BOZEMAN PUBLIC SCHOOLS
5000 SERIES
HUMAN RESOURCES
TABLE OF CONTENTS
R 5002 Accommodating Individuals with Disabilities and Section 504 of the Rehabilitation
Act of 1973
5010-5010P Equal Employment Opportunity and Non-Discrimination
R 5012-5012P Sexual Harassment/Sexual Intimidation in the Workplace
5012F Sexual Harassment Reporting/Intake Form for Employees
5015 Bullying/Harassment/Intimidation
5015F Harassment Reporting/Intake Form for Employees
5121 Applicability of Personnel Policies
5122-5122P Fingerprints and Criminal Background Investigations
5122F Applicant Rights and Consent to Fingerprint
5125 Whistleblowing and Retaliation
5130-5130P Medical Examinations
5140 Employee Contracts
5210-5210P Assignments, Reassignments, Transfers
5213 Vacancies
5215-5215P Temporary Remote Work
5215F Temporary Remote Work Agreement
5220 Prohibition on Aiding Sexual Abuse
5221 Work Day
5222 Evaluation of Non-Administrative Staff
5223 Personal Conduct
5224-5224P Political Activity - Staff Participation
5226 Drug-Free Workplace
5230 Prevention of Disease Transmission
5232-5232P Abused and Neglected Child Reporting
5232F Report of Suspected Child Abuse or Neglect
5250 Termination or Non-Renewal of Employment/Dismissal from Employment
5251 Resignations
5253-5253P Retirement Programs for Employees
5254 Payment of Employer Contributions and Interest on Previous Service
5254F Employer Payment Policy
5255 Disciplinary Action
5256 Reduction in Force
5257-5257P Employee Assistance Program
5310-5310P Compensation and Pay Plans
5312 Military Credit
5315-5315P Pay Plan – Temporary Employees
5322 Military Leave
R 5325 Breastfeeding in the School and Workplace
5327-5327P Leaves of Absence (Discretionary)
R 5328-5328P Family Medical Leave
5329-5329P Long-Term Illness/Temporary Disability Leave
5330 Maternity and Paternity Leave
5331 Insurance Benefits for Employees
5333 Holidays
5336 Fair Labor Standards Act
5337 Workers Compensation Benefits
5338 Payment of Interest on Employer Contributions for Workers’ Compensation Time
5340-5340P Certified Staff Professional Development
5342 Incentive Award System
5343-5343P Interviewing/Moving Expenses
5420 Paraprofessionals
5420F ESSA Qualification Notifications
5430F Volunteer Agreement Form
5430F1 Volunteer/Chaperone/University Observer Guidelines and Disclosure
5430F2 Chaperone Guidelines Form
5440-5440P Student Teachers/Interns
5450-5450P Employee Use of Electronic Mail, Internet, Networks, and District Equipment
5450F1 Employee Equipment Use, Internet Conduct, and Network Access Agreement
5450F2 Affiliate Telecommunication Responsible Use Agreement
5450F3 THRIVE Parent Liaison PowerSchool Release Form
5450F4 Substitute Teacher Telecommunication Responsible Use Agreement and
Information Release
5460-5460P Electronic Resources and Social Networking
5460F Parent Notification Form for Third Party Technology Resources
5500 Payment of Wages Upon Termination
5510F Request for Protected Health Information
5630 Employee Use of Mobile Devices
Professional Educators of Montana Code of Ethics
Bozeman Public Schools R
HUMAN RESOURCES
Policy 5002
Accommodating Individuals With Disabilities and Section 504 of the Rehabilitation Act of 1973
It is the intent of the District to ensure that qualified employees with disabilities under Section 504 of the Rehabilitation Act of 1973 are identified, evaluated, and provided with appropriate accommodations or other positive actions in assistance.
The District will not discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, or other terms, conditions, and privileges of employment.
The Superintendent is designated the Section 504 and Americans with Disabilities Act Title II Coordinator and, in that capacity, is directed to:
The District’s procedure for resolution of complaints alleging violation of this policy is set forth in Policy 1700.
Cross Reference: 1700 Uniform Complaint Procedure
Legal Reference: Americans with Disabilities Act, 42 U.S.C. §§ 12111, et seq., and 12131, et seq.; 28 C.F.R. Part 35.
Policy History:
Adopted on: 1/25/2021
Revised on:
Bozeman Public Schools R
HUMAN RESOURCES
Policy 5010
Equal Employment Opportunity and Non-Discrimination
The District will provide equal employment opportunities to all persons, regardless of their race, color, religion, creed, national origin, genetic information, sex, age, ancestry, marital status, military status, citizenship status, use of lawful products while not at work physical or mental disability. The District will make reasonable accommodation for an individual with a disability known to the District, if the individual is otherwise qualified for the position, unless the accommodation would impose undue hardship on the District.
Inquiries regarding sexual harassment, sex discrimination, or sexual intimidation should be directed to the District Title IX Coordinator, to the Assistant Secretary for Civil Rights of the Department of Education, or both. The Board designates the following individual to serve as the District’s Title IX Coordinator:
Title: Director of Human Resources
Office address: 404 W. Main Street, Bozeman, MT 59715
Email: titleIX@bsd7.org
Phone number: (406) 522-6007
Inquiries regarding discrimination on the basis of disability or requests for accommodation should be directed to the District Section 504 Coordinator. The Board designates the following individual to serve as the District’s Section 504 Coordinator:
Title: Director of Special Education and Student Health
Office address:404 W. Main Street, Bozeman, MT 59715
Email: 504coord@bsd7.org
Phone number: (406) 522-6075
Any individual may file a complaint alleging violation of this policy, Policy 5012/512P – Sexual Harassment, or Policy 5015-Bullying/Harassment/Intimidation/Hazing by following those policies or Policy 1700-Uniform Complaint Procedure.
The District, in compliance with federal regulations, will notify annually all students, parents, staff, and community members of this policy and the designated coordinator to receive inquiries. This annual notification will include the name and location of the coordinator and will be included in all handbooks.
The District will not tolerate hostile or abusive treatment, derogatory remarks, or acts of violence against students, staff, or volunteers with disabilities. The District will consider such behavior as constituting discrimination on the basis of disability, in violation of state and federal law.
All complaints about behavior that may violate this policy shall be promptly investigated.
Retaliation against an employee who has filed a discrimination complaint, testified, or participated in any manner in a discrimination investigation or proceeding is prohibited.
Legal Reference: Age Discrimination in Employment Act, 29 U.S.C. §§ 621, et seq.
Americans with Disabilities Act, Title I, 42 U.S.C. §§ 12111, et seq.
Equal Pay Act, 29 U.S.C. § 206(d)
Immigration Reform and Control Act, 8 U.S.C. §§ 1324(a), et seq.
Rehabilitation Act of 1973, 29 U.S.C. §§ 791, et seq.
Genetic Information Nondiscrimination Act of 2008 (GINA)
Title VII of the Civil Rights Act, 42 U.S.C. §§ 2000(e), et seq.; 29 C.F.R.,
Part 1601
Title IX of the Education Amendments, 20 U.S.C. §§ 1681, et seq.; 34
C.F.R., Part 106
Montana Constitution, Art. X, § 1 - Educational goals and duties
§ 49-2-101, et seq, MCA Human Rights Act
§ 49-2-303, MCA Discrimination in Employment
§ 49-3-102, MCA What local governmental units affected
§49-3-201, MCA Employment of state and local government personnel
Policy History:
Adopted on: 12/08/1986
Revised on: 4/12/1993, 2/10/2003, 11/12/2007, 1/25/2021
Bozeman Public Schools
HUMAN RESOURCES
Policy 5010P
Equal Employment Opportunity and Non-Discrimination
In an effort to provide an objective and effective internal means to investigating complaints, the following grievance procedure is provided. This procedure does not deny the right of the complainant to file formal complaints with other state or federal agencies or to seek private counsel for complaints alleging discrimination.
Grievance Procedure for Complaints of Unequal Employment Opportunity
Level 1: Principal or Immediate Supervisor
(Informal and optional -- may be bypassed by the complainant)
An applicant or employee with a complaint is first encouraged to discuss it informally with the appropriate principal or supervisor with the objective of resolving the matter promptly and informally.
The District designated Title IX/Section 504 Coordinator may be requested to assist with resolution of the concern if applicable.
Level 2: Director of Human Resources, Bozeman Public Schools
If the grievance is not resolved at Level 1 and the Complainant wishes to pursue the grievance, he/she may formally file a grievance in writing. The grievance shall state: 1) the nature of the grievance; 2) the remedy requested; and 3) be signed by the Complainant. The filing of written grievance at Level 2 must be to the Director of Human Resources within sixty (60) working days of the event giving rise to the grievance or from the date Complainant could reasonably become aware of such occurrence.
The Director of Human Resources shall investigate and attempt to resolve the grievance. A written report regarding the decision and/or action of the Director of Human Resources will be sent to all concerned parties and to the Superintendent within ten (10) working days after receipt of the written grievance.
If a conflict of interest occurs with regard to the Director of Human Resources, the compliance officer (Superintendent) will appoint another person to hear and determine the grievance at Level 2.
The Director of Human Resources may call upon the others to serve in a resource capacity at any stage of Level 2.
Level 3: Superintendent
If the grievance is not resolved at Level 2, the Complainant may appeal it to Level 3 by presenting a written appeal to the Superintendent within five (5) working days of receiving the report from the Director of Human Resources. The Complainant may request a meeting with the Superintendent.
If a meeting is requested, the meeting shall be held within ten (10) working days after receipt of the written appeal. A written report regarding the decision and/or action of the Superintendent will be sent to all parties within fifteen (15) working days after receipt of the written appeal to the Superintendent.
Level 4: The Board of Trustees
If the grievance is not resolved at Level 3, the Complainant may appeal the decision by filing a written appeal within ten (10) working days after receipt of the decision from Level 3, with the chairperson of the Board of Trustees. The Board of Trustees shall consider the appeal at its next regularly scheduled Board meeting following receipt of the response unless both parties stipulate to an extension.
The Board of Trustees shall conduct a hearing and shall provide the complainant with its written decision in the matter as expeditiously as possible following completion of the hearing.
Level 5: Rules of Controversy
Either party may appeal the decision of the Board of Trustees by filing a Notice of Appeal with the County Superintendent pursuant to Montana law.
Policy History:
Adopted on: 12/08/1986
Revised on: 4/12/1993, 2/10/2003
Bozeman Public Schools R
HUMAN RESOURCES
Policy 5012
Sexual Harassment/Sexual Intimidation in the Workplace
The District does not discriminate on the basis of sex in any education program or activity that it operates. The District is required by Title IX of the Education Amendments of 1972 and the regulations promulgated through the U.S. Department of Education not to discriminate in such a manner. Inquiries about the application of Title IX to the District may be referred to the District’s Title IX Coordinator, to the Assistant Secretary for Civil Rights of the Department of Education, or both.
The Board designates the following individual to serve as the District’s Title IX Coordinator:
Director of Human Resources
Office address: 404 W. Main Street, Bozeman, MT 59715
Email: pat.strauss@bsd7.org
Phone number: (406) 522-6007
Any person may report sex discrimination, including sexual harassment, at any time, including during non-business hours. Such a report may be made using the attached form, in person, by mail, by telephone or by electronic mail, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report.
For purposes of this policy and the grievance process, “sexual harassment” means conduct on the basis of sex that satisfies one or more of the following:
1. A District employee conditioning the provision of an aid, benefit, or service of the District on an individual’s participation in unwelcome sexual conduct;
2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive and objectively offensive that it effectively denies a person equal access to the District’s education program or activity; or
3. “Sexual assault” as defined in 20 USC 1092(f)(6)(A)(v), “dating violence” as defined in 34 USC 12291(a)(10), “domestic violence” as defined in 34 USC 12291(a)(8) or “stalking” as defined in 34 USC 12291(a)(30).
When the harassment or discrimination on the basis of sex does not meet the definition of sexual harassment, the Title IX Coordinator shall direct the individual to the applicable sex discrimination process for investigation.
An individual is not required to submit a report of sexual harassment involving the Title IX coordinator. In the event the Title IX Coordinator is responsible for or a witness to the alleged harassment, the individual may report the allegations to the building principal or superintendent or other unbiased school official.
Retaliation Prohibited
The District prohibits intimidation, threats, coercion or discrimination against any individual for the purpose of interfering with any right or privilege secured by Title IX or this policy, or because the individual has made a report or complaint, testified, assisted, or participated or
refused to participate in any manner in an investigation proceeding or hearing, if applicable. Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX or this part, constitutes retaliation.
Confidentiality
The District must keep confidential the identity of any individual who has made a report or complaint of sex discrimination, including any individual who has made a report or filed a formal complaint of sexual harassment, any individual who has been alleged to be the victim or perpetrator of conduct that could constitute sexual harassment, and any witness, except as may be permitted by Family Educational Rights and Privacy Act (FERPA) or as required by law, or to carry out the purposes of the Title IX regulations, including the conduct of any investigation, hearing or judicial proceeding arising thereunder.
Notice Requirements
The District provides notice to applicants for admission and employment, students, parents or legal guardians of elementary and secondary school students, employees and the union(s) with the name or title, office address, email address and telephone number of the Title IX Coordinator and notice of the District grievance procedures and process, including how to report or file a complaint of sex discrimination, how to file a formal complaint of sexual harassment and how the District will respond. The District also posts the Title IX Coordinator’s contact information and Title IX policies and procedures in a prominent location on the District website and in all handbooks made available by the District.
Training Requirements
The District ensures that Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process, receives training on the definition of sexual harassment, the scope of the District’s education program or activity, how to conduct an investigation and grievance process including hearings, appeals and informal resolution processes, when applicable, and how to serve impartially including by avoiding prejudgment of the facts at issue, conflicts of interest and bias. The District also ensures that decision-makers and investigators receive training on issues of relevance of questions and evidence, including when questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant as set forth in the formal procedures that follow, and training on any technology to be used at a live hearing, if applicable. Investigators also receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence. All materials used to train individuals who receive training under this section must not rely on sex stereotypes and must promote impartial investigations and adjudications of formal complaints of sexual harassment and are made publicly available on the District’s website.
Conflict of Interest and Bias
The District ensures that Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process do not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent.
Determination of Responsibility
The individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment is presumed not responsible for alleged conduct. A determination regarding responsibility will be made by the decision-maker at the conclusion of the investigation in accordance with the process outlined in Policy 3225P. No disciplinary sanctions will be imposed unless and until a final determination of responsibility is reached.
Cross Reference: 5010 Equal Employment Opportunity, Non-Discriminatin, and Sex Equity
5012P Sexual Harassment/Sexual Intimidation in the Workplace
Legal References: Art. X, Sec. 1, Montana Constitution – Educational goals and duties
§§ 49-3-101, et seq., MCA Montana Human Rights Act
Civil Rights Act, Title VI; 42 USC 2000d et seq.
Civil Rights Act, Title VII; 42 USC 2000e et seq.
Education Amendments of 1972, Title IX; 20 USC 1681 et seq.
34 CFR Part 106 Nondiscrimination on the basis of sex in education programs or activities receiving Federal financial assistance
10.55.701(1)(f), ARM Board of Trustees
10.55.719, ARM Student Protection Procedures
10.55.801(1)(a), ARM School Climate
Policy History:
Adopted on: 12/08/1986
Revised on: 1/11/1993, 10/22/2007, 9/24/2018, 12/10/2018, 1/25/2021
Bozeman Public Schools R
HUMAN RESOURCES
Procedure 5012P
Sexual Harassment/Sexual Intimidation in the Workplace
The Board requires the following grievance process to be followed for the prompt and equitable resolution of employee complaints alleging any action that would be prohibited as sexual harassment by Title IX. The Board directs the process to be published in accordance with all statutory and regulatory requirements.
Definitions
The following definitions apply for Title IX policies and procedures:
“Actual knowledge:” notice of sexual harassment or allegations of sexual harassment to the District’s Title IX Coordinator or any official of the District who has authority to institute corrective measures on behalf of the District, or to any employee of an elementary or secondary school.
“Education program or activity:” includes locations, events or circumstances over which the District exercised substantial control over both the individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment, and the context in which the sexual harassment occurs.
“Complainant:” an individual who is alleged to be the victim of conduct that could constitute sexual harassment.
“Respondent:” an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.
“Formal complaint:” a document filed by a Complainant or signed by the Title IX Coordinator alleging sexual harassment against a Respondent and requesting that the District investigate the allegation of sexual harassment.
“Supportive measures:” non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available and without fee or charge to the Complainant or Respondent before or after the filing of a formal complaint or where no formal complaint has been filed.
District Requirements
When the District has actual knowledge of sexual harassment in an education program or activity of the District, the District will respond promptly in a manner that is not deliberately indifferent. When the harassment or discrimination on the basis of sex does not meet the definition of sexual harassment, the Title IX Coordinator will direct the individual to the applicable sex discrimination process for investigation.
The District treats individuals who are alleged to be the victim (Complainant) and perpetrator (Respondent) of conduct that could constitute sexual harassment equitably by offering supportive measures. Supportive measures are designed to restore or preserve equal access to the District’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the District’s educational environment, or deter sexual harassment. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, mutual restrictions on contact between the parties, leaves of absence, increased security and monitoring of certain areas of the District’s property, campus escort services, changes in work locations and other similar measures.
The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures. Upon the receipt of a complaint, the Title IX Coordinator must promptly contact the Complainant to discuss the availability of supportive measures, consider the Complainant’s wishes with respect to supportive measures, inform the Complainant of the availability of supportive measures with or without the filing of a formal complaint, and explain to the Complainant the process for filing a formal complaint. If the District does not provide the Complainant with supportive measures, then the District must document the reasons why such a response was not clearly unreasonable in light of the known circumstances.
Timelines
The District has established reasonably prompt time frames for the conclusion of the grievance process, including time frames for filing and resolving appeals and informal resolution processes. The grievance process may be temporarily delayed or extended for good cause. Good causes may include considerations such as the absence of a party, a party’s advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities. In the event the grievance process is temporarily delayed for good cause, the District will provide written notice to the Complainant and the Respondent of the delay or extension and the reasons for the action.
Response to a Formal Complaint
At the time of filing a formal complaint, a Complainant must be participating in or attempting to participate in the education program or activity of the District with which the formal complaint is filed. A formal complaint may be filed with the Title IX Coordinator in person, by mail, by electronic mail, or other means designated by the District.
The District must follow the formal complaint process before the imposition of any disciplinary sanctions or other actions that are not supportive measures. However, nothing in this policy
precludes the District from placing a non-student employee Respondent on administrative leave during the pendency of the grievance process. The District may also remove a student Respondent alleged to have harassed an employee Complainant from the education setting. The student may receive instruction in an offsite capacity during the period of removal. This provision may not be construed to modify any rights under the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act.
Upon receipt of a formal complaint, the District must provide written notice to the known parties including:
If, in the course of an investigation, the District decides to investigate allegations about the Complainant or Respondent that are not included in the notice initially provided, notice of the additional allegations must be provided to known parties.
The District may consolidate formal complaints as to allegations of sexual harassment against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one party against the other party, where the allegations of sexual harassment arise out of the same facts or circumstances.
Investigation of a Formal Complaint
When investigating a formal complaint and throughout the grievance process, the District must:
1. Ensure that the burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rests on the District and not the parties’;
2. Provide an equal opportunity for the parties to present witnesses and evidence;
3. Not restrict either party’s ability to discuss the allegations under investigation or to gather and present relevant evidence;
4. Allow the parties to be accompanied with an advisor of the party’s choice who may be, but is not required to be, an attorney. The District may establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both parties;
5. Provide written notice of the date, time, location, participants, and purpose of any interview or meeting at which a party is expected to participate, with sufficient time for the party to prepare to participate;
6. Provide the parties equal access to review all the evidence collected which is directly related to the allegations raised in a formal complaint and comply with the review periods outlined in this process;
7. Objectively evaluate all relevant evidence without relying on sex stereotypes;
8. Ensure that Title IX Coordinators, investigators, decision-makers and individuals who facilitate an informal resolution process, do not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent;
9. Not make credibility determinations based on the individual’s status as Complainant, Respondent or witness;
10. Not use questions or evidence that constitute or seek disclosure of privileged information unless waived.
Dismissal of Formal Complaints
If the conduct alleged in the formal complaint would not constitute sexual harassment even if proved, did not occur in the District’s education program or activity, or did not occur against a person in the United States, then the District must dismiss the formal complaint with regard to that conduct for purposes of sexual harassment under this policy.
The Title IX Coordinator also may dismiss the formal complaint or any allegations therein at any time during the investigation or hearing, if applicable, when any of the following apply:
1. a Complainant provides written notification to the Title IX Coordinator that the Complainant would like to withdraw the formal complaint or any allegations therein;
2. the Respondent is no longer enrolled or employed by the District; or
3. specific circumstances prevent the District from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.
Upon dismissal, the Title IX Coordinator promptly sends written notice of the dismissal and the reasons for dismissal simultaneously to both parties.
Evidence Review
The District provides both parties an equal opportunity to inspect and review any evidence obtained as part of the investigation so that each party can meaningfully respond to the evidence prior to the conclusion of the investigation. The evidence provided by the District must include evidence that is directly related to the allegations in the formal complaint, evidence upon which the District does not intend to rely in reaching a determination regarding responsibility, and any inculpatory or exculpatory evidence whether obtained from a party or other source. Prior to completion of the investigative report, the Title IX Coordinator must send to each party and the party’s advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy. The parties have 10 calendar days to submit a written response to the Title IX Coordinator, which the investigator will consider prior to completion of the investigative report.
Investigative Report
The investigator must prepare an investigative report that fairly summarizes relevant evidence and send the report to the Title IX Coordinator. The Title IX Coordinator must send to each party and the party’s advisor, if any, the investigative report in an electronic format or a hard copy, for their review and written response. The parties have 10 calendar days to submit a written response to the Title IX Coordinator.
Decision-Maker’s Determination
The investigative report is submitted to the decision-maker. The decision-maker cannot be the same person(s) as the Title IX Coordinator or the investigator. The decision-maker cannot hold a hearing or make a determination regarding responsibility until 10 calendar days from the date the Complainant and Respondent receive the investigator’s report.
Prior to reaching a determination regarding responsibility, the decision-maker must afford each party the opportunity to submit written, relevant questions that a party wants asked of any party or witness, provide each party with the answers, and allow for additional, limited follow-up questions from each party. Questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent. Questions must be submitted to the Title IX Coordinator within three calendar days from the date the Complainant and Respondent receive the investigator’s report.
The decision-maker must issue a written determination regarding responsibility based on a preponderance of the evidence standard. The decision-maker’s written determination must:
1. Identify the allegations potentially constituting sexual harassment;
2. Describe the procedural steps taken, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather evidence, and hearings held;
3. Include the findings of fact supporting the determination;
4. Draw conclusions regarding the application of any District policies and/or code of conduct rules to the facts;
5. Address each allegation and a resolution of the complaint including a determination regarding responsibility, the rationale therefor, any recommended disciplinary sanction(s) imposed on the Respondent, and whether remedies designed to restore or preserve access to the educational program or activity will be provided by the District to the Complainant; and
6. The procedures and permissible bases for the Complainant and/or Respondent to appeal the determination.
A copy of the written determination must be provided to both parties simultaneously, and generally will be provided within 60 calendar days from the District’s receipt of a formal complaint.
The determination regarding responsibility becomes final either on the date that the District provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.
Where a determination of responsibility for sexual harassment has been made against the Respondent, the District will provide remedies to the Complainant that are designed to restore or preserve equal access to the District’s education program or activity. Such remedies may include supportive measures; however, remedies need not be non-disciplinary or non-punitive and need not avoid burdening the Respondent. The Title IX Coordinator is responsible for effective implementation of any remedies. Following any determination of responsibility, the District may implement disciplinary sanctions in accordance with State or Federal law and or/the negotiated agreement. For employees, the sanctions may include any form of responsive discipline, up to and including termination.
Appeals
Either the Complainant or Respondent may appeal the decision-maker’s determination regarding responsibility or a dismissal of a formal complaint, on the following bases:
1. Procedural irregularity that affected the outcome of the matter;
2. New evidence that was not reasonably available at the time that could affect the outcome and
3. The Title IX Coordinator, investigator, or decision-maker had a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent that affected the outcome.
The request to appeal must be made in writing to the Title IX Coordinator within seven calendar days after the date of the written determination. The appeal decision-maker must not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent and cannot be the Title IX Coordinator, the investigator, or the decision-maker from the original determination.
The appeal decision-maker must notify the other party in writing when an appeal is filed and give both parties a reasonable equal opportunity to submit a written statement in support of, or challenging, the outcome. After reviewing the evidence, the appeal decision-maker must issue a written decision describing the result of the appeal and the rationale for the result. The decision must be provided to both parties simultaneously, and generally will be provided within 10 calendar days from the date the appeal is filed.
Informal Resolution Process
Except when concerning allegations that an employee sexually harassed a student, at any time during the formal complaint process and prior to reaching a determination regarding responsibility, the District may facilitate an informal resolution process, such as mediation, that
does not involve a full investigation and determination of responsibility, provided that the District:
2. Obtains the parties’ voluntary, written consent to the informal resolution process.
The informal resolution process generally will be completed within 30 calendar days, unless the parties and the Title IX Coordinator mutually agree to temporarily delay or extend the process. The formal grievance process timelines are stayed during the parties’ participation in the informal resolution process. If the parties do not reach resolution through the informal resolution process, the parties will resume the formal complaint grievance process, including timelines for resolution, at the point they left off.
Recordkeeping
The District must maintain for a period of seven years records of:
1. Each sexual harassment investigation, including any determination regarding responsibility, any disciplinary sanctions imposed on the Respondent, and any remedies provided to the Complainant designed to restore or preserve equal access to the District’s education program or activity;
2. Any appeal and the result therefrom;
3. Any informal resolution and the result therefrom; and
4. All materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process. The District must make these training materials publicly available on its website.
The District must create, and maintain for a period of seven years, records of any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment. In each instance, the District must document the basis for its conclusion that its response was not deliberately indifferent, and document that it has taken measures designed to restore or preserve equal access to the District’s education program or activity.
Cross Reference: 5010 Equal Employment Opportunity and Non-Discrimination
5012 Sexual Harassment/Sexual Intimidation in the Workplace
Legal References: Art. X, Sec. 1, Montana Constitution – Educational goals and duties
Section 49-3-101, et seq., MCA, Montana Human Rights Act
Civil Rights Act, Title VI; 42 USC 2000d et seq.
Civil Rights Act, Title VII; 42 USC 2000e et seq.
Education Amendments of 1972, Title IX; 20 USC 1681 et seq.
34 CFR Part 106 Nondiscrimination on the basis of sex in education programs or activities receiving Federal financial assistance
10.55.701(1)(f), ARM Board of Trustees
10.55.719, ARM Student Protection Procedures
10.55.801(1)(a), ARM School Climate
Policy History:
Adopted on: 1/25/2021
Revised on:
Form 5012F
Sexual Harassment Reporting/Intake Form for Employees
This form is not required. Complaints may be submitted in any manner noted in Policy 5012. The form may be used by the Title IX Coordinator to document allegations.
School ______________________________________________ Date ___________________
Employee’s name _______________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
If so, name the individual(s) and explain their roles. __________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
If so, name the witnesses. ______________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
If yes, what action did you take? _________________________________________________________________
____________________________________________________________________________________________
________________________________________________________________________________________________________________________________________________________________________________________
If so, describe any prior incidents. ________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
Signature of complainant _______________________________________________________________________
Retaliation is prohibited by federal law and district policy. The identity of the individual signing this form will remain confidential in accordance with law and policy.
Bozeman Public Schools
HUMAN RESOURCES
Policy 5015
Bullying/Harassment/Intimidation
The Board will strive to provide a positive and productive working environment. Bullying, harassment, or intimidation between employees or by third parties is strictly prohibited and shall not be tolerated. This includes bullying, harassment, or intimidation via electronic communication devices.
Definitions
Reporting
All complaints about behavior that may violate this policy shall be promptly reviewed by the District to determine:
If the alleged behavior is within the jurisdiction of the District and, if true as alleged, would constitute harassment, intimidation, or bullying, the District will investigate the allegations set forth in the complaint. If the alleged behavior is beyond the jurisdiction of the District and/or would not constitute a violation of this policy even if true as alleged, the District will provide to the complaining party a written explanation of why the District will not take further action on the complaint.
Any employee or third party who has knowledge of conduct in violation of this policy or feels he/she has been a victim of harassment, intimidation, or bullying in violation of this policy is encouraged to immediately report concerns to the building principal or the District Administrator, who has overall responsibility for such investigations. Complaints against the building principal shall be filed with the Superintendent. Complaints against the Superintendent or District Administrator shall be filed with the Board, via written communication to the Board Chair.
