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Lifelong Learning
Activities Fundraising
Type: School Board Policy
Section: 500 STUDENTS
Code: 511
Adopted Date: 4/8/1980
Revised Date(s): 05/11/2009, 05/08/2017, 09/11/2019, 09/19/2019
Reviewed Date(s): 04/23/1991, 05/13/1996, 02/12/2001, 07/02/2001, 04/11/2005, 05/11/2009, 05/08/2017, 09/11/2019, 06/20/2022, 06/21/2022, 07/22/2022
Attachments:

I. PURPOSE

The purpose of this policy is to provide guidelines for student fundraising efforts.

II. GENERAL STATEMENT

The Moorhead School Board recognizes a desire and a need for fundraising by student organizations. The School Board also recognizes a need for some constraint to prevent fundraising activities from becoming too numerous and overly demanding on employees, students, and the general public. The term "fundraising" encompasses activities which are designed to raise funds to support an educational program and which meet one of the following criteria:

1. involves a student group.
2. involves a community group and is characterized by one of the following:
a. takes place during school time,
b. utilizes school facilities or equipment, and
c. involves school personnel.
3. involves a school affiliation.

III. DEFINITIONS
 
A. Student Group or Student Organization is a group or organization comprised of one or more current district students, the members of which are limited to current district students and any district-assigned advisor(s).
 
B. District Sponsored is a student group or student organization that receives funding directly from the district, has a teacher or other district employee assigned to and overseeing its activities; is directly related to a class offered by the district (e.g. music, drama, art, choir, speech, etc.).
 
C. Student Activity is a program, presentation, or other events, other than a fundraising activity, conducted or sponsored by a district-sponsored student group or organization.
 
D. Fundraising Activity is any program or event conducted by or on behalf of a student group or student organization that has the primary purpose of raising money for the use of a student group, a student organization to pay for any part of student activity, or for approved donations. 

IV. RESPONSIBILITIES

A. All fundraising must be approved in advance by the administration of the school and Activities Director, if applicable, and will not start until approved by the   Assistant Superintendent of Business and Administrative Services utilizing the Fundraiser Approval Form (Administrative Procedure 511.1 and 511.3). Holding nonapproved activities shall be considered a violation of school district policy. It is the responsibility of the   Assistant Superintendent of Business and Administrative Services; to provide coordination of student fundraising throughout the school district as deemed appropriate.


B. Prior to conducting any fundraising for an activity which involves community solicitation, the student members of the fundraising organization and their parents/guardians must be notified of the educational purpose of the activity, the total cost of the activity, the total amount to be raised, and the anticipated profit. If the organization contemplates more than one fundraising activity, all such activities must be listed. If a ticket is sold or announcements posted, the printed message must state the purpose of the fundraising.

C. Fundraising activities during the school day should be limited in number and should not conflict with the regulations relating to food service programs as prescribed by the state and school district.

D. Activities should be avoided where the consumer feels compelled to purchase or the student feels compelled to sell the product or services. Door-to-door fundraising activities should be limited and discouraged. If door-to-door sales are conducted, students are expected to do so in a group of two or more students or be accompanied by a parent/guardian.

E. The school district expects all students who participate in approved fundraising activities to represent the school, the student organization, and the community in a responsible manner. All rules pertaining to student conduct and student discipline extend to student fundraising activities.

F. The school district expects all employees who plan, supervise, coordinate, or participate in student fundraising activities to act in the best interests of the students and to represent the school, the student organization, and the community in a responsible manner.

G. Funds raised by student groups shall be accounted for by each student organization in accordance with school district accounting procedures and Uniform Financial Accounting and Reporting System (UFARS) Manual, Chapter 14. The fundraising completion form (Administrative Procedure 511.3) shall be sent to the Executive Director of Human Resources and Operations; at the end of the fundraising activity.

H. All fundraising will be conducted in accordance with applicable laws and/or policies. Licenses must be obtained when necessary.

Money or other resources raised by the fundraising activity:
 
1. Must be used for the student group or students.
 
2. May purchase supplies, materials, or equipment which will become the property of the district;
 
3. Must follow UFARS and accounting procedures.
 
IV. ANNUAL REPORT

The Superintendent shall report to the School Board, at least annually, on the nature and scope of student fundraising activities approved pursuant to this policy. 

 
Legal References: 
Minn. Stat. 123B.36 (Authorized Fees)
UFARS Manual, Chapter 14 (Student Activity Accounting)
Minn. Stat. 120A.20, Subd. 1 (Age Limitations; Pupils)
Minn. Stat. 123B.09, Subd. 8 (Duties)

Cross References:
Moorhead School Board Policy 551: Student Discipline
Moorhead School Board Policy 904: Community Use of School Facilities and Equipment

 

Administering Medication in School
Type: Administrative Procedure
Section: 500 STUDENTS
Code: 516.1
Adopted Date: 11/13/2009
Revised Date(s): 06/08/2015
Reviewed Date(s): 06/08/2015, 12/12/2016
Attachments:

Adm Procedure

Administering Prescribed Medical Procedures and Treatments in School
Type: Administrative Procedure
Section: 500 STUDENTS
Code: 516.3
Adopted Date: 6/8/2015
Revised Date(s):
Reviewed Date(s): 12/12/2016
Attachments:

Adm Proc.

Adopt-A-School Guidelines
Type: Administrative Procedure
Section: 200 SCHOOL BOARD
Code: 213.12
Adopted Date: 7/1/1986
Revised Date(s): 10/01/1993, 05/08/2017, 08/18/2022
Reviewed Date(s): 07/01/1991, 10/01/1993, 05/08/2017, 08/18/2022
Attachments:

I. PURPOSE

It is important that the school board members become knowledgeable about the instructional programs and activities within the district. To encourage communication and increase understanding about the programs and activities in a single school, each school board member will "adopt" or be assigned a specific school.

In this role, board members will not be expected to resolve problems or issues of an operational nature related to the school, nor address personnel issues regarding staff-staff, or staff-administrator relationships. The normal channels of communication will be used for these matters.

II. GENERAL STATEMENT

A. Selection of the "Adopt-A-School" Member- the selection of the Adopt-a-School member will be done after receiving input from board members at the July organizational meeting.

B. Visitation to Buildings- Board members will visit their adopted school from time to time, review school and PTAC communications, and other means as appropriate, to remain knowledgeable and aware of school programs and activities.

Alternatives to Food as Rewards
Type: Administrative Procedure
Section: 500 STUDENTS
Code: 533.7
Adopted Date: 5/31/2011
Revised Date(s):
Reviewed Date(s): 04/13/2015, 04/10/2017, 02/12/2018, 12/10/2018
Attachments:

Administrative procedure 533.7 is attached.

Approval for Fundraising Activities
Type: Administrative Procedure
Section: 500 STUDENTS
Code: 511.1
Adopted Date: 12/1/1990
Revised Date(s): 05/11/2009, 05/08/2017, 12/05/2018
Reviewed Date(s): 12/01/1990, 11/01/1994, 02/01/1996, 02/07/1997, 11/10/2003, 05/11/2009, 05/08/2017
Attachments:

Requests for all fundraising activities in student athletics and other activities shall receive prior approval from the building administrator and the activities director before the form is sent to the executive director of human resources and operations for approval. (If a fundraising form is not signed by both the activities director and building administrator it will be returned to the coach/advisor for signatures.)

Assumptions and Budget Planning Schedule
Type: Administrative Procedure
Section: 700 NON-INSTRUCTIONAL OPERATIONS AND BUSINESS SERVICES
Code: 701.1
Adopted Date: 9/1/1989
Revised Date(s): 02/07/1997, 12/02/2016, 05/10/2022
Reviewed Date(s): 10/23/1990, 02/07/1997, 12/02/2016
Attachments:

September-October

  • Preliminary Levy Certification

  • Review of Long Term Facility Maintenance (LTFM) Plan

  • World’s Best Work Force Report and Summary

November

  • November Enrollment Report and Projections

  • Audit Report for past school year

  • Financial assumptions for next school year

  • Submit budget publication

December

  • Public Hearing on proposed tax levy (TNT Presentation)

  • Set Final Levy

January-February

  • Approve Budget Revision and preliminary budget for next two fiscal years

  • Annual Operating Plan Development for Next Year

    • Planning

    • Establish assumptions

    • Identify needs, wants, and dreams, for Annual Operating Plan

    • Program Determination

    • Building utilization/space needs/class size

    • Preliminary Budget for next Biennium

    • Financial guidelines for the next fiscal year

    • Long-range planning

    • Building Goals

    • Establish district goals and objectives

    • Long Term Facility Maintenance 10 year plan

    • Capital outlay equipment request for next year

March

  • Preliminary Staffing plan to the School Board

  • Capital Outlay/Long Term Facilities Maintenance Requests Due

  • Last month to add new purchase orders

April

  • Last month to spend on blanket purchase orders

  • Approve 10 year LTFM plan

  • Review preliminary budgets with principals and supervisors

May

  • Capital Outlay/Deferred Maintenance Plan to the School Board

June
  • Approve Final Budget (AOP) for next fiscal year

July

  • Projects to be entered into Summer Levy System

August

  • Planning cycle begins for next year

 

Attachment A: Driver Acknowledgment - Drug and Alcohol Testing Policy and Materials
Type: Administrative Procedure
Section: 400 EMPLOYEES/PERSONNEL
Code: 416-A
Adopted Date: 12/12/1994
Revised Date(s): 04/09/2007, 12/11/2019
Reviewed Date(s): 05/11/1998, 12/09/2002, 04/09/2007, 04/13/2015, 04/21/2017
Attachments:

 

Attachment B: Bus Driver or Driver - Applicant Authorization to Release Information
Type: Administrative Procedure
Section: 400 EMPLOYEES/PERSONNEL
Code: 416-B
Adopted Date: 12/12/1994
Revised Date(s): 04/09/2007, 12/11/2019
Reviewed Date(s): 05/11/1998, 12/09/2002, 04/09/2007, 04/13/2015, 04/21/2017, 12/11/2019
Attachments:

 

Attachment C: Bus Driver or Driver Applicant Refusal to Submit to Testing
Type: Administrative Procedure
Section: 400 EMPLOYEES/PERSONNEL
Code: 416-C
Adopted Date: 12/12/1994
Revised Date(s): 04/09/2007, 12/11/2019
Reviewed Date(s): 05/11/1998, 12/09/2002, 04/09/2007, 04/13/2015, 04/10/2017, 12/11/2019
Attachments:

 

Attachment D: Pretest Notice
Type: Administrative Procedure
Section: 400 EMPLOYEES/PERSONNEL
Code: 416-D
Adopted Date: 12/12/1994
Revised Date(s): 04/09/2007, 12/11/2019
Reviewed Date(s): 05/11/1998, 12/09/2002, 04/09/2007, 04/13/2015, 04/10/2017, 12/11/2019
Attachments:

 

Attachment E: Notice of Test Results and Various Rights
Type: Administrative Procedure
Section: 400 EMPLOYEES/PERSONNEL
Code: 416-E
Adopted Date: 12/12/1994
Revised Date(s): 04/09/2007, 12/11/2019
Reviewed Date(s): 05/11/1998, 12/09/2002, 04/09/2007, 04/13/2015, 04/10/2017, 12/11/2019
Attachments:

 

Attachment F: Explanation of Positive Test Result
Type: Administrative Procedure
Section: 400 EMPLOYEES/PERSONNEL
Code: 416-F
Adopted Date: 12/12/1994
Revised Date(s): 04/09/2007, 12/11/2019
Reviewed Date(s): 05/11/1998, 12/09/2002, 04/09/2007, 04/13/2015, 04/10/2017, 12/11/2019
Attachments:

 

Attachment G: Acknowledgment Drug and Alcohol Testing Policy
Type: Administrative Procedure
Section: 400 EMPLOYEES/PERSONNEL
Code: 416-G
Adopted Date: 12/12/1994
Revised Date(s): 04/09/2007, 12/11/2019
Reviewed Date(s): 05/11/1998, 12/09/2002, 04/09/2007, 04/13/2015, 04/10/2017, 12/11/2019
Attachments:

 

Attachment H: Reasonable Suspicion - Behavioral Observation Checklist
Type: Administrative Procedure
Section: 400 EMPLOYEES/PERSONNEL
Code: 416-H
Adopted Date: 4/10/2017
Revised Date(s):
Reviewed Date(s):
Attachments:

Adm. Proc.

Attendance Area Exception Request Form
Type: Administrative Procedure
Section: 500 STUDENTS
Code: 536.2
Adopted Date: 6/28/1983
Revised Date(s): 03/08/2004, 01/23/2012, 02/23/2015, 12/12/2016
Reviewed Date(s): 01/14/1992, 03/11/1996, 03/08/2004, 01/23/2012, 02/23/2015, 04/11/2016, 12/12/2016
Attachments:

Adm Proc attached.

Attendance Area Exception Request Procedure
Type: Administrative Procedure
Section: 500 STUDENTS
Code: 536.1
Adopted Date: 6/28/1983
Revised Date(s): 03/08/2004, 01/18/2010, 01/23/2012, 12/12/2016
Reviewed Date(s): 01/14/1992, 03/11/1996, 03/08/2004, 01/18/2010, 01/23/2012, 04/11/2016, 12/12/2016
Attachments:

I. PURPOSE

The primary purpose of the attendance area exception request procedure is to provide a process for handling requests for exceptions to the established attendance areas.

II. GENERAL STATEMENT

The following specific considerations are pertinent:

A. An attendance area exception is to be approved whenever possible using the criteria specified below to guide the decision.

B. Processing of attendance area exception requests will begin after March 1 up until August 15, in the order in which they are received. The decision for approval or denial may be delayed. Each request is to be evaluated on its own merit in terms of the established criteria.

C. Students who are siblings of those who have previously transferred are not guaranteed approval on requests for transfer. Requests for siblings to transfer will be processed in the same manner as other transfer requests.

III. CRITERIA FOR APPROVAL OR DENIAL OF REQUESTS
 
A committee comprised of elementary building administrators and the assistant superintendent of finance and operations will review requests. The following items will be considered for approval or denial of requests:

1. School and classroom enrollment capacity;

2. The class size limits of the receiving school as established in Administrative Procedure 631.1;

3. The best interest of the student;

4. Attendance records and daycare placement issues;

5. Other factors deemed appropriate.

The parent/guardian is asked to follow these steps in securing permission to have their student(s) attend a school outside the normal attendance area.

STEP I
The principal or designee will ask the parent/guardian to complete the Attendance Area Exception Request Form (Administrative Procedure 536.2). The committee will approve or disapprove the request after considering the information provided.

Attendance Area Exception Request Forms may be submitted beginning on March 1 for the following school year. All forms received by June 1 will be acted upon by June 30.

STEP II
The parents are notified of approval or denial by receiving a copy of the form from district administration.

STEP III
Requests which are denied by the committee may be appealed. Such denials must be explained to the parent/guardian by the building administrator. The parent/guardian is then referred to the Assistant Superintendent for appeal action.

STEP IV
In the event the request is still denied, the parent/guardian may, in the form of a letter, appeal to the Superintendent. Final action will be taken at this level.

Once a student transfer has been approved, the student becomes the responsibility of the receiving school during that school year unless the student leaves the school or another transfer is approved. A request to return to the school in the attendance area where the parent/guardian resides must follow the procedures and be judged on the criteria outlined above. Approval of such a request is neither automatic, nor is it guaranteed. All attendance area exceptions will expire at the end of the school year or earlier if revoked. Requests must be submitted for each school year. 
Attendance Areas
Type: School Board Policy
Section: 500 STUDENTS
Code: 536
Adopted Date: 9/6/1988
Revised Date(s): 02/11/2008, 12/12/2011, 04/11/2016, 12/12/2016, 07/22/2022
Reviewed Date(s): 12/01/1990, 11/01/1994, 12/01/1996, 03/08/2004, 02/11/2008, 12/12/2011, 04/11/2016, 12/12/2016, 12/11/2019, 06/20/2022, 07/22/2022
Attachments:

I. PURPOSE

The purpose of this policy is to provide information related to attendance area boundaries for students in grades K-12.

II. GENERAL STATEMENT

ATTENDANCE AREAS
Attendance area boundaries for Moorhead Area Public Schools may be revised as necessary for each school year.
 
GRADES K-4
 
Students are required to attend school within the boundaries of the attendance area in which they reside unless an attendance area exception request has been approved or administrative placement is made due to class size restraints.
 
Maps and descriptions of attendance areas are available in the department of the assistant superintendent of business and administrative services and on the school district's website (www.moorheadschools.org).

Guidelines for handling attendance area exception requests are included as Administrative Procedure 536.1: Attendance Area Exception Request Procedure and Administrative Procedure 536.2: Attendance Area Exception Request Form. Transportation is not provided for attendance area exceptions. Transportation will be provided for administrative transfers according to Administrative Procedure 536.3: Class Size in Grades K-6.

GRADES 5, 6, 7 and 8
Students in grades 5, 6, 7, and 8 will attend either Horizon Middle School West, Horizon Middle School East, West Central Regional Juvenile Center, or programs at MHS Career Academy/Alternate Education.

GRADES 9, 10, 11 and 12
Students in grades 9, 10, 11, and 12 will attend either Moorhead High School, West Central Regional Juvenile Center, or programs at MHS Career Academy/Alternate Education. For graduation purposes, these sites are considered a part of Moorhead High School.
III. RESIDENCE DEFINED

A student is classified as a resident of an attendance area when the following conditions are satisfied.

A. The student must reside with a parent or legal guardian.

B. For an unmarried student age 18 or over, "parent" means the student unless a guardian or conservator has been appointed, in which case it means the guardian or conservator.

C. The place of residence is established to be where the parent(s)/guardian(s) or person(s) charged with legal responsibility permanently resides.

 
Legal Reference:
Minn. Stat. 120A.22, Subd. 3(e) (Residency Determined)

Cross References:
Moorhead School Board Policy 504: Protection and Privacy of Student Records
Moorhead School Board Policy 511: Enrollment of Nonresident Students


Booster Club Procedures
Type: Administrative Procedure
Section: 200 SCHOOL BOARD
Code: 538.2
Adopted Date: 1/8/2018
Revised Date(s):
Reviewed Date(s):
Attachments:

I. PURPOSE

The purpose of these procedures are to provide guidelines for communication between booster clubs and the district and secondary administration.

II. DEFINITION, PURPOSE AND FUNCTION OF BOOSTER CLUBS

A booster club is defined as “an organization this is formed to help support the efforts of a sports team, activity or organization.” Support is shown in many ways, including volunteering time, raising money, and contributing funds to better enhance the team, activity or organization's performance.

Booster clubs may raise money by printing promotional items like team schedules, programs and yearbooks. They can organize team events, such as pre- or post-game dinners or social events during the season. Booster clubs may perform, meet, or organize in any way, in accordance with the above-stated definition, that supports or boosts, the program they are formed to support.

It is the charge of the Moorhead Activities Office and the administration at Moorhead secondary schools to ensure that booster clubs operate within their defined parameters

III. REQUIRED PROCEDURES

1. Each booster club should have elected or appointed officers (president, treasurer and secretary).
 
2. Prior to the first practice of each season, each booster club president must inform the principal and/or activities director with the names and contact information (address, phone and email) of each officer.
 
3. Booster club meetings should follow a set agenda each meeting (welcome/minutes from past meeting/treasurer report/old business/new business).
 
4. All the items in this procedure are required and mandatory.

IV. LEGAL COMPLIANCE

1. Each club will remain in good standing with state and federal law to be recognized as a booster club by the district.
 
2. To remain in good standing each club should do the following:
 
a. Obtain a Federal Taxpayer Identification number, a State Employer’s ID number and if appropriate, a state seller’s permit number (sales tax).
 
b. Clubs are generally considered non-profit organizations and will fundraise within the state of Minnesota, To comply with applicable charitable laws, the club will need to:
 
i. Become incorporated in Minnesota (develop bylaws and articles of incorporation and follow requirements for operating as such) as a non-profit corporation.
 
ii. Register with the State Attorney General’s Office as a charitable organization.
 
iii. Request recognition from the IRS as an exempt organization by filing Form 1023.
 
iv. Annually file a form 990 or “postcard” filing as applicable with the IRS and annually file Charitable Organization Annual Report with the Minnesota Attorney General’s office.
 
1. Clubs may also be required to file a Minnesota M4NP, depending on income and revenue sources; contact business office.
 
a. Clubs not organized as nonprofits will need to demonstrate to the district they are complying with applicable laws pertaining to reporting of revenue and expenditures as a for-profit corporation, partnership or individual.
 
b. Provide the district (principal/activities director) with a copy of the appropriate annual tax/reporting returns filed with the appropriate federal and state agencies.

V. FINANCES

1. The treasurer report should contain all transactions that took place prior to the meeting.
 
2. The finances of each booster club should be open to all members.
 
3. At no time should a paid coach have check-writing authority.
 
4. It is mandatory that two people should be involved in the authorization and signing of any check.
 
5. All purchases must go through the school district (see purchasing section).
 
6. At least two members should tabulate all funds collected.
 
7. The district has the right to request tax statements, receipts, expenditures, and balances.
 
VI. PURCHASING
 
1. Booster clubs may purchase athletic equipment for their teams. They must go through the head coach and the activities director for approval. Booster clubs should not purchase equipment independently. When equipment is purchased from donated funds it becomes the property of the school district.
 
2. After the head coach and the activities director have approved an equipment request, the booster club should donate the funds to the activities office, specifying its purpose. The activities office will then complete a purchase order to begin the process. All equipment and supplies must be shipped to a school district address.
 
3. Booster clubs should not order materials directly or have materials shipped to a home.
 
4. If a booster club is funding a coaching position, the funds must be donated to the district prior to the start of the season. All coaches must complete the new hire paperwork. At the end of the season the activities office will use the booster club funds to pay the coach.
 
5. The activities office cannot give out the school district tax-exempt number. Sponsors making donations must follow the above process for purchasing equipment.
 
VII. BILLING TO BOOSTER CLUBS
 
1. All transportation, fees and equipment must be approved by the activities director.
 
2. The activities office will bill booster clubs for any bus transportation that exceeds the district budget.
 
3. The activities office will bill booster clubs for any fees for tournaments or games that exceed the district budget.
 
4. The district may bill a booster club for supplies/equipment that exceeds the district budget. All donation must be turned into the activities office prior to ordering.

VIII. BOOSTER CLUBS SHOULD:

1. Volunteer time and raise money.
 
2. Contribute funds to better enhance the team or organization’s performance.
 
3. Print promotional items like team schedules, programs and yearbooks (subject to approval by the head coach and activities director).
 
4. Financially support the program by providing additional funding for coaches, staff and event workers.
 
5. Organize team events, such as team meals.
 
6. Listen and work closely with the head coach.
 
7. Discuss as official business any item that meets the definition or function of a booster club.

IX. BOOSTER CLUBS SHOULD NOT:

1. Openly discuss or perform a performance review of the head coach or coaching staff.
 
2. Review the performance of a coach funded by the booster club; staff evaluations are solely the responsibility of the school district.
 
3. Openly discuss playing time issues.
 
4. Direct funding of the program in order to control the hiring or firing of the head coach or staff member.
 
5. Offer up a petition by booster club members to hire/fire a coach.
 
6. Plan, organize or attempt to implement an off-season training program without direction or consent from the head coach.
 
7. Discuss as official business any item that does not meet the definition and function of a booster club.

X. END-OF-SEASON CELEBRATIONS

1. The head coach is responsible for all facets of the end-of-season awards banquet. The head coach may delegate these responsibilities to the booster club; however, the program must be approved by the head coach.
 
2. The awards given out at the banquet are the sole responsibility of the head coach.
 
3. There should be no open bar for adults, and parents should refrain from using alcohol at banquet.
 
4. To avoid conflict, celebration should not be held on Wednesday evenings or before noon on Sundays.
 
XI. ADVERTISING
 
1. The activities office must approve all advertisements in printed programs for events. Please email or fax a copy of ads for approval prior to printing.
 
2. The activities office reserves the right to pull programs that have not been approved or are not consistent with district values.

XII. FUNDRAISERS

1. Fundraising is a necessary part of secondary school activities today.
 
2. Be aware that membership on a team and/or playing time is not affected in any way by the amount of money raised by a participant.
 
3. Booster club dues and other fees should not be refunded to students who are cut from the team.

XIII. CAPTAIN'S PRACTICES 

1. No coaches (paid or volunteer) supervise captains' practices.
 
2. Captains' practices may be scheduled up to two weeks before the start of the season.
 
3. Adult supervision is required at captains' practices, but student participation should never be mandated or required.

IVX. MSHSL BASICS

1. Coaches are allowed to work with their teams only during the designated MSHSL season and the summer waiver period.
 
2. No booster club member may recruit or encourage athletes from another school to transfer to Moorhead Area Public Schools.
 
 
Cross References:
Minnetonka Activities Booster Club Guidelines
Anoka Activities Booster Club Guidelines
Budget Planning - Capital Outlay Guidelines
Type: Administrative Procedure
Section: 700 NON-INSTRUCTIONAL OPERATIONS AND BUSINESS SERVICES
Code: 701.2
Adopted Date: 3/24/1988
Revised Date(s): 02/05/1997, 12/02/2016, 05/10/2022
Reviewed Date(s): 11/26/1991, 02/05/1997, 12/02/2016
Attachments:

I. Definition of Capital Outlay:

"Site improvements, building improvements, and capital repairs are of such magnitude that they represent an expenditure with a minimum individual project cost of $1,000.00, with the useful life of at least ten years, and significantly increase the value and/or extend the useful life in the instance of capital repair. Equipment represents an expenditure with a minimum unit cost of $500 with a useful life of at least four years."

II. Allocations will be based on the following (in priority):

A. Health and Safety
B. Energy Conservation
C. Building Preservation
D. Instructional Equipment
E. Convenience
F. Appearance

III. Requests will be made as to budget categories:

A. Operating Capital

Revenue may be used for repair and restoration of existing district-owned facilities; new construction correcting existing health and safety hazards; equipping and reequipping buildings; surplus school buildings that are used substantially for public non-school purposes; leasing buildings, and purchasing or leasing interactive telecommunications equipment. This revenue may also be used to pay capital expenditure related assessments of any entity formed under a cooperative agreement between two or more districts, to purchase or lease computers and related materials, copying machines, telecommunications equipment, and other non-instructional equipment, to purchase or lease equipment for instructional programs, to purchase textbooks, to purchase library books, and to purchase vehicles other than school buses. Most items can be readily classified as equipment. However, the following are examples of equipment items that could appear to qualify as supplies: Encyclopedias, large wall maps, large freestanding globes, band and choir uniforms, chairs, and library books representing initial adoptions and later substantive improvements.

B. Health & Safety
This revenue is available based on approval of an application to the Commissioner of Education for hazardous substance removal, fire code compliance or life safety repairs. The revenue may be used to correct fire safety hazards of life safety hazards or for the removal or encapsulation of asbestos, asbestos-related repairs, clean-up and disposal of PCBs or clean-up removal, disposal and repairs related to storing heating fuel or transportation fuels.

C. Other Capital Building Lease
This revenue may be used to pay capital expenditures related to the lease of non-school district properties for educational purposes. This levy can be made only after securing prior approval from the Minnesota State Department of Education.

IV. Allocations to buildings for facilities and equipment will be based on the number of pupil units.

V. Responsibilities - Media

A. New library books for each building level library/media center - budget established and controlled by the district library/media director in consultation with building media center and principals - selection of materials and decision to purchase - principals.

B. Audio visual materials housed at the district Instructional Media Center (IMC) and circulated to the schools (films, filmstrips, kits, etc.) - budget established and controlled by the district library/media director - materials evaluated and recommended for purchase by teachers, librarians and principals - decision to purchase district media director.

C. Audio visual equipment/software for buildings and district IMC projectors, overheads, video equipment, software, etc.) - budget established and controlled by district library/media director - needs established by building AV coordinators in consultation with district media director and building principals - decision to purchase - district media director.

D. Encyclopedias for libraries - equipment budget established and controlled by building principals in consultation with building librarians. Encyclopedias based on CD-Rom will be purchased from technology and/or audiovisual budgets.

VI. Technology purchases will be made from district and/or building equipment budgets as well as the District long range technology budget.

VII. District wide programs including special education, gifted, ESL and needs that cannot be addressed in the discretionary funds will be reviewed by central administration (federal funds and basic levy).

VIII. The School Board will approve the budget allocations in total, not by line item. The administration will have the discretion to move monies around within the budgeted amounts.

Bullying Prohibition
Type: School Board Policy
Section: 500 STUDENTS
Code: 514
Adopted Date: 3/8/2004
Revised Date(s): 05/12/2008, 06/13/2011, 06/11/2012, 07/14/2014, 06/08/2015, 06/13/2016, 05/02/2019, 07/15/2020, 06/20/2022, 07/22/2022, 06/14/2023, 08/29/2023
Reviewed Date(s): 05/12/2008, 06/13/2011, 06/11/2012, 07/14/2014, 06/08/2015, 06/13/2016, 05/08/2017, 05/29/2018, 06/10/2020, 06/15/2021, 06/20/2022, 06/21/2022, 07/22/2022, 06/14/2023, 08/29/2023
Attachments:
I. PURPOSE

The purpose of this policy is to set forth the goal of Moorhead Area Public Schools in preventing and responding to acts of bullying, intimidation, violence, reprisal, retaliation, and other similar disruptive and detrimental behavior.

II. GENERAL STATEMENT
 
A safe and civil environment is needed for students to learn and attain high academic standards and promote healthy human relationships. Bullying, like other violent or disruptive behavior, is conduct that interferes with a student's ability to learn and/or a teacher's ability to educate students in a safe environment. The Moorhead Area Public Schools cannot monitor the activities of students at all times and eliminate all incidents of bullying between students, particularly when students are not under the direct supervision of school personnel. However, to the extent such conduct affects the educational environment of the school district and the rights and welfare of its students and is within the control of the school district in its normal operations, the school district intends to prevent bullying and take action to investigate, respond to, and to remediate and discipline for those acts of bullying which have not been successfully prevented. The purpose of this policy is to assist the school district in its goal of preventing and responding to acts of bullying, intimidation, violence, reprisal, retaliation, and other similar disruptive and detrimental behavior.
 
A. An act of bullying, by either an individual student or a group of students, is expressly prohibited;
 
1. on school premises, on school district property, at school functions or activities, or on school transportation.
 
2. by the use of electronic technology and communications on the school premises, during the school functions, or activities, on the school transportation, or on the school computers, networks, forums, and mailing lists; or
 
3. by use of electronic technology and communications off the school premises to the extent such use substantially and materially disrupts.
 
B. A school-aged child who voluntarily participates in a public school activity, such as a cocurricular or extracurricular activity, is subject to the policy provisions applicable to the public school students participating in the activity.
 
C. This policy applies not only to students who directly engage in an act of bullying but also to students who, by their indirect behavior, condone or support another student's act of bullying. This policy also applies to any student whose conduct at any time or in any place constitutes bullying or other prohibited conduct that interferes with or obstructs the mission or operations of the school district or the safety or welfare of the student or other students, or materially and substantially interferes with a student's educational opportunities or performance or ability to participate in school functions or activities or receive school benefits, services, or privileges. This policy also applies to an act of cyberbullying regardless of whether such act is committed on or off school district property and/or with or without the use of school district resources. The policy also applies to sexual exploitation.
 
D. Malicious and sadistic conduct involving race, color, creed, national origin, sex, age, marital status, status with regard to public assistance, disability, religion, sexual harassment, and sexual orientation and gender identity as defined in Minnesota Statutes, chapter 363A is prohibited. This prohibition applies to students, independent contractors, teachers, administrators, and other school personnel.
 
Malicious and sadistic conduct and sexual exploitation by a school district or school staff member, independent contractor, or enrolled student against a staff member, independent contractor, or student that occurs as described in Article II.A above is prohibited.

E. No teacher, administrator, volunteer, contractor, or other employees of the school district shall permit, condone, or tolerate bullying.

F. Apparent permission or consent by a student being bullied does not lessen or negate the prohibitions contained in this policy.

G. Retaliation against a victim, good faith reporter, bully, or a witness of bullying is prohibited.

H. False accusations or reports of bullying against another student are prohibited.

I. A person who engages in an act of bullying, reprisal, retaliation, or false reporting of bullying or permits, condones or tolerates bullying shall be subject to discipline or other remedial responses for that act in accordance with the school district's policies and procedures, including the school district's Student Discipline Policy 506 and Administrative Procedures 506.1: Discipline Procedures506.2 Tennessen Warning and 506.3 Notice of Suspension Form. The school district may take into account the following factors:

1. The developmental ages and maturity levels of the parties involved;

2. The levels of harm, surrounding circumstances, and nature of the behavior;

3. Past incidences or past or continuing patterns of behavior;

4. The relationship between the parties involved; and

5. The context in which the alleged incidents occurred.

Consequences for students who commit prohibited acts of bullying may range from remedial responses or positive behavioral interventions up to and including suspension and/or expulsion. The school district shall employ research-based developmentally appropriate best practices that include preventative and remedial measures and effective discipline for deterring violations of this policy, apply throughout the school district, and foster student, parent, and community participation.
 
Consequences for employees who permit, condone, or tolerate bullying or engage in an act of reprisal or intentional false reporting of bullying may result in disciplinary action up to and including a letter of deficiency, letter of disciplinary action, termination, or discharge.
 
Consequences for other individuals engaging in prohibited acts of bullying may include, but not be limited to, exclusion from school district property and events.

J. The Moorhead Area Public Schools will act to investigate all complaints of bullying reported to the school district and will discipline or take appropriate action against any student, teacher, administrator, volunteer, contractor, or other employees of the school district who is found to have violated this policy.

III. DEFINITIONS

For purposes of this policy, the definitions included in this section apply.

A. "Bullying" means intimidating, threatening, abusive, or harming conduct that is objectively offensive and:
 
1. an actual or perceived imbalance of power exists between the student engaging in the prohibited conduct and the target of the prohibited conduct, and the conduct is repeated or forms a pattern; or
 
2. materially and substantially interferes with a student's educational opportunities or performance or ability to participate in school functions or activities or receive school benefits, services, or privileges.
 
The term, "bullying," specifically includes cyberbullying, malicious and sadistic conduct, and sexual exploitation.
 
B. "Cyberbullying" means bullying using technology or other electronic communication, including, but not limited to, a transfer of a sign, signal, writing, image, sound, or data, including a post on a social network Internet website, or forum, transmitted through a computer, cell phone, or other electronic devices. The term applies to prohibited conduct that occurs on school premises, on school district property, at school functions or activities, on school transportation, on school computers, networks, forums, and mailing lists, or off school premises to the extent that it substantially and materially disrupts student learning or the school environment. 
 
C. "Immediately" means as soon as possible but in no event longer than 24 hours.
 
D. "Intimidating, threatening, abusive, or harming conduct" means, but is not limited to, conduct that does the following:
 
1. Causes physical harm to a student or a student's property or causes a student to be in reasonable fear of harm to person or property;
 
2. Under Minnesota common law, violates a student's reasonable expectation of privacy, defames a student, or constitutes intentional infliction of emotional distress against a student; or
 
3. Is directed at any student or students, including those based on a person's actual or perceived race, ethnicity, color, creed, religion, national origin, immigration status, sex, marital status, familial status, socioeconomic status, physical appearance, sexual orientation including gender identity and expression, academic status related to student performance, disability, or status with regard to public assistance, age, or any additional characteristic defined in the Minnesota Human Rights Act (MHRA). However, prohibited conduct need not be based on any particular characteristic defined in this paragraph or the MHRA.

E. ”Malicious and sadistic conduct” means creating a hostile learning environment by acting with the intent to cause harm by intentionally injuring another without just cause or reason or engaging in extreme or excessive cruelty or delighting in cruelty.
 
F. "On school premises, on school district property, at school functions or activities, or on school transportation" means all school district buildings, school grounds, and school property or property immediately adjacent to school grounds, school bus stops, school buses, school vehicles, school contracted vehicles, or any other vehicles approved for school district purposes, the area of entrance or departure from school grounds, premises, or events, and all school-related functions, school-sponsored activities, events, or trips. School district property also may mean a student's walking route to or from school for purposes of attending school or school-related functions, activities, or events. While prohibiting bullying at these locations and events, the school district does not represent that it will provide supervision or assume liability at these locations and events.
 
G. "Prohibited conduct" means bullying or cyberbullying, malicious and sadistic conduct, sexual exploitation or retaliation or reprisal for asserting, alleging, reporting, or providing information about such conduct or knowingly making a false report about prohibited conduct.
 
H. "Remedial response" means a measure to stop and correct prohibited conduct, prevent prohibited conduct from recurring, and protect, support, and intervene on behalf of a student who is the target or victim of prohibited conduct.
 
I. "Student" means a student enrolled in a public school or a charter school.

IV. REPORTING PROCEDURE

A. Any person who believes he or she has been the target or victim of bullying or any person with knowledge or belief of conduct that may constitute bullying or prohibited conduct under this policy shall report the alleged acts immediately to the appropriate school district officials (teachers, administrators, coaches/advisors, and other employees). A person may report bullying anonymously. However, the school district may not rely solely on an anonymous report to determine discipline or other remedial responses.

B. The Moorhead Area Public Schools encourages the reporting party or complainant to use the report form (Administrative Procedure 514.1: Bullying Report Form) available from the administrator or building supervisor of each building or available from the school district office, but oral reports shall be considered complaints as well.

C. In each school building the building administrator, the administrator's designee, or the building supervisor (hereinafter the "building report taker") is the person responsible for receiving oral or written reports of bullying or other prohibited conduct at the building level. Any person may report bullying or other prohibited conduct directly to the school district human rights officer (Assistant Superintendent of Business and Administrative Services) or the Superintendent. If the complaint involves the building report taker, the complaint shall be made or filed directly with the Superintendent or the school district human rights officer by the reporting party or complainant. The building report taker shall ensure that this policy and its procedures, practices, consequences, and sanctions are fairly and fully implemented and shall serve as the primary contact on policy and procedural matters. The building report taker or a third party designated by the school district shall be responsible for the investigation. The building report taker shall provide information about available community resources to the target or victim of the bullying or other prohibited conduct, the perpetrator, and other affected individuals as appropriate.

D. A teacher, school administrator, volunteer, contractor, or other school employees shall be particularly alert to possible situations, circumstances, or events that might include bullying. Any such person who witnesses, observes, receives a report of, or has other knowledge or belief of conduct that may constitute bullying or other prohibited conduct shall make reasonable efforts to address and resolve the bullying or prohibited conduct and shall inform the building report taker immediately. School district personnel who fail to inform the building report taker of conduct that may constitute bullying or other prohibited conduct or who fail to make reasonable efforts to address and resolve the bullying or prohibited conduct in a timely manner may be subject to disciplinary action. 

E. Reports of bullying or other prohibited conduct are classified as private educational and/or personnel data and/or confidential investigative data and will not be disclosed except as permitted by law. The building report taker, in conjunction with the responsible authority, shall be responsible for keeping and regulating access to any report of bullying and the record of any resulting investigation.

F. Submission of a good faith complaint or report of bullying or other prohibited conduct will not affect the complainant’s or reporter’s future employment, grades, work assignments, or educational or work environment.

G. The school district will respect the privacy of the complainant(s), the individual(s) against whom the complaint is filed, and the witnesses as much as possible, consistent with the school district’s obligation to investigate, take appropriate action, and comply with any legal disclosure obligations.

V. SCHOOL DISTRICT ACTION

A. Upon receipt of a complaint or report of bullying or other prohibited conduct, the Moorhead Area Public Schools shall promptly begin an investigation of bullying, cyberbullying, harassment, or intimidation report within three school days. The building report taker will be responsible for the investigation, any resulting record, and for keeping and/or regulating access to any record.

B. The building report taker or other appropriate school district officials may take immediate steps, at their discretion, to protect the target or victim of the bullying or other prohibited conduct, the complainant, the reporter, and students or others, pending completion of an investigation of the bullying or other prohibited conduct, consistent with applicable law.
 
C. The alleged perpetrator of the bullying or other prohibited conduct shall be allowed the opportunity to present a defense during the investigation or prior to the imposition of discipline or other remedial responses.

D. Upon completion of an investigation that determines that bullying or other prohibited conduct has occurred, the school district will take appropriate action. Such action may include but is not limited to, warning, suspension, exclusion, expulsion, transfer, remediation, termination, or discharge. Disciplinary consequences will be sufficiently severe to try to deter violations and to appropriately discipline prohibited conduct. Remedial responses to the bullying or other prohibited conduct shall be tailored to the particular incident and nature of the conduct and shall take into account the factors specified in Section II.F. of this policy. School district action taken for violation of this policy will be consistent with the requirements of applicable collective bargaining agreements; applicable statutory authority, including the Minnesota Pupil Fair Dismissal Act; the Student Discipline Policy 506, and procedures (506.1, 506.2, and 506.3) and other applicable school district policies; and applicable regulations.
 
E. Reports of bullying or other prohibited conduct are classified as private educational and/or personnel data and/or confidential investigative data and will not be disclosed except as permitted by law. The building report taker, in conjunction with the Superintendent and/or director of human resources and operations, shall be responsible for keeping and regulating access to any report of bullying and the record of any resulting investigation.

F. Submission of a good faith complaint or report of bullying or other prohibited conduct will not affect the complainant's or reporter's future employment, grades, work assignments, or educational or work environment.

G. Moorhead Area Public Schools will respect the privacy of the complainant(s), the individual(s) against whom the complaint is filed, and the witnesses as much as possible, consistent with the school district's obligation to investigate, take appropriate action, and comply with any legal disclosure obligations.

H. Moorhead Area Public Schools is not authorized to disclose to a victim private educational or personnel data regarding an alleged perpetrator who is a student or employee of the school district. School officials will notify the parent(s)/guardian(s) of students who are targets of bullying or other prohibited conduct and the parent(s) or guardian(s) of alleged perpetrators of bullying or other prohibited conduct who have been involved in a reported and confirmed bullying incident of the remedial or disciplinary action taken, to the extent permitted by law.
 
I. In order to prevent or respond to bullying or other prohibited conduct committed by or directed against a child with a disability, the school district shall, when determined appropriate by the child's individualized education program (IEP) team or Section 504 team, allow the child's IEP or Section 504 plan to be drafted to address the skills and proficiencies the child needs as a result of the child's disability to allow the child to respond to or not to engage in bullying or other prohibited conduct.

VI. RETALIATION OR REPRISAL

Moorhead Area Public Schools will discipline or take appropriate action against any student, teacher, administrator, volunteer, contractor, or other employees of the school district who commits an act of reprisal or who retaliates against any person who asserts, alleges, or makes a good faith report of alleged bullying or prohibited conduct who provides information about the bullying or prohibited conduct, who testifies, assists, or participates in an investigation of alleged bullying or prohibited conduct, or who testifies, assists, or participates in a proceeding or hearing relating to such bullying or prohibited conduct. Retaliation includes, but is not limited to, any form of intimidation, reprisal, harassment, or intentional disparate treatment. Disciplinary consequences will be sufficiently severe to deter violations and to appropriately discipline the individual(s) who engaged in the prohibited conduct. Remedial responses to the prohibited conduct shall be tailored to the particular incident and nature of the conduct and shall take into account the factors specified in Section II.F. of this policy.

VII. TRAINING AND EDUCATION

A. Moorhead Area Public Schools shall discuss this policy with school personnel and volunteers and provide appropriate training to school district personnel regarding this policy. The school district shall establish a training cycle for school personnel to occur during a period not to exceed every three school years. Newly employed school personnel must receive the training within the first year of their employment with the school district. The school district or a school administrator may accelerate the training cycle or provide additional training based on a particular need or circumstance. This policy shall be included in employee handbooks, training materials, and publications on school rules, procedures, and standards of conduct, which materials shall also be used to publicize this policy.
 
B. The school district shall require ongoing professional development, consistent with Minnesota Statutes section 122A.60, to build the skills of all school personnel who regularly interact with students to identify, prevent, and appropriately address bullying and other prohibited conduct. Such professional development includes but is not limited to, the following:
 
1. Developmentally appropriate strategies both to prevent and to immediately and effectively intervene to stop prohibited conduct;
 
2. The complex dynamics affecting a perpetrator, target, and witnesses to prohibited conduct;
 
3. Research on prohibited conduct, including specific categories of students at risk for perpetrating or being the target or victim of bullying or other prohibited conduct in school;
 
4. The incidence and nature of cyberbullying; and
 
5. Internet safety and cyberbullying.

C. Moorhead Area Public Schools annually will provide education and information to students regarding bullying, including information regarding this school district policy prohibiting bullying, the harmful effects of bullying, and other applicable initiatives to prevent bullying and other prohibited conduct. Information is available on the district website at www.moorheadschools.org.

D. The administration of the school district is directed to implement programs and other initiatives to prevent bullying, to respond to bullying in a manner that does not stigmatize the target or victim, and to make resources or referrals to resources available to targets or victims of bullying.
 
E. The administration is encouraged to provide developmentally appropriate instruction and is directed to review programmatic instruction to determine if adjustments are necessary to help students identify and prevent or reduce bullying and other prohibited conduct, to value diversity in school and society, to develop and improve students' knowledge and skills for solving problems, managing conflict, engaging in civil discourse, and recognizing, responding to, and reporting bullying and other prohibited conduct, and to make effective prevention and intervention programs available to students.
 
The administration must establish strategies for creating a positive school climate and use evidence-based social-emotional learning to prevent and reduce discrimination and other improper conduct.
 
The administration is encouraged, to the extent practicable, to take such actions as it may deem appropriate to accomplish the following:
 
1. Engage all students in creating a safe and supportive school environment;
 
2. Partner with parents and other community members to develop and implement prevention and intervention programs;
 
3. Engage all students and adults in integrating education, intervention, and other remedial responses into the school environment;
 
4. Train student bystanders to intervene in and report incidents of bullying and other prohibited conduct to the school's primary contact person;
 
5. Teach students to advocate for themselves and others;
 
6. Prevent inappropriate referrals to special education of students who may engage in bullying or other prohibited conduct, and
 
7. Foster student collaborations that, in turn, foster a safe and supportive school climate. 
 
F. The school district may implement violence prevention and character development education programs to prevent or reduce policy violations. Such programs may offer instruction on character education including, but not limited to, character qualities such as attentiveness, truthfulness, respect for authority, diligence, gratefulness, self-discipline, patience, forgiveness, respect for others, peacemaking, and resourcefulness.
 
G. The school district shall inform affected students and their parents of rights they may have under state and federal data practices laws to obtain access to data related to an incident and their right to contest the accuracy or completeness of the data. The school district may accomplish this requirement by the inclusion of all or applicable parts of its protection and privacy of pupil records (Protection and Privacy of Student Records Policy 515) in the student handbook. 
 
VIII. NOTICE

A. Moorhead Area Public Schools will give annual notice of this policy to students, parents or guardians, and staff, and a summary of this policy shall appear in the student handbook.
 
B. This policy must be conspicuously posted throughout each school building in the administrative offices of the school district and in the office of each school.
 
C. This policy must be distributed to each school district or school employee and independent contractor at the time of hiring or contracting.
 
D. Notice of the rights and responsibilities of students and their parents under this policy must be included in the Student Discipline Policy 506 distributed to parents at the beginning of each school year.
 
E. This policy shall be available to all parents and other school community members in an electronic format in the language appearing on the school district's or a school's website.
 
F. Each school must develop a process for discussing this policy with students, parents of students, independent contractors, and school employees.

 

 
G. The school district shall provide an electronic copy of its most recently amended policy to the Commissioner of Education.
 
IX. POLICY REVIEW 
 
To the extent practicable, the School Board shall annually review and revise this policy. The policy shall be made consistent with Minnesota Statutes sections 121A.031 and 121A.0312 and other applicable laws. Revisions shall be made in consultation with students, parents, community organizations, parent-teacher advisory councils, Policy Review Committee, and the Instruction and Curriculum Advisory Committee.
 
 
Legal References:
Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)
Minn. Stat. 120A.05, Subds. 9, 11, 13, and 17 (Definition)
Minn. Stat. 120B.232 (Character Development Education)
Minn. Stat. 121A.03 (Model Policy)
Minn. Stat. 121A.031 (School Student Bullying Policy) 
Minn. Stat. 121A.0312 (Malicious and Sadistic Conduct)

 

Minn. Stat. 121A.0311 (Notice of the Rights and Responsibilities of Students and Parents under the Safe and Supportive Minnesota Schools Act)
Minn. Stat. 121A.40-121A.56 (Pupil Fair Dismissal Act)
Minn. Stat. 121A.69 (Hazing Policy)
Minn. Stat. Ch. 124E (Charter Schools)
Minn. Stat. § 124D.10 Ch. 124E (Charter School)
Minn. Stat. Ch. 363A (Minnesota Human Rights Act)
20 U.S.C. 1232g et seq. (Family Educational Rights and Privacy Act)
34 C.F.R. 99.1-99.67 (Family Educational Rights and Privacy)

Cross References:

MSBA/MASA Model Policy 413 (Harassment and Violence)

MSBA/MASA Model Policy 414 (Mandated Reporting of Child Neglect or Physical or Sexual Abuse)

MSBA/MASA Model Policy 415 (Mandated Reporting of Maltreatment of Vulnerable Adults)

MSBA/MASA Model Policy 423 (Employee-Student Relationships)

MSBA/MASA Model Policy 501 (School Weapons Policy)

MSBA/MASA Model Policy 506 (Student Discipline)

MSBA/MASA Model Policy 507 (Corporal Punishment)

MSBA Model Policy 514 (Bullying Prohibition Policy)

MSBA/MASA Model Policy 515 (Protection and Privacy of Pupil Records)

MSBA/MASA Model Policy 521 (Student Disability Nondiscrimination)

MSBA/MASA Model Policy 522 (Title IX Sex Nondiscrimination Policy)

MSBA/MASA Model Policy 524 (Internet Acceptable Use and Safety Policy)

MSBA/MASA Model Policy 525 (Violence Prevention)

MSBA/MASA Model Policy 526 (Hazing Prohibition)

MSBA/MASA Model Policy 529 (Staff Notification of Violent Behavior by Students)

MSBA/MASA Model Policy 709 (Student Transportation Safety Policy)

MSBA/MASA Model Policy 711 (Video Recording on School Buses)

MSBA/MASA Model Policy 712 (Video Surveillance Other Than on Buses)

Moorhead School Board Policy 413: Prohibition of Harassment and Violence
Moorhead School Board Policy 414: Mandated Reporting of Child Neglect or Physical or Sexual Abuse
Moorhead School Board Policy 415: Maltreatment of Vulnerable Adults
Moorhead School Board Policy 501: Moorhead Area Public School District Weapons Policy
Moorhead School Board Policy 506: Student Discipline
Moorhead School Board Policy 507: Corporal Punishment
Moorhead School Board Policy 515: Protection and Privacy of Student Records
Moorhead School Board Policy 102: Equal Educational Opportunity
Moorhead School Board Policy 528: Student Parental, Family and Marital Status Nondiscrimination
Moorhead School Board Policy 526: Hazing Prohibition
Moorhead School Board Policy 529: Notification to Staff Regarding Placement of Students with Violent Behaviors
Moorhead School Board Policy 709: Student Transportation Safety
Moorhead School Board Policy 524: Moorhead Area Public Schools Electronic Network and Systems Responsible Use and Safety
Moorhead School Board Policy 521: Student Disability Nondiscrimination 
Moorhead School Board Policy 448: Electronic Communications Between Employees and Students
Bullying Report Form
Type: Administrative Procedure
Section: 500 STUDENTS
Code: 514.1
Adopted Date: 6/20/2007
Revised Date(s): 05/13/2008, 06/11/2012, 07/22/2014
Reviewed Date(s): 05/13/2008, 06/11/2012, 07/22/2014, 06/08/2015, 06/13/2016, 05/08/2017
Attachments:

Administrative Procedure attached.

Car Rental Procedures
Type: Administrative Procedure
Section: 400 EMPLOYEES/PERSONNEL
Code: 412.3
Adopted Date: 12/15/2014
Revised Date(s): 06/25/2018
Reviewed Date(s): 06/25/2018
Attachments:

Car Rental Procedures

Chemical Use and Abuse
Type: School Board Policy
Section: 400 EMPLOYEES/PERSONNEL
Code: 417
Adopted Date: 10/28/2002
Revised Date(s): 10/13/2008, 12/14/2009, 04/14/2014, 04/10/2017, 12/11/2019, 08/04/2022, 08/16/2022, 09/13/2022
Reviewed Date(s): 04/10/2006, 10/13/2008, 12/14/2009, 04/14/2014, 04/10/2017, 12/11/2019, 09/13/2022
Attachments:

I. PURPOSE

The purpose of this policy is to assist the Moorhead Area Public Schools in its goal to prevent chemical use and abuse by providing procedures for education and intervention.

II. GENERAL STATEMENT

The Moorhead School Board recognizes that chemical use and abuse constitutes a grave threat to the physical and mental well-being of students and employees and significantly impedes the learning process. Chemical use and abuse also creates significant problems for society in general. The Moorhead School Board believes that the public school has a role in education, intervention, and prevention of chemical use and abuse.

A. Use or possession of controlled substances, medical cannabis, toxic substances, and alcohol before, during, or after school hours, at school or in any other school location, is prohibited in the school setting in accordance with school district policies and respect to Drug-Free Workplace/Drug-Free School.
 

B. The school district shall develop, implement, and evaluate comprehensive programs and activities that foster safe, healthy, supportive, and drug-free environments that support student academic achievement.


C. Every school that participates in a school district chemical abuse program shall establish a chemical abuse preassessment team.  The team is responsible for addressing reports of chemical abuse problems and making recommendations for appropriate responses to the individual reported cases.


D. The school district shall establish a drug-free awareness program for its employees.


III. DEFINITIONS

A. "Chemical abuse,"  as applied to students, means use of any psychoactive or mood-altering chemical substance, without compelling medical reason, in a manner that induces mental, emotional, or physical impairment and causes socially dysfunctional or socially disordering behavior, to the extent that the minor's normal function in academic, school, or social activities is chronically impaired.
 

B. “Controlled substances,” as applied to the chemical abuse assessment of students, means a drug, substance, or immediate precursor in Schedules I through V of Minnesota Statutes section 152.02 and “marijuana” as defined in Minnesota Statutes section 152.01, subdivision 9 but not distilled spirits, wine, malt beverages, intoxicating liquors or tobacco.  As otherwise defined in this policy, “controlled substances” include narcotic drugs, hallucinogenic drugs, amphetamines, barbiturates, marijuana, anabolic steroids, or any other controlled substance as defined in Schedules I through V of the Controlled Substances Act, 21 United States Code section 812, including analogues and look-alike drugs.


C. “Drug prevention” means prevention, early intervention, rehabilitation referral, recovery support services, or education related to the illegal use of drugs, such as raising awareness about the consequences of drug use that are evidence based.


D. “Teacher” means all persons employed in a public school or education district or by a service cooperative as members of the instructional, supervisory, and support staff including superintendents, principals, supervisors, secondary vocational and other classroom teachers, librarians, counselors, school psychologists, school nurses, school social workers, audio-visual directors and coordinators, recreation personnel, media generalists, media supervisors, and speech therapists.


IV. STUDENTS
 

A. Districtwide School Discipline Policy


Procedures for detecting and addressing chemical abuse problems of a student while on school premises are included in the districtwide school student discipline policy.


B. Programs and Activities


1. The school district shall develop, implement, and evaluate comprehensive programs and activities that foster safe, healthy, supportive, and drug-free environments that support student academic achievements.  The programs and activities may include, among other programs and activities, drug prevention activities and programs that may be evidence-based, including programs to educate students against the use of alcohol, tobacco, marijuana, smokeless tobacco products, and electronic cigarettes.


2. As part of its drug-free programs, the school district may implement the drug abuse resistance education program (DARE) that enables peace officers to undergo the training to teach a curriculum on drug abuse resistance in schools.  


C. Reports of Use, Possession, or Transfer of Alcohol or a Controlled Substance


1. A teacher in a nonpublic school participating in a school district chemical use program, or a public school teacher, who knows or has reason to believe that a student is using, possessing, or transferring alcohol or a controlled substance while on the school premises or involved in school-related activities, shall immediately notify the school's chemical abuse preassessment team, or staff member assigned duties similar to those of such a team, of this information. 


2. Students involved in the abuse, possession, transfer, distribution, or sale of chemicals may be suspended and proposed for expulsion in compliance with the student discipline policy and the Pupil Fair Dismissal Act, Minnesota Statutes section 121A.40-121A.56, and proposed for expulsion.


3. Searches by school district officials in connection with the use, possession, or transfer of alcohol or a controlled substance will be conducted in accordance with school board policies related to search and seizure.


4. Nothing in paragraph IV.B.1. prevents a teacher or any other school employee from reporting to a law enforcement agency any violation of law occurring on school premises or at school school-sponsored.

 

D. Preassessment Team

 

1. Every school that participates in a school district chemical abuse program shall establish a chemical abuse preassessment team designated by the superintendent or designee.  The team must be composed of classroom teachers, administrators, and to the extent they exist in the school, school nurse, school counselor or psychologist, social worker, chemical abuse specialist, and other appropriate professional staff.  For schools that do not have a chemical abuse program and team, the superintendent or designee will assign these duties to a designated school district employee.

 

2. The team is responsible for addressing reports of chemical abuse problems and making recommendations for appropriate responses to the individual reported cases.

 

3. Within forty-five (45) days after receiving an individual reported case, the team shall make a determination whether to provide the student and, in the case of a minor, the student’s parents with information about school and community services in connection with chemical abuse.

 

E. Data Practices

 

1. Student data may be disclosed without consent in health and safety emergencies pursuant to Minnesota Statutes section 13.32 and applicable federal law and regulations.

 

2. Destruction of Records

 

a. If the preassessment team decides not to provide a student and, in the case of a minor, the student’s parents with information about school or community services in connection with chemical abuse, records created or maintained by the team about the student shall be destroyed not later than six (6) months after the determination is made.

 

b. If the team decides to provide the student and, in the case of a minor or a dependent student, the student’s parents with information about school or community services in connection with chemical abuse, records created or maintained by the team about the student shall be destroyed not later than six (6) months after the student is no longer enrolled in the district.

 

c. Destruction of records identifying individual students shall be governed by paragraph IV.E.2. notwithstanding Minnesota Statutes section 138.163 (Preservation and Disposal of Public Records).

 

F. Consent

 

Any minor may give effective consent for medical, mental, and other health services to determine the presence of or to treat conditions associated with alcohol and other drug abuse, and the consent of no other person is required.  

V. EMPLOYEES

A. The school district shall establish a drug-free awareness and prevention program to inform employees, students and others about:

1. The dangers of drug abuse in the workplace/school.

2. The school district's policy of maintaining a drug-free workplace.


3. Available drug counseling, rehabilitation, assistance programs.

4. The penalties that may be imposed on employees for drug abuse violations.

B. The school district shall notify any federal granting agency required to be notified under the Drug-Free Workplace Act within ten (10) days after receiving notice from the employee or otherwise receiving actual notice of any criminal drug statute conviction occurring in the workplace. 
 
 
Legal References:
Minn. Stat. 121A.25-121A.29 (Chemical Abuse)
Minn. Stat. 121A.40-121A.56 (Pupil Fair Dismissal Act)

Minn. Stat. § 121A.61 (Discipline and Removal of Students from Class)

Minn. Stat. § 124D.695 (Approved Recovery Program Funding)

Minn. Stat. § 126C.44 (Safe Schools Levy)
Minn. Stat. 138.163 (Preservation and Disposal of Public Records)

Minn. Stat. 144.343 (Pregnancy, Venereal Disease, Alcohol or Drug Abuse, Abortion)

Minn. Stat. § 152.01 (Definitions)

Minn. Stat. § 152.02 (Schedules of Controlled Substances; Administration of Chapter)
Minn. Stat. 152.22 (Medical Cannabis; Definition)

Minn. Stat. 152.23 (Medical Cannabis; Limitations)

Minn. Stat. § 299A.33 (DARE Program)
Minn. Stat. § 466.07, subd. 1 (Indemnification Required)

Minn. Stat. § 609.101, subd. 3(e) (Controlled Substance Offenses; Minimum Fines)
20 U.S.C. 1232g (Family Educational Rights and Privacy Act)

20 U.S.C. 7101-7122 ( Student Support and Academic Enrichment Grants)

20 U.S.C. § 5812 (National Education Goals)

20 U.S.C. § 7175 (Local Activities)

41 U.S.C. 8101-8106 (Drug-Free Workplace Act)
34 C.F.R. Part 84 (Government-wide Requirements for Drug-Free Workplace)
 
Cross References:
Moorhead School Board Policy 421: Employee Drug and Alcohol Testing
Moorhead School Board Policy 504: Protection and Privacy of Student Records
Moorhead School Board Policy 551: Student Discipline
Moorhead School Board Policy 553: Crisis Intervention and Student Support
Moorhead School Board Policy 572: Drug-Free Workplace/Drug-Free School
Moorhead School Board Policy 573: Tobacco-Free Environment
Moorhead School Board Policy 574: Search of Student Lockers, Desks, Personal Possessions, and Students Person
Moorhead School Board Policy 575: Student Use and Parking of Motor Vehicles, Patrols, Inspections and Searches
MSBA/MASE Model Policy 417 (Chemical Use and Abuse)
MSBA/MASA Model Policy 403 (Discipline, Suspension, and Dismissal of School District Employees)
MSBA/MASA Model Policy 416 (Drug and Alcohol Testing) 
MSBA/MASA Model Policy 418 (Drug-Free Workplace/Drug Free School) 
MSBA/MASA Model Policy 502 (Search of Student Lockers, Desks, Personal Possessions, and Student’s Person)
MSBA/MASA Model Policy 506 (Student Discipline) 
MSBA/MASA Model Policy 515 (Protection and Privacy of Pupil Records) 
MSBA/MASA Model Policy 527 (Student Use and Parking of Motor Vehicles; Patrols, Inspections, and Searches)
 
 

 

Class Size in Grades K-6
Type: Administrative Procedure
Section: 500 STUDENTS
Code: 536.3
Adopted Date: 1/8/1990
Revised Date(s): 02/07/1997
Reviewed Date(s): 01/06/1992, 02/05/1996, 02/07/1997, 05/14/2018
Attachments:

In attempt to administer Board policy as it relates to class size, the administration of ISD #152 shall utilize the following:

Grade grouping: Target average class size

Kindergarten: 22
Grade 1: 23
Grades 2-3: 25
Grades 4: 27

Grade grouping: Size at which transporting, an added class, or pursuing other alternatives will be considered during the school year.

Kindergarten: 24
Grade 1: 25
Grades 2-3: 27
Grades 4: 29
Grades 5-6: 30

Self-contained, special education students who are in the regular classroom for more than half their day are considered to be in the regular education classroom count (over 1.25 hours for kindergarten and 3 hours for grades 1-6).

In grades 7-12, and in situations relating to special education, principals shall not assign staff with class loads beyond those established by Minnesota statutes or Board of Education policy.

Consideration of the possibility of moving an entire family will be reviewed in cases when this policy is administered.

When considering boundary exception requests, the following will apply:

1. Up to the first day of school, boundary exceptions will not be approved when class size exceeds target class size minus two, (e.g. when kindergarten exceeds 20, grade 1-21, grades 2&3-23 and grade 4-25).

2. Beginning the first day of school, boundary exceptions will be considered as long as the target class size has not been exceeded.

Cross Reference:
Moorhead School Board Policy 536: Boundary Exception Request

Communicable Disease Control and Infectious Conditions
Type: School Board Policy
Section: 400 EMPLOYEES/PERSONNEL
Code: 420
Adopted Date: 4/22/1988
Revised Date(s): 10/13/2008, 05/13/2013, 12/14/2015, 12/12/2016, 12/11/2019, 12/13/2022
Reviewed Date(s): 05/01/1990, 01/11/1994, 01/12/1998, 07/05/2001, 04/11/2005, 11/26/2007, 10/13/2008, 05/13/2013, 12/14/2015, 12/12/2016, 11/11/2019, 12/11/2019, 11/18/2022, 12/13/2022
Attachments:

I. PURPOSE

The purpose of this policy is to ensure adherence to Minnesota statutes regarding those issues related to communicable disease control and infectious conditions, including but not limited to, data privacy, right to know, immunization, prevention, disability nondiscrimination and reporting requirements.

II. GENERAL STATEMENT

Moorhead Area Public Schools reflect public concern that students and staff of the school district be able to attend schools of the district without becoming infected with serious communicable diseases or infectious conditions while respecting the rights of all students, employees, and contractors, including those who are infected. 
 
A. Students
 
The policy of the Moorhead School Board is that students with communicable diseases not be excluded from attending school in their usual daily attendance setting so long as their health permits and their attendance does not create a significant risk of the transmission of illness to students or employees of the school district. A procedure for minimizing interruptions to learning from communicable or chronic infectious diseases will be established by district health services in consultation with school administrators, and community public and private health care providers. All reportable communicable diseases (Communicable Disease Rule, Chapter 4605 - Minnesota Department of Health) will be reported to the Clay County Public Health Department. The Moorhead Area Public Schools will work cooperatively with the Clay County Public Health Department to enforce and adhere to Minnesota statutes for prevention, control and containment of communicable diseases in schools.

B. Employees 
 
The policy of the Moorhead School Board is that employees with communicable diseases not be excluded from attending to their customary employment so long as they are physically, mentally and emotionally able to safely perform tasks assigned to them and so long as their employment does not create a significant risk of the transmission of illness to students, employees, or others in the school district.  If a reasonable accommodation will eliminate the significant risk of transmission, such accommodation will be undertaken unless it poses an undue hardship to the school district. 
 
C. Circumstances and Conditions

1. Determination of whether a contagious individual's school attendance or job performance creates a significant risk of the transmission of the illness to students or employees of the school district will be made on a case-by-case basis.  Such decisions will be based upon the nature of the risk (how it is transmitted), the duration of the risk (how long the carrier is infectious), the severity of the risk (what is the potential harm to third parties) and the probabilities the disease will be transmitted and will cause varying degrees of harm. When a student is disabled, such a determination will be made in consultation with the educational planning team.

2. The school board recognizes that some students and some employees, because of special circumstances and conditions, may pose greater risks for the transmission of infectious conditions than other persons infected with the same illness. Examples include students who display biting behaviors, students or employees who are unable to control their bodily fluids, who have oozing skin lesions or who have severe disorders which result in spontaneous external bleeding. These conditions need to be taken into account and considered in assessing the risk of transmission of the disease and the resulting effect upon the educational program of the student or employment of the employee by consulting with the Commissioner of Health, the physician of the student or employee, and the parent(s)/ guardian(s) of the student. 

D. Students with Special Circumstances and Conditions
 
1. Health services, along with the infected individual's medical provider, the infected individual or parent(s)/guardian(s), and others, if appropriate, will weigh risks and benefits to the student and to others, consider the least restrictive appropriate educational placement, and arrange for periodic reevaluation as deemed necessary by the state epidemiologist. The risks to the student shall be determined by the medical provider.

E. Extracurricular Student Participation

Student or employee participation in extracurricular and noneducational programs of the school district are subject to a requirement of equal access and comparable services.

F. Precautions

The school district will develop routine procedures for infection control at school and for educating employees about these precautions. The procedures shall be developed through cooperation with health professionals taking into consideration any guidelines of the Minnesota Department of Education and the Minnesota Department of Health. (These precautionary procedures shall be consistent with the school district's procedures regarding blood-borne pathogens developed pursuant to the school district's employee right-to-know policy). See Administrative Procedure 425.1.

G. Information Sharing

1. Employee and student health information shall be shared within the school district only with those whose jobs require such information and with those who have a legitimate educational interest (including health and safety) in such information and shall be shared only to the extent required to accomplish legitimate educational goals and to comply with employees' right to know requirements. 

2. Employee and student health data shall be shared outside the school district only in accordance with state and federal law and with the school district's policies on employee and student records and data.

H.  Reporting

If a medical condition of a student or staff threatens public health, it must be reported to the Commissioner of Health.

I. Prevention

Moorhead Area Public Schools shall, with the assistance of the Commissioners of Health and Education, implement a program to prevent and reduce the risk of sexually transmitted diseases in accordance with Minnesota Statutes section 121A.23 which includes:

1. Planning materials, guidelines, and other technically accurate and updated information.

2. A comprehensive, developmentally appropriate, technically accurate, and updated curriculum that includes helping students to abstain from sexual activity until marriage.

3. Cooperation and coordination among school districts and service cooperatives.

4. A targeting of adolescents, especially those who may be at high risk of contracting sexually transmitted diseases and infections, for prevention efforts.

5. Involvement of parents and other community members.

6. In-service training for appropriate school district staff and School Board members.

7. Collaboration with state agencies and organizations having a sexually transmitted infection and disease prevention or sexually transmitted infection and disease risk reduction program.

8. Collaboration with local community health services, agencies, and organizations having a sexually transmitted infection and disease risk reduction program; and

9. Participation by state and local student organizations.

10. The program must be consistent with the health and wellness curriculum.

11. The school district may accept funds for sexually transmitted infection and disease prevention programs developed and implemented under this section from public and private sources, including public health funding and foundations, department professional development funds, federal block grants or their federal or state grants.

J. Vaccination and Screening

The school district will develop procedures regarding the administration of Hepatitis B vaccinations and Tuberculosis screening in keeping with current state and federal law. The procedures shall provide that the Hepatitis B vaccination services be offered to all who have occupational exposure at no cost to the employee.

 
Legal References: 
Minn. Stat. 13.32 (Educational Data)
Minn. Stat. 13.43 (Personnel Data)
Minn. Stat. 121A.23 (Health-Related Programs)
Minn. Stat. Chapter 363A (Minnesota Human Rights Act)
Minn. Stat. 144.441-422 (Tuberculosis)
20 U.S.C. 1400 et seq. (Individuals with Disabilities Education Improvement Act of 2004) 
29 U.S.C. 794 et seq. (Rehabilitation Act of 1973, Section 504)
29 C.F.R. 1910.1030 (Occupational Exposure to Bloodborne Pathogens) 
42 U.S.C. 12101 et seq. (Americans with Disabilities Act) 
Kohl by Kohl v. Woodhaven Learning Center, 865 F.2d 930 (8th Cir.), cert. denied, 493 U.S. 892, 110 S.Ct. 239 (1989) 
School Board of Nassau County Fla v. Arline, 480 U.S. 273, 107 S.Ct. 1123 (1987)
16 EHLR 712, OCR Staff Memo, April 5, 1990
Public Law 104-191 (Health Insurance Portability and Accountability Act of 1996)
 
Cross References: 
Moorhead School Board Policy 102:  State and Federal Law Prohibiting Discrimination
Moorhead School Board Policy 303:  Public Right to Know/Release of Information
Moorhead School Board Policy 424:  Employee Right to Know-Exposure to Hazardous Substances
Moorhead School Board Policy 425:  Health and Safety Protection
Moorhead School Board Policy 501:  Equal Educational Opportunity
Moorhead School Board Policy 504:  Protection and Privacy of Student Records
Moorhead School Board Policy 530:  Student Immunization Requirements
MSBA/MASA Model Policy 420 (Students and Employees with Sexually Transmitted Infections and Diseases and Certain Other Communicable Diseases and Infectious Conditions)
Community Education
Type: School Board Policy
Section: 900 SCHOOL DISTRICT - COMMUNITY RELATIONS
Code: 901
Adopted Date: 8/11/2003
Revised Date(s): 11/26/2007, 12/12/2011, 02/16/2022
Reviewed Date(s): 11/26/2007, 12/12/2011, 02/08/2016, 05/02/2019, 01/18/2022
Attachments:

I. PURPOSE

The purpose of this policy is to convey to employees and to the general public the role of Community Education within Moorhead Area Public Schools.

II. GENERAL STATEMENT

The Moorhead School Board affirms a strong commitment to the community through the school district's Community Education program. The School Board strongly encourages the use of school buildings and activity areas by the community when not used for regularly scheduled elementary and secondary programs. District administration should strive to accomplish the following objectives:

A. Community resources and expertise of residents should be utilized to develop a vibrant, well-rounded Community Education program.

B. Area residents should be encouraged to actively participate in program opportunities.

C. Educational needs and interests of area residents should be determined periodically.

D. Maximum use should be made of public school facilities within the school district service area.

III. COMMUNITY EDUCATION ADVISORY COUNCIL
 
A. The council shall assist in promoting the goals and objectives of the program.
 
B. The membership of the Community Education Advisory Council will generally consist of members who represent the following: various service organizations; churches; public and nonpublic schools; local governments including elected officials; public and private nonprofit agencies serving youth and families; parents; youth; park, recreation or forestry services of municipal or local government units located in whole or in part within the boundaries of the school district; and any other groups participating in the Community Education program in the school district.
 
C. Bylaws of the Community Education Advisory Council shall provide the framework for the organization including criteria pertaining to membership, officers' duties, frequency and structure of meetings, and such other matters as deemed necessary and appropriate.
 
D. The council will adopt a policy to reduce and eliminate program duplication within the school district.

Refer to Administrative Procedures 901.1 and 901.2.

Legal References:
Minn. Stat. 123B.51 (Schoolhouses and Sites; Access for Noncurricular Purposes)
Minn. Stat. 124D.19, Subd. 1 (Community Education Programs; Advisory Council)
Minn. Stat. 124D.20, Subd. 1 (Community Education Revenue)

Cross References:
Moorhead School Board Policy 904: Community Use of School Facilities and Equipment
Moorhead School Board Policy 237: Community Education Advisory Council
Community Education Activity and Course Proposals
Type: Administrative Procedure
Section: 900 SCHOOL DISTRICT - COMMUNITY RELATIONS
Code: 901.1
Adopted Date: 9/9/1982
Revised Date(s): 11/02/2007, 01/23/2012
Reviewed Date(s): 12/01/1990, 11/02/2007, 01/23/2012, 02/08/2016
Attachments:

When making administrative decisions regarding Community Education offerings, the following criteria are used:

1. Is the class congruent with Community Education's mission?  The mission of Community Education is to improve the quality of life in our school district by extending learning opportunities to residents of all ages and abilities and by identifying community needs and developing cooperative relationships between school and community to meet those needs.

2. Do we have administrative support for the course offering?
 
3. Do we have resources available to offer the class? Can we make them available?
 
4. What skills does the instructor bring to prepare and deliver course material?
 
5. What methods will be used to deliver course content? Are the available facilities adequate to accommodate those methods?
 
6. Does the class meet our standards for learner needs? Cash flow? Adequate enrollment?
 
7. What are the assessment tools that will be used? How do we use the positive and negative evaluations to enhance our program?
 
8. Would the course be stronger if offered cooperatively with another organization?

In situations where there is ambiguity regarding the appropriateness of the course, the Community Education Director may request submission of  (Administrative Procedure 901.2) and seek direction from the advisory council. Final approval shall rest with the Assistant Superintendent. 

Any private (profit making) proposals may be pursued through rental of space from the school district or other sources.

Community Involvement
Type: School Board Policy
Section: 900 SCHOOL DISTRICT - COMMUNITY RELATIONS
Code: 902
Adopted Date: 9/28/1982
Revised Date(s): 02/09/2009
Reviewed Date(s): 03/11/1992, 02/10/1997, 04/23/2001, 12/13/2004, 02/09/2009, 12/10/2012, 11/09/2015, 05/02/2019, 10/11/2022
Attachments:

l. PURPOSE

The purpose of this policy is to convey to employees and to the general public the importance of community involvement in the Moorhead Area Public Schools.

ll. GENERAL STATEMENT

The Moorhead School Board recognizes that our constituents in the Moorhead area community have talent, training and experience which could be beneficial to our students, staff and instructional programs. Therefore, the School Board encourages the active involvement of parents and other citizens as individuals and as groups in the lives of our young people and in the life of our schools.

This involvement may include many alternatives and creative approaches toward the end of encouraging student growth and organizational success.

 
Cross References:
Moorhead School Board Policy 231: Instruction and Curriculum Advisory Committee
Moorhead School Board Policy 901: Family Involvement
Moorhead School Board Policy 903: School District-Community Relations
Community Use of School Facilities and Equipment
Type: School Board Policy
Section: 900 SCHOOL DISTRICT - COMMUNITY RELATIONS
Code: 904
Adopted Date: 10/10/1978
Revised Date(s): 05/11/2009, 06/11/2012, 06/13/2019, 07/15/2020, 12/13/2022
Reviewed Date(s): 05/25/1993, 07/28/2003, 06/13/2005, 05/11/2009, 06/11/2012, 04/11/2016, 06/10/2020, 11/14/2022, 12/13/2022
Attachments:

I. PURPOSE

The purpose of this policy is to provide guidelines for community use of school facilities and equipment.

II. GENERAL STATEMENT

The Moorhead School Board encourages maximum use of school facilities and equipment for appropriate community purposes if, in its judgment, that use does not interfere with the use for school purposes. This includes all district-owned facilities.

To maintain communication within the District and to avoid schedule conflicts, all activities and events scheduled beyond the student day for all spaces shall be scheduled through the  Moorhead Schools Online Reservation System. The exception is the Moorhead Sports Center. The Moorhead Sports Center is operated by the Moorhead Youth Hockey Association (MYHA). Contact MYHA directly to reserve the Moorhead Sports Center.

III. SCHEDULED COMMUNITY EDUCATION CLASSES AND ACTIVITIES

A. The Community Education Enrichment Coordinator and/or designee shall be charged with the process of scheduling rooms and particular areas for community education classes and activities. (Please refer to Administrative Procedures 904.1: Facility and Equipment Use Handbook)
 
B. Procedures for providing publicity, registration, and collection of fees shall be the responsibility of the Community Education Enrichment Coordinator and/or designee.
 
C. Registration fees may be structured to include a pro-rata portion of costs for custodial services.
 
D. On-site summer camps or other summer student enrichment activities designed to enhance co-curricular or extra-curricular programs of Moorhead Area Public Schools shall be organized through Community Education.
 
IV. GENERAL COMMUNITY USE OF SCHOOL FACILITIES
 
A. Request for the use of school facilities by community groups or individuals shall be made through the Moorhead Schools Online Reservation System. The fee may include the cost of custodial, technology, and supervisory staff if deemed necessary. Refer to the Facility and Equipment Use Handbook. The rental fee schedule and payment policy shall be reviewed and approved by the School Board.
 
B. When emergencies or unusual circumstances arise that necessitate rescheduling the use of school facilities, every reasonable effort will be made to find an acceptable alternative meeting space.
 
V. USE OF SCHOOL EQUIPMENT
 
Facility and Equipment Use Handbook outlines the type of equipment available for community use, the extent to which it may be utilized, the manner by which it may be scheduled for use, and any charge to be made thereto. 
 
VI. LIABILITY AND INSURANCE
 
The School Board expects members of the community who use facilities and equipment to do so with respect for school district property and an understanding of proper use. Individuals and groups shall be responsible for any damage to facilities and equipment. A certificate of insurance may be required by the school district to ensure payment for these damages and any liability for injuries.
 
A. All groups using school facilities are required to assume full responsibility for personal injury to any participants or spectators related to their activity.
 
B. The organization making use of District facilities shall agree to indemnify the District for any and all damage to the school or to other property by any person or persons attending the activity.
 
C. Groups and organizations are required to submit a certificate of insurance or endorsement for a general liability policy with $1,000,000 per occurrence and $1,000,000 annual aggregate, naming District #152 as the additional insured before a Building Use Permit is issued. The District carries no liability insurance protecting organizations engaged in non-school activities.
 
VII. NONDISCRIMINATION
 
Pursuant to state and federal laws, activities sponsored by individuals, agencies, organizations, or groups and conducted in District school facilities, whether under contract or by any other arrangement, shall not discriminate against any person on the basis of sex, race, creed, religion, color, national origin, age, marital status, sexual orientation, economic status or disability.
 
 
Legal References:
Minn. Stat. 123B.51 (School Houses and Sites; Access for Noncurricular Purposes)
20 U.S.C. 4071-74 (Equal Access Act)
 
Cross References:
Moorhead School Board Policy 576: Moorhead Area Public School District Weapons Policy
Moorhead School Board Policy 702: Equal Access to Moorhead Area Public Schools Facilities
Moorhead School Board Policy 903: School District - Community Relations
Moorhead School Board Policy 930: Community Education
Minnetonka Public Schools Policy 902: Use of School District Facilities and Equipment
Comparable Worth/Pay Equity Review Process
Type: Administrative Procedure
Section: 400 EMPLOYEES/PERSONNEL
Code: 403.1
Adopted Date: 3/23/1989
Revised Date(s): 05/23/2006, 11/13/2009, 12/14/2009, 04/14/2014, 03/11/2016, 04/10/2017
Reviewed Date(s): 11/01/1994, 02/07/1997, 03/10/2000, 11/10/2001, 05/13/2002, 09/16/2003, 03/17/2006, 05/23/2006, 12/14/2009, 04/14/2014, 04/10/2017
Attachments:

I.  Timelines

A. New job descriptions will be reviewed and evaluated as they are developed.

B. Existing job descriptions may be reviewed and evaluated annually if requested. The deadline for submission will be March 15th of each year.

II.  Review Process

A. New and revised job descriptions will be developed and reviewed by the supervisor and the employee(s) affected to ensure that the description accurately reflects the position. Revised job descriptions must change substantially from the original job description to reflect increased levels of responsibility or scope of position in order to be submitted to the next level for review. Adding tasks at the same level of responsibility and scope will not warrant a review.

B. The supervisor will send new and/or revised job descriptions to the next level in the organization for review. When all appropriate supervisors have signed off that the job description is accurate it is sent to the Executive Director of Human Resources for submission to the school district's pay equity consultant for formal review and recommendation for placement on the proper band and grade reflected by the job description.

C. Upon receiving the recommendation on the band and grade placement from the consultant, the Executive Director of Human Resources will take the results to the Comparable Worth Committee for final approval. The Executive Director of Human Resources will inform the employee, supervisor and building administrator/department head of the decision of the Comparable Worth Committee to either approve or disapprove the change.

III. Effective Date of Pay Changes

A. New job descriptions which have been approved will be paid at the approved band and grade on the first payday following approval for any affected employees.

B. Revised job descriptions may be subject to either pay increases or pay freezes, depending on the final placement on the approved band and grade. Salary adjustments will occur as follows:

1. Salary increases resulting from the review of a singular job description will go into effect on the first payday following final approval.

2. Salary increases resulting from a district initiated study of multiple job descriptions will go into effect on the first payday following the beginning of the next fiscal year. 

3. If a job description placement reflects a lower band and grade, the placement is done in accordance with the direction of the Comparable Worth Committee.

4. If a job description placement reflects a higher band and grade, the placement will be done in accordance with the Master Agreement. If the Master Agreement does not define placement, placement will be completed by moving the employee to that lane and the step representing an increase in pay plus one (1) additional step.
 
5. Any changes subject to the negotiation process will not go into effect until that process has been completed.
 
IV.  Comparable Worth Committee Membership

The Comparable Worth Committee will consist of the following members:

1. Superintendent

2. Assistant Superintendent of Business and Administrative Services

3. Executive Director of Human Resources


Legal References:
Minn. Stat. 471.991 (Definitions)
Minn. Stat. 471.992 (Equitable Compensation Relationships)
Minn. Stat. 471.993 (Compensation Relationships of Positions)
Minn. Stat. 471.994 (Job Evaluation System)
Minn. Stat. 471.9966 (Effect on Other Law)

Comparable Worth/Pay Equity Review Process
Type: School Board Policy
Section: 400 EMPLOYEES/PERSONNEL
Code: 403
Adopted Date: 2/11/2002
Revised Date(s): 04/10/2006, 12/14/2009, 04/10/2017, 04/21/2020, 05/12/2020, 12/13/2022
Reviewed Date(s): 04/10/2006, 12/14/2009, 04/14/2014, 04/10/2017, 04/21/2020, 11/15/2022, 12/13/2022
Attachments:
 
I. PURPOSE
 
The purpose of this policy is to define the process to implement and maintain a procedure that will assure the integrity of a job evaluation system to achieve the requirements of pay equity and equitable compensation relationships with the school district as required by Minnesota law. 

II. GENERAL STATEMENT

The intent of the state of Minnesota comparable worth legislation is to equalize the pay of female and male-dominated jobs at equal levels of responsibility and authority in the organization through the development of local norms. The Moorhead Area Public Schools will establish procedures to evaluate all new job descriptions and all existing job descriptions which experience a substantial change in order to meet the requirements of pay equity and equitable compensation relationships with the school district as required by Minnesota law.

III. PROCEDURES

The Comparable Worth Committee will ensure that the policy of the School Board is followed and that the Moorhead Area Public Schools will remain in compliance with the laws of the State of Minnesota in regard to pay equity and equitable compensation relationships.  (Refer to Administrative Procedure 403.1.)


Legal References:
Minn. Stat. 471.991 (Definitions)
Minn. Stat. 471.992 (Equitable Compensation Relationships)
Minn. Stat. 471.993 (Compensation Relationships of Positions)
Minn. Stat. 471.994 (Job Evaluation System)
Complimentary Athletic Season Passes/Single Event Passes
Type: School Board Policy
Section: 700 NON-INSTRUCTIONAL OPERATIONS AND BUSINESS SERVICES
Code: 731
Adopted Date: 3/31/1995
Revised Date(s): 06/11/2007, 04/11/2011, 09/11/2019, 10/15/2019, 07/22/2022
Reviewed Date(s): 08/12/2002, 06/11/2007, 04/11/2011, 06/12/2017, 09/11/2019, 06/21/2022, 07/22/2022
Attachments:

I. PURPOSE

The purpose of the policy is to provide guidance on the distribution of complimentary passes.

II. GENERAL STATEMENT

In order to encourage staff attendance at athletic activities and to acknowledge the contributions of community members, Moorhead Area Public Schools has established the following criteria for issuing complimentary athletic passes/single event passes.

III. SEASON PASSES

Moorhead Area Public School District staff and School Board members will be provided complimentary passes for regular-season home athletic events. Yearly employment shall be verified through the Human Resource Department at the beginning of the school year.

A. Staff photo identification (ID) cards would be required for admittance to any regular season contest. ID cards are nontransferable. Any district staff member with a current Moorhead photo ID would be admitted.

B. Complimentary passes do not provide admittance to post-season contests or non-athletic events.

C. If a school employee wishes to include a spouse on the season pass at a reduced rate, the employee must contact the Activities Office.

D. Residents of the school district who are 65 years of age or older will be given a Senior Citizen pass upon request. Requests must be made in person at the Activities Office and identification will be required. The pass is limited to regular-season home athletic events (non-tournaments).

E. The Activities Office may provide complimentary season passes to media representatives covering Moorhead contests.

F. The Activities Office may provide a limited number of season passes for those individuals providing supportive services. A list of those receiving season passes will be maintained in the Activities Office.

IV. SINGLE EVENT PASSES

A. The Activities Office may designate a game as Youth Night where students attending Moorhead Area Public Schools may be admitted to a game at no charge. The Activities Office will coordinate the criteria for admittance.

B. The Activities Office may provide a limited number of single-event passes for those individuals providing supportive services. A list of those receiving single event passes will be maintained in the Activities Office.

Corporal Punishment and Prone Restraint
Type: School Board Policy
Section: 500 STUDENTS
Code: 507
Adopted Date: 2/11/2002
Revised Date(s): 04/10/2006, 12/14/2009, 04/14/2014, 03/19/2020, 10/24/2023
Reviewed Date(s): 04/10/2006, 12/14/2009, 04/14/2014, 05/08/2017, 03/19/2020, 04/11/2023, 10/24/2023
Attachments:

I. PURPOSE

The purpose of this policy is to describe limitations on corporal punishment and prone restraint upon a students.

II. GENERAL STATEMENT

No employee or agent of the Moorhead Area Public Schools shall inflict corporal punishment or use prone restraint upon a student except as provided below.

III. DEFINITIONS 

1. “Corporal punishment" means conduct involving: 

  1. hitting or spanking a person with or without an object; or  
  1. unreasonable physical force that causes bodily harm or substantial emotional harm. 

2. “Prone restraint” means placing a child in a face-down position. 

IV. PROHIBITIONS 

1. An employee or agent of a district shall not inflict corporal punishment or cause corporal punishment to be inflicted upon a pupil to reform unacceptable conduct or as a penalty for unacceptable conduct. 

2. An employee or agent of a district, including a school resource officer, security personnel, or police officer contracted with a district, shall not use prone or compressive restraint except that the restrictions on prone and compressive restraints do not apply under the circumstances enumerated in Minnesota Statutes, section 609.06, subdivision 1(1).  All peace officers, including those who are school resource officers or otherwise agents of a school district, may use force as reasonably necessary to carry out official duties, including, but not limited to, making arrests and enforcing orders of the court. 

3. An employee or agent of a district, including a school resource officer, security personnel, or police officer contracted with a district, shall not inflict any form of physical holding that restricts or impairs a pupil's ability to breathe; restricts or impairs a pupil's ability to communicate distress; places pressure or weight on a pupil's head, throat, neck, chest, lungs, sternum, diaphragm, back, or abdomen; or results in straddling a pupil's torso. 

4. Conduct that violates this Article is not a crime under Minnesota Statutes, section 645.241, but may be a crime under Minnesota Statutes, chapter 609 if the conduct violates a provision of Minnesota Statutes, chapter 609. Conduct that violates IV.1 above is not per se corporal punishment under the statute. Nothing in this Minnesota Statutes, section 121A.58 or 125A.0941 precludes the use of reasonable force under Minnesota Statutes, section 121A.582. 

V. EXCEPTIONS

A teacher, building administrator, and other school staff may use reasonable force when it is necessary under the circumstances  set forth in Policy 506 (Student Discipline)

VI. VIOLATION

Employees who violate the provisions of this policy shall be subject to disciplinary action as appropriate. Any such disciplinary action shall be made pursuant to and in accordance with applicable statutory authority, collective bargaining agreements, and school district policies. Violation of this policy may also result in civil or criminal liability for the employee.
 


Legal References:
Minn. Stat. 123B.25 (Actions Against Districts and Teachers)
Minn. Stat. 121A.58 (Corporal Punishment)
Minn. Stat. 121A.582 (Student Discipline; Reasonable Force)
Minn. Stat. 609.06, Subd. 1 (6)(7) (Authorized Use of Force)
Op. Atty. Gen. 169f (August 22, 2023) (School Pupils: Discipline)
Op. Atty. Gen. 169f Supp. (September 20, 2023) (School Pupils: Discipline)

 


Cross References:
Moorhead School Board Policy 506: Student Discipline
Moorhead School Board Policy 413: Prohibition of Harassment and Violence
Moorhead School Board Policy 501: Moorhead Area Public School District Weapons Policy
MSBA/MASA Model Policy 507 (Corporal Punishment)
MSBA/MASA Model Policy 403 (Discipline, Suspension, and Dismissal of School District Employees)
MSBA/MASA Model Policy 414 (Mandated Reporting of Child Neglect or Physical or Sexual Abuse)
MSBA/MASA Model Policy 415 (Mandated Reporting of Maltreatment of Vulnerable Adults)
MSBA/MASA Model Policy 506 (Student Discipline)

 

 
Course Credit by Assessment: Application for Testing Out of a Course
Type: Administrative Procedure
Section: 600 EDUCATION PROGRAMS
Code: 620.1
Adopted Date: 3/6/2006
Revised Date(s): 05/13/2008, 11/12/2013
Reviewed Date(s): 05/13/2008, 11/12/2013, 06/12/2017
Attachments:

Adm Procedure

Credit Card Usage and Electronic Funds Transfer
Type: School Board Policy
Section: 700 NON-INSTRUCTIONAL OPERATIONS AND BUSINESS SERVICES
Code: 716
Adopted Date: 3/8/2010
Revised Date(s): 12/09/2013, 07/15/2020
Reviewed Date(s): 12/09/2013, 05/08/2017, 06/10/2020, 06/16/2020, 02/14/2023
Attachments:
 
I. PURPOSE
 
The purpose of this policy is to ensure the proper usage of credit cards and electronic funds transfers.
 
II. GENERAL STATEMENT
 
Credit cards and electronic funds transfer are only to be used in accordance with current industry standards and follow recommendations made by the district's auditors and the Office of the State Auditor.
 
III. DEFINITIONS
 
Electronic Funds Transfers - Any transfer of funds that is initiated by electronic means.
 
IV. CREDIT CARD USAGE
 
A. Purchases made with a credit card must be consistent with state law and the Office of the State Auditor.
 
B. The Moorhead School Board shall authorize the Superintendent to identify annually the employees and officers who are authorized to make purchases on behalf of the Moorhead Area Public Schools.
 
C. Credit card limits are based on the position of the authorized user. Any authorized employee who desires to use a credit card to make a purchase greater than this amount must seek approval from the Superintendent or the Superintendent's designee. 
 
D. The authority to use credit cards does not authorize the creation of a new form of debt for the district; credit cards are to be considered another form of authorized payment. Credit card charges shall be paid off on a monthly basis.
 
E. Purchases shall be limited to small purchases that are incurred in the regular course of business and for business travel expenses incurred by authorized credit card users. Travel expenses shall include meals, lodging, conference registration, transportation, and parking.
 
F. All receipts and other supporting documents must be turned in to the district's business office in a timely manner for review, authorization, and documentation. Itemized receipts are required for substantiation of credit card usage.
 
G. The purchase of nonbusiness-related and/or personal items and services is prohibited. If the district does not authorize the credit card purchase, the officer or employee who made the purchase becomes personally liable for the amount of purchase.
 
H. The purchase of alcoholic beverages and tobacco is prohibited.

V. ELECTRONIC FUNDS TRANSFER
 
A. The School Board shall authorize the Superintendent to delegate annually authority to make electronic funds transfers.
 
B. The School Board shall approve the opening and closing of accounts.
 
C. The School Board shall annually authorize the Superintendent or designee to invest in passbook savings, money-market savings, certificates of deposit, Minnesota School District Liquid Asset Fund, and other legal investments as recommended for school district funds as needed for the operation of school district business.
 
D. The district shall require any disbursing bank to keep a certified copy of the delegation of authority.
 
E. The disbursing bank and the school district must identify the initiator of each electronic transfer.
 
F. Prior to any electronic funds transfer, the initiator shall document the request and obtain approval for each transaction from the Superintendent or designee.
 
G. Written confirmation of each electronic funds transfer shall be available within one business day of each transaction.
 
H. A list of all electronic funds transfers shall be submitted to the School Board at the next regular board meeting following the transfer.
 
 
Cross Reference:
Minnesota Office of the State Auditor Statement of Position on Credit Card Use and Policies, March 2011
Credit for Learning
Type: School Board Policy
Section: 600 EDUCATION PROGRAMS
Code: 620
Adopted Date: 8/26/2002
Revised Date(s): 05/12/2008, 06/14/2010, 11/12/2013, 06/12/2017, 03/19/2020, 04/11/2023, 08/29/2023, 12/12/2023
Reviewed Date(s): 06/14/2004, 05/09/2005, 05/12/2008, 06/14/2010, 11/12/2013, 06/12/2017, 03/19/2020, 04/11/2023, 08/29/2023, 12/12/2023
Attachments:

I. PURPOSE

The purpose of this policy is to recognize student achievement, which occurs in Post-Secondary Enrollment Options and other advanced enrichment programs. This policy also recognizes student achievement that occurs in other schools, in alternative learning sites, and in out-of-school experiences such as community organizations, work-based learning, and other educational activities and opportunities.  This policy addresses transfer of student credit from out-of-state, private, or home schools and online learning programs and to address how the school district will recognize student achievement obtained outside of the school district.

II. GENERAL STATEMENT

It is the policy of Moorhead Area Public Schools to provide processes and procedures for awarding students credit toward graduation requirements for credits and grades students complete in other schools, post-secondary or higher education institutions, and online courses and programs

III.  DEFINITIONS

A. “Accredited School” means a school that is accredited by an accrediting agency, recognized according to Minnesota Statutes section 123B.445 or recognized by the Commissioner of the Minnesota Department of Education (MDE).
 
B. "Concurrent enrollment" means nonsectarian courses in which an eligible pupil under Minnesota Statutes section 124D.095, subdivision 5 or 5b enrolls to earn both secondary and postsecondary credits, are taught by a secondary teacher or a postsecondary faculty member, and are offered at a high school for which the district is eligible to receive concurrent enrollment program aid under Minnesota Statutes, section 124D.091.
 
C. “Course” means a course or program.
 
D. “Eligible Institution” means a Minnesota public post-secondary institution, a private, nonprofit two-year trade and technical school granting associate degrees, an opportunities industrialization center accredited by an accreditor recognized by the United States Department of Education, or a private, residential, two-year or four-year, liberal arts, degree-granting college or university located in Minnesota. An eligible institution must not require a faith statement from a secondary student seeking to enroll in a postsecondary course under this section during the application process or base any part of the admission decision on a student's race, creed, ethnicity, disability, gender, or sexual orientation or religious beliefs or affiliations.
 
E. “Nonpublic School” is a private school or home school in which a child is provided instruction in compliance with the Minnesota compulsory attendance laws.
 
F. “Weighted grade” is a letter or numerical grade that is assigned a numerical advantage when calculating the grade point average.
 
IV. TRANSFER OF CREDIT FROM OTHER SCHOOLS
 
A. Transfer of Academic Requirements from Other Minnesota Public Secondary Schools
  1. The school district will accept and transfer secondary credits and grades awarded to a student from another Minnesota public secondary school upon presentation of a certified transcript from the transferring public secondary school evidencing the course taken and the grade and credit awarded.
  2. Credits and grades awarded from another Minnesota public secondary school may be used to compute honor roll and/or class rank if a student has earned at least five (5) credits towards graduation from the Moorhead Area Public Schools.
B. Transfer of Academic Requirements from Other Schools
  1. The school district will accept secondary credits and grades awarded to a student for courses successfully completed at a public school outside of Minnesota or an accredited nonpublic school upon presentation of a certified transcript from the transferring public school in another state or nonpublic school evidencing the course taken and the grade and credit awarded.
    1. When a determination is made that the content of the course aligns directly with school district graduation requirements, the student will be awarded commensurate credits and grades.
    2. Commensurate credits and grades awarded from an accredited nonpublic school or public school in another state may be used to compute honor roll and/or class rank if a student has earned at least five (5) credits towards graduation from the Moorhead Area Public Schools.
    3. In the event the content of a course taken at an accredited nonpublic school or public school in another state does not fully align with the content of the Moorhead Area Public Schools high school graduation requirements but is comparable to elective credits offered by the Moorhead Area Public Schools for graduation, the student may be provided elective credit applied toward graduation requirements. Credit that does not fully align with the school district’s high school graduation requirements will not be used to compute honor roll and/or class rank.
    4. If no comparable course is offered by the Moorhead Area Public Schools for which high school graduation credit would be provided, no credit will be provided to the student.
  2. Students transferring from a non-accredited, nonpublic school shall receive credit from the Moorhead Area Public Schools upon presentation of a transcript or other documentation evidencing the course taken and grade and credit awarded.
    1. Students will be required to provide copies of course descriptions, syllabi, or work samples for determination of appropriate credit.  In addition, students also may be asked to provide interviews/conferences with the student and/or student’s parent and/or former administrator or teacher; review of a record of the student’s entire curriculum at the nonpublic school; and review of the student’s complete record of academic achievement.
    2. Where the Moorhead Area Public Schools determines that a course completed by a student at a non-accredited, nonpublic school is commensurate with school district graduation requirements, credit shall be awarded, but the grade shall be “P” (pass).
    3. In the event the content of a course taken at an non-accredited, nonpublic school does not fully align with the content of the Moorhead Area Public Schools high school graduation requirements but is comparable to elective credits offered by the Moorhead Area Public Schools for graduation, the student may be provided elective credit applied toward graduation requirements.
    4. If no comparable course is offered by the Moorhead Area Public Schools for which local high school graduation credit would be provided, no credit will be provided to the student.
    5. Credit and grades earned from a non-accredited nonpublic school shall not be used to compute honor roll and/or class rank.
  3. A student must provide the school with a copy of the student’s grades in each course taken for secondary credit under this policy, including interim or nonfinal grades earned during the academic term.
V. POST-SECONDARY ENROLLMENT CREDIT 
 
A. A student who satisfactorily completes a post-secondary enrollment options course or program under Minnesota Statutes section 124D.09 that has been approved as meeting the necessary requirements is not required to complete other requirements of the content standards adopted by the Moorhead Area Public Schools corresponding to that specific rigorous course of study.
 
B. Secondary credits granted to a student through a post-secondary enrollment options course or program that meets or exceeds a graduation standard or requirement shall be counted toward the graduation and credit requirements of a student completing the Minnesota Academic Standards.
  1. Course credit will be considered by the Moorhead Area Public Schools only upon presentation of a certified transcript from an eligible institution evidencing the course taken and the grade and credit awarded.
  2. Seven quarter or four-semester post-secondary credits shall equal at least one full year of high school credit per course. Fewer post-secondary credits may be prorated.
  3. When a determination is made that the content of the post-secondary course aligns directly with a required course for high school graduation, the commensurate credit and grade will be recorded on the student’s transcript as a course credit applied toward graduation requirements.
  4. In the event the content of the post-secondary course does not fully align with the content of a high school course required for graduation but is comparable to elective credits offered by the Moorhead Area Public Schools for graduation, the Moorhead Area Public Schools may provide elective credit and the grade will be recorded on the student’s transcript as an elective course credit applied toward graduation requirements.
  5. If no comparable course is offered by the Moorhead Area Public Schools for which high school graduation credit would be provided, the Superintendent will notify the Commissioner, who shall determine the number of credits that shall be granted to a student.
  6. When secondary credit is granted for post-secondary credits taken by a student, the Moorhead Area Public Schools will record those credits on the student’s transcript as credits earned at a post-secondary institution.
C. A list of the courses or programs meeting the necessary requirements may be obtained from the Moorhead Area Public Schools.
 
D. By the earlier of (1) three weeks prior to the date by which a student must register for district courses for the following school year, or (2) March 1 of each year, the school district must provide up-to-date information on the district's website and in materials that are distributed to parents and students about the program, including information about enrollment requirements and the ability to earn postsecondary credit to all pupils in grades 8, 9, 10, and 11.
 
VI. CREDIT FOR EMPLOYMENT WITH HEALTH CARE PROVIDERS
 
Consistent with the career and technical pathways program, a student in grade 11 or 12 who is employed by an institutional long-term care or licensed assisted living facility, a home and community-based services and supports provider, a hospital or health system clinic, or a child care center may earn up to two elective credits each year toward graduation under Minnesota Statutes, section 120B.024, subdivision 1, paragraph (a), clause (7), at the discretion of the enrolling school district. A student may earn one elective credit for every 350 hours worked, including hours worked during the summer. A student who is employed by an eligible employer must submit an application, in the form or manner required by the school district, for elective credit to the school district in order to receive elective credit. The school district must verify the hours worked with the employer before awarding elective credit.
 
VII. ADVANCED ACADEMIC CREDIT

A. The Moorhead Area Public Schools will grant academic credit to a student attending an accelerated or advanced academic course offered by a higher education institution or a nonprofit public agency other than the school district.

B. Course credit will be considered only upon official documentation from the higher education institution or nonprofit public agency that the student successfully completed the course attended and passed an examination approved by the Moorhead Area Public Schools.

C. When a determination is made that the content of the advanced academic course aligns directly with a required course for high school graduation, the commensurate credit and grade will be recorded on the student’s transcript as a course credit applied toward graduation requirements.

D. In the event the content of the advanced academic course does not fully align with the content of a high school course required for graduation but is comparable to elective credits offered by the Moorhead Area Public Schools for graduation, the Moorhead Area Public Schools may provide elective credit and the grade will be recorded on the student’s transcript as an elective course credit applied toward graduation requirements.

E. If no comparable course is offered by the Moorhead Area Public Schools for which high school graduation credit would be provided, the Superintendent will notify the Commissioner and request a determination of the number of credits that shall be granted to a student.

 
VIII. WEIGHTED GRADES
 
A. The school district does offers weighted grades for courses that are identified as more rigorous or academically challenging as follows:

AP & HONORS

AP & HONORS

CONCURRENT ENROLLMENT

[ ENGLISH

  Honors English 9

  Honors English 10

  AP English Language and     Composition

  AP English Literature and     Composition

 

  MATH

  Freshman Geometry

  Honors Pre-Calculus

  Honors Trigonometry

  AP Calculus AB

  AP Calculus BC

  AP Statistics

 

 

 

 

SCIENCE

Honors Physical Science

Honors Biology

AP Biology

AP Chemistry

Advanced Chemistry

Physics

 

SOCIAL STUDIES

AP Geography

AP European History

AP Psychology

AP US History

AP Government and Politics - US

AP Government and Politics - Comparative

AP Microeconomics

AP Macroeconomics

College Accounting

College Algebra

College American Government

College Spanish I

College Spanish II

College Writing

College Writing About Literature

College Functions & Trigonometry

Introduction to Public Speaking

 

Any PSEO course

 
B. The school district will update its website prior to the beginning of each school year with a listing of courses for which a student may earn  a weighted grade.
 
IX. PROCESS FOR AWARDING CREDIT

A. The building administrator will be responsible for carrying out the process to award credits and grades pursuant to this policy. The building administrator will notify students in writing of the decision as to how credits and grades will be awarded.

B. A student or the student’s parent/guardian may seek reconsideration of the decision by the building administrator as to credits and/or grades awarded upon request of a student or the student’s parent/guardian if the request is made in writing to the Superintendent within five school days of the date of the building administrator's decision. The request should set forth the credit and/or grade requested and the reason(s) why credit(s)/grade(s) should be provided as requested. Any pertinent documentation in support of the request should be submitted.
 
C. The decision of the Superintendent as to the award of credits or grades shall be a final decision by the Moorhead Area Public Schools and shall not be appealable by the student or student’s parent/guardian except as set forth in Section IX.D. below.
 
D. If a student disputes the number of credits granted by the Moorhead Area Public School District for a particular post-secondary enrollment course or advanced academic credit course, the student may appeal the Moorhead Area Public Schools decision to the Commissioner. The decision of the Commissioner shall be final.
 
E. At any time during the process, the building administrator or Superintendent may ask for course descriptions, syllabi, or work samples from a course where content of the course is in question for purposes of determining alignment with graduation requirements or the number of credits to be granted. Students will not be provided credit until requested documentation is available for review if requested.

X. CREDIT BY ASSESSMENT

A. The Moorhead Area Public Schools will provide students, including those with special needs, with the opportunity to receive credit for standards achieved in extracurricular activities, activities outside of school, previous learning, and community and work experiences.

B. When a student requests recognition of work completed but for which no academic transcript exists, the student shall make application (Administrative Procedures 620.1 and 620.2) to the building administrator.

C. Not more than sixty (60) days after the application is filed, the building administrator shall inform the student and the student's parents/guardians what evidence must be presented to certify the completion of the standard. Evidence of completion might include letters of support and explanation from individuals or organizations who have actually witnessed the student's demonstration of the standard, oral or written tests or interviews, actual performances or demonstrations assessed by school district staff or others knowledgeable in the specifications of the standard, and/or other as appropriate for the individual situation.

D. Upon the building administrator's determination of successful submission of the required evidence, the standard shall be noted on the transcript, and a notation of where and when the standard was completed and verified.

 
Legal References: 
Minn. Stat. 120B.02 (Educational Expectations for Minnesota's Students)
Minn. Stat. 120B.021 (Required Academic Standards) 
Minn. Stat. 120B.11 (School District Process) 
Minn. Stat. 124D.09 (Postsecondary Enrollment Options Act) 

Minn. Stat. § 124D.094 (Online Instruction Act)

Minn. Stat. 120B.14 (Advanced Academic Credit)
Minn. Stat. 123B.02 (General Powers of Independent School Districts)
Minn. Stat. 123B.445 (Nonpublic Education Council)
Minn. Stat. 124D.03, Subd. 9 (Enrollment Options Program)
Minn. Rules Parts 3501.0010-3501.0180 (Graduation Standards - Mathematics and Reading)
Minn. Rules Parts 3501.0200 - 3501.0290 (Graduation Standards - Written Composition)
Minn. Rules Parts 3501.0505-3501.0655 (Academic Standards for Language Arts)
Minn. Rules Parts 3501.0700-3501.0745 (Academic Standards for Mathematics)
Minn. Rules Parts 3501.0800-3501.0815 (Academic Standards for the Arts)
Minn. Rules Parts 3501.0900-3501.0955 (Academic Standards in Science)
Minn. Rules Parts 3501.1200-3501.1210 (Academic Standards for English Language Development)
Minn. Rules Parts 3501.1300-3501.1345 (Academic Standards for Social Studies)

Minn. Rules Parts 3501.1400-3501.1410 (Academic Standards for Physical Education)

 
Cross References:
Moorhead School Board Policy 104: Mission Statement
Moorhead School Board Policy 601: Curriculum and Instruction Goals of Moorhead Area Public Schools
Moorhead School Board Policy 624: Online Learning Options 
Moorhead School Board Policy 613: Moorhead Area Public Schools Graduation Policy
Moorhead School Board Policy 616: School District System Accountability
Moorhead School Board Policy 615: GRAD Testing, Accommodations, Modifications, and Exemptions for IEPs, Section 504 Accommodations and LEP Students
Moorhead School Board Policy 620: Moorhead Area Public Schools State Mandated Testing Plan and Procedure
MSBA/MASA Model Policy 653: Credit for Learning
MSBA/MASA Model Policy 613 (Graduation Requirements)
MSBA/MASA Model Policy 614 (School District Testing Plan and Procedure)
MSBA/MASA Model Policy 615 (Testing Accommodations, Modifications, and Exemptions for IEPs, Section 504 Plans, and LEP Students)
MSBA/MASA Model Policy 616 (School District System Accountability)
MSBA/MASA Model Policy 618 (Assessment of Student Achievement)
MSBA/MASA Model Policy 624 (Online Instruction) 
Crisis Intervention and Student Support
Type: School Board Policy
Section: 500 STUDENTS
Code: 553
Adopted Date: 1/8/1990
Revised Date(s): 02/12/2007, 05/09/2011, 06/08/2015, 02/16/2022
Reviewed Date(s): 12/14/1998, 04/28/2003, 02/12/2007, 05/09/2011, 06/08/2015, 02/11/2019, 01/18/2022
Attachments:

l. PURPOSE

A. The purpose of this policy is to communicate support for at-risk student issues and crisis situations.

ll. GENERAL STATEMENT

Crisis intervention and student support services is a proactive structure through which Moorhead Area Public Schools provides comprehensive education, prevention, intervention, postvention, and referral services to students.

A. Moorhead Area Public Schools acknowledges that staff members encounter students and personnel in crisis resulting from situations such as, but not limited to:

1. serious illness or death of a student, a close relative, or friend of student;
2. serious illness or death of a staff member;
3. suicide or other threats to a student's physical or psychological well-being;
4. harmful chemical involvement;
5. changes in composition of one's family for any reason; and
6. other tragedies that would traumatize school-age children, youth, and staff.

The psychological, emotional, and educational impact of such a crisis can be significant for the individual, family, and school communities.

B. In accordance with Minn. Stat. 144.344 (Emergency Treatment) students will receive necessary treatment for life-threatening physical or mental illness. Moorhead students will have access to school-based professionals including licensed school teachers, counselors, nurses, social workers, and psychologists.

C. When appropriate, these professionals may extend these services to a student's family in order to best meet the needs of the student.

D. Student support services help maintain a safe learning environment and provide instruction, consultation, assessment, support, and resources for students, their families, and staff regarding crisis and at-risk issues.

E. Crisis Response Team Members will follow the Cass-Clay Unified School Response: Emergency Response Flipcharts (CCUSR) in each classroom. Crisis Response Teams may include: Care Teams, Medical Emergency Teams, Security Teams, Building Emergency Response Teams (BERT), and District Emergency Response Teams (DERT). 

Legal Reference:
Minn. Stat. 144.344 (Emergency Treatment)

Cross References:
Moorhead School Board Policy 710: School District Crisis Management

Curriculum and Instruction Goals of Moorhead Area Public Schools
Type: School Board Policy
Section: 600 EDUCATION PROGRAMS
Code: 601
Adopted Date: 8/11/2003
Revised Date(s): 11/26/2007, 06/14/2010, 02/08/2016, 06/13/2019
Reviewed Date(s): 11/26/2007, 06/14/2010, 02/08/2016, 04/12/2022, 04/13/2022
Attachments:

I. PURPOSE

The purpose of this policy is to establish broad curriculum parameters for Moorhead Area Public Schools that encompasses the Minnesota Academic Standards and federal law and are aligned with creating the World's Best Workforce.

II. GENERAL STATEMENT

It is the policy of Moorhead Area Public Schools to establish the "world's best workforce" in which all learning in the school district should be directed and for which all school district learners should be held accountable.

III. DEFINITIONS

A. “Academic standard” means a summary description of student learning in a required content area or elective content area.

B. “Benchmark” means specific knowledge or skill that a student must master to complete part of an academic standard by the end of the grade level or grade band.

C. “Curriculum” means district or school adopted programs and written plans for providing students with learning experiences that lead to expected knowledge, skills, and career and college readiness.

D. “Instruction” means methods of providing learning experiences that enable students to meet state and district academic standards and graduation requirements.

E. “Performance measures” are measures to determine school district and school site progress in striving to create the world’s best workforce and must include at least the following:

1. the size of the academic achievement gap and rigorous course taking, including college-level advanced placement, international baccalaureate, postsecondary enrollment options including concurrent enrollment, other statutorily recognized courses of study or industry certification courses or programs, and enrichment experiences by student subgroup;

2. student performance on the Minnesota Comprehensive Assessments;

3. high school graduation rates; and

4. career and college readiness under Minn. Stat. § 120B.30, Subd. 1.

F. “World’s best workforce” means striving to: meet school readiness goals; have all third-grade students achieve grade-level literacy; close the academic achievement gaps among all racial and ethnic groups of students and between students living in poverty and students not living in poverty; have all students attain career and college readiness before graduating from high school, and have all students graduate from high school.

G. “Experiential learning” means learning for students that includes career exploration through a specific class or course or through work-based experiences such as job shadowing, mentoring, entrepreneurship, service learning, volunteering, internships, other cooperative work experience, youth apprenticeship, or employment. 
 
IV. LONG-TERM STRATEGIC PLAN

A. The school board, at a public meeting, shall adopt a comprehensive, long-term strategic plan to support and improve teaching and learning that is aligned with creating the world’s best workforce and includes the following:

  1.  clearly defined school district and school site goals and benchmarks for instruction and student achievement for all; student categories identified in state and federal law;
  2.  a process for assessing and evaluating each student’s progress toward meeting state and local academic standards and identifying the strengths and weaknesses of instruction in pursuit of student and school success and curriculum affecting students’ progress and growth toward career and college readiness and leading to the world’s best workforce;
  3. a system to periodically review and evaluate the effectiveness of all instruction and curriculum, taking into account strategies and best practices, student outcomes, and principal evaluations under Minn. Stat. § 123B.147, Subd. 3, and teacher evaluations under Minn. Stat. § 122A.40, Subd. 8, or 122A.41, Subd. 5;
  4. strategies for improving instruction, curriculum, and student achievement, including English and, where practicable, the native language development and the academic achievement of English learners;
  5. a process to examine the equitable distribution of teachers and strategies to ensure low-income and minority children are not taught at higher rates than other children by inexperienced, ineffective, or out-of-field teachers;
  6. education effectiveness practices that integrate high-quality instruction, rigorous curriculum, technology, and a collaborative professional culture that develops and supports teacher quality, performance, and effectiveness; and;
  7. an annual budget for continuing to implement the school district plan.

B. School district site and school site goals shall include the following:

  1. All students will be required to demonstrate essential skills to effectively participate in lifelong learning. These skills include the following:
    1. reading, writing, speaking, listening, and viewing in the English language;
    2. mathematical and scientific concepts;
    3. locating, organizing, communicating, and evaluating information and developing methods of inquiry (i.e., problem-solving);
    4. creative and critical thinking, decision making, and study skills;
    5. work readiness skills;
    6. global and cultural understanding.

     2. Each student will have the opportunity and will be expected to develop and apply essential knowledge that enables that student to:

    1. live as a responsible, productive citizen and consumer within local, state, national, and global political, social, and economic systems;
    2. bring many perspectives, including historical, to contemporary issues;
    3. develop an appreciation and respect for democratic institutions;
    4. communicate and relate effectively in languages and with cultures other than the student’s own;
    5. practice stewardship of the land, natural resources, and environment;
    6. use a variety of tools and technology to gather and use information, enhance learning, solve problems, and increase human productivity.     

     3. Students will have the opportunity to develop creativity and self-expression through visual and verbal images, music, literature, world languages, movement, and the performing arts.

     4. School practices and instruction will be directed toward developing within each student a positive self-image and a sense of personal responsibility for:

    1. establishing and achieving personal and career goals;
    2. adapting to change;
    3. leading a healthy and fulfilling life, both physically and mentally;
    4. living a life that will contribute to the well-being of society;
    5. becoming a self-directed learner;
    6. exercising socially accepted ethical behavior.

     5. Students will be given the opportunity to acquire human relations skills necessary to:

    1. appreciate, understand, and accept human diversity and interdependence;
    2. address human problems through team effort;
    3. resolve conflicts with and among others;
    4. function constructively within a family unit;
    5. promote a multicultural, gender-fair, disability-sensitive society.

C. Every child is reading at or above grade level no later than the end of grade 3, including English learners, and teachers provide comprehensive, scientifically based reading instruction, including a program or collection of instructional practices that is based on valid, replicable evidence showing that, when the programs or practices are used, students can be expected to achieve, at a minimum, satisfactory reading progress. The program or collection of practices must include, at a minimum, effective, balanced instruction in all five areas of reading (phonemic awareness, phonics, fluency, vocabulary development, and reading comprehension), as well as instructional strategies for continuously assessing, evaluating, and communicating the student’s reading progress and needs.

     1. The school district shall identify, before the end of kindergarten, grade 1, and grade 2, students who are not reading at grade level before the end of the current school year and shall identify students in grade 3 or higher who demonstrate a reading difficulty to a classroom teacher. Reading assessments in English and in the predominant languages of district students, where practicable, must identify and evaluate students’ areas of academic need related to literacy. The school district also must monitor the progress and provide reading instruction appropriate to the specific needs of English learners. The school district must use locally adopted, developmentally appropriate, and culturally responsive assessments.

     2. At least annually, the school district must give the parent of each student who is not reading at or above grade level timely information about:

    1. the student’s reading proficiency as measured by a locally adopted assessment;
    2. reading-related services currently being provided to the student and the student’s progress, and
    3. strategies for parents to use at home in helping their students succeed in becoming grade-level proficient in reading English and their native languages. This provision may not be used to deny a student’s right to a special education evaluation.

     3. For each student who is not reading at or above grade level, the school district shall provide reading intervention to accelerate student growth and reach the goal of reading at or above grade level by the end of the current grade and school year. If a student does not read at or above grade level by the end of grade 3, the school district must continue to provide reading intervention until the student reads at grade level. Intervention methods shall encourage family engagement and, where possible, collaboration with appropriate school and community programs. Intervention methods may include but are not limited to, requiring attendance in summer school, intensified reading instruction that may require that the student be removed from the regular classroom for part of the school day, extended day programs, or programs that strengthen students’ cultural connections.

     4. The school district may provide a personal learning plan for a student who is unable to demonstrate grade-level proficiency, as measured by the statewide reading assessment in grade 3. The school district will determine the format of the personal learning plan in collaboration with the student’s educators and other appropriate professionals. The school district will develop the personal learning plan in consultation with the student’s parent or guardian. The personal learning plan will address knowledge gaps and skill deficiencies through strategies such as specific exercises and practices during and outside of the school day, periodic assessments, and reasonable timelines. The personal learning plan may include grade retention if it is in the student’s best interest. The student’s school will maintain and regularly update and modify the personal learning plan until the student reads at grade level. This paragraph does not apply to a student under an Individualized Education Program. 

V. RESPONSIBILITY

A. The Superintendent or designee shall be responsible for curriculum development and for determining the most effective way of conducting research on the school district's curriculum needs and establishing a long-range curriculum development program. Timelines shall be determined by the Superintendent or designee that will provide for periodic reviews of each curriculum area (Administrative Procedure 601.1: Moorhead Area Public Schools ESSA/Academic Standards Curriculum Review Cycle).

B. It shall be the responsibility of the Superintendent or designee to keep the Moorhead School Board informed of all state-mandated curriculum changes, as well as recommended discretionary changes, and to periodically present recommended modifications for School Board review and approval.

C. The Superintendent shall have discretionary authority to develop guidelines and directives to implement School Board policy relating to curriculum development.

Legal References: 
Minn. Stat. § 120B.018 (Definitions)
Minn. Stat. 120B.02 (Educational Expectations for Minnesota Students)
Minn. Stat. 120B.11 (School District Process)
Minn. Stat.120B.12 ( Reading Proficiently no Later than the end of Grade 3 
Minn. Stat. § 120B.30, Subd. 1 (Statewide Testing and Reporting System)
Minn. Stat. § 120B.35, Subd. 3 (Student Academic Achievement and Growth)
Minn. Stat. § 122A.40, Subd. 8 (Employment; Contracts; Termination)
Minn. Stat. § 122A.41, Subd. 5 (Teacher Tenure Act; Cities of the First Class; Definitions) 
Minn. Stat. § 123B.147, Subd. 3 (Principals) 
20 U.S.C. 5801, et seq. (National Education Goals 2000)
U.S. Senate File S.1177 (Every Student Succeeds Act (ESSA))
Minn. Stat. § 120B.12 (Reading Proficiently no Later than the End of Grade 3)
Minn. Stat. § 120B.30, Subd. 1 (Statewide Testing and Reporting System) 601-7
Minn. Stat. § 120B.35, Subd. 3 (Student Academic Achievement and Growth)
Minn. Stat. § 122A.40, Subd. 8 (Employment; Contracts; Termination)
Minn. Stat. § 122A.41, Subd. 5 (Teacher Tenure Act; Cities of the First Class; Definitions)
Minn. Stat. § 123B.147, Subd. 3 (Principals) 20 U.S.C. § 5801, et seq. (National Education Goals 2000) 20 U.S.C. § 6301, et seq. (Every Student Succeeds Act) 
 
Cross References: 
Moorhead School Board Policy 640: Moorhead Area Public Schools Graduation Policy
Moorhead School Board Policy 660: Moorhead Area Public Schools State Mandated Testing Plan and Procedure
Moorhead School Board Policy 656: Testing Accommodations, Modifications and Exemptions for IEPs, Section 504 Plans and LEP Students
Moorhead School Board Policy 650: School District System Accountability
MSBA/MASA Model Policy 601 (School District Curriculum and Instruction Goals)
MSBA/MASA Model Policy 104 (School District Mission Statement)
MSBA/MASA Model Policy 613 (Graduation Requirements)
MSBA/MASA Model Policy 614 (School District Testing Plan and Procedure)
MSBA/MASA Model Policy 615 (Testing Accommodations, Modifications, and Exemptions for IEPs, Section 504 Plans, and LEP Students)
MSBA/MASA Model Policy 616 (School District System Accountability)
MSBA/MASA Model Policy 618 (Assessment of Student Achievement)
Curriculum Content Selection and Review Exception for Use Request of Movie/Video Recording as an Instructional Resource
Type: Administrative Procedure
Section: 600 EDUCATION PROGRAMS
Code: 606.3
Adopted Date: 12/13/1988
Revised Date(s): 04/27/1998, 02/23/2015, 05/29/2018
Reviewed Date(s): 04/27/1998, 02/23/2015
Attachments:

Adm Procedure

Curriculum/Program Change Request
Type: Administrative Procedure
Section: 600 EDUCATION PROGRAMS
Code: 606.5
Adopted Date: 11/2/2007
Revised Date(s): 02/23/2015, 05/29/2018
Reviewed Date(s): 02/23/2015
Attachments:

Adm. Procedure

Decision Making in Moorhead Area Public Schools
Type: Administrative Procedure
Section: 300 ADMINISTRATION
Code: 302.1
Adopted Date: 8/8/1994
Revised Date(s): 01/14/2008, 01/23/2012, 11/09/2015, 11/16/2021, 12/15/2021, 02/13/2024
Reviewed Date(s): 08/08/1994, 04/12/1999, 02/09/2004, 01/14/2008, 01/23/2012, 11/09/2015, 10/08/2018, 12/15/2021, 02/13/2024
Attachments:

I. PURPOSE

The purpose of this procedure is to outline the decision-making guidelines for Moorhead Area Public Schools.

II. GENERAL STATEMENT

The Moorhead School Board believes that the opportunity for involvement and input by the stakeholders in the district results in insightful, effective, and efficient decisions. The School Board also believes that learning is enhanced, accountability increased, and innovation and excellence are encouraged when employees and stakeholders are able to make or share in decisions within identified parameters.

The Superintendent is charged with encouraging collaboration and participation in decision-making, as appropriate, and implementing a decision-making process within the school district to empower staff and parents within the following parameters:

1. Be focused on how the decision will first affect students.
2. Be directed toward the improvement of instruction and student achievement.
3. Be inclusive of parents, students, and community members.
4. Be aligned with the mission and beliefs of the school district.
5. Be research-based and data-driven.
6. Be aligned with and support the district and school improvement plans and strategic priorities.
7. Be consistent with the assumptions in the Annual Operating Plan.
8. Be reflective of School Board policy and administrative procedures.
9. Be in compliance with federal, state, and local laws, regulations, and mandates.
10. Be congruent with bargaining unit master contract language.

The final decision regarding parameters and the level at which decisions are made is determined by the Superintendent unless parameters are otherwise specified by the School Board, rules, and statutes promulgated by the state of Minnesota or the federal government.

Cross References:
Moorhead School Board Policy 208: School Board Policy Development, Adoption, Implementation, and Review
Moorhead School Board Policy 301: School District Administration
Moorhead School Board Policy 305: Policy Implementation
Moorhead School Board Policy 701: Establishment, Adoption, and Modification of School District's Financial Annual Operating Plan

Development of Parent and Family Engagement Policies for Title I Programs
Type: School Board Policy
Section: 600 EDUCATION PROGRAMS
Code: 612
Adopted Date: 8/26/2002
Revised Date(s): 01/08/2007, 06/13/2011, 02/23/2015, 07/13/2021, 10/10/2023
Reviewed Date(s): 01/08/2007, 06/13/2011, 02/23/2015, 05/29/2018, 06/15/2021, 10/10/2023
Attachments:

I. PURPOSE

The purpose of this policy is to encourage and facilitate involvement by parents/guardians of students participating in Title I in the educational programs and experiences of students in the Moorhead Area Public Schools.

II. GENERAL STATEMENT
 
A. The policy shall provide the framework for organized, systematic, ongoing, informed, and timely parent/guardian involvement in relation to decisions about Title 1 services within the school district. The involvement of parents/guardians by the school district shall be directed toward both public and private school children whose parents/guardians are school district residents or whose children attend school within the boundaries of the school district.

B. The policy of the Moorhead Area Public Schools is to plan and implement, with meaningful consultation with parents/guardians of participating children, programs, activities, and procedures for the engagement of parents/guardians and families in its Title 1 programs.

C. The policy of the Moorhead Area Public Schools is to fully comply with 20 U.S.C. 6319 which requires the school district to develop jointly with, agree upon with, and distribute to parents/guardians of children participating in Title 1 programs written parent/guardian and family engagement policies.
 
III. DEVELOPMENT OF DISTRICT PARENT INVOLVEMENT PLAN

A written parent/guardian and family engagement policy will be incorporated into Moorhead Area Public Schools Title 1 plan and will be distributed to parents/guardians of participating children. The policy will establish the expectations for meaningful parent/guardian involvement and describe how the school district will:

A. Involve parents/guardians and family members in the joint development of the district's Title 1 Parent Involvement Plan and the development of support and improvement plans;

B. Provide the coordination, technical assistance, and other support necessary to assist and build the capacity of all participating schools within the district in planning and implementing effective parent/guardian and family involvement activities to improve student academic achievement and school performance, which may include meaningful consultation with employers, business leaders, and philanthropic organizations, or individuals with expertise in effectively engaging parent/guardians and family members in education;

C . Coordinate and integrate parent/guardian and family engagement strategies with similar strategies, to the extent feasible and appropriate,  with other relevant federal, state, and local laws and programs;

D. Conduct, with meaningful involvement of parents/guardians and family members, an annual evaluation of the content and effectiveness of the parent/guardian and family engagement plan in improving the academic quality of the schools served, including identifying barriers to greater participation by parents/guardians in parental/guardian involvement activities (with particular attention to parents/guardians who are economically disadvantaged, disabled, have limited English proficiency, have limited literacy, or who are of a racial or ethnic minority background; the needs of parents and family members to assist with the learning of their children, including engaging with school personnel and teachers; and strategies to support successful school and family interactions;

E. Use the findings of the evaluations to design evidence-based strategies for more effective parental involvement and to revise, if necessary, the district-level and school-level parent/guardian and family engagement policies.

F. Involve parents/guardians in the activities of the schools., which may include establishing a parent advisory board comprised of a sufficient number and representative group of parents/guardians or family members served by the school district to adequately represent the needs of the population served by the school district for the purposes of developing, revising, and reviewing the parent/guardian and family engagement plan.

IV. DEVELOPMENT OF SCHOOL TITLE 1 PLAN

Each school will develop (or amend an existing parental involvement plan) jointly with and distribute to parents/guardians and family members of participating children a written parent/guardian and family engagement plan that shall describe the means for carrying out the federal requirements of parent/guardian and family engagement. Parent/guardians shall be notified of the plan in an understandable and uniform format and, to the extent practicable, provided in a language the parent/guardians can understand. Such policy shall be made available to the local community and updated periodically to meet the changing needs of parent/guardians and the school.

A. The plan will describe the means by which each school with a Title 1 program will:

1. Convene an annual meeting at a convenient time, to which all parents/guardians of participating children shall be invited and encouraged to attend, to inform parents/guardians of their school's participation in Title I programs and to explain to parents of participating children the program, its requirements, and their right to be involved;

2. Offer a flexible number of meetings, such as meetings in the morning and evening, and may provide, with funds under Title 1, services to facilitate parental involvement.

3. Involve parents/guardians in an organized, ongoing, and timely way in the planning, review, and improvement of the parent/guardian involvement programs, including the planning, review, and improvement of the school parent/guardian and family engagement policy and the joint development of the school-wide program plan, except that if a school has in place a process for involving parent/guardians in the joint planning and design of the school's programs, the school may use that process, if such process includes an adequate representation of parent/guardians of participating children;

4. Provide parents/guardians of participating children with timely information about Title 1 programs; school performance profiles as required by law and their child's individual student assessment results along with an interpretation of the results; a description and explanation of the curriculum in use, the forms of academic assessment used to measure student progress, and the achievement levels of the challenging state academic standards; if requested by the parent/guardians the opportunity to make suggestions, and participate, as appropriate, in decisions relating to the education of their children, and, respond to any such  suggestions as soon as practicably possible; and

5. If the school-wide program plan is not satisfactory to the parent/guardians of participating children, submit any parent/guardian comments on the school-wide plan when it is submitted to the school district.

B. As a component of this plan, each school shall develop with parents/guardians a school/parent compact which outlines how parents/guardians, staff, and students will share the responsibility for improved student academic achievement and the means by which the school and parents/guardians will build and develop a partnership to help children achieve the state's high standards. The compact will:

1. Describe the school's responsibility to provide high-quality curriculum and instruction in a supportive and effective learning environment that enables participating students to meet state student academic achievement standards;

2. Describe the ways each parent/guardian will be responsible for supporting their children's learning, by, volunteering in the classroom, and participating, as appropriate, in decisions relating to his or her child's education and use of extracurricular time.

3. Address the importance of communication between teachers and parents/guardians on an on-going basis through the use of:

a. Annual parent-teacher conferences to discuss the compact and the child's achievement;

b. Progress reports to the parents/guardians; and

c. Reasonable access to staff, opportunities to volunteer, participate, and observe in the child's classroom.
 
d. Ensuring regular two-way, meaningful communication between family members and school staff and, to the extent practicable, in a language that the family members can understand.

C. To ensure effective involvement of parents/guardians and to support a partnership among the school, parents/guardians, and community to improve student achievement, the plan will describe how each school and the school district will:

1. Provide assistance to participating parents/guardians in such areas as understanding such topics as the state's academic content standards and state academic achievement standards, state and local academic assessments, Title I requirements, and how to monitor a child's progress and work with educators to improve the achievement of their children;

2. Provide materials and training to assist parents/guardians in working with their children to improve their children's achievement, such as, literacy training and using technology, as appropriate, to foster parental involvement;

3. Educate school staff, with the assistance of parents/guardians, in the value and contributions of parents/guardians and in how to reach out to, communicate with, and work with parents/guardians as equal partners, implement and coordinate parent/guardian programs, and build ties between home and school;

4. Coordinate and integrate parental involvement programs and activities other federal, state, and local programs, including public preschool programs, and conduct other activities, such as parent resource centers, that encourage and support parents in more fully participating in the education of their children, as is feasible and appropriate.

5. Ensure, to the extent possible, that information about school and parent/guardian meetings, programs, and activities is sent to the parent/guardians of participating children in a format and, to the extent practicable in the language used in the homes of the participating children; and

6. May provide other reasonable supports for parental involvement as requested by parent/guardians.

D. To carry out the requirements of parent/guardian and family engagement, the Moorhead Area Public Schools will provide opportunities for the informed participation of parents/guardians and family members (including parent/guardians and family members with limited English proficiency or with disabilities, and parents/guardians and family members of migratory children) including providing information and school reports in a language and form that is understandable by the parents/guardians.

E. The Moorhead Area Schools will inform parents/guardians and parent/guardian organizations of family engagement in education programs.

The plans will be updated periodically to meet the changing needs of parents/guardians and the school.

Legal Reference:
20 U.S.C.6318 Parent and Family Engagement

20 U.S.C. 6319 (Title l)

Cross Reference:
Moorhead School Board Policy 630: Title I Policy Governing Comparability
MSBA MODEL Policy 612.1 Development of Parent and Family Engagement Policies for Title I Programs

Discipline Procedures
Type: Administrative Procedure
Section: 500 STUDENTS
Code: 506.1
Adopted Date: 6/14/2011
Revised Date(s): 08/13/2012, 06/18/2013, 08/12/2013, 08/10/2015, 06/13/2016, 08/14/2017, 06/25/2018
Reviewed Date(s): 08/13/2012, 06/18/2013, 08/12/2013, 08/10/2015, 06/13/2016, 08/14/2017
Attachments:

Administrative Procedure 506.1 is attached.

Discretionary Calories
Type: Administrative Procedure
Section: 500 STUDENTS
Code: 533.6
Adopted Date: 5/31/2011
Revised Date(s):
Reviewed Date(s): 04/13/2015, 04/10/2017, 02/12/2018, 12/10/2018
Attachments:
Administrative procedure 533.6 is attached.
 
Discrimination Complaint Form
Type: Administrative Procedure
Section: 400 EMPLOYEES/PERSONNEL
Code: 401.2
Adopted Date: 10/30/2006
Revised Date(s): 11/10/2014
Reviewed Date(s): 09/14/2010, 11/10/2014, 02/12/2018
Attachments:

Adm. Proc. 401.2

Disposition of Obsolete Equipment and Material
Type: School Board Policy
Section: 800 BUILDINGS AND SITES
Code: 802
Adopted Date: 8/8/1978
Revised Date(s): 02/12/2007, 04/11/2011, 06/13/2019, 07/22/2022
Reviewed Date(s): 03/27/1990, 03/22/1994, 05/11/1998, 06/23/2003, 02/12/2007, 04/11/2011, 04/11/2016, 06/21/2022
Attachments:

I. PURPOSE

The purpose of this policy is to provide guidelines for the Superintendent to assist in timely disposition of obsolete equipment and material.

II. GENERAL STATEMENT

Effective use of school building space and consideration for safety of personnel may at times require disposal of obsolete equipment and material.

III. DEFINITIONS

A. "Contract" means an agreement entered into by the Moorhead Area Public School District for the sale of supplies, materials or equipment.

B. "Official newspaper" is a regular issue of a qualified legal newspaper.

IV. MANNER OF DISPOSITION

A. Authorization

The Superintendent shall be authorized to dispose of obsolete equipment and materials by selling it at a fair price consistent with the procedures outlined in this policy. Any sale exceeding the minimum amount for which bids are required must first be specifically authorized by the Moorhead School Board. The Superintendent shall be authorized to properly dispose of used books, materials and equipment deemed to have little or no value.

B. Contracts over $175,000

1. If the value of the equipment or materials is estimated to exceed $175,000, sealed bids shall be solicited by two weeks' published notice in the official newspaper. This notice shall state the time and place of receiving bids and contain a brief description of the subject matter. Additional publication in the official newspaper or elsewhere may be made as the School Board shall deem necessary.

2. The sale shall be awarded to the highest responsible bidder, be duly executed in writing, and be otherwise conditioned as required by law.

3. A record shall be kept of all bids, with names of bidders and amounts of bids, and an indication of the successful bid. A bid containing an alteration or erasure of any price contained in the bid which is used in determining the highest responsible bid shall be rejected unless the alteration or erasure is corrected by being crossed out and the correction printed in ink or typewritten adjacent thereto and initialed in ink by the person signing the bid.

4. In the case of identical high bids from two or more bidders, the School Board may, at its discretion, utilize negotiated procurement methods with the tied high bidders so long as the price paid does not go below the high tied bid price. In the case where only a single bid is received, the School Board may, at its discretion, negotiate a mutually agreeable contract with the bidder so long as the price paid does not fall below the original bid. If no satisfactory bid is received, the School Board may readvertise.

5. All bids obtained shall be kept on file for a period of at least one year after their receipt. Every contract made without compliance with the foregoing provisions shall be void.

6. Data submitted by a business to a school in response to a request for bids are private until opened. Once opened, the name of the bidder and the dollar amount specified become public; all other data are private until completion of the selection process, meaning the school has completed its evaluation and ranked the responses. After completion of the selection process, all data submitted by all bidders are public except trade secret data. If all responses are rejected prior to completion of the selection process, all data remain private, except the name of the bidder and the dollar amount specified which were made public at the bid opening for one year from the proposed opening date or until resolicitation results in completion of the selection process or until a determination is made to abandon the purchase, whichever occurs sooner, at which point the remaining data becomes public.  Data created or maintained by the school district as part of the selection or evaluation process are protected as nonpublic data until completion of the selection or evaluation process.  At that time, the data are public with the exception of trade secret data.

C. Contracts from $25,000 to $175,000

If the amount of the sale is estimated to exceed $25,000 but not to exceed $175,000, the contract may be made either upon sealed bids in the manner directed above or by direct negotiation, by obtaining two or more quotations for the purchase or sale when possible, and without advertising for bids or otherwise complying with the requirements of competitive bidding notice. All quotations obtained shall be kept on file for a period of at least one year after receipt.

D. Contracts $25,000 or Less

If the amount of the sale is estimated to be $25,000 or less, the contract may be made either upon quotation or in the open market, at the discretion of the School Board. The sale in the open market may be by auction. If the contract is made on quotation, it shall be based, so far as practicable, on at least two quotations which shall be kept on file for a period of at least one year after receipt.

E. Electronic Sale of Surplus Supplies, Materials and Equipment

Notwithstanding the other procedural requirements of this policy, the school district may contract to sell supplies, materials, and equipment which is surplus, obsolete, or unused through an electronic selling process in which purchasers compete to purchase the supplies, materials, or equipment at the highest purchase price in an open and interactive environment.
 
F. Notice of Quotation

Notice of procedures to receive quotations shall be given by publication or other means as appropriate to provide reasonable notice to the public.

G. Sales to Employees

No officer or employee of the school district shall sell or procure for sale or possess or control for sale to any other officer or employee of the school district any property or materials owned by the school district unless the property and materials are not needed for public purposes and are sold to a school district employee after reasonable public notice, at public auction or by sealed response, if the employee is not directly involved in the auction or sale process. Reasonable notice shall include at least one week's published or posted notice. A school district employee may purchase no more than one motor vehicle from the school district in any 12-month period. This section shall not apply to the sale of property or materials acquired or produced by the school district for sale to the general public in the ordinary course of business. Nothing in this section shall prohibit an employee of the school district from selling or possessing for sale public property if the sale or possession for sale is in the ordinary course of business or the normal course of the employee's duties.

H. Exceptions for Surplus School Computers.

A school district may bypass the requirements for competitive bidding and is not subject to any other laws relating to school district contacts if it is disposing of surplus school computers and related equipment by conveying the property and title to:

1. another school district;

2. the state department of corrections;

3. the board of trustees of Minnesota State Colleges and Universities; or

4. the family of a student residing in the district whose total family income meets the federal definition of poverty.
 
If surplus computers are not disposed of as described above in Paragraph 1, upon adoption of a written resolution of the school board, when updating or replacing school computers, including tablets devices, used primarily by students, the school district may sell or give used computers or tablets to qualifying students at the price specified in the written resolution. A student is eligible to apply to the school board for a computer or tablet under this subdivision if the student is currently enrolled in the school and intends to enroll in the school in the year following the receipt of the computer or tablet. If more students apply for computers or tablets than are available the school must first qualify students whose families are eligible for free or reduced-priced meals and then dispose of the remaining computers or tablets by lottery.

Legal References:
Minn. Stat. 15.054 (Public Employees Not to Purchase Merchandise from Governmental Agencies; Exceptions; Penalty)
Minn. Stat. 123B.29 (Sale of School Building at Auction)
Minn. Stat. 123B.52 (Contracts)
Minn. Stat. 471.345 (Uniform Municipal Contracting Law)
Minn. Stat. 645.11 (Published Notice)
Minn. Stat. 13.591 (Business Data)
Distribution of Information to Students Form
Type: Administrative Procedure
Section: 900 SCHOOL DISTRICT - COMMUNITY RELATIONS
Code: 906.2
Adopted Date: 10/20/2006
Revised Date(s): 01/31/2007, 01/23/2012
Reviewed Date(s): 01/31/2007, 01/23/2012, 06/13/2016
Attachments:
Adm Proc attached.
Distribution of Nonschool-Sponsored Materials on School Premises by Students and Employees
Type: School Board Policy
Section: 500 STUDENTS
Code: 505
Adopted Date: 6/9/2008
Revised Date(s): 12/12/2011, 11/09/2015, 05/10/2022
Reviewed Date(s): 12/12/2011, 11/09/2015, 12/10/2018, 04/12/2022, 04/13/2022
Attachments:

I. PURPOSE

The purpose of this policy is to protect the exercise of students' and employees' free speech rights while taking into consideration the educational objectives and responsibilities of Moorhead Area Public Schools.

II. GENERAL STATEMENT

A. The school district recognizes that students and employees have the right to express themselves on school property. This protection includes the right to distribute, at a reasonable time and place and in a reasonable manner, nonschool-sponsored material.

B. To protect First Amendment rights, while at the same time preserving the integrity of the educational objectives and responsibilities of the school district, the School Board adopts the following regulations and procedures regarding distribution of nonschool-sponsored material on school property and at school activities.

III. DEFINITIONS

A. "Distribute" or "Distribution" means circulation or dissemination of material by means of handing out free copies, selling or offering copies for sale, accepting donations for copies, posting or displaying material, or placing material in internal staff or student mailboxes.

B. "Nonschool-sponsored material" or "unofficial material" includes all materials or objects intended for distribution, except school newspapers, employee newsletters, literary magazines, yearbooks, and other publications funded and/or sponsored or authorized by the school.  Examples of nonschool-sponsored materials include, but are not limited to, leaflets, brochures, buttons, badges, flyers, petitions, posters, and underground newspapers whether written by students or employees or others and tangible objects.

C. "Obscene to minors" means:

  1. The average person, applying contemporary community standards, would find that the material, taken as a whole, appeals to the prurient interest of minors of the age to whom distribution is requested;
  2. The material depicts or describes, in a manner that is patently offensive to prevailing standards in the adult community concerning how such conduct should be presented to minors of the age to whom distribution is requested, sexual conduct such as intimate sexual acts (normal or perverted), masturbation, excretory functions, or lewd exhibition of the genitals; and
  3. The material, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.

D. "Minor" means any person under the age of eighteen (18).

E. "Material and substantial disruption" of a normal school activity means:

  1. Where the normal school activity is an educational program of the school district for which student attendance is compulsory, "material and substantial disruption" is defined as any disruption which interferes with or impedes the implementation of that program.
  2. Where the normal school activity is voluntary in nature (including, without limitation, school athletic events, school plays and concerts, and lunch periods) "material and substantial disruption" is defined as student rioting, unlawful seizures of property, conduct inappropriate to the event, participation in a school boycott, demonstration, sit-in, stand-in, walk-out, or other related forms of activity.

