R = required

3121-3121P Enrollment and Attendance Records

3124 Military Compact Waiver

3125 Education of Homeless Children

3141 Nonresident School Enrollment

3150 Part-Time Enrollment

3413 Student Immunization

3520 Student Fees, Fines, and Charges

3600-3600P Student Records

8100 Transportation

Legal Reference: 20-1-101 Definitions

20-5-101, MCA Admittance of child to school

20-5-403, MCA Immunization required – release and acceptance of

Immunization records

20-5-404, MCA Conditional attendance

20-5-405, MCA Medical or religious exemption

20-5-406, MCA Immunization record

44-2-511, MCA School enrollment procedure

10.16.3122, ARM Local Educational Agency Responsibility For

Students with Disabilities

10.55.601, et seq., ARM Accreditation Standards: Procedures

Title 20, Chapter 5, Part 5 Enrollment of Pupil by Caretaker Relative

10.16.3122 Local Educational Agency Responsibility for

Students with Disabilities

10.55.712 Class Size Elementary

10.55.713 Teacher load and class size

Title 10, Chapter 55 Accreditation Standards

Policy History:

Adopted on: 1/12/1987

Revised on: 9/28/2015, 7/14/2017, 1/10/2022, 4/25/2022, 7/24/2023, 4/08/2024, 7/28/2025, 12/08/2025

EDUCATIONAL AUTHORIZATION AFFIDAVIT

Bozeman Public Schools District

Form 3110F

The completion and signing of the affidavit before a notary public are sufficient to authorize educational enrollment and services and school-related medical care for the named child. Please print clearly.

The child named below lives in my home, and I am eighteen (18) years of age or older.

Name of child: _____________________________________________

Child’s date of birth: _________________________________________

My name (caretaker relative): __________________________________

My date and year of birth: _____________________________________

My home address: ___________________________________________

My relationship to the child: ____________________________________

(The caretaker relative must be an individual related by blood, marriage, or adoption by another individual to the child whose care is undertaken by the caretaker relative, but who is not a parent, foster parent, stepparent, or legal guardian of the child.)

I hereby certify that this affidavit is not being used for the purpose of circumventing school residency laws, to take advantage of a particular academic program or athletic activity, or for an otherwise unlawful purpose.

□ The child was subject to formal disciplinary action, including suspension or expulsion, at the child’s previous school. The school may either implement the previous school district’s disciplinary action without further due process or hold a hearing and determine whether the student’s conduct in the previous school district merits denial of enrollment. If the district decides to enroll the child, then the school may require the child to comply with a behavior contract as a condition of enrollment.

Check the following if true (all must be checked for this affidavit to apply):

□ A parent of the child identified above has left the child with me and has expressed no definite time period when the parent will return for the child.

□ The child is now residing with me on a full-time basis.

□ No adequate provision, such as appointment of a legal custodian or guardian or execution of a notarized power of attorney, has been made for enrollment of the child in school, other educational services, or educationally related medical services.

DO NOT SIGN THIS FORM IF ANY OF THE ABOVE STATEMENTS ARE INCORRECT, OR YOU WILL BE COMMITTING A CRIME PUNISHABLE BY A FINE, IMPRISONMENT, OR BOTH.

I declare under penalty of false swearing under the laws of Montana that the foregoing is true and correct.

Signed this _____ day of ________________, 20__.

__________________________________________

(Signature of caretaker relative)

STATE OF MONTANA )

: ss.

County of _______________ )

On this _____ day of ________________, 20___, before me, a Notary Public for the state of Montana, personally appeared ___________________________________, known to me to be the person named in the foregoing Educational Authorization Affidavit, and acknowledged to me that _____ executed the same as _____ free act and deed for the purposes therein mentioned.

IN WITNESS THEREOF, I have hereunto set my hand and affixed my notarial seal the day and year in this certificate first above written.

________________________________________

___________________________________[name]

(SEAL) NOTARY PUBLIC for the state of Montana

Residing at _______________________, Montana

My commission expires: ____________________

NOTES:

Completion of this affidavit does not affect the rights of the child’s parents or legal guardian regarding the care, custody, and control of the child and does not mean that the caretaker relative has legal custody of the child.

A person who relies on this affidavit has no obligation to make any further inquiry or investigation.

The completed affidavit is effective for the earlier of:

The end of the first school year after delivery of the affidavit to a school district;
Until it has been revoked by the caretaker relative; or
Until the child no longer resides with the caretaker relative.

If the child stops living with you, you shall notify anyone to whom you have given this affidavit.

Bozeman Public Schools

STUDENTS

Policy 3112

Students Withdrawal - Prior to Completion of School Term

All students are expected to meet the same general standards and requirements of the state and district. A student who requests to be gone before a school term is over will have his final grades and evaluation based upon the following criteria:

The teacher, whose classes will be missed, is given the discretion of whether or not to

Prepare advanced make-up schedules of work to be completed.
Prepare and administer special tests for early-leaving students.

No early-leaving student will be given a final grade determination before the regular date this information is provided for all students.

In general, a student's work will be judged on the basis of how much is accomplished by the time he leaves school and in light of the total work expected for all students in the final grading period.

The obligation for meeting attendance requirements and regulations is a parental as well as a student's obligation. Parental cooperation and support is necessary to make each student's educational experience as valuable and complete as possible.

Policy History:

Adopted on: 11/24/1986

Revised on:

Bozeman Public Schools

STUDENTS

Policy 3118

Parenting Plans or Other Child Custodial Agreements

The District recognizes that divorce and co-parenting situations are realities for many of the District’s families. The welfare of the child must remain the primary focus in school-family interactions. The District encourages full cooperation between families and the school in divorce and co-parenting situations. Procedures will be developed by the Superintendent to govern School District actions related to parenting plans or other child custodial agreements.

Policy History:

Adopted on: 5/19/1993

Revised on: 9/10/2007

Bozeman Public Schools

STUDENTS

Procedure 3118P

Parenting Plans or Other Child Custodial Agreements

The following procedures should be adhered to in child custodial situations:

The District will presume that the first name listed on the enrollment form is where school mailings should be sent. It is the parent’s responsibility to notify the school if information should be sent to an additional address. The school will provide student information to parents at no more than two addresses.

It is the District’s expectation that both parents will attend parent-student conferences. If there is an extenuating circumstance that would prevent both parents from attending the conference, upon reasonable request, the District will attempt to accommodate the request but cannot guarantee that a second conference can be scheduled.

Administrators and teachers are encouraged not to get in the middle of family disputes, either as an advocate of the child or in an attempt to mediate.

Factual information (e.g., tardies, grades, discipline issues) may be shared with one or both parents. Staff members are cautioned to refrain from forming opinions about parenting situations involving their students.

If there is a true concern regarding the safety, health, and welfare of a student, a report should be made with DPHHS in accordance with Policy #3421 and 41-3-200 M.C.A. Other concerns should be reported to the school principal and school counselor.

The school will not interpret parenting plans. Any dispute between the parents regarding an interpretation of a parenting plan will be resolved between the parents outside of the school environment.

If there is a court order (i.e., restraining order or protective order) that prohibits or limits a parent’s contact with a child, it is the responsibility of the parent to provide the school with a copy of the court order.

If a custody dispute occurs at school the administrator should attempt to remove the parents to a private setting to resolve their disputes. The School Resource Officer should be notified. If parents are on school grounds causing any kind of disruption to the school or school environment, the School resource Officer and/or law enforcement will be notified.

School administrators and teachers contacted individually by private attorneys regarding a student should direct the attorney to the Superintendent or designee prior to providing any information regarding the students.

An individual who has a caretaker relative affidavit will be entitled to all information regarding the student that the parent is entitled to receive.

The administrator shall immediately refer any parenting dispute that cannot be resolved reasonably between parents to the School Resource Officer and/or law enforcement. At that time, the administrator will notify the Superintendent of the referral.

In the Parent Handbook, parents will be notified that for “at school releases,” the school will not release children to any persons except those indicated in the student information system or for whom parents have indicated their permission (written or phone). When permission is granted by phone, documentation will be maintained.

The Staff Handbook should give teachers information about procedures to follow when a custody dispute occurs at school. They should also know that students should not be released to any person other than those listed in the student information system. They will need to obtain parent permission (written or phone) for any other circumstances.

Policy History:

Adopted on: 9/10/2007

Revised on:

Bozeman Public Schools R

STUDENTS

Policy 3120

Compulsory Attendance

To reach the goal of maximum educational benefits for every child requires a regular continuity of instruction, classroom participation, learning experiences, and study. Regular interaction of students with one another in classrooms and their participation in instructional activities under the tutelage of competent teachers are vital to the entire process of education. This established principle of education underlies and gives purpose to the requirement of compulsory schooling in every state in the nation. A student’s regular attendance also reflects dependability and is a significant component of a student’s permanent record.

Parents or legal guardians or legal custodians are responsible for seeing that their children who are age seven (7) or older before the first (1st) day of school attend school until the later of the following dates:

Child’s sixteenth (16th) birthday; or
The date the child completes the eighth (8th) grade.

The provisions above do not apply in the following cases:

The child has been excused under one of the conditions specified in 20-5-102.
The child is absent because of illness, bereavement, or other reason prescribed by the policies of the trustees.
The child has been suspended or expelled under the provisions of 20-5-202.
The child is excused pursuant to Section 2 of 20-5-103.
The child is excused pursuant to 40-6-701(1) or Policy 2158.

Compulsory attendance stated above will not apply when children:

Are provided with supervised correspondence or home study; or
Are excused because of a determination by a district judge that attendance is not in the best interests of the child; or
Are enrolled in a non-public or home school; or
Are enrolled in a school in another district or state; or
Are excused by the Board on a determination that attendance after age of sixteen (16) is not in the best interests of the child and the school.

Legal Reference: § 20-1-308, MCA Religious instruction released time program

§ 20-5-101, MCA Admittance of child to school

§ 20-5-102, MCA Compulsory enrollment and excuses

§ 20-5-103, MCA Compulsory attendance and excuses

§ 20-5-104, MCA Attendance officer

§ 20-5-106, MCA Truancy

§ 20-5-107, MCA Incapacitated and indigent child attendance

§ 20-5-108, MCA Tribal agreement with district for Indian child compulsory

attendance and other agreements

§ 20-5-202, MCA Suspension and Expulsion

§40-6-701(1) Parental Rights

Chapter 693 (2023) Parental Rights

Policy History:

Adopted on: 11/24/1986

Revised on: 9/08/2008, 1/23/2012, 10/12/2020, 7/24/2023

Bozeman Public Schools

STUDENTS

Policy 3121

Enrollment and Attendance Records

Since accurate enrollment and attendance records are essential both to obtain state financial reimbursement and to fulfill the District’s responsibilities under the attendance laws, staff shall be diligent in maintaining such records.

A district may only include, for ANB purposes, any student who participates in pupil instruction as defined in Section 20-1-101(17), MCA and for whom ANB may be claimed under Title 20, including but not limited to an enrolled student who is:

A resident of the district or a nonresident student admitted by trustees under a student attendance agreement and who is attending a school of the district, offsite instructional setting, or remote instruction from the public schools of the district;

Unable to attend school due to a medical reason certified by a medical doctor and receiving individualized educational services supervised by the district, at district expense, at a home or facility that does not offer an educational program;

Unable to attend school due to the student’s incarceration in a facility, other than a youth detention center, and who is receiving individualized educational services supervised by the district, at district expense, at a home or facility that does not offer an educational program;

Living with a caretaker relative under § 1-1-215, MCA;

Receiving special education and related services, other than day treatment, under a placement by the trustees at a private nonsectarian school or private program if the student’s services are provided at the district’s expense under an approved individual education plan supervised by the district;

Participating in the Running Start Program at district expense under § 20-9-706, MCA; through June 30, 2024;

Receiving education services, provided by the district, using appropriately licensed district staff at a private residential program or private residential facility licensed by the Department of Public Health and Human Services;

Enrolled in an educational program or course provided at district expense using remote instruction consistent with Policies 2050, 2168, and 2170; The student:

must meet the residency requirements for that district as provided in 1-1-215;
shall live in the district and must be eligible for educational services under the Individuals With Disabilities Education Act or under 29 U.S.C. 794; or
must be enrolled in the educational program or course under a mandatory attendance agreement as provided in 20-5-321; or
must be receiving remote instruction under 20-7-118(1)(c).

A student enrolled on a part-time basis consistent with Policy 3110, 3150, 3121P;
A student of the district completing work on a proficiency basis in accordance with Sections 20-9-311(4)(d) and 20-9-324(18)(b), MCA;

A student enrolled by the Board for exceptional circumstances as defined in applicable District policies and in accordance with Section 20-5-101, MCA.

A student admitted into an early targeted intervention classroom or jumpstart program pursuant to Title 20, chapter 7, part 18 and Policy 2165 in a manner consistent with Section 20-9-311, MCA;

A student gaining credit for participating in a work-based learning program pursuant to [New Section 8] of Chapter 247, Laws of 2021 and Policy 2600;

A student participating in an “innovative educational program” as defined in Section 15-30-3102, MCA;

A resident of the district attending a Montana job corps program under an interlocal agreement with the district under § 20-9-707, MCA.

A resident of the district attending a Montana Youth Challenge Program under an interlocal agreement with the district under § 20-9-707, MCA.

A student with a disability who is over 19 years old but under 21years of age, has been enrolled by the Board of Trustees in accordance with Policy 3110, and qualifies in accordance with Section 20-9-311(7), MCA, to remain enrolled and be served by schools, if the following criteria are satisfied:

the student has not graduated;
the student is eligible for special education services and is likely to be eligible for adult services for individuals with developmental disabilities due to the significance of the student's disability; and
the student's individualized education program has identified transition goals that focus on preparation for living and working in the community following high school graduation since age 16 or the student's disability has increased in significance after age 16.

In order for a student who is served through distance learning or offsite delivery methods to be included in the calculation of average number belonging, the student must meet one or more of the conditions for participating in offsite instruction pursuant to Section 20-7-118, MCA;

Enrollment for Purposes of Participation in Extracurricular Activities By an Unenrolled Child or Part Time Enrolled Student

The District shall include for ANB purposes a child who during the prior school year:

resided in the District;
was not enrolled in the District or was not enrolled full time; and
completed an extracurricular activity with a duration of at least 6 weeks in accordance with Policy 3510.

Each completed extracurricular activity that, inclusive of practices and post-season tournaments, lasts 6 weeks or longer shall be counted as one-sixteenth enrollment. Each completed extracurricular activity lasting longer than 18 weeks may be counted as one-eighth enrollment. A child may not be counted as more than one full-time enrollment for ANB purposes.

For purposes of calculating ANB under this section, "extracurricular activity" means:

a sport or activity sanctioned by an organization having jurisdiction over interscholastic activities, contests, and tournaments;
an approved career and technical student organization, pursuant to Section 20-7-306, MCA; or
a school theater production.

Homeless Youth and Foster Children

Assignment to schools shall be subject to modification when federal law applicable to students placed in foster care or students who are homeless requires that such students be educated in a “school of origin” that differs from the assigned school.

Cross References: 2600 Work Based Learning Program

3150 Part-Time Enrollment

3510 School Sponsored Student Activities

2050 Student Instruction

2158 Parent/Family Engagement and Involvement in Education Policy

2168 Remote Instruction from Non-District Sources

2170-2170P Digital Academy Classes

3123 Attendance Policy Procedure-Truancy

3122 Attendance Policy

Legal Reference: 1-1-215, MCA Residence – rules for determining

20-1-101, MCA Definitions

20-3-324, MCA Powers and Duties

20-5-101, MCA Admittance of child to school

20-5-112, MCA Participation in Extracurricular Activities

20-7-118 Offsite Provision of Educational Services

20-7-1510, MCA Credit for participating in work-based learning

partnerships

20-9-311, MCA Calculation of average number belonging (ANB) –

three-year averaging.

20-9-706, MCA Running start program – authorizing class credits at postsecondary institution – eligibility – payment for credits

20-9-707, MCA Agreement with Montana youth challenge program or

accredited Montana job corps program

29 U.S.C. 794 Nondiscrimination under Federal grants and programs

34 CFR 300.1, et seq. Assistance to states for the education of children with

disabilities

Chapter 580 (2023) Remote Instruction

Chapter 307 (2023) Transformational Learning

Title 20, Chapter 7, Part 18 Early Targeted Intervention

10.20.102 Calculation of Average Number Belonging

Policy History:

Adopted on: 10/12/2020

Revised on: 1/10/2022, 4/25/2022, 7/24/2023, 6/10/2024, 7/28/2025

Bozeman Public Schools

STUDENTS

Procedure 3121P

Enrollment and Attendance Records

Average Number Belonging

Average Number Belonging (ANB) is the enrollment measure used for the State Foundation Program calculations as defined in § 20-9-311, MCA. The ANB of one year is based on the attendance records of the preceding year. Funding for districts is based on ANB, which is based on “aggregate hours” per year and must be accurate. “Aggregate hours” means the hours of pupil instruction for which a school course or program is offered or for which a pupil is enrolled.

For a child to be counted for ANB purposes:

The child must meet the definition of pupil as found in § 20-1-101(11), MCA;

Attending 180 to 359 aggregate hours = One-quarter time enrollment

Attending 360 to 539 aggregate hours = One-half time enrollment

Attending 540 to 719 aggregate hours = Three-quarter time enrollment

Attending 720 aggregate hours or more = Full-time enrollment

A school district may include in its calculation of ANB a pupil who is enrolled in a program providing fewer than the required aggregate hours of pupil instruction required under subsection 20-9-311(4)(a) or (4)(b) if the pupil had demonstrated proficiency in the content ordinarily covered by the instruction as determined by the school board using district assessments. The ANB must be converted to an hourly equivalent based on the hours of instruction ordinarily provided for the content over which the student has demonstrated proficiency. 20-9-311(4)(d).

Homebound Students

Students who are receiving instructional services, who were in the education program and, due to medical reasons certified by a medical doctor, are unable to be present for pupil instruction, may be counted as enrolled for ANB purposes, if the student:

Is enrolled and is currently receiving organized and supervised pupil instruction;

Is in a home or facility which does not offer a regular educational program; and

Has instructional costs during the absence, which are financed by the District’s general fund.

If a homebound student does not meet the criteria set forth above, the District may request a variance through the Office of Public Instruction, for consideration of the student in the enrollment count for ANB purposes beyond the tenth (10th) day of absence.

Attendance Accounting

Days present and absent for every student are to be recorded in each building, for the purpose of informing parents of a student’s attendance record.

On the first (1st) Monday in October and the first (1st) Monday in February, the number of all enrolled students (whether present or absent) by grade level and class will be recorded on the forms provided by the District. Special education children who are enrolled in special programs sixteen (16) hours or more a week will be listed separately. The Director of Special Education and Student Health should be contacted to verify this count. Monthly student counts of enrolled children by grade and classroom will be provided by the office.

Legal Reference: 10.20.102, ARM Calculation of Average Number Belonging (ANB)

§ 20-1-101, MCA Definitions

§ 20-9-311, MCA Calculation of average number belonging (ANB) –

three-year averaging

Policy History:

Adopted on:

Revised on: 6/03/2009, 7/25/2017, 9/27/2017

Bozeman Public Schools

STUDENTS

Policy 3122

Attendance Policy

The District believes that regular attendance is primarily the responsibility of a parent/guardian and, to a lesser extent, a student’s responsibility, depending on student age.

To reach the goal of maximum educational benefits for each child requires a regular continuity of instruction, classroom participation, learning experiences, and study. Regular interaction of students with one another in the classroom and their participation in instructional activities under the tutelage of competent teachers are vital to the entire process of education. This established principle of education underlies and gives purpose to the requirement of compulsory schooling in every state in the nation. The good things schools have to offer can only be presented to students in attendance.

A student’s regular school attendance also reflects dependability and is a significant component on a student’s permanent record. Future employers are as much concerned about punctuality and dependability as they are about academic record. School success, scholarship, and job opportunity are greatly affected by a good attendance record.

Specific rules and regulations regarding attendance and tardies can be found in the respective student handbook.

Policy History:

Adopted on: 11/24/1986

Revised on: 7/27/1987, 3/14/1988, 4/24/1989, 4/13/1992, 5/11/1992, 6/14/1993, 8/8/1994, 7/8/1996,

8/12/2013, 10/12/2020

Bozeman Public Schools

STUDENTS

Procedure 3122P

Attendance Policy - Grades K-12

Grades K-5

The primary responsibility for good attendance for students in Grades K-5 rests with the parents. These parents are required under Section 20-5-103, MCA, to assure that their children attend school regularly. The District recognizes the importance of monitoring the parental responsibility for their child’s attendance. Further, the District is committed to taking whatever action is necessary, up to and including legal action, to assure that students attend school regularly.

Definitions

Unexcused Absence: Absenteeism that takes place without the approval of the parent and/or principal.
Excused Absence: Generally, absences will be considered reasonable in cases of illness, bereavement, family vacations, situations resulting from “acts of God” and other emergencies. Other absences will be considered unexcused.
Excessive Absences: Students who miss 10 days of school per year are considered excessively absent.
Tardiness: All tardies which extend beyond 9:00 a.m. or 1:15 p.m. will be considered a .5 absence.

Students who leave school more than 30 minutes prior to dismissal without returning will be considered a .5 absence.

District Attendance Officer

In the Bozeman Public Schools, the building principal is the attendance officer. The attendance officer and the School Resource Officer will work collaboratively to respond to student attendance issues.

Reporting Student Absences

When a student must be absent for illness or other unforeseen emergencies, parents must inform the school of the reasons for the student’s absence by 9:00 a.m. on the day of the absence. If the student is not present and the parent has not notified the school of the absence, the school will attempt to call the parent by 11:00 a.m. of the same day. The fact that the school will attempt to call the parent does not relieve the parent of the responsibility to call the school to report their child’s absence.

Excused Absences and Tardies

In cases where doubt occurs concerning the validity of an excuse, the administration may require verification of medical conditions contributing to the absence. In the event the principal determines an absence or tardiness is unnecessary, the absence will be considered unexcused. The administrator may request that parents communicate directly to him/her regarding the reason for the absence or tardiness.

The school secretary will maintain a record of the nature of student absence for school use purposes. A permanent record will also be maintained. It will include a record of the student absences and tardies.

Extended Absences

The following circumstances will be considered acceptable for extended absences.

Student’s personal illness, as documented by a health care provider, or injury
Death or severe illness of a member of the family
Religious holiday
School sponsored activities
Court intervention

Parents should formally notify, in writing, the principal of any planned extended absence. Extended unexcused absences such as travel/vacation/personal plans are strongly discouraged due to the negative impact that such absences have on a child’s education. It may not be possible to provide materials and assignments for extended absences.

Absence/Student Performance

Once the teacher observes that the student’s absences or tardiness are having an adverse effect on the student’s progress, he/she will make parental contact to express concern and to explain the problem. If the absences have been unavoidable because of illness, bereavement or other reasons, the teacher will request a meeting to develop a plan so that the absenteeism has minimal effect on the student’s academic success. In the event that reasons for absences have been questionable, the teacher will explain that the student will not get credit for work missed during those unexcused absences. Additionally, the teacher will not be required to provide make-up work. Absences and excessive tardiness may be a significant factor in decisions of retention.

Dealing with Excessive Absences

Parents who allow students to be absent from school without a proper excuse may be reported to the School Resource Officer. Before making that report, however, the principal, as attendance officer, shall comply with the following administrative procedures:

At the beginning of each school year, a special attendance meeting will be held during which school principals, counselors, and parent liaisons confer regarding students who have had attendance issues in the past. This will provide an opportunity for proactive contacts by the school with the family and student. Principal may also send a letter to parents of students who were excessively absent the previous year.

The principal or designee will document contacts with the parent regarding attendance, including phone calls, written communications and meetings when a student is developing a pattern of absences. Documentation should include times, date and what was discussed.

Students who miss 10 or more days of school, including excused, unexcused and exempted absences, are considered excessively absent. Administrative discretion will be used when sending letters of notification to parents of students who have excessive absences. The letters will reference the District attendance policy and a copy of the student’s attendance record. A second letter may be sent if the student reaches 15 or more absences. The letter will require the parent to respond within 5 days. The letter will also explain that the principal may be filing a complaint of neglect with the Department of Family Services and Court Services. Copies of this letter will be sent (e.g., faxed or emailed) to the School Resource Officer and Court Services.

Families may elect to work with the Community Mediation Center to resolve attendance issues. Participation in this program is voluntary.

If attendance problems continue, the principal will notify the School Resource Officer and send a letter to the parent and provide appropriate follow-up.

The District Attendance Officer shall serve the student’s parents or legal guardian with the required written two days’ notice as prescribed in Section 20-5-106 and begin an investigation in the case. If the parent does not comply with the revisions of the notice, the School Resource Officer shall submit a request for prosecution to the Gallatin County Attorney. The request shall contain a written report of the investigation, supporting documents, and a list of witnesses, including names, addresses, and work and home telephone numbers. The documentation must show evidence that the administrative procedures of the School District and statutory procedure of the Attendance Officer have been followed. Documentation shall include all efforts taken by the School District to solve the problem with the student and the parents.

In the case of the student who resumes the poor attendance pattern following the two-day written notice to parents, and who once again becomes truant, the School District shall not be required to exhaust its administrative procedures for dealing with the problem before the student is again turned over to the School Resource Officer.

When appropriate, the Board shall, upon recommendation of the Superintendent or designee, consider expulsion for chronic truants.

Make-Up Procedures

Students are absent from school for a number of legitimate reasons. It is the policy of this school that the student, parent or guardian and teacher work together to complete school work due to activity related absences or excused absences. It is the student’s responsibility to initiate and follow through with the work’s completion. To assist in this effort, the following guidelines are presented:

It is imperative that the individual student contact each teacher on the first day after an absence to receive/review makeup work. Failure to assume responsibility in this matter may result in lower grades for the work missed.
Students are encouraged to make up missed assignments as soon as possible. Teacher and student should set up a mutually agreeable schedule to complete makeup work.
In certain circumstances, teachers may alter assignments to be made up. In other circumstances, the teacher may not require makeup. Should this be the case, the excused assignments will not be counted toward the marking period grade.
A student absent only on the date of a quiz/test should be prepared to take it the next day. The teacher may choose to administer it at a later date. Similarly, a student absent on the due date of a pre-announced assignment is expected to be prepared to turn in that assignment on the first day back.
Pre-announced special assignments, tests, quizzes, and homework are due on the day scheduled even if a student is absent the day before the assignment is due.
If a major assignment is due on a day and a student is present any part of that day, then the student is responsible for seeing that the major assignment is turned into the teacher on the due date.
Help with makeup work, quizzes, tests, lab work and projects that require special equipment may need to be scheduled outside the student’s regular class period.
Each teacher will supply the students with a statement at the beginning of each course, regarding makeup tests, homework and assignments and the time they are available for assistance.
Students who expect to be absent for more than three days are advised to request homework assignments from the teacher by calling the main office. Please allow at least 24 hours for the teacher to be contacted and the work collected so that the instruction schedule will not be interrupted. It is the parent/student responsibility to arrange for the work to be picked up.
A student with a school-approved activity-related absence is expected to see his/her teacher at least one week prior to departure to request assignments. Unless there are extenuating circumstances, assignments covered during a pre-arranged absence are due upon the student’s return. It is the student’s responsibility to make special arrangements with the teacher prior to departure if he/she wishes to have these requirements changed. While teachers will provide the student with necessary assignments, teacher assistance in completing these assignments is not mandatory.
A teacher is not obligated to provide substantial make-up work for students who are absent due to trips, etc.
Following these guidelines will assure proper credit.

Summary of Responsibilities

Students:

To attend class regularly, only missing a class when a parent is aware that the absence is due to illness or other emergency.
To be in class when the tardy bell rings.
To be knowledgeable of the makeup policy in each of his/her classes.
To obtain the makeup work and needed instructional help upon returning after an absence.
To schedule all medical and other appointments outside of school time whenever possible.
To avoid missing one class to complete work for another class.
To communicate with parents/guardians regarding attendance issues.

Parents:

To instill in their student the importance of attendance.
To insure to the best of their ability that their students is in attendance regularly.
To avoid taking the student out of school for appointments, trips and vacations.
To call the school within 48 hours of an absence (preferably on the day of the absence).
To work with teachers and administrators to promote good attendance patterns for their student.

Teachers:

To keep daily records of absences and tardies and communicate those accurately to the attendance office.
To make parental contacts regarding excessive absences or tardies.
To refer the student to the administration if the parental contact does not solve the problem.
To communicate in writing to the student, parent and administration:

the makeup procedure for the class
the manner in which the grade for the class will be earned.

To provide opportunities for makeup work when the student is absent unless the absence is due to suspension or unexcused absence.

Administration:

To monitor the halls for non-attenders and for students who are habitually late for class.
To take appropriate disciplinary measures (detailed above) when a student with excessive absences or tardies has been reported by a teacher.
To monitor attendance reports identifying and conferencing with students whose attendance patterns are cause for concern.
To work closely with teachers and parents to help the student to develop positive attendance patterns.

Grades 6-8

Excused Absence

An absence is excused if a parent or legal guardian calls the attendance office no later than 24 hours following the absence, or if a note is presented to attendance office personnel the school day following the absence. In cases where doubt occurs concerning the validity of an excuse, the administration may require verification.

Unexcused Absence

Absenteeism that takes place without the approval of the parent and/or principal.

Parental notification regarding unexcused absences is an essential element of this policy. Parents and school personnel will work together to offer appropriate assistance to students with attendance problems. Every effort will be made to notify parents of unexcused absences so they may initiate corrective measures in the home.