The complainant may be provided a summary of the findings of the investigation and, as appropriate, that remedial action has been taken.
Responsibilities
The District Administrator shall be responsible for ensuring that notice of this policy is provided to staff and third parties.
When an employee has actual knowledge of alleged behavior constituting sexual harassment as defined in Policy 5012, the employee must report the alleged behavior to the Title IX Coordinator. The Title IX sexual harassment grievance process will be followed, if applicable, prior to imposing any discipline that cannot be imposed without resolution of the Title IX process.
Consequences
Staff whose behavior is found to be in violation of this policy will be subject to discipline up to and including termination of employment. Third parties whose behavior is found to be in violation of this policy shall be subject to appropriate sanctions as determined and imposed by the District Administrator or the Board. Individuals may also be referred to law enforcement officials.
Retaliation and Reprisal
Retaliation is prohibited against any person who reports or is thought to have reported a violation, files a complaint, or otherwise participates in an investigation or inquiry. Such retaliation shall be considered a serious violation of Board policy, whether or not a complaint is substantiated. False charges shall also be regarded as a serious offense and will result in disciplinary action or other appropriate sanctions.
Legal Reference: 10.55.701 Board of Trustees
10.55.801 School Climate
Cross Reference: 5010 Equal Employment Opportunity and Nondiscrimination
5012 & 5012P Sexual Harassment/Sexual Intimidation in the Workplace
5012F Sexual Harassment Reporting/Intake Form for Employees
Policy History:
Adopted on: 12/08/1986
Revised on: 1/25/2021, 3/09/2026
Form 5015F
Harassment Reporting/Intake Form for Employees
This form is not required. Complaints may be submitted in any manner noted in Policy 5015. The form may be used by the investigator to document allegations.
School ______________________________________________ Date ___________________
Employee’s name _______________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
If so, name the individual(s) and explain their roles. __________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
If so, name the witnesses. ______________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
If yes, what action did you take? _________________________________________________________________
____________________________________________________________________________________________
________________________________________________________________________________________________________________________________________________________________________________________
If so, describe any prior incidents. ________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
Signature of complainant _______________________________________________________________________
Retaliation is prohibited by federal law and district policy.
Policy History:
Adopted on:
Revised on: 1/20/2025
Bozeman Public Schools
HUMAN RESOURCES
Policy 5120
Hiring Procedures
The personnel employed by the District constitute the most important resource for effectively conducting quality education programs which serve the needs and interests of students. Important contributions to a successful education program are made by all staff members.
The goals of the District’s employment policy shall include the following:
The Superintendent is authorized to develop procedures to accomplish these goals. The Superintendent will inform the Board of changes made to this policy’s procedures prior to their implementation.
In the event of a Superintendent vacancy, the Board will devise an appropriate procedure.
Hiring Process and Criteria
The Board and Superintendent/administrator will determine the screening and hiring process upon the existence of each vacancy. The District will hire personnel appropriately licensed and endorsed in accordance with state statutes and Board of Public Education rules, consistent with budget and staffing requirements and will comply with Board policy and state law on equal employment opportunities and veterans’ preference. All applicants must complete a District application form to be considered for employment.
Every applicant must provide the District with written authorization for a fingerprint/criminal background investigation. The Superintendent will keep any conviction record confidential as required by law and District policy. The district will create a determination sheet from the criminal history record. The determination sheet will be kept on file at the District Office. The Criminal History Record will be retained on file at the District Office according to law. Every newly hired employee must complete an Immigration and Naturalization Service form, as required by federal law.
Within three business days of hiring a new employee, the District shall request and maintain a copy of either of the following: (a) the citizenship or work authorization status that has been verified by the United States citizenship and immigration services' E-Verify program; or (b) a completed form I-9 with corresponding documents that establish both identity and employment authorization. The books, records, and payrolls of the District pertinent to the administration of Title 39, Chapter 2, MCA, must be open to inspection by the Montana Department of Labor and Industry on 3 business days' notice for the purpose of ascertaining adherence to the above requirements.
Certification
The District requires contracted certified staff to hold valid Montana teacher or specialist certificates endorsed for the roles and responsibilities for which they are employed. Failure to meet this requirement shall be just cause for termination of employment. No salary warrants may be issued to a staff member, unless a valid certificate for the role to which the teacher has been assigned has been registered with the county superintendent within sixty (60) calendar days after a term of service begins. Every teacher and administrator under contract must bring their current, valid certificate to the Human Resources office at the time of initial employment, as well as at the time of each renewal of certification.
Since the teacher is also required to present their certificate to the County Superintendent, the certificate shall be presented to the Human Resources department after it has been presented to the County Superintendent of Schools.
The Human Resources office shall register all certificates, noting the class and endorsement, and updating the permanent record card as necessary. In addition, the Human Resources office will retain a copy of each contracted certificated employee's valid certificate in the employee's personnel file.
Reference Checks
The Board authorizes the Superintendent or designee to inquire of past employers about an applicant’s employment on topics including but not limited to: title, role, reason for leaving, work ethic, punctuality, demeanor, collegiality, putting the interests of students first, and suitability for the position in the District. Responses to these inquiries should be documented and considered as part of the screening and hiring process.
Cross Reference: 5122 Fingerprints and Criminal Background Investigations
Legal Reference: § 20-4-202, MCA Teacher and specialist certification registration
§ 39-29-102, MCA Point preference or alternative preference in initial hiring for certain applicants – substantially equivalent selection procedure
Policy History:
Adopted on: 12/8/1986
Revised on: 4/12/1993, 11/09/1987, 11/11/1991, 2/22/1999, 12/13/1999, 1/22/2007, 1/25/2021, 7/28/2025
Bozeman Public Schools
HUMAN RESOURCES
5120P
Hiring Procedures
Administrative Vacancies, Other Than Superintendent
Normal Selection Procedure:
Step 1: A vacancy determination is made by the Deputy Superintendent(s) or Superintendent.
Step 2: The job description is updated by the Superintendent or designee. Major changes in scope of responsibilities should be with the knowledge and concurrence of the Board.
Step 3: A search profile based on the job description is developed by the Superintendent or
designee with appropriate staff input. The Superintendent or designee may add items to
the profile based on the specific needs of the position.
Step 4: The Superintendent determines, and the Director of Human Resources initiates appropriate
advertising which may include in-district only, in-state, in-region, and/or nationally except in emergency situations as described in the Emergency Selection Procedure.
Step 5: An advisory committee is appointed by the Superintendent. The advisory committee may include the Deputy Superintendent(s), other central administrators, the Director of Human Resources, building administrators, faculty members, one or more Board members, students and community representatives.
Step 6: The Director of Human Resources, in conjunction with the appropriate supervisor, pre-screens all of the applications and forwards the qualified candidates to the advisory committee, with notations as to the relative qualifications of the candidates.
“Qualified” shall include as a minimum that the candidate must have appropriate Montana license (Ref. Policy #6144) at the time of contracting.
Step 7: The advisory committee uses application screening, interviews, criminal background checks and/or reference checks to select the semifinalists.
Step 8: The advisory committee interviews and conducts other on-site selection activities for the semifinalists.
Step 9: Based upon the recommendations of the advisory committee, the Director of Human Resources normally recommends three unranked finalists to the Superintendent for consideration. In unusual circumstances, this number may vary from two-four with approval of the Superintendent. Each of these finalists shall have been determined as qualified, licensable and eligible for employment.
Step 10: The Superintendent will consult with the Director of Human Resources to determine the need to apply Veterans Preference among the finalists.
Step 11: The Superintendent, generally accompanied by at least one other District representative may visit the community/district of the finalists.
Step 12: The Superintendent may interview the candidates and will recommend one name to the Director of Human Resources so that a criminal background check may be completed. The Superintendent will then recommend that candidate to the Board of Trustees for approval. The Board reserves the
right to reject any candidate and call for new names.
NOTE: In those instances when a District tenured teacher is assigned an administrative position, the first year of the assignment shall be considered a probationary year. In this context, probationary shall mean that the newly assigned administrator’s performance shall be closely monitored by the immediate supervisor and that a specific recommendation by the supervisor and endorsed by the Superintendent must be made to the Board no later than June 1 of the probationary year for removal from probationary status or return to a teaching position. Probationary shall also mean that the newly assigned administrator’s salary shall equal that of a non-probationary administrator under similar circumstances, but be made up of the new administrator’s salary as if he/she were teaching, plus an appropriate stipend. Should the new administrator return to a teaching position, the added stipend for extra duties as an administrator will no longer be paid. (Reference: 20-4-208 MCA)
Emergency Selection Procedure:
In the event that an administrative vacancy exists that must be filled with greater immediacy than the above procedure permits, the Superintendent will recommend a process to the Board, to be used to fill the vacancy for either an interim period or permanently.
Certified and Classified Vacancies
Step 1: Vacancy determinations are made by the Deputy Superintendent(s). A supervisor (principal,
director or supervisor), must be certain of staffing allocation in advance of submitting Request for Vacancy Announcement.
Step 2: The job description is updated by the supervisor as needed and forwarded with the Request for Vacancy Announcement.
Step 3: The Director of Human Resources in consultation with the supervisor determines and initiates appropriate advertising.
Step 4: The supervisor forms and chairs an Advisory Committee including him/herself and one or more staff members. In some instances the supervisor may interview without an Advisory Committee for classified vacancies after consulting with the Director of Human Resources. Some member(s) of the committee should be selected for expertise in the field of the vacancy. At the supervisor’s discretion, parents and/or students may be included. The supervisor or Director of Human Resources will orient all committee members regarding their roles and functions as a committee member.
Step 5: A listing of all applicants is prepared by Human Resources office staff and presented to the supervisor and/or advisory committee, along with original applications.
Step 6: The advisory committee determines those applicants to be interviewed. Prior to setting the interviews, the supervisor and/or Director of Human Resources may conduct screening interviews and preliminary reference checks on applicants.
Step 7: The Director of Human Resources or the supervisor schedules the interviews. The committee then conducts appropriately structured interviews which may include use of a portfolio, a video tape analysis of teaching techniques, analysis of student essays, and analysis of teacher-made tests and other on-site selection activities. The committee discusses applicants and recommends their preferred choices to the supervisor.
Step 8: The supervisor shall personally verify a minimum of three reference checks including, but not limited to the last employer. The Director of Human Resources may assist with reference checks as requested.
Step 9: The supervisor recommends one person for the position with accompanying rationale. That rationale should be sufficiently detailed to support the recommendation and to assist the Director of Human Resources in determining the need to apply Veterans Preference.
Step 10: Director of Human Resources begins the criminal background check on recommended individual.
Step 11: The Director of Human Resources confers with the individual recommended, and, based on this conference and the written rationale, will make a recommendation to the Superintendent after determining the candidate’s certifiability and eligibility for employment. The Director of Human Resources may extend an offer of employment and may authorize the individual to begin work contingent upon final approval by the Board of Trustees and upon the successful completion of the criminal background check.
Step 12: The Superintendent recommends the candidate to the Board of Trustees.
Step 13: The Board of Trustees receives and acts upon the Superintendent’s recommendation as part of the regular Personnel Report at the monthly Board meeting.
In the event that a vacancy exists that must be filled with greater immediacy than the above procedure permits, the Superintendent may authorize that the position be filled by exercising at least steps 1, 5, 8, 9, 10, 11, 12 and 13 if sufficient recent candidates are on file.
A certified temporary appointment shall be made for a limited period of time and shall not exceed one calendar year in duration. Any certified position filled after the commencement of a school year or based on temporary grant funding will be considered temporary, and will be readvertised if the position continues to exist.
All classified positions include a minimum of a six month probationary period. See Policy #5309 “Probation” for further clarification.
All custodians must pass a pre-employment post job offer physical as a condition of final approval for employment.
The Superintendent has the authority to implement an alternative hiring procedure when he/she deems it necessary in the best interests of the District.
Policy History
Adopted on:
Revised on: 11/09/1987, 1/30/1989, 11/11/191, 1/10/1994, 2/22/1999, 12/13/1999, 1/222007, 5/12/2008, 12/01/2009
5120 Attachment A
CONFIDENTIAL
NOTICE OF FEDERAL BACKGROUND CHECK DETERMINATION
TO: BOZEMAN PUBLIC SCHOOLS DATE: ____________
BASED ON THE RESULTS OF THE FEDERAL CRIMINAL HISTORY RECORD INFORMATION (CHRI)
TYPE OF NOTICE • Original Notice • Amended Notice
NAME OF SUBJECT ___________________________________ DOB __________
DETERMINATION: • No disqualifiers present on the CHRI
• Disqualifiers are present on the CHRI
Authorized Designee Printed Name and Phone Number _________________________________
Authorized Designee Signature _____________________________________________________
Bozeman Public Schools
HUMAN RESOURCES
Policy 5121
Applicability of Personnel Policies
Except where expressly provided to the contrary, personnel policies apply uniformly to the employed staff of the District. However, where there is a conflict between terms of a collective bargaining agreement and District policy, the terms of the collective bargaining agreement shall prevail for staff covered by that agreement.
Board policies will govern when a matter is not specifically provided for in an applicable collective bargaining agreement.
Each personnel position in the District will be directed by a position description that delineates the responsibilities of the employee. The employee will receive the position description with the employment contract. Position descriptions are available upon request. The Board of Trustees will regularly review the position descriptions.
Professional Development
If not otherwise addressed in the applicable collective bargaining agreements, the Board shall establish an advisory committee to evaluate the District’s current school year professional development plan; and develop and recommend a plan for the subsequent school year. The advisory committee shall include, but not be limited to, trustees, administrators, and teachers. A majority of the committee shall be teachers. Each school year the Board shall adopt a professional development plan for the subsequent school year based on the recommendation of the advisory committee that meets the requirements of ARM 10.55.714.
Mentorship and Induction
The Board of Trustees authorizes the District Administrator to collaborate with educational staff of the District to implement a mentorship and induction program within each school in the District consistent with the terms of the District’s integrated strategic action plan and 10.55.723 ARM.
Legal Reference: § 39-31-102, MCA Chapter not limit on legislative authority
ARM 10.55.701(d) Board of Trustees
10.55.723 ARM Integrated Strategic Action Plan
Policy History:
Adopted on: 12/8/1986
Revised on: 1/25/2021, 4/25/2022, 6/10/2024
Bozeman Public Schools
HUMAN RESOURCES
Policy 5122
Fingerprints and Criminal Background Investigations
It is the policy and obligation of the District to provide a safe educational environment and protect students from harm while they are under the supervision and control of the District. In furtherance of this policy and obligation, prior to allowing any individual to have any unsupervised contact with students while in school, at a school-sponsored activity, or in transit to a school-sponsored activity, the District shall require that any such individual, regardless of their employment status with the District:
The Trustees, the Superintendent of the District, or another individual designated by the Trustees has reviewed the results of the background check.
Based on the foregoing, the following-described categories of individuals will be required to undergo a fingerprint-based national criminal history background check prior to having any unsupervised contact with students of the District:
Individuals who have not completed a fingerprint-based national criminal history background check or have not provided to the Montana Department of Justice information and material sufficient to obtain a fingerprint-based national criminal history background check that has been reviewed by the Trustees, Superintendent, or designee, may not have unsupervised contact with students.
The definitions set forth in Policy 3665 are applicable to this policy. For rules and requirements specific to work-based learning, see Policy 2600.
The requirement for an applicant for employment with the District or an individual seeking permission to volunteer in the District to submit to a fingerprint background check shall be in compliance with the Volunteers for Children Act of 1998 and applicable federal regulations. If an individual has any prior record of arrest or conviction by any local, state, or federal law enforcement agency for an offense other than a minor traffic violation, the facts must be reviewed by the Superintendent or designee, who shall decide whether the applicant or potential volunteer shall be declared eligible for employment or approval as a volunteer in a manner consistent with the expectations and standards set by the board.
The re-dissemination or transfer of criminal background reports may be done upon the written request or authorization of the applicant in accordance with the accompanying procedures.
Legal Reference: 20-3-323 District Policy and Record of Acts
44-5-301 Dissemination of Public Criminal Justice Information
44-5-302 Dissemination of Criminal History Record Information
That Is Not Public Criminal Justice Information
44-5-303 Dissemination of Confidential Criminal Justice Information
–Procedure for Dissemination Through Court
10.55.716 Substitute Teachers
Public Law 105-251 Volunteers for Children Act
Chapter 716, Laws of 2025 HB745
Cross Reference: 1000 Legal Status, Operation and Organization
1521 Board/Administration Team Operating Principles
5120 & 5120P Hiring Procedures
5120F1 Notice Of Federal Background Check Determination
5430F Volunteer Agreement Form
Policy History:
Adopted: 4/14/2003
Revised: 8/10/2009, 7/28/2025, 3/06/2026
Bozeman Public Schools
HUMAN RESOURCES
Procedure 5122P
In accordance with Board policy, and Criminal Records and Identification Services (CRISS) guidance, the following procedures will be followed:
Fingerprinting
Employees:
All individuals 18 years of age or older to be hired by Bozeman School District need to be fingerprinted to include substitutes, non-staff coaches, and temporary employees, i.e., homebound instructors, Adult Education instructors, etc.
Volunteers fall into the following categories:
Parent Volunteers who shall go through BIB for background checks.
Activity Volunteers (i.e., Speech & Debate or other activity volunteers) will be fingerprint background checked by the Human Resources (HR) department in accordance with our employee fingerprint process.
All individuals that have their background checks processed through Bozeman School District HR department must complete and sign an Authorization to Release Information including The Consent to Fingerprint Background Check form and the Applicant’s Rights and Consent to Fingerprint form or NCPA/VCA Applicants form (whichever may apply).
Fingerprinting Process and Authority
Only HR department staff who have received the CRISS training in Fingerprint Background Checks are eligible to perform background fingerprinting for Bozeman School District.
HR personnel will process applicant’s fingerprints via Livescan and are responsible to ensure all information submitted is correct.
HR staff will perform fingerprinting using guidelines outlined in the CRISS Fingerprint Training.
A spreadsheet of those fingerprinted is kept by the Bozeman School District to identify the individual, position being hired for, date of fingerprint, date print received, and date print billed to coordinate payment of invoices from Department of Justice.
Determination Procedures
Only HR staff trained by CRISS and granted access to criminal history record information will receive the background results through the Bozeman School District Montana State File Transfer account. The primary position to receive reports is the Human Resource Specialist.
Each fingerprint background report will be reviewed for determination of eligibility for employment. Only HR staff with CRISS training/access can view the results of the background report. Any adverse reports will be presented to the Director of HR (CRISS trained) for final approval.
Applicant Procedures for Challenging or Correcting Their Record
All applicants are given the opportunity to challenge or complete their record before a final determination is made. Applicants wishing to challenge their record are given a copy of the fingerprint background report. The applicant has 15 days to provide Bozeman School District #7 with a copy of the corrected background report provided by and notarized by the State Identification Bureau. Any fees associated with obtaining a copy of the state record provided by the State Identification Bureau will be the responsibility of the applicant.
Storage Procedures
The printed background report along with the Authorization to Release Information Including consent to Fingerprint Background Check form and the Applicant’s Rights and Consent to Fingerprint form or NCPA/VCA Applicants form (whichever may apply) will be stored separately in in a secure filing cabinet in the HR vault for employee/volunteer’s length of employment.
Upon termination of employment/volunteer duties, these documents shall then be kept in the personnel file by Bozeman School District HR for 10 years until destruction according to Montana Secretary of State General Records Retention Schedule.
Dissemination Procedure
Dissemination can only be authorized to personnel within an authorized agency and only for the purpose which is consistent with the original request from CHRI. (EX. Other Montana state public schools using the background for the exact same employment purposes).
Destruction Procedure
Criminal history record information is destroyed 10 years from personnel date of termination. Dissemination logs are destroyed 3 years from date of entry.
Training Procedures
Local Agency Security Officer (LASO)
Signed user agreement between agency and CRISS
Privacy and Security Training
CRISS training on CHRI required to receive background reports
Fingerprint Training – DOJ
Provided to Human Resources Staff doing fingerprinting
Legal Reference: Title 37, Chapter 1, Part 2, MCA
20-4-110 MCA
Policy History
Adopted:
Revised: 5/2018, 3/13/2020, 11/22/2024
5122F
Applicant Rights and Consent to Fingerprint
As an applicant who is the subject of a national fingerprint-based criminal history record check for a noncriminal justice purpose (such as an application for employment or a license, an immigration or naturalization matter, security clearance, or adoption), you have certain rights which are discussed below.
You have the right to expect that officials receiving the results of the criminal history record check will use it only for authorized purposes and will not retain or disseminate it in violation of federal statute, regulation or executive order, or rule, procedure or standard established by the National Crime Prevention and Privacy Compact Council.10
If agency policy permits, the officials may provide you with a copy of your FBI criminal history record for review and possible challenge. If agency policy does not permit it to provide you a copy of the record, you may obtain a copy of the record by submitting fingerprints and a fee to the FBI. Information regarding this process may be obtained at http://www.fbi.gov/about-us/cjis/background-checks.
If you decide to challenge the accuracy or completeness of your FBI criminal history record, you should send your challenge to the agency that contributed the questioned information to the FBI. Alternatively, you may send your challenge directly to the FBI at the same address as provided above. The FBI will then forward your challenge to the agency that contributed the questioned information and request the agency to verify or correct the challenged entry. Upon receipt of an official communication from that agency, the FBI will make any necessary changes/corrections to your record in accordance with the information supplied by that agency.
If a change, correction, or update needs to be made to a Montana criminal history record, or if you need additional information or assistance, please contact Montana Criminal Records and Identification Services at dojitsdpublicrecords@mt.gov or 406-444-3625.
Your signature below acknowledges this agency has informed you of your privacy rights for fingerprint-based background check requests used by the agency.
Signed:
_______________________________________________ _________________________
Name Date
8 Written notification includes electronic notification, but excludes oral notification.
9 See 28 CFR 50.12(b).
10 See 5 U.S.C. 552a(b); 28 U.S.C. 534(b); 42 U.S.C. 14616, Article IV(c); 28 CFR 20.21(c), 20.33(d) and 906.2(d).
Bozeman Public Schools
HUMAN RESOURCES
Policy 5125
Whistleblowing and Retaliation
When district employees know or have reasonable cause to believe that serious instances of wrongful conduct (e.g., mismanagement of district resources, violations of law and/or abuse of authority) have occurred, they should report such wrongful conduct to the Superintendent or Board Chairperson.
For purposes of this policy, the term “wrongful conduct” shall be defined to include:
The Board of Trustees will not tolerate any form of reprisal, retaliation or discrimination against:
An employee or applicant for employment who believes that he/she has suffered reprisal, retaliation or discrimination in violation of this policy shall report the incident(s) to the Superintendent or designee. The Board of Trustees guarantees that no employee or applicant for employment who makes such a report will suffer any form of reprisal, retaliation or discrimination for making the report. Individuals are forbidden from preventing or interfering with whistleblowers who make good faith disclosures of misconduct.
The Board or its agents will not discharge, discipline or otherwise penalize any employee because the employee or someone acting on the employee’s behalf, reports, verbally or in writing, a violation or suspected violation of any state or federal law or regulation or any town/city ordinance or regulation to a public body, or because an employee is requested by a public body to participate in an investigation, hearing or inquiry held by that public body, or a court action. Further, the Board or its agents will not discharge, discipline or otherwise penalize any employee because the employee, or a person acting on their behalf, reports, verbally or in writing, to a public body, as defined in the statutes, concerning unethical practices, mismanagement or abuse of authority by the employer. This section does not apply when an employee knowingly makes a false report.
The District will exercise reasonable efforts to:
The Board of Trustees considers violations of this policy to be a major offense that will result in disciplinary action, up to and including termination, against the offender, regardless of the offender’s position within the District.
The Board shall make this policy available to its staff by posting it on its website with its other District policies.
Legal References: Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e-3(a)
Age Discrimination in Employment Act, 29 U.S.C. §623 (d)
Americans with Disabilities Act, 42 U.S.C. §12203(a) and (b)
Fair Labor Standards Act, 29 U.S.C. §215(a)(3)
Occupational Safety and Health Act, 29 U.S.C. §6660(c)
Family and Medical Leave Act, 29 U.S.C. §2615
National Labor Relations Act, 29 U.S.C. §158(a)
Policy History:
Adopted on: 1/25/2021
Revised on:
Bozeman Public Schools
HUMAN RESOURCES
Policy 5130
Staff Health
Medical Examinations
Through its overall safety program and various policies pertaining to school personnel, the Board will promote the safety of employees during working hours and assist them in the maintenance of good health. The Board will encourage all its employees to maintain optimum health through the practice of good health habits.
The Board may require physical examinations of its employees, under circumstances defined below. The District will maintain results of physical examinations in medical files separate from the employee’s personnel file and will release them only as permitted by law.
Physical Examinations
The District participates in a Pre-Placement Physical Program for all custodial and maintenance personnel and other positions deemed inclusive of this policy as determined by specific Board action. Subsequent to a conditional offer of employment in a position for which the District may require participation in a pre-placement physical but before commencement of work, the District may require an applicant to have a medical examination and to meet any other health requirements which may be imposed by the state. The District may condition an offer of employment on the results of such examination, if all employees who received a conditional offer of employment in the applicable job category are subject to such examination. The report shall certify the employee’s ability to perform the job-related functions of the position for which the employee is being considered. Such examination shall be used only to determine whether the applicant is able to perform with reasonable accommodation job-related functions.
All bus drivers, whether full-time, regular part-time, or temporary part-time, are required by state law to have a satisfactory medical examination before employment.
Communicable Diseases
The term “communicable disease” refers to the diseases identified in 37.114.203, ARM, Reportable Diseases, with the exception of common colds and flu.
If a staff member has a communicable disease, the staff member must notify the school nurse or other responsible person designated by the Board of the communicable disease which could be life threatening to an immune-compromised person. The school nurse or other responsible person designated by the Board must determine, after consultation with and on the advice of public health officials, if the immune-compromised person needs appropriate accommodation to protect their health and safety.
An employee with a communicable disease shall not report to work during the period of time in which the employee is infectious. An employee afflicted with a communicable disease capable of being readily transmitted in the school setting (e.g., airborne transmission of tuberculosis) shall be encouraged to report the existence of the illness so that precautions may be taken to protect the health of others. The District reserves the right to require a statement from an employee’s primary care provider, before the employee may return to work.
Confidentiality
In all instances, District personnel will respect an individual’s right to privacy and treat any medical diagnosis as confidential information. Any information obtained regarding the medical condition or history of any employee will be collected and maintained on separate forms and in separate medical files and will be treated as confidential information. Only those individuals with a legitimate need to know will be provided necessary medical information.
Supervisors and managers may be informed of necessary restrictions on the work or duties of an employee and necessary accommodations. First aid and safety personnel may be informed, when appropriate, if a staff member with a disability might require emergency treatment.
Cross Reference: 5002 Accommodating individuals with disabilities and Section 504 of the Rehabilitation Act of 1973
Legal Reference: 29 U.S.C. § 794, et seq. Section 504 of the Rehabilitation Act
42 U.S.C. § 12101, et seq. Americans with Disabilities Act
29 CFR, Part 1630.14(c) Examination of employees
Title 49, Chapter 2, MCA Illegal Discrimination
Title 49, Chapter 4, MCA Rights of Persons With Disabilities
§ 20-10-103(4), MCA School bus driver qualifications
37.111.825, ARM Health Supervision and Maintenance
Policy History:
Adopted on: 12/08/1986
Revised on: 12/14/1987, 1/25/2021
Bozeman Public Schools
HUMAN RESOURCES
Policy 5130P
Medical Examinations
Under Montana Administrative Rule 16.28.1005, any person contracted by the district must receive tuberculin testing before commencing employment.
Each employee must provide verification signed by a medical professional indicating test results. This verification will be placed in the personnel file of each employee. Individuals responding positively to the tuberculin test will be required to arrange for a diagnosis by a physician. If a physician indicates a new employee should not take this test for one of several qualifying reasons, the employee may delay initial verification by submitting authorization from a physician.
All offers of employment are made conditional subject to fulfillment of this requirement. Responsibility for providing verification and for any costs associated therewith are the sole responsibility of the contracted employee, as this is a state and not a district requirement.
Policy History:
Adopted on: 12/14/1987
Revised on: 4/12/1993
Bozeman Public Schools
HUMAN RESOURCES
Policy 5140
Employee Contracts
Classified Employment and Assignment
Employees designated as “classified” employees include all non-teaching positions or duties in the District.
