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Uinta County School District #6 Policy and Procedure Manual AA ................................................................................................................ School District Legal Status AB ............................................................................................. The People and Their School District AC ............................................................................................................................... Non-‐Discrimination AC-‐R ..................... Title IX And Other Discrimination/Harassment Complaint Procedure ACA .............................................................................................................................. Sexual Harassment ACA-‐R ......................................................... Administrative Procedures for Sexual Harassment ACE ......................................................................................................... Notice of Non-‐Discrimination 504/ADA Guidelines and Forms Handbook ACE-‐R 504 Due Process Procedures AD ................................................................................................................. District Mission and Vision ADA ........................................................................................................... Goals, Objectives and Beliefs ADB ................................................................................................................................ Drug Free Schools ADC ......................................................................................................................... Tobacco Free Schools ADD ......................................................................................................... Unsafe School Choice Option AE ............................................................................................................... Commitment to Accomplish BA ..................................................................................................................... Board Operational Goals BB ...................................................................................................................... Local Board Legal Status BBA ............................................................................................. Board Powers and Responsibilities BBAA ....................................................................... Board Member Authority and Responsibility BBB .................................................................................... School Board Election and Membership BBBA ..................................................................................................... Board Member Qualifications BBBB ...................................................................................................... Board Member Oath of Office BBBC .......................................................................................................... Board Member Resignation BBE ....................................................................................................................................... Board Vacancy BCA ........................................................................................................ Board Member Code of Ethics BCB ............................................................................................... Board Member Conflict of Interest BDA ....................................................................................................... Board Organizational Meeting BDB ........................................................................................................................................ Board Officers BDD .......................................................................................... Board/Superintendent Relationship BDE ............................................................................................................................... Board Committees BDG ..................................................................................................... School Attorney/Legal Services BE ......................................................................................................................... School Board Meetings BEA ....................................................................................................................................... Open Meetings BEC ............................................................................................................................... Executive Sessions BED ............................................................................................................................ Meeting Procedures BEDB .............................................................. Agenda: Format Preparation and Dissemination BEDB-‐E .............................................................................................................................. Agenda Format BEDC ................................................................................................................................................ Quorum BEDF .................................................................................................................................... Voting Method BEDG .................................................................................................................................................. Minutes BEDH ............................................................................................... Participation at Board Meetings
BEDI ........................................................................................................................ News Media Services BEDJ .............................................................................................. Broadcasting/Taping of Meetings BEE .............................................................................................. Board Hearing/Appeal Procedures BEE-‐R ..................................................................................... Rules of Practice Governing Hearings BF .................................................................................. School Board Work Sessions and Retreats BGA ................................................................................................ School Board Policy Development BGB ..................................................................................................................................... Policy Adoption BGC ............................................................................................................. Policy Revision and Review BGD ......................................................................... Board Review of Administrative Regulations BGE .......................................................................................................................... Policy Dissemination BGG.................................................................................... Administration in the Absence of Policy BH .............................................................................................................. Board Staff Communication BHE .................................................................. School Board Communication by Electronic Mail BIA ......................................................................... Board Member Orientation and Development BIBA ........................................................................... Conferences, Conventions, and Workshops BID ................................................... Board Member Compensation, Expenses, and Insurance BK ....................................................... School Board Membership in Professional Associations BL ................................................................. Evaluation of School Board/Board Self-‐Evaluation CA ................................................................................... Administration Goals/Priority Objectives CB ......................................................................................................................... School Superintendent CBA ........................................................................... Qualifications and Duties of Superintendent CBB ..................................................................................................... Recruitment of Superintendent CBD ............................................................................................................... Superintendent’s Contract CBG ............................................ Superintendent’s Professional Development Opportunities CBI.................................................................................................. Evaluation of The Superintendent CBJ ........................................................................ Superintendent’s Termination of Employment CCB ..................................................................................................................... Line and Staff Relations CFA ................................................................................. School Principal/Building Administrator CFB ............................................... Evaluation of Administrators Other Than Superintendent CFC .......................................................... Assignment and Transfer of Building Administrators CDG ........................................................................... State and Federal Programs Administration CH ......................................................................................................................... Policy Implementation CHA ........................................................................................................... Development of Regulations CHCA ............................................................................................................ Handbooks and Directives CHD/BGG ........................................................................ Administration in the Absence of Policy CM .......................................................................................................... School District Annual Report DA ........................................................................................................... Fiscal Management and Goals DB .......................................................................................................................................... Annual Budget DBB ............................................................................................................................................... Fiscal Year DBC ................................................................................................. Budget Planning and Preparation DBC-‐R ........................................................................ Budget Planning and Preparation Timeline DBF .......................................................................................................... Budget Hearing and Reviews
DBG .......................................................................................................... Budget Adoption Procedures DBJ ................................................................................................................................... Budget Transfers DEB/DEC ........................................................................... Funds From State and Federal Sources DF ................................................................... Revenue From Non-‐Tax Sources (Activity Funds) DFA ................................................................................................................................ Investment Policy DFC ............................................................................................................. Rental and Service Charges DFD ....................................................................................................... Gate Receipts and Admissions DG ..................................................................................................................................... Banking Services DGA ....................................................................................................................... Authorized Signatures DH ...................................................................................................... Bonded Employees and Officers DI ...................................................................................................... Fiscal Accounting and Reporting DIC ................................................................................................. Financial Reports and Statements DID ............................................................................................................................................... Inventories DE ........................................................................................................................................................... Audits DJ .................................................................................................................................................. Purchasing DJ-‐R ..................................................................................................................... Purchasing Procedures DJC ................................................................................................................................................. Petty Cash DJC-‐R ......................................................................................................................... Petty Cash Accounts DJD ..................................................................................................................... Cooperative Purchasing DJE .............................................................................................................................. Bidding Procedures DJF ........................................................................................................ Local/Competitive Purchasing DJR ................................................................................................................................... Vendor Relations DJGA ................................................................................................... Sales Calls and Demonstrations DK ............................................................................................................................. Payment Procedures DKA ........................................................................................................................ Payroll/Pay Schedule DKB ................................................................................................................................ Salary Deductions DKC .................................................................................. Expense Authorization/Reimbursement DKC-‐R ....................................................... Expense Authorization/Reimbursement Procedure DLA ................................................................................................................................. Pay Day Schedule DLB .................................................................................................................................. Salary Deduction DM ..................................................................................................................... Cash in School Buildings DN .......................................................................................................... School Properties Disposition JLJ Seclusion and Restraint JLJ-‐R Seclusion and Restraint Procedure
Uinta County School District #6 AA SCHOOL DISTRICT LEGAL STATUS The legal basis for education in Wyoming is vested in the will of the people as expressed in the Constitution of the State of Wyoming, the statutes pertaining to education, court interpretation of the laws, and the powers implied under them. The Constitution of the State of Wyoming charges the legislature to provide for the establishment and maintenance of a complete and uniform system of public instruction. The school district is a body corporate (W.S. '21-3-101). The official name of this district is Uinta County School District No. 6, State of Wyoming (W.S. '21-3-104). The board of trustees of the school district is to be the governing body of the school district (W.S. '21-3-105). Adoption date: 11/13/13
Uinta County School District #6 AB
THE PEOPLE AND THEIR SCHOOL DISTRICT The Board of Trustees of the District is the legal entity for conducting public education within the District. The Board has the dual responsibility of implementing statutory requirements pertaining to public education and meeting the desires of local residents in matters concerning the education of their chil-dren. The Board has an obligation to determine and assess the desires of local communities within the District. However, its decisions must be based on what is best for the District as a whole. It must be understood by the public that in elect-ing members to the Board, citizens endow their representatives with the authority to exercise their best judgment in determining policies and making decisions. The Board therefore declares its intent to:
1. Maintain two-way communications with residents of the District. The public shall be kept informed of the progress and problems of the school district, and residents shall be urged to bring their aspirations and feelings about their public schools to the attention of the Board.
2. Establish policies and make decisions on the basis of what is best for the District as a whole as it works to provide quality education for children.