In order for expression to be considered disruptive, there must exist specific facts upon which the likelihood of disruption can be forecast, including past experience in the school, current events influencing student activities and behavior, and instances of actual or threatened disruption relating to the written material in question.

F. "School activities" means any activity sponsored by the school including, but not limited to, classroom work, library activities, physical education classes, official assemblies and other similar gatherings, school athletic contests, band concerts, school plays, and other theatrical productions, and in-school lunch periods.

G. "Libelous" is a false and unprivileged statement about a specific individual that tends to harm the individual's reputation or to lower that individual in the esteem of the community.

IV. GUIDELINES 

A. Students and employees of the school district have the right to distribute, at reasonable times and places as set forth in this policy, and in a reasonable manner, nonschool-sponsored material.

B. Requests for distribution of nonschool-sponsored material will be reviewed by building administration on a case-by-case basis.  However, distribution of the materials listed below is always prohibited.  Material is prohibited that:

  1. is obscene to minors;
  2. is libelous or slanderous;
  3. is pervasively indecent or vulgar or contains any indecent or vulgar language or representations, with a determination made as to the appropriateness of the material for the age level of students to which it is intended;
  4. advertises or promotes any product or service not permitted to minors by law;
  5. advocates violence or other illegal conduct;
  6. constitutes insulting or fighting words, the very expression of which injures or harasses other people (e.g., threats of violence, defamation of character or of a person's race, religious or ethnic origin);
  7. presents a clear and present likelihood that, either because of its content or the manner of distribution, it will cause a material and substantial disruption of the proper and orderly operation and discipline of the school or school activities, will cause the commission of unlawful acts or the violation of lawful school regulations.

C. Distribution by students and employees of non-school sponsored materials on school district property are subject to reasonable time, place, and manner restrictions set forth below. In making decisions regarding the time, place, and manner of distribution, building administration will consider factors including, but not limited to, the following;

  1. whether the material is educationally related;
  2. the extent to which distribution is likely to cause disruption of or interference with the school district's educational objectives, learning environment, discipline, or school activities;
  3. whether the materials can be distributed from the office or other isolated location so as to minimize disruption of traffic flow in hallways;
  4. the quantity or size of materials to be distributed;
  5. whether distribution would require assignment of school district staff, use of school equipment, or other resources;
  6. whether distribution would require that nonschool persons be present on the school grounds;
  7. whether the materials are a solicitation for goods or services not requested by the recipients. 

V. TIME, PLACE, AND MANNER OF DISTRIBUTION

A. No nonschool-sponsored material shall be distributed during and at the place of a normal school activity if it is reasonably likely to cause a material and substantial disruption of that activity.

B. Distribution of nonschool-sponsored material is prohibited when it blocks the safe flow of traffic within corridors and entranceways of the school and school parking lots. Distribution shall not impede entrance to or exit from school premises in any way.

C. No one shall coerce a student or staff member to accept any publication.

D. The time, place, and manner of distribution will be solely within the discretion of building administration, consistent with the provisions of this policy. 

VI. PROCEDURES

A. Any student or employee wishing to distribute (as defined in this policy) nonschool-sponsored material must first submit for approval a copy of the material to the building administrator at least 24 hours in advance of desired distribution time, together with the following information:

  1. Name and phone number of the person submitting the request and, if a student, the room number of his or her first-period class.
  2. Date(s) and time(s) of day intended for distribution.
  3. Location where material will be distributed.
  4. If intended for students, the grade(s) of students to whom the distribution is intended.

B. Within one school day, the building administrator will review the request and render a decision.  In the event that permission to distribute the material is denied or limited, the person submitting the request should be informed in writing of the reasons for the denial or limitation.

C. If the person submitting the request does not receive a response within one school day, the person shall contact the office to verify that the lack of response was not due to an inability to locate the person.

D. If the person is dissatisfied with the decision of the building administrator, the person may submit a written request for appeal to the Superintendent.  If the person does not receive a response within three (3) school days (not counting Saturdays, Sundays, and holidays) of submitting the appeal, the person shall contact the office of the Superintendent to verify that the lack of response is not due to an inability to locate the person.

E. Permission or denial of permission to distribute material does not imply approval or disapproval of its contents by either the school, building administration, School Board, or individual reviewing the material submitted.

VII. DISCIPLINARY ACTION

A. Distribution by any student of nonschool-sponsored material prohibited herein or in violation of the provisions of time, place, and manner of distribution as described above will be halted and disciplinary action will be taken in accordance with the school district's Student Discipline Policy.

B. Distribution by any employee of nonschool-sponsored material prohibited herein or in violation of the provisions of time, place, and manner of distribution as described above will be halted and appropriate disciplinary action will be taken, in accordance with any individual contract, collective bargaining agreement, school district policies and procedures, and/or governing statute.

C. Any other party violating this policy will be requested to leave the school property immediately and, if necessary, the police will be called.

VIII. NOTICE OF POLICY TO STUDENTS AND EMPLOYEES

A copy of this policy will be published in student handbooks and posted in school buildings.

 
Legal References:
U.S. Const., amend. I
Hazelwood School District v. Kuhlmeier, 484 U.S. 260, 108 S.Ct. 562, 98 L.Ed.2d 592 (1988)
Bethel Sch. Dist. No. 403 v. Fraser, 478 U.S. 675, 106 S.Ct. 3159, 92 L.Ed.2d 549 (1986)
Tinker v. Des Moines Indep. Sch. Dist., 393 U.S. 503, 89 S.Ct. 733, 21 L.Ed.2d 731 (1969)
Bystrom v. Fridley High School, 822 F.2d 747 (8th Cir. 1987)
Roark v. South Iron R-1 School Dist., 573F.3d 556 (8th Cir. 2009)
Victory Through Jesus Sports Ministry Foundation v. Lee's Summit R-7 School Dist., 640 F.3d 329 (8th Cir. 2011)
 
Cross References:
Moorhead School Board Policy 551: Student Discipline
Moorhead School Board Policy 731: Moorhead Area Public Schools Electronic Network and Systems Acceptable Use and Safety
Moorhead School Board Policy 906: Public Solicitation in Moorhead Area Public Schools
MSBA/MASA Model Policy 505 (Distribution of Nonschool-Sponsored Materials on School Premises by Students and Employees)  
District Use of Community Facilities
Type: Administrative Procedure
Section: 900 SCHOOL DISTRICT - COMMUNITY RELATIONS
Code: 903.1
Adopted Date: 2/1/1994
Revised Date(s): 05/11/2009
Reviewed Date(s): 02/07/1997, 05/11/2009, 11/09/2015
Attachments:

l. PURPOSE

Moorhead Area Public Schools encourages and supports the use of appropriate community facilities and space for instructional sites, field trips and meetings. Using community space serves to get students into the community, maximizes use of existing facilities and contributes to meeting learner outcomes. Learning sites in the community are extremely valuable for early childhood classes, enhancing and supplementing the K-12 curriculum and providing educational experiences in the community for learners of all ages.

II. GENERAL STATEMENT

A. School district staff is requested to make decisions relating to off-school learning and meeting sites based on the following:

1. Appropriateness for Learning - The instructor or organizer needs to determine whether a particular site will assist the learner in meeting the learner outcomes and offer opportunities not available in the classroom.

2. Safety - Safety considerations will vary with the age of the learner. Some sites appropriate for school-age learners will not be appropriate for preschoolers or older adults. The instructor or class organizer will need to evaluate the site and possible hazards.

3. Accessibility - Facilities must be handicapped accessible. Arrangements need to be made so that all learners can be included.

4. Insurance - If use of a proposed site involves insurance indemnification, contact the Moorhead Area Public Schools Business Office.

5. Costs - Transportation and rental costs are major considerations in using any off-site learning location.  

 

District Wide K-12 Curriculum Review Model
Type: Administrative Procedure
Section: 600 EDUCATION PROGRAMS
Code: 606.1
Adopted Date: 8/1/1984
Revised Date(s): 11/05/2007
Reviewed Date(s): 08/01/1992, 12/01/1995, 11/05/2007, 02/23/2015, 05/29/2018
Attachments:

I. Criteria for Selection of Learning Resources

A. The following criteria will be used as they apply:

1. Learning resources shall support and be consistent with the general educational goals of the state and the district and the aims and objectives of individual schools and specific courses.

2. Learning resources shall be chosen to enrich and support the curriculum and the personal needs of users.

3. Learning resources shall meet high standards of quality in: 

  • Artistic quality and/or literary style 
  • Authenticity 
  • Educational significance 
  • Factual content 
  • Physical format 
  • Presentation 
  • Readability 
  • Technical quality

4. Learning resources shall be appropriate for the subject area and for the age, emotional development, ability level, learning styles, and social development of the students for who whom the materials are selected.

5. Learning resources shall be designed to provide a background of information that will motivate students and staff to examine their own attitudes and behavior; to comprehend their duties, responsibilities, right and privileges as participating citizens in our society; and to make informed decisions in their daily lives. 

6. Learning resources shall provide information on opposing sides of controversial issues so that users may develop under guidance the practice of critical analysis.

7. Resources shall represent artistic, historic and literary qualities and provide a stimulus to creativity.

8. Resources shall be selected for atypical as well as the typical student.

9. Resources shall be judged as a whole with emphasis on their strengths, not weaknesses. 

B. The selection of learning resources on controversial issues will be directed towards maintaining a balanced collection representing various views.

Learning resource shall clarify historical and contemporary forces by presenting and analyzing intergroup tension and conflict objectively, placing emphasis on recognizing and understanding social and economic problems.

II. Procedures for Selection

1. In selecting learning resources, professional personnel will evaluate available resources and curriculum needs and will consult reputable, professionally prepared aids to selection and other appropriate sources when possible.

2. Administrators, teachers, students, other school district personnel and community persons may make recommendations for purchase, as appropriate. 

3. Gift resources shall be judged by the policy criteria and shall be accepted or rejected by that criteria and shall become sole property of Moorhead Area Public Schools.

4. It should be understood that selection is an ongoing process which should include the removal of materials no longer appropriate and the replacement of lost and worn materials still of educational value.

 
 

Do Not Resuscitate/Do Not Intubate Orders (DNR/DNI)
Type: School Board Policy
Section: 500 STUDENTS
Code: 518
Adopted Date: 1/11/1994
Revised Date(s): 02/12/2007, 05/09/2011, 06/19/2015, 02/12/2018, 07/13/2021
Reviewed Date(s): 01/11/1994, 12/08/1997, 06/09/2003, 02/12/2007, 05/09/2011, 06/08/2015, 02/12/2018, 06/15/2021
Attachments:

I. PURPOSE

The purpose of this policy is to provide guidance to school district staff and parents or guardians in regard to Do Not Resuscitate/Do Not Intubate orders (DNR/DNI).

II. GENERAL STATEMENT
 
The school district recognizes that it is serving students with complex health needs. The school district also recognizes that school district staff may be confronted with requests to withhold emergency care of a student in the event of a life-threatening situation at school or school activities or be presented with Do Not Resuscitate/Do Not Intubate (DNR-DNI) orders.

A. The primary mission of the school district is education. Moorhead Area Public Schools recognizes that the Do Not Resuscitate/Do Not Intubate orders (DNR/DNI) are medical documents. School district staff will not accept or honor requests to withhold emergency care or DNR-DNI orders. The school district will not convey such orders to emergency medical personnel. DNR/DNI orders shall not be incorporated into a student's Individualized Education Program (IEP), Individualized Health Plan (IHP) or 504 plans.
 
B. School district staff will provide reasonable emergency care and assistance when a student is undergoing a medical emergency during school or school activities.

C. Moorhead Area Public Schools staff will activate emergency medical services (911) as soon as possible when a student is undergoing a medical emergency during school or school activities. 

D. The parent/guardian will be notified of the emergency as soon as possible.

E. Notwithstanding this school district policy, IEP, IHP and Section 504 teams must develop individualized medical emergency care plans when appropriate in accordance with state and federal law.

F. Parents/guardians who request that emergency care be withheld for their child or who present DNR/DNI orders shall be advised of and shall be provided a copy of this policy.


Legal References:
29 U.S.C. 794 et seq. (Rehabilitation Act of 1973, 504)
42 U.S.C. 12101-12213 (Americans with Disabilities Act) 

Cross References:
Moorhead School Board Policy 602: Special Education Programs
MSBA/MASE Model Policy 518 (DNR-DNI Orders) 
Drug, Alcohol, and Cannabis Testing
Type: School Board Policy
Section: 400 EMPLOYEES/PERSONNEL
Code: 416
Adopted Date: 12/12/1994
Revised Date(s): 04/09/2007, 05/09/2011, 04/13/2015, 04/10/2017, 12/11/2019, 08/04/2022, 09/13/2022, 10/24/2023
Reviewed Date(s): 05/11/1998, 12/09/2002, 04/09/2007, 05/09/2011, 04/13/2015, 04/10/2017, 12/11/2019, 09/13/2022, 10/24/2023
Attachments:
I. PURPOSE
 
The purpose of this policy is to define the process utilized by Moorhead Area Public Schools for employee drug, alcohol, and canabis testing as provided by federal law and Minnesota statutes.
  
II. GENERAL STATEMENT
 
A. All Moorhead Area Public School employees and job applicants whose positions require a commercial driver's license will be required to undergo drug, alcohol, and cannabis testing in accordance with federal law and the applicable provisions of this policy. The school district also may request or require that drivers submit to drug, alcohol, and cannabis testing in accordance with the provisions of this policy and as provided in Minnesota Statutes 181.950-181.957.
 
B. Moorhead Area Public Schools may request or require that any school district employee or job applicant, other than an employee or applicant whose position requires a commercial driver's license, submit to drug and alcohol testing in accordance with the provisions of this policy and as provided in Minnesota Statutes 181.950 through 181.957.
 
C. The use, possession, sale, purchase, transfer, or dispensing of any drugs not medically prescribed, including medical cannabis, regardless of whether or not it has been prescribed for the employee, is prohibited on school district property (which includes school district vehicles), while operating school district vehicles or equipment, and at any school-sponsored program or event. Use of drugs that are not medically prescribed, including medical cannabis, whether or not it has been prescribed for the employee, is also prohibited throughout the school or work day, including lunch or other breaks, whether or not the employee is on or off school district property. Employees under the influence of drugs that are not medically prescribed are prohibited from entering or remaining on school district property. (Refer to Article IV., Section C. for additional definitions.)
 
D. The use, possession, sale, purchase, transfer, or dispensing of alcohol or cannabis is prohibited on school district property (which includes school district vehicles), while operating school district vehicles or equipment, and at any school-sponsored program or event. Use of alcohol or cannabis is also prohibited throughout the school or work day, including lunch or other breaks, whether or not the employee is on or off school district property. Employees under the influence of alcohol or cannabis are prohibited from entering or remaining on school district property.
 
E. Any employee who violates this section shall be subject to discipline that includes, but is not limited to, immediate suspension without pay and/or immediate discharge.
 
F. The school district may discipline, discharge, or take other adverse personnel action against an employee for cannabis flower, cannabis product, lower-potency hemp edible, or hemp-derived consumer product use, possession, impairment, sale, or transfer while an employee is working, on school district premises, or operating a school district vehicle, machinery, or equipment as follows:

1. if, as the result of consuming cannabis flower, a cannabis product, a lower-potency hemp edible, or a hemp-derived consumer product, the employee does not possess that clearness of intellect and control of self that the employee otherwise would have;

2. if cannabis testing verifies the presence of cannabis flower, a cannabis product, a lower-potency hemp edible, or a hemp-derived consumer product following a confirmatory test;

3. as provided in the school district’s written work rules for cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products and cannabis testing, provided that the rules are in writing and in a written policy that contains the minimum information required by section 181.952; or

4. as otherwise authorized or required under state or federal law or regulations, or if a failure to do so would cause the school district to lose a monetary or licensing-related benefit under federal law or regulations.

III. FEDERALLY MANDATED DRUG AND ALCOHOL TESTING FOR SCHOOL BUS DRIVERS
 
A. General Statement  
All persons subject to commercial driver's license requirements shall be tested for alcohol, marijuana, (including medical cannabis), cocaine, amphetamines, opiates (including heroine), and phencyclidine (PCP), pursuant to federal law. Drivers who test positive for alcohol or drugs shall be subject to disciplinary action, which may include termination of employment.
 
B. Definitions

1. "Actual Knowledge" means actual knowledge by the school district that a driver has used alcohol or controlled substances based on:  (a) direct observation of the employee's use (not observation of behavior sufficient to warrant reasonable suspicion testing); (b) information provided by a previous employer; (c) a traffic citation; or (d) an employee's admission, except when made in connection with a qualified employee self-admission program. 

2. "Alcohol Screening Device" (ASD) means a breath or saliva device, other than an Evidential Breath Testing Device (EBT), that is approved by the National Highway Traffic Safety Administration and placed on its Conforming Products List for such devices. 

3. "Breath Alcohol Technician" (BAT) means an individual who instructs and assists individuals in the alcohol testing process and who operates the EBT. 

4. "Commercial Motor Vehicle" (CMV) includes a vehicle which is designed to transport 16 or more passengers, including the driver. 

5. "Designated Employer Representative" (DER) means an employee authorized by the school district to take immediate action to remove employees from safety-sensitive duties, or cause employees to be removed from these covered duties and to make required decisions in the testing and evaluation process. The DER receives test results and other communications for the school district. 

6. "Department of Transportation" (DOT) means United States Department of Transportation. 

7. "Direct Observation" means observation of alcohol or controlled substances use and does not include observation of employee behavior or physical characteristics sufficient to warrant reasonable suspicion testing.

8. "Driver" is any person who operates a CMV including full-time, regularly employed drivers, casual, intermittent or occasional drivers, leased drivers, and independent owner-operator contractors. 

9. "Evidential Breath Testing Device" (EBT) means a device approved by the National Highway Traffic Safety Administration for the evidentiary testing of breath for alcohol concentration and placed on its Conforming Products List for such devices. 

10. "Licensed Medical Practioner" means a person who is licensed, certified, and/or registered, in accordance with applicable Federal, State, local or foreign laws and regulations, to prescribe controlled substances and other drugs.

11. "Medical Review Officer" (MRO) means a licensed physician responsible for receiving and reviewing laboratory results generated by the school district's drug testing program and for evaluating medical explanations for certain drug tests.

12. "Refusal to Submit" (to an alcohol or controlled substances test) means that a driver: (a) fails to appear for any test within a reasonable time, as determined by the school district, consistent with applicable DOT regulations, after being directed to do so; (b) fails to remain at the testing site until the testing process is complete; (c) fails to provide a urine specimen or an adequate amount of saliva or breath for any DOT drug or alcohol test; (d) fails to permit the observation or monitoring of the driver's provision of a specimen in the case of a directly observed or monitored collection in a drug test; (e) fails to provide a sufficient breath specimen or sufficient amount of urine when directed and it has been determined that there was no adequate medical explanation for the failure; (f) fails or declines to take an additional test as directed by the school district or the collector; (g) fails to undergo a medical examination or evaluation, as directed by the MRO or the DER; (h) fails to cooperate with any part of the testing process (e.g., refuses to empty pockets when so directed by the collector, behaves in a confrontational way that disrupts the collection process fails to wash hands after being directed to do so by the collector, fails to sign the certification on the forms) (i) fails to follow the observer's instructions, in an observed collection, to raise the driver's clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to determine if the driver has any type of prosthetic or other device that could be used to interfere with the collection process; (j) possesses or wears a prosthetic or other device that could be used to interfere with the collection process; (k) admits to the collector or MRO that the driver adulterated or substituted the specimen; or (l) is reported by the Medical Review Officer as having a verified adulterated or substituted test result.  An applicant who fails to appear for a pre-employment test, who leaves the testing site before the pre-employment testing process commences, or who does not provide a urine specimen because he or she has left before it commences is not deemed to have refused to submit to testing.
 
13. "Safety-Sensitive Functions" are on-duty functions from the time the driver begins work or is required to be in readiness to work until relieved from work, and all responsibility for performing work, and include such functions as driving, loading and unloading vehicles, or supervising or assisting in the loading or unloading of vehicles, servicing, repairing, obtaining assistance to repair, or remaining in attendance during the repair of a disabled vehicle.
 
14. "Screening Test Technician" (STT) means anyone who instructs and assists individuals in the alcohol testing process and operates an ASD. 
 
15. "Stand Down" means the practice of temporarily removing an employee from performing safety-sensitive functions based only upon a laboratory reports a confirmed positive test for a drug or drug metabolite, an adulterated test, or a substituted test result but before the MRO completes the verification process. 
 
16. "Substance Abuse Professional" (SAP) means a qualified person who evaluates employees who have violated a DOT drug and alcohol regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare.
 
C. Policy and Educational Materials
 
1. The school district shall provide a copy of this policy and procedures (Administrative Procedure 421.1: Transportation Drug Testing Procedures) to each driver prior to the start of its alcohol and drug testing program and to each driver subsequently hired or transferred into a position requiring driving of a CMV.
 
2. The school district shall provide to each driver information required under Title 49 of the Code of Federal Regulations, including information concerning the effects of alcohol and controlled substances use on an individual's health, work, and personal life; signs and symptoms of an alcohol or controlled substance problem (the driver's or a coworker's); and available methods of intervening when an alcohol or controlled substance problem is suspected, including confrontation, referral to an employee assistance program, and/or referral to management.
 
3. The school district shall provide written notice to representatives of employee organizations that the information described above is available.
 
4. The school district shall require each driver to sign a statement certifying that the driver has received a copy of the policy and materials. This statement should be in the form of Attachment A to this policy.  The school district will maintain the original signed certificate and will provide a copy to the driver if the driver so requests.

D. Alcohol and Controlled Substances Testing Program Manager

1. The program manager will coordinate the implementation, direction, and administration of the alcohol and controlled substances testing policy for bus drivers. The program manager is the principal contact for the collection site, the testing laboratory, the MRO, the BAT, the SAP, and the person submitting to the test. Employee questions concerning this policy shall be directed to the program manager.
 
2. The school district shall designate a program manager and provide written notice of the designation to each driver along with this policy.

E. Specific Prohibitions for Drivers

1. Alcohol Concentration. No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater. Drivers who tests greater than 0.04 will be taken out of service and will be subject to evaluation by a professional and retesting at the driver's expense.

2. Alcohol Possession. No driver shall be on duty or operate a CMV while the driver possesses alcohol.

3. On-Duty Use. No driver shall use alcohol while performing safety-sensitive functions.

4. Pre-Duty Use. No driver shall perform safety-sensitive functions within four (4) hours after using alcohol.

5. Use Following an Accident. No driver required to take a post-accident test shall use alcohol for eight (8) hours following the accident, or until the driver undergoes a post-accident alcohol test, whichever occurs first.

6. Refusal to Submit to a Required Test. No driver shall refuse to submit to an alcohol or controlled substances test required by post-accident, random, reasonable suspicion, return-to-duty, or follow-up testing requirements. A verified adulterated or substituted drug test shall be considered a refusal to test.

7. Use of Controlled Substances. No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions when the driver uses any controlled substance, except when the use is pursuant to instructions (which have been presented to the school district) from a licensed medical practitioner who is familiar with the driver's medical history and has advised the driver that the substance does not adversely affect the driver's ability to safely operate a CMV. Controlled substance includes medical cannabis, regardless of whether the driver is enrolled in the state registry program.

8. Positive, Adulterated, or Substituted Test for Controlled Substance. No driver shall report for duty, remain on duty, or perform a safety-sensitive function if the driver tests positive for controlled substances, including medical cannabis, or has adulterated or substituted a test specimen for controlled substances.

9. General Prohibition. Drivers are also subject to the general policies and procedures of the school district that prohibit the possession, transfer, sale, exchange, reporting to work under the influence of drugs or alcohol, and consumption of drugs or alcohol while at work or while on school district premises or operating any school district vehicle, machinery, or equipment.
 
F. Other Alcohol-Related Conduct
 
No driver found to have an alcohol concentration of 0.02 or greater but less than 0.04 shall perform safety-sensitive functions for at least 24 hours following administration of the test. The school district will not take any action under this policy other than removal from safety-sensitive functions based solely on test results showing an alcohol concentration of less than 0.04, but may take action otherwise consistent with law and policy of the school district.
 
G. Prescription Drugs/ Cannabinoid Products
 
A driver shall inform the driver's supervisor if at any time the driver is using a controlled substance pursuant to a physician's prescription. The physician's instructions shall be presented to the school district upon request. Use of a prescription drug shall be allowed if the physician has advised the driver that the prescribed drug will not adversely affect the driver's ability to safely operate a CMV. Use of medical cannabis is prohibited notwithstanding the driver's enrollment in the patient registry. Use of nonintoxicating cannabinoids or edible cannabinoid products is not a legitimate medical explanation for a confirmed positive test result for cannabis. MROs will verify a drug test confirmed positive test result for marijuana. MROs will verify a drug test confirmed as positive, even if a driver claims to have only used nonintoxicating cannabinoids or edible cannabinoid product.
 
H. Testing Requirements
 
1. Pre-Employment Testing
 
a. A driver applicant shall undergo testing for [alcohol and] controlled substances, including medical cannabis, before the first time the driver performs safety-sensitive functions for the school district.
 
b. Tests shall be conducted only after the applicant has received a conditional offer of employment.
 
c. To be hired, the applicant must test negative and must sign an agreement in the form of Attachment B to this policy, authorizing former employers to release to the school district all information on the applicant's alcohol tests with results of blood alcohol concentration of 0.04 or higher, or verified positive results for controlled substances, including medical cannabis, or refusals to be tested (including verified adulterated or substituted drug test results), or any other violations of DOT agency drug and alcohol testing regulations, or, if the applicant violated the testing regulations, documentation of the applicant's successful completion of DOT return-to-duty requirements (including follow-up tests), within the preceding two (2) years.
 
d. The applicant also must be asked whether he or she has tested positive, or refused to test, on any pre-employment drug or alcohol test administered by an employer to which the employee, during the last two (2) years, applied for, but did not obtain, safety-sensitive transportation work covered by DOT testing rules.
 

e. Before employing a driver subject to controlled substances and alcohol testing, the school district must conduct a full pre-employment query of the federal Commercial Driver’s License (CDL) Drug and Alcohol Clearinghouse (“Clearinghouse”) to obtain information about whether the driver (1) has a verified positive, adulterated, or substituted controlled substances test result; (2) has an alcohol confirmed test with a concentration of 0.04 or higher; (3) has refused to submit to a test violation of federal law; or (4) that an employer has reported actual knowledge that the driver used alcohol on duty, before duty, or following an accident in violation of federal law or used a controlled in violation of federal law. The applicant must give specific written or electronic consent for the school district to conduct the Clearinghouse full query. The school district shall retain the consent for three (3) years from the date of the query.

 

2. Post-Accident Testing

 
a. As soon as practicable following an accident involving a CMV, the school district shall test the driver for alcohol and controlled substances, including medical cannabis, if the accident involved the loss of human life or if the driver receives a citation for a moving traffic violation arising from an accident which results in bodily injury or disabling damage to a motor vehicle.
 
b. Drivers should be tested for alcohol use within two (2) hours and no later than eight (8) hours after the accident.
 
c. Drivers should be tested for controlled substances, including medical cannabis, no later than thirty-two (32) hours after the accident.
 
d. A driver subject to post-accident testing must remain available for testing, or shall be considered to have refused to submit to the test.
 
e. If a post-accident alcohol test is not administered within two (2) hours following the accident, the school district shall prepare and maintain on file a record stating the reasons the test was not promptly administered and continue to attempt to administer the alcohol test within eight (8) hours.
 
f. If a post-accident alcohol test is not administered within eight (8) hours following the accident or a post-accident controlled substances test is not administered within thirty-two (32) hours following the accident, the school district shall cease attempts to administer the test, and prepare and maintain on file a record stating the reasons for not administering the test.
 

g. The school district shall report drug and alcohol program violations to the Clearinghouse as required under federal law.

 
3. Random Testing
 
a. The school district shall conduct tests on a random basis at unannounced times throughout the year, as required by the federal regulations.
 
b. The school district shall test for alcohol at a minimum annual percentage rate of 10% of the average number of driver positions, and for controlled substances, including medical cannabis, at a minimum annual percentage of 50%.
 
c. The school district shall adopt a scientifically valid method for selecting drivers for testing, such as random number table or a computer-based random number generator that is matched with identifying numbers of the drivers. Each driver shall have an equal chance of being tested each time selections are made. Each driver selected for testing shall be tested during the selection period.
 
d. Random tests shall be unannounced. Dates for administering random tests shall be spread reasonably throughout the calendar year.
 
e. Drivers shall proceed immediately to the collection site upon notification of selection; provided, however, that if the driver is performing a safety-sensitive function, other than driving, at the time of notification, the driver shall cease to perform the function and proceed to the collection site as soon as possible. 
 
4. Reasonable Suspicion Testing
 
a. The school district shall require a driver to submit to an alcohol test and/or controlled substances, including medical cannabis, test when a supervisor or school district official, who has been trained in accordance with the regulations, has reasonable suspicion to believe that the driver has used alcohol and/or controlled substances on duty or within four (4) hours before coming on duty, or just after the period of the work day. The test shall be done as soon as practicable following the observation of the behavior indicative of the use of controlled substances or alcohol.
 
b. The reasonable suspicion determination must be based on specific, contemporaneous, articulable observations concerning the driver's appearance, behavior, speech, or body odors. The required observations for reasonable suspicion of a controlled substances violation may include indications of the chronic and withdrawal effects of controlled substances.
 
c. Alcohol testing shall be administered within two (2) hours following a determination of reasonable suspicion. If it is not done within two (2) hours, the school district shall prepare and maintain a record explaining why it was not promptly administered and continue to attempt to administer the alcohol test within eight (8) hours. If an alcohol test is not administered within eight (8) hours following the determination of reasonable suspicion, the school district shall cease attempts to administer the test, and state in the record the reasons for not administering the test.
 
d. The supervisor or school district official who makes observations leading to a controlled substances reasonable suspicion test shall make and sign a written record of the observations within twenty-four (24) hours of the observed behavior or before the results of the drug test are released, whichever is earlier.
 
5. Return-To-Duty Testing
 
A driver found to have violated this policy shall not return to work until a SAP has determined the employee has successfully complied with prescribed education and/or treatment and until undergoing return-to-duty tests indicating an alcohol concentration of less than 0.02 and a confirmed negative result for the use of controlled substances. The school district is not required to return a driver to safety-sensitive duties because the driver has met these conditions; this is a personnel decision subject to collective bargaining agreements or other legal requirements.

 

6. Follow-Up Testing

 
When a SAP has determined that a driver is in need of assistance in resolving problems with alcohol and/or controlled substances, the driver shall be subject to unannounced follow-up testing as directed by the SAP for up to sixty (60) months after completing a treatment program.
 
7. Refusal to Submit and Attendant Consequences
 
a. A driver or driver applicant may refuse to submit to drug and alcohol testing.
 
b. Refusal to submit to a required drug or alcohol test subjects the driver or driver applicant to the consequences specified in federal regulations as well as the civil and/or criminal penalty provisions of 49 United States Code section 521(b).  In addition, a refusal to submit to testing establishes a presumption that the driver or driver applicant would test positive if a test were conducted and makes the driver or driver applicant subject to discipline or disqualification under this policy.
 
c. A driver applicant who refuses to submit to testing shall be disqualified from further consideration for the conditionally-offered position.
 
d. An employee who refuses to submit to testing shall not be permitted to perform safety-sensitive functions and will be considered insubordinate and subject to disciplinary action, up to and including dismissal. If an employee is offered an opportunity to return to a DOT safety-sensitive duty, the employee will be evaluated by a SAP and must submit to a return-to-duty test prior to being considered for reassignment to safety-sensitive functions.
 
e. Drivers or driver applicants who refuse to submit to required testing will be required to sign Attachment C to this policy.
 
I. Testing Procedures
 
1. Drug Testing
 
a. Drug testing is conducted by analyzing a donor's urine specimen. Split urine samples will be collected in accordance with federal regulations. The donor will provide a urine sample at a designated collection site. The collection site personnel will then pour the sample into two sample bottles, labeled "primary" and "split," seal the specimen bottles, complete the chain of custody form, and prepare the specimen bottles for shipment to the testing laboratory for analysis. The specimen preparation shall be conducted in sight of the donor.
 
b. If the donor is unable to provide the appropriate quantity of urine, the collection site person shall instruct the individual to drink up to forty (40) ounces of fluid distributed reasonably throughout a period of up to three (3) hours to attempt to provide a sample. If the individual is still unable to provide a complete sample, the test shall be discontinued and the school district notified. The DER shall refer the donor for a medical evaluation to determine if the donor's inability to provide a specimen is genuine or constitutes a refusal to test. For pre-employment testing, the school district may elect not to have a referral made, and revoke the employment offer.
 
c. Drug test results are reported directly to the MRO by the testing laboratory. The MRO reports the results to the DER. If the results are negative, the school district is informed and no further action is necessary. If the test result is confirmed positive, adulterated, substituted, or invalid, the MRO shall give the donor an opportunity to discuss the test result. The MRO will contact the donor directly, on a confidential basis, to determine whether the donor wishes to discuss the test result. The MRO shall notify each donor that the donor has seventy-two (72) hours from the time of notification in which to request a test of the split specimen at the donor's expense. No split specimen testing is done for an invalid result.
 
d. If the donor requests an analysis of the split specimen within seventy-two (72) hours of having been informed of a confirmed positive test, the MRO shall direct, in writing, the laboratory to provide the split specimen to another Department of Health and Human Services-SAMHSA certified laboratory for analysis. If the donor has not contacted the MRO within seventy-two (72) hours, the donor may present the MRO information documenting that serious illness, injury, or inability to contact the MRO, lack of actual notice of the confirmed positive test, or other circumstances unavoidably prevented the donor from timely making contact. If the MRO concludes that there is a legitimate explanation for the donor's failure to contact him/her within seventy-two (72) hours, the MRO shall direct the analysis of the split specimen. The MRO will review the confirmed positive test result to determine whether there is an acceptable medical reason for the positive result. The MRO shall confirm and report a positive test result to the DER and the employee when there is no legitimate medical reason for a positive test result as received from the testing laboratory.
 
e. If, after making reasonable efforts and documenting those efforts, the MRO is unable to reach the donor directly, the MRO must contact the DER who will direct the donor to contact the MRO. If the DER is unable to contact the donor, the donor will be suspended from performing safety-sensitive functions.
 
f. The MRO may confirm the test as a positive without having communicated directly with the donor about the test results under the following circumstances:
 
(1) The donor expressly declines the opportunity to discuss the test results; or
 
(2) The donor has not contacted the MRO within seventy-two (72) hours of being instructed to do so by the DER; or
 
(3) The MRO and the DER, after making and documenting all reasonable efforts, have not been able to contact the donor with ten (10) days of the date the confirmed test result was received from the laboratory.
 
2. Alcohol Testing
 
a. The federal alcohol testing regulations require testing to be administered by a BAT using an EBT or an STT using an ASD.  EBTs and ASDs can be used for screening tests but only EBTs can be used for confirmation tests. 
 
b. Any result less than 0.02 alcohol concentration is considered a "negative" test. 
 
c. If the donor is unable to provide sufficient saliva for an ASD, the DER will immediately arrange to use an EBT.  If the donor attempts and fails to provide an adequate amount of breath, the school district will direct the donor to obtain a written evaluation from a licensed physician to determine if the donor's inability to provide a breath sample is genuine or constitutes a refusal to test.
 
d. If the screening test results show alcohol concentration of 0.02 or higher, a confirmatory test conducted on an EBT will be required to be performed between fifteen (15) and thirty (30) minutes after the completion of the screening test.
 
e. Alcohol tests are reported directly to the DER.
 
J. Driver/Driver Applicant Rights
 
1. All drivers and driver applicants subject to the controlled substances testing provisions of this policy who receive a confirmed positive test result for the use of controlled substances, have the right to request, at the driver's or driver applicant's expense, a confirming retest of the split urine sample. If the confirming retest is negative, no adverse action will be taken against the driver, and a driver applicant will be considered for employment.
 
2. The school district will not discharge a driver who, for the first time, receives a confirmed positive drug or alcohol test UNLESS:
 
a. The school district has first given the employee an opportunity to participate in, at the employee's own expense or pursuant to coverage under an employee benefit plan, either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, as determined by the school district after consultation with the SAP; and
 
b. The employee refuses to participate in the recommended program, or fails to successfully complete the program as evidenced by withdrawal before its completion or by a positive test result on  a confirmatory test after completion of the program.
 
c. This limitation on employee discharge does not bar discharge of a employee for reasons independent of the first confirmed positive test result.
 
K. Testing Laboratory
 
The testing laboratory for controlled substances will be certified by the Department of Health and Human Services-SAMHSA to perform controlled substances testing pursuant to federal regulations.
 
L. Confidentiality of Test Results
 
All alcohol and controlled substances test results and required records of the drug and alcohol testing program are considered confidential information under federal law and private data on individuals as that phrase is defined in Minnesota Statutes Chapter 13. Any information concerning the individual's test results and records shall not be released without written permission of the individual, except as provided for by regulation or law.
 
M. Recordkeeping Requirements and Retention of Records
 
1. The school district shall keep and maintain records in accordance with the federal regulations in a secure location with controlled access.
 
2. The required records shall be retained for the following minimum periods: Basic records - 5 years "Basic Records" includes records of: 
 
(a) alcohol test results with concentration of 0.02 or greater;
 
(b) verified positive drug test results;
 
(c) refusals to submit to required tests (including substituted or adulterated drug test results);
 
(d) SAP reports;
 
(e) all follow-up tests and schedules for follow-up tests;
 
(f) calibration documentation;
 
(g) administration of the testing programs; and
 
(h) each annual calendar year summary. Information obtained from previous employers - 3 years Alcohol and controlled substance test collection - 2 years Negative and canceled controlled substance tests - 1 year Alcohol tests with less than 0.02 concentration - 1 year Education and training records - indefinite "Education and training records" must be maintained while the individuals perform the functions which require training and for the two (2) years after ceasing to perform those functions. 
 

3. Personal Information

 

Personal information about all individuals who undergo any required testing under this policy will be shared with the U.S. DOT Drug & Alcohol Clearinghouse (“Clearinghouse”) as required under federal law, including:

a. The name of the person tested;

 

b. Any verified positive, adulterated, or substituted drug test result;

 

c. Any alcohol confirmation test with a BAC concentration of 0.04 or higher;

 

d. Any refusal to submit to any test required hereunder;

 

e. Any report by a supervisor of actual knowledge of use as follows

 

i. Any on-duty alcohol use;

ii. Any pre-duty alcohol use;

iii. Any alcohol use following an accident; and

iv. Any controlled substance use

 

f. Any report from a substance abuse professional certifying successful completion of the return-to-work process.

 
N. Training 
 
The school district shall ensure all persons designated to supervise drivers receive training. The designated employees shall receive at least sixty (60) minutes of training on alcohol misuse and at least sixty (60) minutes of training on controlled substance use. The training shall include physical, behavioral, speech, and performance indicators of probable misuse of alcohol and use of controlled substances. The training will be used by the supervisors to make determinations of reasonable suspicions.
 
O. Consequences of Prohibited Conduct and Enforcement
 
1. Removal. The school district shall remove a driver who has engaged in prohibited conduct from safety-sensitive functions.  A driver shall not be permitted to return to safety-sensitive functions until and unless the return-to-duty requirements of federal DOT regulations have been completed.
 
2. Referral, Evaluation, and Treatment
 
a. A driver or driver applicant who has engaged in prohibited conduct shall be provided a listing of SAPs readily available to the driver or applicant and acceptable to the school district.
 
b. If the school district offers a driver an opportunity to return to a DOT safety-sensitive duty following a violation, the driver must be evaluated by a SAP and the driver is required to successfully comply with the SAP's evaluation recommendations (education, treatment, follow-up evaluation(s), and/or ongoing services). The school district is not required to provide a SAP evaluation or any subsequent recommended education or treatment.
 
c. Drivers are responsible for payment for SAP evaluations and services unless a collective bargaining agreement or employee benefit plan provides otherwise.
 
d. Drivers who engage in prohibited conduct also are required to comply with follow-up testing requirements. 
 
3. Disciplinary Action
 
a. Any driver who refuses to submit to post-accident, random, reasonable suspicion, or follow-up testing not only shall not perform or continue to perform safety-sensitive functions, but also may be subject to disciplinary action, which may include immediate suspension without pay and/or immediate discharge.
 
b. Drivers who test positive with verification of a confirmatory test or are otherwise found to be in violation of this policy or the federal regulations shall be subject to disciplinary action, which may include immediate suspension without pay and/or immediate discharge.
 
c. Nothing in this policy limits or restricts the right of the school district to discipline or discharge a driver for conduct which not only constitutes prohibited conduct under this policy but also violates the school district's other rules or policies.
 
P. Other Testing
 
The school district may request or require that drivers submit to drug and alcohol testing other than that required by federal law.  For example, drivers may be requested or required to undergo drug and alcohol testing on an annual basis as part of a routine physical examination.  Such additional testing of drivers will be conducted only in accordance with the provisions of this policy and as provided in Minnesota Statutes section 181.950-181.957.  For purposes of such additional, non-mandatory testing, drivers fall within the definition of "other employees" covered by Section IV. of this policy.
 

Q. Report to Clearinghouse

 

The school district shall promptly submit to the Clearinghouse any record generated of an individual who refuses to take an alcohol or controlled substance test required under Title 49, Code of Federal Regulations, tests positive for alcohol or a controlled substance in violation of federal regulations, or violates subpart B of Part 382 of Title 49, Code of Federal Regulations (or any subsequent corresponding regulations).

 

R. Annual Clearinghouse Query

 

1. The school district must conduct a query of the Clearinghouse record at least once per year for information for all employees subject to controlled substance and alcohol testing related to CMV operation to determine whether information exists in the Clearinghouse about those employees.  In lieu of a full query, the school district may obtain the individual driver’s consent to conduct a limited query to satisfy the annual query requirement. The limited query will tell the employer whether there is information about the driver in the Clearinghouse but will not release that information to the employer.  If the limited query shows that information exists in the Clearinghouse about the driver, the school district must conduct a full query within twenty-four (24) hours or must not allow the driver to continue to perform any safety-sensitive function until the employee conducts the full query and the results confirm the driver’s Clearinghouse record contains no prohibitions showing the driver has a verified positive, adulterated or substitute controlled substance test, no alcohol confirmation test with a concentration of 0.04 or higher, refuses to submit to a test, or was reported to have used alcohol on duty, before duty, following an accident or otherwise used a controlled substance in violation of the regulations except where the driver completed the SAP evaluation, referral and education/treatment process as required by the regulations.  The school district shall comply with the query requirements set forth in 49 Code of Federal Regulations 382.701.

 

2. The school district may not access an individual’s Clearinghouse record unless the school district (1) obtains the individual’s prior written or electronic consent for access to the record; and (2) submits proof of the individual’s consent to the Clearinghouse.  The school district must retain the consent for three (3) years from the date of the last query. The school district shall retain for three (3) years a record of each request for records from the Clearinghouse and the information received pursuant to the request.

 

3. The school district shall protect the individual’s privacy and confidentiality of each Clearinghouse record it receives.  The school district shall ensure that information contained in a Clearinghouse record is not divulged to a person or entity not directly involved in assessing and evaluating whether a prohibition applies with respect to the individual to operate a CMV for the school district.

 

4. The school district may use an individual’s Clearinghouse record only to assess and evaluate whether a prohibition applies with respect to the individual to operate a CMV for the school district. 

 
IV. CANNABIS TESTING OR DRUG AND ALCOHOL TESTING FOR OTHER EMPLOYEES
 
The school district may request or require drug and alcohol testing for other school district personnel, i.e., non-school bus drivers, or job applicants for such positions. The school district does not have a legal duty to request or require any employee or job applicant to undergo drug and alcohol testing as authorized in this policy, except for school bus drivers and other drivers of CMVs who are subject to federally mandated testing. (See Section III. of this policy.)  If a school bus driver is requested or required to submit to drug or alcohol testing beyond that mandated by federal law, the provisions of Section IV. of this policy will be applicable to such testing.
 

A. Definitions

1. “Cannabis testing” means the analysis of a body component sample according to the standards established under one of the programs listed in Minnesota Statutes, section 181.953, subdivision 1, for the purpose of measuring the presence or absence of cannabis flower, as defined in Minnesota Statutes, section 342.01, subdivision 16, cannabis products, as defined in section 342.01, subdivision 20, lower-potency hemp edibles as defined in section 342.01, subdivision 50, hemp-derived consumer products as defined in section 342.01, subdivision 37, or cannabis metabolites in the sample tested. The definitions in this section apply to cannabis testing unless stated otherwise.

2. “Confirmatory test” and “confirmatory retest” mean a drug or alcohol test that uses a method of analysis allowed under one of the programs listed in Minnesota Statutes, section 181.953, subdivision 1.

3. “Drug” means a controlled substance as defined in Minnesota Statutes, section 152.01, subdivision 4, but does not include marijuana, tetrahydrocannabinols, cannabis flower as defined in section 342.01, subdivision 16, cannabis products as defined in section 342.01, subdivision 20, lower-potency hemp edibles as defined in section 342.01, subdivision 50, and hemp-derived consumer products as defined in section 342.01, subdivision 37.

4. “Drug and Alcohol Testing,” “Drug or Alcohol Testing,” and “Drug or Alcohol Test” mean analysis of a body component sample by a testing laboratory that meets one of the criteria listed in Minnesota Statutes, section 181.953, subdivision 1, for the purpose of measuring the presence or absence of drugs, alcohol, or their metabolites in the sample tested. "Drug and alcohol testing," "drug or alcohol testing," and "drug or alcohol test" do not include cannabis or cannabis testing, unless stated otherwise.

5. "Employee" means a person, independent contractor, or person working for an independent contractor who performs services for compensation, in whatever form, for an employer.

6. "Initial screening test" means a drug or alcohol test or cannabis test which uses a method of analysis under one of the programs listed in Minnesota Statutes, section 181.953, subdivision 1.

7. “Job Applicant” means a person, independent contractor, or person working for an independent contractor who applies to become an employee of the charter school in a position that does not require a commercial driver’s license, and includes a person who has received a job offer made contingent on the person’s passing drug or alcohol testing.  Job applicants for positions requiring a commercial driver’s license are governed by the provisions of the charter school’s drug and alcohol testing policy relating to school bus drivers (Section III.).

8. “Other Employees” means any persons, independent contractors, or persons working for an independent contractor who perform services for the charter school for compensation, either full time or part time, in whatever form, except for persons whose positions require a commercial driver’s license, and includes both professional and nonprofessional personnel.  Persons whose positions require a commercial driver’s license are primarily governed by the provisions of the charter school’s drug and alcohol testing policy relating to school bus drivers (Section III.).  To the extent that the drug and alcohol testing of persons whose positions require a commercial driver’s license is not mandated by federal law and regulations, such testing shall be governed by Section IV. of this policy and the drivers shall fall within this definition of “other employees.”

9. “Positive Test Result” means a finding of the presence of drugs, alcohol, or their metabolites in the sample tested in levels at or above the threshold detection levels contained in the standards of one of the programs listed in Minnesota Statutes, section 181.953, subdivision 1.

10. “Random Selection Basis” means a mechanism for selection of employees that:

 a. results in an equal probability that any employee from a group of employees subject to the selection mechanism will be selected; and

B. does not give the charter school discretion to waive the selection of any employee selected under the mechanism.

11. “Reasonable Suspicion” means a basis for forming a belief based on specific facts and rational inferences drawn from those facts.

12. “Safety-Sensitive Position” means a job, including any supervisory or management position, in which an impairment caused by drug, alcohol, or cannabis usage would threaten the health or safety of any person.

A. Circumstances Under Which Cannabis Testing or Drug or Alcohol Testing May Be Requested or Required; Exceptions
 
1. General Limitations
 
a. The school district will not request or require an employee or job applicant whose position does not require a commercial driver's license to undergo drug or alcohol testing or cannabis testing, unless the testing is done pursuant to this drug and alcohol testing policy; and is conducted by a testing laboratory that meets one of the criteria listed in Minnesota Statutes, section 181.953, subdivision 1.
 
b. The school district will not request or require an employee or job applicant whose position does not require a commercial driver's license to undergo drug and alcohol testing or cannabis testing on an arbitrary and capricious basis.
 
2. Cannabis Testing Exceptions

For the following positions, cannabis and its metabolites are considered a drug and subject to the drug and alcohol testing provisions in Minnesota Statutes, sections 181.950 to 181.957:

a. a safety-sensitive position, as defined in Minnesota Statutes, section 181.950, subdivision 13;

b. a position requiring face-to-face care, training, education, supervision, counseling, consultation, or medical assistance to children;

c. a position requiring a commercial driver's license or requiring an employee to operate a motor vehicle for which state or federal law requires drug or alcohol testing of a job applicant or an employee;

d. a position of employment funded by a federal grant; or

e. any other position for which state or federal law requires testing of a job applicant or an employee for cannabis.

3. Job Applicant Testing
 
The school district may request or require any job applicant whose position does not require a commercial driver's license to undergo drug and alcohol testing, provided a job offer has been made to the applicant, and the same test is requested or required of all job applicants conditionally offered employment for that position. If a job applicant has received a job offer that is contingent on the applicant passing drug and alcohol testing, the school district may not withdraw the offer based on a positive test result from an initial screening test that has not been verified by a confirmatory test. In the event the job offer is subsequently withdrawn, the school district shall notify the job applicant of the reason for its action.

a. The school district must not request or require a job applicant to undergo cannabis testing solely for the purpose of determining the presence or absence of cannabis as a condition of employment unless otherwise required by state or federal law.

b. Unless otherwise required by state or federal law, the school district must not refuse to hire a job applicant solely because the job applicant submits to a cannabis test or a drug and alcohol test authorized by Minnesota law, and the results of the test indicate the presence of cannabis.

c. The school district must not request or require an employee or job applicant to undergo cannabis testing on an arbitrary or capricious basis.

d. Cannabis testing authorized under paragraph (d) must comply with the safeguards for testing employees provided in Minnesota Statutes, sections 181.953 and 181.954.

4. Random Testing
 
The school district may request or require only employees in safety-sensitive positions to undergo drug and alcohol testing on a random selection basis. Safety-sensitive positions subject to this policy are identified in Administrative Procedure 421.1 Transportation Drug Testing Procedures.
 
5. Reasonable Suspicion Testing
 
The school district may request or require any employee to undergo cannabis testing or drug and alcohol testing if the school district has a reasonable suspicion that the employee:
 
a. is under the influence of cannabis, drugs or alcohol;
 
b. has violated the school district's written work rules prohibiting the use, possession, sale or transfer of drugs or alcohol, cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products while the employee is working or while the employee is on the school district premises or operating the school district's vehicles, machinery, or equipment;

 

c. has sustained a personal injury, as that term is defined in Minnesota Statutes, section 176.011, subdivision 16, or has caused another employee to sustain a personal injury; or
 
d. has caused a work-related accident or was operating or helping to operate machinery, equipment, or vehicles involved in a work-related accident.
 
6. Treatment Program Testing
 
The school district may request or require any employee to undergo cannabis testing and drug and alcohol testing if the employee has been referred by the school district for chemical dependency treatment or evaluation or is participating in a chemical dependency treatment program under an employee benefit plan, in which case the employee may be requested or required to undergo cannabis testing and drug and alcohol testing without prior notice during the evaluation or treatment period and for a period of up to two (2) years following completion of any prescribed chemical dependency treatment program.
 
7. Routine Physical Examination Testing
 
The school district may request or require any employee to undergo drug and alcohol testing as part of a routine physical examination provided the drug or alcohol test is requested or required no more than one annually and the employee has been given at least two weeks' written notice that a drug or alcohol test may be requested or required as part of the physical examination.
 
C. No Legal Duty to Test
 
The school district does not have a legal duty to request or require any employee or job applicant whose position does not require a commercial driver's license to undergo drug and alcohol testing.
 
D. Right of Other Employee or Job Applicant to Refuse Drug and Alcohol Testing and Consequences of Such Refusal
 
1. Right of Other Employee or Job Applicant to Refuse Drug and Alcohol Testing Any employee or job applicant whose position does not require a commercial driver's license has the right to refuse drug and alcohol testing subject to the provisions contained in Paragraphs 2. and 3. of this Section IV. D.
 
2. Consequences of an Employee's Refusal to Undergo Drug and Alcohol Testing Any employee in a position that does not require a commercial driver's license who refuses to undergo drug and alcohol testing in the circumstances set out in the Random Testing, Reasonable Suspicion Testing, and Treatment Program Testing provisions of this policy may be subject to disciplinary action, up to and including immediate discharge.
 
3. Consequences of a Job Applicant's Refusal to Undergo Drug and Alcohol Testing Any job applicant for a position which does not require a commercial driver's license who refuses to undergo drug and alcohol testing pursuant to the Job Applicant Testing provision of this policy shall not be employed.
 
E. Reliability and Fairness Safeguards
 
1. Pretest Notice
 
Before requesting an employee or job applicant whose position does not require a commercial driver's license to undergo drug or alcohol testing, or requesting cannabis testing, the school district shall provide the employee or job applicant with a Pretest Notice (Administrative Procedure 421.1 Transportation Drug Testing Procedures) which acknowledges that the employee or job applicant has received the school district's drug and alcohol testing or cannabis testing policy.
 
2. Notice of Test Results
 
Within three (3) working days after receipt of a test result report from the testing laboratory, the school district shall inform in writing an employee or job applicant who has undergone drug or alcohol testing or cannabis testing of a negative test result on an initial screening test or of a negative or positive test result on a confirmatory test.
 
3. Notice of and Right to Test Result Report
 
Within three (3) working days after receipt of a test result report from the testing laboratory, the school district shall inform in writing, an employee or job applicant who has undergone drug or alcohol testing of the employee or job applicant's right to request and receive from the school district a copy of the test result report on any drug or alcohol test or cannabis test.
 
4. Notice of and Right to Explain Positive Test Result
 
a. If an employee or job applicant has a positive test result on a confirmatory test, the school district shall provide the individual with the test results, and at the same time, written notice of the right to explain the results and to submit additional information.
 
b. The school district may request that the employee or job applicant indicate any over-the-counter or prescription medication that the individual is currently taking or has recently taken and any other information relevant to the reliability of, or explanation for, a positive test result.
 
c. The employee may present verification of enrollment in the medical cannabis patient registry or of enrollment in a Tribal medical cannabis program as part of the employee's explanation. 
 

d.  Use of nonintoxicating cannabinoids or edible cannabinoid products is not a legitimate medical explanation for a confirmed positive test result for cannabis.  MROs will verify a drug test confirmed as positive, even if an employee claims to have only used nonintoxicating cannabinoids or edible cannabinoid product.

 
e. Within three (3) working days after notice of a positive test result on a confirmatory test an employee or job applicant may submit information (in addition to any information already submitted) to the school district to explain that result.
 
5. Notice of and Right to Request Confirmatory Retests
 
a. If an employee or job applicant has a positive test result on a confirmatory test, the school district shall provide him or her with notice of the test results and, at the same time, written notice of the right to request a confirmatory retest of the original sample at his or her expense.
 
b. An employee or job applicant may request a confirmatory retest of the original sample at his or her own expense after notice of a positive test result on a confirmatory test. Within five (5) working days after notice of the confirmatory test result, the employee or job applicant shall notify the school district in writing of his or her intention to obtain a confirmatory retest. Within three (3) working days after receipt of the notice, the school district shall notify the original testing laboratory that the employee or job applicant has requested the laboratory to conduct the confirmatory retest or to transfer the sample to another laboratory licensed under Minnesota Statute 181.953, subdivision 1 to conduct the confirmatory retest. The original testing laboratory shall ensure that appropriate chain-of-custody procedures are followed during transfer of the sample to the other laboratory. The confirmatory retest must use the same drug or alcohol, or cannabis threshold detection levels as used in the original confirmatory test. If the confirmatory retest does not confirm the original positive test result, no adverse personnel action based on the original confirmatory test may be taken against the employee or job applicant.
 
6. If the employee or job applicant has a positive test result on a confirmatory test, the school district shall also, at the time of providing notice of the test results, provide written notice to inform the individual of other rights provided under sections F. or G. below, whichever is applicable. Administrative Procedure 421.1 Transportation Drug Testing Procedures provides the notices described in Paragraphs 2. through 6. of this Section E.
 
F. Discharge and Discipline of Employee Whose Positions Do Not Require a Commercial Driver's License
 
1. The school district may not discharge, discipline, discriminate against, request, or require rehabilitation of an employee on the basis of a positive test result from an initial screening test that has not been verified by a confirmatory test.
 
2. In the case of a positive test result on a confirmatory test, the employee shall be subject to discipline which, includes, but is not limited to, immediate suspension without pay and immediate discharge, pursuant to the provisions of this policy.
 
3. The school district may not discharge an employee for whom a positive test result on a confirmatory test was the first such result for the employee on a drug or alcohol or cannabis test requested by the school district, unless the following conditions have been met:
 
a. the school district has first given the employee an opportunity to participate in, at the employee's own expense or pursuant to coverage under an employee benefit plan, either a drug, alcohol, or cannabis counseling or rehabilitation program, whichever is more appropriate, as determined by the school district after consultation with a certified chemical counselor or a physician trained in the diagnosis and treatment of chemical dependency; and
 
b. the employee has either refused to participate in the counseling or rehabilitation program or has failed to successfully complete the program, as evidenced by withdrawal from the program before its completion or by a positive test result on a confirmatory test after completion of the program.
 
4. Notwithstanding paragraph 1., the school district may temporarily suspend the tested employee or transfer that employee to another position at the same rate of pay pending the outcome of the confirmatory test and, if requested, the confirmatory retest, provided the school district believes that it is reasonably necessary to protect the health or safety of the employee, co-employees or the public. An employee who has been suspended without pay must be reinstated with back pay if the outcome of the confirmatory test or requested confirmatory retest is negative.
 
5. The school district may not discharge, discipline, discriminate against, request, or require rehabilitation of an employee on the basis of medical history information or the employee's status as a patient enrolled in the medical cannabis registry program revealed to the school district, unless the employee was under an affirmative duty to provide the information before, upon, or after hire, or failing to do so would violate federal law or regulations or cause the school district to lose money or licensing-related benefit under federal law or regulations.

6. The school district may not discriminate against any employee in termination, discharge, or any term of condition of employment or otherwise penalize an employee based upon an employee registered patient’s positive drug test for cannabis components or metabolites, unless the employee used, possessed, or was impaired by medical cannabis on school district property during the hours of employment.

7. An employee must be given access to information in the employee's personnel file relating to positive test result reports and other information acquired in the drug and alcohol testing process or cannabis testing process and conclusions drawn from and actions taken based on the reports or other acquired information.
 
G. Withdrawal of Job Offer for an Applicant for a Position That Does Not Require a Commercial Driver's License
 
If a job applicant has received a job offer made contingent on the applicant passing drug and alcohol testing, the school district may not withdraw the offer based on a positive test result from an initial screening test that has not been verified by a confirmatory test. In the case of a positive test result on a confirmatory test, the school district may withdraw the job offer.
 
H. Chain-of-Custody Procedures
 
The school district has established its own reliable chain-of-custody procedures to ensure proper record keeping, handling, labeling, and identification of the samples to be tested. The procedures require the following:
 
1. possession of a sample must be traceable to the employee from whom the sample is collected, from the time the sample is collected through the time the sample is delivered to the laboratory;
 
2. the sample must always be in the possession of, must always be in view of, or must be placed in a secure area by a person authorized to handle the sample;
 
3. a sample must be accompanied by a written chain-of-custody record; and
 
4. individuals relinquishing or accepting possession of the sample must record the time the possession of the sample was transferred and must sign and date the chain-of-custody record at the time of transfer.
 
I. Privacy, Confidentiality and Privilege Safeguards
 
1. Privacy Limitations
 
A laboratory may only disclose to the school district test result data regarding the presence or absence of drugs, alcohol or their metabolites in a sample tested.
 
2. Confidentiality Limitations
 
With respect to employees and job applicants, test result reports and other information acquired in the drug or alcohol testing process are private data on individuals as that phrase is defined in Minnesota Statutes, Chapter 13, and may not be disclosed by the school district or laboratory to another employer or to a third-party individual, governmental agency, or private organization without the written consent of the employee or job applicant tested.
 
3. Exceptions to Privacy and Confidentiality Disclosure Limitations
 
Notwithstanding paragraphs 1. and 2., evidence of a positive test result on a confirmatory test may be: (1) used in an arbitration proceeding pursuant to a collective bargaining agreement, an administrative hearing under Minnesota Statute Chapter 43A or other applicable state or local law, or a judicial proceeding, provided that information is relevant to the hearing or proceeding; (2) disclosed to any federal agency or other unit of the United States government as required under federal law, regulation or order, or in accordance with compliance requirements of federal government contract; and (3) disclosed to a substance abuse treatment facility for the purpose of evaluation or treatment of the employee.
 
4. Privilege
 
Positive test results from the school district drug or alcohol testing program may not be used as evidence in a criminal action against the employee or job applicant tested.
 
J. Notice of Testing Policy to Affected Employees
 
The school district shall provide written notice of this drug, alcohol, and cannabis testing policy to all affected employees upon adoption of the policy, to a previously non-affected employee upon transfer to an affected position under the policy, and to a job applicant upon hire and before any testing of the applicant if the job offer is made contingent on the applicant passing drug and alcohol testing. Affected employees and applicants will acknowledge receipt of this written notice in the form of Attachment G to this policy.
 
V. POSTING
 
The school district shall post notice in an appropriate and conspicuous location on school district premises that the school district has adopted a drug and alcohol testing policy and that copies of the policy are available for inspection during regular business hours by its employees or job applicants in the school district's human resource department or other suitable locations.
 
Legal References: Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)
Minn. Stat. Ch. 43A (State Personnel Management)

Minn. Stat. § 151.72 (Sale of Certain Cannabinoid Products)

Minn. Stat. § 152.01 (Definitions)

Minn. Stat. § 152.22 (Definitions; Medical Cannabis) 
Minn. Stat. § 152.23 (Limitations; Medical Cannabis) 
Minn. Stat. § 152.32 (Protections for Registry Program Participation) 

Minn. Stat. § 176.011, subd. 16 (Definitions; Personal Injury)

Minn. Stat. 181.950-181.957 (Drug and Alcohol Testing in the Workplace)
Minn. Stat. 221.031 (Motor Carrier Rules)
Minn. Stat. 152.32 (Protections for Registry Program Participation) 
Minn. Stat. 155.22 (Medical Cannabis; Definition)
Minn. Stat. 155.23 (Medical Cannabis; Limitations) 
49 U.S.C. 31306 (Omnibus Transportation Employee Testing Act of 1991)

49 U.S.C. 31306a (National Clearinghouse for Controlled Substance and Alcohol Test Results of Commercial Motor Vehicle Operators)

49 U.S.C. 521(b) (Civil and Criminal Penalties for Violations) 49 U.S.C. 31306 (Omnibus Transportation Employee Testing Act of 1991)
49 C.F.R. Parts 40 and 382 (Department of Transportation Rules Implementing Omnibus Transportation Employee Testing Act of 1991
49 C.F.R. Part 382 (Controlled Substances and Alcohol Use and Testing)
 
Cross References:
Moorhead School Board Policy 406: Public and Private Personnel Data
Moorhead School Board Policy 417: Chemical Use and Abuse
Moorhead School Board Policy 418: Drug-Free Workplace/Drug-Free Schools
MSBA/MASA Model Policy 403 (Discipline, Suspension, and Dismissal of School District Employees)
MSBA/MASA Model Policy 406 (Public and Private Personnel Data)
MSBA/MASA Model Policy 417 (Chemical Use and Abuse)

MSBA/MASA Model Policy 418 (Drug-Free Workplace/Drug-Free School)

Drug-Free Workplace/Drug-Free School
Type: School Board Policy
Section: 400 EMPLOYEES/PERSONNEL
Code: 418
Adopted Date: 6/24/1995
Revised Date(s): 10/13/2008, 12/15/2014, 05/08/2017, 03/19/2020, 08/04/2022, 08/16/2022, 09/13/2022, 08/29/2023
Reviewed Date(s): 02/12/2001, 01/24/2005, 02/11/2008, 10/13/2008, 12/15/2014, 05/08/2017, 03/19/2020, 09/13/2022, 08/29/2023
Attachments:

I. PURPOSE

The purpose of this policy is to maintain a safe and healthful environment for employees and students of Moorhead Area Public Schools by prohibiting the use of alcohol, toxic substances, medical cannabis, nonintoxicating cannabinoids, and controlled substances without a physician prescription.

II. GENERAL STATEMENTS

A. Use or possession of alcohol-controlled substances, toxic substances, medical cannabis, nonintoxicating cannabinoids (including edible cannabinoid products) and alcohol before, during, or after school hours, at school or in any other school location, is prohibited as general policy. Paraphernalia associated with controlled substances is prohibited.

B. A violation of this policy occurs when any student, teacher, administrator, or other school district personnel, or member of the public uses or possesses alcohol, toxic substances, controlled substances, or medical cannabis nonintoxicating cannabinoids (including edible cannabinoid products) in any school location.

C. An individual may not use or possess cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products in a public school, as defined in Minnesota Statutes, section 120A.05, subdivisions 9, 11, and 13, including all facilities, whether owned, rented, or leased, and all vehicles that the school district owns, leases, rents, contracts for, or controls.

D. The school district will act to enforce this policy and to discipline or take appropriate action against any student, teacher, administrator, school personnel, or member of the public who violates this policy.

III. DEFINITIONS

A. "Alcohol" includes any alcoholic beverage, containing more than one-half of one percent alcohol by volume.


B. "Controlled Substances" include narcotic drugs, hallucinogenic drugs, amphetamines, barbiturates, marijuana, anabolic steroids, or any other controlled substance as defined in Schedules I through V of the Controlled Substances Act, 21 United States Code section 812, including analogues and look-alike drugs.

C. “Edible cannabinoid product” means any product that is intended to be eaten or consumed as a beverage by humans, contains a cannabinoid in combination with food ingredients, and is not a drug.

 

D. “Nonintoxicating cannabinoid” means substances extracted from certified hemp plants that do not produce intoxicating effects when consumed by injection, inhalation, ingestion, or by any other immediate means.

 

E. “Medical Cannabis” means any species of the genus cannabis plant, or any mixture or preparation of them, including whole plant extracts and resins, and is delivered in the form of: (1) liquid, including, but not limited to, oil; (2) pill; (3) vaporized delivery method with use of liquid or oil but which does not require the use of dried leaves or plant form; or (4) combustion with use of dried raw cannabis; or (5) any other method, excluding smoking, approved by the Commissioner.


F . "Possess" means to have on one's person, in one's effects, or in an area subject to one's control.

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

 
H.  “Sell” means to sell, give away, barter, deliver, exchange, distribute or dispose of to another, or to manufacture; or to offer or agree to perform such an act, or to possess with intent to perform such an act.
 
I. "Toxic Substances" includes: (1) glue, cement, tobacco, aerosol paint, containing toluene, benzene, xylene, amyl nitrate, butyl nitrate, nitrous oxide, or containing other aromatic hydrocarbon solvents, but does not include glue, cement, or paint contained in a packaged kit for the construction of a model automobile, airplane, or similar item; (2) butane or a butane lighter; or (3) any similar substance declared to be toxic to the central nervous system and to have a potential for abuse, by a rule adopted by the commissioner of health.
 

J . "Use" means to sell, buy, distribute, dispense, be under the influence of, or consume in any manner, including, but not limited to, consumption by injection, inhalation, ingestion, or by any other immediate means.


IV. EXCEPTIONS

A. A violation of this policy does not occur when a person brings onto a school location, for such person's own use, a controlled substance, except medical cannabis, nonintoxicating cannabinoids, or edible cannabinoid products, which has a currently accepted medical use in treatment in the United States and the person has a physician prescription for the substance. The person shall comply with the relevant procedures of this policy.

B. A violation of this policy does not occur when a person possesses an alcoholic beverage in a school location when the possession is within the exceptions of Minnesota Statute 624.701, Subd. 1a (experiments in laboratories).
 
C. A violation of this policy does not occur when a person uses or possesses a toxic substance unless they do so with the intent of inducing or intentionally aiding another in inducing intoxication, excitement, or stupefaction of the central nervous system, except under the direction and supervision of a medical doctor.

V. PROCEDURES

A. Students who have a prescription from a physician for medical treatment with a controlled substance, except medical cannabis, nonintoxicating cannabinoids, or edible cannabinoid products, must comply with the school district’s student medication policy.  Students who have a prescription from a physician for medical treatment with a controlled substance, except medical cannabis, nonintoxicating cannabinoids, or edible cannabinoid products, must provide a copy of the prescription and the medication to the school nurse or building administrator or other designated staff to be kept on file, along with other emergency information. The Moorhead Area Public Schools licensed school nurse, trained health clerk, building administrator or teacher will administer the prescribed medication except medical cannabis, nonintoxicating cannabinoids, or edible cannabinoid products in accordance with school district procedures. It is the responsibility of the student to provide a copy of a renewal after prescription has expired.

B. Employees who have a prescription from a physician for medical treatment with a controlled substance, except medical cannabis, nonintoxicating cannabinoids, or edible cannabinoid products, are permitted to possess such controlled substances and associated necessary paraphernalia, such as an inhaler or syringe. The employee must inform his or her supervisor. The employee may be required to provide a copy of the prescription.

C. Each employee shall be provided with written notice of this Drug-Free Workplace/Drug-Free School policy and shall be required to acknowledge that he or she has received the policy.

D. Employees are subject to the school district's drug and alcohol testing policies and procedures.

E. Members of the public are not permitted to possess controlled substances, intoxicating cannabinoids, or edible cannabinoid products in a school location except with the express permission of the Superintendent.

F. No person is permitted to possess or use medical cannabis, intoxicating cannabinoids, or edible cannabinoid products on a school bus or van, on the grounds of any preschool or primary or secondary school, or on the grounds of any childcare facility. This prohibition includes (1) vaporizing or combusting medical cannabis on any form of public transportation where the vapor or smoke could be inhaled by a minor child or in any public place, including indoor or outdoor areas used by or open to the general public or place of employment; and (2) operating, navigating, or being in actual physical control of any motor vehicle or working on transportation property, equipment or facilities while under the influence of medical cannabis, intoxicating cannabinoids, or edible cannabinoid products.
 
G. Possession of alcohol on school grounds pursuant to the exceptions of Minnesota Statute 624.701, subdivision 1a, shall be by permission of the Moorhead School Board only. The applicant for permission shall apply in writing and shall follow School Board procedures for placing an item on the agenda.

VI. SCHOOL PROGRAMS

A. Starting in the 2026-2027 school year, the school district must implement a comprehensive education program on cannabis use and substance use, including but not limited to the use of fentanyl or mixtures containing fentanyl, for students in middle school and high school. The program must include instruction on the topics listed in Minnesota Statutes, section 120B.215, subdivision 1 and must:

  1. respect community values and encourage students to communicate with parents, guardians, and other trusted adults about cannabis use and substance use, including but not limited to the use of fentanyl or mixtures containing fentanyl; and

  1. refer students to local resources where students may obtain medically accurate information about cannabis use and substance use, including but not limited to the use of fentanyl or mixtures containing fentanyl, and treatment for a substance use disorder.

B. School district efforts to develop, implement, or improve instruction or curriculum as a result of the provisions of this section must be consistent with Minnesota Statutes, sections 120B.10 and 120B.11.

C. Notwithstanding any law to the contrary, the school district shall have a procedure for a parent, a guardian, or an adult student 18 years of age or older to review the content of the instructional materials to be provided to a minor child or to an adult student pursuant to this article. The district must allow a parent or adult student to opt out of instruction under this article with no academic or other penalty for the student and must inform parents and adult students of this right to opt out.

VI. ENFORCEMENT

A. Students
 

1. Students may be required to participate in programs and activities that provide education against the use of alcohol, tobacco, marijuana, smokeless tobacco products, electronic cigarettes, and nonintoxicating cannabinoids and edible cannabinoid products.


2. Students may be referred to drug or alcohol assistance or rehabilitation programs; school-based mental health services, mentoring and counseling, including early identification of mental health symptoms, drug use and violence and appropriate referral to direct individual or group counseling service. which may be provided by school-based mental health services providers; and/or referral to law enforcement officials when appropriate.


3. A student who violates the terms of this policy shall be subject to discipline in accordance with the school district's discipline policy. Such discipline may include suspension or expulsion from school.

B. Employees 
 
1. As a condition of employment in any federal grant, each employee who is engaged either directly or indirectly in performance of a federal grant shall abide by the terms of this policy and shall notify his or her supervisor in writing of his or her conviction of any criminal drug statute for a violation occurring in any of the places listed above on which work on a school district federal grant is performed, no later than five (5) calendar days after such conviction. Conviction means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the federal or state criminal drug statutes. 
 
2. An employee who violates the terms of this policy is subject to disciplinary action, including nonrenewal, suspension, termination or discharge as deemed appropriate by the School Board.

3. In addition, any employee who violates the terms of this policy may be required to satisfactorily participate in a drug and/or alcohol assistance abuse assistance or rehabilitation program approved by the school district. Any employee who fails to satisfactorily participate in and complete such a program is subject to nonrenewal, suspension or termination as deemed appropriate by the School Board.

4. Sanctions against employees, including nonrenewal, suspension, termination or discharge shall be pursuant to and in accordance with applicable statutory authority, collective bargaining agreements and school district policies.

C. The Public

A member of the public who violates this policy shall be informed of the policy and asked to leave. If necessary, law enforcement officials will be notified and asked to provide an escort.


Legal References:
Minn. Stat. 120B.215 (Education on Cannabis Use and Substance Use)
Minn. Stat. 121A.22 (Administration of Drugs and Medicine)
Minn. Stat. § 121A.40-§ 121A.56 (Pupil Fair Dismissal Act)
Minn. Stat. § 151.72 (Sale of Certain Cannabinoid Products)
Minn. Stat. § 152.01, Subd. 15a (Definitions)
Minn. Stat. § 152.0264 (Cannabis Sale Crimes)
Minn. Stat. 152.22, Subd 6 (Definitions; Medical Cannabis)
Minn. Stat. 152.23 (Limitations; Medical Cannabis)
Minn. Stat. § 169A.31 (Alcohol-Related School Bus or Head Start Bus Driving)
Minn. Stat. § 340A.101 (Definitions; Alcoholic Beverage)
Minn. Stat. 340A.403 (3.2 Percent Malt Liquor Licenses)
Minn. Stat. 340A.404 (Intoxicating Liquor; On-Sale Licenses)
Minn. Stat. § 342.09 (Personal Adult Use of Cannabis)
Minn. Stat. § 342.56 (Limitations)
Minn. Stat. 609.684 ( Abuse of Toxic Substances)
Minn. Stat. 624.701 (Alcohol in Certain Buildings or Grounds)
20 U.S.C. § 7101-7122 (Student Support and Academic Enrichment Grants)
21 U.S.C. 812 (Schedules of Controlled Substances)
21 C.F.R. 1308.11-1308.15 (Controlled Substances)
34 C.F.R. Part 84 (Government-wide Requirements for Drug-Free Workplace)
41 U.S.C. 8101-8106 (Drug-Free Workplace Act)

Cross References:
Moorhead School Board Policy 417: Chemical Use and Abuse
Moorhead School Board Policy 416: Employee Drug and Alcohol Testing
Moorhead School Board Policy 516: Student Medication
Moorhead School Board Policy 506: Student Discipline
Moorhead School Board Policy 419: Tobacco-Free Environment
MSBA/MASA Model Policy 418 (Drug-Free Workplace/Drug-Free School)
MSBA/MASA Model Policy 403 (Discipline, Suspension, and Dismissal of School District Employees)
Early Admission Application
Type: Administrative Procedure
Section: 500 STUDENTS
Code: 513.1
Adopted Date: 12/16/1996
Revised Date(s): 05/11/2009
Reviewed Date(s): 07/05/2001, 05/11/2009, 04/10/2017
Attachments:
Adm. Procedure is attached.
Electronic Communications Between Employees and Students
Type: School Board Policy
Section: 400 EMPLOYEES/PERSONNEL
Code: 448
Adopted Date: 5/14/2012
Revised Date(s): 04/10/2017, 04/21/2020, 05/12/2020, 12/13/2022
Reviewed Date(s): 04/10/2017, 04/21/2020, 11/16/2022, 11/22/2022, 12/13/2022
Attachments:
I. PURPOSE
 
The purpose of this policy is to set forth guidelines for appropriate electronic communications between employees and students.
 
II. GENERAL STATEMENT
 
The Moorhead School Board requires that all communications between employees and students be appropriate and in accordance with state law. All electronic or any other communications by employees to students at any time are expected to be professional, acceptable in content to any reasonable person, and limited to information that is school-related or is acceptable to both student and parent.
 
All electronic communication, including electronic mail, SMS/MMS text message, messaging websites and apps and voice-based telephone calls by an employee in the district to a student enrolled in the district relative to the educational services provided to the student shall use a means provided by, "approved by," or otherwise made available by Moorhead Area Public Schools for this purpose. The School Board shall prohibit the use of all such systems to electronically communicate with a student for a purpose not related to such educational services, except communication with an immediate family member.

Any electronic communication made by an employee to a student enrolled in the district or that is received by an employee from a student enrolled in the district using a means other than one provided by or made available by the school district shall be reported by the employee in a manner deemed appropriate by the district. Records of any such reported communication shall be maintained by the district for a period of at least one (1) year.

III. DEFINITIONS

A. “Electronic Communication” means any direct communication facilitated by voice, video or text-based telecommunication devices, or both, computers, as well as those devices that facilitate indirect communication using an intermediate method, including but not limited to Internet-based social networks. It shall also include transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature in whole or in part by wire, radio, electromagnetic, photoelectric, or photo-optical system and pertains to both personal and district-issued devices.

B. “Electronic Mail” and/or SMS/MMS text message is the transmission of information or communication by use of the Internet, computers, a facsimile (FAX) machine, a pager, a cellular telephone, a video recorder, or any other electronic device or means sent to a person identified by a unique address or address number and received by that person.

C. "Improper or Inappropriate Communications" is any communication between an employee and a student, regardless of who initiates the communication, that may be viewed as derogatory, sexual or lewd in content, threatening or harassing, discriminatory, simple fraternization, or suggestive in nature.

D. “Social Networks” are locations on the Internet where users may interact with other users; examples are Facebook, Instagram, Twitter, YouTube, SnapChat, LinkedIn, Vimeo, and any other social network sites available on the Internet.

E. Computers pertain to any and all electronic devices, including portable, handheld, wearable, or other internet or cellular-capable hardware.

F. District-owned electronic device pertains to any computing device purchased with school district funds and provided for student and/or employee use.

G. Personal electronic device pertains to an electronic computing device not funded with school district funds that is used on school grounds or for educational purposes by the student or employee.

IV. INAPPROPRIATE COMMUNICATIONS

The policy is not intended to limit the use of technology as an effective teaching and communication tool. However, the School Board is aware that the reputations and careers of students and educators have been damaged due to inappropriate communications between parties. Therefore, it is the intent of the School Board to make all employees and students aware of the expectations and procedures of the school district and the School Board in regard to proper use of all telecommunication devices and computers if used to communicate with one another.

In addition to reporting communication to or from students not made through the means provided by the school district, employees must report to their supervisor, at the first opportunity available, any student-initiated communication that may be construed as inappropriate.

Employees shall be required to comply with all policies, procedures, and practices established by the School Board regarding direct communications with a student, and any failure to do so may result in disciplinary action, up to and including termination of employment. Should an employee’s failure to comply also violate state or federal law, the Superintendent or his/her designee shall report such violation to the proper authorities.

A. Violations

1. Any violation of this policy shall be immediately investigated by the employee's supervisor. The investigation shall include dates, the name of the person reporting the allegation, and the specific allegation made.

2. The supervisor shall meet with the employee to document his/her response to the allegation.

3. All information of the investigation shall be provided to the Superintendent and the Executive Director of Human Resources by the employee's supervisor.

Violations of this policy or any implementing regulations or procedures may result in discipline of the employee up to and including termination of employment

V. NOTIFICATION
 
 Employees and students can access school district policy related to electronic communication in the online employee and student handbooks.

 

Legal References:
Minnesota Administrative Rule 8700.7500 (Code of Ethics for Minnesota Teachers)
15 U.S.C. 6501 et seq. (Children's Online Privacy Protection Act)
17 U.S.C. 101 et seq. (Copyrights)
20 U.S.C. 6751 et seq. (Enhancing Education through Technology Act of 2001)
47 U.S.C. 254 (Children's Internet Protection Act of 2000 (CIPA))
47 C.F.R. 54.520 (FCC Rules Implementing CIPA)
Minn. Stat. 121A.0695 (School Board Policy; Prohibiting Intimidation and Bullying)
Minn. Stat. 125B.15 (Internet Access for Students)
Minn. Stat. 125B.26 (Telecommunications/Internet Access Equity Act)
 

Cross References:
East Baton Rouge Parish School Board Policy GAMIA (Electronic Communications Between Employees and Students)

Moorhead School Board Policy 414: Employee Public and Private Personnel Data
Moorhead School Board Policy 447: Employee Responsible Use of Social Media
Moorhead School Board Policy 502: Student Disability Nondiscrimination
Moorhead School Board Policy 503: Student Parental, Family and Marital Status Nondiscrimination
Moorhead School Board Policy 504: Protection and Privacy of Student Records

Moorhead School Board Policy 534: Mandated Reporting of Child Neglect or Physical or Sexual Abuse
Moorhead School Board Policy 535: Maltreatment of Vulnerable Adults
Moorhead School Board Policy 551: Student Discipline

Moorhead School Board Policy 570: Prohibition of Harassment and Violence
Moorhead School Board Policy 601: Curriculum and Instruction Goals of Moorhead Area Public Schools
Moorhead School Board Policy 620: Selection of Textbooks and Instructional Materials Instruction and Instructional Resource Reevaluation
Moorhead School Board Policy 710: School District Crisis Management
Moorhead School Board Policy 730: School District Copyright
Moorhead School Board Policy 731: Electronic Network and Systems Responsible Use and Safety
Moorhead School Board Policy 906: Public Solicitation in Moorhead Area Public Schools

Employee Assistance
Type: School Board Policy
Section: 400 EMPLOYEES/PERSONNEL
Code: 426
Adopted Date: 4/6/1976
Revised Date(s): 01/14/2008, 05/13/2013, 04/11/2016, 11/16/2021, 12/15/2021
Reviewed Date(s): 03/09/1993, 04/13/1998, 02/09/2004, 01/14/2008, 05/13/2013, 04/11/2016, 12/10/2018, 12/15/2021
Attachments:

I. PURPOSE

The purpose of this policy is to outline a system of support for employees.

II. GENERAL STATEMENT
 
In most instances, the employee will overcome personal problems independently and the effect on job performance will be negligible. In other instances, normal assistance will serve either as motivation or guidance by which such problems can be resolved so the employee's job performance will return to an acceptable level. In some cases, however, the employee cannot resolve his/her problems and unsatisfactory performance persists.
 
 
The school district, employee associations and bargaining units believe it is in the best interest of the employee, the employee's family, students, and the school district that a framework for dealing with such problems be defined.
 
A. Any employee who has a concern which he/she feels may affect his/her work performance is encouraged to voluntarily seek counseling and information on a confidential basis by accessing the employee handbook or contacting the Department of Human Resources or your building administrator's office.

B. The school district, employee associations and bargaining units recognize that almost any human problem can be successfully resolved provided it is identified in its early stages and appropriate treatment/professional assistance is obtained. This applies whether the problem is one of physical illness, mental or emotional illness, finances, marital or family distress, alcoholism, drug abuse, legal problems, or other concerns.

C. Employees are assured that the services provided by the district's employee assistance program are confidential. This statement of policy by the school district is intended to encourage employees to utilize appropriate services before the problem affects their job performance.

D. Employees are assured that if such personal problems are the cause of unsatisfactory job performance, they will receive an offer of assistance to help resolve such problems in a confidential manner.

E. When it is noted that job performance has deteriorated or unsatisfactory changes have taken place (e.g. attendance problems) the supervisor of the employee in question should contact the Department of Human Resources. Subsequently, the supervisor should hold a conference with the employee and advise the employee of the following:

1. Specific job performance areas that are unsatisfactory and must be corrected.
 
2. That assistance is available if health/emotional problems are a contributing factor.
 
3. That failure to correct job performance may lead to disciplinary action by the school district.

F. If the employee's performance does not improve within a reasonable period of time, or the employee is unwilling to correct the situation, the school district may proceed with appropriate disciplinary action with respect to the job performance issues.

G. If the employee seeks treatment/assistance, the proposed disciplinary action may be held in abeyance and reviewed following the completion of treatment/assistance.

H. In instances when a doctor's statement specifies a need, sick leave shall be granted for treatment/assistance or rehabilitation on the same basis it is granted for ordinary health problems and as provided in any applicable collective bargaining agreement.

III. APPLICATION AND PROCEDURES

A. New employees are given information on how to access the school district's employee assistance program upon hire.

B. Current employees are directed to the school district's employee assistance program through the school district's extranet.

 
Legal References:
Minn. Stat. 122A.40 (Employment, Contracts; Termination) 
Minn. Stat. 13.43 (Personnel Data)
 
Cross Reference:
Moorhead School Board Policy 414: Employee Public and Private Personnel Data
Employee Authorization for Release of Private Information Form
Type: Administrative Procedure
Section: 400 EMPLOYEES/PERSONNEL
Code: 406.1
Adopted Date: 12/13/2004
Revised Date(s): 12/08/2008, 04/13/2015
Reviewed Date(s): 12/08/2008, 04/13/2015, 04/09/2018
Attachments:

Adm procedure attached.

Employee License Status
Type: School Board Policy
Section: 400 EMPLOYEES/PERSONNEL
Code: 424
Adopted Date: 8/12/2002
Revised Date(s): 01/08/2007, 05/09/2011, 11/10/2014, 04/09/2018, 05/18/2021, 08/29/2023
Reviewed Date(s): 01/08/2007, 05/09/2011, 11/10/2014, 04/09/2018, 04/20/2021, 08/29/2023
Attachments:

I. PURPOSE

The purpose of this policy is to ensure that qualified teachers are employed by the school district and to fulfill its duty to ascertain the licensure status of its teachers. 

II. GENERAL STATEMENT

A. A qualified teacher is one holding a valid license to perform the particular service for which the teacher is employed by the school district. 

B. No person shall be a qualified teacher until the school district verifies through the Minnesota education licensing system, available on the Minnesota Professional Educator Licensing and Standards Board website, that the person is a qualified teacher consistent with state law.

C. Moorhead Area Public Schools has a duty to ascertain the licensure status of its teachers and ensure the school district's teacher license files are up to date. Moorhead Area Public Schools has a procedure for annually reviewing its teacher license files to verify every teacher license file is current and appropriate to the particular service for which the teacher is employed in the school district.

D. The school district must annually report to the Professional Educator Licensing and Standards Board: (1) all new teacher hires and terminations, including layoffs, by race and ethnicity; and (2) the reasons for all teacher resignations and requested leaves of absence. The report must not include data that would personally identify individuals.

III. REQUIREMENTS

A. The Superintendent/designee shall establish a schedule for the annual review of teacher licenses.

B. Where it is discovered that a teacher's license will expire within one year from the date of the annual review, the department of human resources will advise the teacher in writing or electronic notification of the approaching expiration and that the teacher must complete the renewal process and file the license with the Superintendent/designee prior to the expiration of the current license. However, failure to provide this notice does not relieve the teacher from his/her duty and responsibility of ensuring that his/her teaching license is valid, current, and appropriate to his/her teaching assignment.

C. If it is discovered that a teacher's license has expired, the Superintendent/designee will immediately investigate the circumstances surrounding the lack of license and will take appropriate action. The teacher shall be advised that the teacher's failure to have the license reinstated will constitute gross insubordination, inefficiency, and willful neglect of duty which are grounds for immediate discharge from employment.

D. The duty and responsibility of maintaining a current and valid teaching license appropriate to the teaching assignment as required by this policy shall remain with the teacher, notwithstanding the Superintendent's/designee's failure to discover a lapsed license or license that does not support the teaching assignment. A teacher's failure to comply with this policy may be grounds for the teacher's immediate discharge from employment.

 
Legal References:

Minn. Stat. 122A.16 (Highly Qualified Teacher Defined)
Minn. Stat. 122A.22 (District Verification of Teacher Licenses)
Minn. Stat. 122A.40 (Employment; Contracts; Termination - Immediate Discharge)
Minn. Stat. 127A.42 (Reduction of Aid for Violation of Law)
Vettleson v. Special Sch. Dist. No. 1, 361 N.W.2d 425 (Minn. App. 1985)
Lucio v. School Bd. of Independent Sch. Dist. No. 625, 574 N.W.2d 737 (Minn. App. 1998)
In the Matter of the Proposed Discharge of John R. Statz (Christine D. VerPloeg), June 8, 1992, affirmed, 1993 WL 129639 (Minn. App. 1993)

Cross Reference:
MSBA/MASA Model Policy 424 (License Status) 
Employee Public and Private Personnel Data
Type: School Board Policy
Section: 400 EMPLOYEES/PERSONNEL
Code: 406
Adopted Date: 8/26/2002
Revised Date(s): 12/13/2004, 05/09/2011, 04/13/2015, 04/09/2018, 05/18/2021, 10/13/2021, 10/10/2023
Reviewed Date(s): 12/13/2004, 05/09/2011, 04/13/2015, 04/09/2018, 04/20/2021, 10/13/2021, 10/10/2023
Attachments:

I. PURPOSE

The purpose of this policy is to provide guidance to school district employees and the public as to information Moorhead Area Public Schools collects and maintains regarding its employees, volunteers, independent contractors, and applicants ("personnel").

II. GENERAL STATEMENT

A. All data on individuals collected, created, received, maintained or disseminated by the Moorhead Area Public Schools, which is classified by statute or federal law as public, shall be accessible to the public pursuant to the procedures established by the school district.

B. All other data on individuals is private or confidential.

III. DEFINITIONS

A. "Public" means the data is available to anyone who requests it.

B. "Private" means the data is not public and is accessible only to the following: the subject of the data, as limited by any applicable state or federal law; individuals within the school district whose work assignments reasonably require access; entities and agencies as determined by the reasonable authority who are authorized by law to gain access to that specific data; and entities or individuals given access by the express written direction of the data subject. 

C. "Confidential" means the data is not public and is not accessible to the subject.

D. "Parking space leasing data" means the following government data on an applicant for, or lessee of, a parking space: residence address, home telephone number, beginning and ending work hours, place of employment, location of parking space, and work telephone number.

E. "Personnel data" means government data on

individuals maintained because they are or were employees, applicants for employment, volunteers or independent contractors for the 

school district. Personnel data 

include data submitted by an employee to the school district as part of an organized self-

evaluation effort by the school district to request suggestions from all employees on ways to cut 

costs, make the school district more efficient, or to improve school district operations.


F. "Finalist" means an individual who is selected to be interviewed by the School Board for a position.

G. "Protected health information" means individually identifiable health information as defined in 45 Code of Federal Regulations, section 160.103, transmitted by electronic media, or transmitted or maintained in any other form or medium by a health care provider in connection with a transaction covered by 45 Code of Federal Regulations, Parts 160, 162, and 164. "Protected health information" excludes individually identifiable health information in education records covered by the Family Educational Rights and Privacy Act, employment records held by a school district in its role as employer, and records regarding a person who has been deceased for more than fifty (50) years. 
 
H. “Public officials” means business managers; human resource directors; athletic directors whose duties include at least fifty (50) percent of their time spent in administration, personnel, supervision, and evaluation; chief financial officers; directors; and individuals defined as superintendents and principals.

IV. PUBLIC PERSONNEL DATA

A. The following information on current and former employees, volunteers and independent contractors of the school district is public:
 
1. name;

2. employee identification number, which may not be the employee's Social Security number;

3. actual gross salary;

4. salary range;

5. terms and conditions of employment relationship;
 
6. contract fees;

7. actual gross pension;

8. the value and nature of employer-paid fringe benefits;

9. the basis for and the amount of any added remuneration, including expense reimbursement, in addition to salary;

10. job title;

11. bargaining unit;

12. job description;

13. education and training background;

14. previous work experience;

15. date of first and last employment;

16. the existence and status of any complaints or charges against the employee, regardless of whether the complaint or charge resulted in a disciplinary action;

17. the final disposition of any disciplinary action, as defined in Minnesota Statutes section 13.43, subdivision 2(b), together with the specific reasons for the action and data documenting the basis of the action, excluding data that would identify confidential sources who are employees of the school district;

18. the complete terms of any agreement settling any dispute arising out of the employment relationship, including superintendent buyout agreements, except that the agreement must include specific reasons for the agreement if it involves the payment of more than $10,000 of public money, and such agreement may not have the purpose or effect of limiting access to or disclosure of personnel data or limiting the discussion of information or opinions related to personnel data;

19. work location;

20. work telephone number

21. employee identification or badge number;

22. work-related continuing education;
 
23. honors and awards received; and

24. payroll timesheets or other comparable data that are used only to account for employee's work time for payroll purposes, except to the extent that release of timesheet data would reveal the employee's reasons for the use of sick or other medical leave or other not public data.

B. The following information on applicants for employment or advisory board/committee is public:

1. veteran status;

2. relevant test scores, if any;

3. rank on eligible list, if any;

4. job history;

5. education and training; and

6. work availability.

C. Names of applicants are private data except when certified as eligible for appointment to a vacancy or when they become finalists for an employment position.

D. Applicants for appointment to a public body:

1. Data about applicants for appointment to a public body are private data on individuals except that the following are public: 
 
a. name;
 
b. city of residence, except when the appointment has a residency requirement that requires the entire address to be public;
 
c. education and training;
 
d. employment history;
 
e. volunteer work;
 
f. awards and honors;
 
g. prior government service;
 
h. any data required to be provided or that are voluntarily provided in an application for appointment to a multimember agency pursuant to Minnesota Statutes section 15.0597; and
 
i. veteran status.
 
2. Once an individual is appointed to a public body, the following additional items of data are public:
 
a. residential address;
 
b. either a telephone number or electronic mail address where the appointee can be reached, or both at the request of the appointee;
 
c. first and last dates of service on the public body;
 
d. the existence and status of any complaints or charges against an appointee; and
 
e. upon completion of an investigation of a complaint or charge against an appointee, the final investigative report is public, unless access to the data would jeopardize an active investigation. 
 
3. Notwithstanding paragraph 2., any electronic mail address or telephone number provided by a public body for use by an appointee shall be public. An appointee may use an electronic mail address or telephone number provided by the public body as the designated electronic mail address or telephone number at which the appointee can be reached.
 
E. Regardless of whether there has been a final disposition as defined in Minnesota Statutes section 13.43, subdivision 2(b), upon completion of an investigation of a complaint or charge against a public official, as defined in Minnesota Statutes section 13.43, subdivision 2(e), or if a public official resigns or is terminated from employment while the complaint or charge is pending, all data relating to the complaint or charge are public, unless access to the data would jeopardize an active investigation or reveal confidential sources. Data relating to a complaint or charge against a public official is public only if:
 
(1) the complaint or charge results in disciplinary action or the employee resigns or is terminated from employment while the complaint or charge is pending; or
(2) Potential legal claims arising out of the conduct that is the subject of the complaint or charge are released as part of a settlement agreement.

V. PRIVATE PERSONNEL DATA

A. All other personnel data not listed in Section IV is private.

B. Data pertaining to an employee's dependents are private data.

C. Data created, collected or maintained by the school district to administer employee assistance programs are private.

D. Parking space leasing data with regard to data on individuals are private;
 
E. An individual's checking account number is private when submitted to a government entity.

F. Personnel data must be disseminated to labor organizations to the extent is necessary to conduct elections, investigate and process grievances, and implement the provisions of Minnesota Statutes chapters 179 and 179A. Personnel data shall be disseminated to labor organizations and Bureau of Mediation Services (BMS) to the extent of the dissemination is ordered or authorized by the Commissioner of the Bureau of Mediation Services. Employee Social Security numbers are not necessary to implement the provisions of Chapter 179 and 179A.
 

The home addresses, nonemployer issued phone numbers and email addresses, dates of birth,  and emails or other communications between exclusive representatives and their members, prospective members, and nonmembers are private data on individuals.

 

Dissemination of personnel data to a labor organization pursuant to Minnesota Statutes, section 13.43, subdivision 6, shall not subject the school district to liability under Minnesota Statutes, section 13.08.

 

Personnel data described under Minnesota Statutes, section 179A.07, subdivision 8, must be disseminated to an exclusive representative under the terms of that subdivision.


G. The school district may display a photograph of a current or former employee to prospective witnesses as part of the school district's investigation of any complaint or charge against the employee.

H. The school district may, if its responsible authority or designee reasonably determines that the release of personnel data is necessary to protect an employee from harm to self or to protect another person who may be harmed by the employee, release data that are relevant to the concerns for safety to:

1. the person who may be harmed and to the attorney representing the person when the data are relevant to obtaining a restraining order;

2. a pre-petition screening team conducting an investigation of the employee under Minnesota Statutes section 253B.07, subdivision 1; or

3. a court, law enforcement agency, or prosecuting authority.

I. Private personnel data or confidential investigative data on employees may be disseminated to a law enforcement agency for the purpose of reporting a crime or alleged crime committed by an employee or for the purpose of assisting law enforcement in the investigation of a crime or alleged crime committed by an employee.

J. A complainant has access to a statement provided by the complainant to the school district in connection with a complaint or charge against an employee. 

K. When allegations of sexual or other types of harassment are made against an employee, the employee does not have access to data that would identify the complainant or other witnesses if the responsible authority determines that the employee’s access to that data would:
 
1. threaten the personal safety of the complainant or a witness; or
 
2. subject the complainant or witness to harassment.
 
If a disciplinary proceeding is initiated against the employee, data on the complainant or witness shall be available to the employee as may be necessary for the employee to prepare for the proceeding.

L. The school district must report to the Minnesota Professional Educator Licensing and Standards Board or the Board of School Administrators, which has jurisdiction over teacher's or administrator's license, as required by Minnesota Statutes section 122A.20, subdivision 2, and shall, upon written request from the licensing board having jurisdiction over license, provide the licensing board with information about the teacher or administrator from the school district's files, any termination or disciplinary proceeding and, settlement or compromise, or any investigative file in accordance with Minnesota Statutes section 122A.20, subdivision 2.

M. Private personnel data shall be disclosed to the Department of Employment and Economic Development (DEED) for the purpose of administration of the reemployment insurance program under Minnesota Statutes Chapter 268.

N. When a report of alleged maltreatment of a student in an elementary, middle school, high school or charter school is made to the Commissioner of the Minnesota Department of Education (MDE) under Minnesota State Chapter 260E, data that are relevant and collected by the facility about the person alleged to have committed maltreatment must be provided to the Commissioner on request for purposes of an assessment or investigation of the maltreatment report. Additionally, personnel data may be released for purposes of providing information to a parent, legal guardian, or custodian of a child in accordance with MDE Screening Guidelines.

O. The school district shall release to a requesting school district or charter school private personnel data on a current or former employee related to acts of violence toward or sexual contact with a student, if

(1) an investigation conducted by or on behalf of the school district or law enforcement affirmed the allegations in writing prior to release and the investigation resulted in the resignation of the subject of the data; or

(2) the employee resigned while a complaint or charge involving the allegations was pending, the allegations involved acts of sexual contact with a student, and the employer informed the employee in writing, before the employee resigned, that if the employee resigns while the complaint or charge is still pending, the employer must release private personnel data about the employee’s alleged sexual contact with a student to a school district or charter school requesting the data after the employee applies for employment with that school district or charter school and the data remain classified as provided in Minnesota Statutes Chapter 13.

Data that are released under this paragraph must not include data on the student.

P. Data submitted by an employee to the school district to request suggestions from all employees on ways to cut costs, make the school district more efficient, or improve the school district operations is private data. An employee who is identified in a suggestion, however, shall have access to all data in the suggestion except the identity of the employee making the suggestion.

Q. Protected health information, as defined in 45 Code of Federal Regulations Parts 160 and 164, on employees is private and will not be disclosed except as permitted or required by law. 
 
R. Personal home contact information for employees may be used by the school district to ensure that an employee can be reached in the event of an emergency or other disruption affecting continuity of school district operations and may be shared with another government entity in the event of an emergency or other disruption to ensure continuity of operation for the school district or government entity. 
 
S. The personal telephone number, home address, and electronic mail address of a current or former employee of a contractor or subcontractor maintained as a result of a contractual relationship between the school district, and a contractor or subcontractor entered on or after August 1, 2012, are private data. These data must be shared with another government entity to perform a function authorized by law. The data also must be disclosed to a government entity or any person for prevailing wage purposes.

T. When a continuing contract teacher is discharged immediately because the teacher’s license has been revoked due to a conviction for child abuse or sexual offenses involving a child as set forth in Minnesota Statutes section 122A.40, subdivision 13(b)  or when the Commissioner of the Minnesota Department of Education (MDE) makes a final determination of child maltreatment involving a teacher under Minnesota Statutes, section 260E.21, subdivision 4 or 260E.35, the school principal or other person having administrative control of the school must include in the teacher’s employment record the information contained in the record of the disciplinary action or the final maltreatment determination, consistent with the definition of public data under Minnesota Statutes section 13.41, subdivision 5, and must provide the Minnesota Professional Educator Licensing and Standards Board and the licensing division at MDE with the necessary and relevant information to enable the Minnesota Professional Educator Licensing and Standards Board and MDE’s licensing division to fulfill their statutory and administrative duties related to issuing, renewing, suspending, or revoking a teacher’s license. In addition to the background check required under Minnesota Statutes section 123B.03, a school board or other school hiring authority must contact the  Minnesota Professional Educator Licensing and Standards Board and MDE to determine whether the teacher’s license has been suspended or revoked, consistent with the discharge and final maltreatment determinations. Unless restricted by federal or state data practices law or by the terms of a collective bargaining agreement, the responsible authority for a school district must disseminate to another school district private personnel data on a current or former teacher (employee or contractor) of the district, including the results of background investigations, if the requesting school district seeks the information because the subject of the data has applied for employment with the requesting school district.

VI. MULTIPLE CLASSIFICATIONS

If data on individuals is classified as both private and confidential by Minnesota Statutes Chapter 13 or any other state or federal law, the data is private.

VII. CHANGE IN CLASSIFICATIONS

The classification of data in the possession of the school district shall change if it is required to do so to comply with either judicial or administrative rules pertaining to the conduct of legal actions or with a specific statute applicable to the data in possession of the disseminating or receiving agency.

VIII. RESPONSIBLE AUTHORITY

The school district has designated the assistant superintendent of business and administrative services, telephone number 218/284-3355, as the authority responsible for personnel data. 
 
The responsible authority, or a school district employee if so designated, shall serve as the school district's data practices compliance official and, as such, shall be the employee to whom persons may direct questions or concerns regarding problems in obtaining access to data or other data practices problems.

IX. EMPLOYEE AUTHORIZATION/RELEASE FORM

An employee authorization form for release of information is included as Administrative Procedure 414.1: Employee Authorization for Release of Private Information Form.


Legal References:
Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)
Minn. Stat. 13.02 (Definitions)
Minn. Stat. 13.03 (Acess to Government Data)
Minn. Stat. 13.05 (Duties of Responsible Authority)
Minn. Stat. 13.37 (General Nonpublic Data)
Minn. Stat. 13.39 (Civil Investigation Data)
Minn. Stat. 13.41 (Licensing Data - Public Data)
Minn. Stat. 13.43 (Personnel Data)
Minn. Stat. 13.601, Subd. 3 (Officials Applicants for Employment)
Minn. Stat. 15.0597 (Appointment to Multimember Agencies)
Minn. Stat. 122A.20, Subd. 2 (Mandatory Reporting) 
Minn. Stat. 122A.40, Subds. 13 and 16 (Employment; Contracts; Termination)

Minn. Stat. § 123B.03 (Background Check) 

Minn. Stat. § 123B.143, Subd. 2 (Disclose Past Buyouts)

Minn. Stat. Ch. 179 (Minnesota Labor Relations Act) 

Minn. Stat. Ch. 179A (Minnesota Public Labor Relations Act) 

Minn. Stat. § 253B.07,(Judicial Commitment: Preliminary Procedures)
Minn. Stat. 626.556, Subd. 7 (Reporting of Maltreatment of Minors)

Minn. Stat. Ch. 268 (Unemployment Insurance)

Minn. R. Pt. 1205 (Data Practices)

P.L. 104-191 (HIPAA)
45 C.F.R. Parts 160, 162 and 164 (HIPAA Regulations)

Cross References:
Moorhead School Board Policy 722: Public Data Requests
Moorhead School Board Policy 416: Employee Drug and Alcohol Testing
Moorhead School Board Policy 450: Health Examination
Moorhead School Board Policy 426: Employee Assistance
Moorhead School Board Policy 515: Protection and Privacy of Student Records 
MSBA/MASA Model Policy 206 (Public Participation in School Board Meetings/Complaints about Persons at School Board Meetings and Data Privacy Considerations)
MSBA/MASA Model Policy 515 (Protection and Privacy of Pupil Records)
MSBA/MASA Model Policy 722 (Public Data Requests)
MSBA Law Bulletin “I” (School Records – Privacy – Access to Data)
Employee Publications, Instructional Materials, Inventions, and Creations
Type: School Board Policy
Section: 400 EMPLOYEES/PERSONNEL
Code: 409
Adopted Date: 9/26/1994
Revised Date(s): 12/12/2005, 12/14/2009, 04/14/2014, 04/21/2017
Reviewed Date(s): 12/14/1998, 11/12/2001, 12/12/2005, 12/14/2009, 04/14/2014, 04/10/2017, 05/12/2020, 12/13/2022
Attachments:
I. PURPOSE
 
The purpose of this policy is to identify and reserve the proprietary rights of Moorhead Area Public Schools to certain publications, instructional materials, inventions, and creations employees may develop or create, or assist in developing or creating, while employed by the school district.

II. GENERAL STATEMENT

Unless the employee develops, creates or assists in developing or creating a publication, instructional material, computer program, invention or creation entirely on the employee's own time and without the use of any school district facilities or equipment, the employee shall immediately disclose and, on demand of the school district, assign any rights to publications, instructional materials, computer programs, materials posted on websites, inventions or creations which the employee develops or creates or assists in developing or creating during the term of employee's employment and for one year thereafter. In addition, employees shall sign such documents and perform such other acts as may be necessary to secure the rights of the school district relating to such publications, instructional materials, computer programs, materials posted on websites, inventions and/or creations, including domestic and foreign patents and copyrights.
 
III. NOTICE OF POLICY
 
The school district shall give employees notice of this policy by such means as are reasonably likely to inform them of this policy.
 

Legal References:
17 U.S.C. 101 et seq. (Copyrights)
Minn. Stat. 181.78 (Agreements; Terms Relating to Inventions) 

Cross References:
Moorhead School Board Policy 441: Employee Use of Facilities for Private Gain
MSBA/MASA Model Policy 409 (Employee Publications, Instructional Materials, Inventions, and Creations)

Employee Responsible Use of Social Media
Type: School Board Policy
Section: 400 EMPLOYEES/PERSONNEL
Code: 447
Adopted Date: 5/14/2012
Revised Date(s): 04/10/2017, 04/21/2020, 05/12/2020, 04/11/2023
Reviewed Date(s): 04/10/2017, 04/21/2020, 11/15/2022, 03/17/2023, 04/11/2023
Attachments:
I. PURPOSE

The purpose of this policy is to ensure that employees are aware of and comply with the school district's expectations for personal and professional use of publicly available social media networks.

II. GENERAL STATEMENT

Moorhead Area Public Schools recognizes the importance of online social media networks as a communication and e-learning tool. The school district acknowledges the value of teacher inquiry, investigation, and innovation using new technology tools to enhance the learning experience. The district recognizes its obligation to teach and ensure the responsible and safe use of these technologies. Toward that end, the school district provides password-protected social media tools and district-approved technologies for e-learning and requires the use of district-provided tools for collaboration by employees.

The line between professional and personal relationships can be blurred within the context of social media. When employees choose to join or engage with school district students, families or fellow employees in a social media context that exists outside those approved by the district, they are advised to maintain their professionalism as district employees. Employees are responsible for their behavior or activity on these networks. Employees must report inappropriate student behavior, illegal actions or violations of school district policies governed by mandated reporting to their supervisor.

III. DEFINITIONS
 
A. “Public social media networks” are defined to include: websites, social networks, online forums, virtual worlds, and any other social media generally available to the public or consumers and which do not fall within Moorhead Area Public Schools network. Examples of public social media include (Facebook, Twitter, Snapchat, Instagram, LinkedIn, Vimeo, YouTube, and blogs).

B. “District-approved online engagement tools are those that fall within the Moorhead Area Public Schools network or which the school district has approved for educational or communications purposes. The district has greater authority and responsibility to protect minors from inappropriate content and can limit public access within this limited public forum. Examples include by are not limited to the following platforms: Apptegy, Schoology, Carousel, rSchools.

IV. REQUIREMENTS

Employees are expected to serve as positive ambassadors for our schools and to act as role models to students in this community. Because those on social media networks may view the employee as a representative of the schools and the district, Moorhead Area Public Schools requires employees to observe the following rules when referring to the school district, its schools, students, programs, activities, employees, volunteers and communities on any social media networks. Administrative Procedure 447.1: Social Media Guidelines for Employees contains additional guidelines:

A. The school district takes no position on employees’ decision to participate in the use of social media networks for personal use on personal time. However, the use of these media for personal use during district time and/or on district equipment is prohibited. In addition, employees must avoid posting any information or engaging in communications that violate state or federal laws, school district policies and procedures, and guidelines outlined in the employee handbook.

B. Public social media networks, outside of those sponsored by the school district, may not be used for classroom instruction or school-sponsored activities without the prior authorization of the Superintendent or designee and parental consent for student participation on public accessible social networks. The school district will maintain a list of acceptable social media network tools for instructional use on the Extranet. Moorhead Area Public Schools may use these tools and other communication technologies in fulfilling its responsibility for effectively communicating with the public.

C. An employee’s use of any social media network and an employee’s postings, displays, or communications on any social media network must comply with all state and federal laws, the website's terms of service, and any applicable district policies.
 
Employees are expected to be respectful and professional in all communications by word, image, or other means when using school district social media. 
 
Employees shall not use their district-provided email address for communications on public social media networks for personal use or without approval form the Superintendent or designee.
 
Employees must make clear that any views expressed online are the employee’s alone and do not necessarily reflect the views of the district. Employees may not act as a spokesperson for the district or post comments as a representative of the district, except as authorized by the Superintendent or the Superintendent’s designee or as appropriate for their role as a spokesperson or social media poster for the District. When authorized as a spokesperson for Moorhead Area Public Schools, employees must disclose their employment relationship with the district.
 
Employees may not disclose on any social media network information that is confidential or proprietary to the district, its students, or employees or that is protected by data privacy laws.
 
Employees may not use or post the district logo on any social media network without permission from the Superintendent or designee.
 
Employees may not post images on any social media network of co-workers without the co-workers’ consent., except for general images that may have been taken in the public arena, such as at sporting events or fine arts public performances etc.
 
Employees may not post images of students on any social media network without written parental consent, except for images of students taken in the public arena, such as at sporting events or fine arts public performances.
 
Employees may not post any nonpublic images of the district premises and property, including floor plans.
 
D. Moorhead Area Public Schools recognizes that student groups or members of the public may create social media accounts representing teams or groups within the district. When employees, including coaches/advisors, choose to join or engage with these social networking groups, they always do so as an employee of the district. Social Media sites representative of the school district must be approved by district administration. Current login and password information is available to the Department of Community Engagement and Public Relations as well as the Technology Department. Employees have responsibility for maintaining appropriate employee-student relationships at all times and have responsibility for addressing inappropriate behavior or activity on these networks. This includes acting to protect the safety of minors online. Employees shall annually disclose to the district the existence of and their participation in such networks. Employees are required to register their active district-related professional social media accounts under My Demographics on the Extranet. It is recommended that employees also register their personal social media networks as well.

1. When an official student group or team creates a social media site or team website for itself, the coach or advisor must request and secure the login, password, and recovery information for that online group. This will prevent, for example, dozens of out-of-date Twitter accounts for sports teams, as each year's team social designee has graduated and the social media account remains online, but not active.
 
E. An employee who is responsible for a social media network posting that fails to comply with the rules and guidelines set forth in this policy or as outlined in employee contract language may be subject to disciplinary action, up to and including termination. Employees will be held responsible for the disclosure, whether purposeful or inadvertent, of confidential or private information, information that violates the privacy rights or other rights of a third party, or the content of anything posted on any social media network.
 
F. Anything posted on an internet or social media site that is available to public view, such as the employee’s personal website, or other Internet content for which the employee is responsible, will be subject to all district policies, rules, regulations, and guidelines. Due to the public nature of websites and weblogs, the district is free to view and monitor an employee’s website or Web log at any time without consent or previous approval. 
 
 
Legal References:
Minnesota Administrative Rule 8700.7500 (Code of Ethics for Minnesota Teachers Children's Internet Protection Act)
15 U.S.C. 6501 et seq. (Children’s Online Privacy Protection Act)
17 U.S.C. 101 et seq. (Copyrights)
47 U.S.C. 254 (Children’s Internet Protection Act of 2000)
Minn. Stat. 121A.0695 (School Board Policy; Prohibiting Intimidation and Bullying)

Cross References:
Minnetonka School Board Policy 470 Employee Use of Social Media
Moorhead School Board Policy 414: Employee Public and Private Personnel Data
Moorhead School Board Policy 448: Electronic Communication Between Employees and Students
Moorhead School Board Policy 504: Protection and Privacy of Student Records
Moorhead School Board Policy 534: Mandated Reporting of Child Neglect or Physical or Sexual Abuse
Moorhead School Board Policy 535: Maltreatment of Vulnerable Adults
Moorhead School Board Policy 551: Student Discipline
Moorhead School Board Policy 570: Prohibition of Harassment and Violence
Moorhead School Board Policy 601: Curriculum and Instruction Goals of Moorhead Area Public Schools
Moorhead School Board Policy 620: Selection of Textbooks and Instructional Materials
Moorhead School Board Policy 730: School District Copyright
Moorhead School Board Policy 731: Electronic Network and Systems Responsible Use and Safety
Employee Right to Know - Exposure to Hazardous Substances
Type: School Board Policy
Section: 400 EMPLOYEES/PERSONNEL
Code: 407
Adopted Date: 11/13/1984
Revised Date(s): 04/09/2007, 05/09/2011, 04/13/2015, 05/18/2021
Reviewed Date(s): 04/26/1994, 12/14/1998, 01/27/2003, 04/09/2007, 05/09/2011, 04/13/2015, 04/09/2018, 04/20/2021
Attachments:

I. PURPOSE

The purpose of this policy is to provide school district employees a place of employment and conditions of employment free from recognized hazards that are likely to cause death or serious injury or harm (Minn. Stat. 182.653, Subd. 2).

II. GENERAL STATEMENT

It is the policy of this school district to provide information and training to employees who may be routinely exposed to a hazardous substance, harmful physical agent, infectious agent, or blood-borne pathogen.

III. DEFINITIONS

A. "Commissioner" means the Commissioner of Labor and Industry.

B. "Routinely Exposed" means that there is a reasonable potential for exposure during the normal course of assigned work or when an employee is assigned to work in an area where a hazardous substance has been spilled.

C. "Hazardous Substance" means a chemical or substance, or mixture of chemicals and substances, which:

1. is regulated by the Federal Occupational Safety and Health Administration under the Code of Federal Regulations; or

2. is either toxic or highly toxic; an irritant; corrosive; a strong oxidizer; a strong sensitizer; combustible; either flammable or extremely flammable; dangerously reactive; pyrophoric; pressure-generating; compressed gas; carcinogen; teratogen; mutagen; reproductive toxic agent; or that otherwise, according to generally accepted documented medical or scientific evidence, may cause substantial acute or chronic personal injury or illness during or as a direct result of any customary or reasonably foreseeable accidental or intentional exposure to the chemical or substance; or

3. is determined by the commissioner as a part of the standard for the chemical or substance or mixture of chemicals and substances to present a significant risk to worker health and safety or imminent danger of death or serious physical harm to an employee as a result of foreseeable use, handling, accidental spill, exposure, or contamination.

D. "Harmful Physical Agent" means a physical agent determined by the commissioner as a part of the standard for that agent to present a significant risk to worker health or safety or imminent danger of death or serious physical harm to an employee. This definition includes but is not limited to radiation, whether ionizing or nonionizing.

E. "Infectious Agent" means a communicable bacterium, rickettsia, parasites, virus, or fungus determined by the commissioner by rule, with approval of the commissioner of health, which according to documented medical or scientific evidence causes substantial acute or chronic illness or permanent disability as a foreseeable and direct result of any routine exposure to the infectious agent. Infectious agent does not include an agent in or on the body of a patient before diagnosis.

F. "Blood Borne-Pathogens" means a pathogenic microorganism that is present in human blood and can cause disease in humans. This definition includes, but is not limited to, hepatitis B virus (HBV) and human immunodeficiency virus (HIV).

IV. TARGET JOB CATEGORIES

Annual training will be provided to all full and part-time employees who are routinely exposed to a hazardous substance, harmful physical agent, infectious substance, and blood-borne pathogens as set forth above. (Refer to Administrative Procedure 424.1: Personal Protective Equipment.)

V. TRAINING SCHEDULE

Training will be provided to the following employees before beginning a job assignment as follows:

A. Any newly-hired employee assigned to a work area where he or she is determined to be "routinely exposed" under the guidelines above.

B. Any employee reassigned to a work area where he or she is determined to be "routinely exposed" under the guidelines above.

Legal References:
Minn. Stat. Ch. 182 (Occupational Safety and Health)
Minn. Rules Ch. 5205 (Safety and Health Standards)
Minn. Rules Ch. 5206 (Employee Right to Know Standards)
29 C.F.R 1910.1050, App. B (Substance Technical Guidelines)

Cross References:
Moorhead School Board Policy 425: Health and Safety Protection
Moorhead School Board Policy 531: Communicable Disease Control and Infectious Conditions
MSBA/MASE Model Policy 407 (Employee Right to Know - Exposure to Hazardous Substances) 
Employee Use of Facilities for Private Gain
Type: School Board Policy
Section: 400 EMPLOYEES/PERSONNEL
Code: 441
Adopted Date: 11/28/1989
Revised Date(s): 02/11/2008, 12/12/2011, 04/11/2016, 12/10/2018
Reviewed Date(s): 05/10/1994, 02/08/1999, 03/08/2004, 02/11/2008, 12/12/2011, 04/11/2016, 12/10/2018, 12/15/2021
Attachments:

I. PURPOSE

The purpose of this policy is to inform employees of Moorhead Area Public Schools that they shall not use school district buildings, equipment, or other technology for private gain. 

II. GENERAL STATEMENT

The use of public facilities for personal financial gain is a direct conflict of interest. Exceptions to this policy must have prior written approval from the executive director of human resources and operations. Corrective action will be taken to address willful violation of this policy. This process may include oral warnings, written warnings, suspension, demotion, or termination.

Legal Reference:
Minn. Stat. 122A.40 (Employment; Contracts; Termination)

Cross References:
Moorhead School Board Policy 440: Employee Publications, Instructional Materials, Inventions, and Creations
Moorhead School Board Policy 445: Employees as Vendors of School Supplies
Moorhead School Board Policy 702: Equal Access to Moorhead Area Public Schools Facilities
Moorhead School Board Policy 730: School District Copyright Policy
Moorhead School Board Policy 731: Moorhead Area Public Schools Electronic Network and Systems Responsible Use and Safety
Moorhead School Board Policy 732: Use of All School Equipment and Materials for Instructional Purposes Off School Premises
 
Employee-Student Relationships
Type: School Board Policy
Section: 400 EMPLOYEES/PERSONNEL
Code: 423
Adopted Date: 4/11/2016
Revised Date(s): 12/10/2018, 11/16/2021, 12/15/2021
Reviewed Date(s): 12/15/2021
Attachments:
I. PURPOSE
 
The purpose of this policy is to ensure employees are aware of and comply with expectations for professional relationships between students and staff.
 
II. GENERAL STATEMENT OF POLICY
 
The school district is committed to an educational environment in which all students are treated with respect and dignity. Every school district employee is to provide students with appropriate guidance, understanding, and direction while maintaining a standard of professionalism and acting within accepted standards of conduct.
 
A. This policy applies to all school district employees at all times, whether on or off duty and on or off of school district locations.
 
B. At all times, students will be treated by school district employees with respect, courtesy, and consideration and in a professional manner. Each school district employee is expected to exercise good judgment and professionalism in all interpersonal relationships with students. Such relationships must be and remain on a teacher-­student basis or an employee student basis.
 
C. Teachers must be mindful of their inherent positions of authority and influence over students. Similarly, other school district employees also may hold positions of authority over students of the school district and must be mindful of their authority and influence over students.
 
D. Sexual relationships between school district employees and students, without regard to the age of the student, are strictly forbidden and may subject the employee to criminal liability.
 
E. Other actions that violate this policy include, but are not limited to, the following:
 
1. Dating students.
2. Having any interaction/activity of a sexual nature with a student, including, but is not limited to, flirting; making suggestive comments; dating; requests for sexual activity; inappropriate touching; engaging in sexual contact and/or sexual relations; physical displays of affection; and giving inappropriate personal gifts.
3. Committing or attempting to induce students or others to commit an illegal act or act of immoral conduct which may be harmful to others or bring discredit to the school district.
4. Supplying alcohol or any illegal substance to a student, allowing a student access to such substances, or failing to take reasonable steps to prevent such access from occurring.
 
F. School district employees shall, whenever possible, employ safeguards against improper relationships with students and/or claims of such improper relationships. Safeguards may include the following: avoiding altogether or minimizing physical contact, keeping doors open when talking or meeting with students one­-on­-one, and/or making sure that such meetings with a student take place in rooms with windows and/or others nearby
 
G. Excessive informal and social involvement with individual students is unprofessional, is not compatible with employee-­student relationships, and is inappropriate. Unprofessional employee behavior includes, but is not limited to: frequent personal communication with a student (via phone, e­mail, letters, notes, etc.) unrelated to course work or official school matters. ("Frequent personal communication with a student unrelated to course work or official school matters" means any form in which that personal communication may occur including, but not limited to, voice or text-based communication via phone, e­mail, instant messaging, text messaging or through social networking websites.)
 
H. School district employees will adhere to applicable standards of ethics and professional conduct in Minnesota law.
 
III. REPORTING AND INVESTIGATION
A. Any person who believes he or she has been a victim of prohibited conduct or any person with knowledge or belief of conduct that may constitute prohibited conduct under this policy shall report the alleged acts immediately to the appropriate school district officials (teachers, administrators, coaches/advisors and other employees). A person may report a concern or complaint anonymously. However, the school district may not rely solely on an anonymous report to determine discipline or other remedial responses.
 
B. In Each School Building. The building administrator, the building administrator's designee, or the building supervisor (hereinafter the "building report taker") is the person responsible for receiving oral or written reports of conduct prohibited by this policy at the building level. Any adult school district personnel who receives a report of conduct prohibited by this policy shall inform the building report taker immediately. If the complaint involves the building report taker, the complaint shall be made or filed directly with the Superintendent or the school district human rights officer (executive director of human resources and operations) by the reporting party or complainant. The building report taker shall ensure that this policy and its procedures, practices, consequences, and sanctions are fairly and fully implemented and shall serve as a primary contact on policy and procedural matters.
 
C. Upon receipt of a report, the building report taker must notify the school district human rights officer (executive director of human resources and operations) immediately, without screening or investigating the report. The building report taker may request, but may not insist upon, a written complaint. A written statement of the facts alleged will be forwarded as soon as practicable by the building report taker to the human rights officer (executive director of human resources and operations). If the report was given verbally, the building report taker shall personally reduce it to written form within 24 hours and forward it to the human rights officer (executive director of human resources and operations). Failure to forward any report or complaint as provided herein may result in disciplinary action against the building report taker.
 
D. Nothing in this policy shall prevent any person from reporting a conduct violation directly to the school district's human rights officer (executive director of human resources and operations) or to the Superintendent.
 
E. Under certain circumstances, alleged incidents may also be possible abuse under Minnesota law. If so, the duties of mandatory reporting under Minn. Stat. 626.556 may be applicable.
 
F. All employees shall cooperate with any investigation of alleged acts, conduct, or communications in violation of this policy.
 
G. Nothing in this policy will prohibit the school district from taking immediate action to protect victims of alleged harassment, violence, or abuse.
 
H. Reports of conduct prohibited by this policy are classified as private educational and/or personnel data and/or confidential investigative data and will not be disclosed except as permitted by law.
 
IV. SCHOOL DISTRICT ACTION
 
Upon receipt of a report, Moorhead Area Public Schools will take appropriate action. Such action may include, but is not limited to, warning, suspension, exclusion, expulsion, transfer, remediation, termination, or discharge. Action also may include reporting to appropriate state or federal authorities, including the Board of Teaching or the appropriate licensing authority and appropriate agencies responsible for investigating reports of maltreatment of minors and/or vulnerable adults. School district action taken for violation of this policy will be consistent with requirements of applicable collective bargaining agreements, Minnesota and federal law, and school district policies.
 
V. SCOPE OF LIABILITY
 
Employees are placed on notice that if an employee acts outside the performance of the duties of the position for which the employee is employed or is guilty of malfeasance, willful neglect of duty, or bad faith, the school district is not required to defend and indemnify the employee for damages in school­-related litigation.
 
 
Legal References:
Minn. Stat. § 13.43, Subd. 16 (School District or Charter School Disclosure of Violence or Inappropriate Sexual Contact) 423­3
Minn. Stat. § 122A.20, Subd 2 (Mandatory Reporting to Minnesota Board of Teaching) 
Minn. Stat. § 122A.40, Subds. 5(b) and 13(b) (Mandatory immediate discharge of teachers with license revocations due to child or sex abuse convictions)
Minn. Stat. §§ 609.341­609.352 (Defining “intimate parts” and “position of authority” as well as detailing various sex offenses)
Minn. Stat. § 626.556 (Reporting of Maltreatment of Minors)
Minn. Stat. § 626.557 (Reporting of Maltreatment of Vulnerable Adults)
Minn. Rules Part 3512.5200 (Code of Ethics for School Administrators)
Minn. Rules Part 8710.2100(Code of Ethics for Minnesota Teachers)
 
Cross References:
Moorhead School Board Policy 447: Employee Responsible Use of Social Media
Moorhead School Board Policy 448: Electronic Communications Between Employees and Students
Moorhead School Board Policy 449: Gifts to Employees
Moorhead School Board Policy 534: Mandated Reporting of Child Neglect or Physical and Sexual Abuse
Moorhead School Board Policy 535: Maltreatment of Vulnerable Adults
Moorhead School Board Policy 551: Student Discipline
Moorhead School Board Policy 552: Corporal Punishment
Moorhead School Board Policy 570: Prohibition of Harassment and Violence
Moorhead School Board Policy 571: Hazing Prohibition
Moorhead School Board Policy 572: Drug-­Free Workplace/Drug-­Free School
Moorhead School Board Policy 578: Bullying Prohibition
Moorhead School Board Policy 731: Moorhead Area Public Schools Electronic Network and Systems Responsible Use and Safety
MSBA/MASA Model Policy 423 (Employee Student Relationships)
Employment Background Checks
Type: School Board Policy
Section: 400 EMPLOYEES/PERSONNEL
Code: 449
Adopted Date: 2/11/2002
Revised Date(s): 10/13/2008, 05/09/2011, 04/13/2015, 04/09/2018, 09/19/2022, 10/11/2022
Reviewed Date(s): 02/13/2006, 10/13/2008, 05/09/2011, 04/13/2015, 04/09/2018, 10/11/2022
Attachments:

I. PURPOSE

The purpose of this policy is to define the process for criminal background checks and identify who will be subject to criminal background checks when seeking employment or volunteering with Moorhead Area Public Schools.

II. GENERAL STATEMENT

A. The school district shall require that applicants for school district positions who receive an offer of employment and all individuals, except enrolled student volunteers, who are offered the opportunity to provide athletic coaching services or other extracurricular academic coaching services to the school district, regardless of whether any compensation is paid, submit to a criminal background check. The offer of employment or the opportunity to provide services shall be conditioned upon a determination by the school district that an individual's criminal history does not preclude the individual from employment with, or provision of services to, the school district. The school district may also elect to do criminal background checks of volunteers, independent contractors and student employees in the school district.

B. The school district specifically reserves any and all rights it may have to conduct criminal background checks regarding current employees, applicants, or service providers without the consent of such individuals.

C. Adherence to this policy by the school district shall in no way limit the school district's right to require additional information, or to use procedures currently in place or other procedures to gain additional background information concerning employees, applicants, coaches, volunteers, independent contractors, and student employees.

III. REQUIREMENTS

A. Under normal circumstances, an applicant will not commence employment until the school district receives the results of the criminal background check. The school district may conditionally hire an applicant pending completion of the criminal background check, but shall notify the applicant that the applicant's employment may be terminated based on the result of the criminal background check. Background checks will be performed by the Minnesota Bureau of Criminal Apprehension (BCA). The BCA shall conduct the background check by retrieving criminal history data as defined in Minnesota Statutes section 13.87. The school district reserves the right to also have criminal history background checks conducted by other organizations or agencies.

B. An applicant who is offered employment must sign a Background Investigation Authorization Form, which provides permission for the school district to conduct a criminal background check, and provide payment to the school district, at the election of the school district for the cost of conducting the criminal background check. The cost of the criminal history background check is the responsibility of the individual, unless the school district decides to pay the costs for a volunteer, an independent contractor, or a student employee. If the applicant fails to provide the school district with a signed Background Investigation Authorization Form and fee at the time the applicant receives a job offer, the applicant will be considered to have voluntarily withdrawn the application for employment.

C. The school district, at its discretion, may elect not to request a criminal background check on an applicant who holds an initial entrance license issued by the Minnesota Professional Educator Licensing and Standards Board or the Minnesota Commissioner of Education within the 12 months preceding an offer of employment or permission to provide services.

D. The school district may use the results of a criminal background check conducted at the request of another school hiring authority if:

1. the results of the criminal background check are on file with the other school hiring authority or otherwise accessible;

2. the other school hiring authority conducted a criminal background check within the previous 12 months;

3. the applicant executes a written consent form giving the school district access to the results of the check; and

4. there is no reason to believe that the applicant has committed an act subsequent to the check that would disqualify the applicant for employment.

E. For all nonstate residents who are offered employment with the school district, the school district shall request a criminal background check on such applicants from the superintendent of the Minnesota Bureau of Criminal Apprehension (BCA) and from the government agency performing the same function in the resident state, or if no government entity performs the same function in the resident state, from the Federal Bureau of Investigation. The offer of employment or the opportunity to provide services shall be conditioned upon a determination by the school district that an individual’s criminal history does not preclude the individual from employment with, or provision of services to, the school district. Such applicants must provide a completed criminal history consent form.

F. When required, applicants must provide fingerprints to assist in a criminal background check. If the fingerprints provided by the applicant are unusable, the applicant will be required to submit another set of prints.

G. Copies of this policy shall be available in the school district's human resources department and will be distributed to applicants for employment upon request. The need to submit to a criminal background check may be included with the basic criteria for employment or provision of services in the position posting and position advertisements.

H. The applicant will be informed of the results of the criminal background check(s) to the extent required by law.

I. If the criminal background check precludes employment with the school district, the applicant will be so advised in writing.

J. The school district may apply these procedures to volunteers, independent contractors or student employees as though they were applicants for employment.
 
K. At the beginning of each school year or when a student enrolls, the school district will notify parents and guardians about this policy and identify those positions subject to a background check and the extent of the school district’s discretion in requiring a background check. The school district may include this notice in its student handbook, a school policy guide, or other similar communication. A notice for this purpose is included with this policy.

IV. CRIMINAL HISTORY CONSENT FORM

A form to obtain consent for a criminal background check is available in the human resources department.


Legal References:
Minn. Stat. 13.04, Subd. 4 (Rights of Subjects of Data)
Minn. Stat. 13.87, Subd. 1 (Justice Data)

Minn. Stat. 123B.03 (Background Check)
Minn. Stat. 299C.60-299C.64 (Minnesota Child, Elder, and Individuals with Disabilities Protection Background Check Act)
Minn. Stat. 364.09(b) (Exception for School Districts)
 
Cross References:
Moorhead School Board Policy 410: Employment of Faculty and Staff
Moorhead School Board Policy 415: Part-Time and Substitute Staff Salaries
Moorhead School Board Policy 921: Student Teachers and Interns
Moorhead School Board Policy 721: Student Transportation Safety
MSBA/MASE Model Policy 404 (Employment Background Checks)
 
Employment Disability Nondiscrimination
Type: School Board Policy
Section: 400 EMPLOYEES/PERSONNEL
Code: 402
Adopted Date: 8/12/2002
Revised Date(s): 01/08/2007, 12/13/2010, 11/10/2014, 02/12/2018, 05/18/2021, 12/12/2023
Reviewed Date(s): 01/08/2007, 12/13/2010, 11/10/2014, 02/12/2018, 04/19/2021, 04/20/2021, 12/12/2023
Attachments:

I. PURPOSE

The purpose of this policy is to provide fair employment setting for all persons and to comply with state and federal law.

II. GENERAL STATEMENT

A. Moorhead Area Public Schools shall not discriminate against qualified individuals with disabilities, because of the disabilities of such individuals, in regard to job application procedures, hiring, advancement, discharge, compensation, retention, job training, or any other terms, conditions, and/or privileges of employment.

B. Moorhead Area Public Schools shall not engage in contractual or other arrangements that have the effect of subjecting its qualified applicants or employees with disabilities to discrimination on the basis of disability. The school district shall not exclude or deny equal jobs or job benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a relationship or association.

C. Moorhead Area Public Schools shall make reasonable accommodations for the known physical or mental limitations of a qualified individual with a disability who is an applicant or employee, unless the accommodation would impose undue hardship on the operation of the school district.

D. Any job applicant or employee wishing to discuss the need for a reasonable accommodation, or other matters related to a disability or the enforcement and application of this policy should contact:
 
Sue Winter, Director of Human Resources
Operations Center
1313 30th Ave So
Moorhead MN 56560
swinter@moorheadschools.org
 
Legal References:

29 U.S.C. 794 et seq. (Section 504 of the Rehabilitation Act of 1973)
42 U.S.C. Ch. 126, Section 12112 (Americans with Disabilities Act)
29 C.F.R. Part 32 (Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance)
34 C.F.R. Part 104 (Nondiscrimination on the Basis on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance)
Minn. Stat. Ch. 363A (Minnesota Human Rights Act)

Cross References:
Moorhead School Board Policy 102: State and Federal Law Prohibiting Discrimination
Moorhead School Board Policy 401: Equal Employment Opportunity Statement
Moorhead School Board Policy 402: Grievance Procedures for Equal Opportunity
MSBA/MASA Model Policy 402 (Disability Nondiscrimination Policy)
MSBA/MASA Model Policy 413 (Harassment and Violence)

Enrollment of Nonresident Students
Type: School Board Policy
Section: 500 STUDENTS
Code: 509
Adopted Date: 2/11/2002
Revised Date(s): 02/11/2008, 12/12/2011, 07/13/2015, 10/08/2018, 07/13/2021, 07/14/2021, 12/15/2021, 08/29/2023, 02/13/2024
Reviewed Date(s): 04/10/2006, 02/11/2008, 12/12/2011, 07/13/2015, 10/08/2018, 06/14/2021, 12/15/2021, 08/29/2023, 02/13/2024
Attachments:

I. PURPOSE

The purpose of this policy is to set forth the application and excursion used by the school district in making said determination. The school district desires to participate in the Enrollment Options Program (Open Enrollment) established by Minnesota Statutes 124D.03.

II. GENERAL STATEMENT

The School Board adopts specific standards for acceptance and rejection of Open Enrollment applications.

III. OPEN ENROLLMENT PROCESS 

A. Open Enrollment applications will be approved provided that acceptance of the application will not exceed the capacity of a program, excluding special education services; class; grade level; or school building as established by school board resolution and provided that:

1. space is available for the applicant under enrollment cap standards established by school board policy or other directive; and

2. in considering the capacity of a grade level, the school district may only limit the enrollment of nonresident students to a number not less than the lesser of: (a) one percent of the total enrollment at each grade level in the school district; or (b) the number of school district resident students at that grade level enrolled in a nonresident school district in accordance with Minnesota Statutes, section 124D.03.

3. the applicant is not otherwise excluded by action to the school district because of previous conduct in another school district.

B. If the school district limits enrollment of nonresident students pursuant to this section, the district shall report to the Commissioner of the Minnesota Department of Education (MDE) by July 15 on the number of nonresident pupils denied admission due to the limitations on the enrollment of nonresident pupils.

IV. BASIS FOR DECISIONS

A. Standards that may be used for rejection of application.

In addition to the provisions above, the school district may refuse to allow a pupil who is expelled under Minnesota Statutes, section 121A.45 to enroll during the term of the expulsion if the student was expelled for:

1. possessing a dangerous weapon, including a weapon, device, instruments, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade less than two and one-half inches in length, at school or a school function;

2. possessing or using an illegal drug at school or a school function;

3. selling or soliciting the sale of a controlled substance while at school or a school function; or

4. committing a third-degree assault involving assaulting another and inflicting substantial bodily harm.

B. Standards that may not be used for rejection of application.
 
1. previous academic achievement of a student;

2. athletic or extracurricular ability of a student;

3. disabling conditions of a student;

4. a student's proficiency in the English language;

5. the student's district of residence except where the district of residence is directly included in an enrollment options strategy included in an approved achievement and integration program; or

6. previous disciplinary proceedings involving the student. This shall not preclude the school district from proceeding with exclusion as set out in this policy.

C. Application.
 
The student and parent(s)/guardian(s) must complete and submit the "General Statewide Enrollment Options Application for K-12 and Early Childhood Special Education (or the Statewide Enrollment Options Application for State-funded Voluntary Prekindergarten (VPK) or School Readiness Plus (SRP) Application if applicable) developed by MDE and available on its website.

The school district may require a nonresident student enrolled in a program under Minnesota Statutes, section 125A.13, or in a preschool program, except for a program under Minnesota Statutes, section 124D.151 or Laws 2017, First Special Session chapter 5, article 8, section 9, to follow the application procedures under this subdivision to enroll in kindergarten. A district must allow a nonresident student enrolled in a program under Minnesota Statutes, section 124D.151 or Laws 2017, First Special Session chapter 5, article 8, section 9, to remain enrolled in the district when the student enters kindergarten without submitting annual or periodic applications, unless the district terminates the student's enrollment under subdivision 12.

The school district shall notify the parent or guardian in writing by February 15 or within ninety (90) days for applications submitted after January 15 in the case of achievement and integration district transfers whether the application has been accepted or rejected. If an application is rejected, the district must state in the notification the reason for rejection. The parent or guardian must notify the nonresident district by March 1 or within ten (10) business days whether the pupil intends to enroll in the nonresident district.

D. Lotteries.

 If a school district has more applications than available seats at a specific grade level, it must hold an impartial lottery following the January 15 deadline to determine which students will receive seats. The district must give priority to enrolling siblings of currently enrolled students, students whose applications are related to an approved integration and achievement plan, children of the school district's staff, and students residing in that part of a municipality (a statutory or home rule charter city or town) where:

1. the student's resident district does not operate a school building;
 
2. the municipality is located partially or fully within the boundaries of at least five school districts;
 
3. the nonresident district in which the student seeks to enroll operates one or more school buildings within the municipality and
 
4. no other nonresident, independent, special, or common school district operates a school building within the municipality.
 
E. Exclusion
 
1. Administrator's initial determination. If a school district administrator knows or has reason to believe that an applicant has engaged in conduct that has or could subject the applicant to expulsion or exclusion under law or school district policy, the administrator will transmit the application to the Superintendent with a recommendation of whether exclusion proceedings should be initiated.
 
2. Superintendent's review. The Superintendent may make further inquiries. If the Superintendent determines that the applicant should be admitted, he or she will notify the applicant and the School Board chair. If the Superintendent determines that the applicant should be excluded, the Superintendent will notify the applicant and determine whether the applicant wishes to continue the application process. Although an application may not be rejected based on previous disciplinary proceedings, the school district reserves the right to initiate exclusion procedures pursuant to the Minnesota Pupil Fair Dismissal Act as warranted on a case-by-case basis.
 
F. Termination of Enrollment
 
1. The school district may terminate the enrollment of a nonresident student enrolled under an enrollment options program pursuant to Minn. Stat. 124D.03 or 124D.08 at the end of a school year if the student meets the definition of a habitual truant, the student has been provided appropriate services for truancy under Minn. Ch. 260A, and the student's case has been referred to juvenile court. A "habitual truant" is a child under 16 years of age who is absent from attendance at school without lawful excuse for seven school days if the child is in elementary school or for one or more class periods on seven school days if the child is in middle school or high school or a child who is 16 or 17 years of age who is absent from attendance at school without lawful excuse for one or more class periods on seven school days and who has not lawfully withdrawn from school under Minnesota Statutes, section 120A.22, subdivision 8.
 
2. The school district may also terminate the enrollment of a nonresident student over 17 years of age if the student is absent without lawful excuse for one or more periods on 15 school days and has not lawfully withdrawn from school under Minnesota Statutes, section 120A.22, subdivision 8.
 
3.  A student who has not applied for and been accepted for open enrollment pursuant to this policy and does not otherwise meet the residency requirements for enrollment may be terminated from enrollment and removed from school. Prior to removal from school, the school district will send to the student's parent(s)/guardian(s) a written notice of the school district's belief that the student is not a resident of the school district. The notice shall include the facts upon which the belief is based and notice to the parent(s)/guardian(s) of their opportunity to provide documentary evidence, in person or in writing, of residency to the Superintendent or the Superintendent's designee. The Superintendent or the Superintendent's designee will make the final determination as to the residency status of the student.

Notwithstanding the requirement that an application must be approved by the board of the nonresident district, a student who has been enrolled in a district, who is identified as homeless, and whose parent or legal guardian moves to another district, or who is placed in foster care in another school district, may continue to enroll in the nonresident district without the approval of the board of the nonresident district. The approval of the board of the student’s resident district is not required.  

 
Legal References:
Minn. Stat. 120A.22, Subd. 3(e) and Subd. 8 (Compulsory Instruction) 
Minn. Stat. 121A.40-121A.56 (Pupil Fair Dismissal Act)
Minn. Stat. 124D.03 (Enrollment Options Program)
Minn. Stat. 124D.08 (School Board Approval to Enroll in Nonresident District. Exceptions)
Minn. Stat. 124D.68 (Graduation Incentives Program)
Minn. Ch. 260A (Truancy)
Minn. Stat. 260C.007, Subd. 19 (Definitions)
Minn. Op. Atty. Gen. No. 169-f (August 13, 1986)
Indep. Sch. Dist. No. 623 v. Minn. Dept. of Educ., Co. No. A05-361, 2005 WL 3111963 (Minn. Ct. App. 2005) (unpublished)
18 U.S.C. 930, para. (g)(2) (Definition of weapon)
 
Cross References: 
Moorhead School Board Policy 510: Attendance Areas 
Moorhead School Board Policy 512: Tuition Fees 
Moorhead School Board Policy 551: Student Discipline 
Moorhead School Board Policy 640: Moorhead Area Public Schools Graduation Requirements 
MSBA/MASA Model Policy 509 (Enrollment of Nonresident Students)
MSBA/MASA Model Policy 517 Student Recruiting
Equal Access to Moorhead Area Public Schools Facilities
Type: School Board Policy
Section: 800 BUILDINGS AND SITES
Code: 801
Adopted Date: 6/23/2003
Revised Date(s): 02/09/2009, 12/10/2012, 05/08/2017, 07/22/2022
Reviewed Date(s): 03/16/2005, 01/14/2008, 02/09/2009, 12/10/2012, 05/08/2017, 12/12/2019, 06/21/2022, 07/22/2022
Attachments:

I. PURPOSE

The purpose of this policy is to implement the Equal Access Act by granting equal access to school facilities for students who wish to conduct a meeting for religious, political, or philosophical purposes during noninstructional time.

II. GENERAL STATEMENT

A. The policy of the Moorhead Area Public Schools is not to deny equal access or a fair opportunity to or to discriminate against, any students who wish to conduct a meeting, on the basis of the religious, political, philosophical, or other content of the speech at such meetings.

B. The Moorhead School Board has created a limited open forum for students enrolled in secondary schools during which noncurriculum-related student groups shall have equal access and a fair opportunity to conduct meetings during noninstructional time.