Each newly hired classified employee will either be hired: (1) as a probationary employee, or (2) immediately be placed on a written contract for a specific term with a beginning and ending date, within the meaning of Section 39-2-912(2), MCA. Employees initially hired on a written contract for a specific term will have no expectation of continued employment beyond the current contract term, and in the absence of Board action to offer a subsequent contract, the employment will automatically conclude at the conclusion of the contract term.
For those employees hired as probationary employees, such employees will be required to complete a probationary period of six months. The Board authorizes the Superintendent to extend the probationary period in a manner permitted by law. Any extension of the probationary period by the Superintendent, together with the original probationary period, may not exceed a total of 18 months. Leaves of absence by an employee for a period of more than 5 consecutive working days other than holidays or vacations during the probationary period will not be counted as part of the probationary period.
During the probationary period of employment, the employment may be terminated at the will of either the School District or the employee on notice to the other for any reason or no reason. Prior to the conclusion of the original or extended probationary period, the Superintendent will determine whether to retain the employee or make a recommendation to the Board for termination of probationary employment. If the employee is retained, the employee will be designated as one of the following types of employees depending on the factors noted.
Designation 1: If, before the probationary period concludes, the employee is placed on a written employment contract, the employment contract shall be a written contract of employment for a specific term with a beginning and ending date, within the meaning of Section 39-2-912(2), MCA. The employee will have no expectation of continued employment beyond the current contract term, and in the absence of Board action to offer a subsequent contract, the employment will automatically conclude at the conclusion of the contract term.
If the employee is issued subsequent contracts for a specific term following the initial contract, a probationary period will not apply. The employee will be subject to terms of the contract including the beginning and ending date, within the meaning of Section 39-2-912(2), MCA. The employee will have no expectation of continued employment beyond the current contract term, and in the absence of Board action to offer a subsequent contract, the employment will automatically conclude at the conclusion of the contract term.
Designation 2: If, after the probationary period concludes, the employee is not placed on a written employment contract for a specific term, the employee’s service to the District will be subject to the provisions in Title 39, Chapter 2, Part 9, MCA.
Designation 3: If, after the probationary period concludes, the employee is subject to the provisions of a collective bargaining agreement, the employee’s service to the District will be subject to the terms of the collective bargaining agreement within the meaning of Section 39-2-912, MCA.
Subject to any applicable collective bargaining agreement, the District reserves the right to: (1) change employment conditions affecting an employee’s duties, assignment, supervisor, or grade and/or (2) determine the salary and benefits for classified employees.
Certified Employee Contracts
The Board of Trustees shall contract with each certificated staff member. Such contract shall be in conformity with state and federal statutes, the policies and negotiated agreements of the district. The contract shall be binding on the district and on the staff member and may not be abridged or abrogated during its term by either party except by mutual consent or as may be provided elsewhere in Board policy, in negotiated agreements, or state or federal statutes.
Except for theSuperintendent, the contracts for certificated staff shall be written for a period not to exceed one year and shall be executed in duplicate by the Chairman of the Trustees and the Clerk of the District, and by the teacher or specialist.
Legal Reference: § 39-2-904, MCA Elements of wrongful discharge– presumptive probationary period
§ 39-2-912, MCA Exemptions
§20-4-201 M.C.A. Employment of Teachers and Specialists by Contract
§20-4-205(2) M.C.A. Notification of Tenure Teacher Reelection
§20-4-206(2) M.C.A. Notification of Nontenure Teacher Reelection
§10.55.203(5) A.R.M. Board of Trustees
Policy History:
Adopted on: 12/8/1986
Revised on: 1/25/1993, 1/25/2021, 1/10/2022
Bozeman Public Schools
HUMAN RESOURCES
Policy 5210
Assignments, Reassignments, Transfers
The Superintendent may assign, reassign, and/or transfer positions and duties of all staff. Teachers will be assigned at the levels and in the subjects for which they are licensed and endorsed, or for which they are enrolled in an internship as defined in ARM 10.55.602 and meet the requirements of ARM 10.55.607. The Superintendent will provide for a system of assignment, reassignment, and transfer of classified staff, including voluntary transfers and promotions. Nothing in this policy prevents reassignment of a staff member during a school year.
Classified and other Non-Certified Assignments
Authority and responsibility to assign work, evaluate performance and generally supervise non-certified, non-exempt classified staff shall accrue to the administrator in the District who has the supervisory responsibility for that position. The job description shall be considered by each administrator in assigning work and in evaluating performance, and the job description shall be periodically updated with the cooperative work of the Director of Human Resources and the immediate supervisor of each position.
Teaching
Notice of their teaching assignments relative to grade level, building, classroom or workspace, and subject area will be given to teachers before the beginning of the school year.
Provisions governing vacancies, promotions, and voluntary or involuntary transfers may be found in negotiated agreements or employee handbooks.
The selection of staff to fill extracurricular openings shall be in accordance with policy adopted by the Board of Trustees and the applicable Negotiated Agreement.
The Board of Trustees authorizes the administration to recommend for employment non-certified persons to supervise students in non-credit programs and extra-curricular activities provided that:
Voluntary Transfer
The district shall provide an opportunity for a staff member to apply for a transfer to another position if vacant. Factors considered when deliberating transfer requests shall include, but not be limited to:
1. The educational programs, instructional requirements and best interest of the district.
2. The staff member's background and preparation for the position (qualifications, skills and abilities).
3. The availability of other equally or better qualified applicants from within or outside the district.
The superintendent shall be responsible for the final decision regarding transfers and work assignments of all staff members.
Legal Reference: Bonner School District No. 14 v. Bonner Education Association, MEA-
MFT, NEA, AFT, AFL-CIO, (2008) 2008 MT 9
§ 20-4-402, MCA Duties of District Superintendent or County High School Principal
10.55.602, ARM Definition of Internship
10.55.607, ARM Internships
Policy History:
Adopted on: 12/8/1986
Revised on: 1/25/2021
Bozeman Public Schools
Procedure 5210P
HUMAN RESOURCES
Assignments, Reassignments, Transfers
Placement of Substitute Teachers
These procedures shall be used by all teachers and principals/directors with regard to normal temporary replacement of certified teachers. Procedures to be followed for building or district-wide inservice activities are covered under separate headings.
Placement of Substitute Teachers for Building Inservice
Placement of Substitute Teachers for District-Wide Inservice
Extracurricular
All employees who were contracted starting in 1974 for extracurricular assignments will have those assignments made a part of their regular contract. The following situations apply to all employees who have extracurricular obligations and apply irrespective of tenure status.
Situation 1
A successful teacher/sponsor may request in writing, to be acted upon by the superintendent or designee, to transfer from one activity assignment to another. The superintendent or designee may grant this request under the following conditions:
Situation 2
A successful teacher/sponsor may request in writing, to be acted upon by the superintendent, to drop their extracurricular obligation. The superintendent may grant this request under the following conditions:
Situation 3
An unsuccessful sponsor who is rated as meeting district standards as a teacher may request in writing (to be acted upon by the superintendent), or may be requested by the superintendent, to vacate their coaching position. This may be accomplished by transfer to another activity or by the superintendent waiving the teacher's extracurricular contracted obligation (see Situation 4). The superintendent may grant a transfer under the following conditions:
Situation 4
An unsuccessful sponsor who is rated as meeting district standards as a teacher may request in writing, to be acted upon by the superintendent, to drop their extracurricular obligation. The superintendent may grant this request under the following conditions:
Situation 5
A successful sponsor is judged to be an unsuccessful classroom teacher. In this circumstance, the sponsor would be subject to dismissal from the district.
Situation 6
As provided for by the Negotiated Agreement between School District No. 7 and the Bozeman Education Association, a leave may be granted and/or in accordance with specified criteria an assignment may be eliminated as part of a teaching contract.
Situation 7
Nothing herein describing circumstances under which a sponsor may be relieved of an activity assignment shall preclude a teacher from voluntarily accepting further assignments.
Situation 8
Certain assignments, as in music, may not logically be separated from teaching assignments.
Non-Certified Employees
Each administrator in the district who has supervisor responsibility over secretaries, clerks and aides has the authority and responsibility to assign work, evaluate performance and generally supervise the classified staff under their direction. Changes in grade, overtime, contract extension or FTE, however, need other levels of consideration before approval is granted.
Policy History
Adopted on:
Revised: 2/23/1988, 9/25/1991
Bozeman Public Schools
HUMAN RESOURCES
Policy 5213
Vacancies
When the district determines that a vacancy exists, that vacancy shall be posted using the district electronic recruitment software. The current president of the respective bargaining groups, where appropriate, shall be notified of the vacancy.
Vacancies shall not exist until the building principal/department supervisor has reviewed the need for a potential position, completed a job posting requisition and the requisition has been reviewed by the Deputy Superintendent(s), Superintendent and/or Director of Human Resources. New positions may not be opened without the specific approval of the Superintendent. Already-existing positions which become vacant must have, in the case of certified staff, the prior approval of the Director of Human Resources before such positions will be announced in accordance with the district's Hiring Procedures. Already-existing classified positions must have the prior approval of the Director of Human Resources before the district's Hiring Procedures will be implemented.
Vacancies may be advertised in-district only or they may be advertised in-district and through the MSU Career Services, local public advertising and, where appropriate, if time permits, through a broader regional and/or national basis.
A vacancy may be limited to in-district advertising upon the recommendation of the building principal/department supervisor followed by the review and recommendation of the Director of Human Resources and final determination by the Superintendent.
Policy History:
Adopted on: 12/14/1987
Revised on: 1/25/2021
Bozeman Public Schools
HUMAN RESOURCES
Policy 5214
Job-Sharing Staff Members
A job-sharing assignment is the sharing of one full-time or nearly full-time regular position between two persons. The Superintendent shall be responsible for recommending to the Board those positions and persons where job-sharing would best meet the needs of the District.
The Superintendent shall be responsible for establishing job-sharing procedures, including but not limited to duties, salaries, responsibilities and benefits.
Job-sharing requests are generally initiated by one or more current employees. A request should first be discussed with the building principal or program supervisor. The supervisor will study the request and make a recommendation to the Director of Human Resources Director and the Superintendent.
The Board delegates to the Superintendent the right to:
1. Determine the number, if any, of job-sharing positions within the District.
4. Deny any staff member's request to change a job-sharing position to a non-job-sharing position or vice versa.
5. Require job-sharing staff members to choose to work full time or to terminate employment in the event of the termination or resignation of one of the job-sharing staff members. Another staff member or a new hire may replace a departing job-sharing staff member at the sole discretion of the Superintendent.
Those contingencies that may arise during the course of employment such as, but not limited to, the absence or resignation of one of the job-sharers, the computation of employment benefits, and the responsibilities to participate in staff meetings, meet jointly with parents, attend inservice activities and to serve on committees shall be discussed and set forth in a signed written agreement. This shall be completed by the Director of Human Resources. The purpose of the written agreement is to prevent potential conflicts and is not intended to discourage job sharing.
Policy History:
Bozeman Public Schools
HUMAN RESOURCES
Policy 5215
Temporary Remote Work
Purpose
The purpose of this policy is to establish guidelines for the approval and management of remote work (telework) arrangements for eligible employees of the District residing within the State of Montana. Remote work accommodations are intended to support flexibility while maintaining appropriate in-office coverage and operational continuity. Remote work is a temporary and flexible work arrangement that may be appropriate in certain circumstances, as determined by the District.
Administrative/Supervisor Discretion
Extended remote work agreements may be authorized solely at the discretion of the designated Administrator and must be approved in advance. Authorization does not create a guarantee or entitlement to work remotely in the future.
Occasional, short-term remote work may be approved at the discretion of the employee’s immediate supervisor for times such as when an employee must work from home for a single day. These occasional, short-term arrangements are not intended to establish a regular remote work schedule and do not require Administrative approval.
Temporary Nature of Remote Work
All remote work arrangements are considered temporary and may be modified or revoked at any time, with or without cause or notice, at the discretion of the District. Remote work arrangements may be approved for no longer than one calendar year in duration, and must be reviewed on an annual basis.
Eligibility and Position Suitability
Only positions within the District where the essential job duties and responsibilities can be performed remotely without compromising productivity, collaboration, service delivery, or compliance with applicable laws and policies will be considered for remote work. The nature of the employee's duties, need for in-person presence, availability of appropriate technology, impact on the employee’s team and stakeholders, and the individual employee performance will be considered when determining eligibility for remote work.
It is acknowledged that not all positions will be eligible for remote work. For example, positions that require on-site presence (e.g., teachers, custodial, food service, instructional aides, or certain support staff) are generally ineligible for remote work.
No Additional District Expense
The District will not be responsible for any expenses incurred by the employee as a result of remote work, including but not limited to home internet services, utilities, phone services, or home office equipment. Further, employees engaging in remote work must acknowledge that devices used are subject to public records laws.
Work Expectations and Accountability
Employees approved for remote work are expected to maintain the same performance standards, availability, responsiveness, confidentiality, and productivity as would be expected if working on District premises. Work hours, workload, communication expectations, and compliance with all applicable District policies remain unchanged. Remote work is not intended to serve as a substitute for regular childcare or dependent care.
Worksite Requirements
Employees must designate a remote work location that allows for the performance of job duties in a safe, secure, and distraction-free environment. The employee is responsible for maintaining data security and confidentiality standards consistent with District policies and applicable law.
Communication and Availability
Employees must remain accessible by phone, email, or other designated communication methods during agreed-upon work hours. Voicemail must be properly configured, monitored regularly, and accessible through the employee’s computer or remote device. Employees may be required to report in person to the worksite with limited or no advance notice.
Time and Attendance
Non-exempt employees are required to accurately record all hours worked and must obtain prior approval for any overtime in accordance with the District’s policies and the Fair Labor Standards Act (FLSA). Failure to comply may result in disciplinary action, up to and including termination of employment.
Compliance and Revocation
Any violation of this policy may result in immediate revocation of the remote work arrangement and may be grounds for disciplinary action, up to and including termination of employment.
Remote Work Agreement
All extended remote work arrangements must be documented and approved using the District’s Remote Work Agreement form. The agreement must be approved by the employee and designated Administrator. The agreement must specify the duration, work schedule, performance expectations, and any additional terms as applicable.
Policy History:
Adopted on: 7/28/2025
Revised on:
Bozeman Public Schools
HUMAN RESOURCES
5215P
Remote Work Procedures and Additional Guidelines
Advance Notice and Approval Requirements
Requests to work remotely on a temporary, short-term basis must be approved by the immediate supervisor at least 48 hours in advance. Approval remains at the supervisor’s sole discretion. Same-day or last-minute requests will be considered under extraordinary circumstances (e.g., personal illness, sudden illness of a dependent, or other urgent family needs) and only if the employee is able to work and meet performance expectations despite the situation. Employees should use sick leave if they are unable to completely focus on their job duties.
Requests to work remotely on an extended basis must be requested and approved in accordance with #3 below. Approval remains at the Administrator’s sole discretion.
Childcare and Dependent Care During Remote Work
Remote work is not intended to serve as a substitute for regular childcare or dependent care. Employees must ensure that adequate care arrangements are in place during remote work hours. Supervisors may request clarification or assurance that remote work duties and focus will not be compromised by the employee’s dependents. Exceptions (e.g., older, independent, or temporarily ill children) may be considered on a case-by-case basis and must be documented with either a Remote Work Agreement or an acknowledged email between the employee and supervisor.
Fixed Remote Work Schedules
Employees with approved remote work arrangements must adhere to a consistent and pre-approved weekly schedule as outlined in their Remote Work Agreement. Deviations from the approved schedule, including “swapping” in-office and remote days, must be pre-approved by the supervisor with a minimum of 48 hours’ notice, barring exceptional circumstances. Supervisors will ensure that in-office coverage is acceptable to maintain current business standards.
Attendance for In-Person Meetings
If a meeting is scheduled to take place in-person at any District location, employees working remotely are required to attend in person, regardless of their scheduled remote work status for that day. Employees may continue to work remotely before and/or after the meeting if approved by their supervisor. Remote meeting attendance is only permissible when a meeting is explicitly scheduled as virtual for all participants.
Primary Remote Work Location
Employees must establish and consistently use a primary remote work location that is safe, private, and conducive to maintaining professional standards. Public settings—such as coffee shops, restaurants, or other highly visible locations—are not appropriate for remote work and are strictly prohibited. It is essential to uphold public trust by ensuring that remote work is performed in a setting that reflects the professionalism and confidentiality required by the District. The designated primary work location must be documented in the Remote Work Agreement and should support secure access to District systems and information.
Minimum In-Office Work Requirements
Supervisors may establish minimum in-office work requirements based on the needs of the department or role. For example, employees may be required to report in-person for a minimum number of days per week to support team collaboration, office coverage, or service delivery.
Misuse of Remote Work Privileges
Repeated failure to follow remote work procedures—such as not being available during work hours, failure to complete assignments, lack of communication, or using remote work as a substitute for appropriate leave—may result in suspension or revocation of remote work privileges and could lead to disciplinary action up to and including termination.
Policy History:
Adopted on: 7/28/2025
Revised on:
Bozeman Public Schools
HUMAN RESOURCES
5215F
Temporary Remote Work Agreement
This Remote Work Agreement (“Agreement”) is made between the undersigned employee and the Bozeman School District (“District”) in accordance with District Policy 5215 – Remote Work.
This Agreement outlines the terms and conditions of a regularly scheduled remote work arrangement.
EMPLOYEE INFORMATION
Name: _____________________________________
Position Title: _______________________________
Department/Location: __________________________
Supervisor: __________________________________
REMOTE WORK ARRANGEMENT
Effective Dates of Remote Work:
Start Date: _______________
End Date (if known): _______________
Scheduled Remote Work Days:
☐ Monday
☐ Tuesday
☐ Wednesday
☐ Thursday
☐ Friday
(Specify hours of work each day): ___________________________________________
Primary Remote Work Location (Address):
Reason for Remote Work Arrangement (brief description):
TERMS AND CONDITIONS
By signing this Agreement, the employee acknowledges and agrees to the following:
ACKNOWLEDGEMENT AND SIGNATURES
I have read and understand the Remote Work Policy and this Agreement. I agree to abide by its terms and understand that this remote work arrangement may be modified or terminated at the discretion of the District.
Employee Signature: ___________________________ Date: ____________
Administrator Signature: ________________________ Date: ____________
Policy History:
Adopted on: 7/28/2025
Revised on:
Bozeman Public Schools
HUMAN RESOURCES
Policy 5220
Prohibition on Aiding Sexual Abuse
The district prohibits any employee, contractor or agent from assisting a school employee, contractor or agent in obtaining a new job if the individual or district knows or has probable cause to believe that such school employee, contractor or agent engaged in sexual misconduct regarding a minor or a student in violation of the law. This prohibition does not include the routine transmission of administrative and personnel files.
This prohibition does not apply under certain conditions specified by the Every Student Succeeds Act (ESSA) such as:
Legal Reference: ESSA section 8038, § 8546
45-2-302, MCA When accountability exists.
Policy History:
Adopted on: 12/10/2018
Revised on:
Bozeman Public Schools
HUMAN RESOURCES
Policy 5221
The length of a work day for a certified employee shall be 7 1/2 hours for a full-time certified employee. The work day is generally exclusive of lunch and extracurricular assignments, but inclusive of preparation time and assigned duties. Other conditions pertaining to certified work day, preparation periods, lunches, etc. are found in the current collective bargaining agreement. Arrival time shall generally be one-half hour before classes begin or as directed by the building principal.
The length of a classified work day is governed by the number of hours for which the employee is assigned. A "full-time" employee shall be considered to be an 8-hour per day/40-hour per week employee. The work day is exclusive of lunch but inclusive of breaks unless otherwise and specifically provided for by the individual contract. The schedule will be established by the supervisor. Normal office hours in the district will be 7:30 a.m. to 4:30 p.m.
A daily morning and afternoon rest period of fifteen (15) minutes shall be available to all full time, classified employees. Hourly personnel may take one fifteen (15) minute rest period for each four (4) hours that are worked in a day.
Breaks will normally be taken approximately in mid-morning and mid-afternoon and should be scheduled in accordance with the flow of work and with the approval of the employee's supervisor.
Legal Reference: 29 U.S.C. §§ 201 to 219 Fair Labor Standards Act of 1985
29 C.F.R. Part 516, et seq. Records to be kept by employers
§ 39-3-405, MCA Overtime compensation
§ 39-4-107, MCA State and municipal governments, and school districts
10.65.103(2), ARM Program of Approved Pupil Instruction-Related Days
24.16.1006, ARM Rest and Meal Periods
Policy History:
Adopted on: 12/08/1986
Revised on: 4/12/1993, 3/03/2003
Bozeman Public Schools
HUMAN RESOURCES R
Policy 5222
Evaluation of Non-Administrative Staff
Classified
It is the intent of the Board of Trustees of School District No. 7 that each classified employee be evaluated annually. The Superintendent will establish procedures to implement the classified employee evaluation process. Forms and procedures for this purpose have been devised, and will be periodically reviewed and updated.
It is also the intent of the Board that probationary employees be evaluated in a written fashion not less than once prior to the conclusion of their probationary status. If there are deficiencies noted, probationary employees may be terminated without other notice.
The District’s classified employee procedure encourages a narrative in support of exemplary performance and requires a narrative from the evaluator in the instance of deficiencies. It is expected that narratives will be precise, focused and based on prescribed duties and/or the job description, whether they be in the nature of a commendation or a constructive criticism.
Each classified staff member’s job performance will be evaluated by the staff member’s direct supervisor. The supervisor will provide a copy of the completed evaluation to the staff member and will provide opportunity to discuss the evaluation. The original should be signed by the staff member and placed in the personnel file. If the staff member refuses to sign the evaluation, the supervisor should note the refusal and submit the evaluation to the Superintendent.
Certified
The Board of Trustees of School District No. 7, desiring to improve instruction, has agreed to certain procedures found in full in the current collective bargaining agreement.
Cross Reference: 5231-5231P Personnel Records
Legal Reference: 10.55.701(4)(a)(b), ARM Board of Trustees
Policy History:
Adopted on: 12/08/1986
Revised on: 2/09/1998, 1/25/2021
Bozeman Public Schools
HUMAN RESOURCES
Policy 5223
Personal Conduct
All employees are expected to maintain high standards of honesty, integrity, professionalism, decorum, and impartiality in the conduct of District business. School District employees will abide by all district policies, state and federal laws in the course of their employment. Where applicable, employees will abide by and honor the professional educator code of conduct.
All employees shall maintain appropriate employee-student relationship boundaries in all respects, including but not limited to personal, speech, print, and digital communications. Failure to honor the appropriate employee student relationship boundary will result in a report to the Department of Public Health and Human Services and the appropriate law enforcement agency.
In accordance with state law, an employee shall not dispense or utilize any information gained from employment with the District, accept gifts or benefits, or participate in business enterprises or employment that creates a conflict of interest with the faithful and impartial discharge of the employee’s District duties. An employee shall not perform an official act directly and substantially affecting its economic benefit to a business or other undertaking in which the employee either has a substantial financial interest or is engaged as counsel, consultant, representative, or agent. An employee shall not perform an official act directly and substantially impacting another business or other undertaking which is of economic detriment when the employee has a substantial personal interest in a competing firm or undertaking.
A District employee, before acting in a manner which might impinge on any fiduciary duty, shall disclose the nature of the private interest which would create a conflict to avoid disruption to District operations. Care should be taken to avoid using or avoid the appearance of using official positions and confidential information for personal advantage or gain. An employee shall not act as an agent or solicitor in the sale or supply of goods or services to a district. An employee shall not use District time, facilities, equipment, supplies, personnel, or funds for the officer's or employee's private business, political, or commercial purposes. Curriculum or materials created within the course of the employee’s duties for the District using District resources are considered to be the property of the District.
An employee shall not assist any person for a fee or other compensation in obtaining a contract, claim, license, or other economic benefit from the District. An employee shall not solicit or accept employment or engage in negotiations or meetings to consider employment, with a person whom the officer or employee regulates in the course of official duties without first giving written notification to the District.
Further, employees are expected to hold confidential all information deemed not to be for public consumption as determined by state law and Board policy. Employees also will respect the confidentiality of people served in the course of an employee’s duties and use information gained in a responsible manner. The Board may discipline, up to and including discharge, any employee who discloses confidential and/or private information learned during the course of the employee’s duties or learned as a result of the employee’s participation in a closed (executive) session of the Board. Discretion should be used even within the school system’s own network of communication and confidential information should only be communicated on a need to know basis. Employees shall not record or cause to be recorded a conversation by use of a hidden electronic or mechanical device which may include any combination of audio or video that reproduces a human conversation without the knowledge of all parties to the conversation.
Administrators and supervisors may set forth specific rules and regulations governing staff conduct on the job within a particular building.
Firearms and Weapons
Employees of the District shall not injure or threaten to injure another person; damage another’s property or that of the District; or possess any firearm or other non-firearm weapon on school property at any time.
For the purposes of this policy, the term “firearm” means (A) any weapon which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device pursuant to 18 U.S.C. 921 (4). Such term does not include an antique firearm pursuant to 18 U.S.C. 921 (16).
For purposes of this policy, “non-firearm weapon” means any object, device, or instrument designed as a weapon or through its use is capable of intimidating threatening or producing bodily harm or which may be used to inflict injury, including but not limited to air guns; pellet guns; BB guns; fake or facsimile weapons; all knives; blades; clubs; metal knuckles; nunchucks; throwing stars; explosives; fireworks; mace or other propellants; stun guns; ammunition; poisons; chains; arrows; and objects that have been modified to serve as a weapon.
District administrators are authorized to appropriate action, as circumstances warrant, to enforce this section of the policy including but not limited to requesting the assistance of law enforcement in accordance with Montana law.
For the purposes of this policy, “school property” means within school buildings, in vehicles used for school purposes, or on owned or leased school land or grounds. “Building” specifically means a combination of any materials, whether mobile, portable, or fixed, to form a structure and the related facilities for the use or occupancy by persons or property owned or leased by a local school district that are used for instruction or for student activities as specified in Section 50-60-101(2), MCA and Section 45-8-361, MCA. The term is construed as though followed by the words "or part or parts of a building" and is considered to include all stadiums, bleachers, and other similar outdoor facilities, whether temporary or permanently fixed.
This section does not apply to a law enforcement officer acting in the officer’s official capacity or an individual previously authorized by the Board of Trustees to possess a firearm or weapon in a school building.
The Board of Trustees shall annually review this policy and update this policy as determined necessary by the trustees based on changing circumstances pertaining to school safety.
Cross Reference: 3311 Firearms and Weapons
4332 Conduct on School Property
5232 Abused and Neglected Children
5121 Applicability of Personnel Policies
Legal Reference: § 20-1-201, MCA School officers not to act as agents
Title 2, Chapter 2, Part 1 Standards of Conduct
§ 39-2-102, MCA What belongs to employer
§ 45-8-361, MCA Possession or allowing possession of a weapon in a school building
§ 45-5-501, MCA Definitions
§ 45-5-502, MCA Sexual Assault
ARM 10.55.701(2)(d) Board of Trustees
§ 45-8-213, MCA Privacy in communications
Policy History:
Adopted on: 12/8/1986
Revised on: 2/11/1991, 3/03/2003, 9/09/2013, 1/25/2021, 6/14/2021, 1/10/2022, 4/25/2022, 7/15/2024
Bozeman Public Schools
HUMAN RESOURCES
Policy 5224
Political Activity - Staff Participation
The Board recognizes its employees’ rights of citizenship, including but not limited to engaging in political activities. A District employee may seek an elective office, provided the employee does not campaign on school property during working hours, and provided all other legal requirements are met. The District assumes no obligation beyond making such opportunities available.
In the event the staff member is elected to office, the employee may request a leave of absence without pay in accordance with their relevant and most current negotiated agreement if so covered, or by written request subject to the approval of the superintendent otherwise. All leaves of absence without pay shall be approved at the discretion of the superintendent or designee.
The District has in certain instances approved leave with pay for elective office, or appointive office at a state board. Generally this does not exceed fifteen (15) days per annum. Any pay or reimbursement beyond expenses must be reimbursed to the District. All such requests are approved by the superintendent and must be renewed annually.
No person, in or on District property, may attempt to coerce, command, or require a public employee to support or oppose any political committee, the nomination or election of any person to public office, or the passage of a ballot issue.
No District employee may solicit support for or in opposition to any political committee, the nomination or election of any person to public office, or the passage of a ballot issue, while on the job or in or on District property.
Nothing in this policy is intended to restrict the right of District employees to express their personal political views.