The school may assign detention or suspension for unexcused absences.

Exempted Absence

In order for an absence to be exempted, it must meet one of the following criteria:

School Approved Activity

Any school activity which has been pre-arranged and approved by the building principal or his/her designee is considered a “student activity absence” and is exempt.
A community athletic team which competes against similar teams in other communities will be considered an exempt activity.

Medical Exemptions

A student who has a chronic illness or a serious medical condition may qualify for an exemption if he/she submits a statement signed by a physician, or other health care provider licensed in the State of Montana.
When exemptions are granted for medical reasons, the principal or designee may establish conditions for completion of the class(es).

Extended Absences

The following circumstances will be considered acceptable for extended absences.

Student’s personal illness, as documented by a health care provider, or injury

Death or severe illness of a member of the family
Religious holiday
School sponsored activities
Court intervention

Excessive Absences

At the beginning of each school year, a special attendance meeting will be held during which school principals, counselors, and parent liaisons confer regarding students who have had attendance issues in the past. This will provide an opportunity for proactive contacts by the school with the family and student.

Once the teacher observes that the student’s poor attendance and/or excessive tardiness is having an adverse effect on the student’s progress or grade or is disruptive to the class, teachers are to make a parental contact to express their concern and to discuss the problem. At this point, teachers may confer with the student and assign detentions. After the teacher has made the parental contact, if the attendance or tardiness has not improved, the teacher should inform the appropriate administrator.

Students who miss 10 or more days of school, including excused, unexcused and exempted absences, are considered excessively absent. Administrative discretion will be used when sending letters of notification to parents of students who have excessive absences. A second letter may be sent if the student reaches 15 or more absences. The letter will require the parent to respond within 5 days. The letter will also explain that the principal may be filing a complaint of neglect with the Department of Family Services and Court Services. Copies of this letter will be sent (e.g., faxed or emailed) to the School Resource Officer and Court Services. Families may elect to work with the Community Mediation Center to resolve attendance issues. Participation in this program is voluntary.

If attendance problems continue, the principal will notify the School Resource Officer. The School Resource Officer will send a letter to the parent and provide appropriate follow-up.

When appropriate, the Board shall, upon recommendation of the Superintendent or designee, consider expulsion for chronic truants.

Make-Up Procedures

It is imperative that the individual student contact each teacher on the first day after an absence to receive/review makeup work. Failure to assume responsibility in this matter may result in lower grades for the work missed.
Students are encouraged to make up missed assignments as soon as possible. Teacher and student should set up a mutually agreeable schedule to complete makeup work.
In certain circumstances, teachers may alter assignments to be made up. In other circumstances, the teacher may not require makeup. Should this be the case, the excused assignments will not be counted toward the marking period grade.
A student absent only on the date of a quiz/test should be prepared to take it the next day. The teacher may choose to administer it at a later date. Similarly, a student absent on the due date of a pre-announced assignment is expected to be prepared to turn in that assignment on the first day back.
Pre-announced special assignments, tests, quizzes, and homework are due on the day scheduled even if a student is absent the day before the assignment is due.
If a major assignment is due on a day and a student is present any part of that day, then the student is responsible for seeing that the major assignment is turned into the teacher on the due date.
Help with makeup work, quizzes, tests, lab work and projects that require special equipment may need to be scheduled outside the student’s regular class period.
Each teacher will supply the students with a statement at the beginning of each course, regarding makeup tests, homework and assignments and the time they are available for assistance.
Students who expect to be absent for more than three days are advised to request homework assignments from the teacher by calling the main office. Please allow at least 24 hours for the teacher to be contacted and the work collected so that the instruction schedule will not be interrupted. It is the parent/student responsibility to arrange for the work to be picked up.
A student with a school-approved activity-related absence is expected to see his/her teacher at least one week prior to departure to request assignments. Unless there are extenuating circumstances, assignments covered during a pre-arranged absence are due upon the student’s return. It is the student’s responsibility to make special arrangements with the teacher prior to departure if he/she wishes to have these requirements changed. While teachers will provide the student with necessary assignments, teacher assistance in completing these assignments is not mandatory.
A teacher is not obligated to provide substantial make-up work for students who are absent due to trips, etc.
Following these guidelines will assure proper credit.

Summary of Responsibilities

Students:

To attend class regularly, only missing a class when a parent is aware that the absence is due to illness or other emergency.
To be in class when the tardy bell rings.
To be knowledgeable of the makeup policy in each of his/her classes.
To obtain the makeup work and needed instructional help upon returning after an absence.
To schedule all medical and other appointments outside of school time whenever possible.
To avoid missing one class to complete work for another class.
To communicate with parents/guardians regarding attendance issues.

Parents:

To instill in their student the importance of attendance.
To ensure to the best of their ability that their students are in attendance regularly.
To avoid taking the student out of school for appointments, trips and vacations.
To call the school within 48 hours of an absence (preferably on the day of the absence).
To work with teachers and administrators to promote good attendance patterns for their student.

Teachers:

To keep daily records of absences and tardies and communicate those accurately to the attendance office.
To make parental contacts regarding excessive absences or tardies.
To refer the student to the administration if the parental contact does not solve the problem.
To communicate in writing to the student, parent and administration:

the makeup procedure for the class
the manner in which the grade for the class will be earned.

To provide opportunities for makeup work when the student is absent unless the absence is due to suspension or unexcused absence.

Administration:

To monitor the halls for non-attenders and for students who are habitually late for class.
To take appropriate disciplinary measures (detailed above) when a student with excessive absences or tardies has been reported by a teacher.
To monitor attendance reports identifying and conferencing with students whose attendance patterns are cause for concern.
To work closely with teachers and parents to help the student to develop positive attendance patterns.

Bozeman On-Line Charter School

Attendance is required for all remote learning classes, while in-person learning and expeditionary learning are not required yet strongly encouraged. Students will be marked absent by the teacher if the teacher cannot determine that they are actually in the live-remote class (logging in and muting the camera alone does not mean the student is in attendance).

Teachers may conduct “spot-checks” during class to ensure students are in attendance.

Exceptions to this expectation may be granted by the principal after a meeting with the principal and the student’s education team. Any exception may be revoked if the student is falling behind in the learning or if other educational concerns arise.

Procedures for High School

High School Attendance Policy

Philosophy

BSD7 High Schools are committed to the philosophy that every student should attend every class, every day. Regular attendance and promptness are expected in all classes and are essential for success in school. Learning to participate in group discussions, developing an appreciation for the views and abilities of other students, and forming the habit of regular attendance are legitimate objectives for any course. Learning that is lost due to absence can never be adequately replaced.

Definitions

Excused Absences: This type of absence has been pre-approved by a parent or guardian.
School-Approved, Activity-Related Absences: These absences must be approved through the attendance office before the absence(s) occur(s). Students and parents need to carefully consider the number of days to be missed when electing to take part in an activity. All work that is missed will have to be made up to gain the necessary skills taught in the course.
Unexcused Absence/ Non-Attendance Without Excuse: This type of absence takes place without the pre-approval by a parent or guardian. It should be noted that if a student misses a class to remain in school to complete work for another class, the absence will be regarded as an unexcused absence, even if it has parental or guardian approval. Work missed during this period cannot be made up. A student with excessive absences may be cited by police according to Montana State Law (M.C.A. 41-5-103).
Suspension: The exclusion of a student from classes and extracurricular activities for a specified period of time.

Procedures

Absences and tardies will be marked by the teacher and recorded in the attendance office. Teacher records are the official record.
Parents should notify the school when they know their student will be missing class(es) or study halls. Notification should be received within 48 hours of the absence. Absences reported after 48 hours must be approved by building administration.
All absences are excused at the discretion of school or district administration.
Before absences become excessive, teachers are to make a parental contact to express their concern and to discuss the problem. They may also assign detentions or Saturday School, or take other actions to discourage continued unexcused absence.
If the attendance or tardiness has not improved after the teacher has made the parental contact, the teacher should inform the appropriate dean or administrator.
Every third tardy in a class counts as an unexcused absence.
Notice of Excessive Absences letters will be sent from the Attendance Office to the parent/guardians of those students who have accumulated eight (8) or more total absences or two (2) or more unexcused absences in a class.
Measures used by the school to improve student attendance include but are not limited to the following:

Parent or guardian receives a computer generated telephone call for the first unexcused absence in each class in which the student was not present.
Parent or guardian receives a computer generated telephone call for the second unexcused absence in each class in which the student was not present.
When a student reaches three unexcused absences, he/she is assigned a detention by the classroom teacher (before or after school, or during lunch).
If a student does not serve his/her assigned detention, he/she will be referred to the grade level dean for possibility of a double detention.
For a fourth unexcused absence, the student will be assigned to Saturday school by the grade level dean.
For a fifth unexcused absence, the student will receive a NC (no grade). The student will remain in class, and if academic progress is made and attendance improves, the student may petition to earn back the credit. If improvement does not occur, the student will receive a failing grade for the course.
Students who are absent from a class more than *ten (10) days, during a semester may not receive credit for that class, pending petition by student to earn back the credit.

Excluded from the absence count are the following types of absences:

school-approved activity-related absences
medically-related absences with a doctor’s verification
bereavement (as excused by parents)
school-related disciplinary actions (ISS or OSS)

Parents or guardians may request a conference with the building administrator to discuss a decision pertaining to the attendance policy.

Tardy Policy

The expectation is that students will get to class on time. This allows for less disruption in the educational process as well as student safety in the hallways. The bell schedule allows for a five-minute passing period between classes. Students can avoid tardies by organizing their books, notebooks, locker visits, etc., in the way that best accommodates their class schedule. The policy is:

First offense: Warning

Second offense: Detention

Third offense: Detention

Subsequent offenses: Saturday School

At the beginning of each six-week period the tardy policy will start over with students being issued a warning, then assigned detentions, and finally assignment to Saturday School for each subsequent tardy.

However, it is important to remember that every third tardy is an unexcused absence in our attendance policy, and to understand that while the assigning of consequences for tardies begins anew with each grading period, the overall count of tardies over the course of the semester does not. It is also important to understand that when a student is more than 10 minutes tardy, that tardy becomes an absence. This makes arriving to class on time especially important, because these tardies-transforming-to-absences still count against the maximum 10 absences allowed in a semester. Students who choose to skip if they are tardy will not only accumulate an absence but could also face consequences pertaining to the discipline policy as well as a loss of credit for that day’s work.

Make-up Procedures

Students are absent from school for a number of legitimate reasons. It is the policy of this school that the student, parent or guardian, and teacher work together to complete schoolwork due to activity related absences or excused absences. It is the student's responsibility to initiate and follow through with the work's completion. To assist in this effort, the following guidelines are presented:

It is imperative that students contact each teacher on the first day after an absence to receive/review makeup work. Failure to assume responsibility in this matter may result in lower grades for the work missed.
Students are encouraged to make up missed assignments as soon as possible. Teacher and student should set up a mutually agreeable schedule to complete makeup work.
In certain circumstances, teachers may alter assignments to be made up. In other circumstances, the teacher may not require work to be made up. Should this be the case, the excused assignments will not count toward the marking period grade.
A student absent only on the date of a quiz/test should be prepared to take it the next day. The teacher may choose to administer it at a later date. Similarly, a student absent on the due date of a pre-announced assignment is expected to turn in that assignment on the first day back.
Pre-announced special assignments, tests, quizzes, and homework are due on the day scheduled even if a student is absent the day before the assignment is due. Students may not miss one class to complete work for another class.
If a major assignment is due on a particular day and a student is present any part of that day, then the student is responsible for seeing that the major assignment is completed and turned in to the teacher on the due date.
Help with makeup work, quizzes, tests, lab work and projects that require special equipment may need to be scheduled outside the student's regular class period.
Each teacher will supply students with a statement at the beginning of each course regarding policies about making up tests, homework and assignments. They will also address the times and places they are available for assistance.
Students who expect to be absent for more than three days are advised to request homework assignments from the teacher by calling the Main Office. Please allow 24 hours for the teacher to be contacted and the work collected so that the instruction schedule will not be interrupted. It is the parent/student responsibility to arrange for the work to be picked up.
A student with a school approved activity-related absence is expected to see his/her teacher at least one week prior to departure to request assignments. Unless there are extenuating circumstances, assignments covered during a pre-arranged absence are due upon the student’s return. It is the student’s responsibility to make special arrangements with the teacher prior to departure if he/she wishes to have these requirements changed. While teachers will provide the student with necessary assignments, teacher assistance in completing these assignments is not mandatory.

Following these guidelines will assure proper credit. However, make-up privileges will not be granted in cases when the absence remains unexcused.

Transactions with Emancipated and Majority Age Students

The guidelines for working with students in the above categories are as follows:

All students, regardless of age, who are living at home or in foster care, are considered to be under the supervision of their parents or guardians and parents or guardians will be required to sign or verify all appropriate school documents.
If a student is 18 years of age or older and is not living at home, the student may be considered an adult and may be held responsible for his/her absences, signatures, and behavior.
If a student is under the age of 18 and is married, he/she may be considered emancipated and considered in the same manner as those 18 and over and not living at home.
A student who is under 18 years old, not married, and not living at home, may be considered emancipated and treated in the same manner as an 18-year-old not living at home, if the parents verify the emancipation. Verification shall be a (notarized) statement signed by the parents, stating that the student is emancipated. This document must be on file at the school.

Summary of Responsibilities

Students:

To attend class regularly, only missing a class when a parent is aware that the absence is due to illness or other emergency.
To be in class when the tardy bell rings.
To be knowledgeable of the makeup policy in each of his/her classes.
To obtain the makeup work and needed instructional help upon returning after an absence.
To schedule all medical and other appointments outside of school time whenever possible.
To avoid missing one class to complete work for another class.
To communicate with parents/guardians regarding attendance issues.

Parents:

To instill in their student the importance of attendance.
To ensure to the best of their ability that their students are in attendance regularly.
To avoid taking the student out of school for appointments, trips and vacations.
To call the school within 48 hours of an absence (preferably on the day of the absence).
To work with teachers and administrators to promote good attendance patterns for their student.

Teachers:

To keep daily records of absences and tardies and communicate those accurately to the attendance office.
To make parental contacts regarding excessive absences or tardies.
To refer the student to the administration if the parental contact does not solve the problem.
To communicate in writing to the student, parent and administration:

the makeup procedure for the class
the manner in which the grade for the class will be earned.

To provide opportunities for makeup work when the student is absent unless the absence is due to suspension or unexcused absence.

Administration:

To monitor the halls for non-attenders and for students who are habitually late for class.
To take appropriate disciplinary measures (detailed above) when a student with excessive absences or tardies has been reported by a teacher.
To monitor attendance reports identifying and conferencing with students whose attendance patterns are cause for concern.
To work closely with teachers and parents to help the student to develop positive attendance patterns.

Policy History:

Adopted on:

Revised on: 7/8/1996, 7/14/1997, 12/16/1997, 4/05/2006, 8/24/2006, 4/30/2008, 1/25/2012, 9/06/2013, 8/13/2014, 12/27/2018, 4/24/2019

Form 3122F1

SCHOOL LETTERHEAD

ATTENDANCE LETTER #1

Date

To the parents/guardian of ____________________,

According to our school district policy (#3122 , #3122P) a student who has missed more than 10 days of school in a school year is considered excessively absent. Your child, ______________, has missed _________ days from ____________ to ____________. A summary of your child’s attendance is attached.

We realize that there are often extenuating circumstances, like an extended illness, that cause a child to be absent from school. We also know that regular attendance is important for successful learning, and your child’s success is something we value.

The primary reason for this letter is to make certain that you realize the number of days your child has been absent from school. We also want you to know that we care and want you to let us know if there is something we can do to help.

Please call if you have any questions. Thank you.

Sincerely,

XXXXX

XXX Principal

Attachment: Attendance Summary

Form 3122F2

SCHOOL LETTERHEAD

ATTENDANCE LETTER #2

DATE

Dear __________________________,

Your child, ____________, has missed ___________ days of school from ___________ to _____________. You were previously mailed a letter of concern about excessive absences on_____________, as well as a summary of your child’s attendance and a copy of the District attendance policy.

We continue to have concerns about your child’s attendance. According to District procedure:

This letter will require you to respond within 5 days. A meeting with the child’s parent(s) and school may be held to discuss the student’s attendance patterns.
If the attendance issue does not improve, a complaint of neglect with the Department of Family Services may be filed.
and Additionally, Court Services may also be notified. Court Services sponsors a program through the Community Mediation Center to assist families with attendance issues.
A copy of this letter will be sent to the District Attendance Officer (the School Resource Officer/Bozeman Police Department).

Please contact the school, at 522-XXX within five (5) days to discuss this letter. If we have not heard from you after five days, you will be contacted directly by the School Resource Officer/Bozeman Police Department.

Regular attendance is important for successful learning, and your child’s success is something we value. We care about your child and your family and want you to let us know if there is something we can do to help.

Please call if you have any questions. Thank you.

Sincerely,

XXXX

XXX Principal

Attachment: Attendance Summary

cc: School Resource Officer

Court Services (if appropriate)

Revised: 1/25/2012

Bozeman Public Schools R

STUDENTS

Policy 3123

Attendance Policy - Truancy

Students are expected to attend all assigned classes each day. Teachers shall keep a record of absence and tardiness. Before the end of the school day, each school shall attempt to contact every parent, guardian, or custodian whose child is absent from school but who has not reported the child as absent for the school day, to determine whether the parent, guardian, or custodian is aware of the child’s absence from school.

For the purpose of this policy “truant” or “truancy” means the persistent non-attendance without excuse, as defined by this policy, for all or any part of a school day equivalent to the length of one class period of a child required to attend a school under 20-5-103. “Habitual truancy” means recorded unexcused absences of 9 or more days or 54 or more parts of a day, whichever is less, in 1 school year.

The Bozeman School District defines non-attendance without excuse (i.e., unexcused absence) as absenteeism that takes place without the approval of the parent and/or principal.

The Bozeman School District has appointed the principal of each school as the attendance officers of the district.

Upon the board designating one or more of its staff as the attendance officer(s), the attendance officer(s) shall have the powers and duties as stated in 20-5-105, MCA.

Legal Reference: § 20-5-103, MCA Compulsory attendance and excuses

§ 20-5-104, MCA Attendance officer

§ 20-5-105, MCA Attendance officer – powers and duties

§ 20-5-106, MCA Truancy

§ 20-5-107, MCA Incapacitated and indigent child attendance

§ 41-5-103(22), MCA Definitions

Policy History:

Adopted on: 10/12/2020

Revised on:

Bozeman Public Schools

STUDENTS

Policy 3124

Military Compact Waiver

The State of Montana is one of numerous states across the country that is a member of the Interstate Compact on Educational Opportunity for Military Children. As a school district within the State of Montana subject to the laws of the State of Montana, the District shall follow the requirements of the Compact for students who enroll at the District for whom the Compact applies.

Purpose

The purpose of the Interstate Compact on Educational Opportunity for Military Children is to remove barriers to educational success for children of military families due to frequent relocation and deployment of their parents. The Compact facilitates educational success by addressing timely student enrollment, student placement, qualification and eligibility for programs (curricular, co-curricular, and extra-curricular), timely graduation, and the facilitation of cooperation and communication between various member states’ schools.

Applicability

This Compact applies only to children of:

Active duty members of the uniformed services as defined in the Compact, including member of the national guard and reserve on active duty orders pursuant to 10 U.S.C., 12301(d) and 12304;

Members of the veterans of the uniformed services who are severely injured and medically discharged or retired for a period of 1 year after medical discharge or retirement; and

Members of the uniformed services who die on active duty or as a result of injuries sustained on active duty for a period of 1 year after death.

Educational Records and Enrollment

Hand Carried/Unofficial Educational Records: In the event that official educational records cannot be released to a parent for the purpose of school transfer, the custodian of records from the sending school shall prepare and furnish to the parent a complete set of unofficial educational records containing uniform information as determined by the Interstate Commission.

Upon receipt of the unofficial educational records, the District shall enroll and appropriately place the student based upon the information the school receives in the unofficial educational records, pending validation by the official records, as soon as possible.

Official Educational Records/Transcripts: At the time of enrollment and conditional placement of a qualifying student at the District, the District shall request the student’s official educational records from their last school of attendance.

A school receiving such a request shall process the official educational records request and furnish such within a period of ten (10) days, or within the timeline determined to be reasonable by the Interstate Commission.

Immunizations: The District shall provide a period of thirty (30) days from the date of enrollment, or such other time frame as determined by the rules of the Interstate Commission, within which students may obtain any immunizations required by the District. Where the District’s requirements include a series of immunizations, initial vaccinations must be obtained within thirty (30) days, or within the timeline determined to be reasonable by the Interstate Commission.

Kindergarten and First Grade Entrance Age: Students shall be allowed to continue their enrollment at grade level at the District, commensurate with their grade level from their receiving school, including kindergarten, at the time of transition. However, the provisions of Montana Code 20-5-101 regarding trustees enrolling a child in kindergarten or in first grade whose fifth (5th) or sixth (6th) birthday occurs on or before the tenth (10th) day of September of the school year in which the child is to enroll but is not yet 19 years of age, shall continue to apply.

A student who has satisfactorily completed the prerequisite grade level in the sending school shall be eligible for enrollment in the next highest grade level in the District, at the receiving school, regardless of age.

A student who is transferring into the District after the start of the school year shall enter the District on the student’s validated grade level from an accredited school in the sending state.

Placement and Attendance

Course Placement: Upon transfer of a qualifying student, the receiving District shall place the student in courses consistent with the student’s courses in the sending school and/or the school’s educational assessments.

Course placement includes, but is not limited to honors, international baccalaureate, advanced placement, vocational, technical, and career pathways courses.

Continuing the student’s academic program from the previous school and promoting placement in academically and career challenging courses should be paramount when considering placement. This requirement does not preclude the District from performing subsequent evaluations to ensure appropriate placement and continued enrollment of the student in the course(s).

Educational Program Placement: The District shall initially honor placement of the student in educational programs based on current educational assessments conducted at the sending school or participation/placement in similar programs at the sending school.

Educational program placement includes, but is not limited to, gifted and talented programs and English as a second language. This requirement does not preclude the District from performing subsequent evaluations to ensure appropriate placement of the student.

Special Education Services: In compliance with the federal requirements of the Individuals with Disabilities Education Act, the District, as the receiving school, shall initially provide comparable services to a student with disabilities based on his or her current Individual Education Plan.

In compliance with Section 504 of the Rehabilitation Act and with Title II of the Americans with Disabilities Act, the District, as the receiving school, shall make reasonable accommodations and modifications to address the needs of incoming students with disabilities consistent with his or her existing 504 or Title II Plan.

This does not preclude the District, as the receiving school, from performing subsequent evaluations to ensure appropriate placement and/or accommodations are made for the student.

Placement Flexibility: The District’s Administration shall have the flexibility to waive course/program prerequisites or other preconditions for placement in courses/programs offered by the receiving District.

Absences Relating to Deployment Activities: A student whose parent/legal guardian is an active duty member of the uniformed services and has been called to duty for, is on leave from, or immediately returned from deployment in a combat zone or combat support position, shall be granted additional excused absences at the discretion of the District’s Superintendent to visit with his or her parent/legal guardian relative to such leave or deployment of the parent/guardian.

Eligibility

Eligibility for Enrollment: A Special Power of Attorney pertaining to the guardianship of a student of a military family and executed under applicable law shall be sufficient for the purposes of enrollment and all other actions requiring parental participation and consent.

The receiving District shall not charge tuition to a transitioning military student placed in the care of a noncustodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent.

A transitioning military student, placed in the care of a noncustodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent, may continue to attend the school in which he or she was enrolled when residing with the custodial parent.

Eligibility for Extra-Curricular Activity Participation: The District shall facilitate the opportunity for transitioning military students’ inclusion in extracurricular activities, regardless of application deadlines, to the extent the student is otherwise qualified.

Graduation

In order to facilitate the on-time graduation of children of military families, the receiving District shall incorporate the following procedure:

Graduation Course Requirements – Waiver: The receiving District’s Administration, through the Superintendent or designee, shall waive specific courses that are required for graduation if similar coursework has been satisfactorily completed at another school.

If the District does not waive the specific course requirement for graduation, the District shall provide a reasonable justification for the denial. This justification shall be provided to the parent/legal guardian in writing.

If the receiving District does not waive the specific course requirement for graduation and the student would have otherwise qualified to graduate from the sending school, the receiving District shall provide an alternative means of acquiring required coursework to ensure that the student’s graduation will occur on time.

Exit Exams: In lieu of testing requirements required for graduation at the receiving District, the District and the State of Montana shall accept any or all of the following:

Exit exams or end-of-course exams required for graduation from the sending school;
National norm-referenced achievement tests; or
Alternative testing.

In the event the above alternatives cannot be accommodated by the receiving District for a student transferring during his or her senior year, subsection 3, below, shall apply.

Transfer During Senior Year of High School: Should a military student transferring at the beginning of or during the senior year be ineligible to graduate from the receiving District after all alternatives have been considered, the sending school and the receiving District shall ensure the receipt of a diploma from the sending school if the student meets the graduation requirements of the sending school.

In the event that one of the states in question is not a member of this Compact, the member state shall use best efforts to facilitate the on-time graduation of the student.

Conflicts

All state laws and District policies that conflict with this policy and/or in conflict with the Compact are superseded to the extent of the conflict.

Cooperation

The receiving District, through its administration, shall timely cooperate with all state agency inquiries and other District/school inquiries relating to a student who is covered by the Compact.

Cross Reference: 2333 Participation in Commencement Exercises

2410–2410P High School Graduation Requirements

3125F3 McKinney-Vento Homeless Education Assistance Dispute Resolution

Legal Reference: 20-1-230, MCA Enactment – interstate Compact on Educational Opportunity for

Military Children – provisions

Policy History:

Adopted on: 11/27/2017

Revised on: 10/12/2020

Bozeman Public Schools R

STUDENTS

Policy 3125

Education of Homeless Children

Every child of a homeless individual and every homeless child are entitled to equal access to the same free, appropriate public education as provided to children with permanent housing. The District must assign and admit a child who is homeless to a District school regardless of residence and irrespective of whether the homeless child is able to produce records normally required for enrollment. The District may not require an out-of-District attendance agreement and tuition for a homeless child.

Should a child become homeless over the course of the school year, the child must be able to remain at the school of origin, or be eligible to attend another school in the district.

The Superintendent will review and revise as necessary rules or procedures that may be barriers to enrollment of homeless children and youths. In reviewing and revising such procedures, the Superintendent will consider issues of transportation, immunization, residence, birth certificates, school records, and other documentation.

Homeless students will have access to services comparable those offered to other students, including but not limited to:

Transportation services;
Educational services for which a student meets eligibility criteria (e.g., Title I);
Educational programs for children with disabilities and limited English proficiency;
Programs in vocational and technical education;
Programs for gifted and talented students; and
School nutrition program.

The Superintendent will give special attention to ensuring the enrollment and attendance of homeless children and youths not currently attending school. The Superintendent will appoint a liaison for homeless children. A “homeless individual” is defined as provided in the McKinney Homeless Assistance Act.

Anyone having a concern or complaint regarding placement or education of a homeless child will first present it orally and informally to the District homeless liaison. To further ensure that the District is removing barriers to the educational access and success of children and youths who are homeless, and to ensure that Title 1 funding is expended in an appropriate manner, the District has adopted the dispute resolution form at 3125F.

Cross Reference: 1700 Uniform Complaint Procedure

Form

Legal Reference: 42 U.S.C. §§42 U.S.C. § 11301 et seq 11431, et seq. McKinney Homeless Assistance Act

§ 20-5-101, MCA Admittance of child to school

Policy History:

Adopted on: 3/03/2008

Revised on: 1/14/2013, 8/01/2017, 4/22/2019, 10/20/2021

3125F1

McKinney-Vento Homeless Student Assessment Form

The information on this form is required in order to meet the law known as the McKinney-Vento Act 42 U.S.C.11434a(2). This information will assist the school district in determining the services a student may be eligible to receive. Forms will be maintained in the Family-School Services Office.

Name of Student:____________________________________________ Gender: M F

Date of Birth: ____________________ School:______________________________ Grade: _____________

Name of Parent/Guardian: ___________________________________________ Unaccompanied Youth: Y N

Home Phone: ____________________ Cell Phone: ____________________ Other Contact: ______________

Name of Sibling	School	Grade/Age
1.
2.
3.

Current Address: ___________________________________________________________

Type of Housing: Shelter Doubled-up Motel/Hotel

Inadequate/Substandard Housing (describe):________________________________________________________

Other (describe): ______________________________________________________________________________

Factors contributing to current living situation: ________________________________________________________ Referral Source: __________________________ Date: _____________________

For Office Use Only

Student qualifies as homeless for services under Title X McKinney-Vento

Student does not qualify as homeless for services under McKinney-Vento. Notified of Dispute Resolution Process

Parent/Guardian declined services under Title X McKinney-Vento

Does student reside in Bozeman School District 7? Y N Does student require transportation? Y N

Attendance: ___________ Failing one or more classes: _________

Per last standardized test scores, student was not proficient in the following areas:

Reading Math Science

Is student at risk of failing to graduate?

Is this student facing disciplinary action (please explain)?

Is there a history of disciplinary issues (please explain)?