C. Student use of facilities under this policy does not imply school district sponsorship, approval, or advocacy of the content of the expression at such meetings.

D. The school district retains its authority to maintain order and discipline on school premises, to protect the well-being of students and faculty, and to assure that attendance of students at meetings is voluntary.

E. In adopting and implementing this equal access policy, the school district will NOT:

1. influence the form or content of any prayer or other religious activity;

2. require any person to participate in prayer or other religious activity;

3. expend public funds beyond the incidental cost of providing the space for student-initiated meetings;

4. compel any school agent or employee to attend a school meeting if the content of the speech at the meeting is contrary to the beliefs of the agent or employee;

5. sanction meetings that are otherwise unlawful;

6. limit the rights of groups of students based on the size of the group;

7. abridge the constitutional rights of any person.

III. DEFINITIONS

A. "Limited open forum" means that the school grants an offering to or opportunity for one or more noncurriculum-related student groups to meet on school premises during noninstructional time.

B. "Secondary school" means any school with an enrollment of pupils ordinarily in grades 6 through 12 or any portion thereof.

C. "Sponsorship" includes the act of promoting, leading, or participating in a meeting. The assignment of a school employee for custodial, observation, or maintenance of order and discipline purposes does not constitute sponsorship of the meeting.

D. "Meeting" includes activities of student groups which are permitted under a limited open forum and are not directly related to the school curriculum. Distribution of literature does not constitute a meeting protected by the Equal Access Act.

E. "Noninstructional time" means time set aside by the school before actual classroom instruction begins or after actual classroom instruction ends, including other periods that occur during the school day when no classroom instruction takes place.

IV. FAIR OPPORTUNITY CRITERIA

Secondary schools in this school district shall uniformly provide that:

A. A meeting held pursuant to this policy is voluntary and student-initiated;

B. There is no sponsorship of the meeting by the school or its agents or employees;

C. Employees or agents of the school are present at religious meetings only in a nonparticipatory capacity;

D. The meeting does not materially and substantially interfere with the orderly conduct of educational activities within the school; and

E. Nonschool persons may not direct, control, or regularly attend activities of student groups.

V. PROCEDURES

A. Any student who wishes to initiate a meeting under this policy shall apply to the building administrator at least 48 hours in advance of the time of the activity or meeting. The student must agree to the following:

1. All activities or meetings must comply with existing policies, regulations, and procedures that govern the operation of school-sponsored activities.

2. The activities or meetings are voluntary and student-initiated. The building administrator may require assurances of this fact.

B. Student groups meeting under this policy must comply with the following rules:

1. Those attending must not engage in any activity that is illegal, dangerous, or which materially and substantially interferes with the orderly conduct of the educational activities of the school. Such activities shall be grounds for the discipline of an individual student and grounds for a particular group to be denied access.

2. The groups may not use the school name, school mascot name, school emblems, the school district name, or any name that might imply school or district sponsorship or affiliation in any activity, including fundraising and community involvement.

3. The groups must comply with school policies, regulations, and procedures governing school-sponsored activities.

C. Students applying for use of school facilities under this policy must provide the following information to the building administrator: time and date of meeting, estimated number of students in attendance and special equipment needs.

D. The building administrator has the responsibility to:

1. Keep a log of application information.

2. Find and assign a suitable room for the meeting or activity. The number of students in attendance will be limited to the safe capacity of the meeting space.

3. Note the condition of the facilities and equipment before and after use.

4. Assure proper supervision. Assignment of staff to be present in a supervisory capacity does not constitute school district sponsorship of the meeting or activity.

5. Assure that the meeting or activity does not interfere with the school's regular instructional activities.

E. The school district shall not expend public funds for the benefit of students meeting pursuant to this policy beyond the incidental cost of providing space. The school district will provide no additional or special transportation.

F. Nonschool persons may not direct, conduct, control, or regularly attend meetings and activities held pursuant to this policy.

G. School district employees or agents may not promote, lead, participate in, or otherwise sponsor meetings or activities held pursuant to this policy.

H. A copy of this policy and procedures shall be made available to each student who initiates a request to use school facilities.


Legal References:
20 U.S.C. 4071-74 (Equal Access Act)

20 U.S.C. 7905 (Boy Scouts of America Equal Access Act)
Board of Educ. of Westside Community Schools v. Mergens, 496 U.S. 226, 1105 S.Ct. 2356 (1990)
Good News Club v. Milford Central School, 533 U.S. 98, 121 S.Ct. 2093, 150 L.Ed.2d 151 (2001)
Child Evangelism Fellowship of Minnesota v. Special Sch. Dist. 1, 690 F.3d996 (8th Cir. 2012) 
Child Evangelism Fellowship of Minnesota v. Elk River Area School Dist. 728, 599 F.Supp. 2d 1136 (D. Minn. 2009) 


Cross References:
Moorhead School Board Policy 904: Community Use of School Facilities and Equipment

Moorhead School Board Policy 551: Student Discipline
MSBA/MASA Model Policy 801 (Equal Access to School Facilities)
MSBA/MASA Model Policy 902 (Use of School District Facilities and Equipment)
MSBA Service Manual, Chapter 13, School Law Bulletin "O" (Equal Access Act)
 
Equal Educational Opportunity
Type: School Board Policy
Section: 100 SCHOOL DISTRICT
Code: 102
Adopted Date: 12/16/1996
Revised Date(s): 02/09/2009, 12/13/2010, 11/10/2014, 05/29/2018, 05/18/2021, 10/13/2021, 08/29/2023
Reviewed Date(s): 04/23/2001, 02/28/2005, 02/09/2009, 12/13/2010, 11/10/2014, 05/29/2018, 04/20/2021, 10/13/2021, 08/29/2023
Attachments:

I. PURPOSE

The purpose of this policy is to ensure that equal educational opportunity is provided for all students of Moorhead Area Public Schools.

II. GENERAL STATEMENT

A. It is the school district's policy to provide equal educational opportunity for all students. The school district does not unlawfully discriminate on the basis of race, color, creed, religion, national origin, limited English proficiency, sex, marital status, parental status, status with regard to public assistance, disability, sexual orientation, gender identity and expression, or age. The school district also makes reasonable accommodations for students with disabilities.

B. The school district prohibits harassment and discrimination of any individual based on any of the protected classifications listed above. For information about the types of conduct that constitute violation of the school district's policy on harassment and violence and the school district's procedures for addressing such complaints, refer to Moorhead School Board Policy 413: Prohibition of Harassment and Violence.

C. The school district prohibits discrimination of students with a disability, within the intent of Section 504 of the Rehabilitation Act of 1973 (section 504), who need services, accommodations, or programs in order to receive a free appropriate public education. for information as to protections that may apply pursuant to Section 504 and the school district's corresponding procedures for addressing disability discrimination complaints, refer to the school district's policy on student nondiscrimination (Policy 521). 

D. The school district prohibits sexual harassment discrimination of any individual on the basis of sex in its education programs or activities. For information as to the protections that apply pursuant to Title IX and school district's corresponding procedures and processes for addressing sexual harassment and discrimination, refer to the school district's Title IX sex nondiscrimination (Policy 522).

E. The school district shall provide equal opportunity for members of each sex and to members of all races and ethnicities to participate in its athletic program. In determining whether equal opportunity to participate in athletic programs is available for the purposes of this law, at least the following factors shall be considered to the extent that they are applicable to a given situation: whether the opportunity for males and females to participate in the athletic program reflects the demonstrated interest in athletics of the males and females in the student body of the educational institution; whether the opportunity for members of all races and ethnicities to participate in the athletic program reflects the demonstrated interest in athletics of members of all races and ethnicities in the student body of the educational institution; whether the variety and selection of sports and levels of competition effectively accommodate the demonstrated interests of members of each sex; whether the variety and selection of sports and levels of competition effectively accommodate the demonstrated interests of members of all races and ethnicities; the provision of equipment and supplies; scheduling of games and practice times; assignment of coaches; provision of locker rooms; practice and competitive facilities; and the provision of necessary funds for teams of one sex.

F. This policy applies to all areas of education including academics, coursework, co-curricular and extracurricular activities, or other rights or privileges of enrollment.

G. It is the responsibility of every school district employee to comply with this policy conscientiously.

H. Any student, parent, or guardian having any questions regarding this policy should discuss it with an appropriate school official. In addition, an inquiry or a complaint should be referred to the department of human resources or the Superintendent.
 
III. REPRISAL
 
The school district will discipline or take appropriate action against any student, teacher, administrator or other school personnel who retaliates against any person who reports alleged harassment or violence related to race, color, creed, religion, national origin, sex, marital status, disability, status with regard to public assistance, sexual orientation, or age, or any person who testifies, assists or participates in an investigation, or who testifies, assists or participates in a proceeding or hearing relating to such harassment or violence. Retaliation includes, but is not limited to, any form of intimidation, reprisal, or harassment.
 

Legal References:
Minn. Stat. Ch. 363A (Minnesota Human Rights Act)
Minn. Stat. 121A.03, Subd. 2 (Sexual, Religious, and Racial Harassment and Violence Policy)
Minn. Stat. 121A.04 (Athletic Programs; Sex Discrimination)
42 U.S.C. 12101 et seq. (Americans with Disabilities Act)
20 U.S.C. 1681 et seq. (Title IX of the Education Amendments of 1972)
42 U.S.C. 2000d et seq. (title VI of the Civil Rights Act of 1964 

Cross References: 
Moorhead School Board Policy 521: Student Disability Nondiscrimination 
Moorhead School Board Policy 528: Student Parental, Family and Marital Status Nondiscrimination 
Moorhead School Board Policy 413: Prohibition of Harassment and Violence 
MSBA/MASA Model Policy 102 (Equal Educational Opportunity)
MSBA/MASA Model Policy 413 (Harassment and Violence)
MSBA Model Policy 521 (Student Disability Nondiscrimination)
MSBA/MASA Policy 522 (Title IX Sex Nondiscrimination Policy, Grievance Procedure and Process)
Equal Employment Opportunity Statement
Type: School Board Policy
Section: 400 EMPLOYEES/PERSONNEL
Code: 401
Adopted Date: 8/12/1980
Revised Date(s): 10/13/2008, 12/13/2010, 11/10/2014, 02/12/2018, 11/24/2020, 01/06/2021, 10/10/2023
Reviewed Date(s): 02/13/1990, 04/26/1994, 04/12/1999, 11/10/2003, 01/14/2008, 10/13/2008, 12/13/2010, 11/10/2014, 02/12/2018, 01/06/2021, 10/10/2023
Attachments:

l. PURPOSE

The purpose of this policy is to provide equal employment opportunity for all applicants for employment and school district employees of the Moorhead Area Public Schools.

II. GENERAL STATEMENT

A. The policy of Moorhead Area Public Schools is to provide equal employment opportunity for all applicants and employees. The school district does not unlawfully discriminate on the basis of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, including gender identity or expression, age, family care leave status or veteran status. The school district also makes reasonable accommodations for employees with disabilities.

B. The Moorhead Area Public Schools prohibit the harassment of any individual for any of the categories listed above. For information about the types of conduct that constitute impermissible harassment and the school district's internal procedures for addressing complaints of harassment, please refer to Moorhead School Board Policy 413 Prohibition of Harassment and Violence.

C. This policy applies to all areas of employment including hiring, retention, discharge, promotion, compensation, facilities or privileges of employment.

D. Every employee shall be responsible for following this policy.

E. Any person having questions regarding this policy should discuss it with the executive assistant superintendent of business and administrative services.
 
III. REPRISAL
 
The Moorhead Area Public Schools will discipline or take appropriate action against any student, teacher, administrator or other school personnel who retaliates against any person who reports alleged unlawful discrimination based on race, color, national origin, creed, religion, sex, sexual orientation, marital status, age, limited English proficiency, status with regard to public assistance, or disability toward a student or any person who testifies, assists or participates in an investigation, or who testifies, assists or participates in a proceeding or hearing relating to such unlawful discrimination. Retaliation includes, but is not limited to, any form of intimidation, reprisal, or harassment.

Legal References:
Minn. Stat. Ch. 363A (Minnesota Human Rights Act)
29 U.S.C. 621 et seq. (Age Discrimination in Employment Act)
29 U.S.C. 2615 (Family and Medical Leave Act)
38 U.S.C. 4301 et seq. (Employment and Reemployment Rights of Members of the Uniformed Services)
38 U.S.C. 4211 et seq. (Employment and Training of Veterans)
42 U.S.C. 2000e et seq. (Title VII of the Civil Rights Act)
42 U.S.C. 12101 et seq. (Equal Opportunity for Individuals with Disabilities)

Cross References:
Moorhead School Board Policy 102: State and Federal Law Prohibiting Discrimination
Moorhead School Board Policy 404: Employment Disability Nondiscrimination
Moorhead School Board Policy 405: Veteran's Preference Hiring
Moorhead School Board Policy 413: Prohibition of Harassment and Violence
MSBA/MASA Model Policy 401 (Equal Employment Opportunity)

Establishment, Adoption and Modification of the School District's Financial Annual Operating Plan
Type: School Board Policy
Section: 700 NON-INSTRUCTIONAL OPERATIONS AND BUSINESS SERVICES
Code: 701
Adopted Date: 8/27/2001
Revised Date(s): 05/12/2008, 12/10/2012, 04/11/2016, 06/13/2019, 05/10/2022
Reviewed Date(s): 12/12/2005, 05/12/2008, 12/10/2012, 04/11/2016, 04/12/2022, 05/10/2022
Attachments:

I. PURPOSE

The purpose of this policy is to establish lines of authority and procedures for the establishment of Moorhead Area Public Schools' revenue and expenditure budgets and modification of those budgets in the Annual Operating Plan as needed.

II. GENERAL STATEMENT

The policy of the Moorhead Area Public Schools is to establish its revenue and expenditure budgets and make modifications to them in accordance with applicable provisions of the law. Budget planning is an integral part of program planning so that the annual budget will effectively express and implement Moorhead School Board goals and the priorities of the school district.

III. REQUIREMENTS

A. The Superintendent and the school district's executive director of human resources and operations shall each year prepare preliminary revenue and expenditure budgets for review by the School Board. The preliminary budgets shall be accompanied by such written commentary as may be necessary for them to be clearly understood by the members of the School Board and the public. The School Board shall review the projected revenues and expenditures for the school district for the next fiscal year and make such adjustments in the expenditure budget as necessary to carry out the education program within the revenues projected.  (Refer to Administrative Procedures 701.1 and 707.2.) 

B. The school district must maintain separate accounts to identify revenues and expenditures for each building. Expenditures shall be reported in compliance with Minn. Stat. 123B.76.

C. Prior to July 1 of each year, the School Board must approve and adopt its initial and reallocated revenue and expenditure budgets for the next school year. The adopted expenditure budget document shall be considered the School Board's expenditure authorization for that school year. No funds may be expended for any purpose in any school year prior to the adoption of the budget document which authorizes the expenditures for that year, or prior to the adoption of an amendment to that budget document by the School Board to authorize that expenditure for that year.

D. In accordance with procedures specified by the Minnesota Department of Education (MDE), initial allocation of general education and referendum revenue will be made to each building in the school district where children who have generated the revenue are served. The district will maintain separate accounts to identify revenues and expenditures for each building.

E. The Annual Operating Plan will be separated into funds: 1 (General); 2 (Food Service); 4 (Community Education); 7 (Debt Service); and 47 (OPEB). When necessary, fund 6 (Building Construction) and others as they are created or required by the MDE will be included.

F. If revisions or modifications in the adopted expenditure budget are determined to be advisable by the administration, the Superintendent shall recommend proposed changes to the School Board. The proposed changes shall be accompanied by sufficient and appropriate background information on the revenue and policy issues involved to allow the School Board to make an informed decision. The school district's revenue budget shall be amended as needed during the fiscal year to reflect updated or revised revenue estimates. The Superintendent will make recommendations to the School Board for appropriate revisions. If necessary, the School Board shall also make necessary revisions in the expenditure budget if it appears that expenditures would otherwise exceed revenues and fund balances in a fund.

G. Each year, the school district shall publish its adopted revenue and expenditure budgets for the current year, the actual revenues, expenditures, and fund balances for the prior year, and the projected fund balances for the current year in the form prescribed by the Commissioner within one week of the acceptance of the final audit by the School Board, or November 30, whichever is earlier. A statement shall be included in the publication that the complete budget in detail may be inspected by any resident of the school district upon request to the Superintendent. A summary of this information and the address of the school district's official website where the information can be found must be published in a newspaper of general circulation in the school district. These budgets, reports of revenue, expenditures, and fund balances must be published in a newspaper of general circulation in the school district.  At the same time as this publication, the school district shall publish the other information required by Minnesota Statute 123B.10.

H. The school district must also post the materials specified in Paragraph III.F above on the school district's official website, including a link to the school district's school report card on the Minnesota Department of Education's website and publish a summary of information and the address of the school district's website where the information can be found in a qualified newspaper of general circulation in the district.

I. At the public hearing on the adoption of the school district's proposed property tax levy, the School Board shall review its current budget and the proposed property taxes payable in the following calendar year.

IV. IMPLEMENTATION:

A. The Moorhead School Board places the responsibility for administering the adopted budget with the Superintendent. The Superintendent may delegate duties related thereto to other school officials, but maintains the ultimate responsibility for this function.

B. The program-oriented budgeting system will be supported by a program-oriented accounting structure approved, organized, and operated on a fund basis as provided for in Minnesota statutes through the Uniform Financial Accounting and Reporting Standards for Minnesota School Districts (UFARS).

C. The Superintendent or the school district's executive director of human resources and operations is authorized to make payment of claims or salaries authorized by the adopted or amended budget prior to School Board approval.

D. The ordering of supplies, capital equipment, or hiring of additional personnel may not occur until the budget is adopted unless otherwise approved by the School Board. Other funds to be expended in a subsequent school year may not be encumbered prior to budget adoption unless specifically approved by the School Board.

E. The Superintendent will ensure the school district files reports to the Commissioner as required relating to initial allocations of revenue, and expenditure of funds.


Legal References:
Minn. Stat. 123B.10 (Publication of Financial Information)
Minn. Stat. 123B.76 (Expenditures; Reporting)
Minn. Stat. 123B.77 (Accounting, Budgeting and Reporting Requirements)
Minn. Stat. 275.065 (Truth in Taxation; Proposed Property Taxes; Notice)
 
Cross References:
Moorhead School Board Policy 212: School Board Public Hearings
Moorhead School Board Policy 801: District Fiscal Management
MSBA/MASA Model Policy 701 (Establishment and Adoption of School District Budget) 
Extended School Year for Students with Individualized Education Programs
Type: School Board Policy
Section: 500 STUDENTS
Code: 508
Adopted Date: 2/11/2002
Revised Date(s): 04/10/2006, 06/14/2010, 01/27/2014, 12/12/2016, 12/13/2022
Reviewed Date(s): 04/10/2006, 06/14/2010, 01/27/2014, 12/12/2016, 12/12/2019, 11/14/2022, 12/13/2022
Attachments:

I. PURPOSE

The purpose of this policy is to ensure that Moorhead Area Public Schools comply with the overall requirements of law as mandated for certain students subject to individualized education programs (IEPs) when necessary as part of a free appropriate public education (FAPE).

II. GENERAL STATEMENT

A. Extended School Year services must be available to provide a free appropriate public education (FAPE)

It shall be the policy of the Moorhead Area Public Schools to provide extended school year (ESY) services to a student who is the subject of an IEP if the student's IEP team determines the services are necessary during a break in instruction in order to provide a free appropriate public education (FAPE).

B. Extended School Year Determination

At least annually, the IEP team must determine that a student is in need of extended school year (ESY) services if the student meets any of the following conditions:

1. There will be significant regression of a skill or acquired knowledge from the student's level of performance on an annual goal that requires more than the length of the break in instruction to recoup unless the IEP team determines a shorter time for recoupment is more appropriate; OR

2. Services are necessary for the student to attain and maintain self-sufficiency because of the critical nature of the skill addressed by an annual goal, the student's age and level of development, and the timeliness for teaching the skill; OR

3. The IEP team otherwise determines, given the student's unique needs, that extended school year (ESY) services are necessary to ensure the pupil receives a free appropriate public education (FAPE).

C. Required factors Schools must consider in Making Extended School Year (ESY)

The IEP team must decide extended school year (ESY) eligibility using information including:

1. Prior observations of the student's regression and recoupment over the summer;

2. Observations of the student's tendency to regress over extended breaks in instruction during the school year; and

3. Experience with other students with similar instructional needs.

D. Additional Factors to consider, Where Relevant

1. The student's progress and maintenance of skills during the regular school year.

2. The student's degree of impairment.

3. The student's rate of progress.

4. The student's behavioral or physical problems.

5. The availability of alternative resources.

6. The student's ability and need to interact with nondisabled peers.

7. The areas of the student's curriculum which need continuous attention.

8. The student's vocational needs.

E. No Unilateral Decisions 
 
In the course of providing extended school year (ESY) services to children with disabilities, the school district may not unilaterally limit the type, amount, or duration of those services.
 
F. Services to Nonresident Students Temporarily Placed in the School District
 
The Moorhead Area Public Schools may provide extended school year (ESY) services to nonresident students with disabilities temporarily placed in the school district in accordance with applicable state law.
 
Legal References:
Minn. Stat. 125A.14 (Extended School Year) 
Minn. Rules Part 3525.0755
20 U.S.C. 1400 et seq. (Individuals with Disabilities Education Improvement Act of 2004)
34 C.F.R. Part 300 (Assistance to States for the Education of Children with Disabilities)
 
Cross References:
Moorhead School Board Policy 602: Special Education Programs
Moorhead School Board Policy 603: Special Education Policies and Procedures
MSBA/MASA Model Policy 508 (Extended School Year for Certain Students with Individualized Education Programs)
Extracurricular Activities Field Trip Request Form
Type: Administrative Procedure
Section: 600 EDUCATION PROGRAMS
Code: 610.3
Adopted Date: 6/12/2017
Revised Date(s):
Reviewed Date(s):
Attachments:

Attached.

Facilities Rental Handbook and Procedures
Type: Administrative Procedure
Section: 900 SCHOOL DISTRICT - COMMUNITY RELATIONS
Code: 904.1
Adopted Date: 7/18/2006
Revised Date(s): 05/13/2008, 07/26/2012, 09/20/2012, 06/23/2022, 12/12/2022
Reviewed Date(s): 05/13/2008, 07/26/2012, 09/20/2012, 05/16/2018
Attachments:

Adm. Procedure

Facility/Site Improvement Request Form
Type: Administrative Procedure
Section: 700 NON-INSTRUCTIONAL OPERATIONS AND BUSINESS SERVICES
Code: 717.1
Adopted Date: 11/1/2002
Revised Date(s): 10/16/2006, 03/23/2011, 06/25/2018
Reviewed Date(s): 10/16/2006, 03/23/2011, 12/15/2014, 06/25/2018
Attachments:

Attached.

Family and Medical Leave
Type: School Board Policy
Section: 400 EMPLOYEES/PERSONNEL
Code: 410
Adopted Date: 6/11/2001
Revised Date(s): 10/13/2008, 12/14/2009, 12/13/2010, 05/13/2013, 04/14/2014, 04/13/2015, 04/11/2016, 04/10/2017, 12/10/2018, 09/19/2019, 10/13/2021, 08/03/2022, 08/16/2022, 09/13/2022
Reviewed Date(s): 02/28/2005, 02/13/2006, 06/11/2007, 01/14/2008, 10/13/2008, 12/14/2009, 12/13/2010, 05/13/2013, 04/14/2014, 04/13/2015, 04/11/2016, 04/10/2017, 04/09/2018, 10/08/2020, 09/13/2022
Attachments:

I. PURPOSE

The purpose of this policy is to provide guidelines for family and medical leave to school district employees in accordance with the Family and Medical Leave Act of 1993 (FMLA) and parenting leave as required by state statute.

II. GENERAL STATEMENT
 
The following procedures and policies regarding family and medical leave are adopted by the school district, pursuant to the requirements of the FMLA and consistent with the requirements of the Minnesota parenting leave laws. 
 
III. DEFINITIONS
 
A. "Covered active duty" means:
 
1. in the case of a member of a regular component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country; and
 
2. in the case of a member of a reserve component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country under a call or order to active duty under a provision of law referred to in 10 United States Code section 101(a)(13)(B).
 
B. "Covered servicemember" means:
 
1. a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or 
 
2. a veteran who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness and who was a member of the Armed Forces, including a member of the National Guard or Reserves, at any time during the period of five years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy.
 
C. "Eligible employee" means an employee who has been employed by the school district for a total of at least 12 months and who has been employed for at least 1,250 hours of service during the 12-month period immediately preceding the commencement of the leave. An employee returning from fulfilling his or her Uniformed Services Employment and Reemployment Rights Act (USERRA)-covered service obligation shall be credited with the hours of service that would have been performed but for the period of absence from work due to or necessitated by USERRA-covered service. In determining whether the employee met the hours of service requirement, and to determine the hours that would have been worked during the period of absence from work due to or necessitated by USERRA-covered service, the employee’s pre-service work schedule can generally be used for calculations. While the 12 months of employment need not be consecutive, employment periods prior to a break in service of seven years or more may not be counted unless: 1) the break is occasioned by the employee's fulfillment of his or her National Guard or Reserve military service obligation or (2) a written agreement, including a collective bargaining agreement, exists concerning the school district's intention to rehire the employee after the break in service.
 
D. “Military caregiver leave” means leave taken to care for a covered servicemember with a serious injury or illness.
 
E. "Next of kin of a covered servicemember" means the nearest blood relative other than the covered servicemember's spouse, parent, son, or daughter, in the following order of priority: blood relatives who have been granted legal custody of the covered servicemember by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered servicemember has specifically designated in writing another blood relative as his or her nearest blood relative for purposes of military caregiver leave under the FMLA. When no such designation is made and there are multiple family members with the same level of relationship to the covered servicemember, all such family members shall be considered the covered servicemember's next of kin, and the employee may take FMLA leave to provide care to the covered servicemember, either consecutively or simultaneously. When such designation has been made, the designated individual shall be deemed to be the covered servicemember's only next of kin.
 
F. "Outpatient status" means, with respect to a covered servicemember, the status of a member of the Armed Forces assigned to:
 
1. a military medical treatment facility as an outpatient; or
 
2. a unit established for the purpose of providing command and control of members of the Armed Forces receiving care as outpatients.
 
G. "Quantifying exigency" means a situation where the eligible employee seeks leave for one or more of the following reasons:
 
1. to address any issues that arise from a short-notice deployment (seven calendar days or less) of a covered military member;
 
2. to attend military events and related activities of a covered military member;
 
3. to address issues related to childcare and school activities of a covered military member's child;
 
4. to address financial and legal arrangements for a covered military member;
 
5. to attend counseling provided by someone other than a health care provider for oneself, a covered military member, or his/her child;
 
6. to spend up to fifteen (15) days with a covered military member who is on short-term, temporary rest and recuperation leave during a period of deployment;
 
7. to attend post-deployment activities related to a covered military member; and
 
8. to address care needs of a covered military member's parent who is incapable of self-care; and
 
9. to address other events related to a covered military member that both the employee and school district agree is a qualifying exigency. 
 
H. "Serious health condition" means an illness, injury, impairment, or physical or mental condition that involves:
 
1. inpatient care in a hospital, hospice, or residential medical care facility; or
 
2. continuing treatment by a health care provider.
 
I. “Spouse” refers to the other person with whom an individual entered into marriage as defined or recognized under state law for purposes of marriage in the state in which the marriage was entered into or, in the case of a marriage entered into outside of any state, if the marriage is valid in the place where entered into and could have been entered into in at least one state. This definition includes an individual in a same-sex or common law marriage that either: (1) was entered into in a state that recognizes such marriages; or (2) if entered into outside of any state, is valid in the place where entered into and could have been entered into in at least one state.
 
J. "Veteran" has the meaning given in 38 United States Code section 101.
 
IV. LEAVE ENTITLEMENT
 
A. Twelve-week Leave Under Federal Law1. Eligible employees are entitled to a total of 12 work weeks of unpaid family or medical leave during the applicable 12-month period as defined below, plus any additional leave as required by law. Leave may be taken for one or more of the following reasons in accordance with applicable law:

a. birth of the employee's child and to care for such child;

b. placement of an adopted or foster child with the employee;

c. to care for the employee's spouse, son, daughter, or parent with a serious health condition;

d. the employee's serious health condition makes the employee unable to perform the functions of the employee's job and/or
 
e. any qualifying exigency arising from the employee's spouse, son, daughter, or parent being on covered active duty, or notified of an impending call to order to covered active duty in the Armed Forces. 
 
2. For the purposes of this policy, "year" is defined as a rolling 12-month period measured backward from the date an employee's leave is to commence.
 
3. An employee's entitlement to FMLA leave for the birth, adoption, or foster care of a child expires at the end of the 12-month period beginning on the date of the birth or placement.
 
4. A "serious health condition" typically requires either inpatient care or continuing treatment by or under the supervision of a health care provider, as defined by applicable law. Family and medical leave generally is not intended to cover short-term conditions for which treatment and recovery are very brief.
 
5. A "serious injury or illness," in the case of a member of the Armed Forces, including a member of the National Guard or Reserves, means:
 
a. injury or illness that was incurred by the member in the line of duty on active duty in the Armed Forces (or that existed before the beginning of the member's active duty and was aggravated by service in the line of duty on active duty in the Armed Forces) and that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating; and
 
b. a "serious injury or illness," in the case of a veteran who was a member of the Armed Forces, including a member of the National Guard or Reserves, at any time, during the period of five years preceding the date on which the veteran undergoes the medical treatment, recuperation, or therapy, means a qualifying injury or illness that was incurred by the member in the line of  duty on active duty in the Armed Forces (or that existed before the beginning of the member's active duty and was aggravated by service in the line of duty in the Armed Forces) and that manifested itself before or after the member became a veteran:
 
(i) a continuation of a serious injury or illness that was incurred or aggravated when the covered veteran was a member of the Armed Forces and rendered the servicemember unable to perform the duties of the servicemember’s office, grade, rank, or rating; or
 
(ii) a physical or mental condition for which the covered veteran has received a U.S. Department of Veterans Affairs Service-Related Disability (VASRD) rating of 50 percent or greater and such VASRD rating is based, in whole or in part, on the condition precipitating the need for military caregiver leave; or 
 
(iii) a physical or mental condition that substantially impairs the covered veteran’s ability to secure or follow a substantially gainful occupation by reason of a disability or disabilities related to military service, or would do so absent treatment; or
 
(iv) an injury, including a psychological injury, on the basis of which the covered veteran has been enrolled in the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers.

6. Eligible spouses employed by the school district are limited to an aggregate of 12 weeks of leave during any 12-month period for the birth and care of a newborn child or adoption of a child, the placement of a child for foster care or to care for a parent. This limitation for spouses employed by the school district does not apply to leave taken; by one spouse to care for the other spouse who is seriously ill; to care for a child with a serious health condition, or because of the employee's own serious health condition; or pursuant to Paragraph IV.A.1.e. above.

7. Depending on the type of leave, intermittent or reduced schedule leave may be granted in the discretion of the school district or when medically necessary. However, part-time employees are only eligible for a pro-rata portion of leave to be used on an intermittent or reduced schedule basis, based on their average hours worked per week.  Where an intermittent or reduced schedule leave is foreseeable based on planned medical treatment, the school district may transfer the employee temporarily to an available alternative position for which the employee is qualified and which better accommodates recurring periods of leave than does the employee's regular position, and which has equivalent pay and benefits.

8. If an employee requests a leave for the serious health condition of the employee or the employee's spouse, child, or parent, the employee will be required to submit sufficient medical certification. In such a case, the employee must submit the medical certification within 15 days from the date of the request or as soon as practicable under the circumstances.

9. If the school district has reason to doubt the validity of a health care provider's certification, it may require a second opinion at the school district's expense. If the opinions of the first and second health care providers differ, the school district may require certification from a third health care provider at the school district's expense. An employee may also be required to present certification from a health care provider indicating that the employee is able to return to work.

10. Requests for leave shall be made to the employee's supervisor and forwarded to the department of human resources for processing. When leave relates to an employee's spouse, child, parent, or covered servicemember being on covered active duty, or notified of an impending call or order to covered active duty pursuant to Paragraph IV.A.1.e. above, and such leave is foreseeable, the employee shall provide reasonable and practical notice to the school district of the need for leave. For all other leaves, employees must give 30 days written notice of a leave of absence where practicable. The failure to provide the required notice may result in a delay of the requested leave. Employees are expected to make a reasonable effort to schedule leaves resulting from planned medical treatment so as not to disrupt unduly the operations of the school district, subject to and in coordination with the health care provider.

11. The school district may require that a request for leave under Paragraph IV.A.1.e. above be supported by a copy of the covered military member's active duty orders or other documentation issued by the military indicating active duty or a call to active duty status and the dates of active duty service. In addition, the school district may require the employee to provide sufficient certification supporting the qualifying exigency for which leave is requested.

12. During the period of a leave permitted under this policy, the school district will provide health insurance under its group health plan under the same conditions coverage would have been provided had the employee not taken the leave. The employee will be responsible for payment of the employee contribution to continue group health insurance coverage during the leave. An employee's failure to make necessary and timely contributions may result in termination of coverage. An employee who does not return to work after the leave may be required, in some situations, to reimburse the school district for the cost of the health plan premiums paid by it. 

13.  The school district may request or require the employee to substitute accrued paid leave for any part of the 12-week period. Employees may be allowed to substitute paid leave for unpaid leave by meeting the requirements set out in the administrative directives and guidelines established for the implementation of this policy, if any. Employees eligible for leave must comply with the family and medical leave directives and guidelines prior to starting leave. The Superintendent shall be responsible to develop directives and guidelines as necessary to implement this policy. Such directives and guidelines shall be submitted to the School Board for annual review.
 
The school district shall comply with written notice requirements as set forth in federal regulations. 

14. Employees returning from a leave permitted under this policy are eligible for reinstatement in the same or an equivalent position as provided by law. However, the employee has no greater right to reinstatement or to other benefits and conditions of employment than if the employee had been continuously employed during the leave.
 
B. Twelve-Week Leave

An employee who does not qualify for leave under Paragraphs IV.A.1.a. or IV.A.1.b. above may qualify for a 12-week unpaid leave which is available to a biological or adoptive parent in conjunction with the birth or adoption of a child, or to a female employee for prenatal care or incapacity due to pregnancy, childbirth, or related health conditions. The length of the leave shall be determined by the employee but must not exceed 12 weeks unless agreed to by the school district. The employee may qualify if he or she has worked for the school district for at least 12 consecutive months and has worked an average number of hours per week equal to one-half of the full-time equivalent during the 12-month period immediately preceding the leave. This leave is separate and exclusive of the family and medical leave described in the preceding paragraphs but may be reduced by any period of paid parental, disability, personal, or medical, or sick leave, or accrued vacation provided by the employer so that the total leave does not exceed 12 weeks, unless agreed to by the school district or leave taken for the same purpose under the FMLA. The leave taken under this section shall begin at a time requested by the employee. An employee who plans to take leave under this section must give the school district reasonable notice of the date the leave shall commence and the estimated duration of the leave. For leave taken by a biological or adoptive parent in conjunction with the birth or adoption of a child, the leave must begin within 12 months of the birth or adoption; except that, in the case where the child must remain in the hospital longer than the mother, the leave must begin within 12 months after the child leaves the hospital.
 
C. Twenty-six-week Servicemember Family Military Leave
 
1. An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember shall be entitled to a total of 26 work weeks of leave during a 12-month period to care for the service member. The leave described in this paragraph shall be available only during a single 12-month period. For purposes of this leave, the need to care for a servicemember includes both physical and psychological care.
 
2. During a single 12-month period, an employee shall be entitled to a combined total of 26 work weeks of leave under Paragraphs IV.A and IV.C. above. 
 
3. The 12-month period referred to in this section begins on the first day the eligible employee takes leave to care for a covered servicemember and ends 12 months after that date.
 
4. Eligible spouses employed by the school district are limited to an aggregate of 26 weeks of leave during any 12-month period if leave is taken for birth of the employee's child or to care for the child after birth; for placement of a child with the employee for adoption or foster care or to care for the child after placement; to care for the employee's parent with a serious health condition; or to care for a covered servicemember with a serious injury or illness.
 
5. The school district may request or require the employee to substitute accrued paid leave for any part of the 26-week period. Employees may be allowed to substitute paid leave for unpaid leave by meeting the requirements set out in the administrative directives and guidelines established for the implementation of this policy, if any. Employees eligible for leave must comply with the family and medical leave directives and guidelines prior to starting leave.

6. An employee will be required to submit sufficient medical certification issued by the health care provider of the covered servicemember and other information in support of requested leave and eligibility for such leave under this section within 15 days from the date of the request or as soon as practicable under the circumstances.
 
7. The provisions of Paragraphs IV.A.7., IV.A.10., IV.A.12., IV.A.13., and IV.A.14. above shall apply to leaves under this section.
 
V. SPECIAL RULES FOR INSTRUCTIONAL EMPLOYEES

A. An instructional employee is one whose principal function is to teach and instruct students in a class, a small group, or an individual setting. This includes, but is not limited to, teachers, coaches, driver’s education instructors, and special education assistants.

B. Instructional employees who request foreseeable medically necessary intermittent or reduced work schedule leave greater than 20 percent of the work days in the leave period may be required to:

1. take leave for the entire period or periods of the planned medical treatment; or

2. move to an available alternative position for which the employee is qualified, and which provides equivalent pay and benefits, but not necessarily equivalent duties.

C. Instructional employees who request continuous leave near the end of a semester may be required to extend the leave through the end of the semester. The number of weeks remaining before the end of a semester does not include scheduled school breaks, such as summer, winter, or spring break.

1. If an instructional employee begins leave for any purpose more than five weeks before the end of a semester and it is likely the leave will last at least three weeks, the school district may require that the leave be continued until the end of the semester.

2. If the instructional employee begins leave for a purpose other than the employee’s own serious health condition during the last five weeks of a semester, the school district may require that the leave be continued until the end of the semester if the leave will last more than two weeks or if the employee’s return from leave would occur during the last two weeks of the semester.

3. If the instructional employee begins leave for a purpose other than the employee’s own serious health condition during the last three weeks of the semester and the leave will last more than five working days, the school district may require the employee to continue taking leave until the end of the semester.
 
4. If the school district requires an instructional employee to extend leave through the end of the semester as set forth in this paragraph, only the period of leave until the employee is ready and able to return to work shall be charged against the employee's FMLA leave entitlement. Any additional leave required by the school district to the end of the school term is not counted as FMLA leave but as unpaid or paid leave, to the extent the instructional employee has accrued paid leave available and the school district shall maintain the employee's group health insurance and restore the employee to the same or equivalent job, including other benefits, at the conclusion of the leave. 
 
VI. OTHER
 
A. The provisions of this policy are intended to comply with applicable law, including FMLA and applicable regulations. Any terms used from the FMLA will have the same meaning as defined by the FMLA and/or applicable regulations. To the extent that this policy is ambiguous or contradicts applicable law, the language of the applicable law will prevail.
 
B. The requirements stated in the collective bargaining agreement between employees in a certified collective bargaining unit and the school district regarding family and medical leaves (if any) shall be followed.  
 
VII. DISSEMINATION OF POLICY
 
A. A poster prepared by the U.S. Department of Labor summarizing the major provisions of the Family and Medical Leave Act and informing employees how to file a complaint shall be conspicuously posted in each school district building in areas accessible to employees and applicants for employment.
 
B. This policy will be reviewed at least annually for compliance with state and federal law.
 

Legal References:

Minn. Stat. 181.940-181.944 (Parenting Leave and Accommodations)
10 U.S.C. 101 et seq. (Armed Forces General Military Law)
29 U.S.C. 2601 et seq. (Family and Medical Leave Act)
38 U.S.C. 101 (Definitions)
29 C.F.R. Part 825 (Family and Medical Leave Act)
 
Cross Reference:
Moorhead School Board Policy 423: Health Examination
MSBA/MASA Model Policy 410 (Family and Medical Leave Policy)
MSBA Service Manual, Chapter 13, School Law Bulletin “M” (Licensed as well as Non-Licensed School District Employees) 

 

Family Involvement
Type: School Board Policy
Section: 900 SCHOOL DISTRICT - COMMUNITY RELATIONS
Code: 908
Adopted Date: 6/26/1995
Revised Date(s): 12/08/2008, 05/02/2019, 05/08/2019, 02/16/2022
Reviewed Date(s): 02/14/2000, 12/13/2004, 12/08/2008, 12/10/2012, 11/09/2015, 01/18/2022
Attachments:

l. PURPOSE

The purpose of this policy is to affirm a strong partnership between home and school. Family involvement in a student's education is a factor in student achievement. 

ll. GENERAL STATEMENT
 
Informed and involved families become supporters of the school. Family involvement is a critical link to student achievement, to achieving a high-quality education, and to a safe disciplined learning environment.

Family involvement will be encouraged at all grade levels. There shall be opportunities for parents/guardians to become involved both at home and at school. A special effort will be made to reach out to all parents/guardians and to accommodate language, culture, or family conditions to help all participate in their child's education. Changing family structures and strengths and needs will be recognized and programs planned accordingly.

The school district will keep parents/guardians informed of their child's progress in school and activities. There will be opportunities for parents/guardians to become involved and provide input in building and district decisions. The staff will encourage open communication between parents/guardians and the schools.
 
Cross References:
Moorhead School Board Policy 103: Philosophy of Education of Moorhead Area Public Schools
Moorhead School Board Policy 104: Mission Statement
Moorhead School Board Policy 231: Instruction and Curriculum Advisory Committee
Moorhead School Board Policy 501: Equal Educational Opportunity
Moorhead School Board Policy 607: Title I Policy Governing Parental Involvement
Moorhead School Board Policy 902: Community Involvement
Field Trips
Type: School Board Policy
Section: 600 EDUCATION PROGRAMS
Code: 610
Adopted Date: 10/24/1989
Revised Date(s): 10/13/2008, 06/08/2015, 06/12/2017, 04/21/2020, 05/12/2020
Reviewed Date(s): 03/11/1996, 01/08/2001, 01/24/2005, 10/13/2008, 06/08/2015, 06/12/2017, 04/21/2020, 04/11/2023
Attachments:

I. PURPOSE

 The purpose of this policy is to provide guidelines for student trips and to identify the general process to be followed for review and approval of trip requests. 

II. DEFINITIONS AND FORMS

A. Instructional Trips

Trips that take place during the school day, relate directly to a course of study, and require student participation shall fall in this category. These trips shall be subject to review and approval of the building principal and shall be financed by school district funds within the constraints of the school building budget. Fees may not be assessed against students to defray direct costs of instructional trips. (Minnesota Statutes section 123B.37, Prohibited Fees)

 
1. A Regular/Extended Day Field Trip Request Form (Administrative Procedure 610.1) shall be completed and approved by the building administrator and sent to the Transportation Office one week before the scheduled activity. 
 
2. Regular/Extended Day Field Trip Request Form (Administrative Procedure 610.1) Section I includes:
a) A building/transportation form stating the purpose, destination, costs, estimated time, and type of bus needed;
 
b) Authorization by the building administrator;
 
c) A roster of students going on the trip and written parent/guardian approval as needed;
 
d) A list of staff and chaperones on the trip;
 
e) The trip itinerary with estimated timelines and housing accommodation information if necessary;
 
f) An accommodation plan for students with an IEP or 504 plan;
 
g) Emergency phone numbers in order to contact advisors  or chaperones at the designation (See Administrative Procedure 721.2); and
 
h) Trip expenses and cost of the trip for individual students (if any).
 

B. Supplementary Trips

 

This category pertains to those trips in which students voluntarily participate and which usually take place outside the regular school day. Examples of trips in this category involve student activities, clubs, and other special interest groups. These trips are subject to review and approval of the activities director and/or the building principal. Financial contributions by students may be requested. (Minnesota Statutes section 123B.36, Authorized Fees)

 
1. Supplementary Field Trips are subject to review and approval by the Activities director and/or building administration. Building administrators and staff/advisors must keep a copy of the request.
 
a) Financial contributions for students for Supplementary Field Trips may be requested, contributed from PTACs, or from other outside sources.
 
b) Supplementary Field Day Field Trips use the form (Regular/Extended Day Field Trip Administrative Procedure 610.1) to be completed and approved by the building administrator and sent to the Transportation Office at least one week before the scheduled activity. (See Section III. A. 2 above for information that should be included.)
 
2. Activity/Athletic competition trip information will be handled by the Activities Office. Coaches/Advisors will review with students and provide parents/guardians relevant information prior to the season or before an individual activity/athletic field trip. Any activity events in excess of 500 miles one way from Moorhead will require School Board approval (refer to Administrative Procedure 610.3: Extracurricular Activities Field Trip Request Form). (See School Board Policy 540: Student Activities; School Board Policy 541: Student Activity Eligibility; School Board Policy 543: Student Activity Travel; School Board Bus Policy 721, Administrative Procedure 721.2: Emergency Procedures; and Section IV Field Trip Requirements below.)
 
C. Major Magnitude Trips
Trips are any trips that involve travel in excess of 500 miles one way from Moorhead, including overnight lodging. They may not be requested by a school organization or department more often than once every other year (with exceptions granted only by the Superintendent and/or designee) and must be approved by the School Board.
 

Extended trips may be instructional or supplementary and must be requested well in advance of the planned activity. An extended trip request form must be completed and approved at each level: student, principal, superintendent, and school board. Exceptions to the approval policy may be granted or expedited to accommodate emergencies or contingencies (e.g., tournament competition). 610-2 2. The school board acknowledges and supports the efforts of booster clubs and similar organizations in providing extended trip opportunities for students. 

 
1. Major Magnitude field trips are voluntary, and there should be no sanctions resulting from non-participation. These trips are normally planned for students in grades 7-12, with exceptions approved by the Superintendent and/or designee and School Board. 
 
2. Major Magnitude Field Trip Advisors need to fill out and file Administrative Procedure 610.2: Major Magnitude Field Trip Request Form Sections I, II, and III as appropriate with approval by the building supervisor, Superintendent, and/or designee, and School Board as required. 
 
a) Pre-Approval requires any teacher/advisor/coach who is contemplating a major magnitude trip should first seek approval for tentative planning from the building administrator. Only after building administration approval can informal discussions be held with students regarding planning to take place. Building administration is expected to consider the frequency of trips by students, departments, activities, and the impact on the overall education of the students. They need to consider the financial impact of the trip in the total context of other approved field trips and community financial capacity.
 
(1) Band, choir, orchestra, theater, and one additional major magnitude field trip can be requested every other year for grades 9-12.
 
b) Approval is required from the School Board and Superintendent before formal publicity, public discussion, or fundraising activities can begin and should be at least 60 days prior to the proposed date of departure. It also must be after appropriate forms have been filed and required authorizations/approvals have been obtained. 
 
3. The Major Magnitude Field Trip Administration Procedure Form 610.2 is to be presented to School Board (Sections I & III) and building administration and Superintendent or designee for approval (Sections I, II, & III). Major Magnitude Field Trip Administrative Procedure 610.2 Section I (Preliminary Approval Form) includes:
 
a) The educational purpose of the trip (including how the trip is related to the activity, if the activity is curricular or co-curricular, and how the trip is related to the course content and academic standards);
 
b) The location to be visited and general trip itinerary;
 
c) Number of school days involved (attempts shall be made to consider non-school days whenever possible);
 
d) Transportation plans;
 
(1) Overnight travel by motor coach is not allowed.
 
(2) All motor coach travel vendors must have current DOT operators and review safety history.
 
 
e) Housing plans;
 
f) Approximate number of students involved;
 
g) Approximate individual and district costs;
 
h) Plans for funding for fundraising for the trip;
 
i) Tour company involved; and
 
j) An accommodation plan for any student with an IEP or 504 plan.
 
4. After preliminary approval from the administration, Superintendent or designee, and the school board, Administrative Procedure 610.2 Section II must be submitted by the teacher/advisor to the building administration and Superintendent or designee at least two weeks in advance of the date of the trip for final approval. Failure to have provided written assurances of compliance with Section II of Administrative Procedure 610.2 and a copy given to the building administrator, advisor, and Superintendent or designee before this timeline for final approval, will result in immediate cancellation of the trip. Administrative Procedure 610.2 Section II: (Final Approval Form) includes:
 
a) Copy of Major Magnitude Field Trip Request Form Section I with authorized signatures and school board approval;
 
b) Roster of students going on the trip with a signed student and parental approval form, including Student Conduct Rules in effect during the trip (See Section IV, D below);
 
c) List of staff and adult chaperones going on the trip. Adult chaperones outside the school district will have background checks through the Human Resources Department. (See Section IV, B & C below);
 
d) A detailed trip itinerary; transportation plans at the destination, hotel/motel accommodations, addresses, phone numbers, places, and timelines of activities/events planned.
 
e) An accommodation plan for students with an IEP or 504 plan;
 
f) Trip expenses, district costs, fundraising, and cost of the trip for individual students, chaperones, and parents;
 
g) Complete the travel-related expenses paid for by the travel company provided to the district.
 
h) List of emergency phone numbers where staff/chaperones can be reached in case of an emergency;
 
i) Transportation plans to and from the destination (company flights, times, costs, schedule, chaperoning, and district transportation requests.) It must include a filed Transportation Request Form (Field Trip Administrative Form 610.1) if needed.
 
5. Following the trip, a summary report will be presented to the building administrator, Superintendent, and at a School Board Meeting assessing the degree to which the goals of the trip were attained. Use form Administrative Procedure 610.2 Section III (Trip Report). In addition, an itemized expenditure report shall be submitted to the building Administrator and the Superintendent and/or designee.
 
D. Moorhead Area Public Schools will not sponsor or approve any International trips.
An “International Trip” is defined as one that includes travel outside the United States.
 
E. Nondistrict-Sponsored Trips 
 
1. Employees entering into contracts or agreements with commercial agencies do so at their own risk. As such, any activity trip not approved by the district is considered a private venture. The district shall not be a cosponsor of any such trip.
 
2. The employee must get pre-approval from the building administrator to make no more than three email contacts with students targeted for the trip over a one-month period by accessing the students’ district email address, and the building level principal must pre-approve the email sent to students and families through the district email.
 
3. Such a non-district-sponsored trip email announcement must include the following information:
 
a) Overview of the trip, including dates, locations, estimated costs, and purpose;
 
b) Request for a private email address to receive additional information;
 
c) Notice that the trip is a non-district-sponsored trip;
 
d) Name of the commercial agency coordinating the trip.
 
4. Employees engaging in a private venture, cooperating with, receiving benefit from, or serving as agents for a commercial agency, will not use school work time, materials or other district resources to promote, plan, organize or recruit students for the non-district-sponsored trip.
 
5. If an employee cooperates with a commercial agency in organizing such a trip during a school vacation period, the employee will provide participating students and their parents/guardians with a disclaimer that states the trip is a non-district-sponsored event and not endorsed by the district.
 
6. Use of Moorhead Area Public Schools facilities to meet with groups must follow Administrative Procedure 904.2: Facility Scheduling Information.
 
7. Trip must occur outside instructional days.
 
8. Fundraising for a non-district trip cannot be affiliated with Moorhead Area Public Schools.
 
III. FIELD TRIP REGULATIONS:
 
A. Transportation:
 
1. Transportation must be furnished through a commercial carrier or school-owned vehicle.  An employee may use a personal vehicle to transport staff or personal property for purposes of a field trip upon prior written approval from the administration.

 

2. An employee must not use a personal vehicle to transport one or more students for purposes of a field trip.

 

a. If immediate transportation of a student is required due to an emergency or unforeseen circumstance, such as the illness or injury of a child, and the transportation does not constitute regular or scheduled transportation, a personal vehicle may be used. To the extent a personal vehicle is used, the vehicle must be properly registered and insured.

 

b. An employee must obtain preapproval by the administration of student transportation by a personal vehicle, if practicable. If preapproval by the administration of the use of a personal vehicle cannot be obtained in a reasonable time given the circumstances, an employee shall report the relevant facts and circumstances justifying the need for use of a personal vehicle to the administration as soon as practicable. The relevant facts and circumstances for use of a personal vehicle shall be documented by the administration.

 
B. Finances:
 
1. Cost of travel by a spouse or family member of the traveling staff/advisor will be at personal expense. 
 
2. All costs of the field trip will be itemized and provided to potential participants prior to the collection of any participant fees.
 
3. Fundraising will be used for student participation only. 
 
C. Supervision:
 
1. All students will be under assigned adult supervision while on field trips. Staff/ advisors/coaches will be responsible for ensuring that the student/adult chaperone ratio is adequate and appropriate to the age level and needs of the students.
 
2. Chaperones will be selected by and under the supervision of the teacher/advisor/coach. Chaperones are considered volunteers and will be subject to background checks.
 
3. Arrangements for student supervision, in case of an emergency, will be determined prior to departure. No supervisor/chaperone will leave his/her group unsupervised unless an arrangement has been made to take care of an emergency.
 
4. An accurate roster of students and adults going on the field trip and relevant information will be provided to chaperones, parent/guardians, and building administrator/activity director prior to the field trip or the activity/athletic season and to the Superintendent and/or designee for Major Magnitude Field Trips.
 
5. While attending a school-sponsored field trip or activity/athletic competition trip, students will be released only at the written request of the parents/guardians.
 
D. Student Conduct:
 
1. Prior to travel, advisors and coaches will review expectations of conduct with Moorhead students and chaperones. These expectations are outlined in the building’s handbook, Moorhead School Board Policy 551: Student Discipline, Minnesota State High School League Activity Rules, and other school policies related to student activity and activity travel. They are in effect 24 hours a day for the duration of the trip. If a student misbehaves or fails to adhere to the rules, his /her parents/guardians will be contacted, and appropriate action will be taken.
 
 
 
Legal References:
Minn. Stat. 123B.36 (Authorized Fees)
Minn. Stat. 123B.37 (Prohibited Fees)
Minn. Stat. 123B.49 (Extracurricular Activities; Insurance)

Minn. Stat. § 169.011, Subd. 71(a) (Definition of a School Bus)

Minn. Stat. § 169.454, Subd. 13 (Type III Vehicle Standards – Exemption)

Sonkonsky v. Board of Education for Indep. Sch. Dist. No. 721, 327F.3d 675 (8th Cir 2003)
Lee v. Pine Bluff Sch. Dist., 472 F3d 1025 (8th Cir 2007)
 
Cross References:
Moorhead School Board Policy 413: Employment Background Checks
Moorhead School Board Policy 540: Student Activities
Moorhead School Board Policy 541: Student Activity Eligibility
Moorhead School Board Policy 543: Student Activity Travel
Moorhead School Board Policy 551: Student Discipline
Moorhead School Board Policy 570: Prohibition of Harassment and Violence
Moorhead School Board Policy 572: Drug-Free Workplace/Drug-Free School
Moorhead School Board Policy 573: Tobacco-Free Environment
Moorhead School Board Policy 608: Home-Schooled Students 
Moorhead School Board Policy 711: Severe Weather-Related School Closings
Moorhead School Board Policy 721: Student Transportation Safety
Minnesota State High School Activity Rules
Fund Balance
Type: School Board Policy
Section: 700 NON-INSTRUCTIONAL OPERATIONS AND BUSINESS SERVICES
Code: 714
Adopted Date: 1/26/2009
Revised Date(s): 06/27/2011, 06/25/2018, 07/22/2022
Reviewed Date(s): 06/27/2011, 12/15/2014, 06/25/2018, 06/21/2022, 07/22/2022
Attachments:

I. PURPOSE

The purpose of this policy is to ensure the financial stability of the Moorhead Area Public Schools, to provide a sound basis to justify a strong financial rating, and to provide a reserve enabling the school district to deal with unforeseen budget expenditures and revenue shortfalls.

II. GENERAL STATEMENT

The policy of this school district is to classify its fund balances based on the nature of the particular net resources reported in the separate funds of the district. The district will report fund balances in compliance with reporting guidelines specified in Statement No. 54 of the Governmental Accounting Standards Board (GASB). To the extent a specific conflict occurs between this policy and the provisions of GASB Statement No. 54, the GASB Statement shall prevail.
 
III. DEFINITIONS
 
A. “Assigned” fund balance amounts are comprised of unrestricted funds constrained by the school district’s intent that they be used for specific purposes, but that do not meet the criteria to be classified as restricted or committed. In funds other than the general fund, the assigned fund balance represents the remaining amount that is not restricted or committed. The assigned fund balance category will cover the portion of a fund balance that reflects the school district’s intended use of those resources. The action to assign a fund balance may be taken after the end of the fiscal year. An assigned fund balance cannot be a negative number.

B. “Committed” fund balance amounts are comprised of unrestricted funds used for specific purposes pursuant to constraints imposed by formal action of the School Board and that remain binding unless removed by the School Board by subsequent formal action. The formal action to commit a fund balance must occur prior to fiscal year-end; however, the specific amounts actually committed can be determined in the subsequent fiscal year. A committed fund balance cannot be a negative number.

C. “Enabling legislation” means legislation that authorizes a school district to assess, levy, charge, or otherwise mandate payment of resources from external providers and includes a legally enforceable requirement that those resources be used only for the specific purposes listed in the legislation.

D. “Fund balance” means the arithmetic difference between the assets and liabilities reported in a school district fund.

E. “Nonspendable” fund balance amounts are comprised of funds that cannot be spent because they are either not in spendable form or are legally or contractually required to be maintained intact. They include items that are inherently unspendable, such as, but not limited to, inventories, prepaid items, long-term receivables, non-financial assets held for resale, or the permanent principal of endowment funds.

F. “Restricted” fund balance amounts are comprised of funds that have legally enforceable constraints placed on their use that either are externally imposed by resource providers or creditors (such as through debt covenants), grantors, contributors, voters, or laws or regulations of other governments, or are imposed by law through constitutional provisions or enabling legislation.

G. “Unassigned” fund balance amounts are the residual amounts in the general fund not reported in any other classification. Unassigned amounts in the general fund are technically available for expenditure for any purpose. The general fund is the only fund that can report a positive unassigned fund balance. Other funds would report a negative unassigned fund balance should the total of nonspendable, restricted and committed fund balances exceed the total net resources of that fund.

H. “Unrestricted” fund balance is the amount of fund balance left after determining both nonspendable and restricted net resources. This amount can be determined by adding the committed, assigned, and unassigned fund balances.

IV. CLASSIFICATION OF FUND BALANCES
 
The school district shall classify its fund balances in its various funds in one or more of the following five classifications: nonspendable, restricted, committed, assigned, and unassigned.
 
V. MINIMUM FUND BALANCE

A. The School Board will endeavor to maintain a minimum unassigned General Fund balance of at least 25% of the district’s General Fund operating budget. When the unassigned General Fund balance is projected to decrease below 17% of the General Fund budget, the district shall initiate one or more of the following measures to ensure that the year-end General Fund unassigned balance for the budget year in question does not fall below 17%:

1. Reduce expenditures through implementation of cost containment measures.

2. Seek opportunities to increase revenue. Consider fee increases where appropriate. Examine options to increase enrollment.


3. If permitted by state law, request from voters additional revenue through an increase in the operating referendum or other financial options.

4. A combination of the above.

B. When the fund balance in the General Fund budget approaches 17%, the district shall implement other budget control measures that do not adversely affect delivery of instructional programs.

C. The Fund Balance policy shall also apply to the administration of the Food Service Operating Fund and the Community Education Fund with proper consideration and adjustment to conform with reserve limits established by statute.

 
VI. ORDER OF RESOURCE USE

If resources from more than one fund balance classification could be spent, the school district will strive to spend resources from fund balance classifications in the following order (first to last): restricted, committed, assigned, and unassigned.

VII. COMMITTING FUND BALANCE

A majority vote of the School Board is required to commit a fund balance to a specific purpose and subsequently to remove or change any constraint so adopted by the board.

VIII. ASSIGNING FUND BALANCE

The School Board, by majority vote, may assign fund balances to be used for specific purposes when appropriate. The board also delegates the power to assign fund balances to the Superintendent or designee. Assignments so made shall be reported to the School Board on a monthly basis, either separately or as part of ongoing reporting by the assigning party if other than the School Board.

An appropriation of an existing fund balance to eliminate a projected budgetary deficit in the subsequent year’s budget in an amount no greater than the projected excess of expected expenditures over expected revenues satisfies the criteria to be classified as an assignment of fund balance.

IX. REVIEW

The School Board will conduct an annual review of the sufficiency of the minimum unassigned general fund balance level.


Legal Reference:
Statement No. 54 of the Governmental Accounting Standards Board
 
Cross Reference:
MSBA/MASA Model Policy 714 (Fund Balances) 
Fund Balance Procedures
Type: Administrative Procedure
Section: 700 NON-INSTRUCTIONAL OPERATIONS AND BUSINESS SERVICES
Code: 714.1
Adopted Date: 1/26/2009
Revised Date(s): 07/22/2022
Reviewed Date(s): 12/15/2014, 06/25/2018
Attachments:

Fund balance procedures:

A. Regular updating of the long-range budget projection by administration is an important component to the management of fund balance.  Update of the budget may help identify resources available for program enhancement or may help determine if cost containment efforts are required.

B. The Moorhead Area Public Schools budget is tied to a variety of unpredictable and uncontrollable factors which are to be monitored in the long-range budget projection, including the following:

1. Receipt of state revenue is subject to change by the legislature.

2. Receipt of revenue from state and local sources is irregular when compared to the expenditure of funds, thereby creating periodic cash flow deficits during the year.

3. Higher than usual tax delinquencies may occur during periods of economic downturn, thus reducing school district property tax receipts.

4. Unexpected events can alter the budget by unexpectedly reducing revenues or adding costs. Examples include:

•    Rescission of state revenue
•    Mandated, but not funded, state or federal programs
•    Increased utility costs due to abnormal price increases or unusually cold weather
•    Greater than expected inflation
•    Higher than expected wage and salary settlements
•    Unexpected deficits in other operating funds (Food Service, Transportation, and Community Education and Services)
•    Decrease in projected enrollment

C. The following are consequences related to fund balances in a school district’s General Fund:

1. School districts without sufficient funds on hand must borrow money on a short-term basis to cover cash flow deficits.

2. Maintenance of an adequate, stable fund balance decreases interest expense on bonded debt through an approved bond rating.

3. When cash is not needed to meet operating expenses, cash on hand will be invested to generate additional income for the school district.

Fundraising Activity Form
Type: Administrative Procedure
Section: 500 STUDENTS
Code: 511.2
Adopted Date: 4/8/1980
Revised Date(s): 06/22/2009, 11/14/2018, 01/28/2019
Reviewed Date(s): 12/01/1990, 11/20/1991, 11/10/2003, 06/22/2009, 05/08/2017
Attachments:

Adm Procedure attached.

Fundraising Completion Form
Type: Administrative Procedure
Section: 500 STUDENTS
Code: 511.3
Adopted Date: 4/8/1980
Revised Date(s): 11/04/2003, 07/29/2009, 05/08/2017, 11/14/2018, 12/05/2018
Reviewed Date(s): 11/20/1991, 11/04/2003, 05/08/2017
Attachments:

Procedure attached.

Gifts to Employees
Type: School Board Policy
Section: 400 EMPLOYEES/PERSONNEL
Code: 421
Adopted Date: 12/15/2014
Revised Date(s): 04/09/2018, 05/18/2021
Reviewed Date(s): 04/09/2018, 04/20/2021
Attachments:

I. PURPOSE

The purpose of this policy is to avoid the appearance of impropriety or the appearance of a conflict of interest with respect to gifts given to Moorhead Area Public Schools employees.

II. GENERAL STATEMENT

A. The school district recognizes that students, parents, and others may wish to show appreciation to school district employees. It is the policy of the school district, however, to discourage gift-giving to employees, and to encourage donors instead to write letters and notes of appreciation or to give small tokens of gratitude as memorabilia.

B. It shall be a violation of this policy for any employee to solicit, accept, or receive either by direct or indirect means, a gift from a student, parent/guardian, or other individual or organization of greater than nominal value.

C. It shall be a violation of this policy for any employee to solicit, accept, or receive a gift from a person or entity doing business with or seeking to do business with the school district. Employees may accept items of insignificant value of a promotional or public relations nature. The Superintendent has discretion to determine what value is “insignificant.”

D. Teachers may accept from publishers free samples of textbooks and related teaching materials.

E. This policy applies only to gifts given to employees where the donor’s relationship with the employee arises out of the employee’s employment with the school district. It does not apply to gifts given to employees by personal friends, family members, other employees, or others unconnected to the employee’s employment with the school district.

III. DEFINITION

A. “Gift” means money, real or personal property, a service, a loan, a forbearance or forgiveness of indebtedness, or a promise of future employment, that is given without something of equal or greater value being received in return.

B. "Interested person" means a person or a representative of a person or association that has a direct financial interest in a decision that a school board member, a superintendent, a school principal, or a district school officer is authorized to make.

C. "Financial interest" means any ownership or control in an asset which has the potential to produce a monetary return.

IV. PROCEDURES

Any employee considering the acceptance of a gift shall confer with the administration for guidance related to the interpretation and application of this policy.

V. VIOLATIONS

Employees who violate the provisions of this policy may be subject to discipline, which may include reprimand, suspension, and/or termination or discharge.

 
Legal References:
Minn. Stat. § 10A.07 (Conflicts of Interest)
Minn. Stat. § 10A.071 (Prohibition of Gifts)
Minn. Stat. § 15.43 (Acceptance of Advantage by State Employee; Penalty)
Minn. Stat. § 471.895 (Certain Gifts by Interested Persons Prohibited)
 
Cross References:
Moorhead School Board Policy 205: School Board Conflict of Interest
Moorhead School Board Policy 206: School Board Code of Ethics  
MSBA/MASA Model Policy 421 (Gifts to Employees and School Board Members)
Grievance Procedures for Equal Opportunity
Type: Administrative Procedure
Section: 400 EMPLOYEES/PERSONNEL
Code: 401.1
Adopted Date: 12/13/1983
Revised Date(s): 01/08/2007, 08/09/2010, 12/13/2010, 11/10/2014, 11/24/2020, 01/06/2021, 10/10/2023
Reviewed Date(s): 05/17/1988, 04/26/1994, 02/08/1999, 11/10/2003, 01/08/2007, 08/09/2010, 12/13/2010, 11/10/2014, 02/12/2018, 01/06/2021, 10/10/2023
Attachments:

I. PURPOSE

The purpose of this procedure is to ensure that the Moorhead Area Public Schools provides the opportunity for students, parents, guardians of students, or school district employees to grieve matters pertaining to discriminatory practices. 

II. GENERAL STATEMENT

Where grievance procedures are established through master contracts/agreements with employee organizations, either this or the employee organization's procedure may be implemented to resolve the problem.

This procedure addresses itself to discriminatory acts or policies regarding race, color, national origin, creed, religion, sex, sexual orientation, including gender identity or expression, marital status, age, limited English proficiency, status with regard to public assistance or disability. This procedure may be used as a complaint against an individual or the school district for alleged discriminatory acts in violation of state or federal statutes or school district policy. Nothing provided herein shall abridge or limit the right of any individual to seek enforcement of state and/or federal laws or to be represented by counsel.
 
Section 1: Definition

Grievance: A complaint about an alleged violation, misinterpretation, or inequitable application of state and/or federal laws and regulations or school district policy and procedures affecting equality in the educational program and/or employment practices.

Grievant: Any student, parent or guardian of a student, or employee of the school district who believe(s) that there is, or has been, a violation, misinterpretation or inequitable application of state and/or federal laws and regulations or school district policy and procedures affecting equality in the educational program and/or employment practices.

Respondent: Person, persons, or group named in grievance who allegedly discriminated.

Supervisor: Any school district administrator, i.e. superintendent, building and site administrators, assistant principal, assistant superintendent, human resources director, members of the supervisors' bargaining unit, or Moorhead School Board.

Days: "Days" shall mean all weekdays, excluding Saturday, Sunday and days designated as holidays by state law.

Section 2: Waiver of Steps and Time Limits
 
The Moorhead Area Public Schools encourages grievants to initiate the procedure described in Section 4 as soon as possible after an alleged violation, misinterpretation, or inequitable application of state and/or federal laws and regulations or school district policy and procedures affecting equality in the education program and/or employment practices occurs. Postmarks or dates or initialed receipts shall serve for counting days to comply with this grievance procedure. Communications must be transmitted through U.S. certified mail or hand-delivered and witnessed. The parties, by mutual written agreement, may waive any step and extend any time limit in the grievance procedure. If the respondent/supervisor does not respond within the time limits, the grievant may proceed to the next step immediately.

Section 3: Withdrawal

A grievance may be withdrawn by the grievant at any step.

Section 4: Title IX

Grievances falling under regulations applicable to sexual harassment as defined by Title IX for students and employees must contact the Title IX Officer and follow the grievance procedure defined in Moorhead Area Public Schools Policy 522: Title IX Nondiscrimination Policy, Grievance Procedure and Process.

Title IX Officer:
Kristin Dehmer, Assistant Superintendent of Business and Administrative Services

Operations Center
1313 30th Avenue South
Moorhead, MN 56560
218-284-3350

Section 5: Procedure

The grievant should first make an attempt to resolve the complaint through open discussion with the respondent and/or respondent's immediate supervisor, building supervisor, or his/her designee. The discussion should take place as soon as possible after the alleged incident. The informal complaint shall include the following information: (1) nature of the grievance; (2) facts, including dates, places, persons, and actions; and, (3) relief requested. If the grievance is not resolved in or with the human resources department the informal discussion stage, the grievant may file a formal oral or written complaint (Administrative Procedure 402.2: Discrimination Complaint Form) with the immediate supervisor of the respondent.

The formal complaint shall include the following information: (1) nature of the grievance; (2) facts including dates, places, persons, and actions; and, (3) relief requested. The formal written grievance shall be certified mailed or hand-delivered and witnessed to the immediate supervisor of the respondent or the human resources department who will determine whether the grievance is filed at the correct level. The grievant will be notified if the placement is not appropriate. If filed at the appropriate step, the supervisor will have five (5) days to respond, during which time the supervisor and the human resources director shall have held a conference with interested parties before a response will be sent to the next step.

If the grievant is not satisfied with the response of the previous step, an appeal may be filed with the superintendent within a period of five (5) days following the supervisor's/executive director of human resources and operations response. The superintendent will respond in the same manner as any other supervisor, and will render a decision and mail by certified mail or hand-deliver with witness the response within the five (5) day period. A copy of the response will be sent to the district's human resources director and, if applicable, to the School Board.

If the grievant is not satisfied with the response of the superintendent, an appeal may be filed with the School Board within a five (5) day period following the superintendent's response. The School Board will have the following options to consider the matter: 1) within 14 days, appoint an independent hearing officer; 2) within 14 days, appoint a subcommittee of the School Board to hear the grievance; or, 3) within 14 days, take the grievance to the full School Board to be considered at the next regularly scheduled School Board meeting unless the School Board is next scheduled to meet within seven (7) days of receipt of the grievance appeal.

The School Board decision shall be rendered within five (5) days of the hearing of the grievance. A copy of the response shall be sent to the superintendent, human resources director and the grievant.

Nothing in this grievance procedure shall preclude the grievant from filing a complaint with any or all of the following agencies at any time:

MN Department of Human Rights
190 East 5th Street, Suite 700
St. Paul, MN 55101
1-800-657-3704

U.S. Equal Employment Opportunity Commission
1801 L Street NW
Washington, D.C. 20507
(202) 663-4900

Equal Employment Opportunity Commission (Regional Office)
Reuss Federal Plaza
310 W. Wisconsin Avenue
Suite 800
Milwaukee, WI 53203-2292
1-800-669-4000

Equal Employment Opportunity Commission
330 2nd Avenue South, Suite 720
Minneapolis, MN 55401-2224
612/335-4040
 
III. REPRISAL
 
The Moorhead Area Public Schools will discipline or take appropriate action against any student, teacher, administrator or other school personnel who retaliates against any person who reports alleged unlawful discrimination based on race, color, national origin, creed, religion, sex, sexual orientation, marital status, age, limited English proficiency, status with regard to public assistance or disability, toward a student or any person who testifies, assists or participates in an investigation, or who testifies, assists or participates in a proceeding or hearing relating to such unlawful discrimination. Retaliation includes but is not limited to, any form of intimidation, reprisal, or harassment.

Legal References:
Minn. Stat. 363 (Minnesota Human Rights Act)
29 U.S.C. 621 et seq. (Age Discrimination in Employment Act)
29 U.S.C. 2615 (Family and Medical Leave Act)
38 U.S.C. 4301 et seq. (Vietnam Era Veterans Readjustment Assistance Act)
38 U.S.C. 4211 et seq. (Veterans Reemployment Rights Act)
42 U.S.C. 2000e et seq. (Title VII of the Civil Rights Act)
42 U.S.C. 12101 et seq. (Americans with Disabilities Act)
20 U.S.C. 1681 et seq. (Title IX of the Education Amendments of 1972)

Cross References:
Moorhead School Board Policy 102: State and Federal Law Prohibiting Discrimination
Moorhead School Board Policy 401: Equal Employment Opportunity Statement
Moorhead School Board Policy 404: Employment Disability Nondiscrimination
Moorhead School Board Policy 410: Employment of Faculty and Staff
Moorhead School Board Policy 405: Veteran's Preference Hiring
Moorhead School Board Policy 522: Title IX Nondiscrimination Policy, Grievance Procedure and Process
Moorhead School Board Policy 413: Prohibition of Harassment and Violence

Guidelines for Distribution of Materials on School District Property by Nonschool Persons
Type: Administrative Procedure
Section: 900 SCHOOL DISTRICT - COMMUNITY RELATIONS
Code: 906.1
Adopted Date: 9/18/2006
Revised Date(s): 03/08/2007, 06/13/2016
Reviewed Date(s): 03/08/2007, 01/23/2012, 06/13/2016
Attachments:
I. GUIDELINES

A. Nonschool persons and organizations may, within the provisions of this policy, be granted permission to distribute, at reasonable times and places as set forth in this policy, and in a reasonable manner, materials and objects which are appropriate to the school setting.

B. Requests for distribution of materials will be reviewed by the administration on a case-by-case basis.  However, distribution of the following materials is always prohibited.  Material is prohibited that:

1. is obscene to minors;

2. is libelous;

3. is pervasively indecent or vulgar or contains any indecent or vulgar language or representations, with a determination made as to the appropriateness of the material for the age level of students to which it is intended;

4. advertises any product or service not permitted to minors by law;

5. advocates violence or other illegal conduct;

6. constitutes insulting or fighting words, the very expression of which injuries or harasses other people (e.g., threats of violence, defamation of character or of a person's race, religious or ethnic origin);

7. presents a clear and present likelihood that, either because of its content or the manner of distribution, it will cause a material and substantial disruption of the proper and orderly operation and discipline of the school or school activities, will cause the commission of unlawful acts or the vioaltion of lawful school regulations.

C. Permission for nonschool persons to distribute materials on school district property is a privilege and not a right.  In making decisions regarding permission for such distribution, the administration will consider factors including, but not limited to the following:

1. whether the material is educationally related;

2. the extent to which distribution is likely to cause disruption of or interference with the school district's educational objectives, discipline or school activities;

3. whether the materials can be distributed from the office or other isolated location so as to minimize disruption of traffic flow in hallways;

4. the quantity or size of materials to be distributed;

5. whether distribution would require assignment of school district staff, use of school district equipment, or other resources;

6. whether distribution would require that nonschool persons be present on the school grounds;

7. whether the materials are a solication for goods or services not requested by the recipients.

II. TIME, PLACE AND MANNER OF DISTRIBUTION

If permission is granted pursuant to this policy for the distribution of any materials, the time, place and manner of distribution will be solely within the discretion of the administration, consistent with the provisions of this policy.

III. PROCEDURES

A. Non-school agencies wishing to distribute written handouts directed to students in grades K-5 must submit material for inclusion in KIDsource. This publication allows for paid advertising and is distributed monthly through Community Education. No individual district-wide or school-wide handouts or requests for inclusion in school newsletters are permitted.

B. Non-school agencies wishing to distribute materials for students in grades 6-12 or employees must first submit for approval a copy of the  material to be distributed to the superintendent or designee. He or she will determine whether or not the material meets the district criteria. Submit a copy of the material along with:
 
1. Name and phone number of the person submitting the request.

2. Date(s) and time(s) of day of requested distribution.

3. If material is intended for students, the grade(s) of students to whom the distribution is intended.

4. The proposed method of distribution.

C. The administration will review the request and render a decision.  The administration will assign a location and method of distribution and will inform the persons submitting the request whether nonschool persons may be present to distribute the materials.  In the event that permission to distribute the materials is denied or limited, the person submitting the request should be informed in writing of the reasons for the denial or limitation.

D. Permission or denial of permission to distribute material does not imply approval or disapproval of its contents by either the school, the administration of the school, the school board, or the individual reviewing the material submitted.

E. In the event that permission to distribute materials is denied, the nonschool person or organization may request reconsideration of the decision by the Superintendent. The request for reconsideration must be in writing and must set forth the reasons why distribution is desirable and in the interest of the school community.   

Harassment and Violence Report Form
Type: Administrative Procedure
Section: 400 EMPLOYEES/PERSONNEL
Code: 413.1
Adopted Date: 4/11/2005
Revised Date(s): 04/09/2007, 12/14/2009, 04/09/2012, 08/22/2012, 06/08/2015, 12/10/2018, 11/16/2023
Reviewed Date(s): 04/09/2007, 12/14/2009, 04/09/2012, 06/08/2015, 06/13/2016, 02/12/2018, 11/16/2023
Attachments:

Adm Procedure

Hazing Prohibition
Type: School Board Policy
Section: 500 STUDENTS
Code: 526
Adopted Date: 2/9/1998
Revised Date(s): 02/12/2007, 06/13/2011, 12/15/2014, 06/08/2015, 05/29/2018, 05/18/2021, 02/13/2024
Reviewed Date(s): 06/09/2003, 02/12/2007, 06/13/2011, 12/15/2014, 06/08/2015, 05/29/2018, 04/20/2021, 02/13/2024
Attachments:

l. PURPOSE

The purpose of this policy is to maintain a safe learning environment for students and staff that is free from hazing. Hazing activities of any type are inconsistent with the educational goals of the Moorhead Area Public Schools and are prohibited at all times.

ll. GENERAL STATEMENT

A. No student, teacher, administrator, coach/advisor, volunteer, contractor, or other employee of the school district shall plan, direct, encourage, aid, or engage in hazing.

B. No teacher, administrator, coach/advisor, volunteer, contractor, or other employee of the school district shall permit, condone or tolerate hazing.

C. Apparent permission or consent by a person being hazed does not lessen the prohibitions contained in this policy.

D. Retaliation against a victim, good faith reporter, or a witness of hazing is prohibited.
 
E. False accusations or reports of hazing against a student, teacher, administrator, volunteer, contractor, or other employee are prohibited. 
 
F. A person who engages in an act of hazing, reprisal, retaliation, or false reporting of hazing or permits, condones or tolerates hazing shall be subject to discipline or other remedial responses for that act in accordance with the school district's policies and procedures.
 
Consequences for students who commit, tolerate, or are a party to prohibited acts of hazing may range from remedial responses or positive behavioral interventions up to and including suspension and/or expulsion.
 
Consequences for employees who permit, condone, or tolerate hazing or engage in an act of reprisal or intentional false reporting of hazing may result in disciplinary action up to and including termination or discharge. 
 
Consequences for other individuals engaging in prohibited acts of hazing may include, but not be limited to, exclusion from school district property and events and/or termination of services and/or contracts.
 
G. This policy applies to hazing that occurs during and after school hours, on or off school premises or property, at school functions or activities, or on school transportation.


H. A person who engages in an act that violates school policy or law in order to be initiated into or affiliated with a student organization shall be subject to discipline for that act.

I. The school district will act to investigate all complaints of hazing and will discipline or take appropriate action against any student, teacher, coach/advisor, administrator, volunteer, contractor, or other employees of the school district who is found to have violated this policy.

lll. DEFINITIONS

A. "Hazing" means committing an act against a student or coercing a student into committing an act that creates a substantial risk of harm to a person in order for the student to be initiated into or affiliated with a student organization or for any other school-related purpose. The term hazing includes, but is not limited to:

1. Any type of physical brutality such as whipping, beating, striking, branding, electronic shocking, or placing a harmful substance on the body.

2. Any type of physical activity such as sleep deprivation, exposure to weather, confinement in a restricted area, calisthenics, or other activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student.

3. Any activity involving the consumption of any alcoholic beverage, drug, tobacco product, or any other food, liquid, or substance that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student.

4. Any activity that intimidates or threatens the student with ostracism, that subjects a student to extreme mental stress, embarrassment, shame, or humiliation, that adversely affects the mental health or dignity of the student, or discourages the student from remaining in school.

5. Any activity that causes or requires the student to perform a task that involves a violation of state or federal law or of school district policies or regulations.

B. "Immediately" means as soon as possible but in no event longer than 24 hours.
 
C. “On school premises or school district property, or at school functions or activities, or on school transportation” means all school district buildings, school grounds, school property, school bus stops, school buses, school vehicles, school contracted vehicles, or any other vehicles approved for school district purposes, the area of entrance or departure from school grounds, premises, or events, and all school-related functions, school-sponsored activities, events, or trips. 

D. “Remedial response” means a measure to stop and correct hazing, prevent hazing from recurring, and protect, support, and intervene on behalf of a student who is the target or victim of hazing.

E. “Student” means a student enrolled in a public school or a charter school.

F. "Student organization" means a group, club, or organization that meets and has students as its primary members or participants. It includes grade levels, classes, teams, activities, or particular school events. A student organization does not have to be an official school organization to come within the terms of this definition.
 
lV. REPORTING PROCEDURE

A. Any person who believes he or she has been the target or victim of hazing or any person with knowledge or belief of conduct which may constitute hazing shall report the alleged acts immediately to an appropriate school district official designated by this policy. Moorhead Area Public Schools encourages the reporting party or complainant to use the report form (Administrative Procedure 526.1: Hazing Report Form) available from the building administrator or the school district office, but oral reports shall be considered complaints as well. A person may report hazing anonymously. However, the school district may not rely solely on an anonymous report to determine discipline or other remedial responses.
 
B. The school district encourages the reporting party to use the report form available from the principal or building supervisor of each building or available from the school district office, but oral reports shall be considered complaints as well.

The building administrator, the administrator's designee, or the building supervisor (hereinafter the "building report taker") is the person responsible for receiving reports of hazing at the building level. Any adult school district personnel who receives a report of hazing prohibited by this policy shall inform the building report taker immediately. Any person may report hazing directly to a school district human rights officer or the Superintendent. If the complaint involves the building report taker, the complaint shall be made or filed directly with the Superintendent or the school district human rights officer (Assistant Superintendent of Business and Administrative Services) by the reporting party or complainant.

The building report taker shall ensure that this policy and its procedures, practices, consequences, and sanctions are fairly and fully implemented and shall serve as the primary contact on policy and procedural matters.
 
C. A teacher, administrator, volunteer, contractor, and other school employees shall be particularly alert to possible situations, circumstances, or events which might include hazing. Any such person who witnesses, observes, receives a report of, or has other knowledge or belief of conduct which may constitute hazing shall make reasonable efforts to address and resolve the hazing and shall inform the building administrator immediately. School district personnel who fail to inform the building report, taker of conduct, that may constitute hazing or who fail to make reasonable efforts to address and resolve the hazing in a timely manner may be subject to disciplinary action.
 
D. Submission of a good faith complaint or report of hazing will not affect the complainant or reporter's future employment, grades, work assignments, or educational or work environment.
 
E. Reports of hazing are classified as private educational and/or personnel data and/or confidential investigative data and will not be disclosed except as permitted by law. The building report taker, in conjunction with the responsible authority, shall be responsible for keeping and regulating access to any report of hazing and the record of any resulting investigation.
 
F. The school district will respect the privacy of the complainant(s), the individual(s) against whom the complaint is filed, and the witnesses as much as possible, consistent with the school district's legal obligations to investigate, to take appropriate action, and to comply with any discovery or disclosure obligations. 
 
V. SCHOOL DISTRICT ACTION

A. Upon receipt of a complaint or report of hazing, the school district shall promptly undertake or authorize an investigation by school district officials or a third party designated by the school district.

B. The building report taker or other appropriate school district officials may take immediate steps, at their discretion, to protect the target(s) or victim(s) of the hazing, the complainant(s), the reporter(s), and students or others pending completion of an investigation of alleged hazing.

C. The alleged perpetrator(s) of the hazing shall be allowed the opportunity to present a defense during the investigation or prior to the imposition of discipline or other remedial responses.
 
D. Upon completion of an investigation that determines hazing has occurred, the school district will take appropriate action. Such action may include but is not limited to, warning, suspension, exclusion, expulsion, transfer, remediation, termination, or discharge. Disciplinary consequences will be sufficiently severe to try to deter violations and to appropriately discipline prohibited behavior. School district action taken for violation of this policy will be consistent with the requirements of applicable collective bargaining agreements; applicable statutory authority, including the Minnesota Pupil Fair Dismissal Act; and applicable school district policies and regulations.
 
E. The school district is not authorized to disclose to a victim private educational or personnel data regarding an alleged perpetrator who is a student or employee of the school district. School officials will notify the parent(s) or guardian(s) of students who are targets or victims of hazing and the parent(s) or guardian(s) of alleged perpetrators of hazing who have been involved in a reported and confirmed hazing incident of the remedial or disciplinary action taken, to the extent permitted by law.
 
Vl. RETALIATION OR REPRISAL

The school district will discipline or take appropriate action against any student, teacher, administrator, volunteer, contractor, or other employees of the school district who commits an act of reprisal or who retaliates against any person who asserts, alleges, or makes a good faith report of alleged hazing, who provides information about hazing, who testifies, assists, or participates in an investigation of alleged hazing, or who testifies, assists or participates in a proceeding or hearing relating to such hazing. Retaliation includes but is not limited to, any form of intimidation, reprisal, harassment, or intentional disparate treatment. Disciplinary consequences will be sufficiently severe to deter violations and to appropriately discipline the individual(s) who engaged in the prohibited conduct. Remedial responses to the prohibited conduct shall be tailored to the particular incident and nature of the conduct.

Vll. DISSEMINATION OF POLICY

This policy shall appear in each school's student handbook and the employee handbook. The building administrator is responsible for the annual review of the handbooks with students and staff.


Legal References:
Minn. Stat. 121A.69 (Hazing Policy)
Minn. Stat. 121A.0311 (Notice of the Rights and Responsibilities of Students and Parents Under the Safe and Supportive Minnesota Schools Act)
Minn. Stat. 121A.40-121A.56 (Pupil Fair Dismissal Act)
Minn. Stat. 121A.031 (School Student Bullying Policy)
 
Cross References:
Moorhead School Board Policy 510: Student Activity Eligibility
Moorhead School Board Policy 506: Student Discipline
Moorhead School Board Policy 413: Prohibition of Harassment and Violence
Moorhead School Board Policy 514: Bullying Prohibition
Moorhead School Board Policy 419: Tobacco-Free Environment
MSBA/MASE Model Policy 526 (Hazing Prohibition) 
Hazing Report Form
Type: Administrative Procedure
Section: 500 STUDENTS
Code: 526.1
Adopted Date: 6/13/2011
Revised Date(s): 12/15/2014, 05/18/2021
Reviewed Date(s): 12/15/2014, 06/08/2015, 05/29/2018
Attachments:

Administrative Procedure 526.1 is attached.

Health and Safety
Type: School Board Policy
Section: 800 BUILDINGS AND SITES
Code: 807
Adopted Date: 6/11/2012
Revised Date(s): 07/15/2013, 07/14/2014, 06/08/2015, 07/13/2021, 06/14/2023
Reviewed Date(s): 07/15/2013, 07/14/2014, 06/08/2015, 04/11/2016, 05/08/2017, 06/25/2018, 06/13/2019, 07/15/2020, 06/14/2023
Attachments:

 

I. PURPOSE

The purpose of this policy is to assist the school district in promoting health and safety, reducing injuries, and complying with federal, state, and local health and safety laws and regulations.
 
II. GENERAL STATEMENT
 
A. The policy of the school district is to implement a health and safety program that includes plans and procedures to protect employees, students, volunteers, and members of the general public who enter school district buildings and grounds (Attachment 807-A). The objective of the health and safety program will be to provide a safe and healthy learning environment; to increase safety awareness; to help prevent accidents, illnesses, and injuries; to reduce liability; to assign duties and responsibilities to school district staff to implement and maintain the health and safety program; to establish written procedures for the identification and management of hazards or potential hazards; to train school district staff on safe work practices; and to comply with all health and safety, environmental, and occupational health laws, rules, and regulations.

B. All school district employees have a responsibility for maintaining a safe and healthy environment within the school district and are expected to be involved in the health and safety program to the extent practicable. For the purpose of implementing this policy, the school district may form a health and safety advisory committee to be appointed by the Superintendent. The health and safety advisory committee will be composed of employees and other individuals with specific knowledge of related issues. The advisory committee will provide recommendations to the administration regarding plans and procedures to implement this policy and to establish procedures for identifying, analyzing, and controlling hazards, minimizing risks, and training school district staff on safe work practices. The committee will also recommend procedures for investigating accidents and enforcement of workplace safety rules. Each recommendation shall include estimates of annual costs of implementing and maintaining that proposed recommendation. The Superintendent may request that the safety committee established under Minnesota Statutes section 182.676 carry out all or part of the duties of the advisory committee or the advisory committee may consider recommendations from a separate safety committee established under Minnesota Statutes section 182.676.

III. PROCEDURES

A. Based upon recommendations from the health and safety advisory committee and subject to the budget adopted by the School Board to implement or maintain these recommendations, the administration will adopt and implement written plans and procedures for identification and management of hazards or potential hazards existing within the school district in accordance with federal, state, and local laws, rules, and regulations. Written plans and procedures will be maintained, updated, and reviewed by the School Board on an annual basis and shall be an addendum to this policy. The administration shall identify in writing a contact person to oversee compliance with each specific plan or procedure.

B. To the extent that federal, state, and local laws, rules, and regulations do not exist for identification and management of hazards or potential hazards, the health and safety advisory committee shall evaluate other available resources and generally accepted best practice recommendations. Best practices are techniques or actions which, through experience or research, have consistently proven to lead to specific positive outcomes.

C. The school district shall monitor and make good faith efforts to comply with any new or amended laws, rules, or regulations to control potential hazards.

IV. PROGRAM AND PLANS
 
A. For the purpose of implementing this policy, the administration will, within the budgetary limitations adopted by the School Board, implement a health and safety program that includes specific plan requirements in various areas as identified by the health and safety advisory committee. Areas that may be considered include, but are not limited to, the following:

1. Asbestos
2. Fire and Life Safety
3. Employee Right to Know
4. Emergency Action Planning
5. Combustible and Hazardous Materials Storage
6. Indoor Air Quality
7. Mechanical Ventilation
8. Mold Cleanup and Abatement
9. Accident and Injury Reduction Program: Model AWAIR Program for Minnesota Schools
10. Infectious Waste/Bloodborne Pathogens
11. Community Right to Know
12. Compressed Gas Safety
13. Confined Space Standard
14. Electrical Safety
15. First Aid/CPR/AED
16. Food Safety Inspection
17. Forklift Safety
18. Hazardous Waste
19. Hearing Conservation
20. Hoist/Lift/Elevator Safety
21. Integrated Pest Management
22. Laboratory Safety Standard/Chemical Hygiene Plan
23. Lead
24. Control of Hazardous Energy Sources (Lockout/Tagout)
25. Machine Guarding
26. Safety Committee
27. Personal Protection Equipment (PPE)
28. Playground Safety
29. Radon
30. Respiratory Protection
31. Underground and Above Ground Storage Tanks
32. Welding/Cutting/Brazing
33. Fall Protection
34. National Emission Standards for Hazardous Air Pollutants for School Generators Established by the United States E.P.A.
35. Other areas determined to be appropriate by the health and safety advisory committee.

If a risk is not present in the school district, the preparation of a plan or procedure for that risk will not be necessary.

B. The administration shall establish procedures to ensure, to the extent practicable, that all employees are properly trained and instructed in job procedures, crisis response duties, and emergency response actions where exposure or possible exposure to hazards and potential hazards may occur.

C. The administration shall conduct or arrange safety inspections and drills. Any identified hazards, unsafe conditions, or unsafe practices will be documented and corrective action will be taken to the extent practicable to control that hazard, unsafe condition, or unsafe practice.
   
D. Communication from employees regarding hazards, unsafe or potentially unsafe working conditions, and unsafe or potentially unsafe practices is encouraged in either written or oral form. No employee will be retaliated against for reporting hazards or unsafe or potentially unsafe working conditions or practices.

E. The administration shall conduct periodic workplace inspections to identify potential hazards and safety concerns.

F. In the event of an accident, or a near miss, the school district shall promptly cause an accident investigation to be conducted in order to determine the cause of the incident and to take action to prevent a similar incident. All accidents must be reported to an immediate supervisor as soon as possible.
 
G. In the event of an unsafe or hazardous situation or incident, the school district shall promptly cause an investigation to be conducted in order to determine the cause of the incident and to take action to prevent a similar incident. All unsafe or hazardous situations or incidents must be reported to an immediate supervisor as soon as possible.
 
V. BUDGET

The Superintendent (or designee) shall be responsible to provide for periodic School Board review and approval of the various plan requirements of the health and safety program, including current plan requirements and related written plans and procedures and recommendations for additional plan requirements proposed to be adopted. The Superintendent, or such other school official as designated by the Superintendent, each year shall prepare preliminary revenue and expenditure budgets for the school district’s health and safety program. The preliminary budgets shall be accompanied by such written commentary as may be necessary for them to be clearly understood by the members of the School Board and the public. The School Board shall review the projected revenues and expenditures for this program and make such adjustments within the expenditure budget to carry out the current program and to implement new recommendations within the revenues projected and appropriated for this purpose. No funds may be expended for the health and safety program in any school year prior to the adoption of the budget document authorizing that expenditure for that year, or prior to the adoption of an amendment to that budget document by the School Board to authorize that expenditure for that year. The health and safety program shall be implemented, conducted, and administered within the fiscal restraints of the budget so adopted.

VI. ENFORCEMENT

Enforcement of this policy is necessary for the goals of the school district’s health and safety program to be achieved. Within applicable budget limitations, school district employees will be trained and receive periodic reviews of safety practices and procedures, focusing on areas that directly affect the employees’ job duties. Employees shall participate in practice drills. Willful violations of safe work practices may result in disciplinary action in accordance with applicable school district policies.


Legal References:
Minn. Stat. 123B.56 (Health, Safety, and Environmental Management)
Minn. Stat. 123B.57 (Health and Safety Projects)
Minn. Stat. 182.676 (Safety Committees)
Minn. Rules Part 5208.0010 (Accident and Injury Reduction Program; Applicability)
Minn. Rules Part 5208.0070 (Accident and Injury Reduction Program; Alternative Forms of Committee)
 
Cross References:
MSBA/MASA Model Policy 807 (Health and Safety Policy)
Moorhead School Board Policy 424: Employee Right to Know - Exposure to Hazardous Substances
Moorhead School Board Policy 806: School District Crisis Management
Moorhead School Board Policy 717: Establishment, Adoption and Modification of the School District's Financial Annual Operating Plan
Health and Safety Programs
Type: Administrative Procedure
Section: 800 BUILDINGS AND SITES
Code: 807-A
Adopted Date: 7/15/2013
Revised Date(s): 06/08/2015, 04/11/2016, 06/25/2018
Reviewed Date(s): 06/08/2015, 04/11/2016, 05/08/2017
Attachments:

Attached

Health and Safety Protection
Type: School Board Policy
Section: 400 EMPLOYEES/PERSONNEL
Code: 446
Adopted Date: 7/17/1995
Revised Date(s): 04/09/2007, 05/09/2011, 04/13/2015, 05/18/2021
Reviewed Date(s): 02/14/2000, 01/27/2003, 04/09/2007, 05/09/2011, 04/13/2015, 04/09/2018, 04/20/2021
Attachments:

I. PURPOSE

The purpose of this policy is to provide school district employees a place of employment that maintains safe and healthy working conditions at all times.
 
II. GENERAL STATEMENT

Moorhead Area Public Schools is committed to providing a safe and healthy work environment for all its employees. Regard for safety of the general public, students, employees, and subcontractors' employees is of the utmost concern of the district.

Providing a safe place to work, a work environment conducive to safe work practices, and safety policies are primary concerns for the administration (Administrative Procedure 425.1: Sanitary Guidelines/Prevention of Communicable Disease). Employees at every level have a responsibility for maintaining safety and occupational health within the district, and are expected to cooperate fully with the district's health and safety policies.

The district will have an Emergency Operation Plan, which will be developed and updated annually under the leadership of the Director of Operations and Emergency Management.  The Emergency Operations Plan will be provided to all employees of the district and to all local law enforcement and emergency services providers.

 
Legal References:

Minn. Stat. 123B.56 (Health, Safety, and Environmental Management)
Minn. Stat. 123B.57 (Capital Expenditure; Health and Safety)
29 C.F.R. 1910 (Occupational Safety and Health Administration)

Health Examination
Type: Administrative Procedure
Section: 400 EMPLOYEES/PERSONNEL
Code: 406.2
Adopted Date: 5/22/1990
Revised Date(s): 01/14/2008, 05/13/2013, 04/11/2016, 12/12/2023
Reviewed Date(s): 05/22/1990, 09/25/1995, 06/12/2000, 02/09/2004, 01/14/2008, 05/13/2013, 04/11/2016, 12/10/2018, 01/20/2021, 02/17/2021, 12/12/2023
Attachments:

I. PURPOSE

The purpose of this procedure is to identify and reserve managerial right of the Moorhead School Board to require physical examinations of its employees to the extent required or allowed by law.

II. GENERAL STATEMENT

A. The Superintendent/designee may require an employee or job applicant to undergo a physical examination in order to obtain specific medical information at the expense of the district for any purposes required or authorized by law, including, but not necessarily limited to the following:

  1. Assessing the employee's continuing ability to perform the job;
  2. Assessing an applicant who has been offered employment conditioned upon the applicant meeting the physical and mental requirements of the job in accordance with Minn. Stat. 363A.20, Subd. 8;
  3. To limit receipt of benefits payable under the fringe benefit plan for disabilities to that period of time, which a licensed physical reasonably determines a person is unable work;
  4. For employee health insurance eligibility;
  5. As mandated or allowed by state, local or federal law;
  6. Assessing the need to reasonably accommodate an employee;
  7. Related and consistent with business necessity, not otherwise prohibited by law or inconsistent with the Americans with Disabilities Act or other applicable law;
B. If any health care records or medical information adversely affects any hiring, firing or promotional decision concerning an applicant or employee, the employer must notify the affected party of that information within ten (10) days of the final decision.
 
C. Any information, including reports or findings arising from a physical examination, collected or created pursuant to this policy, will be collected and maintained on separate forms, in separate medical files and treated as a confidential medical record, except that supervisors and managers may be informed regarding necessary restrictions on the work or duties of the employee and reasonable accommodations. First aid safety personnel may be informed, when appropriate, if the disability might require emergency treatment. Government officials investigating compliance with the Americans with Disabilities Act will be provided relevant information upon request. Information may be released for purposes mandated by local, state or federal law.
 
D. Any examination required or administered pursuant to this policy will comply with the requirements of all applicable laws. 
 
Legal References:
Minn. Stat. 122A.40 (Employment; Contracts; Termination)
Minn. Stat. 176.155 (Examinations)
Minn. Stats. 181.950-181.957 (Drug and Alcohol Testing in the Workplace)
Minn. Stat. 363A.20, Subd. 8 (Physical Exam)
Minn. Stat. 13.3805 (Public Health Data) 
Minn. Stat. 176.155 (Workers' Compensation Act)
29 U.S.C. 2601 et seq. (Family and Medical Leave Act of 1993)
42 U.S.C. 12101 et seq. (Americans With Disabilities Act)
 
Cross Reference:
Moorhead School Board Policy 414: Employee Public and Private Personnel Data
 
Healthy Celebrations
Type: Administrative Procedure
Section: 500 STUDENTS
Code: 533.5
Adopted Date: 5/31/2011
Revised Date(s):
Reviewed Date(s): 04/13/2015, 04/10/2017, 02/12/2018, 12/10/2018
Attachments:

Administrative procedure 533.5 is attached.

Healthy Fundraising
Type: Administrative Procedure
Section: 500 STUDENTS
Code: 533.3
Adopted Date: 5/31/2011
Revised Date(s):
Reviewed Date(s): 04/13/2015, 04/10/2017, 02/12/2018, 12/10/2018
Attachments:

Administrative procedure 533.3 is attached.

Healthy Snacks
Type: Administrative Procedure
Section: 500 STUDENTS
Code: 533.4
Adopted Date: 5/31/2011
Revised Date(s):
Reviewed Date(s): 04/13/2015, 04/10/2017, 02/12/2018, 12/10/2018
Attachments:

Administrative procedure 533.4 is attached.

High School Academic, Activity and Varsity Athletic Lettering Procedure
Type: Administrative Procedure
Section: 500 STUDENTS
Code: 545.1
Adopted Date: 3/24/1987
Revised Date(s): 01/13/2000, 06/09/2014
Reviewed Date(s): 05/25/1995, 02/07/1997, 05/08/1997, 01/13/2000, 06/09/2014, 06/12/2017
Attachments:
High School Academics

Grade Point Average (GPA): A cumulative grade point average for all subjects calculated each semester.

A. The qualifications for each grade are as follows:

Grade 10 - 3.7 cumulative GPA through first semester of grade 10

Grade 11 - 3.6 cumulative GPA through first semester of grade 11

Grade 12 - 3.5 cumulative GPA through first semester of grade 12

or

B. A 3.8 GPA must be achieved for the two semesters preceding the award determination date at any grade level.

Varsity Athletics

1. Coaches will develop written athletic lettering requirements prior to the season. A copy of each sport's current athletic lettering requirements will be forwarded to the Athletic Office where it will be reviewed and kept on file.

2. Lettering requirements will be shared with each team. Team members or parents/guardians, upon request, may receive written lettering requirements from the Activities Office.

3. The awarding of a letter to a student may be jeopardized by a violation of district, school and/or Minnesota State High School League rules.

4. Middle school students may be awarded a letter if they participate on the varsity level and meet lettering criteria.

5. Senior members who have actively participated with the same varsity team for three (3) consecutive years will receive a letter, subject to item 3 above.

High School Activity Letter

1. Activity leaders and advisors will develop written activity lettering requirements prior to the beginning of the activity and/or season. A current copy of each activity's lettering requirements will be forwarded to the Activities/Athletic Office where it will be reviewed and kept on file.

2. Lettering requirements will be shared with each activity and/or team. Participants or parents/guardians, upon request, may receive written lettering requirements from the Activities Office.

3. The awarding of a letter to a student may be jeopardized by a violation of district, school and/or Minnesota State High School League rules.

4. Students may be awarded a letter if they participate on the varsity level and meet lettering criteria.

5. Senior members who have actively participated with the same activity for three (3) consecutive years will receive a letter, subject to item 3 above.
High School Academic, Activity and Varsity Athletic Letters
Type: School Board Policy
Section: 500 STUDENTS
Code: 545
Adopted Date: 3/24/1987
Revised Date(s): 02/09/2009, 06/09/2014, 06/12/2017, 09/19/2019, 10/15/2019
Reviewed Date(s): 05/08/1995, 03/27/2000, 02/28/2005, 02/09/2009, 06/09/2014, 06/12/2017, 06/20/2022, 07/22/2022
Attachments:

L.  PURPOSE

The purpose of this policy is to set criteria for awarding academic, athletic, or activity letters to recognize student motivation, incentive to achieve, ability, accomplishments, and/or contribution to a team effort.

II.  GENERAL STATEMENT

Letters are awarded to students in recognition of their efforts in meeting the Moorhead Area Public Schools' mission statement: "To develop the maximum potential of every learner to thrive in a changing world." Guidelines for receiving a letter in academics, athletics and/or activities are listed in Administrative Procedure 545.1 and developed to ensure fairness and equity. Administrative and building policies shall ensure that written requirements are developed, available, and properly communicated to students and parents/guardians.

The guidelines for receiving a letter in athletics and/or activities will be listed by each head coach/activity advisor, kept in the activities office, and distributed at the first meeting of the activity or parent’s/guardian's meeting.
Home Schooled Students
Type: School Board Policy
Section: 600 EDUCATION PROGRAMS
Code: 611
Adopted Date: 2/11/2002
Revised Date(s): 04/10/2006, 04/26/2010, 12/09/2013, 05/08/2017, 07/15/2020, 01/16/2023, 02/14/2023
Reviewed Date(s): 04/10/2006, 04/26/2010, 12/09/2013, 05/08/2017, 06/10/2020, 06/15/2020, 06/16/2020, 02/14/2023
Attachments:

I. PURPOSE

The purpose of this policy is to recognize and provide guidelines in accordance with state law for parents/guardians who wish to have their children receive education in a home school that is an alternative to an accredited public or private school.

II. GENERAL STATEMENT

The Minnesota Compulsory Attendance Law (Minnesota Statutes section 120A.22) provides that the parent or guardian of a child is primarily responsible for assuring that their child acquires knowledge and skills that are essential for effective citizenship. 

III. CONDITIONS FOR HOME SCHOOLING

The person in charge of a home school and the school district in which they reside must provide instruction and meet requirements specified in Minnesota Statutes section 120A.22.

IV. IMMUNIZATION

As required in statute, the parent/guardian of a home-schooled child shall submit statements on the child's immunizations as required by law to the Superintendent in the district in which the child resides by October 1st of the first year of homeschooling in Minnesota and the grade 7 year (Minnesota Statutes section 121A.15, Subdivision 1, 2, 3, 4, and 12 on the appropriate Minnesota Department of Education form).

V. TEXTBOOKS, INSTRUCTIONAL MATERIAL, STANDARD TESTS

Upon formal request as required by law, Moorhead Area Public Schools will provide textbooks, (including a teacher’s edition, guide, or other materials that accompany a textbook when the edition, guide, or materials are packaged physically or electronically with textbooks for student use), individualized instructional materials (including teacher materials that accompany pupil materials) and standardized tests and loan or provide them for use by a homeschooled child as provided under state law. The district is not required to expend any amount for this purpose that exceeds the amount it receives pursuant to state law for this purpose. If curriculum has both physical and electronic components, the school district will, at the request of the student or the student's parent or guardian, make the electronic component accessible to a resident student provided that the school district does not incur more than an incidental cost as a result of providing access electronically. 

VI. PUPIL SUPPORT SERVICES

Upon formal request as required by law, the school district will provide pupil support services in the form of health services and counseling and guidance services to a home-schooled child as provided by under state law. The school district is not required to expend an amount for any of these purposes that exceeds the amount it receives pursuant to state law.

VII. SHARED-TIME PROGRAMS

Enrolled in class offerings of a school district.

A.  A home-schooled child who is a resident of the school district may enroll in classes in the district as a shared-time student on the same basis as other nonpublic school students. The provision of this policy shall not be determinative of whether the school district allows the enrollment of any pupils on a shared-time basis. 

B.  The school district may limit enrollment of shared-time students in such classes based on capacity of a program, class, grade level, or school building. The Moorhead School Board and administration retain sole discretion and control over scheduling of all classes and assignment of shared-time students in classes.

VIII.  EXTRACURRICULAR ACTIVITIES

Resident students who receive instruction in a home school (where five or fewer students receive instruction) may fully participate in extracurricular activities of the school district on the same basis as other public school students. Homeschooled students are expected to meet Moorhead and Minnesota High School League Eligibility Rules and Moorhead's Student Code of Ethics and are required to pay activity fees at the same level as students enrolled in Moorhead Area Public Schools.

IX.  OPTIONAL COOPERATIVE ARRANGEMENTS

A.  Activities

1.  Minnesota State High School League sponsored activities, where six or more students receive instruction in the home school or the home school students, are not residents of the school district.

A home school, which is a member of the Minnesota State High School League, may request that the school district enter into a cooperative sponsorship arrangement as provided in Minnesota State High School League bylaws. The approval of such an arrangement shall be at the discretion of the School Board. 

a.  The home school must become a member of the Minnesota State High School League in accordance with the rules of the Minnesota State High School League.

b.  The home school is solely responsible for any costs or fees associated with its application for and/or subsequent membership in the Minnesota State High School League.

c.  The home school is responsible for any and all costs associated with its participation in a cooperative sponsorship arrangement as well as any school district activity fees associated with the Minnesota State High School League activity.

2.  Non-Minnesota State High School League activities where six or more students receive instruction in the home school.

A home-schooled child may participate in non-Minnesota State High School League activities offered by the school district upon application and approval from the School Board to participate in the activity and the payment of any activity fees associated with the activity. Home school students may not be charged higher activity fees than other public school students. Approval shall be granted at the discretion of the School Board.
 
B. Transportation Services
 
1. The school district may provide nonpublic, nonregular transportation services to a home-schooled child.
 
2. The School Board of Moorhead Area Public Schools retains sole discretion and control and management of scheduling routes, establishment of the location of bus stops, manner and method of transportation, control and discipline of school children, and any other matter relating to the provision of transportation services.
 
 
Legal References: 
Minn. Stat. 120A.22 (Compulsory Instruction)
Minn. Stat. 120A.24 (Reporting)
Minn. Stat. 120A.26 (Enforcement and Prosecution)
Minn. Stat. 121A.15 (Health Standards; Immunizations; School Children)
Minn. Stat. 123B.36 (School Boards May Require Fees)
Minn. Stat. 123B.41 (Definitions)
Minn. Stat. 123B.42 (Textbooks, Individual Instruction Material, Standard Tests)
Minn. Stat. 123B.44 (Provision of Pupil Support Services)
Minn. Stat. 123B.49 (Cocurricular and Extracurricular Activities)
Minn. Stat. 123B.86 (Equal Treatment - Transportation)
Minn. Stat. 123B.92 (Transportation Aid Entitlement)
Minn. Stat. 124D.03 (Enrollment Options Program)
Minn. Rules Ch. 3540 (Textbooks, Individualized Instruction Materials, Standardized Tests)
 
Cross References: 
Moorhead School Board Policy 511: Enrollment of Nonresident Students 
Moorhead School Board Policy 530: Student Immunization Requirements
Moorhead School Board Policy 540: Student Activities 
Moorhead School Board Policy 541: Student Activity Eligibility 
Moorhead School Board Policy 640: Moorhead Area Public Schools Graduation Policy
MSBA/MASA Model Policy 611: Home Schooling
 
Inclusive Educational Program
Type: School Board Policy
Section: 600 EDUCATION PROGRAMS
Code: 625
Adopted Date: 9/10/2007
Revised Date(s): 06/11/2012, 02/08/2016, 07/15/2020, 06/14/2023
Reviewed Date(s): 06/11/2012, 02/08/2016, 06/10/2020, 06/16/2020, 07/06/2020, 06/14/2023
Attachments:

I. PURPOSE

The purpose of the policy is to establish and maintain an inclusive educational program as defined in Minnesota Statutes section 3500.0550.

II. GENERAL STATEMENT

It is the intent of the Moorhead School Board to establish and maintain an educational program for students and staff which is inclusive of the diversity of the United States and which reflects the historical and contemporary contribution of persons, including but not limited to persons of American Indian/Alaskan Natives, Asian/Pacific Americans, Black Americans, Latinic Americans, and Americans of European ancestry; and persons with disabilities.

III. EDUCATION PLAN

A. The Inclusive Education Plan will provide a framework and process for the integration of multicultural, gender-fair concepts throughout the educational program. A program which is multicultural and gender-fair will:

1. Foster understanding and appreciation of cultural diversity that will reflect the wide range of contributions and roles open to Americans, irrespective of race/ethnicity and cultural/linguistic background.

2. Emphasize the historical and contemporary contributions to society of people of all genders and gender identities. 

3. Emphasize the historical and contemporary contributions to society of persons with disabilities and reflect the wide range of roles open to individuals with disabilities.

B. The Inclusive Education Plan will:

1. Provide an educational system sensitive to the "whole learner." Therefore, all aspects of the student's social, emotional, physiological, cultural, and religious needs must be considered in order to provide quality education.

2. Provide for staff development programming to assist staff in understanding and providing strategies to meet the needs of all students.

3. Provide for curriculum development/review and instructional strategies crucial to the delivery and implementation of this plan.

4. Enhance, rather than replace, the traditional subject matter disciplines.

5. Be accommodated within the present structures of the Moorhead Area Public Schools.

6. Be a continuum that begins at early childhood and extends into adult life.

7. Promote wholesome attitudes toward all people. 

8. Include motivation and rationale for Moorhead Area Public Schools staff to model behavior and attitudes leading toward competence regarding multicultural, religious, gender-fair, and dis/ability-conscious issues.

C. The Instruction and Curriculum Advisory Committee shall review the plan annually and recommend to the Superintendent a process for its implementation and a monitoring system.  The committees will be made up of staff, community members. They will include substantive involvement by people of all genders and gender identities, persons of color, and persons with disabilities.

Legal References:
Minn. Stat. 3500.0550 (Inclusive Educational Program)

Cross References:
Moorhead School Board Policy 102:  State and Federal Law Prohibiting Discrimination
Moorhead School Board Policy 103:  Philosophy of Education of Moorhead Area Public Schools
Moorhead School Board Policy 402:  Grievance Procedures for Equal Opportunity
Moorhead School Board Policy 446:  Staff Development
Moorhead School Board Policy 502:  Student Disability Nondiscrimination
Moorhead School Board Policy 490:  Prohibition of Harassment and Violence
Moorhead School Board Policy 601:  Instructional Goals of Moorhead Area Public Schools
Moorhead School Board Policy 604:  Extended School Year for Students with Individualized Education Programs
Moorhead School Board Policy 620:  Selection of Textbooks and Instructional Materials
Moorhead School Board Policy 613:  Moorhead Area Public Schools Graduation Policy
Moorhead School Board Policy 908:  Family Involvement

Instrument Rental Agreement Form
Type: Administrative Procedure
Section: 700 NON-INSTRUCTIONAL OPERATIONS AND BUSINESS SERVICES
Code: 718.1
Adopted Date: 5/23/2006
Revised Date(s): 08/31/2010, 05/08/2017
Reviewed Date(s): 08/31/2010, 05/08/2017
Attachments:
 
Adm Procedure

 

Integrating Physical Activity throughout the School Day
Type: Administrative Procedure
Section: 500 STUDENTS
Code: 533.8
Adopted Date: 5/31/2011
Revised Date(s):
Reviewed Date(s): 04/13/2015, 04/10/2017, 02/12/2018, 12/10/2018
Attachments:

Administrative procedure 533.8 is attached.

Licensed Personnel Performance Evaluation
Type: School Board Policy
Section: 400 EMPLOYEES/PERSONNEL
Code: 473
Adopted Date: 10/9/2000
Revised Date(s): 04/09/2012, 04/13/2015
Reviewed Date(s): 02/28/2005, 04/09/2012, 04/13/2015, 04/09/2018, 04/20/2021, 04/11/2023
Attachments:

I. PURPOSE

The purpose of this policy is to identify a personnel evaluation plan to assess the performance of professional personnel employed by the school district per Minnesota statute.

II. GENERAL STATEMENT

The School Board regards a personnel evaluation plan as a critical and essential part of professional growth. The primary purpose of professional evaluation is to improve the instructional programs for all students by assisting teachers and other licensed personnel to improve employee performance. To be most effective, the evaluation plan should be:

1. Viewed as a positive process designed to indicate the present effectiveness of the employee and to provide a performance improvement plan if needed.

2. Designed to facilitate open dialogue between the evaluator and the person evaluated and directed toward improving employee performance and promoting career development.

It shall be the responsibility of the teacher evaluation committee to establish specific procedures which comply and are consistent with Minnesota laws and State Board of Teaching regulations regarding performance appraisal. This committee consists of representatives of administration, School Board and teachers, who work together to achieve joint agreement on the growth and evaluation process.
 


Legal Reference:

Minn. Stat. 122A.40, Subd. 5 (Probationary Period)
Minn. Stat. 122A.40, Subd. 8 (Employment; Contracts; Termination) 


Cross Reference:
Moorhead School Board Policy 470: School District Evaluation of Personnel

Major Magnitude Field Trip Request Form
Type: Administrative Procedure
Section: 600 EDUCATION PROGRAMS
Code: 610.2
Adopted Date: 1/8/2001
Revised Date(s): 06/08/2015
Reviewed Date(s): 06/08/2015, 06/12/2017
Attachments:

Adm. Proc.

Maltreatment of Vulnerable Adults
Type: School Board Policy
Section: 400 EMPLOYEES/PERSONNEL
Code: 415
Adopted Date: 8/26/2002
Revised Date(s): 12/08/2008, 06/14/2010, 05/09/2011, 05/14/2012, 05/13/2013, 01/27/2014, 06/08/2015, 12/12/2016, 02/17/2021, 02/16/2022, 08/03/2022, 08/04/2022, 09/13/2022, 06/14/2023
Reviewed Date(s): 04/12/2004, 05/09/2005, 12/12/2005, 04/09/2007, 05/12/2008, 12/08/2008, 06/14/2010, 05/09/2011, 05/14/2012, 05/13/2013, 01/27/2014, 06/08/2015, 12/14/2015, 12/12/2016, 02/12/2018, 02/11/2019, 03/19/2020, 01/20/2021, 02/17/2021, 01/17/2022, 01/18/2022, 09/13/2022, 06/14/2023
Attachments:

I. PURPOSE

The purpose of this policy is to communicate the statutory requirements of school personnel to report suspected maltreatment of vulnerable adults.

II. GENERAL STATEMENT

A. The policy of the Moorhead Area Public Schools is to fully comply with Minnesota Statutes section 626.557 requiring school personnel to report suspected maltreatment of vulnerable adults.

B. A violation of this policy occurs when any school personnel fails to report suspected maltreatment of vulnerable adults when the school personnel has reason to believe that a vulnerable adult is being or has been maltreated, or has knowledge that a vulnerable adult has sustained a physical injury which is not reasonably explained.

III. DEFINITIONS

A.   “Abuse” means:

 

1. An act against a vulnerable adult that constitutes a violation of, an attempt to violate, or aiding and abetting a violation of: (1) assault in the first through fifth degrees as defined in Minnesota Statutes sections 609.221 to 609.224; (2) the use of drugs to injure or facilitate crime as defined in Minnesota Statutes section 609.235; (3) the solicitation, inducement, and promotion of prostitution as defined in Minnesota Statutes section 609.322; and (4) criminal sexual conduct in the first through fifth degrees as defined in Minnesota Statutes sections 609.342 to 609.3451.  A violation includes any action that meets the elements of the crime, regardless of whether there is a criminal proceeding or conviction.

 

2. Conduct which is not an accident or therapeutic conduct as defined in  Minnesota Statutes section 626.5572 which produces or could reasonably be expected to produce physical pain or injury or emotional distress including, but not limited to, the following: (1) hitting, slapping, kicking, pinching, biting, or corporal punishment of a vulnerable adult; (2) use of repeated or malicious oral, written, or gestured language toward a vulnerable adult or the treatment of a vulnerable adult which would be considered by a reasonable person to be disparaging, derogatory, humiliating, harassing, or threatening; (3) use of any aversive or deprivation procedure, unreasonable confinement, or involuntary seclusion, including the forced separation of the vulnerable adult from other persons against the will of the vulnerable adult or the legal representative of the vulnerable adult; and (4) use of any aversive or deprivation procedures for persons with developmental disabilities or related conditions not authorized under Minnesota Statutes section 245.825.

 

3. Any sexual contact or penetration as defined in Minnesota Statutes section 609.341between a facility staff person or a person providing services in the facility and a resident, patient, or client of that facility.

 

4. The act of forcing, compelling, coercing, or enticing a vulnerable adult against the vulnerable adult’s will to perform services for the advantage of another. 

Abuse does not include actions specifically excluded by Minnesota Statutes section 626.5572, Subdivision 2.

 

B. “Caregiver” means an individual or facility who has responsibility for the care of a vulnerable adult as a result of a family relationship, or who has assumed responsibility for all or a portion of the care of a vulnerable adult voluntarily, by contract, or by agreement.

 

C. “Common entry point” means the entity responsible for receiving reports of alleged or suspected maltreatment of a vulnerable adult and designated by the Commissioner of the Minnesota Department of Human Services as the MN Adult Abuse Reporting Center (MAARC).

 

D. “Financial Exploitation” means a breach of a fiduciary duty by an actor’s unauthorized expenditure of funds entrusted to the actor for the benefit of the vulnerable adult or by an actor’s failure to provide food, clothing, shelter, health care, therapeutic conduct or supervision, the failure of which results or is likely to result in detriment to the vulnerable adult.  Financial exploitation also includes:  the willful use, withholding or disposal of funds or property of a vulnerable adult; the obtaining of services for wrongful profit or advantage which results in detriment to the vulnerable adult; the acquisition of a vulnerable adult’s funds or property through undue influence, harassment, duress, deception or fraud; and the use of force, coercion, or enticement to cause a vulnerable adult to perform services against the vulnerable adult’s will for the profit or advantage of another.

 

E. “Immediately” means as soon as possible, but no longer than 24 hours from the time initial knowledge that the incident occurred has been received.

 

F. "Mandated reporters" means a professional's delegate while engaged in education.

G. "Maltreatment" means the neglect, abuse, or financial exploitation of a vulnerable adult.

H. "Neglect" means the failure or omission by a caregiver to supply a vulnerable adult with care or services, including but not limited to, food, clothing, shelter, health care, or supervision which is: (1) reasonable and necessary to obtain or maintain the vulnerable adult's physical or mental health or safety, considering the physical and mental capacity or dysfunction of the vulnerable adult; and (2) which is not the result of an accident or therapeutic conduct.

 

I. Neglect also means the absence or likelihood absence of care or services, including but not limited to, food, clothing, shelter, health care, or supervision necessary to maintain the physical and mental health of the vulnerable adult, which a reasonable person would deem essential to obtain or maintain the vulnerable adult's health, safety, or comfort considering the physical or mental capacity or dysfunction of the vulnerable adult. Neglect does not include actions specifically excluded by Minnesota. Statutes section. 626.5572, Subdivision 17.

 

J. "School Personnel" means professional employees or their delegates of the school district engaged in providing health, educational, social, psychological, law enforcement or other caregiving services to vulnerable adults.

 

K. "Vulnerable Adult" means any person 18 years of age or older who: (1) is a resident or inpatient of a facility; (2) receives services required to be licensed under Minnesota. Statutes section. Chapter. 245A, except as excluded under Minnesota. Statutes section. 626.5572, Subd. 21(a)(2); (3) receives services from a licensed home care provider or person or organization that offers, provides, or arranges for personal care services under the medical assistance program; or (4) regardless of residence or whether any type of service is received, possesses a physical or mental infirmity or other physical or mental, or emotional dysfunction that impairs the individual's ability to provide adequately for the individual's own care without assistance or supervision and, because of the dysfunction or infirmity and need for care or services, has an impaired ability to protect the individual's self from maltreatment.

IV. REPORTING PROCEDURES

A. A mandated reporter, as defined herein, shall immediately report the suspected maltreatment to Clay County Social Services.

B. Whenever a mandated reporter, as defined herein, knows or has reason to believe that an individual made an error in the provision of therapeutic conduct to a vulnerable adult which results in injury or harm, which reasonably requires the care of a physician, such information shall be reported immediately to the designated county agency. The mandated reporter also may report a belief that the error did not constitute neglect and why the error does not constitute neglect.

C. The report shall, to the extent possible, identify the vulnerable adult, the caregiver, the nature and extent of the suspected maltreatment, any evidence of previous maltreatment, the name and address of the reporter, the time, date, and location of the incident and any other information that the reporter believes might be helpful in investigating the suspected abuse or neglect. A mandated reporter may disclose not public data as defined under Minnesota Statutes section 13.02 to the extent necessary to comply with the above reporting requirements.

D. A person mandated to report suspected maltreatment of a vulnerable adult who negligently or intentionally fails to report is liable for damages caused by the failure. A negligent or intentional failure to report may result in discipline. A mandatory reporter who intentionally fails to make a report, who knowingly provides false or misleading information in reporting, or who intentionally fails to provide all the material circumstances surrounding the reported incident may be guilty of a misdemeanor.

E. Retaliation against a person who makes a good faith report under Minnesota law and this policy, or against a vulnerable adult who is named in a report is prohibited.

F. Any person who intentionally makes a false report under the provisions of applicable Minnesota law or this policy shall be liable in a civil suit for any actual damages suffered by the person or persons so reported and for any punitive damages set by the court or jury. The intentional making of a false report may result in discipline.

V. INVESTIGATION

The responsibility for investigating reports of suspected maltreatment of a vulnerable adult rests with the entity designated by the county for receiving reports.

VI. DISSEMINATION OF POLICY AND TRAINING

A. The policy should appear in the school district employee handbook located on the district's website (www.moorheadschools.org).

B. The policy is accessible on the district's website (www.moorheadschools.org).
 
C. The school district will develop a method of discussing this policy with employees as appropriate.
 
D. This policy should be reviewed at least annually for compliance with state law.
 
 
Legal References:
Minn. Stat. 13.02 (Government Data Practices; Definitions)
Minn. Stat. Ch. 245A (Human Services Licensing)
Minn. Stat. 245.825 (Aversive and Deprivation Procedures; Licensed Facilities and Services)
Minn. Stat. 609.221-609.224 (Assault)
Minn. Stat. 609.2324 (Crimes Against Vulnerable Adults Definition)
Minn. Stat. 609.235 (Use of Drugs to Injure or Facilitate Crime)
Minn. Stat. 609.322 (Solicitation, Inducement, and Promotion of Prostitution; Sex Trafficking)
Minn. Stat. 609.341 (Definitions)
Minn. Stat. 609.342-609.3451 (Criminal Sexual Conduct)
Minn. Stat. 626.557 (Reporting of Maltreatment of Vulnerable Adults)
Minn. Stat. 626.5572 (Definitions)
In re Kleven, 736 N.W.2d 707 (Minn. App. 2007)
 
Cross References:

MSBA/MASA Model Policy 103 (Complaints – Students, Employees, Parents, Other Persons)

MSBA/MASA Model Policy 211 (Criminal or Civil Action Against School District, School Board Member, Employee, or Student)

MSBA/MASA Model Policy 403 (Discipline, Suspension, and Dismissal of School District Employees)

MSBA/MASA Model Policy 406 (Public and Private Personnel Data)

MSBA/MASA Model Policy 415  (Mandated Reporting of Maltreatment of Vulnerable Adults)

MSBA/MASA Model Policy 515  (Protection and Privacy of Pupil Records)

Moorhead School Board Policy 402: Grievance Procedures for Equal Opportunity
Moorhead School Board Policy 406: Employee Public and Private Personnel Data
Moorhead School Board Policy 414: Mandated Reporting of Child Neglect or Physical or Sexual Abuse
Moorhead School Board Policy 603: Special Education Policies and Procedures
Moorhead School Board Policy 502: Student Disability Nondiscrimination
Mandated Reporting of Child Neglect or Physical or Sexual Abuse
Type: School Board Policy
Section: 400 EMPLOYEES/PERSONNEL
Code: 414
Adopted Date: 5/27/1986
Revised Date(s): 12/08/2008, 06/14/2010, 05/09/2011, 05/14/2012, 05/13/2013, 01/27/2014, 06/08/2015, 06/13/2016, 02/12/2018, 03/18/2020, 03/19/2020, 02/17/2021, 02/16/2022, 06/14/2023
Reviewed Date(s): 12/01/1990, 02/11/1992, 04/13/1998, 06/10/2002, 04/12/2004, 06/13/2005, 06/12/2006, 04/09/2007, 02/11/2008, 12/08/2008, 06/14/2010, 05/09/2011, 05/14/2012, 05/13/2013, 01/27/2014, 06/08/2015, 12/14/2015, 06/13/2016, 12/12/2016, 02/12/2018, 02/11/2019, 01/08/2020, 01/20/2021, 02/17/2021, 01/17/2022, 01/18/2022, 06/14/2023
Attachments:

I. PURPOSE

The purpose of this policy is to communicate the statutory requirements of school personnel to report suspected child neglect or physical or sexual abuse.

II. GENERAL STATEMENT

A. It is the policy of the Moorhead Area Public Schools to comply fully with Minnesota Statutes Chapter 260E requiring school personnel to report suspected child neglect or physical or sexual abuse.

B. It is the policy of the Moorhead Area Public Schools to protect children whose health or welfare may be jeopardized through physical abuse, neglect or sexual abuse; and, to make the school community safe for children by promoting responsible child care in all settings.

C. A violation occurs when any school personnel fails to report immediately instances of child neglect, or physical or sexual abuse when the school personnel knows or has reason to believe a child is being neglected or physically or sexually abused or has been neglected or physically or sexually abused within the preceding three years.

III. DEFINITIONS

A. "Accidental" means a sudden, not reasonably foreseeable, and unexpected occurrence or event which:

1.  is not likely to occur and could not have been prevented by exercise of due care; and

2.  if occurring while a child is receiving services from a facility, happens when the facility and the employee or person providing services in the facility are in compliance with the laws and rules relevant to the occurrence of the event.

B.  "Child" means one under age 18 and, for purposes of Minnesota Statutes chapter 260C (Juvenile Safety and Placement), and Minnesota Statutes chapter 260D (Child in Voluntary Foster Care for Treatment), includes an individual under age 21 who is in foster care pursuant to Minnesota Statutes chapter 260C.451 (Foster Care Benefits Past Age 18).

C. "Immediately" means as soon as possible but in no event longer than 24 hours.

D. "Mandated reporter" means any school personnel who knows or has reason to believe a child is being neglected or physically or sexually abused, or has been neglected or physically or sexually abused within the preceding three years.

E. "Mental Injury" means an injury to the psychological capacity or emotional stability of a child as evidenced by an observable or substantial impairment in the child's ability to function within a normal range of performance and behavior with due regard to the child's culture.

F. "Neglect" means:

1. failure by a person responsible for a child's care to supply a child with necessary food, clothing, shelter, health care, medical care, or other care required for the child's physical or mental health when reasonably able to do so including a growth delay, which may be referred to as a failure to thrive, that has been diagnosed by a physician and is due to parental neglect;

2. a parent knowingly and willingly permits access to alcohol or controlled substance which will result in harm to a child, including sickness or internal injury.

3. failure to protect a child from conditions or actions that seriously endanger the child's physical or mental health when reasonably able to do so;

4. failure to provide for necessary supervision or child care arrangements appropriate for a child after considering other factors such as the child's age, mental ability, physical condition, length of absence, environment, when the child is unable to care for the child's own basic needs or safety or the basic needs or safety of another child in his or her care;

5. failure to ensure that a child is educated in accordance with state law which does not include a parent's/guardian's refusal to provide his or her child with sympathomimetic medications;

6. prenatal exposure to a controlled substance as defined by state law used by the mother for a nonmedical purpose, as evidenced by withdrawal symptoms in the child at birth, results of a toxicology test performed on the mother at delivery or the child's birth, or medical effects or developmental delays during the child's first year of life that medically indicate prenatal exposure to a controlled substance or the presence of a fetal alcohol spectrum disorder;
 
7. medical neglect as defined by Minnesota Statutes section 260C.007, Subdivision 6, Clause (5)
8. chronic and severe use of alcohol or a controlled substance by a parent/guardian or person responsible for the care of the child that adversely affects the child's basic needs and safety;

9. emotional harm from a pattern of behavior that contributes to impaired emotional functioning of the child, which may be demonstrated by a substantial and observable effect in the child's behavior, emotional response, or cognition that is not within the normal range for the child's age and stage of development, with due regard to the child's culture.

Neglect does not occur solely because the child's parent, guardian, or other person responsible for the child's care in good faith selects and depends upon include spiritual means or prayer for treatment or care of disease or remedial care of the child in lieu of medical care. 
 
G. "Nonmaltreatment mistake" occurs when: (1) at the time of the incident, the individual was performing duties identified in the center's child care program plan required under Minn. Rules Part 9503.0045; (2) the individual has not been determined responsible for a similar incident that resulted in a finding of maltreatment for at least seven years; (3) the individual has not been determined to have committed a similar nonmaltreatment mistake under this paragraph for at least four years; (4) any injury to a child resulting from the incident, if treated, is treated only with remedies that are available over the counter, whether ordered by a medical professional or not; and (5) except for the period when the incident occurred, the facility and the individual providing services were both in compliance with all licensing requirements relevant to the incident. This definition only applies to child care centers licensed under Minnesota Rules chapter 9503.
 
H. "Person responsible for the child's care means (1) an individual functioning within the family unit and having responsibility for the care of the child such as a parent, guardian, or other person having similar care responsibilities, or (2) an individual functioning outside the family unit having responsibilities for the care of the child such as a teacher, school administrator, other school employee or agent, or other lawful custodian of a child having either full-time or short-term care responsibilities including, but not limited to, daycare, babysitting whether paid or unpaid, counseling, teaching, and coaching.
 
I. "Physical abuse" means any physical injury, mental injury (under subdivision 13), or threatened injury (under subdivision 23), inflicted by a person responsible for the child's care on a child other than by accidental means; or any physical or mental injury that cannot reasonably be explained by the child's history of injuries or any aversive or deprivation procedures, or regulated interventions, that have not been authorized by Minnesota Statutes section 125A.0942 or 245.825.

Abuse does not include reasonable and moderate physical discipline of a child administered by a parent/guardian that does not result in an injury. Abuse does not include the use of reasonable force by a teacher, building administrator, or school employee as allowed by Minnesota Statutes 121A.582.

Actions that are not reasonable and moderate include, but are not limited to, any of the following: (1) throwing, kicking, burning, biting, or cutting a child; (2) striking a child with a closed fist; (3) shaking a child under age three; (4) striking or other actions which result in any nonaccidental injury to a child under 18 months of age; (5) unreasonable interference with a child's breathing; (6) threatening a child with a weapon, as defined in Minnesota Statutes section 609.02, Subdivision 6; (7) striking a child under age one on the face or head; (8) striking a child who is at least age one but under age four on the face or head, which results in an injury; (9) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled substances that were not prescribed for the child by a practitioner, in order to control or punish the child, or giving the child other substances that substantially affect the child's behavior, motor coordination, or judgment or that result in sickness or internal injury, or subject the child to medical procedures that would be unnecessary if the child were not exposed to the substances; (10) unreasonable physical confinement or restraint not permitted under Minnesota Statutes section 609.379 including, but not limited to, tying, caging, or chaining; or (11) in a school facility or school zone, an act by a person responsible for the child's care that is a violation under Minnesota Statutes section 121A.58.
 
J. "Report" means any communication received by the local welfare agency, police department, county sheriff, or agency responsible for child protection pursuant to this section that describes maltreatment of a child and contains sufficient content to identify the child and any person believed to be responsible for the maltreatment, if known.

K. "School personnel" means professional employee or professional's delegate of the school district who provides health, educational, social, psychological, law enforcement or child care services.

L. "Sexual abuse" means the subjection of a child by a person responsible for the child's care, by a person who has a significant relationship to the child (as defined in Minnesota Statutes section 609.341, Subdivision 15), or by a person in a current or recent position of authority (as defined in Minnesota Statutes section 609.341, Subdivision 10) to any act that constitutes a violation of Minnesota statutes prohibiting criminal sexual conduct. Such acts include sexual penetration, sexual contact, solicitation of children to engage in sexual conduct, and communication of sexually explicit materials to children. Sexual abuse also includes any act involving a minor which constitutes a violation of Minnesota statutes prohibiting prostitution, or use of a minor in a sexual performance. Sexual abuse includes all reports of known or suspected child sex trafficking involving a child who is identified as a victim of sex trafficking. Sexual abuse includes threatened sexual abuse which includes the status of a parent/guardian or household member who has committed a violation that requires registration under Minnesota Statutes section 243.166, Subdivision 1b(a) or (b).

M. "Threatened injury" means a statement, overt act, condition, or status that represents a substantial risk of physical or sexual abuse or mental injury. Threatened injury includes, but is not limited to exposing a child to a person responsible for the child's care who has subjected the child to, or failed to protect a child from, an overt act or condition that constitutes egregious harm,  (2) been found palpably unfit; (3) committed an act that resulted in an involuntary termination of parental rights; (4) or committed an act that resulted in the involuntary transfer of permanent legal and physical custody of a child to a relative. 

IV. REPORTING PROCEDURES

A. A mandated reporter, as defined herein, shall immediately report the information to the local welfare agency, the agency responsible for assessing or investigating the report, police department, county sheriff, tribal social services, or tribal police department. The reporter will include his or her name and address in the report.
 
B. An oral report shall be made immediately, by telephone or otherwise. The oral report shall be followed by a written report within 72 hours (exclusive of weekends and holidays) to the appropriate police department, the county sheriff, or local welfare agency or agency responsible for assessing or investigating the report.  Any report shall be of sufficient content to identify the child, any person believed to be responsible for the maltreatment of the child if the person is known, the nature and extent of the maltreatment, and the name and address of the reporter.
 
C. Regardless of whether a report is made, as soon as practicable after a school receives information regarding an incident that may constitute maltreatment of a child in a school facility, the school shall inform the parent, legal guardian, or custodian of the child that an incident has occurred that may constitute maltreatment of the child, when the incident occurred, and the nature of the conduct that may constitute maltreatment.
 
D. A mandated reporter who knows or has reason to know of the deprivation of custodial or parental rights or the kidnapping of a child shall report the information to the local police department or the county sheriff.
 
E. With the exception of a health care professional or a social service professional who is providing the woman with prenatal care or other health care services, a mandated reporter shall immediately report to the local welfare agency if the person knows or has reason to believe that a woman is pregnant and has used a controlled substance for a nonmedical purpose during the pregnancy, including but not limited to tetrahydrocannabinol, or has consumed alcoholic beverages during the pregnancy in any way that is habitual or excessive.
 
F. A person mandated by Minnesota law and this policy to report who fails to report may be subject to criminal penalties and/or discipline, up to and including termination of employment.

G. An employer of a mandated reporter shall not retaliate against the person for reporting in good faith maltreatment against a child with respect to whom a report is made because of the report.

H. Any person who knowingly or recklessly makes a false report under the provisions of applicable Minnesota law or this policy shall be liable in a civil suit for any actual damages suffered by the person or persons so reported and for any punitive damages set by the court or jury, plus costs and reasonable attorney fees.  Knowingly recklessly making a false report also may result in discipline.

I. The oral report shall be made to the Clay County Social Services or the proper city or county law enforcement agency or Minnesota Department of Education (MDE) at 651/582-8689.

Clay County Social Services
715 11th Street N., Suite 502
Moorhead, MN 56560 Phone: 299-5200
(Ask for a child protection intake worker)
Office hours 8:00-4:30, Monday-Friday

Moorhead Police Department, Juvenile Division
915 North 9th Avenue
Moorhead, MN 56560 Phone: 299-5111
24 hours a day, seven days a week

Clay County Sheriff's Department
915 9th Ave. No.
Moorhead, MN 56560 Phone: 299-5151
(for families living outside Moorhead city limits)

J. Forms for reporting child abuse or neglect (Administrative Procedure 414.1) are located in each building administrator's office. A copy of the written report will be given to building or district administration by the reporter. A copy of the report of child abuse or neglect must be kept in a confidential file and shall be destroyed by the school only when ordered by the agency conducting the investigation or by a court of competent jurisdiction. Copies of abuse reports are not to be kept in a student's cumulative file.

V. INVESTIGATION

A. The responsibility for assessing or investigating reports of suspected maltreatment rests with the appropriate county, state, or local agency or agencies.  The agency responsible for assessing or investigating reports of child maltreatment has the authority to interview the child, the person or persons responsible for the child's care, the alleged offender, and any other person with knowledge of the maltreatment for the purpose of gathering the facts, assessing safety and risk to the child, and formulating a plan.  The investigating agency may interview the child at school.  The interview may take place outside the presence of the alleged offender or parent, legal guardian, or school official.  The investigating agency, not the school, is responsible for either notifying or withholding notification of the interview to the parent(s)/guardian(s) or person responsible for the child's care.  School officials may not disclose to the parent(s)/guardian(s) or legal custodian the contents of the notification or any other related information regarding the interview until notified in writing by the local welfare or law enforcement agency that the investigation or assessment has been concluded.

B. When the investigating agency determines that an interview should take place on school property, written notification of intent to interview the child on school property will be received by school officials prior to the interview. The notification shall include the name of the child to be interviewed, the purpose of the interview, and a reference to the statutory authority to conduct an interview on school property.

C. Except, when the alleged offender is believed to be a school official or employee, the time and place, the manner of the interview on school premises, shall be within the discretion of school officials, but the local welfare or law enforcement agency shall have the exclusive authority to determine who may attend the interview. The conditions as to time, place, and manner of the interview set by the school officials shall be reasonable, and the interview shall be conducted not more than 24 hours after the receipt of the notification unless another time is considered necessary by agreement between the school officials and the local welfare or law enforcement agency. Every effort must be made to reduce the disruption of the educational program of the child, other students, or school employees when an interview is conducted on school premises.

D. Where the alleged offender is believed to be a school official or employee, the school district shall conduct its own investigation independent of the Minnesota Department of Education, and, if involved, the local welfare or law enforcement agency.

E. Upon request by the Minnesota Department of Education, the school district shall provide all requested data that is relevant to a report of maltreatment and are in possession of a school facility, pursuant to an assessment or investigation of a maltreatment report of a student in school. The school district shall provide the requested data in accordance with the requirements of the Minnesota Government Data Practices Act, Minnesota  Statutes chapter 13, and the Family Educational Rights and Privacy Act, 20 United States Code section 1232g.

VI. MAINTENANCE OF SCHOOL RECORDS CONCERNING ABUSE OR POTENTIAL ABUSE

A. When local welfare or law enforcement agency determines that a potentially abused or abused child should be interviewed on school property, written notification of the agency's intent to interview on school property must be received by school officials prior to the interview. The notification shall include the name of the child to be interviewed, the purpose of the interview, and a reference to the statutory authority to conduct the interview. The notification shall be private data. School officials may not disclose to the parent(s)/guardians(s) or legal custodian the contents of the notice or any other related information regarding the interview until notified in writing by the local welfare or law enforcement agency that the investigation has been concluded.

B. All records regarding a report of maltreatment, including any notification of intent to interview which was received by the school as described above in Paragraph A., shall be destroyed by the school only when ordered by the agency conducting the investigation or by a court of competent jurisdiction.

VII. PHYSICAL OR SEXUAL ABUSE AS SEXUAL HARASSMENT OR VIOLENCE

Under certain circumstances, alleged physical or sexual abuse may also be sexual harassment or violence under Minnesota law. If so, the dates relating to the reporting and investigation of such harassment or violence may be applicable.

VIII. DISSEMINATION OF POLICY AND TRAINING

A. Each building administrator or designee will review the policy and procedures with staff yearly. 

B. The policy will be distributed to school personnel in the following ways: 1) Policy provisions II. A., B., and C. will be published in the back-to-school newsletter each fall; and, 2) A copy of provisions II. A., B. and C. will be posted in each school building and included in each school handbook or in a newsletter and in the employee handbook. The policy is also accessible on the district's website (www.moorheadschools.org).

C. This policy shall be reviewed at least yearly by the Moorhead School Board for compliance with state law.

Legal References:
Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)
Minn. Stat. 121A.58 (Corporal Punishment)
Minn. Stat. 121A.582 (Student Discipline; Reasonable Force)
Minn. Stat. 125A.0942 (Standards for Restrictive Procedures) 
Minn. Stat. 245.825 (Use of Aversive and Deprivation Procedures)
Minn. Stat. 243.166, Subd. 1b(a)(b) (Registration of Predatory Offenders)
Minn. Stat. 260C.007, Subd. 4, Clause (5) (Child in Need of Protection)
Minn. Stat. 260C.451 (Foster Care Benefits Past Age 18)
Minn. Stat. 260D (Child in Voluntary Foster Care for Treatment)
Minn. Stat. 609.02, Subd. 6 (Definitions - Dangerous Weapon)
Minn. Stat. 609.341, Subd. 10 (Definitions - Position of Authority)
Minn. Stat. 609.341, Subd. 15 (Definitions - Significant Relationships)
Minn. Stat. 609.379 (Reasonable Force)
Minn. Stat. 626.556 et seq. (Reporting of Maltreatment of Minors)
Minn. Stat. 626.5561 (Reporting of Prenatal Exposure to Controlled Substances)
20 U.S.C. 1232g (Family Educational Rights and Privacy Act)
 
Cross References:
MSBA/MASA Model Policy 414 (Mandated Reporting of Child Neglect or Physical or Sexual Abuse)
Moorhead School Board Policy 504: Protection and Privacy of Student Records
Moorhead School Board Policy 417: Maltreatment of Vulnerable Adults
Moorhead School Board Policy 551: Student Discipline
Moorhead School Board Policy 552: Corporal Punishment
Moorhead School Board Policy 409: Prohibition of Harassment and Violence
MAPS ESSA/Academic Standards Curriculum Review Cycle
Type: Administrative Procedure
Section: 600 EDUCATION PROGRAMS
Code: 601.1
Adopted Date: 8/13/2007
Revised Date(s): 02/08/2016
Reviewed Date(s): 06/15/2010, 02/08/2016
Attachments:
Administrative Procedure

Master Agreements with Employee Groups
Type: School Board Policy
Section: 400 EMPLOYEES/PERSONNEL
Code: 480
Adopted Date: 12/13/1999
Revised Date(s): 01/14/2008, 04/09/2012, 04/11/2016, 02/16/2022
Reviewed Date(s): 02/09/2004, 01/14/2008, 04/09/2012, 04/11/2016, 12/10/2018, 01/18/2022
Attachments:

I. PURPOSE

The purpose of this policy is to establish guidelines related to approved master agreements.