3. Act as a truly representative body for residents of all communities in the District in matters involving public education. The Board recognizes that ultimate responsibility for public education rests with the State, but that district boards of education have been assigned specific authority through statute. The Board shall assume its full statutory authority since it believes that control of the public schools should remain to the extent possible with a district board elected by district citizens. Adoption Date: 11/13/13
Uinta County School District #6 AC
NONDISCRIMINATION This district is committed to a policy of nondiscrimination in relation to race, color, national origin, sex, age, handicap, sexual orientation, and religion. This policy should prevail in all matters concerning staff, students, education programs and services and individuals with whom the school district does business. The school staff should establish and maintain an atmosphere in which students can develop attitudes and skills for effective, cooperative living, including:
a) respect for the individual regardless of economic status, intellectual ability, race, color, national origin, sex, age, handicap, sexual orientation, or religion;
b) respect for cultural differences; c) respect for economic, political, and social rights of others; d) respect for the rights of others to seek and maintain their own
identities. The school district, in keeping with the requirements of state and federal law, will strive to remove any vestige of prejudice and discrimination in employment, assignment and promotion of personnel; in location and use of facilities; in educational offerings and instructional materials. All employees, students and community members are hereby notified that this district does not discriminate on the basis of sex in educational programs receiving federal or state financial assistance and that it does intend to comply with Title IX of the educational amendments of 1972 and as subsequently amended. The district shall strive to inform students, parents, employees, and the general public that all educational programs, specifically including vocational opportunities, are offered without regard to race, color, national origin, sex, age, handicap, sexual orientation, or religion. In order to accomplish this a statement of nondiscrimination shall be included in the faculty and student handbooks, if any, and shall be published at least once a year in a newspaper of general circulation in the district. The notice shall include a reference to the person and the address and telephone number of the staff member designated to coordinate civil rights compliance. For purposes of this district, that person shall be the Superintendent of Schools. All students shall be permitted to enroll in vocational education programs as well as other school programs without consideration of their race, color, national origin, sex, handicap, sexual orientation, or religion. To the extent that a prerequisite class may be required before admission, such prerequisite class
shall be open to students on a nondiscriminatory basis. No student shall be denied admission on account of his limited English language skills. Counselors shall not use counseling materials and activities or promotional and recruitment efforts that discriminate in any manner and counselors shall not direct or urge any student to enroll in a particular class program on account of that student's race, color, national origin, sex, handicap, sexual orientation, or religion. All students shall have equal opportunities available to participate in cooperative education, work study, and apprenticeship training programs either now offered or which may be offered in the future. All employees of this district shall be hired, retained, promoted, transferred, compensated or, if necessary, terminated without regard to their race, color, national origin, sex, age, handicap, sexual orientation, or religion. Students with handicaps shall be admitted and given equal access to programs and shall not be denied access to vocational education programs or other courses because of architectural or equipment barriers or because of the need for related services or auxiliary aids to the extent reasonable to accommodate the handicapped. To the extent possible, handicapped individuals shall be placed in regular vocational education programs and education courses. Legal references: W.S. 21-4-301, 21-7-302, Wyoming Constitution, Article 7, 10 Civil Rights Act of 1964 as amended in 1972, Title VI, 34 CFR, Part 100, Title VII Executive Order 11246, 1965, as amended by Executive Order 11375 Equal Employment Opportunity Act of 1972, Title VII Education Amendments of 1972, Title IX (P.L. 92-318), 34 CFR Part 106, Section 504 of the Rehabilitation Act of 1973, 34 CFR, Part 104 and the Age Discrimination Act of 1975 and as amended. Adoption Date: 11/13/13
Uinta County School District #6 ADB
DRUG-FREE SCHOOLS The school district is committed to providing a drug- and alcohol-free learning environment and work place. Drug abuse and alcohol abuse at school or in connection with school-sponsored activities on or off school grounds threaten the health and safety of our students and our employees and adversely affect the educational mission of the school corporation. The use of illicit drugs and the unlawful possession and use of alcohol are wrong and harmful. For these reasons, the unlawful manufacture, distribution, dispensation, possession or use of illicit drugs, alcohol or other controlled substances in the work place, on school premises or as part of any school-sponsored activities is strictly prohibited. These standards of conduct are equally applicable to students, employees, and visitors. Any employee who is convicted of a drug statute violation arising out of conduct occurring in the work place must notify the central administration of such conviction not later than five (5) days after the conviction. Compliance with these standards of conduct is mandatory. Disciplinary sanctions (consistent with local, state and federal law), up to and including termination and referral for prosecution, will be imposed on employees who violate the standards of conduct set forth in this notice. Such sanctions include, but are not limited to, reprimand, short- or long-term suspension with or without pay, termination of employment, and referral for prosecution. Satisfactory completion of an appropriate rehabilitation program may be made a condition for withholding or terminating other sanctions. Adoption Date: 12/18/2013
Uinta County School District #6 ADC
TOBACCO-FREE SCHOOLS It will be the policy of the school district that all uses of tobacco and tobacco products, including smokeless tobacco, and electronic cigarettes, will be prohibited in all of the district's facilities; and on all district property. At no time will the use of tobacco and tobacco products be permitted in classrooms, corridors, restrooms, locker rooms, work areas, cafeterias, offices, faculty lounges, gymnasiums or any other rooms; or facilities whether indoor, or outdoor. It will further be the policy of the school district that the use of tobacco or tobacco products, including smokeless tobacco, and electronic cigarettes, will be prohibited in all vehicles owned, leased or operated by the district. District employees and students enrolled in the district's schools will not be permitted to use tobacco or tobacco products, including smokeless tobacco, while they are participants in any class or activity in which they represent the school district. It is the intention of the Board of Trustees that this policy will become effective immediately. It will apply to all employees of the school district, to all students enrolled in the school district, to all visitors to employees of agencies which work with students and/or employees of the school district, to spectators at various contests and activities and to all other persons who are authorized to be in the district's facilities. Signs will be posted throughout the district's facilities to notify students, employees and all other persons visiting the school that the use of tobacco and tobacco products is forbidden. Adoption Date: 11/13/13
Uinta County School District #6 ADD
UNSAFE SCHOOL CHOICE OPTION
Uinta County School District No. 6 does hereby adopt, in accordance with the Safe and Drug-Free Schools and Communities Policy adopted by the Wyoming Department of Education and in order to be in compliance with No Child Left Behind, the following policy relating to unsafe school choice option: Definition of a PDS. A school will be considered a persistently dangerous school if the following condition exists:
In any two consecutive years, the school has experienced expulsions (as defined by the Wyoming State Education Code) for drugs, alcohol, weapons, or violent criminal offense that exceed an expulsion rate of two percent (2%) per year of the student body or four (4) students, whichever is higher, as figured from the most currently available year’s enrollment.
Definition of Violent Criminal Offense: For purpose of this definition a “violent criminal offense” shall mean homicide, rape, robbery, and/or aggravated assault (as defined by the Wyoming Violent Index Offenses). Once the School District receives notice from the Wyoming Department of Education that one of its schools has been identified as a PDS, the District will:
1. Notify the parents of each student attending the school within ten (10) days that the state has identified it as a PDS.
2. Offer all students the opportunity to voluntarily transfer to a “safe” public school within the district. If there is not another school in the district, the district will explore other options, such as an agreement with a neighboring school district to accept transfer students.
3. For those students who accept the offer, complete the transfer within thirty (30) days, or as near to thirty (30) days as practicality allows.
4. Develop a corrective action plan within thirty (30) days. 5. Pursue timely implementation.
In the case of transfers:
1. The district will allow students to transfer to a school that is making adequate yearly progress and is not identified as being in need of school improvement, corrective action, or restructuring, if a transfer is possible. Guidelines for transfer will include:
a. Any in-district school of appropriate grade level that is within a practical distance. b. A nearby out-of-district school at a practical distance if the
receiving school agrees to take the student and pay the transportation costs. The potential out-of-district receiving school is not obligated for either.
2. Transfers may be temporary or permanent, but must be in effect as long
as the original school is identified as persistently dangerous. 3. The No Child Left Behind transfer policy as it applies to a PDS allows the
student the administrative option of attending a safer school. It neither compels a student to transfer to another school o nor compels a receiving school to pay for transportation costs. The No Child Left Behind transfer option is not applicable when no practical options exist.
Corrective Action Plan The correction action plan must be submitted to WDE for approval. The WDE will provide technical assistance and monitor the district’s actions throughout the system. Note: All official expulsions must be promptly reported to the Health & Safety Unit Director in the Wyoming Department of Education, Cheyenne, Wyoming. Students Who Have Been Victims of a Violent Criminal Offense The district will provide safe school options, when possible, to a student who has been a victim of a violent criminal offense from another student at that same school, while in or on the grounds of the public school that the student attends:
1. The district will, within ten (10) days, offer an opportunity to voluntarily transfer to a safe public school within the district if one is available.
2. When another school is not available within the district, the district will
review other appropriate options, such as an agreement with the neighboring district to accept the student.
Adopted: 12/18/2013
Uinta County School District #6 BA BOARD OPERATIONAL GOALS A board of trustees must be aware of its unique position in the plan of American education. The statements of this Board's objectives below express the position quite clearly: 1. The Board shall make every effort to be a representative body. 2. The Board shall endeavor to adopt and to follow written policy for
guidance in decision-making. 3. The Board shall involve the community, when feasible, in policy
development. 4. The Board shall endeavor to provide the community with information about
school affairs. 5. The Board shall follow ethical principles and shall refrain from acts of a
petty or questionable nature. 6. The Board shall develop and shall promote policies and procedures which
tend to encourage unity and excellence within the school district. 7. The Board shall base its actions on facts surrounding the issues involved. 8. The Board shall endeavor to develop policies and procedures for training
its members and for assuming educational leadership in the community. Adoption Date: 11/13/13
Uinta County School District #6 BB
LOCAL SCHOOL BOARD LEGAL STATUS As a body created under the laws of Wyoming, the district school board ultimately derives its authority from the people of the state. The school board is responsible to the voters of the district and exercises its authority subject to the provisions of the Constitution of the United States, the Constitution of the State of Wyoming, state law, and rules and regulations of the Wyoming State Department of Education and within budgets for expenditures as prescribed by the Municipal Fiscal Procedures Act. The law states that:
The board of trustees of a school district shall be the governing body of the school district. A majority of the number of members of the board of trustees shall constitute a quorum for the transaction of business at any meeting of the board of trustees. No action of the board of trustees shall be valid unless such action shall receive the approval of a majority of the members elected to the board of trustees. (W.S. 21-3-105).
Number of Board Members The Board of Trustees of Uinta County School District No. 6 consists of 5 (five) members elected by the qualified electors of the School District. Adoption Date: 11/13/13
Uinta County School District #6 BBA
BOARD POWERS AND RESPONSIBILITIES The Board of Trustees, whose members are selected as representatives of the people in the school district, shall act as the general agent of the state in carrying out the will of the people of the district in matters of public education. The Board has those powers which are expressly granted to it by the legislature and also those powers which may be reasonably implied. Within these constraints, the Board of Trustees views its required function in these broad areas. 1. LEGISLATIVE & POLICYMAKING: The Board is responsible for the development of policy as guides for administrative action and for employing a superintendent to implement its policies. 2. APPRAISAL: The Board is responsible for evaluating the effectiveness of its policies and their implementation. 3. PROVISION OF FINANCIAL RESOURCES: The Board is responsible for the adoption of a budget which will provide the wherewithal--in terms of buildings, staff, materials, and equipment--which will enable the school system to carry out the Board's policies. 4. PUBLIC RELATIONS: The Board is responsible for providing adequate and direct means of keeping the local community informed about the schools and for keeping itself and the school staff informed about the needs and wishes of the public. 5. EDUCATIONAL PLANNING & EVALUATION: The Board is responsible for establishing educational goals which will guide both the Board and the staff in working together toward the continuing improvement of the educational system. It is responsible for providing for the ongoing evaluation of the educational program comparing it to the goals and objectives set forth by the Board of Trustees. 6. JUDICIAL: The Board is responsible for acting as a court of appeals for staff members, students, and the public when issues involve Board policy and its fair implementation. Adoption Date: 11/13/13
Uinta County School District #6 BBAA
BOARD MEMBER AUTHORITY AND RESPONSIBILITIES Because all powers of the Board of Trustees lie in its action as a group, individual board members exercise their authority over district affairs only as they vote to take action at a legal meeting of the Board. In other instances, an individual board member, including the chairman, shall have power only when the Board, by vote, has delegated authority to him or her. Although a board member as an individual may listen to problems of residents concerning school matters, the member shall not offer counsel in the name of the board or make commitments involving the board. No individual member of the board is at liberty to direct the actions of any staff member. Each individual board member has the responsibility to represent, open-mindedly, the entire school district. The board member's consideration for the entire school district should take precedence over every form of school area partisanship and special interest. Adoption Date: 11/13/13
Uinta County School District #6 BBB
SCHOOL BOARD ELECTIONS AND MEMBERSHIP Election of members of the board of trustees shall be held in the manner provided by state statutes as they are detailed and prescribed by the Wyoming Election Code and the Constitution of the State of Wyoming. The board shall consist of five (5) members elected by the qualified voters of the school district. The board members shall be elected from the trustee resident areas as follows:
Five (5) members at large. A regular term is four years. The terms will be staggered. The annual election of board members is held at the general election on the first Tuesday after the first Monday in November in even numbered years. Board members are elected on a non-partisan ballot in accordance with provisions of the Wyoming Election Code. A qualified person may be nominated for office by filing an application for election with the county clerk in the manner provided by law. Adoption Date: 11/13/13
Uinta County School District #6 BBBA
BOARD MEMBER QUALIFICATIONS Members of the Board of Trustees should have a genuine interest in and devotion to public education, a willingness to give time and effort to the work, a capacity for understanding people, and the ability to work cooperatively with others. Any qualified elector of the school district is eligible to serve as a school board member. A "qualified elector" is a person who is:
* a citizen of the United States; * eighteen years old or older on election day; * a resident of the State of Wyoming and the trustee area he or she
wishes to represent; * a registered voter.