Legal Reference: 5 U.S.C. § 7321 Hatch Act
§ 39-2-104, MCA Mandatory leave of absence for employees holding public office
§ 13-35-226, MCA Unlawful acts of employers and employees Title 2, Chapter 2, Part 1 Standards of Conduct
Policy History:
Adopted on: 12/08/1986
Revised on: 1/10/2005, 1/25/2021
Bozeman Public Schools
HUMAN RESOURCES
Procedure 5224P
Political Activity -- Staff Participation
A staff member may participate in political activities provided he/she adheres to the following guidelines:
Policy History:
Adopted on:
Revised on:
Bozeman Public Schools
HUMAN RESOURCES
Policy 5226
Drug-Free Workplace
All District workplaces are drug- and alcohol-free. All employees are prohibited from:
For purposes of this policy, a controlled substance is one that is:
As a condition of employment, each employee will:
In order to make employees aware of dangers of drug and alcohol abuse, the District will endeavor to:
District Action Upon Violation of Policy
An employee who violates this policy may be subject to disciplinary action; up to and including recommendation for termination of employment. Alternatively, the Board may require an employee to successfully complete an appropriate drug- or alcohol-abuse, employee-assistance rehabilitation program.
Should District employees be engaged in the performance of work under a federal contract or grant, or under a state contract or grant, the Superintendent will notify the appropriate state or federal agency from which the District receives contract or grant moneys of an employee’s conviction, within ten (10) days after receiving notice of the conviction.
Employee Chemical Use and Dependency
The Bozeman School District recognizes the use of illicit drugs and the unlawful possession and use of alcohol are illegal and harmful. Standards of conduct for staff of the District clearly prohibit the possession, use or distribution of illicit drugs and alcohol on school premises or as a part of any school sponsored activity. The use of mood-altering chemicals, including the abusive use of alcohol, and chemical dependency affect the lives of employees of the District and their families and represent an impairment to one's normal development, well-being and job performance.
In acknowledgement that chemical dependency is a treatable health problem, the District sponsors an Employee Assistance Program in an effort to provide staff with a system of support to deal with alcohol and other drug related issues, as well as with personal problems which may pose a threat to their health and well-being. The District's Employee Assistance Program will operate within the existing legal, financial and policy restraints. Necessary disciplinary actions up to and including termination and referral for prosecution will be imposed on staff who violate the District's standards of conduct. Consideration will be given to those who are involved in the Employee Assistance Program and/or otherwise show a commitment to addressing their alcohol and/or other drug related issues.
Legal Reference: 41 U.S.C. §§ 702, 703, 706 Drug-free workplace requirements for
Federal grant recipients
Johnson v. Columbia Falls Aluminum Company LLC, 2009 MT 108N.
Policy History:
Adopted on: 4/24/1989
Revised on: 1/25/2021
Bozeman Public Schools
HUMAN RESOURCES
Policy 5230
Prevention of Disease Transmission
All District personnel will be advised of routine procedures to follow in handling body fluids. These procedures, developed in consultation with public health and medical personnel, will provide simple and effective precautions against transmission of diseases to persons exposed to the blood or body fluids of another. The procedures will follow standard health and safety practices. No distinction will be made between body fluids from individuals with a known disease or infection and from individuals without symptoms or with an undiagnosed disease.
The District will provide training on procedures on a regular basis. Appropriate supplies will be available to all personnel, including those involved in transportation and custodial services.
Policy History:
Adopted on: 1/25/2021
Revised on:
Bozeman Public Schools
HUMAN RESOURCES
Policy 5231
Personnel Records
The District maintains a complete confidential and permanent personnel record for every current and former employee. The employees’ personnel records will be maintained in the District’s administrative office, under the Superintendent’s direct supervision. Access to personnel files shall be limited to the Superintendent and those administrators authorized by the Superintendent, to Human Resources Office staff members, to the Board's legal counsel, and to the employee, the employee's signed designee, or the employee's legal counsel.
Employees will be given a copy of their personnel record upon request. An employee shall have the right, upon request, and during normal business hours, to review the contents of their personnel file in the presence of the Director of Human Resources or other authorized staff member.
Employees shall maintain an accurate mailing address with the District which will be held in the personnel file. Employees shall promptly notify the District of any change in mailing address.
The District may release public information regarding the professional qualifications, degrees, and experience of teachers and the qualifications of paraprofessionals to parents upon request. Access to other information is governed by Policy 4340.
Personnel records must be kept for 10 years after separation of employment.
Processed grievances shall not be a part of an employee's personnel file, but shall be kept apart from the personnel file.
Labor-management agreements may result in additional stipulations. The policies set forth here shall not supersede or negate stipulations of contract.
Cross Reference: 4340 Public Access to District Records
Legal Reference: 10.55.701(4), ARM Board of Trustees
§ 20-1-212(2), MCA Destruction of records by school officer
§ 2-6-1001, MCA Definitions
Policy History:
Adopted on: 12/08/1986
Revised on: 1/25/2021, 7/15/2024
Bozeman Public Schools
HUMAN RESOURCES
Procedure 5231P
Personnel Records
The School District is required by law and federal and state regulations to maintain and safeguard certain records, and to destroy or return to the originating source other records. These procedures outline responsibilities for meeting and adhering to these requirements. The District shall maintain a cumulative personnel file in the administrative office for each of its employees, as required by the Office of Public Instruction and current Human Resources policies. These records are not to leave the administrative office except as specifically authorized by the Superintendent, and then only by signed receipt. Payroll records are maintained separately.
Contents of Personnel Files
A personnel file may contain but is not limited to transcripts from colleges or universities, information allowed by statute, a record of previous employment (other than college placement papers for periods beyond active candidacy for a position), evaluations, copies of contracts, and copies of letters of recommendation requested by an employee. All material in the personnel file must be related to the employee’s work, position, salary, or employment status in the District. All documents, communications, and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
No material derogatory to an employee’s conduct, service, character, or personality shall be placed in the file, unless such placement is authorized by the Superintendent, as indicated by the Superintendent’s initials, and unless the employee has had adequate opportunity to read the material. For the latter purpose, the Superintendent shall take reasonable steps to obtain the employee’s initials or signature verifying that the employee has received a copy of the material. If the employee refuses to sign the document indicating that the employee has had an opportunity to read it, the Superintendent will place an addendum to the document, noting that the employee was given a copy but refused to sign. The Superintendent will date and sign the addendum.
Contractual Agreements
Labor-management agreements may result in additional stipulations. The procedures set forth here shall not supersede or negate stipulations of contract.
Location and Record Custodian
The District shall maintain a cumulative personnel file (employee record) in the Human Resources Office for each of its employees as required by the Office of Public Instruction and current Human Resources policies. These records are not to leave the Human Resources Office except as specifically authorized by the Director of Human Resources and then only by signed receipt. Payroll records are maintained separately in the Business Office.
Employee's Access to Personnel File
Any employee has the right to examine and copy materials from and/or have copies made of their personnel file during regular business hours.
The Director of Human Resources or other designee must be present when an employee is given access to their personnel file in order to offer the employee assistance and interpretation of material contained in the file.
Access by Others to a Personnel File
In addition to the Superintendent, Director of Human Resources or other designees, a committee or member of the Board, when authorized through Board action, may have access to cumulative personnel files. Counsel retained by the Board or the employee shall also have access to a cumulative personnel file when specifically authorized by the Board or Superintendent respectively.
Any person authorized by a valid court order shall have access to personnel files.
Principals and/or immediate supervisors may examine the files of staff employed under their supervision.
An individual who has the written permission of an employee may request to examine that employee's records in the presence of the Director of Human Resources.
Disposition of Personnel Files
Any confidential college or university placement papers shall be returned to the sender or destroyed at the time of employment.
An employee, upon termination, may request transcripts of college or university work.
All other documents shall be retained and safeguarded by the District for such periods as prescribed by law.
Applicant and Search File
The District shall maintain all required applicant and search records consistent with state and federal statutes.
Applications for a specific classified position will be kept on file for not less than two years after the conclusion of a search. However, applicants must reapply for each specific vacancy. Teacher applications will be kept on file for a period of not less than twelve months, with applications being renewable for subsequent positions upon written notice by the applicant. Teacher applications will be purged in December of each year.
Search files and records shall contain at a minimum the originating vacancy announcement with authorizing signatures; appropriate job description and/or criteria statement for the position; newspaper advertisements, college/university placement advertisements and/or in-house advertisements; a list of all individuals who applied for the position; screening dates; a list of candidates interviewed; interview questions; the principal or department supervisor's recommendation; and the district search audit form. Search files shall be kept for not less than 24 months nor more than 36 months, and an annual purge of outdated search files will be made at the end of September of each year.
Personnel Electronic Data Banks
The Bozeman Public Schools use electronic data processing (EDP) for many personnel records. Since these records are computerized and are updated on an ongoing basis for accuracy of reporting, it is the policy of the Board that there shall be an annual hard copy of all electronic personnel records made in June of each year. This hard copy shall be completed before new employees for the ensuing fiscal year are entered into the data banks. The hard copy shall then be stored in the administration vault.
Access to the electronic data banks of the Human Resources office and to hard copies of these banks shall be limited to the superintendent or designee. Information shall be released only upon authority of the Director of Human Resources in accordance with provisions of the statute, board policy, regulations and/or negotiated agreements.
Policy History:
Adopted on: 4/12/1993
Revised on:
Bozeman Public Schools
HUMAN RESOURCES
Policy 5232
Abused and Neglected Child Reporting
A District employee who has reasonable cause to suspect, as a result of information they receive in their professional or official capacity, that a child is abused or neglected by anyone regardless of whether the person suspected of causing the abuse or neglect is a parent or other person responsible for the child's welfare, shall report the matter promptly to the Department of Public Health and Human Services. Child abuse or neglect means actual physical or psychological harm to a child, substantial risk of physical or psychological harm to a child, and abandonment. This definition includes sexual abuse and sexual contact by or with a student. The obligation to report suspected child abuse or neglect also applies to actual or attempted sexual or romantic contact between a student and a staff member.
A District employee who makes a report of child abuse or neglect is encouraged to notify the building administrator of the report. An employee does not discharge the obligation to personally report by notifying the Superintendent or principal.
Any District employee who fails to report a suspected case of abuse or neglect to the Department of Public Health and Human Services, or who prevents another person from doing so, may be civilly liable for damages proximately caused by such failure or prevention and is guilty of a misdemeanor. The employee will also be subject to disciplinary action up to and including termination.
When a District employee makes a report, the DPHHS may share information with that individual or others as permitted by law. Individuals in the District who receive information related to a report of child abuse or neglect shall maintain the confidentiality of the information.
Cross Reference: 5223 Rules ofConduct
3225 Sexual Harassment, Sexual Intimidation and Sexual Misconduct
Legal Reference: § 41-3-201, MCA Reports
§ 41-3-202, MCA Action on reporting
§ 41-3-203, MCA Immunity from liability
§ 41-3-205, MCA Confidentiality – disclosure exceptions
§ 41-3-207, MCA Penalty for failure to report
§ 45-5-501, MCA Definitions
§ 45-5-502, MCA Sexual Assault
Policy History:
Adopted on: 1/25/2021
Revised on:
Bozeman Public Schools
HUMAN RESOURCES
Procedure 5232P
Abused and Neglected Child Reporting
Staff are expected to report every instance of suspected child abuse or neglect. Sample indicators of abuse and neglect are listed below. Since protection of children is the paramount concern, staff should discuss any suspected evidence with the principal or nurse regardless of whether the condition is listed among the sample indicators.
Reporting Procedures
The following procedures are to be used in reporting instances of suspected child abuse:
Any doubt about the child’s condition shall be resolved in favor of making a report. Social workers and law enforcement investigate reports and has the responsibility of determining the fact of child abuse or neglect. DO NOT tell the parents/care provider that you made a report.
Sample Indicators of Observable Abuse of a Child
a. Child having difficulty sitting down.
b. Child refusing to change into gym clothes (when he/she has been willing to change clothes in the past).
c. Child running away from home and not giving any specific complaint about what is wrong at home.
d. Young child daydreaming to an excessive degree -- almost out of touch.
e. Child "dropping" lots of questions about how pregnancy occurs.
Sample Indicators of Observable Neglect of a Child
NOTE: The above examples do not prove that abuse or neglect has actually occurred, but provide evidence for
further investigation.
Policy History:
Adopted on:
Revised on: 9/24/2018
CONFIDENTIAL DOCUMENTATION
Report of Suspected Child Abuse or Neglect
Form 5232F
Report made to Child and Family Services Division of the Montana Department of Public Health and Human Services
(Statewide reporting system phone number: 1-866-820-5437)
DATE: TIME: Name of Intake Specialist:
From: Title:
School: Phone:
Name of Minor: Date of Birth:
Address: Phone:
Attendance Pattern:
Father: Address: Phone:
Mother: Address: Phone:
Guardian or Step-Parent: Address: Phone:
Nature and extent of the child's injuries, including any evidence of previous injuries, and any other information which may be helpful in showing abuse or neglect, including all acts which lead you to believe the child has been abused or neglected:
Any suspicion of injury/neglect to other family members:
Previous action taken, if any:
Other Important Information:
Ask DFS how it is rating this report:
___ For Information Only
___ Investigation
___ Other
*The person making the report should keep this CONFIDENTIAL documentation. It should not become part of student record or cumulative file.
Copy to: Principal
Bozeman Public Schools
HUMAN RESOURCES
Policy 5250
Termination or Non-Renewal of Employment/Dismissal from Employment
The termination, non-renewal or dismissal of certified staff and the termination or dismissal of classified staff shall be acted upon by the Board after receiving the recommendation of the Superintendent in conformity with State laws, negotiated agreements and District policies.
Notice of Nonrenewal of Nontenured Teacher for Financial Reasons
When the Superintendent or other District Administrator proposes to nonrenew a nontenured teacher for financial reasons, the Board of Trustees shall include the proposed nonrenewal for financial reasons on the agenda of a meeting on or before June 1. A nonrenewal of a nontenured teacher for financial reasons is a nonrenewal without cause as provided in § 20-4-206, MCA. The proposed nonrenewal is an action of significant interest to the public within the meaning of § 2- 3-103, MCA. The provisions of this policy do not override provisions negotiated and agreed to in a collective bargaining agreement executed by the district and the teacher's exclusive representative pursuant to Title 39, chapter 31, MCA.
Cross Reference: 5140 Classified Employment and Assignment
Legal Reference: § 20-3-324(2), MCA Trustee Powers and Duties
§ 20-4-204, MCA Termination of tenure teacher services
§ 20-4-206, MCA Notification of nontenure teacher reelection – acceptance – termination.
§ 20-4-207, MCA Dismissal of teacher under contract
§ 39-2-912, MCA Exemptions to Wrongful Discharge from Employment Act
Policy History:
Adopted on: 12/08/1986
Revised on: 2/22/99, 2/10/2003, 8/10/2009, 1/25/2021, 7/28/2025
Bozeman Public Schools
HUMAN RESOURCES
Policy 5251
Resignations
Certified and other contracted personnel will generally be expected to fulfill the terms of their contract unless (1) there are clearly compelling, mitigating circumstances which prevent the certified employees or employees under contract from doing so; and (2) until such time as the Board through public action releases the certified or exempt individual from the terms of their contract upon the recommendation of the Superintendent.
Classified employees not under contract are expected to give due written notice that will permit the District to conduct a search for a suitable replacement. Generally speaking the Board of Trustees expects a two-week notice.
The Board authorizes the Superintendent or designee to accept on its behalf resignations from any District employee. The Superintendent or designee shall provide written acceptance of the resignation, including the date of acceptance, to the employee, setting forth the effective date of the resignation.
Once the Superintendent or designee has accepted the resignation, it may not be withdrawn by the employee. The resignation and its acceptance should be reported as information to the Board at the next regular or special meeting.
All employees should complete and deliver a signed District Employee’s Intent to Resign form to the supervisor and subsequently to the Director of Human Resources. Supervisors are responsible to see that employees who intend to leave the service of the District are notified of this obligation. This signed notice on the District form must be given with appropriate notice. An exit interview with the Director of Human Resources may be scheduled upon request from the employee or the Director of Human Resources. The Employee’s Intent to Resign form will be provided to the Payroll Office and implemented systematically throughout the District.
Certified and Contracted Employees
For certified employees, submitting a resignation will not imply automatic acceptance of the resignation if the contract has not been completed. Certified and other contracted employees are expected to complete the term of the contract except for compelling reasons.
Classified Employees
Appropriate notice, generally speaking two weeks, should be provided except for compelling reasons.
If less than two weeks’ notice is given, the employee should walk the Employee’s Intent to Resign form through the process, arriving at the Human Resources Office within hours of the announcement of intended resignation.
If a classified employee quits without notice or fails to return to work after the summer break, the supervisor of the vacant position needs to complete the Intent to Resign Form, make a notation on the form that no notice was given and forward the form to the Human Resources Office.
If an employee quits without appropriate notice to the District and without compelling reasons, a notation will be made in the employee’s personnel file.
Legal Reference: Booth v. Argenbright, 225 Mont. 272, 731 P.2d 1318 (1987)
Policy History:
Adopted on: 12/08/1986
Reviewed on:
Revised on: 1/25/1993, 2/22/1999, 2/10/2003, 1/25/2021
Bozeman Public Schools
HUMAN RESOURCES
Policy 5253
Retirement Programs for Employees
All employees of the Bozeman Public Schools shall participate in the retirement programs under the Federal Social Security Act and either the Teachers’ Retirement System or the Public Employees’ Retirement System according to state retirement regulations.
Certified employees who intend to retire at the end of the current school year should notify the superintendent in writing prior to April 1 of that year.
Those employees intending to retire who are not contractually obligated to complete the school year should notify the superintendent as early as possible and no less than sixty (60) days prior to their retirement date.
The relevant and most current negotiated agreements for all categories of employees shall specify severance stipends and other retirement conditions and benefits.
The Board of Trustees directs the Superintendent to develop procedures by which contributions shall be determined for previously unclaimed prior service.
Legal Reference: Title 19, Chapter 1 M.C.A. Social Security
Title 19, Chapter 3 M.C.A. Public Employees’ Retirement System
Title 19, Chapter 4 M.C.A. Teachers’ Retirement System
Policy History
Adopted: 12/08/1986
Revised: 1/25/1993
Bozeman Public Schools
HUMAN RESOURCES
Procedure 5253P
Retirement Programs for Employees
Retirement System Contributions for Employee Services in Prior Years
The following procedures will be followed in processing requests made by former and current employees for consideration by the School District to contribute to either of the state retirement systems.
Teachers Retirement System (TRS)
Teachers Retirement System regulations stipulate that whenever a substitute teacher exceeds 30 days of employment in any one fiscal/school year, the District will be liable for contributions to the system. The days do not have to be consecutive. Contributions for the first 30 days for a substitute teacher that did not elect TRS membership will not be paid by the District.
Public Employees Retirement System (PERS)
In compliance with MCA 19-3-502 2 (b), Bozeman Public Schools will contribute to the Public Employees Retirement System for prior service as follows:
Voluntary Career Option Stipend/TRS
The Voluntary Career Option Stipends (VCOP), as outlined in the teachers’ Collective Bargaining Agreement, are post-retirement payments. As such, the VCOP stipends are not included in termination pay for purposes of TRS, and the VCOP stipend is not included in the calculation of the average final compensation for purposes of the teacher’s retirement.
Policy History:
Adopted on:
Revised on: 1/25/1993, 9/25/1996
Bozeman Public Schools
HUMAN RESOURCES
Policy 5254
Payment of Employer Contributions and Interest on Previous Service
A Public Employees’ Retirement System (PERS) member may purchase: (1) all or a portion of the member’s employment with an employer prior to the time the employer entered into a contract for PERS coverage; and (2) all or a portion of the member’s employment for which optional PERS membership was declined (both of which are known as previous service).
The member must file a written application with the PERS Board to purchase all or a portion of the employment for service credit and membership service. The application must include salary information certified by the member’s employer or former employer.
The District has the option to pay, or not to pay, the employer’s contributions due on previous service and the option to pay, or not to pay, the outstanding interest due on the employer’s contributions for the previous service.
It is the policy of this District to pay the employer’s contributions due on previous service.
It is also the policy of this District to not pay the outstanding interest due on the employer’s contributions for the previous service.
This policy will be applied indiscriminately to all employees and former employees of this District.
If the District opts to not pay the employer’s contributions due on previous service and/or the outstanding interest due on the employer’s contributions for previous service, then the employee shall pay the amount not paid by the employer in order to receive service credit and membership service for the period of employment.
Legal Reference: § 19-3-505, MCA Purchase of previous employment with employer
Policy History:
Adopted on: 1/25/2021
Revised on:
Form 5254FPayment of Employer Contributions and Interest on Previous Service
A Public Employees' Retirement System (PERS) member may purchase (1) all or a portion of the member's employment with an employer prior to the time the employer entered into a contract for PERS coverage and (2) all or a portion of the member's employment for which optional PERS membership was declined (both of which are known as previous service). PERS employers must establish policies regarding payment of employer contributions and employer interest due for the previous service being purchased by an employee. The policy must be applied indiscriminately to all employees and former employees. Thus, it is our policy to:
pay the employer's contributions due on previous service; OR
not pay the employer's contributions due on previous service.
and to:
pay the outstanding interest due on the employer's contributions
for the previous service; OR
not pay the outstanding interest due on the employer's
contributions for the previous service.
II. Section 19-3-504, MCA
Payment of Interest on Employer Contributions for Workers' Compensation Time
A PERS member may purchase time during which the member is absent from service because of an employment-related injury entitling the member to workers' compensation payments. PERS employers are required to pay employer contributions and must establish a policy for the payment of interest on employer contributions due for the workers' compensation time being purchased by an employee. The policy regarding payment of interest must be applied to all employees similarly situated. Thus, it is our policy to:
pay the outstanding interest due on the employer's contributions
for the employee's purchase of workers' compensation time; OR
not pay the outstanding interest due on the employer's contributions
for the employee's purchase of workers' compensation time.
NAME OF EMPLOYER
Signature of Officer: ____________________________________________
Printed Name: ______________________________________________
Title of Officer: ______________________________________________
Dated:____________________, 20___.
Bozeman Public Schools
HUMAN RESOURCES
Policy 5255
Disciplinary Action
District employees who fail to fulfill their job responsibilities or to follow reasonable directions of their supervisors, or who conduct themselves on or off the job in ways that affect school operations, may be subject to discipline. Behavior, conduct, or action that may call for disciplinary action or dismissal includes but is not limited to reasonable job-related grounds based on a failure to satisfactorily perform job duties, disruption of the District’s operation, or other legitimate reasons.
Discipline will be reasonably appropriate to the circumstance and will include but not be limited to a supervisor’s right to reprimand an employee and the Superintendent or building principal’s right to suspend an employee, without pay, or to impose other appropriate disciplinary sanctions. Disciplinary sanctions, including all forms of reprimands, will be documented and placed in the employees personnel file in accordance with Policy 5231. In accordance with Montana law, only the Board may terminate an employee or non-renew employment.
The Superintendent or building principal is authorized to immediately suspend a staff member, with pay, in a non-disciplinary manner.
Cross Reference 5250 Termination or Non-Renewal of Employment/Dismissal from Employment
Legal Reference: § 20-3-324, MCA Powers and duties
§ 20-4-204, MCA Termination of tenure teacher services
§ 20-4-207, MCA Dismissal of teacher under contract
§ 39-2-903, MCA Definitions
§ 45-8-361, MCA Possession or allowing possession of a weapon in school building
– exceptions – penalties – seizure and forfeiture or return authorized – definitions.
Policy History:
Adopted on: 12/08/1986
Revised on: 6/14/1993, 9/12/1994
Bozeman Public Schools
HUMAN RESOURCES
Policy 5255
Disciplinary Action
District employees who fail to fulfill their job responsibilities or to follow reasonable directions of their supervisors, or who conduct themselves on or off the job in ways that affect school operations, may be subject to discipline. Behavior, conduct, or action that may call for disciplinary action or dismissal includes but is not limited to reasonable job-related grounds based on a failure to satisfactorily perform job duties, disruption of the District’s operation, or other legitimate reasons.
Discipline will be reasonably appropriate to the circumstance and will include but not be limited to a supervisor’s right to reprimand an employee and the Superintendent or building principal’s right to suspend an employee, without pay, or to impose other appropriate disciplinary sanctions. Disciplinary sanctions, including all forms of reprimands, will be documented and placed in the employees personnel file in accordance with Policy 5231. In accordance with Montana law, only the Board may terminate an employee or non-renew employment.
The Superintendent or building principal is authorized to immediately suspend a staff member, with pay, in a non-disciplinary manner.
Cross Reference 5250 Termination or Non-Renewal of Employment/Dismissal from Employment
Legal Reference: § 20-3-324, MCA Powers and duties
§ 20-4-204, MCA Termination of tenure teacher services
§ 20-4-207, MCA Dismissal of teacher under contract
§ 39-2-903, MCA Definitions
§ 45-8-361, MCA Possession or allowing possession of a weapon in
school building – exceptions – penalties – seizure
and forfeiture or return authorized – definitions.
Policy History:
Adopted on: 12/8/1986
Revised on: 6/14/1993, 9/12/1994, 1/25/2021
Bozeman Public Schools
HUMAN RESOURCES
Policy 5256
Reduction in Force
The Board has exclusive authority to determine the appropriate number of employees. A reduction in employees may occur as a result of but not be limited to changes in the education program, staff realignment, changes in the size or nature of the student population, financial considerations, or other reasons deemed relevant by the Board.
The Board will follow the procedure stated in the current collective bargaining agreement, if applicable, when considering a reduction in force. The reduction in employees will generally be accomplished through normal attrition when possible. The Board may terminate employees, if normal attrition does not meet the required reduction in force.
If no collective bargaining agreement covers the affected employee, the Board will consider needs of the students, employee performance evaluations, staff needs, and other reasons it deems relevant, in determining order of dismissal when it reduces classified staff or discontinues some type of educational service.
Cross Reference: 5250 Termination or Non-Renewal of Employment/Dismissal from Employment
Legal Reference: § 39-2-912, MCA Exceptions
Policy History:
Adopted on: 12/08/1986
Revised on: 6/14/1993, 4/28/2003, 1/25/2021
Bozeman Public Schools
HUMAN RESOURCES
Policy 5257
Employee Assistance Program
The Bozeman School District will provide an Employee Assistance Program that is intended to assist employees and their dependents in dealing with the personal problems that pose a threat to their health, well-being and/or possibly their jobs. The EAP may help with a wide range of problems employees face such as substance abuse, emotional problems, or other job-related or personal concerns. The scope of assistance will be limited to (1) initial assessment and referral; (2) up to three short-term counseling sessions with the District’s external EAP coordinator; and (3) awareness/education services on the effects of drug/alcohol or other addictions, stress management and/or other areas of personal problems. Subsequent services which may be indicated may be partially covered by applicable provision of health insurance, with the employee being responsible for the cost of any remainder of services provided. Confidential assistance is made available through special arrangements by the District with a confidential external EAP coordinator. The external EAP coordinator will provide the three areas of assistance identified as the scope of this program. The external EAP coordinator will coordinate with the Human Resources Department of the School District. No services, beyond the three listed in this policy as the scope of this program, will be provided to employees except those specifically covered in the District’s employee benefit plan for participating employees.
Implementation of this program will not require or result in any special regulations, privileges or exceptions from the standard job performance requirements. The Employee Assistance Program may be complementary to, but is not a substitute for, effective job performance.
Policy History:
Adopted on: 12/08/1986
Revised on: 2/11/1991, 11/11/1991, 9/14/1998, 1/25/2021
BOZEMAN PUBLIC SCHOOLS
HUMAN RESOURCES
Procedure 5257P
Employee Assistance Program
Motivation to accept treatment or counseling when necessary is the first requirement to restore an employee to an acceptable level of job performance. The following procedures are offered to facilitate implementation of the Employee Assistance Program:
Policy History:
Adopted on: 6/30/1989
Revised on: 2/11/1991, 9/14/1998
Bozeman Public Schools
HUMAN RESOURCES
Policy 5310
Compensation and Pay Plans
Compensation--Basis of Salary
For certified employees the basis for calculating all salary shall be the face contract amount expressed in terms of full-time or a percentage thereof.
For non-exempt classified employees the base of pay is the hour. For 12-month employees only the method for calculating monthly salary will be the hourly rate x 2080 hours divided by 12 (which will be prorated to the percentage of employment). Full-time classified positions are 40 hours per week. All Classified employees shall submit a time sheet and an appropriate authorization shall be issued before the commencement of work and the payment of wages.
Specific compensation levels for various classifications of the Bozeman Classified Employees Association (BCEA) are found in the current collective bargaining agreement. The Superintendent will establish pay rates for other classified employees not covered by a negotiated agreement and for classified and certified substitutes.
Stipends are in addition to base salary.