II. GENERAL STATEMENT

A. Approved negotiated master agreements shall be prepared in final form and signed within two weeks of the approval of a new master agreement.

B. Any agreed-upon retroactive compensation shall occur only when the newly approved master agreements have been signed by all parties.

C. Original signature copies of signed master agreements will be maintained in the department of human resources.

D. Once master agreements have been signed, neither party may change contract language for the duration of the agreement. Memorandums of Understanding (MOU) may be developed during the term of the master agreement to meet specific needs of the parties to the master agreement. If there is a pay equity violation, master agreements can be opened to address the discrepancy.
 
 
Legal Reference:
Minn. Stat. 179A (Public Employment Labor Relations)
 
Cross Reference:
Moorhead School Board Policy 403: Comparable Worth/Pay Equity Review Process
Medication Request Form
Type: Administrative Procedure
Section: 500 STUDENTS
Code: 516.2
Adopted Date: 6/8/2015
Revised Date(s):
Reviewed Date(s): 12/12/2016
Attachments:

Adm. Proc.

Mission Statement
Type: School Board Policy
Section: 100 SCHOOL DISTRICT
Code: 104
Adopted Date: 11/11/1986
Revised Date(s): 06/12/2006, 12/14/2009, 11/12/2013, 08/14/2017, 10/11/2022, 10/10/2023
Reviewed Date(s): 07/24/1990, 01/23/1995, 05/10/1999, 08/27/2001, 06/12/2006, 12/14/2009, 11/12/2013, 08/14/2017, 10/08/2020, 09/19/2022, 10/11/2022, 10/10/2023
Attachments:

I. PURPOSE

The purpose of this policy is to establish a clear statement of the purpose for which Moorhead Area Public Schools exists.

II. GENERAL STATEMENT
 
The Moorhead Area Public Schools Board of Education believes a mission statement is important. The mission statement should be based on the beliefs and values of the community, should direct any change effort and be the basis on which decisions are made. The School Board, on behalf of and with extensive participation by the community, should develop a consensus among its members regarding the nature of the school district the School Board governs, the purposes it serves, the constituencies it should consider, and the results it intends to produce.
 
III. MISSION STATEMENT
The mission of Moorhead Area Public Schools is to develop the maximum potential of every learner to thrive in a changing world.
 
IV. REVIEW
 
The School Board will review the school district's mission every two years or when members of the board change. The School Board will conduct a comprehensive review of the school district's mission, including the beliefs and values of the community, every five to seven years.
 
Legal References:
Minn. Stat. 120B.11 (School District Process for Reviewing Curriculum, Instruction, and Student Achievement) 

Cross References:
Moorhead School Board Policy 103: Philosophy of Education of Moorhead Area Public Schools
MSBA/MASA Model Policy 104: School District Mission Statement

Moorhead Area Public School District Weapons Policy
Type: School Board Policy
Section: 500 STUDENTS
Code: 501
Adopted Date: 8/11/2003
Revised Date(s): 11/26/2007, 06/11/2012, 06/13/2016, 11/16/2021, 12/15/2021, 10/10/2023
Reviewed Date(s): 11/26/2007, 06/11/2012, 06/13/2016, 10/08/2018, 10/08/2020, 12/15/2021, 10/10/2023
Attachments:

I. PURPOSE

The purpose of this policy is to assure a safe school environment for students, staff and the public.

II. GENERAL STATEMENT

No student or nonstudent, including adults and visitors, shall possess, use or distribute a weapon when in a Moorhead Area Public School location except as provided in this policy. The Moorhead Area Public Schools will act to enforce this policy and to discipline or take appropriate action against any student, teacher, administrator, school employee, volunteer, or member of the public who violates this policy.

III. DEFINITION

A. "Weapon."

1. A "weapon" means any object, device or instrument designed as a weapon or through its use is capable of threatening or producing bodily harm or which may be used to inflict self-injury including, but not limited to, any firearm, whether loaded or unloaded; airguns; pellet guns; BB guns; all knives; blades; clubs; metal knuckles; nunchucks; throwing stars; explosives; fireworks, mace and other propellants; stunguns; ammunition; poisons; chains; arrows; and objects that have been modified to serve as a weapon.

2. No person shall possess, use or distribute any object, device or instrument having the appearance of a weapon and such objects, devices or instruments shall be treated as weapons including, but not limited to, weapons listed above which are broken or nonfunctional, look-alike guns; toy guns; and any object that is a facsimile of a real weapon.

3. No person shall use articles designed for other purposes (i.e., lasers or laser pointers, belts, combs, pencils, files, scissors, etc.), to inflict bodily harm and/or intimidate and such use will be treated as the possession and use of a weapon.

B. "School Location" includes any school building or grounds, whether leased, rented, owned or controlled by the school, locations of school activities or trips, bus stops, school buses or school vehicles, school-contracted vehicles, the area of entrance or departure from school premises or events, all locations where school-related functions are conducted, and anywhere students are under the jurisdiction of the school district.

C. "Possession" means having a weapon on one's person or in an area subject to one's control in a school location.

D. "Dangerous Weapon" means any firearm, whether loaded or unloaded, or any device designed as a weapon and capable of producing death or great bodily harm, any combustible or flammable liquid or other device or instrumentality that, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm, or any fire that is used to produce death or great bodily harm. As used in this definition, "flammable liquid" means any liquid having a flashpoint below 100 degrees Fahrenheit and having a vapor pressure not exceeding 40 pounds per square inch (absolute) at 100 degrees Fahrenheit but does not include intoxicating liquor. As used in subdivision, "combustible liquid" is a liquid having a flashpoint at or above 100 degrees Fahrenheit.

IV. EXCEPTIONS

A. A student who finds a weapon on the way to school or in a school location, or a student who discovers that he or she accidentally has a weapon in his or her possession, and takes the weapon immediately to the building administrator's office shall not be considered to possess a weapon. If it would be impractical or dangerous to take the weapon to the building administrator's office, a student shall not be considered to possess a weapon if he or she immediately turns the weapon over to an administrator, teacher or head coach or immediately notifies an administrator, teacher or head coach of the weapon's location.

B. It shall not be a violation of this policy if a nonstudent (or student where specified) falls within one of the following categories:

1. active licensed peace officers;
 
2. military personnel, or students or nonstudents participating in military training, who are on duty performing official duties;
 
3. persons authorized to carry a pistol under Minnesota Statutes section 624.714, while in a motor vehicle or outside of a motor vehicle for the purpose of directly placing a firearm in, or retrieving it from, the trunk or rear area of the vehicle;

4. persons who keep or store in a motor vehicle pistols in accordance with Minnesota Statutes sections 624.714 or 624.715, or other firearms in accordance with Minnesota Statutes section 97B.045;

a. Section 624.714 specifies procedures and standards for obtaining pistol permits and penalties for the failure to do so. Section 624.715 defines an exception to the pistol permit requirements for "antique firearms which are carried or possessed as curiosities or for their historical significance or value."

b. Section 97B.045 generally provides that a firearm may not be transported in a motor vehicle unless it is (1) unloaded and in a gun case without any portion of the firearm exposed; (2) unloaded and in the closed trunk; or (3) a handgun carried in compliance with Sections 624.714 and 624.715.

5. firearm safety or marksmanship courses or activities conducted on school property;

6. possession of dangerous weapons, BB guns, or replica firearms by a ceremonial color guard;
 
7. a gun or knife show held on school property;

8. possession of dangerous weapons, BB guns, or replica firearms with written permission of the building administrator or other person having general control and supervision of the school or the director of a child care center; or

9. persons who are on unimproved property owned or leased by a child care center, school or school district unless the person knows that a student is currently present on the land for a school-related activity.

C. Policy Application to Instructional Equipment/Tools.

While the school district does not allow the possession, use or distribution of weapons by students or nonstudents, such a position is not meant to interfere with instruction or the use of appropriate equipment and tools by students or nonstudents. Such equipment and tools, when properly possessed, used and stored, shall not be considered in violation of the rule against the possession, use or distribution of weapons. However, when authorized instructional and work equipment and tools are used in a potentially dangerous or threatening manner, such possession and use will be treated as the possession and use of a weapon.

D. Firearms in School Parking Lots and Parking Facilities

A school district may not prohibit the lawful carry or possession of firearms in a school parking lot or parking facility. For purposes of this policy, the "lawful" carry or possession of a firearm in a school parking lot or parking facility is specifically limited to nonstudent permit-holders authorized under Minnesota Statutes section 624.714, to carry a pistol in the interior of a vehicle or outside the motor vehicle for the purpose of directly placing a firearm in, or retrieving it from, the trunk or rear area of the vehicle. Any possession or carry of a firearm beyond the immediate vicinity or a permit-holder's vehicle shall constitute a violation of this policy.

V. CONSEQUENCES FOR STUDENT WEAPON POSSESSION/ USE/ DISTRIBUTION

A. The school district does not allow the possession, use or distribution of weapons by students. Consequently, the minimum consequence for students willfully possessing, use or distributing weapons shall include:

1. immediate out-of-school suspension;

2. confiscation of the weapon;

3. immediate notification of police;

4. parent or guardian notification; and

5. recommendation to the Superintendent of dismissal for a period of time not to exceed one year.

B. Pursuant to Minnesota law, a student who brings a firearm, as defined by federal law, to school will be expelled for at least one year. The Moorhead School Board may modify this requirement on a case-by-case basis.

C. The building principal shall, as soon as practicable, refer to the criminal justice or juvenile delinquency system, as appropriate, a student who brings a firearm to school unlawfully.

D. Administrative Discretion.

While the school district does not allow the possession, use or distribution of weapons by students, the Superintendent may use discretion in determining whether, under the circumstances, a course of action other than the minimum consequences specified above is warranted. If so, other appropriate action may be taken, including consideration of a recommendation for lesser discipline.

VI. CONSEQUENCES FOR WEAPON POSSESSION/USE/DISTRIBUTION BY NONSTUDENTS

A. Employees.

1. An employee who violates the terms of this policy is subject to disciplinary action, including nonrenewal, suspension, or discharge as deemed appropriate by the School Board.

2. Sanctions against employees, including nonrenewal, suspension, or discharge shall be pursuant to and in accordance with applicable statutory authority, collective bargaining agreements, and school district policies.

3. When an employee violates the weapons policy, law enforcement may be notified, as appropriate.

B. Other Nonstudents.

1. Any member of the public who violates this policy shall be informed of the policy and asked to leave the school location. Depending on the circumstances, the person may be barred from future entry to school locations. In addition, if the person is a student in another school district, that school district may be contacted concerning the policy violation.

2. If appropriate, law enforcement will be notified of the policy violation by the member of the public and may be asked to provide an escort to remove the member of the public from the school location.
 
VII. REPORTS OF DANGEROUS WEAPONS INCIDENTS IN SCHOOL ZONES
 
A. The school district must electronically report to the Minnesota Commissioner of Education incidents involving the use or possession of a dangerous weapon in school zones, as required under Minnesota Statutes, section 121A.06.
 


Legal References:
Minn. Stat. 121A.40-121A.56 (Pupil Fair Dismissal Act)
Minn. Stat. 121A.44 (Expulsion for Possession of Firearm)
Minn. Stat. 121A.05 (Policy to Refer Firearms Possessor)
Minn. Stat 121A.06 (Reports of Dangerous Weapon Incidents in School Zones)
Minn. Stat. 152.01, Subd. 14(a) (Definition of a School Zone)
Minn. Stat. 609.66 (Dangerous Weapons)
Minn. Stat. 609.605 (Trespass)
Minn. Stat. 609.02, Subd. 6 (Definition of Dangerous Weapon)
Minn. Stat. 97B.045 (Transporting of Firearms)
Minn. Stat. 624.714 (Carrying of Weapons without Permit; Penalties)
Minn. Stat. 624.715 (Exemptions; Antiques and Ornaments)
18 U.S.C. 921 (Definition of Firearm)
In re C.R.M. 611 N.W.2d 802 (Minn. 2000)
In re A.D., 883 N.W. 2d 251 (Minn. 2016)

Cross Reference:
MSBA/MASA Model Policy 403 (Discipline, Suspension, and Dismissal of School District Employees)
MSBA/MASA Model Policy 501 (School Weapons Policy)
MSBA/MASA Model 506 (Student Discipline)
MSBA/MASA Model Policy 525 (Violence Prevention)
MSBA/MASA Model Policy 903 (Visitors to School District Buildings and Sites)

Moorhead School Board Policy 506: Student Discipline

Moorhead Area Public Schools Electronic Network and Systems Responsible Use and Safety
Type: School Board Policy
Section: 500 STUDENTS
Code: 524
Adopted Date: 2/8/1999
Revised Date(s): 12/12/2005, 06/13/2011, 05/14/2012, 02/25/2013, 02/23/2015, 12/14/2015, 04/10/2017, 02/11/2019, 07/15/2020, 07/13/2021, 06/20/2022, 08/15/2022, 08/16/2022, 09/13/2022, 06/14/2023
Reviewed Date(s): 03/08/2004, 12/12/2005, 06/13/2011, 05/14/2012, 02/25/2013, 02/23/2015, 12/14/2015, 04/10/2017, 12/11/2017, 02/11/2019, 06/10/2020, 04/12/2022, 04/13/2022, 09/13/2022, 06/14/2023
Attachments:
I. PURPOSE

The purpose of this policy is to set forth guidelines for access to the school district computer system and acceptable and safe use of the Internet, and other electronic communications.

II. GENERAL STATEMENT OF POLICY
 

In making decisions regarding student and employee access to the school district computer system and the Internet, including electronic communications, the school district considers its own stated educational mission, goals, and objectives.  Electronic information research skills are now fundamental to preparation of citizens and future employees.  Access to the school district computer system and to the Internet enables students and employees to explore thousands of libraries, databases, bulletin boards, and other resources while exchanging messages with people around the world.  The school district expects that faculty will blend thoughtful use of the school district computer system and the Internet throughout the curriculum and will provide guidance and instruction to students in their use.

III.  LIMITED EDUCATIONAL PURPOSE

 

The school district is providing students and employees with access to the school district computer system, which includes Internet access.  The purpose of the system is more specific than providing students and employees with general access to the Internet.  The school district system has a limited educational purpose, which includes use of the system for classroom activities, educational research, and professional or career development activities.  Users are expected to use Internet access through the district system to further educational and personal goals consistent with the mission of the school district and school policies. Uses which might be acceptable on a user’s private personal account on another system may not be acceptable on this limited-purpose network.

 

IV.  USE OF SYSTEMS IS A PRIVILEGE

The use of the school district network and systems and access to use of the Internet are a privilege, not a right. Depending on the nature and degree of the violation and the number of previous violations, unacceptable use of the school district system or the Internet may result in one or more of the following consequences: suspension or cancellation of use or access privileges; payments for damages and repairs; discipline under other appropriate school district policies, including suspension, expulsion, exclusion or termination of employment; or civil or criminal liability under other applicable laws. 

V.  UNACCEPTABLE USES

 

A. While not an exhaustive list, the following uses of the school district system and Internet resources or accounts are considered unacceptable:

1. Users will not use the school district system to access, review, upload, download, store, print, post, receive, transmit, or distribute:

a. pornographic, obscene, or sexually explicit material or other visual depictions that are harmful to minors;

b. obscene, abusive, profane, lewd, vulgar, rude, inflammatory, threatening, disrespectful, or sexually explicit language;

c. materials that use language or images that are inappropriate in the education setting or disruptive to the educational process;

d. information or materials that could cause damage or danger of disruption to the educational process;

e. materials that use language or images that advocate violence or discrimination toward other people (hate literature) or that may constitute harassment or discrimination.

2. Users will not use the school district system to knowingly or recklessly post, transmit, or distribute false or defamatory information about a person or organization, or to harass another person, or to engage in personal attacks, including prejudicial or discriminatory attacks.

3. Users will not use the school district system to engage in any illegal act or violate any local, state, or federal statute or law.

4. Users will not use the school district system to vandalize, damage, or disable the property of another person or organization, will not make deliberate attempts to degrade or disrupt equipment, software, or system performance by spreading computer viruses or by any other means, will not tamper with, modify, or change the school district system software, hardware, or wiring or take any action to violate the school district’s security system, and will not use the school district system in such a way as to disrupt the use of the system by other users.

5. Users will not use the school district system to gain unauthorized access to information resources or to access another person’s materials, information, or files without the implied or direct permission of that person.

6. Users will not use the school district system to post private information about another person, personal contact information about themselves or other persons, or other personally identifiable information, including, but not limited to, addresses, telephone numbers, school addresses, work addresses, identification numbers, account numbers, access codes or passwords, labeled photographs, or other information that would make the individual’s identity easily traceable, and will not repost a message that was sent to the user privately without permission of the person who sent the message. 

a. This paragraph does not prohibit the posting of employee contact information on school district webpages or communications between employees and other individuals when such communications are made for education-related purposes (i.e., communications with parents or other staff members related to students).

b. Employees creating or posting school-related webpages may include personal contact information about themselves on a webpage. However, employees may not post personal contact information or other personally identifiable information about students unless:

(1) such information is classified by the school district as directory information and verification is made that the school district has not received notice from a parent/guardian or eligible student that such information is not to be designated as directory information in accordance with Policy 515; or

(2) such information is not classified by the school district as directory information but written consent for release of the information to be posted has been obtained from a parent/guardian or eligible student in accordance with Policy 515.

In addition, prior to posting any personal contact or personally identifiable information on a school-related webpage, employees shall obtain written approval of the content of the postings from the building administrator. 

c. These prohibitions specifically prohibit a user from utilizing the school district system to post personal information about a user or another individual on social networks, including, but not limited to, social networks such as “Facebook,” “Twitter,” “Instagram,” “Snapchat,” “TikTok,” “Reddit,” and similar websites or applications.

7. Users must keep all account information and passwords on file with the designated school district official.  Users will not attempt to gain unauthorized access to the school district system or any other system through the school district system, attempt to log in through another person’s account, or use computer accounts, access codes, or network identification other than those assigned to the user.  Messages and records on the school district system may not be encrypted without the permission of appropriate school authorities.

8. Users will not use the school district system to violate copyright laws or usage licensing agreements, or otherwise to use another person’s property without the person’s prior approval or proper citation, including the downloading or exchanging of pirated software or copying software to or from any school computer, and will not plagiarize works they find on the Internet. 

9. Users will not use the school district system for conducting business, for unauthorized commercial purposes, or for financial gain unrelated to the mission of the school district. Users will not use the school district system to offer or provide goods or services or for product advertisement.  Users will not use the school district system to purchase goods or services for personal use without authorization from the appropriate school district official.

10. Users will not use the school district system to engage in bullying or cyberbullying in violation of the school district’s Bullying Prohibition Policy. This prohibition includes using any technology or other electronic communication off school premises to the extent that student learning or the school environment is substantially and materially disrupted.

B. The school district has a special interest in regulating off-campus speech that materially disrupts classwork or involves substantial disorder or invasion of the rights of others. A student or employee engaging in the foregoing unacceptable uses of the Internet when off school district premises also may be in violation of this policy as well as other school district policies.  Examples of such violations may include, but are not limited to, serious or severe bullying or harassment targeting particular individuals, threats aimed at teachers or other students, failure to follow rules concerning lessons, the writing of papers, the use of computers, or participation in other online school activities, and breaches of school security devices. If the school district receives a report of an unacceptable use originating from a non-school computer or resource, the school district may investigate such reports to the best of its ability.  Students or employees may be subject to disciplinary action for such conduct, including, but not limited to, suspension or cancellation of the use or access to the school district computer system and the Internet and discipline under other appropriate school district policies, including suspension, expulsion, exclusion, or termination of employment. 

C. If a user inadvertently accesses unacceptable materials or an unacceptable Internet site, the user shall immediately disclose the inadvertent access to an appropriate school district official.  In the case of a school district employee, the immediate disclosure shall be to the employee’s immediate supervisor and/or the building administrator.  This disclosure may serve as a defense against an allegation that the user has intentionally violated this policy.  In certain rare instances, a user also may access otherwise unacceptable materials if necessary to complete an assignment and if done with the prior approval of and with appropriate guidance from the appropriate teacher or, in the case of a school district employee, the building administrator.

 

VI.  FILTER

 

A. With respect to any of its computers with Internet access, the school district will monitor the online activities of both minors and adults and employ technology protection measures during any use of such computers

by minors and adults.  The technology protection measures utilized will block or filter Internet access to any visual depictions that are:

 

1. Obscene;

 

2. Child pornography; or

 

3. Harmful to minors.

 

B. The term “harmful to minors” means any picture, image, graphic image file, or other visual depiction that:

 

1. Taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion; or

 

2. Depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a

lewd exhibition of the genitals; and

 

3. Taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors.

 

C. Software filtering technology shall be narrowly tailored and shall not discriminate based on viewpoint.

 

D. An administrator, supervisor, or other person authorized by the Superintendent may disable the technology protection measure, during use by an adult, to enable access for bona fide research or other lawful

purposes.

 

E. The school district will educate students about appropriate online behavior, including interacting with other individuals on social networking websites and in chat rooms and cyberbullying awareness and response.

 

 

VII. CONSISTENCY WITH OTHER SCHOOL POLICIES

 

Use of the school district computer system and use of the Internet shall be consistent with school district policies and the mission of the school district.

 
VIII. LIMITED EXPECTATION OF PRIVACY
 
A. By authorizing use of the school district system, the school district does not relinquish control over materials on the system or contained in files on the system. Users should expect only limited privacy in the contents of personal files on the school district system.
 
B. Routine maintenance and monitoring of the school district system may lead to a discovery that a user has violated this policy, another school district policy, or the law.
 
C. An individual investigation or search will be conducted if school authorities have a reasonable suspicion that the search will uncover a violation of law or school district policy.
 
D. Parents/guardians have the right at any time to investigate or review the contents of their child's files and e-mail files. Parents/guardians have the right to request the termination of their child's individual account at any time. The request will be reviewed by the appropriate administration.
 
E. School district employees should be aware that the school district retains the right at any time to investigate or review the contents of their files and e-mail files. In addition, school district employees should be aware that data and other materials in files maintained on the school district system may be subject to review, disclosure, or discovery under Minnesota Statutes chapter 13 (Minnesota Government Data Practices Act).
 
F. The school district will cooperate fully with local, state, and federal authorities in any investigation concerning or related to any illegal activities or activities not in compliance with school district policies conducted through the school district system.
 

IX. INTERNET USE AGREEMENT

 

A. The proper use of the Internet, and the educational value to be gained from proper Internet use, is the joint responsibility of students, parents, and employees of the school district.

 

B. This policy requires the permission of and supervision by the school’s designated professional staff before a student may use a school account or resource to access the Internet.

 

C.  The Internet Use Agreement form for students must be read and signed by the user, the parent or guardian, and the supervising teacher.  The Internet Use Agreement form for employees must be signed by the employee.  The form must then be filed at the school office.  As supervising teachers change, the agreement signed by the new teacher shall be attached to the original agreement.

 

X. LIMITATION ON SCHOOL DISTRICT LIABILITY

 

Use of the school district system is at the user’s own risk.  The system is provided on an “as is, as available” basis.  The school district will not be responsible for any damage users may suffer, including, but not limited to, loss, damage, or unavailability of data stored on school district diskettes, tapes, hard drives, or servers, or for delays or changes in or interruptions of service or misdeliveries or nondeliveries of information or materials, regardless of the cause. The school district is not responsible for the accuracy or quality of any advice or information obtained through or stored on the school district system.  The school district will not be responsible for financial obligations arising through unauthorized use of the school district system or the Internet.


XI. USER NOTIFICATION

A. All users shall be notified of the school district policies relating to Internet use.
 

B. This notification shall include the following:

 

1. Notification that Internet use is subject to compliance with school district policies.

 

2. Disclaimers limiting the school district’s liability relative to:

 

a. Information stored on school district diskettes, hard drives, or servers.

 

b. Information retrieved through school district computers, networks, or online resources.

 

c. Personal property used to access school district computers, networks, or online resources.

 

d. Unauthorized financial obligations resulting from use of school district resources/accounts to access the Internet.

 

3. A description of the privacy rights and limitations of school sponsored/managed Internet accounts.

 

4. Notification that, even though the school district may use technical means to limit student Internet access, these limits do not provide a foolproof means for enforcing the provisions of this acceptable use policy.

 

5. Notification that goods and services can be purchased over the Internet that could potentially result in unwanted financial obligations and that any financial obligation incurred by a student through the Internet is the sole responsibility of the student and/or the student’s parents.

 

6. Notification that the collection, creation, reception, maintenance, and dissemination of data via the Internet, including electronic communications, is governed by Public and Private Personnel Data Policy, and Protection and Privacy of Pupil Records Policy.

 

7. Notification that, should the user violate the school district’s acceptable use policy, the user’s access privileges may be revoked, school disciplinary action may be taken and/or appropriate legal action may be taken.

 

8. Notification that all provisions of the acceptable use policy are subordinate to local, state, and federal laws.

 

XII. PARENTS’ RESPONSIBILITY; NOTIFICATION OF STUDENT INTERNET USE

 

A. Outside of school, parents bear responsibility for the same guidance of Internet use as they exercise with information sources such as television, telephones, radio, movies, and other possibly offensive media. 

 

Parents are responsible for monitoring their student’s use of the school district system and of the Internet if the student is accessing the school district system from home or a remote location.

 

B. Parents will be notified that their students will be using school district resources/accounts to access the Internet and that the school district will provide parents the option to request alternative activities not requiring

Internet access.  This notification should include:

 

1. A copy of the user notification form provided to the student user.

 

2. A description of parent/guardian responsibilities.

 

3. A notification that the parents have the option to request alternative educational activities not requiring Internet access and the material to exercise this option.

 

4. A statement that the Internet Use Agreement must be signed by the user, the parent or guardian, and the supervising teacher prior to use by the student.

 

5. A statement that the school district’s acceptable use policy is available for parental review.

 

XIII. NOTIFICATION REGARDING TECHNOLOGY PROVIDERS

 

"Technology provider" means a person who: 

contracts with the school district, as part of a one-to-one program or otherwise, to provide a school-issued device for student use; and creates, receives, or maintains educational data pursuant or incidental to a contract with the school district.

 

"Parent" means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian.

 

Within 30 days of the start of each school year, the school district must give parents and students direct and timely notice, by United States mail, e-mail, or other direct form of communication, of any curriculum, testing, or assessment technology provider contract affecting a student's educational data. The notice must: 

1. identify each curriculum, testing, or assessment technology provider with access to educational data; 
2. identify the educational data affected by the curriculum, testing, or assessment technology provider contract; and include information about the contract inspection and provide contact information for a school department to which a parent or student may direct questions or concerns regarding any program or activity that allows a curriculum, testing, or assessment technology provider to access a student's educational data.

The school district must provide parents and students an opportunity to inspect a complete copy of any contract with a technology provider.

 

A contract between a technology provider and the school district must include requirements to ensure appropriate security safeguards for educational data. The contract must require that:

 

1. the technology provider's employees or contractors have access to educational data only if authorized; and 

2. the technology provider's employees or contractors may be authorized to access educational data only if access is necessary to fulfill the official duties of the employee or contractor.

 

All educational data created, received, maintained, or disseminated by a technology provider pursuant or incidental to a contract with a public educational agency or institution are not the technology provider's property.

 

XIV. SCHOOL-ISSUED DEVICES

 

"School-issued device" means hardware or software that the school district, acting independently or with a technology provider, provides to an individual student for that student's dedicated personal use. A school-issued device includes a device issued through a one-to-one program.

 

Except as provided in paragraph C, the school district or a technology provider must not electronically access or monitor: 

1. any location-tracking feature of a school-issued device; 

2. any audio or visual receiving, transmitting, or recording feature of a school-issued device; or 

3. student interactions with a school-issued device, including but not limited to keystrokes and web-browsing activity.

 

The school district or a technology provider may only engage in activities prohibited by paragraph B if: 

1. the activity is limited to a noncommercial educational purpose for instruction, technical support, or exam-proctoring by school district employees, student teachers, staff contracted by the school district, a vendor, or the Minnesota Department of Education, and notice is provided in advance; 

2. the activity is permitted under a judicial warrant; 

3. the school district is notified or becomes aware that the device is missing or stolen; 

4. the activity is necessary to respond to an imminent threat to life or safety and the access is limited to that purpose; 

5. the activity is necessary to comply with federal or state law, including but not limited to Minnesota Statutes section 121A.031; or

 

6. the activity is necessary to participate in federal or state funding programs, including but not limited to the E-Rate program.

 

If the school district or a technology provider interacts with a school-issued device as provided in paragraph C, clause 4, it must, within 72 hours of the access, notify the student to whom the school-issued device was issued or that student's parent and provide a written description of the interaction, including which features of the device were accessed and a description of the threat. This notice is not required at any time when the notice itself would pose an imminent threat to life or safety, but must instead be given within 72 hours after that imminent threat has ceased.

 

XV. LIMIT ON SCREEN TIME FOR CHILDREN IN PRESCHOOL AND KINDERGARTEN

 

A child in a publicly funded preschool or kindergarten program may not use an individual-use screen, such as a tablet, smartphone, or other digital media, without engagement from a teacher or other students. This section does not apply to a child for whom the school has an individualized family service plan, an individualized education program, or a 504 plan in effect.

 

XVI. IMPLEMENTATION; POLICY REVIEW

 

A. The school district administration may develop appropriate user notification forms, guidelines, and procedures necessary to implement this policy for submission to the school board for approval.  Upon approval by

the school board, such guidelines, forms, and procedures shall be an addendum to this policy

 

B. The administration shall revise the user notifications, including student and parent notifications, if necessary, to reflect the adoption of these guidelines and procedures.

 

C. The school district Internet policies and procedures are available for review by all parents, guardians, staff, and members of the community.

 

D. Because of the rapid changes in the development of the Internet, the school board shall conduct an annual review of this policy.

 

 

Legal References:
Minn. Stat. 13 (Minnesota Government Data Practices Act)
Minn. Stat. 113.32 (Educational Data)
Minn. Stat. 121A.o31 (School Student Bullying Policy)
Minn. Stat. 124.D.166 (Limit on Screen Time for Children in Preschool and Kindergarten)
15 U.S.C. 6501 et seq. (Children's Online Privacy Protection Act)
17 U.S.C. 101 et seq. (Copyrights)
20 U.S.C. 123G (Family Educational Rights and Privacy Act)
47 U.S.C. 254 (Children's Internet Protection Act of 2000 (CIPA))
47 C.F.R. 54.520 (FCC Rules Implementing CIPA)
Minn. Stat. 121A.0695 (School Board Policy; Prohibiting Intimidation and Bullying)
Minn. Stat. 125B.15 (Internet Access for Students)
Minn. Stat. 125B.26 (Telecommunications/Internet Access Equity Act)
Mahoney Area Sch. Dist. v. B.L., 594 U.S., 141 S. Ct. 2038 (2021)
Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503, (1969)
United States v. Amer. Library Assoc., 539 U.S. 194, (2003)
Sagehorn v. Indep. Sch. Dist. No. 728, 122 F.Supp.2d 842 (D. Minn. 2015)
R.S. v. Minnewaska Area Sch. Dist. No. 2149, 894 F.Supp.2d 1128 (D. Minn. 2012)
Tatro v. Univ. of Minnesota, 800 N.W.2d 811 (Minn. App. 2011), aff’d on other grounds 816 N.W.2d 509 (Minn. 2012)
S.J.W. v. Lee’s Summit R-7 Sch. Dist., 696 F.3d 771 (8th Cir. 2012)
Parents, Families and Friends of Lesbians and Gays, Inc. v. Camdenton R-III Sch. Dist., 853 F.Supp.2d 888 (W.D. Mo. 2012)
M.T. v. Cent. York Sch. Dist., 937 A.2d 538 (Pa. Commw. Ct. 2007)
 
Cross References:
MSBA/MASA Model Policy 524 (Internet Acceptable Use and Safety Policy)

MSBA/MASA Model Policy 403 (Discipline, Suspension, and Dismissal of School District Employees)

MSBA/MASA Model Policy 406 (Public and Private Personnel Data)

MSBA/MASA Model Policy 505 (Distribution of Nonschool-Sponsored Materials on School Premises by Students and Employees)

MSBA/MASA Model Policy 506 (Student Discipline)

MSBA/MASA Model Policy 514 (Bullying Prohibition Policy)

MSBA/MASA Model Policy 515 (Protection and Privacy of Pupil Records)

MSBA/MASA Model Policy 519 (Interviews of Students by Outside Agencies)

MSBA/MASA Model Policy 521 (Student Disability Nondiscrimination)

MSBA/MASA Model Policy 522 (Title IX Sex Nondiscrimination Grievance Procedures and Process)

MSBA/MASA Model Policy 603 (Curriculum Development)

MSBA/MASA Model Policy 604 (Instructional Curriculum)

MSBA/MASA Model Policy 606 (Textbooks and Instructional Materials)

MSBA/MASA Model Policy 806 (Crisis Management Policy)

MSBA/MASA Model Policy 904 (Distribution of Materials on School District Property by Nonschool Persons)

Moorhead School Board Policy 406: Employee Public and Private Personnel Data
Moorhead School Board Policy 447: Employee Responsible Use of Social Media
Moorhead School Board Policy 448: Electronic Communication Between Employees and Students
Moorhead School Board Policy 502: Student Disability Nondiscrimination
Moorhead School Board Policy 503: Student Parental, Family and Marital Status
Nondiscrimination
Moorhead School Board Policy 504: Protection and Privacy of Student Records
Moorhead School Board Policy 551: Student Discipline 
Moorhead School Board Policy 409: Prohibition of Harassment and Violence
Moorhead School Board Policy 526: Hazing Prohibition
Moorhead School Board Policy 514: Bullying Prohibition
Moorhead School Board Policy 601: Instructional Goals of Moorhead Area Public Schools
Moorhead School Board Policy 620: Selection of Textbooks and Instructional Materials
Moorhead School Board Policy 806: School District Crisis Management
Moorhead School Board Policy 730: School District Copyright
Moorhead School Board Policy 906: Public Solicitation in Moorhead Area Public Schools
Moorhead Area Public Schools Graduation Policy
Type: School Board Policy
Section: 600 EDUCATION PROGRAMS
Code: 613
Adopted Date: 7/30/1985
Revised Date(s): 02/11/2008, 06/14/2010, 11/12/2013, 12/11/2017, 06/25/2018, 06/13/2019, 05/04/2020, 10/20/2020, 10/13/2021, 03/15/2022, 08/29/2023
Reviewed Date(s): 04/01/1990, 04/14/1994, 06/08/1998, 05/09/2005, 04/10/2006, 02/11/2008, 06/14/2010, 11/12/2013, 12/11/2017, 06/25/2018, 05/04/2020, 09/28/2020, 10/13/2021, 02/23/2022, 03/15/2022, 08/29/2023
Attachments:

I. PURPOSE

The purpose of this policy is to set forth requirements for graduation from Moorhead Area Public Schools.

II. GENERAL STATEMENT

Moorhead High School is a comprehensive high school. Diplomas are awarded to all graduates who meet the requirements established by the Moorhead School Board and the Minnesota Department of Education.

It is the policy of the Moorhead Area Public Schools that all students entering grade 9 in the 2012-13 school year and earlier must satisfactorily complete all credit requirements, all state and local academic standards, and successfully pass graduation examinations as established by the School Board in order to graduate.

For students entering grade 9 in the 2013-2014 school year and later, the school district’s policy is that students must demonstrate, as determined by the school district, their satisfactory completion of the credit requirements and their understanding of academic standards on a nationally normed college entrance exam.  The school district must adopt graduation requirements that meet or exceed state graduation requirements established in law or rule. (Please refer to Administrative Procedure 613.1: Middle and High School Completion.)

III. DEFINITIONS

A. “Academic standard” means: (1) a statewide adopted expectation for student learning in the content areas of language arts, mathematics, science, social studies, physical education, or the arts, or (2) a locally adopted expectation for student learning in health, career, and technical education, or world languages.

B. “Credit” means a student's successful completion of an academic year of study or a student's mastery of the applicable subject matter, as determined by the school district.

C. "Section 504 Accommodation" means the defined appropriate accommodations or modifications that must be made in the school environment to address the needs of an individual student with disabilities.

D. "Individualized Education Program," or "IEP," means a written statement developed for a student eligible by law for special education and services.

E. "Limited English Proficient" or ”EL” students means an individual whose first language is not English and whose test performance may be negatively impacted by lack of English language proficiency.

IV. DISTRICT ASSESSMENT COORDINATOR

The assistant superintendent of learning and accountability shall be named the district assessment coordinator. Said person shall be in charge of all test procedures and shall bring recommendations to the School Board annually for approval.

V. GRADUATION ASSESSMENT REQUIREMENTS

For students enrolled in grade 8 in the 2012-2013 school year and later, students’ state graduation requirements, based on a longitudinal, systematic approach to student education and career planning, assessment, instructional support, and evaluation, include the following: 

A. Achievement and career and college readiness in mathematics, reading, and writing, as measured against a continuum of empirically derived, clearly defined benchmarks focused on students’ attainment of knowledge and skills so that students, their parents, and teachers know how well students must perform to have a reasonable chance to succeed in a career or college without the need for postsecondary remediation and which facilitates the

1. monitoring of students’ continuous development of and growth in requisite knowledge and skills; analysis of students’ progress and performance levels; identification of students’ academic strengths and diagnosis of areas where students require curriculum or instructional adjustments, targeted interventions, or remediation; and

2. determination of students’ learning and instructional needs and the instructional tools and best practices that support academic rigor for the student based on analysis of students' progress and performance data; and

B. Consistent with this paragraph and Minnesota Statutes section 120B.125, age-appropriate exploration and planning activities and career assessments to encourage students to identify personally relevant career interests and aptitudes and help students and their families develop a regularly reexamined transition plan for postsecondary education or employment without need for postsecondary remediation.

C. Based on appropriate state guidelines, students with an IEP may satisfy state graduation requirements by achieving an individual score on the state-identified alternative assessments.

D. Students meeting the state graduation requirements under this section must receive targeted, relevant, academically rigorous, and resourced instruction, which may include a targeted instruction and intervention plan focused on improving the student’s knowledge and skills in core subjects so that the student has a reasonable chance to succeed in a career or college without need for postsecondary remediation.

E. Students meeting the state graduation requirements under this section and who are students in grade 11 or 12 and who are identified as academically ready for a career or college must be actively encouraged by the school district to participate in courses and programs awarding college credit to high school students.  Students are not required to achieve a specified score or level of proficiency on an assessment under this subdivision to graduate from high school.

F. A student's progress toward career and college readiness must be recorded on the student's high school transcript. 

VI. GRADUATION CREDIT REQUIREMENTS

Students beginning 9th grade in the 2021-2022 school year must successfully complete, as determined by the school district, the following high school level credits for graduation:

A. Four credits of language arts;

B. Three credits of mathematics, including an Algebra II credit or its equivalent, are sufficient to satisfy the academic standard.

C. An algebra I credit by the end of 8th grade sufficient to satisfy all of the 8th grade standards in mathematics; 

D. Three credits of science, including at least: (a) one credit in biology; (b) one chemistry or physics credit or a career and technical education credit that meets standards underlying the chemistry, physics, or biology credit or a combination of those standards approved by the school district;  and (c) one elective credit of science. 613-7 The combination of credits must be sufficient to satisfy (i) all of the academic standards in either chemistry or physics and (ii) all other academic standards in science;

E. Three and one-half credits of social studies, encompassing at least United States history, geography, government and citizenship, world history, and economics, or three credits of social studies, encompassing at least United States history, geography, government and citizenship, and world history, and one-half credit of economics taught in a school’s social studies, agriculture education, or business department; sufficient to satisfy all of the academic standards in social studies;

F. One credit in the arts; sufficient to satisfy all of the state or local academic standards in the arts;

G. One credit Moorhead Area Public School District Standards, Fitness

H. One-half credit Moorhead Area Public School District Standards, Wellness

I. A minimum of 5.5 credits, a minimum of 8 elective credits for the graduating class of 2025, a minimum of 10 elective credits for the graduating class of 2026 and beyond except for the Moorhead Alternative Center and West Central Academy, must complete a minimum of 5.5 elective credits.

J. Credit equivalencies

1. A one-half credit of economics taught in a school’s agricultural education, food and natural resources education, or business education program may fulfill a one-half credit in social studies under Paragraph E. above if the credit is sufficient to satisfy all of the academic standards in economics.

2. An agriculture science or career and technical education credit may fulfill the elective science credit required under Paragraph D., above if the credit meets the state physical science, life science, earth and space science, chemistry, or physics academic standards or a combination of these academic standards as approved by the school district. Agriculture or career and technical education credit may fulfill the credit in chemistry or physics required under Paragraph D., above if the credit meets the state chemistry or physics academic standards as approved by the school district. A student must satisfy either all of the chemistry or physics academic standards prior to graduation. An agriculture science or career and technical education credit may not fulfill the required biology credit under Paragraph D. above.

3. A career and technical education credit may fulfill a mathematics or arts credit requirement under Paragraph B. or Paragraph F., above.

4. A computer science credit may fulfill a mathematics credit requirement under Paragraph B., above if the credit meets state academic standards in mathematics.

5. A Project Lead the Way credit may fulfill a science or mathematics or science credit requirement under Paragraph B. or Paragraph D., above if the credit meets the state academic standards in science or mathematics or science. 

6. An ethnic studies course may fulfill a social studies, language arts, arts, math, or science credit if the course meets the applicable state academic standards.  An ethnic studies course may fulfill an elective credit if the course meets applicable local standards or other requirements. (Starting in 2026-2027 school year, an ethnic studies course; in elementary and middle schools by the 2027-2028 school year will be offered.)

VII. GRADUATION STANDARDS REQUIREMENTS

A. All students must demonstrate their understanding of the following academic standards:

1. Moorhead Area Public School District Standards, Health (K-12);

2. Moorhead Area Public School District Standards, Vocational and Technical Education (K-12); and

3. Moorhead Area Public School District, World Languages (K-12).

B. Academic standards in health, world languages, and vocational and technical education will be reviewed on a periodic basis as a part of the curriculum review cycle. 

C. All students must satisfactorily complete the following required Graduation Standards in accordance with the standards developed by the Minnesota Department of Education (MDE):

1. Minnesota Academic Standards, Language Arts K-12;

2. Minnesota Academic Standards, Mathematics K-12;

3. Minnesota Academic Standards, Science K-12;

4. Minnesota Academic Standards, Social Studies K-12; and

5. Minnesota Academic Standards, Arts K-12.

6. Minnesota Academic Standards, Physical Education K-12. 

D. The academic standards for language arts, mathematics, and science apply to all students except the very few students with extreme cognitive or physical impairments for whom an IEP team has determined that the required academic standards are inappropriate.  An IEP team that makes this determination must establish alternative standards.

VIII. EARLY GRADUATION

Students may be considered for early graduation, as provided for within Minn. Stat. 120B.07 upon meeting the following conditions:

1. All course standards and credit requirements must be met.

2. The building administrator or designee shall conduct an interview with the student and parent(s)/guardian(s), familiarize the parties with opportunities available in post-secondary education, and arrive at a timely decision.

3. The building administrator's decision shall be in writing and may be subject to review by the Superintendent and School Board.

IX. TRANSFER STUDENTS:

Students must attend Moorhead Area Public Schools for one semester immediately before graduation to be considered for special honors. All students must meet state and district requirements for graduation. An exemption to the district requirements of the 9th grade Explore Class may be made for student transfers during or after his/her freshman year. For purposes of placement and credit toward graduation requirements, students in grades 9-12 enrolling in Moorhead High School after a semester or more of attending a school other than Moorhead Area Public Schools must complete necessary forms and organize and submit documentation regarding the work which was completed and for which district credit is requested.

Documents should include:

1. Course descriptions and number of credits being requested.

2. Detail about the hours of instruction for each course for which credit is sought. Such hours should be equivalent to or greater than the number which would have occurred in the school district for the same or similar courses.

3. Evidence that the student sufficiently mastered the curriculum, including such items as standardized test results, subject tests, papers, and other examples of work.

The school district will review official transcripts from all schools. The district will determine the amount of credit awarded and/or the grades recorded on the district transcript. Grades may include pass, fail or letter grades. 

 

Legal References:
Minn. Stat. 120B.02 (Educational Expectations for Minnesota's Students)
Minn. Stat. 120B.018 (Definitions)
Minn. Stat. 120B.07 (Early Graduation)
Minn. Stat. 120B.11 (School District Process for Reviewing Curriculum, Instruction, and Student Achievement; Striving for the World’s Best Workforce)
Minn. Stat. 120B.021 (Required Academic Standards)
Minn. Stat. 120B.023 (Benchmarks)
Minn. Stat. 120B.024 (Graduation Requirements; Course Credits)
Minn. Stat. 120B.30 (Statewide Testing and Reporting System)
Minn. Stat. 120B.125 (Planning for Students' Successful Transition to Postsecondary Education and Employment; Involuntary Career Tracking Prohibited)
Minn. Rules Parts 3501.0640-3501.0655 (Academic Standards for Language Arts)
Minn. Rules Parts 3501.0700-3501.0745 (Academic Standards for Mathematics)
Minn. Rules Parts 3501.0800-3501.0815 (Academic Standards for the Arts)
Minn. Rules Parts 3501.0900-3501.0955 (Academic Standards in Science)
Minn. Rules Parts 3501.1300-3501.1345 (Academic Standards for Social Studies)
Minn. Rules Part 3505.1150, Subpart 1, Item B (2012) (Awarding Science, Mathematics, or Arts Credits through Career and Technical Education)
20 U.S.C. 6301 et seq. (Every Student Succeeds Act)
 
Cross References:
Moorhead School Board Policy 104: Mission Statement
Moorhead School Board Policy 660: Moorhead Area Public School State Mandated Testing Plan and Procedure
Moorhead School Board Policy 601: Curriculum and Instruction Goals of Moorhead Area Public Schools
Moorhead School Board Policy 606: Selection of Textbooks and Instructional Materials
Moorhead School Board Policy 616: School District System Accountability
Moorhead School Board Policy 620: Credit for Learning of Minnesota Graduation Standards
Moorhead School Board Policy 615: GRAD Testing, Accommodations, Modifications, and Exemptions for IEPs, Section 504 Accommodations and LEP Students
MSBA/MASA Model Policy 613: Graduation Requirements
Moorhead Area Public Schools School Board Committees
Type: School Board Policy
Section: 200 SCHOOL BOARD
Code: 213
Adopted Date: 8/27/2001
Revised Date(s): 10/10/2005, 10/12/2009, 11/12/2013, 05/08/2017, 09/11/2019, 09/19/2019, 06/20/2022, 07/20/2022
Reviewed Date(s): 10/10/2005, 10/12/2009, 11/12/2013, 05/08/2017, 09/11/2019, 06/21/2022, 07/20/2022
Attachments:

I. PURPOSE

The purpose of this policy is to provide for the structure and operation of committees or subcommittees of the School Board of Moorhead Area Public Schools.

II. GENERAL STATEMENT
 
The School Board believes that board committees and appointments enable the board members to delve into governance matters in greater detail than is possible at the full board level. In-depth committee work builds governing expertise among board members, while also strengthening their sense of ownership and commitment, which ultimately improves the quality of board decision-making. Board decisions are supported by detailed standing committee work and are firmer because of ownership that is built at the committee level.

A. It is the policy of the School Board to designate Standing School Board committees when it is determined that a committee meeting process facilitates the mission of the school district, completion of a required task and/or as mandated by law.
 

1. The School Board has determined that certain permanent standing committees, as described in this policy, do facilitate the operation of the school board and the school district.

 

2. A school board committee will be formed by school board resolution which shall outline the duties and purpose of the committee. (Refer to Administrative Procedure 213.1: School Board Committees); (Refer to Administrative Procedures: 213.3 Business and Finance Committee; 213.4 District Health Insurance Committee; 213.5 Governance Committee; 213.6 Instruction and Curriculum Advisory Council; 213.7 Policy Review Committee; 213.8 Activities Advisory Council

 

3. A committee is advisory in nature to the School Board and has only such authority as specified by the School Board.  (Refer to Administrative Procedure 213.1: School Board Committees)

 

4. The School Board will receive reports or recommendations from a committee for consideration. The School Board, however, retains the right and has the duty to make all

final decisions related to such reports or recommendations.  (Refer to Administrative Procedure 213.1: School Board Committees)

 

5. The School Board also may establish such ad hoc committees for specific purposes as it deems appropriate. (Refer to Administrative Procedure: 213.1 School Board Committees)

 

B. Similarly, the School Board has determined that appointments to other committees, councils, and organizations facilitate the operation of the School Board and the school district. (Refer to Administrative Procedure 213.2: School Board Committee Appointment)

 

The School Board chair will appoint board members to serve as liaisons to the Standing Committees, councils, and organizations. No more than two Board members shall be designated for any one appointment. (Refer to Administrative Procedure 213.2: School Board Committee Appointment)

 

When appropriate, a Board member may serve on the board of another organization.


III. SCHOOL BOARD STANDING COMMITTEES

A. The School Board appoints the following School Board Standing Committees: 

1. Activities Advisory Council
2. Business and Finance Committee
3. District Health Insurance Committee
4. Governance Committee
5. Instruction and Curriculum Advisory Committee (ICAC)
6. Negotiations and Grievances Committee
7. Policy Review Committee 
 

B. The School Board will establish, by resolution, for each standing or ad hoc committee the number of members, the term, and the charge or mission of each such committee. (Refer to Administrative Procedures: 213.3 Business and Finance Committee; 213.4 District Health Insurance Committee; 213.5 Governance Committee; 213.6 Instruction and Curriculum Advisory Council; 213.7 Policy Review Committee; 213.8 Activities Advisory Council

 

C. The School Board Chair shall appoint up to two School Board members to each of the district’s School Board Standing Committees at the School Board Organizational meeting in January. (Refer to Administrative Procedure 213.2: School Board Committee Appointment) The Superintendent is directed to name an administrative liaison to chair each standing committee.

 

IV. School Liaisons

 

To become knowledgeable about instructional programs and activities within the district, each school board member will be assigned a specific school to encourage communication and increase understanding of the programs and activities in a single school.

 

In this role, board members will not resolve problems or issues of an operational nature related to the school, nor address personnel issues regarding staff-staff or staff-administrator relationships. The normal channels of communication will be used for these matters.

 

The School Board Chair will appoint School Board members as school liaisons after receiving input from board members at the July School Board meeting.

 

Board members will visit their assigned schools from time to time, review school and PTAC communications, and other means to remain knowledgable and aware of school programs and activities. (Refer to Administrative Procedure 213.12 Adopt-A-School; 213.2: School Board Committee Appointment)

 

Dorothy Dodds Elementary School

Ellen Hopkins Elementary School

Robert Asp Elementary School

S.G. Reinertsen Elementary School

Probstfield Elementary School

Horizon Middle School

Moorhead High School/MHS Career Academy

Moorhead Alternative Learning Center

Vista Center for Learning

 
Legal Reference:
Minn. Stat. Ch. 13D (Open Meeting Law)
 
Cross References:
Moorhead School Board Policy 101: Name and Legal Status of Moorhead Area Public Schools
MSBA/MASA Model Policy 213: School Board Committees
MSBA Service Manual, Chapter 13, School Law Bulletin "C" (Minnesota's Open Meeting Law) 
Moorhead Class or Activity Proposal Form
Type: Administrative Procedure
Section: 900 SCHOOL DISTRICT - COMMUNITY RELATIONS
Code: 901.2
Adopted Date: 9/9/1982
Revised Date(s): 11/02/2007, 01/23/2012
Reviewed Date(s): 12/01/1990, 11/02/2007, 01/23/2012, 02/08/2016
Attachments:

Adm Proc attached.

Moorhead Elementary Schools Parent Teacher Advisory Council (PTAC) Operating Procedures
Type: Administrative Procedure
Section: 500 STUDENTS
Code: 538.1
Adopted Date: 1/8/2018
Revised Date(s):
Reviewed Date(s):
Attachments:

I. NAME

The name of this organization shall be Parent Teacher Advisory Council, hereafter known as PTAC, with four branches as follows: Robert Asp Elementary, Ellen Hopkins Elementary, Probstfield Elementary, S.G. Reinertsen Elementary and Dorothy Dodds Elementary.

II. MISSION

The mission is to effectively serve students, parents, teachers and administrators to enhance the education process and provide a better learning environment.

III. PURPOSE

The purpose shall be to:

A. Enhance communication and collaboration between parents, teachers, principals, district administrators, and the school board.
 
B. Enhance school spirit.
 
C. Organize, assist and encourage participation in fundraising efforts for the benefit of the students at each elementary school and the betterment of their school experience.
 
D. Represent each elementary school on various school district committees.
 
E. Work for the students and school benefit by organizing various school functions.

IV. GENERAL MEMBERSHIP

All parents/guardians are members of the Parent Teacher Advisory Council.

V. MEETINGS

Meetings are held monthly during the school year or more often as needed. The place, time, dates of meeting are cooperatively established and announced in the school district calendar. Any parent, teacher or administrator is welcome to attend the PTAC meetings.

Organizational meetings will be held in September of each year. The organizational meeting will include the executive committee, past officers and committee chairpersons.

VI. OFFICERS

At the last scheduled meeting of each school year, the members present shall elect officers who will assume their duties on August 1 of that year.

A. Elected Officers: The officers elected shall consist of a president, president-elect, secretary and treasurer.
 
B. Term of Office: All officers shall fill a term of one year, not to exceed two consecutive terms. 
 
C. Duties of Officers:
 
1. The president shall:
 
a. Preside at all PTAC meetings.
 
b. Appoint the chairperson of each committee in the spring for the following year.
 
c. Work with each chairperson in establishing the number of volunteers necessary to complete the task charged.
 
d. Be a cosigner with the treasurer for the checking and savings accounts.
 
e. Work on the monthly agenda with the president-elect.
 
f. Perform such other duties as requested by the membership or the executive committee.
 
g. The president and president-elect mutually agree on the division of the standing committees they supervise.
 
h. Establish an annual budget for the year along with the treasurer and principal to be approved by the PTAC.
 
2. The president-elect shall:
 
a. Preside at all PTAC meetings in the absence of the president.
 
b. Assist the president in the execution of his or her duties.
 
c. Perform such other duties as requested by the membership or the executive committee.
 
d. Work on monthly agenda with president.
 
e. The president and president-elect mutually agree on the division of standing committees they supervise.
 
f. Review monthly bank statements and treasurer’s reports for accuracy and completeness.
 
3. The secretary shall:
 
a. Record the proceedings of all PTAC meetings.
 
b. Maintain PTAC records.
 
c. Be responsible for the correspondence of the PTAC.
 
d. Perform such other duties as requested by the membership or the executive committee.
 
4. The treasurer shall:
 
a. Be custodian of all PTAC funds, maintaining accurate records and keeping all receipts and bank statements throughout the entire term of office.
 
(1) Receipts: money count slips must be used at all PTAC-sponsored events.
 
(2) All other incoming/outgoing receipts must be itemized.
 
(3) Petty cash should be kept available in the amount decided by the PTAC. This money should be from PTAC funds.
 
(4) Collect and disperse funds as requested by the membership or the executive committee. Purchases will only be made by a vote of the executive committee or the PTAC.
 
(5) Shall distribute a monthly treasurer report at each monthly PTAC meeting.
 
(6) Be a cosigner with the president of the checking and savings accounts. It is mandatory that two people should be involved in the authorization and signing of any check.
 
(7) Perform such other duties as requested by the membership or the executive committee.
 
(8) Meet with appointed PTAC members to audit the books at the end of the term.
 
(9) Prepare an annual financial report at the end of the fiscal school year. One copy of the monthly and annual financial reports shall be placed in the treasurer’s notebook and one copy kept on file in the PTAC file cabinet.
 
(10) Establish an annual budget for the year along with the president and principal to be approved by the PTAC.
 
D. Vacancy in office: A vacancy of an elected position shall be filled by appointment of the executive committee.

VII. THE EXECUTIVE COMMITTEE

A. Members: The PTAC executive committee shall be comprised of the elected officers (president, president-elect, secretary, treasurer) and the principal.
 
B. The executive committee shall meet at the discretion of the president and/or principal.

C. Duties: Meetings: The executive committee shall transact all PTAC business between the regular meetings of the PTAC.

VIII. COMMITTEES

Each elementary school will establish their respective committees as needed. In addition, each elementary school will be responsible for assigning a representative(s) to serve on the following district committee.

A. Instruction and Curriculum Advisory Committee (ICAC).
 
1. Each committee chairperson shall:
 
(a) Be responsible for soliciting volunteers and shall report to the executive committee for assistance if he or she cannot staff the committee.
 
(b) Be responsible for updating the organization as to the progress of the committee’s work at each regular PTAC meeting or at a special meeting of the executive committee as called for by the president.
 
(c) Be responsible for filing committee papers, including a wrap-up summary in the permanent PTAC file cabinet, and a final year-end written report given to the president.

C. The committee members shall:

1. Work with the committee chairpersons to complete the task as charged.
 
2. Be responsible to the committee chairperson.
 
3. Comply with the PTAC budget for the respective committee.

IX. VOTING

A. All members shall be voting members except the president and the school principal.

B. In the case of a tie vote, the president shall cast the tie-breaking vote.

Moorhead High School/Minnesota League Eligibility Form
Type: Administrative Procedure
Section: 500 STUDENTS
Code: 541.1
Adopted Date: 7/25/1994
Revised Date(s): 05/23/2006
Reviewed Date(s): 12/14/1998, 05/23/2006, 06/12/2017
Attachments:
Attached.
Name and Legal Status of Moorhead Area Public Schools
Type: School Board Policy
Section: 100 SCHOOL DISTRICT
Code: 101
Adopted Date: 8/27/2001
Revised Date(s): 10/10/2005, 10/12/2009, 11/12/2013, 05/08/2017, 04/21/2020, 05/12/2020, 12/13/2022
Reviewed Date(s): 10/10/2005, 10/12/2009, 11/12/2013, 05/08/2017, 04/21/2020, 11/14/2022, 12/13/2022
Attachments:

I. PURPOSE

A primary principle of this nation is that public welfare demands an educated and informed citizenry. The power to provide public education is a state function vested in the state legislature and delegated to local school districts. The purpose of this policy is to clarify the legal status, boundaries, and name of Moorhead Area Public Schools.

II. GENERAL STATEMENTS ON LEGAL STATUS

A. The Moorhead Area Public Schools is a public corporation subject to the control of the legislature, limited only by constitutional restrictions. The school district was created for educational purposes.
 
B. The legislature has the authority to prescribe the school district's powers and privileges, its boundaries and territorial jurisdictions.
 
C. The school district has only the powers conferred on it by the legislature; however, the school district's authority to govern, manage, and control the school district, to carry out its duties and responsibilities, and to conduct the business of the school district includes implied powers in addition to any specific powers granted by the legislature.
 
III. RELATIONSHIP TO OTHER ENTITIES
 
A. The Moorhead Area Public Schools is a separate legal entity.
 
B. The school district is coordinate with and not subordinate to the county(ies) in which it is situated or provides services.
 
C. The school district is not subservient to municipalities within its territory.
 
IV. POWERS AND AUTHORITY OF THE SCHOOL DISTRICT
 
A. Funds
 
1. Moorhead Area Public Schools, through its School Board, has the authority to raise funds for the operation and maintenance of its schools and school property and the authority to manage and expend such funds as applicable to law.
 
2. The school district has wide discretion over the expenditure of funds under its control for public purposes, subject to the limitations provided by law.
 
3. School district officials occupy a fiduciary position in the management and expenditure of funds entrusted to them.

B. Raising Funds
 
1. Moorhead Area Public Schools shall, within the limitations specified by law, provide by levy of tax necessary funds for the conduct of schools, payment of indebtedness, and all proper expenses.
 
2. The school district may issue bonds in accordance with the provisions of Minnesota Statutes Chapter 475 or other applicable laws.
 
3. The school district has the authority to accept gifts and donations for school purposes, subject to applicable law.

C. Property
 
1. Moorhead Area Public Schools may acquire property for school purposes. It may sell, exchange, or otherwise dispose of property which is no longer needed for school purposes, subject to applicable law.
 
2. The school district shall manage its property in a manner consistent with supporting the educational functions of the district.
 
3. The school district may permit the use of its facilities for community purposes which are not inconsistent with, nor disruptive of, its educational mission.
 
4. School district officials hold school property as trustees for the use and benefit of students, taxpayers, and the community.

D. Contracts
 
1. Moorhead Area Public Schools is empowered to enter into contracts in the manner provided by law.
 
2. The school district has the authority to enter into installment purchases and leases with an option to purchase, pursuant to Minnesota Statutes section 465.71 or other applicable law.
 
3. The school district has the authority to make contracts with other governmental agencies and units for the purchase, lease, or other acquisition of equipment, supplies, materials, and other property, including real property.

4. Moorhead Area Public Schools has the authority to enter into employment contracts. As a public employer, the school district, through its designated representatives, shall meet and negotiate with public employees in an appropriate bargaining unit and enter into written collective bargaining agreements with such employees, subject to applicable law.

E. Textbooks, Educational Materials, and Studies
 
1. Moorhead Area Public Schools, through its School Board and administration, has the authority to determine what textbooks, educational materials, and studies should be pursued.
 
2. The school district shall establish and apply the school curriculum.

F. Actions and Suits
 
Moorhead Area Public Schools has the authority to sue and to be sued.

V. GENERAL STATEMENTS ON THE NAME OF THE SCHOOL DISTRICT

A. Pursuant to statute, the official name of the school district is Independent School District No. 152. However, the school district is often referred to by other informal names (Moorhead Public Schools, Moorhead Area Public Schools, Moorhead Independent School District 152, etc.). In order to avoid confusion and to encourage consistency in school district letterheads, signage, publications and other materials, the name Moorhead Area Public Schools will be used to refer to the school district.

B. In official communications and on school district ballots, the school district shall be referred to as Independent School District 152 Moorhead Area Public Schools, but inadvertent failure to use the correct name shall not invalidate any legal proceeding or matter or affect the validity of any document executed in the past, present or future.
 
Legal References:
Minn. Const. art. 13, 1
Minn. Stat. Ch. 123B (School Districts, Powers and Duties)
Minn. Stat. 465.035 (Public Corporation, Conveyance or Lease of Land)
Minn. Stats. 465.71; 471.345; 471.6161; 471.6175; 471.64 (Rights, Powers, Duties of Municipalities)
Minn. Stat. Ch. 179A (Public Employment Labor Relations)
Minnesota Association of Public Schools v. Hanson, 287 Minn. 415, 178 N.W.2d 846 (1970)
Independent School District No. 581 v. Mattheis, 275 Minn. 383, 147 N.W.2d 374 (1966)
Village of Blaine v. Independent School District No. 12, 272 Minn. 343, 138 N.W.2d 32 (1965)
Huffman v. School Board, 230 Minn. 289, 41 N.W.2d 455 (1950)
State v. Lakeside Land Co., 71 Minn. 283, 73 N.W.970 (1898)
 
Cross References:
Moorhead School Board Policy 201: School Board Legal Status
Moorhead School Board Policy 601: Curriculum and Instruction Goals for Moorhead Area Public Schools
Moorhead School Board Policy 620: Selection of Textbooks and Instructional Materials 
Moorhead School Board Policy 702: Equal Access to Moorhead Area Public Schools Facilities
MSBA/MASA Model Policy 704 (Development and Maintenance of an Inventory of Fixed Assets and a Fixed Asset Accounting System) 
Moorhead School Board Policy 834: Public Gifts to the School District
MSBA/MASA Model Policy 101: Legal Status of the School District
MSBA/MASA Model Policy 101.1: Name of the School District
MSBA Service Manual, Chapter 3, Employee Negotiations
MSBA Service Manual, Chapter 13, School Law Bulletin "F" (Contract and Bidding Procedures)
Naming of School Buildings and School Grounds
Type: School Board Policy
Section: 700 NON-INSTRUCTIONAL OPERATIONS AND BUSINESS SERVICES
Code: 710
Adopted Date: 4/11/2016
Revised Date(s): 06/13/2019, 05/10/2022
Reviewed Date(s): 04/12/2022, 05/10/2022
Attachments:

I. PURPOSE

The purpose of this policy is to establish guidelines for the naming of school buildings and school grounds.

II. GENERAL STATEMENT

The naming of school buildings, major portions of buildings, or school grounds is the responsibility of the Moorhead Area Public School Board. The School Board is responsible for naming facilities, which include buildings, rooms, internal spaces, landscape materials, and associated exterior furnishings, courts, athletic fields, open spaces, and all other areas owned, operated, or controlled by Moorhead Area Public Schools. When naming new buildings, major portions of buildings, or school grounds, the School Board shall formally identify the need for a naming process for the identified school locations, as well as the criteria it wishes to be considered in the process. Furthermore, the name of a facility may be removed upon a vote of the board for valid reasons. When naming a building or facility, the board may select the name or appoint a committee to make recommendations to the board.

In fulfilling this responsibility, the School Board recognizes that the naming of the school facility is of great importance and deserves thoughtful attention. In selecting a name, the board will consider the names of:
  • Individuals who have achieved significant places in school district life,
  • Entities which have contributed significantly to the district,
  • Individuals/entities that have made significant monetary contributions, and
  • National and state significance which are indicative of the areas in which they are located. 
III. AUTHORITY
 
Board authority, established in statute, permits the board to enter into a contract to lease the naming rights for school facilities, sell advertising on or in facilities, and otherwise enter into an agreement with a sponsoring agent. The School Board exercises approval authority for naming of all facilities owned, operated, or controlled by Moorhead Area Public Schools.
 
IV. NEW SCHOOLS AND SCHOOL GROUNDS 
 
The process for naming a new school will begin, if possible, as soon as construction has become a financial reality, the site has been selected, and the architect has been appointed. The names of sites which serve a district-wide function (e.g. administrative services, community education) and for facilities or portions of facilities which are jointly owned by the school district and other entities may be named to illustrate the nature of their role in the district.
 
Portions of school facilities, such as libraries, auditoriums/theaters, gymnasiums, gardens/walks, athletic fields/facilities, and concessions/locker rooms shall be named according to their educational purpose; however, names of individuals or entities may also be associated with these facility sub-units upon designation by the board.
 
The School Board, with assistance from the administration, will review recommendations from one of two sources: the Moorhead Schools Legacy Education Foundation with regards to honorary naming through financial contribution and/or the appointed School Naming Task Force with regards to honorary naming without financial contribution. 
 
The final selection will be made by a vote of the board. The board will review all potential naming rights, leasing agreements, contracts, and sponsorships to ensure alignment with the district’s mission and purpose, reserving the right to determine all naming rights and procedural practices aligned with their legal authority governed by law or statute.
 
V. HONORARY NAMING OF FACILITIES, PORTIONS OF FACILITIES, AND GROUNDS 

Facilities or portions thereof may be named in honor of an individual through two different procedures. 

  1. Honorary Naming through Financial Contribution is recognition for financial contributions, be it in the way of donation, bequest, sponsorship, or other commercial transactions.
  2. Honorary Naming without Financial Contribution is recognition of a significant contribution to the school district that the district wishes to honor. 
In granting naming rights, either “through financial contribution” or “without financial contribution,” due regard should be taken of the need to maintain an appropriate balance between commercial considerations and the role which names of buildings and spaces contribute to the school district’s sense of identity as well as their role in assisting staff, students and visitors to orient themselves within a campus. 
 
The granting of naming rights must always be consistent with the school district’s mission and vision. The long-term effects of the naming rights must be considered. Each granting of naming rights is bound by a written agreement.

Honorary Naming through Financial Contribution:

Monetary valuations may be assigned to proposed naming rights on a case-by-case basis to aid with making decisions about granting naming rights. 

The monetary valuation for the naming of a school, stadium, field, theatre, library, or gymnasium through financial contribution will be decided by the Superintendent after receiving a recommendation from the Moorhead Schools Legacy Education Foundation who may take advice from such persons or other professionals, as needed. Each case should take into account market comparisons for naming rights for which professional advice may be sought. 
 
Application of this policy might result in a facility named for a company or an individual. It is anticipated that this may be appropriate at times when facilities are being built, remodeled or additions added. It is conceivable as well that such honorary efforts might make the difference between a project being realized or not, or between its being adequate versus exemplary. 
 
Recommendations for Honorary Naming through Financial Contribution will be processed through the Moorhead Schools Legacy Education Foundation  and presented first to the Superintendent and then to the School Board for approval.
 
Specific Naming Agreement through Financial Contribution:
  1. The school district recognizes that circumstances exist when the district may enter into an agreement for the specific naming of a facility or space in exchange for a specific financial or other contribution to the district. All such agreements must be in writing.
  2. Transferability and Renewability
    1. If a name is granted by a written agreement, those rights may be transferred or renewed as permitted by the written agreement. Other naming rights are not transferable or renewable.
  3. Limit of Naming Rights
    1. On the Part of the District
      1. The district’s right to use the name and other brand elements of the named party is permitted by express agreement with the named party.
    2. On the Part of the Named Party
      1. The named party, after whom a facility or space is named, has no decision-making rights as to the purpose of the facility or space unless specifically provided in the written agreement between the parties. The district will not agree to any condition in an agreement that could unnecessarily limit progress toward the district’s mission and purpose, statutory obligation, or the local authority of the School Board. In turn, the named party has no liability in respect to that facility or space unless provided for in a specific contract between parties. Any such limits must be included in any naming rights agreement.
Honorary Naming without Financial Contribution:
  1. At times there may be appropriate opportunities to honor individuals who have distinguished themselves through their association with the school district either as alumni, employees, or community members.
  2. Such honorary naming may be applied to a new school, provided the name is recommended as part of the School Naming Task Force process.  
The process is as follows:
  • The School Naming Task Force committee composition will have representative staff members from each school, representatives from the secondary student body,  executive director of human resources and operations, assistant superintendent of learning and accountability, central office team members, and cabinet members as needed, and three parent representatives (one from each elementary, middle and high school).
  • The committee will develop a recommendation to the administration for further review and provide a basis for the recommendation to the School Board regarding the naming of the school sites.
  • The committee shall propose a list of not more than three (3) names to the School Board for consideration. 
The board will apply the following guidelines in considering any individual’s name proposed for a facility or portion thereof:
 
General Guidelines: 
 
Historically the School Board has named facilities after individuals who have had direct, substantial, and active association with the district and have exemplified the district mission. Selection may also be based on the individual’s record of scholarship, creativity, leadership, humanitarian service, or public service. Facilities may also be named to recognize organizations, individuals, geographical or historic features, and programs that have had a significant impact in the life of the district or as a result of leasing naming rights, contracts to sell advertising, or agreements with a sponsoring agent as permitted by statute. 
 
Recommendations must provide evidence of significant importance to the district and must outline the justifications for the name being suggested. In naming of sites or facilities, and/or grounds, special consideration may be given to those names that will have some special meaning to the students and citizens and will enhance the educational program of the school district, and be consistent with the school district’s mission and vision. Naming for such contributions is at the district’s discretion and in support of its mission. 
 
Appropriate categories for school names include:
  • Individuals: a famous, local, state, or national figure who exemplifies outstanding character or other admirable traits.
  • Places: locations, landmarks, or topographical features related to the school site.
  • Symbolism: a word or words that capture the essence of the place or function of the school.  
When naming a facility under the “Individual” category, the Superintendent and the board will evaluate the proposed name against the following additional criteria:
  • Nominee has had a significant, long-term relationship with Moorhead Area Public Schools.
  • Nominee, if a former Moorhead Area Public Schools employee, will have been retired or separated from district employment for a minimum of two years. Recognition of outstanding service to the school district while serving in an academic or administrative capacity to the Moorhead community.
  • Nominee has widespread support from colleagues, parents/guardians, and students.
  • Nominee has achieved local, regional and national recognition for achievements beyond the generation of the contribution.
  • Nominee has held local, regional and national leadership roles in the field of expertise and is no longer active in his/her career.  
Naming Authority: 
The board has the final authority on the selection of a school name, major portions of school buildings, or school grounds, and on rescinding or changing a facility name. The board has the discretion to name existing facilities to recognize individuals who meet nomination criteria, with or without financial requirements as stated above. This policy notwithstanding, it is the intent of the school board that naming portions of the building or school grounds occur infrequently and on a limited basis.
 
Periodic Review:
 
Periodically, site or facility names shall be reviewed as to their continued appropriateness. If a particular name is no longer appropriate, the School Board reserves the right to remove it.
Notice of Suspension Form
Type: Administrative Procedure
Section: 500 STUDENTS
Code: 506.3
Adopted Date: 6/11/2007
Revised Date(s): 06/14/2010, 06/14/2011
Reviewed Date(s): 06/14/2010, 06/14/2011, 06/13/2016, 06/12/2017, 06/25/2018
Attachments:
 
Administrative Procedure 506.3 is attached.
 
Notification of Network Use
Type: Administrative Procedure
Section: 500 STUDENTS
Code: 524.2
Adopted Date: 2/8/1999
Revised Date(s): 07/12/2006, 05/14/2012, 04/10/2017, 07/13/2021
Reviewed Date(s): 07/12/2006, 05/14/2012, 02/23/2015, 12/14/2015, 04/10/2017, 12/11/2017
Attachments:
The Moorhead Area Public Schools provides users access to our electronic information network. Students and employees will be given a unique login and password which will provide them with a variety of resources including access to the Internet and an online directory to store documents. In addition, software applications and online subscriptions are available to students and employees to support instructional activities.
 
The district's electronic resources network has a limited educational purpose, which includes use of the system for classroom activities and educational research. Uses which might be acceptable on a user's private account outside of the school district may not be acceptable on this limited purpose network. With this focus in mind, the district complies with all regulations in the Children's Internet Protection Act (CIPA).
 
Training and Responsible Use
 
Students and employees will receive ongoing, age-appropriate training on the appropriate use of electronic network resources. Training will include responsible use of resources including Internet protocol, printing supplies and online network storage.
 
User Account Information
 
Each student and employee will be assigned electronic storage of his/her electronic documents. Students and employees are responsible for the contents of their electronic directory. The school district retains the right at any time to review the contents of any student or employee directory. Parents also have the right to review the contents of their student's online network storage drive.
 
Internet Access
 
The Internet is a worldwide electronic network providing access to millions of resources.  Many reference materials are available online. The Moorhead Area Public Schools media center catalogs are accessible on the district's website (www.moorheadschools.org).
 
Parent/Guardian Responsibilities
 
Outside of school, parents and guardians assume the obligation to monitor their student's use of the school district electronic resources and of the Internet.
 
As the world continues to demand immediate and accurate information, the school district curriculum continues to become more dependent on electronic resources. Parents/guardians may request alternative educational activities that do not require Internet access.
 
E-mail Access
 
Students will have access to a district assigned email account. 
 
Acceptable Use Policy
 
Moorhead Area Public Schools has adopted the Responsible Use of Moorhead Area Public Schools Electronic Resources Network, Administrative Procedure 731.1. This administrative procedure is available on the district's website (www.moorheadschools.org) or you may request copies from the school office.
 
Violation of Policies or Procedures
 
The use of this resource is a privilege and not a right.  The district may suspend or revoke a student's access to the electronic resources network if district policies or procedures have been violated. Consequences for violations will be determined by the building administrator in collaboration with teachers and administrators in accordance with building behavior policies. Administrative Procedure 731.3 will be completed and provided to the parent/guardian if the violation warrants.
 
Moorhead Area Public Schools provides students with access to electronic resources worldwide. Part of the district's responsibility in preparing students for the future is to provide them the tools they will be using as adults.  We believe the responsible use of these resources is important.   
 
Notification to Staff Regarding Placement of Students with Violent Behaviors
Type: School Board Policy
Section: 500 STUDENTS
Code: 529
Adopted Date: 8/26/2002
Revised Date(s): 01/08/2007, 05/09/2011, 06/08/2015, 09/20/2016, 03/19/2020, 04/11/2023
Reviewed Date(s): 01/08/2007, 05/09/2011, 06/08/2015, 09/20/2016, 03/19/2020, 03/17/2023, 04/11/2023
Attachments:

I. PURPOSE

The purpose of this policy is to communicate a process for notifying staff and making determinations regarding a student with a history of violent behavior. 

II. GENERAL STATEMENT

In an effort to provide a safe school environment, the assigned classroom teacher and certain staff members should know whether a student to be placed in the classroom has a history of violent behavior. Additionally, decisions should be made regarding how to manage such a student.
 
A. Any staff member or other employee of Moorhead Area Public Schools who obtains or possesses information concerning a student in the building with a history of violent behavior shall immediately report said information to the building administrator.

B. The building administrator will meet with the assigned classroom teacher and other appropriate staff members for the purpose of notifying and determining how staff will manage such student.

a) A meeting to discuss the Individualized Education Program (IEP) of a student may be used for this purpose. Administrative Procedure 529.1: Staff Notification of Violent Behavior by Students must be completed.

C. Only staff members whose work assignment reasonably requires access to the information will receive notification.

III. DEFINITIONS

For purposes of this policy, the following terms have the meaning given them.

A. Administration

"Administration" means the Superintendent, building administrator, or other designee.

B. Classroom Teacher

"Classroom Teacher" means the instructional personnel responsible for the course or room to which a student is assigned at any given time, including a substitute hired in place of the classroom teacher.

C. History of Violent Behavior

1. A student will be considered to have a history of violent behavior if incident(s) of violence, including any documented physical assault of a school district employee by the student, have occurred during the current or previous school year.

2. If a student has an incident of violence during the current or previous school year, that incident and all other past related or similar incidents of violence will be reported.

D. Incident(s) of Violence

"Incident(s) of violence" means willful conduct in which a student endangers or causes physical injury to the student, other students, a school district employee, or surrounding person(s) or endangers or causes significant damage to school district property, regardless of whether related to a disability or whether discipline was imposed.

E. Legitimate Educational Interest

"Legitimate educational interest" includes interest directly related to classroom instruction, teaching, student achievement and progress, discipline of a student, student health and welfare, and the ability to respond to a request for educational data.  It includes a person's need to know in order to:

1. perform an administrative task required in the school or the employee's contract or position description approved by the Moorhead School Board;

2. perform a supervisory or instructional task directly related to the student's education;

3. perform a service or benefit for the student or the student's family such as health care, counseling, student job placement, or student financial aid; and

4. perform a task directly related to responding to a request for data.

F. School Staff Member

"School Staff Member" includes:

1. a person duly elected to the School Board;

2. a person employed by the School Board in an administrative, supervisory, instructional, or other professional position;

3. a person employed by the School Board as a temporary substitute in a professional position for the period of his or her performance as a substitute; and

4. a person employed by, or under contract to, the School Board to perform a special task such as a secretary, a clerk, a public information officer or data practices compliance official, an attorney, or an auditor for the period of his or her performance as an employee or contractor.

IV. PROCEDURE FOR STAFF NOTIFICATION OF STUDENTS WITH VIOLENT BEHAVIOR

A. Reports of Violent Behavior

Any staff member or other employee of Moorhead Area Public Schools who becomes aware of any information regarding the violent behavior of an enrolling student or any student in the building shall immediately report the information to the building administrator where the student is enrolled or seeks to enroll. 

B. Recipients of Notice 

Each classroom teacher of a student with a history of violent behavior (see Section III.C., above), will receive written notification from the administration prior to placement of the student in the teacher's classroom.  In addition, written notice will be given by the administration to other school staff members who have a legitimate educational interest, as defined in this policy, when a student with a history of violent behavior is placed in a teacher's classroom. The administration will provide notice to anyone substituting for the classroom teacher or school staff member, who has received notice under this policy, that the substitute will be overseeing a student with a history of violent behavior.

The administration may provide other school district employees or individuals outside of the school district with information regarding a student, including information regarding a student's history of violent behavior, in accordance with Moorhead School Board Policy 515: Protection and Privacy of Student Records.

C. Determination of Who Receives Notice

The determination of which classroom teachers and school staff members have a legitimate educational interest in information regarding a student with a history of violent behavior will be made by either:  (1) the school district's responsible authority appointed by the School Board under the Minnesota Government Data Practices Act or (2) the administration.  In the event the administration makes this detailed determination, the responsible authority will provide guidance to the administration as to what data will be shared.

D. Form of Written Notice (Administrative Procedure 529.1)

The notice given to classroom teachers and school staff members will be in writing and will include the following:

1. name of the student;

2. date of notice;

3. notification that the student has been identified as a student with a history of violent behavior as defined in Section III. of this policy; and

4. reminder of the private nature of the data provided.

E. Record of Notice

1. The administration will retain a copy of the notice or other documentation provided to classroom teachers and school staff members notified under this section.

2. Retention of the written notice or other documentation provided to classroom teachers and school staff members is governed by the approved Records Retention Schedule.

F. Meetings Regarding Students with a History of Violent Behavior

1. If the administration determines, in his or her discretion, that the classroom teacher and/or school staff members with a legitimate educational interest in such data reasonably require access to the details regarding a student's history of violent behavior for purposes of school safety and/or intervention services for the student, the administration also may convene a meeting to share and discuss such data.

2. The persons present at the meeting may have access to the data described in Section IV.D. of this policy.

G. Law Enforcement Reports

Staff members will be provided with notice of disposition orders or law enforcement reports received by the school district in accordance with Moorhead School Board Policy 515: Protection and Privacy of Student Records.  Where appropriate, information obtained from disposition orders or law enforcement reports also may be included in a Notification of Violent Behavior.

V. MAINTENANCE AND TRANSFER OF RECORDS

A report, notice, or documentation pertaining to a student with a history of violent behavior are educational records of a student and will be retained, maintained, and transferred to a school or school district in which a student seeks to enroll in accordance with Moorhead School Board Policy 515: Protection and Privacy of Student Records.

VI.  PARENTAL NOTICE

A. The administration will notify parents that the school district gives classroom teachers and other school staff members notice about students' history of violent behavior.

B. Prior to providing the written notice of a student's violent behavior to classroom teachers and/or school staff members, the administration will inform the student's parent or guardian that such notice will be provided.

C. Parents will be given notice that they have the right to review and challenge records or data, (including the data documenting the history of violent behavior), in accordance with Moorhead School Board Policy 515: Protection and Privacy of Student Records.

VII. TRAINING NEEDS

Representatives of the school district and representatives of the teachers will discuss the needs of students and staff.  The parties may discuss necessary training which may include training on conflict resolution and positive behavior interventions and may discuss necessary intervention services such as student behavioral assessments.

 
Legal References:
Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)
Minn. Stat. 120A.22, Subd. 7 (Compulsory Instruction)
Minn. Stat. 121A.45 (Grounds for Dismissal)
Minn. Stat. 121A.64 (Notification; Teachers' Legitimate Educational Interest)
Minn. Stat. 121A.75 (Receipt of Records; Sharing)
Minn. Rules Parts 1205.0100-1205.2000 (Data Practices)
20 U.S.C. 1232g (Family Educational Rights and Privacy Act)
34 C.F.R. 99.1-99.67 (Rules Implementing FERPA) 
Minn. Laws 2003, 1st Sp., Ch. 9, Art. 2, 53
 
Cross References: 
Moorhead School Board Policy 515: Protection and Privacy of Student Records
MSBA/MASE Model Policy 525 (Staff Notification of Violent Behavior by Students 
Off-Premise Use of District Equipment Form
Type: Administrative Procedure
Section: 700 NON-INSTRUCTIONAL OPERATIONS AND BUSINESS SERVICES
Code: 732.1
Adopted Date: 3/23/1993
Revised Date(s): 03/23/1993, 06/28/2011, 01/23/2012
Reviewed Date(s): 06/28/2011, 01/23/2012, 04/11/2016
Attachments:

Attached.

Online Instruction
Type: School Board Policy
Section: 600 EDUCATION PROGRAMS
Code: 624
Adopted Date: 6/9/2008
Revised Date(s): 05/14/2012, 04/10/2017, 12/11/2017, 07/13/2021, 08/29/2023
Reviewed Date(s): 05/14/2012, 04/10/2017, 12/11/2017, 08/29/2023
Attachments:

I.  PURPOSE

The purpose of this policy is to recognize and govern online learning options of students enrolled in the school district for purposes of compulsory attendance and address enrollment of students with an online learning provider for supplemental or full-time online learning.

II.  GENERAL STATEMENT

A. The school district shall not prohibit an enrolled student from applying to enroll in online instruction.

B. The school district shall grant academic credit for completing the requirements of an online instruction course or program.

III.  DEFINITIONS
 
A. “Blended instruction” is a form of digital learning that occurs when a student learns part time in a supervised physical setting and part-time through online instruction under paragraph E.

B. “Digital instruction” is learning facilitated by technology that offers students an element of control over the time, place, path, or pace of their learning and includes blended and online instruction.

C. "Enrolling district" means the school district or charter school in which a student is enrolled under Minnesota Statutes section 120A.22, subdivision 4.

D. "Online course syllabus" is a written document that identifies the state academic standards taught and assessed in a supplemental online course under paragraph (I); course content outline; required course assessments; instructional methods; communication procedures with students, guardians, and the enrolling district under paragraph (C); and supports available to the student.

E. "Online instruction" means a form of digital instruction that occurs when a student learns primarily through digital technology away from a supervised physical setting.

F. "Online instructional site" means a site that offers courses using online instruction under paragraph (E) and may enroll students receiving online instruction under paragraph (E).
 
G. "Online teacher" means an employee of the enrolling district under paragraph (C) or the supplemental online course provider under paragraph (J) who holds the appropriate licensure under Minnesota Rules, chapter 8710, and is trained to provide online instruction under paragraph (E).
 
H. "Student" is a Minnesota resident enrolled in a school defined under Minnesota Statutes, section 120A.22, subdivision 4, in kindergarten through grade 12 up to the age of 21.

I. "Supplemental online course" means an online learning course taken in place of a course provided by the student's enrolling district under paragraph (C).

J. "Supplemental online course provider" means a school district, an intermediate school district, an organization of two or more school districts operating under a joint powers agreement, or a charter school located in Minnesota that is authorized by the Minnesota Department of Education (MDE) to provide supplemental online courses under paragraph (I).

IV. DIGITAL INSTRUCTION 

A. An enrolling district may provide digital instruction, including blended instruction and online instruction, to the district's own enrolled students. Enrolling districts may establish agreements to provide digital instruction, including blended instruction and online instruction, to students enrolled in the cooperating schools.

B. When online instruction is provided, an online teacher shall perform all duties of teacher of record under Minnesota Rules, part 8710.0310. Unless the Commissioner of MDE grants a waiver, a teacher providing online instruction shall not instruct more than 40 students in any one online learning course or section.

C. Students receiving online instruction full-time shall be reported as enrolled in an online instructional site.

D. Curriculum used for digital instruction shall be aligned with Minnesota's current academic standards and benchmarks.

E. Digital instruction shall be accessible to students under section 504 of the federal Rehabilitation Act and Title II of the federal Americans with Disabilities Act.

F. An enrolling district providing digital instruction and a supplemental online course provider shall assist an enrolled student whose family qualifies for the education tax credit under Minnesota Statutes, section 290.0674 to acquire computer hardware and educational software so they may participate in digital instruction. Funds provided to a family to support digital instruction or supplemental online courses may only be used for qualifying expenses as determined by the provider. Nonconsumable materials purchased with public education funds remain the property of the provider. Records for any funds provided must be available for review by the public or MDE.

G. An enrolling district providing digital instruction shall establish and document procedures for determining attendance for membership and keep accurate records of daily attendance under Minnesota Statutes, section 120A.21.

V. SUPPLEMENTAL ONLINE COURSES

A. Notwithstanding Minnesota Statutes, sections 124D.03 and 124D.08 and Minnesota Statutes, chapter 124E, procedures for applying to take supplemental online courses other than those offered by the student's enrolling district are as provided in this subdivision.

B. Any kindergarten through grade 12 student may apply to take a supplemental online course. The student, or the student's parent or guardian for a student under age 17, must submit an application for the proposed supplemental online course or courses. A student may:

1. apply to take an online course from a supplemental online course provider that meets or exceeds the academic standards of the course in the enrolling district they are replacing;

2. apply to take supplemental online courses for up to 50 percent of the student's scheduled course load; and

3. apply to take supplemental online courses no later than 15 school days after the student's enrolling district's term has begun. An enrolling district may waive the 50 percent course enrollment limit or the 15-day time limit.

C. A student taking a supplemental online course must have the same access to the computer hardware and education software available in a school as all other students in the enrolling district.

D. A supplemental online course provider must have a current, approved application to be listed by MDE as an approved provider. The supplemental online course provider must:

1. Use an application form specified by MDE;

2. Notify the student, the student's guardian if they are age 17 or younger, and enrolling district of the accepted application to take a supplemental online course within ten days of receiving a completed application;

3. Notify the enrolling district of the course title, credits to be awarded, and the start date of the online course. A supplemental online course provider must make the online course syllabus available to the enrolling district;

4. Request applicable academic support information for the student, including a copy of the IEP, EL support plan, or 504 plan; and

5. Track student attendance and monitor academic progress and communicate with the student, the student's guardian if they are age 17 or younger, and the enrolling district's designated online learning liaison.

E. A supplemental online course provider may limit enrollment if the provider's school board or board of directors adopts by resolution specific standards for accepting and rejecting students' applications. The provisions may not discriminate against any protected class or students with disabilities.

F. A supplemental online course provider may request that MDE review an enrolling district's written decision to not accept a student's supplemental online course application. The student may participate in the supplemental online course while the application is under review. Decisions shall be final and binding for both the enrolling district and the supplemental online course provider.

G. A supplemental online course provider must participate in continuous improvement cycles with MDE.

VI. ENROLLING DISTRICT

A. An enrolling district may not restrict or prevent a student from applying to take supplemental online courses.

B. An enrolling district may request an online course syllabus to review whether the academic standards in the online course meet or exceed the academic standards in the course it would replace at the enrolling district.

C. Within 15 days after receiving notice of a student applying to take a supplemental online course, the enrolling district must notify the supplemental online course provider whether the student, the student's guardian, and the enrolling district agree that academic standards in the online course meet or exceed the academic standards in the course it would replace at the enrolling district. If the enrolling district does not agree that the academic standards in the online course meet or exceed the academic standards in the course it would replace at the enrolling district, then:

1. The enrolling district must provide a written explanation of the district's decision to the student, the student's guardian, and the supplemental online course provider; and

2. The online provider must provide a response to the enrolling district explaining how the course or program meets the graduation requirements of the enrolling district.

D. An enrolling district may reduce the course schedule of a student taking supplemental online courses in proportion to the number of supplemental online learning courses the student takes.

E. An enrolling district must appoint an online learning liaison who:

1. Provides information to students and families about supplemental online courses;

2. Provides academic support information including IEPs, EL support plans, and 504 plans to supplemental online providers; and

3. Monitors attendance and academic progress, and communicates with supplemental online learning providers, students, families, and enrolling district staff.

F. An enrolling district must continue to provide support services to students taking supplemental online courses as they would for any other enrolled student including support for English learners, case management of an individualized education program, and meal and nutrition services for eligible students.

G. An online learning student must receive academic credit for completing the requirements of a supplemental online learning course. If a student completes an online learning course that meets or exceeds a graduation standard or the grade progression requirement at the enrolling district, that standard or requirement is met.

H. Secondary credits granted to a supplemental online learning student count toward the graduation and credit requirements of the enrolling district. The enrolling district must apply the same graduation requirements to all students, including students taking supplemental online courses.

I. An enrolling district must provide access to extracurricular activities for students taking supplemental online courses on the same basis as any other enrolled student.

VII. REPORTING 

Courses that include blended instruction and online instruction must be reported in the manner determined by the Commissioner of MDE.

 

Legal References:
Minn. Stat. § 120A.21 (Enrollment of a Student in Foster Care)
Minn. Stat. 120A.22 (Compulsory Instruction)
Minn. Stat. 120A.24 (Reporting)
Minn. Stat. 124D.03 (Enrollment Options Act)
Minn. Stat. § 124D.08 (School Board’s Approval to Enroll in Nonresident District; Exceptions)
Minn. Stat. § 124D.094 (Online Instruction Act)
Minn. Stat. Ch. 124E (Charter Schools)

Minn. Rules Ch. 8710 (Teacher and Other School Professional Licensing)

 

Cross References:
MSBA/MASA Model Policy 624 (Online Instruction)
MSBA/MASA Model Policy 613 (Graduation Requirements)
MSBA/MASA Model Policy 620 (Credit for Learning)
Moorhead School Board Policy 509:  Enrollment of Nonresident Students
Moorhead School Board Policy 506: Student Discipline
Moorhead School Board Policy 608:  Special Education Programs
Moorhead School Board Policy 613:  Moorhead Area Public Schools Graduation Policy
Moorhead School Board Policy 620:  Credit for Learning of Minnesota Graduation Standards
Moorhead School Board Policy 524:  Moorhead Area Public Schools Electronic Network Responsible Use and Safety
Online Learning Supplemental Notice of Student Registration
Type: Administrative Procedure
Section: 600 EDUCATION PROGRAMS
Code: 624.1
Adopted Date: 4/4/2017
Revised Date(s):
Reviewed Date(s): 12/11/2017
Attachments:

Administrative Procedure 624.1

Open and Closed School Board Meetings
Type: School Board Policy
Section: 200 SCHOOL BOARD
Code: 205
Adopted Date: 8/27/2001
Revised Date(s): 10/10/2005, 10/12/2009, 11/12/2013, 05/08/2017, 09/17/2019, 09/19/2019, 10/11/2022
Reviewed Date(s): 10/10/2005, 10/12/2009, 11/12/2013, 05/08/2017, 09/19/2022, 10/11/2022
Attachments:

I. PURPOSE

The purpose of this policy is to provide guidelines to assure the rights of the public to be present at Moorhead School Board meetings while also protecting an individual's right to privacy under law and to close meetings when the public interest so requires as recognized by law.

II. GENERAL STATEMENT

A. The School Board embraces accountability and transparency in the conduct of its business, in the belief that openness produces better programs, more efficient administration of programs, and an organization more responsive to public interest and less susceptible to private interest. The School Board shall conduct its business  under a presumption of openness. At the same time, the School Board recognizes and respects the privacy rights of individuals as provided by law. The School Board also recognizes that there are certain exceptions to the Minnesota Open Meeting Law as recognized in statute where it has been determined that, in limited circumstances, the public interest is best served by closing a meeting of the School Board. 
 
B. Except as otherwise expressly provided by statute, all meetings of the School Board, including executive sessions and work sessions, shall be open to the public.
 
C. Meetings will be closed only when expressly authorized by law.
 
III. DEFINITION

"Meeting" means a gathering of at least a quorum of the School Board, or quorum of a committee or subcommittee of school board members, at which members discuss, decide, or receive information as a group on issues relating to the official business of the School Board. The term does not include a chance or social gathering or the use of social media by members of a public body so long as the social media use is limited to exchanges with all members of the general public. For purposes of the Open Meeting Law, social media does not include e-mail.

IV. OPEN MEETINGS AND NOTIFICATION

A. Meetings
 
1. Regular Meetings 
 
At the first regular meeting in July, the School Board will adopt a schedule of regular meetings of the School Board for the following fiscal year. A schedule will be kept on file in the Superintendent's office. If the School Board decides to hold a regular meeting at a place and time different from the one stated in the regular meeting schedule, it shall give the same notice as for a special meeting. School Board agendas are posted on the district website at www.moorheadschools.org prior to meetings. 
 
2. Special Meetings 
 
For a Special Meeting, the School Board shall post a written notice of the time, date, place and purpose of meeting will be posted at least three (3) days prior to the date of the meeting at the school district administration office. The School Board's actions at the special meeting are limited to those topics included in the notice.
 
3. Emergency Meetings
 
An emergency meeting is a special meeting called because of circumstances that, in the judgment of the School Board, require immediate consideration. Notice of the emergency meeting shall be given by telephone, e-mail, or any other method used to notify the members of the School Board. Posted or published notice of an emergency meeting shall not be required, however, the Board Secretary will make good faith efforts to provide notice of the emergency meeting to each news medium as soon as reasonably practicable after notice has been given to the School Board members. The information will include the subject of the meeting. If matters not directly related to the emergency are discussed or acted upon, the minutes of the meeting shall include a specific description of those matters.
 
The notice requirements for an emergency meeting as set forth in this policy shall supersede any other statutory notice requirement for a special meeting that is an emergency meeting.
 
4. Recessed or Continued Meetings
 
If a meeting is recessed or is a continued session of a previous meeting, and the time and place of the meeting was established during the previous meeting and recorded in the minutes of that meeting, then no further notice is necessary.
 
5. Closed Meetings
 
The notice requirements of the Minnesota Open Meeting Law apply to closed meetings.
 
6. Actual Notice
 
If a person receives actual notice of a meeting of the School Board at least 24 hours before the meeting, all notice requirements are satisfied with respect to that person regardless of the method of receipt of notice.
 
7. Meetings during Pandemic or Chapter 12 Emergency
 
In the event of a health pandemic or an emergency declared under Minn. Stat. Ch. 12, a meeting may be conducted by telephone or interactive technology in compliance with Minn. Stat. 13D.021.
 
8. Meetings by Interactive Technology
 
A meeting may be conducted by interactive technology, Google, Zoom, Skype, or other similar electronic means in compliance with Minnesota Statutes section 13D.02.
 
B. Votes
 
The votes of School Board members shall be recorded in the School Board minutes and available to the public during normal business hours at the Superintendent's office.
 
C. Written Materials
 
1. In any open meeting, a copy of the agenda and any printed materials, relating to the agenda items of the meeting prepared or distributed by or at the direction of the School Board or its employees and distributed to or available to all School Board members shall be available at the meeting for inspection by the public while the School Board considers the subject matter.
 
2. This does not apply to materials not classified by law as public, or materials relating to agenda items of a closed meeting.
 
D. Open Meetings and Data
 
1. Meetings may not be closed to discuss data that are not public data, except as provided under Minnesota law.
 
2. Data that are not public data may be discussed at an open meeting if the disclosure relates to a matter within the scope of the School Board's authority and is reasonably necessary to conduct the business or agenda item before the School Board.
 
3. Data discussed at an open meeting retain the data's original classification; however, a record of the meeting regardless of form shall be public.
 
V. CLOSED MEETING PROCEDURES
 
A. Labor Negotiations Strategy
 
1. The School Board may, by a majority vote in a public meeting, decide to hold a closed meeting to consider labor negotiations strategies or developments, or discuss and review labor negotiation proposals, conducted pursuant to Minnesota's Public Employment Labor Relations Act (PERLA).
 
2. The time and place of the closed meeting will be announced at the public meeting. A written roll of School Board members and other's present at the closed meeting shall be available to the public after the closed meeting. The proceedings of a closed meeting to discuss negotiation strategies shall be electronically recorded, and the recording preserved for two years after the contract discussed at the meeting is signed. The recording shall be available to the public only after all labor contracts are signed by the School Board for the current budget period. 
 
B. Sessions Closed by Bureau of Mediation Services
 
All negotiations, mediation meetings, and hearings between the School Board and its employees or their respective representatives are public meetings. Mediation meetings may be closed only by the Commissioner of the Bureau of Mediation Services (BMS). The use of recording devices, stenographic records, or other recording methods is prohibited in mediation meetings closed by the BMS.
 
C. Preliminary Consideration of Allegations or Charges
 
The School Board shall close one or more meetings for preliminary consideration of allegations or charges against an individual subject to its authority. If the School Board members conclude that discipline of any nature may be warranted as a result of those specific charges or allegations, further meetings or hearings relating to those specific charges or allegations held after that conclusion is reached must be open. A meeting must also be open at the request of the individual who is the subject of the meeting. A closed meeting for this purpose must be electronically recorded at the expense of the school district, and the recording must be preserved for at least three years after the date of the meeting. The recording is not available to the public.
 
D. Performance Evaluations
 
The School Board may close a meeting to evaluate the performance of an individual who is subject to its authority. The School Board shall identify the individual to be evaluated prior to closing a meeting and at its next open meeting shall summarize its conclusions regarding the evaluation. A meeting must be open at the request of the individual who is the subject of the meeting. A closed meeting for this purpose must be electronically recorded at the expense of the school district, and the recording must be preserved for at least three years after the date of the meeting. The recording is not available to the public.
 
E. Attorney-Client Privilege Meeting
 
A meeting may be closed if permitted by the attorney-client privilege. The attorney-client privilege applies when litigation is imminent or threatened, or when the School Board needs advice about the level of general legal advice, for example regarding specific acts and their legal consequences. A meeting may be closed to seek legal advice concerning litigation strategy, but the mere threat that litigation might be a consequence of deciding a matter one way or another does not, by itself, justify closing the meeting. The motion to close the meeting must specifically describe the matter to be discussed at the closed meeting, subject to relevant policy and confidentiality considerations under state and federal law. The law does not require that such a meeting be recorded.
 
F. Dismissal Hearing
 
1. A hearing on the dismissal of a licensed teacher shall be public or private at the teacher's discretion. A hearing regarding placement of teachers on unrequested leave of absence shall be public.
 
2. A hearing on dismissal of a student pursuant to the Pupil Fair Dismissal Act shall be closed unless the student, parent/guardian requests an open hearing.
 
3. To the extent a teacher or student dismissal hearing is held before the School Board and is closed, the closed meeting must be electronically recorded at the expense of the school district, and the recording must be preserved for at least three years after the date of the meeting. The recording is not available to the public.
 
G. Coaches; Opportunity to Respond
 
1. If the School Board has declined to renew the coaching contract of a licensed or nonlicensed head varsity coach, it must notify the coach within fourteen (14) days of that decision.
 
2. If the coach requests the reasons for the nonrenewal, the School Board must give the coach its reasons in writing within ten (10) days of receiving the request. The existence of parent complaints must not be the sole reason for the School Board not to renew a coaching contract.
 
3. On the request of the coach, the School Board must provide the coach with a reasonable opportunity to respond to the reasons at a School Board meeting.
 
4. The meeting may be open or closed at the election of the coach unless the meeting is closed as required by Minnesota Statutes 13D.05 to discuss educational or certain other nonpublic data.
 
5. A meeting closed for this purpose must be electronically recorded at the expense of the school district, and the recording must be preserved for at least three years after the date of the meeting. The recording is not available to the public. 
 
H. Meetings to Discuss Certain Not Public Data
 
Any portion of a meeting must be closed if the following types of data are discussed:
 
1. data that would identify alleged victims or reporters of criminal sexual conduct, domestic abuse, or maltreatment of minors or vulnerable adults; 
 
2. active investigative data collected or created by a law enforcement agency;
 
3. educational data, health data, medical data, welfare data, or mental health data that are not public data; or
 
4. an individual's personal medical records.
 
5. A closed meeting must be electronically recorded at the expense of the school district, and the recording must be preserved for at least three years after the date of the meeting. The recording is not available to the public.
 
I. Purchase and Sale of Property 
 
1. The School Board may close a meeting:
 
a. to determine the asking price for real or personal property to be sold by the school district.
 
b. to review confidential or nonpublic appraisal data; and
 
c. to develop or consider offers or counteroffers for the purchase or sale of real or personal property.
 
2. Before closing the meeting, the School Board must identify on the record the particular real or personal property that is the subject of the closed meeting.
 
3. The closed meeting must be electronically recorded at the expense of the school district. The recording must be preserved for eight years after the date of the meeting and be made available to the public after all real or personal property discussed at the meeting has been purchased or sold or the School Board has abandoned the purchase or sale. The real or personal property that is the subject of the closed meeting must be specifically identified on the recording. A list of School Board members and all other persons present at the closed meeting must be made available to the public after the closed meeting.
 
4. An agreement reached that is based on an offer considered at a closed meeting is contingent on its approval by the School Board at an open meeting. The actual purchase or sale must be approved at an open meeting and the purchase price or sale price is public data.
 
J. Security Matters

1. The School Board may close a meeting to receive security briefings and reports, to discuss issues related to security systems, to discuss emergency response procedures, and to discuss security deficiencies in or recommendations regarding public services, infrastructure, and facilities, if disclosure of the information discussed would pose a danger to public safety or compromise security procedures or responses.
 
2. Financial issues related to security matters must be discussed and all related financial decisions must be made at an open meeting.
 
3. Before closing a meeting, the School Board must refer to the facilities, systems, procedures, services, or infrastructures to be considered during the closed meeting. 
 
4. The closed meeting must be electronically recorded at the expense of the school district and the recording must be preserved for at least four years. 
 
K. Other Meetings
 
Other meetings shall be closed as provided by law, except as provided above. A closed meeting must be electronically recorded at the expense of the school district, and the recording must be preserved for at least three years after the date of the meeting. The recording is not available to the public.
 
L. Procedures for Closing a Meeting 
 
The School Board shall provide notice of a closed meeting just as for an open meeting. A School Board meeting may be closed only after a majority vote at a public meeting. Before closing a meeting, the School Board shall state for the record the specific authority permitting the meeting to be closed and describe the subject to be discussed.
 
 
 
Legal References:
Minn. Stat. Ch. 12 (Emergency Management)
Minn. Stat. 121A.40-121A.575 (Pupil Fair Dismissal Act)
Minn. Stat. 122A.40 Subd. 14 (Employment; Contracts; Termination)

Minn. Stat. 121A.47 Subd. 5 (Student Dismissal Hearing)
Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)
Minn. Stat. 179A.14, Subd. 3 (Negotiation Procedures)
Minn. Stat. Ch. 13D (Open Meeting Law)
Minn. Stat. 122A.33, Subd. 3 (License and Degree Exemption for Head Coach; Opportunity to Respond)
Minn. Rules Part 5510.2810 (Petition for Mediation) 
Depart. of Admin. Advisory Op. No. 04-004 (February 3, 2004)
Brown v. Cannon Falls Township, 723 N.W.2d 31 (Minn. App. 2006) 
Brainerd Daily Dispatch v. Dehen, 693 N.W.2d 435 (Minn. App. 2005)
The Free Press v. County of Blue Earth, 677 N.W.2d 71 (Minn. App. 2004)
Prior Lake American v. Mader, 642 N.W.2d 729 (Minn. 2002)
Star Tribune v. Board of Education, Special School District No. 1, 507 N.W.2d 869 (Minn. App. 1993)
Minnesota Daily v. University of Minnesota, 432 N.W.2d 189 (Minn. App. 1988)
Moberg v. Independent School District No. 281, 336 N.W.2d 510 (Minn. 1983)
Sovereign v. Dunn, 498 N.W.2d 62 (Minn. App. 1993), rev. denied. (Minn. 1993)
Dept. of Admin. Advisory Op. No. 21-003 (April 19, 2021)
Dept. of Admin. Advisory Op. No. 21-002 (January 13, 2021)
Dept. of Admin. Advisory Op. No. 19-012 (October 24, 2019)
Dept. of Admin. Advisory Op. No. 19-008 (May 22, 2019)
Dept. of Admin. Advisory Op. No. 04-004 (February 3, 2004)
Dept. of Admin. Advisory Op. No. 18-019 (December 28, 2018)
Dept. of Admin. Advisory Op. No. 17-005 (June 22, 2017)
Dept. of Admin. Advisory Op. No. 13-009 (March 19, 2013 
Dept. of Admin. Advisory Op. No. 12-004 (March 9, 2012)
Dept. of Admin. Advisory Op. No. 11-004 (April 18, 2011)
Dept. of Admin. Advisory Op. No. 10-020 (September 23, 2010)
Dept. of Admin. Advisory Op. No. 09-020 (September 8, 2009)
Dept. of Admin. Advisory Op. No. 08-015 (July 9, 2008)
Dept. of Admin. Advisory Op. No. 06-027 (September 28, 2006) 
 

Cross References:
Moorhead School Board Policy 210: School Board Meeting Rules of Order
Moorhead School Board Policy 212: School Board Public Hearings
Moorhead School Board Policy 214: School Board Meeting Minutes
Moorhead School Board Policy 414: Employee Public and Private Personnel Data
Moorhead School Board Policy 504: Protection and Privacy of Student Records
MSBA/MASA Model Policy 205: Open Meetings and Closed Meetings
MSBA/MASA Model Policy 204 (School Board Meeting Minutes)
MSBA/MASA Model Policy 206 (Public Participation in School Board Meetings/Complaints about Persons at School Board Meetings and Data Privacy Considerations)
MSBA/MASA Model Policy 207 (Public Hearings) MSBA/MASA Model Policy 406 (Public and Private Personnel Data)
MSBA/MASA Model Policy 515 (Protection and Privacy of Pupil Records)
MSBA School Law Bulletin "C" (Minnesota's Open Meeting Law)

Organization of School Calendar and School Day
Type: School Board Policy
Section: 600 EDUCATION PROGRAMS
Code: 602
Adopted Date: 5/10/1983
Revised Date(s): 02/09/2009, 02/25/2013, 11/09/2015, 02/16/2022, 08/29/2023
Reviewed Date(s): 12/01/1990, 01/23/1995, 05/10/1999, 01/24/2005, 02/09/2009, 02/25/2013, 11/09/2015, 02/11/2019, 01/18/2022, 08/29/2023
Attachments:

l. PURPOSE

The purpose of this policy is to establish the procedures for the development of an administrative recommendation to the Moorhead School Board for a timely determination of the school calendar and school day.

II.  GENERAL STATEMENT

It is important to parents/guardians, students, employees, and the general public to have advance knowledge of the school calendar and school day to effectively plan for the school year.  Prior to March 1st of each year, the Superintendent shall submit to the School Board a recommendation for a school year calendar for the next school year. The calendar proposal shall be developed by a process determined by the Superintendent and should involve input from employee and advisory groups.

III.  CALENDAR RESPONSIBILITY

A. The school calendar shall be adopted annually by the School Board.  It shall meet all provisions of Minnesota statutes pertaining to the minimum number of school days and other provisions of law.  The school calendar shall establish student days, workshop days for staff, provide for emergency closings, and other information related to students, staff, and parents/guardians.

The annual calendar must include at least 425 hours of instruction for a kindergarten student without a disability, 935 hours of instruction for a student in grades 1 through 6, and 1,020 hours of instruction for a student in grades 7 through 12, not including summer school. The annual calendar for all-day kindergarten must include at least 850 hours of instruction for the school year. The school board’s annual school calendar may include plans for up to five days of instruction provided through online instruction due to inclement weather. (The inclement weather plan is according to Section V.).

B. Except for learning programs during summer and flexible learning year programs, the school district will not commence an elementary or secondary school year before Labor Day, except as provided in Section III.B.1 or III.B.2.  Days devoted to teacher's workshops may be held before Labor Day. 

1. The school district may begin the school year on any day before Labor Day to accommodate a construction or remodeling project of $400,000 or more affecting a school district school facility.

2. The school district may begin the school year on any day before Labor Day if the school district has an agreement under Minn. Stat. 123A.30, 123A.32, or 123A.35 with a school district that qualifies under Section III.B1.

3. The school district may begin the school year on any day before Labor Day if the school district agrees to the same schedule with a school district in an adjoining state.

C. Employee and advisory groups shall be provided an opportunity to participate in school calendar considerations.

IV.  SCHOOL DAY RESPONSIBILITY

A. The Superintendent shall be responsible for developing a schedule for the student day, subject to review by the School Board.  All requirements and provisions of Minnesota Statutes and Minnesota Department of Education Rules shall be met.

B. In developing the student day schedule, the Superintendent shall consider such factors as school bus schedules, cooperative programs, differences in time requirements at various grade levels, effective utilization of facilities, cost-effectiveness, employee contracts, and other concerns deserving of attention.

C. Proposed changes in the school day shall be subject to review and approval by the School Board.

D. Once adopted by the School Board, copies of the calendar shall be prepared for distribution through electronic and print media.

V. E-LEARNING DAYS

A. An “e-learning” day is a school day where school offers full access to online instruction provided by students’ individual teachers due to inclement weather.

B. MAPS may designate up to five e-learning days in one school year.

C. An e-learning day is counted as a day of instruction and included in the hours of instruction pursuant to Section III.A, above.

D. MAPS School Board may adopt an e-learning day plan after consulting with the exclusive representative of the teachers. The e-learning day plan developed by MAPS will include accommodations for students without internet access at home and for digital device access for families without technology or with an insufficient amount of technology for the number of children. The plan must also provide accessible options for students with disabilities.

 

E. MAPS must notify the parents and students of its e-learning day plan at the beginning of each school year.

F. When an e-learning day is declared by the MAPS, notice must be provided to parents and students at least two hours prior to the normal school start time that students will need to follow the e-learning day plan for the day.

G. On an e-learning day, each student’s teacher must be accessible both online and by telephone during the normal school hours to assist students and parents.

H. When the school district declares an e-learning day, it must continue to pay the full wages for scheduled work hours and benefits of all school employees for the duration of the e-learning period. During the e-learning period, school employees must be allowed to work from home to the extent practicable, be assigned to work in an alternative location, or be retained on an on-call basis for any potential need.

 
Legal References:
Minn. Stat. § 10.55 (Juneteenth)
Minn. Stat. 120A.40 (School Calendar)
Minn. Stat. 120A.41 (Length of School Year; Days of Instruction)
Minn. Stat. 120A.415 (Extended School Calendar)
Minn. Stat. 120A.42 (Holidays)
Minn. Stat. 122A.40, Subds. 7 and 7a (Employment; Contracts; Termination)
Minn. Stat. 122A.41, Subds. 4 and 4a (Teacher Tenure Act; Cities of the First Class; Definitions)
Minn. Stat. 123A.30 (Agreements for Secondary Education)
Minn. Stat. 123A.32 (Interdistrict Cooperation)
Minn. Stat. 123A.35 (Cooperation and Combination)
Minn. Stat. 124D.126 (Powers and Duties of Commissioner; Flexible Learning Year Programs)
Minn. Stat. 124D.151 (Voluntary Prekindergarten Program)
Minn. Stat. 124E.25 (Payment of Aids to Charter Schools)
Minn. Stat.127A.41, Subd. 7 (Distribution of School Aids; Appropriation)
Minn. Stat. § 645.44 (Words and Phrases Defined)
 
Cross References:
Moorhead School Board Policy 425: Staff Development
MSBA/MASA Model Policy 425 (Staff Development)
MSBA/MASA Model Policy 602 (Organization of School Calendar and School Day)
Out-of-State Travel by School Board Members
Type: School Board Policy
Section: 200 SCHOOL BOARD
Code: 214
Adopted Date: 4/10/2006
Revised Date(s): 05/11/2009, 06/14/2010, 12/13/2010, 11/10/2014, 10/08/2020, 04/11/2023
Reviewed Date(s): 01/08/2007, 11/26/2007, 05/11/2009, 06/14/2010, 12/13/2010, 11/10/2014, 12/11/2017, 09/14/2020, 10/08/2020, 03/17/2023, 04/11/2023
Attachments:

I. PURPOSE

The purpose of this policy is to regulate out-of-state travel by Moorhead School Board members, as required by law.

II. GENERAL STATEMENT

School Board members have an obligation to become informed on the proper duties and functions of a School Board member, to become familiar with issues that may affect the Moorhead Area Public Schools, to acquire a basic understanding of school finance and budgeting, and to acquire sufficient knowledge to comply with federal, state and local laws, rules, regulations and school district policies that relate to their functions as School Board members. Occasionally, it may be appropriate for School Board members to travel out of state to fulfill their obligations.

III. APPROPRIATE TRAVEL

Travel outside the state is appropriate when the School Board finds it proper for School Board members to acquire knowledge and information necessary to allow them to carry out their responsibilities as School Board members. Travel to regional or national meetings of the National School Boards Association is presumed to fulfill this purpose. Travel to other out-of-state meetings for which the member intends to seek reimbursement from the school district should be preapproved by the School Board.

IV. REIMBURSABLE EXPENSES

Expenses to be reimbursed may include transportation, meals, lodging, registration fees, required materials, parking fees, tips, and other reasonable and necessary school district-related expenses.

V. REIMBURSEMENT

A. Requests for reimbursement must be itemized on the official school district form and are to be submitted to the Superintendent or designee. Receipts for lodging, commercial transportation, registration, and other reasonable and necessary expenses must be attached to the reimbursement form.

B. Automobile travel shall be reimbursed at the mileage rate set by the School Board. Commercial transportation shall reflect economy fares and shall be reimbursed only for the actual cost of the trip.

C. Amounts to be reimbursed shall be within the School Board's approved budget allocations, including attendance at workshops and conventions.

VI. ESTABLISHMENT OF DIRECTIVES AND GUIDELINES

The superintendent or designee shall develop a schedule of reimbursement rates for school district business expenses, including those expenses requiring advance approval and specific rates of reimbursement. The superintendent or designee shall also develop directives and guidelines to address methods and times for submission of requests for reimbursement. (Administrative Procedure 411.1: Travel Request Form).

 
Legal References:
Minn. Stat. 123B.09, Subd. 2 (School Board Member Training)
Minn. Stat. 471.661 (Out-of-State Travel)
Minn. Stat. 471.665 (Mileage Allowances)
Minn. Op. Atty. Gen. No. 1035 (August 23, 1999) (Retreat Expenses)
Minn. Op. Atty. Gen. No. 161b-12 (August 4, 1997) (Transportation Expenses)
 
Cross References: 
Moorhead School Board Policy 203: School Board Member Development 
Moorhead School Board Policy 824: Reimbursement for Travel, Professional Meetings, and Conferences 
MSBA/MASA Model Policy 214 (Out-of-State Travel by School Board Members) 
Parent Organizations/Booster Clubs
Type: School Board Policy
Section: 500 STUDENTS
Code: 538
Adopted Date: 6/9/2014
Revised Date(s): 11/24/2020, 01/06/2021, 02/13/2024
Reviewed Date(s): 12/11/2017, 01/06/2021, 02/13/2024
Attachments:

I. PURPOSE

The purpose of this policy is to define the relationship between the school district and the parent organizations, booster clubs and similar groups whose purpose is to support the school district’s activities and educational programs.

II. DEFINITIONS

Parent organizations and booster clubs are neither school-sponsored clubs nor student-initiated clubs as those clubs or groups are defined in board policy. Parent organizations and booster clubs shall constitute “outside clubs or groups,” that are school-related but must meet the terms of this policy to use the school district or an individual school name, mascot or logo and to use school district facilities as a school-related organization.

III. PARENT ORGANIZATIONS

The school district encourages the formation and operation of parent organizations, such as Parent-Teacher Advisory Councils at each school site, in the school district to provide support to the school. Parent organizations must comply with the requirements of this policy to use the name of the individual school or school district, school or school district mascot or logo, and to have access to school district facilities. Please refer to Administrative Procedure 538.1: Moorhead Elementary Schools Parent Teacher Advisory Council (PTAC) Operating Procedures.

Each parent organization must prepare and submit to the Superintendent or designee a copy of its organizational bylaws. Upon formation and annually thereafter, each parent organization shall provide the Superintendent or designee with the names, telephone numbers, and addresses of each officer of the parent organization and the position held.

IV. BOOSTER CLUBS

Booster clubs for athletics, band, choir, drama, orchestra, or other athletic, fine arts or academic activities are welcome to form, support and assist such student activities or programs, both financially and with volunteer assistance. Booster clubs must comply with the requirements of this policy to use the name of the individual school or school district, school or school district mascots or logos, and to have access to school district facilities as a school-related organization. Please refer to Administrative Procedure 538.1: Booster Club Procedures.

A booster club must prepare and submit to the Superintendent or designee a copy of its organizational bylaws. All booster clubs must operate within the applicable standards and any guidelines set by the Minnesota State High School League. Upon formation and annually thereafter, each booster club shall provide the Superintendent or designee with the names, telephone numbers, and addresses of each officer of the booster club and the position held.

V. ACCOUNTING BY PARENT ORGANIZATIONS AND BOOSTER CLUBS

Each parent organization or booster club must have its own checking account, and the bylaws for the groups must require two signatures for any disbursement from that account. Parent organization or booster club funds and accounts are not school district accounts and will not be included in the school district’s budget and accounting for annual school district audit purposes. Funds collected by the parent organization or booster club are not to be deposited into the school district student activity accounts.

VI. FUNDRAISING

All fundraising activities shall comply with state and federal law. Participating in fundraising activities by a parent organization or booster club shall not be considered as a factor in a student’s level of participation in any school activity or athletic program.

VII. TITLE IX COMPLIANCE

The school district is responsible for compliance with Title IX. Title IX regulations prohibit aiding and perpetuating discrimination by "providing significant assistance to any agency, organization, or person which discriminates on the basis of sex in providing any aid, benefit or service to students."

The school district discourages the formation or organization of booster clubs that sponsor, assist or support student activities or athletic programs that predominantly serve student participants of a single-sex. In order to assure that contributions or support by parent organizations and booster clubs do not create inequities or significant disparities in the program, equipment and facilities made available to students participating in single-sex sports, the parent organizations or booster club shall only donate funds or tangible personal property that contribute to the school district’s educational, extracurricular or athletic programs, by program or sport, through board policy. Support provided to a single athletic program, regardless of source, must be included in the district's evaluation of its overall athletic program and the comparability of benefits made available to male versus female athletes.

 
Cross References:
Moorhead School Board Policy 510: Student Activities
Performance Evaluation of School District Employees
Type: Administrative Procedure
Section: 400 EMPLOYEES/PERSONNEL
Code: 470.1
Adopted Date: 8/26/2002
Revised Date(s): 10/16/2006, 04/09/2012, 04/10/2017
Reviewed Date(s): 10/16/2006, 04/09/2012, 04/10/2017
Attachments:

I. PURPOSE

The purpose of this policy is to establish and maintain a performance evaluation process for all employees, following applicable state statute and current contract language. 
 
II. POLICY
 
The overall goal of the performance evaluation is to determine the level of competency in individuals employed by the Moorhead Area Public Schools and to take steps to continuously improve that level of competency. Since a high quality, competent staff is necessary in order to achieve the mission of the school district in educating the children of the school district, the performance evaluation is regarded as one critical step in meeting this goal.

Procedures:

1. Probationary Periods

Those employees who have probationary periods will be evaluated in accordance with applicable Minnesota statutes or master agreement in order to determine their fitness for regular employment. Supervisors will formally evaluate probationary employees and identify areas of improvement and areas of competency. Areas of deficiency may result in a formal improvement plan to assist in overcoming noted deficiencies. Regular employee or continuing contract status will be decided prior to the end of the probationary period based on the completed performance evaluation. Evaluation forms vary by contract group.

2. Regular and/or Continuing Contract Employees

Performance evaluation frequency varies by master agreement. Most agreements have language requiring an annual evaluation of performance. When an aspect of an employee's work performance is in question and progressive discipline may be required, formal evaluation of performance may be utilized to support an improvement plan.

3. Performance Evaluation Process

a. The frequency of probationary and regular employee and continuing contract performance appraisals is determined by Minnesota statute, master agreements, or in the absence of statute or contact language, by the Executive Director of Human Resources.

b. The Department of Human Resources will provide support to the supervisor to identify probationary periods per contract, performance appraisal tools, and due dates for completion of performance appraisals.

c. The supervisor notifies the employee of a pending evaluation, makes preparations, schedules a time for the evaluation and performs the evaluation.

4. Performance Improvement

a. The supervisor determines when an employee's work performance is not meeting standards of performance. In certain positions, deficiency in performance may be defined by Minnesota statute and/or contract language.
 
b. The supervisor will provide feedback regarding substandard performance, document concerns on the performance evaluation form and meet with the employee to discuss corrective measures. A representative from the human resources department and a union representative may attend as dictated by contract language.
 
5. Complete evaluations will be provided to the department of human resources to be included in the individual personnel file.
 
 
Legal References:
Minn. Stat. 122A.40. Subds. 5 and 8 (Employment; Contracts; Termination)
Minn. Stat. 13.43 (Personnel Data)
 
Cross References:
Moorhead School Board Policy 414: Employee Public and Private Personnel Data 

Superintendent Contract
Administrator Contract
Principal Contract
Supervisor Contract
Confidential Administrative Assistant Contract
Administrative Assistant and Clerical Contract
Paraprofessional Contract
Custodial Contract
Technical Contract
Non-Aligned Contract
Bus Driver Contract
Food Service Contract

Permission to Record Meeting
Type: Administrative Procedure
Section: 400 EMPLOYEES/PERSONNEL
Code: 444.1
Adopted Date: 3/8/2004
Revised Date(s): 02/27/2006, 05/14/2012
Reviewed Date(s): 02/27/2006, 05/01/2009, 05/14/2012, 12/12/2016
Attachments:
Permission to Record Meeting
Personal Protective Equipment
Type: Administrative Procedure
Section: 400 EMPLOYEES/PERSONNEL
Code: 407.1
Adopted Date: 5/12/1980
Revised Date(s): 04/09/2007, 05/18/2021
Reviewed Date(s): 05/12/1980, 11/01/1994, 02/07/1997, 11/19/2002, 04/09/2007, 04/13/2015, 04/09/2018
Attachments:

I. EYE AND FACE PROTECTION

A. Protective equipment, including personal protective equipment for eyes and face shall be provided, used and maintained in a sanitary and reliable condition wherever necessary.

B. For persons whose vision requires corrective lenses, the school will provide the entire cost of spectacles to those people who work 100% of the school day with hazardous objects. The school district will provide 50% of the cost of corrective lenses to those individuals who teach more than two (2) classroom periods, but less than a full teacher load in a hazardous environment. Persons who teach two (2) periods or less, and are in need of corrective lenses in spectacles shall be provided with goggles that can be worn over their corrective spectacles. The school district will determine the firm providing the corrective lenses.

C. Protective eye and face equipment shall be required where there is a reasonable probability of injury that can be prevented by such equipment (e.g. industrial arts classes, shops, use of chemicals). The school district shall make available a type of protector suitable for the work to be performed, and employees shall use such protectors. Suitable eye protectors shall be provided where machines or operations present the hazard of flying objects, glare, liquids, injurious radiation, or a combination of these hazards.

D. Protective eye equipment shall meet the following minimum requirements:

1. They shall provide adequate protection against the particular hazards for which they are designed.

2. They shall be reasonably comfortable when worn, and be of safe design and construction for the work to be performed.

3. They should fit properly and not unduly interfere with the movements of the wearer.

4. They shall be durable.

5. They shall be capable of being disinfected and easily cleaned.

6. Persons whose vision requires the use of corrective lenses in glasses, and who are required by this standard to wear eye protection, shall wear goggles or spectacles of one of the following types: (a) spectacles with protective lenses that provide optical correction; (b) goggles that can be worn over corrective spectacles without disturbing the adjustment of the spectacles.

7. Every protector shall be distinctly marked to facilitate identification only of the manufacturer.

8. Design, construction, testing and use of devices for eye protection shall be in accordance with American National Standard of Occupational and Educational Eye and Face Protection, Z87.1-1968.

Philosophy of Education of Moorhead Area Public Schools
Type: School Board Policy
Section: 100 SCHOOL DISTRICT
Code: 103
Adopted Date: 3/30/1981
Revised Date(s): 02/09/2004, 03/17/2023, 04/11/2023
Reviewed Date(s): 07/01/1990, 01/23/1995, 02/09/2004, 08/14/2017, 10/08/2020, 04/11/2023
Attachments:

BELIEF STATEMENTS:

Our democratic society depends upon citizens who think effectively, read critically, discuss intelligently, evaluate ideas constructively and creatively, and act wisely based on a commitment to ethical values. Each individual has inherent value and dignity, and everyone has the right to public education throughout life. The complexities and global nature of today's world require that education work in partnership with the rest of society to promote excellence, accountability, lifelong learning, and receptiveness to change. 

THE LEARNERS NEED:

- to know all students can learn and achieve;
- to know that learning is more important than mere possession of knowledge;
- to have a positive attitude toward learning;
- to have successful experiences and recognition;
- to be partners with parents/families, school staff members, and the community in providing a caring, secure climate and supportive environment in which to learn;
- to have feelings of self-worth;
- to strive for physical and emotional well-being;
- to learn the importance of critical thinking, communication, computation, and an appreciation for cultural diversity;
- to possess human relations and decision-making skills;
- to be responsible for their actions;
- to become productive and contributing citizens of society;
- to recognize that learning is lifelong;
- to meet the physical, academic, social, and emotional needs of learners through programs designed to maximize individual growth in:

A. Self-Concept - to understand themselves and appreciate their worthiness, potential, and right to become meaningful, productive members of society.

B. Human Understanding - to develop a global perspective and the ability to interact, understand and appreciate individual differences to become influential citizens of the world.

C. Essential Skills - to ensure the mastery of basic communication skills to be functionally literate; to be able to think critically to solve problems in a constantly changing world; to understand and appreciate the sciences and the arts; and to demonstrate skills in citizenship, community service, and human relations.

D. Creative Development - to have the opportunity and encouragement to be creative and visionary.

E. Environmental Awareness - to exemplify and implant the obligation to protect and preserve the planet on which we live.

F. Joy of Learning - to enhance an eagerness for learning and a positive attitude toward work.

G. Physical and Emotional Well-Being - to procure beneficial health habits and concern for good physical and emotional stability.

H. Self-Sufficiency - to prepare for a productive, honorable, and enriched self-sufficient life.

THE PARENTS/FAMILIES NEED:

- to provide a positive, supportive home environment where the importance of learning is emphasized;
- to be an informed partner in their child's learning process and progress;
- to be involved in schools and be knowledgeable about the decisions that affect their child's education;
- to appreciate and understand the benefits of cultural diversity;
- to have educational opportunities to grow as parents, families and individuals.

THE SCHOOL STAFF MEMBERS NEED:

- to be qualified, committed, and influential people participating in an educational partnership;
- to know they have an impact on the self-esteem, growth, and success of the learner;
- to know positive expectations influence performance;
- to recognize that excellence and success increase if they are identified and rewarded;
- to utilize various experiences, skills, styles of teaching, time management, choice of materials, assessment, and evaluation;
- to be responsible for communicating with the learner, parent/family, other school staff members, and community;
- to use their leadership, integrity, and flexibility to grow personally and professionally;
- to exercise opportunities for growth, wellness needs, and recognition.

THE COMMUNITY NEEDS:

- to embrace that education is the backbone of a strong cultural, social, and economic society;
- to view education as an investment in the future;
- to work in partnership with the educational system realizing the value and mutual benefits;
- to appreciate the cultural impact provided by education;
- to provide the necessary resources to meet the needs of learners;
- to provide a safe, supportive environment for learning.

THE EDUCATIONAL SYSTEM NEEDS:

- to design and follow programs that address the abilities, interests, goals, and needs of all students;
- to require fiscal responsibility and accountability;
- to be receptive and accommodating to change that is in the best interest of learners, parents/ family, staff, and community;
- to provide a nurturing environment in which to learn;
- to communicate effectively and work in partnership with learners, parents/family, staff, and community;
- to meet the physical, academic, social, and emotional needs of learners through programs designed to maximize individual growth in:

A. Self-Concept - to understand themselves and appreciate their worthiness, potential, and right to become meaningful, productive members of society.

B. Human Understanding - to develop a global perspective and the ability to interact, understand and appreciate individual differences in order to become influential citizens of the world.

C. Essential Skills - to ensure the mastery of basic communication skills in order to be functionally literate; to be able to think critically in order to solve problems in a constantly changing world; to understand and appreciate the sciences and the arts; and to demonstrate skills in citizenship, community service, and human relations.

D. Creative Development - to have the opportunity and encouragement to be creative and visionary.

E. Environmental Awareness - to exemplify and implant the obligation to protect and preserve the planet on which we live.

F. Joy of Learning - to enhance an eagerness for learning and a positive attitude toward work.


G. Physical and Emotional Well-Being - to procure beneficial health habits and concern for good physical and emotional stability.


H. Self-Sufficiency - to prepare for a productive, honorable, and enriched self-sufficient life.

Our philosophy of education recognizes the inevitability of change. As knowledge expands, society will continue to be challenged in its ability to comprehend new information and deal with its implications. MAPS believes that the principles outlined in this statement of philosophy are compatible with society as we anticipate it to be in the future and a prerequisite for a future of which we can be proud.

Cross Reference:
Moorhead School Board Policy 104: Mission Statement

Policies Incorporated by Reference for Employees/Personnel
Type: School Board Policy
Section: 400 EMPLOYEES/PERSONNEL
Code: 422
Adopted Date: 10/13/2003
Revised Date(s): 05/11/2009, 06/14/2010, 05/09/2011, 06/11/2012, 06/10/2013, 06/13/2016, 12/10/2018, 03/16/2020
Reviewed Date(s): 05/09/2005, 06/12/2006, 02/12/2007, 11/26/2007, 05/11/2009, 06/14/2010, 05/09/2011, 06/11/2012, 06/10/2013, 04/14/2014, 06/13/2016, 05/08/2017, 04/09/2018, 01/20/2021, 02/17/2021, 02/14/2023
Attachments:
I. PURPOSE
 
The purpose of this policy is to provide a list of all policies applicable to employees and students. 
 
II. GENERAL STATEMENT
 
In order to avoid undue duplication, Moorhead Area Public Schools provides notice by this section of the application and incorporation by reference of the following policies which also apply to employees: 


Moorhead School Board Policy 105: State and Federal Law Prohibiting Discrimination
Moorhead School Board Policy 103: Philosophy of Education of Moorhead Area Public Schools
Moorhead School Board Policy 104: Mission Statement

Moorhead School Board Policy 102: Equal Educational Opportunity

Moorhead School Board Policy 420: Communicable Disease Control and Infectious Conditions
Moorhead School Board Policy 516: Medication
Moorhead School Board Policy 518: Do Not Resuscitate/Do Not Intubate Orders (DNR/DNI)
Moorhead School Board Policy 414: Mandated Reporting of Child Neglect or Physical or Sexual Abuse
Moorhead School Board Policy 415: Maltreatment of Vulnerable Adults

Moorhead School Board Policy 511: Activities Fundraising
Moorhead School Board Policy 507: Corporal Punishment
Moorhead School Board Policy 553: Crisis Intervention and Student Support
Moorhead School Board Policy 529: Notification to Staff Regarding Placement of Students with Violent Behaviors
Moorhead School Board Policy 413: Prohibition of Harassment and Violence
Moorhead School Board Policy 526: Hazing Prohibition
Moorhead School Board Policy 418: Drug-Free Workplace/Drug-Free School
Moorhead School Board Policy 419: Tobacco-Free Environment
Moorhead School Board Policy 501: Moorhead Area Public School District Weapons Policy
Moorhead School Board Policy 602: Organization of School Calendar and School Day
Moorhead School Board Policy 610: Field Trips
Moorhead School Board Policy 801: Equal Access to Moorhead Area Public Schools Facilities
Moorhead School Board Policy 806: School District Crisis Management
Moorhead School Board Policy 711: Severe Weather-Related School Closings
Moorhead School Board Policy 712: Safety and Security Technology
Moorhead School Board Procedure 412.3: Car Rental Procedures
Moorhead School Board Policy 730: School District Copyright Policy
Moorhead School Board Policy 524: Moorhead Area Public Schools Electronic Network and Systems Responsible Use and Safety
Moorhead School Board Policy 732: Use of All School Equipment and Materials for Instructional Purposes Off School Premises
MAPS School Board Administrative Procedure 822: Payroll Employment
MAPS School Board Administrative Procedure 823: Check Cashing
Moorhead School Board Policy 412: Reimbursement for Travel, Professional Meetings and Conferences
Moorhead School Board Policy 731: Complimentary Athletic Season Passes/Single Event Passes
Moorhead School Board Policy 802: Disposition of Obsolete Equipment and Material
Moorhead School Board Policy 906: Public Distribution of Materials in Moorhead Area Public Schools
Moorhead School Board Policy 907: Rewards

III. RESPONSIBILITIES
 
Employees are charged with notice that the above-cited policies are also applicable to employees; however, employees are also on notice that the provisions of the various policies speak for themselves and may be applicable although not specifically listed above.
 
 
Cross Reference:
MSBA/MASA Model Policy 422 (Policies Incorporated by Reference)

 

Policies Incorporated by Reference for Students
Type: School Board Policy
Section: 500 STUDENTS
Code: 523
Adopted Date: 10/13/2003
Revised Date(s): 05/11/2009, 06/14/2010, 05/09/2011, 06/11/2012, 06/10/2013, 06/13/2016, 02/16/2022
Reviewed Date(s): 05/09/2005, 06/12/2006, 02/12/2007, 11/26/2007, 05/11/2009, 06/14/2010, 05/09/2011, 06/11/2012, 06/10/2013, 04/14/2014, 06/13/2016, 05/08/2017, 05/29/2018, 02/11/2019, 01/18/2022
Attachments:

I. PURPOSE

The purpose of this policy is to provide a list of all policies applicable to students and employees.
 
II. GENERAL STATEMENT
 
In order to avoid undue duplication, Moorhead Area Public Schools provides notice by this section of the application and incorporation by reference of the following policies found in other sections of this manual which all apply to students:
 
(The following policies are not new.)
 

Moorhead School Board Policy 105: State and Federal Law Prohibiting Discrimination
Moorhead School Board Policy 103: Philosophy of Education of Moorhead Area Public Schools
Moorhead School Board Policy 104: Mission Statement

Moorhead School Board Policy 624: Online Instruction
Moorhead School Board Policy 602: Organization of School Calendar and School Day
Moorhead School Board Policy 610: Field Trips
Moorhead School Board Policy 531: Patriotic Exercises
Moorhead School Board Policy 609: Religion
Moorhead School Board Policy 613: Moorhead Area Public Schools Graduation Policy
Moorhead School Board Policy 616: School District System Accountability
Moorhead School Board Policy 620: Credit for Learning
Moorhead School Board Policy 615: Testing Accommodations, Modifications, and Exemptions for IEPs, Section 504 Accommodations and LEP Students
Moorhead School Board Policy 614: Moorhead Area Public Schools State Mandated Testing Plan and Procedure
Moorhead School Board Policy 801: Equal Access to Moorhead Area Public Schools Facilities
Moorhead School Board Policy 711: Severe Weather-Related School Closings
Moorhead School Board Policy 712: Safety and Security Technology
Moorhead School Board Policy 720: Student Transportation Eligibility Guidelines
Moorhead School Board Policy 709: Student Transportation Safety 
Moorhead School Board Policy 524: Moorhead Area Public Schools Electronic Network and Systems Responsible Use and Safety
Moorhead School Board Policy 718: Rental of District Musical Instruments
Moorhead School Board Policy 905: Visitors to Moorhead Area Public School Buildings and Sites
Moorhead School Board Policy 907: Rewards

III. RESPONSIBILITIES
 
Students are charged with notice that the above-cited policies are also applicable to students; however, students are also on notice that the provisions of the various policies speak for themselves and may be applicable although not specifically listed above.
 
 
Cross Reference:
MSBA/MASA Model Policy 523 (Policies Incorporated by Reference)
 
 
Procedures for Reevaluation of Instructional Resources
Type: Administrative Procedure
Section: 600 EDUCATION PROGRAMS
Code: 606.4
Adopted Date: 12/13/1988
Revised Date(s): 04/27/1998, 02/23/2015, 05/29/2018
Reviewed Date(s): 04/27/1998, 02/23/2015
Attachments:

Adm. Proc.

Procedures for Review of Curriculum Content and Alternative Instruction
Type: Administrative Procedure
Section: 600 EDUCATION PROGRAMS
Code: 606.2
Adopted Date: 12/13/1988
Revised Date(s): 04/27/1998, 02/23/2015
Reviewed Date(s): 04/27/1998, 02/23/2015, 05/29/2018
Attachments:

Adm. Proc.

Prohibition of Harassment and Violence
Type: School Board Policy
Section: 400 EMPLOYEES/PERSONNEL
Code: 413
Adopted Date: 5/27/1986
Revised Date(s): 10/13/2008, 12/14/2009, 12/13/2010, 04/09/2012, 06/10/2013, 06/09/2014, 06/08/2015, 06/13/2016, 12/10/2018, 04/21/2020, 05/12/2020, 05/18/2021, 02/16/2022, 10/24/2023
Reviewed Date(s): 05/01/1990, 09/14/1993, 06/09/1997, 07/09/2001, 04/11/2005, 02/13/2006, 04/09/2007, 02/11/2008, 10/13/2008, 12/14/2009, 12/13/2010, 04/09/2012, 06/10/2013, 06/09/2014, 06/08/2015, 06/13/2016, 05/08/2017, 02/12/2018, 04/21/2020, 04/20/2021, 01/18/2022, 10/24/2023
Attachments:

I. PURPOSE

The purpose of this policy is to maintain a learning and working environment that is free from harassment and violence on the basis of race, color, creed, religion, national origin, sex, age, marital status, familial status, status with regard to public assistance, sexual orientation, gender identity or expression, or disability (Protected Class). 

II. GENERAL STATEMENT

A. The policy of the Moorhead Area Public Schools is to maintain a learning and working environment free from harassment and violence on the basis of Protected Class.  The Moorhead Area Public Schools prohibits any form of harassment and violence on the basis of Protected Class.

B. A violation of this policy occurs when any student, teacher, administrator, or other school district personnel harasses a student, teacher, administrator, or other school district personnel or group of students, teachers, administrators, or other school district personnel through conduct or communication based on a person's Protected Class, as defined by this policy. (For purposes of this policy, school district personnel includes Moorhead School Board members, school employees, agents, volunteers, contractors, or persons subject to the supervision and control of the district.)
 
C. A violation of this policy occurs when any student, teacher, administrator, or other school district personnel inflicts, threatens to inflict, or attempts to inflict violence upon any student, teacher, administrator, or other school district personnel or group of students, teachers, administrators, or other school district personnel based on a person's Protected Class.

D. The Moorhead Area Public Schools will act to investigate all complaints, either formal or informal, verbal or written, of harassment or violence based on a person's Protected Class, and to discipline or take appropriate action against any student, teacher, administrator or other school district personnel who is found to have violated this policy.

III. DEFINITIONS

A. "Assault" is:
 
1. an act done with intent to cause fear in another of immediate bodily harm or death;
 
2. the intentional infliction of or attempt to inflict bodily harm upon another; or
 
3. the threat to do bodily harm to another with present ability to carry out the threat.
 
B. "Harassment" prohibited by this policy consists of physical or verbal conduct, including, but not limited to, electronic communications, relating to an individual's or group of individuals' race, color, creed, religion, national origin, sex, age, marital status, familial status, status with regard to public assistance, sexual orientation, including gender identity or expression, or disability when the conduct:
 
1. has the purpose or effect of creating an intimidating, hostile, or offensive working or academic environment;
 
2.  has the purpose or effect of substantially or unreasonably interfering with an individual's work or academic performance; or
 
3. otherwise adversely affects an individual's employment or academic opportunities.

C. "Immediately" means as soon as possible but in no event longer than 24 hours.

D. Protected Classifications
 
1. "Disability" means, with respect to an individual:
 
a. has a physical, sensory, or mental impairment that materially limits one or more major life activities of such individual;
 
b. has a record of such an impairment; or
 
c. is regarded as having such an impairment.
 
2. "Familial Status" means the condition of one or more minors being domiciled with:
 
a. their parent or parents or the minor's legal guardian; or
 
b. the designee of the parent or parents or guardian with the written permission of the parent or parents or guardian. The protections afforded against harassment or discrimination on the basis of family status apply to any person who is pregnant or is in the process of securing legal custody of an individual who has not attained the age of majority.
 
3. "Marital status" means whether a person is single, married, remarried, divorced, separated, or a surviving spouse and, in employment cases, includes protection against harassment or discrimination on the basis of the identity, situation, actions, or beliefs of a spouse or former spouse.
 
4. "National origin" means the place of birth of an individual or of any of the individual's lineal ancestors.
 
5. "Sex" includes, but is not limited to, pregnancy, childbirth, and disabilities related to pregnancy or childbirth.
 
6. "Sexual orientation" to whom someone is, or is perceived of as being, emotionally, physically, or sexually attracted to based on sex or gender identity. A person may be attracted to men, women, both, neither, or to people who are genderqueer, androgynous, or have other gender identities.
 