A person may not serve on a school board who is:
* a mentally incompetent person; * has been convicted of a felony and whose civil rights have not been
restored. * an employee of the district.
A qualified person may be nominated for the office of school district trustee by filing an application for election with the county clerk not more than ninety nor less than seventy days prior to the election. Adoption Date: 11/13/13
Uinta County School District #6 BBBB
BOARD MEMBER OATH OF OFFICE Every person elected or selected to be a member of the Board of Trustees shall appear before a person qualified to administer oaths and solemnly pledge to faithfully perform their duties as required by law. The oath must be administered within ten (10) days after receiving notice of election or appointment and prior to assuming the duties of school board member. The oath may be administered by any officially elected board member. Example:
I solemnly swear that I will support the Constitution and laws of the United States of America and of the State of Wyoming; that I will discharge the duties of my office with fidelity; that I have not knowingly violated any law of the State of Wyoming relating to my election or appointment or caused it to be done by others; and that I will faithfully execute the duties of my office as a member of the governing body to the best of my ability.
Adoption Date: 11/13/13
Uinta County School District #6 BBBC
BOARD MEMBER RESIGNATION If a board member's permanent residence ceases to be in the school district or in the member's Trustee Resident Area, the board member will resign immediately. Upon receipt of a board member's written resignation for this or any other reason, the Board will consider it at its next regularly scheduled meeting. The Board will then accept the resignation by formal action and declare the Board position vacant unless the resignation is withdrawn any time prior to the Board's action. Adoption Date: 11/13/13
Uinta County School District #6 BBE
BOARD VACANCY The Board of Trustees shall fill a vacancy in office by temporary appointment in the manner provided by law. If the trustees fail to appoint a qualified person to fill a vacancy within thirty (30) days from the date the vacancy occurs, or if, for any reason, the entire membership of the Board of Trustees is depleted, the board of county commissioners of the county or counties involved, within ten (10) days of either occurrence, shall appoint a qualified person to fill each vacancy until the next election, at which time an election shall be held to fill the unexpired term, and each appointee shall serve until his/her successor is elected and qualified. Each appointee shall be a resident of the trustee residence area previously represented. Adoption Date: 11/13/13
Uinta County School District #6 BCA
SCHOOL BOARD MEMBER CODE OF ETHICS As a member of my local Board of Trustees I will strive to improve public education, and to that end I will: * Attend all regularly scheduled board meetings insofar as possible, and
become informed concerning the issues to be considered at those meetings;
* Recognize that I should endeavor to make policy decisions only after full
discussion at publicly held board meetings; * Render all decisions based on the available facts and my own
independent judgment, and refuse to surrender that judgment to individuals of special interest groups;
* Encourage the free expression of opinion by all board members, and seek
systematic communications between the Board and students, staff and all elements of the community;
* Work with other board members to establish effective Board policies and
to delegate authority for the administration of the schools to the superintendent;
* Communicate to other board members and the superintendent
expressions of public reaction to Board policies and school programs; * Inform myself about current education issues by individual study and
through participation in programs providing needed information, such as those sponsored by the state and National School Boards Association;
* Support the employment of those persons best qualified to serve as
school staff, and insist on a regular impartial evaluation of all staff; * Avoid being placed in a position of conflict of interest, and refrain from
using Board position for personal or partisan gain; * Take no private action that will compromise the Board or administration,
and respect the confidentiality of information that is privileged; * Remember, always, that the first and greatest concern must be the
educational welfare of the students attending the public schools. Adoption Date: 11/13/13
Uinta County School District #6 BCB
BOARD MEMBER CONFLICT OF INTEREST Public office is a trust created by the confidence which the public places in the integrity of its public officers. To preserve this confidence, the Board and its individual members will operate in a manner which will avoid situations that have the appearance of a conflict of interest. A board member shall not have any direct financial interest in a contract with the school district, nor shall he or she furnish directly any labor or equipment to the district without disclosing his interest, removing himself from the room when the remainder of the Board considers the contract or purchase of materials, refrains from attempting to influence the Board in making its decision, and does not vote on the issue before the Board. No Board member shall participate in a vote that has the effect of giving money or any other direct financial benefit to the Board member. It is not the intent of this policy to prevent the district from contracting with corporations or businesses because a board member is an employee of the firm. The policy is designed to prevent placing a board member in a position where his interest in the public schools and his interest in his place of employment (or other indirect interest) might conflict and to avoid the appearance of conflict of interest even though the conflict might not exist. Board members shall not apply for any position within the District. They may resign from the Board and then apply for a position. No employee will be placed in any position where direct supervisory authority is exercised over a family member. No relative of an employee will be shown preference for employment in any position. No Board member shall advocate or cause the employment, appointment promotion, transfer, or advancement of a family member to an office or position within the School District, nor shall any Board member participate in his official capacity as a Board member regarding a matter relating to the employment or discipline of a family member. A family member is defined as a spouse, parent, sibling, child, grandparent or grandchild; or an individual living in the employee/board member’s home. Adoption Date: 11/13/13
Uinta County School District #6 BDA
BOARD ORGANIZATIONAL MEETING The Board shall organize annually by the election of officers from its membership at the first regular meeting in December. The meeting shall be chaired by the superintendent until a chairman is elected. The officers of the Board shall be chairman, vice-chairman, clerk, and treasurer. Election shall be by voice vote unless a secret ballot is requested by any board member. Nominations shall be made from the floor. A nominee must receive a majority vote of board members for election to office. Should no nominee receive a majority vote, the election shall proceed until a member is elected. Adoption Date: 11/13/13
Uinta County School District #6 BDB BOARD OFFICERS The officers of the Board shall be chairman, vice-chairman, clerk and treasurer. DUTIES OF THE CHAIRMAN The chairman of the board shall preside at all Board meetings at which he or she is present and shall co-sign with either the clerk or treasurer all warrants and checks drawn on the school district treasury. The chairman shall have full voice and vote on all motions put before the Board. DUTIES OF THE VICE-CHAIRMAN In the absence of the chairman, the vice-chairman shall preside at the meeting. If neither chairman or vice-chairman is present, the board members who are present shall elect a temporary chairman for the purposes of the meeting. DUTIES OF THE CLERK 1. Co-sign, with the chairman, all warrants and checks unless the treasurer's
signature is affixed; 2. Keep the minutes of the meetings of the Board and a calendar of all matters
referred to committees and others, and report action or non-action on the same at each regular meeting;
3. Have care and custody of the record books and documents of the Board; 4. Cause the annual report to be made and forwarded to the proper local, county,
and state officials; 5. Receive and reply to all communications as directed by the Board; 6. File all papers pertaining to district business; 7. Call special meetings of the Board when requested; DUTIES OF THE TREASURER The treasurer is the custodian of the school district funds. He shall: 1. Cause an account to be kept of the receipts and expenditures of the district; 2. Co-sign, with the chairman, all warrants unless the clerk's signature is affixed;
3. Have custody of all district money and pay it out on order of the clerk, countersigned by the chairman;
4. Render a financial statement at any time required by the Board and, at the
close of each fiscal year, cause to be published in some newspaper of general circulation within the school district, a detailed report showing the sources of revenue and the purposes for which monies were expended.
In the event a vacancy should occur in any office of the Board of Trustees, the vacancy shall be filled by the remaining members of the Board of Trustees. Adoption Date: 12/18/2013
Uinta County School District #6 BDD
BOARD/SUPERINTENDENT RELATIONSHIP The Board believes that the legislation of policies is the most important function of the school board and that the execution of the policies should be the function of the superintendent. Delegation by the Board of its executive powers to the superintendent provides freedom for the superintendent to manage the schools within the Board's policies and frees the Board to devote its time to policymaking and evaluation functions. The Board holds the superintendent responsible for the administration of its policies, the execution of Board decisions, the operation of the internal machinery designed to serve the school program, and for keeping the Board informed about school operations and problems. The Board shall strive to procure, when a vacancy exists, the best professional leader available for the chief administrative post. Then, the Board as a Board and individual members shall: 1. Give the superintendent full administrative authority for properly
discharging his professional duties, holding him responsible for acceptable results;
2. Consider the recommendation of the superintendent in matters of
employment or dismissal of school personnel; 3. Hold all meetings of the Board, including executive sessions, in the
presence of the superintendent except when his contract and salary are under consideration;
4. Refer all complaints to the superintendent or appropriate administrator for
administrative solution or recommendation prior to Board discussion and action;
5. Strive to provide adequate safeguards around the superintendent and
other staff members to the end that they can live happily and comfortably in the community and discharge their educational functions on a thoroughly professional basis;
6. Present personal criticism of any employee directly to the superintendent. Adoption Date: 12/18/2013
Uinta County School District #6 BDE
BOARD COMMITTEES Board may appoint committees to assist the Board and administrative officers of the school. The function of these committees shall be advisory. Committees shall not have the authority to obligate the district financially nor shall they exercise executive authority without consent of the Board. The committee shall be dissolved upon completion of its assignment, or it may be dissolved by a vote of the Board at any time. The Board may also appoint individual members to serve as liaison with various organizations or as representatives on district or inter-district committees. Adoption Date: 1/15/2013
Uinta County School District #6 BDG
SCHOOL ATTORNEY/LEGAL SERVICES The Board of Trustees shall appoint an attorney to advise and represent the District. It shall be the duty of the School District attorney to advise the Board and the Superintendent on specific legal problems submitted to him/her. The attorney shall attend meetings upon request and shall be familiar with requirements of the Wyoming Education Code and with Board policies, actions, and practices under these policies. Adoption Date: 12/18/2013
Uinta County School District #6 BE
SCHOOL BOARD MEETINGS The regular meeting of the Board of Trustees of Uinta County School District No. 6 shall be held in the Board Room in the School Administration Building located at 127 North Franlkin Street, on the Third Wednesday of each month. All regular meetings will convene at 8 o'clock p.m. The Board shall give notice of the regular meetings of the Board in a newspaper designated as the official newspaper of the school. The notice will be published in the newspaper after the organizational meeting of the Board and before the next regular meeting. A second notice will be published in July as part of the District's annual report. Special meetings may be called at any time by the clerk upon the request of the board chairman or any two members of the Board. Action at special meetings shall be limited to items related to the purpose or purposes for which the meeting was called and announced in the notice of the special meeting. The chairman may call an emergency meeting to take temporary action on a matter of serious, immediate concern without notice. However, a reasonable effort will be made to notify the public of the meeting. All action taken at an emergency session is temporary. In order for it to become permanent, it must be reconsidered and acted on at an open public meeting within 48 hours. All meetings of the Board are open to the public and press except for executive sessions. Because all powers of the Board of Trustees lie in its collective action as a group, individual board members exercise their authority over district affairs only as they take action at a legal meeting of the Board. In other situations, an individual board member, including the chairman, shall have the authority to act only when the Board has delegated that authority to him or her. Adoption Date: 12/18/2013
Uinta County School District #6 BEA
OPEN MEETINGS All meetings of the Board of Trustees are open public meetings. That means they are meetings held in public so that the public may observe the Board as it conducts the district's business. They are not a meeting designed for public participation on every issue before the Board. The Board may provide for public input during the meeting on specific issues. The Board may meet in executive session for those purposes provided by law. The public may be excluded from an executive session. Official action will be taken by the Board only in an open public meeting. A member of the public will not be required to provide any information, register or complete a questionnaire as a condition of attendance at any Board meeting. They may be required to identify themselves and indicate any affiliation they may have if they seek recognition prior to speaking to the Board. Adoption Date: 12/18/2013
Uinta County School District #6 BEC
EXECUTIVE SESSIONS
The Uinta County School District #6 board of trustees may hold executive sessions not open to the public:
(i) With the attorney general, county attorney, district attorney, city attorney, sheriff, chief of police or their respective deputies, or other officers of the law, on matters posing a threat to the security of public or private property, or a threat to the public's right of access;
(ii) To consider the appointment, employment, right to practice or dismissal of a public officer, professional person or employee, or to hear complaints or charges brought against an employee, professional person or officer, unless the employee, professional person or officer requests a public hearing. The governing body may exclude from any public or private hearing during the examination of a witness, any or all other witnesses in the matter being investigated. Following the hearing or executive session, the governing body may deliberate on its decision in executive sessions;
(iii) On matters concerning litigation to which the governing body is a party or proposed litigation to which the governing body may be a party;
(iv) On matters of national security;
(v) When the agency is a licensing agency while preparing, administering or grading examinations;
(vi) When considering and acting upon the determination of the term, parole or release of an individual from a correctional or penal institution;
(vii) To consider the selection of a site or the purchase of real estate when the publicity regarding the consideration would cause a likelihood of an increase in price;
(viii) To consider acceptance of gifts, donations and bequests which the donor has requested in writing be kept confidential;
(ix) To consider or receive any information classified as confidential by law;
(x) To consider accepting or tendering offers concerning wages, salaries, benefits and terms of employment during all negotiations;
(xi) To consider suspensions, expulsions or other disciplinary action in connection with any student as provided by law.