Classification System for Bozeman Classified Employees Association
The Bozeman Public Schools BCEA Classification System is based on the development of an appropriate job description for each position, an audit of current responsibilities, interviews with employees, their supervisors and administrative personnel, investigation criteria for placement in similar positions in other organizations, and research of salaries in comparable positions in the Gallatin valley, and appropriate comparable organizations statewide.
The pay and benefit programs for BCEA positions within the Bozeman Public Schools were initially established on a competitive base developed by Management Associates through extensive consultation. The Board of Trustees directed the Superintendent to develop a “criteria performance test” (yardstick). This test matches responsibility, human relations aspects, energy, integrity and confidentiality, education and skills, fiscal responsibility, working environment and job market variables as major factors affecting job classification. It is the intent of the Board of Trustees that the District conform to this uniform format for classifying positions in order to allow systematic application of graded criteria as developed in the “criteria performance test.”
At the time a search for a vacancy commences, the job description for the position will be revised and reclassified if needed. Reclassification shall follow the procedure established by the Superintendent. Requests for reclassification of grade or length of contract shall be initiated by the supervisor of the position. Employees within this unit may request grade changes in accordance with the negotiated agreement. Requests shall be reviewed by a committee of at least three individuals, including the Superintendent, Deputy Superintendent and Director of Human Resources, and a bargaining unit officer.
Educational Service Experience
Legal Reference: 39-3-104 M.C.A. Equal Pay for Women for Equivalent Service
39-3-404 M.C.A. Minimum Wage
Policy History:
Adopted: 12/08/1986
Revised: 7/12/1993, 1/24/2000, 10/25/2004
BOZEMAN PUBLIC SCHOOLS
HUMAN RESOURCES
Procedure 5310P
Classified Pay Plan/Classification System
Addition and Classification of New Positions
The following items require the Superintendent or appropriate designees’ approval:
Approval of increases of FTE.
Approval of overtime other than any discretionary overtime which the Superintendent may have delegated to an administrator or supervisor.
Allocation of approved FTE to buildings.
Allocation of transfers between buildings.
Approval of temporary short-term work year or contract extensions.
Responsibility
A committee of three administrators (Superintendent or designee,building/department administrator, Director of Human Resources and bargaining unit officer) will review recommendations for increases in grade for BCEA positions using the Performance Criteria Test.
Process
Performance Criteria Test Development
The attached “Performance Criteria Test” (yardstick) has the following general categories:
a. responsibility
b. human relations
d. integrity and confidentiality
e. education and skills
f. fiscal responsibilities
g. environment
h. job market variables
Each of the categories is further divided to allow for the proper designations of value. Specific numerical values are assigned to each sub-category.
"Position Descriptions” and “Task Analysis” data is then placed against these criteria in the performance criteria test, the points totaled and the position placed on grade.
Criteria Performance Test for Grade Placement
The following criteria are designed to weigh positions and place them on a graded pay scale system. While the values assigned are subjective, they represent as comprehensive a balance as is possible within the job tasks represented in the various classified positions in the district.
Responsibility: Measures the degree to which a job’s decisions are pre-determined by policy, rule or practice.
Assigned tasks in every situation 10 pts.
Tasks are performed with little or no choice as to alternative and usually 20 pts.
directly supervised
Assigned tasks require certain initiative and judgment in solving special problems 30 pts.
Tasks require considerable judgment in making important and/or costly decisions, 40 pts.
guided by policy and precedent
A high degree of good judgment is required to make decisions for which there are 50 pts.
few guideposts
Human/Student Relations: (Choose only one set from below.) Measures the requirements for having contacts with
other persons. The importance of this contact and its influence on the operating results must be considered.
Only routine contact with others for the purpose of furnishing or obtaining information 10 pts.
Frequent internal contacts--must employ tact to obtain positive results 20 pts.
Outside and inside contacts--have far-reaching public relations impact on the district 30 pts.
Outside and inside contact requiring finesse, judgment and ability to meet varying 40 pts.
individuals at many levels of influence
High level outside and inside contacts which may require knowledge and handling 50 pts.
of very sensitive information and mature ability to be able to handle crises at that level
OR
Some interaction with students in non-instructional situations 10 pts.
Some interaction with students for instructional purposes 20 pts.
High degree of interaction with students for instructional purposes 30 pts.
Requires high degree of interaction with special needs students, and may 40 pts.
Include duties which require personal hygiene care
Energy: Measures and compares application of concentration, energy and endurance under normal conditions.
Tasks requiring moderate physical or mental stress 10 pts.
Tasks requiring a higher degree of alertness and energy 20 pts.
Tasks requiring a high level of energy, alertness and awareness 30 pts.
Confidentiality: Measures the exposure in normal performance of duties to data, processes and confidentiality information, and the requirements for safeguarding such knowledge.
Not required to work with information, data or processes that are not 5 pts.
public knowledge.
Frequently works with materials or information which has minor confidential value. 10 pts.
Disclosure may cause minor embarrassment or effects.
Regularly required to work with data, processes or confidential information of 25 pts.
major importance which if disclosed may have major detrimental effect on District.
Complete confidentiality in handling matters, processes or information which have 35 pts.
great impact
Education and Skills: Measures the requirements for the use of educational background,
whether general, trade/technical, or professional to effectively perform the work.
High school or equivalent and/or special skills needed to function in the position 10 pts.
High school plus technical, secretarial, trade school or specialty training needed 20 pts.
to perform tasks required
College, business school, or advanced technical or secretarial training, or other 30 pts.
certification programs necessary
Specialized or extensive technical skills which are used to train and support staff 35-50 pts.
and faculty, trouble-shoot, problem-solve, conduct extensive diagnosis and
prescription, install equipment
Fiscal Responsibilities: Measures the degree of responsibility required in managing fiscal affairs.
Some management of petty cash, lunch tickets, or accounting for smaller budgets 15 pts.
Tasks require the frequent management of large sums of money and/or budget 25 pts.
expenditures
Daily tasks requiring knowledge of accounting budget expenditures, and/or 40 pts.
calculation of payroll compensation
Environment: Measures the comfort level of work area and the degree of risk to exposure of health hazards. Adherence to safety regulations by the employee is assumed.
Ideal facilities and surroundings with no job hazards. Office work normally 5 pts.
presents these conditions
Average conditions where some disagreeable elements may be present occasionally 15 pts.
but not continuously
Disagreeable conditions or features which can be adapted to within a short period 25 pts.
of time. Exposure to abnormal conditions not usually continuous nor severe
Constant noise, temperature variations, dampness, inadequate lighting, seating 35 pts.
or exposure to danger
Job Market Variables: Measures supply and demand for compensation in comparable positions in the local area
and other appropriate comparable organizations statewide.
**After analyzing the Performance Criteria Test above, the Reclassification Committee may elect to add points as needed to meet comparable compensation. Compensation includes wages and benefits.
Grade Numerical Value Configuration
Grade I 265 pts
Grade H 231 pts to 264 pts
Grade G No Point Equivalent
Grade F 198 pts to 230 pts
Grade E 165 pts to 197 pts
Grade D 132 pts to 164 pts
Grade C No Point Equivalent
Grade B 99 pts to 131 pts
Grade A 55 pts to 98 pts
Policy History:
Adopted on:
Revised on: 7/12/1993, 1/31/1995, 1/24/2000, 10/25/2004
Bozeman Public Schools
HUMAN RESOURCES
Policy 5312
Military Credit
New teachers will be allowed one year credit on the salary schedule, for one or more years of military service where active service interrupts employment in the District.
Policy History:
Adopted on: 12/08/1986
Revised on:
Bozeman Public Schools
HUMAN RESOURCES
Policy 5314
Substitutes
The Superintendent or designee will regularly approve a list of acceptable substitutes for classified and certified staff that meet the guidelines as prescribed in this policy. Appearance on the substitute list authorizes the administration to call upon a substitute to temporarily work for the District but does not guarantee employment.
All substitute employees will be required to undergo fingerprint and background checks.
All substitute employees are subject to District Policies during their term of service to the District. All substitute employees shall abide by student and staff confidentiality standards during their term of service to the District.
The Board authorizes the use of substitute teachers that appear on the list to replace teachers who are temporarily absent. The principal or Human Resource Department shall arrange for the substitute to work for the absent teacher. Under no condition is a teacher to select or arrange for their own substitute. A substitute teacher may be employed to carry on a teacher’s duties not to exceed 35 consecutive teaching days.
If the absence of the regular, licensed or authorized teacher continues for more than 35 consecutive teaching days, the District shall place a licensed teacher under contract or seek an emergency authorization of employment.
The Director of Human Resources annually establishes a daily rate of pay for substitute teachers. No fringe benefits are given to substitute teachers.
Substitutes for classified positions will be paid by the hour. When a classified employee is called upon to substitute for a teacher, the teacher sub rate shall apply unless the classified rate of pay is higher.
All substitute teachers will be required to undergo fingerprint and background checks in accordance with all applicable laws and policies. All substitutes are subject to District Policies during their term of service to the District. All substitutes shall abide by student and staff confidentiality standards during their term of service to the District.
Legal Reference: 10.55.716, ARM Substitute teachers
10.57.107, ARM Emergency Authorization of Employment
Policy History:
Adopted on: 12/08/1986
Revised on: 4/28/2003, 1/25/2021, 1/10/2022. 4/25/2022
Bozeman Public Schools
HUMAN RESOURCES
Procedure 5314P
Pay Plan -- Substitutes
Certified
Teacher substitutes will be paid for a full day or a half day or an hourly rate beyond the half day rate not to exceed 7 1/2 hours, but shall not be paid less than a half-day (unless in a temporarily contracted status).
A half-day consists of 3 3/4 hours for a teacher.
In the event that a substitute is called for work, and a teacher returns to their assigned duties in the interim, the substitute shall be paid no less than one-half day of pay. In such an event the substitute may at the discretion of the building principal be assigned other duties for the duration of the half day.
Long term subs will be paid the non-unit substitute rate for the first 34 consecutive days unless it is known in advance that the substitute will work in excess of thirty-five days. On the 35th day a long term sub will receive a long term substitute assignment. A day-to-day substitute teacher’s pay shall not be retroactive for the first 34 consecutive days. A long term substitute who is contracted by the District must be properly licensed. Benefits apply only after an individual is contracted and then only in accord with Board policies and the negotiated agreement. Such contracts are always considered temporary or interim in nature, and any such contract shall terminate upon the date immediately preceding the return of the regular teacher or no later than the last day of the then current school year. In either case, the individual employed as a substitute shall be notified of the temporary nature of the contract and its duration in writing at the time of employment.
Classified
Substitutes for classified positions will be paid by the hour.
Where a classified employee is called upon to substitute for a teacher, the teacher sub rate shall apply unless the classified rate of pay is higher, but there shall, of course, be no double pay for the same hour(s). If the classified employee works less than a half-day as a teacher sub and this work is in lieu of normal hourly work, the rate of pay shall be the greater of the employee's normal hourly rate or the hourly rate paid an on-duty contracted teacher for teaching an extra class, as prescribed by the negotiated agreement with the teacher.
Policy History:
Adopted on:
Revised on: 6/14/1993, 4/28/2003, 5/12/2016
Bozeman Public Schools
HUMAN RESOURCES
Policy 5315
Pay Plan -- Temporary Employees
Pay for temporary employees shall be determined by the Superintendent or designee.
Pay shall not generally be greater than the probationary level of an appropriate grade of the classified pay plan. Exceptions can be made by the Superintendent based on the needs of the District.
Policy History:
Adopted: 12/08/1986
Revised: 10/25/2004, 7/13/2026
Bozeman Public Schools
HUMAN RESOURCES
Policy 5315P
Pay Plan -- Temporary Employees
Temporary employees (such as substitutes, overflow paraprofessionals etc.) are eligible for compensation only as follows:
Policy History:
Adopted on: 5/21/2026
Revised on:
Bozeman Public Schools
HUMAN RESOURCES
Policy 5321
Leaves of Absence
Sick and Bereavement Leave
Certified employees will be granted sick leave according to terms of their collective bargaining agreement.
Classified employees will be granted sick leave benefits in accordance with § 2-18-618, MCA. For classified staff, “sick leave” is defined as a leave of absence, with pay, for a sickness suffered by an employee or an employee’s immediate family. Sick leave may be used by an employee when they are unable to perform job duties because of:
Nothing in this policy guarantees approval of the granting of such leave in any instance. The District will judge each request in accordance with this policy and governing collective bargaining agreements.
It is understood that seniority will accumulate while a teacher or employee is utilizing sick leave credits. Seniority will not accumulate, unless an employee is in a paid status. Abuse of sick leave is cause for disciplinary action up to and including termination of employment. The administration is authorized to request documentation or evidence supporting a leave request.
Immediate family is defined as an employee’s spouse and any member of the employee’s household, or any parent, child, grandparent, grandchild, or corresponding in-law.
Personal and Emergency Leave
Teachers will be granted personal and emergency leave according to terms of the current collective bargaining agreement. Upon recommendation of the Superintendent, and in accordance with law and District policy, classified staff may be granted personal leave pursuant to the following conditions:
Leaves for service on either a jury or in the Legislature will be granted in accordance with state and federal law.
An employee who is summoned to jury duty or subpoenaed to serve as a witness may elect to receive regular salary or to take annual leave during jury time. An employee who elects not to take annual leave, however, must remit to the District all juror and witness fees and allowances (except for expenses and mileage). The District may request the court to excuse an employee from jury duty, when an employee is needed for proper operation of the school.
Legal Reference: 42 U.S.C §2000e Equal Employment Opportunities
§ 2-18-601(15), MCA Definitions
§ 2-18-618, MCA Sick leave
§ 2-18-619, MCA Jury Duty – Service as Witness
§ 39-2-104, MCA Mandatory Leave of Absence for employees Holding public office
§ 49-2-310, MCA Maternity leave – unlawful acts of employers
§ 49-2-311, MCA Reinstatement to job following pregnancy- related leave
of absence
Policy History:
Adopted on: 12/08/1986
Revised on: 1/25/2021, 4/25/2022
Bozeman Public Schools
HUMAN RESOURCES
Procedure 5321P
Conditions for Use of Leave
Certified staff may use sick leave for those instances listed in the current collective bargaining agreement. Classified staff may use sick leave for illness; injury; medical disability; maternity-related disability, including prenatal care, birth, miscarriage, or abortion; parental leave for a permanent employee as provided in § 2-18-606, MCA; quarantine resulting from exposure to contagious disease; medical, dental, or eye examination or treatment; necessary care of or attendance to an immediate family member or, at the District’s discretion, another relative for the above reasons until other attendants can reasonably be obtained; and death or funeral attendance for an immediate family member. Leave without pay may be granted to employees upon the death of persons not included in this list.
Accrual and Use of Sick Leave Credits
Certified employees will accrue and may use their sick leave credits according to the current collective bargaining agreement.
Classified employees serving in positions that are permanent full-time, seasonal full-time, or permanent part-time are eligible to earn sick leave credits, which will accrue from the first (1st) day of employment. A classified employee must be employed continuously for a qualifying period of ninety (90) calendar days in order to use sick leave. Unless there is a break in service, an employee only serves the qualifying period once. After a break in service, an employee must again complete the qualifying period to use sick leave. Sick leave may not be taken in advance nor may leave be taken retroactively. A seasonal classified employee may carry over accrued sick leave credits to the next season if management has a continuing need for the employee or, alternatively, may be paid a lump sum for accrued sick leave credits when the season ends.
Employees, whether classified or certified, simultaneously employed in two (2) or more positions, will accrue sick leave credits in each position according to the number of hours worked or a proration of the contract (in the case of certified) worked. Leave credits will be used only from the position in which the credits were earned and with approval of the supervisor or appropriate authority for that position. Hours in a pay status paid at the regular rate will be used to calculate leave accrual. Sick leave credits will not accrue for those hours exceeding forty (40) hours in a workweek, which are paid as overtime hours or recorded as compensatory time. A full-time employee will not earn less than nor more than the full-time sick leave accrual rate provided classified employees.
When an employee who has not worked the qualifying period for use of sick leave takes an approved continuous leave of absence without pay in excess of fifteen (15) working days, the amount of time an employee is on leave of absence will not count toward completion of the qualifying period. The approved leave of absence exceeding fifteen (15) working days is not a break in service, and the employee will not lose any accrued sick leave credits nor lose credit for time earned toward the qualifying period. An approved continuous leave of absence without pay of fifteen (15) working days or less will be counted as time earned toward the ninety-(90)-day qualifying period.
As provided in 2-18-618, M.C.A., “An employee may not accrue sick leave credits while on a leave without pay status.”
Rate of Salary Compensation
An employee on authorized sick leave is entitled to the employee’s normal gross salary.
Sick Leave Requests
The District has established as its procedure that an employee who suffers a personal illness or disability need not fill out the standard “Request for Leave” form, although if the illness is to be an extended one it may be desirable to do so. If the sick leave is used for family illness as provided for and prescribed by an individual negotiated agreement, the District requires the “Request for Leave” form be submitted. The employee’s immediate supervisor or other appropriate authority is to be notified in the event of the need to exercise sick leave. The District reserves the right to require medical certification of sick leave charged against any sick leave credits, and routinely requires such medical certification in the instance of maternity-related sick leave or other disabling conditions.
Sick Leave Records
An employee’s sick leave credits earned and sick leave credits used are recorded through the personnel/payroll control system. Sick leave credits used are recorded to the nearest one-hour, and will not be recorded in units of less than one hour.
Adjustments to an employee’s accrual and use totals should be reported to the payroll clerk as part of the monthly time sheet for all classified employees. Leave for certified employees will be reconciled against substitute reports or in the case of certified employees not requiring a substitute, a monthly absence report will be submitted to payroll indicating any absences including personal illness.
An annual total of sick leave accumulation will be provided to each employee, generally shortly after the commencement of school.
Calculation of Sick Leave Credits
Certified employees will earn sick leave credits at the rate stated in the current collective bargaining agreement.
Full-time classified employees will earn sick leave credits at the rate of twelve (12) working days for each year of service. Sick leave credits will be prorated for part-time employees who have worked the qualifying period. The payroll office will refine this data by keeping records per hour worked.
Sick Leave Banks
In some instances, sick leave banks have been established through negotiated agreements which allow a unit to assess one day (prorated for part-time employees) from each unit employee to be placed in a bank which can be borrowed from by unit employees who have exhausted their own sick and vacation leave and are under the care of a physician as the result of a catastrophic illness or accident. The conditions of the sick bank use are detailed in the respective unit bargaining agreement.
Upon initiation of the sick leave bank for non-unit employees, each employee may contribute one day of sick leave to the sick leave bank. The maximum sick leave allocation will be 20 days for full time non-unit employees. At the beginning of each contract in which the bank has fallen below 40 days, each non-unit employee may contribute another one day of sick leave.
To be eligible for sick leave bank withdrawal, the following criteria must be met:
Nothing in this policy guarantees approval of the granting of such leave in any instance. Each request will be judged by the District in accordance with this policy and procedures.
Lump-Sum Payment on Termination of Classified Employees
When a classified employee terminates employment with the District, the employee is entitled to cash compensation for one-fourth (¼) of the employee’s accrued and unused sick leave credits, provided the employee has worked the qualifying period as follows:
Certified employees may accumulate up to 130 days (910 hours) of sick leave, or an amount prorated thereon and prescribed within an individual contract.
Classified employees in accordance with 2-18-618 (6) may accumulate sick leave credits without an upper limitation.
The value of unused sick leave is computed based on the employee’s salary rate at the time of termination. As required by 2-18-618 (6), M.C.A., “An employee who receives a lump-sum payment . . . and is again employed . . . shall not be credited with any sick leave for which the employee has previously been compensated.
Abuse of Sick Leave
This representation of the actual reason for charging an absence to sick leave is cause for progressive discipline up to dismissal and forfeiture of up to any lump-sum payment in addition to forfeiture of pay received for the abused reason plus any disciplinary penalties imposed.
Chronic, persistent or patterned use of sick leave may be subject to progressive discipline.
Absences improperly charged to sick leave may, at the District’s discretion, be charged to available paid leave time or leave without pay, and may similarly be cause for progressive discipline. Annual leave may be used at the mutual agreement of the employee and the District in the case of a classified employee.
Industrial Accident
An employee who is injured in an industrial accident may be eligible for workers’ compensation benefits. Use of sick leave must be coordinated with receipt of workers’ compensation benefits on a case-by-case basis, by contacting the Montana Schools Group Workers’ Compensation Risk Retention Program (WCRRP).
Sick Leave Substituted for Annual Leave
A classified employee who qualifies for use of sick leave while taking approved annual vacation leave, may be allowed to substitute accrued sick leave credits for annual leave credits. Medical certification of the illness or disability may be required.
Closing
Provisions of this policy not required by statute shall be followed unless they conflict with negotiated labor contracts or individual contracts, which will take precedence to the extent applicable. Insofar as classified employees are concerned, and insofar as additional policies may be required where not prescribed above, the District intends to utilize as its primary source Policy 3-0310 “Sick Leave” as found in Volume III, Montana Administrative Manual, “Personnel Policies and Procedures.”
Questions regarding the implementation of this policy should be referred to the Human Resources Office.
Legal Reference: § 2-18-601(15), MCA Definitions
§ 2-18-618, MCA Sick Leave
Policy History:
Adopted on: 6/14/1993
Revised on: 12/05/1996
Bozeman Public Schools
HUMAN RESOURCES
Policy 5322
Military Leave
Pursuant to the Uniformed Services Employment and Reemployment Rights Act (USERRA) and the Montana Military Service Employment Rights, the Superintendent shall grant military leave to employees for voluntary or involuntary service in the uniformed services of the United States, upon receipt of the required notice. Benefits shall be maintained for these employees as required by law and/or collective bargaining agreements. A service member who returns to the District for work following a period of active duty must be reinstated to the same or similar position and at the same rate of pay unless otherwise provided by law.
Time spent in active military service shall be counted in the same manner as regular employment for purposes of seniority or District service unless otherwise provided in a collective bargaining agreement.
The District will not discriminate in hiring, reemployment, promotion, or benefits based upon membership or service in the uniformed services.
All requests for military leave will be submitted to the Superintendent or designee, in writing, accompanied by copies of the proper documentation showing the necessity for the military leave request.
When possible, all requests for military leave will be submitted at least one (1) full month in advance of the date military service is to begin.
Persons returning from military leave are asked to give the Superintendent notice of intent to return, in writing, at least one (1) full month in advance of the return date. The District shall post notice of the rights, benefits, and obligations of the District and employees in the customary place for notices.
Legal Reference: 38 U.S.C. §§ 4301-4334 The Uniformed Services Employment and Reemployment
Act of 1994
§10-1-1004, MCA Rights under federal law
§10-1-1005, MCA Prohibition against employment discrimination
§10-1-1006, MCA Entitlement to leave of absence
§10-1-1007, MCA Right to return to employment without loss of benefits –
exceptions – definition
§10-1-1009, MCA Paid military leave for public employees
Policy History:
Adopted on: 1/25/2021
Revised on:
Bozeman Public Schools R
HUMAN RESOURCES
Policy 5325
Breastfeeding in the School and Workplace
Recognizing that breastfeeding is a normal part of daily life for mothers and infants and that Montana law authorizes mothers to breastfeed their infants where mothers and children are authorized to be, the District will support women who want to continue breastfeeding after returning from maternity leave.
The District shall provide reasonable unpaid break time each day to an employee who needs to express milk for a child. The District is not required to provide break time if to do so would unduly disrupt the District’s operations. Supervisors are encouraged to consider flexible schedules when accommodating employees’ needs. Building administrators are authorized to work with teachers to provide students necessary time to express milk for a child.
The District shall make reasonable efforts to provide a room or other location, other than a toilet stall, where an employee or student can express breast milk and access to a place to store expressed breast milk safely in accordance with generally accepted safety standards. The available space shall include the provision for lighting and electricity for the pump apparatus. If possible, supervisors and building administrators shall ensure that those employees or students in need of such accommodations are aware of them prior to maternity leave.
Legal Reference: § 39-2-215, MCA Public employer policy on support of women and breastfeeding –
unlawful discrimination
§ 39-2-216, MCA Private Place for nursing mothers
§ 39-2-217, MCA Break time for nursing mothers
37.111.811, ARM Physical Requirements
Policy History:
Adopted on: 4/09/2012
Revised on: 1/25/2021, 1/10/2022, 7/15/2024
Bozeman Public SchoolsHUMAN RESOURCES
Policy 5327
Leaves of Absence (Discretionary)
A Leave of Absence shall be defined as leave without pay or insurance benefits except that an employee on approved Leave of Absence without pay may elect to continue group benefits provided all costs are absorbed by the employee and are paid on a monthly basis in advance.
An employee who has worked in the Bozeman Public Schools for a minimum period of five consecutive years and who has been elected or contracted for the ensuing year is eligible to apply for a formal Leave of Absence.
A Leave of Absence may be granted to eligible employees for such reasons as disability leave (extended personal or family illness), parental leave (for the purpose of caring for a newborn child or a newly adopted child), exchange teaching, study in residence, extended travel, fulfillment of duties in an elected political office and military or alternative service such as Peace or Vista Corps, or for other purposes recommended by the Superintendent and approved by the Board of Trustees.
Employees on extended leaves shall generally be entitled to return to the same position which they held immediately before commencement of leave or to positions of comparable responsibility and remuneration; and carry-over without any loss of sick leave or years of service up to the time of the employee's approved leave, except that the employee shall not accrue sick leave, annual vacation leave nor additional service time toward seniority during any unpaid leave of absence.
A parental leave may be requested and may be approved upon completion of normal maternity leave benefits in the case of the mother and may be requested in the case of the father immediately upon childbirth. The length of a parental leave of absence shall be for the remaining balance of a semester or the balance of a full year (to June 30), or for a period of one regular school year in the event of a certified employee.
Individuals on Leave Without Pay status will not accrue experience on the salary schedule nor will they accrue service for purposes of computing salary.
The Superintendent may waive particular requirements enumerated above (3rd paragraph) in individual cases where discretionary leaves are requested, and may recommend approval of such leaves to the Board. Such recommendations will be on the basis of individual needs and shall not constitute a precedent under any collective bargaining agreement.
Extended and/or General Leave Requests (Discretionary)
The Board of Trustees reserves to itself final approval of all discretionary extended leave requests, whether with or without pay. This shall include those leaves under the Voluntary Career Development Plan, as well as discretionary leaves without pay.
The administration is directed to bring such leave requests to the Board for its approval as part of the regular personnel report.
Collective bargaining agreements or governing master agreements reached with the District's four units may stipulate additional requirements, and these have the force of Board policy.
Policy History
Adopted: 12/08/1986
Revised:
Bozeman Public Schools
HUMAN RESOURCES
Policy 5327P
Leaves of Absence (Discretionary)
Individuals otherwise qualifying for Leaves of Absence (Discretionary), and wishing to apply for a leave within the parameters provided by the Board's policy shall:
Generally, the administration will use the following criteria in assessing leaves:
Consult with the Superintendent or designee directly regarding any discretionary leave requested for some other reason since only the Superintendent can extend the purposes and make such recommendation to the Board.
Each request for a Leave of Absence (Discretionary) will be evaluated separately. These are discretionary leaves, and there is to be construed no precedent with respect to granting any leave from instance to instance.
Policy History:
Adopted on:
Revised on: 4/1987
Bozeman Public Schools R
HUMAN RESOURCES
Policy 5328
Family Medical Leave
In accordance with provisions of the Family Medical Leave Act of 1993 (FMLA), a leave of absence of up to twelve (12) weeks during a twelve-(12)-month period may be granted to an eligible employee for the following reasons: 1) birth of a child; 2) placement of a child for adoption or foster care; 3) a serious health condition which makes the employee unable to perform functions of the job; 4) to care for the employee’s spouse, child, or parent with a serious health condition; 5) because of a qualifying exigency (as the Secretary shall, by regulation, determine) arising out of the fact that the spouse or a son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation.
Servicemember Family Leave
Subject to Section 103 of the FMLA of 1993, as amended, an eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember shall be entitled to a total of twenty-six (26) workweeks of leave during a twelve-(12)-month period to care for the servicemember. The leave described in this paragraph shall only be available during a single twelve-(12)-month period.
Eligibility
An employee is eligible to take FMLA leave, if the employee has been employed for at least twelve (12) months and has worked at least one thousand two hundred fifty (1,250) hours during the twelve (12) months immediately prior to the date leave is requested, and there have been at least fifty (50) District employees within seventy-five (75) miles for each working day during twenty (20) or more workweeks in the current or preceding calendar year.
The Board has determined that the twelve-(12)-month period during which an employee may take FMLA leave is twelve (12) months backward from the date of FMLA leave.