7. "Status with regard to public assistance" means the condition of being a recipient of federal, state, or local assistance, including medical assistance, or of being a tenant receiving federal, state, or local subsidies, including rental assistance or rent supplements.
 
E. “Remedial response” means a measure to stop and correct acts of harassment or violence, prevent acts of harassment or violence from recurring, and protect, support, and intervene on behalf of an individual who is the target or victim of acts of harassment or violence.
 
F. Sexual Harassment Definition
 
1. Sexual harassment includes of unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct, or other verbal or physical conduct or communication of a sexual nature when:

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

b. submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual's employment or education; or

c. that conduct or communication has the purpose or effect of substantially interfering with an individual's employment or education, or creating an intimidating, hostile or offensive employment or educational environment.

2. Sexual harassment may include, but is not limited to:

a. unwelcome verbal harassment or abuse;

b. unwelcome pressure for sexual activity;

c. unwelcome, sexually motivated or inappropriate patting, pinching or physical contact, other than necessary restraint of student(s) by teachers, administrators, or other school district personnel to avoid physical harm to persons or property;

d. unwelcome sexual behavior or words, including demands for sexual favors, accompanied by implied or overt threats concerning an individual's employment or educational status;

e. unwelcome sexual behavior or words, including demands for sexual favors, accompanied by implied or overt promises of preferential treatment with regard to an individual's employment or educational status; or

f. unwelcome behavior or words directed at an individual or group because of sexual orientation, including gender identity or expression.
 
G. Sexual Violence Definition

1. Sexual violence is a physical act of aggression or force or the threat thereof that involves the touching of another's intimate parts or forcing a person to touch any person's intimate parts. Intimate parts, as defined in Minnesota Statutes section 609.341, includes the primary genital area, groin, inner thigh, buttocks, or breast, as well as the clothing covering these areas.

2. Sexual violence may include, but is not limited to:

a. touching, patting, grabbing, or pinching another person's intimate parts;

b. coercing, forcing, or attempting to coerce or force the touching of anyone's intimate parts;

c. coercing, forcing or attempting to coerce or force sexual intercourse or a sexual act on another; or

d. threatening to force or coerce sexual acts, including the touching of intimate parts or intercourse, on another.

H. Violence Definition

Violence prohibited by this policy is a physical act of aggression or assault upon another or group of individuals because of, or in a manner reasonably related to an individual's Protected Class.

IV. REPORTING PROCEDURES

A. Any person who believes he or she has been the target or victim of harassment or violence on the basis of  Protected Class by a student, teacher, administrator or other school district personnel, or any person with knowledge or belief of conduct which may constitute harassment or violence prohibited by this policy toward a student, teacher, administrator, or other school district personnel or group of students, teachers, administrators, or other school district personnel should report the alleged acts immediately to the appropriate school district officials. A person may report conduct that may constitute harassment or violence anonymously.  However, the school district may not rely solely on an anonymous report to determine discipline or other remedial responses.

B. The school district encourages the reporting party or complainant to use Administrative Procedure 413.1: Harassment and Violence Report Form available from the administrator or building supervisor of each building or available from the school district office, but oral reports shall be considered complaints as well. Nothing in this policy shall prevent any person from reporting harassment or violence directly to the school district's human rights officer (executive director of human resources and operations) or to the Superintendent.

C. Nothing in this policy shall prevent any person from reporting harassment or violence directly to a school district human rights officer or to the Superintendent.  If the complaint involves the building report taker, the complaint shall be made or filed directly with the Superintendent or the school district human rights officer by the reporting party or complainant.

D. In each school building the building administrator, the building administrator's designee, or the building supervisor (hereinafter the "building report taker") is the person responsible for receiving oral or written reports of harassment or violence prohibited by this policy at the building level. Any adult school district personnel who receives a report of harassment or violence prohibited by this policy shall inform the building report taker immediately. If the complaint involves the building report taker, the complaint shall be made or filed directly with the Superintendent or the school district human rights officer (executive director of human resources and operations) by the reporting party or complainant. The building report taker shall ensure that this policy and its procedures, practices, consequences, and sanctions are fairly and fully implemented and shall serve as primary contact on policy and procedural matters.

E. A teacher, school administrator, volunteer, contractor, or other school employee shall be alert to possible situations, circumstances, or events that might include acts of harassment or violence.  Any such person who witnesses, observes, receives a report of, or has other knowledge or belief of conduct that may constitute harassment or violence shall make reasonable efforts to address and resolve the harassment or violence and shall inform the building report taker immediately.  School district personnel who fail to inform the building report taker of conduct that may constitute harassment or violence or who fail to make reasonable efforts to address and resolve the harassment or violence in a timely manner may be subject to disciplinary action.

F. Upon receipt of a report, the building report taker must notify the school district human rights officer (executive director of human resources and operations) immediately, without screening or investigating the report. The building report taker may request, but may not insist upon, a written complaint. A written statement of the facts alleged will be forwarded as soon as practicable by the building report taker to the human rights officer (executive director of human resources and operations). If the report was given verbally, the building report taker shall personally reduce it to written form within 24 hours and forward it to the human rights officer (executive director of human resources and operations).  Failure to forward any harassment or violence report or complaint as provided herein may result in disciplinary action against the building report taker. 

G. School District Action. The Moorhead School Board hereby designates the executive director of human resources and operations as the school district human rights officer to receive reports or complaints of harassment or violence prohibited by this policy. If the complaint involves the human rights officer (executive director of human resources and operations), the complaint shall be filed directly with the Superintendent.

H. The school district shall conspicuously post the name of the human rights officer (executive director of human resources and operations), including mailing address and telephone number with this policy throughout each school building in areas accessible to students and staff.

I. Submission of a good faith complaint or report of harassment or violence prohibited by this policy will not affect the complainant or reporter's future employment, grades, work assignments, or educational or work environment.

J. Use of formal reporting forms is not mandatory.

K. Reports of harassment or violence prohibited by this policy are classified as private educational and/or personnel data and/or confidential investigative data and will not be disclosed except as permitted by law.

L. The school district will respect the privacy of the complainant(s), the individual(s) against whom the complaint is filed, and the witnesses as much as possible, consistent with the school district's legal obligations to investigate, to take appropriate action, and to conform with any discovery or disclosure obligations.
 
M. Retaliation against a victim, good faith reporter, or a witness of violence or harassment is prohibited.

N. False accusations or reports of violence or harassment against another person are prohibited.

O. A person who engages in an act of violence or harassment, reprisal, retaliation, or false reporting of violence or harassment, or permits, condones or tolerates violence or harassment shall be subject to discipline or other remedial responses for that act in accordance with the school district’s policies and procedures.

Consequences for students who commit, or are a party to, prohibited acts of violence or harassment or who engage in reprisal or intentional false reporting may range from remedial responses or positive behavioral interventions up to and including suspension and/or expulsion.

Consequences for employees who permit, condone, or tolerate violence or harassment or engage in an act of reprisal or intentional false reporting of violence or harassment may result in disciplinary action up to and including termination or discharge.

Consequences for other individuals engaging in prohibited acts of violence or harassment may include, but not be limited to, exclusion from school district property and events and/or termination of services and/or contracts.

V. INVESTIGATION

A. By authority of the school district, the human rights officer (executive director of human resources and operations), within three (3) business days of the receipt of a report or complaint alleging harassment or violence prohibited by this policy, shall undertake or authorize an investigation. The investigation may be conducted by school district officials or by a third party designated by the school district.

B. The investigation may consist of personal interviews with the complainant, the individual(s) against whom the complaint is filed, and others who may have knowledge of the alleged incident(s) or circumstances giving rise to the complaint. The investigation may also consist of any other methods and documents deemed pertinent by the investigator.

C. In determining whether alleged conduct constitutes a violation of this policy, the school district should consider the surrounding circumstances, the nature of the behavior, past incidents or past or continuing patterns of behavior, the relationships between the parties involved, and the context in which the alleged incidents occurred. Whether a particular action or incident constitutes a violation of this policy requires a determination based on all the facts and surrounding circumstances.

D. In addition, the school district may take immediate steps, at its discretion, to protect the target or victim, complainant, and students, teachers, administrators, or other school district personnel pending completion of an investigation of alleged harassment or violence prohibited by this policy.

E. The alleged perpetrator of the act(s) of harassment or violence shall be allowed the opportunity to present a defense during the investigation or prior to the imposition of discipline or other remedial responses.

F. The investigation will be completed as soon as practicable. The school district human rights officer (executive director of human resources and operations) shall make a written report to the Superintendent upon completion of the investigation. If the complaint involves the Superintendent, the report may be filed directly with the School Board. The report shall include a determination of whether the allegations have been substantiated as factual and whether they appear to be violations of this policy.

VI. SCHOOL DISTRICT ACTION

A. Upon completion of an investigation that determines a violation of this policy has occurred, the school district will take appropriate action. Such action may include but is not limited to, warning, suspension, exclusion, expulsion, transfer, remediation, termination, or discharge. Disciplinary consequences will be sufficiently severe to deter violations and to appropriately discipline prohibited behavior. School district action taken for violation of this policy will be consistent with requirements of applicable collective bargaining agreements, Minnesota and federal law, and applicable school district policies and regulations.

B. The school district is not authorized to disclose to a victim private educational or personnel data regarding an alleged perpetrator who is a student or employee of the school district. School officials will notify the targets or victims and alleged perpetrators of harassment or violence, the parent(s) or guardian(s) of targets or victims of harassment or violence, and the parent(s) or guardian(s) of alleged perpetrators of harassment or violence who have been involved in a reported and confirmed harassment or violence incident of the remedial or disciplinary action taken, to the extent permitted by law.

C. In order to prevent or respond to acts of harassment or violence committed by or directed against a child with a disability, the school district shall, where determined appropriate by the child’s individualized education program (IEP) or Section 504 team, allow the child’s IEP or Section 504 plan to be drafted to address the skills and proficiencies the child needs as a result of the child’s disability to allow the child to respond to or not to engage in acts of harassment or violence.

VII. RETALIATION OR REPRISAL

The school district will discipline or take appropriate action against any student, teacher, administrator, or other school district personnel who commits an act of reprisal or who retaliates against any person who asserts, alleges, or makes a good faith report of alleged harassment or violence prohibited by this policy, who testifies, assists, or participates in an investigation of retaliation or alleged harassment or violence, or who testifies, assists or participates in a proceeding or hearing relating to such harassment or violence. Retaliation includes, but is not limited to, any form of intimidation, reprisal, harassment, or intentional disparate treatment. Disciplinary consequences will be sufficiently severe to deter violations and to appropriately discipline the individual(s) who engaged in the harassment or violence. Remedial responses to the harassment or violence shall be tailored to the particular incident and nature of the conduct.

VIII. RIGHT TO ALTERNATIVE COMPLAINT PROCEDURES

These procedures do not deny the right of any individual to pursue other avenues of recourse which may include filing charges with the Minnesota Department of Human Rights, or another state or federal agency, initiating civil action, or seeking redress under state criminal statutes and/or federal law.

IX. HARASSMENT OR VIOLENCE AS ABUSE

A. Under certain circumstances, alleged harassment or violence may also be possible abuse under Minnesota law. If so, the duties of mandatory reporting under Minn. Stat. 626.556 may be applicable.

B. Nothing in this policy will prohibit the school district from taking immediate action to protect victims of alleged harassment, violence, or abuse.

X. DISSEMINATION OF POLICY AND TRAINING

A. This policy shall be conspicuously posted throughout each school building in areas accessible to students and staff members.

B. A summary of this policy (Appendix A) shall be given to each school district employee in the employee handbook and independent contractor who regularly interacts with students at the time of initial employment with the school district.

C. A summary of this policy (Appendix A) shall appear in each school's student handbook.

D. The content of this policy will be discussed annually with students and employees.

E. The school district may implement violence prevention and character development education programs to prevent and reduce policy violations.  Such programs may offer instruction on character education including, but not limited to, character qualities such as attentiveness, truthfulness, respect for authority, diligence, gratefulness, self-discipline, patience, forgiveness, respect for others, peacemaking, resourcefulness and/or sexual abuse prevention. 

F. This policy shall be reviewed by the human rights officer (assistant superintendent of business and administrative services) at least annually for compliance with state and federal law.
Human Rights Officer/ Title IX Coordinator
Kristin Dehmer, Assistant Superintendent of Business and Administrative Services
1313 30th Ave S
Moorhead, MN 56560
218-284-3355


Legal References:
Minn. Stat. 120B.232 (Character Development Education)
Minn. Stat. 121A.03, Subd. 2 (Sexual, Religious, and Racial Harassment and Violence Policy)
Minn. Stat. 121A.031 (School Student Bullying Policy)
Minn. Stat. Ch. 363A (Minnesota Human Rights Act)
Minn. Stat. 609.341 (Definitions)
Minn. Stat. Ch. 260E (Reporting of Maltreatment of Minors)
20 U.S.C. 1681-1688 (Title IX of the Education Amendments of 1972)
29 U.S.C. 621 et seq. (Age Discrimination in Employment Act)
29 U.S.C. 794 (Section 504 of the Rehabilitation Act of 1973, 504)
42 U.S.C. 1983 (Civil Action of Deprivation of Rights)
42 U.S.C. 2000d et seq. (Title VI of the Civil Rights Act of 1964)
42 U.S.C. 2000e et seq. (Title VII of the Civil Rights Act)
42 U.S.C. 12101 et seq. (Americans with Disabilities Act)
 
Cross References:

MSBA/MASA Model Policy 102 (Equal Educational Opportunity)
MSBA/MASA Model Policy 401 (Equal Employment Opportunity)
MSBA/MASA Model Policy 402 (Disability Nondiscrimination Policy)
MSBA/MASA Model Policy 403 (Discipline, Suspension, and Dismissal of School District Employees)
MSBA/MASA Model Policy 406 (Public and Private Personnel Data)
MSBA/MASA Model Policy 414 (Mandated Reporting of Child Neglect or Physical or Sexual Abuse)
MSBA/MASA Model Policy 415 (Mandated Reporting of Maltreatment of Vulnerable Adults) MSBA/MASA Model Policy 506 (Student Discipline)
MSBA/MASA Model Policy 514 (Bullying Prohibition Policy)
MSBA/MASA Model Policy 515 (Protection and Privacy of Pupil Records)
MSBA/MASA Model Policy 521 (Student Disability Nondiscrimination)
MSBA/MASA Model Policy 522 (Title IX Sex Nondiscrimination, Grievance Procedures and Process Policy Student Sex Nondiscrimination)
MSBA/MASA Model Policy 524 (Internet Acceptable Use and Safety Policy)
MSBA/MASA Model Policy 525 (Violence Prevention)
MSBA/MASA Model Policy 526 (Hazing Prohibition)
MSBA/MASA Model Policy 528 (Student Parental, Family, and Marital Status Nondiscrimination)
MSBA/MASA Model Policy 413 (Harassment and Violence)
Moorhead School Board Policy 102: Equal Educational Opportunity
Moorhead School Board Policy 401: Equal Employment Opportunity Statement
Moorhead School Board Policy 406: Employee Public and Private Personnel Data
Moorhead School Board Policy 521: Student Disability Nondiscrimination
Moorhead School Board Policy 528: Student Parental, Family, and Marital Status Nondiscrimination
Moorhead School Board Policy 515: Protection and Privacy of Student Records
Moorhead School Board Policy 522: Title IX Nondiscrimination Policy, Grievance Procedure and Process
Moorhead School Board Policy 414: Mandated Reporting of Child Neglect or Physical or Sexual Abuse
Moorhead School Board Policy 415: Maltreatment of Vulnerable Adults
Moorhead School Board Policy 506: Student Discipline
Moorhead School Board Policy 526: Hazing Prohibition
Moorhead School Board Policy 524: Moorhead Area Public Schools Electronic Network and Systems Responsible Use and Safety
Moorhead School Board Policy 514: Bullying Prohibition
Moorhead School Board Policy 423: Employee-Student Relationships

APPENDIX A

****ATTENTION****

MOORHEAD AREA PUBLIC SCHOOL DISTRICT 152 POLICY AGAINST HARASSMENT AND VIOLENCE RELATED TO RACE, COLOR, CREED, RELIGION, NATIONAL ORIGIN, SEX, AGE, MARITAL STATUS, FAMILIAL STATUS, STATUS WITH REGARD TO PUBLIC ASSISTANCE, SEXUAL ORIENTATION, INCLUDING GENDER IDENTITY OR EXPRESSION, OR DISABILITY

1. Everyone at Moorhead Area Public Schools has a right to feel respected and safe. Consequently, we want you to know about our policy to prevent harassment and violence related to race, color, creed, religion, national origin, sex, age, marital status, familial status, status with regard to public assistance, sexual orientation, gender identity or expression, or disability of any kind.

2. A harasser may be a student or an adult.

3. If you believe you have been the victim of any type of harassment you should report it to any school district official.

4. This report may be oral or you may also make a written report. It should be given to a teacher, counselor, the building administrator or the human rights officer (executive director of human resources and operations).

5. Your right to privacy will be respected as much as possible.

6. The school district will investigate all reports of harassment or violence related to race, color, creed, religion, national origin, sex, age, marital status, familial status, status with regard to public assistance, sexual orientation, including gender identity or expression, or disability and the school district will take all appropriate actions based on the report.

7. The school district will also take action if anyone tries to intimidate you or take action to harm you because you have reported a concern.

8. This is a summary of the school district policy against harassment and violence related to race, color, creed, religion, national origin, sex, age, marital status, familial status, status with regard to public assistance, sexual orientation, including gender identity or expression, or disability. Complete policies are available in the building administrator's office and the Superintendent's office and at the school district's website at www.moorheadschools.org.

Promotion, Retention and Acceleration of Elementary Students Form
Type: Administrative Procedure
Section: 500 STUDENTS
Code: 513.2
Adopted Date: 4/24/1984
Revised Date(s): 02/27/2006, 09/16/2010
Reviewed Date(s): 02/27/2006, 09/16/2010, 11/09/2015
Attachments:
 
Adm. Procedure
Protection and Privacy of Student Records
Type: School Board Policy
Section: 500 STUDENTS
Code: 515
Adopted Date: 4/27/1982
Revised Date(s): 04/10/2006, 06/13/2011, 12/15/2014, 06/25/2018, 07/13/2021, 08/16/2022, 09/13/2022, 08/29/2023
Reviewed Date(s): 10/27/1997, 11/12/2001, 04/12/2006, 06/13/2011, 12/15/2014, 06/25/2018, 06/15/2021, 09/13/2022, 08/29/2023
Attachments:

I. PURPOSE

The purpose of this policy is to provide information regarding collection, maintenance and dissemination of pupil records and the protection of the privacy rights of students as provided in federal law and state statutes.

II. GENERAL STATEMENT
 
Moorhead Area Public Schools recognizes its responsibility in regard to the collection, maintenance and dissemination of student records and the protection of the privacy rights of students as provided in federal law and state statutes.
 
The following procedures and policies regarding the protection and privacy of parents/guardians and students are adopted by the school district, pursuant to the requirements of 20 United States Code section 1232g, et seq., (Family Educational Rights and Privacy Act (FERPA)) 34 Code of Federal Regulations Part 99 and consistent with the requirements of the Minnesota Government Data Practices Act, Minnesota Statute Chapter 13 and Minnesota Rules Parts 1205.0100-1205.2000.

III. DEFINITIONS
 
A. Authorized Representative
 
"Authorized representative" means any entity or individual designated by the school district, state, or an agency headed by an official of the Comptroller of the United States, the Attorney General of the United States, the Secretary of the U.S. Department of Education, or state and local educational authorities to conduct, with respect to federal or state supported education programs, any audit or evaluation or any compliance or enforcement activity in connection with federal legal requirements that relate to these programs. 
 
B. Biometric Record
 
"Biometric record," as referred to in "Personally Identifiable," means a record of one or more measurable biological or behavioral characteristics that can be used for authorized recognition of an individual (e.g., fingerprints, retina and iris patterns, voice prints, DNA sequence, facial characteristics, and handwriting).
 
C. Dates of Attendance
 
"Dates of attendance," as referred to in "Directory Information," means the period of time during which a student attends or attended a school or schools in the school district, including attendance in person or by paper correspondence, satellite, internet, or other electronic communication technologies for students who are not in the classroom, and including the period during which a student is working under a work-study program. The term does not include specific daily records of a student's attendance at a school or schools in the school district.

D. Directory Information

"Directory information," under federal law, means information contained in an education record of a student which would not generally be considered harmful or an invasion of privacy if disclosed. It includes, but is not limited to: the student's name, grade level, enrollment status (i.e., full-time or part-time), participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, graduation status, honors and awards received, and the most recent previous educational agency or institution attended, and photos in the normal course of school activities and other similar information to include data recorded by cameras on school property, including school buses. 
 
Directory information does not include:
 
1. a student's social security number;
 
2. a student's identification number (ID), user ID, or other unique personal identifier used by a student for purposes of accessing or communicating in electronic systems if the identifier may be used to access education records without use of one or more factors that authenticate the student's identity such as a personal identification number (PIN), password, or other factor known or possessed only by the authorized user;
 
3. a student ID or other unique personal identifier that is displayed on a student ID badge if the identifier can be used to gain access to educational records when used in conjunction with one or more factors that authenticate the student's identity, such as a PIN, password, or other factor known or possessed only by the student;
 
4. personally identifiable data which references religion, race, color, social position, or nationality; or
 
5. data collected from nonpublic school students, other than those who receive shared time educational services, unless written consent is given by the student's parent or guardian.

Under MInnesota law, a school district may not designate a student’s home address, telephone number, email address, or other personal contact information as “directory information.”

E. Education Records

1. What constitutes "education records." Education records means those records which are: (1) directly related to a student; and (2) maintained by the school district or by a party acting for the school district.

2. What does not constitute an education record. The term "education records" does not include:

a. Records of instructional personnel which:

(1) are in the sole possession of the maker of the record;

(2) used only as a personal memory aid;

(3) are not accessible or revealed to any other individual except a temporary substitute for the maker of the record; and

(4) are destroyed at the end of the school year.

b. Records of a law enforcement unit of the school district, provided educational records maintained by the school district are not disclosed to the unit, and the law enforcement records are:

(1) maintained separately from education records;

(2) maintained solely for law enforcement purposes; and

(3) disclosed only to law enforcement officials of the same jurisdiction.

c. Records relating to an individual, including a student, who is employed by the school district which:

(1) are made and maintained in the normal course of business;

(2) are related exclusively to the individual in that individual's capacity as an employee; and

(3) are not available for use for any other purpose.

However, records relating to an individual in attendance at the school district who is employed as a result of his or her status as a student are educational records.

d. Records relating to an eligible student, or a student attending an institution of post-secondary education, which are:

(1) made or maintained by a physician, psychiatrist, psychologist or other recognized professional or paraprofessional acting in his or her professional or paraprofessional capacity or assisting in that capacity;

(2) made, maintained, or used only in connection with the provision of treatment to the student; and

(3) disclosed only to individuals providing the treatment; provided that the records can be personally reviewed by a physician or other appropriate professional of the student's choice. For the purpose of this definition, "treatment" does not include remedial educational activities or activities that are a part of the program of instruction within the school district.

e. Records that only contain information about an individual after he or she is no longer a student at the school district and that are not directly related to the individual's attendance as a student.

f. Grades on peer-related papers before papers are collected and recorded by a teacher.

 

F. Education Support Services Data

 

"Education support services data" means data on individuals collected, created, maintained, used, or disseminated relating to programs administered by a government entity or entity under contract with a government entity designed to eliminate disparities and advance equities in educational achievement for youth by coordinating services available to participants, regardless of the youth's involvement with other government services. Education support services data does not include welfare data under Minnesota Statutes section 13.46.

 

Unless otherwise provided by law, all education support services data are private data on individuals and must not be disclosed except according to Minnesota Statutes section 13.05 or a court order.

 

G. Eligible Student

Eligible student means a student who has attained eighteen (18) years of age or is attending an institution of post-secondary education.

H.  Juvenile Justice System

"Juvenile justice system" includes criminal justice agencies and the judiciary when involved in juvenile justice activities.

I. Legitimate Educational Interest

"Legitimate educational interest" includes interest directly related to classroom instruction, teaching student achievement and progress, discipline of a student and student health and welfare. It includes a person's need to know in order to:

1. perform an administrative task required in the school or employee's contract or position description approved by the School Board;

2. perform a supervisory or instructional task directly related to the student's education; or

3. perform a service or benefit for the student and/or the student's family such as health care, counseling, student job placement or student financial aid.

J. Parent

Parent means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent of the student in the absence of a parent or guardian. The school district may presume the parent has the authority to exercise the rights provided herein, unless it has been provided with evidence that there is a state law or court order governing such matters as marriage dissolution, separation or child custody, or a legally binding instrument which provides to the contrary.

K. Personally Identifiable

Personally identifiable means that the data or information includes, but is not limited to: (a) a student's name; (b) the name of the student's parent or other family member; (c) the address of the student or student's family; (d) a personal identifier such as the student's social security number or student number or biometric record; (e) other direct identifiers, such as the student's date of birth, place of birth, and mother's maiden name; (f) other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances to identify the student with reasonable certainty; or (g) information requested by a person who the school district reasonably believes knows the identity of the student to whom the education record relates.

L. Record

Record means any information or data recorded in any way including, but not limited to, handwriting, print, computer media, video or audio tape, film, microfilm and microfiche.

M. Responsibility Authority

Responsibility authority means the Superintendent, and/or designee such as an assistant superintendent, a building administrator, or other administrative supervisor.

N. Student
Student includes any individual who is or has been in attendance, enrolled, or registered at the school district and regarding whom the school district maintains education records. Student also includes applicants for enrollment or registration at the school district, and individuals who receive shared time educational services from the school district.

O. School Official

School official includes: (a) a person duly elected to the school board; (b) a person employed by the Moorhead School Board in an administrative, supervisory, instructional or other professional position; (c) a person employed by the School Board as a temporary substitute in a professional position for the period of his or her performances as a substitute; and (d) a person employed by, or under a contract to, the School Board to perform a special task such as a secretary, a clerk, an attorney or an auditor for the period of his or her performances as an employee or contractor.

P. Summary Data

Summary data means statistical records and reports derived from data on individuals but in which individuals are not identified and from which neither their identities nor any other characteristics that could uniquely identify the individual is ascertainable.

Q. Other Terms and Phrases

All other terms and phrases shall be defined in accordance with applicable state and federal law or ordinary customary usage.

IV. GENERAL CLASSIFICATION

State law provides that all data collected, created, received or maintained by a school district is public unless classified by state or federal law as not public or private or confidential. State law classifies all data on individuals maintained by a school district which relate to a student as private data on individuals. This data may not be disclosed to parties other than the parent or eligible student without consent, except pursuant to a valid court order, certain state statutes authorizing access, and the provisions of FERPA and the regulations promulgated thereunder.

V. STATEMENT OF RIGHTS

A. Rights of Parents and Eligible Students

Parents and eligible students have the following rights under this policy:

1. The right to inspect and review the student's education records;

2. The right to request the amendment of the student's education records to ensure that they are not inaccurate, misleading or otherwise in violation of the student's privacy or other rights;

3. The right to consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that such consent is not required for disclosure pursuant to this policy, state or federal law, or the regulations promulgated thereunder;

4. The right to refuse release of names, addresses, and home telephone numbers of students in grades 11 and 12 to military recruiting officers and post-secondary educational institutions.

5. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the school district to comply with the federal law and the regulations promulgated thereunder;

6. The right to be informed about rights under the federal law; and

7. The right to obtain a copy of this policy at the location set forth in Section XXI. of this policy.

B. Eligible Students

All rights and protections given parents under this policy transfer to the student when he or she reaches eighteen (18) years of age or enrolls in an institution of post-secondary education. The student then becomes an "eligible student."  However, the parents of an eligible student who is also a "dependent student" are entitled to gain access to the educational records of such student without first obtaining the consent of the student. In addition, parents of an eligible student may be given access to education records in connection with a health or safety emergency if the disclosure meets the conditions of any provision set forth in 34 Code of Federal Regulations 99.31(a).

C. Students with a Disability
 
The school district shall follow 34 Code of Federal Regulations 300.610-300.627 with regard to the confidentiality of information related to students with a disability.

VI. DISCLOSURE OF EDUCATION RECORDS

A. Consent Required for Disclosure

1. The school district shall obtain a signed and dated written informed consent of the parent of a student or the eligible student before disclosing personally identifiable information from the education records of the student, except as provided herein.

2. The written consent required by this subdivision must be signed and dated by the parent of the student or the eligible student giving the consent and shall include:

a. a specification of the records to be disclosed;

b. the purpose or purposes of the disclosure;

c. the party or class of parties to whom the disclosure may be made;

d. the consequences of giving informed consent; and

e. if appropriate, a termination date for the consent.

3. When a disclosure is made under this subdivision:

a. if the parent or eligible student so requests, the school district shall provide him or her with a copy of the records disclosed; and

b. if the parent of a student who is not an eligible student so requests, the school district shall provide the student with a copy of the records disclosed.

4. A signed and dated written consent may include a record and signature in electronic form that:

a. identifies and authenticates a particular person as the source of the electronic consent; and

b. indicates such person's approval of the information contained in electronic consent.

5. If the responsibility authority seeks an individual's informed consent to the release of private data to an insurer, informed consent shall not be deemed to have been given unless the statement is:

a. in plain language;

b. dated;

c. specific in designating the particular persons or agencies the data subject is authorizing to disclose information about the data subject;

d. specific as to the nature of the information the subject is authorizing to be disclosed;

e. specific as to the persons or agencies to whom the subject is authorizing information to be disclosed;

f. specific as to the purpose or purposes for which the information may be used by any of the parties named in clause e., both at the time of the disclosure and at any time in the future; and

g. specific as to its expiration date which should be within a reasonable time, not to exceed one year except in the case of authorizations given in connection with applications for life insurance or noncancellable or guaranteed renewable health insurance and identified as such, two years after the date of the policy, or medical assistance under Minnesota Statute chapter 256B or Minnesota Care under Minnesota Statute chapter 256L, which shall be ongoing during all terms of eligibility, for individualized education program health-related services provided by a school district that are subject to third party reimbursement.

6. Eligible student consent. Whenever a student has attained eighteen (18) years of age or is attending an institution of post-secondary education, the rights accorded to and the consent required of the parent of the student shall thereafter only be accorded to and required of the eligible student, except as provided in Section V. of this policy.

B. Prior Consent for Disclosure Not Required

Moorhead Area Public Schools may disclose personally identifiable information from the education records of a student without written consent of the parent of the student or the eligible student unless otherwise provided herein, if the disclosure is:

1. To other school officials, including teachers, within the school district whom the school district determines have a legitimate educational interest in such records;

2. To a contractor, consultant, volunteer, or other party to whom the school district has outsourced institutional services or functions provided that the outside party;
 
a. performs an institutional service or function for which the school district would otherwise use employees;
 
b. is under the direct control of the school district with respect to the use and maintenance of education records; and
 
c. will not disclose the information to any other party without the prior consent of the parent or eligible student and uses the information only for the purposes for which the disclosure was made.
 
3. To officials of other schools, school districts, or post-secondary educational institutions in which the student seeks or intends to enroll, or is already enrolled, as long as the disclosure is for purposes related to the student's enrollment or transfer. The records shall include information about disciplinary action taken as a result of any incident in which the student possessed or used a dangerous weapon, and with proper annual notice (see Section XIX.), suspension and expulsion information pursuant to section 7917 of the federal Every Student Succeeds Act 20 United States Code section 7917, and if applicable, data regarding a student's history of violent behavior (refer to Moorhead School Board Policy 555: Notification of Staff Regarding Placement of Students with Violent Behaviors). The records also shall include a copy of any probable cause notice or any disposition or court order under Minn. Stat. 260B.171, unless the data are required to be destroyed under Minnesota Statute 120A.22, Subdivision 7(c) or 121A.75. On request, the school district will provide the parent or eligible student with a copy of the education records which have been transferred and provide an opportunity for a hearing to challenge the content of those records in accordance with Section XV. of this policy.
 
4. To authorized representatives of the Comptroller General of the United States, the Secretary of the U.S. Department of Education, or an official or employee of the Department of Education acting for the Secretary under a delegation of authority, or the Commissioner of the State Department of Education or his or her representative, subject to the conditions relative to such disclosure provided under federal law;

5. In connection with financial aid for which a student has applied or has received, if the information is necessary for such purposes as to:

a. determine eligibility for the aid;

b. determine the amount of the aid;

c. determine conditions for the aid; or

d. enforce the terms and conditions of the aid.

"Financial aid" for purposes of this provision means of payment of funds provided to an individual or a payment in kind of tangible or intangible property to the individual that is conditioned on the individual's attendance at an educational agency or institution.

6. To state and local officials or authorities to whom such information is specifically required to be reported or disclosed by state statute adopted:

a. before November 19, 1974, if the allowed reporting or disclosure concerns the juvenile justice system and such system's ability to effectively serve the student whose records are released; or

b. after November 19, 1974, if the reporting or disclosure allowed by state statute concerns the juvenile justice system and the system's ability to effectively serve, prior to adjudication, the student whose records are released, provided the officials and authorities to whom the records are disclosed certify in writing to the school district that the data will not be disclosed to any other party, except as provided by state law, without the prior written consent of the parent of the student. At a minimum, the school district shall disclose the following information to the juvenile justice system under this paragraph: a student's full name, home address, telephone number, and the date of birth; a student's school schedule, attendance record, and photographs, if any; and parents' names, home addresses, and telephone numbers.

7. To organizations conducting studies for or on behalf of educational agencies or institutions for the purpose of developing, validating or administering predictive tests, administering student aid programs or improving instruction; provided that the studies are conducted in a manner which does not permit the personal identification of parents or students by individuals other than representatives of the organization, and the information is destroyed when no longer needed for the purposes for which the study was conducted, and the school district enters into a written agreement with the organization that: (1) specifies the purpose, scope, and duration of the study or studies and the information to be disclosed; (b) requires the organization to use personally identifiable information from education records only to meet the purpose or purposes of the study as stated in the written agreement; (c) requires the organization to conduct the study in a manner that does not permit personal identification of parents and students by anyone other than representatives of the organization with legitimate interests; and (d) requires the organization to destroy or return to the school district all personally identifiable information when information is no longer needed for the purposes for which the study was conducted and specifies the time period in which the information must be returned or destroyed. For purposes of this provision, the term "organizations" includes, but is not limited to, federal, state and local agencies and independent organizations. In the event the Department of Education determines that a third party outside of the school district to whom information is disclosed violates this provision, the school district may not allow that third party access to personally identifiable information from education records for at least five (5) years;

8. To accrediting organizations in order to carry out their accrediting functions;

9. To parents of a student eighteen (18) years of age or older if the student is a dependent of the parents for income tax purposes;

10. To comply with a judicial order or lawfully issued subpoena, provided, however, that the school district makes a reasonable effort to notify the parent or eligible student of the order or subpoena in advance of compliance therewith so that the parent or eligible student may seek protective action, unless the disclosure is in compliance with a federal grand jury subpoena, or any other subpoena issued for law enforcement purposes, and the court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed, or the disclosure is in compliance with an ex parte court order obtained by the United States Attorney General (or designee not lower than an Assistant Attorney General) concerning investigations or prosecutions of an offense listed in 18 United States Code section 2332b(g)(5)(B), an act of domestic or international terrorism as defined in 18 United States Code section 2331, or a parent is a party to a court proceeding involving child abuse and neglect or dependency matters, and the order is issued in the context of the proceeding.  If the school district initiates legal action against a parent or student it may disclose to the court, without a court order or subpoena, the education records of the student that are relevant for the school district to proceed with the legal action as plaintiff. Also, if a parent or eligible student initiates a legal action against the school district, the school district may disclose to the court, without a court order or subpoena, the student's education records that are relevant for the school district to defend itself;
 
11. To appropriate parties, including parents of an eligible student, in connection with an emergency if knowledge of the information is necessary to protect the health, including the mental health, or safety of the student or other individuals. The decision is to be based upon information available at the time the threat occurs that indicates that there is an articulable and significant threat to the health or safety of a student or other individuals. In making a determination whether to disclose information under this section, the school district may take into account the totality of the circumstances pertaining to a threat and may disclose information from education records to any person whose knowledge of the information is necessary to protect the health or safety of the student or other students. A record of this disclosure must be maintained pursuant to Section XIII.E. of this policy. In addition, an educational agency or institution may include in the educational records of a student appropriate information concerning disciplinary action taken against the student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community. This information may be disclosed to teachers and school officials within the school district and/or teachers and school officials in other schools who have legitimate educational interests in the behavior of the student;
 
12. To the juvenile justice system if information about the behavior of a student who poses a risk of harm is reasonably necessary to protect the health or safety of the student or other individuals;
 
13. Information the school district has designated as "directory information" pursuant to Section VII. of this policy;
 
14. To military recruiting officers and post-secondary educational institutions pursuant to Section XI. of this policy;
 
15. To the parent of a student who is not an eligible student or to the student himself or herself;
 
16. To appropriate health authorities to the extent necessary to administer immunization programs and for bona fide epidemiological investigations which the commissioner of health determines are necessary to prevent diseases or disability to individuals in the public educational agency or institution in which the investigation is being conducted;
 
17. To volunteers who are determined to have a legitimate educational interest in the data and who are conducting activities and events sponsored by or endorsed by the educational agency or institution for students or former students;
 
18. To the juvenile justice system, on written request that certifies that the information will not be disclosed to any other person except as authorized by law without the written consent of the parent of the student:

a. the following information about a student must be disclosed: a student's full name, home address, telephone number, date of birth; a student's school schedule, daily attendance record, and photographs, if any; and any parents' names, home addresses, and telephone numbers;

b. the existence of the following information about a student, not the actual data or other information contained in the student's educational record, may be disclosed provided that a request for access must be submitted on the statutory form and it must contain an explanation of why access to the information is necessary to serve the student: (1) use of a controlled substance, alcohol, or tobacco; (2) assaultive or threatening conduct that could result in dismissal from school under the Pupil Fair Dismissal Act; (3) possession or use of weapons or look-alike weapons; (4) theft; or (5) vandalism or other damage to property. Prior to releasing this information, the building administrator or chief administrative officer of a school who receives such a request must, to the extent permitted by federal law, notify the student's parent or guardian by certified mail of the request to disclose information. If the student's parent or guardian notifies the school official of an objection to the disclosure within ten (10) days of receiving certified notice, the school official must not disclose the information and instead must inform the requesting member of the juvenile justice system of the objection. If no objection from the parent or guardian is received within fourteen (14) days, the school official must respond to the request for information.

The written requests of the juvenile justice system member(s), as well as a record of any release, must be maintained in the student's file;
 
19. To the building administrator where the student attends and to any counselor directly supervising or reporting on the behavior or progress of the student if it is information from a disposition order received by a Superintendent under Minnesota Statute 260B.171, subdivision 3. The building administrator must notify the counselor immediately and must place the disposition order in the student's permanent education record. The building administrator also must notify immediately any teacher or administrator who directly supervises or reports on the behavior or progress of the student whom the building administrator believes needs the information to work with the student in an appropriate manner, to avoid being needlessly vulnerable, or to protect other persons from needless vulnerability. The building administrator may also notify other school district employees, substitutes, and volunteers who are in direct contact with the student if the building administrator determines that these individuals need the information to work with the student in an appropriate manner, to avoid being needlessly vulnerable, or to protect other persons from needless vulnerability. Such notices from the building administrator must identify the student, outline the offense, and describe any conditions of probation about which the school must provide information if this information is provided in the disposition order.  Disposition order information received is private educational data received for the limited purpose of serving the educational needs of the student and protecting students and staff. The information may not be further disseminated by the counselor, teacher, administrator, staff member, substitute, or volunteer except as necessary to serve the student, to protect students and staff, or as otherwise required by law, and only to the student or the student's parent or guardian;
 
20. To the building administrator where the student attends if it is information from a peace officer's record of children received by a Superintendent under Minnesota Statute 260B.171, Subdivision 5. The building administrator must place the information in the student's educational record. The building administrator also must notify immediately any teacher, counselor, or administrator directly supervising the student whom the building administrator believes needs the information to work with the student in an appropriate manner, to avoid being needlessly vulnerable, or to protect other persons from needless vulnerability. The building administrator may also notify other district employees, substitutes, and volunteers who are in direct contact with the student if the building administrator determines that these individuals need the information to work with the student in an appropriate manner, to avoid being needlessly vulnerable, or to protect other persons from needless vulnerability. Such notices from the building administrator must identify the student and describe the alleged offense if this information is provided in the peace officer's notice. Peace officer's record information received is private educational data received for the limited purpose of serving the educational needs of the student and protecting students and staff. The information must not be further disseminated by the counselor, teacher, administrator, staff member, substitute, or volunteer except to communicate with the student or the student's parent or guardian as necessary to serve the student, to protect students and staff, or as otherwise required by law. The building administrator must delete the peace officer's record from the student's educational record, destroy the data, and make reasonable efforts to notify any teacher, counselor, staff member, administrator, substitute, or volunteer who received information from the peace officer's record if the county attorney determines not to proceed with a petition or directs the student into a diversion or mediation program or if a juvenile court makes a decision on a petition and the county attorney or juvenile court notifies the Superintendent of such action; or
 
21. To the Secretary of Agriculture, or authorized representative from the Food and Nutrition Service or contractors acting on behalf of the Food and Nutrition Service, for the purposes of conducting program monitoring, evaluations, and performance measurements of state and local educational and other agencies and institutions receiving funding or providing benefits of one or more programs authorized under the National School Lunch Act or the Child Nutrition Act of 1966 for which the results will be reported in an aggregate form that does not identify any individual, on the conditions that: (a) any data collected shall be protected in a manner that will not permit the personal identification of students and their parents/guardians by other than the authorized representatives of the Secretary; and (b) any personally identifiable data shall be destroyed when the data are no longer needed for program monitoring, evaluations and performance measurements.
 
22. To an agency caseworker or other representative of a State or local child welfare agency, or tribal organization (as defined in United States Code of 5304), who has the right to access a student's case plan, as defined and determined by the State or tribal organization, when such agency or organization is legally responsible, in accordance with State or tribal law, for the care and protection of the student, provided that the education records, of the student will not be disclosed by such agency or organization, except to an individual or entity engaged in addressing the student's education needs and authorized by such agency or organization to receive such disclosure and such disclosure is consistent with the State or tribal laws applicable to protecting the confidentiality of a student's education records.

C. Nonpublic School Students

The school district may disclose personally identifiable information from the education records of a nonpublic school student, other than a student who receives shared time educational services, without the written consent of the parent of the student or the eligible student unless otherwise provided herein, if the disclosure is:

1. Pursuant to a valid court order;

2. Pursuant to a statute specifically authorizing access to the private data; or

3. To appropriate health authorities to the extent necessary to administer immunization programs and for bona fide epidemiological investigations which the commissioner of health determines are necessary to prevent disease or disability to individuals in the public educational agency or institution in which the investigation is being conducted.

VII. RELEASE OF DIRECTORY INFORMATION

A. Educational Data

1. Educational data designated as directory information is public data on individuals to the extent required under federal law. Directory information must be designated pursuant to the provisions of:

  1. Minnesota Statutes, section 13.32, subdivision 5; and

  1. United States Code, title 20, section 1232g, and Code of Federal Regulations, title 34, section 99.37, which were in effect on January 3, 2012.

2. The school district may not designate a student’s home address, telephone number, email address, or other personal contact information as directory information under this section.

3. When requested, the school district must share personal contact information and directory information, whether public or private, with the Minnesota Department of Education, as required for federal reporting purposes.


B. Former Students

Unless a former student validly opted out of the release of directory information while the student was in attendance and has not rescinded the opt out request at any time, the school district may disclose directory information from the education records generated by it regarding the former student without meeting the requirements of Paragraph C. of this section. In addition, under an explicit exclusion from the definition of an "education record," Moorhead Area Public Schools may release records that only contain information about an individual obtained after he or she is no longer a student at the school district and that are not directly related to the individual's attendance as a student (e.g., a student's activities as an alumnus of the school district).

C. Present Students and Parents

The school district may disclose directory information from the education records of a student without prior written consent of the parent of the student or eligible student, except as provided herein. 

1. When conducting the directory information designation and notice process required by federal law, the school district shall give parents and students notice of the right to refuse to let the district designate specified data about the student as directory information.

1. The school district shall give annual notice by any means that are reasonably likely to inform the parents and eligible students of:

a. the types of personally identifiable information that the school district has designated as directory information;

b. the parent's or eligible student's right to refuse to let the school district designate any or all of those types of information about the student as directory information; and

c. the period of time in which a parent or eligible student has to notify the school district in writing that he or she does not want any or all of those types of information about the student designated as directory information.

2. Allow a reasonable period of time after such notice has been given for a parent or eligible student to inform the school district, in writing, that any or all of the information so designated should not be disclosed without the parent's or eligible student's prior written consent, except as provided in Section VI. of this policy.
 
3. A parent or eligible student may not opt-out of the directory information disclosures to:
 
a. prevent the school district from disclosing or requiring the student to disclose the student's name, identifier, or school district e-mail address in a class in which the student is enrolled; or
 
b. prevent the school district from requiring a student to wear, to display publicly, or to disclose a student ID card or badge that exhibits information that may be designated as directory information and that has been properly designated by the school district as directory information. 
 
4. The school district shall not disclose or confirm directory information without meeting the written consent requirements contained in Section VI.A. of this policy if a student's social security number or other non-directory information is used alone or in combination with other data elements to identify or help identify the student or the student's records.
 
D. Procedure for Obtaining Nondisclosure of Directory Information

The parent's or eligible student's written notice shall be directed to the responsible authority and shall include the following:

1. Name of the student;

2. Home address;

3. School presently attended by student;

4. Parent's legal relationship to student, if applicable; and

5. Specific categories of directory information to be made not public without the parent's or eligible student's prior written consent, which shall only be applicable for that school year.

E. Duration

The designation of any information as directory information about a student will remain in effect for the remainder of the school year unless the parent or eligible student provides the written notifications provided herein.

VIII. DISCLOSURE OF PRIVATE RECORDS

A. Private Records

For the purposes herein, education records are records which are classified as private data on individuals by state law and which are accessible only to the student subject of the data and the student's parent if the student is not an eligible student. The school district may not disclose private records or their contents except as summary data, or except as provided in Section VI. of this policy, without the prior written consent of the parent or the eligible student. The school district will use reasonable methods to identify and authenticate the identity of parents, students, school officials, and any other party to whom personally identifiable information from education records is disclosed.

B. Private Records Not Accessible to Parent

In certain cases state law intends, and clearly provides, that certain information contained in the education records of the school district pertaining to a student be accessible to the student alone, and to the parent only under special circumstances, if at all.

1. The responsible authority may deny access to private data by a parent when a minor student who is the subject of data requests that the responsible authority deny such access. The minor student's request must be submitted in writing setting forth the reasons for denying access to the parent and must be signed by the minor. Upon receipt of such request the responsible authority shall determine if honoring the request to deny the parent access would be in the best interest of the minor data subject. In making this determination the responsible authority shall consider the following factors:

a. whether the minor is of sufficient age and maturity to be able to explain the reasons for and understand the consequences of the request to deny access;

b. whether the personal situation of the minor is such that denying parental access may protect the minor data subject from physical or emotional harm;

c. whether there are grounds for believing that the minor data subject's reasons for precluding parental access are reasonably accurate;

d. whether the data in question is of such a nature that disclosure of it to the parent may lead to physical or emotional harm to the minor data subject; and

e. whether the data concerns medical, dental or other health services provided pursuant to Minnesota Statutes sections 144.341 to 144.347, in which case the data may be released only if the failure to inform the parent would seriously jeopardize the health of the minor.

C. Private Records Not Accessible to Student

Students shall not be entitled to access private data concerning financial records and statements of the student's parent or any information contained therein.

IX. DISCLOSURE OF CONFIDENTIAL RECORDS

A. Confidential Records

Confidential records are those records and data contained therein which are made not public by state or federal law, and which are inaccessible to the student and the student's parents or an eligible student.

B. Reports under the Maltreatment of Minors Reporting Act

Pursuant to Minnesota Statutes Chapter 260E, written copies of reports pertaining to a neglected and/or physically and/or sexually abused child shall be accessible only to the appropriate welfare and law enforcement agencies. In respect to other parties, such data shall be confidential and will not be made available to the parent or the subject individual by the school district. The data subject, however, may obtain a copy of the report from either the local welfare agency, county sheriff or the local police department subject to the provisions of Minnesota Statutes Chapter 260E.

Regardless of whether a written report is made under Minnesota Statutes Chapter 260E, as soon as practicable after a school receives information regarding an incident that may constitute maltreatment of a child in a school facility, the school shall inform the parent, legal guardian, or custodian of the child that an incident occurred that may constitute maltreatment of the child, when the incident occurred, and the nature of the conduct that may constitute maltreatment.

C. Investigative Data

Data collected by the school district as part of an active investigation undertaken for the purpose of the commencement or defense of pending civil legal action, or which are retained in anticipation of a pending civil legal action are classified as protected nonpublic data in the case of data not on individuals, and confidential data in the case of data on individuals.

1. The school district may make any data classified as protected nonpublic or confidential pursuant to this subdivision accessible to any person, agency or the public if the school district determines that such access will aid the law enforcement process, promote public health or safety, or dispel widespread rumor or unrest.
 
2. A complainant has access to a statement provided by the complainant to the school district.
 
3. Parents or eligible students may have access to investigative data of which the student is the subject, but only to the extent the data is not inextricably intertwined with data about other school district students, school district employees, and/or attorney data as defined in Minnesota Statute 13.393.
 
4. Once a civil investigation becomes inactive, civil investigative data becomes public unless the release of the data would jeopardize another pending civil legal action, except for those portions of such data that are classified as not public data under state or federal law. Any civil investigative data presented as evidence in court or made part of a court record shall be public. For purposes of this provision, a civil investigation becomes inactive upon the occurrence of any of the following events:
 
a. a decision by the school district, or by the chief attorney for the school district, not to pursue the civil legal action. However, such investigation may subsequently become active if the school district or its attorney decides to renew the civil legal action;

b. the expiration of the time to file a complaint under the statute of limitations or agreement applicable to the civil legal action; or

c. the exhaustion or expiration of rights of appeal by either party to the civil legal action.
 
5. A "pending civil legal action" for purposes of this subdivision is defined as including, but not limited to, judicial, administrative or arbitration proceedings.
 
D. Chemical Abuse Records
 
To the extent the school district maintains records of the identity, diagnosis, prognosis, or treatment of any student which are maintained in connection with the performance of any drug abuse prevention function conducted, regulated, or directly or indirectly assisted by any department or agency of the United States, such records are classified as confidential and shall be disclosed only for the purposes and under the circumstances expressly authorized by law.
 

X. DISCLOSURE OF SCHOOL RECORDS PRIOR TO EXCLUSION OR EXPULSION HEARING

At a reasonable time prior to any exclusion or expulsion hearing the student, the student's parent or guardian or representative shall be given access to all school district records pertaining to the student, including any tests or reports upon which the action proposed by the school district may be based, pursuant to the Minnesota Pupil Fair Dismissal Act, Minnesota Statute 127.26 et seq.

XI. DISCLOSURE OF DATA TO MILITARY RECRUITING OFFICERS

A. Moorhead Area Public Schools will release the names, addresses, and home telephone numbers of students in grades 11 and 12 to military recruiting officers and post-secondary educational institutions within sixty (60) days after the date of the request unless a parent or eligible student has refused in writing to release this data pursuant to Paragraph C. below.

B. Data released to military recruiting officers under this provision:

(1) may be used only for the purpose of providing information to students about military service, state and federal veterans' education benefits, and other career and educational opportunities provided by the military; and

(2) cannot be further disseminated to any other person except personnel of the recruiting services of the armed forces.

C. A parent or eligible student has the right to refuse the release of the above information to military recruiting officers and post-secondary educational institutions. To refuse the release of the above information to military recruiting officers and post-secondary educational institutions, a parent or eligible student must notify the responsible authority (building administrator) in writing by September 1 each year. The written request must include the following information:

1. Name of student and parent, as appropriate;

2. Home address;

3. Student's grade level;

4. School presently attended by student;

5. Parent's legal relationship to student, if applicable; and

6. Specific category or categories of information which are to be released to military recruiting officers and post-secondary educational institutions; and

7. Specific category or categories of directory information which are not to be released to the public, including military recruiting officers and post-secondary educational institutions.

D. Annually, Moorhead Area Public Schools will provide public notice by any means that are reasonably likely to inform the parents and eligible students of the parent's or eligible student's right to refuse to release the names, addresses, and home phone numbers of students in grades 11 and 12 without prior consent.

E. A parent or eligible student's refusal to release the above information to military recruiting officers and post-secondary educational institutions does not affect the school district's release of directory information to the public, which includes military recruiting officers and post-secondary educational institutions. In order to make any directory information about a student private, the procedures contained in Section VII. of this policy must be followed. Accordingly, to the extent the school district has designated the name and grade level of student as directory information, absent a request from a parent or eligible student not to release such data, this information will be public data and accessible to members of the public, including military recruiting officers and post-secondary educational institutions.

XII. LIMITS ON REDISCLOSURE

A. Redisclosure

Consistent with the requirements herein, the school district may only disclose personally identifiable information from the education records of a student on the condition that the party to whom the information is to be disclosed will not disclose the information to any other party without the prior written consent of the parent of the student or the eligible student, except that the officers, employees and agents of any party receiving personally identifiable information under this Section may use the information, but only for the purposes for which the disclosure was made.

B. Redisclosure Not Prohibited

1. Subdivision A. of this section does not prevent the school district from disclosing personally identifiable information under Section VI. of this policy with the understanding that the party receiving the information may make further disclosures of the information on behalf of the school district provided:

a. The disclosures meet the requirements of Section VI. of this policy; and

b. The school district has complied with the recordkeeping requirements of Section XIII. of this policy.

2. Subdivision A. of this section does not apply to disclosures made pursuant to court orders or lawfully issued subpoenas or litigation, to disclosures of directory information, to disclosures to a parent or student, or to parents of dependent students, or to disclosures concerning sex offenders and other individuals required to register under 42 United States Code section 14071. However, the school district must provide the notification required under Section XII.D. of this policy if a redisclosure is made based upon a court order or lawfully issued subpoena.

C. Classification of Disclosed Data

The information disclosed shall retain the same classification in the hands of the party receiving it as it had in the hands of the school district.

D. Notification

The school district shall inform the party to whom a disclosure is made of the requirements set forth in this section, except for disclosures made pursuant to court orders or lawfully issued subpoenas, disclosure of directory information under Section VII. of this policy, disclosures to a parent or student, or disclosures to parents of a dependent student.  In the event that the Family Policy Compliance Office determines that a state or local educational authority, a federal agency headed by an official listed in 34 Code of Federal Regulations section 99.31(a)(3), or an authorized representative of a state or local educational authority or a federal agency headed by an official listed in section 99.31(a)(3), or a third party outside of the school district improperly rediscloses personally identifiable information from education records or fails to provide notification required under this section of this policy, the school district may not allow that third party access to personally identifiable information from education records for at least five (5) years.

XIII. RESPONSIBLE AUTHORITY, RECORD SECURITY; AND RECORD KEEPING

A. Responsibility Authority

The responsible authority shall be responsible for the maintenance and security of student records.

B. Record Security

The building administrator of each school subject to the supervision and control of the responsible authority shall be the records manager of the school, and shall have the duty of maintaining and securing the privacy and/or confidentiality of student records.

C. Plan for Securing Student Records

The building administrator shall submit to the responsible authority a written plan for securing student records by September 1 of each school year. The written plan shall contain the following information:

1. A description of records maintained;

2. Titles and addresses of person(s) responsible for the security of student records;

3. Location of student records, by category, in the buildings;

4. Means of securing student records; and

5. Procedures for access and disclosure.

D. Review of Written Plan for Securing Student Records

The responsible authority shall review the plans submitted pursuant to Paragraph C. of this section for compliance with the law, this policy and the various administrative policies of the school district. The responsible authority shall then promulgate a chart incorporating the provisions of Paragraph C. which shall be attached to and become a part of this policy.

E. Recordkeeping

1. The building administrator shall, for each request for and each disclosure of personally identifiable information from the education records of a student, maintain a record with the education records of the student which indicates:

a. the parties who have requested or received personally identifiable information from the education records of the student;

b. the legitimate interests these parties had in requesting or obtaining the information; and
 
c. the names of the state and local educational authorities and federal officials and agencies listed in Section VI.B.4. of this policy that further disclosures of personally identifiable information from the student's education records without consent.

2. In the event the school district discloses personally identifiable information from an education record of a student pursuant to Section XII. of this policy, the record of disclosure required under this section shall also include: 

a. the names of the additional parties to which the receiving party may disclose the information on behalf of the school district;

b. the legitimate interests under Section VI. of this policy which each of the additional parties has in requesting or obtaining the information; and
 
c. a copy of the record of further disclosures maintained by a state or local educational authority or federal official or agency listed in Section VI.B.4. of this policy in accordance with 34 Code of Federal Regulations 99.32 and to whom the school district disclosed information from an education record. The school district shall request a copy of the record of further disclosures from a state or local educational authority or federal official or agency to whom education records were disclosed upon a request from a parent or eligible student to review the record of requests for disclosure. 


3. Section XIII.E.1. does not apply to requests by or disclosure to a parent of a student or an eligible student, disclosures pursuant to the written consent of a parent of a student or an eligible student, requests by or disclosures to other school officials under Section VI. of this policy, or to requests for disclosures of directory information under Section VII. of this policy, or to a party seeking or receiving the records as directed by a federal grand jury or other law enforcement subpoena and the issuing court or agency has ordered that the existence or the contents of the subpoena or the information provided in response to the subpoena not be disclosed or as directed by an ex parte court order obtained by the United State Attorney General (or designees not lower than an Assistant Attorney General) concerning investigations or prosecutions of an offense listed in 18 United States Code section 2332b(g)(5)(B) or an act of domestic or international terrorism.

4. The record of requests of disclosures may be inspected by: 

a. the parent of the student or eligible student;

b. the school official or his or her assistants who are responsible for the custody of the records; and

c. the parties authorized by law to audit the recordkeeping procedures of the school district.

5. The school district shall record the following information when it discloses personally identifiable information from education records under the health or safety emergency exception:
 
a. the articulate and significant threat to the health or safety of a student or other individual that formed the basis for the disclosure and 
 
b. the parties to whom the school district disclosed the information.
 
6. The record of requests and disclosures shall be maintained with the education records of the student as long as the school district maintains the student's education records.
 
XIV. RIGHT TO INSPECT AND REVIEW EDUCATION RECORDS

A. Parent of a Student, an Eligible Student or the Parent of an Eligible Student Who is Also a Dependent Student

The school district shall permit the parent of a student or an eligible student who is or has been in attendance in the school district to inspect or review the education records of the student, except those records which are made confidential by state or federal law or as otherwise provided in Section VI. of this policy.

B. Response to Request for Access

The school district shall respond to any request pursuant to Subdivision A of this section immediately, if possible, or within ten (10) days of the date of the request, excluding Saturdays, Sundays and legal holidays.

C. Right to Inspect and Review

The right to inspect and review education records under Subdivision A of this section includes:

1. The right to a response from the school district to reasonable requests for explanations and interpretations of records; and

2. If circumstances effectively prevent the parent or eligible student from exercising the right to inspect and review the education records, the school district shall provide the parent or eligible student with a copy of the records requested, or make other arrangements for the parent or eligible student to inspect and review the requested records.

3. Nothing in this policy shall be construed as limiting the frequency of inspection of the educational records of a student with a disability by the student's parent or guardian or by the student upon the student reaching the age of majority.

D. Form of Request

Parents or eligible students shall submit to the school district a written request to inspect education records which identify as precisely as possible the record or records he or she wishes to inspect.

E. Collection of Student Records

If a student's education records are maintained in more than one location, the responsible authority may collect copies of the records or the records themselves from the various locations so they may be inspected at one site. However, if the parent or eligible student wishes to inspect these records where they are maintained, the school district shall attempt to accommodate those wishes. The parent or eligible student shall be notified of the time and place where the records may be inspected.

F. Records Containing Information on More Than One Student

If the education records of a student contain information on more than one student, the parent or eligible student may inspect and review or be informed of only the specific information which pertains to that student.

G. Authority to Inspect or Review

The school district may presume that either parent of the student has authority to inspect or review the education records of a student unless the school district has been provided with evidence that there is a legally binding instrument or a state law or court order governing such matters as marriage dissolution, separation or custody which provides to the contrary.

H. Fees for Copies of Records

1. The school district shall charge a reasonable fee for providing photocopies or printed copies of records unless printing a copy is the only method to provide for the inspection of data. In determining the amount of the reasonable fee, the school district shall consider the following:

a. the cost of materials, including paper, used to provide the copies;

b. the cost of the labor required to prepare the copies;

c. any schedule of standard copying charges established by the school district in its normal course of operations;

d. any special costs necessary to produce such copies from machine-based recordkeeping systems, including but not limited to computers and microfilm systems; and

e. mailing costs.

2. If 100 or fewer pages of black and white, letter or legal size paper copies are requested, actual costs shall not be used, and instead, the charge shall be not more than 25 cents for each page copied.

3. The cost of providing copies shall be borne by the parent or eligible student.

4. The responsible authority, however, may not impose a fee for a copy of an education record made for a parent or eligible student if doing so would effectively prevent or, in the case of a student with a disability, would impair the parent or eligible student from exercising their right to inspect or review the student's education records.

5. The school district reserves the right to make a charge for copies such as transcripts it forwards to potential employers or post-secondary institutions for employment or admissions purposes. The fee for such copies and other copies forwarded to third parties with prior consent as a convenience will be the actual search/retrieval and copying costs, plus postage, if that is involved.

XV. REQUESTS TO AMEND RECORDS; PROCEDURES TO CHALLENGE DATA

A. Requests to Amend Education Records

The parent of a student or an eligible student who believes that information contained in the education records of the student is inaccurate, misleading or violates the privacy or other rights of the student may request that the school district amend those records.

1. The request shall be in writing, shall identify the item the requester believes to be inaccurate, misleading or in violation of the privacy or other rights of the student, shall state the reason for this belief, and shall specify the correction the requester wishes the school district to make. The request shall be signed and dated by the requester.

2. The school district shall decide whether to amend the education records of the student in accordance with the request within thirty (30) days after receiving the request.

3. If the school district decides to refuse to amend the education records of the student in accordance with the request, it shall so inform the parent of the student or the eligible student of the refusal and advise the parent or eligible student of the right to a hearing under Subdivision B. of this section.

B. Right to a Hearing

If the school district refuses to amend the education records of a student, the school district shall, on request, provide an opportunity for a hearing in order to challenge the content of the student's education records to ensure that information in the education records of the student is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student. A hearing shall be conducted in accordance with Subdivision C. of this section.

1. If, as a result of the hearing, the school district decides that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, it shall amend the education records of the student accordingly, so inform the parent of the student or the eligible student in writing.

2. If, as a result of the hearing, the school district decides that the information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, it shall inform the parent or eligible student of the right to place a statement in the record commenting on the contested information in the record or stating why he or she disagrees with the decision of the school district, or both.

3. Any statement placed in the education records of the student under Subdivision B. of this section shall:

a. be maintained by the school district as part of the education records of the student so long as the record or contested portion thereof is maintained by the school district; and

b. if the education records of the student or the contested portion thereof is disclosed by the school district to any party, the explanation shall also be disclosed to that party.

C. Conduct of Hearing

1. The hearing shall be held within a reasonable period of time after the school district has received the request, and the parent of the student or the eligible student shall be given notice of the data, place and time reasonably in advance of the hearing.

2. The hearing may be conducted by any individual, including an official of the school district who does not have a direct interest in the outcome of the hearing. The School Board attorney shall be in attendance to present the School Board's position and advise the designated hearing officer on legal and evidentiary matters.

3. The parent of the student or eligible student shall be afforded a full and fair opportunity for hearing to present evidence relative to the issues raised under Subdivisions A. and B. of this section and may be assisted or represented by individuals of his or her choice at his or her own expense, including an attorney.

4. The school district shall make a decision in writing within a reasonable period of time after the conclusion of the hearing. The decision shall be based solely on evidence presented at the hearing and shall include a summary of evidence and reasons for the decision.

D. Appeal

The final decision of the designated hearing officer may be appealed in accordance with the applicable provisions of the Minnesota Statutes chapter 14 relating to contested cases.

XVI. PROBLEMS ACCESSING DATA

A. The data practices compliance official is the designated employee to whom persons may direct questions or concerns regarding problems in obtaining access to data or other data practices problems.

B. Data practices compliance official means Superintendent or designee. 

C. Any request by an individual with a disability for reasonable modifications of the school district's policies or procedures for purposes of accessing records shall be made to the data practices compliance official.

XVII. COMPLAINTS FOR NONCOMPLIANCE WITH FERPA

A. Where to File Complaints

Complaints regarding alleged violations of rights accorded parents and eligible students by FERPA, and the rules promulgated thereunder, shall be submitted in writing to the U.S. Department of Education, Student Privacy Policy Office, 400 Maryland Avenue S.W. Washington, D.C. 20202-8520.

B. Content of Complaint

A complaint filed pursuant to this section must contain specific allegations of fact giving reasonable cause to believe that a violation of FERPA and the rules promulgated thereunder has occurred.

XVIII. WAIVER

A parent or eligible student may waive any of his or her rights provided herein pursuant to FERPA. A waiver shall not be valid unless in writing and signed by the parent or eligible student. The school district may not require such a waiver.

XIX. ANNUAL NOTIFICATION OF RIGHTS

A. Content of Notice

The school district shall give parents of students currently in attendance and eligible students currently in attendance annual notice by such means as are reasonably likely to inform the parents and eligible students of the following:

1. That the parent or eligible student has a right to inspect and review the student's education records;

2. That the parent or eligible student has a right to request the amendment of the student's education records to ensure that those records are not inaccurate misleading, or otherwise in violation of the student's privacy or other rights;

3. That the parent or eligible student has a right to consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that federal and state law and the regulations promulgated thereunder authorize disclosure without consent;

4. That the parent or eligible student has a right to file a complaint with the U.S. Department of Education regarding an alleged failure by the school district to comply with the requirements of FERPA, and the rules promulgated thereunder;

5. That the parent or eligible student has a right to obtain a copy of the school district's policy regarding protection and privacy of student records; and

6. That copies of the school district's policy regarding the protection and privacy of school records are located in the Superintendent's office and the district's Web site (www.moorheadschools.org).

B. Notification to Parents of Students Having a Primary Home Language Other Than English.

The school district shall provide for the need to effectively notify parents of students identified as having a primary home language other than English.

C. Notification to Parents or Eligible Students Who are Disabled
 
The school district shall provide for the need to effectively notify parents or eligible students identified as disabled. 

XX. DESTRUCTION AND RETENTION OF RECORDS

Destruction and retention of records by the school district shall be controlled by state and federal law.

XXI. COPIES OF POLICY

Copies of this policy may be obtained by parents and eligible students at the office of the Superintendent and the district's website (www.moorheadschools.org).


Legal References:
Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)
Minn. Stat. 13.32, Subd. 5 (Directory Information)
Minn. Stat. Ch. 14 (Administrative Procedures Act)
Minn. Stat. 120A.22 (Compulsory Instruction)
Minn. Stat. 121A.75 (Sharing Disposition Order and Peace Officer Records)
Minn. Stat. 121A.40 - 121A.56 (The Pupil Fair Dismissal Act)
Minn. Stat. 144.341-144.347 (Consent of Minors for Health Services)
Minn. Stat. 260B.171, Subds. 3 and 5 (Disposition Order and Peace Officer Records of Children)
Minn. Stat. 363A.42 (Public Records; Accessibility)
Minn. Stat. 626.557 (Reporting of Maltreatment of Vulnerable Adults)
Minn. Rules Parts 1205.0100-1205.2000 (Data Practices)
10 U.S.C. 503(b) and (c) (Enlistments: Recruiting Campaigns; Compilation of Directory Information)
18 U.S. C. 2331 (Definitions)
18 U.S.C. 2332b (Acts of Terrorism Transcending National Boundaries)
20 U.S.C. Sec 1232g et seq. (Family Educational Rights and Privacy Act)
20 U.S.C. 6301 et seq. (No Child Left Behind)
20 U.S.C. 7908 (Armed Forces Recruiting Information)
26 U.S.C. 151 and 152 (Internal Revenue Code)
34 C.F.R. 99.1-99.67 (Family Educational Rights and Privacy)
34 C.F.R. 300.610-300.627 (Confidentiality of Information)
42 C.F.R. 2.1 et seq. (Confidentiality of Drug Abuse Patient Records)
Gonzaga University v. Doe, 536 U.S. 273, 122 S.Ct. 2268, 153 L.Ed. 2d 309 (2002)
Dept. of Admin. Advisory OP. No.21-008 (December 8, 2021)
Cross References:
Moorhead School Board Policy 414: Mandated Reporting of Child Neglect or Physical or Sexual Abuse
Moorhead School Board Policy 417: Chemical Use and Abuse
Moorhead School Board Policy 506: Student Discipline
Moorhead School Board Policy 520: Student Surveys
MSBA/MASE Model Policy 515 (Protection and Privacy of Pupil Records) 

PUBLIC NOTICE

Independent School District No.152 gives notice to parents/guardians of students currently in attendance in the District, and eligible students currently in attendance in the District, of their rights regarding student records.

1. Parents/guardians and eligible students are hereby informed that they have the following rights:
 
a. That parent/guardian or eligible student has a right to inspect and review the student's education records. A parent/guardian or eligible student should submit to the school district a written request to inspect education records which identify as precisely as possible the record or records he or she wishes to inspect. The parent/guardian or eligible student will be notified of the time and place where the records may be inspected.

b. That the parent/guardian or eligible student has a right to request the amendment of the student's education records to ensure that those records are not inaccurate, misleading, or otherwise in violation of the student's privacy or other rights. A parent/guardian or eligible student may ask the school district to amend a record that they believe is inaccurate or misleading. Such a request must be in writing, shall identify the item the parent/guardian or eligible student believes to be inaccurate, misleading or in violation of the privacy or other rights of the student, shall state the reason for this belief, and shall specify the correction the parent/guardian or eligible student wishes the school district to make. The request shall be signed and dated by the parent/guardian or eligible student. If the school district decides not to amend the record as requested by the parent/guardian or eligible student, the school district will notify the parent/guardian or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent/guardian or eligible student when notified of the right to a hearing.

c. That the parent/guardian or eligible student has a right to consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that federal and state law and the regulations promulgated thereunder authorize disclosures without consent.

d. That the school district may disclose education records to other school officials within the school district if the school district has determined they have legitimate educational interests. For purposes of such disclosure, a "school official" is a person employed by the school district as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel) or other employee; a person serving on the School Board; a person or company with whom the school district has consulted to perform a specific task (such as an attorney, auditor, medical consultant, therapist, public information officer or data practices compliance official); or a parent/guardian or student serving on an official committee, such as a disciplinary or grievance committee; or any individual assisting a school official in the performance of his or her tasks. A school official has a "legitimate educational interest" if the individual needs to review an education record in order to fulfill his or her professional responsibility and includes, but is not limited to, an interest directly related to classroom instruction, teaching, student achievement and progress, discipline of a student and student health and welfare and the ability to respond to a request for educational data;

e. That the school district forwards education records on a request to a school in which a student seeks or intends to enroll, including information about disciplinary action taken as a result of any incident in which the student possessed or used a dangerous weapon, suspension and expulsion information pursuant to 20 U.S.C. 7917, part of the federal Every Student Succeeds Act (ESSA) and data regarding a student's history of violent behavior, and any disposition order which adjudicates the student as delinquent for committing an illegal act on school district property and certain other illegal acts; 

f. That the parent/guardian or eligible student has a right to file a complaint with the U.S. Department of Education regarding an alleged failure by the school district to comply with the requirements of 20 United States Code 1232g (FERPA), and the rules promulgated thereunder. Said complaint should be directed to:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, S.W.
Washington, DC 20202-4605.

g. That the parent/guardian or eligible student has a right to obtain a copy of the school district's policy regarding the protection and privacy of student records.

h. That copies of the school district's policy regarding the protection and privacy of school records are located in the Superintendent's office or the district's Web site (www.moorheadschools.org).

2. Independent School District No.152 has adopted a School Board policy in order to comply with state and federal laws regarding education records. The policy does the following:

a. It classifies records as public, private or confidential.

b. It establishes procedures and regulations to permit parents/guardians or students to inspect and review a student's education records. These procedures include the method of determining fees for copies, a listing of the locations of these education records, and the identity of the individuals in charge of the records.

c. It establishes procedures and regulations to allow parents/guardians or students to request the amendment of student's education records to ensure that the records are not inaccurate, misleading, or otherwise in violation of the student's privacy or other rights.

d. It establishes procedures and regulations for access to and disclosure of education records.

e. It establishes procedures and regulations for safeguarding the privacy of education records and for obtaining prior written consent of the parent/guardian or student when required prior to disclosure.

3. Copies of the School Board policy and accompanying procedures and regulations are available to parents/guardians and students upon request to the Superintendent.

4. Pursuant to applicable law, Independent School District No.152 gives notice to parents/guardians of students currently in attendance in the school district, and eligible students currently in attendance in the school district, of their rights regarding "directory information."

Directory information includes the following information relating to a student: the student's name; grade level; date of birth; major field of study; participation in officially recognized activities and sports; weight and height of members of athletic teams; dates of attendance; degrees and awards received; the most recent educational agency or institution attended by the student; and photos in the normal course of school activities and other similar information to include data recorded by cameras on school property, including school buses. Directory information does not include identifying information on a student's religion, race, color, social position or nationality.

a. The information listed above shall be public information which the school district may disclose from the education records of a student.

b. Should the parent/guardian of a student or the student so desire, any or all of the listed information will not be disclosed without the parent's/guardian's or eligible student's prior written consent except to school officials as provided under federal law.

c. In order to make any or all of the directory information listed above "private" (i.e. subject to consent prior to disclosure), the parent/guardian or eligible student must make a written request to the building administrator within thirty (30) days after the date of the last publication of this notice. This written request must include the following information:

(1) Name of student and parent/guardian, as appropriate;

(2) Home address;

(3) School presently attended by student;

(4) Parent's/guardian's legal relationship to student, if applicable;

(5) Specific category or categories of directory information which is not to be made public without the parent's/guardian's or eligible student's prior written consent.

5. Pursuant to applicable law, Independent School District No. 152 hereby gives notice to parents/guardians of secondary students and eligible students of their rights regarding release of information to military recruiting officers. The school district must release, without parent/guardian or student consent, the names, addresses, and home telephone numbers of secondary students to military recruiting officers within 60 days after the date of the request. Data released to military recruiting officers under this provision may be used only for the purpose of providing information to students about military service, state and federal veterans' education benefits, and other career and educational opportunities provided by the military and cannot be further disseminated to any other person except personnel of the recruiting services of the armed forces.

SHOULD A PARENT/GUARDIAN OF A STUDENT OR THE STUDENT SO DESIRE, ANY OR ALL OF THE LISTED INFORMATION WILL NOT BE DISCLOSED TO MILITARY RECRUITING OFFICERS.

IN ORDER TO REFUSE THE RELEASE OF THIS INFORMATION, THE PARENT/GUARDIAN OR ELIGIBLE STUDENT MUST MAKE A WRITTEN REQUEST TO THE RESPONSIBLE AUTHORITY (BUILDING ADMINISTRATOR) BY SEPTEMBER 1 EACH YEAR. IN THE EVENT THAT POWERSCHOOL LEARNING REGISTRATION HAS BEEN COMPLETED, THE DIGITALLY SIGNED SUBMISSION WILL SERVE AS YOUR WRITTEN REQUEST. THIS WRITTEN REQUEST MUST INCLUDE THE FOLLOWING INFORMATION:

(1) NAME OF STUDENT AND PARENT/GUARDIAN, AS APPROPRIATE;

(2) HOME ADDRESS;

(3) STUDENT'S GRADE LEVEL;

(4) SCHOOL PRESENTLY ATTENDED BY STUDENT;

(5) PARENT'S/GUARDIAN'S LEGAL RELATIONSHIP TO STUDENT, IF APPLICABLE;

(6) SPECIFIC CATEGORY OR CATEGORIES OF INFORMATION WHICH IS NOT TO BE RELEASED TO MILITARY RECRUITERS.

(7) SPECIFIC CATEGORY OR CATEGORIES OF DIRECTORY INFORMATION WHICH ARE NOT TO BE RELEASED TO THE PUBLIC, INCLUDING MILITARY RECRUITERS.

NOTICE: Refusal to release the above information to military recruiting officers alone does not affect the school district's release of directory information to the public, including military recruiting officers. In order to make any directory information about a student private, the procedures contained in the Protection and Privacy of Student Records Policy also must be followed. If you do not want your child's or eligible student's directory information released to military recruiting officers, you also must notify the school district that you do not want this directory information released to any member of the public, including military recruiting officers.

INDEPENDENT SCHOOL DISTRICT NO. 152
MOORHEAD, MINNESOTA

Dated:
Signed:
Chair:
Provider's Order of Prescribed Services (PPS)
Type: Administrative Procedure
Section: 500 STUDENTS
Code: 516.4
Adopted Date: 6/8/2015
Revised Date(s):
Reviewed Date(s): 12/12/2016
Attachments:

Adm Proc

Public Distribution of Materials in Moorhead Area Public Schools
Type: School Board Policy
Section: 900 SCHOOL DISTRICT - COMMUNITY RELATIONS
Code: 906
Adopted Date: 6/23/2003
Revised Date(s): 01/08/2007, 12/12/2011, 05/02/2019, 05/09/2019
Reviewed Date(s): 01/08/2007, 12/12/2011, 06/13/2016, 06/21/2022, 07/22/2022
Attachments:

I. PURPOSE

The purpose of this policy is to provide for distribution of materials appropriate to the school setting by nonstaff and nonstudents on school district property in a reasonable time, place, and manner which does not disrupt the educational program nor interfere with the educational objectives of the school district.

II. GENERAL STATEMENT

A. Moorhead Area Public Schools intends to provide a method for nonschool persons and organizations to distribute materials appropriate to the school setting, within the limitations and provisions of this policy. Moorhead Area Public Schools reserves the right to edit or to refuse any materials submitted.

B. To provide for the orderly and non-disruptive distribution of materials, the School Board adopts Administrative Procedure 906.1 and Administrative Procedure 906.2.

III. DEFINITIONS

A. "Distribution" means circulation or dissemination of materials by means of handing out free copies, selling or offering copies for sale, accepting donations for copies, posting or displaying materials, or placing materials in internal staff or student mailboxes.

B. "Materials" includes all materials and objects intended by nonschool persons or nonschool organizations for distribution. Examples of nonschool-sponsored materials include but are not limited to leaflets, brochures, buttons, badges, flyers, petitions, posters, underground newspapers whether written by students, employees or others, and tangible objects.

C. "Nonschool person" means any person who is not currently enrolled as a student in or employed by the school district.

D. "Obscene to minors" means:
 
1. The average person, applying contemporary community standards, would find that the material, taken as a whole, appeals to the prurient interest of minors of the age to whom distribution is requested;
 
2. The material depicts or describes, in a manner that is patently offensive to prevailing standards in the adult community concerning how such conduct should be presented to minors of the age to whom distribution is requested, sexual conduct such as intimate sexual acts (normal or perverted), masturbation, excretory functions, and lewd exhibition of the genitals; and
 
3. The material, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.

E. "Minor" means any person under the age of eighteen (18).

F. "Material and substantial disruption" of a normal school activity means:

1. Where the normal school activity is an educational program of the school district for which student attendance is compulsory, "material and substantial disruption" is defined as any disruption which interferes with or impedes the implementation of that program.

2. Where the normal school activity is voluntary in nature (including school athletic events, school plays and concerts, and lunch periods) "material and substantial disruption" is defined as student rioting, unlawful seizures of property, conduct inappropriate to the event, participation in a school boycott, demonstration, sit-in, stand-in, walk-out, or other related forms of activity.

In order for expression to be considered disruptive, there must exist specific facts upon which the likelihood of disruption can be forecast, including past experience in the school, current events influencing student activities and behavior, and instances of actual or threatened disruption relating to the written  material in question.

G. "School activities" means any activity sponsored by the school, including but not limited to, classroom work, library activities, physical education classes, official assemblies and other similar gatherings, school athletic contests, band concerts, school plays, other theatrical productions, and in-school lunch periods.

H. "Libelous" is a false and unprivileged statement about a specific individual that tends to harm the individual's reputation or to lower him or her in the esteem of the community.
 
IV. VIOLATION OF POLICY

Any party violating this policy or distributing materials without permission will be directed to leave the school property immediately and, if necessary, law enforcement will be called.

 
Legal References:
U. S. Const., amend. I
Hazelwood School District v. Kuhlmeier, 484 U.S. 260, 108 S.Ct. 562, 98 L.Ed.2d 592 (1988)
Doe v. South Iron R-1 School District, 498 F.3d 878 (8th Cir. 2007)
Bystrom v. Fridley High School, 822 F.2d 747 (8th Cir. 1987)
Cornelius v. NAACP Legal Defense and Educational Fund, Inc., 473 U.S. 788, 105 S.Ct. 3439, 87 L.Ed.2d 567 (1985)
Perry Education Ass'n v. Perry Local Educators' Ass'n, 460 U.S. 37, 103 S.Ct. 948, 74 L.Ed.2d 794 (1983)
Roark v. South Iron R-1 School Dist., 573 F.3d 556 (8th Cir. 2009)

Cross References:
Moorhead School Board Policy 544: Activities Fund Raising
Moorhead School Board Policy 506: Distribution of Nonschool-Sponsored Materials on School Premises by Students and Employees

Public Gifts to the School District
Type: School Board Policy
Section: 700 NON-INSTRUCTIONAL OPERATIONS AND BUSINESS SERVICES
Code: 706
Adopted Date: 2/13/1979
Revised Date(s): 05/12/2008, 12/12/2011, 07/22/2022
Reviewed Date(s): 05/01/1990, 09/26/1994, 02/08/1999, 04/12/2004, 05/12/2008, 12/12/2011, 04/11/2016, 06/21/2022, 07/22/2022
Attachments:

I. PURPOSE

The purpose of this policy is to provide guidelines for the acceptance of gifts by the Moorhead School Board.

II. GENERAL STATEMENT

It is the policy of Moorhead Area Public Schools to accept gifts only in compliance with state law. Please refer to Administrative Procedure 834.1 for the criteria used to examine and evaluate offers of gifts to the school district.

III. ACCEPTANCE OF GIFTS

The School Board may receive, for the benefit of the school district, bequests, donations or gifts for any proper purpose. The School Board shall have the sole authority to determine whether any gift or any precondition, condition, or limitation on use included in a proposed gift furthers the interests of or benefits the school district and whether the gift should be accepted or rejected.

IV. GIFTS OF REAL OR PERSONAL PROPERTY

The School Board may accept a gift, grant or devise of real or personal property only by the adoption of a resolution approved by two-thirds of its members. The resolution must fully describe any conditions placed on the gift. The real or personal property so accepted may not be used for religious or sectarian purposes.

V. ADMINISTRATION IN ACCORDANCE WITH TERMS

If the School Board agrees to accept a bequest, donation, gift, grant, or device which contains preconditions, conditions, or limitations on use, the School Board shall administer it in accordance with those terms. Once accepted, a gift shall be the property of the school district unless otherwise provided in the agreed-upon terms.

On behalf of the School Board, a letter of appreciation shall be sent to the donor(s).

 
Legal References:
Minn. Stat. 123B.02, Subd. 6 (Bequests, Donations, Gifts)
Minn. Stat. 465.03 (Gifts to Municipalities)
Public Gifts to the School District
Type: Administrative Procedure
Section: 700 NON-INSTRUCTIONAL OPERATIONS AND BUSINESS SERVICES
Code: 706.1
Adopted Date: 3/15/2005
Revised Date(s): 09/08/2006, 05/13/2008, 01/26/2012
Reviewed Date(s): 09/08/2006, 05/13/2008, 01/26/2012, 05/15/2018
Attachments:

The following criteria should be utilized to examine and evaluate offers of gifts to the district. The gift(s):

1. Has a purpose consistent with the mission, vision, and goals of the school district;

2. Will not add to staff workload;

3. Must be sustainable after the gift or grant funds are exhausted;

4. Does not bring undesirable or hidden costs to the school system or cause unreasonable inequity;

5. Does not restrict a school program;

6. Is not inappropriate for students or harmful to the learning process;

7. Does not imply business or product endorsements but may recognize by name the donor's contribution; and

8. Does not conflict with any provision of school district policy or public law.

 

Recording or Audio/Videotaping a Parent-Guardian/Teacher Conference
Type: School Board Policy
Section: 400 EMPLOYEES/PERSONNEL
Code: 444
Adopted Date: 4/26/1994
Revised Date(s): 02/11/2008, 07/15/2020
Reviewed Date(s): 02/08/1999, 02/09/2004, 02/11/2008, 05/14/2012, 12/12/2016, 06/10/2020, 02/14/2023
Attachments:

I. PURPOSE

The purpose of this policy is to provide guidance on the use of recording or audio/videotaping of a parent-guardian/teacher conference.

II. GENERAL STATEMENT

No electronic device shall be used to record or reproduce any part of a parent-guardian/teacher conference unless by mutual written agreement of both parties (Administrative Procedure 444.1). Parent-guardian/teacher conferences held during long-distance learning are included in this policy. This is to ensure a productive and meaningful conference between parent(s)-guardian(s) and teacher(s) that will benefit and enhance the education of the child.

No recording of any parent-guardian/teacher conference may be released to any other individual, except pursuant to the informed consent of the parent(s)-guardian(s)/teacher(s), or the student, if the student is 18 years of age or older, or pursuant to a valid court order.*
 
* Note: The release of the information is only pursuant to the consent of parties involved or a court order — not a subpoena.
 
 
 

Cross Reference:
Moorhead School Board Policy 504: Protection and Privacy of Student Records

Regular/Extended Day Field Trip Request Form
Type: Administrative Procedure
Section: 600 EDUCATION PROGRAMS
Code: 610.1
Adopted Date: 10/26/1989
Revised Date(s): 01/08/2001, 05/21/2013, 08/10/2015, 08/30/2018
Reviewed Date(s): 01/08/2001, 06/08/2015, 08/10/2015, 06/12/2017, 08/30/2018
Attachments:

Administrative Procedure is attached.

Reimbursement for Travel, Professional Meetings and Conferences
Type: School Board Policy
Section: 400 EMPLOYEES/PERSONNEL
Code: 412
Adopted Date: 6/24/1986
Revised Date(s): 02/09/2009, 04/26/2010, 12/09/2013, 05/08/2017, 10/13/2021
Reviewed Date(s): 01/14/1992, 06/23/1997, 07/05/2001, 04/11/2005, 01/14/2008, 02/09/2009, 04/26/2010, 12/09/2013, 05/08/2017, 10/13/2021
Attachments:

I. PURPOSE

The purpose of this policy is to establish reimbursement guidelines for travel related to professional meetings and conferences.

II. GENERAL STATEMENT

Moorhead Area Public Schools pays for approved travel, professional meeting and conference expenses subject to district travel policies, budget allocations, negotiated labor agreements and individual contracts (refer to Administrative Procedure 412.1: Travel Request and 412.2 Reimbursement Form). Prior approval must be obtained by submission of Administrative Procedure 412.1 to the appropriate supervisor. Reimbursement requests must be submitted within 60 days of the event per IRS regulations.

III. AUTHORIZATION

All school district business expenses to be reimbursed must be approved by the supervising administrator prior to travel for professional meetings and conferences. Such expenses to be reimbursed may include transportation, meals, lodging, registration fees, required materials, parking fees, tips, and other reasonable and necessary school district business-related expenses.

IV. REIMBURSEMENT 

Requests for reimbursement must be itemized on the official school district form and are to be submitted to the designated administrator. Itemized receipts for lodging, commercial transportation, registration, and other reasonable and necessary expenses must be attached to a completed Administrative Procedure 412.1 Travel Request and 412.2 Reimbursement Form.

Advance travel expense monies may be obtained upon submission of  Administrative Procedure 412.1: Travel Request and 412.2 Reimbursement Form.

V. APPROVED EXPENSES

A. Registration:

Registration materials must be submitted to the requester's supervisor for approval prior to registration. Approved registration fees are reimbursed in full upon submission of a receipt.

B. Transportation:

Rental vehicles from the district's approved vendor are to be used for trips within distances deemed appropriate by supervisors. Upon proper approval, the full cost of a rental vehicle, including fuel and insurance, will be paid by the school district. Shuttle, limousine, or taxi expenses are included as reimbursable expenses as approved.

Private Automobiles: When a rental vehicle is not available, individuals are reimbursed for the use of private automobiles at the IRS-approved rate. If commercial air service is available, the mileage reimbursement may not exceed the cost of round trip airfare, based on the lowest fare available at the time planning is initiated. When an approved rental vehicle is available, the private vehicle reimbursement rate is 50 percent of the IRS approved rate unless otherwise specified in a negotiated labor agreement or a separate employee contract.

Commercial Airlines: Air travel arrangements are to be made by the assigned administrative assistant. The administrative assistant will use the district's approved travel management coordinator for air travel.

Employees utilizing school district funds to pay for airline travel are required to ensure that any credits or other benefits issued by any airline accrue to the benefit of the school district rather than the employee. To the extent an airline will not honor a transfer or assignment of credit of benefit from the employee to the school district, the employee shall report receipt of the credit or benefit to the department of business services.

Parking: Parking fees at airports, hotels and conference sites will be paid by the school district for approved travel. 

C. Lodging:

Actual lodging expenses, including applicable taxes, will be paid by the school district for approved travel. Incidental lodging expenses are to be paid by the employee. These include but are not limited to personal telephone calls, in-room movies and laundry. Lodging expenses in the Moorhead area are reimbursable only when supervising students as part of an approved activity.  

D. Meals:

Meals, including gratuities, are reimbursed according to Administrative Procedure 412. 2: Meal Reimbursement for Travel, Professional Meetings and Conferences.

Reimbursement for meal expenses should not be submitted when meals are included with the conference registration. If the meeting location necessitates meal expenses in excess of the allowable limits, the Superintendent or designee may approve additional reimbursement upon request. 

E. Paid travel time:  

Paid travel time for out-of-state conferences/meetings shall be limited to the dates of the conference/meeting plus one day before and one day after the conference/meeting upon supervisor approval.

All paid travel time will be paid in accordance with state and federal law.

V. VOLUNTEER TRAVEL REIMBURSEMENT

Volunteers who travel on school district business will have their expenses reimbursed in the same manner as staff or Moorhead School Board members. The administrator in charge of arranging the volunteer's travel ensures reimbursement forms, including receipts, are properly submitted for payment.

Legal References: 
Minn. Stat. 471.665 (Mileage Allowances)
Minn. Op. Atty. Gen. 1035 (August 23, 1999) (Retreat Expenses)
Minn. Op. Atty. Gen. 161lb-12 (August 4, 1997) (Transportation Expenses)
Minn. Op. Atty. Gen. 161B-12 (January 24, 1989) (Operating Expenses of Car)
Minn. Stat. 15.435 (Airline Travel Credit)

Cross References:
Moorhead School Board Policy 216: Out-of-State Travel by School Board Members
Moorhead School Board Policy 722: School District Owned Vehicle Reservation

Relationship Between Nonpublic Educational Organizations and Moorhead Area Public Schools
Type: Administrative Procedure
Section: 600 EDUCATION PROGRAMS
Code: 611.1
Adopted Date: 10/1/1985
Revised Date(s): 01/08/2007, 12/10/2012, 02/08/2016, 12/13/2022
Reviewed Date(s): 07/01/1992, 11/01/1994, 12/01/1996, 08/26/2002, 01/08/2007, 12/10/2012, 02/08/2016, 05/02/2019, 11/14/2022, 12/13/2022
Attachments:

I. PURPOSE

The purpose of this policy is to govern the relationship between nonpublic educational organizations and Moorhead Area Public Schools.

II. GENERAL STATEMENT OF POLICY

A nonpublic school requesting approval as a private school for operation within the Moorhead Area Public Schools boundaries is required to furnish information to the Superintendent consistent with the Minnesota Compulsory Instruction Law (120A.22).
 
The school district shall maintain a listing of approved schools.
 
A. Reports to Superintendent
 
1. The person or nonpublic school in charge of providing instruction to a child must submit to the Superintendent of the district in which the child resides the name, birth date, and address of the child; the annual nationally norm-referenced standardized achievement examination, if required; the name of each instructor; and evidence of compliance with one of the requirements specified for instructors:
 
a) by October 1 of the first school year, the child receives instruction after reaching the age of seven;
 
b) within 15 days of when a parent withdraws a child from public school after age seven to provide instruction in a nonpublic school that is not accredited by a state-recognized accredited agency;
 
c) within 15 days of moving out of a district; and
 
d) by October 1, after a new resident district is established.
 
2. The person or nonpublic school in charge of providing instruction to a child between the ages of seven and 16 must submit, by October 1 of each school year, a letter of intent to continue to provide instruction under this section for all students under the person's or school's supervision and any changes to the information required in paragraph 1.
 
3. The Superintendent may collect the required information under this section through an electronic or web-based format but must not require electronic submission of information under this section from the person in charge of reporting.
 
B. Availability of Documentation
 
1. The person or nonpublic school in charge of providing instruction to a child must maintain documentation indicating that the required subjects are being taught and proof that the required tests have been administered. This documentation must include class schedules, copies of materials used for instruction, and descriptions of methods used to assess student achievement.
 
2. The parent of a child who enrolls full-time in public school after having been enrolled in a nonpublic school that is not accredited by a state-recognized accredited agency must provide the enrolling public school or school district with the child's scores on any tests administered to the child and other education-related documents the enrolling schools or district requires to determine where the child is placed in school and what course requirements apply. This paragraph does not apply to a shared-time student who does not seek a public school diploma. 
 
C. Curriculum
 
Instruction must be provided in at least the following subject areas:
 
1) basic communication skills, including reading and writing, literature, and fine arts;
 
2) mathematics and science;
 
3) social studies, including history, geography, and government; and
 
4) health and physical education.
 
Instruction, textbooks, and materials must be in the English language. Another language may also be used.
 
D. Requirements for Instructors
 
A person who is providing instruction to a child must meet at least one of the following requirements:
 
1) hold a valid Minnesota teaching license in the field and for the grade level taught;
 
2) be directly supervised by a person holding a valid Minnesota teaching license;
 
3) successfully complete a teacher competency examination;
 
4) provide instruction in a school that is accredited by an accrediting agency, recognized according to the Nonpublic Education Council or recognized by the commissioner;
 
5) hold a baccalaureate degree; or
 
6) be the parent of a child who is assessed according to the procedures in section E below.
 
Any person providing instruction in a public school must meet the requirements of paragraph 1) above.
 
E. Assessment of Performance
 
1) Each year, the performance of every child ages seven through 16 who is not enrolled in a public school must be assessed using a nationally norm-referenced standardized achievement examination. The Superintendent of the district in which the child receives instruction and the person in charge of the child's instruction must agree about the specific examination to be used and the administration and location of the examination.
 
2) To the extent the examination in paragraph 1) does not provide an assessment in all of the subject areas in section C., the parent must assess the child's performance in the applicable subject area. This requirement applies only to a parent who provides instruction and does not meet the requirements of section D. 1), 2), or 3).
 
3) If the results of the assessments in paragraphs 1) and 2) indicate that the child's performance on the total battery score is at or below the 30th percentile or one grade level below the performance level for children of the same age, the parent must obtain an additional evaluation of the child's abilities and performance for the purpose of determining whether the child has learning problems.
 
4) A child receiving instruction from a nonpublic school, person, or institution that is accredited by an accrediting agency, recognized according to the Nonpublic Education Council, or recognized by the commissioner, is exempt from the requirements of this section.
 
F. Exemptions
 
A nonpublic school, person, or other institution that is accredited by an accrediting agency or recognized by the commissioner, is exempt from the documentation regarding subjects and tests in section B. above.
 

Legal References:
Minn. Stat. 120A.22-120A.26 (Compulsory Instruction)
Minn. Stat. 121A.15 Subds. 1-9 (Health Standards; Immunizations; School Children)

Cross References:
Moorhead School Board Policy 530: Student Immunization Requirements
Moorhead School Board Policy 532: Medication
Moorhead School Board Policy 608: Home Schooled Students

Religion
Type: School Board Policy
Section: 600 EDUCATION PROGRAMS
Code: 609
Adopted Date: 1/9/1979
Revised Date(s): 02/09/2009, 02/25/2013, 06/13/2016, 05/08/2019, 05/10/2022
Reviewed Date(s): 09/01/1990, 01/08/1996, 06/12/2000, 01/24/2005, 02/09/2009, 02/25/2013, 06/13/2016, 02/11/2019, 04/12/2022, 04/13/2022, 05/10/2022
Attachments:

l. PURPOSE

The purpose of this policy is to identify the status of religion as it pertains to the programs of the Moorhead Area Public Schools. 

ll. GENERAL STATEMENT

The proper role that religion plays in the Moorhead Area Public Schools is in its educational value rather than its observance or celebration. This value is based upon its important cultural element whose effects have been felt throughout history.

The Moorhead Area Public Schools should play a vital role in bringing about an understanding among people of different backgrounds. Teaching about religions as literature, and the role of religion in the history of the United States and other countries can help achieve this understanding.

The choice of what to believe is, and should be, left solely to the individual. Each person is free to choose or reject any belief without interference from either government or other members of the community. The choice made by each person and family is entitled to the greatest respect. The Moorhead Area Public Schools shall marshal its forces to maintain the dignity of each religious preference or absence of the same, and the sanctity of that belief for each individual home. No person should be put in an embarrassing position because of personal or family choice.

Moorhead Area Public Schools policy regarding the relationship between religion and public education is intended to ensure freedom, protection, sensitivity, acceptance, and appreciation for students, employees, parents, and the community as a whole.

Moorhead Area Public Schools shall implement the rules and regulations identified in this policy that speak toward the teaching of religious symbols, musical programs, concerts, advertising religious activities, and the school calendar.

A. Moorhead Area Public Schools shall neither promote nor disparage any religious belief or nonbelief.  Instead, the school district encourages all students and employees to have appreciation for and tolerance of each other's views.

B.  Moorhead Area Public Schools also recognizes that religion has had and is having a significant role in the social, cultural, political, and historical development of civilization.

C. Moorhead Area Public Schools recognizes that one of its educational objectives is to increase its students' knowledge and appreciation of music, art, drama, and literature which may have had a religious basis or origin as well as secular importance.

D. Moorhead Area Public Schools supports the inclusion of religious music, art, drama, and literature in the curriculum and in school activities provided it is intrinsic to the learning experience and is presented in an objective manner without sectarian indoctrination.

E. The historical and contemporary values and the origin of various religions, holidays, customs, and beliefs may be explained in an unbiased and non-sectarian manner.

III. RESPONSIBILITY

A. The Superintendent shall be responsible for ensuring the study of religious materials, customs, beliefs, and holidays in the school district is in keeping with the following guidelines:

  1. The proposed activity must have a secular purpose.
  2. The primary objective of the activity must be one that neither advances nor inhibits religion.
  3. The activity must not foster excessive governmental relationships with religion.
  4. Notwithstanding the foregoing guidelines, reasonable efforts will be made to accommodate any student who wishes to be excused from attendance at school for the purpose of religious instruction or observance of religious holidays.

IV. RULES AND REGULATIONS

The Superintendent is granted authority to develop and present for board review and approval directives and guidelines for the purpose of providing further guidance relative to the teaching of materials related to religion.

A. Non-Promotion or Disparagement of Religions - The school district shall neither promote nor disparage any religious belief or non-belief. Instead, the school district encourages all students and employees to have appreciation and tolerance of each other's views.

B. Academic Study About Religions - The school district supports the inclusion of religious music, art, drama, and literature in the curriculum and in school activities provided it is intrinsic to the learning experience and is presented in an objective manner without sectarian indoctrination.

C. The Use of Religious Symbols - Religious symbols are sacred to particular faiths and have their place in places of worship or home. The use of religious symbols in the school shall be encouraged only in the academic study of religions; that is for temporary periods in connection with educational purposes.

D. Musical Programs and Concerts - Musical programs prepared for or presented during school hours shall not be religious or religiously oriented. However, the school district recognizes that one of its educational objectives is to increase its students' knowledge and appreciation of music which may have had a religious basis or origin as well as secular importance. Consequently, such programs may include religious music to the extent presentation of the music advances an educational objective and is presented in an objective manner without religious indoctrination.

A volunteer group practicing outside the school day, school day defined as 30 minutes prior to or 30 minutes immediately following the regularly scheduled student day, may present a program of religious music in the school outside of school hours, subject to, and in conformance with, the school policies and rules governing the use of school facilities equal access.

At all levels of education, the study of religious music as a part of a music appreciation course, musical experience, or as part of a study of various lands and cultures is appropriate as is the study of secular music.

E. Advertising Religious Activities - The advertising of religious activities and distribution of religious literature shall be on the same terms and conditions as permitted for other advertising or literature that is unrelated to school curriculum or activities.

F. School Calendar - The school calendar should be designed to encourage sensitivity for religious holidays, Sabbaths, and holy days of all faiths.

If conflicts occur, care should be taken to modify lesson activities or other activities which will be difficult to make up.

G. Religious Excusals - In the event, a student and/or student's parent/guardian finds a lesson objectionable based on the student's or student's parent's/guardian's religious beliefs or other conscientious grounds, the student and/or student's parent/guardian may seek excusals therefrom through the building administrator. The building administrator shall work with the student and/or student's parent/guardian to arrange for such excusals unless there are clear issues of overriding concern that would prevent it.

H. Reasonable efforts will be made to accommodate any student who wishes to be excused from attendance at school for the purpose of religious instruction or observance of religious holidays. 
 
Legal References:
U. S. Const., amend. I
Minn. Stat. 120A.22, Subd. 12(3) (Compulsory Instruction)
Minn. Stat. 120A.35 (Absence From School for Religious Observance)
Minn. Stat. 121A.10 (Moment of Silence) 
Lemon v. Kurtzman, 403 U.S. 602, 91 S.Ct. 2105, 29 L.Ed.2d 745 (1971)
Florey v. Sioux Falls Sch. Dist. 49-5, 619 F.2d 1311 (8th Cir. 1980)
Stark v. Indep. Sch. Dist. No. 640, 123 F.3d 1068 (8th Cir. 1997)
Santa Fe Indep. Sch. Dist. v. Doe, 530 U.S. 290, 120 S.Ct. 2266 (2000)
Tangipahoa Parish Bd. of Educ. v. Freiler, 530 U.S. 1251, 120 S.Ct 2706 (2000)
LeVake v. Indep. Sch. Dist. No. 656, 625 N.W.2d 502 (Minn. App. 2001)
Good News Club v. Milford Central School, 533 U.S. 98, 121 S.Ct. 2093, 150 L.Ed.2d 151 (2001)
Doe v. School Dist. of City of Norfolk, 340 F.3d 605 (8th Cir. 2003)
Wigg v. Sioux Falls Sch. Dist., 382 F.3d 807 (8th Cir. 2004)
Roark v. South Iron R-1 Sch. Dist., 573 F.3d 556 (8t Cir. 2009)
Child Evangelism Fellowship v. Minneapolis Special Sch. Dist. No. 1, 690 F.3d 996 (8th Cir. 2012)
Child Evangelism Fellowship v. Elk River Area Sch. Dist No. 728, 599 F.Supp.2d 1136 (D. Minn. 2009)
Minn. Op. Atty. Gen. 169-J (Feb 14, 1968)
Minn. Op Atty. Gen. 169-K (Oct. 21, 1949)
Minn. Op. Atty. Gen. No. 63 (1940)
Minn. Op. Atty. Gen. No. 120 (1924)
Minn. Op Atty. Gen. No. 121 (1924)
 
Cross References:
Moorhead School Board Policy 501: Equal Educational Opportunity
Moorhead School Board Policy 515: School District Student Attendance 
Moorhead School Board Policy 630: Organization of School Calendar and School Day
Moorhead School Board Policy 702: Equal Access to Moorhead Area Public Schools Facilities
MSBA/MASA Model Policy 609 (Religion)
Rental of District Musical Instruments
Type: School Board Policy
Section: 700 NON-INSTRUCTIONAL OPERATIONS AND BUSINESS SERVICES
Code: 718
Adopted Date: 7/1/1981
Revised Date(s): 04/10/2006, 04/26/2010, 12/09/2013
Reviewed Date(s): 07/01/1988, 07/25/1994, 04/10/1995, 12/13/1999, 05/13/2002, 04/10/2006, 04/26/2010, 12/09/2013, 05/08/2017, 07/15/2020, 04/11/2023
Attachments:

I. PURPOSE

The purpose of this policy is to provide guidelines for the rental of Moorhead Area Public Schools owned musical instruments.

II. GENERAL STATEMENT

A. The Moorhead School Board authorizes an instrument rental fee each semester for each child playing a school district-owned instrument.

B. The requirement may be waived if any of the following circumstances prevail:

1. If a family cannot afford to pay the fee as determined by the building administrator using the Free or Reduced-Price Meals criteria.


2. A fee will not be required of students who provide their own musical instruments and are asked to switch to a school district-owned instrument to obtain a balance in instrumentation.

 
3. Students will not be denied the right to participate in music because of the inability to pay a rental fee.

C. Instrument Rental Agreement Form

 
 
Cross Reference:
Moorhead School Board Policy 542: Student Activity Fees 
Research Studies
Type: School Board Policy
Section: 900 SCHOOL DISTRICT - COMMUNITY RELATIONS
Code: 922
Adopted Date: 3/11/1980
Revised Date(s): 02/13/2006, 12/14/2009, 11/10/2014, 02/14/2023
Reviewed Date(s): 01/26/1991, 03/11/1996, 05/08/2000, 02/13/2006, 12/14/2009, 11/10/2014, 05/29/2018, 01/17/2023, 02/14/2023
Attachments:

I. PURPOSE

The purpose of this policy is to provide guidelines for individuals and/or organizations to conduct educational research in Moorhead Area Public Schools.  

II. GENERAL STATEMENT

It is the intention of the Moorhead School Board that all research projects carried out in the district shall be approved in advance by the Superintendent or his/her designee. Only those studies which have an apparent value to the school district will be approved. All persons, Moorhead Area Public School employees and personnel from outside the district, wishing to conduct research in the Moorhead Area Public Schools must make a written request to the Superintendent's office using Administrative Procedure 922.1: Research Study Request Form.

A. Topics needing study should be kept on file in the Superintendent's office. Staff members and graduate students should be encouraged to submit topics for possible research.

 B. Research Study Request

1. The researcher will submit a Research Request Form to the Superintendent or designee for their consideration and action.

2. The Superintendent or designee will review all research requests and route to appropriate departments/buildings.  Within one week, departments or building administrators should take action on the request and return the form to the Superintendent's office.

3. Upon approval, the researcher shall conduct the research professionally and assure the anonymity and rights of individual students, schools or staff members in reporting results.

Federal regulations require that when human subjects are to be involved in research their rights, and welfare must be adequately protected. Consideration shall include the following:

1) An explanation of procedures and their purpose
2) A description of any attendant discomforts or risks
3) A description of any reasonable benefits expected
4) An offer to respond to inquiries on procedures
5) Instruction of the right to withdraw consent and discontinue participation at any time without prejudice to the subject.

Permission from the research institution's Institutional Research Board (IRB) is required when human subjects are involved in research.

4. Curriculum assessment or building assessment for curriculum development and/or program evaluation are exempt from completing and following the research request process but require approval of the Superintendent or designee.

5. All publications resulting from studies in the schools should acknowledge the contribution of Moorhead Area Public Schools except for anonymous research projects.  The researcher shall agree to provide at least one copy of the completed study to the school district. No findings will be released until a copy is on file in the school district offices.

6. The School District will keep research requests will be kept on file for a minimum of three years.



Legal Reference:
45 C.F.R. 46 (Protection of Human Subjects)

Cross References:
Moorhead School Board Policy 440: Employee Publications, Instructional Materials, Inventions, and Creations
Moorhead School Board Policy 504: Protection and Privacy of Student Records




Research Study Request Form
Type: Administrative Procedure
Section: 900 SCHOOL DISTRICT - COMMUNITY RELATIONS
Code: 922.1
Adopted Date: 3/11/1980
Revised Date(s): 02/27/2006, 11/16/2009, 11/10/2014
Reviewed Date(s): 01/14/1999, 02/27/2006, 11/16/2009, 11/10/2014, 05/29/2018
Attachments:
 
Adm Procedure
Responsible Use of Moorhead Area Public Schools Electronic Network
Type: Administrative Procedure
Section: 500 STUDENTS
Code: 524.1
Adopted Date: 2/8/1999
Revised Date(s): 07/10/2006, 05/14/2012, 12/14/2015, 04/10/2017, 07/13/2021
Reviewed Date(s): 07/10/2006, 05/14/2012, 02/23/2015, 12/14/2015, 04/10/2017, 12/11/2017
Attachments:

I. NETWORK CONDUCT

A. The individual in whose name a system account is issued is responsible at all times for its proper use. The district's system shall be used for all educational purposes consistent with the district's mission and goals. The district reserves the right to inspect files to assure compliance.

B. Teachers are responsible for teaching and supervising proper techniques and standards for participation, for guiding student access to appropriate sections of the Internet, and for assuring that students understand that if they misuse the network they will lose their privilege to access the network in the school environment. Paraprofessionals and other support employees will monitor and report inappropriate behavior.

C. System users will not evade, change or exceed resource quotas or disk usage quotas or disk usage quotas as set by the network manager. A user who remains in noncompliance may have their files removed. Such quotas may be exceeded only by permission of the network manager. 

D. Users will make responsible use of all network resources including but not limited to bandwidth, paper, printer toner printing supplies and server space.

II. USER ACCOUNT INFORMATION

A. User account information will be maintained in accordance with applicable education records law and district policy and administrative regulations.

B. All employees, including substitute teachers and temporary employees, will be issued network accounts for the duration of their employment.

C. All students will be issued network accounts for the duration of their enrollment.

D. The district will provide access to the system through the establishment of a system account. The system account is established by the issuance of authorized and unique passwords for each user. This account will include a personal folder/subdirectory. The use of this password constitutes acceptance of the account and an agreement by the user to abide by the following rules of conduct and assume responsibility for the content of the folder/subdirectory. Continual age appropriate training on appropriate use of Moorhead Public Schools Electronic Network shall be provided for each user.

E. The school district system has a limited educational purpose, which includes use of the system for classroom activities, educational research, and professional and career development activities. Users are expected to use network and Internet access through the district system to further educational and personal goals consistent with the mission of the school district and school policies. Uses which might be acceptable on a user's private personal account on another system may not be acceptable on this limited-purpose network.

III. UNACCEPTABLE USES

A. The following uses of the school district system and Internet resources or accounts are considered unacceptable:

1. Users will not use the school district system to access, review, upload, download, store, print, receive, transmit or distribute:

a. pornographic, obscene or sexually explicit material or other visual depictions that are harmful to minors;

b. obscene, abusive, profane, lewd, vulgar, rude, inflammatory, threatening, disrespectful, or sexually explicit language;

c. materials that use language or images that are inappropriate in the education setting or disruptive to the educational process;

d. information or materials that could cause damage or danger of disruption to the educational process;

e. materials that use language or images that advocate violence or discrimination toward other people (for example: hate literature) or that may constitute harassment or discrimination except in the course of the instructional program under the supervision of a teacher.

2. Users will not use the school district system to gain unauthorized access to information resources or to access another persons materials, information or files without the direct permission of that person.

3. Users will not write to system accounts other than their own as identified and issued by the district.

4. Users will not attempt to gain unauthorized access to the school district system or any other system through the school district system, attempt to log in through another person's account, or use computer accounts, access codes or network identification other than those assigned to the user. Messages and records on the school district system may not be encrypted without the permission of appropriate school authorities.

5. Users will not use the school district system to knowingly or recklessly post, transmit or distribute false or defamatory information about a person or organization, or to harass another person, or to engage in personal attacks, including prejudicial or discriminatory attacks.

6. Users will not use the school district system to engage in any illegal act or violate any local, state or federal statute or law.

7. Users will not use the school district system to vandalize, damage or disable the property of another person or organization, will not make deliberate attempts to degrade or disrupt equipment, software or system performance by spreading computer viruses or by any other means, will not tamper with, modify or change the school district system software, hardware or wiring or take any action to violate the school district's security system, and will not use the school district system in such a way as to disrupt the use of the system by other users.

8. Users will not use the school district system to post private information about another person, personal contact information about themselves or other persons, or other personally identifiable information, including, but not limited to, addresses, telephone numbers, school addresses, work addresses, identification numbers, account numbers, access codes or passwords, labeled photographs or other information that would make the individual's identity easily traceable, and will not repost a message that was sent to the user privately without permission of the person who sent the message.

9. Users will not use the school district system to violate copyright laws or usage licensing agreements, or otherwise to use another person's property without the persons prior approval or proper citation, including the downloading or exchanging of pirated software or copying software to or from any school computer, and will not plagiarize works they find on the Internet.

10. Users will not use the school district system for conducting business, for unauthorized commercial purposes or for financial gain unrelated to the mission of the school district. Users will not use the school district system to offer or provide goods or services or for product advertisement. Users will not use the school district system to purchase goods or services for personal use without authorization from the appropriate school district official.

11. Users will not use the school district system to engage in bullying or cyberbullying in violation of the school district's Bullying Prohibition Policy 578. This prohibition includes using any technology or other electronic communication off school premises to the extent that student learning or the school environment is substantially and materially disrupted. 

IV. INTERNET CONTENT FILTER

A. With respect to any of its computers with Internet access, the school district will monitor the online activities of minors and adults. The school district will employ technology protection measures during any use of such computers by minors and adults. The technology protection measures utilized will block or filter Internet access to any visual depictions that are:

1. Obscene;

2. Child pornography; or

3. Harmful to minors.

B. The term "harmful to minors" means any picture, image, graphic image file, or other visual depiction that:

1. Taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion; or

2. Depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and

3. Taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors.

C. An administrator, supervisor or other person authorized by the Superintendent may disable the technology protection measure, during use by an adult, to enable access for bona fide research or other lawful purposes.

V. USER EDUCATION

A. All users shall be notified of the school district policies relating to Internet use.

B. This notification/training shall include the following:

1. Notification that Internet use is subject to compliance with school district policies.

2. Disclaimers limiting the school district's liability relative to:

a) Information stored on school district media.

b) Information retrieved through school district computers, networks or online resources.

c) Personal property used to access school district computers, networks or online resources.

d) Unauthorized financial obligations resulting from use of school district resources/accounts to access the Internet.

3. A description of the privacy rights and limitations of school sponsored/managed Internet accounts.

4. Notification that, even though the school district may use technical means to limit students Internet access, these limits do not provide a foolproof means for enforcing the provisions of this acceptable use policy.

5. Notification that goods and services can be purchased over the Internet that could potentially result in unwanted financial obligations and that any financial obligation incurred by the user through the Internet is the sole responsibility of the student and/or the student's parents.

6. Notification that the collection, creation, reception, maintenance, and dissemination of data via the Internet, including electronic communications, is governed by Moorhead School Board Policy 414: Employee Public and Private Personnel Data, and Moorhead School Board Policy 504: Protection and Privacy of Student Records.

7. Notification that, should the user violate the school district's acceptable use policy, the user's access privileges may be revoked, school disciplinary action may be taken and /or appropriate legal action may be taken.

8. Notification that all provisions of the acceptable use policy are subordinate to local, state and federal laws.

VI. PARENT/GUARDIAN RESPONSIBILITY; NOTIFICATION OF STUDENT INTERNET USE

A. Outside of school, parents/guardians bear responsibility for the same guidance of Internet use as they exercise with information sources such as television, telephones, radio, movies and other possibly offensive media.  Parents/guardians are responsible for monitoring their students use of the school district system and of the Internet if the student is accessing the school district system from home or a remote location.

B. Parents/guardians should understand that their students will be using school district resources/accounts to access the Internet and that the school district will provide parents/guardians the option to request alternative activities not requiring Internet access.  Parent/guardian options include:

1. Overview of training provided to the student user.

2. Description of parent/guardian responsibilities.

3. A notification that the parents/guardians have the option to request alternative educational activities not requiring Internet access and the material to exercise this option.

4. Statement that the school district's acceptable use policy is available for parental review.

VII. TERMINATION/REVOCATION OF SYSTEM USER ACCOUNT

A. A guest user's account may be established to accomplish specific educational training or tasks by the network manager or designee.  These accounts will be terminated upon completion of the educational training task.  Termination may take place without notice given to the guest system user.

B. The district may suspend or revoke a system user's access to the district's system upon any violation of district policy and/or administrative regulation according to the following guidelines:

1. Violations considered minor would include violation of computer lab rules, going to an inappropriate site, harassing e-mail, etc.

a) Consequences will be determined by building administrators in collaboration with teachers and district administration in accordance with building behavior policies.

2. Violations considered major would include impersonating school officials, obtaining e-mail accounts through misrepresentation, life-threatening e-mail, accessing accounts or folders of others, etc.  

a) Consequences will be determined by building administrators in collaboration with teachers and district administrators in accordance with district behavior policies.  Consequences may include legal prosecution and suspension or expulsion in accordance with district policies.

b) Prior to a suspension or revocation of system service or as soon as practicable, the building administrator will inform the system user of the suspected violation and give the system user an opportunity to present an explanation.  If the decision of the building administrator is to suspend or revoke network privileges, Administrative Procedure 731.3 will be completed.

VIII. USE OF E-MAIL SYSTEMS

A. All employees have access to an e-mail account provided by the district.  E-mail sent and received over this system is subject to the Open Records Laws of Minnesota, the confidentialities provided for in the Family Educational Rights and Privacy Act (FERPA) and other local, state or federal laws that may apply.

B.  Student e-mail accounts will be provided by the district.  Access to these accounts will require registration and verification of student status and agreement to appropriate use of the account.

C. The district reserves the right to require termination of individual accounts if used for inappropriate purposes as defined in this policy.

D. It is the responsibility of system users to save e-mail correspondence they wish to retain in their personal folders.

IX. PUBLICATION OF MATERIALS ON THE NETWORK

A. General Responsibility/Liability

1. The publisher (Moorhead Area Public Schools) assumes general liability for the content of material.  As such, the publisher retains the right to control the content of the publication.

2. The creator (employees, students and parent support groups) is obligated to observe copyright (refer to Moorhead School Board Policy 730: School District Copyright Policy) and other rights to intellectual property. The creator is required to provide the publisher with evidence of compliance with intellectual property rights involved in the creation.

B. Classrooms, Activities, Departments & Building Webpages

1. Publication of classrooms, departments, buildings or any other organizational elements of the district are considered to be publications of the Moorhead Area Public Schools.  As such, the district has a right to control the content. Exercising this right may include deletion of these materials from these publications as well as other editorial rights.

2. Publications containing information about classrooms, departments, buildings or any other organizational elements of the district must reside on the servers of Moorhead Area Public Schools or their approved agents.

3. The creator of these publications is responsible for observing copyright and other intellectual property rights. The publisher at its sole discretion, may refuse to publish such material if compliance with intellectual property rights is suspect, if the publisher suspects publication of such material will jeopardize the confidentiality of staff or student information or for any other reason the publisher (Moorhead Area Public Schools) deems appropriate.

4. The creator is responsible for the appropriateness of all links to other sites on the Internet.

5. Links contained may not include links to a personal (staff or student) Web page.

6. All materials included in the publication must be appropriate as defined in other sections of this document.

X. INFORMATION CONTENT/THIRD PARTY SUPPLIED INFORMATION

A. System users and parents/guardians of system users are advised that the use of the district's system may provide access to other electronic communication systems that may contain inaccurate and/or objectionable material. The district does not condone the use of objectionable materials. Such materials are prohibited in the school environment. Parents/guardians of students with accounts on the district's system should be aware of the existence of such materials and monitor their student's home usage of the district's resources accordingly.

B. Students knowingly bringing prohibited materials into the school environment may be subject to suspension and/or revocation of their privileges on the district's system and will be subject to discipline in accordance with the district's policy and applicable administrative regulations.

C. Staff knowingly bringing prohibited materials into the school will be subject to disciplinary action in accordance with district policy and contractual agreements for discipline and dismissal.

D. Opinions, advice, services and all other information expressed by system users, information providers, service providers or other third party individuals in the system are those of the information providers and not the district.

XI. LIMITED EXPECTATION OF PRIVACY

A. By authorizing use of the school district system, the school district does not relinquish control over materials on the system or contained in files on the system. Users should expect only limited privacy in the contents of personal files on the school district system.

B. Routine maintenance and monitoring of the school district system may lead to a discovery that a user has violated this policy, another school district policy, or the law.

C. An individual investigation or search will be conducted if school activities have a reasonable suspicion that the search will uncover a violation of law or school district policy.

D. Parents have the right at any time to investigate or review the contents of their child's files and e-mail files. Parents have the right to request the termination of their child's individual account at any time.

E. All users should be aware that the school district retains the right at any time to investigate or review the contents of their files and e-mail files. In addition, users should be aware that data and other materials in files maintained on the school district system may be subject to review, disclosure or discovery under Minn. Stat. Ch. 13 (the Minnesota Government Data Practices Act).

F. The school district will cooperate fully with local, state and federal authorities in any investigation concerning or related to any illegal activities or activities not in compliance with school district policies conducted through the school district system.

XII. LIMITATION OF SCHOOL DISTRICT LIABILITY

Use of the school district system is at the user's own risk.  The system is provided on an "as is, as available" basis.  The school district will not be responsible for any damage users may suffer, including, but not limited to, loss, damage or unavailability of data stored on school district media or for delays or changes in or interruptions of service or misdeliveries or nondeliveries of information or materials, regardless of the cause.  The school district is not responsible for the accuracy or quality of any advice or information obtained through or stored on the school district system.  The school district will not be responsible for financial obligations arising through unauthorized use of the school district system or the Internet.

XIII. CONSISTENCY WITH OTHER SCHOOL POLICIES

Use of the school district computer system and use of the Internet shall be consistent with school district policies and the mission of the school district.

 

Rewards
Type: School Board Policy
Section: 900 SCHOOL DISTRICT - COMMUNITY RELATIONS
Code: 907
Adopted Date: 4/10/2006
Revised Date(s): 04/26/2010, 12/09/2013, 05/08/2017, 02/14/2023
Reviewed Date(s): 04/26/2010, 12/09/2013, 05/08/2017, 07/15/2020, 01/17/2023, 02/14/2023
Attachments:

I.  PURPOSE

The purpose of this policy is to authorize the Moorhead School Board to offer rewards to persons who provide accurate and reliable information leading to the conviction of a person who has committed or conspired to commit a crime against students, school employees, volunteers, or School Board members as a result of their affiliation with the Moorhead Area Public Schools, or against school district property.

II.  GENERAL STATEMENT

The School Board believes that, in certain circumstances, the offering of a reward may lead to the receipt of information that would solve or prevent a crime against students, school employees, volunteers, School Board members, or school district property. The School Board also believes that the fact that the School Board may offer a reward may have a deterrent effect on the commission of such crimes.

III.  APPROVAL OF OFFERING OF REWARDS

The School Board shall approve the offering of any rewards by the school district. The approval shall specify the amount of the reward and the crime to which it is applicable. The approval may relate to a specific incident or to a continuing category of crime, i.e., assault of a teacher, damage to school property, etc.

IV.  ESTABLISHMENT OF PROCEDURES

The Superintendent or designee shall be responsible for directives and procedures to address the timing and method of payment of any reward earned by an information provider.  The information provided must have led to the conviction of a person who committed or conspired to commit the crime for which the reward was offered.

 
Legal Reference:
Minn. Stat. 123B.02, Subd. 22 (General Powers of Independent School Districts)
 
Cross Reference:
MSBA/MASA Model Policy 907: Rewards 

 

Safety and Security Procedures
Type: Administrative Procedure
Section: 700 NON-INSTRUCTIONAL OPERATIONS AND BUSINESS SERVICES
Code: 712.1
Adopted Date: 10/9/1995
Revised Date(s): 07/30/1997, 04/10/2017
Reviewed Date(s): 02/07/1997, 04/10/2017
Attachments:

l. PURPOSE

The purpose of this administrative procedure is to implement the policy of Moorhead Area Public Schools concerning the use of safety and security technology in school buildings, school buses, and other property utilized by the school district to enhance the safety and security of pupils and employees. This administrative procedure is also intended to operate in conjunction with Moorhead School Board Policy 506: Student Discipline.

II. GENERAL STATEMENT

A. General Procedures for Use of Metal Detectors.

1. Metal detector searches may be conducted by a free-standing walk- through metal detector and/or a by hand-held wand metal detector. The use of either type of metal detector, or both, is solely within the discretion of the school district. The search is limited to a search for weapons.

2. "Weapons" include: articles designed or commonly used to inflict bodily harm and/or intimidate other persons. Examples are: firearms (loaded or unloaded), knives, clubs, metal knuckles, nunchucks, throwing stars, explosives, stun-guns, ammunition, chains, pellet guns, look-alike guns, and other non-functioning guns that could be used to threaten others.

3. "Person" or "persons" include: students, building employees and visitors.

4. All metal detector searches will be conducted by school officials (hereinafter "official") designated by the building administrator.

5. Notice that metal detector searches may be conducted on the school grounds and pursuant to this procedure will be provided to students and employees at the beginning of each school year, or at such other times as the school district deems appropriate prior to use. The school district will also maintain copies of this procedure in the school buildings utilizing this procedure and copies of the procedure will be distributed to members of the public upon their request.

6. The school district is not required to inform any person of the date and time a metal detector search will take place.

7. If the school district intends to conduct a search of all persons for weapons, arrangements for the presence of local law enforcement officials during the search should be made, to the extent possible, primarily for increased safety and the further search and removal of a weapon from a student, employee or visitor.

8. Permanent signs will be posted outside of the main entrance to the school building and in conspicuous places therein as deemed necessary by the building administrator. The notice will read: "NOTICE - Any and all students, employees, and visitors may be subject to a metal detector search for weapons on this campus at any time."

9. All persons entering the school building are subject to the search. Should the lines become too long, the building administrator, at his/her discretion, may decide to limit the search by any random formula, e.g. search every second or third person. No person may be singled out and subjected to a search unless there is a reasonable suspicion to believe that the person is in possession of a weapon.

10. The purpose of a metal detector search is solely to search for weapons. If other contraband (e.g. drugs, etc.) is found on the person during a search, and possession thereof is in violation of school district policy, rules or the law, the contraband is to be confiscated and the building administrator informed. The building administrator then determines the disciplinary action to be taken in accordance with Moorhead School Board Policy 506: Student Discipline.

11. "Reasonable suspicion" under this administrative procedure shall mean grounds to suspect that a search of the person will turn up evidence that the person possesses a weapon. Reasonable suspicion may be based on an official's personal observation of a person's behavior, the person's age, past history or record of conduct, a report from a student or employee, or other reliable source of information.

12. A student who finds a weapon on the way to school and is proceeding to take the weapon immediately to the principal's office must notify the official and produce the weapon prior to being subject to the metal detector search. A student taking such measures will not be considered in possession of a weapon.

13. The Moorhead School Board authorizes the school district administration to make the necessary finding that local conditions specifically relating to weapon-related incidents involving students, employees and visitors constitute reasonable grounds for suspecting that a metal detector search will turn up evidence that a student, employee, or visitor has violated, or is violating either law or school rules. The School Board further authorizes the school district administration to act upon such a finding.

B. Free-Standing Metal Detector Search.

1. Locate the metal detector inside of the school building entrance with one or two tables nearby for placement of the person's personal items.

2. As the person steps up to the metal detector, ask the person to empty his/her pockets onto the table and to surrender his/her jacket or coat and any bags or parcels the person may be carrying.

3. One official searches the person's jacket or coat and bag or parcels looking only for weapons.

 
a. The initial search of the person's personal items must be conducted only on the outside of the item, feeling for weapons.
 
b. If the official has a reasonable suspicion as a result of feeling the outside of the jacket or coat and bag or parcel, or from the weight of the item that a weapon is contained inside of the jacket or coat and bag or parcel, the official may open and look inside the jacket or coat and bag or parcel in search of a weapon.
 
c. If a weapon is found, remove the weapon from the item and seek assistance in escorting the student to the principal's office.
 
d. If a weapon is found in the jacket or coat and/or bag or parcel of an employee or visitor, immediately contact law enforcement for further action.


4. Simultaneously, another official asks the person to walk through the metal detector.

5. If the metal detector is not activated, direct the person to retrieve his/her belongings.

6. If the metal detector is activated;

a. Ask the person to remove all metal objects from his/her person and to place them on a table separate from the table for personal belongings. The building administrator or other school district administrator should be stationed near the table to assist in the retrieval of the weapon.
 
b. Ask the person to walk through the metal detector a second time.
 
c. If the student again activates the metal detector, escort the student to a designated private area away from the remaining student population where a more thorough search may be conducted.
 
d. If an employee or visitor again activates the metal detector, escort the person to a designated area away from the student population where law enforcement officials are present.
 
7. A more thorough search of students should be conducted as follows:
 
a. Have two officials of the same sex as the student present in the private area. One official will conduct the search, while the other official monitors the search.
 
b. Ask the student to remove any metal objects.
 
c. If the student refuses to remove the metal object that activated the metal detector, ask the student to indicate the area on his/her person where the metal object is located.

(1) If the school district has a hand-held metal detector available, follow the procedure set forth in C.1.h. and i.

(2) If the student indicates a specific area, conduct a pat-down of that specific area, looking for the object which activated the metal detector.
 
(3) If the student refuses to indicate where the metal object is located, and the official has a reasonable suspicion that the student is possessing a weapon, the official may conduct a pat-down search of the student focused on finding the metal object that activated the metal detector.
 
d. If an object is discovered, ask the student to remove the object.
 
e. If the student refuses to remove the article, the official should then remove the object. If the object is a weapon, contact the police in accordance with Moorhead School Board Policy 551: Student Discipline.
 
f. After a metal object, not a weapon, is removed from the student, ask the student to walk through the metal detector again. If the metal detector is not activated, the search is terminated.
 
g. If the metal detector is activated, return to step 7 and continue until metal object activating the metal detector is located.

C. Hand-Held Metal Detector.

1. The Person.
 
a. The official conducting the search first approaches the person and verbally explains the scanning process.
 
b. Female persons are scanned by female officials. Male persons are scanned only by male officials.
 
c. Ask the person to place any bag or parcel on a nearby table and to remove any metal objects from the their pocket.
 
d. If a person refuses to cooperate, the official is to notify the building administrator, who will be present nearby, to monitor the search.
 
e. If the person cooperates, and while the principal is monitoring, the official scans the front and back of the person with the hand-held metal detector beginning at the person's toes and continuing up to the head without actually touching the body.
 
f. If the device is not activated, direct the person to retrieve his/her belongings.
 
g. If the scanning devise is activated:
 
(1) Ask the person to remove all metal objects and place them on a nearby table.
 
(2) Conduct a second scan of the person, identical to the first scan.
 
(3) If the scanner is not activated, and the person did not place a weapon on the table, direct the person to retrieve his/her belongings.
 
h. If the scanner is activated twice by an employee or visitor and the person cannot or will not remove the metal object activating the scanner, escort the person to a private area away from the student population where law enforcement officials are present.
 
i. If the scanner is again activated by a student, escort the student to the designated private area away from the remaining student population where a more thorough search will be conducted.
 
(1) Two officials, the same sex as the student, will be present in the private area. One official will conduct the search, while the other official monitors the search.
 
(2) Ask the student to remove any metal objects.
 
(3) If the student fails to remove any metal object, scan the student again, identical to the previous scans.
 
(4) If the scanner is again activated, conduct a pat-down search precisely where the scanner was activated searching only for the presence of metal that activated the scanning device.
 
j. If an object is located:
 
(1) Ask the student to remove the object.
 
(2) If the student refuses to remove it, the official then removes the object from the student.
 
(3) Scan the student again.
 
(a) If the device is not activated, the search is terminated.
 
(b) If the scanning device is activated, return to step h(2), and continue until the metal object activating the scanner is located and retrieved.
 
k. If a weapon is found as a result of the search, follow normal school district policy and procedure regarding the notification of police and student discipline.

2. Bags and parcels, etc.

a. Ask the person to place the bag or parcel on a table or some other place apart from the person.

b. Scan the bag around the outside with the metal detector.

c. If the scanner is not activated return the bag or parcel to the person.
 
d. If the scanner is activated, ask the person to open the bag or parcel.

(1) Look in the bag near the place where the scanner was activated and remove any object that might have activated the scanner.

(2) After removing an object, rescan the bag.
 
(3) If no other object is detected, terminate the search.
 
e. If a weapon is found as a result of the search of a student's possessions, follow normal school district policy and procedure regarding the notification of police and student discipline.
 
f. If a weapon is found in an employee's or visitor's possession as a result of the search, immediately notify law enforcement officials for further action.
Safety and Security Technology
Type: School Board Policy
Section: 700 NON-INSTRUCTIONAL OPERATIONS AND BUSINESS SERVICES
Code: 712
Adopted Date: 8/14/1995
Revised Date(s): 04/12/2004, 06/13/2011, 12/09/2013, 04/10/2017, 07/15/2020, 01/17/2023, 02/14/2023
Reviewed Date(s): 02/14/2000, 04/12/2004, 06/13/2011, 12/09/2013, 04/10/2017, 06/10/2020, 02/14/2023
Attachments:
l. PURPOSE
 
The purpose of this policy is to regulate safety and security technology.
 
II. GENERAL STATEMENT
Safety and security technology is used to enhance the safety and security of students and employees in school buildings, school buses and other property utilized by Moorhead Area Public Schools. Various forms of audio and video technology equipment may be utilized to deter misbehavior, promote security and safety, and serve as evidence if needed for disciplinary action or criminal proceedings. The purchase and utilization of safety and security technology will occur only after review and approval by the Moorhead School Board. Please refer to Administrative Procedure 712.1.
 
III. VIDEO SURVEILLANCE CAMERAS

A. Placement in School Buildings and Grounds

1. School district buildings and grounds may be equipped with video and audio recording equipment. Signs will be placed at entrances to buildings where video and audio recording equipment are installed notifying all persons that their conversation or actions may be recorded.

2. Video or audio surveillance equipment may occur in any school district building or any owned or leased school district property.

3. Video or audio surveillance equipment will normally not be used in bathrooms or locker rooms, although these areas may be placed under surveillance by individuals of the same sex as the occupants of the bathrooms or locker rooms. Video or audio surveillance equipment in bathrooms or locker rooms will only be utilized in extreme situations, with extraordinary controls, and only as expressly approved by the Superintendent.

B. Placement in School Buses

School buses owned, leased, contracted, and/or operated by the school district may be equipped with video and audio recording equipment. Conspicuously placed signs will notify riders that their conversations or actions may be recorded.

C. Use and Retention of Video and Audio Recordings

1. Video recordings will be viewed by school district personnel on a random basis and/or when problems have been brought to the attention of the school district.
 
2. A video recording of the actions of students and/or employees may be used by the school district as evidence in any disciplinary action brought against any student or employee arising out of the student's or employee's conduct in school district buildings, school buses or on school grounds. Recordings will be reviewed under the following conditions:

a. a complaint or report from a student, employee, parent/guardian, bus driver, or other citizen arising out of suspected district personal misconduct;

b. at the request of a school administrator or law enforcement agency;
 
c. periodic review at the discretion of the building administrators, transportation director, or other designees of the Superintendent.
 
3. Video and audio recordings will not be released or reviewed by parents/guardians, the public, or district personnel except in conformance with Minnesota Statutes Chapter 13 (Minnesota Government Data Practices Act) and 20 United States Code section 1232g (Family Education Rights and Privacy Act) and rules and/or regulations promulgated thereunder.

4. Video and audio recordings or copies of the video and audio recordings used as evidence in school policy or safety violations will be retained by the school district until the conclusion of any disciplinary proceeding in which the video and audio recording is used as evidence and will be kept as set forth in the school district's records and retention schedule.

5. Video and audio recordings used as evidence in criminal proceedings will be provided to law enforcement officials.

IV. OTHER SAFETY AND SECURITY TECHNOLOGY

A. Placement
Other forms of safety technology may be utilized to enhance student and employee safety.

B. Use
Any safety and security technology used, such as stationary or hand-held metal detectors, will be utilized in accordance with federal and state statutes and local ordinances. Students and employees will be informed in advance of the use of any such equipment.
 
C. Security and Maintenance
 
1. The school district shall establish appropriate security safeguards to ensure that video and audio recordings are maintained and stored in conformance with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, and the Family Educational Rights and Privacy Act, 20 United States Code section 1232g, and the rules and/or regulations promulgated thereunder.
 
2. The school district shall ensure that video and audio recordings are retained in accordance with the school district's records retention schedule.
 
 

Legal References:
Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)
Minn. Stat. 121A.585 (Notice of Recording Device)
Minn. Stat. 138.17 (Government Records; Administration)
Minn. Stat.. 609.746 (Interference with Privacy)
20.U.S.C. 1232g (Family Educational Rights and Privacy Act)
34 C.F.R. Secs. 99.1-99.67 (Family Educational Rights and Privacy)

Cross References:
MSBA/MASA Model Policy 711: (Video Recording on School Buses)
MSBA/MASA Model Policy 712: (Video Surveillance Other than on Buses)
MSBA/MASA Model Policy 403 (Discipline, Suspension, and Dismissal of School District Employees)
MSBA/MASA Model Policy 406 (Public and Private Personnel Data)
MSBA/MASA Model Policy 502 (Search of Student Lockers, Desks, Personal Possessions, and Student’s Person)
MSBA/MASA Model Policy 506 (Student Discipline)
MSBA/MASA Model Policy 515 (Protection and Privacy of Pupil Records)
MSBA/MASA Model Policy 709 (Student Transportation Safety Policy)
Moorhead School Board Policy 504: Protection and Privacy of Student Records
Moorhead School Board Policy 551: Student Discipline
Moorhead School Board Policy 574: Search of Student Lockers, Desks, Personal Possessions, and Student's Person
Moorhead School Board Policy 721: Student Transportation Safety
Sanitary Guidelines/Prevention of Communicable Disease
Type: Administrative Procedure
Section: 400 EMPLOYEES/PERSONNEL
Code: 446.1
Adopted Date: 4/20/1988
Revised Date(s): 02/07/1997, 04/13/2015
Reviewed Date(s): 11/01/1994, 02/07/1997, 11/19/2002, 04/09/2007, 04/13/2015, 04/09/2018
Attachments:

I. PURPOSE

To reduce the risk of occupational exposure to blood-borne pathogens, and/or other potentially infectious materials, in compliance with federal and state regulations.
 
II. GENERAL STATEMENT OF PROCEDURE
 
Body fluids may contain organisms, which may transmit disease. These organisms may be carried by individuals who may have no symptoms of illness, may be incubating disease, or may be mildly infected without symptoms, or they may be carriers of HIV and or hepatitis virus. Routine procedures for handling of body fluids can decrease the transmission of infectious disease. 
 
CONTACT WITH BODY FLUIDS

A. Ill/Injured Students

1. If possible, avoid contact with body fluids.
  • Allow student/staff to clean own injury when appropriate.
  • Use additional absorbent material, i.e. paper towel, tissues.

2. Gloves should be utilized in possible blood contact situations.

3. Gloves must be utilized by caretakers with non-intact skin (dermatitis, chapped hands, cuts and abrasions) when handling all body fluids.

4. Gloves should be changed after each person and discarded in a lined trash container.

5. Hands and other skin surfaces should be washed immediately and thoroughly after contact with blood or other body fluids.

6. Surfaces which have been soiled with blood or other body fluids should be cleaned (usually with soap and water) and disinfected with alcohol or other bleach solution. Call a custodian for large spills.

7. Wash hands after removing gloves.

B. Clothing and Other Non-disposable Items

1. USE GLOVES TO RINSE BLOOD SOAKED ITEMS IN COLD WATER AND PLACE IN PLASTIC BAG.

2. If item is bleachable, add 1/2 cup bleach to the wash cycle.

3. If item is not bleachable, add 1/2 cup non-chlorine bleach to wash cycle.

C. Carpets

1. Apply a sanitary absorbent agent.

2. Allow agent to dry according to the directions.

3. If needed, mechanically remove the dust pan and broom.

4. Vacuum.

5. May apply rug shampoo (containing a germicidal detergent).

6. Re-vacuum.

D. Hard Surfaces (e.g. floors, tile, walls, terrazzo)

1. Disinfectants should be used to clean surfaces contaminated with body fluids. These disinfectants should kill vegetative bacteria, fungi, tubercle bacillus and virus. One of the following disinfectants may be used:

a) Dilute hypochlorite solutions (bleach) is preferred for objects which may be put in the mouth.
 
b) Ethyl or isopropyl alcohol (70%).
 
c) Phenolic germicidal detergent in a 1% aqueous solution (e.g. Lysol).
 
d) Sodium Hypochlorite with at least 100 ppm available chlorine (1/2 cup household bleach in 1 gallon water). Solution needs to be freshly prepared daily.
 
e) Quaternary ammonium germicidal detergent in 2% aqueous solution (e.g. Tri-quat, Mytar, Sage).

f) Iodor germicidal detergent with 500 pm available iodine (e.g. Wescodyne).

E. Equipment Cleanup

1. Gloves should be worn while cleaning equipment used in the cleaning up of blood, vomitus and other body fluids.

2. Mops should be:

a) soaked in disinfectant after use.

b) washed in hot water.
 
c) rinsed.
 
3. Non-disposable equipment (dust pans, buckets, brushes) shall be rinsed thoroughly in the disinfectant.

4. Discard used solution promptly in drain.

5. Rinse pail or container.

6. Disposable equipment shall be placed in lined trash receptacle.

7. Custodial rubber gloves are washed with soap and water and hung to dry.

GUIDELINES FOR HAND WASHING

Hand washing is the single most important technique for preventing the spread of infections.

A. When one should wash hands:

1. Before drinking and eating.

2. Before handling clean utensils or equipment.

3. Before and after food handling.

4. Before and after toileting.

5. After contact with body secretions such as blood, mensus, mucus, saliva, drainage from wounds, urine or feces.

6. After handling soiled diapers, menstrual pads, garments or equipment.

7. After removing disposable gloves.

B. How to hand wash.

1. Remove all jewelry.

2. Wet hands with running water.

3. Apply soap and lather well, wash hands for 10-30 seconds; wash fronts.

4. Rinse hands well under running water.

5. Dry hands well with paper towel. Apply lotion as needed. Turn off faucet with paper towel and discard towel.
School Attendance Governing Enrollment of Children/Adults with Disabilities
Type: School Board Policy
Section: 500 STUDENTS
Code: 551
Adopted Date: 1/11/1977
Revised Date(s): 12/08/2008, 05/13/2013, 12/14/2015
Reviewed Date(s): 12/01/1990, 01/08/1996, 05/08/2000, 12/13/2004, 12/08/2008, 05/13/2013, 12/14/2015, 02/11/2019, 07/21/2022
Attachments:

I.  PURPOSE

The purpose of this policy is to define the enrollment of children/adults with disabilities.

II.  GENERAL STATEMENT

Moorhead Area Public Schools will provide special education instruction and services, either within the district or in another district, for all school-age individuals who are residents of the school district and who are identified with disabilities as set forth in Minn. Stat. 125A.02.

School-age means from birth until September 1 after the learner with a disability becomes 21 years of age and shall not extend beyond secondary school or its equivalent.

Legal References:

Minn. Stat. 125A.02 (Definition and Children with a Disability)
Minn. Stat. 125A.03 (Special Instruction for Children with a Disability) 
 
Cross References:
Moorhead School Board Policy 502: Student Disability Nondiscrimination
Moorhead School Board Policy 602: Special Education Programs
Moorhead School Board Policy 603: Special Education Policies and Procedures
School Board Code of Ethics
Type: School Board Policy
Section: 200 SCHOOL BOARD
Code: 209
Adopted Date: 8/12/2002
Revised Date(s): 10/09/2006, 06/10/2013, 10/13/2021, 08/03/2022, 09/13/2022
Reviewed Date(s): 10/09/2006, 06/10/2013, 11/09/2015, 10/08/2018, 10/13/2021, 09/13/2022
Attachments:

I. PURPOSE

The purpose of this policy is to assist the individual School Board members in understanding their role as part of a School Board and in recognizing the contribution that each member must make to develop an effective and responsible School Board. The principles and values embodied in the code of ethics prioritize board members' obligations to students, the district, and community. As a written set of expectations, a code  of ethics guides board members' decision-making and behavior.