(b) Minutes shall be maintained of any executive session. Except for
those parts of minutes of an executive session reflecting a members' objection to the executive session as being in violation of this act, minutes and proceedings of executive sessions shall be confidential and produced only in response to a valid court order.
(c) Unless a different procedure or vote is otherwise specified by law, an executive session may be held only pursuant to a motion that is duly seconded and carried by majority vote of the members of the board of trustees in attendance when the motion is made. A motion to hold an executive session which specifies any of the reasons set forth in paragraphs (a)(i) through (xi) of this policy shall be sufficient notice of the issue to be considered in an executive session.
Board members and other persons attending an executive session are duty-bound not to disclose matters discussed at the executive session.
Adoption Date: 12/18/2013
Uinta County School District #6 BED
MEETING PROCEDURES The Board believes it can meet as a body and proceed best with its deliberations in an atmosphere of free exchange of information and opinion unhampered by formal rules of order which are usually designed for the management of large groups or organizations. The Board shall not consider itself bound by the rules of any certain manual of parliamentary procedure but will generally follow the format described in Roberts' Rules of Order, and in the event of a dispute those rules shall control. Adoption Date:1/15/2013
Uinta County School District #6 BEDB
AGENDA: FORMAT PREPARATION AND DISSEMINATION The order of business during any meeting of the Board shall be determined by an agenda prepared by the superintendent in consultation with the board chairman. Members of the staff or public who wish to have a particular item(s) placed on the agenda, or who desire to make a presentation to the Board, may make these requests to the superintendent or the board chairman. The agenda, together with supporting materials, shall be sent to board members by the superintendent sufficiently prior to the meeting, if at all possible, to permit them to give items of business advance study. The agenda shall be distributed to interested organizations and agencies that request copies. The Board shall follow the order of business set up by the agenda, unless, by consensus, the Board agrees to modify the order of business. The agenda may allow a suitable time for the remarks of the public who wish to speak to the Board. Guests appearing before the Board to speak may be given preference to other agenda items. Adoption Date:1/15/2013
Uinta County School District #6 BEDC
QUORUM A majority of the elected Board members in the District shall constitute a quorum for the transaction of business at any Board meeting. No action of the Board shall be valid unless it receives the approval of a majority of the Board members. If a quorum is not present the members in attendance may adjourn the meeting to another time. Notice will be given to all members of the Board of the time and place of the adjourned meeting. Adoption Date: 1/15/2013
Uinta County School District #6 BEDF
VOTING METHOD All voting will be by hand signal. However, election of officers at the organizational meeting of the Board may be by secret ballot. The chairman of the board shall vote on all issues before the Board; unless excused from the vote, or recuses himself/herself from the vote. To pass, any motion must receive an affirmative vote from a majority of the total elected number of school trustees. Members must be physically present at board meetings to vote on agenda items or must be available via telephone or video conference system which enables the Board member to take part in all discussions concerning an agenda item and hear all comments by all Board members and/or other persons permitted to speak on an item and all other Board members must be permitted to hear any comments or discussion of the Board member not present. Participation in this manner is discouraged and should be done only in exceptional cases. It is the right and duty of every member of the board who has an opinion on an issue to express it by his or her vote. If a member announces a conflict of interest with regard to the issue before the Board, the member may leave the meeting until voting on the issue is concluded. The conflict will be noted in the official minutes of the meeting and the member will be recorded as having abstained on the issue. When a tie vote exists on a motion, the motion will be declared to have failed. Votes will be recorded in the minutes of the meeting by indicating the name of the Board members voting in the affirmative, and the name of the Board members voting against the motion. Motions will be recorded as either passing or having failed. Adoption Date: 1/15/2013
Uinta County School District #6 BEDG
MINUTES The minutes of the meetings of the Board of Trustees constitute the written record of all proceedings of the Board. Therefore, the minutes shall include: 1. The nature of the meeting, whether regular or special; time and place;
members present; approval of the minutes of the preceding meeting or meetings;
2. A record of all actions taken by the Board; the motion, the name of the
member making the motion and seconding it and the record of the vote; 3. Lengthy discussion may be summarized and long documents will be
attached by reference when necessary; 4. A record of all business that comes before the Board through reports of
the superintendent and others, and through communications from staff and the public;
5. The names of all persons who speak before the Board and the topic of
their remarks; 6. A record that an executive session was held and why it was held; 7. A record of adjournment. The minutes shall be signed by the clerk, and following their approval, the official copy shall also be signed by the chairman of the Board of Trustees. The minutes shall be in the custody of the board secretary who shall make them available to the public upon request during normal office hours. Copies of the unapproved minutes will be mailed to board members with their agenda for the next regularly scheduled board meeting. Adoption Date: 1/15/2013
Uinta County School District #6 BEDH PARTICIPATION AT BOARD MEETINGS All regular, special, and emergency meetings of the Board of Trustees are open to the public. Because the Board desires to hear the viewpoints of citizens throughout the district, it may provide time at all meetings for citizens to be heard. Board meetings are conducted for the purpose of carrying out the official business of the school district. The meetings are not public forum meetings, but are meetings held in public. All meetings, except executive sessions, will be open public meetings. Orderly conduct of meetings does not permit spontaneous discussion from the audience. Individuals or organizations desiring to make requests, presentations or proposals to the Board will be provided that opportunity. Citizens wishing to have an item placed on the agenda for a specific board meeting, should direct their request to the superintendent or board chairman. When possible, a request to have an item placed on the agenda should be made seven days prior to the scheduled meeting of the Board. The superintendent and the board chairman will confer and determine the appropriate placement of the item on the agenda. Speakers may be scheduled to address subjects which are included on the agenda. Recognizing its responsibility for proper governance of the schools, and, therefore, the need to conduct its business in an orderly and efficient manner, the Board may schedule a period during each meeting for public participation. At times, it shall set a time limit on the length of this period or a time limit for individual speakers. Speakers will be recognized by the chairman of the board and may make objective comments on school operations and programs. The Board will not permit, in public session, any expression of personal complaint about school personnel nor against any person connected with the school system. Personnel matters are not appropriate topics to be discussed at regular board meetings. Decorum requires that such matters be entertained in executive session as arranged by the Board. Speakers will not be permitted to participate in gossip, make defamatory remarks, use abusive or vulgar language. Speakers will be advised that their comments must be limited to items which relate directly to the school district. The board chairman will maintain the prerogative to discontinue any presentation which violates any of the public participation guidelines. A single spokesperson should be selected by groups or organizations desiring to address the Board on an agenda topic in order to avoid presenting repetitious information.
The board chairman shall be responsible for recognizing all speakers, who shall properly identify themselves; for maintaining proper order; and for adherence to any time limit set. Questions asked by the public shall, when possible, be answered immediately by the chairman or referred to staff members present for reply; questions requiring investigation shall be referred to the Board or administrative staff for consideration and later response. The intent of this policy is to allow a fair and adequate opportunity to be heard, to allow the superintendent to take action when policies have been established by the Board on the subject of the request, to provide adequate time for the Board to obtain necessary information concerning the subject, and to see that time devoted to the discussion does not interfere with the fulfillment of the Board's scheduled agenda. Adoption Date: 1/15/2013
Uinta County School District #6 BEDI
NEWS MEDIA SERVICES Local news media representatives shall be welcome to attend all regular or special meetings of the Board of Trustees except executive sessions. Adoption Date: 2/19/2014
Uinta County School District #6 BEDJ
BROADCASTING/TAPING OF MEETINGS Photographic and electronic audio and video broadcasting and recording devices may be used at regular and special Board of Trustees' meetings legally open to the public according to the following guidelines: * Photographs, broadcasting, and recordings of meetings are permitted only
when all parties involved have been informed that cameras, broadcasting, and/or recording devices will be used.
* Persons operating cameras, broadcasting, and/or recording devices must
do so with a minimum of disruption to those present at the meeting. Specifically, the view between Board members and the audience must not be obstructed, interviews must not be conducted during the meeting, and no commentary is to be given in a manner that distracts Board members or the audience.