Does student receive services under any of the following programs: IEP 504 EL

Gifted Title I Title VI Free/Reduced Other

Parent/Guardian has been informed about the McKinney-Vento program, student(s) rights, and resources

Family-School Services Coordinator: ___________ Date:

1/29/10; 6/15/17

3125F2

Bozeman Public Schools

Homeless Education Liaison

404 W. Main St.

Bozeman, MT 59715

Referral to McKinney-Vento Families in Transition Liaison

DISTRICT INFORMATION

Liaison Contact Name

Anna Edwards

Telephone Number (Include Area Code)

406-522-6118

District Address (City, State, Zip Code)

404 W. Main St, Bozeman, MT, 59715

Contact E-Mail

anna.edwards@bsd7.org

PERSON MAKING REFERRAL

Date

Person Making Referral/Job Title

School/Agency Name

School/Agency Telephone Number

( )

School/Agency Address (City, State, Zip)

School/Agency E-Mail

STUDENT INFORMATION

I have identified the following student who may be experiencing a homeless condition and would like to make a referral to the Homeless Education Liaison.

Student Name

Current Address

Contact Information (Parent, Guardian, Other)

Name of School Last Attended

REASON FOR REFERRAL

Please check one of the following as a reason for referral and indicate details. You may attach additional information if necessary.

Shelter resident: __________________________________________________________________________________

Shared Housing (doubled up): _______________________________________________________________________

Motel/Hotel resident: ______________________________________________________________________________

Campground/Tent: ________________________________________________________________________________
Unaccompanied Youth (not in the physical custody of parent/guardian and lacking a regular, fixed, nighttime residence): ________________________________________________________________________________________________

Substandard housing (no electricity/no running water): _____________________________________________________

Car or abandoned building: __________________________________________________________________________

Other (please describe): _____________________________________________________________________________

Additional comments: _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Please mark this box if you are adding additional pages.

Date Referral Received: ____/_____/________ Action Taken: _______________________________________________ ________________________________________________________________________________________________________________________________________________________________________________________

Homeless Liaison: ________________________ Deputy Superintendent: ___________________________________

CC Principal: _____________________________

3125F3

Families in Transition

(McKinney-Vento Homeless Education)

Dispute Resolution Form

This form may be completed by a parent/guardian of a student who has been identified or is requesting identification as a student experiencing homelessness, by an unaccompanied homeless youth (UHY), by an advocate acting on behalf of such persons, a district homeless liaison, or by the administrator or superintendent of a school or district.

This form should be used when there is a disagreement regarding a student’s designation as “homeless” for the purposes of accessing rights and services guaranteed under Subtitle VII-B of the McKinney-Vento Act, or when there is a disagreement regarding the services to be offered to a student based on that status, including, but not limited to, transportation, participation in Title I, EL, Migrant, Special Education, or Indian Education services, or participation in school-based athletics, fine arts, career and technical education, or other school sponsored extra-curricular activities.

School Name

Name & Title of Homeless Liaison

Address

Email and Phone Number

Name of Student (s)

Birth Date(s) and Grade Level(s)

Current Address

Email and Phone Number for Student (if available)

Name of Parent/Guardian/Caretaker (if available)

Email and Phone Number (if available)

Briefly Describe the Dispute/Disagreement (attach additional documentation as necessary)

Additional documentation should be attached to this form and submitted when the dispute is filed.

Date Dispute Filed with Superintendent

Decision – Please attach additional documentation

Date Dispute Filed with School Board

Decision – Please attach additional documentation

Date Dispute Filed with State Coordinator

Decision – Please attach additional documentation

This form must be submitted to:

Heather Denny, State Coordinator for Homeless Education, hdenny@mt.gov, or 406-444-2036.

Revised: 8/01/2017, 4/08/2019

Bozeman Public Schools

STUDENTS

Policy 3126

Middle School Attendance Areas and Enrollment

Middle School students (grades 6–8) shall attend the school designated for their respective attendance areas (see link to official middle school map HERE). Exceptions to the controlled choice enrollment procedures may be granted by the Superintendent or designee based on adherence to federal guidelines related to Special Education and the McKinney-Vento Act, or upon showing that there is a financial, educational or health problem affecting the student or his/her family which shall be significantly alleviated by attending a specific school.

In order to better balance class sizes to accommodate regular education, special education or other programs, transfers of students between the two middle schools may be allowed with the concurrence of both principals and the Superintendent or designee.

Policy History:

Adopted on: 11/24/1986

Revised on: 1/13/1992, 3/08/1993, 5/10/1993, 5/22/1995, 5/12/1997, 4/12/1999, 1/28/2008, 3/03/2008, 10/12/2020

Bozeman Public Schools

STUDENTS

Procedure 3126P

Middle School In-District Student Transfer Procedure

Both middle schools offer a comprehensive educational program and middle school students (grades 6–8) shall attend the school designated for their respective attendance areas (see official middle school map attached). Exceptions to the enrollment attendance areas may be granted by the Superintendent or designee based on adherence to federal guidelines related to Special Education and the McKinney-Vento Act (Policy 3125).

Other exceptions will be considered for, and prioritized according to:

Legal/Safety
Health
Academic
Siblings
Children of Staff
Other Requests

Middle school students will enroll in accordance with the procedures established by the Superintendent or designee. In developing the procedures, the following criteria will be used by the administration when considering out of attendance area exceptions:

state accreditation standards
availability of specialty or elective courses
overall class sizes
the impact of increased or decreased enrollment on support areas, i.e., counselors; special needs classes and administrative services
student's attendance and discipline history

Transfers of students between the two middle schools may be allowed or required with the concurrence of both principals and the Superintendent or designee.

Middle school students living within Bozeman Public Schools boundaries, who wish to attend other than their attendance area school, must meet the following guidelines:

All students must complete a Middle School Transfer Request Form which is available on our website at www.bsd7.org 3126F
The District reserves the right to return students to their attendance area school if overcrowding results at the receiving school or in order to balance enrollments.
No transfers will be made to accommodate extra- or co-curricular activities.
In the case of a transfer, the transportation will be the responsibility of the parent/guardian.
If approved, the transfer may occur only at the beginning of the school year, unless deemed necessary by the District.
There is no guarantee of continued attendance at a non-attendance area school; determinations will be made on a year-to-year basis by or before mid-August.
A student may have only one transfer during his/her middle school career and only if the transfer is legitimately based on the stated exceptions, unless deemed necessary by the District.
All out of District students will be assigned to the middle school closest to their residence, space permitting. Requests for transfers need to follow this procedure.
Acceptance of out of attendance area transfers is contingent on the student’s behavior, regular attendance and passing grades, and adherence to school and District policies. Violation of any of these contingencies or truancy violations may result in a student being transferred back to their attendance area school.

Final placement of any student will be decided by Administration.

Students who wish to attend a middle school other than their attendance area (zoned) middle school must complete a Middle School Student Transfer Request Form. Transfer requests will be considered by the established deadlines below.

Priority Criteria

All requests for transfers will be based on a priority system in order to best balance enrollments between the two middle schools. Requests for transfer will be prioritized as follows:

Legal/Safety
Health
Academic
Siblings
Children of Staff
Other

Final determinations will be made no later than mid-August. If the number of approved requests exceeds space available, a lottery system within each criteria will be used for transfers that fall under Priority Criteria 4, 5, and 6.

Final placement of any student will be decided by Administration.

Legal/Safety

Criteria will be considered on a case-by-case basis by administration. Documentation may be required.

Mental or Physical Health (Note: Both schools are equipped to support student mental/emotional and physical health needs.) The request for transfer process must include the following items:

The completed Middle School Student Transfer Request Form
Documents supporting reason for request (NOTE: Staff are not allowed to provide a letter of support.)

Academic (Note: Both schools are equipped to support student academic needs.)

The request for transfer process must include the following items:

The completed Middle School Student Transfer Request Form
Documents supporting reason for request (NOTE: Staff are not allowed to provide a letter of support.)

Siblings

Any sibling of a student currently attending one of the middle schools will be allowed to apply to attend the same school (i.e., the student’s sibling(s) must be at the same school at the same time). The request for transfer process must include the following items:

The completed Middle School Student Transfer Request Form

Children of Staff

Students whose parent/guardians are at least .75 FTE employees of the District may apply to attend the school in which their parent/guardian works. The request for transfer process must include the following items:

The completed Middle School Student Transfer Request Form

Other

Any reason that does not fall within the previous priorities (e.g., request to remain in a school after residence change) must be requested through the Request for Transfer process including the following items:

The completed Middle School Student Transfer Request Form
Documents supporting reason for request (NOTE: Staff are not allowed to provide a letter of support.)

Submit the completed documents to:

Deputy Superintendent’s Office

Bozeman Public Schools

404 West Main Street

Bozeman, Montana 59715

If you have questions, please feel free to contact the Deputy Superintendent’s Assistant at 522-6003.

Cross reference: 3125 Education of Homeless Children

3128 High School In-District Student Transfer Policy

1700 Uniform Complaint Procedure

Policy History:

Adopted on:

Revised on: 2/15/2005, 3/26/2006, 12/01/2006, 3/03/2008, 1/09/2019, 2/26/2019, 1/31/202, 10/12/2020

IN-DISTRICT MIDDLE SCHOOL

STUDENT TRANSFER REQUEST

(Separate form must be filled out for each student)

Form 3126F

Date ________________________________________ Time ___________________________________

Student Name _______________________________ Current Grade ________ Age _________

Academic year applying for ______________________ Current School Attending __________________

ATTENDANCE AREA SCHOOL _______________________ REQUESTED SCHOOL ___________________

Does Student have an IEP? Yes ☐ No ☐

Parent Name(s) ______________________________________________________________________________

Address _______________________________________________ Phone No. _______________________

City __________________________________________________ State ________ Zip Code _________

Reason for the request: (Choose One)

Legal/Safety Health Academic Siblings .75 FTE Staff Member Other

Note: All schools are equipped to support student academic, mental/emotional, and physical health needs.

Include:

A letter from parent/guardian detailing explanation for the request.
Documents supporting reason for request. (NOTE: Staff are not allowed to provide a letter of support.)
Current and previous progress report schedule or most recent report card.

The undersigned parent(s)/guardian(s) verifies the information provided is accurate and they understand the transfer policy:

Parent/Guardian Signature:__________________________________________ Date: _____________________

Parent Main Email Address: _____________________________________________________________________

Accommodations for students requesting transfers will be made based on date and time of receipt of the form by the District Enrollment Office with the earliest date and time having priority. Any decisions will be for the current school year requested only. There is no guarantee of enrollment for the following year. A new Student Transfer Request form will need to be submitted for subsequent years. Transfer requests for the following school year will be considered on a space-available basis and notifications will occur no later than mid-August after the attendance area students have been placed. See Procedure 3126P.

Acceptance of out of attendance area transfers is contingent on the student’s behavior, regular attendance and passing grades, and adherence to school and District policies. Violation of any of these contingencies or truancy violations may result in a student being transferred back to their attendance area school.

SCHOOL DISTRICT USE ONLY BELOW THIS LINE

***********************************************************************************************************************************

Transfer Request Decision: Approved __________ Denied __________

If denied, reason for the denial: __________________________________________________________________

Date reviewed: ______________________

Was parent/guardian and/or student interviewed: Yes _______ No _______

PowerSchool and/or Student File checked for Parenting Plan: Yes _______ No _______

Administrative Action: __________________________________________________________________________

Deputy Superintendent Instruction _____________________________ Date _____________________

Principal (Requested School) _____________________________ Date _____________________

Principal (Current School) _____________________________ Date _____________________

Bozeman Public Schools

STUDENTS

Policy 3127

Bridger Charter Academy Enrollment

Bridger Charter Academy (BCA) is a District program; not a separate school. It is intended that the Bridger Charter Academy will be highly effective for students seeking:

a competency/proficiency based pathway to graduation. A competency/proficiency based system is one that creates flexibility by allowing students to progress as they demonstrate proficiency with academic content and skills, regardless of time, place, or pace of learning.
personalized instruction (via goals, pacing, and context);
flexible scheduling (based on personal, vocational, curricular and extracurricular needs);
learning opportunities outside the traditional classroom; and
a small learning community, focused on academic, personal, and social growth.

While BCA has a limited enrollment capacity based on staffing, the program is open to all students in grades 9-12 who reside within the Bozeman High School District.

Cross Reference: 3128 High School In-District Student Transfer

Policy History:

Adopted on: 5/20/2019

Revised on: 10/12/2020

Bozeman Public Schools

STUDENTS

Procedure 3127P

Bridger Charter Academy Information and Admissions

The leadership team at Bozeman High School and the staff of the Bridger Charter Academy received approval from the Montana Board of Public Education to create a public charter program as defined by MCA 10-55-604 (Section 11).

Bridger Mission Statement: To ensure academic, personal, and social growth of every learner by providing personalized access to rigorous competencies and opportunities for learning that extend beyond the walls of the school.

Bridger Shared Vision: In the Bridger community and in life, Bridger students empower themselves through strong character, genuine learning, and hard work or growth through learning, strength through character, Success through hard work.

Bridger Framework: The academy offers students the opportunity to learn and grow under a competency-based instructional model. In this model, students will progress through coursework based on achievement or proficiency towards specific curriculum standards, rather than a traditional credit attainment model based on seat time. The Academy will seek to maintain a small teacher/student ratio and for the immediate future the total enrollment will be capped at 130-150 students, based on staffing and scheduling timelines. This enrollment cap may change over time as the program develops.

Education Model

Bridger Charter Academy implements a competency based pathway to graduation. Competency-based strategies provide flexibility in the way that credit can be earned or awarded, and provide students with personalized learning opportunities” (U.S. Department of Education, 2016).

Specifically, Bridger Charter Academy includes:

units of credit defined by rigorous competencies, aligned with local, state, and national standards;
advancement upon mastery of rigorous competencies;
personalized learning plans focused on individual learner growth;
learning opportunities outside the traditional classroom (e.g. vocational pathways, dual credit opportunities, community outreach, blended learning, etc.);
flexible scheduling.

Admissions

Students who are enrolled in the BCA program will maintain concurrent enrollment in BCA and Bozeman High School.

Students interested in enrollment should notify the Bridger Charter Academy program administrator. Program staff prior to enrollment may interview interested students. Prior to enrollment, program staff will consult with and orient students and families to the program.

All high school age students who reside in the Bozeman School District will have access to the program as per district enrollment policy (Policy 3110) and based on space available.
To be a part of Bridger Charter Academy, students must enroll in a minimum of two (2) Bridger Charter Academy program classes. Students not enrolled in two (2) Bridger Charter Academy classes will return to their attendance area high school. Individual circumstances will be considered by the program administrator.

A student who is granted acceptance to BCA, or who returns from BCA, is subject to eligibility policies established by the Montana High School Association (MHSA). Specifically, the ninety (90) school day ineligibility rule will apply at the varsity level.

All enrollment is dependent on space available and staffing timelines. Staffing levels are based on student enrollment requests. Final staffing allocation is determined in July for the subsequent school year. There will be enrollment caps and deadlines based on staffing allocation.

If there is no space available, students will be placed on a waitlist and/or a lottery system may be employed if there are a significant number of requests for enrollment.

Working in conjunction with Bozeman High School staff, Bridger will provide all related educational services (i.e. special education, 504, EL) to serve the needs of all students who may be interested in enrolling in Bridger Charter Academy.

Students who have been expelled due to illegal or chronic behaviors will not be considered for the Bridger Charter Academy until reinstated by the Board of Trustees.

Priority may be given to those students who most recently attended Bozeman School District.

Students are prioritized on a waiting list for entrance into the program at the start of the next grading period and/or semester.

Students completing their program at Bridger Charter Academy must be in attendance for at least the last semester in which they intend to graduate.

Policy History:

Adopted on: 5/20/2019

Revised on: 4/30/2021, 4/27/2022, 10/21/2025

Bozeman Public Schools

STUDENTS

Policy 3128

High School In-District Student Transfer Policy

Both high schools offer a comprehensive educational program and high school students (grades 9–12) shall attend the school designated for their respective attendance areas (see link to the official high school map HERE). Exceptions to the enrollment attendance areas may be granted by the Superintendent or designee based on adherence to federal guidelines related to Special Education and the McKinney-Vento Act (Policy #3116).

Other exceptions will be prioritized as follows:

Legal/Safety
Health
Academic
Siblings
Children of Staff
Other Requests

High school students will enroll in accordance with the procedures established by the Superintendent. In developing the procedures, the following criteria will be used by the administration when considering out of attendance area exceptions:

state accreditation standards
availability of specialty or elective courses
overall class sizes
the impact of increased or decreased enrollment on support areas, i.e., counselors; special needs classes and administrative services
student's attendance and discipline history

Transfers of students between the two high schools may be allowed or required with the concurrence of both principals and the Superintendent or designee.

Cross reference: 3125 Education of Homeless Children

3127 Bridger Charter Academy Enrollment

1700 Uniform Complaint Procedure

Policy History:

Adopted on: 1/28/2019

Revised on: 10/19/2021

Bozeman Public Schools

STUDENTS

Procedure 3128P

High School In-District Student Transfer

High school students living within Bozeman Public Schools boundaries, who wish to attend other than their attendance area school, must meet the following guidelines:

All students must complete a Transfer Request Form which is available on our website at www.bsd7.org
The District reserves the right to return students to their attendance area school if overcrowding results at the receiving school or in order to balance enrollments.
The student who is granted a transfer, not due to a family move, is subject to eligibility policies established by the Montana High School Association (MHSA). Specifically, the ninety (90) school day ineligibility rule will apply at the varsity level.
No transfers will be made to accommodate extra- or co-curricular activities.
In the case of a transfer, the transportation will be the responsibility of the parent/guardian.
If approved, the transfer may occur only at the beginning of the semester, unless deemed necessary by the District.
A student may have only one transfer during his/her high school career and only if the transfer is legitimately based on the stated exceptions, unless deemed necessary by the District.
There is no guarantee of continued attendance at a non-attendance area school; determinations will be made on a year-to-year basis.
All out of District students will be assigned to one of the Bozeman High Schools at the discretion of the Superintendent or designee. Students residing within the Bozeman School District boundaries will be placed at the high school associated with that attendance area. Requests for transfers need to follow this procedure.
Acceptance of out of attendance area transfers is contingent on the student’s behavior, regular attendance and passing grades, and adherence to school and District policies. Violation of any of these contingencies or truancy violations may result in a student being transferred back to their attendance area school.

Final placement of any student will be decided by Administration.

This procedure does not apply to Bridger Charter Academy. Please see District Procedure #3127P for Bridger Charter Academy enrollment procedure.

Students living within Bozeman Public Schools boundaries, who wish to attend a high school other than their attendance area (zoned) high school must complete a Transfer Request Form by the established deadlines below.

Submit forms between April 15 - May 15 for a transfer starting at the beginning of the school year.
Submit forms between October 15 - December 15 for a transfer beginning after Semester 2.

Exceptions will be considered for those students and families moving into the district after the above dates. Exceptions will be considered at the discretion of the Superintendent, or designee, for extenuating circumstances. (District Policy #3124)

Priority Criteria

All requests for transfers will be based on a priority system in order to best balance enrollments between the two high schools. Requests for transfer will be prioritized as follows:

Legal/Safety
Health
Academic
Siblings
Children of Staff
Other

If the number of approved requests exceeds space available, a lottery system within each criteria will be used for transfers that fall under Priority Criteria 4, 5, and 6. Final placement of any student will be decided by Administration.

Legal/Safety

Criteria will be considered on a case-by-case basis by administration. Documentation may be required.

Mental or Physical Health (Note: Both schools are equipped to support student mental/emotional and physical health needs.) The request for transfer process must include the following items:

The completed In-District High School Student Transfer Request Form
A letter from student detailing explanation for the request
A letter from parent/guardian detailing explanation for the request
Documents supporting reason for request (NOTE: Staff are not allowed to provide a letter of support.)
Current grades in all classes and current schedule or most current report card if not in high school yet
Graduation Credit Check Form (if in 10th-12th grade)

Academic (Note: Both schools are equipped to support student academic needs. Transfer policy is not applicable for a single course not offered at student’s attendance area school.) The request for transfer process must include the following items:

The completed In-District High School Student Transfer Request Form
A letter from student detailing explanation for the request
A letter from parent/guardian detailing explanation for the request
Documents supporting reason for request (NOTE: Staff are not allowed to provide a letter of support.)
Current and previous progress report schedule or most current report card if not in high school yet
Graduation Credit Check Form (if in 10th-12th grade)

Siblings

Any sibling of a student currently attending one of the high schools will be allowed to apply to attend the same school (i.e., the student’s sibling(s) must be at the same school at the same time; they cannot have already graduated or left the school). The request for transfer process must include the following items:

The completed In-District High School Student Transfer Request Form
A letter from student detailing explanation for the request
A letter from parent/guardian detailing explanation for the request
Documents supporting reason for request (NOTE: Staff are not allowed to provide a letter of support.) Please include a letter from a medical or mental health professional documenting the history of qualifying condition.
Current and previous progress report schedule or most current report card if not in high school yet
Graduation Credit Check Form (if in 10th-12th grade)

Children of Staff

The completed In-District High School Student Transfer Request Form
A letter from student detailing explanation for the request
A letter from parent/guardian detailing explanation for the request
Documents supporting reason for request (NOTE: Staff (other than the employee) are not allowed to provide a letter of support.)
Current and previous progress report schedule or most current report card if not in high school yet
Graduation Credit Check Form (if in 10th-12th grade)

Other

The completed In-District High School Student Transfer Request Form
A letter from student detailing explanation for the request
A letter from parent/guardian detailing explanation for the request
Documents supporting reason for request. (NOTE: Staff are not allowed to provide a letter of support.)
Current and previous progress report schedule or most current report card if not in high school yet
Graduation Credit Check Form (if in 10th-12th grade)

Additional documents for review and/or completion:

• Policy 3128

• Form 3128F: In-District High School Student Transfer Request Form

• Graduation Credit Check Form (see current school counselor)

• MHSA information on transfers

Submit the completed documents to the principal of your attendance area school:

Dan Mills Erica Schnee

Bozeman High School Gallatin High School

205 N. 11th Avenue 4455 Annie Street

Bozeman, Montana 59715 Bozeman, Montana 59718

If you have questions, please feel free to contact the Superintendent’s Office at 522-6001.

Policy History:

Adopted on: 1/28/2019

Revised on: 10/19/2020, 1/07/2021, 10/19/2021, 11/22/2021, 7/25/2022, 1/18/2023

In-District High School Student Transfer Request

Form 3128F

Date: _________________

Student Name: ____________________________________________________

Last First

Current Grade: _______ Age: _______

Academic year and semester applying for: _________ _________

Current School student is attending: ______________________

Student Attendance Area: (Based on current address or new address if change of residence)

Bozeman High School_____ Gallatin High School _____

Physical Address: Mailing Address: ______________________________________________

Parent//Guardian Name/s: _____________________________________________________

Last First

Parent/Guardian Phone #s: ____________________________________________________

Student is requesting a transfer to: ____________________________High School.

Reason for request: Choose one of the reasons below for requesting this transfer.

_____Legal/Safety _____Health _____Academic

_____Siblings _____Children of Staff _____Other

Include:

A letter from student detailing explanation for the request
A letter from parent/guardian detailing explanation for the request
Documents supporting reason for request. (NOTE: Staff are not allowed to provide a letter of support.) Please include a letter from a medical or mental health professional documenting the history of qualifying condition.
Current and previous progress report schedule or most current report card if not in high school yet
Graduation Credit Check Form (if in 10th-12th grade). Available in the High School Counselor Office.

The undersigned parent/guardian and student verify that the information is accurate and all parties understand the transfer policy and related policy implications such as Montana High School Association activity eligibility.

Student Signature: _______________________________________________ Date: ________

Parent//Guardian Signature: ________________________________________Date: ________

Please return this form and information listed above to the principal of your student’s attendance area school. (Dan Mills for Bozeman High School and Erica Schnee for Gallatin High School).

School District use below this line

**************************************************************************************************************************

Committee Review: Comprised of BHS and GHS principals and Superintendent and Deputy Superintendents.

Transfer Request decision: Approved _______ Denied _______

If denied, reason for the denial: _______________________________________________

Date reviewed: _________________________

Was parent/guardian and/or student interviewed: Yes______ No_____

PowerSchool checked for parenting plan: Yes______ No_____

Superintendent Signature: ________________________________________ Date: __________

Bozeman High School Principal Signature: __________________________________ Date: __________

Gallatin High School Principal Signature: ____________________________________ Date: __________

Policy History:

Adopted on: 1/28/2019

Revised on: 10/19/2020, 1/07/2021, 10/19/2021

Bozeman Public Schools

STUDENTS

Policy 3129

Elementary School Attendance Areas and Enrollment

The enrollment process for elementary students (grades K-5) supports attendance areas in order to promote and maintain neighborhood relationships and the concepts associated with safe routes to schools, including walking, riding bicycles, and transportation efficiency. All schools in the District are schools of quality, with equitable programs that support the whole child.

Attendance areas have been thoughtfully drawn based on historical boundaries, natural boundary lines, and enrollment projections. Students will attend attendance area schools on a priority basis with an option for school transfers based on parents’ requests. All placements will be based on space availability.

Kindergarten through grade 5 students will enroll in accordance with procedures established by the Superintendent. Exceptions to the enrollment procedures may be granted by the Superintendent or designee based on adherence to federal guidelines including Special Education and the McKinney-Vento Act. In order to accommodate special education or other circumstances, forced transfers of students between schools may occur. Administration will make all final placement decisions.

Policy History:

Adopted on: 3/03/2008

Revised on: 7/25/2011

BOZEMAN PUBLIC SCHOOLS

Procedure 3129P

STUDENTS

Elementary School Attendance Areas and Enrollment

In 2009-10, Bozeman School District #7 implemented an attendance area enrollment and placement system.

Enrollment And Placement

Registration and placement will occur in “rounds” with placement priorities honored in each round.

Round 1: Online enrollment forms completed by the publicized registration date, and any student who started attending school after May 1 of the current school year.) Those enrolling during the first round will all be treated equally according to placement procedures as described in #2 below.
Round 2: Online enrollment forms completed after the first round. Round 2 enrollments will be placed as received on a space available basis for attendance area students.

If new enrollment applications exceed the space available at the attendance area school, a randomly generated lottery number will be assigned to each student and will be sorted by that number within their priority.

Round 1 Placement:

Students who have been on a waitlist from the previous school year wanting to attend their attendance area school.
Students requesting a transfer to their attendance area school on their Spring Intent to Return Enrollment Form.
Students new to the district who wish to attend their attendance area school.

All new incoming Kindergarten students requesting their attendance area school:

Incoming Kindergarten siblings who live within the attendance area.
Incoming Kindergarten students who live in the attendance area.

Returning students entering Grades 1-5 requesting to attend their attendance area school:

Returning students from the previous years waitlist wishing to attend their attendance area school.
Returning students who live within the attendance area and have a sibling at the school.
Returning students who live in the attendance area.

Students Grade 1-5 new to the Bozeman School District requesting their attendance area school:

Students new to the district who live in the attendance area and have a sibling at the school.
Students new to the district who live in the attendance area.

Round 2 Placement:

Students on the waitlist wishing to transfer to their attendance area school:

Students who requested a transfer on their intent to return form.
Students from first round placement.

Students new to the district who wish to attend their attendance area school.
Students new to the district who wish to attend a non-attendance area school.

All new incoming Kindergarten students requesting their attendance area school

Incoming Kindergarten siblings who live within the attendance area.
Incoming Kindergarten students who live in the attendance area.

Returning students entering Grades 1-5 requesting to attend their attendance area school:

Returning students from the previous years waitlist wishing to attend their attendance area school.
Returning students who live within the attendance area and have a sibling at the school.
Returning students who live in the attendance area.

Students Grade 1-5 new to the Bozeman School District requesting their attendance area school:

Students new to the district who live in the attendance area and have a sibling at the school.
Students new to the district who live in the attendance area.

Non-attendance Area Requests:

Students wishing to attend a non-attendance area school will be prioritized and placed based on the date and time in which their Student Transfer Request forms were received. There is no guarantee of continued enrollment at a non-attendance area school; determinations will be made on a year-to-year basis and a new Student Transfer Request form will need to be submitted each year.

Note: At the end of each school year and throughout the summer, those students enrolled at a Non-Attendance Area School of Choice will be transferred to their attendance area school, as space permits. Student Transfer Requests for the following school year will be considered on a space-available basis and notifications will occur no later than mid to late August after the attendance area students have been placed.

If non-attendance area students exceed the space available at the attendance area school, a randomly generated lottery number will be assigned to each student. The lottery will be conducted based on the following priority system:

Students who are non-AA and have no siblings at the school.
Students who are non-AA and have siblings at the school.

All Nonresident students (Policy #3141) for Grades K-5 will be assigned based on space available.

Students whose parents/guardians are at least .75 FTE employees of the District may be prioritized to attend the school in which their parent/guardian works on a space available basis. See #6 for information on forced transfers.

All new Kindergarten students requesting a non-attendance area school

Siblings of current non-attendance area students.
Incoming students without the previous priorities.

Students entering grades 1-5 requesting a non-attendance area school

Siblings of current non-attendance area students.
Returning students entering grades 1-5 who wish to attend a non-attendance area school.
New to the district students entering grades 1-5 requesting a non-attendance area school who have a sibling at the non-attendance area school.
New to the District students, entering grades 1-5, whose parents are at least .75 FTE employees of the District may apply to attend the school in which their parent/guardian works.
New to the district students entering grades 1-5 requesting a non-attendance area school.