II. GENERAL STATEMENT

Each School Board member shall follow the code of ethics stated in this policy.

A. AS A MEMBER OF THE MOORHEAD SCHOOL BOARD, I WILL:

1. Attend School Board meetings.
 
2. Come to the meetings prepared for discussion of the agenda items.
 
3. Listen to the opinions and views of others (including, but not limited to, other School Board members, administration, staff, students, and community members).
 
4. Vote my conscience after informed discussion, unless I abstain because a conflict of interest exists.
 
5. Support the decision of the School Board, even if my position concerning the issue was different.
 
6. Recognize the integrity of my predecessors and associates and appreciate their work.
 
7. Be primarily motivated by a desire to provide the best possible education for the students of my school district.
 
8. Be informed about the proper duties and functions of a School Board member.

B. IN PERFORMING THE PROPER FUNCTIONS OF A SCHOOL BOARD MEMBER, I WILL:

1. Focus on education policy as much as possible.
 
2. Remember my responsibility is to set policy - not to implement policy.

3. Consider myself a trustee of public education and do my best to protect, conserve, and advance its progress.

4. Recognize that my responsibility, exercised through the actions of the School Board as a whole, is to see that the schools are properly run - not to run them myself.
 
5. Work through the Superintendent - not over or around the Superintendent.
 
6. Delegate the implementation of School Board decisions to the Superintendent.
 
C. TO MAINTAIN RELATIONS WITH OTHER MEMBERS OF THE SCHOOL BOARD, I WILL:
 
1. Respect the rights of others to have and express opinions.
 
2. Recognize that authority rests with the School Board in legal session - not with the individual members of the School Board except as authorized by law.
 
3. Make no disparaging remarks, in or out of School Board meetings, about other members of the School Board or their opinions.
 
4. Keep an open mind about how I will vote on any proposition until the board has met and fully discussed the issue.
 
5. Make decisions by voting in School Board meetings after all sides of debatable questions have been presented.
 
6. Insist that committees be appointed to serve only in an advisory capacity to the School Board.
 
D. IN MEETING MY RESPONSIBILITIES TO MY COMMUNITY, I WILL:

1. Attempt to appraise and plan for both the present and future educational needs of the school district and community.
 
2. Attempt to obtain adequate financial support for the school district's programs.
 
3. Insist that business transactions of the school district be ethical and open.
 
4. Strive to uphold my responsibilities and accountability to the taxpayers in my school district.
 
E. IN WORKING WITH THE SUPERINTENDENT OF SCHOOLS AND STAFF, I WILL:

1. Hold the Superintendent responsible for the administration of the school district.
 
2. Give the Superintendent authority commensurate with his or her responsibilities.
 
3. Assure that the school district will be administered by the best professional personnel available.
 
4. Consider the recommendation of the Superintendent in hiring all employees.
 
5. Participate in School Board action after considering the recommendation of the Superintendent and only after the Superintendent has furnished adequate information supporting the recommendation.
 
6. Insist the Superintendent keep the School Board adequately informed at all times.
 
7. Offer the Superintendent counsel and advice.
 
8. Recognize the status of the Superintendent as the chief executive officer and a non-voting, ex officio member of the School Board.
 
9. Refer all complaints to the proper administrative officer or insist that they be presented in writing to the whole School Board for proper referral according to the chain of command.
 
10. Present any personal criticisms of employees to the Superintendent.
 

11. Provide support for the Superintendent and employees of the school district so they may perform their proper functions on a professional level.

F. IN FULFILLING MY LEGAL OPERATIONS AS A SCHOOL BOARD MEMBER, I WILL:

1. Comply with all federal, state, and local laws relating to my work as a School Board member.
 
2. Comply with all school district policies as adopted by the School Board.
 
3. Abide by all rules and regulations as promulgated by the Minnesota Department of Education and other state and federal agencies with jurisdiction over school districts.
 
4. Recognize that school district business may be legally transacted only in an open meeting of the School Board.
 
5. Avoid conflicts of interest and refrain from using any School Board position for personal gain.
 
6. Take no private action that will compromise the School Board or administration.
 
7. Guard the confidentiality of information that is protected under applicable law.

Legal References:
Minn. Stat. 123B.02 Subd. 1 (School District Powers)
Minn. Stat. 123B.09 (School Board Powers)
Minn. Stat. 123B.143 Subd. 1 (Superintendent)

Cross References:
Moorhead School Board Policy 201: School Board Legal Status
Moorhead School Board Policy 310: School Superintendent
MSBA Service Manual, Chapter 1, School Board Member Code of Ethics
MSBA/MASA Model Policy 209 (Code of Ethics)
School Board Conflict of Interest
Type: School Board Policy
Section: 200 SCHOOL BOARD
Code: 210
Adopted Date: 9/23/2002
Revised Date(s): 10/09/2006, 06/10/2013, 10/13/2021, 08/03/2022, 09/13/2022
Reviewed Date(s): 10/09/2006, 06/10/2013, 11/09/2015, 10/08/2018, 10/13/2021, 09/13/2022
Attachments:

I. PURPOSE

The purpose of this policy is to ensure observance of state statutes regarding conflict of interest and to engage in school district business activities in a fashion designed to avoid any conflict of interest or the appearance of impropriety.

II. GENERAL STATEMENT

It is the policy of the Moorhead School Board to contract for goods and services in conformance with statutory conflict of interest laws and do so in a manner that will avoid any conflict of interest or the appearance thereof. Accordingly, the Moorhead School Board will contract under the statutory exception provisions only when it is clearly in the best interest of the school district because of limitations which may exist on goods and services otherwise available to the school district.

III. GENERAL PROHIBITIONS AND RECOGNIZED STATUTORY EXCEPTIONS

A. A School Board member who is authorized to take part in any manner in making any sale, lease or contract in his or her official capacity shall not voluntarily have personal financial interest in that sale, lease, or contract or personally benefit financially.

B. In the following circumstances, however, the School Board may as an exception, by unanimous vote, contract for goods or services with a School Board member of the school district:

1. In the designation of a bank or savings association, in which a School Board member is interested, as an authorized depository for school district funds and as a source of borrowing, provided such deposited funds are protected in accordance with Minnesota Statute Chapter. 118A. Any School Board member having said interest shall disclose that interest and the interest shall be entered in upon the School Board minutes. Disclosure  shall be made when a bank or savings association is first designated as a depository or source of borrowing, or when such School Board member is elected, whichever is later. Disclosure serves as notice of the interest and  need only be made once;

2. The designation of an official newspaper or publication of matters therein, in which the School Board member is interested when it is the only newspaper complying with statutory requirements relating to the designation or publication;

3. A contract with a cooperative association of which the School Board member is a shareholder or stockholder, but not an officer or manager;

4. A contract in which competitive bids are not required by law. A contract made under this exception will be void unless the following procedures are observed:

a. The School Board shall authorize the contract in advance of its performance by adopting a resolution setting out the essential facts and determining that the contract price is as low as or lower than the price at which the goods or services could be obtained elsewhere.

b. In the case of an emergency when the contract cannot be authorized in advance, payment of the claims must be authorized by a like resolution when the facts of the emergency are also stated.

c. Before a claim is paid, the interested School Board member shall file with the clerk of the School Board an affidavit stating:

(1). The name of the School Board member and the office held;
(2). An itemization of the goods or services furnished;
(3). The contract price;
(4). The reasonable value;
(5). The interest of the School Board member in the contract; and
(6). That to the best of the School Board member's knowledge and belief, the contract price is as low as, or lower than, the price at which the goods or services could be obtained from other sources.

5. A School Board member may rent space in a public facility at a rate commensurate with that paid by other members of the public.
 
6. In the following circumstances, the School Board may as an exception, by majority vote at a meeting  at which all School Board members are present, contract for services with a school board member of the school district: A School Board member may be newly employed or may continue to be employed by the school district as an employee only if there is a reasonable expectation on July 1, or at the time the contract is entered into or extended, that the amount to be earned by the School Board member under that contract or employment relationship, will not exceed $20,000 in that fiscal year. If the School Board member does not receive majority approval to be initially employed or to continue in employment at a meeting at which all School Board members are present, that employment is immediately terminated and that School Board member has no further rights to employment while serving as a School Board member in the school district.

C. The School Board may contract with a class of school district employees, such as teachers or custodians, when the spouse of a School Board member is a member of the class of employees contracting with the School Board and the employee spouse receives no special monetary or other benefit that is substantially different from the benefits that other members of the class receive under the employment contract. For the School Board to invoke this exception, it must have a majority of disinterested School Board members vote to approve the contract, direct the School Board member spouse to abstain from voting to approve the contract, and publicly set out the essential facts of the contract at the meeting in which the contract is approved.

IV. LIMITATIONS ON RELATED EMPLOYEES

A. The Moorhead School Board must hire or dismiss teachers only at duly called meetings. When a husband and wife, brother and sister, or two brothers or sisters, constitute a quorum, no contract employing a teacher may be made or authorized except upon the unanimous vote of the full School Board.

B. The School Board may not employ any teacher related by blood or marriage, within the fourth degree, computed by the civil law, to a School Board member except by a unanimous vote of the full School Board.

V. CONFLICTS PRIOR TO TAKING OFFICE

A Moorhead School Board member with personal financial interest in the sale, lease or contract with the school district which was entered before the School Board member took office and presents an actual or potential conflict of interest, shall immediately notify the School Board of such interest. It shall thereafter be the responsibility of the School Board member to refrain from participating in any action relating to the sale, lease, or contract. At the time of renewal of any such sale, lease, or contract, the School Board may enter into or renew such sale, lease or contract only if it falls within one of the enumerated exceptions for contracts relating to goods or services provided above and if the procedures provided in this policy are followed.

VI. DETERMINATION AS TO WHETHER A CONFLICT OF INTEREST EXISTS

The determination as to whether a conflict of interest exists is to be made by the Moorhead School Board. Any School Board member who has an actual or potential conflict shall notify the School Board of such conflict immediately. The School Board member shall thereafter cooperate with the School Board as necessary for the School Board to make its determination.

Legal References:
Minn. Stat. 122A.40, Subd. 3 (Employment; Contracts; Termination)
Minn. Stat. 123B.195 (Board Member's Right to Employment)
Minn. Stat. 471.87 (Public Officers: Interest in Contract; Penalty)
Minn. Stat. 471.88 Subds. 2, 3, 4, 5, 12, 13, and 21 (Exceptions)
Minn. Stat. 471.89 (Contract, When Void)
Op. Atty. Gen. 437-A-4, March 15, 1935
Op. Atty. Gen. 90-C-5, July 30, 1940
Op. Atty. Gen. 90-A, August 14, 1957

Cross References:
Moorhead School Board Policy 201: School Board Legal Status
Moorhead School Board Policy 206: School Board Code of Ethics
MSBA/MASA Model Policy 210 (Conflict of Interest - School Board Members) 
 
School Board Evaluation
Type: School Board Policy
Section: 200 SCHOOL BOARD
Code: 221
Adopted Date: 6/28/1983
Revised Date(s): 01/24/2005, 06/09/2014, 08/14/2017, 04/11/2023
Reviewed Date(s): 05/12/1992, 06/09/1997, 04/23/2001, 01/24/2005, 06/09/2014, 08/14/2017, 10/08/2020, 03/17/2023, 04/11/2023
Attachments:
I. PURPOSE
 
The purpose of this policy is to provide for a systematic School Board evaluation. 


II. GENERAL STATEMENT

The Moorhead School Board believes and has directed that every person employed by the Moorhead Area Public School District has systematic performance reviews. The School Board desires to model this belief by reviewing its performance. The School Board believes that the personal and professional growth of its members and the individual and collective performance of board members in their role affects the quality of education in Moorhead and the daily operation of the school district.

The performance evaluation shall be performed in accordance with the following guidelines and shall include feedback from the district stakeholders:

A. Board members should know the standards against which they will be evaluated. They will be involved in the development of the standards.

B. The evaluation instrument designed for the board will be completed by each board member and others as determined by the board and the results tabulated.

C. The evaluation should take place a minimum of once a year. The preference is for all board members to be present.

School Board Legal Status
Type: School Board Policy
Section: 200 SCHOOL BOARD
Code: 201
Adopted Date: 8/27/2001
Revised Date(s): 10/10/2005, 10/12/2009, 08/09/2010, 02/25/2013, 12/11/2017, 03/21/2023, 04/11/2023
Reviewed Date(s): 10/10/2005, 10/12/2009, 08/09/2010, 02/25/2013, 12/11/2017, 10/08/2020, 03/17/2023, 03/21/2023, 04/11/2023
Attachments:

I. PURPOSE

The purpose of this policy is to define the authority, duties, and powers of the Moorhead School Board in carrying out the school district's mission. 

II. GENERAL STATEMENT

A. The care, management, and control of the schools is vested by statutory and constitutional authority in the School Board, The School Board shall carry out the mission of the school district with diligence, prudence, and dedication to the ideals of providing the finest public education.

B. Generally, elected members of the School Board have binding authority only when acting as a School Board legally in session, except where specific authority is provided to School Board members or officers individually. Generally, the School Board is not bound by any action or statement on the part of an individual School Board member unless the action is specifically directed or authorized by the School Board.
 
III. DEFINITION
 
"School board" means the governing body of the school district.

IV. ORGANIZATION AND MEMBERSHIP
 
A. The membership of the School Board consists of seven elected directors. The term of office is four years. 

 

B.  There may be other ex-officio members of the school board as provided by law. The Superintendent serves as a nonvoting ex-officio member of the School Board.
 
C. The majority of voting members constitute a quorum. The act of the majority of a quorum is the act of the School Board.
 
IV. POWERS AND DUTIES
 
A. The School Board has powers and duties as specified by statute. The School Board's authority includes implied powers in addition to specific powers granted by the legislature.
 
B. The School Board exercises administrative functions. It also has certain powers of a legislative character and other powers of a quasi-judicial character.
 
C. The School Board shall superintend and manage the schools of the district; adopt rules for the organization, government, and instruction; prescribe textbooks and courses of study; and make and authorize contracts.
 
D. The School Board shall have the general charge of the business of the school district, its facilities and property, and of the interest of the schools.
 
E. The School Board, among other duties, shall perform the following in accordance with applicable law:
 
1. provide by levy of tax necessary funds for the conduct of schools, the payment of indebtedness, and all proper expenses of the school district;

2. conduct the business of the schools and pay indebtedness and proper expenses;

3. employ and contract with necessary qualified teachers and discharge the same for cause;

4. provide services to promote the health of its students;

5. provide school buildings and erect needed buildings;

6. purchase, sell, and exchange school district property and equipment as deemed necessary by the School Board for school purposes;
 
7. provide for payment of claims against the school district and prosecute and defend actions by or against the school district in all proper cases;
 
8. employ and discharge necessary employees and contract for other services;
 
9. provide for transportation of students to and from schools as governed by statute; and
 
10. procure insurance against the liability of the school district, its officers, and employees.

F. The School Board, at its discretion, may perform the following:

1. provide library facilities, public evening schools, adult and continuing education programs, and extended year and extended day programs; 
 
2. furnish school lunches for students and others on such terms as the School Board determines;
 
3. enter into agreements with one or more other independent school districts to provide for agreed-upon educational services;
 
4. lease rooms or buildings for school purposes;

5. authorize the use of school facilities for community purposes that will not interfere with their use for school purposes;

6. authorize cocurricular and extracurricular activities;

7. receive, for the benefit of the school district, bequests, donations, or gifts for any proper purpose; and

8. perform other acts as the School Board shall deem to be reasonably necessary or required for the governance of the schools.


Legal References:
Minn. Stat. 123A.22 (Cooperative Centers for Vocational Education)
Minn. Stat. 123B.02 (General Powers of Independent School Districts)
Minn. Stat. 123B.09 (Boards of Independent School Districts)
Minn. Stat. 123B.14 (Officers of Independent School Districts)
Minn. Stat. 123B.23 (Liability Insurance; Officers and Employees)
Minn. Stat. 123B.49 (Extracurricular Activities; Insurance)
Minn. Stat. 123B.51 (Schoolhouses and Sites; Uses for School and Nonschool Purposes: Closings)
Minn. Stat. 123B.85 (Definitions)
Jensen v. Indep. Consol. Sch. Dist. No. 85, 160 Minn. 233, 199 N.W. 911 (1924)

Cross References:
Moorhead School Board Policy 101: Name and Legal Status of Moorhead Area Public Schools
Moorhead School Board Policy 202: School Board Officers
MSBA/MASA Model Policy 201 (Legal Status of the School Board)

School Board Meeting Agendas
Type: School Board Policy
Section: 200 SCHOOL BOARD
Code: 203-5
Adopted Date: 8/27/2001
Revised Date(s): 10/10/2005, 10/12/2009, 08/09/2010, 11/09/2015, 09/12/2016, 10/15/2019, 09/20/2022, 10/11/2022, 12/12/2023
Reviewed Date(s): 10/10/2005, 10/12/2009, 08/09/2010, 11/09/2015, 09/12/2016, 10/11/2022, 12/12/2023
Attachments:

I. PURPOSE

The purpose of this policy is to provide procedures for the preparation of the School Board of the meeting agenda to ensure that the School Board can accomplish its business as efficiently and expeditiously as possible.

II. GENERAL STATEMENT

The policy of the Moorhead School Board is that the School Board meetings shall be conducted in a manner to allow the School Board to accomplish its business while allowing reasoned debate and discussion of each matter to be acted upon. 

III. PROCEDURES

A. While all School Board members may provide input, it shall be the responsibility of the School Board Chair and/or Vice-Chair and Superintendent to develop, prepare and arrange the order of items for the tentative School Board meeting agenda for each School Board meeting.

B. Persons wishing to place an item on the agenda must make a request to the School Board Chair or Superintendent five (5) days before a school board meeting. The request should state the person's name, address, purpose of the item, action desired, and all supporting documents. The Chair and Superintendent shall determine whether to place the matter on the tentative agenda.

C. The tentative agenda and supporting documents shall be sent to School Board members three (3) days prior to a regular scheduled School Board meeting.

D. Items may only be added to the agenda by a motion adopted at the meeting. If an added item is acted upon, the minutes of the School Board meeting shall include a description of the matter.

E. At least one copy of any printed materials, including electronic communications, relating to the agenda items of the meeting prepared or distributed by or at the direction of the School Board or its employees and a) distributed at the meeting to all members of the governing body; b) distributed before the meeting to all members, or c) available in the meeting room for inspection by the public while the School Board considers their subject matter. This does not apply to materials classified by law as other than public or to materials relating to the agenda items of a closed meeting.

Legal References:
Minn. Stat. 123B.09, Subd. 7 (Boards of Independent School Districts)
Minn. Stat. 13D.01, Subd. 6 (Open Meeting Law)
Dept. of Admin. Advisory Op. No. 08-015 (July 9, 2008)
Dept. of Admin. Advisory Op. No. 10-013 (April 29, 2010)
Dept. of Admin. Advisory Op No. 13-015 (December 23, 2013)

Cross References: 
Moorhead School Board Policy 201: School Board Legal Status
Moorhead School Board Policy 201-1: School Board Procedures - Rules of Order
Moorhead School Board Policy 207: School Board Public Hearings
Moorhead School Board Policy 203-5: School Board Meeting Agendas
Moorhead School Board Policy 204: School Board Meeting Minutes
MSBA/MASA Model Policy 203.5 (School Board Meeting Agenda)
MSBA/MASA Model Policy 203.6 (Consent Agendas)
MSBA/MASA Model Policy 203 (Operation of the School Board – Governing Rules)
MSBA/MASA Model Policy 203.2 (Order of the Regular School Board Meeting)
MSBA/MASA Model Policy 204 (School Board Meeting Minutes)
MSBA/MASA Model Policy 207 (Public Hearings)

School Board Meeting Minutes
Type: School Board Policy
Section: 200 SCHOOL BOARD
Code: 204
Adopted Date: 8/27/2001
Revised Date(s): 10/10/2005, 12/14/2009, 11/12/2013, 05/08/2017, 09/19/2022, 10/11/2022
Reviewed Date(s): 10/10/2005, 12/14/2009, 11/12/2013, 05/08/2017, 10/15/2019, 10/11/2022
Attachments:

I. PURPOSE

The purpose of this policy is to establish procedures relating to the maintenance of records of the School Board of the Moorhead Area Public Schools and publication of its official proceedings.

II. GENERAL STATEMENT

It is the policy of the school district to maintain its records so that they will be available for inspection by members of the general public and to provide for the publication of its official proceedings in compliance with law.

III. MAINTENANCE OF MINUTES AND RECORDS

A. The Clerk shall keep and maintain permanent records of the School Board, including records of the minutes of School Board meetings and other required records of the School Board. All votes taken at meetings required to be open to the public pursuant to the Minnesota Open Meeting Law shall be recorded and maintained on file in the Superintendent's office and available for inspection by members of the public during regular business hours of the school district. Minutes of meetings shall be available for inspection at the administrative offices of the school district after they have been prepared. Minutes of a School Board meeting shall be approved or modified by the School Board at a subsequent meeting, which action shall be reflected in the official proceedings of that subsequent meeting.
 
B. Recordings of Closed Meetings
 
1. All closed meetings, except those closed as permitted by the attorney-client privilege, must be electronically recorded at the expense of the school district. Recordings of closed meetings shall be made separately from the recordings of an open meeting, to the extent such meetings are recorded. If a meeting is closed to discuss more than one (1) matter, each matter should be separately recorded.
 
2. Recordings of closed meetings shall be preserved by the school district for the following time periods:
 
a. Meetings closed to discuss labor negotiations strategy shall be preserved for two (2) years after all contracts in the cycle are signed.
  
b. Meetings closed to discuss security matters shall be preserved for at least four (4) years.
 
c. Meetings closed to discuss the purchase or sale of property shall be preserved for at least eight (8) years after the date of the meeting.
 
d. All other closed meetings shall be preserved by the school district for at least three (3) years after the date of the meeting.
 
e. Following the expiration of the above time periods, recordings of closed meetings shall be maintained as set forth in the school district's Records Retention Schedule.
 
3. Recordings of closed meetings shall be classified by the school district as protected non-public data that is not accessible by the public or as governed by applicable law, with the following exceptions:
 
a. Recordings of labor negotiations strategy meetings shall be classified as public data and made available to the public after all labor contracts are signed by the school district for the current budget period.
 
b. Recordings of meetings related to the purchase or sale of property shall be classified as public data and made available to the public after all real or personal property discussed at the meeting has been purchased or sold or the school district has abandoned the purchase or sale.
 
c. Recordings of any other closed meetings shall be classified and/or released as required by court order.
 
4. Recordings of closed meetings shall be maintained separately from recordings of open meetings to the extent recordings of open meetings are maintained by the school district, with the exception of recordings that have been classified as public data as set forth in Section III.B.3 above. Recordings of closed meetings classified as non-public data also shall be maintained in a secure location, separate from recordings classified as public data.
 
5. Recordings of closed meetings shall be maintained in a manner to easily identify the data classification of the recording. The recordings shall be identified with at least the following information:
 
a. The date of the closed meeting;
 
b. The basis upon which the meeting was closed (i.e.: labor negotiations strategy, purchase or sale of property, educational data, etc.); and
 
c. The classification of the data.
 
6. Recordings of closed meetings related to labor negotiations strategy and the purchase or sale of property shall be maintained and monitored in a manner that reclassifies the recording as public upon the occurrence of an event reclassifying that data as set forth in Section III.B.3 above.

 

IV. PUBLICATION OF OFFICIAL PROCEEDINGS

A. The School Board shall cause its official proceedings to be published once in the official newspaper of the school district within thirty (30) days of the meeting at which the proceeding occurred.

B. The proceedings to be published shall be sufficiently full to fairly set forth the proceedings. It shall include the date, time, place, type of meeting, and names of School Board members in attendance. It will include the substance of all official actions taken by the School Board at any regular or special meeting, and at minimum must include the subject matter of a motion, the persons making and seconding the motion, a listing of how each member present voted on the motion, the character of resolutions offered including a brief description of their subject matter and whether adopted or defeated. The minutes and permanent records of the School Board may include more detail than is required to be published with the official proceedings. If the proceedings have not yet been approved by the School Board, the proceedings to be published will reflect that fact.
 
C. The proceedings to be published may be a summary of the essential elements of the proceedings, and/or of resolutions and other official actions of the School Board. Such a summary shall be written in a clear and coherent manner and shall, to the extent possible, avoid the use of technical or legal terms not generally familiar to the public. When a summary is published, the publication shall clearly indicate that the published material is only a summary and that the full text is available for public inspection at the administrative offices of the school district and that a copy of the proceedings, other than attachments to the minutes, is available without cost at the offices of the school district or by means of standard or electronic mail. 



Legal References:
Minn. Stat. 123B.09 Subd.10 (Boards of Independent School Districts)
Minn. Stat. 123B.14, Subd. 7 (Officers of Independent School Districts)
Minn. Stat. 331A.01 (Definition)
Minn. Stat. 331A.05, Subd. 8 (Form of Public Notice)
Minn. Stat. 331A.08, Subd. 3 (Publication of Proceedings)
Minn. Stat. 13D.01, Subds. 4-6 (Open Meeting Law)

Op. Atty. Gen 161-a-20, December 17, 1970
Ketterer v. Independent School District No. 1, 248 Minn. 212, 79 N.W. 2d 428 (1956)

Cross References:
Moorhead School Board Policy 210: School Board Meeting Rules of Order
Moorhead School Board Policy 414: Employee Public and Private Personnel Data
Moorhead School Board Policy 504: Protection and Privacy of Student Records
MSBA/MASA Model Policy 204: School Board Meeting Minutes

School Board Member Development
Type: School Board Policy
Section: 200 SCHOOL BOARD
Code: 212
Adopted Date: 8/27/2001
Revised Date(s): 01/08/2007, 12/13/2010, 02/25/2013, 11/09/2015, 10/08/2018, 10/13/2021, 10/10/2023
Reviewed Date(s): 02/24/2003, 01/08/2007, 12/13/2010, 02/25/2013, 11/09/2015, 10/08/2018, 10/13/2021, 10/10/2023
Attachments:

I. PURPOSE

The purpose of this policy is to recognize the need for continuing in-service training and development for its members and to encourage participation in professional development activities designed for them so that they may perform their responsibilities.

II. GENERAL STATEMENT

All Moorhead School Board members are encouraged to participate in School Board and related workshops and activities sponsored by the local, state and National School Board Association (NSBA), as well as in activities of other educational groups. Funds for participation at such meetings will be allocated in the Annual Operating Plan as approved by the School Board.

 

III. OBLIGATIONS
 
A. School Board members are expected to report back to the School Board and share materials of interest gathered at various meetings and workshops. 
 
B. New School Board members will be provided the opportunity and encouraged to attend the orientation and training sessions sponsored by the Minnesota School Boards Association (MSBA). School Board members shall receive training in school finance and management developed in consultation with MSBA. 

C. Attendance and selection of School Board members to attend the annual NSBA meeting will be at the discretion of the School Board.
 
IV. FUNDING
 
A. Funds for participation at meetings will be allocated in the Annual Operating Plan as approved by the School Board. 
 
B. Moorhead School Board members will be reimbursed for necessary expenses to attend meetings and conventions pertaining to school activities and objectives of the School Board within approved policy and budget allocations of the school district relating to reimbursement of expenses involving attendance at workshops and conventions. (See Moorhead School Board Policy 412: Reimbursement for Travel, Professional Meetings and Conferences.)
 
C. If the School Board determines it is in the interest of the school district to have School Board members attend other non-association state or additional national conferences as a School Board representative, reimbursement of expenses by the school district must be approved by the School Board.
 
 
Legal References:
Minn. Stat. 123B.09 Subd. 2 (School Board Member Training)

Cross-References:
Moorhead School Board Policy 214: Out-of-State Travel by School Board Members
Moorhead School Board Policy 412: Reimbursement for Travel, Professional Meetings and Conferences
MSBA/MASA Model Policy 212 (School Board Member Development)
MSBA/MASA Model Policy 214 (Out-of-State Travel by School Board Members)
MSAB/MASA Model Policy 412 (Expense Reimbursements )
School Board Officers
Type: School Board Policy
Section: 200 SCHOOL BOARD
Code: 202
Adopted Date: 8/27/2001
Revised Date(s): 11/26/2007, 01/23/2012, 10/08/2018, 10/13/2021, 10/10/2023
Reviewed Date(s): 10/10/2005, 11/26/2007, 01/23/2012, 11/09/2015, 10/08/2018, 09/20/2021, 10/13/2021, 10/10/2023
Attachments:

I. PURPOSE

The purpose of this policy is to delineate the responsibilities of Moorhead Area Public Schools School Board officer positions, which are charged with the duty of carrying out the responsibilities entrusted to them for the care, management, and control of the public schools in the school district.

II. GENERAL STATEMENT

A. The School Board shall meet annually and organize by selecting a chair, a vice-chair, a clerk, and a treasurer. 

B. The School Board shall appoint a Superintendent who will be an ex officio, nonvoting member of the School Board.
 
III. ORGANIZATION
 
A. The School Board shall meet annually on the first meeting in January or as soon thereafter as practicable and organize by selecting a chair, a vice-chair, a clerk, and a treasurer.
 
B. These officers shall hold office for one year and/or until their successors are elected.
 
C. The duties of the clerk shall be assisted by the School Board secretary, and the duties of the treasurer shall be assisted by the assistant superintendent of business and administrative services or designee.

IV. BOARD OFFICER RESPONSIBILITIES

A. Chair
 
1. The chair, when present, shall preside and conduct all meetings of the School Board; countersign all orders upon the treasurer for claims allowed by the School Board; represent the school district in all actions; serve as spokesperson for the School Board unless designated otherwise, and perform all duties a chair usually performs including signing School Board approved contracts, agreements, resolutions, communications, forms of recognition, and reports as required.
 
2. In case of absence or inability of the clerk to draw orders for the payment of money authorized by a vote of the majority of the School Board to be paid, the chair may draw the orders, or the office of the clerk may be declared vacant by the chair and treasurer and filled by appointment.
 
B. Vice-Chair
 
The vice-chair shall perform the duties of the chair in the event of the chair's temporary absence.

C. Clerk
 
1. The clerk will work with the School Board's secretary to keep records of all meetings and fulfill duties as required by Minnesota Election Law or other applicable laws relating to the conduction of elections. The clerk will countersign claims as required by the treasurer and chair for payment of salaries and wages and sign as needed School Board approved contracts, agreements, resolutions, communications, and reports.
 
2. The clerk shall perform the duties of the chair in the event of the chair's and the vice-chair's temporary absences.
 
D. Treasurer
 
The treasurer shall work with the Superintendent and school district's business services department as needed on the fiscal management of the school district and sign claims allowed by the School Board and reports as needed to conduct the financial business of the school district. The treasurer will review the school district's annual audit with the auditors.
 
E. Superintendent
 
1. The Superintendent shall be an ex officio, nonvoting member of the School Board.
 
2. The Superintendent shall perform the following:
 
a. visit and supervise the schools in the school district, report and make recommendations about their condition when advisable or on request by the School Board;
 
b. recommend to the School Board employment and dismissal of teachers;
 
c. annually evaluate each school principal assigned responsibility for supervising a school building within the district;
 
d. monitor academic achievement and graduation requirements for all students;
 
e. make reports required by the commissioner; and
 
f. perform other duties prescribed by the School Board.
 
 
Legal References:
Minn. Stat. 123B.12 (Insufficient Funds to Pay Orders)
Minn. Stat. 123B.14 (Officers of Independent School Districts)
Minn. Stat. 123B.143 (Superintendent)
Minn. Stat. 126C.17 (Referendum Revenue)
Minn. Stat. 205A (School District Elections)

Cross References:
Moorhead School Board Policy 101: Name and Legal Status of Moorhead Area Public Schools
Moorhead School Board Policy 201: School Board Legal Status
Moorhead School Board Policy 204: School Board Meeting Minutes
Moorhead School Board Policy 715: District Fiscal Management
MSBA/MASA Model Policy 101 (Legal Status of the School District)
MSBA/MASA Model Policy 201 (Legal Status of the School Board)
MSBA/MASA Model Policy 202 (School Board Officers)
School Board Policy Development, Adoption, Implementation, and Review
Type: School Board Policy
Section: 200 SCHOOL BOARD
Code: 208
Adopted Date: 8/27/2001
Revised Date(s): 05/11/2009, 06/14/2010, 08/09/2010, 11/10/2014, 12/11/2017, 11/24/2020, 01/06/2021, 08/03/2022, 08/16/2022, 09/13/2022, 12/12/2023
Reviewed Date(s): 10/27/2003, 05/09/2005, 04/09/2007, 11/26/2007, 05/11/2009, 06/14/2010, 08/09/2010, 11/10/2014, 12/11/2017, 01/06/2021, 09/13/2022, 12/12/2023
Attachments:

I. PURPOSE

The purpose of this policy is to emphasize the importance of the policy-making role of the Moorhead School Board and provide the means for it to be an ongoing effort.

II. GENERAL STATEMENT

Formal guidelines are necessary to ensure the school community and the Moorhead Area Public School system respond to its mission and operates in an effective, efficient and consistent manner. A set of written policies shall be maintained and modified as needed. Policies should define the desire and intent of the Moorhead School Board and should be in a format that is sufficiently explicit to guide administrative action.

III. DEVELOPMENT OF POLICY

A. The Moorhead School Board has the jurisdiction to legislate policy with the force and effect of law for the school district. School district policy provides the School Board's general direction as to what the School Board wishes to accomplish while delegating implementation of the policy to administration.

B. The school district's policies provide guidelines and goals to the school community. The policies are the basis for guidelines and procedures created by the administration. The School Board shall determine the effectiveness of the policies by evaluating periodic reports from the administration.

C. Policies may be proposed by a School Board member, employee, student, or resident of the school district. Proposed policies or ideas shall be submitted to the Superintendent for review prior to possible placement on the School Board agenda.

IV. ADOPTION AND REVIEW OF POLICY

A. The Moorhead School Board shall give notice of proposed policy changes or adoption of new policies by placing the item on the agenda of two School Board meetings. The policy changes shall be reviewed by the school district's Policy Review Committee before placing them on the School Board agenda. Proposals will be distributed, and School Board and public comment will be allowed at both meetings prior to final School Board action.

B. The final action taken to adopt the proposed policy shall be approved by simple majority vote of the School Board after two meetings at which public input was received. The policy will become effective on the latter of the date the policy of passage or the date stated in the motion.

C. In an emergency, a new or modified policy may be adopted by a majority vote of a quorum of the School Board in a single meeting. A statement regarding the emergency and the need for immediate adoption of the policy shall be included in the minutes. The policy adopted in an emergency shall expire within one (1) year following the emergency action unless the policy adoption procedure stated above is followed and the policy reaffirmed. The School Board has the discretion to determine what constitutes an emergency.

D. If a policy is modified with minor changes that do not affect the substance of the policy or because of a legal change over which the School Board has no control, the modified policy may be approved at one (1) meeting at the discretion of the School Board.

V. IMPLEMENTATION OF AND ACCESS TO POLICY

A. The Superintendent shall be responsible for implementing Moorhead School Board policies, other than the policies that cover how the school board will operate. The superintendent shall develop administrative guidelines and procedures to provide greater specificity and consistency in the process of implementation. These guidelines and directives, including employee and student handbooks, shall be subject to annual review and approval of the School Board.

B. Moorhead School Board members, employees, and community stakeholders will be able to access school district policies at the school district's Web site (www.moorheadschools.org).

C. It shall be the responsibility of the Superintendent, School Board secretary or designee, and individual School Board members, shall be responsible for keeping the policies current.

D. The School Board shall review policies at least once every three years. The Superintendent shall be responsible for developing a system of periodic review, addressing approximately one-third of the policies annually. In addition, the School Board shall review the following policies annually: Student Discipline 506, 806 School District Crisis Management, 722 Public Data Requests, and 524 Moorhead Area Public Schools Electronic Network Acceptable Use and Safety.

E. When no Moorhead School Board policy exists to provide guidance on a matter, the Superintendent is authorized to act appropriately under the circumstances keeping in mind the mission, educational philosophy, and financial condition of the school district. Under such circumstances, the Superintendent shall advise the School Board of the need for a policy and present a recommended policy to the School Board for approval.
 

Legal References:
Minn. Stat. 123B.02 Subd. 1 (School District Powers)
Minn. Stat. 123B.09 Subd. 1 (School Board Powers)

Cross References:
Moorhead School Board Policy 201: School Board Legal Status
Moorhead School Board Policy 310: School Superintendent
MSBA/MASA Model Policy 208 (Development, Adoption and Implementation of Policies)

 
School Board Procedures - Rules of Order
Type: School Board Policy
Section: 200 SCHOOL BOARD
Code: 203-1
Adopted Date: 8/27/2001
Revised Date(s): 11/26/2007, 02/25/2013, 11/09/2015, 10/08/2018, 12/12/2023
Reviewed Date(s): 10/10/2005, 11/26/2007, 02/25/2013, 11/09/2015, 10/08/2018, 10/13/2021, 12/12/2023
Attachments:

I. PURPOSE

The purpose of this policy is to establish the specific rules of order to conduct the meetings of the School Board of the Moorhead Area Public Schools.

II. GENERAL STATEMENT

To ensure the School Board meetings are conducted in an orderly fashion, the School Board will follow rules of order which will allow the School Board:
 
A. To establish guidelines by which the business of the School Board can be conducted in a consistent manner;

B. To organize the meetings so all necessary matters can be brought to the School Board and decisions of the School Board can be made in an orderly and reasonable manner;

C. To ensure that members of the School Board have the necessary information to make decisions on substantive issues and to ensure adequate discussion of decisions to be made; and

D. To ensure that meetings and actions of the School Board are conducted so as to be informative to the staff and the public, and to produce a clear record of actions taken and decisions made.

III. RULES OF ORDER
 
A. School Board members do not need to rise to gain recognition of the Chair.
 
B. A motion will be adopted or carried if it receives the affirmative votes of a majority of those actually voting on the matter. Abstentions are considered to be acquiescence to the vote of the majority. It should be noted that some motions by statute or Robert's Rules of Order require larger numbers of affirmative votes.
 

C.  All motions that require a second shall receive a second prior to opening the issue for discussion of the School Board. If a motion that requires a second does not receive a second, the Chair may declare that the motion fails for lack of a second or may provide the second. The names of the members making and seconding a motion shall be recorded in the minutes.

 

D. The Chair shall decide the order in which school board members will be recognized to address an issue. An attempt should be made to alternate between pro and con positions if appropriate to the discussion. A member shall speak to an issue after the member is recognized by the Chair.

 
E. The Chair shall rule on all questions relating to motions and points of order brought before the School Board.
 
F. A ruling by the Chair is subject to appeal to the full School Board pursuant to Robert's Rules of Order.

G. The School Board shall have the authority to recognize any member of the audience regarding a request to be heard at the School Board meeting. Members of the public who wish to be heard shall follow School Board procedures. (Public Forum Procedures 206.1)
 
H. The Chair has the authority to declare a recess at any time for the purpose of restoring decorum to the meeting or for any other necessary purpose.
 
I. The Chair shall repeat the motion or the substance of a motion prior to the vote. The Chair shall call for an affirmative and a negative vote on all motions.
 
J. The order of names for a roll call vote shall be determined by the Chair.

K. The Chair has the same right and responsibility as each School Board member to vote on all issues.

L. The Chair shall announce the result of each vote. The vote of each member, including abstentions, shall be recorded in the minutes. If the vote is unanimous, it may be reflected as unanimous in the minutes if the minutes also reflect the members present.

M. A majority of the voting members of the School Board constitute a quorum. The absence of a quorum may be raised by the Chair or any member. Any action taken in the absence of a quorum is null and void. The only legal actions the School Board may take in the absence of a quorum are to fix the time to which to adjourn, to adjourn, to recess or to take measures to obtain a quorum. 
 
 
Legal References:
Minn. Stat. 123B.09, Subds. 6,7, and 10 (School Board Powers)
Minn. Stat. 126C.53 (Enabling Resolution; Form of Certificates of Indebtedness)
Minn. Stat. 122A.40 (Employment Contracts, Termination)
Minn. Stat. 331A.01, Subd. 6 (Newspapers; Definitions)
Minn. Stat. 13D.01, Subd. 4 (Open Meeting Law)
Minn. Stat. 471.88 (Exceptions)
Minn. Stat. 331A.04, Subd. 6 (Newspapers; Exception to Designation Priority)

Cross References:
Moorhead School Board Policy 201: School Board Legal Status
Moorhead School Board Policy 202: School Board Officers
Moorhead School Board Policy 205: Open and Closed School Board Meetings
Moorhead School Board Policy 207: School Board Public Hearings
Moorhead School Board Policy 203-5: School Board Meeting Agendas
Moorhead School Board Policy 203: Operation of the School Board - Governing Rules
MSBA/MASA Model Policy 203.1 (School Board Procedures; Rules of Order)
 
School Board Public Hearings
Type: School Board Policy
Section: 200 SCHOOL BOARD
Code: 207
Adopted Date: 8/27/2001
Revised Date(s): 01/14/2008, 12/13/2010, 12/15/2014, 10/13/2021, 12/12/2023
Reviewed Date(s): 10/10/2005, 01/14/2008, 12/13/2010, 12/15/2014, 05/08/2017, 10/13/2021, 12/12/2023
Attachments:

I. PURPOSE

The purpose of this policy is to establish procedures to receive public input efficiently and ensure the School Board recognizes the importance of obtaining public input on matters properly before the School Board during a public hearing.

II. GENERAL STATEMENT

The procedures set forth in this policy are established by the School Board in order for the School Board to receive public input efficiently on matters properly before the School Board.

III. PROCEDURES

A. Public Hearings
 
Public hearings are required by law concerning certain issues, including but not limited to school closings (Minnesota Statutes section 123B.51), education district establishment (Minnesota Statutes section 123A.15), and agreements for secondary education (Minnesota Statutes section 123A.30). Additionally, other public hearings may be held by the School Board on school district matters at the School Board's discretion.

B. Notice of a Public Hearing
 
Public notice of a public hearing required by law shall be given as provided by the enabling legislation. Public notice of other hearings shall be given in the manner required for a regular meeting if held in conjunction with a regular meeting, in the manner required for a special meeting if held in conjunction with a special meeting, or as otherwise determined by the School Board.

C. Public Participation
 
The School Board retains the right to require that those in attendance at a public hearing indicate their desire to address the School Board and complete and file with the clerk of the School Board or School Board Secretary an appropriate request card prior to the commencement of the hearing if the School Board utilizes this procedure. (207.2 Public Hearing Speaker Card). In that case, any request to address the School Board after the commencement of the hearing will be granted only at the discretion of the School Board. 
  1. Format of Request: If required by the School Board, a written request of an individual or a group to address the School Board shall contain the name and address of the person or group seeking to address the School Board. It shall also contain the name of the group represented if any, and a brief statement of the subject to be covered or the issue to be addressed.
  2. Time Limitation: The School Board retains the discretion to limit the time for each presentation as needs dictate;
  3. Groups: The School Board retains the discretion to require that any group of persons who desire to address the School Board designate one representative or spokesperson. If the School Board requires designation of a representative or spokesperson, no other person in the group will be recognized to address the School Board except as the School Board otherwise determines.
  4. Privilege to Speak: Only those speakers recognized by the Chair will be allowed to speak. A School Board member will direct remarks or questions through the Chair.  Comments by others are out of order. Individuals who interfere with or interrupt speakers, the School Board, or the proceedings may be directed to leave.
  5. Personal Attacks: Personal attacks by anyone addressing the School Board are unacceptable. Persistence in such remarks by an individual shall terminate that person’s privilege to address the School Board.
  6. Limitations on Participation: Depending upon the number of persons in attendance seeking to be heard, the School Board reserves the right to impose other limitations and restrictions as necessary to provide an orderly, efficient, and fair opportunity to be heard.

Legal References:
Minn. Stat. 123A.15 (Education District Establishment)
Minn. Stat. 123A.30 (Agreements for Secondary Education)
Minn. Stat. 123B.51 (School Closings)

Cross References:
Moorhead School Board Policy 203-1: School Board Procedures - Rules of Order
Moorhead School Board Policy 205: Open and Closed School Board Meetings
Moorhead School Board Policy 206: Public Participation in School Board Meetings/Complaints about Persons at School Board Meetings and Data Privacy Considerations
MSBA/MASA Model Policy 207 (Public Hearings)
MSBA/MASA Model Policy 206 (Public Participation in School Board Meetings/Complaints about Persons at School Board Meetings and Data Privacy Considerations)

School Bus Stops
Type: Administrative Procedure
Section: 700 NON-INSTRUCTIONAL OPERATIONS AND BUSINESS SERVICES
Code: 709.3
Adopted Date: 3/1/1992
Revised Date(s): 02/07/1997
Reviewed Date(s): 03/01/1992, 02/07/1997, 11/19/2002, 07/16/2007, 08/31/2010, 04/11/2016, 05/08/2017, 06/25/2018
Attachments:

Buses operated by or under contract with Moorhead Public Schools are required to use the eight-light system and stop arm consistent with the rules and regulations of the State of Minnesota.

The following stops are exempt from the use of school bus 8-light system:

1. Stops made by school buses used for handicapped pupil transportation which will be stopped for an extended period for loading or unloading.

The bus must be:

a) parked for a curbside pick-up

b) entirely out of the traffic lane

c) located where students do not cross the street at that stop location.
 
2. Designated stops on a four lane roadway in the business district of Moorhead, under the following conditions:

The bus is parked out of the traffic lane; and no students will cross the roadway to load or unload.

3. When the bus is stopped to load or unload students on private property.

4. Other situations where the school transportation supervisor directs that the 8-light system and stop arm will not be used due to the interest of safety for the pupil and public.
School Bus Trip K-12 Emergency Procedures
Type: Administrative Procedure
Section: 700 NON-INSTRUCTIONAL OPERATIONS AND BUSINESS SERVICES
Code: 709.4
Adopted Date: 2/1/1990
Revised Date(s): 07/16/2007, 08/31/2010, 05/08/2017
Reviewed Date(s): 02/01/1990, 02/07/1997, 11/19/2002, 07/16/2007, 08/31/2010, 04/11/2016, 05/08/2017, 06/25/2018
Attachments:

In case of an emergency during a school trip, the coach will make decisions that affect students participating in the activity. Try to base options on as much weather/road information as you can gather. If possible, make contact with school personnel and confer with the driver before deciding what to do in a given situation. For road and bus safety situations, the driver will be held legally accountable.

Generally, if there is any question about weather or road conditions, put the group up in a hotel as safety is of utmost importance. Most hotels will allow a charge to the school district account. It is best to be prepared in the event a personal check or credit card needs to be written for lodging or meals for unprepared students.

Please do the following:

1. Require students to dress for bad weather even on short bus trips.

2. Use district approved technology with your team or activity members in Moorhead so contact with parents can be made quickly.

3. Provide the activities director with the required travel report forms for day trips and overnight trips (blue form) prior to the trip.

Each coach and lead staff member on trips will have contact information for at least the following people and agencies: activities director, director of transportation and safety, transportation department secretary, Minnesota Road and Travel Information, and Minnesota State Patrol. The activities office will provide the list of media contacts and district contacts at the beginning of the season. The activities office will annually update the emergency information with the director of transportation and safety.

School District - Community Relations
Type: School Board Policy
Section: 900 SCHOOL DISTRICT - COMMUNITY RELATIONS
Code: 903
Adopted Date: 9/14/1993
Revised Date(s): 05/11/2009, 12/10/2012
Reviewed Date(s): 09/14/1993, 05/11/1998, 04/23/2001, 07/05/2001, 12/13/2004, 05/11/2009, 12/10/2012, 11/09/2015, 05/02/2019, 01/18/2022, 02/16/2022
Attachments:

l. PURPOSE

It is the purpose of this policy to establish and support planned and systematic two-way communications between the Moorhead Area Public Schools and its internal and external publics. 

ll. GENERAL STATEMENT

A. The School Board affirms the following objectives for the communications program:

1. To build goodwill for Moorhead Area Public Schools.

2. To disseminate accurate and timely information about district policies, activities, programs, procedures, achievements, and decisions to staff and the public.

3. To cooperate in every reasonable way with the media.

4. To communicate student and staff achievement to stakeholders.

5. To establish and support appropriate and effective communication between the administration and district employees.

6. To train and support all staff in carrying out positive, effective public relations as an integral part of their activities.

7. To identify trends and concerns of the community that may impact the school district.

8. To maintain a written communication plan.

Please refer to Administrative Procedure 903.1 for further information. 

 

Cross Reference:
Moorhead School Board Policy 902: Community Involvement
School District Administration
Type: School Board Policy
Section: 300 ADMINISTRATION
Code: 301
Adopted Date: 8/27/2001
Revised Date(s): 10/09/2006, 12/13/2010, 11/10/2014, 12/11/2017, 02/13/2024
Reviewed Date(s): 09/09/2002, 10/09/2006, 12/13/2010, 11/10/2014, 12/11/2017, 01/06/2021, 02/13/2024
Attachments:

I. PURPOSE

The purpose of this policy is to clarify the role of the school district administration and its relationship with the Moorhead School Board.

II. GENERAL STATEMENT

A. Effective administration and sound management practices are essential to realizing educational excellence. It is the responsibility of the school district administration to develop a school environment that recognizes the dignity of each student and employee and the right of each student equitably access educational programs and services.

B. The School Board expects all activities related to the operations of the school district to be administered in a well-planned manner, conducted in an orderly fashion, consistent with the policies of the School Board.

C. The School Board shall seek specific recommendations, background information, and professional advice from the school district administration and will hold the administration accountable for sound management of the schools.

D. Although the School Board holds the Superintendent ultimately responsible for the administration of the school district and the annual evaluation of each building administrator, the School Board also recognizes the direct responsibility of building administrators for educational results and effective administration, supervisory and instructional leadership at the school building level.

E. The School Board and school administration shall work together to share information and decisions that best serve the needs of Moorhead Area Public Schools students within financial and facility constraints that may exist.

 
Legal References:
Minn. Stat. 123B.143 (Superintendent)
Minn. Stat. 123B.147 (Principals)
 
Cross References:
Moorhead School Board Policy 302: School Superintendent
MSBA/MASA Model Policy 301 (School District Administration) 
School District Automated External Defibrillator (AED)
Type: School Board Policy
Section: 700 NON-INSTRUCTIONAL OPERATIONS AND BUSINESS SERVICES
Code: 719
Adopted Date: 6/13/2005
Revised Date(s): 10/13/2008, 12/10/2012, 04/11/2016, 02/17/2021, 02/13/2024
Reviewed Date(s): 10/13/2008, 12/10/2012, 04/11/2016, 12/10/2018, 01/20/2021, 02/17/2021, 02/13/2024
Attachments:

I.  PURPOSE

The purpose of the policy is to establish that Moorhead Area Public Schools will work in cooperation with local emergency medical service providers to have an Automated External Defibrillator (AED) available at all district buildings. 

II. GENERAL STATEMENT

A.  Medical director of the AED program in Moorhead Area Public Schools will be the Fargo/Cass Public Health Department. Moorhead Area Public Schools will have a written, medical prescription on file with the Moorhead school nurse for the use of an AED on school campuses.

B.  When use of the AED is indicated, priority for operating the AED goes to the person who is immediately present with the highest level of training on the proper use of the AED. When deemed necessary to use an AED, a call by telephone or cell phone will be placed immediately to 911 to summon emergency personnel.

C. The Moorhead Health Service Supervisor  will serve as the AED project coordinator with the following responsibilities:

1.  Serving as liaison to the medical director of the Fargo/Cass County Public Health Department for use of an AED;

2.  Providing medical direction for use of an AED;
 
3.  Reviewing appropriate placement in buildings and emergency procedures related to the use of an AED;
 
4.  Coordination of training of emergency responders in the use of an AED in each school;
 
5.  Evaluation of post-event review forms and digital files downloaded from an AED; (All key participants in an event shall participate in the review.)
 
6.  Oversight of equipment and accessory maintenance on a scheduled basis; and
 
7.  Documentation and monitoring of the effectiveness of the system, along with communication on needs and issues related to the medical emergency response program.

D. The Superintendent or designee will promulgate all other appropriate administrative procedures to implement the use of an AED in the Moorhead Area Public Schools. (Please refer to Administrative Procedure 719.1.)

 
Legal Reference:
Minn. Stat. Ch. 329-S.F. No. 2861 amending Minn. Stat. 1996, Section 604A.01, Subdivision 2, a-e (MN Good Samaritan Law)

Cross Reference:
Moorhead School Board Policy 806: School District Crisis Management 

School District Automated External Defibrillator (AED) Procedure
Type: Administrative Procedure
Section: 700 NON-INSTRUCTIONAL OPERATIONS AND BUSINESS SERVICES
Code: 719.1
Adopted Date: 6/13/2005
Revised Date(s): 12/16/2008, 04/11/2016
Reviewed Date(s): 12/16/2008, 04/11/2016, 12/10/2018
Attachments:
 
I.  STAFF RESPONSIBILITIES
 
An automatic external defibrillator (AED) is used to treat victims who experience sudden cardiac arrest. It is only to be applied to victims who are unconscious, not breathing normally and showing no signs of circulation such as normal breathing, coughing and movement. The following procedures outline staff responsibilities regarding the AED machines in the school district.

A.  Responsibilities of AED Program Coordinator:

1. Coordination of medical emergency team members as directed by school principal and distribution of team member lists for Crisis Response manuals and in school buildings.
2. Coordination of training for medical emergency team members (CPR /AED, Bloodborne pathogens, First Aid).
3. Coordination of equipment and accessory maintenance.
4. Review and recommendation for revision of policy regarding AED.
5. Monitoring the effectiveness of this program.
6. Communication with F-M Ambulance related to post event review and debriefing following use of AED in an emergency.

B.  Medical Control:

The medical advisor of the AED program is the medical director of the Fargo-Cass Public Health Department and has ongoing responsibility for :

1. Providing medical direction for the use of AEDs.
2. Writing a prescription for AEDs.
3. Reviewing and approving guidelines for emergency procedures related to use of AEDs and CPR.
4. Evaluation of post-event review forms and digital files downloaded from the AED.

C.  Authorized AED Users:

1. Employees who have successfully completed an approved CPR/AED training program within the last two years
2. Any trained volunteer responder who has successfully completed an approved CPR/AED training program in the last two years

D.  AED-Trained Employee Responsibilities:

1. Activating internal emergency response system and providing prompt basic life support including AED and first aid according to training and experience.
2. Understanding and complying with requirements of this policy.
3. Following the detailed procedures and guidelines for the AED program.

E.  Volunteer Responder Responsibilities:

Anyone, can at their discretion, provide voluntary assistance to victims of medical emergencies. The extent to which these individuals respond shall be appropriate to their training and experience. These responders are encouraged to contribute to emergency response only to the extent they are comfortable. The emergency medical response of these individuals may include CPR, AED, or medical first aid.

F.  School Office Responsibilities:

The school office staff is responsible for:

1. Receiving emergency medical calls from internal locations.
2. Using an established checklist to assess emergency and determine appropriate level of response including paging “Emergency Medical Team.”
3. Contacting the external community 9-1-1 response team (EMS) if required.
4. Assigning someone to meet responding EMS aid vehicle and direct EMS personnel to site of medical emergency.
5. The school office shall maintain training records for the trained employees.

II.  EQUIPMENT

The LIFEPAK Automated External Defibrillators (AEDs) have been acquired for this program. The AED conforms to the state/county standards. One resuscitation kit will be connected to the handle of the AED. This kit contains two pair of latex-free gloves, one razor, one set of trauma shears and one face mask barrier device.

A.  Location of AEDs:

The AED will be in a central location that will allow the device to be easily seen by staff and accessible outside of normal school hours.

B.  Equipment Maintenance:

All equipment and accessories necessary for support of medical emergency response shall be maintained in a state of readiness. Specific maintenance requirements include:

1. The AED Program Coordinator or designee shall be responsible for having regular maintenance performed. All maintenance tasks shall be performed as outlined in the LIFEPAK AED Operator’s checklist which will be posted with the AED. If the machine fails to indicate an OK icon on the readiness display or if the expiration date on the electrode is near, the AED Program Coordinator or designee is to be notified immediately.

2. Following the use of an AED, all equipment shall be cleaned and/or decontaminated as required.

C.  Initial Training:

Trained employees:

1. Must complete training adequate to provide basic first-aid, CPR and AED that must be a course approved by the state.

2. Trained employees will also be trained in universal precautions against bloodborne pathogens.

3. The trained employees shall be offered hepatitis B vaccination free of charge.

D.  Volunteer Responders:

These responders will possess various amounts of training in emergency medical response and their training may be supplied by sources outside of the company. Volunteer responders can assist in emergencies, but must only participate to the extent allowed by their training and experience. Volunteer responders may have training adequate to administer first aid, CPR and use the AEDs in the schools. Any volunteer wishing to potentially use one of the AEDs deployed on the campus should have successfully completed a state approved AED course including CPR within the last twoyears. The school will not maintain training records for the volunteer responders.

E.  Refresher Training:

Trained employees will be offered first-aid and CPR in time lines as required to remain certified. Training will be made available at no cost to the employees and will be offered during the regular work hours.

F.  Medical Response Documentation:

An AED Incident Report will be completed whenever an AED is used. A copy of the report will be provided to the Medical Director of the AED program and to the local EMS provider. The AED Coordinator for the FM ambulance will be contacted to download all electronic data captured on the AED.

G.  Post-Event Review:

Following each use of the AED, a review shall be conducted to learn from the experience. The AED Program Coordinator or designee shall conduct and document the post-event review. All key participants in the event shall participate in the review. Included in the review shall be the identification of actions that went well and the collection of opportunities for improvement as well as critical incident stress debriefing. A summary of the post-event review shall be sent to the Health/Safety/Wellness Committee.

H.  Annual System Assessment:

Once each calendar year during the month of January, the AED Program Coordinator or designee shall conduct and document a system readiness review. This review shall include review of the following elements:

1. Training records
2. Equipment operation and maintenance records

The system review will be presented to the Health/Safety/Wellness Committee annually.                   

School District Copyright Procedure
Type: Administrative Procedure
Section: 600 EDUCATION PROGRAMS
Code: 606.6
Adopted Date: 4/29/1986
Revised Date(s): 12/08/2008, 02/23/2015, 05/10/2022, 02/13/2024
Reviewed Date(s): 03/11/1992, 03/10/1997, 06/11/2001, 04/11/2005, 12/08/2008, 02/23/2015, 06/25/2018, 04/12/2022, 05/10/2022, 02/13/2024
Attachments:

I. PURPOSE

The purpose of this procedure is to ensure compliance with the provisions of current copyright laws and Congressional guidelines.

II. GENERAL STATEMENT

Employees and students are to adhere to all provisions of Title 17 of the United States Code, entitled “Copyrights,” and other relevant federal legislation and guidelines related to the duplication, retention, and use of copyrighted materials.

Employees and students of the Moorhead Area Public Schools are responsible for conducting themselves in a manner consistent with the spirit and intent of the school district's Copyright Policy.

III. GUIDELINES

A. Unlawful copies of copyrighted materials may not be produced on district-owned equipment.

B. Unlawful copies of copyrighted material may not be used with district-owned equipment, within district-owned facilities, or at district-sponsored functions.

C. The legal and insurance protection of the district will not be extended to employees who unlawfully copy and use copyrighted materials.

D. Employees who make copies and/or use copyrighted materials in their jobs are expected to be familiar with published provisions regarding fair use, public display, and computer guidelines. Employees are further expected to be able to provide their supervisor, upon request, the justification based on fair use, public display, or computer guidelines as specified in the copyright law.

E. Employees who use copyrighted materials that do not fall within fair use, public display, or computer guidelines must be able to substantiate that the materials meet one of the following tests:

• The materials have been purchased from an authorized vendor by the employee or the district and a record of the purchase exists.

• The materials are copies covered by a licensing agreement between the copyright owner and the district.

• The materials are being previewed or demonstrated by the user to reach a decision about future purchase or licensing and a valid agreement exists that allows for such use.

F. Guidelines for the use of copyrighted materials and interpretation of the guidelines in creative and academic work (Administrative Procedure 606.1: Use of Copyrighted Materials) shall be readily available from media specialists and/or from district Media Services.

G. All school employees will have access to the policy and be educated about its implementation through an online check-off system and the employee handbook. The copyright law in its entirety is available for reference through district Media Services.

Legal Reference:
Federal Copyright Law, Public Law 94-553

Cross References:
Moorhead School Board Policy 409: Employee Publications, Instructional Materials, Inventions, and Creations
Moorhead School Board Policy 606: Selection of Textbooks and Instructional Materials
Moorhead School Board Policy 524: Moorhead Area Public Schools Electronic Acceptable Use and Safety

School District Crisis Management
Type: School Board Policy
Section: 800 BUILDINGS AND SITES
Code: 806
Adopted Date: 6/12/2000
Revised Date(s): 09/11/2006, 11/09/2015, 04/11/2016, 06/25/2018, 03/19/2020, 02/17/2021, 02/16/2022, 06/14/2023
Reviewed Date(s): 01/24/2005, 09/11/2006, 11/09/2015, 04/11/2016, 06/25/2018, 06/13/2019, 03/19/2020, 01/20/2021, 02/17/2021, 01/18/2022, 06/14/2023
Attachments:

I. PURPOSE

The purpose of this policy is to act as a guide for the Moorhead Area Public Schools, administrators, school employees, students, school board members, and community members to address a wide range of potential crisis situations in the school district.

II. GENERAL INFORMATION

A. Policy and Plans

Moorhead Area Public School District's Crisis Management Policy is a guide to development of an Emergency Operations Plan (EOP). The EOP has been created in consultation with local community response agencies and other appropriate individuals and groups likely to be involved in the event of a school emergency.
 
The school district administration and/or the administration of each building will develop a site-specific emergency response plan and provide a copy to the District Emergency Response Team. The EOP will be provided to the School Board for review and approval. The policy and plans will be maintained and updated on an annual basis.

B. Elements of the District Crisis Emergency Procedure Manual

1. General Crisis Procedures. Additionally, the EOP will outline general crisis procedures for securing the building, classroom evacuation, building evacuation, campus evacuation, and sheltering. The EOP designates the individual(s) who will determine when these actions will be taken. These district-wide procedures may be modified by building administrators, in consultation with the District Emergency Planning Team, when creating their building-specific crisis management plans.
 
All general crisis procedures will address specific procedures for the safe evacuation of children and employees with special needs such as physical, sensory, motor, developmental, and mental health challenges.

a. Lock-Down Procedures. Lock-down procedures will be used in situations where harm may result to persons inside the school building.

b. Evacuation Procedures. Evacuation procedures are used when there is a greater risk inside the building than outside the building. 
 
c. Sheltering Procedures. Sheltering provides refuge for students, staff, and visitors within the school building during an emergency.
 
2. Crisis-Specific Procedures. When appropriate the EOP shall have crisis-specific procedures. Examples include gas leaks, cyber threats, hazardous material, floods, winter weather, etc.
 
3. District and Building Emergency Response Teams (DERT and BERT).

a. Composition. The building administrator in each school building will select a school emergency response team that will be trained to respond to emergency situations. All DERT and BERT members will receive ongoing training including drills to carry out the building’s crisis management plans and will have knowledge of procedures, evacuation routes, and safe areas. Team members must be willing to be actively involved in the resolution of crises and be available to assist in any crisis situation as deemed necessary by the building administrator. Each building will maintain a current list of school emergency response team members which will be updated annually. The building administrator, and his or her alternative designees, will know the location of that list in the event of a school emergency.

b. Leaders. The building administrator or designee will serve as the Incident Commander. The Incident Commander will be the primary contact for emergency response officials. In the event the primary designee is unavailable, the designee list should include more than one alternate designee and may include members of the emergency response team.  

III. PREPARATION BEFORE AN EMERGENCY
 
A. Communication
 
1. District Employe

es. 

All staff shall be aware of the school district's Crisis Management Policy and Emergency Operations Plan (EOP) and their own building’s crisis management plan. Employees will receive a copy of the relevant building-specific emergency response plans and shall receive periodic training on plan implementation.

2. Students and Parents. Students and parents shall be made aware of the school district’s Crisis Management Policy. Students shall receive specific instruction on plan implementation and shall participate in a required number of drills and practice sessions throughout the school year. 

B. Planning and Preparing for Fire

 

1. Designate a safe area at least 50 feet away from the building to enable students and staff to evacuate. The safe area should not interfere with emergency responders or responding vehicles and should not be in an area where evacuated persons are exposed to any products of combustion. 

 
2. Each building’s facility diagram and site plan shall be available in appropriate areas of the building.

3. Staff will receive training on the location of the primary emergency evacuation routes and alternate routes from various points in the building and shall identify the most direct evacuation routes to the designated safe areas both inside and outside of the building. During fire drills, students and staff will practice evacuations using primary evacuation routes and alternate routes.

4. Certain employees, such as those who work in hazardous areas in the building, will receive training on the locations and proper use of fire extinguishers and protective clothing and equipment.  

5. Fire drills will be conducted periodically without warning at various times of the day and under different circumstances (e.g., lunchtime, recess, and during assemblies). State law requires a minimum of five (5) fire drills each school year, consistent with Minnesota Statutes section 299F.30. (See Minnesota Statutes section 121A.035.)

6. A record of fire drills conducted at the building will be maintained in the building administrator’s office and in the Mandatory Drill and Incident Recording System on the extranet.

7. The school district will have prearranged sites for emergency sheltering and transportation as needed. 
 
8. The school district will determine which staff will remain in the building to perform essential functions if safe to do so. (e.g., switchboard, building engineer, etc.) The school district also will designate an administrator or his or her designee to meet local fire or law enforcement agents upon their arrival. 
 

C. Facility Diagrams and Site Plans

All school buildings will have a facility diagram and site plan that includes the location of primary and secondary evacuation routes, exits, designated safe areas inside and outside of the building, and the location of fire alarm control panel, fire alarms, fire extinguishers, hoses, water spigots, and utility shut-offs. Facility diagrams must be regularly updated. 

D. Emergency Telephone Numbers

 

Each building will maintain a current list of emergency telephone numbers and the names and addresses of local, county, and state personnel who may be involved in a crisis situation. The list will include telephone numbers for local police, fire, ambulance, hospital, the Poison C

ontrol Center, county and state emergency management agencies, local public works departments, local utility companies, the public health nurse, mental health/suicide hotlines, and county welfare agency. A copy of this list will be kept on file in the school district office or at a secondary location for single building school districts and updated annually. 

 

School district employees will receive training on how to make emergency contacts, including 911 calls, when the school district's main telephone number and location is electronically conveyed to emergency personnel instead of the specific building in need of emergency services. 
 
School district plans will set forth a process to internally communicate an emergency, using telephones in classrooms, intercom systems, or two-way radios, as well as the procedure to enable the staff to rapidly convey emergency information to a building designee.  
 
E. Warning and Notification Systems
 
The school district shall maintain a warning system designed to inform students, staff and visitors of a crisis or emergency. This system shall be maintained on a regular basis under the maintenance plan for all school buildings. The school district should consider an alternate notification system to address the needs of staff and students with special needs, such as vision or hearing.
 
F. Early School Closure Procedures
 
The Superintendent will make decisions about closing schools or buildings as early in the day as possible.
 
G. Media Policy.
 
The Superintendent has the authority and discretion for notifying parents and guardians and the school community in the event of a crisis or early school closure. The Superintendent may designate a spokesperson who will notify the media in the event of a crisis or early school closure. The spokesperson shall receive training to ensure that the district is in strict compliance with federal and state law relative to the release of private data when conveying information to the media.
 
H. Behavioral Health Crisis Intervention Procedures
 
Short-term behavioral health crisis intervention procedures will set forth the procedure for initiating behavioral health crisis intervention plans. 

The procedures will utilize available resources including the school psychologist, counselor, community behavioral health crisis intervention, or others in the community. Counseling procedures will be used whenever the superintendent or the building administrator determines it to be necessary, such as after an assault, a hostage situation, shooting, or suicide. The behavioral health crisis intervention procedures shall include the following steps:

 
1. Administrator will meet with relevant persons, including school psychologists and counselors, to determine the level of intervention needed for students and staff.
 
2. Designate specific rooms as private counseling areas.
 
3. Escort siblings and close friends of any victims as well as others in need of emotional support to the counseling areas.
 
4. Prohibit media from interviewing or questioning students or staff on school grounds.
 
5. Provide follow-up services to students and staff who receive counseling.
 
6. Resume normal school routines as soon as possible.

I. Long-Term Recovery Intervention Procedures/Continuity of Operations Procedures

Long-term recovery intervention procedures may involve both short-term and long-term recovery planning:

1. Physical/structural recovery.
 
2. Fiscal recovery.
 
3. Academic recovery.
 
4. Social/emotional recovery.
 
IV. MISCELLANEOUS PROCEDURES
 
A. Chemical Accidents
 
Procedures for reporting chemical accidents shall be posted at key locations such as chemistry labs, art rooms, swimming pool areas, and janitorial closets. School Buildings must maintain Material Safety Data Sheets (M.S.D.S.) for all chemicals on campus.
 
B. Visitors
 
The school district shall implement procedures mandating visitor sign-in and visitors in school buildings. The school district shall implement procedures to minimize outside entry into school buildings except at designated check-in points and assure that all doors are locked prior to and after regular building hours.
 
C. Student Victims of Criminal Offenses at or on School Property
 
The school district shall establish procedures allowing student victims of criminal offenses on school property the opportunity to transfer to another school within the school district. 
Legal References:
Minn. Stat. Ch. 12 (Emergency Management)
Minn. Stat. Ch. 12A (Natural Disaster; State Assistance)
Minn. Stat. 121A.06 (Reports of Dangerous Weapon Incidents in School Zones)
Minn. Stat. 121A.035 (Crisis Management Policy)
Minn. Stat. 299F.30 (Fire Drill in School; Doors and Exits)
Minn. Stat. 326B.02, Subd. 6 (Powers)
Minn. Stat. 326B.106 (General Powers of Commissioner of Labor and Industry)
Minn. Stat. 609.605, Subd. 4 (Trespasses on School Property)
Minn. Rules Part 7511 (Fire Code)
20 U.S.C. 1681, et seq. (Title IX)
20 U.S.C. 6301, et seq. (Every Student Succeeds Act)
20 U.S.C. 7912 (Unsafe School Choice Option)
42 U.S.C. 5121, et seq. (Disaster Relief and Emergency Assistance)

Cross References:
Moorhead School Board Policy 424:  Employee Right to Know - Exposure to Hazardous Substances)
Moorhead School Board Policy 409:  Prohibition of Harassment and Violence
Moorhead School Board Policy 501:  Moorhead Area Public School District Weapons Policy
Moorhead School Board Policy 551:  Student Discipline
Moorhead School Board Policy 554:  Use of Peace Officers and Crisis Teams to Remove Students with IEPs from School Grounds
Moorhead School Board Policy 905:  Visitors to Moorhead Area Public School Buildings and Sites
https://dps.mn.gov/divisions/sfm/documents/2011comprehensiveschoolsafetyguide.pdf
Cass-Clay Unified School Response Emergency Operations Plan, template, January, 2015 ver.
http://www.casscountynd.gov/county/depts/sheriff/CCUSR/pages/
Moorhead Area Public Schools Resolution to adopt the National Incident Management System as the standard for incident management at Moorhead Area Public Schools, Nov. 19, 2013
MSBA/MASA Model Policy 806 (Crisis Management Policy) 
School District Evaluation of Personnel
Type: School Board Policy
Section: 400 EMPLOYEES/PERSONNEL
Code: 470
Adopted Date: 2/9/1998
Revised Date(s): 01/08/2007, 04/09/2012, 04/10/2017, 12/13/2022
Reviewed Date(s): 08/26/2002, 01/08/2007, 04/09/2012, 04/10/2017, 05/12/2020, 11/21/2022, 12/13/2022
Attachments:

I. PURPOSE

The purpose of this policy is to outline how  the performance of an employee through professional review, will be evaluated.

II. GENERAL STATEMENT

A. The Moorhead Area Public Schools develops mechanisms to assess, maintain and continually improve the performance of its employees. Individual employee performance is assessed and assured at the time of hire and throughout employment with the district with formal assessments conducted with employees who have a probationary period and after they attain continuing contract status or regular employment status. Effective use of this process increases the quality of service of the employee to the Moorhead Area Public Schools and assists the employee in meeting the mission of the school district. (Please refer to Administrative Procedure 470.1: Performance Evaluation of School District Employees.)

B. Evaluation systems are consistent with employee contract provisions and with applicable Minnesota statutes.

Legal References:
Minn. Stat. 122A.40, Subd. 5, Subd. 8 (Employment; Contracts; Termination)
Minn. Stat. 13.43 (Personnel Data) 
 
Cross References:
Moorhead School Board Policy 414: Employee Public and Private Personnel Data 
 
School District Sponsored Student Activities
Type: Administrative Procedure
Section: 500 STUDENTS
Code: 510.1
Adopted Date: 11/2/2007
Revised Date(s): 06/12/2017, 09/28/2022
Reviewed Date(s): 08/31/2010, 06/12/2017
Attachments:

I. PURPOSE

The purpose of this procedure is to provide guidelines related to school district-sponsored student activity programs.

II. ELEMENTARY STUDENT ACTIVITIES

Elementary student activities will be coordinated and implemented through an agreement at each school site with the building administrator, Moorhead Community Education and other community organizations. Any request for elementary student activities will be recommended to the Superintendent through the Activities Council.

III. STUDENT ACTIVITIES

A. Middle and high school student activity programs are district-sponsored co-curricular and extra-curricular programs available to all enrolled students. All student activities must be sanctioned and approved by the school district and shall meet the standards of the Minnesota State High School League (MSHSL) or other identified governing bodies.

B. Middle school activities may also be coordinated with Community Education or other community partners.

C. All student activities must follow district policies, including:

1. Fundraising
2. Transportation
3. Student Discipline
4. Staff Discipline
5. Use of School District Facilities and Equipment

D. All student activities must comply with the federal Title IX regulations related to gender equity.

IV. ACTIVITY PROGRAM EXPANSION

A. Parties interested in developing a district-sponsored activity program may complete a proposal form (Administrative Procedure 510.2) available in the middle or high school activity director's office.  The procedures shall be as follows:

1. Brief description of why the program is desirable and how it will be implemented.

2. Grade levels to be included.

3. Number of participants expected, years 1-5.

4. Determine the impact on Title IX.

5. Identify the facilities required.

6. Present the itemized budget necessary to fund the program and, if implemented, how it would affect the budgets of the present activities programs.

7. How would the implementation of this new program affect other programs and the overall program?

B. The proposal will be presented at an Activity Council meeting. The council will list both rationales in support of and rationale in opposition to the proposal.

C. The proposal will then be forwarded to the Superintendent for further action.

 

 

 

School District Sponsored Student Activity Proposal
Type: Administrative Procedure
Section: 500 STUDENTS
Code: 510.2
Adopted Date: 11/2/2007
Revised Date(s): 05/11/2011
Reviewed Date(s): 05/11/2011, 06/12/2017
Attachments:

Administrative procedure 510.2 is attached.

School District Student Attendance
Type: School Board Policy
Section: 500 STUDENTS
Code: 503
Adopted Date: 8/26/2002
Revised Date(s): 06/11/2007, 06/14/2010, 12/10/2012, 07/14/2014, 06/13/2016, 10/08/2018, 11/16/2021, 12/15/2021
Reviewed Date(s): 06/11/2007, 06/14/2010, 12/10/2012, 07/14/2014, 06/13/2016, 10/08/2018, 12/15/2021
Attachments:

I. PURPOSE

The purpose of this policy is to require regular school attendance.
 
II. GENERAL STATEMENT
 
A. The Moorhead School Board believes that regular school attendance is directly related to success in academic work, benefits students socially, provides opportunities for important communications between teachers and students and establishes regular habits of dependability important to the future of the student.

B. This policy also recognizes that class attendance is a joint responsibility to be shared by the student, parent(s)/guardian(s), teacher(s) and administrators. This policy will assist students to understand their responsibility to attend class.

C. Responsibilities
 
1. Student's Responsibility

It is the student's right to be in school. It is the student's responsibility to attend all assigned classes every day that school is in session and to be aware of and follow the correct procedures when absent from an assigned class. Finally, it is the student's responsibility to request any missed assignments due to an excused absence.

2. Parent or Guardian's Responsibility

It is the responsibility of the student's parent(s)/guardian(s) to ensure the student is attending school, to inform the school in the event of a student absence, and to work cooperatively with the school and the student to solve any attendance problems that may arise. Parents/guardians are responsible to provide contact information to the building administrator's office or on InfoSnap.

Parent(s)/guardian(s) must contact the school on the day of the student's absence. The school will attempt to contact the parent(s)/guardian(s) in the case of absences on the day the absence occurs.

3. Teacher's Responsibility

It is the teacher's responsibility to take daily attendance and to maintain accurate attendance records in each assigned class. It is also the teacher's responsibility to be familiar with all procedures governing attendance and to apply these procedures uniformly. It is also the teacher's responsibility to provide any student who has been absent with any missed assignments upon request. Finally, it is the teacher's responsibility to work cooperatively with the student's parent(s)/guardian(s) and the student to solve any attendance problems that may arise.

4. Administration's Responsibility

a. It is the administration's responsibility to require students to attend all assigned classes. It is also the responsibility of the administration to be familiar with all procedures governing attendance and to apply these procedures uniformly to all students, to maintain accurate records on student attendance and to prepare a list of the previous day's absences stating the status of each. Finally, it is the administration's responsibility to inform the student's parent(s)/guardian(s) of the student's attendance and to work cooperatively with them and the student to solve attendance problems.
 
b. In accordance with the regulations of the Minnesota Department of Education and the Minnesota Compulsory Instruction Law, Minn. Stat. Section 120A.22, the students of the school district are required to attend all assigned classes every day school is in session, unless the student has been excused by the School Board from attendance because the student has already completed state and school district standards required to graduate from high school, has withdrawn, or has a valid excuse for absence.

D. Attendance Procedures

Attendance procedures shall be presented to the School Board for review and approval.

1. Excused Absences 

a. To be considered an excused absence the student's parent(s)/guardian(s) may be asked to verify in writing the reason for the student's absence from school. A note from a physician or a licensed mental health professional stating that the student cannot attend school is a valid excuse.

b. The following reasons shall be sufficient to constitute excused absences:

(1) Illness.

(a) A healthcare professional's statement may be required after 3 or more consecutive absences.

(b) A healthcare professional's statement may be required after 10 or more cumulative absences over a school year. 

(2) Serious illness in the student's immediate family.

(3) A death or funeral in the student's immediate family or of a close friend or relative.

(4) Medical, dental or orthodontic treatment, or mental health appointment.

(5) Court appearances occasioned by family or personal action.

(6) Religious instruction not to exceed three hours in any week.

(7) Physical emergency conditions such as fire, flood, storm, etc.

(8) Official school field trip or other school-sponsored outing.

(9) Removal of a student pursuant to a suspension. Suspensions are to be handled as excused absences and students will be permitted to complete make-up work.

(10) Family emergencies.

(11) Active duty in any military branch of the United States.

(12) At the request of the parent/guardian, the School Board must excuse a kindergarten child from part of a school day.
 
(13) A student's condition that requires ongoing treatment for a mental health diagnosis. 
 
(14) Other reasons that could be acknowledged are personal requests for absence made 24 hours in advance (e.g. legal appointments, travel, family vacations, job interviews, state tournaments and school activities). We encourage parent(s)/guardian(s) to hold these requests to a maximum of 15 cumulative days per year. 

(15) Parent(s)/guardian(s) must call the school or use PowerSchool each day to inform the school that a student will not be attending or, when the student returns to school, send a note to school accounting for each day missed. If the parent/guardian does not notify the school within 2 days of the student's return to school, the absence will remain unexcused.

(16) The administration will determine the legitimacy of all absences. A student has the right and obligation to make-up any work missed for full credit for an excused absence.

b. Consequences of Excused Absences

(1) Students whose absences are excused are required to make up all assignments missed or to complete alternative assignments as deemed appropriate by the classroom teacher.

(2) School work missed because of an excused absence must be made up within two (2) class days from the date of the student's return to school.  This applies to school work assigned during the time period the student was absent from school.  Any previously assigned work is due on the day of the student's return.  The student will be required to make arrangements with the teacher to make up any school work missed and receive a grade. A teacher may require additional assignments to compensate for any loss of class discussion and information.

(3) School work not turned in to a teacher within the two-day guidelines may result in the assignment receiving a lower grade or no credit. In the case of a prolonged (3 or more days) excused absence, the teacher and student should mutually agree upon a deadline. An administrator will mediate if mutual agreement is not reached.

(4) Student Activities: Students in school-sponsored activities should not assume that they have the right to an extended deadline for schoolwork.

(5) Advance Make-up: In the event that students are aware they will be absent from school for more than two (2) days, it is the students' responsibility to make arrangements with classroom teachers to make up the work.

2. Unexcused Absences

a. The following are examples of absences which will not be excused:

(1) Truancy. An absence by a student that was not approved by the parent(s)/guardian(s) and/or the school district.

(2) Any absence in which the student failed to comply with any reporting requirements of the school district's attendance procedures.

(3) Work at home, including babysitting or running errands.

(4) Work at a business, except under a school-sponsored work release program.

(5) Absences resulting from cumulated unexcused tardies (3 tardies equal one unexcused absence).

(6) Missing the bus, car trouble, oversleeping, need for extra sleep, hair appointments, shopping, visiting friends, not returning to school following the lunch period, leaving school ill without checking out with the health office, falsifying notes or explanations for absence.

(7) Any other absence not included under the attendance procedures set out in this policy.

b. Consequences of Unexcused Absences

(1) Absences resulting from official suspension will be handled in accordance with the Pupil Fair Dismissal Act, Minn. Stat. 121A.40-121A.56.

(2) No daily credit for work missed.
 
(3) Days during which a student is suspended from school shall not be counted in a student's total cumulated unexcused absences.

(4) On the third unexcused absence the student will be referred to a truancy intervention or counseling program. Once the referral has been made, attendance will be closely monitored, attendance contracts may be held and detention and in-school suspension will be used to enforce school district policy (refer to Section IV.).
 
(5) A consequence of excessive unexcused absences may be a grade reduction.
 
E. Tardiness

1. Definition: Students are expected to be in their assigned area at designated times. Failure to do so constitutes tardiness.

2. Reporting Tardiness

a. Students tardy at the start of school must report to the school office for an admission slip.

b. Tardiness between periods will be handled by the teacher.

3. Excused Tardiness

Valid excuses for tardiness are:

a. Illness;

b. Serious illness in the student's immediate family;

c. Death or funeral in the student's immediate family or of a close friend or relative;

d. Medical, dental or orthodontic treatment or mental health appointment;

e. Court appearances occasioned by family or personal action;

f. Physical emergency conditions such as fire, flood, storm, etc;

g. Any tardiness for which an administrator or faculty member has excused the student in writing.

4. Unexcused Tardiness

a. Unexcused tardiness is failing to be in an assigned area at the designated time class period commences without a valid excuse.

b. Students who accumulate excessive unexcused tardies shall, along with their parent(s)/guardian(s), be referred to the school counselor or social worker to try to eliminate those reasons for truancy.

5. Illness During School

a. All students who become ill during the school day, except in case of an emergency are to report to their regular classroom and then get a pass to the health office. Parent(s)/guardians(s) should be contacted and should make arrangements for the well-being of the student. The school will not release a student to go home without a parent/guardian contact and arrangement made for release of the student into the care of the parent(s)/guardian(s) or approved others.

F. Participation in Extracurricular Activities and School-Sponsored On-the-Job Training Programs

1. This policy applies to all students involved in any extracurricular activity scheduled either during or outside the school day and any school-sponsored on-the-job training programs.

2. School-initiated absences will be accepted and participation permitted.

3. Coaches and advisors will be advised of team members/students who have unexcused absences. When an unexcused absence is verified a student will not be permitted to participate in that day's extra-curricular activity(s) (e.g. practice, game, rehearsal, program, match, meet or performance) following notification of coach/advisor.

4. If a student is suspended from any class, he or she may not participate in any activity or program that day.

5. If a student is absent from school due to medical reasons, he or she must present a physician's statement or a statement from the student's parent(s)/guardian(s) clearing the student for participation that day. The note must be presented to the coach or advisor before the student participates in the activity or program.

G. Homebound Instruction

1. A student who is absent for 10 consecutive days is eligible for homebound or hospital-bound instruction. Authorization from a physician must be on file requesting the same. All requests for homebound instruction are to be directed to the health office and then to the department of learner support services and can be initiated before the timelines are in effect.
 
III. RELIGIOUS OBSERVANCE ACCOMMODATION
 
Reasonable efforts will be made by the school district to accommodate any student who wishes to be excused from a curricular activity for religious observance. Requests for accommodations should be directed to the building principal.

IV. DISSEMINATION OF POLICY

1. Copies of this policy shall be made available to all students and parents/guardians at the commencement of each school year in the student handbook and the district's website (www.moorheadschools.org). This policy shall also be available upon request in each building administrator's office.
 
2. The school district will provide annual notice to parents of the school district's policy relating to a student's absence from school for religious observance.
 
V. REQUIRED REPORTING

A. Continuing Truant

Minn. Stat. Section 260A.02 provides that a continuing truant is a student who is subject to the compulsory instruction requirements of Minn. Stat. Section 120A.22 and is absent from instruction in a school, as defined in Minn. Stat. Section 120A.05, without valid excuse within a single school year for:

1. three days if the child is in elementary school; or

2. three or more class periods on three days if the child is in middle school or high school.

B. Reporting Responsibility

When a student is initially classified as a continuing truant, Minn. Stat. Section 260A.03 provides that the designated school official shall notify the student's parent(s)/guardian(s), by first class mail or other reasonable means, of the following:

1. that the child is truant;

2. that the parent(s)/guardian(s) must notify the school if there is a valid excuse for the child's absences;

3. that the parent/guardian is obligated to compel the attendance of the child at school pursuant to Minn. Stat. Section 120A.22 and parent(s)/guardian(s) who fail to meet this obligation may be subject to prosecution under Minn. Stat. Section 120A.34;

4. that this notification serves as the notification required by Minn. Stat. Section 120A.34;

5. that alternative educational programs and services may be available in the district;

6. that the parent/guardian has the right to meet with appropriate school personnel to discuss solutions to the child's truancy;

7. that if the child continues to be truant, the parent(s)/guardian(s) and child may be subject to juvenile court proceedings under Minn. Stat. Ch. 260C; and

8. that if the child is subject to juvenile court proceedings, the child may be subject to suspension, restriction, or delay of the child's driving privilege pursuant to Minn. Stat. 260C.201.

C. Habitual Truant

1. A habitual truant is a child under the age of 17 years who is absent from attendance at school without lawful excuse for seven school days per school year if the child is in elementary school or for one or more class periods on seven school days per school year if the child is in middle school, junior high school, or high school, or a child who is 17 years of age who is absent from attendance at school without lawful excuse for one or more class periods on seven school days per school year and who has not lawfully withdrawn from school.

2. A school district administrator or designee shall refer a habitual truant child and the child's parent(s)/guardian(s) to appropriate services and procedures, under Minn. Stat. Ch. 260A.
 
 
Legal References:
Minn. Stat. 120A.05 (Definitions)
Minn. Stat. 120A.22 (Compulsory Instruction)
Minn. Stat. 120A.24 (Reporting)
Minn. Stat. 120A.26 (Enforcement and Prosecution)
Minn. Stat. 120A.34 (Violations; Penalties)
Minn. Stat. 120A.35 (Absence from School for Religious Observance)
Minn. Stat. 121A.40 - 121A.56 (Pupil Fair Dismissal Act)
Minn. Stat. 260C.007, Subd. 19 (Habitual Truant Defined)
Minn. Stat. 260A.02 (Definitions)
Minn. Stat. 260A.03 (Notice to Parent or Guardian When Child is a Continuing Truant)
Minn. Stat. 260C.201 (Dispositions; Children in Need of Protection or Services or Neglected and in Foster Care)
Goss v. Lopez, 419 U.S. 565, (1975)
Slocum v. Holton Board of Education, 429 N.W.2d 607 (Mich. App. Ct. 1988)
Campbell v. Board of Education of New Milford, 475 A.2d 289 (Conn. 1984)
Hamer v. Board of Education of Township High School District No. 113, 66 Ill. App.3d 7, 383 N.E.2d 231 (1978)
G
utierrez v. School District R-1, 585 P.2d 935 (Co. Ct. App. 1978)
Knight v. Board of Education, 38 Ill. App. 3d 603, 348 N.E.2d 299 (1976)
Dorsey v. Bale, 521 S.W.2d 76 (Ky. 1975)

Cross References:
Moorhead School Board Policy 551: Student Discipline
MSBA/MASA Model Policy 503 (Student Attendance)
School District System Accountability
Type: School Board Policy
Section: 600 EDUCATION PROGRAMS
Code: 616
Adopted Date: 8/26/2002
Revised Date(s): 05/11/2009, 06/14/2010, 06/13/2011, 05/14/2012, 02/23/2015, 06/12/2017, 05/29/2018, 06/13/2019, 03/19/2020, 02/17/2021, 11/16/2021, 06/20/2022, 07/22/2022, 06/14/2023, 08/29/2023
Reviewed Date(s): 11/10/2003, 06/13/2005, 06/11/2007, 05/12/2008, 05/11/2009, 06/14/2010, 06/13/2011, 05/14/2012, 02/23/2015, 06/12/2017, 05/29/2018, 03/19/2020, 01/20/2021, 02/17/2021, 12/15/2021, 07/22/2022, 06/14/2023, 08/29/2023
Attachments:

I. PURPOSE

The purpose of this policy is to focus public education strategies on a process that promotes higher academic achievement for all students and ensures broad-based community participation in decisions regarding the implementation of state and federal laws.

II. GENERAL STATEMENT

Implementation of the Minnesota K-12 Academic Standards and federal laws will require a new level of accountability for the Moorhead Area Public Schools. The school district also will establish a system to review and improve instruction, curriculum, and assessment which will include substantial input from students, parents/guardians, and local community members. The school district is accountable to the public and the state through annual reporting.

III. DEFINITIONS

A. "Credit" means a student's successful completion of an academic year of study or a student's mastery of the applicable subject matter, as determined by the school district.

B. "World's Best Workforce" means striving to: meet school readiness goals; close the academic achievement gap among all racial and ethnic groups of students and between students living in poverty and students not living in poverty; have all students attain career and college readiness before graduating from high school, and have all students graduate from high school. 

IV. ESTABLISHMENT OF GOALS; IMPLEMENTATION; EVALUATION AND REPORTING

A. School District Goals

1. The Moorhead School Board has established school district-wide goals which provide broad direction for the school district. Incorporated in these goals are the graduation and education standards contained in the Minnesota K-12 Academic Standards and federal law. The broad goals shall be reviewed annually and approved by the School Board. The School Board shall adopt annual goals based on the recommendations of the Instruction and Curriculum Advisory Committee (ICAC).

2. The improvement goals should address recommendations identified through the ICAC committee process. The ICAC Committee is established by the school board to ensure active community participation in all phases of planning and improving instruction and curriculum affecting state and district academic standards. (Procedure 230.6 MAPS School Board Instruction and Curriculum Committee)

3. The school district-wide improvement goals should address recommendations identified through the ICAC committee process. The school district's goal-setting process will include consideration of individual site goals. School district goals may be developed through an evaluation of student progress and a locally determined process.

B. System for Reviewing All Instruction and Curriculum

Incorporated in the process is the analysis of the school district's progress toward implementation of the Minnesota Academic Standards (Administrative Procedure 601.1: Moorhead Area Public Schools Academic Standards Curriculum Review Cycle). Instruction and curriculum shall be reviewed and evaluated by taking into account strategies and best practices, student outcomes, and principal evaluations under Minnesota Statutes section 123B.147, Subdivision 3, and teacher evaluations under Minnesota Statutes section 122A.40, Subdivision 8, or 122A.41, Subdivsion 5.

C. Implementation of Graduation Requirements
 
1. ICAC shall advise the School Board on the implementation of the state and local graduation requirements, including K-12 curriculum, assessment, student learning opportunities, and other related issues. Recommendations of this committee shall be published annually to the community. The school board shall receive public input and comments and shall adopt or update this policy at least annually. The ICAC Committee will serve as the Advisory Committee for Comprehensive Continuous Improvement of Student Achievement.
 
2. The School Board shall annually review and determine if student achievement levels at each school site meet federal expectations. If the School Board determines that student achievement levels at a school site do not meet federal expectations and the site has not made adequate yearly progress for two consecutive school years, ICAC shall work with the school site to adopt a plan to raise student achievement levels to meet federal expectations. ICAC may seek assistance from the Commissioner of the Minnesota Department of Education (MDE) (the Commissioner) in developing a plan which must include parental involvement components.
 
3. The educational assessment system component utilized by the School Board to measure individual students' educational progress must be based, to the extent annual tests are administered, on indicators of current achievement that show growth relative to an individual student's prior achievement. Indicators of achievement and prior achievement must be based on highly reliable statewide or district-wide assessments. The School Board will utilize models developed by the Commissioner for measuring individual student progress. The School Board must coordinate with MDE in evaluating school sites and continuous improvement plans consistent with best practices.
 
D. Comprehensive Continuous Improvement of Student Achievement

1. By October of each year, the ICAC will meet to advise and assist the school district in the implementation of the school district system accountability and comprehensive continuous improvement process.

2. ICAC, working in cooperation with other committees of the school district (technology, grade level, curriculum and assessment committees, etc.), will provide active community participation in:

a. Reviewing the school district instructional and curriculum plan, with emphasis on implementing the Minnesota Academic Standards;

b. Identifying annual instruction and curriculum improvement goals for recommendation to the School Board;

c. Making recommendations regarding the evaluation process that is used to measure school district progress toward its goals;

3. The ICAC shall meet the following criteria:

a. The advisory committee shall ensure active community participation in all planning for instruction and curriculum affecting graduation standards.

b. The advisory committee shall make recommendations to the School Board on school district-wide standards, assessments, and program evaluation.

c. Building teams may be established as subcommittees to develop and implement an education effectiveness plan and to carry out methods to improve instruction, curriculum, and assessments as well as methods to use technology in meeting the school district improvement plan.

d. A local process shall be used for developing a plan for assessment of student progress toward the academic standards as well as program evaluation data for use by the advisory committee in the instruction and curriculum review process. This plan shall annually be approved by the School Board.

5. Translation services should be provided to the extent appropriate and practicable.

6. The advisory committee shall meet the following timeline each year:

September: Organizational meeting of the committee to review the authorizing legislation and the roles and responsibilities of the committee as determined by the School Board.  Provide direction to and review the "Summary of the World's Best Workforce Annual Report on Curriculum, Instruction and Student Achievement."

1. September to May: Review evaluation results and prepare recommendations.

2. November: Become familiar with the instruction and curriculum of the cycle content area.

3. November: Present recommendations to the School Board for its input and approval.

D. Evaluation of Student Progress Committee.

A committee of licensed professional staff shall develop a plan for assessment of student progress toward the Minnesota Academic Standards, as well as program evaluation data for use by the ICAC committee in the instruction and curriculum, cultural competencies, including cultural awareness and cross-cultural communication, and student achievement at the school site. This plan shall be approved annually by the School Board.

E. Educational Planning and Assessment System.

The school district may elect to participate in a program to provide a longitudinal, systematic approach to student educational and career planning, assessment, instructional support, and evaluation.
 
F. Reporting.
 
1. Consistent with Minnesota Statutes section 120B.36, subdivision 1, the School Board shall publish a report in the newspaper with the largest circulation in the district, by mail or by electronic means on the school district website. The School Board shall hold an annual public meeting to review and revise, where appropriate, student achievement goals, local assessment outcomes, plans, strategies, and practices for improving curriculum and instruction, and to review school district success in realizing the previously adopted student achievement goals and related benchmarks and the improvement plans leading to the world’s best workforce. The School Board must transmit an electronic summary of its report to the Commissioner in the form and manner the Commissioner determines. The school district shall periodically survey affected constituencies about their connection to and level of satisfaction with the school. The school district shall include the results of this evaluation in its summary report to the Commissioner.

2. The school performance report for a school site and a school district must include performance reporting information and calculate proficiency rates as required by the most recently reauthorized Elementary and Secondary Education Act.

3. The school district must annually report the district's class size ratios by each grade to the commissioner of education in the form and manner specified by the Commissioner.

4. The school district must report whether programs funded with compensatory revenue are consistent with best practices demonstrated to improve student achievement.

 
Legal References:
Minn. Stat. 120B.02 (Educational Expectations for Minnesota's Students)
Minn. Stat. 120B.018 (Definitions) 
Minn. Stat. 120B.11 (School District Process)
Minn. Stat. 120B.128 (Educational Planning and Assessment System (EPAS) Program) 
Minn. Stat. 120B.35 (Student Achievement Levels)
Minn. Stat. 120B.36 (School Accountability; Appeals Process)
Minn. Stat. 122A.40, Subd. 8 (Employment; Contracts; Termination)
Minn. Stat. 122A.41, Subd. 5 (Teacher Tenure Act; Cities of the First Class; Definitions) 
Minn. Stat. 123B.04 (Site Decision Making Agreement)
Minn. Stat. 123B.147, Subd. 3 (Principals)
Minn. Stat. § 126C.12 (Learning and Development Revenue Amount and Use)
Minn. Rules Part 3501.0640-3501.0655 (Academic Standards for Language Arts)
Minn. Rules Parts 3501.0700-3501.0745 (Academic Standards for Mathematics)
Minn. Rules Parts 3501.0800-3501.0815 (Academic Standards for the Arts)
Minn. Rules Parts 3501.0900-3501.0955 (Academic Standards in Science)
Minn. Rules Parts 3501.1300-3501.1345 (Academic Standards for Social Studies)
Minn. Rules Parts 3501.1400-3501.1410 (Academic Standards for Physical Education) 
20 U.S.C. 6301, et seq. (Every Student Succeeds Act (ESSA)) 
 
Cross References:
MSBA/MASA Model Policy 104 (School District Mission Statement)
MSBA/MASA Model Policy 601 (School District Curriculum and Instruction Goals)
MSBA/MASA Model Policy 613 (Graduation Requirements)
MSBA/MASA Model Policy 614 (School District Testing Plan and Procedure)
MSBA/MASA Model Policy 615 (Testing Accommodations, Modifications, and Exemptions for IEPs, Section 504 Plans, and LEP Students)
MSBA/MASA Model Policy 617 (School District Ensurance of Preparatory and High School Standards)
MSBA/MASA Model Policy 618 (Assessment of Student Achievement)
MSBA/MASA Model Policy 619 (Staff Development for Standards)
MSBA/MASA Model Policy 620 (Credit for Learning)
Moorhead School Board Policy 104: Mission Statement
Moorhead School Board Policy 601: Curriculum and Instruction Goals of Moorhead Area Public Schools
Moorhead School Board Policy 613: Moorhead Area Public Schools Graduation Policy
Moorhead School Board Policy 619: Staff Development for Minnesota Academic Standards 
Moorhead School Board Policy 620: Credit for Learning of Minnesota Graduation Standards
Moorhead School Board Policy 615: Testing Accommodations, Modifications, and Exemptions for IEPS, Section 504 Plans and LEP Students
Moorhead School Board Policy 614: Moorhead Area Public Schools State Mandated Testing Plan and Procedure
School District Testing Plan and Procedure
Type: School Board Policy
Section: 600 EDUCATION PROGRAMS
Code: 614
Adopted Date: 8/26/2002
Revised Date(s): 05/12/2008, 06/13/2011, 02/23/2015, 05/29/2018, 06/13/2019, 05/18/2021, 12/12/2023
Reviewed Date(s): 04/12/2004, 05/09/2005, 06/11/2007, 05/12/2008, 06/13/2011, 02/23/2015, 05/29/2018, 04/20/2021, 12/12/2023
Attachments:

I. PURPOSE

It is the purpose of this policy to set forth the testing plan and procedure for Moorhead Area Public Schools.

II. GENERAL STATEMENT

It is the policy of Moorhead Area Public Schools to implement procedures for testing, test security, and documentation.

III. DUTIES OF SCHOOL DISTRICT PERSONNEL REGARDING TEST ADMINISTRATION

A. Superintendent

  1. Responsibilities before testing.
    1. Designate a district assessment coordinator and district technology coordinator.
    2. The superintendent, or a designee who has been authorized to be the identified official with authority by the school board, preauthorizes staff access for applicable Minnesota Department of Education (MDE) secure systems.
    3. Annually review and recertify staff who have access to MDE secure systems.
    4. Read and complete the Assurance of Test Security and Non-Disclosure.
    5. Establish a culture of academic integrity.
    6. Fully cooperate with MDE representatives conducting site visits or Minnesota Test of Academic Skills (MTAS) audits during testing.
    7. Ensure student information is current and accurate.
    8. Ensure that a current district test security procedure is in place and that all relevant staff have been provided district training on test administration and test security.
    9. Ensure that a current process is included for tracking which students tested with which test monitors and any other adult(s) who were present in the testing room (e.g., staff providing assistance, paraprofessionals, etc.)
    10. Confirm the district assessment coordinator has current information and training specific to test security and the administration of statewide assessments.
    11. Confirm the district assessment coordinator completes Pre-test Editing in the Test Web Edit System (WES).
    12. Post on the school district website the complete Parent/Guardian Guide and Refusal for Student Participation in Statewide Testing form. 
  2. Responsibilities after testing.
    1. Confirm the district assessment coordinator and Minnesota Automated Reporting Student System (MARSS) coordinator complete Post-test Editing in Test WES.
    2. Verify with the district assessment coordinator that all test security issues have been reported to MDE and are being addressed.
    3. Confirm the MARSS coordinator has updated all student records for Post-test Editing.
    4. Confirm the district assessment coordinator has finalized the district’s assessment information prior to the close of Post-test Editing in Test WES.
    5. Confirm the district assessment coordinator, or designee has access to the Graduation Requirements Records (GRR) system and enters necessary information.
    6. Discuss assessment results with the district assessment coordinator and school administrators.

B. District Assessment Coordinator

  1. Responsibilities before testing.
    1. Serve as primary contact with MDE regarding policy and procedure questions related to test administration.
    2. Read and complete the Assurance of Test Security and Non-Disclosure.
    3. Confirm all staff who handle test materials, administer tests, or have access to secure test content have completed the Assurance of Test Security and Non-Disclosure.
      1. Maintain the completed Assurance of Test Security and Non-Disclosure for two years after the end of the academic school year in which testing took place.
    4. Review with all staff the Assurance of Test Security and Non-Disclosure and their responsibilities thereunder.
    5. Identify appropriate tests for students and ensure student data sent to service providers for testing are correct.
    6. Establish district testing schedule within the testing windows specified by the MDE and service providers.
    7. Prepare testing conditions, including user access to service provider websites, preparing readiness for online testing, preparing a plan for tracking which students test on which computers or devices, ensure accommodations are indicated as necessary, providing students with opportunity to become familiar with test format, item types, and tools prior to test administration; establishing process for inventorying and distributing secure test materials where necessary; preparing procedures for expected and unexpected situations occurring during testing; planning for addressing technical issues while testing; identify staff who will enter student responses from paper accommodated test materials and scores from MTAS administration online.
    8. Train school assessment coordinators, test monitors, MTAS test administrators, and ACCESS (test for English language learners), and Alternate ACCESS test administrators.
      1. Provide training on proper test administration and test security.
      2. Verify staff complete any and all test-specific training.
    9.  Maintain security of test content, test materials, and record of all staff involved.
      1. Receive secure paper test materials from the service provider and immediately lock them in a previously identified secure area, inventory same, and contact service provider with any discrepancies.
      2. Organize secure test materials for online administrations and keep them secure.
      3. Define chain of custody for providing test materials to test monitors and administrators. The chain of custody must address the process for providing test materials on the day of testing, distributing test materials to and collecting test materials from students at the time of testing, keeping test materials secure between testing sessions, and returning test materials after testing is completed.
    10. Confirm that all students have appropriate test materials.
  2. Responsibilities on testing day(s).
    1. Conduct random, unannounced visits to testing rooms to observe staff adherence to test security and policies and procedures.
    2. Fully cooperate with MDE representatives conducting site visits or MTAS audits.
    3. Contact the MDE assessment contact within 24 hours of a security breach and submit the Test Security Notification in Test WES within 48 hours.
    4. Address invalidations and test or accountability codes.
  3. Responsibilities after testing.
    1. Ensure that student responses from paper-accommodated test materials and MTAS scores are entered.
    2. Arrange for secure disposal of all test materials that are not required to be returned within 48 hours after the close of the testing window.
    3. Return secure test materials as outlined in applicable manuals and resources.
    4. Collect security documents and maintain them for two years from the end of the academic school year in which testing took place.
    5. Review student assessment data and resolve any issues.
    6. Distribute Individual Student Reports no later than fall parent/teacher conferences.
    7. Enter Graduation Requirements Records in the GRR system.

C. School Principal

  1. Responsibilities before testing.
    1. Designate a school assessment coordinator and technology coordinator for the building.
    2. Be knowledgeable about proper test administration and test security as outlined in manuals and directions.
    3. Read and complete the Assurance of Test Security and Non-Disclosure.
    4. Communicate the importance of test security and expectation that staff will keep test content secure and act with honesty and integrity during test administration.
    5. Provide adequate secure storage space for secure test materials before, during, and after testing until they are returned to the service provider or securely disposed of.
    6. Ensure adequate computers and/or devices are available and rooms appropriately set up for online testing.
    7. Verify that all test monitors and test administrators receive proper training for test administration.
    8. Ensure students taking specified tests have the opportunity to become familiar with test format, item types, and tools prior to test administration.
    9. Include the complete Parent/Guardian Guide and Refusal for Student Participation in Statewide Testing form in the student handbook. 
  2. Responsibilities on testing day(s).
    1. Ensure that test administration policies and procedures and test security requirements in all manuals and directions are followed.
    2. Fully cooperate with MDE representatives conducting site visits or MTAS audits.
  3. Responsibilities after testing.
    1. Ensure all secure test materials are collected, returned, and/or disposed of securely as required in any manual.
    2. Ensure requirements for embargoed final assessment results are followed.

D. School Assessment Coordinator

  1. Responsibilities before testing.
    1. Implement test administration and test security policies and procedures.
    2. Read and complete the Assurance of Test Security and Non-Disclosure.
    3. Ensure all staff who handle test materials, administer tests, or have access to secure test content read and complete the Assurance of Test Security and Non-Disclosure.
    4. Identify appropriate tests for students and ensure student data sent to service providers for testing are correct.
    5. Prepare testing conditions, including the following: schedule rooms and computer labs; arrange for test monitors and administrators; arrange for additional staff to assist with unexpected situations; arrange for technology staff to assist with technical issues; develop a plan for tracking which students test on which computers or devices; plan seating arrangements for students; ensure preparations are completed for Optional Local Purpose Assessment (OLPA), Minnesota Comprehensive Assessment (MCA), and ACCESS online testing; ensure accommodations are properly reported; confirm how secure paper test materials will arrive and quantities to expect; address accommodations and specific test administration procedures; determine staff who will enter the student responses from paper accommodated test materials and scores from MTAS administrations online.
    6. Train staff, including all state-provided training materials, policies and procedures, and test-specific training.
    7. Maintain security of test content and test materials.
      1. Receive secure paper test materials from the service provider and immediately lock them in a previously identified secure area, inventory same, and contact service provider with any discrepancies.
      2. Organize secure test materials for online administrations and keep them secure.
      3. Follow chain of custody for providing test materials to test monitors and administrators. The chain of custody must address the process for providing test materials on the day of testing, distributing test materials to and collecting test materials from students at the time of testing, keeping test materials secure between testing sessions, and returning test materials after testing is completed.
      4. Identify need for additional test materials to district assessment coordinator.
      5. Provide MTAS student data collection forms if necessary.
      6. Distribute applicable ACCESS and Alternate ACCESS Test Administrator Scripts and Test Administration Manuals to test administrators so they can become familiar with the script and prepare for test administration.
      7. Confirm that all students taking ACCESS and Alternate ACCESS have appropriate test materials and preprinted student information on the label is accurate.
  2. Responsibilities on testing day(s).
    1. Before test.
      1. Receive and maintain security of test materials.
      2. Verify that all test materials are received.
      3. Ensure proper number of computers/devices or paper accommodated test materials are present.
      4. Verify student testing tickets and appropriate allowable materials.
      5. Assign numbered test books to individual students.
      6. Complete information as directed.
      7. Record extra test materials.
    2. During test.
      1. Verify that students are logged in and taking the correct test or using the correct grade-level and tier test booklet for students with paper-accommodated test materials.
      2. Follow all directions and scripts exactly.
      3. Follow procedures for restricting student access to cell phones and other electronic devices, including wearable electronic devices.
      4. Stay in testing room and remain attentive during entire test session. Practice active monitoring by circulating throughout the room during testing.
      5. Be knowledgeable about responding to emergency or unusual circumstances and technology issues.
      6. Do not review, discuss, capture, email, post, or share test content in any format.
      7. Ensure all students have been provided the opportunity to independently demonstrate their knowledge.
      8. Fully cooperate with MDE representatives conducting site visits or MTAS audits.
      9. Document the students who tested with the test monitor and any other adult(s) who were present in the testing room (e.g., staff providing assistance, paraprofessionals, etc.)
      10. Document students who require a scribe or translated directions or any unusual circumstances and report to school assessment coordinator.
      11. Report any possible security breaches as soon as possible. 
    3. Responsibilities after testing.
      1. Ensure that all paper test materials are kept locked and secure and security checklists completed.
      2. Ensure that student responses from paper-accommodated test materials and MTAS scores are entered.
      3. Arrange for secure disposal of all test materials that are not required to be returned within 48 hours after the close of the testing window.
      4. Return secure test materials as outlined in applicable manuals and resources.
      5. Prepare materials for pickup by designated carrier on designated date(s). Maintain security of all materials.
      6. Ensure requirements for embargoed final assessment results are followed.

E. Technology Coordinator

  1. Ensure the district is prepared for online test administration and provide technical support to district staff.
  2. Acquire all necessary user identifications and passwords.
  3. Read and complete the Assurance of Test Security and Non-Disclosure.
  4. Fully cooperate with MDE representatives conducting site visits or MTAS audits.
  5. Attend district training and any service provider technology training.
  6. Review, use, and be familiar with all service provider technical documentation.
  7. Prepare computers and devices for online testing.
  8. Confirm site readiness.
  9. Provide all necessary accessories for testing, technical support/troubleshooting during test administration and contact service provider help desks as needed.

F. Test Monitor 

  1. Responsibilities before testing.
    1. Read and complete the Assurance of Test Security and Non-Disclosure.
    2. Attend trainings related to test administration and security.
    3. Complete required training course(s) for tests administering.
    4. Be knowledgeable about how to contact the school assessment coordinator during testing, where to pick up materials on the day of the test, and plan for securing test materials between test sessions.
    5. Be knowledgeable regarding student accommodations.
    6. Remove or cover any instructional posters or visual materials in the testing room.
  2. Responsibilities on testing day(s).
    1. Before test.
      1. Receive and maintain security of test materials.
      2. Verify that all test materials are received.
      3. Ensure proper number of computers/devices or paper accommodated test materials are present.
      4. Verify student testing tickets and appropriate allowable materials.
      5. Assign numbered test books to individual students.
      6. Complete information as directed.
      7. Record extra test materials.
    2.  During test.
      1. Verify that students are logged in and taking the correct test or using the correct grade-level and tier test booklet for students with paper-accommodated test materials.
      2. Follow all directions and scripts exactly.
      3. Follow procedures for restricting student access to cell phones and other electronic devices, including wearable electronic devices.
      4. Stay in testing room and remain attentive during entire test session. Practice active monitoring by circulating throughout the room during testing.
      5. Be knowledgeable about responding to emergency or unusual circumstances and technology issues.
      6. Do not review, discuss, capture, email, post, or share test content in any format.
      7. Ensure all students have been provided the opportunity to independently demonstrate their knowledge.
      8. Fully cooperate with MDE representatives conducting site visits or MTAS audits.
      9. Document the students who tested with the test monitor and any other adult(s) who were present in the testing room (e.g., staff providing assistance, paraprofessionals, etc.)
      10. Document students who require a scribe or translated directions or any unusual circumstances and report to school assessment coordinator.
      11. Report any possible security breaches as soon as possible.
    3.  After test.
      1.  Follow directions and scripts exactly.
      2. Collect all materials and keep secure after each session. Upon completion return to the school assessment coordinator.
      3. Immediately report any missing test materials to the school assessment coordinator.

G. MTAS Test Administrator

    1. Before testing.
      1. Read and complete the Assurance of Test Security and Non-Disclosure.
      2. Attend trainings related to test administration and security.
      3. Complete required training course(s) for tests administering.
      4. Be knowledgeable as to when and where to pick up MTAS materials and the school’s plan for keeping test materials secure.
      5. Prepare test materials for administration, including objects and manipulatives, special instructions, and specific adaptations for each student.
    2. Responsibility on testing day(s).
      1. Before the test.
        1. Maintain security of materials.
        2. Confirm appropriate MTAS materials are available and prepared for student.
      2. During the test.
        1. Administer each task to each student and record the score.
        2. Be knowledgeable about how to contact the district or school assessment coordinator, if necessary, and responding to emergency and unusual circumstances.
        3. Fully cooperate with MDE representatives conducting site visits or MTAS audits.
        4. Document and report and unusual circumstances to district or school assessment coordinator.
      3. After the test.
        1. Keep materials secure.
        2. Return all materials.
        3. Return objects and manipulatives to classroom.
        4. Enter MTAS scores online or return data collection forms to the district or school assessment coordinator.

H. MARSS Coordinator

  1.  Responsibilities before testing.
    1. Confirm all eligible students have unique state student identification (SSID) or MARSS numbers.
    2. Ensure English language and special education designations are current and correct for students testing based on those designations.
    3. Submit MARSS data on an ongoing basis to ensure accurate student demographic and enrollment information.
  2. Responsibilities after testing.
    1. Ensure accurate enrollment of students in schools during the accountability windows.
    2. Ensure MARSS identifying characteristics are correct, especially for any student not taking an accountability test.
    3. Work with district assessment coordinator to edit discrepancies during the Post-test Edit window in Test WES.

I. Any Person with Access to Test Materials Read and complete the Assurance of Test Security and Non-Disclosure. 

IV. TEST SECURITY
 
A. Test Security Procedures will be adopted by school district administration.

B. Students will be informed of the following: 

  1. The importance of test security;
  2. Expectation that students will keep test content secure;
  3. Expectation that students will act with honesty and integrity during test administration;
  4. Availability of the online Test Security Tip Line on the MDE website for reporting suspected incidents of cheating or other improper or unethical behavior.
  5. Expectation that students will not access cell phones, wearable technology (e.g., smartwatches, fitness trackers), or other devices that can electronically send or receive information. The test of a student who wears a device during testing must be invalidated. If a student completes testing and then accesses a cell phone or other prohibited device (including wearable technology), the school district must take further action to determine if the test should be invalidated, rather than automatically invalidating the test.

C. Staff will be informed of the following:

  1. Availability of the online Test Security Tip Line on the MDE website for reporting suspected incidents of cheating or other improper or unethical behavior.
  2. Other contact information and options for reporting security concerns.

Please refer to Administrative Procedure 660.1: Security Procedures for test security procedures.

V. REQUIRED DOCUMENTATION FOR PROGRAM AUDIT

A. The school district shall maintain records necessary for program audits conducted by MDE. The records must include documentation consisting of the following:

  1. Signed Assurance of Test Security and Non-Disclosure forms must be maintained for two years after the end of the academic year in which the testing took place.
  2. School district security checklists provided in the test materials shipment must be maintained for two years after the end of the academic school year in which testing took place.
  3. School security checklists provided in the test materials shipment must be maintained for two years after the end of the academic school year in which testing took place.
  4. Test Monitor Test Materials Security Checklist provided for each group of students assigned to a test monitor must be maintained for two years after the end of the academic school year in which testing took place.
  5. School district test monitor tracking documentation must be maintained for two years after the end of the academic year in which the tracking took place.
  6. ACCESS and Alternate ACCESS Packing List and Security Checklist provided in the test materials shipment must be maintained for two years after the end of the academic school year in which testing took place.
  7. Documentation of school district staff training on test administration and test security must be maintained for two years after the end of the academic school year in which testing took place.
  8. Test Security Notification must be maintained for two years after the end of the academic school year in which testing took place.
  9. Test Administration Report must be maintained for one year after the end of the academic school year in which testing took place.
  10. Record of staff trainings and test-specific trainings must be maintained for one year after the end of the academic year in which testing took place.
Legal References: 
Minn. Stat. 13.34 (Examination Data)
Minn. Stat. 120B.11 (School District Process for Reviewing curriculum Instruction, and Student Achievement, Striving for the World's Best Workforce)
Minn. Stat. 120B.36, Subd. 2 (School Accountability)
Minn. Stat. 123B.30 (Statewide Testing and Reporting System)
Minn. Rules Parts 3501.0640-3501.0655 (Academic Standards for Language Arts)
Minn. Rules Parts 3501.0700-3501.0745 (Academic Standards for Mathematics)
Minn. Rules Parts 3501.082 (Academic Standards for the Arts)
Minn. Rules Parts 3501.0900-3501.0955 (Academic Standards in Science)
Minn. Rules Parts 3501.1300-3501.1345 (Academic Standards for Social Studies)
Minn. Rules Parts 3501.1400-3501.1410 (Academic Standards for Physical Education) 
20 U.S.C. 6301, et seq. (Every Student Succeeds Act)

Cross References:
Moorhead School Board Policy 601: Curriculum and Instruction Goals of Moorhead Area Public Schools
Moorhead School Board Policy 640: Moorhead Area Public Schools Graduation Policy
Moorhead School Board Policy 650: School District System Accountability
Moorhead School Board Policy 656: Testing Accommodations, Modifications, and Exemptions for IEPS, Section 504 Plans and LEP Students
MSBA/MASA Model Policy 614 (School District Testing Plan and Procedure)
MSBA/MASA Model Policy 601 (School District Curriculum and Instruction Goals)
MSBA/MASA Model Policy 613 (Graduation Requirements)
MSBA/MASA Model Policy 615 (Testing Accommodations, Modifications, and Exemptions for IEPs, Section 504 Plans, and LEP Students)
MSBA/MASA Model Policy 616 (School District System Accountability)
Minnesota PearsonAccess Next Resources and Forms: http://minnesota.pearsonaccessnext.com/policies-and-procedures/
School Meals Account Management
Type: Administrative Procedure
Section: 500 STUDENTS
Code: 534.1
Adopted Date: 6/26/2017
Revised Date(s): 09/12/2019, 09/28/2022, 10/03/2022
Reviewed Date(s): 09/12/2019
Attachments:

The purpose of these procedures is to establish consistent guidelines to effectively monitor and manage the prepaid meal account system in the Moorhead Area Public Schools. The Moorhead Area Public Schools recognizes the parent/guardian’s responsibility to provide breakfast and lunch for their children. Proper nutritional intake is essential for learning to occur.

Procedures:
 
1. The Moorhead Area Public Schools offer breakfast and lunch at all sites.
 
2. The meal accounting system in the Moorhead Public Schools is a pre-paid system. All meals and milk are paid for by depositing money into a student’s individual account before meals or milk are served.
 
3. Students at Moorhead High School and Horizon Middle School may pay for ala carte purchases with cash or their pre-paid lunch account provided that adequate funds are available in the account.
 
4. Households may apply for free or reduced-priced meals anytime during the school year. Applications and income guidelines are mailed to all district households in early August. In addition, applications are available in each school office or can be completed online at meals.moorheadschools.org.
 
5. All Elementary Schools, Middle School, High School, and Area Learning Center:

  • An account balance of $5.00 or less is considered a low balance.
  •  If an account balance falls below the necessary amount to pay for a meal, the student’s account will be debited. The Food and Nutrition Services administrative assistant will send an overdue notice via email (or letter via US Mail if no email address is known) to the student’s parent/guardian for any account owing more than $5.00.
    • Elementary (K-4) notifications will be made weekly.
    • Secondary (5-6) notifications will be made bi-monthly
  • All kindergarteners receive free milk at snack break.
  • The milk and snack program is not included in the free or reduced-price meal program. If a student has a negative balance and fills out the free or reduced-price application and qualifies, the cost of milk or snack at milk break or extra milk at lunchtime is still taken out of their account. 
  • A student will be allowed to purchase a la carte items until there is a negative balance of -$25.00. Students will still be provided with a regular school meal if they are unable to purchase an a la carte item.
  • The district may elicit assistance from either district or building staff when the above procedures are unsuccessful.

6. Scholarships and Support

  • Scholarships may be available to families in need. Requests for scholarship funds can be made directly to the Food And Nutrition Services Director.
  • Decisions regarding scholarships are made based on need or free and reduced status.
  • Donations may be made for students through the online payment system.

School Meals Policy
Type: School Board Policy
Section: 500 STUDENTS
Code: 534
Adopted Date: 6/26/2017
Revised Date(s): 12/12/2019, 09/19/2022, 09/26/2022, 09/27/2022, 10/11/2022, 08/29/2023
Reviewed Date(s): 12/12/2019, 10/11/2022, 08/29/2023
Attachments:

I. PURPOSE

The purpose of this policy is to ensure that students receive healthy and nutritious meals through the school district's nutrition program and that school district employees, families, and students have a shared understanding of expectations regarding meal charges.

II. GENERAL STATEMENT 

The policy of the school district is to provide meals to students in a respectful manner and to maintain the dignity of students by prohibiting meal shaming or otherwise ostracizing the student. The policy seeks to allow students to receive the nutrition they need to stay focused during the school day and seeks to minimize identification of students with insufficient funds to pay for a la carte items or second meals as well as to maintain the financial integrity of the food and nutrition services program. 

III. PAYMENT OF MEALS

A. All a la carte items or second meal purchases are to be prepaid before meal service begins. Families may add money to students’ accounts through the use of an electronic payment option or pay at the school office. A student who does not have sufficient funds will not be allowed to charge a la carte items or a second meal until additional money is deposited in the student’s account.

If the school district participates in the United States Department of Agriculture National School Lunch program and has an Identification Student Percentage below the federal percentage determined for all meals to be reimbursed at the free rate via the Community Eligibility Provision must participate in the free meals program.

B. A school that participates in the United States Department of Agriculture National School Lunch program and has an Identified Student Percentage at or above the federal percentage determined for all meals to be reimbursed at the free rate must participate in the federal Community Eligibility Provision in order to participate in the free school meals program. 

C. Each school that participates in the free school meals program must:

  1. participate in the United States Department of Agriculture School Breakfast Program and the United States Department of Agriculture National School Lunch Program; and

  1. provide to all students at no cost up to two federally reimbursable meals per school day, with a maximum of one free breakfast and one free lunch.

D. Once a meal has been placed on a student's tray or otherwise served to a student, the meal may not be subsequently withdrawn from the student by the cashier or other school official, whether or not the student has an outstanding meals balance.

E. When a student has a negative account balance, the student will not be allowed to charge a snack item.
 

F. If a parent or guardian chooses to submit one payment that is to be divided between sibling accounts, the parent or guardian must specify how the funds are to be distributed to the students’ accounts. Funds may not be transferred between sibling accounts unless written permission is received from the parent or guardian. 

IV. LOW OR NEGATIVE ACCOUNT BALANCES – NOTIFICATION 

A. The school district will make reasonable efforts to notify families when meal account balances are low or fall below zero.
 

B. Families will be notified once the balance reaches $5. Families will be notified by one or more of the following methods: an email, automated call/text, or letter mailed or sent home.
 

C. Reminders for payment of outstanding student meal balances will not demean or stigmatize any student participating in the school lunch program, including, but not limited to, dumping meals, withdrawing a meal that has been served, announcing or listing students' names publicly, providing alternative meals not specifically related to dietary needs; providing nonreimbursable meals; or affixing stickers, stamps, or pins. 

V. UNPAID MEAL CHARGES 

A. The school district will make reasonable efforts to communicate with families to resolve the matter of unpaid charges. Where appropriate, families may be encouraged to apply for free or reduced-price meals for their children.
 

B. The school district will make reasonable efforts to collect unpaid meal charges classified as delinquent debt. Unpaid meal charges are designated as delinquent debt when payment is overdue, the debt is considered collectible, and efforts are being made to collect it.
 

C. Unpaid balances of more than $5 will be provided to the Director of Food and Nutrition Services and the Assistant Superintendent of Business and Administrative Services for review monthly.

D. The school district may not enlist the assistance of volunteers to engage in debt collection efforts.

E. The school district will not impose any other restriction prohibited under Minnesota Statutes section 123B.37 due to unpaid student meal balances. The school district will not limit a student's participation in any school activities, graduation ceremonies, field trips, athletics, activity clubs, or other extracurricular activities or access to materials, technology, or other items provided to students due to an unpaid student meal balance.
 
VI. COMMUNICATION OF POLICY 

A. This policy and any pertinent supporting information shall be provided in writing (i.e., mail, email, back-to-school packet, student handbook, etc.) to:
 

1. all households at or before the start of each school year;
 

2. students and families who transfer into the school district, at the time of enrollment; and
 

3. all school district personnel who are responsible for enforcing this policy.
 

B. The school district will post the policy on the school district’s website, in addition to providing the required written notification described above. 

C. If the school district contracts with a third party for its meal services, it will provide the vendor with its school policy. The school district will ensure that any third-party provider with whom the school district enters into either an original or modified contract after July 1, 2021, adheres to the school district's school meals policy.

 

Legal References:
Minn. Stat. 123B.37 (Prohibited Fees)
Minn. Stat. 124D.111, Subd. 4 
42 U.S.C. 1751 et seq. (Healthy and Hunger-Free Kids Act)
7 C.F.R. 210 et seq. (School Lunch Program Regulations)
7 C.F.R. 220.8 (School Breakfast Program Regulations)
USDA Policy Memorandum SP 46-2016, Unpaid Meal Charges: Local Meal Charge Policies (2016)
USDA Policy Memorandum SP 47-2016, Unpaid Meal Charges: Clarification on Collection of Delinquent Meal Payments (2016)
USDA Policy Memorandum SP 23-2017, Unpaid Meal Charges: Guidance and Q&A
Minn.Op. Atty. Gen. 169j (May 14, 2019) (Letter to Ricker)

Cross Reference:
MSBA/MASA Model Policy 534 (School Meals Policy)

School Superintendent
Type: School Board Policy
Section: 300 ADMINISTRATION
Code: 302
Adopted Date: 8/27/2001
Revised Date(s): 10/10/2005, 10/12/2009, 11/12/2013, 05/08/2017, 09/19/2022, 10/11/2022
Reviewed Date(s): 10/10/2005, 10/12/2009, 11/12/2013, 05/08/2017, 10/15/2019, 10/11/2022
Attachments:

I. PURPOSE

The purpose of this policy is to recognize the importance of the role of the Superintendent and the overall responsibility of that position within the school district specifically and the community at large.

II. GENERAL STATEMENT

A. The School Board of the Moorhead Area Public Schools shall employ a Superintendent who shall serve as an ex-officio nonvoting member of the School Board and as chief executive officer of the school district.

III. GENERAL RESPONSIBILITIES

A. The Superintendent is responsible for the management of school district facilities and programs, the administration of all school district policies, and is directly accountable to the School Board.

B. The Superintendent shall annually evaluate each building administrator assigned responsibility for supervising a school building in the district.

C. The Superintendent may delegate responsibilities to other school district personnel but shall continue to be accountable for actions taken under such delegation.

D. Where responsibilities are not specifically prescribed, nor School Board policy applicable, the Superintendent shall use personal and professional judgment subject to review by the School Board.
 
 
Legal Reference:
Minn. 

Sta

t. 123B.143 (Superintendent)

 
Cross References:
Moorhead School Board Policy 202: School Board Officers
Moorhead School Board Policy 216: Out-of-State Travel by School Board Members 
Moorhead School Board Policy 221: School Board Policy Development, Adoption, Implementation, and Review 
Moorhead School Board Policy 301: School District Administration
Moorhead School Board Policy 311: Superintendent Contract, Duties and Evaluation
Moorhead School Board Policy 540: Student Activities
Moorhead School Board Policy 544: Activities Fundraising
Moorhead School Board Policy 630: Organization of School Calendar and School Day 
Moorhead School Board Policy 641: Student Promotion, Retention, Acceleration and Program Design
Moorhead School Board Policy 810: Establishment, Adoption and Modification of the School District's Financial Annual Operating Plan 
Moorhead School Board Policy 824: Reimbursement for Travel, Professional Meetings and Conferences
Moorhead School Board Policy 833: Disposition of Obsolete Equipment and Material
Moorhead School Board Policy 905: Visitors to Moorhead Area Public School District Buildings and Sites
Moorhead School Board Policy 907: Rewards
MSBA/MASA Model Policy 302: Superintendent
MSBA Service Manual, Chapter 3, Superintendent of Schools
Search of Student Lockers, Desks, Personal Possessions, and Student's Person
Type: School Board Policy
Section: 500 STUDENTS
Code: 502
Adopted Date: 4/22/1996
Revised Date(s): 02/09/2009, 06/10/2013, 06/13/2016, 02/17/2021, 02/13/2024
Reviewed Date(s): 07/09/2001, 04/11/2005, 02/09/2009, 06/10/2013, 06/13/2016, 10/08/2018, 01/20/2021, 02/17/2021, 02/13/2024
Attachments:

I.  PURPOSE

The purpose of this policy is to provide for a safe and healthful educational environment by enforcing the Moorhead Area Public Schools' policies against contraband.

II.  GENERAL STATEMENT

A. Lockers and Personal Possessions Within a Locker

Pursuant to Minnesota statutes, school lockers are the property of the school district. At no time does the school district relinquish its exclusive control of lockers provided for the convenience of students. Inspection of the interior of lockers may be conducted by school officials for any reason at any time, without notice, without student consent, and without a search warrant. The personal possessions of students within a school locker may be searched only when school officials have a reasonable suspicion that the search will uncover evidence of a violation of law or school rules. As soon as practicable after the search of a student's personal possessions, the school officials must provide notice of the search to students whose lockers were searched unless disclosure would impede an ongoing investigation by police or school officials.

B. Desks

School desks are the property of the school district.  At no time does the school district relinquish its exclusive control of desks provided for the convenience of students.  Inspection of the interior of desks may be conducted by school officials for any reason at any time, without notice, without student consent, and without a search warrant.

C.  Personal Possessions and Student's Person

The personal possessions of students and/or a student's person may be searched when school officials have a reasonable suspicion that the search will uncover a violation of law or school rules.  The search will be reasonable in its scope and intrusiveness.

D.  A violation of this policy occurs when students use lockers and desks for unauthorized purposes. A violation occurs when students carry contraband on their person or in their personal possessions.

III.  DEFINITIONS

A.  "Contraband" means any unauthorized item, possession of which is prohibited by school district policy and/or law. It includes but is not limited to weapons and "look-a-likes," alcoholic beverages, controlled substances and "look-a-likes," overdue books, and other materials belonging to the school district, and stolen property.

B.  "Personal possessions" includes but is not limited to purses, backpacks, book bags, packages, and clothing.

C.  "Reasonable suspicion" means that a school official has grounds to believe that the search will result in evidence of a violation of school district policy, rules, and/or law. Reasonable suspicion may be based on a school official's personal observation, a report from a student, parent or staff member, a student's suspicious behavior, a student's age and past history or record of conduct both in and out of the school context, or other reliable sources of information.

D.  "Reasonable scope" means that the scope and/or intrusiveness of the search is reasonably related to the objectives of the search. Factors to consider in determining what is reasonable include the seriousness of the suspected infraction, the reliability of the information, the necessity of acting without delay, the existence of exigent circumstances necessitating an immediate search and further investigation (e.g. to prevent violence, serious and immediate risk of harm or destruction of evidence), and the age of the student.

IV.  PROCEDURES

A.  An administrator or designee may inspect the interiors of lockers and desks for any reason at any time, without notice, without student consent, and without a search warrant.

B.  An administrator or designee may, in their discretion, employ the use of trained dogs for the purpose of conducting a general sniff search of student lockers and desks. If a dog alerts to a locker or desk, school officials will determine, based on the information available to them from the dog's trainer, whether the dog's alert gives rise to reasonable suspicion that contraband will be found. If it is determined that reasonable suspicion exists, an internal search of the locker or desk and its contents will be conducted. The search will be reasonable in its scope and intrusiveness.

C.  An administrator or designee may inspect the personal possessions of a student and/or a student's person based on a reasonable suspicion that the search will uncover a violation of law or school rules. A search of personal possessions of a student and/or a student's person will be reasonable in its scope and intrusiveness.

D.  As soon as practicable after a search of personal possessions within a locker pursuant to this policy, the school officials must provide notice of the search to students whose possessions were searched unless disclosure would impede an ongoing investigation by police or school officials.

E.  A search of a person shall be conducted in privacy by an administrator or designee of the same sex. A second administrator or designee of the same sex shall be present as an observer during the search.

F. An administrator or designee conducting any other search may determine when it is appropriate to have a second official present as an observer.

G.  A copy of this policy will be printed in the student handbook or disseminated in any other way which school officials deem appropriate.

V.  DIRECTIVES AND GUIDELINES

School administration may establish reasonable directives and guidelines which address specific needs of the school district, such as use of tape in lockers, standards of cleanliness and care, posting of pin-ups and posters which may constitute sexual harassment, or cause educational disruption, etc.

VI.  SEIZURE OF CONTRABAND

If a search yields contraband, school offices will seize the item and, where appropriate, turn it over to legal authorities for ultimate disposition.

VIII.  VIOLATIONS

A student found to have violated this policy and/or the directives and guidelines implementing it shall be subject to discipline in accordance with Moorhead School Board Policy 506: Student Discipline Policy, which may include restitution (to include the cost of damaged school property), suspension, exclusion or expulsion, and the student may, when appropriate, be referred to legal authorities.

Legal References:
U. S. Const., amend. IV
Minn. Const., art. I, 10
New Jersey v. T.L.O., 469 U.S. 325, 105 S.Ct. 733, 83 L.Ed.2d 720 (1985)
Minn. Stat. 121A.72 (School Locker Policy) 
G.C. v. Owensboro Public Schools, 711 F.3d 623 (6th Cir. 2013) 
 
Cross References:
Moorhead School Board Policy 414: Mandated Reporting of Child Neglect or Physical/Sexual Abuse
Moorhead School Board Policy 506: Student Discipline
Moorhead School Board Policy 418: Drug-Free Workplace/Drug-Free School
Moorhead School Board Policy 527: Student Use and Parking of Motor Vehicles; Patrols, Inspections and Searches
Moorhead School Board Policy 417: Chemical Use and Abuse
Moorhead School Board Policy 501: Moorhead Area Public School District Weapons Policy
MSBA/MASA Model Policy 502 (Search of Student Lockers, Desks, Personal Possessions, and Student's Person)
Security Procedures
Type: Administrative Procedure
Section: 600 EDUCATION PROGRAMS
Code: 614.1
Adopted Date: 6/13/2011
Revised Date(s): 12/12/2016, 05/29/2018, 05/18/2021
Reviewed Date(s): 02/23/2015, 12/12/2016, 05/29/2018
Attachments:

 

INTERNAL TEST SECURITY PROCEDURES FOR ALL STATEWIDE ASSESSMENTS
 
See Appendix B of the "Procedures Manual for the Minnesota Assessment" document located on the Minnesota Department of Education's website at: ?http://minnesota.pearsonaccessnext.com/resources/resources-training/manuals/2017-18_Procedures_Manual.pdffor state required security procedures.
Selection of Textbooks, Instructional Materials, and Library Materials
Type: School Board Policy
Section: 600 EDUCATION PROGRAMS
Code: 606
Adopted Date: 12/13/1988
Revised Date(s): 06/12/2006, 06/14/2010, 02/23/2015, 05/29/2018, 07/13/2021, 12/12/2023
Reviewed Date(s): 12/13/1988, 04/27/1993, 04/27/1998, 06/10/2002, 06/12/2006, 06/14/2010, 02/23/2015, 05/29/2018, 06/15/2021, 12/12/2023
Attachments:

I. PURPOSE

The purpose of this policy is to provide direction for selection of textbooks, instructional materials and library materials.

II. GENERAL STATEMENT

A. The Moorhead School Board recognizes that selection of textbooks and instructional materials is a vital component of the school district's curriculum. The School Board also recognizes that it has the authority to make final decisions on selection of all textbooks and instructional materials.

B. The school board recognizes that library materials serve as a vital component of a student’s education by enriching the breadth of the curriculum as a whole and meeting the needs and interests of individual students.  The purpose of library materials is to meet the needs of all students. Therefore, questions regarding selection and reconsideration of library materials should be handled differently than those concerning textbooks and instructional materials.

To ensure that library materials fulfill this role, the school board delegates to the superintendent or the superintendent’s designee responsibility for administering a process for selection of library materials. Responsibility for selection shall rest with professionally trained school district staff, with recognition that the school board has the final authority on selection of library materials. Parents and guardians have the right and the responsibility to determine their children’s access to library materials.

III. RESPONSIBILITY FOR SELECTION

A. While the Moorhead School Board retains its authority to make final decisions on the selection of textbooks and instructional materials, the School Board recognizes the expertise of the professional staff and the vital need of such staff to be primarily involved in the recommendation of textbooks and instructional materials. Accordingly, the School Board delegates to the Superintendent or designee the responsibility to direct the professional staff in formulating recommendations to the School Board on textbooks and other instructional materials.

B. In reviewing textbooks and instructional materials during the selection process, the professional staff shall select materials which:

  1. support the goals and objectives of the education programs;
  2. consider the needs, age and maturity of students.
  3. foster respect and appreciation for cultural diversity and varied opinion/interpretations;
  4. fit within the constraints of the school district budget;
  5. are in English language. Another language may be used, pursuant to Minnesota Statutes section 124D.61
  6. permit grade-level instruction for students to read and study the United States of America's founding documents, including documents that contributed to the foundation or maintenance of the United States of America's representative form of limited government, the Bill of Rights, or free-market economic system, and patriotism; and
  7. do not censor or restrain instruction in American or Minnesota state history or heritage based on religious references in original source documents, writings, speeches, proclamation, or records.

C. The Superintendent or designee has developed procedures and guidelines to establish an orderly process for the review and recommendation of textbooks and other instructional materials by the professional staff. Such procedures and guidelines shall provide opportunity for input and consideration of the views of students, parents/guardians and other interested members of the school district community. This procedure shall be coordinated with the school district's curriculum development effort and may utilize advisory committees (Administrative Procedures 606.1: District Wide K-12 Curriculum Review Model and 606.5: Curriculum/Program Change Request).

IV. SELECTION OF TEXTBOOKS AND OTHER INSTRUCTIONAL MATERIALS

A. The Superintendent or designee shall be responsible for keeping the School Board informed of progress on the part of staff and others involved in the textbook and other instructional materials review and selection process.

B. The Superintendent or designee shall present a recommendation to the School Board on the selection of textbooks and other instructional materials after completion of the review process as outlined in this policy (Administrative Procedure 606.1: District Wide K-12 Curriculum Review Model and 606.5: Curriculum/Program Change Request).

V. RECONSIDERATION OF TEXTBOOKS OR OTHER INSTRUCTIONAL MATERIALS

A. The School Board recognizes differences of opinion on the part of some members of the school district community relating to certain areas of the instruction program. Interested persons may request an opportunity to review materials and submit a request for reconsideration of the use of certain textbooks or instructional materials.

B. The Superintendent shall be responsible for the guidelines and procedures to identify the steps to be followed to seek reconsideration of textbooks or other instructional materials. (Administrative Procedure 606.4: Procedures for Reevaluation of Instructional Resources)

C. The Superintendent shall present a procedure to the School Board for review and approval regarding reconsideration of textbooks or other instructional materials. When approved by the School Board, such a procedure shall be an addendum to this policy.

VI. DEFINITIONS

A. “Library” is the school district resource that holds the library collection that serves the information and independent reading needs of students and supports the curriculum needs of teachers and staff. The term “library” includes a school library media center. The term also includes access to electronic materials.

For school districts with multiple school buildings, the term “library” refers to the resource within a specific school building.

Minnesota Statutes, section 124D.901, states that a school district or charter school library or school library media center provides equitable and free access to students, teachers, and administrators and that a school library or school library media center must have the following characteristics:

  1. ensures every student has equitable access to resources and is able to locate, access, and use resources that are organized and cataloged;
  2. has a collection development plan that includes but is not limited to materials selection and deselection, a challenged materials procedure, and an intellectual and academic freedom statement;
  3. is housed in a central location that provides an environment for expanded learning and supports a variety of student interests;
  4. has technology and Internet access; and
  5. is served by a licensed school library media specialist or licensed school librarian.

B. “Library collection” consists of the library materials made available to students.

C. “Library materials” are the books, periodicals, newspapers, manuscripts, films, prints, documents, videotapes, subscription content, electronic and digital materials (including e-books, audiobooks, and databases), and related items made available to students in a school building or through access to electronic materials This term does not include materials made available to students as part of the curriculum.

D. “Library media specialist” is a teacher holding a Library Media Specialist teaching license issued by the Professional Educator Licensing and Standards Boards and who is trained to deliver library services to students and staff in a library. A library media specialist is authorized under Minnesota Rules to provide to students in kindergarten through grade 12 instruction that is designed to provide information and technology literacy skills instruction, to lead, collaborate, and consult with other classroom teachers for the purpose of integrating information and technology literacy skills with content teaching, and to administer media center operations, programming, and resources.

VII. RESPONSIBILITY FOR SELECTION OF LIBRARY MATERIALS

A. The school board recognizes the expertise of the school district’s professional staff and the vital need of such staff to be responsible for selection of library materials.

B. While recommendations by administrators, faculty members, students, parents, and other community members may be considered, the final responsibility for selection of library materials shall rest with the library media specialist.

 

VIII. SELECTION OF LIBRARY MATERIALS

 

A. Selection Criteria: The library materials selection process should result in a library collection that, when considered as a whole, is consistent with the following criteria:

    1. Artistic quality and/or literary style;
    2. Authenticity;
    3. Critical thinking;
    4. Educational significance;
    5. Factual content;
    6. High interest for intended audience; and
    7. Readability;

The selection of library materials shall conform tot he constraints of the school district budget.

B. The library media specialist shall consult sources and specialists experienced in library materials collections appropriate for the building’s students and that are reputable, experienced, unbiased, and professionally trained in school library materials.

C. The Superintendent or the superintendent’s designee shall be responsible for keeping the school board informed of progress on review and selection of each building’s library materials.

D. Library materials that are outdated, inaccurate, no longer useful for curricular support or reading enrichment, or have not been utilized for an extended period of time may be removed. Library materials that are in poor physical condition may be removed or replaced as determined by the library media specialist.

E. Gifts and Donations of Library Materials

Materials offered for donation or gifted to a school library may be accepted if they comply with the library collection selection criteria and approved by the library media specialist. The school district’s libraries welcome donations of books and other resource materials from individuals and organizations but also reserve the right to decline to accept library materials that do not meet the criteria for selection.  In addition, financial donations to benefit school district’s libraries will be accepted with the understanding that funds will be used to purchase materials that are needed for libraries based on the needs of the individual schools.

IX. INDIVIDUAL STUDENT ACCESS TO SPECIFIC LIBRARY MATERIALS

A parent or guardian may request that access to specific material in the library materials collection be restricted from their student. The school shall take reasonable steps to fulfill this request. This type of request will not result in removal of specific library collection material from the library or restrictions upon any other student accessing specific library materials.

X. RECONSIDERATION OF SPECIFIC LIBRARY MATERIAL

A. The school board seeks to uphold students’ access to library materials that meet the educational goals and selection criteria set forth in this policy.

B. A school district employee, student, or a parent or guardian of a school district student may request reconsideration of specific library material on the basis of appropriateness. Access to the material in question shall not be restricted until the procedures listed below have been fully completed and a decision to remove or restrict the materials has been made.

C. Informal Request for Reconsideration of Specific Library Material

  1. Requests for reconsideration of specific library material shall be directed to the library media specialist and the building principal.  The building principal and the library media specialist shall assume responsibility for processing the request on an informal basis.
  2. The building principal and/or the library media specialist shall provide an explanation to the individual who submitted the request. The explanation shall include the particular selection criteria that the material in question met in order to be included in the library as curriculum support or as an independent reading choice for students in the building.
  3. If the request is not resolved informally, the principal shall submit a report on the matter to the superintendent or the superintendent’s designee.  The requestor will have an option to initiate a Formal Request for Reconsideration.