The Board will make the necessary arrangements to have audio recordings of all regular meetings and any special meetings that it deems appropriate. Following approval of the minutes, which will be the official record of the meeting, audio recordings may be erased. Adoption Date: 2/19/2014
Uinta County School District #6 BEE
BOARD HEARING/APPEAL PROCEDURES All formal due process hearings to be held before the board of trustees or those mandated to be held before an independent hearing officer shall be conducted in the manner provided by the Rules of Practice Governing Hearings and Contested Cases Before the Board of Trustees or an independent hearing officer and in accordance with the Wyoming Administrative Procedures Act. Decisions regarding determination of eligibility for free and reduced-price school lunches shall also be held in accordance with the district rules governing determination of eligibility for free and reduced-price school lunches. Disputes regarding services and programs provided to children with disabilities shall be resolved in the manner provided by the Wyoming State Board of Education Rules and Regulations for serving children with disabilities, specifically including the due process procedures set forth therein. Less formal hearings may be conducted before the board of trustees at any time with the consent of all parties or as provided for resolving grievances and/or other discrimination claims which are appealed to the board of trustees, in which event the appeal process shall be as set forth in the specific policy relating to the grievance or claim. Adoption Date: 1/15/2013
Uinta County School District #6 BEE-R
RULES OF PRACTICE GOVERNING HEARINGS AND CONTESTED CASES BEFORE THE BOARD OF TRUSTEES OF Uinta COUNTY SCHOOL DISTRICT NUMBER 6 AND HEARINGS REQUIRED TO BE HELD BEFORE AN INDEPENDENT HEARING OFFICER ARTICLE I GENERAL PROVISIONS
Section 1. Authority. These rules are adopted as authorized by the Wyoming Administrative Procedures Act, W.S. 16-3-101 through 16-3-115, and under the provisions of W.S. 21-3-110 as amended.
Section 2. Effective Upon Compliance. These rules shall be effective upon compliance with all pre-requisites set forth in the Wyoming Administrative Procedures Act, '16-3-102 to 16-3-106 or any statute amending, recodifying or superseding the same.
Section 3. Previous Rules Superseded. From and after the effective date of these rules, any previously filed rules of practice of Uinta County School District No. 6 relating to Contested Hearings, shall be superseded and shall be of no further force or effect.
Section 4. Promulgation, Amendment or Repeal of Rules. Any amendments to these rules shall become effective as provided by W.S. 16-3-101 through 16-3-115. ARTICLE II DEFINITIONS AND APPLICABILITY HEARINGS AND CONTESTED CASES
Section 1. Definitions. As used in these rules:
a. "Board" means the Board of Trustees of Uinta County School District No. 6.
b. "Chairman" means the chairman of the Board.
c. "Hearing" includes all contested cases.
d. "Party" means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party.
e. "Person" means any individual, partnership, corporation, association, municipality, governmental subdivision or public or private organization of any character other than an agency.
f. "Superintendent" means the chief administrative officer of the school district.
g. "Clerk" means the Clerk of the Board.
h. "Teacher" means any person employed under contract by the board as a certified professional employee.
i. "Pupil" or "student" means any person duly enrolled for instruction in the public elementary or secondary schools of this district.
j. "Independent hearing officer" means that person selected or appointed as provided for in W.S. '21-7-110(c).
Section 2. Applicability of Rules.
a. These rules shall apply to all hearings required by law to be held with respect to termination, dismissal and suspension of teachers under the Wyoming Teacher's Employment Law as amended, and, any applicable federal and state court decisions, and to all formal hearings required by law to be held with respect to the suspension or expulsion of any student from the public schools and to any other matters wherein a contested case, as defined by law, is presented or any other matter wherein a hearing is required by law.
b. Informal or investigative hearings may be held by the Board without compliance with these rules.
c. Hearings not in compliance with these rules may be held by the Board upon express written agreement by all parties.
d. All petitions filed with the Board in the form of appeals from decisions of District employees, administrators, or teachers shall be handled under these rules to the extent they are applicable unless they are otherwise provided for under any Employee - District negotiated contract, or a grievance procedure adopted by the Board. ARTICLE III HEARINGS BEFORE THE BOARD
Section 1. Generally. Any person whose legally-recognized rights have been or will be affected by any decision, order, ruling, or other action taken by the Board
or to be taken by the Board has a right to a hearing before the board unless such hearing is required by law to be before an independent hearing officer.
Section 2. Petition. Any person desiring to come before the Board for a hearing must file with the Board, in its office at Uinta County School District No. 6, Lyman, Wyoming, a petition setting forth:
a. A concise statement of the facts on which the petitioner relies.
b. A statement in ordinary language, setting forth the action or decision desired by the petitioner.
c. The name, address and telephone number of the petitioner and of the attorney for the petitioner, if any.
d. The signature of the petitioner and attorney for the petitioner, if any.
e. The legal authority, if any, or known at the time of the filing of the petition, upon which the petitioner relies.
Section 3. Board As Petitioner. In any matter in which the School District is required to hold a hearing either before the Board or before an independent hearing officer in which it has the burden of proof; the School District shall be deemed the petitioner for purposes of these rules. Any notices or writings required by law for said hearing shall be deemed to be the petition for the School District. Any objection by the other party to the petition of the School District shall be served in writing at least ten (10) working days before any scheduled hearing.
Section 4. Notice of Hearing. For any hearing which is to be held before the Board, the Clerk shall cause written notice of any hearing held under these rules to be served upon each party as much time in advance of the date set for hearing as is reasonably practicable. Such notice shall include a statement of:
a. The time, place and nature of the hearing.
b. The legal authority and jurisdiction under which the hearing is to be held.
c. The particular sections of the statutes, rules, or court decisions involved.
d. A short and plain statement of the matters asserted. If the Clerk is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved, and thereafter upon application a more definite and detailed statement shall be furnished.
For hearings required by law to be held before an independent hearing officer, the independent hearing officer shall be responsible for notifying the teacher and
superintendent of the date, time and location of the hearing. Hearings before an independent hearing officer shall be held within forty-five (45) days after notice of termination, suspension or dismissal.
Section 5. Hearing Examiner.
a. Whenever it shall appear, from statements of any party or other sources, including applicable Federal or State case law, that a dispute exists wherein a hearing is authorized or required to be held before the Board, the Board, at its option, may delay further proceedings until all factual disputes are heard and recommendations made by a hearing examiner as provided in this section.
b. The hearing examiner shall be the presiding officer at the hearing and shall conduct all proceedings in an impartial manner.
c. The hearing examiner shall be a qualified member of the bar of Wyoming.
d. The hearing examiner shall make recommended findings of fact and conclusions of law to the Board in writing.
e. The hearing examiner shall be hired by the Board and shall be entitled to a reasonable fee for his services and reimbursement for reasonable expenses incurred in connection therewith, but shall not be considered an employee of the District, but rather, an independent contractor.
f. The hearing examiner shall accord the parties the same hearing procedural rights as are available to them in a hearing before the Board as herein set forth.
g. The impartial hearing examiner shall not be an employee of the Board of a person with a personal or professional interest in the case at hearing, nor be biased or prejudiced against any party to the hearing.
Section 6. Adoption of Findings of Fact and Conclusions.
a. The recommended Findings of Fact and Conclusions of Law certified by the hearing examiner under Section 5.d of this Article III of these rules or rendered by the independent hearing officer pursuant to W.S. '21-7-110 shall be mailed to all parties and members of the Board.
b. Any party objecting to the recommended Findings of Fact and Conclusions of Law shall present any objections at the next meeting of the Board occurring at least forty-eight (48) hours after mailing of the recommended Findings of Fact and Conclusions of Law to all parties or within fourteen (14) days after mailing, whichever occurs first.
c. The recommended Findings of Fact and Conclusions of Law shall be adopted by the Board unless a majority of the members of the Board object to the recommended Findings of Fact and Conclusions of Law. No member of the Board may object to the recommendations unless he shall have been present at the hearing or has read the transcript of the proceedings or heard or examined the official record of the hearing. If the Board terminates, suspends or dismisses a teacher's employment over a recommendation by the independent hearing officer of retention, the written order of the Board shall include a conclusion together with reasons supported by the record. The decision of the Board to either adopt or reject the recommended Findings of Fact and Conclusions of Law shall be issued in writing within twenty (20) days of receipt of the recommended Findings of Fact and Conclusions of Law.
Section 7. Duties of Presiding Officer. The presiding officer at any hearing before the Board shall be the Chairman of the Board, or any member of the Board authorized to act in the absence of the Chairman, or the hearing examiner as provided in Section 5.b of this Article III of these rules, or the independent hearing officer as provided in W.S. '21-7-110. The presiding officer shall have authority and power to:
a. Administer oaths and affirmations;
b. Issue subpoenas;
c. Rule upon offers of proof and receive relevant evidence;
d. Take or cause depositions to be taken in accordance with the provisions of the Wyoming Administrative Procedures Act and rules of the Board;
e. Regulate the course of the hearing;
f. Hold conferences for the settlement or simplification of the issues;
g. Dispose of procedural requests or similar matters;
h. Cause Find of Fact and Conclusions of Law to be finalized and filed with the Clerk and delivered to all parties;
i. May recess the hearing or grant continuances for good cause;
j. May require written briefs from any party clarifying its legal or factual position;
k. May declare that any matter is being taken under advisement and that a decision will be announced at a later time, not to exceed twenty (20) days for hearings before the independent hearing officer or sixty (60) days for all other hearings;
l. Punish contempt by permanent removal from the hearing location of any person so offending;
m. See that a recording of the hearing is made by either an electronic recording device or certified shorthand or machine reporter or other person authorized to administer oaths;
n. Take any other action authorized by law, consistent with these rules, or required to fulfill any of his duties.
Section 8. Order of Procedure at Hearing. As nearly as may be, hearing shall be conducted in accordance with the following order of procedure:
a. The petitioner may briefly state his case and the evidence by which he expects to sustain it.
b. The adverse party may then briefly state his defense and the evidence he expects to offer in support of it.
c. The petitioner shall first produce his evidence, the adverse party will then produce his evidence.
d. The parties will then be confined to rebutting evidence unless the presiding officer permits them to offer evidence in their original case.
e. The presiding officer may, in his discretion, allow evidence to be offered out of the order as herein prescribed.
f. Closing statements will be made in the following sequence:
(1) Petitioner
(2) Adverse Party
(3) Petitioner in Rebuttal
Section 9. Witnesses at Hearings to be Sworn. All persons testifying at any hearing shall stand and be administered the following oath by the presiding officer: "Do you swear (or affirm) to tell the truth, the whole truth and nothing but the truth in the matter now before the Board, so help you God?", unless the hearing officer waives said oath on a showing that the person understands the meaning of telling the truth and that he/she may be charged and convicted of the crime of falsifying his/her testimony.
Section 10. Disposition of Case by Stipulation. Any case may be finally disposed of by stipulation, agreed settlement, consent order or default of the parties,
approved by the Board. An appropriate order accordingly shall be entered in the case record.