Mid-Year Placements

When new students enroll after the start of the school year, placement decisions will adhere to the following

guidelines:

Students will be placed based on available space in accordance with the Montana Office of Public Instruction (OPI) class size accreditation standards. This may or may not be at the attendance area school.
The district will not place students in classrooms that exceed OPI class size accreditation standards when space is available at other district schools for the same grade level.
To maintain family unity, siblings will be placed together at a school where all siblings can attend without exceeding OPI class size accreditation standards.
In situations where sibling placement at a single school would exceed standards, siblings will be placed together at the school requiring the fewest number of overflow paraprofessionals to maintain compliance with OPI class size accreditation standards.

Forced Transfers:

If the District needs to force transfer a student to a non-attendance area school due to lack of space at an attendance area school, or because boundaries were realigned due to lack of space, that student would be given the option to either:

Remain at that non-attendance school through 5th grade without having to reapply annually as space permits, or
Move to his/her attendance area school when space is available.

Waitlist Procedure:

A waitlist procedure is in place to facilitate the movement of students into their attendance area schools or schools of choice for a limited time.

Students not previously placed in their attendance area schools or wishing a transfer to their attendance area school will remain on the waitlist until classroom space opens up due to attrition. Note: Students will not be moved if there are significantly unequal class sizes.
After school begins, movement will be limited to students new to the District, to those students on a waitlist for their attendance area school, and students with extenuating circumstances. Students may also be moved to equalize class sizes.

Final placement of any student will be decided by Administration.

Policy History:

Adopted on:

Revised on: 3/26/2008, 3/09/2009, 8/19/2009, 10/23/2009, 8/02/2010, 5/2/2011, 11/15/2012, 3/14/2013,

5/21/2013, 11/15/2017, 11/29/2018, 02/11/2019, 01/31/2020, 4/15/2020, 4/15/2021, 3/03/2025, 10/21/2025, 4/28/2026

3129F

IN-DISTRICT ELEMENTARY

STUDENT TRANSFER REQUEST

(Separate form must be filled out for each student)

Date ________________________________________ Time ___________________________________

Student Name _________________________________ Current Grade ___________ Age _________

Academic year applying for ______________________ Current School Attending __________________

ATTENDANCE AREA SCHOOL __________________ REQUESTED SCHOOL ___________________

Does Student have an IEP? Yes ☐ No ☐

Parent Name(s) ______________________________________________________________________________

Address _______________________________________________ Phone No. _______________________

City __________________________________________________ State ________ Zip Code _________

Reason for the request: (Choose One)

Legal/Safety

Health

Academic

Siblings

.75 FTE Staff Member

Other

Note: All schools are equipped to support student academic, mental/emotional, and physical health needs.

Include:

A letter from parent/guardian detailing explanation for the request.
Documents supporting reason for request. (NOTE: Staff are not allowed to provide a letter of support.)

The undersigned parent(s)/guardian(s) verifies the information provided is accurate and they understand the transfer policy:

Parent/Guardian Signature:__________________________________________ Date: _____________________

Parent Main Email Address: _____________________________________________________________________

Accommodations for students requesting transfers will be made based on date and time of receipt of the form by the District Enrollment Office with the earliest date and time having priority. Any decisions will be for the current school year requested only. There is no guarantee of enrollment for the following year. A new Student Transfer Request form will need to be submitted for subsequent years. Transfer requests for the following school year will be considered on a space-available basis and notifications will occur no later than mid to late August after the attendance area students have been placed. See #3129P.

SCHOOL DISTRICT USE ONLY BELOW THIS LINE

***********************************************************************************************************************************

Transfer Request Decision: Approved __________ Denied __________

If denied, reason for the denial: __________________________________________________________________ ___________________________

Date reviewed: ______________________

Was parent/guardian and/or student interviewed: Yes _______ No _______

PowerSchool and/or Student File checked for Parenting Plan: Yes _______ No _______

Administrative Action: __________________________________________________________________________ ____________________

Deputy Superintendent Instruction _____________________________ Date _____________________

Principal (Requested School) _____________________________ Date _____________________

Principal (Current School) _____________________________ Date _____________________

Bozeman Public Schools

STUDENTS

Policy 3130

Students of Legal Age

Every student eighteen (18) years of age or older, like all other students, will comply with the rules established by the District, pursue the prescribed course of study, and submit to the authority of teachers and other staff members as required by policy and state law.

Forms

Adult students who reside with parents or guardians and/or are classified as dependents of parents or guardians for tax purposes must have applicable forms completed by parents or guardians.

Admission to School

The residence of an adult student who is not residing with a parent or guardian will be considered the residence for school purposes.

Field Trips/Athletic Programs

Approved forms for participation will be required of all students. The form should indicate that the signature is that of the parent.

Absence/Lateness/Truancy

Absence notes will be signed by parents or guardians. Excessive absences will result in consequences according to policy 3122P and will be reported on the report card.

Suspension/Expulsion

All suspension and/or expulsion proceedings will conform to the requirements of state statutes. Notification of all such proceedings will be sent to parents or guardians.

Withdrawal From School

Adult students may withdraw from school under their own cognizance. Counselors will guide and counsel potential dropouts and encourage their continued attendance. Parents will be notified of impending dropouts by the school.

Permission to Inspect Student Records

A student that attains the age of legal majority is an “eligible student” under FERPA. An eligible student has the right to access and inspect their student records. An eligible student may not prevent their parents from accessing and inspecting their student records if they are a dependent of their parents in accordance with Internal Revenue Service regulations.

Report Cards

Progress reports will be sent to the parent or legal guardian.

Excuses From School

The school will verify requests from students who wish to leave school early for reasons such as job interviews, college visits, driver testing, etc., with the organization being visited. Permission to leave school early may be denied for what is considered a non-valid reason.

Financial Responsibility

Adult students can be held financially responsible for damage to school property.

Policy History:

Adopted on: 10/12/2020

Revised on:

Bozeman Public Schools

STUDENTS

Policy 3141

Nonresident Student Enrollment

For the purposes of this policy, except as provided in Section 20-9-707, MCA, a student’s district of residence must be determined on the basis of the provisions of Section 1-1-215, MCA.

Mandatory Nonresident Enrollment for Extenuating Circumstances

The District shall enroll a student who resides outside of the District whenever the extenuating circumstances listed in Section 20-5-321, MCA, exist.

Nonresident Enrollment with No Extenuating Circumstances

Beginning with enrollment for the 2024-2025 school year, whenever the extenuating circumstances listed in Section 20-5-321, MCA do not exist and mandatory enrollment of a student who resides outside the District is not required, the District may enroll the nonresident student at the request of the student’s parent or guardian as specified in this policy. The District shall serve children who are residents of the district and nonresident children seeking mandatory enrollment for extenuating circumstances prior to enrolling nonresident students seeking to apply when extenuating circumstances do not exist.

Every nonresident student who seeks to enroll in the District shall apply for admission for the succeeding school year by January 31. All applications shall be submitted using the form found in Policy 3141F as developed by the Superintendent of Public Instruction. A previously enrolled resident student requesting continued enrollment for the remainder of the current school year as a nonresident student may submit an application at any time during the current school year once a new residence outside the District is claimed as specified by law and this Policy. For planning purposes, other applications submitted after the deadline shall only be considered for approval by the Board in extreme and extenuating circumstances.

Nonresident students must reapply for admission each school year. Admission in one school year does not infer or guarantee admission in subsequent years. Each application shall be assigned a unique number distinct from a student identification number that does not disclose a student’s personally identifiable information consistent with Policy 3600. Within 10 days of the initial application for an agreement, the District shall notify the parent or guardian of the child and district of residence involved in the out-of-district attendance agreement of the anticipated date for approval or disapproval of the agreement.

The Board of Trustees authorizes the Superintendent to review the applications for nonresident enrollment consistent with this policy and Section 20-5-320, MCA. Not more than 30 days following the application deadline, or the receipt of an application, the Superintendent shall submit a list of students to the Board of Trustees who applied for enrollment along with recommendations for or against approval for each applicant. The Board of Trustees shall make the decision to approve or deny requests for nonresident enrollment during a meeting of the Board. If an individual application review is needed, that review shall be considered during a closed session consistent with Policy 1400 and after giving prior required notice to the parents/guardians of the anticipated review. Any motion on an application shall be made in an open session referring to the distinct application number.

In reviewing and determining whether to approve an application for attendance by a nonresident child, the Superintendent or designee shall recommend for approval and the Board of Trustees shall approve the application unless approval of the application will negatively impact the quality of education for resident pupils by grade level, by school, or in the District in the aggregate in one or more of the following ways:

The approval would result in exceeding limits of:

building construction standards pursuant to Title 50, chapter 60, MCA;

capacity and ingress and egress elements, either by individual room or by school building, of any fire code authorized by Title 50, chapter 3; or
maximum student contact hours for a teacher of the class or maximum class sizes under accreditation standards of the board of public education; or
evacuation elements of the district’s adopted school safety plan.

The Board authorizes the Superintendent to coordinate with the local fire marshal, law enforcement, health department, and first responders when developing standards under this Subsection 1. Findings shall be adopted by the Board in the District’s Long Range Strategic Plan (LRSP) or Long Range Facility Plan (LRFP).

The approval would impede meeting goals, standards, or objectives of quality education adopted by the Board in the District’s Long Range Strategic Plan or plan for continuous improvement. The Board finds that expulsion or suspension from this District would impede in meeting goals standards, or objectives of quality education stated in the plan.

The approval would risk jeopardizing the educational quality adopted by the Board in the District’s Long Range Strategic Plan (LRSP) or plan for continuous improvement because the nonresident child who is applying was:

truant as defined in Section 20-5-106, MCA, in the last school district attended;

expelled by another school district at any time; or
suspended in school or out of school in any school district in which the nonresident child was enrolled school district in any of the 3 school fiscal years preceding the school fiscal year for which attendance is requested. This Subsection C does not apply to a student who is eligible for special education or related services.

Review and consideration of applications and the records of applicants as well as decisions regarding admission cannot be inconsistent with District policies regarding nondiscrimination. In the event the District receives more applications than the District can accommodate, the District shall prioritize applications on the basis of the quality of education for students who are residents of the District of attendance as defined by the District’s Long Range Strategic Plan. This priority may include applications from students whose parents are at least .75 FTE employees of the District and employees of the District’s contracted transportation provider who are scheduled at least 20 hours per week, as well as students with siblings who are currently enrolled in the District as nonresident students. This priority is specifically established and shall be implemented on a rational basis to provide a quality education to students enrolled in the District. The District may also prioritize applications based on the anticipated obligations of resident taxpayers.

Within 10 days of approval or disapproval of an application for non-resident enrollment, the District shall provide copies of the approved or disapproved attendance agreement to the parent or guardian and to the district of residence. In the case of a disapproval, the District shall provide the specific allowable reason for the disapproval consistent with this policy and supporting documentation.

For an approved application and out-of-district attendance agreement, the District shall provide a copy of the completed agreement to the county superintendent of schools of the county of residence, the county superintendent of schools of the county of attendance, and the Superintendent of Public Instruction. Whenever a student enrolls in and attends a school outside of the student’s district of residence under the provisions of this policy, by July 15 following the year of attendance, the district of attendance shall notify the district of residence of any financial obligation under Section 20-5-323, MCA.

If an out-of-district attendance agreement is disapproved or no action is taken, the parent or guardian may appeal the disapproval or lack of action in accordance with Montana law.

Transportation

An attendance agreement established under 20-5-320 or 20-5-321 must set forth the financial obligations, if any, for costs incurred for transportation as provided in § 20-5-323 (6), MCA and Title 20, chapter 10, MCA.
If the attendance agreement is for a child with a disability who has transportation included in the child's individualized education program, transportation or the costs of transportation must be paid by the child's district of residence.
Unless the attendance agreement is for a child with a disability who has transportation included in the child's individualized education program and unless otherwise agreed to in the out-of-district attendance agreement:

when a child has approval to attend a school outside the child's district of residence because of a parent's or guardian's request under the provisions of §§ 20-5-320 or 20-5-321(1)(c), MCA, the parent or guardian of the child is responsible for transportation and the child is not an eligible transportee as defined in § 20-10-101, MCA. The district of attendance may discretionarily provide transportation for a child who is not an eligible transportee pursuant to § 20-10-122, MCA.
when a child attends a school outside the child's district of residence under the provisions of § 20-5-321(1)(a) or (1)(b), MCA, the district of residence is responsible for transportation; and
when a child attends a school outside the child's district of residence under the provisions of § 20-5-321(1)(d) or (1)(e), MCA, the district of attendance is responsible for transportation consistent with and subject to the provisions of 20 U.S.C. 6312(c)(5).

The amount, if any, charged for transportation may not exceed the lesser of the average transportation cost for each student in the child's district of residence or 35 cents a mile. The average expenditures for the district transportation fund for the preceding school fiscal year must be calculated by dividing the transportation fund expenditures by the October 1 enrollment count for the preceding fiscal year.

Cross Reference: 1400 Board Meetings

1612 Long Range Strategic Plan

2158 Parent/Family Engagement and Involvement in Education Policy

2161–2161P Special Education

3125 Education of Homeless Children

3150 Part-Time Enrollment

3210 Equal Education, Nondiscrimination and Sex Equity

3600 Student Records

Legal Reference: 1-1-215 Residence - rules for determining

20-5-314, MCA Reciprocal attendance agreement with adjoining state or province

20-5-320, MCA Out-of-district attendance by parent or guardian request with no

extenuating circumstances.

20-5-321, MCA Attendance with mandatory approval – tuition and transportation

20-5-322, MCA Residency determination – notification – appeal for attendance

agreement

20-5-323, MCA Tuition and transportation rates

10.55.712, ARM Class Size Elementary

10.55.713, ARM Teacher Load and Class Size – High School

10.10.301B Out-of-District Attendance Agreements

Policy History:

Adopted on: 12/11/2023

Revised on: 10/14/2024, 7/28/2025

BOZEMAN PUBLIC SCHOOLS

STUDENTS

Procedure 3141P

Nonresident Student Enrolment

Application Submission:

All nonresident students, seeking enrollment must submit their application for admission for the succeeding school year by January 31.
Nonresident students seeking admission in the Bozeman Reads four-year old program must also meet District eligibility requirements based upon a literacy/numeracy screener.
Applications should be submitted to the Deputy Superintendent’s Office, using the form found at Policy 3141F, developed by the Superintendent of Public Instruction.

The application must also include a copy of attendance and behavioral records for the last three years from current or previous school, or homeschool documentation if applicable. Incomplete applications will not be considered.
Upon receipt, each application will be assigned a random and confidential non-identifying number to keep the student’s name private.
Within 10 days of receipt of a complete application, the family will be notified of their confidential application number and date of review by the Board of Trustees.

Nonresident students currently enrolled in the Bozeman School District must complete an application each school year, for the succeeding year, by January 31.

Late Applications:

Late applications may be accepted at the discretion of the Superintendent or designee, only in extreme and extenuating circumstances.

Application Review:

The Superintendent reviews applications in accordance with Policy 3141F and Section 20-3-320, MCA.

Applications will be prioritized based on:

the quality of education for students who are residents of the district of attendance as defined by the District’s Long Range Strategic Plan.
applications from students whose parents are at least .75 FTE employees of the District and employees of the District’s contracted transportation provider who are scheduled at least 20 hours per week
students with siblings who are currently enrolled in the District as nonresident students.

The district notifies the parent or guardian within 10 days of the application regarding the anticipated date for approval or disapproval by the Board of Trustees.
Board approval is for acceptance into the district only. School placements for non-resident students will be made by August 15 of the upcoming school year.

Board of Trustees Decision:

Not more than 30 days following the application deadline, the Superintendent submits a list of applicants to the Board of Trustees with recommendations.
Families who have complete applications will be notified the Friday prior to the Board Meeting via email notifying them of the recommendation for approval/disapproval of their child’s application. Families of applicants who are recommended for waitlist or disapproval may choose to discuss their child’s application in a closed executive session of the board.
The Board will approve or deny requests for nonresident enrollment during a Board meeting.
A lottery system will be established if applications recommended for approval exceed available openings at a grade level/band.
A waitlist will be developed.
Approval will be for enrollment in the district only. School placements will be made no later than August 15.

Approval or Disapproval Criteria:

The Superintendent recommends approval unless it negatively impacts education quality in specific ways, as outlined in the policy. Applications will be recommended for disapproval if the student is/has been:

truant as defined in Section 20-5-106, MCA, in the last school district attended;
expelled by another school district at any time; or
suspended in another school district in any of the 3 school fiscal years preceding the school fiscal year for which attendance is requested. This Subsection C does not apply to a student who is eligible for special education or related services.

Nondiscrimination and Prioritization:

Review and decisions must align with District policies on nondiscrimination.
In the case of more applications than capacity, prioritization will be based on the District’s Long Range Strategic Plan, which may include children of District employees and siblings of previous nonresident students.

Notification of Decision:

Within 10 days of approval, the District provides a letter of acceptance to the parent/guardian and copies of the attendance agreement to the parent or guardian and the district of residence.
Within 10 days of disapproval, the District provides a letter of denial with specific allowable reasons consistent with the policy and supporting documentation.

Approved Applications:

For approved applications, the District provides a copy of the completed agreement to relevant authorities (County Superintendent of Schools of the county of residence, County Superintendent of Schools of the county of attendance, and the Superintendent of Public Instruction).

Obligations Notification:

If a student enrolls outside their district of residence, the district of attendance notifies the district of residence by July 15 regarding any obligations under Section 20-5-323, MCA.

Appeal Process:

If an attendance agreement is disapproved or no action is taken, the parent or guardian may appeal in accordance with Montana law MCA 10.6.103 .
Any appeal should be directed to the Gallatin County Superintendent of Schools.

Transportation Responsibilities:

The family of a nonresident child is responsible for transportation.

MHSA Implications

The Montana High School Association (MHSA) sets regulations pertaining to student eligibility for participation in speech and athletics. The District follows those regulations and does not assure that nonresident students will be eligible for participation in MHSA-sanctioned activities.
Refer to the MHSA Handbook for specific Transfer rules.

Policy History:

Adopted on: 12/19/2023

Revised on: 12/12/2025

3141F - Nonresident Enrollment Form

Form 3141F1

Nonresident Student Enrolment

Application Approval Letter

Date:

RE: Student Name, Nonresident Enrollment 2024-2025 School Year

Greetings,

Your application to enroll as a Nonresident student in the Bozeman School District has been approved for the 2024-2025 school year in accordance with Policy 3141.

We are pleased to accept your enrollment with the following stipulations:

Acceptance is for the 2024-2025 school year only. Applications for enrollment must be submitted before January 31st for the succeeding school year.

Admission in one school year does not infer or guarantee admission in subsequent years, and placement at the same school each year is not guaranteed.

Nonresident students will be placed where space is available, once attendance area students have been placed.

Transportation will not be provided for nonresidents students. Parents/Guardians must coordinate transportation to and from school.

Future applications may be denied for truancy, expulsion, suspension, or if the district does not have space or staff available to provide quality education to nonresidents students.

Bozeman Public Schools is committed to providing all students an outstanding education that inspires and ensures high achievement so every student can succeed and make a difference in a rapidly changing world community. Please reach out to the Deputy Superintendent’s Office regarding any questions, 406-522-6003.

Best,

Marilyn King and Mike Van Vuren

Deputy Superintendents

Bozeman School District

Form 3141F2

Nonresident Student Enrolment

Application Denial Letter

Date:

RE: Student Name, Nonresident Enrollment 2024-2025 School Year

Dear Parent Name,

Your application to enroll as a Nonresident student in the Bozeman School District has been denied for the 2024-2025 school year in accordance with Policy 3141. In reviewing your application the Superintendent and Board of Trustees determined approval of the application would negatively impact the quality of education for resident pupils in one of the following ways:

The approval would result in exceeding limits of:

building construction standards pursuant to Title 50, Chapter, 60, MCA
capacity and ingress and egress elements, either by individual room or by school building, of any fire code authorized by Title 50, chapter 3; or
evacuation elements of the district’s adopted school safety plan.

The approval would impede meeting goals, standards, or objectives of quality education adopted by the Board in the District’s Long Range Strategic Plan or other continuous improvement plan.

The approval would risk jeopardizing the education quality adopted by the Board in the District’s strategic plan or plan for continuous improvement specified in Policy 1620 because the nonresident child who is applying was:

Truant as defined in Section 20-5-106, MCA, in the last school district attended;
Expelled by another school district at any time; or
Suspended in another school district in any of the 3 school fiscal years preceding the school fiscal year for which attendance is requested. This Subsection C does not apply to a student who is eligible for special education or related services.

Enrollment applications must be submitted on an annual basis and all applications will be reviewed each year. This denial is for the 2024-2025 school year. Requests for the 2025-2026 school year can be made in January of 2025. Appeals must be made to the Gallatin County Superintendent of Schools.

Best,

Marilyn King and Mike Van Vuren

Deputy Superintendents

Bozeman School District

BOZEMAN PUBLIC SCHOOLS

STUDENTS

Policy 3145

Foreign Exchange Students

It is the policy of the Board to recognize the benefits from foreign exchange students in the District. The Board does not, however, sponsor foreign exchange programs or provide financial contributions to any foreign exchange students. The Board assumes no responsibility or control over items such as travel, living accommodations, funding, insurance, etc., which remain the responsibility of the sponsor and/or student.

Any organization sponsoring a foreign exchange student must have a local representative, be a nonprofit organization, ensure the student holds the appropriate visa, and be approved by the Council on Standards for International Education Travel

Legal Reference: 20 U.S.C. 221, et seq. Foreign and Exchange Students

Policy History:

Adopted on: 5/11/1992

Revised on: 11/08/1993, 1/09/1995, 4/27/1998, 10/08/2012, 3/29/2021

BOZEMAN PUBLIC SCHOOLS

STUDENTS

Procedure 3145P

Foreign Exchange Students

Admission Requirements

Foreign exchange students must be eighteen (18) years of age or younger at the time of enrollment.

Foreign exchange students must reside with a legal resident of the District. Limited exceptions may be granted at the discretion of the Board.

Foreign exchange students must have sufficient knowledge of the English language to enable effective communication and to use instructional materials and textbooks printed in English.

An English proficiency test of the District’s own choosing may be administered

and will supersede all other tests.

If an organization places a student who, upon arrival, is deemed by the District to be deficient in English language proficiency, the organization will do one of the following:

Terminate the student’s placement.
Provide, and pay for, tutorial help until the student reaches proficiency, as determined by the District.

Foreign exchange students must comply with all health and safety protocols implemented by immigration officials, state and county health officials, and the School District. The Board of Trustees authorizes the Superintendent or designee to develop necessary procedures to protect the health and safety of the exchange student, the student body, and District staff. These procedures shall include but are not limited to utilization of available testing for COVID-19 or similar variants, enforcement of vaccination policies, and quarantine protocols.

Academic Standards and Graduation

Foreign exchange students will be expected to meet all appropriate standards required of any student enrolled in the District.

Foreign exchange students will not graduate from or receive a diploma from a BSD7 high school, but they may participate in an alternative ceremony and receive a certificate.

Student Opportunities/Responsibilities

Foreign exchange students will be expected to enroll in the following academic classes while attending a BSD7 high school:

One (1) English class;
One (1) United States history class or one (1) government class;
Maintain enrollment in at least six (6) classes.

Foreign exchange students are eligible to participate in a BSD7 high school activities program. Guidelines for participation are set by District policy and by the Montana High School Association, as follows:

RECOGNITION. The student must be a participant of an “official Foreign Exchange Program” as defined in the publication from the National Association of Secondary School Principals, entitled Advisory List of International Educational Travel and Exchange Programs.

GRADUATION. The student cannot have graduated or received a diploma in his/her own country.

Foreign exchange students are expected to pay all yearbook fees, lab fees, prom tickets, yearbook costs, athletic fees, cap and gown fees, lunch prices, and all other school incurred expenses that are expected of other students enrolled in a BSD7 high school.

Foreign exchange students must maintain passing grades in all classes, follow rules and regulations of District student policies, and show satisfactory discipline and attendance. Failure to comply with these expectations shall result in dismissal of the student from the District’s Foreign Exchange Program.

Placement Quotas for Foreign Student Exchange Organizations

Each high school will accept a maximum of ten (10) individually sponsored exchange students, on a first-come, first-served basis. Additional students may be considered on a case-by-case basis.

The fact that a foreign exchange organization has located a host family within the District does not infer the District will automatically enroll the student. While the organization may develop such an agreement with a host family, the family should be advised it is contingent upon admission to BSD7.

Foreign exchange students must attend the high school of their host family’s attendance area.

Policy History:

Adopted on: 10/08/2012

Revised on: 8/04/2014, 4/26/2019, 4/27/2022, 5/19/2025

Bozeman Public Schools

STUDENTS

Policy 3150

Part-Time Enrollment

The District will assign and admit to a school of the District a child who is enrolled in a nonpublic or home school and who meets the age and residency requirements of Sec. 20-5-101, MCA, as a part-time enrollee at the request of the child's parent or guardian. For the purposes of this policy, a "part-time enrollee" is a qualifying pupil who is enrolled and admitted at one of the fractional levels that qualify for part-time ANB pursuant to Sec. 20-9-311(4)(a) or (4)(d), MCA.

The District will prioritize enrollment for both part-time and full-time students wishing to enroll in the same course or a specific section of a course based on the following criteria:

Priority will be given to students who require a particular course to advance to the next grade level, matriculate from the 8th grade, or graduate from high school within the District.

Preference will be extended to students who need to complete a specific course as a prerequisite for subsequent courses necessary for promotion, matriculation, or graduation as described above.

After addressing these priority cases, all other enrollment requests will be processed equitably, ensuring that both part-time and full-time students receive consistent treatment. The application of a "first-come, first-served" approach to address a course or section of a course that has reached maximum capacity will only take effect after the priority determinations have been resolved. This will be based on the timestamp of submission for requests once the District opens the application period for courses at the beginning of each semester or school year.

Participation in District Extracurricular Activities by Unenrolled Children

This policy does not restrict or limit the ability of unenrolled children to seek to participate in extracurricular activities in accordance with Policy 3510. The District may secure ANB for unenrolled children participating in identified extracurricular activities in accordance with Policy 3121.

Legal Reference: 20-5-101 Admittance of Child to School

20-5-112 Participation in Extracurricular Activities

20-9-311 Calculation of Average Number Belonging

Cross Reference: 2050 Student Instruction

2158 Parent/Family Engagement and Educational Involvement in Education

2333 Participation in Commencement Exercises

2410 & 2410P High School Graduation Requirements

3110F Entrance, Placement, and Transfer - Education Authorization Affidavit

3121 & 3121P Enrollment and Attendance Records

3141 Nonresident Student Enrollment

3141F Nonresident Student Enrollment - Application Form

3510 School-Sponsored Student Activities

3550 Student Clubs

3550F Student Clubs - School District Student Club Application

7225 Fundraising

7260 Donations, Endowments, Gifts, and Investments

7425 Extra and Co-Curricular Funds

8130 Air Quality Restrictions on Outdoor Activities, Practice and Competition

8132 Activity Trips

Policy History:

Adopted on: 11/24/1986

Revised on: 8/26/1991, 10/09/1995, 10/14/1996, 1/11/1999, 2/08/1999, 1/10/2000, 4/28/2008,

7/13/2009, 4/24/2019, 10/12/2020, 1/10/2022, 7/24/2023, 12/08/2025, 3/09/2026

Bozeman Public Schools

STUDENTS

Policy 3200

Student Rights and Responsibilities

The District recognizes fully that all students are entitled to enjoy the rights protected under federal and state constitutions and law for persons of their age and maturity in a school setting. The District expects students to exercise these rights reasonably and to avoid violating the rights of others. The District may impose disciplinary measures whenever students violate the rights of others or violate District policies or rules.

All students who attend the district’s schools shall comply with the written policies, rules and regulations of the schools, shall pursue the required course of studies, and shall submit to the authority of teachers, principal and superintendent of the schools.

All students are subject to the control and authority of the teachers, principal and superintendent while in school or on premises, on the way to and from school, or during intermission or recess.

Cross Reference: 3231 Searches and Seizure

3310 Student Discipline

Legal Reference: § 20-4-302, MCA Discipline and punishment of pupils – definition of

corporal punishment – penalty – defense

§ 20-5-201, MCA Duties and sanctions

Tinker v. Des Moines Ind. Sch. Dist., 89 S.Ct. 733 (1969)

Policy History:

Adopted on: 11/24/1986

Revised on: 3/28/2011

Bozeman Public Schools

STUDENTS

Procedure 3200P

Student Rights and Responsibilities

In order to insure the students’ rights as delineated in Policy #3200, the staff has certain related rights and responsibilities. These procedures spell out these rights and responsibilities.

Rights, Responsibilities, and Authority of Certificated Staff

Certificated staff shall share responsibility for supervising the behavior of students and for maintaining the standards of conduct which have been established.

Certificated staff shall have the right to:

Expect students to comply with school rules.

Develop and/or review building rules relating to student conduct and control at least once each year. Building rules shall be consistent with District rules relating to student conduct and control.

Exclude a student from class for all or any portion of a period of instruction. In the case of handicapped students, teachers will state rules on aversive treatment procedures.

Receive any complaint or grievance regarding corrective action of students. They shall be given the opportunity to present their version of the incident and to meet with the complaining party in the event that a conference is arranged.

Certificated staff shall have the responsibility to:

(Principals shall) Distribute to students, parents and staff a publication defining the rights, responsibilities and corrective action or punishment relating to student behavior.

Observe the rights of students.

Enforce the rules of student conduct fairly, consistently, and without discrimination. Any infractions shall be reported orally and in writing to the principal as soon as possible regardless of any corrective actions taken by the teacher.

Maintain good order in the classroom, in the hallways, and on the playgrounds or other common areas of the school, or while riding on school buses (field trip).