Coordination of Paid Leave
Employees will be required to use appropriate paid leave while on FMLA leave. Workers’ compensation absences will not be designated FMLA leave.
Medical Certification
The Superintendent or designee has discretion to require medical certification to determine initial or continued eligibility under FMLA as well as fitness for duty.
Legal Reference: 29 U.S.C §2601, et seq. Family and Medical Leave Act of 1993
29 C.F.R. Part 825, Family and Medical Leave Regulations
§§2-18-601, et seq., MCA Leave Time
§§49-2-301, et seq., MCA Prohibited Discriminatory Practices
Section 585 – National Defense Authorization Act for FY 2008, Public Law [110-181]
Policy History:
Adopted on: 1/25/2021
Revised on:
Bozeman Public Schools
HUMAN RESOURCES
Procedure 5328P
Family Medical Leave
Who Is Eligible
Employees are eligible if they have worked for the District for at least one (1) year, and for one thousand two hundred fifty (1,250) hours over the previous twelve (12) months, and if there have been at least fifty (50) District employees within seventy-five (75) miles for each working day during twenty (20) or more workweeks in the current or preceding calendar year.
Benefit
Under certain conditions, eligible employees, if qualified, may be entitled to up to twelve (12) weeks or twenty-six (26) weeks leave with continuing participation in the District’s group insurance plan.
Reasons for Taking Leave
Unpaid leave will be granted to eligible employees for any of the following reasons:
Military Family Leave
An eligible employee who is a relative of a servicemember can take up to 26 weeks in a 12 month period in
in order to care for a covered servicemember who is seriously ill or injured in the line of duty.
An eligible employee can take up to the normal 12 weeks of leave if a family member is on covered active duty. Covered active duty includes duty of a member of a regular component of the Armed Forces during deployment to a foreign country, and duty of a member of a reserve component of the Armed Forces during deployment to a foreign country under a call or order to active duty in support of specified contingency operations.
Qualifying Exigencies include:
Substitution of Paid Leave
Paid leave will be substituted for unpaid leave under the following circumstances:
When Both Parents Are District Employees
If both parents of a child are employed by the District, they each are entitled to a total of twelve (12) weeks of leave per year. However, leave may be granted to only one (1) parent at a time, and only if leave is taken: (1) for the birth of a child or to care for the child after birth; (2) for placement of a child for adoption or foster care, or to care for the child after placement; or (3) to care for a parent (but not a parent-in-law) with a serious health condition.
If spouses are employed by the same employer, the aggregate number of weeks of leave that can be taken is twenty-six (26) weeks in a single twelve (12) month period for serviceperson leave or a combination of exigency and serviceperson leave. The aggregate number of weeks of leave that can be taken by a husband and wife who work for the same employer is twelve (12) weeks if for exigency leave only.
Employee Notice Requirement
The employee must follow the employer’s standard notice and procedural policies for taking FMLA.
Employer Notice Requirement (29 C.F.R. §825.300)
Employers are required to provide employees with notice explaining the FMLA through a poster and either a handbook or information upon hire. If an employee requests FMLA leave, an employer must provide notice to the employee within five (5) business days of whether the employee meets the FMLA eligibility requirements. If an employee is not eligible to take FMLA, the employer must provide a reason. The employer must also provide a rights and responsibilities notice outlining expectations and obligations relating to FMLA leave. If FMLA leave is approved by the employer, it must provide the employee with a designation notice stating the amount of leave that will be counted against an employee’s FMLA entitlement.
Notice for Leave Due to Active Duty of Family Member
In any case in which the necessity for leave is foreseeable, whether because the spouse or a son, daughter, or parent of the employee is on active duty or because of notification of an impending call or order to active duty in support of a contingency operation, the employee shall provide such notice to the employer as soon as is reasonable and practicable.
Requests
A sick leave request form is to be completed whenever an employee is absent from work for more than three (3) days or when an employee needs to be absent from work for continuing treatment by (or under the supervision of) a health care provider.
An employer may require that a request for leave be supported by a certification issued at such time and in such manner as the Secretary may by regulation prescribe. If the Secretary issues a regulation requiring such certification, the employee shall provide, in a timely manner, a copy of such certification to the employer.
Medical Certification
The District will require medical certification to support a request for leave or any other absence because of a serious health condition (at employee expense) and may require second (2nd) or third (3rd) opinions (at the employer’s expense) and a fitness-for-duty report or return-to-work statement.
Intermittent/Reduced Leave
FMLA leave may be taken “intermittently or on a reduced leave schedule” under certain circumstances. Where leave is taken because of birth or placement of a child for adoption or foster care, an employee may take leave intermittently or on a reduced leave schedule only with District approval. Where FMLA leave is taken to care for a sick family member or for an employee’s own serious health condition, leave may be taken intermittently or on a reduced leave schedule when medically necessary. An employee may be reassigned to accommodate intermittent or reduced leave. When an employee takes intermittent leave or leave on a reduced leave schedule, increments will be limited to the shortest period of time that the District’s payroll system uses to account for absences or use of leave.
Insurance
An employee out on FMLA leave is entitled to continued participation in the appropriate group health plan, but it is incumbent upon the employee to continue paying the usual premiums throughout the leave period. An employee’s eligibility to maintain health insurance coverage will lapse if the premium payment is more than thirty (30) days late. The District will mail notice of delinquency at least fifteen (15) days before coverage will cease.
Return
Upon return from FMLA leave, reasonable effort shall be made to place the employee in the original or equivalent position with equivalent pay, benefits, and other employment terms.
Recordkeeping
Employees, supervisors, and building administrators will forward requests, forms, and other material to payroll to facilitate proper recordkeeping.
Summer Vacation
The period during the summer vacation or other scheduled breaks (i.e., Christmas) an employee would not have been required to work will not count against that employee’s FMLA leave entitlement.
SPECIAL RULES FOR INSTRUCTIONAL EMPLOYEES
Leave More Than Five (5) Weeks Before End of Term
If an instructional employee begins FMLA leave more than five (5) weeks before the end of term, the District may require the employee to continue taking leave until the end of a semester term, if:
Leave Less Than Five (5) Weeks Before End of Term
If an instructional employee begins FMLA leave for a purpose other than that employee’s own serious health condition less than five (5) weeks before the end of term, the District may require the employee to continue taking leave until the end of a semester term, if:
Leave Less Than Three (3) Weeks Before End of Term
If an instructional employee begins FMLA leave for a purpose other than that employee’s own serious health condition less than three (3) weeks before the end of term, the District may require the employee to continue taking leave until the end of the academic term if the leave is longer than five (5) days.
Intermittent or Reduced Leave
Under certain conditions, an instructional employee needing intermittent or reduced leave for more than twenty percent (20%) of the total working days over the leave period may be required by the District to:
Procedure History:
Adopted on: 1/13/1997
Revised on: 8/10/2009, 1/24/2011
Bozeman Public Schools
HUMAN RESOURCES
Policy 5329
Long-Term Illness/Temporary Disability Leave
Employees may use sick leave for long-term illness or temporary disability, and, upon the expiration of sick leave, the Board may grant eligible employees leave without pay if requested. Medical certification of the long-term illness or temporary disability may be required, at the Board’s discretion.
Leave without pay arising out of any long-term illness or temporary disability shall commence only after sick leave has been exhausted. The duration of leaves, extensions, and other benefits for privileges such as health and long-term illness, shall apply under the same conditions as other long-term illness or temporary disability leaves.
Policy History:
Adopted on: 12/08/1986
Revised on: 1/25/2021
Bozeman Public Schools
HUMAN RESOURCES
Procedure 5329P
Long-Term Illness/Temporary Disability
The following procedures will be used when an employee has a long-term illness or temporary disability:
Policy History:
Adopted on: 1/25/2021
Revised on:
Bozeman Public Schools
HUMAN RESOURCES
Policy 5330
Maternity and Paternity Leave
The School District’s maternity leave policy covers employees who are not eligible for FMLA leave at Policy 5328. Maternity leave includes only continuous absence immediately prior to adoption, delivery, absence for delivery, and absence for post-delivery recovery, or continuous absence immediately prior to and in the aftermath of miscarriage or other pregnancy-related complications.
The School District shall not refuse to grant an employee a reasonable leave of absence for pregnancy or require that an employee take a mandatory maternity leave for an unreasonable length of time. The School District has determined that maternity leave shall not exceed twelve weeks unless mandated otherwise by the employee’s physician. Employees must use accumulated leave for maternity and paternity leave and upon the expiration of accumulated leave be placed on unpaid leave.
The School District shall not deny to the employee who is disabled as a result of pregnancy any compensation to which the employee is entitled as a result of the accumulation of disability or leave benefits accrued pursuant to plans maintained by the employer, provided that the employer may require disability as a result of pregnancy to be verified by medical certification that the employee is not able to perform employment duties.
An employee who has signified their intent to return at the end of their maternity leave of absence shall be reinstated to their original job or an equivalent position with equivalent pay and accumulated seniority, retirement, fringe benefits, and other service credits.
The School District will review requests for Paternity Leave in accordance with any applicable policy or collective bargaining agreement provision governing use of leave for family purposes.
Legal Reference: § 49-2-310, MCA Maternity leave – unlawful acts of employers
§ 49-2-311, MCA Reinstatement to job following pregnancy-related leave of absence
Admin. R. Mont. 24.9.1201—1207 Maternity Leave
Policy History:
Adopted on:
Revised on: 7/15/2024
Bozeman Public Schools
HUMAN RESOURCES
Policy 5331
Insurance Benefits for Employees
It is the policy of the Bozeman Public Schools that newly contracted employees will be eligible for insurance benefits offered by the District for the particular bargaining unit to which the employee belongs, with the exceptions noted below:
Employees are responsible for selecting their benefits and ensuring that the premiums are paid in regards to these elections. Benefit elections are made dependent on the number of hours worked per week, as follows:
Benefits will be automatically waived, unless they elect coverage within 31 days from their eligibility start date or before the deadline of an open enrollment period.
Employee will automatically be enrolled in the least expensive, employee only health plan option unless the health plan is waived or another plan is selected within 31 days from their eligibility start date or before the deadline of an open enrollment period.
If the number of hours worked are not sufficient to cover the full cost of the premium, the employee is responsible to self-pay the difference to the Benefits Specialist within 15 days of payday.
Anniversary dates of the health and dental insurance policies for the District shall be September 1 through August 31.
Legal Reference: 2-18-702 MCA Group Insurance for Public Employees and Officers
2-18-703 MCA Contributions
Policy History:
Adopted on: 12/08/1986
Revised on: 6/24/1991, 1/25/1993, 8/08/1994, 8/10/2015, 1/25/2021, 6/14/2021
Bozeman Public Schools
HUMAN RESOURCES
Policy 5333
Holidays
Holidays for certified staff are dictated in part by the school calendar. Temporary employees will not receive holiday pay. Part-time employees will receive holiday pay on a prorated basis.
The holidays required for classified staff, by § 20-1-305, MCA, are:
When an employee, as defined above, is required to work any of these holidays, another day shall be granted in lieu of such holiday, unless the employee elects to be paid for the holiday in addition to the employee’s regular pay for all time worked on the holiday.
When one of the above holidays falls on Sunday, the following Monday will not be a holiday. When one of the above holidays falls on Saturday, the preceding Friday will not be a holiday.
When a holiday occurs during a period in which vacation is being taken by an employee, the holiday will not be charged against the employee’s annual leave.
Legal Reference: § 20-1-305, MCA School holidays
37 A.G. Op. 150 (1978)
Policy History:
Adopted on: 1/25/2021
Revised on:
Bozeman Public Schools
HUMAN RESOURCES
Policy 5334
Vacations
Classified employees, Executive Director of Business and Operations/District Clerks, and Superintendents will accrue annual vacation leave benefits in accordance with §§ 2-18-611, 2-18-612, 2-18-614 through 2-18-617 and 2-18-621, MCA. Nothing in this policy guarantees approval for granting specific days as annual vacation leave in any instance. The District will judge each request for vacation in accordance with staffing needs.
Employees are not entitled to any vacation leave with pay until they have been continuously employed for a period of six (6) calendar months.
Legal Reference: § 2-18-611, MCA Annual vacation leave
§ 2-18-612, MCA Rate earned
§ 2-18-617, MCA Accumulation of leave – cash for unused – transfer
Policy History:
Adopted on: 12/08/1986
Revised on: 1/25/1993, 6/08/1998, 1/25/2021
Bozeman Public Schools
HUMAN RESOURCES
Procedure 5334P
Vacations
Accrual and Eligibility to use Vacation Leave
All classified employees, except those in a temporary status, serving in the Bozeman Public Schools for more than six months are eligible to earn vacation leave credits in accordance with 2-18-611 M.C.A. and 2-18-612 M.C.A. In accordance with 2-18-611 (5) M.C.A., temporary employees are excluded from earning annual vacation leave, except that a temporary employee who is subsequently hired into a permanent position within this District without a break in service and temporary employees who are employed continuously longer than six months, shall earn retroactive vacation leave credits for the preceding continuous period of temporary employment.
All classified employees, except those in a temporary status, serving more than six (6) months, are eligible to earn vacation leave credits retroactive to the date of employment. Leave credits may not be advanced nor may leave be taken retroactively. A seasonal employee’s accrued vacation leave credits may be carried over to the next season, if management has a continuing need for the employee, or paid out as a lump-sum payment to the employee when the season ends (generally in June). The employee may request a lump-sum payment at the end of each season.
A person simultaneously employed in two or more positions within the District will accrue vacation leave credits in each position according to the number of hours worked, unless one of the positions is a certified or otherwise non-exempt position. However, a person may not work more than 40 hours a week nor accumulate annual vacation leave in a pro-rated amount that would exceed that available to a 40-hour per week employee. Hours in a pay status period at the regular rate will be used to calculate leave accrual. Vacation leave credits will not accrue for those hours exceeding 40 hours in a work week that are paid as overtime hours or are recorded as compensatory time hours. A full-time District employee shall not earn less than nor more than the full-time annual leave accrual rate provided by A.R.M. 2.21.223. As provided in 2-18-611 (4), M.C.A. “An employee may not accrue annual vacation leave credits while in a leave-without-pay status.
Calculating Annual Vacation Leave
As provided in 2-18-612 M.C.A., “Vacation Leave credits are earned at a yearly rate calculated in accordance with the following schedule, which applies to the total years of an employee’s employment with any agency, whether the employment is continuous or not.” For purposes of interpreting this paragraph, “Agency” means, as provided in 2-18-601 (1) M.C.A., “Any legally constituted department, board, or commission of state, county, or city government, or any political sub-division thereof.”
Vacation is earned according to the following schedule:
RATE-EARNED SCHEDULE
Years of Working Days
1 day - 10 years 15
10 - 15 years 18
15 - 20 years 21
20 years on 24
Time as an elected state, county, or city official, as a school teacher, or as an independent contractor, does not count toward the rate earned. For purposes of this paragraph, an employee of a district or the university system is eligible to have school district or university employment time count toward the rate-earned schedule, if that employee was eligible for annual leave in the position held with the school district or university system.
Maximum Accrual of Vacation Leave
All full-time and part-time employees serving in permanent and seasonal positions may accumulate two (2) times the total number of annual leave credits they are eligible to earn per year, according to the rate-earned schedule.
Sick Leave Bank
An employee may contribute accumulated vacation leave to the sick leave bank provided for in § 2-18-618, MCA. Donation of vacation leave credits to and use of vacation leave credits in the sick leave bank are governed by terms of the current collective bargaining agreement.
Annual Pay-Out
The District may, in its sole discretion and/or subject to the terms of a collective bargaining agreement, provide cash compensation in June of each year for unused vacation leave in lieu of the accumulation of vacation leave.
Rate of Salary Compensation
An employee on authorized vacation leave will be entitled to the employee’s normal gross salary. An employee retiring who has accumulated vacation leave shall receive normal gross salary for each hour of accumulated vacation leave.
Vacation Leave Requests
The dates when an employee’s annual vacation leave shall be granted shall be determined by agreement between each employee and the District, with regard to the best interests of the District but not overlooking the best interests of each employee. Where the interest of the District requires the employee’s work or attendance at duties, the District’s interests overrides the employee’s interest.
An employee of the District requesting vacation shall complete a “Request for Leave” form in advance, and shall submit that form to their designated supervisor who shall review and approve or disapprove, and forward if approved to the Human Resources office or the next administrative tier as indicated on the form (as in the case of food service, Facilities, special education, etc.)
Generally 180 day (9 1/4 or 10-month employees will not be granted vacation during the school term except for compelling reasons. Individual departments may program vacation during certain seasons when workloads are more flexible and/or substitutes need not be engaged.
The District shall not approve annual leave which results in a total of more than 40 hours in a pay status for any work week. Also, in no case may the number of hours of annual leave taken exceed the number of hours the employee is regularly scheduled to work. Vacation leave credits in the Bozeman Public Schools must be taken in minimum increments of one hour.
Vacation Leave Records
An employee’s vacation leave credits earned and vacation leave credits used must be recorded by the personnel/payroll control system. Approval is made on the “Request for Leave” form, and this form is reconciled to the time sheet. Adjustments to an employee’s accrual and used totals are then made. A monthly report of vacation credits will be made to each employee included in their pay stub.
Absence Due to Illness
As provided in 2-18-615, M.C.A., “Absence from employment by reason of illness shall not be chargeable against unused vacation leave credit unless approved by the employee.”
Lump-Sum Payment Upon Termination
An employee who terminates employment for reasons not reflecting discredit on the employee shall be entitled, upon the date of such termination, to cash compensation for unused vacation leave, assuming that the employee has worked the qualifying periods set forth in § 2-18-611, MCA. The District shall not pay accumulated leaves to employees who have not worked the qualifying period. Vacation leave contributed to the sick leave bank is nonrefundable and is not eligible for cash compensation upon termination.
Closing
Provisions of this policy not required by statute shall be followed unless the provisions conflict with negotiated labor contracts or individual employment contracts, which shall take precedence to the extent applicable.
Legal Reference: §§ 2-18-611 ---- § 2-18-618, MCA Leave Time
Policy History:
Adopted on: 1/25/1993
Revised on: 5/01/1997, 1/25/2021
Bozeman Public Schools R
HUMAN RESOURCES
Policy 5336
Fair Labor Standards Act
Compensatory Time and Overtime for Classified Employees
Non-exempt classified employees who work more than forty (40) hours in a given workweek may receive overtime pay of one and one-half (1½) times the normal hourly rate, unless the District and the employee agree to the provision of compensation time at a rate of one and one-half (1½) times all hours worked in excess of forty (40) hours in any workweek. The Superintendent or designee must approve any overtime work of a classified employee.
Under Montana law and the Federal Fair Labor Standards Act, a classified employee may not volunteer to work without pay in an assignment similar to the employee’s regular work.
A non-exempt employee who works overtime without authorization may be subject to disciplinary action.
Blended Time
Classified Employees working two or more jobs for the District at different rates of pay shall be paid overtime at a weighted average of the differing wages. This shall be determined by dividing the total regular remuneration for all hours worked by the number of hours worked in that week to arrive at the weighted average. One half that rate is then multiplied times the number of hours worked over 40 to arrive at the overtime compensation due.
Example: Employee works one job at 30 hrs./week at 10.00/hr. The same employee works a different job at 20 hrs./week at $12.00/hr. (Same district). The employee would get $300.00 per week for the 30 hr/week job ($10.00X30) and $240.00 per week for the 20 hr./week job ($12.00X20). A total of $540.00 (regular remuneration). Divide $540.00 by 50(total hours worked) = $10.8/hr (weighted average). One-half that rate ($10.80/2 = $5.40)is multiplied by 10 (number of hours over 40). $54.00 is the amount of overtime compensation due the employee based on the “blended time”.
Record-Keeping Requirements Under the Fair Labor Standards Act
Legal Reference: 29 U.S.C § 201, et seq. Fair Labor Standards Act
24.9.805, ARM Employment Records
Title 39, Chapter 3, Part 4 Minimum Wage and Overtime Compensation
24.16.2501—2581, ARM Overtime Compensation
Policy History:
Adopted on: 12/08/1986
Revised on: 10/08/2007, 1/25/2021
Bozeman Public Schools
HUMAN RESOURCES
Policy 5337
Workers’ Compensation Benefits
All employees of the District are covered by workers’ compensation benefits. In the event of an industrial accident, an employee should:
The administrator will notify the immediate supervisor of the report and will include the immediate supervisor as necessary in completing the required report.
An employee who is injured in an industrial accident may be eligible for workers’ compensation benefits. By law, employee use of sick leave must be coordinated with receipt of workers’ compensation benefits, on a case-by-case basis, in consultation with the Workers’ Compensation Division, Department of Labor and Industry.
The District will not automatically and simply defer to a report of industrial accident but will investigate as it deems appropriate to determine: (1) whether continuing hazardous conditions exist which need to be eliminated; and (2) whether in fact an accident attributable to the District working environment occurred as reported. The District may require the employee to authorize the employee’s physician to release pertinent medical information to the District or to a physician of the District’s choice, should an actual claim be filed against the Workers’ Compensation Division, which could result in additional fees being levied against the District.
An employee who elects to receive Workers’ Compensation benefits shall, upon commencement of the benefits, be considered in a Leave Without Pay status, and shall no longer be eligible for District group insurance benefits except to the extent provided for all employees on Leave Without Pay status, i.e. that all premiums are due in advance on a monthly basis for the duration of the Leave Without Pay. The District will discontinue its contributions for group insurance (health, dental, life) on behalf of any employee on a Leave Without Pay status at the end of the month in which Leave Without Pay commences.
Legal Reference: §§ 39-71-101, et seq., MCA Workers’ Compensation Act
Policy History:
Adopted on: 12/08/1986
Revised on: 6/14/1993
Bozeman Public Schools
HUMAN RESOURCES
Policy 5338
Payment of Interest on Employer Contributions for Workers’ Compensation Time
An employee absent because of an employment-related injury entitling the employee to workers’ compensation payments may, upon the employee’s return to service, contribute to the retirement system an amount equal to the contributions that would have been made by the employee to the system on the basis of the employee’s compensation at the commencement of the employee’s absence plus regular interest accruing from one (1) year from the date after the employee returns to service to the date the employee contributes for the period of absence.
The District has the option to pay, or not pay, the interest on the employer’s contribution for the period of absence based on the salary as calculated. If the employer elects not to pay the interest costs, this amount must be paid by the employee.
It is the policy of this District to not pay the interest costs associated with the employer’s contribution.
Cross Reference: 5254F Employer Payment Policy Form
Legal Reference: §§ 19-3-504, MCA Absence due to illness or injury.
Policy History:
Adopted on: 1/25/2021
Revised on:
Bozeman Public Schools
HUMAN RESOURCES
Policy 5340
Certified Staff Professional Development
The Bozeman Public Schools recognizes that additional training and study as well as occasional other professionally-related activities are necessary for the continued growth and ability of district employees.
Professional Development Days:
In compliance with the State Board of Public Education Accreditation Standard 10.55.714, PROFESSIONAL DEVELOPMENT:
"The district shall provide as part of a continuous program for the improvement of instruction, a minimum of three (3) days of professional development annually for each certified employee in the district. A day of professional development is defined as six (6) hours of actual contact time."
Each year by June 1st, the Board shall cause the district to develop a plan for employee professional development that includes the following elements:
1. Goals and objectives that state the appropriate professional needs of teachers, administrators and other professional personnel in accordance with the District’s Five-year Comprehensive Education plan.
2. Activities that meet the goals and objectives of the District’s Long Range Strategic plan.
3. Methods of evaluation that measure the effectiveness of each activity.
The Board of Trustees shall establish a Professional Development Committee in accordance with state accreditation standards to consider and recommend the Professional Development plan for Board adoption. This committee shall include, but not be limited to, teachers, administrators, and board members. The majority of the committee members will be teachers and half the number of teachers plus one will be appointed by the Association. The committee will generally meet one hour each month throughout the school year, but may meet more frequently as a majority of the committee determines. Committee members will be provided a minimum of one day of compensation at the per diem rate and/or one release day a year for planning. Committee members will also be given time following each meeting to provide information at the subsequent faculty meeting.
The plan shall be adopted and evaluated by the Board, and shall be on file in the office of the Superintendent. It shall be available to employees and patrons of the Bozeman Public Schools.
Release Time For Professional Development:
The Board of Trustees recognizes that the professional personnel of the school district will occasionally want to attend professionally-related activities such as conventions, committee meetings, workshops, seminars, institutes, visitations and other activities that are related to the education profession in a general sense. Attached procedures will serve as a guideline to the requests and approval of released time for such attendance.
Consultation By Certified Employees:
Occasionally professional staff ask for leave in order to consult outside the district. On a limited basis this type of professional activity may be permitted. A professional who is absent a few times during the year for this purpose may be contributing to the profession and to the district. On the other hand, if a teacher were absent from their classroom duties many times during the year, the loss of instruction for our students would likely not be offset by the other benefits. The guidelines to be used relative to these requests are:
2. Such an individual may use professional leave for consulting work if approved by the building principal subject to review and final approval by the Assistant Superintendent. The principal's decision should consider such factors as:
a. The total number of absences of the employee for all purposes during the year.
b. The professional value of the consulting services to be provided by the employees.
c. Maintenance of program effectiveness in the employee’s absence.
d. Availability of competent substitutes.
e. Arrangements for substitute pay (see No. 3 below).
3. The beneficiary of the staff member's consultation service will reimburse the school district for the cost of the substitute's pay. These arrangements are the responsibility of the consulting professional and must be arranged with the business office.
4. Where a certified employee has vacation or a variable schedule, days used for consultation shall be the sole concern of the employee provided of course that the employee's calendar or vacation has been approved by their supervisor.
Salary Schedule Advancement:
Professional employees shall advance on the district's salary schedule as agreed in the relevant and most current negotiated agreement.
Unless otherwise specified, courses and in-service programs conducted or sponsored by the district shall not be accepted for advancement on the district's salary schedule; nor shall in-service activities during school hours as an integral part of the employee's employment be considered for advancement on the salary schedule.
District professional employees who wish to secure credit toward salary advancement shall submit a Course Approval Form and description of the course(s) to the Human Resources office in advance of registration.
Legal Reference: 10.55.205(1) A.R.M. Supervisory & Administration Time
20-1-304 M.C.A. Pupil-Instruction-Related Day
Policy History:
Adopted: 12/08/1986
Rev. 1/27/2003
Bozeman Public Schools
HUMAN RESOURCES
Procedure 5340P
Certified Staff Professional Development
RELEASE TIME FOR PROFESSIONAL DEVELOPMENT AND RELATED ACTIVITIES:
The following are guidelines for professional development and related activities release approval for certificated employees:
When a request is granted, the District shall continue the payment of the regular salary of the employee. The substitute's salary shall be paid only when the release time is for the purposes of attending an activity which will provide specific improvement of the employee's educational competencies, and the district desires such attendance. The cost of the substitute incurred during absences for professional organization business meetings will be paid by the individual employee. No travel or per diem reimbursement will generally be made for travel in such instances.
The annual teachers’ convention is, within the Collective Bargaining Agreement between School District No. 7 and the Bozeman Education Association, understood to be such a professionally-related activity. Teachers will be released to attend this convention without loss of pay to attend this convention annually. There will not be reimbursement for travel or per diem expenses.
Educational Credit:
Some professional conferences offer participants an optional opportunity to enroll for credit. The following guidelines pertain to these situations:
The above is construed to be consistent with both Master Contract provision 15.7 and 15.8. Provisions regarding notice of intent to advance on the salary schedule and/or prior approval of in-service credit apply.
Doctoral Programs:
In those instances where a teacher or administrator of the Bozeman Public Schools is working on a doctorate program and finds that a required course for the doctoral program is neither offered in the evenings nor during the summer, the district will cooperate to whatever extent feasible to support the teacher or administrator taking the required course during the school day. This may imply, if practical, adjusting the teaching day or teaching load, adjusting the duty day, providing time off for a duration of up to ten weeks of leave without pay, etc.
Policy History:
Adopted on: 1/27/2003
Revised on:
Bozeman Public Schools
HUMAN RESOURCES
Policy 5342
Incentive Award System
Philosophy
Often front-line employees who have a personal day-to-day involvement with the operation of the school district can more readily determine cost saving measures than can managers with broad areas of responsibility. The district desires and needs to conserve resources and cut operational costs wherever possible. Employees who are able to make suggestions which effect significant savings to the district should receive some personal benefit for their ideas.
Incentive Awards
Employees who make suggestions for cost saving measures may receive an incentive award of 10% of the demonstrated first year savings to the school district with $50 being the minimum and $1000 being the maximum award. The funds for each award are to be expended from the budget category where the savings occurs.