Section 11. Applicable Rules of Civil Procedure to Apply. The rules of practice and procedure contained in the Rules of Civil Procedure of the State of Wyoming, insofar as the same may be applicable, and not inconsistent with the laws of the State of Wyoming, or these rules shall apply at all hearings under these rules. Service of the petition and notice of hearing may be by certified or registered mail to the last known address of the teacher or student involved or by personal service by any adult, provided that service upon a teacher or student by an employee of the school district shall be witnessed unless an acknowledgment of service is signed by the teacher or student. All other notices and service of papers shall be made in accordance with Rule 5 WRCP.
Section 12. Attorneys. The filing of a petition or other similar representation by an attorney constitutes his appearance for the party for whom the representation is made. The Board, hearing examiner, or independent hearing officer, must be notified in writing of any withdrawal from the case. Any person appearing at a hearing in a representative capacity, shall be precluded from examining or cross-examining any witness, unless such person shall be an attorney licensed to practice in the State of Wyoming, or a non-resident attorney, associated with a Wyoming attorney. These rules shall not be construed to prohibit any person from representing himself in any hearing under these rules.
Section 13. School Attorney Present. In all matters before the Board, or under these rules, Chairman shall request the school attorney to be present, to assist and advise the Board and to represent the District. If there is a conflict in the Board attorney acting as advisor for the Board, the Board shall authorize the employment of Special Counsel to act either as attorney for the Board or attorney for the District.
Section 14. Taking of Testimony - Reporter. Where oral testimony of witnesses is taken in a hearing under these rules, the testimony shall be reported either by an electronic recording device or by a certified shorthand machine reporter or other person authorized to administer oaths whose compensation for taking such testimony shall be at the expense of the District. A transcription of the proceedings or any part thereof shall be at the cost and expense of any party requesting the same, except when a decision pertaining to the termination, suspension or dismissal of a teacher is appealed to State District Court, in which event the cost of transcribing the record shall be borne equally by the teacher and the District.
Section 15. Decision and Order. The Board shall make a written decision and order in all cases, which order and decision shall be filed by the Clerk in the file of the matter. The vote of the Board shall be shown in its decision. When the decision involves a teacher, a copy shall be provided to the teacher and a copy placed in the school records pertaining to the teacher.
Section 16. Appeals. Any decision of the Board is subject to appeal to the District Court and the Supreme Court of Wyoming as provided by law.
Section 17. Application of Wyoming Administrative Procedure Act. Whether or not herein set forth, the provisions of the Wyoming Administrative Procedure Act, '16-3-101 to 16-3-115, as amended and the Wyoming Education Code (21-3-101 et. seq.), shall govern all procedures before this Board except in all statutory proceedings before this Board should a conflict arise between the statutes and these rules, the statutes shall govern and control.
Section 18. Severability. If any provision of these rules of practice or the application thereof to any matter is held invalid, the invalidity shall not affect the other provisions or applications of these rules which can be given effect without the invalid provision or application, and for this purpose the provisions of these rules are severable. ARTICLE IV RULES GOVERNING DETERMINATION OF ELIGIBILITY FOR FREE AND REDUCED PRICE SCHOOL LUNCHES
Section 1. Applicability of Rules. The rules contained in this Article shall apply to the determination of eligibility of pupils for free and reduced-price lunches.
Section 2. Definitions. As used in this Article, the following additional definitions apply:
a. "Family" shall mean a group of related or non-related individuals who are not residents of an institution or boarding house, but who are living as one economic unit.
b. "School Food Authority" means the person selected and hired by the board to oversee and administer the school lunch program of the District, and determine eligibility requirements in the school lunch program for recipients of free and reduced price lunches.
Section 3. Standards. In determining standards of eligibility for free and reduced-price lunches, the school food authorities shall consider in adopting or amending specific guidelines:
a. The level of family income, including welfare grants; and
b. The number of individuals in the family; and
c. The number of children in the family attending schools or service institutions.
Section 4. Eligibility. Any pupil who is a member of a family which has an annual income not above the applicable family size income level set forth in the income
poverty guidelines prescribed by the Secretary of Agriculture of the United States, shall receive free or reduced-price lunches.
Section 5. Non-Eligible Children. Any family which does not meet the eligibility criteria established by the school food authority may apply to the school food authority for free or reduced-price lunches for its pupils stating the reasons why, even though the family does not meet the eligibility criteria as established by these rules and the guidelines prescribed by the Secretary of Agriculture, such family believes that its pupils are unable to pay the full price of the lunch. If the school food authority determines, on the basis of such an application, that the pupils of such family cannot afford to pay the full price of a lunch, a free or reduced-price lunch may be made available to such children.
Section 6. Priority. The school food authority shall give first priority to providing free lunches to the neediest children in the schools within the district.
Section 7. Publicity. The school food authority shall publicly announce the standards and criteria for determining the eligibility for free and reduced-price lunches by taking the following actions:
a. Sending a letter or notice at or about the beginning of each school year to the parents of children in attendance, stating the eligibility standards and criteria for determining eligibility, how to apply for free and reduced-price lunches, and how a family may appeal the decision of the school authority; and
b. Sending a public release containing the same information as is required by subsection (a) of this section to the news media of general circulation within the district; and
c. Making available through the office of the superintendent,, copies of the public release, which copies shall be available to all interested parents and pupils.
Section 8. Applications. The school food authority shall supply forms upon which families may apply for free or reduced-price lunches. Such forms shall require only information as is needed to determine eligibility.
Section 9. Transfers. Transfers between or among schools within the District shall not affect eligibility for free or reduced-price lunches, nor require further application.
Section 10. Change in Status. In the event there is a change in the income or other eligibility criteria by which the pupils of any family were found to be eligible for free or reduced-price lunches, the family of which such pupils are members, must notify the school food authority immediately and the school food authority shall then redetermine the eligibility of the pupils for free or reduced-price lunches and notify the family of such determination.
Section 11. Appeals. Any family, the pupils of which have been refused free or reduced-price lunches, may, upon the forms available in the office of the superintendent, make application for a hearing before the board by filing a completed application form with the clerk.
Section 12. Time of Setting and Hearing.
a. Within ten (10) days after receipt of the application for hearing, the clerk shall set a time and place for hearing upon the application.
b. The time set for hearing shall be not less than ten (10) nor more than thirty (30) days after the date upon which the clerk shall receive the application.
Section 13. Exceptions to Rules of Practice Governing Hearings. The rules of practice governing hearings as contained in Article III of these rules, shall be applicable to hearings provided under the provisions of this Article IV, except as follows:
a. Service of any notice required to be made herein may be made upon any member of the family who is of legal age.
b. The proceedings need not be reported verbatim stenographically or by any other means except upon the request of either party, in which event, the party making such request shall bear the expense of the verbatim reporting. In the event the proceedings are not reported verbatim, accurate minutes of the hearing shall be kept by a person appointed by the board and such minutes shall be placed, with all exhibits offered into evidence, in the docket file. Date Approved: 2/19/2014 Revised: _________
Uinta County School District #6 BF
SCHOOL BOARD WORK SESSIONS AND RETREATS The board, as a decision-making body, is confronted with a continuing flow of problems, issues and needs, which require action. While the board is determined to expedite its business, it is also mindful of the importance of planning, brain-storming and thoughtful discussion without action. Therefore the board may schedule special meetings and retreats for discussion items only in order to provide its members and the executive staff with such opportunities. Work sessions and retreats shall be handled the same as special meetings and treated the same as special meetings even though formal action may not be taken. Minutes will be kept of such meetings although the minutes may simply indicate that the meeting was held and the board discussed a specific item of business, without providing further detail. Adoption Date: 2/19/2014
Uinta County School District #6 BGA
SCHOOL BOARD POLICY DEVELOPMENT It is the intent of the Board to develop policies and put them in writing so that they may serve as guidelines for its own operation and the successful and efficient functioning of the schools. The Board considers policy development one of its main responsibilities. Proposals regarding policies may originate with a member of the Board, the superintendent, a staff member, a parent, student, consultant, civic group, or any resident of the district. A careful and orderly process will be used in examining policy proposals prior to any action being taken by the Board. The Board will take action after hearing the recommendations of the superintendent and the viewpoints of persons and groups affected by the policy. Changes in needs, conditions, purposes, and objectives will require revisions, deletions, and additions to policies of the present and future Boards. The formal adoption of policies will be recorded in the minutes of the Board of Trustees meetings. Only those written statements that have been adopted will be regarded as official policy of the Board. Adoption Date: 2/19/2014
Uinta County School District #6 BGB
POLICY ADOPTION Adoption of new policies or the revision or repeal of existing policies is solely the responsibility of the Board of Trustees. The Board shall adhere to the following procedure in considering and adopting policy proposals to ensure that they will be examined before the final action. 1. First Meeting - The proposal shall be presented as a discussion item. 2. Second Meeting - The proposal shall be presented for a second reading
and discussion, 3. Third Meeting – The proposal shall be presented for a third reading,
discussion and final adoption. During the discussion of a policy proposal, the views of the public and staff will be considered. Amendments may be proposed by board members. An amendment will not require that the policy go through additional reading except as the Board determines that the amendment needs further study and that an additional reading would be desirable. Under unusual circumstances, the Board may temporarily approve and place into effect a policy to meet unusual conditions. However, the above procedure is required before the policy shall be considered final. Adoption Date: 2/19/2014
Uinta County School District #6 BGC
POLICY REVISION/REVIEW In an effort to keep its written policies up to date so that they may be used consistently as a basis for Board action and administrative decision, it shall be the policy of the Board to review its policies on a continuing basis. The Board shall evaluate how the policies have been executed by the school staff and shall weigh the results. It shall rely on the school staff, students, and community for providing evidence of the effect of the policies which it has adopted. The superintendent is given the continuing mission of calling the Board's attention to all policies that are out of date or for other reasons appear to need revision. School District policies may be repealed at any meeting of the board of trustees and shall not require a second or third reading or meeting for the motion to repeal to pass. Policies undergoing major revisions must be passed following the established policy of three readings. Minor revisions to policy may be made with a first reading only. Policies should reflect the adoption date and to the extent they are amended, the date of any amendment on the policy. Adoption Date: 2/19/2014
Uinta County School District #6 BGD
BOARD REVIEW OF ADMINISTRATIVE REGULATIONS The superintendent will write and promulgate administrative regulations to implement Board policy and present them to the Board for its approval or amendment. The Board reserves the right to review administrative regulations at its discretion, but it will revise or veto regulations only when, in the Board's judgment, they are inconsistent with policies adopted by the Board. Administrative regulations need not be reviewed by the Board in advance of issuance except as required by state law or in cases when strong community attitudes, or possible student or staff reaction, make it necessary or advisable for the regulation to have the Board's advance approval. Officially approved regulations will be included as part of the appropriate Board policy. Adoption Date: 2/19/2014
Uinta County School District #6 BGE
POLICY DISSEMINATION The Superintendent shall establish and maintain an orderly plan for preserving and making accessible the policies adopted by the Board and the regulations needed to put them into effect. The Board Policy Manual shall be made available electronically through the official District Web Site (www.uinta6.k12.wy.us). A hard copy of the District manual will be available at the District Office. The hard copy of the District Policy manual located at the District Office shall be the official Policy Manual. If there is a discrepancy or conflict between the hard copy and electronic version of the Policy Manual, the hard copy shall prevail. The Board Policy Manual shall be considered a public record and shall be open for inspection in the administrative office. Adoption Date: 2/19/2014
Uinta County School District #6 BGG
ADMINISTRATION IN THE ABSENCE OF POLICY In instances when action must be taken within the school district where the Board has provided no district-wide policy guides for administrative action, or when an exception to policy may be appropriate, the superintendent shall have the power to act. It shall be the duty of the Superintendent to inform the Board promptly of such action and the need for a policy at the next regular Board meeting. Adoption Date: 2/19/2014
Uinta County School District #6 BH
BOARD-STAFF COMMUNICATION The Board desires to maintain open channels of communication between itself and the staff. In the interest of efficiency and good administration, however, the basic line of communication between the Board and its employees, including principals, teachers, and support staff, will be through the superintendent. Adoption Date: 2/19/2014
Uinta County School District #6 EAAB-R
Activity and Field Trip Procedures
It must be understood that the Driver will have final say on bus safety matters. The coach or advisor must work with them, and not in any way pressure them to drive at times or in weather that the driver feels is unsafe.