Maintain accurate attendance records and report all cases of truancy.

Set an appropriate example of personal conduct and avoid statements which may be demeaning or personally offensive to any student or group of students.

(Principals shall) Notify parents when students are suspended.

Follow the procedures in the “Uniform Complaint Procedure” policy upon receiving a complaint regarding teaching strategies.

Certificated staff shall have the authority to:

Use such reasonable action as is necessary to protect himself/herself, a student, or others from physical abuse or injury.

Remove a student from a class session for sufficient cause.

Detain a student after school for up to 45 minutes with due consideration for bus transportation as outlined in policy #3312.

(Principals shall) Impose suspension and recommend the expulsion of a student to the trustees as prescribed by policy.

Policy History:

Adopted on:

Revised on: 3/28/2011

Bozeman Public Schools

STUDENTS

Policy 3201

Academic Honesty

The Board of Trustees believes that academic honesty and personal integrity are fundamental components of a student's education and character development. The Board expects that students will not cheat, lie, plagiarize or commit other acts of academic dishonesty.

Students, parents/guardians, staff and administrators shall be responsible for creating and maintaining a positive school climate that encourages honesty.

It is the intent of the Board and the District that student cheating be dealt with consistently and effectively. When students are not academically honest, they deceive not only themselves but others in their class. Therefore, it is the intent of the District to deal with students who are found to be academically dishonest swiftly, strictly, and fairly by the school administration in a manner aimed at addressing the specific incident, as well as changing their future behavior.

Students found to have committed an act of academic dishonesty shall be subject to District and school discipline rules which may include academic consequences related to the specific assignment or overall class.

GENERAL PROCEDURES

Definitions

Academic dishonesty: A breach of standards of academic integrity including all forms of cheating: e.g., plagiarism, collusion, falsifying academic records, and any other act designed to give unfair academic advantage to the student.

Cheating: Any attempt to deceive or mislead a teacher and/or school administration in arriving at an honest evaluation of learning. Cheating includes aiding other students in cheating, and using programmable calculations or other technology in a manner not specified by the teacher.

Plagiarism: The act of using the ideas, language, or work of another, and passing them off as one’s own product. As used here, it includes the act of “cheating,” when a student obtains or assists others in obtaining credit for work that is not his/her own, including, but not limited to:

Submitting another person’s work as one’s own.
Presenting materials taken from sources, such as books, periodicals, newspapers, or the Internet without appropriate documentation.
Downloading an essay, or part of an essay, from an Internet source and submitting it as one’s own.
Copying from another student’s test or helping another student during a test/providing or accepting information regarding specific test content.
Copying another student’s work.
Allowing another student to copy work.
Furnishing False Information: Writing an exam or term paper for another student; soliciting another person to take an exam or write a paper for one’s own class; submitting the same work in more than one course when doing so is prohibited; or representing oneself as another person.

Cross Reference: 8421 Computer Software

Policy History:

Adopted on: 2/14/2005

Revised on: 9/11/2006

Bozeman Public Schools

STUDENTS

Procedure 3201P

Policy Rationale:

The Board of Trustees recognizes that plagiarism and cheating are inconsistent with the mission statement of BSD7. Because academic integrity is critical to learning, students must maintain the highest standards of honesty when completing their coursework. Plagiarism and cheating undermine the ability of teachers to authentically assess student learning and deprive students of the opportunity to learn valuable skills and realize their potential. Therefore, students, parents/guardians, and school personnel are all responsible for creating and maintaining a positive school climate that encourages honesty. Students found to have engaged in academic dishonesty, whether intentionally or unintentionally, will be subject to district and school discipline policy.

Definitions:

Academic Dishonesty:

A breach of academic standards of academic integrity, includes all forms of cheating—plagiarism, collusion, or any other act—designed to give unfair academic advantage to the student.

The use of artificial intelligence to supplant or significantly augment one’s original ideas or work constitutes academic dishonesty. Please also see notes below about artificial intelligence under “students’ role” and “teachers’ role.”

Cheating:

Any attempt to mislead or deceive a teacher and/or school administration in arriving at an honest evaluation of learning.

Plagiarism:

A form of cheating; the act of using another's ideas, language, or work and passing them off as one's own.

ELEMENTARY AND MIDDLE SCHOOL GUIDELINES FOR ACADEMIC HONESTY

Students in elementary and middle school are expected to complete their own work, give credit when using the ideas or words of others, and seek help from teachers or parents when needed. Any form of academic dishonesty, cheating, or plagiarism, as outlined above, are strictly prohibited and consequences will be appropriately assigned.

HIGH SCHOOL GUIDELINES FOR ENSURING ACADEMIC HONESTY

Students' Role in Preventing Cheating and Plagiarism:

Seek clarification from teacher about expectations for student, parent or tutor involvement, group work, classroom work, and outside projects or writing assignments.
Invest in the writing and thinking process by completing the steps for a project and documenting their own original work; avoid plagiarizing own work.
Ask teachers for clarification on when the use of artificial intelligence may be useful and/or appropriate when completing activities in and out of the classroom.
Refuse to participate in another student's cheating; refuse to provide work for copying or to use for other types of plagiarism.
Demonstrate respect and ethical use of technology in their work.
Credit accurately all sources used in their original work.
Model for peers original thinking and the accurate crediting of sources in their own writing and work.
Consult with teacher when in doubt about any aspects of the problems, implications or consequences of cheating.

Parents' or Guardians' Role in Preventing Cheating and Plagiarism:

Promote original thinking in their child.
Discourage any form of academic dishonesty.
Encourage respect for technology and demonstrate its ethical use.
Invest in their child's work by giving any appropriate and thoughtful feedback and suggestions during the project's steps, including revising and editing.
Model original thinking and the accurate crediting of sources in their own writing and work.
Help enforce any consequences of the violation of the Academic Honesty Policy.

Teachers' Role in Preventing Cheating and Plagiarism:

Encourage original thinking in students.
Design, execute and assess coursework that encourages students' academic honesty; clearly define expectations.
Teach and reinforce with students the difference between plagiarism and the simple acknowledgment or effective citing of sources.
Encourage respect for and ethical use of technology in their work and that of their students'.
Instruct students in ways that artificial intelligence may be appropriate or useful for specific purposes during select activities in and out of the classroom.
Model original thinking and the accurate acknowledgment or crediting of sources in their own writing and work.
Assess any case of cheating, determine the appropriate course of action to take, and enforce the disciplinary action.

Administrators' Role in Preventing Cheating and Plagiarism:

Model original thinking and the accurate crediting of sources in their own writing and work.
Encourage respect for technology and demonstrate its ethical use.
Support the teacher-determined consequences for cheating and plagiarism.
Participate in appropriate disciplinary action with cases for cheating and plagiarism.

Consequences for Academic Dishonesty

Bozeman and Gallatin High Schools take academic dishonesty infractions seriously. When responding to infractions, our goal is to educate students about the significance of their actions and to deter future offenses. When determining consequences, we will separate inappropriate behaviors from the assessment of what a student knows or has learned about academic content.

Factors that will be considered in the response to and consequences associated with an academic honesty offense include the following:

The nature and/or scope of the assignment/activity.
The student’s previous academic honesty offenses.
The student’s grade level or the level of the course.
The severity of the offense.

The student and teacher will confer as soon as possible after there is a question of academic honesty.

The student will be expected to complete/redo the assignment or activity within a timeframe determined by the teacher. In some cases, the teacher may assign an alternate activity. The completed assignment/activity will be graded for credit. A zero grade will not be issued as a permanent consequence for academic dishonesty unless the student fails to complete/redo the assignment/activity.

Depending on the nature and seriousness of the infraction, disciplinary consequences for academic dishonesty will include some of the following: conference with administration, detention, and suspension from school.

In instances of academic dishonesty, the teacher will contact the student’s parent(s)/guardian(s) and will notify building administration. Instances of academic dishonesty will be logged in PowerSchool.

Instances of academic dishonesty could affect a student’s ability to earn future honors, awards, and membership in school organizations.

Policy History:

Adopted on: 7/2006

Revised on: 4/24/2019, 8/16/2024

Bozeman Public Schools

STUDENTS

Policy 3210

Equal Education, Nondiscrimination and Sex Equity

The District will make equal educational opportunities available for all students without regard to race, color, national origin, ancestry, sex, ethnicity, language barrier, religious belief, physical or mental handicap or disability, economic or social condition, actual or potential marital or parental status, gender, or sexual orientation. No student will be denied equal access to programs, activities, services, or benefits or be limited in the exercise of any right, privilege, or advantage, or denied equal access to educational and extracurricular programs and activities.

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: Title IX Coordinator

Office address: 404 East Main Street, Bozeman, MT 59715

Email: titleIX@bsd7.org

Phone number: 406-522-6006

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: 504 Coordinator

Office address: 404 East Main Street, Bozeman, MT 59715

Email: 504coord@bsd7.org

Phone number: 406-522-6054

Any individual may file a complaint alleging violation of this policy, Policy 3200-Student Rights and Responsibilities, Policy 3225-Sexual Harassment, or Policy 3226-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.

Cross Reference: 1700 Uniform Complaint Procedure

3200 Student Rights and Responsibilities

3225 Sexual Harassment of Students

3226 Bullying/Harassment/Intimidation/Hazing

Legal Reference: Art. X, Sec. 7, Montana Constitution- Nondiscrimination in education

§ 49-2-307, MCA Discrimination in education

24.9.1001, et seq., ARM Sex Discrimination in Education Title IX of the

Educational Amendments, 20 U.S.C. § 1681, et seq.34

CFR Part 106 Nondiscrimination on the basis of sex in education programs or activities receiving Federal financial assistance

Policy History:

Adopted on: 11/24/1986

Revised on: 2/28/1994, 10/13/2008, 1/25/2021

Bozeman Public Schools

STUDENTS

Procedure 3210P

Equal Education and Non-Discrimination

The Bozeman Public School District does not discriminate against any person on the basis of illegal factors in the educational programs or activities which it provides. The points below further delineate the district's position regarding race, color, national origin, ancestry, sex, ethnicity, language barrier, religious belief, physical or mental handicap or disability, economic or social condition, actual or potential marital or parental status, gender, or sexual orientation discrimination.

No person will, on the basis of race, color, national origin, ancestry, sex, ethnicity, language barrier, religious belief, physical or mental handicap or disability, economic or social condition, actual or potential marital or parental status, gender, or sexual orientation, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any academic, extra-curricular, research, occupational training, or other education program or activity.

The school district will provide a separate toilet, locker room, and shower facility on the basis of sex, but the facilities provided for students of one sex will be comparable to those provided for students of the other sex.

The school district will not provide any course or carry out any education program or activity separately, or require or refuse participation there, by any of its students on the basis of race, color, national origin, ancestry, sex, ethnicity, language barrier, religious belief, physical or mental handicap or disability, economic or social condition, actual or potential marital or parental status, gender, or sexual orientation. This includes health, physical education, industrial, business, vocational, technical, home economics, music and adult education courses.

Students in physical education classes may be grouped by ability as assessed by objective standards of individual performance developed and applied without regard to race, color, national origin, ancestry, sex, ethnicity, language barrier, religious belief, physical or mental handicap or disability, economic or social condition, actual or potential marital or parental status, gender, or sexual orientation. Students may also be separated by sex in physical education classes during participation in sports which involves bodily contact.

Where the use of a single standard of measuring skill or progress in a physical education class has an adverse effect on members of one sex, the school will use appropriate standards which do not have that effect. Students in choral groups may be grouped by a vocal range.

Portions of classes which deal exclusively with human sexuality may be conducted in separate sessions for boys and girls.

The school district will not discriminate against any person on the basis of race, color, national origin, ancestry, sex, ethnicity, language barrier, religious belief, physical or mental handicap or disability, economic or social condition, actual or potential marital or parental status, gender, or sexual orientation in the counseling or guidance of students. Where the school district finds a particular class contains a substantially disproportionate number of individuals of one race, color, national origin, ancestry, sex, ethnicity, language barrier, religious belief, physical or mental handicap or disability, economic or social condition, actual or potential marital or parental status, gender, or sexual orientation, it will take steps necessary to assure that such disproportion is not the result of discrimination in counseling.

The school district will not discriminate on the basis of race, color, national origin, ancestry, sex, ethnicity, language barrier, religious belief, physical or mental handicap or disability, economic or social condition, actual or potential marital or parental status, gender, or sexual orientation in providing financial assistance to any student.

The district will not apply any rule concerning a student's actual or potential parent, family, or marital status which treats students differently on the basis of race, color, national origin, ancestry, sex, ethnicity, language barrier, religious belief, physical or mental handicap or disability, economic or social condition, actual or potential marital or parental status, gender, or sexual orientation.

The district will not discriminate against any student or exclude any student from an education program or activity, including any class or extra-curricular activity, on the basis of such student's pregnancy unless the student requests voluntarily to participate in a separate program.

The district shall not discriminate against any person on the basis of race, color, national origin, ancestry, sex, ethnicity, language barrier, religious belief, physical or mental handicap or disability, economic or social condition, actual or potential marital or parental status, gender, or sexual orientation in any inter-scholastic club, or intramural athletic program offered by the school.

However, the district may approve or sponsor separate teams for members of each sex where selection for the teams is based on competitive skill, or the activity involved is a contact sport. In non-contact sports, however, where the school sponsors a team for one sex but not for the other, and athletic opportunities for the other have previously been limited, members of the excluded sex will be allowed to try out for the team offered.

The district shall comply with all sex equity provisions in interscholastic activities as provided for by law and/or the MHSA settlement agreement of 1984.

Grievance Procedure for Student Equal Education and Non-Discrimination Complaints

Definitions

Grievance: Grievance means a complaint alleging any policy, procedure, or practice which would be prohibited by Title IX.

Title IX: Title IX means Title IX of the Education Amendments of 1972 (20 USC Section 1681), the 1975 Implementing Regulation, and any memoranda, directives, guidelines, or subsequent legislation that may be issued or enacted.

Federal and State Civil Rights Laws, Rules and Regulations: 1964 Civil Rights Act, Title VI (401 FEP Manual 1), Title VII as amended (401 FEP Manual II), Title IX (401 FEP Manual 41), Title IX of the Education Amendments of 1972 (401 FEP Manual 83), Age Discrimination Act of 1967 and 1975 as amended, Equal Pay Act of 1963, Section 504 of The Rehabilitation Act of 1973, The Constitution of the State of Montana, The Montana Human Rights Act, The Montana Code of Governmental Fair Practices, and implementing federal and state rules and regulations.

Complainant(s): Complainant means student/parent/or guardian of the Bozeman Public Schools who submits a grievance.

Bozeman Public Schools - Elementary and Secondary Districts No. 7: A reference to specific school districts as defined in 20-6-101, Montana Codes Annotated. P.O. Box 520, Bozeman, MT 59771 (406) 585-1500.

Title IX/Section 504 Coordinator: Means the employee designated to coordinate School District #7 efforts to comply with and carry out its responsibilities. (Hereinafter Coordinator)

Day: Day means a working day; the calculation of days in grievance processing shall exclude Saturdays, Sundays and school holidays (20-1-305 M.C.A.).

Ridgeway et al, Plaintiffs, v. Montana High School Association et al., Defendants: Hereinafter identified as Ridgeway settlement.

Basic Procedural Rights: Applicable to all levels of the grievance process.

Parties shall have the right to representation, and to present witnesses and evidence. In most instances parents or legal guardians should be a part of the hearing and resolution process.

The Title IX Coordinator may be utilized as a resource by any party at any level in the grievance procedure.

Relevant agencies/institutional records shall be available to all parties subject to requirements and clarifications in Guidelines for Student Records, Office of Public Instruction, September 1984.

Intimidation or retaliation of any kind is prohibited by law and school board policy.

Prior to a contested case hearing (under the Rules of School Controversy) the rights of the Complainant's confidentiality in proceedings and records shall be respected. (A.R.M. 10.6.101 et seq. Also see Ridgeway settlement agreement, page 29).

This procedure does not deny the right of the Complainant to file formal complaints with other state and federal agencies or to seek private counsel for complaints alleging discrimination.

All records pursuant to the grievance shall be maintained by the school district separate and apart from student records for a period of not less than five (5) years (20-1-212 M.C.A.).

Students who file a complaint should normally continue to follow the directives of teachers, principals, and other appropriate staff during the appeal process to avoid legitimate disciplinary action based on insubordination.

Complaints may be filed through the Review of Services process as provided in Policy #1700 and Procedures #1700P.

Policy History:

Adopted on: 1/02/1992

Reviewed on:

Revised on: 2/28/1994, 10/12/2020, 11/08/2021

Bozeman Public Schools

STUDENTS

Policy 3220

Freedom of Expression

The free expression of student opinion is an important part of education in a democratic society. Students' verbal and written expression of opinion on school premises is to be encouraged so long as it does not substantially disrupt the operation of the school.

The superintendent shall develop guidelines ensuring that students are able to enjoy free expression of opinion while maintaining orderly conduct of the school.

Legal Reference: Article II, Section 7, 10 and 15, 1972

Montana Constitution

Policy History:

Adopted on: 11/24/1986

Revised on:

Bozeman Public Schools

STUDENTS

Procedure 3220P

Freedom of Expression

Students shall enjoy the privilege of free verbal and written expression providing such expressions are not obscene, libelous or profane; do not violate an individual's rights to privacy; or do not advocate violation of school rules. The principal shall have the authority to monitor student verbal and written expression. Students who violate the standards for verbal and written expression shall be subject to corrective action or punishment.

For purposes of verbal and written expression, the following guidelines shall be in effect:

Distribution may be restricted where there is evidence which reasonably supports a forecast that disruption shall likely result directly from the distribution. In order for a student publication to be disruptive, there must exist specific facts upon which it would be reasonable to forecast that a clear and present likelihood of an immediate, substantial material disruption to normal school activity would occur if the material were published and distributed. Disruption includes, but is not necessarily limited to: student riotings; destruction of property; widespread shouting, or boisterous conduct; or substantial student participation in a school boycott, sit-in, stand-in, walk-out or other related form of activity.
Material which is construed to be obscene shall not be distributed. Rules for determining obscenity shall be consistent with those applied to instructional materials. Obscene material is what the average person, applying contemporary community standards, would find that the work taken as a whole appeals to prurient interests, that the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; the work, taken as a whole lacks serious literary, artistic, political, or scientific value.
Libelous material may be prohibited. Libelous material shall be defined to include defamatory falsehoods about public figures or governmental officials. In order to be libelous, the defamatory falsehood must be made with actual malice; that is, with knowledge that it is false, or with reckless disregard of whether it was false or not.
Material shall be considered profane when the language does not meet the standards of professional journalism as evidenced by the daily newspapers commonly distributed in the district. Distribution of profane materials shall be prohibited.
Publications shall not "invade the privacy" of individuals. Such occurrences may include exploitation of one's personality, publications of one's private affairs with which the public has no legitimate concern or wrongful intrusion into one's private activities in a manner that can cause mental suffering, shame, or humiliation to a person of ordinary sensibilities.
Publications which criticize school officials or advocate violation of school rules may be prohibited when there is evidence which supports a forecast that substantial disruption of school shall develop.
Publications are not allowed which specifically defame, discriminate against, demean, advocate for the subjugation of, or attack groups based upon race, color, national origin, ancestry, sex, ethnicity, language barrier, religious belief, physical or mental handicap or disability, economic or social condition, actual or potential marital or parental status, gender, or sexual orientation.

Policy History:

Adopted on:

Revised on: 5/19/2023, 7/14/2023

Bozeman Public Schools

STUDENTS

Policy 3221

Student Publications

Student publications produced as part of the school’s curriculum or with the support of student body funds are intended to serve both as vehicles for instruction and student communications. They are operated and substantively financed by the student body and the District.

Material appearing in such publications should reflect all areas of student interest, including topics about which there may be controversy and dissent. Controversial issues may be presented provided they are treated in depth and represent a variety of viewpoints. Such materials may not be libelous, obscene, or profane nor may they cause a substantial disruption of the school, invade the privacy rights of others, demean any race, religion, gender, or ethnic group, or advocate the violation of the law. They may not advertise tobacco, nicotine, liquor, illicit drugs or drug paraphernalia.

The Superintendent shall develop guidelines to implement these standards and shall establish procedures for the prompt review of any materials which appear not to comply with the standards.

Cross References: 3220 Freedom of Expression

3220P Freedom of Expression Procedure

Policy History:

Adopted on: 11/24/1986

Revised on: 3/22/2010, 7/14/2023

Bozeman Public Schools

STUDENTS

Procedure 3221P

Student Publications

The student publications instructor or advisor shall have the primary responsibility for supervising student publications and to determine that provisions incorporated into these procedures are met. The principal may request to review any copy prior to its publication. Such copy shall be returned to the student editors within two school days after it has been submitted for review.

Any dispute that cannot be resolved at the building level shall be submitted to the superintendent for further consideration. When appropriate, the superintendent shall seek legal counsel. If the complaint cannot be resolved at that level, the Board, upon request, shall consider the complaint at its next regular meeting.

The district intends that there be a minimum of interference by adults in the student publication program. Students should be permitted to assume responsibility for difficult decisions which may at times produce controversy. Such publication activities must teach elements of responsible journalism, respect for others and standards of civility.

Cross References: 3220 Freedom of Expression

3220P Freedom of Expression Procedure

Policy History:

Adopted on:

Revised on: 3/22/2010, 7/14/2023

Bozeman Public Schools

STUDENTS

Policy 3222

Distribution and Posting of Student Materials

District policy allows distribution of materials of student curricular clubs and non-curricular groups.

The Superintendent, building principal, or designee must approve all materials before they may be distributed or posted. Materials distributed or posted will include an indicator to inform the recipient if the material is from curricular student club or non-curricular student group.

To facilitate the distribution of materials with information about student activities, each school may maintain a centrally located bulletin board for the posting of materials, and/or maintain a table available to students for placing approved materials. Materials may also be posted on designated walls in the school buildings.

Materials from curricular student club or non-curricular student group. which provide information valued or needed by the students of the school district may be distributed, except those that would:

Disrupt the educational process;
Violate the rights of others;
Invade the privacy of others;
Infringe on a copyright;
Violate District policy, procedure, or administrative directive;
Be obscene, vulgar or indecent; or
Promote violence, discriminatory conduct, the use of drugs, alcohol, tobacco, nicotine and any other tobacco innovation, firearms, or certain products that create community concerns.

All community materials must be reviewed and approved by the Superintendent or designee in accordance with Policy 4331.

Cross References: 3550 Student Clubs

3233 Student Use of Buildings – Equal Access

3510 School Sponsored Student Activities

Policy History:

Adopted on: 11/24/1986

Revised on: 10/24/1988, 3/22/2010, 4/14/2014, 10/12/2020

Bozeman Public Schools

STUDENTS

Policy 3224

Student Dress

The District recognizes that a student’s choice of dress and grooming habits demonstrate personal style and preference. The District has the responsibility to ensure proper and appropriate conditions for learning, along with protecting the health and safety of its student body. Even though the schools will allow a wide variety of clothing styles, dress and grooming must not materially or substantially disrupt the educational process of the school or create a health or safety hazard for students, staff, or others.

Building administrators shall establish procedures for the monitoring of student dress and grooming in school or while engaging in extracurricular activities. Students attending public events sponsored by the school district are permitted to honor their American Indian heritage through the display of culturally significant tribal regalia at a public event sponsored by the school district. Any item that promotes drug use, weapon use, threats of violence, sexual harassment, bullying, or other intimidation, or violates another district policy, state, or federal law may not be worn at a public event sponsored by the school district. Specific regulations shall be published annually in student handbooks.

Cross Reference: 2333 Participation in Commencement Exercises

Legal Reference: § 2-1-315, MCA Tribal regalía and objects of cultural significance - allowed at public events

Policy History:

Adopted on: 11/24/1986

Revised on: 1/25/1988, 4/24/2006, 10/12/2020

Bozeman Public Schools

STUDENTS

Procedure 3224P

Student Dress

The appearance of any young person is primarily the responsibility of that individual and his/her parents/guardians. Student appearance should reflect a positive image and contribute to a learning environment that is free of disruption. To ensure effective and equitable enforcement of this dress code, school staff shall enforce the dress code consistently and in a manner that does not reinforce or increase marginalization or oppression of any group based on race, sex, gender identity, gender expression, sexual orientation, ethnicity, religion, cultural observance, household income or body type/size. In accordance with board policy, all students shall dress and groom for school with attention to cleanliness, respectability, safety, and personal and public health. Students and staff are responsible for managing their personal distractions.

Universal Dress Code

Students must wear:

Top (shirt, blouse, sweater, sweatshirt, tank, etc.);
Bottom (pants, shorts, skirt, dress, etc.); and
Footwear

Students may not wear clothing, jewelry, or personal items that:

intentionally show private parts (nipples, genitals, buttocks). Clothing must cover private parts in opaque (not able to be seen-through) material;

● contain pornographic images, threats, or that promote illegal or violent conduct such as the unlawful use of weapons, drugs, alcohol, tobacco, or drug paraphernalia;

demonstrates hate group association/affiliation and/or use hate speech targeting groups based on race, ethnicity, gender, sexual orientation, gender identity, religious affiliation, or other protected groups;
cover the student’s face to the extent that the student is not identifiable including sunglasses.
contains sexual or profanity innuendo such that a peer or staff member could construe sexual or profane meaning.

Attire worn in observance of a student’s religion are not subject to this policy.

Additional requirements may be set by school administration.

Enforcement:

Principals are required to ensure that all staff are aware of and understand the guidelines of this policy.

Staff will use reasonable efforts to avoid dress-coding students in front of other students.

Students shall not be disciplined or removed from class as a consequence for wearing attire in violation of this policy unless the attire creates a substantial disruption to the educational environment, poses a hazard to the health or safety of others, or factors into a student behavior rule violation such as malicious harassment or the prohibition on harassment, intimidation, and bullying. Further, no student shall be referred to as “a distraction” due to their appearance or attire.

Typical consequences for a violation of this policy include parent/guardian contact or conference and the directive to cover, change, or remove the non-complying attire. A student may be instructed to leave their classroom briefly to change clothes. The Principal or their designee should notify a student’s parent/guardian of the school’s response to violations of the student dress policy. If both the student and the parent refuse, the principal shall take appropriate action including suspension if circumstances so warrant.

The principal in connection with the sponsor or coach, or other persons in charge of an extracurricular activity, may regulate the dress and grooming of students who participate in that activity. Such regulation must be reasonable, substantially related to an important objective of the extracurricular activity, and considerate of the individual financial burden on students.

Students attending public events sponsored by the school district are permitted to honor their American Indian heritage through the display of culturally significant tribal regalia at a public event sponsored by the school district. Any item that promotes drug use, weapon use, threats of violence, sexual harassment, bullying, or other intimidation, or violates another district policy, state, or federal law may not be worn at a public event sponsored by the school district.

Specific regulations shall be published annually in student handbooks.

Cross Reference: 2333 Participation in Commencement Exercises

Legal Reference: SB 319-Chapter 229 Tribal regalia and objects of cultural significance – allowed at

public events

Policy History:

Adopted on:

Revised on: 1/25/1988, 10/10/2017, 8/21/2019, 8/30/2021

Bozeman Public Schools

STUDENTS

Policy 3225

Sexual Harassment of Students

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:

Title: Title IX Coordinator

Office address: 404 West Main Street

Email: titleIX@bsd7.org

Phone number: 406-522-6006

Any person may report sex discrimination, including sexual harassment, at any time, including during non-business hours. Such a report may be made 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:

A District employee conditioning the provision of an aid, benefit, or service of the District on an individual’s participation in unwelcome sexual conduct;

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

“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 directs 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: 3210 Equal Education, Nondiscrimination and Sex Equity

3225P Sexual Harassment Grievance Procedure - Students

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: 1/25/2021

Revised on:

Bozeman Public Schools

STUDENTS

Procedure 3225P

Sexual Harassment Grievance Procedure - Students

The Board requires the following grievance process to be followed for the prompt and equitable resolution of student 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 cause 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 removing a Respondent from the District’s education program or activity on an emergency basis, provided that the District undertakes an individualized safety and risk analysis, determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal, and

provides the Respondent with notice and an opportunity to challenge the decision immediately following the removal. A period of removal may include the opportunity for the student to continue instruction in an offsite capacity. The District may also place a non-student employee Respondent on administrative leave during the pendency of the grievance process. 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:

Notice of the allegations of sexual harassment, including information about the identities of the parties involved in the incident, the conduct allegedly constituting sexual harassment, the date and location of the alleged incident, and any sufficient details known at the time. Such notice must be provided with sufficient time to prepare a response before any initial interview;

An explanation of the District’s investigation procedures, including any informal resolution process;

A statement that the Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility will be made by the decision-maker at the conclusion of the investigation;

Notice to the parties that they may have an advisor of their choice who may be, but is not required to be, an attorney, and may inspect and review any evidence; and

Notice to the parties of any provision in the District’s code of conduct or policy that prohibits knowingly making false statements or knowingly submitting false information.

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:

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;

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 creditability 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 students, the sanctions may include disciplinary action, up to and including permanent exclusion.

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:

1. Provides to the parties a written notice disclosing:

A. The allegations;

B. The requirements of the informal resolution process including the circumstances under which it precludes the parties from resuming a formal complaint arising from the same allegations, provided, however, that at any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the Title IX formal complaint process with respect to the formal complaint; and

C. Any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared.

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: 3210 Equal Education, Nondiscrimination and Sex Equity

3225 Sexual Harassment of Students

3310 Student Discipline

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.