D. Formal Request for Reconsideration of Specific Library Collection Material

  1. A Formal Request for Reconsideration of specific library material is initiated upon submission of a completed Formal Request for Reconsideration of Specific Library Collection Material form.   The form must be completed in its entirety for each work that is subject to a request for reconsideration. The principal shall notify the superintendent or the superintendent’s designee and the library media specialist of receipt of a completed Formal Request form. 
  2. If specific library material is the subject of a Formal Request for Reconsideration and a final decision is made to retain the specific library material, then the specific library material shall not be subject to additional requests for reconsideration for three years following the date of final resolution of the initial Formal Request for Reconsideration.

On an annual basis, the Superintendent or the superintendent’s designee shall appoint a Library Materials Review Committee (Review Committee). This committee shall include:

    1. One member of the school district administration
    2. One principal
    3. Two teachers
    4. District Media Specialist
    5. Two members of the school district community with no direct connection with the request for reconsideration
    6. Two student representatives (as appropriate to the specific request)

The Review Committee shall establish a date upon which it will discuss the request and whether the specific library collection material conforms to the selection criteria set forth in this policy.

    1. The Review Committee:
      1. may consult individuals, organizations, and other resources with relevant professional knowledge on school library material;
      2. shall examine the specific library material as a whole;
      3. shall examine the specific library material as to its conformance with the criteria for selection of library materials; and
      4. shall submit a written report to the superintendent or the superintendent’s designee containing the Review Committee’s decision on whether to retain, to remove, or to take other action regarding the specific library material.

The Superintendent or the Superintendent’s designee shall inform the requestor and the school board of the Review Committee’s decision.  The requestor may appeal the Review Committee’s decision to the Superintendent or the Superintendent’s designee by submitting a written appeal to the Superintendent or the Superintendent’s designee within fourteen (14) days of submission of the Review Committee’s decision to the requestor. The Superintendent or the Superintendent’s designee shall provide a written decision on a requestor’s appeal within a reasonable time period.

The requestor shall have the right to appeal the decision of the Superintendent or the Superintendent's designee to the School Board.

Legal References:
Minn. Stat. 120A.22, Subd. 9 (Compulsory Instruction)
Minn. Stat. 120B.235 (American Heritage Education)
Minn. Stat. 123B.02, Subd. 2 (General Powers of Independent School Districts)
Minn. Stat. 123B.09, Subd. 8 (School Board Responsibilities)
Minn. Stat. 127A.10 (State Officials and School Board Members to be Disinterested; Penalty)
Hazelwood Sch. Dist. v. Kuhlmeier, 484 U.S. 260, 108 S.Ct. 562, 98 L.Ed.2d 592 (1988)
Pratt v. Independent Sch. Dist. No. 831, 670 F.2d 771 (8th Cir. 1982)
Minn. Stat. 124D.59-124D.61 (Education for English Learners Act)
Minn. Stat. 120A.22, Subd. 9 (Compulsory Instruction)
Minn. Stat. 123B.02 (General Powers of Independent School Districts)
Minn. Stat. 123B.09 (School Board Responsibilities)
Minn. Stat. 124D.901 (Public School Libraries and Media Centers)
Minn. Rules Part 8710.4550 (Library Media Specialists)
Bd. of Educ., Island Trees Union Free Sch. Dist. No. 26 v. Pico, 457 U.S. 853 (1982)
Virginia State Bd. of Educ. v. Barnette, 319 U.S. 624, 642 (1943)
 
Cross References:
Moorhead School Board Policy 201: School Board Legal Status
Moorhead School Board Policy 730: School District Copyright Policy
Moorhead School Board Policy 514: Moorhead Area Public Schools Electronic Network Acceptable Use and Safety
MSBA/MASA Model Policy 603 (Curriculum Development) 
MSBA/MASA Model Policy 604 (Instructional Curriculum) 
MSBA/MASA Model Policy 524 (Internet Acceptable Use and Safety Policy) 
MSBA/MASA Model Policy 606: Textbooks and Instructional Materials
Service Animals
Type: School Board Policy
Section: 500 STUDENTS
Code: 535
Adopted Date: 4/11/2016
Revised Date(s): 02/11/2019, 02/16/2022, 05/10/2022, 02/13/2024
Reviewed Date(s): 02/11/2019, 01/17/2022, 01/18/2022, 02/13/2024
Attachments:
I. PURPOSE
 
The purpose of the policy is to establish parameters for the use of service animals by students, employees, and visitors within school buildings and school grounds.
 
II. GENERAL STATEMENT
 
Individuals with disabilities shall be permitted to bring their service animals into school buildings or on the school grounds in accordance with, and subject to, this policy.
 
III. DEFINITIONS
 
A. Handler
 
A “handler” is an individual with a disability who uses a service animal. In the case of an individual who is unable to care for and supervise the service animal for reasons such as age or disability, "handler" means the person who cares for and supervises the animal on that individual's behalf. School district personnel are not responsible for the care, supervision, or handling responsibilities of a service animal.
 
B. Service Animal
 
A “service animal” is a dog (regardless of breed or size) or miniature horse that is individually trained to perform “work or tasks” for the benefit of an individual with a disability, including an individual with a physical, sensory, psychiatric, intellectual, or mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals. Service animals are working animals that perform valuable functions; they are not pets. The “work or tasks” performed by a service animal must be directly related to the individual’s disability. An animal accompanying an individual for the sole purpose of providing emotional support, therapy, comfort, or companionship is not a service animal.
 
C. Work or Tasks
 
1. "work or tasks" are those functions performed by a service animal.
 
2. Examples of “work or tasks” include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non- violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors.
 
3. The crime deterrent effects of an animal’s presence and the provision of emotional support, well-being, comfort, or companionship are not “work or tasks” for the purposes of this policy.
 
C. Trainer
 
A “trainer” is a person who is training a service animal and is affiliated with a recognized training program for service animals.
 
IV. ACCESS TO PROGRAMS AND ACTIVITIES; PERMITTED INQUIRIES
 
A. In general, handlers (i.e., individuals with disabilities or trainers) are permitted to be accompanied by their service animals in all areas of school district properties where members of the public, students, and employees are allowed to go. A handler has the right to be accompanied by a service animal whenever and to the same extent that the handler has the right: (a) to be present on school district property or in school district facilities; (b) to attend or participate in a school-sponsored event, activity, or program; or (c) to be transported in a vehicle that is operated by or on behalf of the school district.
 
B.  When an individual with a disability brings a service animal to a school district property, school district employees shall not ask about the nature or extent of a person’s disability, but may make the following two inquiries to determine whether the animal qualifies as a service animal:
 
1. Is the service animal required because of a disability; and
 
2. What work or tasks is the service animal trained to perform.
 
C. School district employees shall not make these inquiries of an individual with a disability bringing a service animal to school district property when it is readily apparent that an animal is trained to do work or perform tasks for an individual with a disability. However, school district employees may inquire whether the individual with a disability has completed and submitted the request form described in Part VI., below.

 D. An individual with a disability may not be required to provide documentation such as proof that the animal has been certified, trained, or licensed as a service animal.

V. REQUIREMENTS FOR ALL SERVICE ANIMALS

A. The service animal must be required for the individual with a disability. 

B. The service animal must be individually trained to do work or tasks for the benefit of the individual with a disability. 

C. A service animal must have a harness, leash, or other tether, unless either the handler is unable, because of a disability, to use a harness, leash, or other tether, or the use of a harness, leash, or other tether would interfere with the service animal’s safe, effective performance of work or tasks, in which case, the service animal must be otherwise under the handler’s control (e.g., voice control, signals, or other effective means). 

D. The service animal must be housebroken. 

E. The service animal must be under the control of its handler at all times. The handler is responsible for the care and supervision of a service animal, including walking the service animal, feeding the service animal, grooming the service animal, providing veterinary care to the service animal, and responding to the service animal’s need to relieve itself, including the proper disposal of the service animal’s waste. 

F. The school district is not responsible for providing a staff member to walk the service animal or to provide any other care or assistance to the animal. 

G. In the case of a student who is unable to care for and/or supervise his or her service animal, the student’s parent/guardian is responsible for arranging for such care and supervision. In the case of an employee or other individual who is unable to care for and/or supervise his or her service animal, the employee or other individual’s authorized representative is responsible for arranging for a service animal’s care and supervision. 

H. The service animal must be properly licensed and vaccinated in accordance with applicable state laws and local ordinances.

VI. REQUESTING THE USE OF A SERVICE ANIMAL AT SCHOOL 

A. Students with a disability seeking to be accompanied by a service animal are requested to submit the Approval Request Form (Administrative Procedure 535.1 form) to the building principal of the school the student attends. The principal will notify the superintendent or the administrator designated with responsibility to address such requests. School district employees seeking to be accompanied by a service animal are requested to submit the Approval Request Form (Administrative Procedure 535.1 form) to the Superintendent or the administrator designated with responsibility to address such requests. 

B. Students or employees seeking to bring a service animal onto district premises are requested to identify whether the need for the service animal is required because of a disability and to describe the work or tasks that the service animal is trained to perform.

C. The owner of the service animal shall provide written evidence that the service animal has received all vaccinations required by state law or local ordinance.

VII. REMOVAL OR EXCLUSION OF A SERVICE ANIMAL 

A. A school official may require a handler to remove a service animal from school district property, a school building, or a school-sponsored program or activity, if: 

1. Any of the requirements described in Part V., above, are not met. 

2. The service animal is out of control and/or the handler does not effectively control the animal’s behavior; 

3. The presence of the service animal would fundamentally alter the nature of a service, program or activity; or 

4. The service animal behaves in a way that poses a direct threat to the health or safety of others, has a history of such behavior, or otherwise poses a significant health or safety risk to others that cannot be eliminated by reasonable accommodations. 

B. If the service animal is properly excluded, the school district shall give the individual with a disability the opportunity to participate in the service, program, or activity without the service animal, unless such individual has violated a law or school rule or regulation that would warrant the removal of the individual.

VIII. ADDITIONAL LIMITATIONS FOR MINIATURE HORSES

In assessing whether a miniature horse may be permitted in a school building or on school grounds as a service animal, the following factors shall be considered:

A. The type, size, and weight of the miniature horse and whether the facility can accommodate these features; 

B. Whether the handler has sufficient control of the miniature horse; 

C. Whether the miniature horse is housebroken; and 

D. Whether the miniature horse’s presence in a specific building or on school grounds compromises legitimate health and safety requirements.

IX. ALLERGIES; FEAR OF ANIMALS 

If a student or employee notifies the school district that he or she is allergic to a service animal, the school district will balance the rights of the individuals involved. In general, allergies that are not life-threatening are not a valid reason for prohibiting the presence of a service animal. Fear of animals is generally not a valid reason for prohibiting the presence of a service animal. 

X. NON-SERVICE ANIMALS FOR STUDENTS WITH INDIVIDUALIZED EDUCATION PROGRAMS (IEPS) OR SECTION 504 PLANS 

If a special education student or a student with a Section 504 plan seeks to bring an animal onto school property that is not a service animal, the request shall be referred to the student’s IEP team or Section 504 team, as appropriate, to determine whether the animal is necessary for the student to receive a free appropriate public education (FAPE) or, in the case of a Section 504 student, to reasonably accommodate the student’s access to the school district’s programs and activities. 

XI. NON-SERVICE ANIMAL AS AN ACCOMMODATION FOR EMPLOYEES 

If an employee seeks to bring an animal onto school property that is not a service animal, the request shall be referred to the superintendent or the administrator designated to handle such requests. A school district employee who is a qualified individual with a disability will be allowed to bring such animal onto school property when it is determined that such use is required to enable the employee to perform the essential functions of his or her position or to enjoy the benefits of employment in a manner comparable to those similarly situated non-disabled employees. 

XII. LIABILITY 

A. The owner of the service animal or non-service animal is responsible for any harm or injury to an individual and for any property damage caused by the service animal while on school district property. 

B. An individual who, directly or indirectly through statements or conduct, intentionally misrepresents an animal in that person’s possession as a service animal may be subject to criminal liability.

 
Legal References:
Minn. Stat. 363A.19 (Discrimination Against Blind, Deaf, Or Other Persons With Physical Or Sensory Disabilities Prohibited)
Minn. Stat. 256C.02 (Public Accommodations)
Section 504 of the Rehabilitation Act of 1973
28 C.F.R. § 35.104, 28 C.F.R. § 35.130(b)(7), and 28 C.F.R. § 35.136 (ADA Regulations)
20 U.S.C. § 1400 et seq. (Individuals with Disabilities Education Act)
Minn. Stat. § 609.226 (Harm Caused by Dog)
Minn. Stat. § 609.833 (Misrepresentation of Service Animal)

Cross References:
MSBA/MASA Policy 402 (Disability Nondiscrimination Policy)
MSBA/MASA Policy 521 (Student Disability Nondiscrimination)
Moorhead School Board Policy 402 Disability Nondiscrimination
Moorhead School Board Policy 521 Student Disability Nondiscrimination

Severe Weather-Related School Closings
Type: School Board Policy
Section: 700 NON-INSTRUCTIONAL OPERATIONS AND BUSINESS SERVICES
Code: 711
Adopted Date: 12/9/2002
Revised Date(s): 10/09/2006, 04/11/2011, 11/10/2014, 06/25/2018, 07/13/2021, 10/10/2023
Reviewed Date(s): 10/09/2006, 04/11/2011, 11/10/2014, 06/25/2018, 06/15/2021, 10/10/2023
Attachments:

I. PURPOSE

The purpose of this policy is to provide information regarding severe weather-related school closings.

II. GENERAL STATEMENT

A. School Closings

When conditions prevail at the school that a building administrator considers to be of an emergency nature or hazardous to staff and students, they shall notify the Superintendent or designee of the circumstances.
 
Emergency or hazardous conditions are defined as those situations that make it impossible to carry on the normal teaching activities in the school and/or create a situation that could be harmful to the safety of the students and staff. Examples include, but are not restricted to, tornadoes, blizzards, floods, and utility failures related to weather.
 
Building administrators will follow individual building action plans as outlined in the School District Crisis Management policy (806) and Crisis Management Emergency Plan (Weather Emergencies). The Superintendent or designee may determine an alternate plan of action. Once a plan is determined, designated district staff will contact the media, other public and nonpublic schools, and others as necessary.
 
B. Weather Emergencies
 
School district officials will work jointly with the U.S. Weather Bureau to monitor conditions during inclement weather or anticipated weather conditions.

The Superintendent (or designee), with consultation from the executive director of operations and emergency management, will determine appropriate actions relating to early dismissal, late start, or the closing of school. 

There may be times when weather conditions are not severe enough to justify the closing of schools but bus schedules and routes may have to be modified or canceled. Local media outlets will be notified once a decision has been made, and an announcement will be posted on the district website.

C. After-School Activities

If schools are closed due to severe weather conditions, all after-school activities, including practices and non-school events, will be canceled, and the building will be completely vacated by all but custodial personnel when possible.


Cross References:
Moorhead School Board Policy 806: School District Crisis Management
MSBA/MASA Policy 806: School District Crisis Management
Smart Snacks in School
Type: Administrative Procedure
Section: 500 STUDENTS
Code: 533.2
Adopted Date: 5/31/2011
Revised Date(s): 04/13/2015, 04/10/2017
Reviewed Date(s): 04/13/2015, 04/10/2017, 02/12/2018, 12/10/2018
Attachments:

Administrative procedure 533.2 is attached.

Social Media Guidelines for Employees
Type: Administrative Procedure
Section: 400 EMPLOYEES/PERSONNEL
Code: 447.1
Adopted Date: 5/14/2012
Revised Date(s):
Reviewed Date(s): 04/10/2017
Attachments:
I. PURPOSE
 
The purpose of this administrative procedure is to set forth guidelines for employee use of publicly available social media networks, including but not limited to personal websites, Web logs (blogs), wikis, social networks, online forums, and virtual worlds.

II. GENERAL STATEMENT
 
These are the guidelines for social media in the Moorhead Area Public Schools. Employees contributing to blogs, wikis, social networks, virtual worlds, or any other kind of social media — both on and off the district network — are expected to understand and follow these guidelines. Failure to do so could put employees at risk.

III. GUIDELINES
 
A. The line between professional and personal relationships is blurred within a social media context. Educational employees have a responsibility to maintain appropriate employee-student relationships, whether on or off duty. Both case law and public expectations hold educational employees to a higher standard of conduct than the general public. Further definition may be found in School Board Policy 448: Electronic Communication Between Employees and Students.

B. Employees should make sure that their online activities do not interfere with their work assignment. District social media technologies are provided for educational use. Use of social media for personal use during district time or on district equipment is prohibited. Social media entries are typically published with a date and time stamp. Social media published times during work day reflect negatively on the publisher and may result in disciplinary action.

C. Employees are responsible for what they write.  Express ideas and opinions in a respectful manner. Do not denigrate or insult others, including other schools or competitors. Our communities reflect a diverse set of customs, values and points of view. Do not use ethnic slurs, personal insults, obscenities, or other offensive language. Be sensitive to privacy and topics that may be considered objectionable or inflammatory.  If uncertain about content, an employee should review these guidelines or consider discussing it with his or her supervisor. Trademark, copyright, and fair use requirements must be respected.

D. Employees are expected to ensure the safety of students. When employees, including coaches and co-curricular advisors, choose to join or engage with these social networking groups, they do so as an employee of the district and have responsibility for monitoring content and reporting inappropriate behavior or activity on these networks. Employees are responsible to protect the safety of minors.  State and Federal mandated reporting laws apply to school district employees participating in the social media context.

E. Employees must be transparent. Employees posting about their work, must use their real names and identify their employment relationship with the district. If employees have a vested interest in something they are discussing, they are responsible for pointing that out. An employee who publishes to a personal site outside the district’s network, should use a disclaimer to state in clear terms that the views expressed are the employee’s alone and that they do not necessarily reflect the views of Moorhead Area Public Schools.

F. Employees must protect confidential information. Students, parents, and colleagues should not be cited or obviously referenced without their approval. Ask permission before posting someone’s picture in a social network or publishing a conversation that was meant to be private. Student photos require parental consent.

 It is acceptable to discuss general details about projects, lessons, or events and to use non-identifying pseudonyms for an individual (e.g., Teacher A) so long as the information provided does not make it easy for someone to identify the individual or violate any privacy laws. Furthermore, public social networking sites are not the place to conduct school business with students or parents.

Employees who are identified as district employees are creating perceptions about their expertise and about the district by community members, parents, students, the public, and colleagues and managers. Employees who chose to join or engage with district students and families in a social media context, must do so in a professional manner, ever mindful that in the minds of students, families, colleagues and the public, you are a district employee. Employees must ensure all content associated with them is consistent with their work and with the district’s beliefs and professional standards.

One of the aims of social media is to create dialogue, and people will not always agree on an issue. When confronted with a difference of opinion, employees should remain calm. Sometimes, it’s best to ignore a comment and not give it credibility by acknowledging it with a response. In the case of an error, be up front about the mistake and correct it quickly. Employees should express their points in a clear, logical way.  An online forum is not a venue to be antagonistic.

Be careful with personal information. Understand the full use of social media sites’ privacy settings. Employees should know how to disable anonymous postings and use moderating tools on their social media site(s). Criminals can piece together information provided on different web sites and use it to impersonate you or someone you know, or even re-set your passwords.


Source: Adapted from Minnetonka School District Employee Guidelines for Social Media.
Special Education Parent Advisory Council
Type: Administrative Procedure
Section: 600 EDUCATION PROGRAMS
Code: 632.2
Adopted Date: 4/14/1997
Revised Date(s): 12/17/2007, 12/14/2015
Reviewed Date(s): 12/17/2007, 05/14/2012, 12/14/2015
Attachments:

I. PURPOSE

The Special Education Parent Advisory Council is established to provide a communications network between parents and the special education department of the Moorhead Area Public Schools.

II. GENERAL STATEMENTS OF PROCEDURE

A. Issues for discussion could be:

* explanation of present policies or practices.
* suggestions of possible changes or additions to current policies or practices.
* concerns regarding the special education programs and related services in the school district.
* input into short/long range planning for the school districts' special education programs.
* methods of improving communications between parents and school district staff regarding special education issues.
* other miscellaneous items.

B. Decision Making Authority

The council will provide input and/or feedback on issues impacting special education.  The council is advisory.

C. Selection of Participants

One parent of students receiving special education services from each of the following sites will be recruited to serve on the council:  Early Intervention Services, Elementary, Middle and High Schools, and three parents at-large.

Effort will be made to have each of the disability categorical areas represented. The categorical areas are: Vision Impaired/Blind; Deaf/Hard of Hearing; Traumatic Brain Injury; Other Health Impaired; Physical Impaired; Specific Learning Disabled; Emotional/Behavioral Disordered; Autism/Developmental Delay; Developmental Cognitive Disability; and Speech Language.

D. Length of Term

This will be determined by the Special Education Parent Advisory Council.

E. Meeting Date/Time

The council will establish appropriate meeting dates and times at the first meeting of each year.

Special Education Policies and Procedures
Type: School Board Policy
Section: 600 EDUCATION PROGRAMS
Code: 632
Adopted Date: 1/11/1994
Revised Date(s): 11/26/2007, 05/14/2012, 12/14/2015, 05/10/2022
Reviewed Date(s): 01/11/1994, 12/08/1997, 06/09/2003, 11/26/2007, 05/14/2012, 12/14/2015, 02/11/2019, 04/12/2022, 04/13/2022, 05/10/2022
Attachments:

I. PURPOSE

The purpose of this policy is to make clear the requirements of the Moorhead Area Public Schools to adhere to state and federal special education policies and procedures.

II. GENERAL STATEMENT
 
It is the policy of the Moorhead Area Public Schools to comply fully with state and federal special education policies and procedures as outlined in the Total Special Education System (TSES) Policies and Procedures Manual, including future amendments thereof. (Refer to Administrative Procedures 632.1: Special Education Rules and Regulations and 632.2: Special Education Parent Advisory Council.)
 
Legal References:
Minn. Stat. 125A.01 and 125A.02 (Definition)
Minn. Stat. 125A.01 and 125A.02 (Children with a Disability)
20 U.S.C. 1400 et seq. (IDEIA, Individuals with Disabilities Education Improvement Act of 2004)
 
Cross Reference:
Moorhead School Board Policy 602: Special Education Programs
Special Education Programs
Type: School Board Policy
Section: 600 EDUCATION PROGRAMS
Code: 608
Adopted Date: 8/26/2002
Revised Date(s): 06/11/2007, 05/09/2011, 06/08/2015, 02/17/2021, 02/13/2024
Reviewed Date(s): 06/09/2003, 06/11/2007, 05/09/2011, 06/08/2015, 02/12/2018, 01/20/2021, 02/17/2021, 02/13/2024
Attachments:

I. PURPOSE

The purpose of this policy is to set forth the position of Moorhead Area Public Schools on the need to provide special educational services to some students in the school district.

II. GENERAL STATEMENT

Moorhead Area Public Schools recognizes that some students need special education and recognizes the importance of providing a free appropriate public education and delivery system for students in need of special education.

III. RESPONSIBILITIES

A. Moorhead Area Public Schools accepts its responsibility to identify, evaluate and provide special instruction and related services for children with disabilities who are properly the responsibility of Moorhead Area Public Schools and who meet the criteria to qualify for special instruction and related services as set forth in Minnesota and federal law.

B. Moorhead Area Public Schools shall ensure that all qualified children with disabilities are provided the special education and related services which are appropriate to their educational needs.

C. When such services require or result from interagency cooperation, Moorhead Area Public Schools shall participate in such interagency activities in compliance with applicable state and federal laws.

Legal References:
Minn. Stat. 124D.03 (Enrollment Options Program)
Minn. Stat. 125A.02 (Definition of Child with a Disability Defined)
Minn. Stat. 125A.027 (Rulemaking)
Minn. Stat. 125A.03 (Special Instruction for Children with a Disability)
Minn. Stat. 125A.08 (Individualized Education Programs)
Minn. Stat. 125A.15 (Placement in Another District, Responsibility)
Minn. Stat. 125A.29 (Responsibilities of County Boards and School Boards)
20 U.S.C. 1400 et seq. (Individuals with Disabilities Education Act)

Cross References:
Moorhead School Board Policy 502: Student Disability Nondiscrimination
Moorhead School Board Policy 511: Enrollment of Nonresident Students
Moorhead School Board Policy 604: Extended School Year for Students with Individualized Education Programs
MSBA/MASE Model Policy 608 (Instructional Services – Special Education)

 
Special Education Rules and Regulations
Type: Administrative Procedure
Section: 600 EDUCATION PROGRAMS
Code: 632.1
Adopted Date: 1/11/1994
Revised Date(s): 05/23/2006, 05/14/2012
Reviewed Date(s): 11/01/1994, 02/07/1997, 05/23/2006, 11/11/2009, 05/14/2012
Attachments:

School districts within Minnesota are required to follow numerous federal and state regulations regarding the provision of special education services. These rules and regulations are entitled "Total Special Education Systems (TSES)."

Efforts to communicate these rules and regulations to school staff and others are as follows:

1. The Total Special Education System (TSES) will be available on the Moorhead Area Public Schools Extranet in the Learner Support Services section. If a format other than the website is needed, a request will be made to the Director of Learner Support Services.

2. Questions regarding any of the rules and regulations of special education may be answered by referencing the TSES or conferring with a building administrator, a district special education facilitator, a central office administrator and/or the Director of Learner Support Services.

Special Education Transportation
Type: Administrative Procedure
Section: 700 NON-INSTRUCTIONAL OPERATIONS AND BUSINESS SERVICES
Code: 720.1
Adopted Date: 8/1/1989
Revised Date(s): 05/23/2006, 06/23/2010, 12/15/2014
Reviewed Date(s): 01/01/1990, 02/07/1997, 11/19/2002, 05/23/2006, 06/23/2010, 12/15/2014, 06/25/2018
Attachments:

The following are points to consider in establishing guidelines for providing transportation to students with disabilities for whom transportation is required because of the student's disability and/or special education program needs.

The goal of special transportation is to provide availability to special education programs for those students who need transportation as a special education related service. The special education programs may be at a building other than the one to which they would normally be assigned. The need for special education transportation is determined by the student's Individualized Education Program (IEP) team.

The Transportation Department will provide transportation to students using special transportation when an IEP has been approved and transportation is needed because of the student's disability. Administrative Procedure 720.2: Transportation Plan will be completed by the student's special education case manager who will send it to the Transportation Department. Arrangements for special transportation will be made by the Transportation Department.

Administrative Procedure 720.2: Transportation Plan must be completed yearly or wherever there are any changes in the needs pertaining to specialized transportation. 

In addition:

1) Specially adapted seats, support and/or protective devices shall be provided for students with a disability who need such devices to ensure their safe transportation.

2) The school district Transportation Department will be responsible for all equipment which becomes a part of the vehicle. This will include wheelchair restraints, child restraint vests and car seats. The school district or parent may provide a qualified Child Safety Restraint System that meets Minnesota requirements and NHTSA recommendations.

3) The parent will be responsible for equipment which comes with the student (e.g. wheelchairs, travel chairs and crutches).

4) The parent is responsible for securing the student to the wheelchair prior to boarding the bus.

5) The student will be transported in whatever chair/securement device is provided by the parent. However, the device must be appropriate for the safety of the student.

6) Bus personnel will be responsible for securing the wheelchair to the interior of the school bus or securing the child in his/her seat in whatever securement device used by the child.

7) Bus personnel and parents will cooperate in assisting small children onto the bus and into car seats. Non ambulatory students over 40 pounds must enter the bus via hydraulic lift in appropriate travel chair (see items 3, 4 & 5).

8) The bus driver will make one stop at a student's home or designated destination. The parent/guardian is expected to be home to receive the student. If the student cannot be delivered according to the procedure agreed upon on the Transportation Plan, the bus driver will take the student back to school. The parent will be responsible for any costs associated with the alternate facility.

9) Other factors may be considered by the child study team and noted on the Individualized Education Program (IEP) and district Transportation Plan.

Staff Development and Mentoring
Type: School Board Policy
Section: 400 EMPLOYEES/PERSONNEL
Code: 425
Adopted Date: 11/11/2002
Revised Date(s): 06/11/2007, 02/08/2016, 06/27/2019, 03/16/2020, 10/13/2021, 08/29/2023
Reviewed Date(s): 06/11/2007, 12/08/2008, 02/08/2016, 10/13/2021, 08/29/2023
Attachments:

I. PURPOSE

The purpose of this policy is to establish a staff development program and structure to carry out planning and reporting on staff development that supports improved student learning.

II. ADVISORY STAFF DEVELOPMENT COMMITTEE AND SITE PROFESSIONAL DEVELOPMENT TEAM

A. The Moorhead School Board will establish a staff development district committee to develop a district staff development plan, assist site teams in developing a site plan consistent with the goals of the staff development plan, and evaluate staff development efforts at the site level.

1. The majority of the membership of the staff development district committee shall consist of teachers representing various grade levels, subject areas, and special education. The committee also will include non-teaching staff, parents/guardians, and administrators.

2. Members of the Advisory Staff Development Committee shall be appointed by the assistant superintendent of teaching and learning. Committee members shall serve a two-year term based upon nominations by the assistant superintendent of teaching and learning, teachers, and paraprofessionals. The assistant superintendent of teaching and learning shall appoint replacement members of the Advisory Staff Development Committee as soon as possible following the resignation, death, serious illness, or removal of a member from the Committee.

 B. The School Board will establish Professional Development teams at each building.

1. Members of the Site Professional Development Teams will be appointed by the assistant superintendent of teaching and learning. Team members shall serve a two-year term* based upon nominations by board members, teachers, and paraprofessionals. The assistant superintendent of teaching and learning shall appoint replacement members of the Site Professional Development Teams as soon as possible following the resignation, death, serious illness, or removal of a member from the Team.

2. The majority of the site staff development committee shall be teachers representing various grade levels, subject areas and special education.

III. DUTIES OF THE ADVISORY STAFF DEVELOPMENT COMMITTEE

A. The staff development district committee will develop a staff development plan that will be reviewed annually by the School Board.

B. The staff development plan must contain the following elements:

1. Staff development outcomes that are consistent with the education outcomes as may be determined periodically by the School Board;

2. The means to achieve the staff development outcomes;

3. The procedures for evaluating progress at each school site toward meeting educational outcomes consistent with relicensure requirements under Minnesota Statutes 122A.18, subdivision 4;

4. Ongoing staff development activities that contribute toward continuous improvement in achievement of the following goals:

a. Improve student achievement of state and local education standards in all areas of the curriculum, including areas of regular academic and applied and experiential learning, by using research-based best practices;

b. Effectively meet the needs of a diverse student population, including at-risk children, children with disabilities, English learners, and gifted children, within the regular classroom, applied and experiential learning settings, and other settings;

c. Provide an inclusive curriculum for a racially, ethnically, linguistically, and culturally diverse student population that is consistent with state education diversity rule and the district's education diversity plan;

d. Improve staff collaboration and develop mentoring and peer-coaching programs for teachers new to the school or district;

e. Effectively teach and model violence prevention policy and curriculum that address early intervention alternatives, issues of harassment, and teach nonviolent alternatives for conflict resolution;

f. Effectively deliver digital and blended learning and curriculum and engage students with technology; and

g. Provide teachers and other members of site-based management teams with appropriate management and financial management skills.

5. Staff Development Plan must:

a. Support stable and productive professional communities achieved through ongoing and schoolwide progress and growth in teaching practice;

b. Emphasize coaching, professional learning communities, classroom action research, and other job-embedded models;

c. Maintain a strong subject matter focus premised on students’ learning goals consistent with Minnesota Statutes section 120B.125;

d. Ensure specialized preparation and learning about issues related to teaching English learners and students with special needs by focusing on long-term systemic efforts to improve educational services and opportunities and raise student achievement; and

e. Reinforce national and state standards of effective teaching practice.

6. Staff develop activities must:

a. Focus on the school classroom and research-based strategies that improve student learning;

b. Provide opportunities for teachers to practice and improve their instructional skills over time;

c. Provide opportunities for teachers to use student data as part of their daily work to increase student achievement;

d. Enhance teacher content knowledge and instructional skills, including accommodating the delivery of digital and blended learning and curriculum and engaging students with technology;

e. Align with state and local academic standards;

f. Provide opportunities to build professional relationships, foster collaboration among building administrators and staff who provide instruction, and provide opportunities for teacher-to-teacher mentoring;

g. Align with the plan, if any, of the district or site for an alternative teacher professional pay system.

h. Provide teachers of English learners, including English as a second language, and content teachers with differentiated instructional strategies critical for ensuring students long-term academic success, the means to effectively use assessment data on the academic literacy, oral academic language, and English language development of English learners, and skills to support native and English language development across the curriculum; and

i. Provide opportunities for staff to learn about current workforce trends, the connection between workforce trends and postsecondary education, and training options, including career and technical education options.

7. Staff development activities may include curriculum development and curriculum training programs and activities that provide teachers and other members of site-based teams training to enhance team performance.

8. The school district may implement other staff development activities required by law and activities associated with professional teacher compensation models.

[Note: To the extent the school board offers K-12 teachers the opportunity for more staff development training under Minnesota Statutes section 122A.40, subdivisions. 7 and 7a, or Minnesota Statutes section 122A.41, subdivisions 4 and 4a, such additional days of staff development should include peer mentoring, peer gathering, continuing education, professional development, or other training which enable teachers to achieve the staff development outcomes enumerated above in Section III.B.4.]

C. The Advisory Staff Development Committee will assist Site Professional Development Teams in developing a site plan consistent with the goals and outcomes of the Staff Development Plan.

D. The Advisory Staff Development Committee will evaluate staff development efforts at the site level and the assistant superintendent of teaching and learning will report annually to the School Board the extent to which staff at the site have met the outcomes of the Staff Development Plan.

E. In addition to developing a Staff Development Plan, the Staff Development Advisory Committee also must develop teacher mentoring programs for teachers new to the profession or school district, including teaching residents, teachers of color, teachers who are American Indian, teachers in license shortage areas, teachers with special needs, or experienced teachers in need of peer coaching. Teacher mentoring programs must be included in or aligned with the school district's teacher evaluation and peer review processes under Minnesota Statutes, sections 122A.40, subdivision 8 or 122A.41, subdivision 5.

 F. The Advisory Staff Development Committee shall assist the school district in preparing any reports required by the Minnesota Department of Education relating to staff development or teacher mentoring including, but not limited to, the reports referenced in Section VII below.

IV. DUTIES OF THE SITE STAFF DEVELOPMENT TEAM

A. Each Site Professional Development Team shall develop a site plan, consistent with the goals of the Staff Development Plan. The assistant superintendent of teaching and learning will review the site plans for consistency with the Staff Development Plan annually.

B. The Site Professional Development Team must demonstrate to the assistant superintendent of teaching and learning the extent to which staff at the site have met the outcomes of the Staff Development Plan. The actual reports to the School Board shall be made by the assistant superintendent of teaching and learning to avoid duplication of effort.

C. If the School Board determines that staff development outcomes are not being met, it may withhold a portion of the initial allocation of revenue referenced in Section V. below.

V. STAFF DEVELOPMENT FUNDING

A. Unless the school district is in statutory operating debt or a majority of the school board and a majority of its licensed teachers annually vote to waive the requirement to reserve basic revenue for staff development, the school district will reserve an amount equal to at least two percent of its basic revenue for: (1) teacher development and evaluation under Minnesota Statutes section 122A.40, subdivision 8 or 122A.41, subdivision 5; (2) principal development and evaluation under section 123B.147, subdivision 3; (3) professional development under section 122A.60; (4) in-service education for programs under section 120B.22, subd 2; and (5) teacher mentorship under section 122A.70, subdivision 1. The school district also may use the revenue reserved for staff development for grants to the school district’s teachers to pay for coursework and training leading to certification as either a college in the schools teacher or a concurrent enrollment teacher. To receive a grant, the teacher must be enrolled in a program that includes coursework and training focused on teaching a core subject.

B. The school district may, in its discretion, expend an additional amount of unreserved revenue for staff development based on its needs.

C. Release time provided for teachers to supervise students on field trips and school activities, or independent tasks not associated with enhancing the teachers' knowledge and instruction skills, such as preparing report cards, calculating grades, or organizing classroom materials, may not be counted as staff development time that is financed with staff development reserved revenue under Minnesota Statutes 122A.61.

VI. PROCEDURE FOR USE OF STAFF DEVELOPMENT FUNDS

A. On an annual basis, the Advisory Staff Development Committee, with the assistance of the Site Professional Development Team, shall prepare a projected budget setting forth proposals for allocating staff development and mentoring funds reserved for each school site. Such budgets shall include, but not be limited to, projections as to the cost of building site training programs, costs of individual staff seminars, and cost of substitutes.

B. Upon approval of the budget by the School Board, the advisory committee shall be responsible for monitoring the use of such funds in accordance with the Staff Development Plan and budget. The requested use of staff development funds must meet or make progress toward the goals and objectives of the Staff Development Plan. All costs/expenditures will be reviewed by the school board and/or superintendent for consistency with the Staff Development Plan on an annual basis.

C. Individual requests from staff for leave to attend staff development activities shall be submitted and reviewed according to school district policy, staff procedures, contractual agreement, and the effect on school district operations. Failure to timely submit such requests may be cause for denial of the request.

D. The school district may use staff development revenue, special grant programs established by the legislature, or another funding source to pay a stipend to a mentor who may be a current or former teacher who has taught at least three (3) years and is not on an improvement plan. Other initiatives using such funds. or funds available under Minnesota Statutes, sections 124D.861 and 124D.862, may include; 

1. additional stipends as incentives to mentors of color or who are American Indian; 

2. financial supports for professional learning community affinity groups across schools within and between districts for teachers from underrepresented racial and ethnic groups to come together throughout the school year; 

3. programs for induction aligned with the school district or school mentorship program during the first three (3) years of teaching, especially for teachers from underrepresented racial and ethnic groups; or 

 

4. grants supporting licensed and nonlicensed educator participation in professional development, such as workshops and graduate courses, related to increasing student achievement for students of color and American Indian students in order to close opportunity and achievement gaps.

To the extent the school district receives a grant for any of the above purposes, it will negotiate additional retention strategies or protection from unrequested leave of absences in the beginning years of employment for teachers of color and teachers who are American Indian. Retention strategies may include providing financial incentives for teachers of color and teachers who are American Indian to work in the school or district for at least five (5) years and placing American Indian educators at sites with other American Indian educators and educators of color at sites with other educators of color to reduce isolation and increase opportunity for collegial support. 

VII. PARAPROFESSIONALS, TITLE I AIDES, AND OTHER INSTRUCTIONAL SUPPORT STAFF

 A. The school district must provide a minimum of eight hours of paid orientation or professional development annually to all paraprofessionals, Title I aides, and other instructional support staff. Six of the eight hours must be completed before the first instructional day of the school year or within 30 days of hire.

B. The orientation or professional development must be relevant to the employee's occupation and may include collaboration time with classroom teachers and planning for the school year.

C. For paraprofessionals who provide direct support to students, at least 50 percent of the professional development or orientation must be dedicated to meeting the requirements of this section. Professional development for paraprofessionals may also address the requirements of Minnesota Statutes, section 120B.363, subdivision 3. 

 

D. A school administrator must provide an annual certification of compliance with this requirement to the MDE Commissioner.

 

VII. REPORTING

A. The school district and Site Development Committee shall prepare a report of the previous fiscal year's staff development activities and expenditures as part of the school district’s world’s best workforce report.

1. The report must include assessment and evaluation data indicating progress toward district and site staff development goals based on teaching and learning outcomes, including the percentage of teachers and other staff involved in instruction who participate in effective staff development activities.

2. The report will include expenditures by the School Board for district-level activities and expenditures made by the staff.

3. The report will provide a breakdown of expenditures for:

a. Curriculum development and curriculum training programs;

b. Staff development training models, workshops, and conferences; and

c. the cost of releasing teachers or substitute teachers for staff development purposes.

The report must also indicate whether the expenditures were incurred at the district level or the school site level and whether the school site expenditures were made possible by the grants to school sites that demonstrate exemplary use of allocated staff development revenue. These expenditures must be reported using the Uniform Financial Accounting and Reporting Standards (UFARS).

4. The report will be signed by the Superintendent and staff development chair.

B. To the extent the school district receives a grant for mentorship activities described in Section V.D., by June 30 of each year after receiving a grant, the site staff development committee must submit a report to the Professional Educator Licensing and Standards Board on program efforts that describes mentoring and induction activities and assesses the impact of these programs on teacher effectiveness and retention.

Legal References:
Minn. Stat. 120A.41 (Length of School Year; Days of Instruction)
Minn. Stat. 120A.415 (Extended School Calendar)
Minn. Stat. 120B.22, Subd. 2 (Violence Prevention Education)
Minn. Stat. 122A.187, Subd. 4 (Expiration and Renewal)
Minn. Stat. 122A.40, Subds. 7, 7a, and 8 (Employment; Contracts; Termination - Additional Staff Development and Salary)
Minn. Stat. 122A.41, Subds. 4, 4a, and 5 (Teacher Tenure Act; Cities of the First Class, Definitions - Additional Staff Development and Salary)
Minn. Stat. 122A.60 (Staff Development Program)
Minn. Stat. 122A.70 (Teacher Mentorship and Retention of Effective Teachers)
Minn. Stat. 122A.61 (Reserved Revenue for Staff Development)

Minn. Stat. § 123B.147, subd. 3 (Principals) Minn. Stat. § 124D.861 (Achievement and Integration for Minnesota) Minn. Stat. § 124D.862 (Achievement and Integration Revenue)

Minn. Stat. 126C.10, Subd. 2 and 2b (General Education Revenue)
Minn. Stat. 126C.13, Subd. 5 (General Education Levy and Aid)
 
Cross Reference:
MSBA/MASA Model Policy 425 (Staff Development)
Staff Development for Minnesota Academic Standards
Type: School Board Policy
Section: 600 EDUCATION PROGRAMS
Code: 619
Adopted Date: 8/26/2002
Revised Date(s): 05/11/2009, 02/23/2015, 05/29/2018, 06/13/2019, 05/10/2022
Reviewed Date(s): 03/08/2004, 05/09/2005, 05/12/2008, 05/11/2009, 02/23/2015, 05/29/2018, 04/12/2022, 05/10/2022
Attachments:
I. PURPOSE
 
The purpose of this policy is to establish opportunities for staff development that advance the staff's ability to work effectively with the Graduation Assessment Requirements and with students as they progress to achievement of those Graduation Assessment Requirements and meet the requirements of federal law.

II. GENERAL STATEMENT

Moorhead Area Public Schools is committed to developing staff policies and processes for continuous improvement of curriculum, instruction, and assessment to ensure effective implementation of the Graduation Assessment Requirements and federal law at all levels.

III. STANDARDS FOR STAFF DEVELOPMENT

A.  MAPS Staff Development Committee shall address the needs of all staff in prioritizing staff development which will ensure effective implementation of the Graduation Assessment Requirements and federal law at all levels. The committee will advise the Moorhead School Board and school sites on the planning of staff development opportunities.

B. Moorhead Area Public Schools shall place a high priority on staff development including activities, programs, and other efforts to implement the Minnesota Academic Standards effectively and to upgrade that implementation continuously.


C. Staff development plans for the school district shall address identified needs for Graduation Assessment Requirements implementation throughout all levels of the school district programs.

D. Inservice, staff meetings, and district and building level staff development plans and programs shall focus on improving the implementation of the Minnesota Academic Standards at all levels for all students, including those with special needs.

IV. TRAINING

A. Paraprofessional

Moorhead Area Public Schools will provide each paraprofessional who assists a licensed teacher in providing student instruction with initial training. Such training will include training in emergency procedures, confidentiality, vulnerability, reporting obligations, discipline, policies, roles and responsibilities, and building orientation. Training will be provided within the first 60 days a paraprofessional begins supervising or working with students.

Additionally, with regard to paraprofessionals providing support to special education students, the school district will ensure that required annual training opportunities to enable the paraprofessionals to further develop the knowledge and skills that are specific to the students with whom the paraprofessional works, including understanding disabilities, the unique and individual needs of each student according to the student’s disability and how the disability affects the student’s education and behavior, following lesson plans, and implementing follow-up instructional procedures and activities.

B. Teachers/Administrators

The school district will provide high-quality and ongoing professional development activities as required by state and federal laws.

Legal References:
Minn. Statute. 122A.16 (Qualified Teacher Defined)
Minn. Statute. 120B.02 (Educational Expectations for Minnesota's Students)
Minn. Statute. 120B.11(School District Process)
Minn. Statute. 120B.363 (Credentials for Education Paraprofessionals)
Minn. Statute. 122A.60 (Staff Development Program)
Minn. Rules Parts 3501.0640-3501.0655 (Academic Standards for Language Arts)
Minn. Rules Parts 3501.0700.3501.0745 (Academic Standards for Mathematics)
Minn. Rules Parts 3501.0800-3501.0815 (Academic Standards for the Arts)
Minn. Rules Parts 3501.0900-3501.0955 (Academic Standards in Science)
Minn. Rules Parts 3501.1000-3501.1190 (Graduation-Required Assessment for Diploma) (repealed Minn. L. 2013, Ch. 116, Art. 2, 22)
Minn. Rules Parts 3501.1200.3501.1210 (Academic Standards for English Language Development)
Minn. Rules Parts 3501.1300-3501.1345 (Academic Standards for Social Studies)
20 U.S.C. 6301 et seq. (Every Student Succeeds Act) 
 
Cross References:
Moorhead School Board Policy 104: Mission Statement
Moorhead School Board Policy 446: Staff Development
Moorhead School Board Policy 601: Curriculum and Instruction Goals of Moorhead Area Public Schools
Moorhead School Board Policy 640: Moorhead Area Public Schools Graduation Policy
Moorhead School Board Policy 650: School District System Accountability
MSBA/MASA Model Policy 619 (Staff Development for Standards)
Staff Notification of Violent Behavior by Students
Type: Administrative Procedure
Section: 500 STUDENTS
Code: 529.1
Adopted Date: 10/26/2006
Revised Date(s): 02/05/2014, 09/12/2016
Reviewed Date(s): 02/05/2014, 06/08/2015, 09/12/2016
Attachments:

To:  (Staff Name)

From:  (Administrative Official)

Date of Notice:

 

This notice is sent to inform you that the following student has a history of violent behavior.  The notice is sent to assist you in helping this student be successful and ensuring the safety of students and staff.

You can use what you have learned about the student's history of violent behavior only to the extent allowed by school district policy.  The data on this form are private data under state and federal law, and the student's privacy rights must be protected.

Student's name: 

Incident(s) of violence:





 

 

 

If staff have a legitimate educational interest, provide the following information.

Description/Explanation of incident(s) if known (specifically include any mitigating factors, e.g. self-defense, defense of others, medication issues):




 

 

 

 

The types of situations that might trigger violent behavior by this student, if known (e.g. triggers for frustration or anger):




 

 

 

 

Strategies or interventions that are successful with this student, if known:




 

 

 

 

The following documents may be available for you to review regarding this student:

     ________  IEP
     ________  504 Plan
     ________  Functional Behavioral Assessment
     ________  Reports or Statements by School Staff
     ________  Information Provided by the Parent or Guardian

 

Additional information may be available to you based on your legitimate educational interest.

State and Federal Law Prohibiting Discrimination
Type: School Board Policy
Section: 100 SCHOOL DISTRICT
Code: 105
Adopted Date: 4/24/1984
Revised Date(s): 09/12/2005, 10/12/2009, 12/13/2010, 11/10/2014, 11/24/2020, 01/06/2021, 01/16/2023, 02/14/2023
Reviewed Date(s): 10/22/1990, 03/13/1995, 12/13/1999, 02/09/2004, 09/12/2005, 10/12/2009, 12/13/2010, 11/10/2014, 12/11/2017, 01/06/2021, 02/14/2023
Attachments:

I. PURPOSE

The purpose of this policy is to establish the Moorhead Area Public Schools responsibility in complying with state and federal law regarding discrimination.

II. GENERAL STATEMENT

Moorhead Area Public Schools shall comply with federal and state law prohibiting discrimination and with the requirements imposed by or pursuant to regulations issued thereto, to the end that no person in the Moorhead Area Public Schools shall on the grounds of race, color, national origin, creed, religion, sex, marital status, age, limited English proficiency, sexual orientation, status with regard to public assistance, family care leave status, veteran status, or disability be excluded from any educational program or activity, or in employment, or recruitment, consideration, or selection, therefore, including hiring, discharge, promotion, compensation, facilities or privileges of employment, whether full time or part-time, under an educational program or activity for which the school is responsible. The Moorhead Area Public Schools also make reasonable accommodations for disabled employees and students.

Any inquiries concerning this policy may be referred to:

Office of the Superintendent
MAPS Operations Center
1313 30th Avenue South
Moorhead, MN 56560
(218) 284-3330

The school district prohibits the harassment of any individuals. For information about the types of conduct that constitute impermissible harassment and the district's internal procedures for addressing complaints of harassment, please refer to the district's policy on harassment and violence.
 
III. REPRISAL
 
The Moorhead Area Public Schools will discipline or take appropriate action against any pupil, teacher, administrator, or other school personnel who retaliates against any person who reports alleged unlawful discrimination based on race, color, national origin, creed, religion, sex, sexual orientation, gender identify or expression, marital status, age, status with regard to public assistance, or disability toward a student or any person who testifies, assists or participates in an investigation, or who testifies, assists or participates in a proceeding or hearing relating to such unlawful discrimination. Retaliation includes, but is not limited to, any form of intimidation, reprisal, or harassment.
 
 

Legal References:
29 U.S.C. 794 et seq. (Section 504 of Rehabilitation Act of 1973, Title I and Title V of the Americans with Disabilities Act of 1990)
Minn. Stat. 123B.03 (Background Check)
Minn. Stat. 43A.11 (Veteran's Preference)
Title VII of the Civil Rights Act of 1964
Equal Pay Act of 1963
Age Discrimination in Employment Act of 1967
Civil Rights Act of 1991
Minn. Stat. 363 (Minnesota Human Rights Act)
29 U.S.C. 2615 (Family and Medical Leave Act)
38 U.S.C. 4301 et seq. (Vietnam Era Veterans Readjustment Assistance Act)
38 U.S.C. 4211 et seq. (Veterans Reemployment Rights Act)

Cross References:
Moorhead School Board Policy 401: Equal Employment Opportunity Statement
Moorhead School Board Policy 402: Grievance Procedures for Equal Opportunity
Moorhead School Board Policy 404: Employment Disability Nondiscrimination
Moorhead School Board Policy 410: Employment of Faculty and Staff
Moorhead School Board Policy 411: Veteran's Preference Hiring
Moorhead School Board Policy 501: Equal Educational Opportunity
Moorhead School Board Policy 502: Student Disability Nondiscrimination
Moorhead School Board Policy 570: Prohibition of Harassment and Violence

Student Activities
Type: School Board Policy
Section: 500 STUDENTS
Code: 510
Adopted Date: 8/26/2002
Revised Date(s): 05/11/2009, 04/26/2010, 06/09/2014, 06/12/2017, 10/15/2019, 09/19/2022, 10/11/2022
Reviewed Date(s): 06/13/2005, 04/09/2007, 02/11/2008, 05/11/2009, 04/26/2010, 06/09/2014, 06/12/2017, 09/11/2019, 10/11/2022
Attachments:

I. PURPOSE

The purpose of this policy is to impart to students, employees, and the community the school district’s policy related to the student activity program.

II. GENERAL STATEMENT

School activities provide additional opportunities for students to pursue special interests that contribute to their physical, mental and emotional well-being. They are of secondary importance in relationship to the formal instructional program; however, they complement the instructional program in providing students with additional opportunities for growth and development.

III. RESPONSIBILITY

A. All students who participate in school-sponsored activities are expected to represent the school and community in a responsible manner. All rules pertaining to student conduct and student discipline extend to school activities.

B. All spectators at school-sponsored activities, including parents/guardians, employees and other members of the public are expected to behave in an appropriate manner at those activities. Students and employees may be subject to discipline and parents/guardians and other spectators may be subject to sanctions for engaging in misbehavior or inappropriate, illegal or unsportsmanlike behavior at these activities or events. The Minnesota State High School League rules will be followed in all activities.

C. The Superintendent or designee shall be responsible for disseminating information needed to inform students, parents/guardians, staff and the community of the opportunities available within the school activity program and the rules of participation.

D. Those students who participate in Minnesota State High School League (MSHSL) activities must also abide by the league rules. Those employees who conduct MSHSL activities shall be responsible for familiarizing students and parents/guardians with all applicable rules, penalties, and opportunities.

E. The Superintendent or designee shall be responsible for conducting an annual evaluation of school activity programs and presenting the results and any recommendations to the School Board. (Refer to Administrative Procedures 510.1 and 510.2.)

F. The School Board will ensure that any funds raised for extracurricular activities will be spent only on extracurricular activities.

IV. DEFINITIONS

A. Co-curricular activities are school-sponsored and directed activities designed to provide opportunities for pupils to participate, on an individual or group basis, in school and public events for the improvement of skills. Co-curricular activities are not offered for school credit, cannot be counted toward graduation and have one or more of the following characteristics:

1. They are conducted at regular and uniform times during school hours, or at times established by school authorities;

2. Although not offered for credit, they are directed or supervised by instructional staff in a learning environment similar to that found in courses offered for credit;

3. They are partially funded by public monies for general instructional purposes under direction and control of the Moorhead School Board.

B. Extracurricular activities are all direct and personal services for pupils for their enjoyment that are managed and operated under the guidance of an adult or staff member. The School Board shall allow all resident pupils receiving instruction in a home school as defined in Minnesota Statutes 123B.36, Subdivision 1, Paragraph (a), to be eligible to participate fully in extracurricular activities on the same basis as public school students.

Extracurricular activities have the following characteristics:

1. They are not offered for school credit nor required for graduation;

2. They are generally conducted outside school hours, or if partly during school hours, at times agreed by the participants, and approved by school authorities.
 
 
Legal References:
Minn. Stat. 123B.36, Subd. 1, Paragraph (a) (Authorized Fees)
Minn. Stat. 123B.49 (Extracurricular Activities) 
 
Cross References:
MSBA/MASA Model Policy 510 (School Activities)
MSBA/MASA Model Policy 503 (Student Attendance)
MSBA/MASA Model Policy 506 (Student Discipline)
MSBA/MASA Model Policy 713 (Student Activity Accounting)
Moorhead School Board Policy 515: School District Student Attendance
Moorhead School Board Policy 541: Student Activity Eligibility
Moorhead School Board Policy 543 Student Activities Travel 
Moorhead School Board Policy 551: Student Discipline
Moorhead School Board Policy 608: Home-Schooled Students
Student Activities Travel
Type: School Board Policy
Section: 500 STUDENTS
Code: 543
Adopted Date: 8/5/1988
Revised Date(s): 02/09/2009, 06/09/2014, 06/12/2017, 09/19/2019, 10/15/2019
Reviewed Date(s): 03/26/1991, 03/10/1997, 04/23/2001, 02/28/2005, 02/09/2009, 06/09/2014, 06/12/2017, 09/11/2019, 10/11/2022
Attachments:

I.  PURPOSE

The purpose of this policy is to explain the financial support for students participating in activities at sectional, regional, state, and national events.

II.  GENERAL STATEMENT

A. Sectional, Regional, and State Competitions/Activities

This section applies to those activities sponsored by the Minnesota State High School League or school district recognized organizations (refer to Administrative Procedure 542.1: Student Activity Fees, Terms and Conditions). School district students and their coaches participating in competitions/activities at the sectional, regional, and state level will be provided a school car, bus, or contracted travel, lodging with two or more students per room when possible, and registration fees upon approval of the building administrator and/or activities director. Meals will not be provided unless they are included in a registration fee or reimbursed by the Minnesota State High School League or other activity sponsors.

B. National Competitions/Activities

National competitions for state winners will be financed through activities' individual accounts and/or by student participants. District funds will not be used to finance student or coach participation in national competitions.

C.  Other Sectional, Regional, State, and National Competitions/Activities

All other expenses will be the responsibility of the student, parent/guardian, or activity fund.    

III.  DISSEMINATION OF POLICY

This policy will be shared with students and parents/guardians at the beginning of the student activity.

 
Cross References:
Moorhead School Board Policy 541: Student Activity Eligibility
Moorhead School Board Policy 542: Student Activity Fees
Moorhead School Board Policy 544: Activities Fundraising
Moorhead School Board Policy 540: Student Activities 
Student Activity Eligibility
Type: School Board Policy
Section: 500 STUDENTS
Code: 541
Adopted Date: 7/25/1994
Revised Date(s): 09/12/2005, 06/14/2010, 06/09/2014, 06/12/2017, 10/15/2019, 10/11/2022
Reviewed Date(s): 12/14/1998, 04/28/2003, 09/12/2005, 06/14/2010, 06/09/2014, 06/12/2017, 09/11/2019, 10/11/2022
Attachments:

I. PURPOSE

The purpose of this policy is to define the eligibility, responsibilities and penalties that the Moorhead Area Public Schools system utilizes relating to the Minnesota State High School League (MSHSL) rules.

II. GENERAL STATEMENT

The Minnesota State High School League rules regarding eligibility shall be extended to include all activities which are a part of the extra-curricular and co-curricular programs of Moorhead High School. These rules also extend to any middle school student who participates in an event or program at the middle or high school level.

The rule applies to the entire 12-month calendar year and any portion of an activity season which occurs prior to the start of the school year or after the close of the school year. Moorhead Area Public Schools follows all general rules and penalties related to activity eligibility provided by the MSHSL. Athletic eligibility information can be accessed at www.mshsl.org or by contacting the Moorhead High School Activities Office. (Refer to Administrative Procedure 541.1.)

Legal References:
Section 703 of the Title 2000e, et seq.
Minn. Stat. 363A (Minnesota Human Rights Act)

Cross References:
Moorhead School Board Policy 570: Prohibition of Harassment and Violence
Moorhead School Board Policy 571: Hazing Prohibition
Moorhead School Board Policy 572: Drug-Free Workplace/Drug-Free School
Moorhead School Board Policy 573: Tobacco-Free Environment

Moorhead School Board Policy 540: Student Activities
Moorhead School Board Policy 578: Bullying Prohibition
Moorhead School Board Policy 608: Home-Schooled Students 
 
Student Activity Fees
Type: School Board Policy
Section: 500 STUDENTS
Code: 542
Adopted Date: 7/12/1983
Revised Date(s): 05/26/2009, 06/09/2014, 09/19/2019, 10/15/2019
Reviewed Date(s): 12/01/1990, 08/14/1995, 06/28/1999, 06/14/2004, 05/26/2009, 06/09/2014, 06/13/2019, 09/11/2019, 10/11/2022
Attachments:

I. PURPOSE

The purpose of this policy is to establish student activity fees for athletics/activity events at Moorhead Area Public Schools.

II. GENERAL STATEMENT

The Moorhead School Board supports student participation in school activities. Students unable to pay the activity fee will not be denied participation in a student activity. Building administrators will make this decision using the free and reduced-price meals eligibility guidelines as the determining factor.

The activity fees will be reviewed annually by the administration and approved by the School Board. Please refer to Administrative Procedure 542.1 for activity fees, terms and conditions.

 
Legal Reference:
Minnesota. Statute. 123B.49 (Extracurricular Activities; Insurance)

Cross Reference:
Moorhead School Board Policy 831: Rental of District Musical Instruments

Student Activity Fees, Terms and Conditions
Type: Administrative Procedure
Section: 500 STUDENTS
Code: 542.1
Adopted Date: 5/26/2009
Revised Date(s): 07/29/2009, 08/13/2014, 09/28/2022
Reviewed Date(s): 08/13/2014
Attachments:

I. Collection of Fees

All fees can be paid on the online payment portal on the school district website at www.isd152.org. Fees can also be paid at the district in the following locations:

A. Middle School - students pay in the Principal's Office

B. High School - students pay in the Activities Director's Office

C. Elementary Schools - students pay in the Principal's Office

II. Payment of Fees

A. In athletic/activity events which require tryouts, students will not be expected to pay the fee until the final cut for the squad has been made.

B. In other non-tryout sport activities, students will be expected to pay the fee prior to participation in the first event.

C. A Moorhead middle school student participating in high school activities will be charged activity fees denoted for high school activities.

III. Refund of Fees

A. Student activity fee refunds will be made when requested in writing because of injury, illness or moving out of the school district. A full fee refund will be made if less than one-half of the activity season is completed and no fee refund will be made if more than one-half of the activity season is completed.

B. Any student who voluntarily drops from a squad and whose equipment is returned within 10 practice days after enrolling will receive an activity fee refund.

C. The student manager of an athletic team is not expected to pay an activity fee.

D. In Debate/Speech activities, students can prepare their selection and can participate in one meet without the fee being charged. If they choose to continue, they will be required to pay the activity fee.

E. Activity fees for an individual shall be capped at $350 at the high school level and $150 at the middle school level. Activity fees for families will be capped at $750. Activity fees for families that qualify for free or reduced-price lunches, will be capped at $375.

F. Instrument rental for the high school and middle school will be $75.

IV. High School Activities and Fees

Tier 1: $180 - Basketball and Hockey
Tier 2: $150 - Football, Cross Country, Soccer, Volleyball, Softball, Debate, Gymnastics, Wrestling, Swimming/Diving, Baseball, Speech, Lacrosse, and Nordic Skiing
Tier 3: $130 - Track, Tennis, Golf, and Dance Team
Tier 4: $75 - Musicals/Plays, One-Act Play, Math League, Knowledge Bowl, Orchestra (Apollo Strings), Choir (Carolers), Jazz Band, Science Club, Business Professionals of America. Adaptive Bowling, Clay Target, Powerlifting, Destination Imagination, Instrumental Rental, Robotics, and H.S. Skills USA

V. Middle School Activities and Fees

Tier 1: $180 - Girls Hockey
Tier 2: $150 - Gymnastics, Lacrosse, Nordic Skiing, Soccer, Swimming/Diving, Wrestling, and Softball
Tier 3: $130 - Dance and Girls Tennis
Tier 4: $75 - Adaptive Bowling
Tier 5: $65 - Basketball, Football, Cross Country, Golf, Gymnastics, Volleyball, Wrestling, Track, and Tennis
Tier 6: $25 - Knowledge Bowl, Jazz Band, Honor Choir, Musicals/Plays, Chamber Orchestra, Speech, Photo Club, Math Team, Destination Imagination, Science Club, Honor Band, and Visual Arts

Student Disability Nondiscrimination
Type: School Board Policy
Section: 500 STUDENTS
Code: 521
Adopted Date: 6/11/2001
Revised Date(s): 12/08/2008, 05/13/2013, 02/12/2018, 10/10/2023
Reviewed Date(s): 04/11/2005, 12/08/2008, 05/13/2013, 12/14/2015, 02/12/2018, 01/20/2021, 02/17/2021, 10/10/2023
Attachments:

I. PURPOSE

The purpose of this policy is to protect students with disabilities from discrimination on the basis of disability and to identify and evaluate learners who, within the intent of Section 504 of the Rehabilitation Act of 1973 (Section 504), need services, accommodations, or programs in order that such learners may receive the required free appropriate public education.

II. GENERAL STATEMENT

A. Students with disabilities who meet the criteria of Paragraph C. below are protected from discrimination on the basis of a disability.

B. The Moorhead Area Public Schools will identify and evaluate learners who, within the intent of Section 504, need services, accommodations, or programs in order that such learners may receive the required free appropriate public education.

C. For this policy, a learner who is protected under Section 504 is one who:

1. has a physical or mental impairment that substantially limits one or more major life activities, including learning; or

2. has a record of such impairment; or
 
3. is regarded as having such impairment.

D. Learners may be protected from disability discrimination and be eligible for services, accommodations, or programs under the provisions of Section 504 even though they do not require Individual Education Program services pursuant to the Individuals with Disabilities Education Act.

III. COORDINATOR

Persons who have questions or comments should contact the executive director of special services. This person is the Moorhead Area Public Schools' Americans with Disabilities Act (ADA)/Section 504 Coordinator.
 
 
Legal References:
42 U.S.C. Ch. 126 (Equal Opportunity for Individuals with Disabilities 
29 U.S.C. 794 et seq. (Rehabilitation Act of 1973, 504)
34 C.F.R. Part 104 (Section 504 Implementing Regulations)
Pub. L. 110-325, 122 Stat. 3553 (ADA Amendments Act of 2008, 7)
 
Cross References:
Moorhead School Board Policy 102: State and Federal Law Prohibiting Discrimination 
Moorhead School Board Policy 402: Grievance Procedures for Equal Opportunity
Moorhead School Board Policy 501: Equal Educational Opportunity 
Moorhead School Board Policy 516: School Attendance Governing Enrollment of Children/Adults with Disabilities 
MSBA/MASA Model Policy 521 (Student Disability Nondiscrimination)
Student Discipline
Type: School Board Policy
Section: 500 STUDENTS
Code: 506
Adopted Date: 6/13/1989
Revised Date(s): 05/11/2009, 06/14/2010, 06/13/2011, 06/11/2012, 06/10/2013, 06/09/2014, 06/08/2015, 06/13/2016, 09/12/2016, 06/25/2018, 03/19/2020, 02/17/2021, 02/16/2022, 06/14/2023, 12/12/2023
Reviewed Date(s): 07/28/1992, 06/28/1994, 06/08/1998, 06/11/2001, 05/13/2002, 06/09/2003, 06/14/2004, 06/13/2005, 06/26/2006, 06/11/2007, 05/12/2008, 05/11/2009, 06/14/2010, 06/13/2011, 06/11/2012, 06/10/2013, 06/09/2014, 06/08/2015, 06/13/2016, 09/12/2016, 06/12/2017, 06/25/2018, 01/21/2019, 01/20/2021, 02/17/2021, 01/17/2022, 01/18/2022, 06/14/2023, 12/12/2023
Attachments:

I. PURPOSE

The purpose of this policy is to establish expectations and roles in student conduct and possible consequences for not meeting expectations.
 
II. GENERAL STATEMENT
 
The Moorhead School Board recognizes that individual responsibility and mutual respect are essential components of the educational process. The School Board further recognizes that nurturing the maturity of each student is of primary importance and is closely linked with the balance that must be maintained between authority and self-discipline as the individual progresses from a child’s dependence on authority to the more mature behavior of self-control.

All students are entitled to learn and develop in a setting which promotes respect of self, others, and property. Proper positive discipline can only result from an environment which provides options and stresses student self-direction, decision-making, and responsibility. Schools can function effectively only with internal discipline based on mutual understanding of rights and responsibilities.

Students must conduct themselves in an appropriate manner that maintains a climate in which learning can take place.  Overall decorum affects student attitudes and influences student behavior. Proper student conduct is necessary to facilitate the education process and to create an atmosphere conducive to high student achievement.
 
Although this policy emphasizes the development of self-discipline, it is recognized that there are instances when it will be necessary to administer disciplinary measures. The position of the school district is that a fair and equitable district-wide student discipline policy will contribute to the quality of the student's educational experience. This discipline policy is adopted in accordance with and subject to the Minnesota Pupil Fair Dismissal Act, Minnesota Statutes section 121A.40-121A.56.
 
In view of the foregoing and in accordance with Minnesota Statutes section 121A.55, the School Board, with the participation of school district administrators, teachers, employees, students, parents/guardians, community members, and such other individuals and organizations as appropriate, has developed this policy which governs student conduct and applies to all students of the school district.
 
III. DEFINITIONS
 

A. "Nonexclusionary disciplinary policies and practices" means policies and practices that are alternatives to dismissing a pupil from school, including but not limited to evidence-based positive behavior interventions and supports, social and emotional services, school-linked mental health services, counseling services, social work services, academic screening for Title 1 services or reading interventions, and alternative education services. Nonexclusionary disciplinary policies and practices include but are not limited to the policies and practices under sections 120B.12; 121A.575, clauses (1) and (2); 121A.031, subdivision 4, paragraph (a), clause (1); 121A.61, subdivision 3, paragraph (r); and 122A.627, clause (3).

 

B. "Pupil withdrawal agreement" means a verbal or written agreement between a school administrator or district administrator and a pupil's parent to withdraw a student from the school district to avoid expulsion or exclusion dismissal proceedings. The duration of the withdrawal agreement cannot be for more than a 12-month period.

 

IV. POLICY

 

A. The school board must establish uniform criteria for dismissal and adopt written policies and rules to effectuate the purposes of the Minnesota Pupil Fair Dismissal Act. The policies must include nonexclusionary disciplinary policies and practices consistent with Minnesota Statutes, section 121A.41, subdivision 12, and must emphasize preventing dismissals through early detection of problems. The policies must be designed to address students' inappropriate behavior from recurring.

 

B. The policies must recognize the continuing responsibility of the school for the education of the pupil during the dismissal period.

 

C. The school is responsible for ensuring that alternative educational services, if the pupil wishes to take advantage of them, must be adequate to allow the pupil to make progress toward meeting the graduation standards adopted under Minnesota Statutes, section 120B.02 and help prepare the pupil for readmission in accordance with section Minnesota Statutes, section 121A.46, subdivision 5.

 

D. For expulsion and exclusion dismissals and pupil withdrawal agreements as defined in Minnesota Statutes, section 121A.41, subdivision 13:

  1. For a pupil who remains enrolled in the school district or is awaiting enrollment in a new district, the school district's continuing responsibility includes reviewing the pupil's schoolwork and grades on a quarterly basis to ensure the pupil is on track for readmission with the pupil's peers. The school district must communicate on a regular basis with the pupil's parent or guardian to ensure that the pupil is completing the work assigned through the alternative educational services as defined in Minnesota Statutes, section 121A.41, subdivision 11. These services are required until the pupil enrolls in another school or returns to the same school;
  2. A pupil receiving school-based or school-linked mental health services in the school district under Minnesota Statutes, section 245.4889 continues to be eligible for those services until the pupil is enrolled in a new district;
  3. The school district must provide to the pupil's parent or guardian information on accessing mental health services, including any free or sliding fee providers in the community. The information must also be posted on the school district website.
IV. AREAS OF RESPONSIBILITY
 
A. The School Board. The School Board holds all school personnel responsible for the maintenance of order within the school district and supports all personnel acting within the framework of this discipline policy.
 
B. Superintendent. The Superintendent shall establish guidelines and directives to carry out this policy, hold all school personnel, students, and parents/guardians responsible for conforming to this policy, and support all school personnel performing their duties within the framework of this policy. The Superintendent shall also establish guidelines and directives for using the services of appropriate agencies for assisting students and parents/guardians. Any guidelines or directives established to implement this policy shall be submitted to the School Board for approval and shall be attached as an addendum to this policy (Administrative Procedure 506.1: Discipline Procedures).
 
C. Building Administrator. The building administrator is given the responsibility and authority to formulate building rules and regulations necessary to enforce this policy, subject to final School Board approval. The building administrator shall give direction and support to all school personnel performing their duties within the framework of this policy. The building administrator shall consult with parents of students conducting themselves in a manner contrary to the policy. The building administrator shall also involve other professional employees in the disposition of behavior referrals and shall make use of those agencies appropriate for assisting students and parents/guardians. A building administrator, in exercising his or her lawful authority, may use reasonable force when it is necessary under the circumstances to correct or restrain a student or prevent bodily harm to themselves or to another.
 
D. Teachers. All teachers shall be responsible for providing a well-planned teaching/learning environment with appropriate assistance from administration. All teachers shall enforce the Code of Student Conduct. In exercising the teacher’s lawful authority, a teacher may use reasonable force when it is necessary under the circumstances to correct or restrain a student or prevent bodily harm to themselves or to another.
 
E. Other School District Personnel. All school district personnel shall be responsible for contributing to the atmosphere of mutual respect within the school. Their responsibilities relating to student behavior shall be as authorized and directed by the Superintendent. A school employee, school bus driver, or other agent of a school district, in exercising his or her lawful authority, may use reasonable force when it is necessary under the circumstances to restrain a student or prevent bodily harm to themselves or to another.
 
F. Parents or Legal Guardians. Parents and guardians shall be held responsible for the behavior of their children as determined by law and community practice. They are expected to cooperate with school authorities and to participate regarding the behavior of their children.
 
G. Students. All students shall be held individually responsible for their behavior and for knowing and obeying the Code of Student Conduct and this policy.
 
H. Community Members. Members of the community are expected to contribute to the establishment of an atmosphere in which rights and duties are effectively acknowledged and fulfilled.
 
I. Reasonable Force Reports
  1. The school district must report data on its use of any reasonable force used on a student with a disability to correct or restrain the student to prevent imminent bodily harm or death to the student or another that is consistent with the definition of physical holding under Minnesota Statutes, section 125A.0941, paragraph (c), as outlined in section 125A.0942, subdivision 3, paragraph (b).
  2. Beginning with the 2024-2025 school year, the school district must report annually by July 15, in a form and manner determined by the MDE Commissioner, data from the prior school year about any reasonable force used on a general education student to correct or restrain the student to prevent imminent bodily harm or death to the student or another that is consistent with the definition of physical holding under Minnesota Statutes, section 125A.0941, paragraph (c).
  3. Any reasonable force used under Minnesota Statutes, sections 121A.582; 609.06, subdivision 1; and 609.379 which intends to hold a child immobile or limit a child's movement where body contact is the only source of physical restraint or confines a child alone in a room from which egress is barred shall be reported to the Minnesota Department of Education as a restrictive procedure, including physical holding or seclusion used by an unauthorized or untrained staff person.

VI. STUDENT RIGHTS

All students have the right to an education and the right to learn.

VII. STUDENT RESPONSIBILITIES
 
All students have the responsibility:
 
A. For their behavior and for knowing and obeying all school rules and regulations as defined in policies, procedures, and federal, state, and local laws;

B. To attend school daily, except when excused, and to be on time to all classes and other school functions;

C. To pursue and attempt to complete the courses of study prescribed by the state and local school authorities;

D. To make necessary arrangements for making up work when absent from school;

E. To assist the school staff in maintaining a safe school for all students;
 
F. To be aware of all school rules, regulations, policies, and procedures, including those in this policy, and to conduct themselves in accord with them;
 
G. To assume that until a rule or policy is waived, altered, or repealed, it is in full force and effect;
 
H. To be aware of and comply with federal, state, and local laws;
 
 I. To volunteer information in disciplinary cases should they have any knowledge relating to such cases and to cooperate with school staff as appropriate;

J. To respect and maintain the school’s property and the property of others;

K. To dress and groom in a manner which meets standards of safety and health and common standards of decency and which is consistent with applicable school district policy;

L. To avoid inaccuracies in student newspapers or publications and refrain from indecent or obscene language;

M. To conduct themselves in an appropriate physical or verbal manner; and

N. To recognize and respect the rights of others.

VIII. CODE OF STUDENT CONDUCT

A. The following are examples of unacceptable behavior subject to disciplinary action by the school district. These examples are not intended to be an exclusive list. Any student who engages in any of these activities shall be disciplined in accordance with this policy. This policy applies to all school buildings, school grounds, and school property; school-sponsored activities or trips; school bus stops; school buses, school vehicles, school contracted vehicles, or any other vehicles approved for school district purposes; the area of entrance or departure from school premises or events; and all school-related functions, school-sponsored activities, events, or trips. This policy also applies to any student whose conduct at any time or in any place interferes with or obstructs the mission or operations of the school district or the safety or welfare of the student, other students, or employees.

  1. Violations against property including, but not limited to, damage to or destruction of school property or the property of others, failure to compensate for damage or destruction of such property, arson, breaking and entering, theft, robbery, possession of stolen property, extortion, trespassing, unauthorized usage, or vandalism;
  2. The use of profanity or obscene language, or the possession of obscene materials;
  3. Gambling, including, but not limited to, playing a game of chance for stakes;
  4. Violation of Moorhead School Board Policy 526: Hazing Prohibition;
  5. Attendance problems including, but not limited to, truancy, absenteeism, tardiness, skipping classes, or leaving school grounds without permission;
  6. Violation of Moorhead School Board Policy 515: School District Student Attendance;
  7. Opposition to authority using physical force or violence;
  8. Using, possessing, or distributing tobacco or tobacco paraphernalia; tobacco-related devices, electronic cigarettes, or tobacco paraphernalia in violation of the school district’s Tobacco-Free Environment; Possession and Use of Tobacco, Tobacco-Related Devices, and Electronic Delivery Devices Policy;
  9. Using, possessing, distributing, intending to distribute, making a request to another person for (solicitation), or being under the influence of alcohol or other intoxicating substances or look-alike substances;
  10. Using, possessing, distributing, intending to distribute, making a request to another person for (solicitation), or being under the influence of narcotics, drugs, or other controlled substances (except as prescribed by a physician), or look-alike substances (these prohibitions include medical marijuana or medical cannabis, even when prescribed by a physician, and one student sharing prescription medication with another student);
  11. Using, possessing, or distributing items or articles that are illegal or harmful to persons or property, including, but not limited to, drug paraphernalia;
  12. Using, possessing, or distributing weapons, look-alike weapons, or other dangerous objects;
  13. Violation of Moorhead School Board Policy 501: Moorhead Area Public Schools Weapons Policy;
  14. Violation of Moorhead School Board Policy 413: Prohibition of Harassment and Violence;
  15. Possession of ammunition including, but not limited to, bullets or other projectiles designed to be used in or as a weapon;
  16. Possession, use, or distribution of explosives or any compound or mixture, the primary or common purpose or intended use of which is to function as an explosive;
  17. Possession, use, or distribution of fireworks or any substance or combination of substances or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation;
  18. Using an ignition device, including butane or disposable lighter or matches, inside an educational building and under circumstances where there is a risk of fire, except where the device is used in a manner authorized by the school;
  19. Violation of any local, state, or federal law as appropriate;
  20. Acts disruptive of the educational process, including, but not limited to, disobedience, disruptive or disrespectful behavior, defiance of authority, cheating, insolence, insubordination, failure to identify oneself, improper activation of fire alarms, or bomb threats;
  21. Violation of Moorhead School Board Policy 524: Moorhead Area Public Schools Electronic Network Responsible Use and Safety;
  22. Use of devices or objects which cause distractions and may facilitate cheating including, but not limited to, digital cameras, pagers, radios, cellphones, and other personal electronic devices unless specific authorization is granted by the classroom teacher;
  23. Violation of school bus or transportation rules or Moorhead School Board Policy 709: Student Transportation Safety;
  24. Violation of parking or school traffic rules and regulations, including, but not limited to, driving on school property in such a manner as to endanger persons or property;
  25. Violation of directives or guidelines relating to lockers or improperly gaining access to a school locker;
  26. Violation of Moorhead School Board Policy 502: Search of Student Lockers, Desks, Personal Possessions, and Student’s Person;
  27. Violation of Moorhead School Board Policy 527: Student Use and Parking of Motor Vehicles; Patrols, Inspections, and Searches;
  28. Possession or distribution of slanderous, libelous, or pornographic materials;
  29. Violation of Moorhead School Board Policy 514: Bullying Prohibition;
  30. Student attire or personal grooming which creates a danger to health or safety or creates a disruption to the educational process, including clothing which bears a message which is lewd, vulgar, or obscene, apparel promoting products or activities that are illegal for use by minors, or clothing containing objectionable emblems, signs, words, objects, or pictures communicating a message that is racist, sexist, or otherwise derogatory to a protected minority group or which connotes gang membership;
  31. Criminal activity;
  32. Falsification of any records, documents, notes, or signatures;
  33. Tampering with, changing, or altering records or documents of the school district by any method including, but not limited to, computer access or other electronic means;
  34. Scholastic dishonesty which includes, but is not limited to, cheating on a school assignment or test, plagiarism, or collusion, including the use of smartphones or other technology to accomplish this end;
  35. Impertinent or disrespectful language toward teachers or other school district personnel;
  36. Actions, including fighting or any other assaultive behavior, which causes or could cause injury to the student or other persons or which otherwise endangers the health, safety, or welfare of teachers, students, other school district personnel, or other persons;
  37. Committing an act which inflicts great bodily harm upon another person, even though accidental or a result of poor judgment;
  38. Violations against persons, including, but not limited to, assault or threatened assault, fighting, harassment, interference or obstruction, attack with a weapon, or look-alike weapon, sexual assault, illegal or inappropriate sexual conduct, or indecent exposure;
  39. Verbal assaults or verbally abusive behavior including, but not limited to, use of language that is discriminatory, abusive, obscene, threatening, intimidating, or that degrades other people;
  40. Physical or verbal threats including, but not limited to, the staging or reporting of dangerous or hazardous situations that do not exist;
  41. Inappropriate, abusive, threatening, or demeaning actions or written or electronic messages based on race, color, creed, religion, sex, marital status, status with regard to public assistance, disability, national origin, or sexual orientation;
  42. Violation of Moorhead School Board Policy 505: Distribution of Nonschool-Sponsored Materials on School Premises by Students and Employees;
  43. Violation of the school district's one-to-one device rules and regulations;
  44. Violation of school rules, regulations, policies, or procedures, including, but not limited to, those policies specifically enumerated in this policy;
  45. Other acts, as determined by the school district, which are disruptive of the educational process or dangerous or detrimental to the student or other students, school district personnel or surrounding persons, or which violate the rights of others or which damage or endanger the property of the school, or which otherwise interferes with or obstruct the mission or operations of the school district or the safety or welfare of students or employees.

IX. RECESS AND OTHER BREAKS

 

A. "Recess detention" means excluding or excessively delaying a student from participating in a scheduled recess period as a consequence for student behavior. Recess detention does not include, among other things, providing alternative recess at the student's choice.

 

B. The school district is encouraged to ensure student access to structured breaks from the demands of school and to support teachers, building administrators, and other school staff in their efforts to use evidence-based approaches to reduce exclusionary forms of discipline.

 

C. The school district must not use recess detention unless: 

  1. A student causes or is likely to cause serious physical harm to other students or staff; 
  2. The student's parent or guardian specifically consents to the use of recess detention; or 
  3. For students receiving special education services, the student's individualized education program team has determined that withholding recess is appropriate based on the individualized needs of the student. 

D. The school district must not withhold recess from a student based on incomplete schoolwork.

E. The school district must require school staff to make a reasonable attempt to notify a parent or guardian within 24 hours of using recess detention.

F. The school district must compile information on each recess detention at the end of each school year, including the student's age, grade, gender, race or ethnicity, and special education status. This information must be available to the public upon request. The school district is encouraged to use the data in professional development promoting the use of nonexclusionary discipline.

G. The school district must not withhold or excessively delay a student's participation in scheduled mealtimes. This section does not alter a district or school's existing responsibilities under Minnesota Statutes, section 124D.111 or other state or federal law.

X. DISCIPLINARY ACTION OPTIONS

The general policy of the school district is to utilize progressive discipline to the extent reasonable and appropriate based upon the specific facts and circumstances of student misconduct. The specific form of discipline chosen in a particular case is solely within the discretion of the school district. At a minimum, violation of school district rules, regulations, policies, or procedures will result in discussion of the violation and a verbal warning. The school district shall, however, impose more severe disciplinary sanctions for any violation, including suspension, exclusion, or expulsion, if warranted by the student's misconduct, as determined by the school district.

Disciplinary action may include but is not limited to one or more of the following:

A. Student conference with a teacher, building administrator, counselor, or other school district personnel, and verbal warning;

B. Confiscation by school district personnel and/or by law enforcement of any item, article, object, or thing, prohibited by, or used in the violation of, any school district policy, rule, regulation, procedure, or state or federal law.  If confiscated by the school district, the confiscated item, article, object, or thing will be released only to the parent/guardian following the completion of any investigation or disciplinary action instituted, or taken related to the violation.

C. Parent/guardian contact;

D. Parent/guardian conference;

E. Removal from class;

F. In-school suspension;

G. Suspension from extracurricular activities;

H. Detention or restriction of privileges;

I. Loss of school privileges;

J. In-school monitoring or revised class schedule;

K. Referral to in-school support services;

L. Referral to community resources or outside agency services;

M. Financial Restitution;

N. Referral to police, other law enforcement agencies, or other appropriate authorities;

O. A request for a petition to be filed in district court for juvenile delinquency adjudication;

P. Out-of-school suspension under the Pupil Fair Dismissal Act;

Q. Preparation of an admission or readmission plan;

R. Expulsion under the Pupil Fair Dismissal Act;

S. Exclusion under the Pupil Fair Dismissal Act; and/or

T. Other disciplinary action as deemed appropriate by the school district.

XI. REMOVAL OF STUDENTS FROM CLASS

A. The teacher of record shall have the general control and government of the classroom. Teachers have the responsibility of attempting to modify disruptive student behavior by such means as conferring with the student, using positive reinforcement, assigning detention or other consequences, or contacting the student’s parents. When such measures fail, or when the teacher determines it is otherwise appropriate based upon the student’s conduct, the teacher shall have the authority to remove the student from class pursuant to the procedures established by this discipline policy. “Removal from class” and “removal” mean any actions taken by a teacher, building administrator, or other school district employee to prohibit a student from attending a class or activity period for a period of time not to exceed five (5) instructional days, pursuant to procedures established in the MAPS School Handbook, as adopted by the School Board. "Class period" or "activity period" means, in secondary grades, instruction for a given course of study. A class period or activity period means, in elementary grades, a period of time not to exceed one hour, regardless of the subject of instruction.

Grounds for removal from class shall include any of the following:

  1. Willful conduct that significantly disrupts the rights of others to an education, including conduct that interferes with a teacher’s ability to teach or communicate effectively with students in a class or with the ability of other students to learn;
  2. Willful conduct that endangers surrounding persons, including school district employees, the student or other students, or the property of the school;
  3. Willful violation of any school rules, regulations, policies or procedures, including the Code of Student Conduct in this policy; or
  4. Other conduct, which in the discretion of the teacher or administration, requires removal of the student from class.

Such removal shall be for at least one (1) activity period or class period of instruction for a given course of study and shall not exceed five (5) such periods.

A student must be removed from class immediately if the student engages in assault or violent behavior. "Assault" is an act done with intent to cause fear in another of immediate bodily harm or death; or the intentional infliction of, or attempt to inflict, bodily harm upon another. The removal from class shall be for a period of time deemed appropriate by the building administrator, in consultation with the teacher.

B. If a student is removed from class more than ten (10) times in a school year, the school district shall notify the parent or guardian of the student’s tenth removal from class and make reasonable attempts to convene a meeting with the student’s parent or guardian to discuss the problem that is causing the student to be removed from class.

C. Procedure for the Classroom Teacher to Remove a Student From a Class
  1. When circumstances permit, a student shall be removed from class upon agreement of the appropriate teacher and building administrator after an informal conference with the student.
  2. The removal from class may be imposed without an informal conference where it appears that the student will create an immediate and substantial danger to himself/herself or to persons or property. If a student is removed from class due to immediate and substantial danger to himself/herself and no conference has been held, the teacher will notify the office immediately to inform the building administrator of the action taken.
  3. The length of time of the removal from class shall be at the discretion of the building administrator, after consultation with the teacher, subject to the provisions of Minnesota Statutes section 127.41, Subdivision 3(e) and the Pupil Fair Dismissal Act.
  4. A written disciplinary report shall be submitted by the teacher or district employee within 24 hours of the removal of any student from his/her class.
  5. Permanent Removal from a Single Class - "Permanent removal" means the action taken by a building administrator to prohibit a student from attending a class period or activity period for the remainder of the semester or year. An alternative means of earning the credit will be provided.

Referral to In-school Support Services - means support services provided by the school or district, for example, structured study time, counseling, etc.

D. Responsibility For and Custody of a Student Removed From Class

  1. A student removed from class shall be the responsibility of the building administrator or lawful designee.
  2. A student removed from class must report directly to the building administrator’s office. Prior to the student’s removal, the teacher or district employee shall inform the office of the student’s removal, the reason for the removal, and the time of the removal.
  3. The teacher shall determine if the student requires a school employee to accompany him/her to the office and, if so, shall then make the necessary arrangements.

E. Return of a Student Procedure

  1. The building administrator or designee shall complete the appropriate follow-up disciplinary consequences and school documentation with the student.
  2. The building administrator or designee shall readmit the student.

F. Notification Procedure

  1. The building administrator or designee shall determine the necessity of parent/guardian notification resulting from the student being removed from class.
  2. The building administrator or designee shall work with the teacher to notify the student of the violation of the discipline rules and resulting disciplinary action.

G. Reasonable Force

A teacher, school employee, bus driver, or other agent of the district may use reasonable force when it is necessary under the circumstances to restrain a student to prevent bodily harm to themselves or to another.

  1. A teacher or building administrator, in exercising the person's lawful authority, may use reasonable force when it is necessary under the circumstances to correct or restrain a student who may harm themselves or prevent bodily harm or death to another.
  2. A school employee, school bus driver, or other agent of a district, in exercising the person's lawful authority, may use reasonable force when it is necessary under the circumstances to correct or restrain a student or prevent bodily harm to themselves or to another.
H. Prior to Dismissal Notification 
  1. The building administrator or designee shall read the Tennessen Warning (Administrative Procedure 506.2: Tennessen Warning) to the student prior to investigating the disciplinary incident when a dismissal from school may be the result of disciplinary action. The student’s parent/guardian shall be notified, when possible, prior to the reading of the warning.
  2. The building administrator or designee shall record the notification of the student receiving the Tennessen Warning, including the disciplinary action documentation.

XII. DISMISSAL

A. “Dismissal” means the denial of the current educational program to any student, including exclusion, expulsion, and suspension.  Dismissal does not include removal from class.

The school district shall not deny due process or equal protection of the law to any student involved in a dismissal proceeding which may result in suspension, exclusion or expulsion.

The school district shall not dismiss any student without attempting to provide alternative educational services before dismissal proceedings, except where it appears that the student will create an immediate and substantial danger to self or to surrounding persons or property.

B. Violations leading to suspension, based upon severity, may also be grounds for actions leading to expulsion, and/or exclusion.  A student may be dismissed on any of the following grounds:

  1. Willful violation of any reasonable School Board regulation, including those found in this policy;
  2. Willful conduct that significantly disrupts the rights of others to an education, or the ability of school personnel to perform their duties or school-sponsored extracurricular activities; or
  3. Willful conduct that endangers the student or other students or surrounding persons, including school district employees or property of the school.

C. Suspension Procedures

  1. “Suspension” means an action by the school administration, under rules promulgated by the School Board, prohibiting a student from attending school for a period of no more than ten (10) school days; provided, however, if a suspension is longer than five (5) school days, the suspending administrator shall provide the superintendent with a reason for the longer term of suspension. This definition does not apply to dismissal for one (1) school day or less where a student with a disability does not receive regular or special education instruction during that dismissal period.
  2. School administration must allow a suspended pupil the opportunity to complete all school work assigned during the period of the pupil's suspension and to receive full credit for satisfactorily completing the assignments. The school administrator or other person having administrative control of the school building or program is encouraged to designate a district or school employee as a liaison to work with the pupil's teachers to allow the suspended pupil to (1) receive timely course materials and other information, and (2) complete daily and weekly assignments and receive teachers' feedback.
  3. If a student’s total days of removal from school exceed ten (10) cumulative days in a school year, the school district shall make reasonable attempts to convene a meeting with the student and the student’s parent or guardian before subsequently removing the student from school and, with the permission of the parent or guardian, arrange for a mental health screening for the student at the parent or guardian’s expense. The purpose of this meeting is to attempt to determine the pupil’s need for assessment or other services or whether the parent or guardian should have the student assessed or diagnosed to determine whether the student needs treatment for a mental health disorder.
  4. The definition of suspension under Minnesota Statutes, section 121A.41, subdivision 10, does not apply to a student's dismissal from school for less than one day, except as provided under federal law for a student with a disability. Each suspension action may include a readmission plan. The plan shall include, where appropriate, a provision for implementing alternative educational services upon readmission which must not be used to extend the current suspension. A readmission plan must not obligate a parent or guardian to provide psychotropic drugs to their student as a condition of readmission. School administration must not use the refusal of a parent or guardian to consent to the administration of psychotropic drugs to their student or to consent to a psychiatric evaluation, screening, or examination of the student as a ground, by itself, to prohibit the student from attending class or participating in a school-related activity or as a basis of a charge of child abuse, child neglect, or medical or educational neglect. The school administration may not impose consecutive suspensions against the same student for the same course of conduct, or incident of misconduct, except where the student will create an immediate and substantial danger to self or to surrounding persons or property or where the school district is in the process of initiating an expulsion, in which case the school administration may extend the suspension to a total of fifteen (15) days. 
  5. A child with a disability may be suspended. When a child with a disability has been suspended for more than five (5) consecutive days or ten (10) cumulative school days in the same year, and that suspension does not involve a recommendation for expulsion or exclusion or other change in placement under federal law, relevant members of the child’s IEP team, including at least one of the child’s teachers, shall meet and determine the extent to which the child needs services in order to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals in the child’s IEP. That meeting must occur as soon as possible but no more than ten (10) days after the sixth (6th) consecutive day of the suspension or the tenth (10th) cumulative day of suspension has elapsed.
  6. The school administration shall implement alternative educational services when the suspension exceeds five (5) days. Alternative educational services may include, but are not limited to, special tutoring, modified curriculum, modified instruction, other modifications or adaptations, instruction through electronic media, special education services as indicated by appropriate assessments, homebound instruction, supervised homework, or enrollment in another district or in an alternative learning center under Minnesota Statutes section 123A.05 selected to allow the student to progress toward meeting graduation standards under Minnesota Statutes section 120B.02, although in a different setting.
  7. The school administration shall not suspend a student from school without an informal administrative conference with the student. The informal administrative conference shall take place before the suspension, except where it appears that the student will create an immediate and substantial danger to self or to surrounding persons or property, in which case the conference shall take place as soon as practicable following the suspension. At the informal administrative conference, a school administrator shall notify the student of the grounds for the suspension, provide an explanation of the evidence the authorities have, and the student may present the student’s version of the facts. A separate administrative conference is required for each period of suspension.
  8. A written notice containing the grounds for suspension, a brief statement of the facts, a description of the testimony, a readmission plan, and a copy of the Minnesota Pupil Fair Dismissal Act, Minnesota Statutes section 21A.40-121A.56, shall be personally served upon the student at or before the time the suspension is to take effect, and upon the student’s parent or guardian by mail within forty-eight (48) hours of the conference (Administrative Procedure 506.3: Notice of Suspension).
  9. The school administration shall make reasonable efforts to notify the student’s parent or guardian of the suspension by telephone as soon as possible following suspension.
  10. In the event a student is suspended without an informal administrative conference on the grounds that the student will create an immediate and substantial danger to surrounding persons or property, the written notice shall be served upon the student and the student’s parent or guardian within forty-eight (48) hours of the suspension. Service by mail shall be complete upon mailing.
  11. Notwithstanding the foregoing provisions, the student may be suspended pending the School Board’s decision in an expulsion or exclusion proceeding, provided that alternative educational services are implemented to the extent that suspension exceeds five (5) days.

D. Expulsion and Exclusion Procedures

  1. “Expulsion” means a School Board action to prohibit an enrolled student from further attendance for up to twelve (12) months from the date the student is expelled. The authority to expel rests with the School Board.
  2. “Exclusion” means an action taken by the School Board to prevent enrollment or re-enrollment of a student for a period that shall not extend beyond the school year. The authority to exclude rests with the School Board.
  3. All expulsion and exclusion proceedings will be held pursuant to and in accordance with the provisions of the Minnesota Pupil Fair Dismissal Act, Minnesota Statutes section 121A.40-121A.56.
  4. No expulsion or exclusion shall be imposed without a hearing unless the right to a hearing is waived in writing by the student and parent or guardian.
  5. The student and parent or guardian shall be provided written notice of the school district’s intent to initiate expulsion or exclusion proceedings. This notice shall be served upon the student and his or her parent or guardian personally or by mail, and shall contain a complete statement of the facts; a list of the witnesses, and a description of their testimony; state the date, time, and place of hearing; be accompanied by a copy of the Pupil Fair Dismissal Act, Minnesota Statutes section 121A.40-121A.56; describe alternative educational services accorded the student in an attempt to avoid the expulsion proceedings, and inform the student and parent or guardian of their right to: (1) have a representative of the student’s own choosing, including legal counsel at the hearing; (2) examine the student’s records before the hearing; (3) present evidence; and (4) confront and cross-examine witnesses. The school district msut advise the student’s parent or guardian that free or low-cost legal assistance may be available and that a legal assistance resource list is available from the Minnesota Department of Education (MDE) and is posted on its website.
  6. The hearing shall be scheduled within ten (10) days of the service of the written notice unless an extension, not to exceed five (5) days, is requested for good cause by the school district, student, parent, or guardian.
  7. All hearings shall be held at a time and place reasonably convenient to the student, parent, or guardian and shall be closed unless the student, parent, or guardian requests an open hearing.
  8. The school district shall record the hearing proceedings at district expense, and a party may obtain a transcript at its own expense.
  9. The student shall have a right to a representative of the student’s own choosing, including legal counsel, at the student’s sole expense. The school district shall advise the student’s parent or guardian that free or low-cost legal assistance may be available and that a legal assistance resource list is available from MDE. The School Board may appoint an attorney to represent the school district in any proceeding.
  10. If the student designates a representative other than the parent or guardian, the representative must have written authorization from the student and the parent or guardian providing them with access to and/or copies of the student’s records.
  11. All expulsion or exclusion hearings shall take place before and be conducted by an independent hearing officer designated by the school district. The hearing shall be conducted in a fair and impartial manner.  Testimony shall be given under oath and the hearing officer shall have the power to issue subpoenas and administer oaths.
  12. At a reasonable time prior to the hearing, the student, parent or guardian, or authorized representative shall be given access to all school district records pertaining to the student, including any tests or reports upon which the proposed dismissal action may be based.
  13. The student, parent or guardian, or authorized representative, shall have the right to compel the presence of any school district employee or agent or any other person who may have evidence upon which the proposed dismissal action may be based, and to confront and cross-examine any witnesses testifying for the school district.
  14. The student, parent or guardian, or authorized representative, shall have the right to present evidence and testimony, including expert psychological or educational testimony.
  15. The student cannot be compelled to testify in the dismissal proceedings.
  16. The hearing officer shall prepare findings and a recommendation based solely upon substantial evidence presented at the hearing, which must be made to the School Board and served upon the parties within two (2) days after the close of the hearing.
  17. The School Board shall base its decision upon the findings and recommendation of the hearing officer and shall render its decision at a meeting held within five (5) days after receiving the findings and recommendation. The School Board may provide the parties with the opportunity to present exceptions and comments to the hearing officer’s findings and recommendation provided that neither party presents any evidence not admitted at the hearing. The decision by the School Board must be based on the record, must be in writing, and must state the controlling facts on which the decision is made in sufficient detail to apprise the parties and the Commissioner of Education (Commissioner) of the basis and reason for the decision.
  18. A party to an expulsion or exclusion decision made by the School Board may appeal the decision to the Commissioner within twenty-one (21) calendar days of School Board action pursuant to Minnesota Statutes section 121A.49. The decision of the School Board shall be implemented during the appeal to the Commissioner.
  19. The school district shall report any suspension, expulsion, or exclusion action taken to the appropriate public service agency when the student is under the supervision of such agency.
  20. The school district must report, through the MDE electronic reporting system, each expulsion or exclusion within thirty (30) days of the effective date of the action to the Commissioner. This report must include a statement of alternative educational services given to the student and the reason for, the effective date, and the duration of the exclusion or expulsion. The report must also include the student’s age, grade, gender, race, and special education status. The dismissal report must include state student identification numbers of affected students.
  21. Whenever a student fails to return to school within ten (10) school days of the termination of dismissal, a school administrator shall inform the student and his/her parent or guardian by mail of the student’s right to attend and to be reinstated in the school district.

XIII. ADMISSION OR READMISSION PLAN

A school administrator shall prepare and enforce an admission or readmission plan for any student who is excluded or expelled from school. The plan may include measures to improve the student’s behavior, including completing a character education program consistent with Minnesota Statutes section 120B.232, Subdivision 1, and require parental involvement in the admission or readmission process, and may indicate the consequences to the student of not improving the student’s behavior. The readmission plan must not obligate parents to provide a sympathomimetic medication for their child as a condition of readmission.

XIV. NOTIFICATION OF POLICY VIOLATIONS

Notification of any violation of this policy and resulting disciplinary action shall be as provided herein, or as otherwise provided by the Pupil Fair Dismissal Act or other applicable law. The teacher, building administrator, or other school district official may provide additional notification as deemed appropriate.

In addition, the school district must report, through the MDE electronic reporting system, each physical assault of a school district employee by a student within thirty (30) days of the assault. This report must include a statement of the alternative educational services or other sanction, intervention, or resolution given to the student in response to the assault and the reason for, the effective date, and the duration of the exclusion or expulsion or other sanction, intervention, or resolution. The report must also include the student’s age, grade, gender, race, and special education status.

XV. STUDENT DISCIPLINE RECORDS

The policy of the school district is that complete and accurate student discipline records be maintained. The collection, dissemination, and maintenance of student discipline records shall be consistent with applicable school district policies and federal and state law, including the Minnesota Government Data Practices Act, Minnesota Statutes chapter 13.

XVI. STUDENTS WITH DISABILITIES

Students who are currently identified as eligible under the IDEA or Section 504 will be subject to the provisions of this policy unless the student’s IEP or 504 plan specifies a necessary modification.

Before initiating an expulsion or exclusion of a student with a disability, relevant members of the child’s IEP team and the child’s parent shall, consistent with federal law, conduct a manifestation determination and determine whether the child’s behavior was (i) caused by or had a direct and substantial relationship to the child’s disability and (ii) whether the child’s conduct was a direct result of a failure to implement the child’s IEP.  If the student’s educational program is appropriate and the behavior is not a manifestation of the student’s disability, the school district will proceed with discipline – up to and including expulsion – as if the student did not have a disability unless the student’s educational program provides otherwise.  If the team determines that the behavior subject to discipline is a manifestation of the student’s disability, the team shall conduct a functional behavioral assessment and implement a behavioral intervention plan for such student, provided that the school district had not conducted such assessment prior to the manifestation determination before the behavior that resulted in a change of placement.  Where a behavioral intervention plan previously has been developed, the team will review the behavioral intervention plan and modify it as necessary to address the behavior.

When a student who has an IEP is excluded or expelled for misbehavior that is not a manifestation of the student’s disability, the school district shall continue to provide special education and related services during the period of expulsion or exclusion.

XVII. OPEN-ENROLLED STUDENTS

The school district may terminate the enrollment of a nonresident student enrolled under an Enrollment Option Program  (Minnesota Statutes section 124D.03) or Enrollment in Nonresident District (Minnesota Statutes section 124D.08) at the end of a school year if the student meets the definition of a habitual truant, the student has been provided appropriate services for truancy (Minnesota Statutes chapter 260A), and the student’s case has been referred to juvenile court. The school district may also terminate the enrollment of a nonresident student over the age of seventeen (17) enrolled under an Enrollment Options Program if the student is absent without lawful excuse for one or more periods on fifteen (15) school days and has not lawfully withdrawn from school.
 

XVIII. DISCIPLINE COMPLAINT PROCEDURE

Students, parents and other guardians, and school staff may file a complaint and seek corrective action when the requirements of the Minnesota Pupil Fair Dismissal Act, including the implementation of the local behavior and discipline policies, are not being implemented appropriately or are being discriminately applied. Minnesota Pupil Fair Dismissal Act. 

The Discipline Complaint Procedure must, at a minimum:

  1. provide procedures for communicating this policy including the ability for a parent to appeal a decision under Minnesota Statutes, section 121A.49 that contains explicit instructions for filing the complaint. The procedures of the Pupil Fair Dismissal Act will be followed. (Discipline Complaint Procedure 506.4) and (Discipline Complaint Form 506.5);
  2. provide an opportunity for involved parties to submit additional information related to the complaint;
  3. provide a procedure to begin to investigate complaints within three school days of receipt, and identify personnel who will manage the investigation and any resulting record and are responsible for keeping and regulating access to any record. The procedures of the Pupil Fair Dismissal Act will be followed. (Discipline Complaint Procedure 506.4);
  4. provide procedures for issuing a written determination to the complainant that addresses each allegation and contains findings and conclusions. The procedures of the Pupil Fair Dismissal Act will be followed. (Discipline Complaint Procedure 506.4);
  5. if the investigation finds the requirements of Minnesota Statutes, sections 121A.40 to 121A.61, including any local policies that were not implemented appropriately, contain procedures that require a corrective action plan to correct a student’s record and provide relevant staff with training, coaching, or other accountability practices to ensure appropriate compliance with policies in the future; and
  6. prohibit reprisals or retaliation against any person who asserts, alleges, or reports a complaint, and provide procedures for applying appropriate consequences for a person who engages in reprisal or retaliation.
XIX. DISTRIBUTION OF POLICY
 
Moorhead School Board Policy 551: Student Discipline and Administrative Procedure 506.1: Discipline Procedures will be reviewed by all staff and students at the beginning of each school year and to all new students and parents/guardians upon enrollment. This policy will also be available upon request in each building administrator's office and the district website (www.moorheadschools.org).
 
XVI. REVIEW OF THE POLICY
 
The building administrator or other person having general control and supervision of the school and representatives of parents/guardians, students, and staff in a school building shall confer at least annually to review the discipline policy and to assess whether the policy has been enforced. Any recommended changes shall be submitted to the Superintendent for consideration by the Moorhead School Board which shall conduct an annual review of the district-wide discipline policy.
 
 
Legal References:
Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)
Minn. Stat. 120B.02 (Educational Expectations for Minnesota Students)
Minn. Stat. 120B.232 (Character Development Education)
Minn. Stat. 121A.26 (School Preassessment Teams)
Minn. Stat. 121A.29 (Reporting; Chemical Abuse)
Minn. Stat. 121A.40-121A.56 (Pupil Fair Dismissal Act)
Minn. Stat. 121A.575 (Alternatives to Pupil Suspension)
Minn. Stat. 121A.582 (Reasonable Force)
Minn. Stat. 121A.60-121A.61 (Removal From Class)
Minn. Stat. 122A.42 (General Control of Schools)
Minn. Stat. 123A.05 (Area Learning Center Organization)
Minn. Stat. 124D.03 (Enrollment Options Program)
Minn. Stat. 124D.08 (Enrollment in Nonresident District)
Minn. Stat. Ch. 125A (Students With Disabilities)
Minn. Stat. 152.22 (Medical Cannabis; Definitions)
Minn. Stat. 152.23 (Medical Cannabis; Limitations)
Minn. Stat. Ch. 260A (Truancy)
Minn. Stat. Ch. 260C (Juvenile Court Act)
20 U.S.C. 1400-1487 (Individuals with Disabilities Education Improvement Act of 2004)
29 U.S.C. 794 et seq. (Rehabilitation Act of 1973, 504)
34 C.F.R. 300.530(e)(1) (Manifestation Determination)
 
Cross References:
MSBA/MASA Model Policy 506 (Student Discipline)
Moorhead School Board Policy 417: Chemical Use and Abuse
Moorhead School Board Policy 503: School District Student Attendance
Moorhead School Board Policy 507: Corporal Punishment
Moorhead School Board Policy 413: Prohibition of Harassment and Violence
Moorhead School Board Policy 526: Hazing Prohibition
Moorhead School Board Policy 418: Drug-Free Workplace/Drug-Free School
Moorhead School Board Policy 419: Tobacco-Free Environment
Moorhead School Board Policy 502: Search of Student Lockers, Desks, Personal Possessions, and Student's Person
Moorhead School Board Policy 527: Student Use and Parking of Motor Vehicles, Patrols, Inspections and Searches
Moorhead School Board Policy 501: Moorhead Area Public School District Weapons Policy
Moorhead School Board Policy 504: Student Dress and Appearance
Moorhead School Board Policy 514: Bullying Prohibiting 
Moorhead School Board Policy 709: Student Transportation Safety
Moorhead School Board Policy 730: School District Copyright Policy
Moorhead School Board Policy 524: Moorhead Area Public Schools Electronic Network and Systems Responsible Use and Safety
Student Dress and Appearance
Type: School Board Policy
Section: 500 STUDENTS
Code: 504
Adopted Date: 8/11/2003
Revised Date(s): 06/11/2007, 12/13/2010, 12/15/2014, 06/25/2018, 10/08/2020, 04/11/2023, 08/29/2023
Reviewed Date(s): 06/11/2007, 12/13/2010, 12/15/2014, 06/25/2018, 09/14/2020, 09/16/2020, 10/08/2020, 03/17/2023, 04/11/2023, 08/29/2023
Attachments:

I. PURPOSE

The purpose of this policy is to enhance the education of Moorhead Area Public School K-12 students by establishing expectations of dress and grooming that are related to educational goals and community standards.

II. GENERAL STATEMENT

A. The policy of Moorhead Area Public Schools is to encourage students to be dressed appropriately for the school day and any school-sponsored event. Appropriate dress is the primary responsibility of the student and the student's parent(s)/guardian(s). The school district is responsible for seeing that student attire does not interfere with the health or safety of any student, that student attire does not contribute to a hostile or intimidating atmosphere for any student, and that dress code enforcement does not reinforce or increase marginalization or oppression of any protected group.

B. The following is expected at all times:

1. A shirt (with opaque fabric in the front, back, and sides under the arms);
2, Pants/Jeans or the equivalent (skirt, sweatpants, leggings, dress, or shorts); and
3. Shoes.
 
C. Appropriate clothing includes, but is not limited to, the following:

1. Clothing appropriate for the school day and school-sponsored activities.
2. Clothing that does not create a health or safety hazard.
3. Clothing appropriate for the activity (i.e., physical education or the classroom or cocurricular activity).
4. Hair, including but no limited to hair texture and hair styles such as braids, locks, and twists.
 
D. Inappropriate clothing includes, but is not limited to, the following:

1. Clothing that exposes visible undergarments and other clothing that is not in keeping with community standards.
2. Clothing bearing a message that contains violent language or images, profanity, obscenity, or pornography.
3. Apparel promoting products or activities that are illegal for use by minors.
4. Objectionable emblems, badges, symbols, signs, words, objects, or pictures on clothing or jewelry communicating a message that is racist, sexist, or otherwise derogatory to a protected minority group, evidence gang membership or affiliation, or approves, advances or provokes any form of religious, racial or sexual harassment and/or violence against other individuals as defined in Moorhead School Board Policy 413: Prohibition of Harassment and Violence.
5. Any apparel or footwear that would damage school property or could be used as a weapon.


E. Headgear, including hats or head coverings, are not allowed in the building except with the approval of the building administrator for reasons including but not limited to students undergoing chemotherapy, medical situations, student religious practice or belief, or class outside the building).

F. The intention of this policy is not to abridge the rights of students to express political, religious, philosophical, or similar opinions by wearing apparel on which such messages are stated. Such messages are acceptable as long as they are not lewd, vulgar, obscene, defamatory, profane, or do not advocate violence or harassment against others.

G. "Gang," as defined in this policy, means any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more criminal acts, which has an identifiable name or identifying sign or symbol, and whose members individually or collectively engage in or whose members engaged in a pattern of criminal gang activity. "Pattern of gang activity" means the commission, attempt to commit, conspiring to commit, or solicitation of two or more criminal acts, provided the criminal acts were committed on separate dates or by two or more persons who are members of or belong to the same criminal street gang.

III. PROCEDURES

A. When, in the judgment of the administration, a student's appearance, grooming, or mode of dress interferes with or disrupts the educational process or school activities, or poses a threat to the health or safety of the student or others, the student will be provided one of the following options:
 
1. Students will be asked to put on their own alternative clothing, if available at school, to be dressed according to policy for the remainder of the day.
2. Students will be provided with temporary school clothing to be dressed more to code for the remainder of the day.
3. The student’s parent or guardian will be contacted to bring alternative clothing for the student to wear for the remainder of the day.

B. The administration may recommend a form of dress considered appropriate for a specific event and communicate the recommendation to students and parent(s)/guardian(s). Moorhead Area Public Schools will not prohibit an American Indian student from wearing American Indian regalia, Tribal regalia, or objects of cultural significance at graduation ceremonies.

C. Likewise, an organized student group may recommend a form of dress for students considered appropriate for a specific event and make such a recommendation to the administration for approval.

D. No student will be affected by dress code enforcement based on a person's race, color, creed, religion, national origin, sex, age, marital status, familial status, or status with regard to public assistance, sexual orientation, or disability.
 

Legal References:
U. S. Const., amend. I
Minn. Stat. 124D.792 (Graduation Ceremonies, Tribal Regalia, and Objects of Cultural Significance)
Minn. Stat. 363A.03, Subd. 36a (Definition)
Tinker v. Des Moines Indep. Sch. Dist., 393 U.S. 503 (1969)
Stephenson v. Davenport Cmty. Sch. Dist., 110 F.3d 1303 (8th Cir. 1997)
D.B. ex rel. Brogdon v. Lafen, 217 Fed.Appx. 518 (6th Cir. 2007)
B.W.A. v. Farmington R-7 Sch. Dist., 554 F.3d 734 (8th Cir. 2009)
Madrid v. Anthony, 510 F.Supp.2d 425 (S.D. Tex. 2007)
Lowry v. Watson Chapel Sch. Dist., 540 F.3d 752 (8th Cir. 2008)
Hicks v. Halifax County Bd. of Educ., 93 F.Supp.2d 649 (E.D. N.C. 1999)
McIntire v. Bethel School, Indep. Sch. Dist. No. 3, 804 F. Supp. 1415 (W.D. Okla. 1992)
Olesen v. Bd. of Educ. of Sch. Dist. No. 228, 676 F.Supp. 820 (N.D. Ill. 1987)
B.H. ex rel. Hawk v. Easton Area School Dist., 725 F.3d 293 (3rd Cir. 2013)
Hardwick v. Heyward, 711 F.3d 426 (4th Cir. 2013)

Cross References:
Moorhead School Board Policy 413: Prohibition of Harassment and Violence
Moorhead School Board Policy 506: Student Discipline
Moorhead School Board Policy 526: Hazing Prohibition 
MSBA/MASA Model Policy 504 (Student Dress and Appearance) 

Student Immunization Requirements
Type: School Board Policy
Section: 500 STUDENTS
Code: 530
Adopted Date: 6/1/2001
Revised Date(s): 02/11/2008, 06/14/2010, 01/27/2014, 11/11/2019, 12/11/2019, 12/13/2022
Reviewed Date(s): 04/11/2005, 04/09/2007, 02/11/2008, 12/08/2008, 06/14/2010, 01/27/2014, 12/12/2016, 11/11/2019, 12/11/2019, 11/18/2022, 12/13/2022
Attachments:

I. PURPOSE

The purpose of this policy is to require that all students receive the proper immunizations as mandated by law to ensure the health and safety of all students.

II. GENERAL STATEMENT

Moorhead Area Public Schools will work cooperatively with the Clay County Public Health Department and adhere to Minnesota Statutes to ensure all students receive necessary immunizations. All students are required to provide proof of immunization or appropriate documentation exempting the student from such immunization, and such data as necessary to ensure that the student is free from any communicable diseases, as a condition of enrollment.

III. STUDENT IMMUNIZATION REQUIREMENTS

A. No student may be enrolled or remain enrolled, on a full-time, part-time, or shared-time basis, in any elementary or secondary school within the school district until the student or the student's parent(s)/guardian(s) has submitted to the Superintendent or designee the required proof of immunization. Prior to the student's first date of attendance, the student or the student's parent(s)/guardian(s) shall provide to the Superintendent or designee one of the following statements:

1. A statement, from a physician, advanced practice registered nurse, physician assistant, or a public clinic which provides immunizations (hereinafter "medical statement"), affirming that the student received the immunizations required by law, consistent with medically acceptable standards; or

2. A medical statement, affirming that the student received the primary schedule of immunizations required by law and has commenced a schedule of the remaining required immunizations, indicating the month, day and year each immunization was administered, consistent with medically acceptable standards.

B. The statement of a parent/guardian of a student or an emancipated student may be substituted for the medical statement. If such a statement is substituted, this statement must indicate the month, day and year each immunization was administered. Upon request, the Superintendent or designee will provide information to the parent(s)/guardian(s) of a student or an emancipated student of the dosages required for each vaccine according to the age of the student.

C. The parent(s)/guardian(s) of persons receiving instruction in a home school shall submit one of the statements set forth in Section III. A. or III. B. above or statement of immunization set forth in Section IV. to the Superintendent or designee of the school district by October 1 of the first year of their home schooling in Minnesota and the grade 7 year.

D. When there is evidence of the presence of a communicable disease, or when required by any state or federal agency and/or state or federal law, students and/or their parents/guardians may be required to submit such other health care data as necessary to ensure that the student has received any necessary immunizations and/or is free of any communicable diseases. No student may be enrolled or remain enrolled in any elementary or secondary school within the school district until the student or the student's parent(s)/guardian(s) has submitted the required data.

E. The school district may allow a student transferring into a school a maximum of 30 days to submit a statement specified in Section III. A. or III. B. above or Section IV. below. Students who do not provide the appropriate proof of immunization or the required documentation related to an applicable exemption of the student from the required immunization within the specified time frames shall be excluded from school until such time as the appropriate proof of immunizations or exemption documentation has been provided.
 
F. If a person who is not a Minnesota resident enrolls in a school district online learning course or program that delivers instruction to the person only by computer and does not provide any teacher or instructor contact time or require classroom attendance, the person is not subject to the immunization statement, and other requirements of this policy.
 

IV. EXEMPTIONS FROM IMMUNIZATION REQUIREMENTS

Students will be exempt from the foregoing immunization requirements under the following circumstances:

A. The parent(s)/guardian(s) of a minor student or an emancipated student submits a signed medical statement  affirming that the immunization of the student is contraindicated for medical reasons or the laboratory confirmation of the presence of adequate immunity exists; or

B. The parent(s)/guardian(s) of a minor student or an emancipated student submits his or her notarized statement stating the student has not been immunized because of the conscientiously held beliefs of the parent(s), guardian(s) or student.

V. NOTICE OF IMMUNIZATION REQUIREMENTS

A. The school district has developed and implemented a procedure to:

1. Notify parent(s)/guardian(s) and students of the immunization and exemption requirements by use of a form approved by the Department of Health;
 
2. Notify parents and students of the consequence for failure to provide required documentation regarding immunizations;

 

3. Review student health records to determine whether the required information has been provided; and


4. Make reasonable arrangements to send a student home when the immunization requirements have not been met and advise the student and/or the student's parent(s)/guardian(s) of the conditions for re-enrollment.

B. The notice provided shall contain written information describing the exemptions from immunization as permitted by law. The notice shall be in a font size at least equal to the font size and style as the immunization requirements and on the same page as the immunization requirements.

VI. IMMUNIZATION RECORDS

A. Moorhead Area Public Schools will maintain a file containing the immunization records for each student in attendance at the school district for at least five years after the student attains the age of majority.

B. Upon request, the school district may exchange immunization data with persons or agencies providing services on behalf of the student without the consent of the student's parent(s)/guardian(s). Under all other circumstances, immunization data is private student data and disclosure of such data shall be governed by Moorhead School Board Policy 504: Protection and Privacy of Student Records and state statute.

C. The designated school administrator will assist a student and/or the student's parent(s)/guardian(s) in the transfer of the student's immunization file to the student's new school within 30 days of the student's transfer.

D. Upon request of a public or private postsecondary educational institution, the Superintendent or designee will assist the transfer of the student's immunization file to the postsecondary educational institution.

VII. OTHER

Within 60 days of the commencement of each new school term, the school district will forward a report to the Commissioner of the Department of Education stating the number of students attending each school in the school district, including the number of students receiving instruction in a home school, the number of students who have not been immunized, and the number of students who received an exemption. The school district also will forward a copy of all exemption statements received by the school district to the Commissioner of the Department of Health.


Legal References:
Minn. Stat. 13.32 (Educational Data)
Minn. Stat. 121A.15 (Health Standards; Immunizations; School Children)
Minn. Stat. 121A.17 (School Board Responsibilities)
Minn. Stat. 144.29 (Health Records; Children of School Age)
Minn. Stat. 144.3351 (Immunization Data)
Minn. Stat. 144.441 (Tuberculosis Screening in Schools)
Minn. Stat. 144.442 (Testing in Schools) 
McCarthy v. Ozark Sch. Dist., 359 F. 3d 1029 (8th Cir. 2004) 
Op. Atty. Gen. 169-W (Jan. 17, 1968) 
Op. Atty. Gen. 169-W (July 23, 1980) 
Minn. Rules Parts 4604.0100-4604.1000 (Immunization)
 
Cross References: 
Moorhead School Board Policy 425: Health and Safety Protection
Moorhead School Board Policy 504: Protection and Privacy of Student Records
Moorhead School Board Policy 551: Student Discipline
Moorhead School Board Policy 608: Home-Schooled Students
MSBA/MASA Model Policy 530 (Immunization Requirements)
Student Maltreatment Reporting Form
Type: Administrative Procedure
Section: 400 EMPLOYEES/PERSONNEL
Code: 414.1
Adopted Date: 4/9/2007
Revised Date(s): 05/14/2012, 06/08/2015, 02/12/2018, 02/26/2020
Reviewed Date(s): 11/11/2009, 05/14/2012, 06/08/2015, 12/15/2015, 06/13/2016, 12/12/2016
Attachments:

Minnesota Department of Education - Student Maltreatment Reporting Form

Student Medication
Type: School Board Policy
Section: 500 STUDENTS
Code: 516
Adopted Date: 10/24/1989
Revised Date(s): 06/12/2006, 12/14/2009, 05/09/2011, 06/08/2015, 12/12/2016, 12/13/2022
Reviewed Date(s): 11/23/1993, 01/12/1998, 11/12/2001, 06/12/2006, 12/14/2009, 05/09/2011, 06/08/2015, 12/12/2016, 12/12/2019, 11/18/2022, 12/13/2022
Attachments:

I. PURPOSE

The purpose of this policy is to set forth the provisions that must be followed when administering medication to students at school.

II. GENERAL STATEMENT

The school district acknowledges that some students may require prescribed drugs or medication during the school day. The school district's licensed school nurse, trained health assistant, building administrator, teacher or other trained staff will administer prescribed medications, except any form of medical cannabis, in accordance with law and school district procedures.

III. REQUIREMENTS

A. The administration of prescription medication or drugs at school requires a completed, signed request from the student's parent(s)/guardian(s). An oral request must be reduced to writing within two school days, provided that the school district may rely on an oral request until a written request is received. Please refer to Administrative Procedures 516.1: Administering Medications in School and 516.3: Administering Prescribed Medical Procedures and Treatments in School, and 516.4: Provider's Order of Prescribed Services (PPS).

B. Administration of prescription medication by school personnel must be done according to the written order of a licensed prescriber and the written authorization of a parent or guardian (refer to Administrative Procedure 516.3: Administering Prescribed Medical Procedures and Treatments in School). Prescription medication as used in this policy does not include any form of medical cannabis as defined in Minn. Stat. 152.22, Subd. 6. Nonprescription medications do not require a prescriber's signature but do require a parent or guardian's signature. The "Medication Request Form" (Administrative Procedure 516.2) for the administration of medication is available at the building administrator's office or health office of each school. A medication form must be completed annually (once per school year) and/or when a change in the prescription or requirements for administration occurs.

C. Prescription medication must be brought to school in the original container labeled for the student by a pharmacist in accordance with law and administered in a manner consistent with the instructions on the label. Medication that may be purchased without a prescription must be brought to school in the original container labeled with the student's name and dosage.

D. The school nurse may request to receive further information about the prescription, if needed, prior to administration of the medication.

E. Prescription medications are not to be carried by the student but will be left with the appropriate school district personnel. Exceptions to this requirement are prescription asthma medications self-administered with an inhaler (see Part K.4 below), epinephrine autoinjectors (Part K.7), and medications administered as noted in a written agreement between the school district and the parent or as specified in an IEP (Individualized Education Program), Section 504 plan, or IHP (Individual Health Plan).

F. The school must be notified immediately by the parent or student 18 years old or older in writing of any change in the student's prescription medication administration. A new medical authorization and  container label with new pharmacy instructions shall be required immediately as well. 
 
G. For drugs or medicine used by children with a disability, administration may be as provided in the IEP, section 504 plan, or IHP.

H. The administration of medication to students on field trips and during extracurricular activities shall be done as follows:

1. If the student is to self-administer medication, the same procedure shall be in effect as for the regular school day.

2. Any medication to be administered to a student while on a field trip or during extracurricular activities will be kept in the possession of staff assigned to administer the medication and accompanying a student on the trip.
 
3. All medication must be clearly marked with the student's name, the medication name, and directions as to the dosage, time and method of administration.

I. For each student whose health condition requires prescribed emergency medication, a written Emergency Plan will be formulated by the parent, student, teacher, and licensed school nurse. The plan shall include the written order of the student's physician and should identify which trained school personnel can give emergency medication to the student.
 
J. Procedures for administration of drugs and medicine at school and school activities shall be developed in consultation with the licensed school nurse. Such guidelines and procedures shall be an addendum to this policy. 

K. Specific Exceptions:

1. Special health treatments such as catheterization, tracheostomy suctioning, and gastrostomy feeding do not constitute administration of drugs or medicine. Such treatments are delegated medical functions. The treatments require a physician's written order, written parent permission and should be included in the student's Individualized Health Plan.

2. Emergency health procedures, including emergency administration of drugs and medicine, are not subject to this policy; 
 
3. Drugs or medicine provided or administered by a public health agency to prevent or control an illness or a disease outbreak are not governed by this policy;
 
4. Drugs or medicines used at school in connection with services for which a minor may give effective consent are not governed by this policy; 

5. Medicines that are prescription asthma or reactive airway disease medications can be self-administered by a student with an asthma inhaler if:

a.  the school district has received written authorization from the pupil's parent and prescriber permitting the student to self-administer the medication;

b. the inhaler is properly labeled for that student; and

c. the parent has not requested school personnel to administer the medication to the student.

The parent must submit written authorization for the student to self-administer the medication each school year.

The school nurse or other appropriate party must assess the student's knowledge and skills to safely possess and use an asthma inhaler in a school setting and enter into the student's school health record a plan to implement safe possession and use of asthma inhalers if the prescriber has not already assessed and documented this.

6. Medications:

a. that are used off school grounds;

b. that are used in connection with athletics or extracurricular activities; or

c. that are used in connection with activities that occur before or after the regular school day are not governed by this policy.

7. Nonprescription Medications: A secondary student may possess and use nonprescription pain relief in a manner consistent with the labeling if the school district has received written authorization from the student’s parent or guardian permitting the student to self-administer the medication. The parent or guardian must submit written authorization for the student to self-administer the medication each school year. The school district may revoke the student’s privilege to possess and use nonprescription pain relievers if the school district determines that the student is abusing the privilege. This provision does not apply to the possession or use of any drug or product containing ephedrine or pseudoephedrine as its sole active ingredient or as one of its active ingredients.

8. At the start of each school year or at the time a student enrolls in school, whichever is first, a student’s parent, school staff, including those responsible for student health care, and prescribing medical professional must develop and implement an individualized written health plan for a student who is prescribed epinephrine auto-injectors that enable the student to:

a. the student may possess epinephrine; or

b. if the parent and prescribing medical professional determine the student is unable to possess the epinephrine, have immediate access to epinephrine in close proximity to the student at all times during the instructional day.

9. A student may possess and apply a topical sunscreen product during the school day while on school property or at a school-sponsored event without a prescription, physician's note, or other documentation from a licensed healthcare professional. School personnel are not required to provide sunscreen or assist students in applying sunscreen.

The plan must designate the school staff responsible for implementing the student’s health plan, including recognizing anaphylaxis and administering epinephrine auto-injectors when required, consistent with state law. This health plan may be included in a student’s 504 plan.

L. "Parent" for students 18 years old or older is the student. 
 
M. Districts and schools may obtain and possess epinephrine auto-injectors to be maintained and administered by school personnel to a student or other individual if, in good faith, it is determined that person is experiencing anaphylaxis regardless of whether the student or other individual has a prescription for an epinephrine auto-injector. The administration of an epinephrine auto-injector in accordance with this section is not the practice of medicine.
 
N. Procedure regarding unclaimed drugs or medications will be provided in Administrative Procedure 532.5.
 

Legal References:
Minn. Stat. 13.32 (Student Health Data)
Minn. Stat. 121A.21 (Hiring of Health Personnel)
Minn. Stat. 121A.22 (Administration of Drugs and Medicine)
Minn. Stat. 121A.221 (Possession and Use of Asthma Inhalers by Asthmatic Students)
Minn. Stat. 121A.222 (Possession and Use of Nonprescription Pain Relievers by Secondary Students)
Minn. Stat. 121A.2205 (Possession and Use of Epinephrine)
Minn. Stat. 151.212 (Label of Prescription Drug Containers)
Minn. Stat. 152.22 (Medical Cannabis; Definitions)
Minn. Stat. 152.23 (Medical Cannabis; Limitations)
20.U.S.C. 1400, et seq. (Individuals with Disabilities Education Act of 2004)
29 U.S.C. 794 et seq. (Rehabilitation Act of 1973, 504)

Cross References:
Moorhead School Board Policy 572: Drug-Free Workplace/Drug-Free School
MSBA/MASE Model Policy 516 (Student Medication)
Student Parental, Family and Marital Status Nondiscrimination
Type: School Board Policy
Section: 500 STUDENTS
Code: 528
Adopted Date: 2/11/2002
Revised Date(s): 04/10/2006, 12/14/2009, 06/14/2010, 01/27/2014, 06/12/2017, 03/18/2020, 10/08/2020, 01/16/2023, 02/14/2023
Reviewed Date(s): 04/10/2006, 12/14/2009, 06/14/2010, 01/27/2014, 06/12/2017, 09/14/2020, 10/08/2020, 02/14/2023
Attachments:

I. PURPOSE

The purpose of this school district policy is to provide equal educational opportunity for all students and to prohibit discrimination on the grounds of sex, parental, family, or marital status. 

II. GENERAL STATEMENT

A. Students are protected from discrimination on the basis of sex and marital status pursuant to Title IX of the Education Amendments of 1972 and the Minnesota Human Rights Act. This includes discrimination on the basis of pregnancy.

B. Moorhead Area Public Schools provides equal educational opportunity for all students and will not apply any rule concerning a student's actual or potential parental, family, or marital status which treats students differently on the basis of sex.

C. Moorhead Area Public Schools will not discriminate against any student, or exclude any student from its education programs or activities, including any class or extracurricular activity, on the basis of such students' pregnancy, childbirth, false pregnancy, termination of pregnancy or recovery therefrom, unless the student requests voluntarily to participate in a separate portion of the program or activity of the recipient.

D. Moorhead Area Public Schools may require such a student to obtain the certification of a physician that the student is physically and emotionally able to continue participation in the normal education program or activity so long as such a certification is required of all students for other physical or emotional conditions requiring the attention of a physician.

E. Moorhead Area Public Schools will ensure that any separate and voluntary instructional program is comparable to that offered to non-pregnant students.

F. It is the responsibility of every school district employee to comply with this policy.

G. The Moorhead School Board has designated the Assistant Superintendent of Business and Administrative Services as its Title IX Coordinator. This employee coordinates the school district's efforts to comply with and carry out its responsibilities under Title IX. 
Kristin Dehmer
MAPS Operations Center 
1313 30th Avenue South
Moorhead, MN 56560 

H. Any student, parent, or guardian having questions regarding the application of Title IX and its regulations and/or this policy should discuss them with the building administrator and/or Title IX coordinator. Questions relating solely to Title IX and its regulations may be referred to the Assistant Secretary for Civil Rights of the United States Department of Education. Any further inquiry or complaint should be referred to the district's Superintendent and/or the district's human rights officer.

I. Any reports of unlawful discrimination under this policy will be handled, investigated, and acted upon in the manner specified in district policy.


Legal References:
Minn. Stat. 363.01 et seq. (Minnesota Human Rights Act)
20 U.S.C. 1681-1688 (Title IX of the Education Amendments of 1972)
34 C.F.R. Part 106 (Implementing Regulations of Title IX)

Cross References:
Moorhead School Board Policy 501: Equal Educational Opportunity
Moorhead School Board Policy 502: Student Disability Nondiscrimination
Moorhead School Board Policy 570: Prohibition of Harassment and Violence
Moorhead School Board Policy 578: Prohibiting Intimidation and Bullying
MSBA/MASA Model Policy 528 (Student Parental, Family and Marital Status Nondiscrimination) 
Student Promotion, Retention, Acceleration and Program Design
Type: School Board Policy
Section: 600 EDUCATION PROGRAMS
Code: 641
Adopted Date: 4/24/1984
Revised Date(s): 02/09/2009, 02/25/2013, 05/01/2019
Reviewed Date(s): 12/01/1990, 05/22/1995, 02/14/2000, 02/28/2005, 02/09/2009, 02/25/2013, 11/09/2015, 09/14/2020
Attachments:

I. PURPOSE

The purpose of this policy is to provide guidance to professional staff, parents/guardians and students regarding student promotion, retention, acceleration and program design.

 
II.  GENERAL STATEMENT

The Moorhead School Board expects all students to achieve at an acceptable level of proficiency. Moorhead Area Public Schools accepts the responsibility to aid the development of each student. Promotion, retention and acceleration shall be made in the best interests of the student after a careful evaluation of all the factors relating to the advantages and disadvantages of the alternatives. The educational programs in our school district are designed to maximize individual growth in the following areas as identified and defined in our school district philosophy:

  • Self-Concept - to understand themselves and appreciation of their worthiness, potential and rights to become meaningful, productive members of society.
  • Human Understanding - to develop a global perspective and the ability to interact, understand and appreciate individual differences in order to become effective citizens of the world.
  • Essential Skills - to assure the mastery of basic communication skills in order to be functionally literate; to be able to think critically in order to solve problems in a constantly changing world; to understand and appreciate the sciences and the arts; and, to demonstrate skills in citizenship, community service and human relations.
  • Creative Development - to have the opportunity and encouragement to be creative and visionary.
  • Environmental Awareness - to exemplify and implant the obligation to protect and preserve the planet on which we live.
  • Joy of Learning - to enhance an eagerness for learning and a positive attitude toward work.
  • Physical and Emotional Well-Being - to procure beneficial health habits and concern for good physical and emotional stability.
  • Self-Sufficiency - to prepare for a productive, honorable and enriched self-sufficient life.
  • Responsible Citizenship - to take actions that ensure their community is safe, healthy and secure and participates in their community to promote personal and public good.

Family assistance, tutorial and remedial programs, counseling and other appropriate services shall be coordinated and utilized to the greatest extent possible to help students succeed in school. 

A. Promotion

Students who achieve at levels deemed acceptable by local and state standards shall be promoted to the next grade level at the completion of each school year. The superintendent’s or designee's decision shall be final.

B. Retention

Retention of a student may be considered when professional staff and parents/guardians feel that it is in the best interest of the student. Physical development, maturity and emotional factors shall be considered as well as scholastic achievement.

 C. Program Design

1. The school district shall develop and implement programs to challenge students that are consistent with the needs of students at every level.  A process to assess and evaluate students for program assignment shall be developed in coordination with such programs. Opportunities for special programs and placement outside of the school district shall also be developed as additional options. All programs will be aligned with creating the World’s Best Workforce. (Refer to Administrative Procedure 641.1.)

2. The school district will adopt guidelines for accessing and identifying students for participation in gifted and talented programs. These procedures will include  
a. multiple objective criteria; and
b. assessments and procedures that are valid and reliable, fair, and based on current theory and research. Assessments and procedures should be sensitive to under-represented groups, including, but not limited to, low-income, minority, twice-exceptional, and English learners.
3. The school district will adopt procedures which describe the comprehensive evaluation in cognitive, social, and emotional development domains to help determine a
child’s ability to meet kindergarten grade expectations and progress to first grade in the subsequent year for early admission to kindergarten or first grade of gifted and talented learners.
The procedures must be sensitive to under-represented groups.
 
 
Legal References:
Minn. Stat. 120B.15 (Gifted and Talented Program)
Minn. Stat. 123B.143, Subd. 1 (Superintendents)
 
Cross References:
Moorhead School Board Policy 103: Philosophy of Education of Moorhead Area Public Schools
Moorhead School Board Policy 104: Mission Statement
Moorhead School Board Policy 513: Early Admissions
Moorhead School Board Policy 501: Equal Educational Opportunity
Moorhead School Board Policy 640: Moorhead Area Public Schools Graduation
Moorhead School Board Policy 653: Credit for Learning of Minnesota Graduation Standards 
Moorhead School Board Policy 656:  GRAD Testing, Accommodations, Modifications, and Exemptions for Individualized Education Programs (IEPs), Section 504 Accommodations and Limited English Proficiency (LEP) Students
Moorhead School Board Policy 660: Moorhead Area Public Schools State Mandated Testing Plan and Procedure
MSBA/MASA Model Policy 613 (Graduation Requirements)
MSBA/MASA Model Policy 614 (School District Testing Plan and Procedure)
MSBA/MASA Model Policy 615 (Testing Accommodations, Modifications, and Exemptions for IEPs, Section 504 Plans, and LEP Students)
MSBA/MASA Model Policy 617 (School District Ensurance of Preparatory and High School Standards)
MSBA/MASA Model Policy 618 (Assessment of Student Achievement) MSBA/MASA Model Policy 620 (Credit for Learning)
 
 
Student Promotion, Retention, and Program Design
Type: School Board Policy
Section: 500 STUDENTS
Code: 513
Adopted Date: 4/8/1980
Revised Date(s): 05/11/2009, 12/10/2012, 11/12/2013, 10/08/2020, 04/11/2023, 08/29/2023
Reviewed Date(s): 01/26/1991, 12/16/1996, 02/12/2001, 07/05/2001, 01/24/2005, 05/11/2009, 12/10/2012, 11/12/2013, 04/10/2017, 09/14/2020, 10/08/2020, 03/17/2023, 04/11/2023, 08/29/2023
Attachments:

I. PURPOSE

 The purpose of this policy is to provide guidance to professional staff, parents/guardians and students regarding student promotion, retention, acceleration, and program design.

II. GENERAL STATEMENT
 
The school board expects all students to achieve at an acceptable level of proficiency. Parental assistance, tutorial and remedial programs, counseling, and other appropriate services shall be coordinated and utilized to the greatest extent possible to help students regarding student promotion, retention, acceleration and program design. 
 
A. Promotion
Students who achieve at levels deemed acceptable by local and state standards shall be promoted to the next grade level at the completion of each school year.
 
B. Retention
Retention of a student may be considered when professional staff and parents feel that it is in the best interest of the student. Physical development, maturity, and emotional factors shall be considered, as well as scholastic achievement. The superintendent's decision shall be final. 
 
C. Program Design
  1. The superintendent, with participation of the professional staff and parents, shall develop and implement programs to challenge students that are consistent with the needs of students at every level. A process to assess and evaluate students for program assignment shall be developed in coordination with such programs. Opportunities for special programs and placement outside of the school district shall also be developed as additional options. All programs will be aligned with creating the World's Best Workforce.
  2. The school district may identify students, locally develop programs and services addressing instructional and affective needs, provide staff development, and evaluate programs to provide gifted and talented students with challenging and appropriate educational programs and services.
  3. The school district must adopt guidelines for assessing and identifying students for participation in gifted and talented programs and services consistent with Minnesota Statutes section 120B.11. The guidelines should include the use of:
          a. multiple objective criteria; and
          b. assessments and procedures that are valid and reliable, fair, and based on current theory and research. Assessments and procedures should be sensitive to under-represented groups, including, but not limited to, low-income, minority, twice-exceptional, and English learners.
  4.  The school district will adopt procedures for the academic acceleration of gifted and talented students. These procedures will include how the school district will:
          a. assess a student's readiness and motivation for acceleration; and
          b. match the level, complexity, and pace of the curriculum to a student to achieve the best type of academic acceleration for that student.
  5. The school district must adopt procedures consistent with Minnesota Statutes section 124D.02 for early admission to kindergarten or first grade of gifted or talented learners consistent with Minnesota Statutes section 120B.11, subdivision 2, clause (2). The procedures must be sensitive to under-represented groups. The procedures are shown in Administrative Procedure 513.1 

Legal References:
Minn. Stat. § 120B.15 (Gifted and Talented Students Program)
Minn. Stat. § 123B.143, Subd. 1 (Superintendents)

Cross References:

MSBA/MASA Model Policy 613 (Graduation Requirements)

MSBA/MASA Model Policy 614 (School District Testing Plan and Procedure)

MSBA/MASA Model Policy 615 (Testing Accommodations, Modifications, and Exemptions for IEPs, Section 504 Plans, and LEP Students)

MSBA/MASA Model Policy 617 (School District Ensurance of Preparatory and High School Standards)

MSBA/MASA Model Policy 618 (Assessment of Student Achievement) MSBA/MASA Model Policy 620 (Credit for Learning)

Student Surveys
Type: School Board Policy
Section: 500 STUDENTS
Code: 520
Adopted Date: 3/8/2004
Revised Date(s): 02/11/2008, 11/12/2013, 09/12/2016, 07/15/2020, 04/11/2023
Reviewed Date(s): 02/11/2008, 11/12/2013, 09/12/2016, 06/10/2020, 03/17/2023, 04/11/2023
Attachments:

I. PURPOSE

The purpose of this policy is to establish the parameters of information that may be sought in student surveys. Moorhead Area Public Schools may utilize surveys to obtain student opinions and information about students.

II. GENERAL STATEMENT

Student surveys may be conducted as determined necessary by the school district. Surveys, analyses, and evaluations conducted as part of any program funded through the U.S. Department of Education must comply with 20 United States Code section 1232h.

III. STUDENT SURVEYS IN GENERAL

A. Student surveys will be conducted anonymously. No mechanism will be used for identifying the participating student in any way. No attempt will be made in any way to identify a student survey participant. There will be no requirement that the student return the survey, and no record of the student returning a survey will be maintained.

B. The Superintendent or designee may choose not to approve any survey for reasons to include seeking probing personal and/or sensitive information that could result in identifying the survey participant, or if the survey is discriminatory in nature based on age, race, color, sex, disability, religion, or national origin. The survey must meet recognized professional standards.

C. Surveys containing questions pertaining to the student's or the student's parent's(s')/guardian's(s') personal beliefs or practices in sex, family life, morality and religion will not be administered to any student unless the parent(s)/guardians(s) of the student is notified in writing that such survey is to be administered and the parent(s)/guardian(s) of the student gives written permission for the student to participate or has the opportunity to opt out of the survey depending upon how the survey is funded. Any and all documents containing the written permission of a parent/guardian for a student to participate in a survey will be maintained by the school district in a file separate from the survey responses.

D. Although the survey is conducted anonymously, potential exists for personally identifiable information to be provided in response thereto. To the extent that personally identifiable information of a student is contained in their responses to a survey, the school district will take appropriate steps to ensure the data is protected in accordance with Minnesota Statutes chapter 13 (Minnesota Government Data Practices Act), 20 United States Code 1232g (Family Educational Rights and Privacy Act) and 34 Code of Federal Regulations Part 99.

E. The school district must not impose an academic or other penalty on a student who opts out of participating in a student survey. 

IV. STUDENT SURVEYS CONDUCTED AS PART OF DEPARTMENT OF EDUCATION PROGRAM

A. All instructional materials, including teacher's manuals, films, tapes, or other supplementary material which will be used in connection with any survey, analysis or evaluation as part of any program funded in whole or in part by the U.S. Department of Education, shall be available for inspection by the parent(s)/guardian(s) of the students.

B. No student shall be required, as part of any program funded in whole or in part by the U.S. Department of Education, without the prior consent of the student (if the student is an adult or emancipated minor), or in the case of an unemancipated minor, without the prior written consent of the parent(s)/guardian(s), to submit to a survey that reveals information concerning:

1. political affiliations or beliefs of the student or the student's parent(s)/guardians(s);

2. mental and psychological problems of the student or the student's family;

3. sex behavior or attitudes;

4. illegal, antisocial, self-incriminating or demeaning behavior;

5. critical appraisals of other individuals with whom respondents have close family relationships;

6. legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers; or

7. religious practices, affiliations, or beliefs of the student or the student's parent(s)/guardian(s); or

8. income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program),

C. A school district that receives funds under any program funded by the U.S. Department of Education shall develop local policies consistent with Sections IV.A. and IV.B., above, concerning student privacy, parent/guardian access to information, and administration of certain physical examinations to minors.

1. The following guidelines are to be adopted in consultation with parent(s)/guardian(s):

a. The right of a parent/guardian to inspect, on request, a survey, including an evaluation, created by a third party before the survey is administered or distributed by a school to a student, including procedures for granting a parent's/guardian's request for reasonable access to such survey within a reasonable period of time after the request is received.

"Parent" means a legal guardian or other person acting in loco parentis (in place of a parent), such as a grandparent or stepparent with whom the child lives, or a person who is legally responsible for the welfare of the child.

b. Arrangements to protect student privacy in the event of the administration or distribution of a survey, including an evaluation, to a student which contains one or more of the items listed in Section IV.B., above, including the right of a parent/guardian of a student to inspect, on request, any such survey.

c. The right of a parent/guardian of a student to inspect, on request, any instructional material used as part of the educational curriculum for the student and procedures for granting a request by a parent/guardian for such access within a reasonable period of time after the request is received.