1. The Bus and Driver
A) All students going on a school sponsored field trip or activity must be transported in “school buses” that are arranged with transportation by the school principal or the Activity Office. Buses must meet the minimum standards as defined in the RULES FOR MINIMUM STANDARDS FOR SCHOOL BUSES. A student may be excused from using school transportation only upon written request, and signature on the District approved Parent Consent form, of the parents and with the approval of the supervisor in charge. (See Policy EEADB) B) Activities or field trips that are scheduled to arrive back in Lyman from their planned destination after 1:00 AM should plan on spending the night. Buses should be shut-down by 1:30 AM. C) Each driver must abide by the current Wyoming Department of Transportation hours of service. Those include a maximum driving time of 10 hours, and on duty time of 15 hours. This also includes the minimum of an eight (8) hour lay over from the time the bus is put away at night until the beginning of the pre-trip the next day. D) Buses may not travel on roads that call for no unnecessary travel, or have the chain law two (2) in effect. An alternate route may be considered if safe travel will allow. The safety of students and staff should prevail over convenience and schedules. E) If a district bus is located at an event, the bus shall be locked at all times unless the driver is physically on the bus. The bus driver is not required to be at the location of the event at all times. If the bus driver is not at the location of the event, the bus driver shall provide adequate means for the coach/sponsor involved in the event to contact the bus driver. A driver shall not go out to the bus for a student unless at least one additional student, or advisor, is able to go with him or her. F) On overnight trips each driver shall have his or her own hotel room, with no one other than his or her spouse or his or her own children allowed to stay with them. This will allow for the maximum rest and provide a safer trip for the students. G) As a general rule all buses traveling to, or home from, any one particular activity or destination shall travel together.
H) For safety purposes it is recommended that buses not travel more than 2 ½ hours without stopping for a break.
2. The Advisor and students A) At least one advisor or coach must be on the bus for the duration of each trip. B) For safety purposes students shall not lay in the back window, on the floor or in the book racks of the bus. Since the driver cannot always see if this is happening the coach or advisor must assist them in making sure that this is not happening. C) For safety purposes students shall not walk on the seat cushions, or crawl on the top of the seats. D) In keeping with Chapter 20 of the “RULES FOR THE PUPIL TRANSPORTATION COMPONENT WITHIN THE EDUCATION RESOURCE BLOCK GRANT MODEL” any hard items (band instruments, golf clubs, drama props, coolers, suite cases, etc.) must be stored in the bottom luggage compartment unless they “can be secured at the mounting location to withstand a pulling force of five (5) times the weight of the item (Section 10:j)”. If necessary an additional bus or vehicle may be used to take larger items. It is the responsibility of the advisor or coach to contact the transportation department, in advance of the trip, if any unusually large items or many items need to be taken to ensure that enough storage is available. E) The coach or advisor is responsible for student conduct, and is expected to maintain order while on the bus. If students want to, or are required to stay on the bus during an activity, a coach or advisor must be present with them. Drivers shall not be expected to remain on the bus with students. F) Parent consent forms will be available from the coach or advisor of an activity. These forms must be filled out by the parent or legal guardian of a student before the student will be released to travel with the parent. Generally, coaches or advisors shall not allow students to be released to anyone other than the students’ parent or legal guardian. Any exceptions must have prior approval from the coach and the Athletic Director or building principal.
Any exceptions to any of the above rules must be approved on a case-by-case basis by the Transportation Supervisor, Athletic Director or the Superintendent. Adoption Date: 1/15/2013
Uinta County School District #6 JLJ-R SECLUSION AND RESTRAINT IN SCHOOLS
I. Definitions.
All definitions used in this policy shall be consistent with the definitions in the Rules. For the purpose of clarity, the following definitions are restated:
A. Emergency means a situation constituting an imminent risk to health or
safety.
B. Imminent Risk means an immediate and impending threat of a person causing substantial physical injury to self or others.
C. Prohibited Practices means that certain activities or objects are
prohibited from being utilized with students under any circumstances. Prohibited elements include:
1. Aversives means an intervention that is intended to induce pain or
discomfort to a student for the purpose of eliminating or reducing maladaptive behaviors.
2. Locked Seclusion means a seclusion room with a locking device
that is engaged by leverage of an inanimate object, key, or other mechanism to keep the door closed without constant human contact. The term does not include a securing mechanism requiring constant human contact, which upon release immediately permits the door to be opened from the inside.
3. Mechanical Restraints include devices or equipment designed or
utilized to restrict the free movement of all or a portion of a student’s body. The term does not include assistive or protective devices or equipment prescribed by an appropriately trained professional or professional team that are used for the specific and approved purposes for which such devices or equipment were designed and prescribed.
4. Prone Restraints include holding a student in a face down position
or in any position that will:
a) obstruct a student’s airway or otherwise impair the ability to breath;
b) obstruct a staff member’s view of a student’s face;
c) restrict a student’s ability to communicate distress;
d) place pressure on a student’s head, neck, or torso; or
e) straddle a student’s torso.
D. Restraint means the use of physical force, with or without the use of any device or material, to restrict the free movement of all or a portion of a student’s body. Restraint does not include comforting or calming a student, holding the hand or arm of a student to escort the student if the student is complying, intervening in a fight or using an assistive or protective device prescribed by an appropriately trained professional or professional team. The term does not encompass any of the prohibited practices described in this rule.
E. Seclusion means removing a student from a classroom or other school
activity and isolating the student in a separate area. Seclusion occurs when a student is placed in a room or location by school personnel; purposefully separated from peers, and prevented from leaving that location. Separation in an area where the student is prevented from leaving is always considered seclusion. There are two distinct categories: I) Seclusion from the Learning Environment, or ii) Isolation Room. The term does not include a student-requested break or in-school suspension, detention or other appropriate disciplinary measure. Seclusion does not include time out, which means providing the student with a brief opportunity to regain self-control in a setting that does not physically remove the student from peers or the learning environment, and the student is not physically prevented from leaving the time out area. The use of time out is not regulated by this policy.
1. Seclusion from the Learning Environment means visually or
auditorily isolating the student from the classroom or other school activity, away from peers in an area that obstructs the student’s ability to participate in regular classroom or school activities. The student is prevented from rejoining the learning environment or school activity until directed by staff.
2. Isolation Room means purposefully placing the student in an
enclosed room built in compliance with all relevant health and safety codes and in compliance with Wyoming Department of Education Physical Space Requirements for Isolation Rooms. The student is not released from the Isolation Room and permitted to rejoin the learning environment or school activity until directed by staff. An Isolation Room is not the same as locked seclusion, which is a prohibited practice.
II. Staff Training.
A. The district adopts the Mandt System evidence-based model for the purpose of training and safe implementation of seclusion and restraint.
B. A core group of classified and non-classified staff shall be certified
consistent with the Mandt System for the safe and appropriate use of physical restraint. This core group of staff shall be recertified according to Mandt System standards.
1. The initial training for each staff member shall be completed in
accordance with the model program.
2. The ongoing training shall be completed in accordance with the model program.
C. All staff shall receive training in the prevention of physical restraint and
seclusion including skills training related to positive behavior supports, safe physical escort, conflict prevention, de-escalation, and conflict management. Professional development in this area will be ongoing.
D. In addition to the ongoing training for all staff referred to above, all staff
shall also annually receive information regarding the implementation of this policy, including information regarding the staff members assigned as core group of staff in paragraph B.
III. Seclusion and Restraint Procedures.
A. Restraint.
1. Non-emergency situations: only trained, certified staff pursuant to paragraph III.C above shall be permitted to utilize restraint as part of a planned behavior intervention.
2. Emergency situations: Any staff member may intervene for purpose
of restoring safety in a bona fide emergency situation constituting an imminent risk to the health or safety of students, staff or others.
3. Durational guidelines: The following durational guidelines are to be
followed when implementing a restraint:
a) the minimum amount of time necessary to de-escalate the conduct necessitating the restraint will always be used.
b) The duration of the initial restraint and any additional
restraint needed thereafter to de-escalate the situation shall be that recommended by the evidence-based model referenced in II(A) above.
4. Administrative review: In the event that implementation of the
restraint exceeds the durational guidelines specified above, an administrator or administrative designee shall immediately be contacted and review the following elements to determine if and under what conditions the restraint may continue:
a) the reason for the restraint, including the likely harm to the
student or others;
b) the type of restraint being used;
c) the factors, if known, which precipitated the conduct necessitating restraint;
d) other options available to eliminate the risk of harm or safety
to student or others;
e) the likelihood that continued restraint will prevent harm to the student ore others.
5. Debriefing: After restraint has been implemented, the following
debriefing procedures will be utilized:
a) A conference will be held involving all staff present and/or involved with the restraint, as well as the responsible administrator. The debriefing will include:
1) a discussion of the factors that precipitated the
conduct necessitating the restraint;
2) a review of all interventions and de-escalation techniques, procedures or efforts utilized in advance of the restraint;
3) a review of the behavior plan or other plan, if one
exists, for dealing with the behaviors of the student;
4) a review of training received by staff involved with the restraint procedure and a determination of whether such restraint was done in compliance with this policy;
5) a discussion of changes that could be made or
implemented that might assist in preventing the student conduct or eliminating the need for restraint.