Section 20-5-201, MCA, Duties and Sanctions

Section 20-5-202, MCA, Suspension and Expulsion

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: 8/14/2020

Revised on:

Bozeman Public Schools

Form 3225F

Harassment Reporting Form for Students

School ______________________________________________ Date ___________________

Student’s name _________________________________________________________________

(If you feel uncomfortable leaving your name, you may submit an anonymous report, but please understand that an anonymous report will be much more difficult to investigate. We assure you that we’ll use our best efforts to keep your report confidential.)

Who was responsible for the harassment or incident(s)? ________________________________________

____________________________________________________________________________________________

Describe the incident(s). _________________________________________________________________

____________________________________________________________________________________________

Date(s), time(s), and place(s) the incident(s) occurred. _________________________________________

____________________________________________________________________________________________

Were other individuals involved in the incident(s)?  yes  no

If so, name the individual(s) and explain their roles. __________________________________________________

____________________________________________________________________________________________

Did anyone witness the incident(s)?  yes  no

If so, name the witnesses. ______________________________________________________________________

____________________________________________________________________________________________

Did you take any action in response to the incident?  yes  no

If yes, what action did you take? _________________________________________________________________

____________________________________________________________________________________________

________________________________________________________________________________________________________________________________________________________________________________________

Were there any prior incidents?  yes  no

If so, describe any prior incidents. ________________________________________________________________

____________________________________________________________________________________________

Signature of complainant _________________________________________________________

Signatures of parents/legal guardians _______________________________________________

Bozeman Public Schools R

STUDENTS

Policy 3226

Bullying/Harassment/Intimidation/Hazing

The Board will strive to provide a positive and productive learning and working environment. Bullying, harassment, intimidation, or hazing, by students, staff, or third parties, is strictly prohibited and shall not be tolerated.

Definitions

“Third parties” include but are not limited to coaches, school volunteers, parents, school visitors, service contractors or others engaged in District business, such as employees of businesses or organizations participating in cooperative work programs with the District, and others not directly subject to District control at inter-district and intra-District athletic competitions or other school events.

“District” includes District facilities, District premises, and non-District property if the student or employee is at any District-sponsored, District-approved, or District-related activity or function, such as field trips or athletic events, where students are under the control of the District or where the employee is engaged in District business.

“Hazing” includes but is not limited to any act that recklessly or intentionally endangers the mental or physical health or safety of a student for the purpose of initiation or as a condition or precondition of attaining membership in or affiliation with any District-sponsored activity or grade-level attainment, including but not limited to forced consumption of any drink, alcoholic beverage, drug, or controlled substance, forced exposure to the elements, forced prolonged exclusion from social contact, sleep deprivation, or any other forced activity that could adversely affect the mental or physical health or safety of a student; requires, encourages, authorizes, or permits another to be subject to wearing or carrying any obscene or physically burdensome article, assignment of pranks to be performed, or other such activities intended to degrade or humiliate.

"Bullying" means any harassment, intimidation, hazing, or threatening, insulting, or demeaning gesture or physical contact, including any intentional written, verbal, or electronic communication (“cyberbullying”) or threat directed against a student that is persistent, severe, or repeated, and that substantially interferes with a student’s educational benefits, opportunities, or performance, that takes place on or immediately adjacent to school grounds, at any school-sponsored activity, on school-provided transportation, at any official school bus stop, or anywhere conduct may reasonably be considered to be a threat or an attempted intimidation of a student or staff member or an interference with school purposes or an educational function, and that has the effect of:

Physically harming a student or damaging a student’s property;
Knowingly placing a student in reasonable fear of physical harm to the student or damage to the student’s property;
Creating a hostile educational environment, or;
Substantially and materially disrupts the orderly operation of a school.

“Electronic communication device” means any mode of electronic communication, including but not limited to computers, cell phones, PDAs, or the internet.

Reporting

All complaints about behavior that may violate this policy shall be promptly investigated. Any student, employee, or third party who has knowledge of conduct in violation of this policy or feels he/she has been a victim of hazing, harassment, intimidation, or bullying in violation of this policy is encouraged to immediately report his/her concerns to the building principal or the District Administrator, who have overall responsibility for such investigations. A student may also report concerns to a teacher or counselor, who will be responsible for notifying the appropriate District official. Complaints against the building principal shall be filed with the Superintendent. Complaints against the Superintendent or District Administrator shall be filed with the Board.

The complainant shall be notified of the findings of the investigation and, as appropriate, that remedial action has been taken.

Exhaustion of administrative remedies

A person alleging violation of any form of harassment, intimidation, hazing, or threatening, insulting, or demeaning gesture or physical contact, including any intentional written, verbal, or electronic communication, as stated above, may seek redress under any available law, either civil or criminal, after exhausting all administrative remedies.

Responsibilities

The District Administrator shall be responsible for ensuring notice of this policy is provided to students, staff, and third parties and for the development of administrative regulations, including reporting and investigative procedures, as needed.

When an employee has actual knowledge that behavior in violation of this policy is sexual harassment, the employee must contact 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

Students whose behavior is found to be in violation of this policy will be subject to discipline up to and including expulsion. Staff whose behavior is found to be in violation of this policy will be subject to discipline up to and including dismissal. 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.

Cross Reference: 3225 Sexual Harassment

3225P Sexual Harassment Grievance Procedure

3225F Harassment Reporting/Intake Form for Students

Legal Reference: § 20-5-207, MCA “Bully-Free Montana Act”

§ 20-5-208, MCA Definition

§ 20-50-209, MCA Bullying of student prohibited

§ 20-5-210, MCA Enforcement – exhaustion of administrative remedies

§ 49-2-307, MCA Discrimination in Education

Title 20, Chapter 1, Part 2, MCA Certain district policies prohibited

10.55.701(2)(f), ARM Board of Trustees

10.55.719, ARM Student Protection Procedures

10.55.801(1)(d), ARM School Climate

Chapter 256 (2023) Discrimination in Education

Policy History:

Adopted on: 10/12/2020

Revised on: 1/25/2021, 7/24/2023

Bozeman Public Schools

STUDENTS

Procedure 3226P

Prevention

All schools will implement procedures to prevent and mitigate acts of bullying, harassment, and intimidation.

Each school principal will provide an annual review and offer professional development to all teachers and the entire school staff on the prevention, identification, reporting, investigation and resolution of allegations of bullying and harassment.

Schools will inform students and parents/guardians that bullying and harassment will not be tolerated. Student training shall include the definitions of bullying and harassment, examples of bullying and harassment, the reporting process, how one can be an empowered bystander, and consequences of participating in bullying and harassment towards students and staff. This training will occur within the first two months of school and should be on-going.

Schools will inform students and parents/guardians about the availability and use of the Safe Student Incident Reporting Form and the Anonymous Alerts (for grades 6-12 only) app during orientation/open house sessions within the first month of school, and through appropriate school communication (i.e., school website, parent/student handbook).

The Safe Student Incident Reporting Form (blank forms only) will be available in the main office and other locations in each school. The Safe Student Incident Reporting Form (blank forms only) will also be available on the District’s website.

The Anonymous Alerts app will be available on the District’s website and district computers for students in grades 6-12.

Schools are required to conduct developmentally appropriate prevention activities such as:

Holding classroom meetings or town hall meetings with students to discuss safety concerns and building community;

Establishing, teaching, and reinforcing rules against bullying and harassment;
Incorporating social and emotional learning into the curriculum whenever possible;
Conducting classroom lessons on relevant topics such as inclusion, sensitivity, empathy, diversity, communication, problem solving, and tolerance;
Conducting student and/or parent focus groups or administer school-wide surveys to assess the nature and prevalence of bullying at the school, and identify bullying hot spots in and around the building.

Policy Distribution and Training

Information about Bullying/Harassment/Intimidation/Hazing and Reporting shall be conspicuously posted throughout each school building in areas accessible to pupils and staff members.

The policy shall appear in the student handbook and electronically distributed to all parents/guardians.

This policy shall be easily accessible on the School District Website.

This policy shall be reviewed at least annually for compliance with state and federal law.

Reporting

Students or parents/guardians or third parties who believe they have been subjected to bullying or harassment are encouraged to immediately report the incident to the building principal or designee, or to any other member of the school staff, including teachers, counselors, coaches, and administrators.

The reporter is encouraged to use the Safe Student Incident Reporting Form or Anonymous Alerts (grades 6 - 12 only), but verbal complaints are acceptable. The principal or designee shall complete the Safe Student Incident Reporting Form if the reporter chooses to make a verbal report.

All reports will be documented using the Safe Student Incident Reporting Form. Reports will be promptly and appropriately investigated by the principal or principal’s designee, consistent with the students’ due process rights, using the Safe Student Incident Reporting Form, generally within two (2) school days after receipt of the report.

NOTE: It is critical when receiving a report to determine whether immediate steps must be taken to avoid further harm, such as keeping students separated, getting medical/behavioral health aid for anyone harmed, etc.

Retaliation/False Allegations

Retaliation is prohibited and will result in appropriate discipline. It is a violation of this policy to threaten or harm someone for reporting harassment, intimidation, or bullying.

It is also a violation of district policy to knowingly report false allegations of harassment, intimidation, and bullying. Students or employees will not be disciplined for making a report in good faith. However, persons found to knowingly report or corroborate false allegations will be subject to appropriate discipline.

Investigation

Principals or the principal’s designee will determine whether bullying or harassment occurred by taking the following steps:

The investigation should consist of individual interviews with the complainant and the accused, and may include bystanders or others with knowledge relative to the incident. The investigator may also evaluate any other information and materials relevant to the investigation.
The investigator shall attempt to secure statements from all participants in, and witnesses to, the incident(s). The complainant shall not be required to meet face-to-face with the accused.
Ensure that complainants are notified of available resources, such as counseling, physical health and/or mental health services, and their right to file a complaint with local law enforcement.
Notify the complainant and the accused of the progress at appropriate stages of the investigation.
Refer the complainant to the building principal if there is a concern about a staff member and the Deputy Superintendent Instruction if the building principal is the subject of the report or complaint. In cases involving potential criminal conduct, determine whether appropriate law enforcement authorities should be notified.
Document findings from the investigation and actions taken on the Safe Student Incident Reporting Form.
If the investigation determines that the accused engaged in conduct that constitutes a violation of this policy, the principal or the principal’s designee shall take prompt and effective steps reasonably calculated to end the bullying or harassment, eliminate any hostile environment and its effects, and prevent the harassment from recurring.
Copies of the forms must be maintained in the principal’s confidential file.
Note: The District has an obligation to honor Family Education Rights and Privacy Act (FERPA) rights for both the offender and the target.

Parental Notification

If the bullying or harassment is substantiated, the principal or principal’s designee will communicate with the parents/guardians of the students involved, and take the following steps:

The parent/guardian of the target will be informed of the specific steps that the school will take to intervene in the reported behaviors, monitor future conduct, and protect the target from reprisal or retaliation.
The parent/guardian of the target may be invited to participate in the development of an intervention plan for their child.
The parent/guardian of the offender will be informed of the specific steps that the school will take to intervene in the reported behaviors and monitor future conduct, as well as the proposed consequences as stipulated in the Guidelines of Conduct and District Procedure 3310P.
The parent/guardian of the offender may be invited to participate in the development of an intervention plan for their child. The intervention plan must be documented in PowerSchool. An intervention plan that serves as a support plan for the targeted student will be placed in Log Entry - Pupil Services. Behavioral consequences will be reported in Incident Manager.
Who the plan will be shared with will be reviewed with parents/guardians.
The parents/guardians of the target and offender(s) will be provided with a copy of the intervention plan developed for their child. The intervention plan must be documented in PowerSchool (see #4).
Note: The District has an obligation to honor FERPA rights for both the offender and the target. .

Behavioral interventions

Schools must provide intervention and support to targets, offenders, and/or bystanders to address acts of bullying and harassment. Suggested interventions include, but are not limited to, the following actions:

Parent/student conferences;
One-to-one counseling for the target, offender, and/or bystander with appropriate school staff;
Positive behavioral supports, such as, functional behavioral assessments and check in/check out;
Increased adult supervision in problem areas and during transition times (e.g., admission and dismissal, classroom changes, lunch, recess);
Social skills training, including role playing;
Positive incentives and reinforcements for appropriate or improved behavior;
Development of a support plan for the targeted student.

The intervention plan and progress monitoring must be documented in PowerSchool - Log Entry Pupil Services.

Disciplinary action

While all incidents of bullying and harassment require student interventions, some incidents may require disciplinary action/consequences for the offender(s). Appropriate disciplinary action/consequences for persons committing acts of bullying and harassment, for persons engaged in reprisal or retaliation, and for persons found to have made false accusations should be applied, when appropriate, after the investigation has determined that such an offense has occurred. The disciplinary action/consequences may vary depending on the severity of the bullying and harassment. A range of disciplinary actions/consequences may be found in the Guidelines of Conduct and District Procedure 3310P.

Follow-up

At the initial meeting, dates will be set for follow-up meetings/check-ins (in person or by phone) with both the student (target and offender) and the parent(s) to ensure that the bullying and harassment has ceased, and to determine whether there is a need for additional intervention or support. The frequency/timeline may vary depending on the situation or the needs of the child/family.
These follow-ups may end after a period of several weeks or could be on-going over the course of a student’s enrollment. All parties should understand the plan for follow-up and for phasing out the plan when appropriate.

Central office support

In instances wherein the bullying and harassment incident is reported and unresolved, and/or parents/guardians are not satisfied with the investigation or findings; support may be requested by the school or parent/guardian from the Deputy Superintendent Instruction.

Support may be inclusive of, but not limited to, the following:

Independent review of the bullying and harassment report and investigation;
Interview of parties involved in data collection and disposition;
Review of disciplinary action as deemed appropriate, under the Guidelines for Student Conduct related to the incident(s);
Consultation with the parent/guardian and school-based personnel on alternative strategies and supports; and
Consultation with other relevant offices regarding findings and recommended actions.

The Office of the Deputy Superintendent Instruction will work with the school to ensure that the allegations/incident is reported, investigated, and that the resolution is sufficient. The Office of the Deputy Superintendent Instruction may amend the findings and recommendations of the school pursuant to review.

Appropriate professional development will be made available to all stakeholders annually to support the implementation of this procedure.

Information utilized from:

BULLYING AND HARASSMENT PROCEDURES FOR THE SCHOOL DISTRICT OF PHILADELPHIA

Policy History:

Adopted on: 3/29/2019

Revised on:

Bozeman Public Schools

STUDENTS

Policy 3231

Searches and Seizure

The goal of search and seizure with respect to students is meeting the educational needs of children and ensuring their security. The objective of any search and/or seizure is not the eradication of crime in the community. Searches may be carried out to recover stolen property, to detect illegal substances or weapons, or to uncover any matter reasonably believed to be a threat to the maintenance of an orderly educational environment. The Board authorizes school authorities to conduct reasonable searches of school property and equipment, as well as of students and their personal effects, to maintain order and security in the schools.

The search of a student, by authorized school authorities, is reasonable if it is both: (1) justified at its inception, and (2) reasonably related in scope to the circumstances which justified the interference in the first place.

School authorities are authorized to utilize any reasonable means of conducting searches, including but not limited to the following:

A “pat down” of the exterior of the student’s clothing;
A search of the student’s clothing, including pockets;
A search of any container or object used by, belonging to, or otherwise in the possession or control of a student; and/or
Devices or tools identified in school district policy or the student handbook or deemed necessary by the Superintendent or designee.

The “pat down” or “search’ of a student, if conducted, will be conducted by a school official or employee of the same gender as the student being searched.

School Property and Equipment and Personal Effects of Students

School authorities may inspect and search school property and equipment owned or controlled by the District (such as lockers, desks, and parking lots).

The Superintendent may request the assistance of law enforcement officials, including their use of specially trained dogs, to conduct inspections and searches of lockers, desks, parking lots, and other school property and equipment for illegal drugs, weapons, or other illegal or dangerous substances or material.

Students

School officials may search any individual student, his/her property, or District property under his/her control, when there is a reasonable suspicion that the search will uncover evidence that he/she is violating the law, Board policy, administrative regulation, or other rules of the District or the school. Reasonable suspicion shall be based on specific and objective facts that the search will produce evidence related to the alleged violation. The types of student property that may be searched by school officials include but are not limited to lockers, desks, purses, backpacks, student vehicles parked on District property, cellular phones, or other electronic communication

devices.

Students may not use, transport, carry, or possess illegal drugs or any weapons in their vehicles on school property. While on school property, vehicles may be inspected at any time by staff, or by contractors employed by the District utilizing trained dogs, for the presence of illegal drugs, drug paraphernalia, or weapons. In the event the school has reason to believe that drugs, drug paraphernalia, or weapons are present, including by alert-trained dogs, the student’s vehicle will be searched, and the student expressly consents to such a search.

Also, by parking in the school parking lots, the student consents to having his/her vehicle searched if the school authorities have any other reasonable suspicion to believe that a violation of school rules or policy has occurred.

Seizure of Property

When a search produces evidence that a student has violated or is violating either a law or District policies or rules, such evidence may be seized and impounded by school authorities and disciplinary action may be taken. As appropriate, such evidence may be transferred to law enforcement authorities.

Legal Reference: Safford Unified School Dist. No. 1 v. Redding, 557 U.S. 364, 129 S.Ct. 2633 (2009)

Terry v. Ohio, 392 U.S. 1, 20 (1968)

B.C. v. Plumas, (9th Cir. 1999) 192 F.3d 1260

Policy History:

Adopted on: 11/24/1986

Revised on: 8/09/1999, 9/25/2006, 2/23/2009, 3/28/2011, 7/15/2019, 1/10/2022

Bozeman Public Schools

STUDENTS

Procedure 3231P

Searches and Seizure

The following rules shall apply to any searches and the seizure of any property by school personnel:

The Superintendent, principal, and the authorized assistants of either shall be authorized to conduct any searches or to seize property on school premises, as further provided in this procedure.

If the authorized administrator has reasonable suspicion to believe that any locker, car, or other container of any kind on school premises contains any item or substance which constitutes an imminent danger to the health and safety of any person or to the property of any person or the District, the administrator is authorized to conduct a search of any car, locker, or container and to seize any such item or substance of any kind on school premises without notice or consent.

No student shall hinder, obstruct, or prevent any search authorized by this procedure.

Whenever circumstances allow, any search or seizure authorized in this procedure shall be conducted in the presence of at least one (1) adult witness, and a written record of the time, date, and results shall be made by the administrator.

In any instance where an item or substance is found which would appear to be in violation of the law, the circumstance shall be reported promptly to the appropriate law enforcement agency.

Canine Detection

To further safety and deter drugs and other illegal contraband in the schools, the Board of Trustees authorizes the use of specially trained, non-aggressive dogs to detect the presence of substances prohibited by law or district policy. Drug-detection dogs may be used periodically to monitor school premises as determined by the administration, including but not limited to, lockers, gym areas, common areas, vehicles parked on school district property, vacated classrooms (and items left in classrooms including book bags, gym bags, coats, jackets, purses, etc.), and perimeters of school property. Our policy and the procedure associated with canine-assisted searches are in line with legal precedent. The Searches and Seizure Policy governs the District’s authority to search students and their property and the student’s responsibility to submit to searches. Under Board Policy 3231, school officials have authority to conduct reasonable searches of school property and equipment, as well as of students and their personal effects, to maintain order and security in the schools.

Canine detection dogs seek out and alert on illegal drugs including marijuana, cocaine, heroin, ecstasy, and methamphetamines. They also find gunpowder related items such as ammunition and firearms. They also alert on a wide variety of alcoholic beverages as well as often abused over-the-counter and prescription medications. They do not alert on tobacco products or inhalers.

If a dog alerts on an item it will simply sit next to the item containing the odor, this establishes reasonable suspicion to conduct a search. The owner of the item is then escorted to the scene by a school administrator. The student is briefed on the dog's capabilities and given an opportunity to offer an explanation as to the nature of the dog's interest. The location and/or item is then inspected by the handler and contraband items discovered are sealed in an evidence bag and turned over to the school administrator. Parents are contacted and disciplinary action is taken based on Board policy.

If a vehicle is to be opened, the person owning, operating, or responsible for that vehicle shall also be present unless a school administrator deems the situation to be an emergency where public safety could be in jeopardy.

Should a person refuse to allow their vehicle to be searched, law enforcement shall be notified. Student vehicles parked on school district property that are the subject of a drug dog alert may result in a criminal investigation by law enforcement officials subject to a search warrant.

This detection system sends a message to students, parents and the community that our school has initiated a proactive position regarding the presence of prohibited items. If you are a parent of a middle or high school student, please direct any questions to your building principal.

Policy History:

Adopted on:

Revised on: 8/09/1999, 3/28/2011, 2/07/2014, 7/6/2017, 11/26/2018, 11/10/2022

Bozeman Public Schools

STUDENTS

Policy 3233

Student Use of Buildings: Equal Access

Non-curricular groups of students not previously recognized as curricular student organization under Policy 3510 or 3550 may gather on school premises under the following guidelines without restriction on the basis of the religious, political, philosophical, or other content of the meeting. Students wishing to form curricular groups or organizations recognized by the school administration may do so in accordance with policy 3510 or 3550.

This policy shall be made available to all interested individuals upon request and posted on the District’s website. Parents and families shall be provided information about the nature and purpose of student clubs and groups meeting at the school and methods to consent to participation or opt out of participation consistent with parent/family rights.

The following guidelines must be met:

The meeting is voluntary and student-initiated.
There is no sponsorship of the meeting by the school district, or its agents or employees.
The meeting must occur during non-instructional time on regular school days.
Employees or agents of the school district are present only in a capacity outside of their official duties.
The meeting does not materially and substantially interfere with the orderly conduct of educational activities within the school.
Non-school persons may not direct, conduct, control, or regularly attend activities.

Although the school assumes no sponsorship of these kinds of meetings, all meetings held on school premises must be scheduled and approved by the principal.

This policy pertains to student meetings. The school has the authority, through its agent or employees, to maintain order and discipline on school premises and to protect the well-being of students and faculty.

Cross Reference: 2132 Family Educational and Privacy Rights

2158 Family Engagement

3222 Distribution and Posting Materials

3510 School Sponsored Activities

3650 Montana Pupil Online Information Protection Act

Legal Reference: Section 40-6-701, MCA Fundamental Parental Rights

20 U.S.C. 4071 Equal Access Act

Board of Education v. Mergens, 110 S.Ct. 2356 (1990)

Title 20, chapter 3, part 3 Board of Trustees

Chapter 693 (2023) Parental Rights

Policy History:

Adopted on: 11/24/1986

Revised on: 10/13/2008, 8/24/2020, 7/24/2023

Bozeman Public Schools

STUDENTS

Policy 3235

Video Surveillance

The Board authorizes the use of video cameras on District property to ensure the health, welfare, and safety of all staff, students, and visitors to District property and to safeguard District buildings, grounds, and equipment. The Superintendent will approve appropriate locations for video cameras. Video recordings may be made with or without sound.

The Superintendent will notify staff and students, through staff and student handbooks or by other means, that video surveillance may occur on District property. A notice will also be posted at the main entrance of all District buildings, and on all buses, indicating the use of audio and/or video surveillance.

The District may choose to make video recordings a part of a student’s educational record or of a staff member’s personnel record. The District will comply with all applicable state and federal laws related to record maintenance and retention.

The Superintendent will develop procedures to identify employees who will have access to the system for monitoring, maintenance, and necessary retention. Responsibilities governing access to the system will be outlined in the employee’s respective job description.

All surveillance capabilities shall be implemented in accordance with the Montana Pupil Online Personal Information Privacy Act as required by Policy 3650. If video cameras or surveillance equipment utilized in the District includes facial recognition technology, all signs and methods of notification shall include a provision regarding the use of such technology.

Cross Reference: 3600 Student Records

Policy History:

Adopted on: 3/05/2001

Revised on: 5/13/2013, 10/12/2020, 1/10/2022, 7/24/2023

Bozeman Public Schools

STUDENTS

Procedure 3235P

Video Surveillance

Security cameras placed on Bozeman Public School properties provide a safeguard and a deterrent against trespassing, vandalism, harassment, and other criminal activity. The cameras may also help administration protect students and staff from being wrongly accused of participation in illegal or unacceptable behavior.

In the event a video recording reveals activity the Superintendent believes violates Board policies or state or federal law, the Superintendent may turn over such video recordings to applicable law enforcement authorities. If an individual or individuals on such video recording are students or staff of the District, they shall be subject to appropriate disciplinary action.

School administration recognizes the crucial responsibility of protecting the privacy, identity, and rights of due process for all those whose images are captured on video.

Although the camera system operates by recording activity around the clock daily, the system is not regularly monitored either during or outside of school hours.

Public Notification

Students, parents, and staff will be notified in writing via student and teacher handbooks as to the camera system’s existence, purpose, and procedures for use.
Security notices will be placed on all entry points at any facility in which a camera system is installed.

Those who have access to view recordings:

School (Principal, Assistant Principals and Deans) and District Administration
School Resource Officers
Investigative agencies (police, fire departments, etc) when evidence of criminal activity exists.
The School Board may view the recorded activity in the case of an expulsion hearing (in a closed session).
Parents, under the supervision of administration, may view the recorded activity of their own students. Camera footage is an educational record only for those students directly involved in the incident (student fight, theft, vandalism, etc.). As a result, a parent of any involved student is allowed to view the footage but is not permitted to receive a copy unless the parents of the other involved students provide consent. Consent from parents of students in the background is not required.
Students and staff, under the supervision of administration, may view recorded activity as part of an orientation to the system or as part of an investigation.

Real time images and activities, as well as recordings, may be viewed:

As a monitoring method in the event of a school emergency.
During an orientation activity that may involve parents, staff, students, or members of the community.
During the course of an investigation, or as part of the process of identification of a student, employee, or visitor.
By administration if there is reasonable suspicion of imminent illegal activity and/or chronic behaviors that are in violation of district policy.
By administration on a weekly basis in order to ensure the smooth and continued operation of the system.

Recording may be stored:

Digitally on the system’s hard drive where it remains for a maximum of 30 days. The computer will automatically erase recordings after 30 days as the hard drive reaches capacity and space for new data becomes necessary.

Recordings may be stored on a DVD for extended periods:

Video recordings used as part of this policy and procedure may be retained by the District for no more than 90 days, provided that the recordings may be kept for a longer period if the recordings reveal activity the Superintendent believes violates Board policies or state or federal law. Examples include:

If an investigative agency requests the recordings to be used at later court proceedings.
If there is reasonable suspicion of future criminal activity and/or chronic issues such as harassment, assault, and vandalism.
If there is an ongoing investigation that requires a recording to be saved.

Any/all DVDs will remain secure in the school vault and only be retained as long as legally required. Video recordings not retained for more than 90 days shall have their images erased or taped over. The Superintendent shall take additional steps as deemed appropriate to prevent unauthorized persons from accessing the recordings.

Policy History:

Adopted on: 8/06/2008

Revised on: 5/13/2013

Bozeman Public Schools

STUDENTS

Policy 3240

Guidelines of Conduct (K-12)

Each student is expected to take full advantage of his/her educational opportunities and to do his/her best in all areas of school life. Each student has the right to an education in an orderly, safe, and sanitary atmosphere and is expected to contribute to his/her environment.

The Guidelines of Conduct are based on the following belief statements:

Each individual has dignity and worth.
A free society requires respect for person, property, and principles.
Each individual is responsible for his or her own actions.
Each individual has a responsibility to the group as well as to the total society.

Guidelines of Conduct are general student expectations for positive behavior at the school site and during school-sponsored activities. Compliance with these guidelines of conduct is mandatory. Failure of a student to comply with these regulations constitutes an infringement upon the rights of other students or staff. Conduct outside of school that disrupts the school learning environment may also be subject to disciplinary consequences.

Respect and work cooperatively with his/her fellow students and school staff.

Be punctual and regular in school attendance.

Respond positively and promptly to direction by faculty or staff members.

Seek peaceful means to conflict resolution.

Use appropriate and respectful language.

Be intolerant of bullying or harassment of self or others by reporting incidents immediately.

Assist fellow students in making appropriate, positive choices.

Respect school property and the property of others.

Be financially responsible, with his/her parent or guardian, for willful damage or destruction of school property.

Leave school grounds promptly, and return only for school-sponsored activities. Remain in authorized areas only for after school usage.

Act in a safe and responsible manner.

Follow all District policies, city, state, and federal laws.

Use school resources, e.g., Internet, computers, books, etc., appropriately.
Dress and groom appropriately for a learning environment.

Use personal technology in accordance with school policy and procedure.

Maintain academic honesty and personal integrity.

Cross Reference: 3300 Corrective Actions or Punishment

3310 Student Discipline

3226 Bullying/Harassment/Intimidation/Hazing

Legal Reference: 20-5-201 MCA Duties and Sanctions

20-5-203 MCA Secret Organization Prohibited

Policy History:

Adopted on: 11/09/1971, 11/24/1986

Revised on: 6/24/1991, 6/24/1991, 2/14/2005, 7/11/2005

Bozeman Public Schools R

STUDENTS

Policy 3300

Suspension and Expulsion - Corrective Actions and Punishment

The Board recognizes that every student is entitled to due process rights that are provided by law.

Suspension

“Suspension” means the exclusion of a student from attending individual classes or school and participating in school activities for an initial period not exceeding ten (10) school days. An administrator may order suspension of a student.

The procedure set forth below will be followed when a proposed punishment of a student is to include denial of the right of school attendance from any single class or from a full schedule of classes for at least one (1) day.

Before any suspension is ordered, a building administrator will meet with a student to explain charges of misconduct, and the student will be given an opportunity to respond to the charges.