"Instructional material" means instructional content that is provided to a student, regardless of format, including printed or representational materials, audio-visual materials, and materials in electronic or digital formats (i.e., materials accessible through the Internet). The term does not include academic tests or academic assessments.

d. The administration of physical examinations or screenings that the school district may administer to a student. This provision does not apply to a survey administered to a student in accordance with the Individuals with Disabilities Education Act (20 United States Code 1400 et. seq.).

e. The collection, disclosure, or use of personal information collected from students for the purpose of marketing or for selling that information (or otherwise providing the information to others for that purpose), including arrangements to protect student privacy that are provided by the school district in the event of such collection, disclosure, or use.

(1) "Personal information" means individually identifiable information including a student's or parent's/guardian's first and last name; a home or other physical address (including street name and the name of the city or town); a telephone number; or a Social Security identification number.

(2) This provision does not apply to the collection, disclosure, or use of personal information collected from students for the exclusive purpose of developing, evaluating, or providing educational products or services for, or to, students or educational institutions, such as:

(a) college or other postsecondary education recruitment or military;

(b) book clubs, magazines, and programs providing access to low-cost literary products;

(c) curriculum and instructional materials used by elementary and secondary schools;

(d) tests and assessments used by elementary schools and secondary schools to provide cognitive, evaluative, diagnostic, clinical, aptitude, or achievement information about students, or to generate other statistically useful data for the purpose of securing such tests and assessments and the subsequent analysis and public release of the aggregate data from such tests and assessments;

(e) the sale by students of products or services to raise funds for school-related or education-related activities; and

(f) student recognition programs.

(3) The right of a parent/guardian to inspect, on request, any instrument used in the collection of information, as described in Section IV.C.1., Subparagraph e., above, before the instrument is administered or distributed to a student and procedures for granting a request by a parent/guardian for reasonable access to such an instrument within a reasonable period of time after the request is received.

2. The guidelines adopted under Section IV.C., Subparagraph 1., above, shall provide for reasonable notice of the adoption or continued use of such policies directly to parents/guardians of students enrolled in or served by the school district.

a. The notice will be provided at least annually, at the beginning of the school year, and within a reasonable period of time after any substantive change in a policy.

b. The notice will provide parents/guardians with an opportunity to opt out of participation in the following activities:

(1) Activities involving collection, disclosure, or use of personal information collected from students for the purpose of marketing or for selling that information, or otherwise providing that information to others for that purpose.

(2) The administration of any third-party survey (non-Department of Education funded) containing one or more of the items contained in Section IV.B., above.

(3) Any nonemergency invasive physical examination or screening that is required as a condition of attendance, administered by the school and scheduled by the school in advance, and not necessary to protect the immediate health and safety of the student or other students.

"Invasive physical examination" means any medical examination that involves the exposure of private body parts, or act during such examination that includes incision, insertion, or injection into the body, but does not include a hearing, vision, or scoliosis screening.

c. The notice will advise students of the specific or approximate dates during the school year when the activities in Section IV.C.2. Subparagraph b., above, are scheduled, or expected to be scheduled.

d. The notice provisions shall not be construed to preempt applicable provisions of state law that require parental notification and do not apply to any physical examination or screening that is permitted or required by applicable state law, including physical examinations or screenings that are permitted without parent/guardian notification.

V. NOTICE

A. The school district must give parents/guardians and students notice of this policy at the beginning of the school year and after making substantive changes to this policy.
 
B. The school district must inform parents at the beginning of the school year if the district or school has identified specific or approximate dates for administering surveys and give parents reasonable notice of planned surveys scheduled after the start of the school year. The school district must give parents direct, timely notice when their students are scheduled to participate in a student survey by United States mail, email, or another direct form of communication.
 
C. The school district must give parents the opportunity to review the survey and to opt their students out of participating in the survey.
 
 
Legal References:
Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)
Minn. Stat. 121A.065 (District Surveys to Collect Student Information; Parent Notice and Opportunity for Opting Out)
20 U.S.C. 1232g (Family Educational Rights and Privacy Act)
20 U.S.C. 1232h (Protection of Pupil Rights)
34 C.F.R. Part 99 (Family Educational Rights and Privacy Act Regulations)
Gonzaga University v. Doe, 536 U.S. 273, 122 S.Ct. 2268, 153 L.Ed. 2d 309 (2002)

C.N. v. Ridgewood Bd. of Educ. , 430 F.3d. 159 (3rd Cir. 2005)

Fields v. Palmdale School Dist., 427 F.3d. 1197 (9th Cir. 2005) 
 
Cross References:
Moorhead School Board Policy 501: Equal Educational Opportunity
Moorhead School Board Policy 502: Student Disability Nondiscrimination
Moorhead School Board Policy 503: Student Parental, Family and Marital Status Nondiscrimination
Moorhead School Board Policy 504: Protection and Privacy of Student Records
MSBA/MASA Model Policy 520 (Student Surveys)

MSBA/MASA Model Policy 515 (Protection and Privacy of Pupil Records)

MSBA/MASA Model Policy 521 (Student Disability Nondiscrimination)
MSBA/MASA Model Policy 522 (Student Sex Nondiscrimination)

Student Teachers and Interns
Type: School Board Policy
Section: 900 SCHOOL DISTRICT - COMMUNITY RELATIONS
Code: 921
Adopted Date: 10/10/1972
Revised Date(s): 02/13/2006, 12/14/2009, 04/14/2014, 04/10/2017, 04/21/2020, 05/12/2020
Reviewed Date(s): 11/26/1991, 03/11/1996, 11/13/2000, 02/13/2006, 12/14/2009, 04/14/2014, 04/10/2017, 04/21/2020, 02/14/2023
Attachments:

I. PURPOSE

The purpose of this policy is designed to support the training and development of new educators through agreements between accredited teacher education institutions and the Moorhead Area Public Schools.

II. GENERAL STATEMENT
 
For the purpose of this policy, "student teachers" and "interns" are those college/university-enrolled students assigned to Moorhead Area Public School professional employees for the purposes of furthering the education of the student and fulfill a requirement of the college/university that he/she train under the supervision of a certified/licensed professional for a period of time.  This policy will include, but is not be limited to:

A.  Student teachers assigned to all classroom programs.

B.  Interns who have received an undergraduate degree and are enrolled in university courses requiring supervised practical training, including school social work interns, school psychology interns, and administrative interns.
 
Moorhead Area Public Schools will accept student teachers/interns only at times and in numbers appropriate for the well-being of Moorhead Area Public Schools students. When placing student teachers in the Moorhead Area Public School District, each local college/university will work with the building administrators. A formal contract will be made between the district and university.  Colleges and universities outside the local area should contact the Human Resources Department for copies of a student teaching contract. The Human Resources Department will contact building administrators regarding available placement of student teachers.
 
Each college/university is to send a copy of all student teacher assignments for Moorhead Area Public Schools to the Human Resources Department and building administrator's office prior to the beginning of the district's semester in which the student teacher is to start. The respective college/university will also be required to have the appropriate criminal background check conducted on each student teacher prior to the time the student teacher begins his/her assignment with the Moorhead Area Public Schools. A notarized copy of the results of that background check will be sent to the Director of Human Resources. Moorhead Area Public Schools will retain the option of refusing or terminating any student teaching assignment as a consequence of information available from the background check.

Please refer to Administrative Procedure 921.1 for guidelines.

 
Cross References:
Moorhead School Board Policy 413: Employment Background Checks
Moorhead School Board Policy 414: Employee Public and Private Personnel Data

 

Student Teachers and Internships
Type: Administrative Procedure
Section: 900 SCHOOL DISTRICT - COMMUNITY RELATIONS
Code: 921.1
Adopted Date: 1/23/2005
Revised Date(s): 11/13/2009, 12/14/2009, 04/14/2014, 04/10/2017
Reviewed Date(s): 12/14/2009, 04/14/2014, 04/10/2017
Attachments:

I.  PURPOSE

The purpose of this policy is to define school district procedure in accepting and supporting student teachers and interns.

II.  GENERAL STATEMENT

A.  This policy will provide that an applicant for a student teaching opportunity in the district shall meet all requirements of the cooperating teacher preparation institution for participation in its student teacher program.

B.  The school district reserves the right to deny a student teaching opportunity to an applicant who is not qualified, or for whom there is no student teaching position available, or for whom no supervising teacher is available.

C.  During the course of the student teaching experience, a student teacher shall be given as many teaching experiences, observation and participation as possible, including primary responsibility for meaningful classroom instruction.

D.  A student teacher shall not act as a substitute teacher in the district.  This provision shall not be construed to preclude a student teacher from performing teaching services alone in a classroom as a part of the student teaching experience so long as the student teacher remains under general supervision as described in Section F.

E.  Supervising teachers shall be expected to mentor, orient, direct and assess the student teachers.  The student teacher evaluation shall be submitted to the teacher education institution by the supervising teacher.  Availability of the evaluation shall be determined by the teacher education institution.

F.  A student teacher shall obey all school district and administrative procedures and directives that include refraining from conduct which could reasonably be expected to substantially and materially disrupt or be deleterious to the education process. 

G.  A student teacher may be suspended by the district immediately or after a written warning regarding the student teacher's deficiency or conduct has been received by the student teacher and a representative of the teacher education institution.

H.  A student teacher shall be deemed an employee of the school district in which he or she is rendering services for purposes of workers compensation, liability insurance and legal counsel.

I.  The building/program administrator shall be responsible to determine the employees who may be designated as supervising professionals.

J.  A student teacher will not be assigned to non-tenured teacher in the Moorhead Area Public Schools.

K.  Student teacher observations will be made on a regular basis by the college/university supervisor and the building level supervising teacher/employee.

L.  Student teacher candidates will be screened at the program or building level.

M.  Student teachers who have attended Moorhead Area Public Schools or who have been employed previously by the district will not be placed in their former school, with their former teachers, or in classes that contain their children or relatives.

N.  Photo identifications and other district property are to be returned to the building administrator at the end of student teaching.

 

Student Transportation Safety
Type: School Board Policy
Section: 700 NON-INSTRUCTIONAL OPERATIONS AND BUSINESS SERVICES
Code: 709
Adopted Date: 10/10/1994
Revised Date(s): 05/11/2009, 04/26/2010, 05/09/2011, 06/11/2012, 06/10/2013, 04/11/2016, 05/08/2017, 06/25/2018, 07/13/2021, 02/16/2022, 08/16/2022, 09/13/2022
Reviewed Date(s): 05/14/2001, 06/14/2004, 12/12/2005, 06/11/2007, 05/12/2008, 05/11/2009, 04/26/2010, 05/09/2011, 06/11/2012, 06/10/2013, 04/11/2016, 05/08/2017, 06/25/2018, 06/15/2021, 01/18/2022, 01/19/2022, 09/13/2022
Attachments:

I. PURPOSE

The purpose of this policy is to provide for safe transportation for students and educate students on safety issues and responsibilities of school bus ridership. It includes information regarding parent/guardian involvement, school bus driver duties, responsibilities, training, emergency procedures on buses, and vehicle standards.

II. PLAN FOR STUDENT TRANSPORTATION SAFETY TRAINING

A. School Bus Safety Week

School bus safety week will coincide with National School Bus Safety Week.

B. Student Training

1. The Moorhead Area Public Schools shall provide students enrolled in grades K through 10 with age-appropriate school bus safety training on the following concepts:

a. transportation by school bus is a privilege, not a right;

b. district policies for student conduct and school bus safety;

c. appropriate conduct while on the bus;

d. the danger zones surrounding a school bus;

e. procedures for safely boarding and leaving a school bus;

f. procedures for safe vehicle lane crossings; and

g. school bus evacuation and other emergency procedures.

2. All students in grades K through 6 who are transported by school bus and are enrolled during the first or second week of school must receive the school bus safety training by the end of the third week of school. All students in grades 7 through 10 who are transported by school bus and are enrolled during the first or second week of school must receive the school bus safety training or receive bus safety instruction materials by the end of the sixth week of school if they have not previously received school bus training. Students in grades K through 10 who enroll in a school after the second week of school, are transported by school bus, and have not received training in their previous school districts shall undergo school bus safety training or receive bus safety instructional materials within four weeks of their first day of attendance.

3. The Moorhead Area Public Schools and nonpublic schools with students transported by school bus at public expense must provide students enrolled in grades K through 3 school bus safety training twice during the school year.

4. Students taking driver's training instructional classes must receive training in the laws and proper procedures for operating a motor vehicle in the vicinity of a school bus as required by Minnesota Statutes 169.446, subdivision 2.

5. The Moorhead Area Public Schools and nonpublic schools with students transported by school bus at public expense must conduct a school bus evacuation drill at least once during the school year. 

6. The Moorhead Area Public Schools will make reasonable accommodations in training for students known to speak English as a second language and students with disabilities.

7. The Moorhead Area Public Schools may provide kindergarten students with school bus safety training before the first day of school.

8. The Moorhead Area Public Schools may provide student safety education for bicycling and pedestrian safety for students in grades K through 6.

9. The Moorhead Area Public Schools shall adopt and make available for public review a curriculum for transportation safety education.

10. Nonpublic school students transported by the Moorhead Area Public Schools will receive school bus safety training by their nonpublic school. The nonpublic schools may use the school district's school safety education curriculum. Upon request by the Superintendent, the nonpublic school must certify to the school district's supervisor of transportation that all students enrolled in grades K through 10 have received the appropriate training.

III. CONDUCT ON SCHOOL BUSES AND CONSEQUENCES FOR MISBEHAVIOR

A. Riding the school bus is a privilege, not a right. The school district's general student behavior rules are in effect for all students on school buses, including nonpublic and charter school students. Consequences for school bus/bus stop misconduct will be imposed by the school district under adopted administrative discipline procedures. In addition, all school bus/bus stop misconduct will be reported to the district's transportation safety director. Serious misconduct may be reported to local law enforcement.

1. School Bus and Bus Stop Rules. The school district school bus safety rules are to be posted on every bus. If these rules are broken, the school district's discipline procedures are to be followed. In most instances, consequences are progressive and may include suspension of bus privileges. It is the school bus driver's responsibility to report unacceptable behavior to the school district's Transportation Office and the school office.

2. Rules at the Bus Stop

a. Get to your bus stop five minutes before your scheduled pick-up time. The school bus driver will not wait for late students.

b. Respect the property of others while waiting at your bus stop.

c. Keep your arms, legs, and belongings to yourself.

d. Use appropriate language.

e. Stay away from the street, road, or highway when waiting for the bus.

f. Wait until the bus stops before approaching the bus.

g. After getting off the bus, move away from the bus.

h. If you must cross the street, always cross in front of the bus where the driver can see you. Wait for the driver to signal to you before crossing the street.

i. No fighting, harassment, intimidation, or horseplay.

j. No use of alcohol, tobacco, or drugs.

3. Rules on the Bus

a. Immediately follow the directions of the driver.

b. Sit in your seat facing forward.

c. Talk quietly and use appropriate language.

d. Keep all parts of your body and personal belongings inside the bus.

e. Keep your arms, legs and belongings to yourself.

f. No fighting, harassment, intimidation or horseplay.

g. Do not throw any object.

h. No eating, drinking, or use of alcohol, tobacco or drugs.

i. Do not bring any weapons or dangerous objects on the school bus.

j. Do not damage the school bus.

4. Consequences

Consequences for school bus/bus stop misconduct will apply to all routes. Decisions regarding a student's ability to ride the bus in connection with co-curricular and extra-curricular events (for example, field trips or competitions) will be in the sole discretion of the school district. Parent(s)/guardian(s) will be notified of any suspension of bus privileges.

Consequences for school bus offenses are defined in Administrative Procedure 709.1 School Bus Code of Conduct
* Note: When a student goes 60 calendar days without a report, the student's consequences may start over at the first offense.

(1) Other Discipline

Based on the severity of a student's conduct, more serious consequences may be imposed at any time. Depending on the nature of the offense, consequences such as suspension or expulsion from school may also result from school bus/bus stop misconduct.

(2) Records
Records of school bus/bus stop misconduct will be forwarded to the individual school building and will be retained in the same manner as other student discipline records. Reports of student misbehavior on a school bus or in a bus-loading or unloading area that causes an immediate and substantial danger to the student or surrounding persons or property will be provided by the school district to the Minnesota Department of Public Safety in accordance with state and federal law. Records may also be maintained in the transportation office.

(3) Vandalism/Bus Damage
Student damaging school buses will be responsible for the damages. Failure to pay such damages (or make arrangements to pay) within two weeks may result in loss of bus privileges until damages are paid.

(4) Notice
School bus and bus stop rules and consequences for violations of these rules will be reviewed with students annually and copies of these rules will be made available to students. School bus rules are to be posted on each school bus. 

(5) Criminal Conduct
In cases involving criminal conduct (for example, assault, weapons possession, drug possession or vandalism), the appropriate school district personnel and local law enforcement officials will be informed.

IV. PARENT/GUARDIAN INVOLVEMENT

A. Parent/Guardian Notification

The Moorhead Area Public Schools school bus and bus stop rules will be provided to each family. Parent(s)/guardian(s) are expected to review the rules with their children. 

B. Parents/Guardians Responsibilities For Transportation Safety

Parents/guardians are responsible to:
 
1. become familiar with district rules, policies, regulations, and principles of school bus safety and thoroughly review them with their children;

2. support safe riding and walking practices, and recognize that students are responsible for their actions;

3. communicate safety concerns to their school administrators;

4. monitor bus stops, if possible;

5. have their children to the bus stop five minutes before the bus arrives;

6. have their children properly dressed for the weather; and

7. have a plan in case the bus is late.

V. SCHOOL BUS DRIVER DUTIES AND RESPONSIBILITIES

A. School bus drivers shall have a valid Class A, B, or C Minnesota driver's license with a school bus endorsement. A person possessing a valid driver's license, without a school bus endorsement, may drive a type III vehicle set forth in Sections VII.B. and VII.C., below. Drivers with a valid Class D driver's license, without a school bus endorsement, may operate a "type A-I" school bus as set forth in Section VII.D., below. 

B. The school district shall conduct mandatory drug and alcohol testing of all school district bus drivers and bus driver applicants in accordance with state and federal law and school district policy.

C. A school bus driver, with the exception of a driver operating a type A-1 school bus or type III vehicle, who has a commercial driver’s license and who is convicted of a criminal offense, a serious traffic violation, or of violating any other state or local law relating to motor vehicle traffic control, other than a parking violation, in any type of motor vehicle in a state or jurisdiction other than Minnesota, shall notify the Minnesota Division of Driver and Vehicle Services (Division) of the conviction within 30 days of the conviction. For purposes of this paragraph, a “serious traffic violation” means a conviction of any of the following offenses:

1. excessive speeding, involving any single offense for any speed of 15 miles per hour or more above the posted speed limit;

2. reckless driving;

3. improper or erratic traffic lane changes;

4. following the vehicle ahead too closely;

5. a violation of state or local law, relating to motor vehicle traffic control, arising in connection with a fatal accident; and

6. driving a commercial vehicle without obtaining a commercial driver’s license or without having a commercial driver’s license in the driver’s possession;

7. driving a commercial vehicle without the proper class of commercial driver's license and/or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported;

8. a violation of a state or local law prohibiting texting while driving a commercial vehicle; and

9. a violation of a state or local law prohibiting the use of a hand-held mobile telephone while driving a commercial vehicle.

D. A school bus driver, with the exception of a driver operating a type A-1 school bus, who has a commercial driver’s license and who is convicted of violating, in any type of motor vehicle, a Minnesota state or local law relating to motor vehicle traffic control, other than a parking violation, shall notify the person’s employer of the conviction within 30 days of conviction. The notification shall be in writing and shall contain all the information set forth in Attachment A accompanying this policy.

E. A school bus driver, with the exception of a driver operating a type A-1 school bus, who has a Minnesota commercial driver’s license suspended, revoked, or canceled by the state of Minnesota or any other state or jurisdiction and who loses the right to operate a commercial vehicle for any period or who is disqualified from operating a commercial motor vehicle for any period shall notify the person’s employer of the suspension, revocation, cancellation, lost privilege, or disqualification. Such notification shall be made before the end of the business day following the day the employee received notice of the suspension, revocation, cancellation, lost privilege, or disqualification. The notification shall be in writing and shall contain all the information set forth in Attachment B accompanying this policy.

F. A person who operates a type III vehicle and who sustains a conviction as described in Section VII.C.1.g. (i.e., driving while impaired offenses), VII.C.1.h.  (i.e., felony, controlled substance, criminal sexual conduct offenses, or offenses for surreptitious observation, indecent exposure, use of minor in a sexual performance, or possession of child pornography or display of pornography to a minor), or VII.C.1.i. (multiple moving violations) while employed by the entity that owns, leases, or contracts for the school bus, shall report the conviction to the person’s employer within ten days of the date of the conviction. The notification shall be in writing and shall contain all the information set forth in Attachment C accompanying this policy.

VI. SCHOOL BUS DRIVER TRAINING

A. Training

1. All new school bus drivers shall be provided with pre-service training, including in-vehicle (actual driving) instruction, before transporting students and shall meet the competency testing specified in the Minnesota Department of Public Safety Model School Bus Driver Training Manual. All school bus drivers shall receive in-service training annually. For purposes of this section, "annually" means at least once every 380 days from the initial or previous evaluation and at least once every 380 days from the initial or previous license verification. The school district shall retain on file an annual individual school bus driver "evaluation certification" form for each school district driver as contained in the Model School Bus Driver Training Manual.

2. All bus drivers operating a type III vehicle will be provided with annual training and certification as set forth in Section VII.C.1.b., below, by either the school district or the entity from whom such services are contracted by the school district.

B. Evaluation

School bus drivers with a Class D license will be evaluated annually and all other bus drivers will be assessed periodically for the following competencies:

1. safely operate the type of school bus the driver will be driving;

2. understand student behavior, including issues relating to students with disabilities;

3. ensure orderly conduct of students on the bus and handling incidents of misconduct appropriately;

4. know and understand relevant law, rules of the road, and local school bus safety policies;

5. handle emergency situations; and

6. safely load and unload students.

The evaluation must include completion of an individual "school bus driver evaluation form" (road test evaluation) as contained in the Model School Bus Driver Training Manual.

VII. OPERATING RULES AND PROCEDURES

A. General Operating Rules

1. School buses shall be operated in accordance with state traffic and school bus safety laws and the procedures contained in the Minnesota Department of Public Safety Model School Bus Driver Training Manual.

2. Only students assigned to the school bus by the district shall be transported. The number of students or other authorized passengers transported in a school bus shall not be more than the legal capacity for the bus. No person shall be allowed to stand when the bus is in motion.

3. The parent(s)/guardian(s) may designate by a signed, written request a day care facility, respite care facility, the residence of a relative or the residence of a person chosen by the parent(s)/guardian(s) as the address of the student for transportation purposes. The address must be in the attendance area of the assigned school and meet other eligibility requirements.

4. Bus drivers must minimize, to the extent practical, the idling of school bus engines and exposure of children to diesel exhaust fumes.

5. To the extent practical, the school district will designate school bus loading/unloading zones at a sufficient distance from school air-intake systems to avoid diesel fumes from being drawn into the systems.

6. A bus driver may not operate a school bus while communicating over, or otherwise operating, a cellular phone for personal reasons, whether hand-held or hands-free, when the vehicle is in motion. For purposes of this paragraph, "school bus" has the meaning given in Minnesota Statutes section 169.011, subdivision 71. In addition, "school bus" also includes type III vehicles when driven by employees or agents of the school district. "Cellular phone" means a cellular, analog, wireless, or digital telephone capable of sending or receiving telephone or text messages without an access line for service.

B. Type III Vehicles

1. Type III vehicles are restricted to passenger cars, station wagons, vans, and buses having a maximum manufacturer's rated seating capacity of 10 or fewer people including the driver and a gross vehicle weight rating of 10,000 pounds or less. A van or bus converted to a seating capacity of 10 or fewer and placed in service on or after August 1, 1999, must have been originally manufactured to comply with the passenger safety standards.

2. Type III vehicles must be painted a color other than national school bus yellow.

3. Type III vehicles shall be state inspected in accordance with legal requirements.

4. A type III vehicle cannot be older than 12 years old unless excepted by state and federal law.

5. If a type III vehicle is school district-owned, the school district name will be clearly marked on the side of the vehicle. The type III vehicle must not have the words "school bus" in any location on the exterior of the vehicle or in any interior location visible to a motorist.

6. A "type III school vehicle" must not be outwardly equipped and identified as a Type A, B, C, or D bus.

7. Eight-lamp warning systems and stop arms must not be installed or used on type III vehicles.

8. Type III vehicles must be equipped with mirrors as required by law.

9. Any type III vehicle may not stop traffic and may not load or unload before making a complete stop and disengaging gears by shifting into neutral or park. Any type III vehicle used to transport students must not load or unload so that a student has to cross the road, except where not possible or impractical, then the driver or assistant must escort a student across the road. If the driver escorts the student across the road, then the motor must be stopped, the ignition key removed, the brakes set, and the vehicle otherwise rendered immobile.

10. Any type III vehicle used to transport students must carry emergency equipment including:

a. Fire extinguisher. A minimum of one 10BC-rated dry chemical type fire extinguisher is required. The extinguisher must be mounted in a bracket and must be located in the driver's compartment and be readily accessible to the driver and passengers. A pressure indicator is required and must be easily read without removing the extinguisher from its mounted position.

b. First aid kit and body fluids cleanup kit. A minimum of a ten-unit first aid kit and a body fluids cleanup kit is required. They must be contained in removable, moisture- and dust-proof containers mounted in an accessible place within the driver's compartment and must be marked to indicate their identity and location.

c. Passenger cars and station wagons may carry a fire extinguisher, a first aid kit, and warning triangles in the trunk or trunk area of the vehicle if a label in the driver and front passenger area clearly indicates the location of these items.

11. Students will not be regularly transported in private vehicles that are not state inspected as type III vehicles. Only emergency, unscheduled transportation may be conducted in vehicles with seating capacity of 10 or fewer without meeting the requirements for a type III vehicle. Also, parents may use a private vehicle to transport their own children under a contract with the district. The district has no system of inspection for private vehicles.

12. All drivers of type III vehicles will be licensed drivers and will be familiar with the use of required emergency equipment. The school district will not knowingly allow a person to operate a type III vehicle if the person has been convicted of an offense that disqualifies the person from operating a school bus.

13. Type III vehicles will be equipped with child passenger restraints, and child passenger restraints will be utilized to the extent required by law.

C. Type III Vehicle Driven by Employees with a Driver’s License Without a School Bus Endorsement

1. The holder of a Class A, B, C, or D driver’s license, without a school bus endorsement, may operate a type III vehicle, described above, under the following conditions:

a. The operator is an employee of the entity that owns, leases, or contracts for the school bus, which may include the school district.

b. The operator’s employer, which may include the school district, has adopted and implemented a policy that provides for annual training and certification of the operator in:

(1) safe operation of a type III vehicle;

(2) understanding student behavior, including issues relating to students with disabilities;

(3) encouraging orderly conduct of students on the bus and handling incidents of misconduct appropriately;

(4) knowing and understanding relevant laws, rules of the road, and local school bus safety policies;

(5) handling emergency situations;

(6) proper use of seat belts and child safety restraints;

(7) performance of pre-trip vehicle inspections;

(8) safe loading and unloading of students, including, but not limited to:

(a) utilizing a safe location for loading and unloading students at the curb, on the nontraffic side of the roadway, or at off-street loading areas, driveways, yards, and other areas to enable the student to avoid hazardous conditions;

(b) refraining from loading and unloading students in a vehicular traffic lane, on the shoulder, in a designated turn lane, or a lane adjacent to a designated turn lane;

(c) avoiding a loading or unloading location that would require a student to cross a road, or ensuring that the driver or an aide personally escort the student across the road if it is not reasonably feasible to avoid such a location;

(d) placing the type III vehicle in “park” during loading and unloading; and

(e) escorting a student across the road under clause (c) only after the motor is stopped, the ignition key is removed, the brakes are set, and the vehicle is otherwise rendered immobile; and
 
(9) compliance with paragraph V.F. concerning reporting convictions to the employer within ten days of the date of conviction.
 
c. A background check or background investigation of the operator has been conducted that meets the requirements under Minnesota Statutes section 122A.18, subdivision 8, or Minnesota Statutes section 123B.03 for school district employees; Minnesota Statutes 144.057 or Minnesota Statutes chapter 245C for day care employees; or Minnesota Statutes 171.321, subdivision Subd. 3, for all other persons operating a type III vehicle under this section.

d. Operators shall submit to a physical examination as required by Minnesota Statutes section 171.321, subdivision 2.

e. The operator’s employer requires preemployment drug testing of applicants for operator positions. Current operators must comply with the employer's policy under Minnesota Statutes section 181.951, subdivision 2, 4, and 5. The operator's employer may use a breathalyzer or similar device to fulfill random alcohol testing requirements unless prohibited by law.

f. The operator’s driver’s license is verified annually by the entity that owns, leases, or contracts for the type III vehicle as required by Minnesota Statutes section 171.321, subdivision 5.

g. A person who sustains a conviction, as defined under Minnesota Statutes section 609.02, of violating Minnesota Statutes section 169A.25, 169A.26, 169A.27 (driving while impaired offenses), or 169A.31 (alcohol-related school bus driver offenses), or whose driver’s license is revoked under Minnesota Statutes sections  169A.50 to 169A.53 of the implied consent law, or who is convicted of violating or whose driver’s license is revoked under a similar statute or ordinance of another state, is precluded from operating a type III vehicle for the district for five years from the date of conviction.

h. A person who has ever been convicted of a disqualifying offense as defined in Minnesota Statutes section 171.3215, subdivision 1(c), (i.e., felony, controlled substance, criminal sexual conduct offenses, or offenses for surreptitious observation, indecent exposure, use of minor in a sexual performance, or possession of child pornography or display of pornography to a minor) may not operate a type III vehicle for the district.

i. A person who sustains a conviction, as defined under Minnesota Statutes section 609.02, of a moving offense in violation of Minnesota Statutes chapter 169 within three years of the first of three other moving offenses is precluded from operating a type III vehicle for the district for one year from the date of the last conviction.

j. Students riding the type III vehicle must have training required under Minnesota Statutes section 123B.90, subdivision 2 (See Section II.B., above).

k. Documentation of meeting the requirements listed in this section must be maintained under separate file at the business location for each type III vehicle operator. The school district or any other entity that owns, leases, or contracts for the type III vehicle operating under this section is responsible for maintaining these files for inspection.

2. The type III vehicle must bear a current certificate of inspection issued under Minnesota Statutes section 169.451.

3. An employee of the school district who is not employed for the sole purpose of operating a type III vehicle may, in the discretion of the school district, be exempt from paragraphs VII.C.1.d. (physical examination) and VII.C.1.e. (drug and alcohol testing) above.

 D. Type A-I “Activity” Buses Driven by Employees with a Driver’s License Without a School Bus Endorsement

 

1. The holder of a Class D driver’s license, without a school bus endorsement, may operate a type A-I school bus or a Multifunction School Activity Bus (MFSAB) under the following conditions:

 

a. The operator is an employee of the school district or an independent contractor with whom the school district contracts for the school bus and is not solely hired to provide transportation services under this paragraph.

 

b. The operator drives the school bus only from points of origin to points of destination, not including home-to-school trips to pick up or drop off students.

 

c. The operator is prohibited from using the 8-light system if the vehicle is so equipped.

 

d. The operator has submitted to a background check and physical examination as required by Minnesota Statutes section 171.321, subdivision 2.

 

e. The operator has a valid driver’s license and has not sustained a conviction of a disqualifying offense as set forth in Minnesota Statutes section 171.02, subdivision 2a(h) - 2a(j).

 

f. The operator has been trained in the proper use of child safety restraints as set forth in the National Highway Traffic Safety Administration’s “Guideline for the Safe Transportation of Pre-school Age Children in School Buses,” if child safety restraints are used by passengers, in addition to the training required in Section VI., above.

 

g. The bus has a gross vehicle weight rating of 14,500 pounds or less and is designed to transport 15 or fewer passengers, including the driver.

 

2. The school district shall maintain annual certification of the requirements listed in this section for each Class D license operator.

 

3. A school bus operated under this section must bear a current certificate of inspection.

 

4. The word “School” on the front and rear of the bus must be covered by a sign that reads “Activities” when the bus is being operated under authority of this section.

VIII. SCHOOL DISTRICT EMERGENCY PROCEDURES

A. If possible, school bus drivers or their supervisors shall call "911" or the local emergency phone number in the event of a serious emergency.

B. School bus drivers shall meet the emergency training requirements contained in Unit III "Crash & Emergency Preparedness" of the Minnesota Department of Public Safety Model School Bus Driver Training Manual. This includes procedures in the event of a crash (accident).

C. School bus drivers and bus assistants for special education students requiring special transportation service because of their handicapping condition shall be trained in basic first aid procedures, shall within one month after the effective date of assignment participate in a program of in-service training on the proper methods for dealing with the specific needs and problems of students with disabilities, assist students with disabilities on and off the bus when necessary for their safe ingress and egress from the bus; and ensure that protective safety devices are in use and fastened properly.

D. Emergency Health Information shall be maintained on the school bus for students requiring special transportation service because of their handicapping condition.  The information shall state:

1. the student's name and address;

2. the nature of the student's disabilities;

3. emergency health care information; and

4. the names and telephone numbers of the student's physician, parent(s)/guardian(s), or custodians, and some person other than the student's parent(s)/guardian(s) or custodians who can be contacted in case of an emergency.

IX. SCHOOL DISTRICT VEHICLE MAINTENANCE STANDARDS

A. All school vehicles and vehicles contracted to the school district shall be maintained in safe operating conditions through a systematic preventive maintenance and inspection program adopted or approved by the school district.

B. All school vehicles and vehicles contracted to the school district shall be inspected in accordance with legal requirements.

C. A copy of the current daily pre-trip inspection report must be carried in the bus. Daily pre-trip inspections shall be maintained on file in accordance with the school district's record retention schedule. Prompt reports of defects to be immediately corrected will be submitted.

D. Daily post-trip inspections shall be performed to check for any children or lost items remaining on the bus and for vandalism.

X. SCHOOL DISTRICT'S TRANSPORTATION SAFETY DIRECTOR

The Moorhead School Board designates the Supervisor of Transportation as the school district's Transportation Safety Director. The school district's Transportation Safety Director shall have day-to-day responsibility for student transportation safety, including transportation of nonpublic school children when provided by the school district. The school district's Transportation Safety Director will assure that this policy is periodically reviewed to ensure that it conforms to law. The school district's Transportation Safety Director shall certify annually to the School Board that each school bus driver meets the school bus driver training competencies required by Minnesota Statutes section 171.321, subdivision 4. The school district's Transportation Safety Director also shall annually verify and ensure that the private contractor utilized by the school has verified the validity of the driver's license of each employee who regularly transports students for the school district in a type A, B, C, or D school bus, type III vehicle, or MFSAB with the National Driver Register or the Department of Safety. Upon request of the Superintendent, the school district's Transportation Safety Director also shall certify to the Superintendent that students have received school bus safety training in accordance with state law. The name, address, and telephone number of the school district's Transportation Safety Director are on file in the school district office. Any questions regarding student transportation or this policy may be addressed to the school district's Transportation Safety Director. Refer to Administrative Procedures 720.1 School Bus Code of Conduct720.2: Special Education Transportation, 709.3: School Bus Stops, and 709.4: School Bus Trip K-12 Emergency Procedure

XI. STUDENT TRANSPORTATION SAFETY COMMITTEE

The School Board may establish a student transportation safety committee. Membership may include parents, school bus drivers, representatives of school bus companies, local law enforcement officials, other school district staff, and representatives from other units of local government. Moorhead Area Public Schools reviews transportation safety in the district health and safety committee.
 
 
Legal References:
Minn. Stat. 122A.18, Subd. 8 (Board to Issue Licenses)
Minn. Stat. 123B.03 (Background Check)
Minn. Stat. 123B.42 (Textbooks; Individual Instructor or Cooperative Learning Material; Standard Tests)
Minn. Stat. 123B.88 (Independent School Districts; Transportation)
Minn. Stat. 123B.885 (Diesel School Buses; Operation of Engine; Parking)
Minn. Stat. 123B.90 (School Bus Safety Training)
Minn. Stat. 123B.91 (School District Bus Safety Responsibilities)
Minn. Stat. 144.057 (Background Studies on Licensees and Other Personnel)
Minn. Stat. Ch. 169 (Traffic Regulations)
Minn. Stat. 169.011, Subds. 15 and 71 (Definitions)
Minn. Stat. 169.02 (Scope)
Minn. Stat. 169.443 (Safety of School Children; Bus Driver's Duties)
Minn. Stat. 169.446, Subd. 2 (Safety of School Children; Training and Education Rules)
Minn. Stat. 169.451 (Inspecting School and Head Start Buses; Rules; Misdemeanor)
Minn. Stat. 169.454 (Type III Vehicle Standards)
Minn. Stat. 169.4582 (Reportable Offense on School Buses)
Minn. Stat. 169A.25-169A.27 (Driving While Impaired)
Minn. Stat. 169A.31 (Alcohol-Related School Bus or Head Start Bus Driving)
Minn. Stat. 169A.50-169A.53 (Implied Consent Law)
Minn. Stat. 171.02, Subds. 2, 2a, and 2b (Licenses; Types, Endorsements, Restrictions)
Minn. State. 171.168 (Notice of Violation by Commercial Driver)
Minn. Stat. 171.169 (Notice of Commercial License Suspension)
Minn. Stat. 171.321 (Qualifications of a School Bus Driver and Type III Vehicle Drivers)
Minn. Stat. 171.3215, Subd. 1(c) (Canceling Bus Endorsement for Certain Offenses)
Minn. Stat. 181.951 (Authorized Drug and Alcohol Testing)
Minn. Stat. Ch. 245C (Human Services Background Studies)
Minn. Stat. 609.02 (Definitions)
Minn. Rules Parts 7470.1000-7470.1700 (School Bus Inspection)
49 C.F.R. 383.51 (Disqualification of Drivers)
49 C.F.R. 383.31 (Notification of Convictions for Driver Violations)
49 C.F.R. 383.33 (Notification of Driver's License Suspensions)
49 C.F.R. 383.5 (Transportation Definitions)
 
Cross References:
MSBA/MASA Model Policy 709 (Student Transportation Safety)
Moorhead School Board Policy 413: Employment Background Checks
Moorhead School Board Policy 420: Chemical Use and Abuse
Moorhead School Board Policy 421: Employee Drug and Alcohol Testing
Moorhead School Board Policy 504: Protection and Privacy of Student Records
Moorhead School Board Policy 551: Student Discipline
Moorhead School Board Policy 552: Corporal Punishment
Moorhead School Board Policy 572: Drug-Free Workplace/Drug-Free School
Moorhead School Board Policy 608: Home Schooled Students
Moorhead School Board Policy 632: Field Trips
Student Use and Parking of Motor Vehicles; Patrols, Inspections and Searches
Type: School Board Policy
Section: 500 STUDENTS
Code: 527
Adopted Date: 6/11/2001
Revised Date(s): 02/09/2009, 06/10/2013, 10/08/2018, 04/11/2023
Reviewed Date(s): 04/11/2005, 02/09/2009, 06/10/2013, 06/13/2016, 10/08/2018, 10/08/2020, 03/17/2023, 04/11/2023
Attachments:

I. PURPOSE

The purpose of this policy is to provide guidelines for student use and parking of motor vehicles in school district locations, to maintain order and discipline in the Moorhead Area Public Schools and to protect the health, safety and welfare of students, school personnel, and the general public.

II.  GENERAL STATEMENT

The policy of the Moorhead Area Public Schools is to allow the limited use and parking of motor vehicles by students in school district locations. The position of the school district is that a fair and equitable districtwide student motor vehicle policy will contribute to the quality of the student's educational experience, will maintain order and discipline in the schools, and will protect the health, safety and welfare of students and school personnel. This policy applies to all students in the school district.
 
III.  DEFINITIONS

A.  "Contraband" means any unauthorized item, possession of which is prohibited by school district policy and/or law. It includes but is not limited to weapons and "look-a-likes," alcoholic beverages, controlled substances and "look-a-likes," overdue books and other materials belonging to the school district, and stolen property.

B.  "Reasonable suspicion" means that a school official has grounds to believe that the search will result in evidence of a violation of school district policy, rules, and/or law. Reasonable suspicion may be based on a school official's personal observation, a report from a student, parent, or staff member, a student's suspicious behavior, a student's age, and past history or record of conduct both in and out of the school context, or other reliable sources of information.

C.  "Reasonable scope" means that the scope and/or intrusiveness of the search is reasonably related to the objectives of the search. Factors to consider in determining what is reasonable include the seriousness of the suspected infraction, the reliability of the information, the necessity of acting without delay, the existence of exigent circumstances necessitating an immediate search and further investigation (e.g. to prevent violence, serious and immediate risk of harm or destruction of evidence), and the age of the student.

D.  "School district location" means property owned, rented, leased, or borrowed by the school district for school purposes, as well as property immediately adjacent to such property that may be used for parking or gaining access to such property. A school district location also shall include off-school property at any school-sponsored or school-approved activity, event, or function, such as a field trip or athletic event, where students are under the jurisdiction of the school district.

IV.  STUDENT PARKING OF MOTOR VEHICLES IN SCHOOL DISTRICT LOCATIONS

A. Students are permitted to park in a school district location as a matter of privilege, not of right. Students driving motor vehicles to Moorhead High School may park the motor vehicle in the parking lot designated for student parking only. Students will not park vehicles in driveways or in other designated areas (e.g. staff, visitors, or busing lanes).
 
B. When there are unauthorized vehicles parked on school district property, school officials may:
 
1. move the vehicle or require the driver or other person in charge of the vehicle to move it off school district property; or 
 
2. if unattended, provide for the removal of the vehicle, at the expense of the owner or operator, to the nearest convenient garage or other places of safety off of school district property.

V.  PATROLS, INSPECTIONS AND SEARCHES

Lead building administrators may conduct routine patrols of student parking lots and other school district locations and routine inspections of the exteriors of the motor vehicles of students. In addition, the interiors of motor vehicles of students in school district locations may be searched when school officials have a reasonable suspicion that the search will uncover a violation of law and/or school policy or rule.

A.  Patrols and Inspections

School officials may conduct routine patrols of student parking lots and other school district locations and routine inspections of the exteriors of the motor vehicles of students. Such patrols and inspections may be conducted without notice, without student consent, and without a search warrant.

B.  Search of Interior of Student Motor Vehicle

The interiors of motor vehicles of students in school district locations, including glove or trunk compartments, may be searched when school officials have a reasonable suspicion that the search will uncover a violation of law and/or school policy or rule. The search will be reasonable in its scope and intrusiveness. Such searches may be conducted without notice, without consent, and without a search warrant. A student will be subject to withdrawal of parking privileges and to discipline if the student refuses to open a locked motor vehicle under the student's control or its compartments upon the request of a school official.

C.  Prohibition of Contraband and Interference with Patrols, Inspections, Searches, and/or Seizures

A violation of this policy occurs when students store or carry contraband in motor vehicles in a school district location or interfere with patrols, inspections, searches, and/or seizures as providedby this policy.

D.  Seizure of Contraband

If a search yields contraband, school officials will seize the item and may turn it over to legal officials for ultimate disposition when appropriate.

E.  Dissemination of Policy

A copy of this policy will be printed in the student handbook or disseminated in any other way which school officials deem appropriate.

VI.  STUDENT USE OF MOTOR VEHICLES

Students are permitted to use their vehicles during assigned lunch periods for off-campus purposes or for off-campus school programs during assigned times. Operating a motor vehicle on school property is a privilege, not a right, and necessitates safe driving in accordance with the law and conditions.

VII.  VIOLATIONS

A student found to have violated this policy and/or the directives and guidelines implementing it shall be subject to withdrawal of parking privileges and/or to discipline in accordance with the school district's Student Discipline Policy, which may include towing of the vehicle, suspension, exclusion, or expulsion. In addition, the student may be referred to legal officials when appropriate.


Legal References:
U. S. Const., amend. IV
Minn. Const., art. I, 10
Minn. Stat. 123B.02, Subds. 1 and 5 (General Powers of Independent School Districts)
Minn. Stat. sect 123B.3B.38 (Hearing)
New Jersey v. T.L.O.
, 469 U.S. 325, 105 S.Ct 733, 83 L.Ed.2d 720 (1985


Cross References:
Moorhead School Board Policy 420: Chemical Use and Abuse
Moorhead School Board Policy 551: Student Discipline
Moorhead School Board Policy 572: Drug-Free Workplace/Drug-Free School
Moorhead School Board Policy 574: Search of Student Lockers, Desks, Personal Possessions, and Student's Person
Moorhead School Board Policy 576: Moorhead Area Public School District Weapons
Moorhead School Board Policy 712: Safety and Security Technology
MSBA/MASA Model Policy 527 (Student Use and Parking of Motor Vehicles; Patrols, Inspections, and Searches) 

Student Withdrawal/Dropout
Type: Administrative Procedure
Section: 500 STUDENTS
Code: 515.1
Adopted Date: 8/26/1980
Revised Date(s): 02/17/2007, 01/23/2012, 11/09/2015, 07/29/2020
Reviewed Date(s): 11/23/1987, 05/12/1992, 12/08/1997, 04/28/2003, 02/12/2007, 01/23/2012, 11/09/2015
Attachments:

I. PURPOSE

The purpose of this procedure is to authorize and maintain dropout prevention and reentry by challenging all students to attain their highest academic potential through schoolwide programs proven effective in dropout prevention and reentry.

II. GENERAL STATEMENT

The Moorhead School Board recognizes that the understanding and designing of school curriculum to meet the needs of potential dropouts is part of its mission to provide education for all students.

Moorhead Area Public Schools (MAPS) shares a role with the community in addressing at-risk students by developing a dropout prevention plan, supporting student services, referral programs, and dropout recovery.
 
III. PROCEDURES
 

A. MAPS administration, counselors and alternative program director shall review issues regarding students at-risk and make efforts to find ways to provide alternatives for students to successfully continue their educational programs.

B. Any student under the age of 17 must attend school under Minnesota's Compulsory Education requirements. If any student who is 17 years old who seeks to withdraw from school, the student and the student's parent and/or guardian must attend a meeting with school personnel (counselor, principal, alternative education director) to discuss educational opportunities available to the student including alternative education opportunities.

C. The Moorhead High School building administrator shall ensure that students wishing to withdraw shall comply with statutes. Documentation, including signatures of parents and students who withdraw from school, alternatives considered and reason to withdraw from school, shall be kept as part of the student's file. Documentation of efforts to contact families shall be included in the files.

D. The Instruction and Curriculum Advisory Committee (ICAC) shall annually:

1. review the number of dropouts of school-age students in the district and the reason for the dropout;
 
2. review graduation rates; and 
 
3. review programs or courses of action to meet the needs of dropouts and potential dropouts.
 
IV. PROGRAM REQUIREMENTS
 
1. All students must be periodically assessed in order to determine their educational progress;
 
2. Schools scheduling must be flexible to allow for daily alternative curricular interventions to meet the students' identified needs (Response to Intervention);
 
3. Out-of-school experiences must complement and be coordinated with other curriculum-based interventions;
 
4. Teachers must receive ongoing, intensive, professional development in a variety of educational strategies to successfully implement those interventions;
 
5. Parents must be informed and involved throughout the assessment/intervention process; and
 
6. Appropriate resources will be provided to support all students as they make continuous progress.
 
 
Legal References:
Minn. Stat. 120A.22 (Compulsory Instruction)
The Elementary & Secondary Education Act, Part H - School Dropout Prevention, Sections 1801 and 1802, U.S. Department of Education


Cross Reference:
Moorhead School Board Policy 515: School District Student Attendance

Students in Homeless Situations
Type: School Board Policy
Section: 500 STUDENTS
Code: 537
Adopted Date: 8/26/2002
Revised Date(s): 01/08/2007, 06/13/2011, 06/25/2018, 05/10/2022, 02/13/2024
Reviewed Date(s): 01/08/2007, 06/13/2011, 11/10/2014, 06/25/2018, 04/12/2022, 02/13/2024
Attachments:

I. PURPOSE

The purpose of this policy is to define the rights and responsibilities of students in homeless situations. This policy is intended to ensure that the district is in full compliance with the McKinney-Vento Homeless Act.

II. GENERAL STATEMENT

The Moorhead Area Public School Board recognizes that maintaining a school of origin enrollment and a regular, mainstream environment has a positive impact on the academic achievement of students in homeless situations. Therefore, every effort will be made to eliminate, to the extent possible, any barriers that limit equal access to education programs and services or limit the opportunity for students in homeless situations to reach high standards.

A. Definition of Homeless Child and Unaccompanied Youth

Pursuant to McKinney-Vento 42 United States Code 11434a[2] and Education Law 3209 (1)(a), a homeless child is defined as a child who does not have a fixed, regular, and adequate nighttime residence or whose primary nighttime location is in a public or private shelter designated to provide temporary living accommodations, or a place not designed for, or ordinarily used as regular sleeping accommodations for human beings. This definition includes a child who is:

1. Sharing the housing of other persons due to loss of housing, economic hardship, or similar reason (sometimes referred to as double-up);

2. Living in motels, hotels, or camping grounds due to the lack of alternative adequate accommodations;

3. Living in a car, park, public space, abandoned building, substandard housing, bus or train stations, or similar settings;

4. Abandoned in hospitals;

5. A migratory child qualifies as homeless because he or she is living in circumstances described above.

6. An unaccompanied youth is a homeless child for whom no parent or person in parental relation is available.

B. Services

Children and youth in homeless situations will be provided services comparable to those received by other students including transportation to and from their school of origin to the extent possible. The district will designate a liaison for students in homeless situations who will ensure that the rights of homeless students are protected and they have the opportunity to reach the same high academic standards expected of all students.

The Local Education Agency (LEA) Liaison must ensure that preschool-aged children in homeless situations have access to and receive services, if eligible, under LEA administered preschool programs, including Head Start, Part C of the Individuals with Disabilities Education Act (IDEA) (Early Intervention Program for Infants and Toddlers with Disabilities), and other preschool programs administered by the LEA.

The LEA Liaison must ensure that Moorhead District collaborates and coordinates with other service providers, including public and private child welfare and social services agencies; law enforcement agencies; juvenile and family courts; agencies providing mental health services; domestic violence agencies; child care providers; runaway and homeless youth centers; providers of services and programs funded under the Runaway and Homeless Youth Act; and providers of emergency, transitional, and permanent housing, including public housing agencies, shelter operators, and operators of transitional housing facilities.

C. Enrollment

Evidence of immunizations, guardianship, residential status, or other documentation will not be barriers to immediate enrollment of students in homeless situations. Where appropriate, the enrolling school building administrator will refer the parent or guardian to the district homeless liaison for assistance in obtaining appropriate documentation. The district homeless liaison will also assist unaccompanied youth with placement/enrollment choices.

D. Placement

To the extent feasible, students in homeless situations will remain in their school of origin and transportation will be provided. They have the right to stay in their school of origin for the entire time they are homeless, or until the end of any academic year in which they move into permanent housing unless a parent or guardian chooses otherwise.

E. Transportation

1. Homeless/highly mobile students, including unaccompanied youth, must be provided transportation to and from their school of origin at the request of parent/guardian, or by the Homeless Liaison, consistent with district regulations regarding miles from school, routes, and other transportation policies and regulations.
 
2. When the homeless student’s school of origin is outside the district in which he/she is currently staying, the two districts will apportion the transportation costs.
 
3. The McKinney-Vento Act also requires that homeless students be provided services comparable to those offered to other students in the school, including transportation (42. United States Code 11432(g)(4) (A)).

Please refer to Administrative Procedure 537.1: McKinney-Vento Homeless Transportation Request.

F. Dispute Resolution Process
 
Disputes regarding the educational placement of a student in a homeless situation will be expeditiously addressed through a dispute resolution process. Parents or guardians and unaccompanied youth must be informed of the process and in the event of a dispute, the student must be immediately enrolled in the school of choice while the dispute is being resolved through the process outlined below:
 
1. Student placement is made through a district designee. If the placement decision is not satisfactory;
 
2. The student placement staff provides the family with a written explanation which includes information about their right to appeal and review the decision and student placement guidelines with the family. If this explanation is not satisfactory;
 
3. The district designee reviews the decision and talks with the family. If the decision is maintained and is still not satisfactory;
 
4. LEA liaison is contacted by the district designee. The LEA Liaison works with the district designee to ensure that the student is immediately placed in the school requested if this placement meets district guidelines and is comparable to other students;
 
5. The assistant superintendent of business and administrative services reviews issues and makes the final determination. If this decision is not satisfactory;
 
6. The Superintendent reviews issue. If this decision is not satisfactory;
 
7. State grievance procedure is implemented by the LEA Liaison.

The steps listed above must be completed within two school days from the original student placement.

 

Legal References:
The Education for Homeless Children and Youth (EHCY) program is authorized under Title VII-B of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.) (McKinney-Vento Act). The McKinney-Vento Act was originally authorized in 1987 and most recently reauthorized in December 2015 by the Every Student Succeeds Act (ESSA)
 
Cross References:
Moorhead School Board Policy 509: Enrollment of Nonresident Students
Moorhead School Board Policy 530: Student Immunization Requirements
Subpoena of a School District Employee
Type: School Board Policy
Section: 400 EMPLOYEES/PERSONNEL
Code: 408
Adopted Date: 4/26/1994
Revised Date(s): 10/13/2008, 05/13/2013, 04/11/2016, 05/18/2021
Reviewed Date(s): 04/26/1994, 11/24/1997, 11/09/1998, 12/09/2002, 04/09/2007, 01/14/2008, 10/13/2008, 05/13/2013, 04/11/2016, 12/10/2018, 04/20/2021
Attachments:

I. PURPOSE

The purpose of this policy is to identify the privacy rights of employees and students of Moorhead Area Public Schools under both state and federal law when requested to testify or provide educational records for a judicial or administrative proceeding.

II. GENERAL STATEMENT

This policy is to provide guidance and direction for employees of Moorhead Area Public Schools who may be subpoenaed to testify and/or provide educational records for a judicial or administrative proceeding.

III. DATA CLASSIFICATION

A. Educational Data

 
1. State Law
 
The Minnesota Government Data Practices Act (MGDPA), Minn. Stat. Ch. 13, classifies all educational data, except for directory information as designated by the school district, as private data on individuals. The state statute provides that private data on individuals may not be released, except pursuant to informed consent by the subject of the data or pursuant to a valid court order or a parent/guardian if the subject of the data is a minor. 
 
2. Federal Law
 
The Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g, provides that educational data may not be released, except pursuant to informed consent by the individual subject of the data or any lawfully issued subpoena. Regulations promulgated under the federal law require that the school district must first make a reasonable effort to notify the parent/guardian of the student, or the student if the student is 18 years of age or older, of the subpoena in advance of releasing the information pursuant to the subpoena.
 
B. Personnel Data
 
 
1. The MGDPA, Minn. Stat. Ch. 13, also classifies all personnel data, except for certain data specifically classified as public, as private data on individuals. The state statute provides that private data on individuals may not be released except pursuant to a valid court order or informed consent by the subject of the data.
 
IV. APPLICATION AND PROCEDURES

A. Any employee who receives a subpoena for any purpose related to employment is to inform the building administrator or designated supervisor when the employee receives the subpoena. The building administrator or designated supervisor shall immediately inform the Superintendent or designee that the employee has received a subpoena.

B. No employee may release educational data, personnel data, or any other data of any kind without consultation in advance with the Superintendent or designee responsible for the collection, use, and dissemination of data.

C. Payment for attendance at judicial or administrative proceedings and the retention of witness and mileage fees are to be determined in accordance with the applicable Moorhead School Board policies and collective bargaining agreements.

D. The administration shall not release any information except in strict compliance with state and federal law and this policy. Recognizing that an unauthorized release may expose the school district or its employees to civil or criminal penalties or loss of employment, the administration shall confer with school district legal counsel prior to release of such data.

Legal References:
Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)
Minn. Rules 1205.0100, Subp. 5 (Minnesota Rules Regarding Data Practices)
20 U.S.C. 1232g (Family Educational Rights and Privacy Act)

Cross References:
Moorhead School Board Policy 414: Employee Public and Private Personnel Data
Moorhead School Board Policy 504: Protection and Privacy of Student Records
MSBA/MASA Model Policy 408 (Subpoena of a School District Employee)
Superintendent Contract, Duties and Evaluation
Type: School Board Policy
Section: 300 ADMINISTRATION
Code: 304
Adopted Date: 8/11/2003
Revised Date(s): 11/26/2007, 01/23/2012, 11/09/2015, 12/13/2022
Reviewed Date(s): 11/26/2007, 01/23/2012, 11/09/2015, 10/08/2018, 12/15/2021, 11/14/2022, 11/22/2022, 12/13/2022
Attachments:

I. PURPOSE

The purpose of this policy is to provide for the use of an employment contract with the superintendent, a position description and an approved instrument to evaluate the performance of the Superintendent of the Moorhead Area Public Schools.

II. GENERAL STATEMENT

A. The Superintendent's contract shall be used to formalize the employment relationship and to specifically identify and clarify all conditions of employment with the Superintendent.

B. The specific duties for which the Superintendent is accountable shall be in accordance with the employment contract and applicable state statute(s) and shall be measured by a performance appraisal process approved by the Moorhead School Board in consultation with the Superintendent. The School Board shall use this instrument to periodically evaluate the performance of the Superintendent. The evaluation results will be placed in the Superintendent's personnel file, and confirmation that the evaluation has been completed will be announced at a School Board meeting.

C. The School Board, in consultation with the Superintendent, shall develop a process to evaluate the performance of the Superintendent in accordance with the employment contract and applicable state statute(s).

Legal Reference:
Minn. Stat. 123B.143 (Superintendent)

Cross Reference:
Moorhead School Board Policy 310: School Superintendent
MSBA/MASA Model Policy 304: Superintendent Contract, Duties, and Evaluation

Tennessen Warning
Type: Administrative Procedure
Section: 500 STUDENTS
Code: 506.2
Adopted Date: 6/13/2011
Revised Date(s):
Reviewed Date(s): 06/13/2016, 06/12/2017, 06/25/2018
Attachments:
When an individual is asked to supply private or confidential data about himself/herself, the Minnesota Government Data Practices Act requires the individual be informed of:
  • Purpose for collecting the data
  • Intended use of the data
  • Whether the individual possessing the data may refuse or is legally required to supply the requested information
  • Any known consequences arising from supplying the data
  • Any known consequences arising from refusing to supply the data
  • The identity of other persons or entities authorized by state or federal law to receive the data
The Tennessen Warning (Minnesota Statute 13.04, Subd. 2) can be given orally or in writing.
 
It is the position of the Minnesota Department of Administration that the data may only be used in accordance with the notice, or subsequent consent.
 
Such notice is called a Tennessen warning (named for Robert Tennessen, senate author of the original Data Privacy Act).
Testing Accommodations, Modifications, and Exemptions for IEPs, Section 504 Plans and LEP Students
Type: School Board Policy
Section: 600 EDUCATION PROGRAMS
Code: 615
Adopted Date: 8/26/2002
Revised Date(s): 12/08/2008, 06/14/2010, 06/13/2011, 06/25/2018, 02/11/2019, 03/11/2019, 05/08/2019, 05/10/2022
Reviewed Date(s): 03/08/2004, 05/09/2005, 06/11/2007, 05/12/2008, 12/08/2008, 06/14/2010, 06/13/2011, 06/25/2018, 04/12/2022, 05/10/2022
Attachments:
I. PURPOSE
 
The purpose of the policy is to provide adequate opportunity for students identified as having individualized education program (IEP), Rehabilitation Act of 1973, 504 accommodation plan (504 plan), or English Learner (EL) needs to participate in statewide assessment systems designed to hold schools accountable for the academic performance of all students.
 
A. Minnesota Test of Academic Skills (MTAS)
  1. The school district will utilize the existing annual review of IEPs or 504 plans to review, on a case-by-case basis, and determine how a student with a disability will participate in statewide testing.
  2. Participation decisions will be made separately for mathematics, reading, and science. The assessment options are the Minnesota Comprehensive Assessment (MCA) and the MTAS.
  3. Eligibility Requirements
    1. The following requirements must be met for a student with a significant cognitive disability to be eligible for the MTAS:
        1. The IEP team must consider the student’s ability to access the MCA, with or without accommodations;
        2. The IEP must review the student’s instructional program to ensure that the student is receiving instruction linked to the general education curriculum to the extent appropriate. If instruction is not linked to the general education curriculum, the IEP team must review the student’s goals and determine how access to the general curriculum will be provided;
        3. The IEP team determined the student’s cognitive functioning to be significantly below age expectations. The team also determined that the student’s disability has a significant impact on his or her ability to function in multiple environments, including home, school, and community;
        4. The IEP team determined that the student needs explicit and intensive instruction and/or extensive supports in multiple settings to acquire, maintain, and generalize academic and life skills in order to actively participate in school, work, home, and community environments;
        5. The IEP team must document, in the IEP, reasons the MCA is or is not an appropriate measure of the student’s academic progress and how the student would participate in statewide testing.         
    2.  MTAS participation decisions must not be made on the following factors:
        1. Student’s disability category;
        2. Placement;
        3. Participation in a separate, specialized curriculum;
        4. An expectation that the student will receive a low score on the MCA;
        5. Language, social, cultural, or economic differences;
        6. Concern for accountability calculations.
B. Alternate Assessing Comprehension and Communication in English State to State (ACCESS) for ELs
    1. The school district will utilize the existing annual review of IEPs or 504 plans to review, on a case-by-case basis, and determine how an identified EL student with a disability will participate in statewide testing.
    2. Eligibility Requirements
      1. The student must be identified as EL in MARSS in order to take an English language proficiency assessment.
      2. The student must have a significant cognitive disability. If the student has been identified as eligible to take the MTAS in mathematics, reading, or science, the student meets this criterion. 
      3. For students in grades where the MTAS is not administered:
        1. the student must have cognitive functioning significantly below age level;
        2. the student’s disability must have a significant impact on his or her ability to function in multiple environments, including home, school, and community; and
        3. the student needs explicit and intensive instruction and/or extensive supports in multiple settings to acquire, maintain, and generalize academic and life skills in order to actively participate in school, work, home, and community environments.
      4. The IEP team must consider the student’s ability to access the ACCESS, with or without accommodations.
      5. The IEP team must document, in the IEP, reasons the MCA is or is not an appropriate English language proficiency assessment for the student.
    3. Alternate ACCESS participation decisions must not be made on the following factors:
        1. student’s disability category;
        2. participation in a separate, specialized curriculum;
        3. current level of English language proficiency;
        4. the expectation that the student will receive a low score on the ACCESS for ELs;
        5. language, social, cultural, or economic differences;
        6. concern for accountability calculations.

C. EL Students New to the United States

EL students new to the United States will take all assessments, including all academic assessments (math, reading, and science), as well as the English Language Proficiency Assessment (ACCESS). 

II. DEFINITION OF TERMS

Please refer to Administrative Procedure 615.1: GRAD Testing, Accommodations, Modifications, and Exemptions for Individualized Education Programs (IEPs), Section 504 Accommodations and Limited English Proficiency (LEP) Students.

III. GRANTING AND DOCUMENTING ACCOMMODATIONS, MODIFICATIONS, OR EXEMPTIONS FOR TESTING

Please refer to Administrative Procedure 615.1: GRAD Testing, Accommodations, Modifications, and Exemptions for Individualized Education Programs (IEPs), Section 504 Accommodations and Limited English Proficiency (LEP) Students.

IV. RECORDS

All test accommodations, modifications, or exemptions shall be determined through the child study process and/or the counseling department. A process will be arranged for collection of the accommodation, modification, or exemption data in the fall of the school year. All test accommodations, modifications, or exemptions shall be reported to the district assessment coordinator. The district assessment coordinator shall be responsible for keeping a list of all such test accommodations, modifications, and exemptions for school district audit purposes. This will be done yearly by December 1. Testing results will be documented and reported.

 
Legal References:
Minn. Stat. 120B.11 (School District Process)
Minn. Stat. 120B.30 (Statewide Testing and Reporting System)
Minn. Stat. 125A.08(a)(1) (Individualized Education Programs)
Minn. Rule Parts 3501.0640-3501.0655 (Academic Standards for Language Arts)
Minn. Rule Parts 3501.0700-3501.0745 (Academic Standards for Mathematics)
Minn. Rules Parts 3501.0800-3501.0815 (Academic Standards for the Arts)
Minn. Rules Parts 3501.0900-3501.0955 (Academic Standards in Science)
Minn. Rules Parts 3501.1000-3501.1190 (Graduation-Required Assessment for Diploma) (repealed Minn. L. 2013, Ch. 116, Art. 2 22)
Minn. Rules Parts 3501.1300-3501.1345 (Academic Standards for Social Studies)
Minn. Rules Parts 3501.1400-3501.1410 (Academic Standards for Physical Education)
Eligibility Requirements for the Minnesota Test of Academic Skills (MTAS), https://education.mn.gov/mdeprod/groups/educ/documents/hidde ncontent/mdaw/mda2/~edisp/006087.pdf
Alternate ACCESS for ELLs Participation Guidelines, https://education.mn.gov/mdeprod/groups/educ/documents/hiddencontent/ mdaw/mdq5/~edisp/049763.pdf 
 
Cross References:
Moorhead School Board Policy 104: Mission Statement
Moorhead School Board Policy 601: Curriculum and Instruction Goals of Moorhead Area Public Schools
Moorhead School Board Policy 640: Moorhead Area Public Schools Graduation Policy
Moorhead School Board Policy 650: School District System Accountability
Moorhead School Board Policy 660: Moorhead Area Public School District State Mandated Testing Plan and Procedure
MSBA/MASA Model Policy 615 (Testing Accommodations, Modifications, and Exemptions for IEPs, Section 504 Plans, and LEP Students)
Testing Accommodations. Modifications, and Exemptions for IEPs, Section 504 Plans and LEP Students
Type: Administrative Procedure
Section: 600 EDUCATION PROGRAMS
Code: 615.1
Adopted Date: 6/14/2010
Revised Date(s): 06/13/2011, 06/25/2018
Reviewed Date(s): 06/13/2011, 06/25/2018
Attachments:
I. DEFINITION OF TERMS

See the current “Procedures Manual for the Minnesota Assessments” which is produced by the Minnesota Department of Education and available through pearsonaccess.com.

II. GRANTING AND DOCUMENTING ACCOMMODATIONS, MODIFICATIONS, OR EXEMPTIONS FOR BASIC SKILLS AND GRAD TESTING

See Chapter 5 of the current “Procedures Manual for the Minnesota Assessments.”  and 2017-18 Guidelines for Administration of Accommodations and Linguistic Supports (http://minnesota.pearsonaccessnext.com/resources/resources-training/manuals/Guideline sforAccommandLS_2018.pdf).

 
The Pledge of Allegiance
Type: School Board Policy
Section: 500 STUDENTS
Code: 531
Adopted Date: 6/10/1986
Revised Date(s): 01/14/2008, 04/09/2012, 02/11/2019, 05/10/2022, 02/13/2024
Reviewed Date(s): 12/01/1990, 06/24/1996, 11/10/2003, 01/14/2008, 04/09/2012, 11/09/2015, 04/12/2022, 05/10/2022, 02/13/2024
Attachments:

l. PURPOSE

The purpose of this policy is to provide for the recitation of the Pledge of Allegiance and instruction in school to help further that end.

ll. GENERAL STATEMENT
 
The School Board recognizes the need to display an appropriate United States flag and to provide instruction to students in the proper etiquette, display, and respect of the flag.

Students in Moorhead Area Public Schools shall have the opportunity to recite the Pledge of Allegiance to the flag of the United States of America one or more times each week. The recitation shall be conducted:

A. By each individual classroom teacher or the teacher's surrogate; or

B. Over a school audio or video communication system by a person designated by the building administrator or other person having administrative control over the school.

The School Board wishes to set an example for the school district's staff and students. Therefore, the Pledge of Allegiance shall be recited at the beginning of each meeting of the School Board.

III. EXCEPTIONS

Anyone who does not wish to participate in reciting the Pledge of Allegiance for any personal reasons may elect not to do so. Students and school personnel must respect another person's right to make that choice.

IV. INSTRUCTION

Students will be instructed in the proper etiquette toward, correct display of, and respect for the flag and in patriotic exercises.

Legal References:
Minn. Stat. 121A.11, Subd. 3 (Pledge of Allegiance)
Minn. Stat. 121A.11, Subd. 4 (Instruction)

Cross Reference:
MSBA/MASA Model Policy 531 (The Pledge of Allegiance)
Title I Policy Governing Comparability
Type: School Board Policy
Section: 600 EDUCATION PROGRAMS
Code: 630
Adopted Date: 6/13/1978
Revised Date(s): 12/08/2008, 02/25/2013, 02/08/2016, 05/10/2022
Reviewed Date(s): 02/13/1990, 01/06/1992, 09/25/1995, 05/08/2000, 12/13/2004, 12/08/2008, 02/25/2013, 02/08/2016, 05/02/2019, 04/12/2022, 04/13/2022, 05/10/2022
Attachments:

I.  PURPOSE

The purpose of the policy is to provide the requirements to assure comparability for target and nontarget schools for Title I funding.

II. GENERAL STATEMENT

Moorhead Area Public Schools shall assure that instructional resources, materials, supplies, and staffing costs are provided for each target school on a basis that is comparable to that for nontarget schools and other target schools.

Comparability, as it relates to staff, shall include equivalence among schools in teachers, administrators, and auxiliary instructional personnel who are paid with state and/or local funds. The average number of children enrolled per instructional FTE (full-time equivalents) for each target school shall not be more than 110 percent of the average number of children enrolled per instructional FTE in the nontarget schools and other target schools.

 
Legal Reference:
U.S. Senate File S.1177 (Every Student Succeeds Act (ESSA))

Cross Reference:
Moorhead School Board Policy 607: Title I Policy Governing Parental Involvement

 

Tobacco-Free Environment; Possession and Use of Tobacco-Related Devices, and Electronic Delivery Devices; Vaping Awareness and Prevention Instruction
Type: School Board Policy
Section: 400 EMPLOYEES/PERSONNEL
Code: 419
Adopted Date: 6/23/1987
Revised Date(s): 10/13/2008, 06/10/2013, 06/13/2016, 10/08/2018, 02/17/2021, 08/29/2023
Reviewed Date(s): 04/28/1992, 04/22/1996, 06/11/2001, 07/05/2001, 06/13/2005, 10/13/2008, 06/10/2013, 06/13/2016, 10/08/2018, 01/20/2021, 02/17/2021, 08/29/2023
Attachments:

l. PURPOSE

The purpose of this policy is to maintain a learning and working environment that is tobacco-free.

II. GENERAL STATEMENTS 

A. A violation of this policy occurs when any student, teacher, administrator, other school personnel of the school district, or person smokes or uses tobacco, tobacco-related devices, or electronic cigarettes in a public school. This prohibition extends to all facilities, whether owned, rented, or leased, and all vehicles that a school district owns, leases, rents, contracts for, or controls. In addition, this prohibition includes vehicles that are used in whole or in part for work purposes in places of employment during hours of school operation if more than one person is present. This prohibition includes all school district property and all off-campus events sponsored by the school district.
 
B. A violation of this policy occurs when any elementary school, middle school, or secondary school student possesses any type of tobacco, tobacco-related device, or electronic cigarette in a public school. This prohibition extends to all facilities, whether owned, rented, or leased, and all vehicles that a school district owns, leases, rents, contracts for, or controls and includes vehicles used, in whole or in part, for school purposes, during hours of school operation, if more than one person is present. This prohibition includes all school district property and all off-campus events sponsored by the school district.
 
C. The school district will act to enforce this policy and to discipline or take appropriate action against any student, teacher, administrator, school personnel, or person who is found to have violated this policy.
 
D. The school district will not solicit or accept any contributions or gifts of money, curricula, materials, or equipment from companies that directly manufacture and are identified with tobacco products, devices, or electronic cigarettes. The school district will not promote or allow promotion of tobacco products or e-cigarettes on school property or at school-sponsored events. 
 
III. DEFINITIONS
 
A. “Electronic delivery device” means any product containing or delivering nicotine, lobelia, and/or other similar substance, whether natural or synthetic, intended for human consumption through inhalation of aerosol or vapor from the product. Electronic delivery devices includes, but not limited to, devices manufactured, distributed, marketed, or sold as electronic cigarettes, electronic cigars, electronic pipes, or under another product name or descriptor. Electronic delivery device includes and component part of a product, whether or not marketed or sold separately. Electronic delivery device excludes drugs, devices, or combination products, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, that are authorized for sale by the United States Food and Drug Administration.
 
B. "Heated tobacco product" means a tobacco product that produces aerosols containing nicotine and other chemicals which are inhaled by users through the mouth.
 
C. “Tobacco” means cigarettes and any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product, including, but not limited to, cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; Cavendish; plug and twist tobacco; fine cut and other chewing tobacco; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco. Tobacco excludes any drugs, devices, or combination products, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, that are authorized for sale by the United States Food and Drug Administration.
 
D. “Tobacco-related devices” means cigarette papers or pipes for smoking or other devices intentionally designed or intended to be used in a manner which enables the chewing, sniffing, smoking, or inhalation of vapors of tobacco or tobacco products. Tobacco-related devices include components of tobacco-related devices which may be marketed or sold separately. 
 
E. “Smoking” means inhaling or exhaling smoke from any lighted cigar, cigarette, pipe, or any other lighted tobacco or plant product.  Smoking also includes carrying a lighted cigar, cigarette, pipe, or any other lighted tobacco or plant product intended for inhalation or the use of electronic cigarettes, including the inhaling and exhaling of vapor from any electronic delivery device.
 
F. "Vaping" means using an activated electronic delivery device or heated tobacco product.
 
IV. EXCEPTIONS
 
A. A violation of this policy does not occur when an American Indian adult lights tobacco on school district property as a part of a traditional American Indian spiritual or cultural ceremony. An American Indian student may carry a medicine pouch containing loose tobacco intended as observance of traditional spiritual or cultural practices. An American Indian is a person who is a member of an American Indian tribe as defined under Minnesota law.
 
B. A violation of this policy does not occur when an adult non-student possesses a tobacco or nicotine product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose.
 
V. VAPING PREVENTION INSTRUCTION
 
A. The school district must provide vaping presentation instruction at least once to students in grades 6 through 8.
 
B.  The school district may use instructional materials based upon the Minnesota Department of Health's school e-cigarette toolkit or may use other smoking prevention instructional material with a focus on vaping and the use of electronic delivery devices and heated tobacco products. The instruction may be provided as part of the school district's locally developed health standards.
 
VI. ENFORCEMENT

A. All individuals on school premises shall adhere to this policy. Signs will be placed at the entrance to each school district building stating that it is a tobacco-free environment.

B. Students who violate this tobacco-free policy shall be subject to school district discipline procedures.  Moorhead School Board Policy 506: Student Discipline and Administrative Procedures 506.1: Discipline Procedures, 506.2: Tennessen Warning and 506.3: Notice of Suspension Form.
 
C. School district administrators and other school personnel who violate this tobacco-free policy shall be subject to school district discipline procedures. One verbal warning, accompanied by a written warning, shall be issued to the staff member. Further violations shall be considered insubordination and shall be dealt with accordingly, based on applicable collective bargaining agreements, if any, and Minnesota statutes.
 
D. School district action taken for violation of this policy will be consistent with requirements of applicable collective bargaining agreements, Minnesota or federal law, and school district policies.
 
E. Persons who violate this tobacco-free policy may be referred to the building administrator or other school district supervisory personnel responsible for the area or program at which the violation occurred.
 
F. School administrators may call the local law enforcement agency to assist with enforcement of this policy. Smoking or use of any tobacco product in a public school is a violation of the Minnesota Clean Indoor Air Act and/or the Freedom to Breathe Act of 2007 and is a misdemeanor. A court injunction may be instituted against a repeated violator.

G. No persons shall be discharged, refused to be hired, penalized, discriminated against, or in any manner retaliated against for exercising any right to a smoke-free environment provided by the Freedom to Breathe Act of 2007 or other law.

H. Tobacco Free Assistance

1. The Moorhead Area Public Schools will be proactive in tobacco-free help programs. A list of several resources will be made available for the convenience and preference of the employee.

2. Student help programs will be provided for students as outlined in Moorhead School Board Policy 553: Crisis Intervention and Student Support.

VI. DISSEMINATION OF POLICY 

A. Notification will be provided indicating that Moorhead Area Public Schools are a tobacco-free environment.

B. This policy shall appear in student and employee handbooks.

C. The school district will develop a method of discussing this policy with students and employees.

Legal References:
Minn. Stat. 120B.238 (Vaping Awareness and Prevention)
Minn. Stat. 609.685 (Sale of Tobacco to Children)  
Minn. Stat. 144.411-144.417 (Minnesota Clean Indoor Air Act)
2007 Minn. Laws Ch. 82 (Freedom to Breathe Act of 2007)
 
Cross References:
Moorhead School Board Policy 506: Student Discipline
Moorhead School Board Policy 553: Crisis Intervention and Student Support
Moorhead School Board Policy 418: Drug-Free Workplace/Drug-Free School
MSBA/MASA Model Policy 419 (Tobacco-Free Environment)
Transportation Drug Testing Procedures
Type: Administrative Procedure
Section: 400 EMPLOYEES/PERSONNEL
Code: 416.1
Adopted Date: 12/12/1994
Revised Date(s): 04/09/2007, 04/10/2017
Reviewed Date(s): 11/19/2002, 04/09/2007, 04/13/2015, 04/10/2017
Attachments:

TRANSPORTATION DRUG TESTING PROCEDURES

These procedures cover all applicants (including rehires) and current employees (including temporary employees) who have been hired by the district, or hired by a company operating under contract to Moorhead Area Public Schools for the purpose of, driving a school bus to transport people for any school-related purpose.

TESTING PROGRAM

Moorhead Area Public Schools has established a testing program for drugs (including alcohol and controlled substances) for employees operating school buses to transport people for school-related activities. Testing will be conducted as follows:

1. Preemployment - as a condition of employment
2. Random - during the course of employment
3. Post accident
4. Reasonable suspicion

Pre-employment Testing

The Moorhead Area Public Schools will test all applicants, whether new employees or rehires, as a condition of employment. The Moorhead Area Public Schools require that every newly hired and licensed school bus driver (CDL) be free of illegal drugs, controlled substances or alcohol. Each offer of employment shall be conditioned upon the successful completion of a test for illegal drugs, controlled substances and alcohol as prescribed by the federal law. Any applicant who tests positive in the pre-employment drug/alcohol test shall be rejected and shall be ineligible for hire for 12 months unless the applicant adequately establishes a legal basis for the use of the drug, controlled substance or alcohol with respect to which the applicant tested positive.

Random Testing

Employees who have been hired to drive a school owned/operated or leased school bus shall be subject to random testing annually at a rate of 50 percent of work force for drugs and 10 percent of work force for alcohol.

Post Accident

Any employee involved in an accident while driving a school owned/operated or leased school bus will be required to participate in a post-accident drug test if:

1. The driver was performing safety sensitive functions with respect to the vehicle, if the accident involved loss of human life;
or.

2. The driver received a citation under state or local law for a moving traffic violation arising from the accident. (49 CFR 382.303)

No driver shall use alcohol for 8 hours after the accident, or until after undergoing a post accident alcohol test, whichever occurs first. If an alcohol test is not administered within two (2) hours or if a drug is not administered within thirty-two (32) hours, then the employer shall prepare and maintain records explaining why the test was not conducted. Alcohol tests will not be given if not administered within eight (8) hours post accident, or thirty-two (32) hours for other drugs.

Return to Work

Any employee who has voluntarily terminated employment, been released from duties, or who has participated in an employee benefit program as a result of a positive drug test, will be required to take a drug test prior to returning to work at the Moorhead Area Public Schools.

Follow-up Testing

A driver who violates the district's drug or alcohol prohibition and is subsequently identified by a substance abuse professional as needing assistance in resolving a drug or alcohol problem shall be subject to unannounced follow-up testing as directed by the substance abuse professional in accordance with law. Follow-up alcohol testing shall be conducted just before, during or just after the time when the driver is performing safety-sensitive functions. (49 CFR 382.311)

Reasonable Suspicion Testing

Whenever the Moorhead Area Public Schools, Transportation Safety Director or his/her designee, or other school district official, has reasonable suspicion that an employee has used illegal drugs or alcohol, prior to performing, while performing, or immediately after performing any job related task, Moorhead Area Public Schools may require testing, as prescribed by the Moorhead Area Public Schools, and law.

Reasonable suspicion must be based upon, specific, articulate observations of appearance, behavior, speech, or body odors. The observations may include indications of the chronic withdrawal effect, of controlled substances. The determination of reasonable suspicion must be made by a district official with training in accordance with law, that the driver/employee has violated the districts alcohol or drug prohibitions.

Records

Employee drug and alcohol test results and records shall be maintained under strict confidentiality and release only in accordance with law. Upon written request, a driver shall receive copies of any records pertaining to their use of drugs or alcohol, including any records pertaining to their use of drug or alcohol tests. Records shall be made available to a subsequent employer or other identified persons only as expressly requested in writing by the driver. (49 CFR 382.405)

Notification

Each driver shall receive educational materials that explain the requirements of the Code of Federal Regulations Title 49, Part 382, together with a copy of the district's policy and regulations for meeting these requirements. Representatives of employee organizations shall be notified of the availability of this information. The information shall identify:

1. The person designated by the district to answer driver questions about the materials;

2. The categories of drivers who are subject to the Code of Federal Regulations, Title 49, Part 382;

3. Sufficient information about the safety-sensitive functions performed by drivers to make clear what period of the work day the driver is required to comply with Part 382;

4. Specific information concerning driver conduct that is prohibited by Part 382;

5. The circumstances under which a driver will be tested for drugs and/or alcohol under Part 382;

6. The procedures that will be used to test for the presence of drugs and alcohol, protect the driver and the integrity of the testing processed, safeguard the validity of the test results and ensure that test results are attributed to the correct driver;

7. The requirement that a driver submit to drug and alcohol tests administered in accordance with Part 382;

8. An explanation of what constitutes a refusal to submit to a drug or alcohol test and the attendant consequences;

9. The consequences for drivers found to have violated the drug and alcohol prohibitions of Part 382, including the requirement that the driver be removed immediately from safety-sensitive functions and the procedures for referral, evaluation and treatment;

10. The consequences for drivers found to have an alcohol concentration of 0.02 or greater but less than 0.04; and

11. Information concerning the effects of drugs and alcohol on an individual's health, work and personal life' signs and symptoms of a drug or alcohol problem (the driver's or a coworker's) ; and available methods of intervening when a drug or alcohol problem is suspected, including confrontation, referral to an employee assistance program and/or referral to management. (49 CFR 382.601)

TESTING PROCEDURES

1. Prior to testing, the Moorhead Area Public Schools will afford applicants and employees (subject to testing) the opportunity to list all prescription and non-prescription drugs and controlled substances they have used and to explain the circumstances surrounding the us of such drugs and controlled substances. Failure of any employee to adequately establish a legal basis for the use of any drug or controlled substance with respect to which the employee tests positive shall constitute a violation of this policy.

2. Applicants and employees subject to testing must, prior to testing, sign an approval form agreeing to the testing, authorizing the release of test results to the Moorhead Area Public Schools Transportation Safety Director, and authorizing the disclosure of the results by the Transportation Department to a personnel representative. The Transportation Department will obtain the results of the analyses and communicate or disclose such results to a personnel representative in accordance with Moorhead Area Public Schools officers, employees, agents, and representatives may use such information in connection with school business and disclose it when required to Government agencies and to others upon valid legal requests, legal proceedings, and other situations to protect the interests of the otherwise in accordance with policies on employee data privacy.

3. The Moorhead Area Public Schools, prior to taking any action, will give all employees who test positive the opportunity to explain in writing the test results. Failure of any employee to establish adequately a legal basis for use of any drug, alcohol, or controlled substance with respect to which the employee tests positive shall constitute a violation of this policy. Additionally, any employee who tests positive on the initial screening shall have the opportunity to re-test, at their expense.

4. The Moorhead Area Public Schools will establish and maintain any and all additional testing programs and requirements that may be necessary or appropriate to comply with applicable rules and regulations of all government agencies.
 
ATTACHMENTS TO DRUG AND ALCOHOL TESTING POLICY

Attachments A through D are to be used in conjunction with the drug and alcohol testing of bus drivers and driver applicants.

* Attachment A is a "Driver Acknowledgment -- Drug and Alcohol Testing Policy Materials" form which should be used to document receipt of the policy and other materials by drivers and driver applicants. It is referred to in Article III, Section C, paragraph 4 of the policy.

* Attachment B is a "Bus Driver or Driver Applicant -- Authorization to Release Information" form. It is referred to in Article III, Section H, paragraph 1 of the policy.

* Attachment C is a "Bus Driver or Driver Applicant -- Refusal to Submit to Testing" form. It is referred to in Article III, Section H, paragraph 8 of the policy.

Attachments D through H are to be used in conjunction with drug and alcohol testing of non-bus drivers and applicants.

* Attachment D is a "Pretest Notice" that must be provided to non-school bus driver employees or job applicants before requesting that the employee or job applicant undergo drug or alcohol testing. It is referred to in Article IV, Section E, paragraph 1 of the policy.

* Attachment E is a "Notice of Test Results and Various Rights" which should be used by the district when notifying non-school bus driver employees or job applicants of test results and other rights. It is referred to in Article IV, Section E, paragraph 6 of the policy.

* Attachment F is an "Explanation of a Positive Test Result" which is used by the district when an applicant has a positive test result. It is referred to in Article IV, Section E, paragraph 4. of the policy.

Attachment G, entitled "Acknowledgment -- Drug and Alcohol Testing Policy" which is used to document the written notice of the policy that was given to all affected employees. It is referred to in Article IV, Section J of the policy.

* Attachment H, entitled “Behavioral Observation Checklist--Reasonable Suspicion” which is used by a trained observer who has a reasonable suspicion to believe an employee has used or is under the influence of alcohol and/or controlled substances while on duty.

Attachments are included.

 
 
 
 
 
 
Transportation Plan
Type: Administrative Procedure
Section: 700 NON-INSTRUCTIONAL OPERATIONS AND BUSINESS SERVICES
Code: 720.2
Adopted Date: 6/23/2010
Revised Date(s): 12/15/2014, 06/25/2018
Reviewed Date(s): 12/15/2014, 06/25/2018
Attachments:
Transportation Plan
Travel Request Form
Type: Administrative Procedure
Section: 400 EMPLOYEES/PERSONNEL
Code: 412.1
Adopted Date: 5/11/2009
Revised Date(s): 04/27/2010, 01/02/2014, 05/08/2017, 10/13/2021
Reviewed Date(s): 04/27/2010, 01/02/2014, 05/08/2017, 10/13/2021
Attachments:

 Administrative Procedure 412.1 

Tuition Fees
Type: Administrative Procedure
Section: 500 STUDENTS
Code: 512.1
Adopted Date: 4/26/2010
Revised Date(s): 08/31/2010, 08/29/2011, 11/12/2012, 05/30/2013, 06/23/2014, 06/22/2015, 06/13/2016, 06/12/2017, 08/21/2019
Reviewed Date(s): 08/31/2010, 08/29/2011, 11/12/2012, 05/30/2013, 06/23/2014, 06/22/2015, 06/13/2016, 12/12/2016, 06/12/2017
Attachments:
Adm. Procedure is attached.
 
 
 
Tuition Fees
Type: School Board Policy
Section: 500 STUDENTS
Code: 512
Adopted Date: 9/13/1988
Revised Date(s): 05/11/2009, 04/26/2010, 12/09/2013
Reviewed Date(s): 08/13/1991, 07/06/1993, 08/28/1995, 08/26/1996, 07/28/1997, 08/10/1998, 07/19/1999, 06/26/2000, 11/10/2003, 09/26/2005, 06/12/2006, 08/27/2007, 05/11/2009, 04/26/2010, 12/09/2013, 12/12/2016, 03/18/2020, 02/14/2023
Attachments:

I. PURPOSE

The purpose of this policy is to set fees annually for out-of-state students to attend Moorhead Area Public Schools.

II. GENERAL STATEMENT

Tuition fees for full-time students are based on the basic general education formula allowance and pupil weighting as identified in Minn. Stat. 126C.10 and outlined in Administrative Procedure 512.1.

Legal References:
Minn. Stat. 124D.04 (Options for Enrolling in Adjoining States)
Minn. Stat. 126C.10 (General Education Revenue) 


Cross Reference:
Moorhead School Board Policy 511: Enrollment of Nonresident Students

Use of All School Equipment and Materials for Instructional Purposes Off School Premises
Type: School Board Policy
Section: 700 NON-INSTRUCTIONAL OPERATIONS AND BUSINESS SERVICES
Code: 732
Adopted Date: 4/10/1984
Revised Date(s): 02/12/2007, 12/12/2011, 05/10/2022
Reviewed Date(s): 03/23/1993, 05/11/1998, 06/09/2003, 02/12/2007, 12/12/2011, 04/11/2016, 05/02/2019, 04/12/2022, 05/10/2022
Attachments:

I. PURPOSE

The purpose of this policy is to notify staff, students, and outside organizations of the protocol relating to the use of school equipment and materials off school premises.

II. GENERAL STATEMENT
 
It may be necessary for staff, students, and outside organizations to use school equipment and materials off school premises for instructional purposes, not for recreational purposes or personal gain.
 
Each building administrator, in consultation with appropriate staff, shall have the responsibility of developing a circulation policy for instructional materials that will encourage access to these materials by students and staff. It must be recognized that restrictions on off-school-premise circulation of certain types of materials and equipment may be necessary, such as when the circulation would result in a violation of contractual or copyright agreements that the school district has entered into with other agencies (example: teachers' manuals or computer software).

Each borrower shall bear the responsibility for returning the equipment or materials in the same condition as when received. The school district shall be reimbursed by the borrower for the loss or damage to any school equipment or materials. This would include textbooks, library books, athletic equipment, music equipment, computers, audiovisual equipment, etc. The cost of the reimbursement shall be based on the amount of the original purchase price in the event of loss or damaged beyond repair. When repair is possible, the reimbursement shall be set at the exact costs of repair or an amount agreed upon by the school administration.

Individuals requesting off-premise use of district equipment and materials must complete Administrative Procedure 732.1.
 
 
Legal Reference:
Federal Copyright Law, Public Law 94-553

Cross References:
Moorhead School Board Policy 440: Employee Publications, Instructional Materials, Inventions, and Creations
Moorhead School Board Policy 730: School District Copyright Policy
Moorhead School Board Policy 831: Rental of District Musical Instruments
Use of Copyrighted Materials
Type: Administrative Procedure
Section: 600 EDUCATION PROGRAMS
Code: 606.7
Adopted Date: 12/8/2008
Revised Date(s): 02/23/2015
Reviewed Date(s): 02/23/2015, 06/25/2018
Attachments:

To help you decide when and how to use copyrighted materials in your creative or academic work, Moorhead Area Public Schools recommends that students and teachers have a good understanding of copyright and fair use.

When creating digital media productions as part of academic or creative work, students or teachers may want to incorporate copyrighted materials, including photographs, music, film or video clips. They may want to use written excerpts, clips or even the whole work. They may want to use materials produced by media professionals (like the Associated Press, the New York Times, PBS News Hour, or ABC News) as well as media produced by amateurs (like quotes from bloggers, Flickr photos, or YouTube videos).

These guidelines apply to the work of students and teachers who use other people's copyrighted material as part of their own academic or creative work, and they embody the core legal principles of the Copyright Act of 1976.

THE BASICS

The purpose of copyright law is to promote creativity, innovation and the spread of knowledge. The law does this by balancing the rights of both authors (copyright holders) and users.

Authors' Rights. Any creative work, in fixed and tangible form, is copyrighted. Anything you create (writing, video, images, music, etc.) is automatically copyrighted at the moment you create it. As a creative individual, you are protected by copyright law, which gives you rights to control how your works are distributed. As the copyright holder, you are responsible for detecting infringement. When other people distribute your copyrighted work without your permission, this may be an infringement of your legal rights. Violating copyright can have severe financial consequences but it can be expensive and time-consuming to pursue legal action.

Users' Rights. Under some circumstances, users can use copyrighted works as part of their own creative work. The doctrine of fair use (Section 107 of the Copyright Act of 1976) states that people can use copyrighted works without payment or permission when the social benefit of the use outweighs the harms to the copyright holder. To make a fair use determination, users consider all the factors involved in the context and situation of their use of the copyrighted material. Fair use is especially helpful when people want to use small amounts of a copyrighted work for socially beneficial purposes, like news reporting, teaching, comment and criticism, research and scholarship. In the context of copyright law, the doctrine of fair use is one of the main guarantees of free expression. News reporters depend on fair use because of its obvious importance in disseminating information. Broadcasting professionals routinely claim fair use when they make use of short clips from popular films, classic TV programs, archival images, and popular songs without payment or permission.

Special Exemptions for Teachers and Librarians. Copyright law includes provisions that enable educators to use copyrighted material for teaching and learning. Section 110 allows educators to make performances and displays of all types of works in a classroom. Students and teachers can show videos, read plays, project slides or use copyrighted materials in other ways for educational purposes. When materials are used for online distribution, the law allows posting of materials to servers under some conditions. When teachers want to use materials for online learning, they may also rely on the doctrine of fair use or seek permission.

ATTRIBUTION AND GOOD FAITH

Some people mistakenly believe that they can use any copyrighted work in their own creative work as long as they "cite their sources" or use attribution to identify the author. Using attribution is sign of good faith in the fair use process, but it does not shield a user from copyright liability. That's why it's important to make a careful fair use determination using the process described below. NAME OF SCHOOL DISTRICT recommends that you make use of attribution whenever possible. But attribution is not required in order to claim fair use. Many broadcasters use short excerpts of copyrighted clips under fair use without attribution, for example. Students and teachers should review the various norms for attribution that exist across different media genres (non-fiction, scientific writing, art, poetry, websites, documentary film, etc).

MAKING A FAIR USE DETERMINATION

Critical thinking is required to make a fair use determination. Ask yourself two questions:

1. Transformativeness. Is my use of a copyrighted work transformative? Am I using the material for a different purpose than that of the original? Or am I just repeating the work for the same intent and value as the original?

2. Amount. Am I using only the amount I need to accomplish my purpose, considering the nature of the copyrighted work and my use of it?

The law empowers users to make a fair use determination for themselves. Thinking about the issue from the perspective of both the copyright holder and your own point of view is important.

Moorhead Area Public School District recommends that when using copyrighted material in your digital media production, you put your answers to these questions in writing, using reasoning to support your ideas. A supervising Moorhead Area Public School District teacher should collect these documents as part of the pre-production process.

REVIEW THE CODES OF BEST PRACTICE IN FAIR USE

A number of creative communities have developed documents to help people understand how to use fair use reasoning.

Review the Code of Best Practices for Media Literacy Education which identifies common situations where fair use clearly applies to the use of copyrighted materials for building students' critical thinking and communication skills. Educators can:

Make copies of newspaper articles, TV shows, and other copyrighted materials and use them and keep them for educational use.
 
Create curriculum materials and scholarship that contain embedded copyrighted materials.
 
Share, sell and distribute curriculum materials that contain embedded copyrighted materials.
 
Learners can use copyrighted works in creating new materials and distribute their work digitally if they meet the transformativeness standard.

Also review the Code of Best Practices for Online Video, which applies to the creation of new videos that are distributed online. People can use copyrighted material:

To comment on or critique copyrighted material.
 
To use copyrighted material for illustration or example. 
 
When capturing copyrighted material incidentally or accidentally.
 
When reproducing, re-posting, or quoting in order to memorialize, preserve, or rescue an experience, an event, or a cultural phenomenon.
 
For copying, re-posting and re-circulating a work or part of a work for purposes of launching a discussion.
 
When quoting in order to recombine elements to make a new work that depends for its meaning on the (often unlikely) relationships between the elements.

PERMISSIONS AND LICENSING

If you're using copyrighted material for the same purpose as the original or otherwise do not feel that your use of the work qualifies for a fair use exemption, The Moorhead Area Public School District recommends that you ask permission from the copyright holder. For amateur creations (independent musicians, Flickr photos, YouTube videos), send the creator an email requesting to use their work. Request permission by stating your purpose and describe how you're using their work, along with your name and full contact information

When using commercial or professional work (AP photos, music) for non-transformative purposes that do not qualify for a fair use exemption, The Moorhead Area Public School District recommends that you use the licensing process, which generally involves filling out a form or sending an email. When using copyrighted work under Creative Commons licenses, you can simply use the work.

FREQUENTLY ASKED QUESTIONS

Here are some examples of how fair use reasoning can be applied to specific situations.

1. Can I use facts, information or quotes from a research report, blog, news story or website? This depends on how you use it. Using small amounts of information, facts or quotes from copyrighted print materials is fair use. Identifying the source of the information shows good faith.

2. Can I use clips from YouTube or Hollywood movies in my academic or creative work? This depends on how you use it. Using movie clips in a news broadcast may be transformative since the clip in used a new context. If the clip's original purpose was to entertain, but you are using it to inform, that's very transformative. However, if the original purpose was informative, and you're using it for the same purpose, that's less transformative. Be sure to use just the amount you need to accomplish your specific purpose.

3. Can I use images or photos in my academic or creative work? This depends on how you use it. Consider the original purpose of the work in relation to your use of it. For example, the purpose of a news photo is to provide information about news and current events. If you use the photo for the same exact purpose, that's not very transformative. If you're using the photo as an example or illustration, you may claim fair use. When you're using an image or photo for a different purpose than it was originally intended, you may claim fair use. Otherwise, you should ask permission and use the licensing process.

4. Can I use clips from popular music in my academic or creative work? This depends on how you use it. The purpose of pop music is to entertain by creating a particular mood, feeling or emotion. If you're using the clip to accomplish this same goal, that's not very transformative. But if you're commenting or critiquing the music, that's a clear example of fair use. If you're using a short sample of a song as an illustration of a larger idea, you may claim fair use. But if you're merely exploiting the familiarity of the song to attract people's attention, then you should ask permission and seek a license.

5. Can I show my academic or creative work in the classroom or on the school closed-circuit network? If doing so is part of an educational experience, you can display your academic or creative work when it makes use of copyrighted materials.

6. Can I show my academic or creative work to the community on public access TV or at a public event? When your work is transformative under the fair use standard, your new work is protected by copyright, and you can choose to distribute it in any way you want. When you use copyrighted materials in non-transformative ways (exhibiting a entertainment film at a fundraiser, for example), you should ask permission and seek a license.

7. When my academic or creative work uses copyrighted materials, can I post it to YouTube or somewhere else online? When your work is transformative under the fair use standard, your new work is protected by copyright, and you can choose to distribute it in any way you want. If your academic or creative work is removed from YouTube or another Internet Service Provider by a mechanized takedown process, you can claim fair use and have it reinstated.

Learn More about Your Rights and Responsibilities Under the Law

Moorhead Area Public School District encourages students and faculty to understand their rights and responsibilities under copyright law. To learn more, we recommend:

The Copyright Advisory Office, Columbia University

Reclaiming Fair Use: How to Put Balance Back in Copyright by Patricia Aufderheide and Peter Jaszi

Copyright Clarity: How Fair Use Supports Digital Learning by Renee Hobbs

Code of Best Practices in Fair Use for Media Literacy Education

Code of Best Practices in Fair Use for Online Video

Adapted from the Model Copyright Policy for Using Copyright Materials in Digital Media Production developed by Renee Hobbs, Temple University, Media Education Lab

Use of Moorhead Area Public Schools Electronic Network Violation Report
Type: Administrative Procedure
Section: 500 STUDENTS
Code: 524.3
Adopted Date: 2/8/1999
Revised Date(s): 07/12/2006, 05/14/2012, 07/13/2021
Reviewed Date(s): 07/12/2006, 05/14/2012, 02/23/2015, 12/14/2015, 04/10/2017, 12/11/2017
Attachments:

Below is an example of a form that may be used for parent/guardian notification of a student violation of the network policy:

Student name: ________________________________________________________

Violation reported by: __________________________________________________

Violation date: ________________________________________________________

Circle the violation(s) of Moorhead Area Public Schools Electronic Network Policy and return to the building administrator:

1. Use of the district's system for commercial transactions. This is related to purchasing goods and services over the Internet. If violations occur, the user and/or the parent/guardian assumes full responsibility for any liabilities or costs generated by such activities.

2. The use of the system to submit, publish or display inaccurate information is inappropriate.
 
3. The use of the system to submit, publish, store or display objectionable materials is prohibited. Objectionable material includes:
 
a) Information that encourages the use of tobacco, alcohol or controlled substances or otherwise promotes associated activities.
 
 
b) Information or software which is in violation of the copyright or license agreements.
 
c) Information which encourages the toleration or promotion of discrimination against individuals or groups.
 
d) Information or software that is pornographic or sexually explicit in nature.
 
e) Information that is disruptive to appropriate classroom demeanor.
 
4. Use of another individual's account or folder.
 
5. Writing or saving files to an account other than their own.
 
6. Forgery or tampering with electronic mail.
 
7. Excessive electronic mail on server.
 
8. Exceeding space quotas.
 
9. System vandalism which includes uploading or creation of computer viruses is prohibited.
 
10. Copyrighted materials placed on the system without author's permission.
 
11. Any action of the user which results in a compromise of the system security.
 
12. Violation of classroom computer use policy rules:
 
* Use of computers without permission.

* Abuse or misuse of computer equipment.
 
* Use of chat lines, email systems or games during class time.
 
* Eating or drinking while using computers.

Consequence will be determined by the building administrator in collaboration with teachers and district administrators in accordance with district discipline policies.


 
____________________________________________________________
Student Signature

____________________________________________________________
Date

 

____________________________________________________________
Parent/Guardian Signature

____________________________________________________________
Date
 
 

____________________________________________________________
Principal/Building Administrator Signature

____________________________________________________________
Date
Use of Peace Officers and Crisis Teams to Remove Students with IEPs from School Grounds
Type: School Board Policy
Section: 500 STUDENTS
Code: 532
Adopted Date: 3/8/2004
Revised Date(s): 02/11/2008, 11/14/2011, 12/14/2015, 12/12/2016, 02/17/2021
Reviewed Date(s): 02/11/2008, 11/14/2011, 12/14/2015, 12/12/2016, 02/12/2018, 01/20/2021, 02/17/2021
Attachments:

I. PURPOSE

The purpose of this policy is to describe the appropriate use of peace officers and crisis teams to remove, if necessary, a student with an individualized education program (IEP) from school grounds.

II. GENERAL STATEMENT

The Moorhead Area Public Schools is committed to promoting learning environments that are safe for all members of the school community. It further believes that students are the first priority and that they should be reasonably protected from physical or emotional harm at all school locations and during all school activities.

All students, including those with IEPs, are subject to the terms of the school district's discipline policy. Building level administrators have the leadership responsibility to maintain a safe, secure, and orderly educational environment within which learning can occur. Corrective action to discipline a student and/or modify a student's behavior will be taken by staff when a student's behavior violates the school district's discipline policy.

If a student with an IEP engages in conduct which, in the judgment of school personnel, endangers or may endanger the health, safety, or property of the student, other students, staff members, or school property, that student may be removed from school grounds in accordance with this policy.

III. DEFINITIONS

For purposes of this policy, the following terms have the meaning given them in this section:

A. "Student with an IEP" or "the student" means a student who is eligible to receive special education and related services pursuant to the terms of an IEP or an individual interagency intervention plan (IIIP).

B. "Peace officer" means an employee or an elected or appointed official of a political subdivision or law enforcement agency who is licensed by the Board of Peace Officer Standards and Training, charged with the prevention and detection of crime and the enforcement of general criminal laws of the state and who has the full power of arrest. The term "peace officer" includes a person who serves as a sheriff, a deputy sheriff, a police officer, or a state patrol trooper.

C. "Police liaison officer" is a peace officer who, pursuant to an agreement between the school district and a political subdivision or law enforcement agency, is assigned to a school building for all or a portion of the school day to provide law enforcement assistance and support to the building administration and to promote school safety, security, and positive relationships with students.

D. "Crisis team" means a group of persons, which may include teachers and non-teaching school personnel, selected by the building administrator in each school building who have received crisis intervention training and are responsible for becoming actively involved with resolving crises. The building administrator or designee shall serve as a leader of the crisis team.

E. The phrase "remove the student from school grounds" is the act of securing the person of a student with an IEP and escorting that student from the school building or school activity at which the student with an IEP is located.

F. "Emergency" means a situation where immediate intervention is needed to protect a student or other individual from physical injury.

G. All other terms and phrases used in this policy shall be defined in accordance with applicable state and federal law or ordinary and customary usage.

IV. REMOVAL OF STUDENTS WITH IEPS FROM SCHOOL GROUNDS

A. Removal By Crisis Team

If the behavior of a student with an IEP escalates to the point where the student's behavior endangers or may endanger the health or safety of the student, other students or staff members, the school building's crisis team may be summoned. The crisis team may attempt to de-escalate the student's behavior by means including, but not limited to, those described in the student's IEP and/or behavior intervention plan. When such measures fail, or when the crisis team determines that the student's behavior continues to endanger or may endanger the health, safety, or property of the student, other students, staff members, or school property, the crisis team may remove the student from school grounds.

If the student's behavior cannot be safely managed, school personnel may immediately request assistance from the police liaison officer or a peace officer.

B. Removal by Police Liaison Officer or Peace Officer

If a student with an IEP engages in conduct which endangers or may endanger the health or safety of the student, other students or staff members, the school building's crisis team, building administrator, or the building administrator's designee, may request that the police liaison officer or a peace officer remove the student from school grounds.

If a student with an IEP is restrained or removed from a classroom, school building, or school grounds by a peace officer at the request of a school administrator or school staff person during the school day twice in a 30 calendar-day period, the student's IEP team must meet to determine if the student's IEP is adequate or if additional evaluation is needed.

Whether or not a student with an IEP engages in conduct which endangers or may endanger the health, safety, or property of the student, other students, staff members, or school property, school district personnel may report a crime committed by a student with an IEP to appropriate authorities.  If the school district reports a crime committed by a student with an IEP, school personnel shall transmit copies of the special education and disciplinary records of the student for consideration by appropriate authorities to whom it reports the crime, to the extent that the transmission is permitted by the Family Education Rights and Privacy Act (FERPA), the Minnesota Government Data Practices Act, and Moorhead School Board Policy 515: Protection and Privacy of Pupil Records.

The fact that a student with an IEP is covered by special education law does not prevent state law enforcement and judicial authorities from exercising their responsibilities with regard to the application of federal law, state statute or local ordinance to crimes committed by a student with an IEP.

C. Reasonable Force Permitted

In removing a student with an IEP from school grounds, a building administrator, other crisis team members, or the police liaison officer or other agents of the school district, whether or not members of a crisis team, may use reasonable force when it is necessary under the circumstances to correct or restrain a student or prevent bodily harm or death to another.

In removing a student with an IEP from school grounds, police liaison officers and school district personnel are further prohibited from engaging in the following conduct:

1. Corporal punishment prohibited by Minn. Stat. 121A.58;

2. Requiring a student to assume and maintain a specified physical position, activity, or posture that induces physical pain;

3. Totally or partially restricting a student's senses as punishment;

4. Denying or restricting a student's access to equipment and devices such as walkers, wheel chairs, hearing aids, and communication boards that facilitate the student's functioning except when temporarily removing the equipment or device is needed to prevent injury to the student or others or serious damage to the equipment or device, in which case the equipment or device shall be returned to the student as soon as possible;

5. Interacting with a student in a manner that constitutes sexual abuse, neglect or physical abuse under Minn. Stat. 626.556;

6. Physical holding (as defined in Minn. Stat. 125A.0941) that restricts or impairs a student's ability to breathe;

7. Withholding regularly scheduled meals or water; and/or

8. Denying a student access to toilet facilities.

D. Parental Notification

The building administrator or designee shall make reasonable efforts to notify the student's parent(s)/guardian(s) of the student's removal from school grounds as soon as possible following the removal.

E. Continued Removals; Review of IEP

Continued and repeated use of the removal process described herein must be reviewed in the development of the individual student's IEP or IIIP.

F. Effect of Policy in an Emergency; Use of Restrictive Procedures

A student with an IEP may be removed in accordance with this policy regardless of whether the student's conduct would create an emergency.

If the school district seeks to remove a student with an IEP from school grounds under this policy due to behaviors that constitute an emergency and the student's IEP, IIIP, or behavior intervention plan authorizes the use of one or more restrictive procedures, the crisis team may employ those restrictive procedures, in addition to any reasonable force that may be necessary, to facilitate the student's removal from school grounds, as long as the crisis team members who are implementing the restrictive procedures have received the training required by Minn. Stat. 125A.0942, Subd. 5, and otherwise comply with the requirements of 125A.0942.

G. Reporting to the Minnesota Department of Education (MDE)
 
Annually, stakeholders may recommend, as necessary, to the Commissioner of MDE (Commissioner) specific and measurable implementation and outcome goals for reducing the use of restrictive procedures. The Commissioner must submit to the Legislature a report on districts' progress in reducing the use of restrictive procedures that recommends how to further reduce these procedures and eliminate the use of seclusion. By January 15, April 15, July 15, and October 15 of each year, districts must report, in a form and manner determined by the Commissioner, about individual students who have been secluded. By July 15 each year, districts must report summary data. The summary data must include information on the use of restrictive procedures for the prior school year, July 1 through June 30, including the use of reasonable force by school personnel that is consistent with the definition of physical holding or seclusion of a child with a disability.
 
Legal References:
Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)
Minn. Stat. 121A.40-121A.56 (Minnesota Pupil Fair Dismissal Act)
Minn. Stat. 121A.582 (Student Discipline; Reasonable Force)
Minn. Stat. 121A.61 (Discipline and Removal of Students from Class)
Minn. Stat. 121A.67, Subd. 2 (Aversive and Deprivation Procedures)
Minn. Stat. 125A.094-125A.0942 (Restrictive Procedures for Children with Disabilities)
Minn. Stat. 609.06 (Authorized Use of Force)
Minn. Stat. 609.379 (Permitted Actions).
20 U.S.C. 1232g et seq. (Family Educational Rights and Privacy (FERPA))
20 U.S.C. 1415(k)(6) (Individuals with Disabilities Education Improvement Act of 2004 (IDEA))
34 C.F.R. 300.535 (IDEA Regulation Regarding Involvement of Law Enforcement)
Minn. Stat. 121A.58 (Corporal Punishment)
Minn. Stat. 626.556 (Reporting of Maltreatment of Minors)
 
Cross References:
Moorhead School Board Policy 504: Protection and Privacy of Student Records
Moorhead School Board Policy 551: Student Discipline
Moorhead School Board Policy 552: Corporal Punishment
Moorhead School Board Policy 570: Prohibition of Harassment and Violence
Moorhead School Board Policy 710: School District Crisis Management
MSBA/MASA Model Policy 532 (Use of Peace Officers and Crisis Teams to Remove Students with IEPs from School Grounds)  

 

Veterans Preference Hiring
Type: School Board Policy
Section: 400 EMPLOYEES/PERSONNEL
Code: 405
Adopted Date: 8/12/2002
Revised Date(s): 01/08/2007, 05/09/2011, 04/13/2015, 04/09/2018, 05/18/2021, 12/12/2023
Reviewed Date(s): 01/08/2007, 05/09/2011, 04/13/2015, 04/09/2018, 04/19/2021, 04/20/2021, 12/12/2023
Attachments:

I. PURPOSE

The purpose of this policy is to define compliance with the Minnesota Veterans Preference Act (VPA).

II. GENERAL STATEMENT

A. Moorhead Area Public Schools policy is to comply with the VPA regarding veterans preference rights and mandated preference points to veterans and spouses of deceased veterans or disabled veterans.

B. Moorhead Area Public Schools policy is also to comply with the VPA requirement that no covered veteran may be removed from public employment except for incompetency or misconduct shown after a hearing upon due notice, upon stated charges, and in writing. This paragraph does not apply to the position of teacher.
 
C. Veterans preference points will be applied pursuant to applicable law as follows:
  1. A credit of ten points shall be added to the competitive open examination rating of a non-disabled veteran, who so elects, provided that the veteran obtained a passing rating on the examination without the addition of the credit points.
  2. A credit of fifteen points shall be added to the competitive open examination rating of a disabled veteran, who so elects, provided that the veteran obtained a passing rating on the examination without the addition of the credit points.
  3. A credit of five points shall be added to the competitive promotional examination rating of a disabled veteran, who so elects, provided that (a) the veteran obtained a passing rating on the examination without the addition of the credit points and (b) the veteran is applying for a first promotion after securing public employment.
  4. A preference may be used by the surviving spouse of a deceased veteran and by the spouse of a disabled veteran who, because of the disability, is unable to qualify.

D. Eligibility for and application of veteran's preference, the definition of a veteran, and the definition of a disabled veteran for purposes of this policy will be pursuant to the VPA.

  1. The human resources department will obtain a copy of the Veterans DD214 Form to ensure that the person is eligible for the veterans preference.
  2. The human resources department will obtain information from veterans or spouses claiming veterans preference.

E. When notifying applicants that they have been accepted into the selection process, the school district shall notify applicants that they may elect to use veteran's preference.

F. The school district's policy is to use a 100-point hiring system to enable allocation of veterans preference points. The school district may or may not use a 100-point hiring system for filling teaching positions. If a 100-point hiring system is not used for filling a teaching position, preference points will not be added, but all veteran applicants who have proper licensure for the teaching position will be granted an interview for the position.

G. If the school district rejects a member of the finalist pool who has claimed veterans preference, the school district shall notify the finalist in writing of the reasons for the rejection and file the notice with the director of human resources.

H. In accordance with the VPA, no honorably discharged veteran shall be removed from a position of employment except for incompetency, misconduct, or good faith abolishment of position.

  1. Incompetency or misconduct must be shown after a hearing, upon due notice, upon stated charges, in writing.
  2. A veteran must irrevocably elect to be governed either by the VPA or by arbitration provisions set forth in a collective bargaining agreement in the event of a discharge.

I. The VPA and the provisions of this policy do not apply to the position of private secretary, superintendent, head of a department, or any person holding a strictly confidential relation to the school board or school district. The VPA and the provisions of this policy apply to teachers only with respect to the hiring process, as set forth in Paragraph F. above.

Legal References:
Minn. Stat. 43A.11 (Veterans Preference)
Minn. Stat. 197.455 (Veterans Preference Applied) 
Minn. Stat. 197.46 (Veterans Preference Act)
Hall v. City of Champlin, 463 N.W. 2d 502 (Minn. 1990)
Young v. City of Duluth, 410 N.W.2d 27 (Minn. Ct. App. 1987) 
 
Cross References:
Moorhead School Board Policy 102: State and Federal Law Prohibiting Discrimination
Moorhead School Board Policy 401: Equal Employment Opportunity Statement
Moorhead School Board Policy 404: Employment Disability Nondiscrimination
Moorhead School Board Policy 424: Employee License Status
Moorhead School Board Policy 404: Employment Background Check
MSBA/MASA Model Policy 405 (Veterans Preference) 
Visitors to Moorhead Area Public School Buildings and Sites
Type: School Board Policy
Section: 900 SCHOOL DISTRICT - COMMUNITY RELATIONS
Code: 905
Adopted Date: 5/10/1994
Revised Date(s): 12/12/2005, 04/26/2010, 12/09/2013, 12/12/2016, 04/21/2020, 05/12/2020
Reviewed Date(s): 05/10/1994, 06/08/1998, 06/10/2002, 12/12/2005, 04/26/2010, 12/09/2013, 12/12/2016, 04/21/2020, 02/14/2023
Attachments:

I. PURPOSE

The purpose of this policy is to inform the school community and the general public of the position of the Moorhead School Board on visitors to school buildings and other school property.

II. GENERAL STATEMENT

A. The School Board encourages interest on the part of parents and community members in school programs and student activities. The School Board welcomes visits to school buildings and school property by parents and community members, provided the visits are consistent with the health, education and safety of students and employees and are conducted within the procedures and requirements established by the school district.

B. The School Board reaffirms its position on the importance of maintaining a school environment that is safe for students and employees and free of activity that may be disruptive to the student learning process or employee working environment.
 

III. POST-SECONDARY ENROLLMENT OPTIONS STUDENTS

 

A. A student enrolled in a post-secondary enrollment options course may remain at the school site during regular school hours in accordance with established procedures.

 

B. A student enrolled in a post-secondary enrollment options course may be provided with reasonable access, during regular school hours, to a computer and other technology resources that the student needs to complete coursework for a post-secondary enrollment course in accordance with established procedures.

 

IV. RESPONSIBILITY

A. In accordance with City Ordinance 4-4-18:

During such time as regularly scheduled classes are in session, no person shall enter or remain in any public elementary or secondary school building within the City of Moorhead without registering in the main office of said school provided; however, this section shall not apply to members of the School Board of Moorhead Area Public Schools, faculty and employees of Moorhead Area Public Schools and students enrolled in that school.
 
B. The school district administration shall present recommended visitor and post-secondary enrollment options, student procedures, and requirements to the school board for review and approval. The superintendent shall be responsible for providing coordination that may be needed throughout the process and providing for periodic school board review and approval of the procedures.
 
Reasonable notification of the requirements of this section shall be conspicuously posted at the entrance to every public elementary and secondary school within the City of Moorhead, and no complaint for a violation of this section shall issue unless such notice is given.

IV. VISITOR LIMITATIONS

A. All visitors of school district buildings during the school day shall be required to wear an appropriate form of identification when on school premises. An individual or group may be denied permission to visit a school or school property, or such permission may be revoked if they do not comply with the school district procedures and regulations or if the visit is not in the best interest of students, employees, or the school district.
 
B. An individual or group who enters school property without complying with the procedures and requirements may be guilty of criminal trespass and thus subject to criminal penalty. Such persons may be detained by the building administrator or a person designated by the building administrator in a reasonable manner for a reasonable period of time, pending the arrival of a police officer.
 
C. Visitors, post-secondary enrollment option students, are authorized to park vehicles on school property at times and in locations authorized by school officials. When unauthorized vehicles are parked on school property, school officials may:
 
1. move the vehicle or require the driver or other person in charge of the vehicle to move it off school district property; or
 
2. if unattended, provide for the removal of the vehicle, at the expense of the owner or operator, to the nearest convenient garage or other places of safety off school property. 

V. EMPLOYEE RESPONSIBILITY TO REPORT STRANGERS AND SUSPICIOUS PERSONS
All employees in the school district are to report strangers and suspicious persons observed on school grounds and sites to the building administrator or appropriate supervisor.
 

Legal References:

Minn. Stat. 123B.02 (General Powers of Independent School Districts)

Minn. Stat. § 124D.09 (Post-Secondary Enrollment Options Program)
Minn. Stat. 609.605, Subd. 4 (Trespasses on School Property)

Moorhead City Ordinance 4-4-18 (Registration in Public Schools)
Minn. Stat. 128C.08 (Assaulting a Sports Official Prohibited) 
 
Cross Reference:
MSBA/MASA Model Policy 903: Visitors to School District Buildings and Sites
'We Are Proud' Recognition
Type: Administrative Procedure
Section: 200 SCHOOL BOARD
Code: 203-5.1
Adopted Date: 5/27/2003
Revised Date(s): 10/09/2006, 12/13/2010, 02/25/2013, 10/08/2018, 11/16/2021, 12/15/2021, 12/12/2023
Reviewed Date(s): 10/09/2006, 12/13/2010, 02/25/2013, 11/09/2015, 10/08/2018, 12/15/2021, 12/12/2023
Attachments:
I. PURPOSE
 
The purpose of this procedure is to establish guidelines for the “We Are Proud” portion of the Moorhead School Board meeting agenda and recognize the achievements, honors or contributions of those associated with Moorhead Area Public Schools.
 
II. GENERAL STATEMENT

In order to recognize the accomplishments of the students and adults associated with Moorhead Area Public Schools, all suggestions of recipients should be forwarded to the Executive Director of Community Engagement and Public Relations and/or the Superintendent's office for approval.
 
The Moorhead School Board will set aside time in its agenda to recognize persons associated with Moorhead Area Public Schools who have significant achievements, important contributions or honors. Those persons who are honored with distinction will be recognized in person during a regular school board meeting. 

The following will serve as guidelines for recognition:

A. Students - Advisor(s)/coach(es)/teacher(s) will identify:

  1. First-place finishers at local or regional competitions.
  2. State-level qualifiers following the completion of the final competition, thus permitting state honors to also be recognized; and
  3. Individual and/or student groups recognized for various regional or national awards or achievements.

B. Adults:

  1. Peers identified by staff members, coaches, advisors, or School Board members who receive local, regional, state or national levels of achievement; or
  2. Parents or community members who contribute significantly to the school district and the educational process.

Cross Reference:
Moorhead School Board Policy 203.5: School Board Meeting Agendas

Wellness
Type: School Board Policy
Section: 500 STUDENTS
Code: 533
Adopted Date: 5/22/2006
Revised Date(s): 12/14/2009, 04/11/2011, 04/13/2015, 04/10/2017, 07/13/2021, 12/12/2023
Reviewed Date(s): 12/14/2009, 04/11/2011, 04/13/2015, 04/10/2017, 02/12/2018, 12/10/2018, 06/15/2021, 12/12/2023
Attachments:

I. PURPOSE

The purpose of this policy is to set forth methods at Moorhead Area Public Schools that promotes student wellness, prevent and reduce childhood obesity, and assure that school meals and other food and beverages sold and otherwise made available on the school campus during the school day are consistent with applicable minimum local, state, and federal standards.

II. GENERAL STATEMENT

A. The School Board recognizes that nutrition promotion and education, physical activity, and other school-based activities that promote student wellness are essential components of the educational process and that good health fosters student attendance and learning.

B. The school environment will promote students' health, well-being, and ability to learn by encouraging healthy eating and physical activity.

C. Moorhead Area Public Schools values the health and well-being of every employee. School district employees should act as role models to students for good nutrition and physical activity.

D. Moorhead Area Public Schools encourages the involvement of parents, students, representatives of the school food authority, teachers, school health professionals, the school board, school administrators, and the general public in the development, implementation, and periodic review and update of the school district's Wellness policy.

E. Children need access to healthy foods and opportunities to be physically active in order to grow, learn, and thrive.

F. All students in grades K-12 will have opportunities, support, and encouragement to be physically active on a regular basis.

G. Qualified food service personnel will provide students with access to a variety of affordable, nutritious, and appealing foods that meet the health and nutrition needs of students; will try to accommodate the religious, ethnic, and cultural diversity of the student body in meal planning; and will provide clean, safe, and pleasant settings and adequate time for students to eat.

III. WELLNESS GOALS

A. Nutrition Promotion and Education

  1. Moorhead Area Public Schools will encourage and support healthy eating by students and engage in nutrition education and promotion that is:
    1. offered as part of a standards-based, sequential, age-appropriate, comprehensive program designed to provide students and their families with the knowledge and skills necessary to promote and protect their health;
    2. integrated into comprehensive health, physical education, family and consumer science (FACS) and other classes such as mathematics, science, language arts, social sciences, and elective subjects, where appropriate; and
    3. enjoyable, developmentally appropriate, culturally relevant, and includes participatory activities, such as contests, promotions, taste testing, and field trips.
  2. Moorhead Area Public Schools will encourage all students to make age-appropriate, healthy selections of foods and beverages, including those sold individually outside the reimbursable school meal programs, such as through a la carte lines, vending machines, fundraising events, concession stands, and school stores.

B. Physical Activity

  1. Students need opportunities for physical activity and to fully embrace regular physical activity as a personal behavior.  Toward that end, health and physical education will reinforce the knowledge and self-management skills needed to maintain a healthy lifestyle and reduce sedentary activities (See Administrative Procedures 533.1: Wellness and 533.8: Integrating Physical Activity Throughout the School Day). 
  2. Opportunities for physical activity may be incorporated into other subject lessons, where appropriate. 
  3. Classroom teachers may provide short physical activity breaks between lessons or classes, as appropriate.

C. Communications with Parents

  1. Moorhead Area Public Schools recognizes that parents and guardians have the primary role in promoting their children's health and well-being.
  2. Moorhead Area Public Schools will support parents' efforts to provide a healthy diet and daily physical activity for their children.
  3. Moorhead Area Public Schools encourages parents to pack healthy lunches and snacks and to refrain from including beverages and foods without nutritional value.
  4. Moorhead Area Public Schools will provide information about physical education and other school-based physical activity opportunities and will support parents' efforts to provide their children with opportunities to be physically active outside of school.

IV. STANDARDS AND NUTRITION GUIDELINES

A. School Meals

  1. Moorhead Area Public Schools will provide healthy and safe school meals programs that comply with all applicable federal, state, and local laws, rules, and regulations.
  2. Food service personnel will provide students with access to a variety of affordable, nutritious, and appealing foods that meet the health and nutrition needs of students.
  3. Food service personnel will try to accommodate the religious, ethnic, and cultural diversity of the student body in meal planning.
  4. Food service personnel will provide clean, safe, and pleasant settings and adequate time for students to eat.
  5. Food service personnel will take every measure to ensure that student access to foods and beverages meets or exceeds all applicable federal, state, and local laws, rules, and regulations and that reimbursable school meals meet USDA nutrition standards.
  6. Food service personnel shall adhere to all applicable federal, state, and local food safety and security guidelines
  7. The school district will make every effort to eliminate any social stigma attached to, and prevent the overt identification of, students who are eligible for free and reduced-price school meals.
  8. The school district will provide students access to hand washing or hand sanitizing before they eat meals or snacks.
  9. The school district will make every effort to provide students with sufficient time to eat after sitting down for school meals and will schedule meal periods at appropriate times during the school day.
  10. The school district will discourage tutoring, club, or organizational meetings or activities during mealtimes unless students may eat during such activities. 

B. School Food Service Program/Personnel

  1. Moorhead Area Public Schools shall designate an appropriate person to be responsible for the school district’s food service program, whose duties shall include the creation of nutrition guidelines and procedures for the selection of foods and beverages made available on campus to ensure food and beverage choices are consistent with current USDA guidelines.
  2. As part of the school district’s responsibility to operate a food service program, the school district will provide continuing professional development for all food service personnel in schools.

C. Competitive Foods and Beverages 

  1. All foods and beverages sold on school grounds to students, outside of reimbursable meals, are considered “competitive foods.” Competitive foods include items sold a la carte in the cafeteria, from vending machines, school stores, and for in-school fundraisers.
  2. All competitive foods will meet the USDA Smart Snacks in School (Smart Snacks) nutrition standards and any applicable state nutrition standards, at a minimum. Smart Snacks aim to improve student health and well-being, increase consumption of healthful foods during the school day, and create an environment that reinforces the development of healthy eating habits.
  3. Before and Aftercare (child care) programs must also comply with the school district’s nutrition standards unless they are reimbursable under the USDA school meals program, in which case they must comply with all applicable USDA standards.

D. Other Foods and Beverages Made Available to Students

  1. Student wellness will be a consideration for all foods offered, but not sold, to students on the school campus, including those foods provided through:
    1. Celebrations and parties. The school district will provide a list of healthy party ideas to parents and teachers, including non-food celebration ideas.
    2. Classroom snacks brought by parents. Moorhead Area Public Schools will provide to parents a list of suggested foods and beverages that meet Smart Snacks nutrition standards.
  2. Rewards and incentives. Schools will not use foods or beverages as rewards for academic performance or good behavior (unless this practice is allowed by a student’s individual education plan or behavior intervention plan) and will not withhold food or beverages as punishment.
  3. Fundraising. The school district will make available to parents and teachers a list of suggested healthy fundraising ideas.

E. Food and Beverage Marketing in Schools

  1. School-based marketing will be consistent with nutrition education and health promotion.
  2. Schools will restrict food and beverages marketing to the promotion of only those foods and beverages that meet the Smart Snacks nutrition standards.

V. WELLNESS LEADERSHIP AND COMMUNITY INVOLVEMENT 

A. Wellness Coordinator

  1. The superintendent designates the assistant superintendent of business and administrative services to oversee the school district’s wellness-related activities and ensure that each school implements the policy.
  2. The Wellness Coordinator will be assigned to the Supervisor of Health Services.
  3. The principal of each school, or a designated school official, will ensure compliance within the school and will report to the Wellness Coordinator regarding compliance matters upon request.

B. Public Involvement

  1. The Wellness Coordinator will permit parents, students, representatives of the school food authority, teachers of physical education, school health professionals, the school board, school administrators, and the general public to participate in the development, implementation, and periodic review and update of the wellness policy.
  2. The Wellness Coordinator will hold meetings, from time to time, for the purpose of discussing the development, implementation, and periodic review and update of the wellness policy.

VI. POLICY IMPLEMENTATION AND MONITORING

A. Implementation and Publication

  1. The wellness policy, as approved by the School Board, will be implemented throughout the school district.
  2. Moorhead Area Public Schools will post its wellness policy on its website.

B. Annual Reporting

The Wellness Coordinator will annually inform the public about the content and implementation of the wellness policy and make the policy and any updates to the policy available to the public.

C. Triennial Assessment

  1. At least once every three years, the school district will evaluate compliance with the wellness policy to assess the implementation of the policy and create a report that includes the following information:
    1. the extent to which schools under the jurisdiction of the school district are in compliance with the wellness policy;
    2. the extent to which the school district’s wellness policy compares to model local wellness policies; and
    3. a description of the progress made in attaining the goals of the school district’s wellness policy. 
  2. The Wellness Coordinator will be responsible for conducting the triennial assessment.
  3. The triennial assessment report shall be posted on the school district’s website or otherwise made available to the public.

D. Recordkeeping

Moorhead Area Public Schools will retain records to document compliance with the requirements of the wellness policy. The records to be retained include, but are not limited to: 

  1. The school district’s written wellness policy.
  2. Documentation demonstrating compliance with community involvement requirements, including requirements to make the local school wellness policy and triennial assessments available to the public.
  3. Documentation of the triennial assessment of the local school wellness policy for each school under the school district’s jurisdiction efforts to review and update the wellness policy (including an indication of who is involved in the update and methods the school district uses to make stakeholders aware of their ability to participate on the Wellness Committee). For further information please refer to Administrative Procedures 533.3: Healthy Fundraising, 533.4: Healthy Snacks, 533.5: Healthy Celebrations, and 533.6: Discretionary Calories.
Legal References:
Minn. Stat. § 121A.215 (Local School District Wellness Policy; Website)
42 U.S.C. 1751 et seq. (Healthy and Hunger-Free Kids Act)
42 U.S.C. § 1758b (Local School Wellness Policy)
42 U.S.C. 1771 et seq. (Child Nutrition Act )
7 U.S.C. 5341 (Establishment of Dietary Guidelines)
7 C.F.R 210.10 (School Lunch Program Regulations)
7 C.F.R. 220.8 (School Breakfast Program Regulations)
 

Local Resources:

Minnesota Department of Education, www.education.state.mn.us

Minnesota Department of Health, www.health.state.mn.us

County Health Departments

Action for Healthy Kids Minnesota, www.actionforhealthykids.org

United States Department of Agriculture, www.fns.usda.gov

 

Cross References:
Moorhead School Board Policy 425: Health and Safety Protection
Moorhead School Board Policy 531: Communicable Disease Control and Infectious Conditions
Moorhead School Board Policy 532: Medication
Moorhead School Board Policy 540: Student Activities
Moorhead School Board Policy 572: Drug-Free Workplace/Drug-Free School
Moorhead School Board Policy 573: Tobacco-Free Environment
Moorhead School Board Policy 601: Curriculum and Instruction Goals of Moorhead Area Public Schools
Moorhead School Board Policy 544: Activities Fundraising 
MSBA/MASA Model Policy 533 (Wellness)
Wellness
Type: Administrative Procedure
Section: 500 STUDENTS
Code: 533.1
Adopted Date: 5/23/2006
Revised Date(s): 12/14/2009, 05/31/2011, 04/10/2017
Reviewed Date(s): 12/14/2009, 05/31/2011, 04/13/2015, 04/10/2017, 02/12/2018, 12/10/2018
Attachments:
I. PURPOSE

The purpose of these procedures is to assure an environment at the Moorhead Area Public Schools (MAPS) that promotes and protects students’ health, well-being and ability to learn by supporting healthy eating and physical activity and to promote and encourage students to adopt lifelong healthy behaviors that can reduce the risk of chronic disease.

II. GUIDELINES

A. Foods and Beverages

Moorhead Area Public Schools food service program offers affordable, nutritious and appealing meals, snacks and beverages in compliance with the most updated United States Department of Agriculture (USDA) school breakfast, lunch and smart snack guidelines and safety standards. The district will use the current standards to establish nutrition standards for all foods and beverages available to encourage healthy choices for students. The standards will focus on increasing nutrient density, decreasing fats, sodium and added sugars, and moderating portion size. Moorhead Area Public Schools encourages the consumption of nutrient-dense foods and beverages (such as fruits, vegetables, whole grains, low fat or non-fat dairy, lean meats, legumes, nuts and seeds).

1. Meals served in all Moorhead schools through the USDA National School Lunch and Breakfast programs:

a. are appealing and attractive to students considering balance, variety, contrast, color, and eye appeal and are served in a clean, safe, enjoyable environment.

b. offer a variety of fruits and vegetables with an emphasis on including those from the dark green and orange vegetable groups on the monthly menu.

c. serve only low fat (1%) and fat free milk; offer lactose-reduced milk (nutritionally-equivalent non-dairy alternatives) when requested by students and/or parents/guardians. Flavored milk, if offered, is fat free only.

d. ensure that at least half of the served grains are whole grain.

e. provide whole grain bread products daily.

f. use serving sizes that meet minimum and do not exceed maximum USDA requirements by age.

g. eliminate deep-fried foods.

h. strive to replace higher fat with lower fat items, as appropriate.

i. share information about nutrient content of meals with students, parents and staff through the district’s website and postings in school cafeterias after analyzing meals to ensure compliance with USDA school breakfast, lunch and smart snack guidelines.

2. Schools will provide an environment that encourages healthy eating and food habits. Moorhead schools will:

a. operate the USDA Breakfast Program in all schools, and inform and encourage parents/guardians through newsletters, website or handouts of the availability and importance of a healthy breakfast for students to enhance their ability to learn.

b. arrange breakfast schedules and use methods to serve breakfast that encourage participation, including but not limited to “grab and go,” breakfast in the classroom, or breakfast during morning break.

c. provide students with adequate time to eat meals.

d. schedule lunch for full-time students at appropriate times. Lunch will be scheduled midday between the hours of 10 a.m. and 2 p.m.

e. obtain feedback from students and others about meals and new food options through activities such as taste testing, surveys, feedback meetings or health fairs.

f. encourage that any foods brought into school from outside the district’s food service program, including lunches for students, meet current USDA guidelines.

B. Competitive Foods

Foods and beverages sold or served during the school day outside of reimbursable school meals are known as competitive foods. Competitive food nutrition standards (see Administrative Procedure 536.2) are developed considering the standard that school meals are intended to be the main source of nutrition for students during the school day. Therefore, any other food or beverage consumed supplements that meal and must be:

  • an age-appropriate serving size and within USDA caloric guidelines;

  • infrequent in consumption.

1. Foods and beverages sold in school stores and vending machines will not be available to students during meal times. Schools will not hold food or beverage fundraising activities during school hours.

2. Foods and beverages available through a la carte, vending machines, schools stores and fundraising will follow or exceed current USDA smart snack guidelines. See Administrative Procedure 536.3 for suggested non-food fundraisers.

a. Vending Machines/School Stores

Any school-maintained vending machines will follow the district’s competitive food nutrition standards. Vending machines will display only healthy options on the machine and will not market unhealthy options. School stores will focus sales on nonfood items, and the food or beverage items sold will follow the district’s competitive food nutrition standards.

b. A la Carte

Serving sizes will be comparable to those served in reimbursable meals. Encouraged items such as fresh fruit and vegetables, fat free unflavored dairy products, whole grain products, and lean meats and legumes will be featured in the most prominent places.

3. Snacks, Parties and Celebrations

Foods and beverages sold or served for snacks, parties and celebrations should follow guidelines outlined in the following administrative procedures:

Administrative Procedure 536.2 - Smart Snacks in Schools

Administrative Procedure 536.5 – Healthy Celebrations

Administrative Procedure 536.6 – Discretionary Calories

C. Nutrition Education and Promotion

MAPS will provide nutrition education as a part of a standards-based, sequential, age appropriate, comprehensive program designed to provide students and their families with the knowledge and skills necessary to promote and protect their health. Nutrition education in all Moorhead schools, K-12:

1. is integrated into an existing or school-developed sequential, interdisciplinary, comprehensive K-12 health education program that will be included as part of a K-12 comprehensive curriculum (delivered in each grade or, yearly, in grade level bands: K-2, 3-5, 6-8, and 9-12).

2. is taught by certified teachers at each grade level providing skills and knowledge that is needed by students to adopt healthy eating behaviors and attitudes.

3. is communicated in consistent nutrition messages throughout schools, classrooms, employee lounges and cafeterias, and promoted to parents, the community and the media. Moorhead Area Public Schools will market only food and beverages that meet USDA Smart Snack Standards.

4. shall be consistent in school-based marketing and health promotion; thus it shall promote healthy food and beverage choices, not allow advertising of less nutritious choices and shall promote healthy eating and physical activity behaviors.

5. will be offered in the school cafeteria and in the classrooms with coordination between school food service staff and teachers.

D. Physical Education and Physical Activity

The primary goals for MAPS physical activity components are to provide opportunities for every student to develop the knowledge and skills for specific physical activities, to maintain physical fitness in a safe, adequate environment, to ensure students’ regular participation in physical activity, to teach students the short- and long-term benefits of a physically active and healthful lifestyle, and to enhance academic performance. Accordingly, the following guidelines for physical education and physical activity in MAPS are established.

1. Physical Education

a. Physical education shall be standards-based, using national or state-developed standards, such as the Society of Health and Physical (SHAPE) Education guidelines. The district follows applicable state law related to physical education instruction.

b. Students will spend at least 50 percent of physical education class time participating in moderate to vigorous physical activity.

c. Physical education curriculum framework is written for every grade. It is sequential and provides an opportunity for students to learn, practice and be assessed on content, developmentally appropriate motor skills, social skills, responsible behavior, physical fitness and benefits of physical activity.

d. The school district will not withhold physical education as punishment.

2. Physical Activity

a. Daily Recess

All elementary school students will have at least a 15-minute supervised recess break daily, preferably outdoors, during which schools facilitate moderate to vigorous physical activity verbally and through provision of space and equipment.

b. Integrating Physical Activity into Classroom Settings

For students to receive the recommended amount of at least 60 minutes of physical activity per day, and for students to fully embrace physical activity as a personal behavior, other school opportunities are:

  • Classroom health education will reinforce the knowledge and self-management skills needed to maintain a physically active lifestyle and reduce sedentary activities such as watching television and playing video games.

  • Incorporation of physical activity into other subject lessons (such as mathematics, science, social studies, etc.) where appropriate. See Administrative Procedure 536.8 for suggestions.

  • Classroom teachers may provide short physical activity breaks between lessons, classes and/or standardized testing.

c. Physical Activity Opportunities Before and After School

  • The district offers physical activity programs, such as interscholastic athletic programs and intramural programs at the secondary level, to provide a range of activities that meet the needs, interests and abilities of all students.

  • After-school childcare and enrichment programs shall encourage – verbally and through the provision of adequate and safe space, equipment and activities – daily periods of moderate to vigorous physical activity for all participants.

  • Schools shall work with recreation agencies and other community organizations to coordinate and enhance opportunities available to students, community and employees for physical activity before and after the school day, on weekends, and during school vacations in accordance with the district’s Community Use of School Facilities and Equipment Policy 904. School policies concerning safety apply at all times.

  • Schools shall encourage bicycling and walking to and from school.

E. Implementation and Monitoring

1. The Superintendent or designee shall execute administrative procedures that ensure the implementation of and compliance with the wellness policy. This shall include designation of district level and site-based employees responsible for policy and procedure implementation.

2. The district will develop and implement a communications plan, which includes training to ensure understanding of the rationale for the wellness policy and the implementation plan.

3. The MAPS food service director will provide an annual report to the Superintendent setting forth the nutrition guidelines and procedures for selection of foods in the food service program made available throughout the district.

 
Workload Limits for Certain Special Education Teachers
Type: School Board Policy
Section: 400 EMPLOYEES/PERSONNEL
Code: 427
Adopted Date: 6/8/2015
Revised Date(s): 04/09/2018, 11/16/2021, 12/15/2021
Reviewed Date(s): 04/09/2018, 12/15/2021
Attachments:

I. PURPOSE

The purpose of this policy is to establish general parameters for determining the workload limits of special education staff who provide services to children with disabilities receiving direct special education services 60 percent or less of the instructional day.

II. DEFINITIONS

A. Special Education Staff; Special Education Teacher

“Special education staff” and “special education teacher” both mean a teacher employed by the school district who is licensed under the rules of the Professional Educator Licensing and Standards Board to instruct children with specific disabling conditions.

B. Direct Services

“Direct services” means special education services provided by a special education teacher when the services are related to instruction, including cooperative teaching.

C. Indirect Services

“Indirect services” means special education services provided by a special education teacher which include ongoing progress reviews; cooperative planning; consultation; demonstration teaching; modification and adaptation of the environment, curriculum, materials, or equipment; and direct contact with children with disabilities to monitor and observe.

D. Workload

“Workload” means a special education teacher’s total number of minutes required for all due process responsibilities, including direct and indirect services, evaluation and reevaluation time, management of individualized education programs (IEPs), travel time, parental contact, and other services required in the IEPs.

III. GENERAL STATEMENT

A. Workload limits for special education teachers shall be determined by the appropriate special education administrator, in consultation with the building principal and the superintendent.
 
B. In determining workload limits for special education staff, the school district shall take into consideration the following factors: student contact minutes, evaluation and reevaluation time, indirect services, management of IEPs, travel time, and other services required in the IEPs of eligible students.

IV. COLLECTIVE BARGAINING AGREEMENT UNAFFECTED

This policy shall not be construed as a reopening of negotiations between the school district and the special education teachers’ exclusive representative, nor shall it be construed to alter or limit in any way the managerial rights or other authority of the school district set forth in the Public Employers Labor Relations Act or in the collective bargaining agreement between the school district and the special education teachers’ exclusive representative.

Legal References:
Minn. Stat. 179A.07, Subd. 1 (Inherent Managerial Policy)
Minn. Rule 3525.0210, Subps. 14, 27, 44, and 49 (Definitions of “Direct Services,” “Indirect Services,” “Teacher,” and “Workload”)
Minn. Rule 3525.2340, Subp. 4.B. (Case Loads for School-Age Educational Service Alternatives)
 
Cross Reference:
MSBA/MASA Model Policy 427 (Workload Limits for Certain Special Education Teachers)
MSBA/MASA Model Policy 608 (Instructional Services - Special Education) 
 
World Language Placement and Assessment
Type: Administrative Procedure
Section: 600 EDUCATION PROGRAMS
Code: 620.2
Adopted Date: 10/16/2006
Revised Date(s): 05/13/2008, 06/12/2017
Reviewed Date(s): 05/13/2008, 06/15/2010, 06/12/2017
Attachments:

PURPOSE

The purpose of the procedure is to provide information to staff, students and parents/guardians regarding placement and assessment in the World Language Programs in Moorhead Area Public Schools.

GENERAL STATEMENT

Any student enrolling at Moorhead High School (MHS) is encouraged to study a world language. In order to help the student achieve success in a language class, the student will start at the appropriate level for their skill. There are three categories to ensure the student is placed into a level that is appropriate for the demonstrated skill level.

1.  Students who have never studied a language. They will be placed in Level 1 to learn the basics and begin building a foundation.

2.  Students who transfer from another school. The transcript from their previous school will show what level they have completed, so the student will be placed in the next level at MHS.

The credits they earned at the previous school will transfer to their credit requirement here.

3.  Native speakers and immersion students. The school district offers a placement test to decide upon the best level to begin. This is the Standards-based Measurement of Proficiency (STAMP) test which was approved by the American Council of Teachers of Foreign Language which measures proficiency through an on-line computer test using the student's reading and writing skill level in communicative situations. After the test is scored by the Center for Applied Second Language Studies, the student will enter the course which matches the test results.

The STAMP Assessment is only a placement test. The student will not receive credit for any courses that may be passed over. For example: If a student takes the STAMP test and is placed in Level 2, he/she will not receive credit for Level 1.