6. Documentation: The completion of an incident report as referenced below is required for each restraint.
B. Seclusion
1. There are two regulated seclusion categories: Seclusion from the Learning Environment, or Isolation Room.
2. The use of a locked seclusion room is prohibited in all school
facilities. 3. The use of an Isolation Room will be limited to locations specifically
built and/or modified for that purpose, meeting all relevant health and safety codes and the Wyoming Department of Education Physical Space Requirements for Isolation Rooms.
4. School staff must be able to see and hear the student in seclusion
at all times.
5. Students placed in seclusion must be permitted access to normal meals and personal hygiene opportunities. Meals and bathroom breaks may be separate and supervised if needed to ensure safety.
6. Seclusion from the Learning Environment: The following
requirements apply:
a) Durational guidelines: These durational guidelines are to be followed when implementing a Seclusion from the Learning Environment. Seclusion should not be used any longer than necessary to allow a student to regain control of his/her behavior. Initial Seclusion from the Learning Environment and any additional exclusion shall be in accordance with the training and recommended durational guidelines from the evidence-based model referenced in II(A) above.
b) Use of a debriefing procedure and an incident report
following the implementation of Seclusion from the Learning Environment is not required.
7. Isolation Room: The following requirements apply:
a) Durational guidelines: These durational guidelines are to be
followed when implementing a Seclusion from the Learning Environment. Seclusion should not be used any longer than necessary to allow a student to regain control of his/her behavior. Initial Seclusion from the Learning Environment
and any additional exclusion shall be in accordance with the training and recommended durational guidelines from the evidence-based model referenced in II(A) above.
b) Debriefing: After a removal to an Isolation Room has been
required, the following debriefing procedures will be utilized:
(i) A conference will be held involving all staff present and/or involved with the Isolation Room, as well as the responsible administrator. The debriefing will include: (A) a discussion of the factors that precipitated the
conduct necessitating the Isolation Room;
(B) a review of all interventions and de-escalation techniques, procedures or efforts utilized in advance of the Isolation Room;
(C) a review of the behavior plan or other plan, if
one exists, for dealing with the behaviors of the student;
(D) a review of training received by staff involved
with the Isolation Room procedure and a determination of whether such Isolation Room was used in compliance with this policy;
(E) a discussion of changes that could be made or
implemented that might assist in preventing the student conduct or eliminating the need for the Isolation Room.
c) Administrative review: In the event that implementation of
the Isolation Room exceeds the durational guidelines specified above, an administrator or administrative designee shall immediately be contacted and shall review the following elements to determine if and under what conditions the Isolation Room may continue:
(1) the reason for the restraint, including the likely
harm to the student or others;
(2) the type of restraint being used;
(3) the factors, if known, which precipitated the conduct necessitating restraint;
(4) other options available to eliminate the risk of
harm or safety to student or others;
(5) the likelihood that continued restraint will prevent harm to the student ore others.
8. The use of appropriate disciplinary measures involving such things
as after-school detentions or in-school suspensions and/or other disciplinary measures is not regulated by this policy and may continue in accordance with the approved district policies and procedures relating to such disciplinary measures.
C. Documentation. The completion of an incident report is required for each
use of an Isolation Room as referenced below.
D. Incident Report. For each incident involving a need to implement a restraint or remove a student to an Isolation Room, a Physical Restraint Incident Report or Isolation Room Incident Report will be filled out. The Physical Restraint Incident Report is attached as Exhibit JLJ-E(1) and the Isolation Room Incident Report is attached as Exhibit JLJ-E(2).
E. Parent Notification. Parents shall be notified of each use of regulated
seclusion or restraint procedure according to the following schedule:
1. An attempt shall be made to contact the parent by phone as soon as reasonably possible after the event.
2. Written notification of the regulated procedure should be sent to the
parent within twenty-four (24) hours of the regulated procedure unless the parent and school have agreed to an alternative time frame.
IV. Enforcement Procedures
A. Complaint Process: The following process for the receipt of complaints from any individual or entity regarding the use of restraint or seclusion shall be utilized:
1. Parent shall be directed to provide written notice of their complaint,
specifically including the following:
a) the conduct complained of; b) a statement as to whether or not they felt the conduct
violates this seclusion and restraint policy and, if so, how;
c) a statement of other options or alternatives that the complainant believes should have been utilized in lieu of the restraint or seclusion procedure used; and
d) a statement as to the remedial action being requested.
2. Subsequent to receipt of the written complaint, the investigation process shall be initiated. The investigation process shall include the following requirements:
a) the responsibility of administrator (principal or special
education director) or his/her administrator designee shall immediately conduct an investigation, including meeting with the complainant and with all staff involved separately, interview witnesses, gather information regarding the event being complained of. The administrator in his/her discretion may elect to have a meeting involving the complainant and the staff who are being complained about, after which the administrator shall make a written determination as to the complaint with a finding as to whether or not the seclusion and restraint policy was complied with, as well as recommendations for any subsequent action or changes involving the student impacted by the restraint or seclusion, as well as any remedial actions applicable to the staff involved. A copy of the decision shall be provided to both the complainant and the staff being complained about.
3. In the event the complainant is not satisfied with the decision of the
responsible administrator, the complainant may appeal that determination to the superintendent of schools who, in his/her sole discretion, may elect to conduct an additional investigation or, alternatively, review the information provided by the complainant, the staff complained about, and the investigating administrator and either affirm, reverse or modify the decision. The determination of the superintendent shall be submitted in writing to the complainant, the staff complained about, and the original investigating administrator.
4. In the event the complainant is not satisfied with the decision of the
superintendent, the complainant may appeal the decision to the board of trustees. The board of trustees shall review all information submitted to and reviewed by the original administrator and the reviewing superintendent. The board in its sole discretion may elect to receive verbal communication from the complainant, the staff complained about, or the building administrator. Should the board elect to receive input from the original investigating administrator or the superintendent, the board shall extend an
equal opportunity to the complainant to present information. In the event the board elects to receive verbal information, such information shall be informally presented to the board. No formal contested case hearing will be initiated.
5. The board will, at the next regular board meeting following the first meeting at which the information is presented to the board, render a decision upon the complaint, which decision shall thereafter be submitted in writing to the complainant, the superintendent, the original investigating administrator, and the staff member(s) being complained about.
V. Publication of Policy
This policy shall be adopted in the regular course of policy adoption by the board and included with other policies within the district and maintained in the official policies of the district. All students and parents shall be given notice that the district has a seclusion and restraint policy and advised as to where such policy may be reviewed. District policies and regulations published on an official school website shall include a complete copy of this seclusion and restraint policy and parents and students shall be notified as to how that website may be accessed or, alternatively, that the policy may be reviewed at the administration office of the district. Notification of the existence of this policy and where it may be reviewed shall be included in all student handbooks. In addition thereto, to the extent a behavioral intervention plan, IEP or other behavioral document applicable to any student incorporates the possibility of utilizing a restraint or seclusion procedure, the student and parent shall be given a copy of this policy for review.
Adopted: 11/13/13
Uinta County School District #6 JLJ
SECLUSION AND RESTRAINT IN SCHOOLS
General Statement of Policy.
It is the policy of Uinta County School District No. 6 to regulate the use of seclusion and restraint with students pursuant to W.S. 21-2-202(a)(xxxii), W.S. 21-3-110(a)(xxxi), and Chapter 42 of the Wyoming Department of Education rules (hereinafter Rules). This policy and the regulation that accompanies it shall govern all regulated use of seclusion and restraint.
Adopted: 11/13/13
Code: JLJ-R
Code: JLJ-E(1) PHYSICAL RESTRAINT INCIDENT REPORT
Student Name:
Grade: School:
Incident Description Date Incident Occurred: Time restraint began:
□ A.M. □ P.M. Time restraint ended: □ A.M. □ P.M.
Location of incident: □ Classroom □ Hall □ Cafeteria □ Playground □ Other: ______________________
Behavior(s) that lead to restraint:
Behavior(s) directed at: □ Staff □ Peers □ Self □ Other: _____________________
Thorough description of efforts made to deescalate and alternatives to physical restraint that were attempted: (include positive behavior interventions used)
Student’s behavior during restraint: Student’s behavior after restraint:
Description of any injury to student and/or staff and any medical or first aid care provided (as per district policy, if injury occurred, complete Injury/Incident Report in addition to this form.):
Follow Up (check all that apply): □ Determination by staff member that student was no longer a risk to himself or others □ Intervention by administrator(s) to facilitate de-escalation □ Law enforcement personnel arrived □ Staff sought medical assistance □ Other (describe):
Post physical restraint physical condition (if any): Staff Administering/Observing Restraint Name Position Parent Notification Contact Method Name of parent(s) contacted: Phone #: Date and time of contact: □ A.M. □ P.M.
� Written � Verbal � Both
This report has been prepared by: ___________________________________ _____________________________ __________________ (Name) (Position) (Date)
Code: JLJ-E(2) ISOLATION ROOM INCIDENT REPORT
Isolation Room means purposefully placing the student in an enclosed room built in compliance with all relevant health and safety codes. The student is not released from the Isolation Room and permitted to rejoin the learning environment or school activity until directed by staff. An Isolation Room is not the same as locked seclusion, which is a prohibited practice.
. Student Name: Grade: School:
This incident report has been prepared by: ________________________________ _____________________________ ___________________________ (Name) (Position) (Date)
Incident Description Date Incident Occurred: Time seclusion began:
□ A.M. □ P.M. Time seclusion ended: □ A.M. □ P.M.
Location of incident: □ Classroom □ Hall □ Cafeteria □ Playground □ Other: _______________________
Behavior(s) that lead to seclusion:
Behavior(s) directed at: □ Staff □ Peers □ Other: ______________________
Thorough description of efforts made to deescalate and alternatives to seclusion that were attempted: (include use of positive behavior interventions) Student’s behavior during seclusion: Student’s behavior after seclusion:
Location of seclusion area: Seclusion room meets the following criteria: □ Allow staff full view of the student in all areas of the room □ Free of potentially hazardous conditions such as unprotected light fixtures and electrical outlets
Follow Up: □ Determination by staff member that student no longer required seclusion □ Intervention by administrator(s) to facilitate de-escalation □ Other (describe):
Staff member(s) responsible for continuous monitoring of student’s status during seclusion: Staff Administering/Observing Time Out: Name Position
Parent Notification Contact Method Name of parent(s) contacted: Phone #: Date and time of contact: □ A.M. □ P.M.
□ Written □ Verbal □ Both
Contacted by the following staff member (include name and position):
Mission: Uinta County School District #6 is committed to maximum accomplishment through learning, flexibility, and acceptance. Adoption Date: 1/15/2013
Vision: People achieve their highest potential fostered by an inviting environment. Adoption Date: 1/15/2013