When a student’s presence poses a continuing danger to persons or property or poses an ongoing threat of disruption to the educational process, a pre-suspension conference will not be required, and an administrator may suspend a student immediately. In such cases, a building administrator will provide notice of and schedule a conference as soon as practicable following the suspension.

A building administrator will report any suspension immediately to a student’s parent or legal guardian. An administrator will provide a written report of suspension that states reasons for a suspension, including any school rule that was violated, and a notice to a parent or guardian of the right to a review of a suspension. An administrator will send a copy of the report and notice to the Superintendent.

The Superintendent will conduct a review of any suspension on request of a parent or legal guardian. A student and parent or legal guardian may meet with the Superintendent to discuss suspension. After the meeting and after concluding a review, the Superintendent will take such final action as appropriate.

Upon a finding by a school administrator that the immediate return to school by a student would be detrimental to the health, welfare, or safety of others or would be disruptive of the educational process, a student may be suspended for one (1) additional period not to exceed ten (10) school days, if the student is granted an informal hearing with the school administrator prior to the additional suspension, and if the decision to impose the additional suspension does not violate the Individuals with Disabilities Education Act (IDEA) or Rehabilitation Act.

Students who are suspended from any class or from school entirely have the right to make up any work missed according to the student handbook.

Expulsion

“Expulsion” is any removal of a student for more than twenty (20) school days without the provision of educational services. Expulsion is a disciplinary action available only to the Board.

The Board, and only the Board, may expel a student from school and may do so only after following due process procedures set forth below.

The Board will provide written notice to a student and parent or legal guardian of a hearing to consider a recommendation for expulsion, which will be sent by registered or certified mail at least five (5) school days before the date of the scheduled hearing. The notice will include time and place of hearing, information describing the process to be used to conduct the hearing, and notice that the Board intends to conduct the hearing in closed session unless a parent or legal guardian waives the student’s right to privacy.

Within the limitation that a hearing must be conducted during a period of student suspension, a hearing to consider expulsion may be rescheduled when a parent or legal guardian submits a request showing good cause to the Superintendent at least two (2) school days before a hearing date as originally scheduled. The Superintendent will determine if a request shows good cause to reschedule a hearing.

The student has the right to be present for the duration of the hearing. At hearing the student may be represented by counsel and ask questions, present perspectives, and provide witnesses or documentation. The Board is not bound by formal rules of evidence in conducting the hearing.

Each school shall maintain a record of any disciplinary action that is educationally related, with explanation, taken against the student. When the Board of Trustees takes disciplinary action against a student, the Board must keep a written record of the action taken, with detailed explanation, even if the disciplinary action is decided during a closed session. A disciplinary action that is educationally related is an action that results in the expulsion or out-of-school suspension of the student. This record must be maintained/destroyed consistent with Montana Local Government Records Schedule 7, and is subject to transfer to a local educational agency, accredited school, or nonpublic school pursuant to 20-1-213, MCA.

Procedures for Suspension and Expulsion of Students With Disabilities

The District will comply with provisions of the Individuals with Disabilities Education Act (IDEA) and Rehabilitation Act when disciplining students. The Board will not expel any special education student when the student’s particular act of gross disobedience or misconduct is a manifestation of the student’s disability. The Board may expel pursuant to its expulsion procedures any special education student whose gross disobedience or misconduct is not a manifestation of the student’s disability. A disabled student will continue to receive education services as provided in the IDEA or Rehabilitation Act during a period of expulsion.

A building administrator may suspend a child with a disability from the child’s current placement for not more than ten (10) consecutive school days for any violation of school rules, and additional removals of not more than ten (10) consecutive school days in that same school year for separate incidents of misconduct, as long as those removals do not constitute a change of placement under 34 CFR 300.519(b), whether or not a student’s gross disobedience or misconduct is a manifestation of a student’s disabling condition. Any special education student who has exceeded or who will exceed ten (10) days of suspension may temporarily be excluded from school by court order or by order of a hearing officer, if the District demonstrates that maintaining the student in the student’s current placement is substantially likely to result in injury to the student or to others. After a child with a disability has been removed from his or her placement for more than ten (10) school days in the same school year, during any subsequent days of removal the public agency must provide services to the extent required under 34 CFR 300.121(d).

An administrator may remove from current placement any special education student who has carried a weapon to school or to a school function or who knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function or inflicts serious bodily injury on another person while at school on school premises, or at a school function under the jurisdiction. A serious bodily injury is one that involves a substantial risk of death; extreme physical pain; protracted and obvious disfigurement; or protracted loss or impairment of the function of a bodily member, organ or faculty. The District will place such student in an appropriate interim alternative educational setting for no more than forty-five (45) school days in accordance with the IDEA or Rehabilitation Act.

Legal Reference: 20 U.S.C. 1400, et seq. Individuals with Disabilities Education Act

34 CFR 300.519-521 Procedural Safeguards

§ 20-1-213, MCA Transfer of School Records

§ 20-4-302, MCA Discipline and punishment of pupils –definition of corporal punishment – penalty – defense

§ 20-4-402, MCA Duties of district superintendent or county high school principal

§ 20-5-105, MCA Attendance officer – powers and duties

§ 20-5-106, MCA Truancy

§ 20-5-201, MCA Duties and sanctions

§ 20-5-202, MCA Suspension and expulsion

ARM 10.16.3346 Aversive Treatment Procedures

ARM 10.55.910 Student Discipline Records

Goss v. Lopez, 419 US 565 (1975)

Section 504 IDEA

Policy History:

Adopted on: 11/24/1986

Revised on: 5/13/1996, 8/10/2009, 8/12/2013, 6/09/2014, 8/14/2017, 10/12/2020

Bozeman Public Schools

STUDENTS

Procedure 3300P

Suspension and Expulsion Procedures

Withdrawal from School

Withdrawal from School does not prevent the district from moving forward with disciplinary consequences up to and including expulsion. Withdrawal from school after a student has been accused of a violation pending an expulsion hearing will not prevent the District from investigating the alleged violation and, if it is determined that a violation did occur, proceeding with and enforcing disciplinary consequences up to and including expulsion should the student re-enroll in the District.

In-School Suspension

Guidelines for the in-school suspension program are as follows:

A student who is assigned to an in-school suspension shall agree to the conditions specified by the school principal.

The in-school suspension program is designed to encourage learning and to provide opportunity for reflection related to behavior. Students will be expected to work on their classroom assignments at all times.

Any act of inappropriate conduct may result in further disciplinary actions.

A student shall remain isolated from other students throughout the school day and will be denied the opportunity of participating in any school activities while in the in-school suspension program.

An assignment to the in-school suspension program shall not exceed five consecutive days.

Specific rules and building procedures shall be developed by the building principal.

Out-of-School Suspension

Guidelines for the out of school suspension program are as follows:

A student who is assigned to an out-of-school suspension shall agree to the conditions specified by the school principal.

The out of school suspension program is designed to create separation between the school environment and the student, encourage learning and to provide opportunity for reflection related to behavior. Students will be expected to complete their classroom assignments.

Students may be afforded the opportunity, based on administrative discretion, placement in an out of school suspension alternative setting. In this alternative setting, any act of inappropriate conduct may result in further disciplinary actions.

A student shall be denied the opportunity of participating in, or attending any school activities while serving an out of school suspension.
Specific rules and building procedures shall be developed by the building principal; i.e. Administrative Contracts.

Out of School Suspension - Alternative

Guidelines for the Out of School Suspension - Alternative Program are as follows:

A student who is assigned to an Out of School Suspension - Alternative Program shall agree to the conditions specified by the school principal.

The Out of School Suspension – Alternative Program is designed to encourage learning and to provide opportunity for reflection related to behavior. Students will be expected to work on their classroom assignments at all times.

Any act of inappropriate conduct may result in further disciplinary actions.

A student shall remain isolated from other students throughout the school day and will be denied the opportunity of participating in any school activities while in the Out of School Suspension - Alternative Program.

Specific rules and building procedures shall be developed by the building principal, i.e. Administrative Contracts.

Alternative to Expulsion (A2X)

Alternative to Expulsion is a placement to an alternative educational setting in lieu of a Board hearing regarding expulsion. An administrator makes an Alternative to Expulsion (A2X) placement recommendation.

Program Entrance

The building principal makes a recommendation (including length of placement) to the Deputy Superintendent Instruction.
The Deputy Superintendent Instruction reviews documentation and determines if assignment to A2X is appropriate based on the student’s rights to due process, whether the student’s offense mandates placement in an alternative program, and the duration of the placement. The Deputy Superintendent Instruction also reviews support at the student’s school and determines whether the proper interventions were made.
Students with disabilities may be unilaterally placed in the program for up to 45 days for drug, weapon, or serious bodily injury offenses. For other offenses, placement shall follow the IEP process.
All referrals are made through Youth Court Services/Youth Probation.

Appeal Process

Parent verbal consent for placement in the A2X Program is not required.
Parents may request a hearing with the Deputy Superintendent Instruction.
Parents may further appeal the decision through the Uniform Complaint Procedure. In this case, the case will be heard by the Board of Trustees in an expulsion hearing. Student will be placed in out-of-school suspension until the Board hearing.

Education

Students assigned to A2X continue to receive academic instruction in core subjects plus intervention/counseling designed to strengthen a student’s skills in communication, social interaction, studying and to better deal with the presenting behavior issue. The program’s primary goal is for students to successfully return to their home schools, with a better understanding of the connection between their behavior and positive or negative consequences.
Students with disabilities will receive services as determined appropriate by an IEP team sufficient to allow for progress on their individual goals, as well as progress in the general curriculum.
While assigned to A2X, students may meet academic standards needed to acquire or maintain class credit, depending on how much class work is completed.
Individual plan will be created upon entry into the program.

Behavior

Behavior management within the program would be highly structured and consistent with the school wide student behavior management plan of the Bozeman Public Schools with administrative discretion.
Student must demonstrate clean drug tests that will be conducted on a regular basis or as determined by the Court. The tests and results would be conducted by a professionally licensed laboratory and released directly to the District each week from the laboratory.

Attendance

Based on individual plan developed upon entry into the program.

Social and Behavioral Support

Students receive targeted social skills instruction both individually and in small groups.
Mental-health counseling and abuse/prevention education may also be provided.
Parent education component is available.
In the event that a referral to an outside agency is involved, the parents or legal guardians will be responsible for the cost for the entire program regardless of attendance or successful completion.

Community Service

A community service component would provide students with an opportunity to interface with the community and to “give back.”
District personnel, parent(s) and students would coordinate with agencies in Bozeman to fulfill this component of the program.

Parent Responsibilities

Parents should work as a team with District and Community Agencies.
Participation in parenting/support classes.
District-provided transportation will be suspended and will be the responsibility of the parent (unless, for students with disabilities, transportation is determined to be a related service need).
Parents should see that their child complies with the student’s plan.
In the case of substance abuse, pay for drug testing for marijuana or other illegal drugs or substances. The tests and results are to be conducted by a professionally licensed laboratory and released directly to the District each week from the laboratory, or as determined by the Court.
Parent may be required to supervise child for community service.
Additional costs if referral to outside agency.

Early Exit Criteria

A monthly meeting is held to determine progress of currently placed students (Deputy Superintendent Instruction, Principal, Youth Court Services/Youth Probation representative, program staff and others by invitation).
Students may reduce the number of required days by 25 percent and return early to their regular school by meeting specific criteria, such as high attendance, strong academic performance and community service.
Returning to Regular School
The transition back to the regular classroom setting is carefully planned, and includes follow-up supports to help when the student returns to regular school. This planning involves the student and parents, and teachers, specialists and administrators from the school and A2X. These supports aim to help the student continue the progress made in A2X.

Policy History:

Adopted on:

Revised on: 5/1995, 12/1997, 2/2006, 8/2009, 5/2011, 8/2014

3300F

BOZEMAN PUBLIC SCHOOLS

PROCEDURAL CHECKLIST - SUSPENSION OR EXPULSION

STUDENT _______________________________________ School _________________

Charge: __________________________________________ Date of Charge __________

I. Proper authority utilized

II. Emergency Suspension (choose one)

Clear and present danger existed

Serious disruption likely

III. Suspension

Term did not exceed ten (10) days

Student/parent given notice of misconduct

Student denial: authority explains evidence

Student given opportunity to present position

Student/parent immediately notified (phone/mail)

IV. Expulsion

Expulsion reasons appropriate (violation stated)

Recommendation for expulsion made by letter

Superintendent concurs

Notice sent to parents of recommendation and executive session

letter from superintendent complete

included copy of recommendation letter

included copy of recommendation to Board

power of expulsion stated

Board executive session date stated

Notice of hearing sent to parents six (6) days prior

Board hearing conducted during suspension

Expulsion hearing properly conducted

access to evidence and records provided

representation available

student permitted to comment on evidence

student exempted from self-incrimination

student representation available

no new evidence permitted

Board decision delivered to student and parent

Conditions for reinstatement stated

Procedural reviewer: _________________________________ Date of review: ___________

Description of previous action:____________________________________________________________________

____________________________________________________________________________________________

Final action: _________________________________________________________________________________

____________________________________________________________________________________________

Bozeman Public Schools R

STUDENTS

Policy 3310

Student Discipline

The Board grants authority to a teacher or principal to hold a student to strict accountability for disorderly conduct in a school building, on property owned or leased by a school district, on a school bus, on the way to or from school, or during intermission or recess.

Disciplinary action may be taken against any student guilty of gross disobedience or misconduct, including but not limited to instances set forth below:

Using, possessing, distributing, purchasing, or selling tobacco products, and alternative nicotine and vapor products as defined in 16-11-302, MCA.
Using, possessing, distributing, purchasing, or selling alcoholic beverages, including powdered alcohol. Students who may be under the influence of alcohol will not be permitted to attend school functions and will be treated as though they had alcohol in their possession.
Using, possessing, distributing, purchasing, or selling drug paraphernalia, illegal drugs, marijuana, controlled substances, or any substance which is represented to be or looks like a narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, alcoholic beverage, stimulant, depressant, or intoxicant of any kind, including such substances that contain chemicals which produce the same effect of illegal substances including but not limited to Spice and K2. Students who may be under the influence of such substances will not be permitted to attend school functions and will be treated as though they had drugs in their possession.
Using, possessing, controlling, or transferring a firearm or other weapon in violation of policy 3311.
Using, possessing, controlling, or transferring any object that reasonably could be considered or used as a weapon as referred to in policy 3311.
Disobeying directives from staff members or school officials or disobeying rules, violating state or federal law, or not honoring regulations governing student conduct.
Using violence, force, noise, coercion, threats, intimidation, fear, or other comparable conduct toward anyone or urging other students to engage in such conduct unless such force is determined, following investigation, to be for self-defense or defense of others as defined by law.
Causing or attempting to cause damage to, or stealing or attempting to steal, school property or another person’s property.
Engaging in any activity that constitutes an interference with school purposes or an educational function or any other disruptive activity.
Unexcused absenteeism. Truancy statutes and Board policy will be utilized for chronic and habitual truants.
Intimidation, harassment, sexual harassment, sexual misconduct, hazing or bullying; or retaliation against any person who alleged misconduct under Policy 3225 or 3226 or participated in an investigation into alleged misconduct under Policy 3225 or 3226.
Defaces or damages any school building, school grounds, furniture, equipment, or book belonging to the district.
Forging any signature or making any false entry or attempting to authorize any document used or intended to be used in connection with the operation of a school.
Records or causes 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.
Violating a “no contact agreement” or violating court orders including restraining orders obtained by other students or staff.
Engaging in academic misconduct which may include but is not limited to: cheating, unauthorized sharing of exam responses or graded assignment work; plagiarism, accessing websites or electronic resources without authorization to complete assigned coursework, and any other act designed to give unfair academic advantage to the student.

These grounds stated above for disciplinary action apply whenever a student’s conduct is reasonably related to school or school activities, including but not limited to the circumstances set forth below:

On school grounds before, during, or after school hours or at any other time when school is being used by a school group.
Off school grounds at a school-sponsored activity or event or any activity or event that bears a reasonable relationship to school.
Travel to and from school or a school activity, function, or event.
Anywhere conduct may reasonably be considered to be a threat or an attempted intimidation of bullying of a staff member or student, or an interference with school purposes or an educational function.

Disciplinary Measures

Disciplinary measures include but are not limited to:

Expulsion
Suspension
Detention, including Saturday school
Clean-up duty
Loss of student privileges
Loss of bus privileges
Notification to juvenile authorities and/or police
Restitution for damages to school property

No District employee or person engaged by the District may inflict or cause to be inflicted corporal punishment on a student. Corporal punishment does not include reasonable force District personnel are permitted to use as needed to maintain safety for other students, school personnel, or other persons or for the purpose of self-defense.

Non-Disciplinary Measures

The Superintendent or designee is authorized to assign a student to non-disciplinary offsite instruction pending the results of an investigation or for reasons related to the safety or well-being of students and staff. During the period of non-disciplinary offsite instruction, the student will be permitted to complete all assigned schoolwork for full credit. The assignment of non-disciplinary offsite instruction does not preclude the Superintendent or designee from disciplining a student who has, after investigation, been found to have violated a School District policy, rule, or handbook provision.

Delegation of Authority

The Board grants authority to any teacher and to any other school personnel to impose on students under their charge any disciplinary measure, other than suspension or expulsion, corporal punishment, or in-school suspension, that is appropriate and in accordance with policies and rules on student discipline. The Board authorizes teachers to remove students from classrooms for disruptive behavior.

Cross Reference: 3300 Suspension and Expulsion - Corrective Actions and Punishment

3226 Bullying/Harassment/Intimidation/Hazing

5015 Bullying/Harassment/Intimidation

Legal Reference: § 16-11-302(1)(7), MCA Definitions

§ 20-4-302, MCA Discipline and punishment of pupils – definition of corporal punishment – penalty defense

§ 20-5-202, MCA Suspension and expulsion

§ 45-8-361, MCA Possession or allowing possession of weapon in school building – exceptions – penalties – seizure and forfeiture or return authorized – definitions

§ 45-5-637, MCA Possession or consumption of tobacco products, alternative nicotine products, or vapor products by persons under 18 years of age is prohibited – unlawful attempt to purchase - penalties

29 U.S.C. § 701 Rehabilitation Act of 1973

§ 45-8-213, MCA Privacy in communications

Title 16, Chapter 12 MCA Montana Marijuana Regulation and Taxation

§ 45-2-307, MCA Discrimination in Education

Title 20, Chapter 1, Part 2, MCA Certain district policies prohibited

Chapter 256 (2023) Discrimination in Education

Chapter 266 (2023) Self-defense in schools

Policy History:

Adopted on: 11/24/1986

Revised on: 7/11/2005, 3/28/2011, 8/10/2015, 12/10/2018, 1/25/2021, 6/14/2021, 4/25/20222,

7/24/2023

Bozeman Public Schools

STUDENTS

Procedure 3310P

Student Risk Assessments

The District may establish a risk assessment team for students whose behavior may pose a risk to the safety of school staff or students.

Each team shall:

Provide guidance to students, faculty, and staff regarding recognition of threatening or aberrant behavior that may represent a risk to the community, school, or self;
Include persons with expertise in counseling, instruction, school administration, and law enforcement.
Identify members of the school community who should be informed of behavior;
Implement school board policies for the assessment of and intervention with students whose behavior poses a risk to the safety of school staff or students including response plans; and
Utilize available forms and procedures.

All District employees, volunteers, and contractors are required to report any expressed risks or behavior that may represent a risk to the community, school, or self. In cases determined to be appropriate, teams shall follow established procedures for referrals to community services, boards, or health care providers for evaluation or treatment when appropriate.

Upon a preliminary determination that a student poses a risk of violence or physical harm to self or others, a risk assessment team shall immediately report its determination to the superintendent or designee. The superintendent or designee shall immediately attempt to notify the student’s parent or legal guardian. Nothing in this policy shall prevent a District employee from acting immediately to address an imminent risk.

Regardless of risk assessment activities, disciplinary action and referral to law enforcement are to occur as required by school board policy and Montana law. The District may, in accordance with the provisions in Policy 3600P, release student records or information in connection with an emergency, without parental consent, if the knowledge of such information is necessary to protect the health or safety of the student or other persons.

Policy History:

Adopted on: 3/31/2022

Revised on:

Bozeman Public Schools

STUDENTS

Procedure 3310P1

K-5 ELEMENTARY SCHOOLS - BEHAVIOR & DISCIPLINE REPORTING

The purpose of the Bozeman Public Schools Behavior and Discipline Reporting Plan is to provide students and parents with a clear understanding of the concrete principles that guide administrative determinations with regard to discipline. These guidelines were developed to align with best practices on developmentally appropriate discipline and what is known to increase the probability of positive outcomes for both the student and the school environment. Consideration was taken in order to minimize discipline’s impact on student participation, maintain positive relationships with students and families, and ensure fairness, uniformity, and consistency in all disciplinary practices.

In accordance with established best practices, Bozeman Public Schools Behavior and Discipline procedures operate within a multi-tiered framework that includes graduated supports and consequences. This multi-tiered framework encourages early identification of potential behavioral problems and the provision of proactive, preventative support. Alternatives to exclusionary practices (e.g. in-school-suspension, out-of-school-suspension, loss of access to recess and/or other preferred activities) are assigned in all cases that it is possible to do so without risk of failing to prevent ongoing harm and/or disrupting the ongoing functioning of the school environment. In order to make this possible while maintaining universally understood expectations and consistent boundaries, school administrators have a broad variety of options for effective response (as illustrated in the chart below). The toolkit of options for response to problematic student conduct is contributed to by evidence-based practices such as Restorative Justice^[1] and Trust Based Relational Intervention^[2], among others.

It should be noted that this plan is intended to operate alongside Bozeman School District’s Multi-Tiered Systems of Support (MTSS) model of positive behavioral supports and interventions. MTSS is an infrastructure within which each individual student’s needs are met systematically and proactively. BSD7’s MTSS model includes core counseling standards of mindsets, learning strategies, self-management skills, and social skills that are addressed school-wide, in the classroom, and on a more intensive small-group or individual basis depending on the student’s need for support. This MTSS process works jointly with the Behavior and Discipline Reporting Plan. Whenever disciplinary action is taken, school teams are also evaluating the need for additional resources and supports to build the student’s social-emotional/behavioral skill set so that the conduct resulting in the discipline is less likely to reoccur.

The policies defined in the current document are in accordance with Montana State statutes and regulations, including the legal requirement that schools maintain a record of any disciplinary action that is educationally related, with explanation, taken against the student (10.55.910). These policies also include practices that are known to promote safe, nurturing environments for all students.

Misbehaviors in the elementary grades are categorized as Level I, Level II, or Level III. These infraction levels are defined below.

Level I

Minor misbehaviors that can be adequately corrected at the time they occur, and which do not require documentation.

Level II

Misbehaviors that, while not requiring immediate administrative involvement, do require documentation because:

The reporting staff member wants/needs administrative input on the incident (e.g., a teasing incident that may be harassment).
The reporting staff member feels the administrator should be aware and/or have a record of the situation (e.g., a Level I misbehavior is becoming chronic).

Level III

Serious misbehaviors that require administrative involvement, written documentation and parent contact. Level III incidents include behaviors that are illegal, physically dangerous, or demonstrate gross insubordination.

Consequences and Corrective Measures

Specific behaviors do not always warrant specific disciplinary action. For example, the developmental level of the student may be taken into consideration when selecting consequences. A choice of consequences is listed below:

Available Measures
Re-Do
Guided Reflection for Problem Solving
Contracting
Restorative Conferencing
Restitution
Targeted Instruction
Parent Phone Call/Parent Conference
Individualized Behavior Plan
Restructured Recess/Alternative Recess
Time-in
Re-teach
Meaningful Work
Processing Activity/Form
Restriction of Non-Curricular Related Activities
Referral to Principal ↴
	Principal’s Only
	Suspension (ISS/OSS)
	Referral to School Resource Officer
	Recommendation for Expulsion

LEVEL II & LEVEL III INFRACTIONS

(1) Caused, attempted to cause, or threatened to cause UNWANTED PHYSICAL CONTACT/ PHYSICAL INJURY to another person (BP# 3240) Students who by their presence &/or actions encourage disruption, fights, or physical injury are subject to disciplinary action.

1.1 Willful Disregard for the safety of others or self (MCA 45-5-207)

1.2 Abusive, threatening, willfully defiant, gang-related behavior or verbal/physical altercation (MCA 45-8-101)

1.3 Fighting and/or inciting a fight (MCA 45-8-101)

1.4 Assault (MCA 45-5-201, 202, 206, 207, 208, 210, 211, 212, 213, 214); Sexual Assault (MCA 45-5-502)

1.5 Inflict, threaten to inflict, or attempt to inflict violence or physical harm against a student, teacher, administrator or other school personnel based upon the person’s race, color, national origin, ancestry, sex, ethnicity, language barrier, religious belief, physical or mental handicap or disability, economic or social condition, actual or potential marital or parental status, gender, or sexual orientation. (BP# 3210, 3226, 3310, 20-5-201, 20-5—209, 49-2-307, MCA)

(2) Possessed, sold, threatened the use of, or otherwise furnished any FIREARM of any kind on school grounds or at school functions. These weapons include, but are not limited to pistols, revolvers, rifles, and shotguns. (BP# 3311; MCA 45-5-623; 45-8-316, 328, 334, 335)

(3) Possessed, sold or otherwise furnished any KNIFE, EXPLOSIVE OR OTHER DANGEROUS OBJECT used as a weapon or that could be used as a weapon unless, in the case of any object of this type, the pupil had obtained written permission to possess the item from a certificated school designee of the principal (BP#3311; MCA 45-8-334, 335)

3.1 Possession, Use, or Threat of Any Explosive Devices.

3.2 Possession of Knives, Slingshots, or Other Weapons. Possessed, sold, or otherwise furnished any knife or other dangerous object used as a weapon or that could be used as a weapon, or a facsimile of a weapon, unless, in the case of any object of this type, the pupil had obtained written permission to possess the item from a certified school designee of the principal. These objects include, but are not limited to, air guns, gas operated guns, spring guns, knives, slingshots, nunchakus, artificial knuckles of any substance, or any object used or threatened to be used as a dangerous or deadly weapon.

(4) Unlawfully possessed, used, sold or otherwise furnished, or been under the influence of any CONTROLLED SUBSTANCE, ALCOHOLIC BEVERAGE, OR AN INTOXICANT OF ANY KIND on school grounds or at school functions. (BP#2334, 3330, 4313)

4.1 Under the influence of any alcoholic beverage or illegal drugs (MCA 45-5-624; 45-9-102, 121)

4.2 Possession of any alcoholic beverage or illegal drugs. (MCA 45-5-622, 623, 624; 45-9-102,121)

4.3 To distribute, receive, or engage in any transaction involving the exchange of drugs or alcohol; or the intent to distribute or receive any drugs or alcohol. (MCA 45-5-622, 623, 624; 45-9-102, 121)

(5) Unlawfully offered, arranged or negotiated to SELL any controlled substance listed in the MCA, an alcoholic beverage, or an intoxicant of any kind, and then either sold, delivered, or otherwise furnished to any person another liquid, substance, or material and REPRESENTED the liquid, substance or material as a controlled substance, alcoholic beverage, or intoxicant. (MCA 45-5-622-624; 45-9-102, 121)

(6) Had unlawful possession of, or unlawfully offered, arranged, or negotiated to sell any DRUG PARAPHERNALIA, as defined by MCA 45-10-103 (BP#8124; MCA 45-5-101-105)

(7) Possessed or used tobacco, or any products containing or mimicking the use of TOBACCO OR NICOTINE PRODUCTS, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco (snuff, chew packets and betel), and e-cigarettes/vaping devices. (BP#2334; MCA 45-5-637)

(8) Caused or attempted to cause DAMAGE TO SCHOOL PROPERTY OR PRIVATE PROPERTY [crime against property including, but not limited to, arson (8.1) and vandalism (8.2)] (BP# 3260, 9321, 8124; MCA 45-6-101, 102, 103)

Due to the breadth of infractions in this category, site administration may use alternative discipline programs to intervene. Due to the potential seriousness of these offenses, infractions of this rule may result in suspension and may result in recommendation for expulsion. Recommended referral to law enforcement and/or fire marshal.

(9) Stole or attempted to STEAL SCHOOL PROPERTY OR PRIVATE PROPERTY (BP#3240, 8421; MCA 45-6-301, 302). Due to the potential seriousness of this offense, infractions may result in 10-day suspension, recommendation for expulsion and referral to law enforcement.