Eligible Persons
All employees of the school district except administrative staff are eligible to participate in the incentive award program.
Criteria
The following criteria shall apply in determining the appropriateness of an incentive award:
Policy History:
Adopted: 12/08/1986
Revised:
Bozeman Public Schools
HUMAN RESOURCES
Policy 5343
Interviewing/Moving Expenses
The Bozeman Public School District recognizes that both administrative candidates seeking employment with the District and newly-hired administrators who reside outside the Bozeman area will incur expenses relative to seeking a position with the District and/or relocating in Bozeman.
Interviewing Expenses
In general, the District shall pay the reasonable expenses incurred by candidates invited to Bozeman by the District for the purpose of being interviewed for administrative vacancies. The superintendent is authorized to develop procedures for determining reasonable reimbursement amounts. Expenses which shall be paid include meal and lodging expenses, transportation costs (either by the most direct economy air route or by personal automobile at the minimum reimbursement scheduled for District employees, whichever is less), and other reasonable expenses while in Bozeman (e.g. airport limousine, etc.). The reimbursement schedule of allowable expenses shall not exceed that prescribed for District employees.
Prior to departure to Bozeman, the superintendent and each administrative candidate shall establish the length of time and the expenses that shall be considered reasonable in the individual's situation.
In certain instances the superintendent may make exceptions to the general policy:
In general the District shall pay none of the expenses incurred by newly-hired classified, teaching or other non-administrative employees as a part of their move to the Bozeman area.
In general the District shall pay the actual costs of a rental truck (i.e. U-Haul, Ryder, etc.) from their point of hire to the Bozeman area for newly-employed administrative employees.
In certain instances the superintendent may make exceptions to the general policies:
Policy History:
Adopted: 12/08/1986
Revised: 8/10/2009
Bozeman Public Schools
HUMAN RESOURCES
Procedure 5343P
Interviewing/Moving Expenses
In accordance with Board policy, the following procedures will be followed:
Policy History:
Adopted on: 8/10/2009
Revised on: 9/27/2021
Bozeman School District
HUMAN RESOURCES
Policy 5420
Paraprofessionals
Paraprofessionals, as defined in the appropriate job descriptions, are under the supervision of a principal and a teacher to whom the principal may have delegated responsibility for close direction. The nature of the work accomplished by paraprofessionals will encompass a variety of tasks that may be inclusive of “limited instructional duties.”
Paraprofessionals are employed by the District mainly to assist the teacher. A paraprofessional is an extension of the teacher, who legally has the direct control and supervision of the classroom or playground and responsibility for control and the welfare of the students.
It is the responsibility of each principal and teacher to provide adequate training for a paraprofessional. This training should take into account the unique situations in which a paraprofessional works and should be designed to cover the general contingencies that might be expected to pertain to that situation. During the first thirty (30) days of employment, the supervising teacher or administrator shall continue to assess the skills and ability of the paraprofessional to assist in reading, writing, and mathematics instruction.
The Superintendent shall develop and implement procedures for an annual evaluation of paraprofessionals. Evaluation results shall be a factor in future employment decisions.
If the school receives Title I funds, the District shall notify parents of students attending the school annually that they may request the District to provide information regarding the professional qualifications of their child’s paraprofessionals, if applicable.
Legal Reference: 20 U.S.C. § 6319 Qualifications for teachers and paraprofessionals
Policy History:
Adopted on: 12/08/1986
Revised on: 1/21/2021
Bozeman Public Schools
HUMAN RESOURCES
Form 5420F
ESSA Qualification Notifications
Annual Notification - Option to Request Professional Qualifications
TO: ______________________________________ FROM _______________________
Parent’s Name School Name
DATE ________________ RE _______________________________ GRADE _________
Student’s Name
Dear Parent/Guardian,
Because our District receives federal funds for Title I programs as a part of the Every Student Succeeds Act (ESSA), you may request information regarding the professional qualifications of your child’s teacher(s) and paraprofessional(s), if applicable.
If you would like to request this information, please contact _____________________________ by phone at ___________________________ or by e-mail at __________________________.
Sincerely, _________________________________
Principal/designee
Policy History:
Adopted on:
Revised on:
Bozeman Public Schools
HUMAN RESOURCES
Policy 5430
Volunteers
The District recognizes the valuable contributions made to the total school program by members of the community who act as volunteers. By law, a volunteer is an individual who:
District employees who work with volunteers shall clearly explain duties for supervising children in school, on the playground, and on field trips. An appropriate degree of training and/or supervision of each volunteer shall be administered commensurate with the responsibility undertaken.
Volunteers who have unsupervised access to children are subject to the District’s policy mandating background checks.
The superintendent shall develop and implement procedures for the utilization of volunteers within the District.
Volunteers who are formally acting on behalf of and are assisting in school projects shall be covered by the District's liability insurance. This does not alleviate a volunteer, as is the case with an employee, from exercising appropriate judgment and responsibility in the discharge of all duties in accordance with the policies of the Board of Trustees of School District No. 7, Bozeman Public Schools.
Chaperones
The Superintendent may direct that appropriate screening processes be implemented to assure that adult chaperones are suitable and acceptable for accompanying students on field trips or excursions.
When serving as a chaperone for the District, the parent(s)/guardian(s) or other adult volunteers, including employees of the District, assigned to chaperone, shall not use tobacco products in the presence of students, nor shall they consume any alcoholic beverages or use any illicit drug during the duration of their assignment as a chaperone, including during the hours following the end of the day’s activities for students. The chaperone shall not encourage or allow students to participate in any activity that is in violation of District policy during the field trip or excursion, including during the hours following the end of the day’s activities. Chaperones shall be given a copy of these rules and sign a letter of understanding verifying they are aware of and agree to these District rules before being allowed to accompany students on any field trip or excursion.
Any chaperone found to have violated these rules shall not be used again as a chaperone for any District sponsored field trips or excursions and may be excluded from using District-sponsored transportation for the remainder of the field trip or excursion and be responsible for their own transportation back home. Employees found to have violated these rules may be subject to disciplinary action.
Cross Reference: 5122 Fingerprints and Criminal Background Investigations
5430F Volunteer Agreement Form
Policy History:
Adopted on: 12/08/1986
Revised on: 1/25/2021
Bozeman Public Schools
HUMAN RESOURCES
Procedure 5430P
Volunteers
Each certified employee who wishes to utilize the services of a volunteer shall make the request through established administrative channels.
The District shall expect the following:
a. general job responsibilities and limitations;
b. information about school facilities, routines and procedures;
c. work schedule(s) and place of work;
d. the expected relationship with the regular staff.
As a general rule, volunteers shall be utilized in ways that enhance the educational efforts of the District. Examples of activities for volunteers may include:
Policy History:
Adopted on: 12/08/1986
Revised on:
Form 5430F VOLUNTEER AGREEMENT FORM
COACH/HELPER/AIDE/CHAPERONE
I, ________________________________ (the Volunteer) hereby agree to serve Bozeman Public Schools (the District) on a volunteer basis as a ________________________________.
Please initial next to each statement:
_____ The Volunteer understands any volunteer services will not be compensated now or in the future.
_____ The Volunteer has been informed and understands that volunteer services rendered do not create an employee-employer relationship between the Volunteer and the District for the position stated above.
_____ The Volunteer understands that the District may not carry worker's compensation insurance and
does not carry medical insurance for a person serving as a volunteer in the position stated above.
_____ The Volunteer understands that the mutually established schedule of services for the position stated above carries no obligation for either party and may be adjusted at any time.
_____ The Volunteer understands that services as a volunteer may be terminated at any time.
_____ The Volunteer understands that they are under the direction of the school district at all times during their service as a volunteer and must follow directives given by district employees.
_____ The Volunteer understands that they are to follow all laws, policies, and rules regarding student and employee confidentiality during their service as a volunteer.
_____ The Volunteer understands that they are to follow district policy as well as local, state, federal and other applicable law during their service as a volunteer.
_____ The Volunteer understands that they are not to use alcohol, tobacco or other drugs around students at any time whether on school property or not.
_____ The Volunteer understands that they are not to encourage students to violate district policy. The Volunteer further understands that if they observe a student violating district policy they are to report the behavior to the supervising district employee immediately.
_____ The Volunteer understands that any violation of this agreement, district policy or any local, state, federal or other applicable law can result in permanent termination of volunteer privileges and possible legal action.
_____ The Volunteer is 18 years of age or older.
_____ The Volunteer understands that his authorization only applies to the ____/____ school year.
_____ The Volunteer understands that if the position stated above involves regular unsupervised access to students in schools they shall submit to a name-based and fingerprint criminal background investigation conducted by the appropriate law enforcement agency prior to consideration of this agreement.
I understand that should I have been found to have violated these rules, I will not be used again as a chaperone for any District-sponsored field trips or excursions and may be excluded from using District-sponsored transportation for the remainder of the field trip or excursion and that I will be responsible for my own transportation back home.
__________________________________________________ __________________
DISTRICT REPRESENTATIVE DATE
________________________________________________ __________________
VOLUNTEER SIGNATURE DATE
Form 5430F1
BSD#7 VOLUNTEER/CHAPERONE/UNIVERSITY OBSERVER GUIDELINES AND DISCLOSURE
________ ACADEMIC SCHOOL YEAR
Name: _______________________________________________________________________________
Other Names Used in Last 5 Years: ________________________________________________________
Address: _____________________________________________ Date of Birth: _____________________
Phone: ____________________ Cell: ___________________ e-mail: _____________________________
Your role as a volunteer/chaperone/university observer is an important one, and while enjoyable, requires that you accept certain responsibilities. These Guidelines provide you with an overview of your responsibilities and recommendations for appropriate responses to various situations that may arise. Should you require any additional information, or have any other questions or concerns; you are invited to meet with the classroom teacher or principal.
Additional Confidentiality Information: Students in Bozeman School District #7 have the right to expect that information about them will be kept confidential by all volunteers, student interns, practicum students and student job shadow observers. Additionally, the U.S. Congress has addressed the privacy-related concerns of educators, parents, and students by enacting the Family Educational Rights and Privacy Act (known more commonly as “FERPA” or the “Buckley Amendment”). Among other provisions, FERPA allows the government to withdraw federal funds from any educational institution, including Bozeman School District #7, which disseminates a student’s education records without their parent’s consent.
Each student with whom you work has the right to expect that nothing that happens to or about him or her will be repeated to anyone other than authorized school department employees, as designated by the administrators at your school. Even when discussing a student with those who are directly involved in a student’s education, such as a teacher, principal, or guidance counselor, you may not share otherwise confidential information with them unless it is relevant to the student’s educational growth, safety, or well being.
You may not share information about a student even with others who are genuinely interested in the student’s welfare, such as social workers, scout leaders, clergy, or nurses/physicians (a grave medical emergency, in which confidential information may be necessary for a student’s care, is the only exception). Thus, you must refer all such questions to the school employees so authorized and indicated to you, typically the student’s teacher or principal.
You may not share photos or information via social media.
Parents, friends, or community members may, in good faith, ask you questions about a student’s problems or progress. Again, you must refer all such questions to the authorized school employees. You may not share information about a student even with members of your own family or the student’s family.
Before you speak, always remember that violating a student’s confidentiality isn’t just impolite, it’s against the law!
I have read, understand, and agree to comply with the volunteer/chaperone/university observer guidelines.
_______________________________ _____________________________________ _____________
Name (Print) Signature Date
Copies: Volunteer/Chaperone/University observer; School File (signed copy)
Policy History:
Adopted on: 3/14/2005
Revised on: 5/16/2005, 9/29/2008, 4/09/2009, 9/15/2011, 12/12/2013, 7/16/2014
Form 5430F2
BOZEMAN PUBLIC SCHOOL
CHAPERONE GUIDELINES
When you volunteer to serve as a chaperone on a School District activity, you will be helping to extend the regular curriculum beyond the classroom and the school. Your role as a chaperone is an important one, and while enjoyable, requires that you accept certain responsibilities. These chaperone Guidelines provide you with an overview of a chaperone’s responsibilities and recommendations for appropriate responses to various situations that may arise during the course of a field trip. Should you require any additional information, or have any other questions or concerns; you are invited to meet with the activity supervisor or principal to discuss the matter.
General Expectations
Guidelines for Students, Staff and Chaperones
IN THE EVENT OF AN EMERGENCY
I have read, understand, and agree to comply with the chaperone guidelines.
________________________________ __________________________________________ ________
Name (Print) Signature Date
Copies:
Chaperone
School File (signed copy)
Bozeman Public Schools
HUMAN RESOURCES
Policy 5440
Student Teachers/Interns
The District recognizes its obligation to assist in the development of members of the teaching profession. The District shall make an effort to cooperate with accredited institutions of higher learning in the education of student teachers and other professionals in training (such as interns) by providing a reasonable number of classroom and other real-life situations each year.
The District and the respective training institutions shall enter into mutually satisfactory agreements whereby the rules, regulations, and guidelines of the practical experiences shall be established.
The Superintendent shall coordinate all requests from cooperating institutions for placement with building principals so that excessive concentrations of student teachers and interns shall be avoided. As a general rule:
Cross Reference: 5122 Fingerprints and Criminal Background Investigations
Legal Reference: § 20-4-101(2) and (3), MCA System and definitions of teacher and specialist certification – student teacher exception
Policy History:
Adopted on: 12/08/1986
Revised on: 4/28/2003
HUMAN RESOURCES
Student Teachers/Interns
For a student teacher to be allowed to be the paid substitute in the cooperating teacher’s classroom, the following procedures and requirements must be met.
The School Principal:
The Student Teacher:
The Cooperating Teacher will sign and date the appropriate area of the midterm evaluation, thus indicating the cooperating teacher’s assessment that the student teacher is qualified to substitute teach.
Policy History:
Adopted on:
Revised on: 4/28/2003
Bozeman Public Schools
HUMAN RESOURCES
Policy 5450
Employee use of Electronic Mail, Internet, Networks, and District Equipment
E-mail is an electronic message that is transmitted between two (2) or more computers or electronic terminals, whether or not the message is converted to hard-copy format after receipt, and whether or not the message is viewed upon transmission or stored for later retrieval. E-mail includes all electronic messages that are transmitted through a local, regional, or global computer network.
The District e-mail and Internet systems are intended to be used for educational purposes only, and employees have no expectation of privacy. Employees have no expectation of privacy in district owned technology equipment, including but not limited to district-owned desktops, laptops, memory storage devices, and cell phones.
Users of District e-mail and Internet systems are responsible for their appropriate use. All illegal and improper uses of the e-mail and Internet system, including but not limited to network etiquette violations including mail that degrades or demeans other individuals, pornography, obscenity, harassment, solicitation, gambling, and violating copyright or intellectual property rights, are prohibited. Abuse of the e-mail or Internet systems through personal use, or use in violation of the law or District policies, will result in disciplinary action, up to and including termination of employment.
All e-mail/Internet records are considered District records and should be transmitted only to individuals who have a need to receive them. If the sender of an e-mail or Internet message does not intend for the e-mail or Internet message to be forwarded, the sender should clearly mark the message “Do Not Forward.”
In order to keep District e-mail and Internet systems secure, users shall not leave the terminal “signed on” when unattended and may not leave their password available in an obvious place near the terminal or share their password with anyone except the system administrator. The District reserves the right to bypass individual passwords at any time and to monitor the use of such systems by employees.
Additionally, District records and e-mail/Internet records are subject to disclosure to law enforcement or government officials or to other third parties through subpoena or other process.
Consequently, the District retains the right to access stored records in cases where there is reasonable cause to expect wrongdoing or misuse of the system and to review, store, and disclose all information sent over the District e-mail systems for any legally permissible reason, including but not limited to determining whether the information is a public record, whether it contains information discoverable in litigation, and to access District information in the employee’s absence. Employee e-mail/Internet messages may not necessarily reflect the views of the District.
All District employees should be aware that e-mail messages can be retrieved, even if they have been deleted, and that statements made in e-mail communications can form the basis of various legal claims against the individual author or the District.
All e-mail/Internet records are considered District records and should be transmitted only to individuals who have a need to receive them. E-mail sent or received by the District or the District’s employees may be considered a public record subject to public disclosure or inspection. All District e-mail and Internet communications may be monitored.
All Bozeman School District #7 computers shall have filtering in place while connected to the district computer network. Internet filtering is provided for all computers owned by the district.
Bozeman School District #7 staff shall not allow students to use any computer connected to the district network without Internet filtering in place. This includes any computer, laptop or desktop, whether in the district's libraries, media centers, classrooms, laboratories or offices where students are, for any reason, allowed to use a computer, or any other such device, with Internet access.
Staff members violating this policy are subject to disciplinary action up to and including discharge.
Cross Reference: 5460 Electronic Resources and Social Networking
8351F Summer Laptop Checkout Form
Policy History:
Adopted on: 4/23/2012
Revised on:
Bozeman Public SchoolsPERSONNEL R
Procedure 5450P
Employee use of Electronic Mail, Internet, Networks, and District Equipment Procedure
All use of electronic networks shall be consistent with the District’s goal of promoting educational excellence by facilitating resource sharing, innovation, and communication. These procedures do not attempt to state all required or proscribed behaviors by users. However, some specific examples are provided. The failure of any user to follow these procedures will result in the loss of privileges, disciplinary action, and/or appropriate legal action.
Terms and Conditions
Internet Safety
contained in these procedures.
Legal Reference: Children’s Internet Protection Act, P.L. 106-554
Broadband Data Services Improvement Act/Protecting Children in the 21st Century Act of
2008 (P.L. 110-385)
20 U.S.C. § 6801, et seq. Language instruction for limited English proficient and
immigrant students
47 U.S.C. § 254(h) and (l) Universal service
Procedure History:
Adopted on: 4/01/2022
Revised:
5450F1
EMPLOYEE EQUIPMENT USE, INTERNET CONDUCT,
AND NETWORK ACCESS AGREEMENT
Every staff member must read and sign below:
I have read, understand, and agree to abide by the terms of the School District’s policy regarding District-Provided Access to Electronic Information, Equipment, Services, and Networks (Policies 5460 and 5460P). Should I commit any violation or in any way misuse my access to the District’s computers, network and/or the Internet, I understand and agree that my access privilege may be revoked and school disciplinary action may be taken against me.
Terms and Conditions
Internet Safety
contained in these procedures.
I understand and will abide by the technology, equipment and network access policies. I understand that the District and/or its agents may access and monitor my use of the Internet, including my e-mail and downloaded material, without prior notice to me. I further understand that should I commit any violation, my access privileges may be revoked, and school disciplinary action and/or appropriate legal action may be taken. In consideration for using the District’s issuance of technology, electronic network connection and having access to public networks, I hereby acknowledge the risk for any claims and damages arising from my use of, or inability to use the equipment, network, and Internet. I understand any negligence arising out of my use of equipment or networks shall be attributed to me as comparative negligence within the meaning of Section 27-1-702, MCA.
User Name (please print): ____________________________________________________
User Signature: ______________________________________ Date:________________
Policy History:
Adopted on:
Revised on: 4/01/2022
EMPLOYEE
Staff Telecommunication Responsible Use Agreement
I understand that network use at Bozeman Schools is a privilege and not a right. As a condition of using the district’s network, I will abide by the above terms and conditions for network use at Bozeman Public Schools, and by any future terms or conditions that may be developed. I understand that disciplinary actions may be taken if I am found abusing my network privileges.
Additionally:
My Name(please print): Preferred E-mail Password
(Note: passwords must be 8 characters or more, are case sensitive and will be entered in the case(s) as printed above)
Building Locations(s) and Position/Subject: ____________________
Check each Category that applies:
Administrator ___ Professional Group____ Certified_____ Custodian____ Food Service ___ Aide ____ Clerical___
Other (Specify)_________________
Student Teacher ______ Date Assignment Ends __________
Classroom/ Office Phone # _____________________
Job Title ____________________________________
Signature Date / /
PLEASE READ THE COMPLETE DOCUMENT, SIGN AND RETURN TO THE TECHNOLOGY SERVICES DEPARTMENT, WILLSON BUILDING
Policy History:
Adopted on:
Revised on: 10/2005, 10/2008, 10/2009, 4/23/2012, 2/11/2015
5450F2
Affiliate Telecommunication Responsible Use Agreement
Bozeman School District #7
Affiliates are defined as volunteers, community education instructors or other affiliated individuals who use the Bozeman School District 7 network for approved school district purposes.
The Bozeman School District #7 network is provided for staff and students to conduct research and to learn and communicate with others. Any communications transmitted through the District network are not secure, therefore general rules and standards for professional behavior and communications apply. Files stored on district servers and computers are not considered private. All Internet access is filtered and monitored.
The following behaviors are not permitted on district networks:
Accessing social networking sites for instructional purposes only may be granted by the building principal. All other uses are prohibited.
The Network Supervisor will report any inappropriate behaviors to the building/department supervisor who will take appropriate disciplinary action. Any other reports on inappropriate behavior, violations, or complaints will be routed to the employee’s supervisor for appropriate action. Violations may result in a loss of access and/or disciplinary action. When applicable, law enforcement agencies may be involved.
Affiliate Telecommunication Responsible Use Agreement and Information Release
I understand that network use at Bozeman Public Schools is a privilege and not a right. As a condition of using the district’s network, I will abide by the above terms and conditions for network use at Bozeman Public Schools, and by any future terms or conditions that may be developed. I understand that Internet privileges will be revoked for abusing the terms of this agreement. Other action may be taken as deemed necessary by school district administrators.
Additionally:
Name (please print)
School/Department Type of Affiliation
Signature Date / /
Policy History:
Adopted on:
Revised on: 10/2005, 10/2008, 4/23/2012
Form 5450F3
THRIVE Parent Liaison PowerSchool Release Form
Bozeman School District #7
Parent Liaisons working in Bozeman School District #7, will be permitted limited access to the district’s student information software, PowerSchool.
I agree to follow these rules when accessing student records with PowerSchool:
Violations will result in a loss of access and/or disciplinary action.
Name (please print)
Assigned School
Signature Date / /
Policy History:
Adopted on:
Revised on: 10/2008, 4/23/2012
5450F4
Substitute Teacher
Telecommunication Responsible Use Agreement and Information Release
Bozeman School District 7
The Bozeman School District 7 network is provided for staff and students to conduct research and to learn and communicate with others. All communications transmitted through the District network are not secure, therefore general rules and standards for professional behavior and communications apply. Files stored on district servers or computers should not be considered private. All substitute teachers and staff are required to comply with the regulations of the Children’s Internet Protection Act. All Internet access is filtered and monitored. Information obtained from the private district network, for example: Calendars, PowerSchool, FileMaker Pro, is confidential and should not be disclosed.
The following behaviors are not permitted on district networks:
Accessing social networking sites for instructional purposes only may be granted by the building principal. All other uses are prohibited.
The Network Supervisor will report any inappropriate behaviors to the employee’s supervisor who will take appropriate disciplinary action. Any other reports on inappropriate behavior, violations, breach of confidentiality or complaints will be routed to the employee’s supervisor for appropriate action. Violations may result in a loss of access and/or disciplinary action. When applicable, law enforcement agencies may be involved.
Each substitute teacher can obtain copies of this policy from the district web site, www.bsd7.org/aua and will sign this agreement and return it to the Human Resources Department.
Substitute Teacher
Staff Telecommunication Responsible Use Agreement
I understand that network use at Bozeman Schools is a privilege and not a right. As a condition of using the district’s network, I will abide by the above terms and conditions for network sse at Bozeman Public Schools, and by any future terms or conditions that may be developed. I understand that I will be removed from the substitute pool if I am found abusing my network privileges.
Additionally:
My Name (please print):
Signature Date / /
PLEASE READ BOTH SIDES, SIGN AND RETURN TO THE HUMAN RESOURCES DEPARTMENT, WILLSON BUILDING.
Policy History:
Adopted on:
Revised on: 4/23/2012
Bozeman Public Schools
HUMAN RESOURCES
Policy 5460
Electronic Resources and Social Networking
Bozeman School District #7 recognizes that an effective public education system develops students who are globally aware, civically engaged, and capable of managing their lives and careers. The District also believes that students need to be proficient users of information, media, and technology to succeed in a digital world.
Public school employees are held to a high standard of behavior. The Montana Department of Education Professional Educators of Montana Code of Ethics requires District staff to maintain a professional relationship with each student, both in and outside the classroom. The District encourages all staff to read and become familiar with the Code of Ethics.
Therefore, Bozeman School District #7 will use electronic resources as a powerful and compelling means for students to learn core subjects and applied skills in relevant and rigorous ways. It is the District’s goal to provide students with rich and ample opportunities to use technology for important purposes in schools just as individuals in workplaces and other real-life settings. The District’s technology will enable educators and students to communicate, learn, share, collaborate and create, to think and solve problems, to manage their work and to take ownership of their lives.
An employee’s use of any social media network and an employee’s postings, displays, or communications on any social media network must comply with all state and federal laws and any applicable District policies. Staff are reminded that the same relationship, exchange, interaction, information, or behavior that would be unacceptable in a non-technological medium, is unacceptable when done through the use of technology. In fact, due to the vastly increased potential audience digital dissemination presents, extra caution must be exercised by staff to ensure they do not cross the line of acceptability.
The Board directs the Superintendent or designee to create strong electronic educational systems that support innovative teaching and learning, to provide appropriate staff development opportunities and to develop procedures to support this policy.
Cross Reference: 5015 Bullying/Harassment/Intimidation
Professional Educators of Montana Code of Ethics
Policy History:
Adopted on: 4/23/2012
Revised on:
Bozeman Public Schools
HUMAN RESOURCES
Procedure 5460P
Employee Use of Social Media and Third Party Resources
I. PURPOSE
The Bozeman Public Schools recognize the value of teacher inquiry, investigation, and innovation using new technology resources to enhance the learning experience. The District recognizes its obligation to teach and ensure responsible and safe use of these technologies.
II. GENERAL STATEMENT
The District recognizes the importance of online social media networks and on-line resources as a communication and e-learning tool. Toward that end, the District provides password-protected social media resources and District-approved technologies for e-learning and encourages use of District resources for collaboration by employees.
Teachers may use apps, social media and collaborative resources outside of those provided by the District as long as student information is anonymized and academic content is contained within a password-protected environment or controlled by teacher invitation and not discoverable by search engines or publicly viewable on the world-wide-web, and acceptable within the service’s Terms of Service.
The line between professional and personal relationships is blurred within a social media context. When employees choose to join or engage with District students, families or fellow employees in a social media context that exists outside those approved by the District, they are advised to maintain their professionalism as District employees and have responsibility for addressing inappropriate behavior or activity on these networks, including requirements for mandated reporting.
III. DEFINITIONS
IV. REQUIREMENTS
All employees are expected to serve as positive ambassadors for our schools and to remember they are role models to students in this community.
V. GUIDELINES FOR SOCIAL MEDIA NETWORKS
These guidelines will continually evolve as new technologies and social networking resources emerge—so check back once in awhile to make sure you're up to date.
(Adapted with permission from Minnetonka Public Schools, Minnetonka, MN.)
Policy History:
Adopted on: 4/23/2012
Revised on: 1/22/2013, 8/27/2014, 10/21/2014, 2/11/2015, 9/07/2017
Form 5460F
Parent Notification Form for Third Party Technology Resources
Dear Parent/Guardian:
This year, students will use a variety of third party supplemental technology resources via the Internet for engaging learning activities. The District as a whole and I as your student’s classroom teacher take data security and privacy seriously. Please follow this link to the Bozeman School District #7 Student Privacy and Release of Directory Information for information about which data are collected and the purposes of these collections, including information about the online resources (not including sites we may visit to simply research information). The online resources we will be using in our classroom are listed below (resources that require a log-in will be pseudo-anonymized).
Linked resources being used in our classroom
If you have questions or concerns about this/these resources, please contact me. If I’m not able to address your concerns, then we will work together to provide an alternate activity so that your child understands the content.
You can access additional information regarding third party technology resources here.
(Enter teacher name)
(Enter Grade Level)
(Enter School)
Policy History:
Adopted on:
Revised on: 1/22/2013, 8/25/2014, 8/14/2017
Bozeman Public Schools
HUMAN RESOURCES
Policy 5500
Payment of Wages Upon Termination
When a District employee separates from employment, wages owed will be paid on the next regular pay day for the pay period in which the employee left employment or within fifteen (15) days, whichever occurs first.
In the case of an employee discharged for allegations of theft connected to the employee’s work, the District may withhold the value of the theft, provided:
If no charges are filed within thirty (30) days of the filing of a report with law enforcement, wages are due within a thirty-(30)-day period.
Legal Reference: § 39-3-205, MCA Payment of wages when employee separated from employment prior to payday – exceptions
Policy History:
Adopted on: 1/25/2021
Revised on:
Bozeman Public Schools
HUMAN RESOURCES
Policy 5510
HIPAA
Note:
Background
Health Insurance Portability and Accountability Act of 1996 (HIPAA)
The District’s group health plan is a Covered Entity under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations, the Standards for the Privacy of Individually Identifiable Information. In order to comply with HIPAA and its related regulations, the District has implemented the following HIPAA Privacy Policy:
The HIPAA Privacy Rule
HIPAA required the federal government to adopt national standards for electronic health care transactions. At the same time, Congress recognized that advances in electronic technology could erode the privacy of health information and determined there was a need for national privacy standards. As a result, HIPAA included provisions that mandated the adoption of federal privacy standards for individually identifiable health information.
The standards found in the Privacy Rule are designed to protect and guard against the misuse of individually identifiable health information, with particular concern regarding employers using an employee’s (or dependent’s) health information from the group health plan to make adverse employment-related decisions. The Privacy Rule states that verbal, written, or electronic information that can be used to connect a person’s name or identity with medical, treatment, or health history information is Protected Health Information (PHI) under the HIPAA Privacy Rule.
Under the HIPAA Privacy Rule:
Compliance
The Superintendent or designee has been designated Privacy Officer. The Privacy Officer will oversee all ongoing activities related to the development, implementation, maintenance of, and adherence to the District’s policies and procedures covering the privacy of and access to patient health information in compliance with HIPAA, other applicable federal and state laws, and the District’s privacy practices.
As required for a Covered Entity under HIPAA, the plan has developed these internal privacy policies and procedures to assure that PHI is protected and that access to and use and disclosure of PHI are restricted in a manner consistent with HIPAA’s privacy protections. The policies and procedures recognize routine and recurring disclosures for treatment, payment, and healthcare operations and include physical, electronic, and procedural safeguards to protect PHI. The procedures include safeguards for sending PHI via mail or fax, receiving PHI for plan purposes, and workstation safeguards and procedures for securing and retaining PHI received by the plan. Plan participants are entitled to receive a copy of the plan’s policies and procedures upon request.
Designating a limited number of privacy contacts allows the District to control who is receiving PHI from the contract claims payor for plan operations purposes. The contract claims payor will provide only the minimum PHI necessary for the stated purpose and, as required under the Privacy Rule, will provide PHI only to individuals with a legitimate need to know for plan operations purposes.
The District has distributed a notice of privacy practices to plan participants. The notice informs plan participants of their rights and the District’s privacy practices related to the use and disclosure of PHI. A copy of this notice follows as 5510F or may be obtained by contacting the Privacy Officer.
The District has reviewed how PHI is used and disclosed by the plan and has limited disclosure of that information to employees who have a legitimate need to know or possess the PHI for healthcare operations and functions. The District will make reasonable efforts to use de-identified information whenever possible in the operations of the plan and will only use the minimum PHI necessary for the stated purpose.
Some of the District’s employees need access to PHI in order to properly perform the functions of their jobs. The District has identified these employees and has given them training in the important aspects of the HIPAA Privacy Rule, the privacy policy, and procedures. New employees who will have access to PHI will receive training on the HIPAA Privacy Rule and related policies and procedures as soon as reasonably possible after they are employed. Employees who improperly use or disclose PHI or misuse their access to that information may be subject to discipline, as deemed appropriate.
In the event the group health plan must disclose PHI in the course of performing necessary plan operations functions or as required by law or a governmental agency, the District has developed a system to record those disclosures and requests for disclosures. An individual may request a list of disclosures of their PHI made by the plan for other than treatment or claims payment purposes. All requests for an accounting of PHI disclosures must be made in writing, and the plan may impose fees for the cost of production of this information. Requests will be responded to within sixty (60) days. If the plan is not able to provide the requested information within sixty (60) days, a written notice of delay will be sent to the requesting individual, with the reasons for the delay and an estimated time for response.
In order to comply with the new privacy regulations, the plan has implemented compliant communication procedures. Except for its use in legitimate healthcare operations, written permission will be required in order for the District to disclose PHI to or discuss it with a third party.
The HIPAA Privacy Rule prohibits the District from disclosing medical information without the patient’s written permission other than for treatment, payment, or healthcare operations purposes.
An authorization signed by the patient and designating specified individuals to whom the District may disclose specified medical information must be on file, before the plan can discuss a patient’s medical information with a third party (such as a spouse, parent, group health plan representative, or other individual).
The District has taken the following steps to ensure PHI is safeguarded:
The District has received signed assurances from the plan’s business associates that they understand the HIPAA Privacy Rule, applicable regulations, and the Privacy Policy and will safeguard PHI just as the plan would.
The contract claims payor and certain other entities outside the group health plan require access on occasion to PHI, if they are business associates of the group health plan and in that role need to use, exchange, or disclose PHI from the group health plan. The plan requires these entities to sign an agreement stating they understand HIPAA’s privacy requirements and will abide by those rules just as the group health plan does, to protect the PHI to which they have access. For example the plan engages a certified public accountant to audit the plan annually and to make sure payments are made in compliance with the Plan Document. In order for the CPA to complete an audit, the auditor reviews a sample of the claims for accuracy.
The District will ensure health information will not be used in making employment and compensation decisions. The HIPAA Privacy Rule and other applicable laws expressly prohibit an employer from making adverse employment decisions (demotions, terminations, etc.) based on health information received from the group health plan. To the extent possible, the District has separated the plan operations functions from the employment functions and has safeguards in place to prevent PHI from the plan from going to or being used by an employee’s supervisor, manager, or superior to make employment-related decisions.
Complaints
If an employee believes their privacy rights have been violated, they may file a written complaint with the Privacy Officer. No retaliation will occur against the employee for filing a complaint. The contact information for the Privacy Officer is:
Superintendent or Privacy Officer
Bozeman Public Schools
Willson School, 404 West Main
P.O. Box 520
Bozeman, MT 59715
Legal Reference: 45 C.F.R. Parts 160, 162, 164
Policy History:
Adopted on: 10/11/2004
Revised on: 1/25/2021
Bozeman Public Schools
HUMAN RESOURCES
Policy 5510P
NOTICE OF PRIVACY PRACTICES
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
Effective Date of Notice: April 14, 2004
This Notice of Privacy Practices ("Notice") is made in compliance with the Standards for Privacy of Individually Identifiable Health Information (the "Privacy Standards") set forth by the U.S. Department of Health and Human Services ("HHS") pursuant to the Health Insurance Portability and Accountability Act of 1996, as amended ("HIPAA"). The Bozeman School District #7 Group Medical, Dental, and Vision Plan & The Bozeman Elementary and High School District #7 Flexible Benefits Plan (the "Plan") is required by law to take reasonable steps to ensure the privacy of your Protected Health Information ("PHI"), as defined below, and to inform you about:
(1) the Plan's uses and disclosures of PHI;
(2) your privacy rights with respect to your PHI;
(3) the Plan's duties with respect to your PHI;
(4) your right to file a complaint with the Plan and with the Secretary of HHS; and
(5) the person or office to contact for further information about the Plan's privacy practices.
The term "Protected Health Information" (PHI) includes all "Individually Identifiable Health Information" transmitted or maintained by the Plan, regardless of form (oral, written or electronic).
The term "Individually Identifiable Health Information" means information that:
Section 1. Notice of PHI Uses and Disclosures
1.1 Required PHI Disclosures
Upon your request, the Plan is required to give you access to certain PHI to inspect and copy it and to provide you with an accounting of disclosures of PHI made by the Plan. For further information pertaining to your rights in this regard, see Section 2 of this Notice.
The Plan must disclose your PHI when required by the Secretary of HHS to investigate or determine the Plan's compliance with the Privacy Standards.
1.2 Permitted uses and disclosures to carry out treatment, payment and health care operations
The Plan, its business associates, and their agents/subcontractors, if any, will use or disclose PHI without your consent, authorization or opportunity to agree or object, to carry out treatment, payment and health care operations. The Plan will disclose PHI to a business associate only if the Plan receives satisfactory assurance that the business associate will appropriately safeguard the information.
In addition, the Plan may contact you to provide information about treatment alternatives or other health-related benefits and services that may be of interest to you. The Plan will disclose PHI to Bozeman School District No.7 ("Plan Sponsor") for purposes related to treatment, payment and health care operations. The Plan Sponsor has amended its plan documents to protect your PHI as required by the Privacy Standards. The Plan Sponsor will obtain an authorization from you if it intends to use or disclose your PHI for purposes unrelated to treatment, payment and health care operations.
Treatment is the provision, coordination or management of health care and related services by one or more health care providers. It also includes, but is not limited to, consultations and referrals between one or more of your providers.
For example, the Plan may disclose to a treating orthodontist the name of your treating dentist so that the orthodontist may ask for your dental X-rays from the treating dentist.
Payment means activities undertaken by the Plan to obtain premiums or to determine or fulfill its responsibility for coverage and provision of benefits under the Plan, or to obtain or provide reimbursement for the provision of health care. Payment includes, but is not limited to, actions to make eligibility or coverage determinations, billing, claims management, collection activities, subrogation, reviews for medical necessity and appropriateness of care, utilization review and pre-authorizations.
For example, the Plan may tell a doctor whether you are eligible for coverage or what percentage of the bill might be paid by the Plan.
Health care operations means conducting quality assessment and improvement activities, population-based activities relating to improving health or reducing health care costs, contacting health care providers and patients with information about treatment alternatives, reviewing the competence or qualifications of health care professionals, evaluating health plan performance, underwriting, premium rating and other insurance activities relating to creating, renewing or replacing health insurance contracts or health benefits. It also includes disease management, case management, conducting or arranging for medical review, legal services and auditing functions including fraud and abuse detection and compliance programs, business planning and development, business management and general administrative activities.
For example, the Plan may use information about your claims to refer you to a disease management program, project future benefit costs or audit the accuracy of its claims processing functions.
1.3 Uses and disclosures that require your written authorization
Your written authorization generally will be obtained before the Plan will use or disclose psychotherapy notes about you from your psychotherapist. Psychotherapy notes are separately filed notes about your conversations with your mental health professional during a counseling session. They do not include summary information about your mental health treatment. The Plan may use and disclose such notes without authorization when needed by the Plan to defend against litigation filed by you.
1.4 Disclosures that require that you be given an opportunity to agree or disagree prior to the disclosure
The Plan may disclose to a family member, other relative, close personal friend of yours or any other person identified by you PHI directly relevant to such person's involvement with your care or payment for your health care when you are present for, or otherwise available prior to, a disclosure and you are able to make health care decisions, if:
The Plan may obtain your oral agreement or disagreement to a disclosure.
However, if you are not present, or the opportunity to agree or object to the disclosure cannot practicably be provided because of your incapacity or an emergency circumstance, the Plan may, in the exercise of professional judgment, determine whether the disclosure is in your best interests, and, if so, disclose only PHI that is directly relevant to the person's involvement with your health care.
1.5 Uses and disclosures for which authorization or opportunity to agree or object is not required
Use and disclosure of your PHI is allowed without your authorization or opportunity to agree or object under the following circumstances:
Except as otherwise indicated in this Notice, uses and disclosures will be made only with your written authorization, subject to your right to revoke such authorization. You may revoke an authorization at any time, provided your revocation is done in writing, except to the extent that the Plan has taken action in reliance upon the authorization, or if the authorization was obtained as a condition of obtaining insurance coverage, other law provides the insurer with the right to contest a claim under the policy or the policy itself.
Section 2: Rights of Individuals
2.1 Right to Request Restrictions on PHI Uses and Disclosures
You may request the Plan to restrict uses and disclosures of your PHI to carry out treatment, payment or health care operations, or to restrict disclosures to family members, relatives, friends or other persons identified by you who are involved in your care or payment for your care. However, the Plan is not required to agree to your requested restriction.
If the Plan agrees to a requested restriction, the Plan may not use or disclose PHI in violation of such restriction, except that, if you requested a restriction and later are in need of emergency treatment and the restricted PHI is needed to provide the emergency treatment, the Plan may use the restricted PHI, or it may disclose such information to a health care provider, to provide such treatment to you. If restricted PHI is disclosed to a health care provider for emergency treatment, the Plan must request that such health care provider not further use or disclose the information.
A restriction agreed to by the Plan is not effective to prevent uses or disclosures when required by the Secretary of HHS to investigate or determine the Plan's compliance with the Privacy Standards or uses or disclosures that are otherwise required by law.
The Plan may terminate its agreement to a restriction, if:
If the Plan agrees to a restriction, it will document the restriction by maintaining a written or electronic record of the restriction. The record of the restriction will be retained for six years from the date of its creation or the date when it last was in effect, whichever is later.
You or your personal representative will be required to request restrictions on uses and disclosures of your PHI in writing. Such requests should be addressed to the following individual:
Privacy Officer, Bozeman School District No. 7, PO Box 520, Bozeman, MT 59771
2.2 Right to Request Confidential Communications of PHI
You may request to receive communications of PHI from the Plan by alternative means or at alternative locations if you clearly state that the disclosure of all or part of the information to which the request pertains could endanger you. The Plan will accommodate all such reasonable requests. However, the Plan may condition the provision of a reasonable accommodation on:
You or your personal representative will be required to request confidential communications of your PHI in writing. Such requests should be addressed to the following individual:
Privacy Officer, Bozeman School District No. 7, PO Box 520, Bozeman, MT 59771
2.3 Right to Inspect and Copy PHI
You have a right to inspect and obtain a copy of your PHI contained in a "designated record set," for as long as the Plan maintains PHI in the designated record set.
"Designated Record Set" means a group of records maintained by or for a health plan that is enrollment, payment, claims adjudication and case or medical management record systems maintained by or for a health plan; or used in whole or in part by or for the health plan to make decisions about individuals. Information used for quality control or peer review analyses and not used to make decisions about individuals is not in the designated record set.
The Plan will act on a request for access no later than 30 days after receipt of the request. However, if the request for access is for PHI that is not maintained or accessible to the Plan on-site, the Plan must take action no later than 60 days from the receipt of such request. The Plan must take action as follows: if the Plan grants the request, in whole or in part, the Plan must inform you of the acceptance and provide the access requested. However, if the Plan denies the request, in whole or in part, the Plan must provide you with a written denial. If the Plan cannot take action within the required time, the Plan may extend the time for such action by no more than 30 days if the Plan, within the applicable time limit, provides you with a written statement of the reasons for the delay and the date by which it will complete its action on the request.
If the Plan provides access to PHI, it will provide the access requested, including inspection or obtaining a copy, or both, of your PHI in a designated record set. The Plan will provide you with access to the PHI in the form or format requested if it is readily producible in such form or format; or, if it is not, in a readable hard copy form or such other form or format as agreed to between you and the Plan. The Plan may provide you with a summary of the PHI requested, in lieu of providing access to the PHI or may provide an explanation of the PHI to which access has been provided in certain circumstances. The Plan will arrange with you for a convenient time and place to inspect or obtain a copy of the PHI, or mail a copy of the PHI at your request. If you request a copy of PHI or agree to a summary or explanation of PHI, the Plan may impose a reasonable, cost-based fee.
If the Plan denies access to PHI in whole or in part, the Plan will, to the extent possible, give you access to any other PHI requested, after excluding PHI as to which the Plan has grounds to deny access. If access is denied, you or your personal representative will be provided with a written denial setting forth the basis for the denial, if applicable, a statement of your review rights, including a description of how you may exercise those review rights and a description of how you may complain to the Plan or to the Secretary of the HHS. If you request review of a decision to deny access, the Plan will refer the request to a designated licensed health care professional for review. The reviewing official will determine, within a reasonable period of time, whether to deny the access requested. The Plan will promptly provide you with written notice of that determination.
If the Plan does not maintain the PHI that is the subject of your request for access, and the Plan knows where the requested information is maintained, the Plan will inform you where to direct the request for access.
You or your personal representative will be required to request access to your PHI in writing. Such requests should be addressed to the following individual:
Privacy Officer, Bozeman School District No. 7, PO Box 520, Bozeman, MT 59771
2.4 Right to Amend PHI
You have the right to request the Plan to amend your PHI or a record about you in a designated record set for as long as the PHI is maintained in the designated record set.
The Plan may deny your request for amendment if it determines that the PHI or record that is the subject of the request:
The Plan has 60 days after the request is made to act on the request. A single 30-day extension is allowed if the Plan is unable to comply within that deadline provided that the Plan, within the original 60-day time period, gives you a written statement of the reasons for the delay and the date by which it will complete its action on the request. If the Plan accepts the requested amendment, the Plan will make the appropriate amendment to the PHI or record that is the subject of the request by, at a minimum, identifying the records in the designated record set that are affected by the amendment and appending or otherwise providing a link to the location of the amendment. The Plan will timely inform you that the amendment is accepted and obtain your identification of and agreement to have the Plan notify the relevant persons with which the amendment needs to be shared as provided in the Privacy Standards.
If the request is denied in whole or part, the Plan must provide you with a written denial that (i) explains the basis for the denial, (ii) sets forth your right to submit a written statement disagreeing with the denial and how to file such a statement, (iii) states that, if you do not submit a statement of disagreement, you may request that the Plan provide your request for amendment and the denial with any future disclosures of the PHI that is the subject of the amendment, and (iv) includes a description of how you may complain to the Plan or to the Secretary of HHS. The Plan may reasonably limit the length of a statement of disagreement. Further, the Plan may prepare a written rebuttal to a statement of disagreement, which will be provided to you. The Plan must, as appropriate, identify the record or PHI in the designated record set that is the subject of the disputed amendment and append or otherwise link your request for an amendment, the Plan's denial of the request, your statement of disagreement, if any, and the Plan's rebuttal, if any, to the designated record set. If a statement of disagreement has been submitted, the Plan will include the above-referenced material, or, at the Plan's election, an accurate summary of such information, with any subsequent disclosure of the PHI to which the disagreement relates. If you do not submit a written statement of disagreement, the Plan must include your request for amendment and its denial, or an accurate summary of such information with any subsequent disclosure of the PHI only if requested by you.
You or your personal representative will be required to request amendment to your PHI in a designated record set in writing. Such requests should be addressed to the following individual: Privacy Officer. All requests for amendment of PHI must include a reason to support the requested amendment.
2.5 Right to Receive an Accounting of PHI Disclosures
At your request, the Plan will provide you with an accounting of disclosures by the Plan of your PHI during the six years prior to the date on which the accounting is requested. However, such accounting need not include PHI disclosures made: (a) to carry out treatment, payment or health care operations; (b) to individuals about their own PHI; (c) incident to a use or disclosure otherwise permitted or required by the Privacy Standards; (d) pursuant to an authorization; (e) to certain persons involved in your care or payment for your care; (f) to notify certain persons of your location, general condition or death; (g) as part of a "Limited Data Set" (as defined in the Privacy Standards), which largely relates to research purposes; or (h) prior to the compliance date of April 14, 2004. You may request an accounting of disclosures for a period of time less than six years from the date of the request.
The accounting will include disclosures of PHI that occurred during the six years (or such shorter time period, if applicable) prior to the date of the request for an accounting, including disclosures to or by business associates of the Plan. Except as otherwise provided below, for each disclosure, the accounting will include:
If during the period covered by the accounting, the Plan has made multiple disclosures of PHI to the same person or entity for a single purpose, the accounting may, with respect to such multiple disclosures, provide the above-referenced information for the first disclosure; the frequency, periodicity or number of the disclosures made during the accounting period; and the date of the last disclosure.
If during the period covered by the accounting, the Plan has made disclosures of PHI for a particular research purpose for 50 or more individuals, the accounting may, with respect to such disclosures for which your PHI may have been included, provide certain information as permitted by the Privacy Standards. If the Plan provides an accounting for such research disclosures, and if it is reasonably likely that your PHI was disclosed for such research activity, the Plan shall, at your request, assist in contacting the entity that sponsored the research and the researcher.
If the accounting cannot be provided within 60 days after receipt of the request, an additional 30 days is allowed if the individual is given a written statement of the reasons for the delay and the date by which the accounting will be provided.
If you request more than one accounting within a 12-month period, the Plan will charge a reasonable, cost-based fee for each subsequent accounting unless you withdraw or modify the request for a subsequent accounting to avoid or reduce the fee.
You or your personal representative will be required to request an accounting of your PHI disclosures in writing. Such requests should be addressed to the following individual:
Privacy Officer, Bozeman School District, PO Box 520, Bozeman, MT 59771
2.6 The Right To Receive a Paper Copy of This Notice Upon Request
You have a right to obtain a paper copy of this Notice upon request. To request a paper copy of this Notice, contact the following individual: Privacy Officer or Benefits Clerk, PO Box 520, Bozeman, MT 59771, (406) 522-6045.
2.7 A Note About Personal Representatives
You may exercise your rights through a personal representative. Your personal representative will be required to produce evidence of their authority to act on your behalf before that person will be given access to your PHI or allowed to take any action for you. Proof of such authority may include, but is not limited to, the following:
The Plan retains discretion to deny access to your PHI to a personal representative to provide protection to those vulnerable people who depend on others to exercise their rights under these rules and who may be subject to abuse or neglect. This also applies to personal representatives of minors.
Section 3: The Plan's Duties
3.1 Notice
The Plan is required by law to maintain the privacy of PHI and to provide individuals (participants and beneficiaries) with notice of its legal duties and privacy practices with respect to PHI.
This Notice is effective beginning on the effective date set forth on Page 1 of this Notice, and the Plan is required to comply with the terms of this Notice. However, the Plan reserves the right to change the terms of this Notice and to make the new revised notice provisions effective for all PHI that it maintains, including any PHI created, received or maintained by the Plan prior to the date of the revised notice. If a privacy practice is changed, a revised version of this Notice will be provided to all individuals then covered by the Plan. If agreed upon between the Plan and you, the Plan will provide you with a revised Notice electronically. Otherwise, the Plan will mail a paper copy of the revised Notice to your home address. In addition, the revised Notice will be maintained on any web site maintained by the Plan to provide information about its benefits.
Any revised version of this Notice will be distributed within 60 days of any material change to the uses or disclosures, the individual's rights, the duties of the Plan or other privacy practices stated in this Notice. Except when required by law, a material change to any term of this Notice may not be implemented prior to the effective date of the revised notice in which such material change is reflected.
3.2 Minimum Necessary Standard
When using or disclosing PHI or when requesting PHI from another covered entity, the Plan will make reasonable efforts not to use, disclose or request more than the minimum amount of PHI necessary to accomplish the intended purpose of the use, disclosure or request, taking into consideration practical and technological limitations.
However, the minimum necessary standard will not apply in the following situations:
This Notice does not apply to information that has been de-identified. De-identified information is health information that does not identify an individual and with respect to which there is no reasonable basis to believe that the information can be used to identify an individual. It is not individually identifiable health information.
In addition, the Plan may use or disclose "summary health information" to the Plan Sponsor for obtaining premium bids or modifying, amending or terminating the group health plan. Summary health information summarizes the claims history, claims expenses or type of claims experienced by individuals for whom a plan sponsor has provided health benefits under a group health plan, and from which identifying information has been deleted in accordance with the Privacy Standards.
Section 4: Your Right to File a Complaint With the Plan or the HHS Secretary
If you believe that your privacy rights have been violated, you may complain to the Plan. Any complaint must be in writing and addressed to the following individual:
Privacy Officer, Bozeman School District No. 7, PO Box 520, Bozeman, MT 59771
You also may file a complaint with the Secretary of the U.S. Department of Health and Human Services in its Office of Civil Rights ("OCR"). Complaints to the Secretary must: (1) be filed in writing, either on paper or electronically; (2) name the entity (i.e., the Plan) that is the subject of the complaint and describe the acts or omissions believed to be in violation of the applicable requirements of the Privacy Standards; and (3) be filed within 180 days of when you knew or should have known that the act or omission complained of occurred, unless OCR waives this time limit for good cause shown. You may file a written complaint with OCR by mail, fax or e-mail at the address listed below. Further, you may, but are not required to, use OCR's Health Information Privacy Complaint Form. To obtain a copy of this form, or for more information about the Privacy Standards or how to file a complaint with OCR, contact any OCR office or go to www.hhs.gov/ocr/hipaa/.
Complaints may be filed via e-mail at the following e-mail address: OCRComplaint@hhs.gov. Alternatively, written complaints also may be filed at the following addresses:
For complaints involving covered entities located in Montana, Office for Civil Rights, U.S. Department of Health and Human Services, 1961 Stout Street—Room 1185 FOB, Denver, CO 80294-3538. Voice Phone (303) 844-2024. Fax (303) 844-2025. TDD (303) 844-3439.
The Plan will not retaliate against you for filing a complaint.
Section 5: Whom to Contact at the Plan for More Information
If you have any questions regarding this Notice or the subjects addressed in it, you may contact the following individual: Privacy Officer, PO Box 520, Bozeman, MT 59771, (406) 522-6045.
Conclusion
PHI use and disclosure by the Plan is regulated by a federal law known as HIPAA. You may find these rules at 45 Code of Federal Regulations Parts 160 and 164. This Notice attempts to summarize the Privacy Standards. The Privacy Standards will supersede any discrepancy between the information in this Notice and the Privacy Standards.
Policy History:
Adopted on: 10/11/2004
Revised on:
Request for Protected Health Information
Form 5510F
This form should be used when release of a patient’s protected health information is being made to the health care provider for an employee or student for a purpose other than treatment, payment or health care operations.
I, ____________________________________, hereby authorize _________________________
Name of Employee, Student 18 or older, or Parent/Guardian Name of Physician/Practice
to use and/or disclose my protected health information described below to ________________________.
School District
My protected health information will be used or disclosed upon request for the following purposes (name and explain each purpose): __________________________________________
______________________________________________________________________________
This authorization for use and/or disclosure applies to the following information (please mark those that apply):
□ Any and all records in the possession of the above-named physician or physician’s practice, including mental health, HIV, and/or substance abuse records. (Please cross out any item you do not authorize to be released.)
□ Records regarding treatment for the following condition or injury ____________________________ on or about_______________________.
□ Records covering the period of time _____________________ to ________________.
□ Other (Specify and include dates.)______________________________________________.
I understand that I have the right to revoke this authorization, in writing, at any time by sending such written notification to above-named physician/practice. I also understand that my revocation is not effective to the extent that the persons I have authorized to use and/or disclose my protected health information have acted in reliance upon this authorization.
I understand that I do not have to sign this authorization and that the above-named physician/practice may not condition treatment or payment on whether I sign this authorization.
I understand that information used or disclosed pursuant to this authorization may be subject to re-disclosure by the recipient and no longer protected by federal laws and regulations regarding the privacy of my protected health information.
This authorization expires on the following date or event: _______________________________.
I certify that I have received a copy of this authorization.
______________________________________________ _____________________
Signature of Patient or Personal Representative Date
_________________________________________ _________________________________
Name of Patient or Personal Representative Personal Representative's Authority
Bozeman Public Schools
HUMAN RESOURCES
Policy 5630
Employee Use of Mobile Devices
The Board recognizes that the use of mobile devices may be appropriate to help ensure the safety and security of District property, students, staff, and others while on District property or engaged in District-sponsored activities.
District-owned mobile devices will be used for authorized District business purposes. Unauthorized personal use of such equipment is prohibited except in emergency situations.
Use of mobile devices in violation of Board policies, administrative regulations, and/or state/federal laws will result in discipline up to and including termination of employment.
District employees are prohibited from using mobile devices while driving or otherwise operating District-owned motor vehicles, or while driving or otherwise operating personally-owned vehicles for school district purposes.
Emergency Use
Staff are encouraged to use any available mobile device in the event of an emergency that threatens the safety of students, staff, or other individuals.
Use of Personal Mobile Devices
Employees are prohibited from using their personal mobile devices during the instructional period for non-instructional purposes. When necessary, employees may use their personal mobile devices only during non-instructional time. In no event shall an employee’s use of a mobile device interfere with the employee’s job obligations and responsibilities. If such use is determined to have interfered with an employee’s obligations and responsibilities, the employee may be disciplined in accordance with the terms of the collective bargaining agreement and Board policies.
Policy History:
Adopted on: 1/25/2021
Revised on:
Professional Educators of Montana Code of Ethics
Professional educators recognize and accept their responsibility to create learning environments to help all students reach their full potential. They understand the trust and confidence placed in them by students, families, colleagues, and the community. To achieve their professional purpose, educators strive to maintain the highest ethical standards. The Professional Educators of Montana Code of Ethics sets out these fundamental principles which guide their behavior.
Principle I. Commitment to Students and Families. The ethical educator:
Principle II. Commitment to the Profession. The ethical educator:
Principle III. Commitment to the Community. The ethical educator:
Adopted by the Certification Standards and Practices Advisory Council July 13, 2016