(10) Committed or attempted to commit ROBBERY OR EXTORTION [crime against a person] (BP# 3240; MCA 45-5-401)

(11) Knowingly RECEIVED STOLEN SCHOOL PROPERTY or private property (BP# 3240, 8421, 9321; MCA 45-6-301, 302)

(12) DISRUPTED SCHOOL ACTIVITIES or otherwise DISOBEYED THE VALID AUTHORITY of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties (BP# 3200, 3240, 4313)

12.1 False Fire/Emergency Alarm

12.2 Refusal to comply with directives despite being given adequate opportunity to do so; Disrupting school activities; Gambling. (includes gang related activities) (MCA 45-8-101)

12.3 Unauthorized use of cell phone

12.4 Possession of Disruptive Devices (beepers, pagers, unapproved electronic devices, or other nuisance items) (MCA 45-8-101)

12.6 Refusal to cooperate in an investigation and/or impeding an investigation.

(13) Committed an obscene act or engaged in PROFANITY OR VULGARITY (BP# 3220, 3222, 3240, 8124)

13.1 Profanity/Unacceptable language (MCA 45-8-101)

13.2 Profanity, obscene acts or gestures toward STAFF, habitual profanity (MCA 45-8-101)

13.3 Obscene gestures or unsanitary acts (MCA 45-8-101, 45-5-504)

13.4 Lewd Acts (MCA 45-8-201)

(14) ATTENDANCE RELATED offenses (BP# 3122, 3123, 3200)

14.1 Attendance Violation Initial intervention-may include loss of grade, % decrease in grade, detention, or other per teacher/department policy

14.2 Closed campus policy violation; leaving school grounds without permission

(15) Unauthorized making, duplicating or possession of a KEY TO A PUBLIC BUILDING (BP# 8421; MCA 45-6-205)

(16) Acts of DECEPTION (MCA 45-6-325; 45-7-205, 302)

16.1 Lying or presenting false information

16.2 Academic Dishonesty: Cheating or Plagiarism

(17) Presence in UNAUTHORIZED AREAS; parking lots and other out of boundary areas

(18) Violation of SCHOOL DRESS CODE (BP# 3224)

(19) Failure to serve SCHOOL DETENTION PROGRAM

(20) Failure to serve IN SCHOOL SUSPENSION

(21) Misuse of the INTERNET (BP# 8422; MCA 45-6-311)

(22) HARASSMENT (BP# 3226, 5012; MCA 45-5-203 ,220, 221) Bystanders who by their presence and/or actions encourage bullying, harassment, intimidation, hazing, and/or sexual harassment are also subject to disciplinary action as outlined in 22.1 and 22.2. Students who retaliate against another student for reporting the above-mentioned behaviors are also subject to disciplinary action outlined in 22.1 and 22.2.

22.1 Harassment/Intimidation/Hostile Environment Remarks and/or actions directed toward a student or staff member designed to demean, intimidate, embarrass, tease/taunt, exclude, or humiliate that is sufficiently severe to have a negative impact upon the individual’s academic performance or ability to access instruction; or to create an intimidating, hostile, or offensive education environment. Includes targeted sexualized behavior, remarks, or actions and/or any harassment or aggressive conduct on the basis of race, color, national origin, ancestry, sex, ethnicity, language barrier, religious belief, gender, gender presentation, sexual orientation, disability, economic or social condition, actual or potential marital or parental status. Can be physical, verbal or electronic.

(BP# 3210, 3226, 3310, 20-5-201, 20-5-209, 49-2-307, MCA )

22.2 Inappropriate display of Affection

(23) NOT USED

Policy History:

Adopted on:

Revised on: 4/22/2005, 7/01/2006, 7/01/2012, 5/22/2013, 8/14/2015, 5/12/2016, 5/24/2017, 12/28/2017, 10/09/2019, 4/30/2021, 1/12/2022, 6/12/2023

Bozeman Public Schools

STUDENTS

Procedure 3310P2

MIDDLE SCHOOL - GROUNDS FOR SUSPENSION AND EXPULSION

Montana Education Code 20-4-402 and Bozeman Board Policy 6110 allows the superintendent and/or principal of a school to suspend or recommend for expulsion a student for any infraction of the following rules while on school grounds, going to or coming from school, during the lunch period whether on or off the campus, or during, or while going to or coming from, a school sponsored activity. The designated consequences for each occurrence (1st offense, 2nd offense, additional offenses) are guidelines followed by 6-8 schools. However, any of the listed offenses, when the conduct is of an extreme nature, may result in a suspension of up to 10 days or a recommendation for expulsion/placement in the Alternative to Expulsion program for the first or second offense. This list is not intended to be either inclusive or conclusive. Administrators reserve the right to modify consequences at their discretion pending determination of special circumstances. Students with significant chronic behaviors may be recommended for expulsion/placement in the Alternative to Expulsion program.

(1) Caused, attempted to cause, or threatened to cause UNWANTED PHYSICAL CONTACT/PHYSICAL INJURY to another person (BP# 3240) Students who by their presence &/or actions encourage disruption, fights, or physical injury are subject to disciplinary action.

OFFENSE	1ST OFFENSE	2ND OFFENSE	ADDITIONAL OFFENSES
1.1 Willful Disregard for the safety of others or self (MCA 45-5-207) Committing acts that may endanger other students, including throwing snowballs, potentially dangerous objects, rubber bands, running in crowded areas, or pushing and shoving.	Zero period -3 day suspension and parent notification. Additional interventions as assigned.	1-3 day suspension and parent notification. Additional interventions as assigned.	3-5 day suspension and parent conference. Additional interventions as assigned.
1.2 Abusive, threatening, willfully defiant, gang-related behavior or verbal/physical altercation. (MCA 45-8-101). Typically this is a mutually joined altercation or conflict between students.	Zero period -3 day suspension and parent notification. Possible mediation and additional interventions as assigned. ^	3-5 day suspension and parent notification and additional interventions as assigned. ^	5 day suspension and/or placement into the Alternative to Expulsion program. Parent conference. Referral to law enforcement. Additional interventions as assigned. ^
1.3 Fighting and/or inciting a fight. (MCA 45-8-101) Typically this is a mutually joined altercation between students.	3-5 day suspension and parent notification. Possible mediation and referral to law enforcement. Additional interventions as assigned. ^	5-10 day suspension and parent conference. Possible mediation and referral to law enforcement. Possible recommendation for expulsion up to 45 days/placement in the Alternative to Expulsion program. Additional interventions as assigned. ^	5-10 day suspension and parent conference. Referral to law enforcement and possible mediation. Possible recommendation for expulsion up to 90 days/placement in the Alternative to Expulsion program. Additional interventions as assigned. ^
1.4 Assault (MCA 45-5-201, 202, 206, 207, 208, 210, 211, 212, 213, 214); Sexual Assault (MCA 45-5-502)	5-10 day suspension, parent conference, and referral to law enforcement. Recommendation for expulsion up to 45 days/placement in the Alternative to Expulsion program. ^	5-10 day suspension, parent conference, and referral to law enforcement. Recommendation for expulsion for up to 90 days/placement in the Alternative to Expulsion program. ^	5-10 day suspension, parent conference, and referral to law enforcement. Recommendation for expulsion for up to 180 days/placement in the Alternative to Expulsion program. ^
1.5 Inflict, threaten to inflict, or attempt to inflict violence or physical harm against a student, teacher, administrator or other school personnel based upon the person’s race, color, national origin, ancestry, sex, ethnicity, language barrier, religious belief, physical or mental handicap or disability, economic or social condition, actual or potential marital or parental status, gender, or sexual orientation. (BP# 3210, 3226, 3310, 20-5-201, 20-5—209, 49-2-307, MCA )	5-10 day suspension, parent conference, referral to law enforcement, and possible recommendation for expulsion. ^	5-10 day suspension, parent conference, referral to law enforcement, and possible recommendation for expulsion. ^	5-10 day suspension, parent conference, referral to law enforcement, and recommendation for expulsion. ^

(2) Possessed, sold, threatened the use of, or otherwise furnished any FIREARM of any kind on school grounds or at school functions. These weapons include, but are not limited to pistols, revolvers, rifles and shotguns. (BP# 3311; MCA 45-5-623; 45-8-316, 328, 334, 335)

1ST OFFENSE

Confiscation of device(s), 10 day suspension, parent conference and possible recommendation for expulsion for up to 180 days. Referral to law enforcement. Parent/student liable for damages. ^

(3) Possessed, sold, threatened the use of, or otherwise furnished any KNIFE, EXPLOSIVE OR OTHER DANGEROUS OBJECT used as a weapon or that could be used as a weapon unless, in the case of any object of this type, the pupil had obtained written permission to possess the item from a certified school designee of the principal. (BP#3311; MCA 45-8-334, 335, 361)

OFFENSE	1ST OFFENSE
3.1 Explosives	Due to the potential seriousness of these offenses, infractions will result in immediate confiscation of the device(s) and may result in suspension or possible recommendation for expulsion up to 180 days/placement in the Alternative to Expulsion program. Parent conference and referral to law enforcement.
3.2 Weapons (including knives and objects used as weapons or that could be used as weapons).	Due to the potential seriousness of these offenses, infractions will result in immediate confiscation of the device(s) and may result in suspension or possible recommendation for expulsion up to 180 days/placement in the Alternative to Expulsion program. Parent conference and referral to law enforcement.

OFFENSE	1ST OFFENSE	2ND OFFENSE/ADDITIONAL OFFENSES
4.1 Under the influence of any alcoholic beverage or illegal drugs.	5-10 day suspension and parent conference. Referral to law enforcement. Possible recommendation for expulsion up to 90 days/placement in the Alternative to Expulsion program. Additional interventions as assigned. ^	10 day suspension and parent conference. Referral to law enforcement. Possible recommendation for expulsion up to 180 days/placement in the Alternative to Expulsion program. Additional interventions as assigned. ^
4.2 In possession of any alcoholic beverage or illegal drugs.(MCA 45-5-624; 45-9-102, 121)	5-10 day suspension and parent conference. Referral to law enforcement. Possible recommendation for expulsion up to 90 days/placement in the Alternative to Expulsion program. Additional interventions as assigned. ^	10 day suspension and parent conference. Referral to law enforcement. Recommendation for expulsion up to 180 days/placement in the Alternative to Expulsion program. Additional interventions as assigned. ^
4.3 To distribute, receive, or engage in any transaction involving the exchange of drugs or alcohol; or of an item represented to be drugs or alcohol; or the intent to distribute or receive any drugs or alcohol or any item represented to be drugs or alcohol. (MCA 45-5-622, 623, 624; 45-9-102, 121)	5-10 day suspension and parent conference. Referral to law enforcement. Recommendation for expulsion up to 180 days/placement in the Alternative to Expulsion program. Additional interventions as assigned. ^	10 day suspension and parent conference. Referral to law enforcement. Recommendation for expulsion up to 180 days/placement in the Alternative to Expulsion program. Additional interventions as assigned. ^

(5) Eliminated on 9/10/2021 and combined with 4.3

(6) Had unlawful possession of, or unlawfully offered, arranged, or negotiated to sell any DRUG PARAPHERNALIA, as defined by MCA 45-10-103. (BP#8124; MCA 45-5-101-105)

1ST OFFENSE	2ND OFFENSE/ADDITIONAL OFFENSES
Confiscation of device(s). 5-10 day suspension. Parent conference and referral to law enforcement. Possible recommendation for expulsion up to 90 days/placement in the Alternative to Expulsion program. Additional interventions as assigned. ^	Confiscation. 5-10 day suspension. Parent conference and referral to law enforcement. Possible recommendation for expulsion up to 180 days/placement in the Alternative to Expulsion program. Additional interventions as assigned. ^

1ST OFFENSE	2ND OFFENSE	ADDITIONAL OFFENSES
1-3 day suspension, parent notification, and referral to law enforcement. Additional interventions as assigned.	3-5 day suspension, parent notification, and referral to law enforcement. Additional interventions as assigned.	5 day suspension, parent conference, and referral to law enforcement. Additional interventions as assigned.

(8) Caused or attempted to cause DAMAGE TO SCHOOL PROPERTY OR PRIVATE PROPERTY [crime against property including, but not limited to, arson and vandalism] (BP# 3260, 9321, 8124; MCA 45-6-101, 102, 103)

Due to the breadth of infractions in this category, site administration may use alternative discipline programs to intervene. Recommended referral to law enforcement and/or fire marshal. Due to the potential seriousness of these offenses, infractions of this rule may result in suspension, recommendation for expulsion/placement in the Alternative to Expulsion program.

OFFENSE	1ST OFFENSE	2ND OFFENSE	ADDITIONAL OFFENSES
8.1 Arson-Lighting a fire on school property.	1-10 day suspension and parent conference. Referral to law enforcement, restitution, possible recommendation for expulsion for up to 45 days/placement in the Alternative to Expulsion program. ^	10 day suspension and parent conference. Referral to law enforcement, restitution, and recommendation for expulsion for up to 90 days/placement in the Alternative to Expulsion program. ^	10 day suspension and parent conference. Referral to law enforcement, restitution, and recommendation for expulsion for up to 180 days/placement in the Alternative to Expulsion program. ^
8.2 Vandalism-Willful damage to, or destruction or defacement of, school property or personal property of other students or adults.	Zero period-3 day suspension and parent conference. Referral to law enforcement, restitution, and possible recommendation for expulsion for up to 45 days/placement in the Alternative to Expulsion program. ^	3-5 day suspension and parent conference. Referral to law enforcement, restitution, and possible recommendation for expulsion for up to 90 days/ placement in the Alternative to Expulsion program. ^	5-10 day suspension and parent conference. Referral to law enforcement, restitution, and recommendation for expulsion for up to 180 days/placement in the Alternative to Expulsion program. ^

(9) Stole or attempted to STEAL SCHOOL PROPERTY OR PRIVATE PROPERTY (BP#3240, 8421; MCA 45-6-301, 302) Due to the potential seriousness of this offense, infractions may result in 10 day suspension, recommendation for expulsion/placement in the Alternative to Expulsion program, and referral to law enforcement.

1ST OFFENSE	2ND OFFENSE	ADDITIONAL OFFENSES
Zero period-2 day suspension, restitution, and parent conference. Possible referral to law enforcement.	3-5 day suspension, restitution, and parent conference. Referral to law enforcement.	5-10 day suspension, restitution, and parent conference. Referral to law enforcement . Recommendation for expulsion for up to 90 days/placement in the Alternative to Expulsion program.

(10) Committed or attempted to commit ROBBERY OR EXTORTION [crime against a person] (BP# 3240; MCA 45-5-401)

1ST OFFENSE	2ND OFFENSE
5-10 day suspension, parent conference, and restitution. Referral to law enforcement. Possible recommendation for expulsion for up to 90 days/ placement in the Alternative to Expulsion program. ^	10 day suspension, parent conference, and restitution. Referral to law enforcement. Recommendation for expulsion for up to 180 days/placement in the Alternative to Expulsion program. ^

(11) Knowingly RECEIVED STOLEN SCHOOL PROPERTY or private property (BP# 3240, 8421, 9321; MCA 45-6-301, 302)

1ST OFFENSE	2ND OFFENSE	ADDITIONAL OFFENSES
Zero period-2 day suspension, restitution, and parent conference. Possible referral to law enforcement.	3-5 day suspension, restitution, and parent conference. Referral to law enforcement.	5-10 day suspension, restitution, and parent conference. Referral to law enforcement.

(12) DISRUPTED SCHOOL ACTIVITIES or otherwise WILLFULLY DISOBEYED THE VALID AUTHORITY of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties (BP# 3200, 3240, 4313; MCA45-8-101)

OFFENSE	1ST OFFENSE	2ND OFFENSE	ADDITIONAL OFFENSES
12.1 False fire/emergency alarm.	1-3 day suspension, restitution, and parent conference. Referral to law enforcement. ^	3-5 day suspension, restitution, and parent conference. Referral to law enforcement. ^	5-10 day suspension, restitution, and parent conference. Referral to law enforcement. ^
12.2 Refusal to comply with directives despite being given adequate opportunity to do so; gambling, disrupting school activities, failure to follow directions. (MCA 45-8-101)	Zero period-1 day suspension and parent notification.	2 day suspension and parent notification.	3-10 day suspension and parent conference.
12.3 Unauthorized use of cell phone.	Confiscation of devise, and parent must pick up the device from administrator.	Detention(s) or 1 day suspension, confiscation of devise, and parent must pick up the device from administrator. Possible confiscation until year end.	1-3 day suspension, confiscation of devise, and parent must pick up the device from administrator. Possible confiscation until year end.
12.4 Possession of disruptive devices (beepers, pagers, unapproved electronic devices, or other nuisance items). (MCA 45-8-101)	Confiscate device and parent must pick up the device from administrator. Possible confiscation until year end.	Detention(s) or 1 day suspension, confiscation of device, and parent must pick up the device from administrator. Possible confiscation until year end.	Saturday School or 1-3 day suspension, confiscation of device, and parent must pick up the device from administrator. Possible confiscation until year end.
12.6 Refusal to cooperate in an investigation and/or impeding an investigation	1–3 day suspension and parent notification. Possible referral to law enforcement.	3-5 day suspension and parent conference. Possible referral to law enforcement.	5-10 day suspension and parent conference. Referral to law enforcement and recommendation for expulsion for up to 180 days/placement in the Alternative to Expulsion Program. ^

(13) Committed an obscene act or engaged in PROFANITY OR VULGARITY. (BP# 3220, 3222, 3240, 8124)

OFFENSE	1ST OFFENSE	2ND OFFENSE	ADDITIONAL OFFENSES
13.1 Profanity/Unacceptable language. (MCA 45-8-101)	Zero period-1 day suspension and parent notification.	1-3 days suspension and parent notification.	3-5 days suspension and parent conference.
13.2 Profanity, obscene acts or gestures toward STAFF, habitual profanity. (MCA 45-8-101)	1-3 day suspension and parent notification. Possible referral to law enforcement.	4 day suspension and required parent conference. Possible referral to law enforcement.	5 day suspension and parent conference. Referral to law enforcement.
13.3 Obscene gestures or unsanitary acts. (MCA 45-8-101, 45-5-504)	1-3 day suspension and parent notification or conference.	3-5 day suspension and parent conference.	5-10 day suspension and parent conference. Possible referral to law enforcement.
13.4 Lewd Acts (MCA 45-8-201)	1-3 day suspension and parent notification or conference; possible referral to law enforcement and DPHHS	3-5 day suspension and parent conference; possible referral to law enforcement and DPHHS	5-10 day suspension and parent conference; referral to law enforcement and possible citation by law enforcement; possible recommendation for expulsion up to 180 days/placement in Alternative to Expulsion program

(14) ATTENDANCE RELATED offenses. (BP# 3122, 3123, 3200)

OFFENSE

1ST OFFENSE

2ND OFFENSE

3RD OFFENSE

14.1 Attendance Violation.

Teacher assigned detention, zero period-1 day suspension.

1-3 days suspension. Attendance letters, parent conference, detention, and suspension. (See BP#3122)

Citation by law enforcement, possible recommendation for expulsion up to 45 days/placement in Alternative to Expulsion program. Possible referral to Truancy Council.

3-5 days suspension. Attendance letters, parent conference, (See BP#3122) citation by law enforcement, and possible recommendation for expulsion for up to 90 days/placement in Alternative to Expulsion program. Possible referral to Truancy Council.

14.2 Closed campus policy violation.

1-3 day suspension and parent notification.

4 day suspension and parent conference.

5 day suspension and parent conference.

(15) Unauthorized making, duplicating or possession of a KEY TO A PUBLIC BUILDING. (BP# 8421; MCA 45-6-205)

1ST OFFENSE	2ND OFFENSE
3-10 day suspension, parent conference, and restitution. Possible recommendation for expulsion for up to 90 days/placement in the Alternative to Expulsion program.	5-10 day suspension, parent conference, and restitution. Recommendation for expulsion for up to 180 days/placement in the Alternative to Expulsion program.

(16) ACTS OF DECEPTION. (MCA 45-6-325; 45-7-205, 302)

OFFENSE	1ST OFFENSE	2ND OFFENSE	ADDITIONAL OFFENSES
16.1 Lying or presenting false information.	1-5 day suspension and parent notification.	2-5 day suspension and parent notification.	5 day suspension and parent conference.
16.2 Academic Dishonesty: Cheating and Plagiarism.	Zero period-1 day suspension. Parent conference and recording of incident in disciplinary file.	1-3 days suspension, parent conference, recording of incident in disciplinary file, and possible loss of credit for assignment/class.	3-5 days suspension, parent conference, recording of incident in disciplinary file, and possible loss of credit for assignment/class.

(17) Presence in UNAUTHORIZED AREAS; parking lots and other out of boundary areas.

1ST OFFENSE	2ND OFFENSE	ADDITIONAL OFFENSES
Detention(s) or 1 day suspension; and parent notification.	Saturday School or 1-3 day suspension; and parent notification. Possible referral to law enforcement.	3-5 day suspension and parent conference. Referral to law enforcement.

(18) Violation of SCHOOL DRESS CODE. (BP#3224)

1ST OFFENSE	2ND OFFENSE	ADDITIONAL OFFENSES
Change clothes, possible zero period, and parent notification.	Change clothes, 1 day suspension, and parent notification.	Change clothes, 2 day suspension, and parent notification.

(19) Failure to serve SCHOOL DETENTION PROGRAM.

1ST OFFENSE	2ND OFFENSE	ADDITIONAL OFFENSES
3-5 lunch detentions or 1 day suspension and parent notification.	1-2 day suspension, combination suspension/lunch detentions, and parent notification.	3-5 day suspension and parent notification.

(20) Failure to serve ISS.

1ST OFFENSE	2ND OFFENSE	ADDITIONAL OFFENSES
1 day additional suspension (reverts to original day of suspension when appropriate) and parent notification.	2 day additional suspension or reverts to original days of suspension. Parent notification.	4 day additional suspension and parent conference.

(21) Misuse of the INTERNET. (BP# 8422; MCA 45-6-311)

1ST OFFENSE	2ND OFFENSE	ADDITIONAL OFFENSES
Loss of school computer privileges, parent notification, and restitution.	1-3 day suspension, parent conference, banned from school computer use, and restitution. Possible referral to law enforcement.	5-10 day suspension, parent conference, banned from school computer use, and restitution. Possible referral to law enforcement.

(22) BULLYING, HARASSMENT, INTIMIDATI0N, HAZING, AND SEXUAL HARASSMENT. (BP#3226, 5012; MCA 45-5-203, 220, 221)

Bystanders who by their presence and/or actions encourage bullying, harassment, intimidation, hazing and/or sexual harassment are subject to disciplinary action as outlined in 22.1 and 22.2. Students who retaliate against another student for reporting the above mentioned behaviors are also subject to disciplinary action outlined in 22.1 and 22.2.

Due to the potential seriousness of these offenses and the requirements of the sexual harassment section of the Montana Education Code, any infraction of this rule may result in suspension and/or recommendation for expulsion/placement in the Alternative to Expulsion program. As per District Policy #3210, the District will make equal educational opportunities available for all students without regard to race, creed, religion, gender, sexual orientation, marital status, color, age, physical or mental disability, national origin, or political beliefs.

OFFENSE

1ST OFFENSE

2ND OFFENSE

ADDITIONAL OFFENSES

22.1 Harassment/Intimidation/

H Hostile Environment Remarks and/or actions directed toward a student or staff member designed to demean, intimidate, embarrass, tease/taunt, exclude, or humiliate that is sufficiently severe to have a negative impact upon the individual’s academic performance or ability to access instruction; or to create an intimidating, hostile, or offensive education environment. Includes targeted sexualized behavior, remarks, or actions and/or any harassment or aggressive conduct on the basis of race, color, national origin, ancestry, sex, ethnicity, language barrier, religious belief, gender, gender presentation, sexual orientation, disability, economic or social condition, actual or potential marital or parental status. Can be physical, verbal or electronic.

Zero period-1day suspension and parent contact. Possible additional interventions as assigned.

1-2 days suspension and parent conference. Additional interventions as assigned.

3-10 days suspension and parent conference. Possible recommendation for expulsion up to 90 days/placement in Alternative to Expulsion program. Additional interventions as assigned.

22.2 Inappropriate display of affection.

Possible zero period and call to parents.

Zero period -1 day suspension and parent conference.

1-3 days suspension and parent conference.

The following is an explanation of the symbols and abbreviations used throughout this document:

BP# = Bozeman Policy Number

MCA = Montana Code Annotated

^ = Social Probation. Prohibited from attending any non-mandatory school function, activity, or event during the suspension and/or contract period, including graduation ceremonies/activities.

Revised: 4/13/2005, 7/01/2006, 8/1/2011, 7/1/2012, 05/23/2013, 2/05/2014, 7/01/2015, 2/01/2016,

5/12/2016, 5/24/2017, 12/28/2017, 6/01/2018, 7/25/2018, 4/30/2021, 9/10/2021, 1/12/2022, 6/12/2023

Bozeman Public Schools

STUDENTS

Procedure 3310P3

HIGH SCHOOL - GROUNDS FOR SUSPENSION AND EXPULSION

Montana Education Code 20-4-402 and Bozeman Board Policy 6110 allows the superintendent, designee and/or principal of a school to suspend, or recommend for expulsion, a student for any infraction of the following rules while on school grounds, going to or coming from school, during the lunch period whether on or off the campus, or during, or while going to or coming from, a school sponsored activity. The designated consequences for each occurrence (1st offense, 2nd offense, additional offenses) are guidelines followed by 9-12 schools. Bridger Charter Academy may have additional or modified consequences. However, any of the listed offenses, when the conduct is of an extreme nature, may result in a suspension of up to 10 days or a recommendation for expulsion/placement in the Alternative to Expulsion program for the first or second offense. This list is not intended to be either inclusive or conclusive. Administrators reserve the right to modify consequences at their discretion pending determination of special circumstances. Students with significant chronic behaviors may be recommended for expulsion/placement in the Alternative to Expulsion program.

(1) Caused, attempted to cause, or threatened to cause UNWANTED PHYSICAL CONTACT/PHYSICAL INJURY to another person (BP# 3240). Students who by their presence and/or actions encourage disruption, fights, or physical injury (as outlined in 1.1 - 1.4) are also subject to disciplinary action.

OFFENSE	1ST OFFENSE	2ND OFFENSE	ADDITIONAL OFFENSES
1.1 Willful Disregard for the safety of others or self. (MCA 45-5-207)	1-3 day suspension and parent notification.	3-5 day suspension and parent notification.	5 day suspension and parent conference.
1.2 Abusive, threatening, willfully defiant, gang-related behavior or verbal/physical altercation. (MCA 45-8-101) Typically this is a mutually joined altercation or conflict between students.	1-3 day suspension and parent notification. Possible mediation. ^	5 day suspension and parent notification. ^	5 day suspension and parent conference. Referral to law enforcement. Possible placement in the Alternative to Expulsion program. ^
1.3 Fighting and/or inciting a fight. (MCA 45-8-101) Typically this is a mutually joined altercation or conflict between students.	3-5 day suspension and parent notification. Possible mediation and referral to law enforcement. Additional interventions as assigned. ^	5-10 day suspension, parent conference, and referral to law enforcement. Mediation as appropriate. Possible recommendation for expulsion.	5-10 day suspension, parent conference, and referral to law enforcement. Mediation as appropriate. Possible recommendation for expulsion.
1.4 Assault. (MCA 45-5-201, 202, 206, 207, 208, 210, 211, 212, 213, 214); Sexual Assault. (MCA 45-5-502)	5-10 day suspension, parent conference, referral to law enforcement, and possible recommendation for expulsion. ^	5-10 day suspension, parent conference, referral to law enforcement, and possible recommendation for expulsion. ^	5-10 day suspension, parent conference, referral to law enforcement, and recommendation for expulsion. ^
1.5 Inflict, threaten to inflict, or attempt to inflict violence or physical harm against a student, teacher, administrator or other school personnel based upon the person’s race, color, national origin, ancestry, sex, ethnicity, language barrier, religious belief, physical or mental handicap or disability, economic or social condition, actual or potential marital or parental status, gender, or sexual orientation. (BP# 3210, 3226, 3310, 20-5-201, 20-5—209, 49-2-307, MCA)	5-10 day suspension, parent conference, referral to law enforcement, and possible recommendation for expulsion. ^	5-10 day suspension, parent conference, referral to law enforcement, and possible recommendation for expulsion. ^	5-10 day suspension, parent conference, referral to law enforcement, and recommendation for expulsion. ^

(2) Possessed, sold, threatened the use of, or otherwise furnished any FIREARM of any kind on school grounds or at school functions. (BP# 3311; MCA 45-5-623; 45-8-316, 328, 334, 335)

1ST OFFENSE

Confiscation of device(s), 10 day suspension, parent conference, and recommendation for expulsion up to 180 days. Referral to law enforcement. Parent/student liable for damages. ^

OFFENSE	1ST OFFENSE
3.1 Explosives.	Due to the potential seriousness of these offenses, infractions will result in immediate confiscation of the device(s) and may result in suspension or possible recommendation for expulsion up to 180 days/placement in the Alternative to Expulsion program. Parent conference and referral to law enforcement.
3.2 Weapons (including knives and objects used as weapons or that could be used as weapons).	Due to the potential seriousness of these offenses, infractions will result in immediate confiscation of the device(s) and may result in suspension or possible recommendation for expulsion up to 180 days/placement in the Alternative to Expulsion program. Parent conference and referral to law enforcement.

OFFENSE	1ST OFFENSE	2ND OFFENSE	ADDITIONAL OFFENSES
4.1 Under the influence of any alcoholic beverage or illegal drugs.	5-10 day suspension and parent conference. Referral to law enforcement. Possible recommendation for expulsion up to 90 days/placement in the Alternative to Expulsion program. Additional interventions as assigned. ^	10 day suspension and parent conference. Referral to law enforcement. Possible recommendation for expulsion up to 90 days/placement in the Alternative to Expulsion program. Additional interventions as assigned. ^	10 day suspension and parent conference. Referral to law enforcement. Possible recommendation for expulsion up to 180 days/placement in the Alternative to Expulsion program. Additional interventions as assigned. ^
4.2 In possession of any alcoholic beverage or illegal drugs.(MCA 45-5-624; 45-9-102, 121)	5-10 day suspension, parent conference, and referral to law enforcement. Possible recommendation for expulsion up to 90 days/placement in the Alternative to Expulsion program. Additional interventions as assigned. ^	10 day suspension, parent conference, and referral to law enforcement. Possible recommendation for expulsion up to 90 days/placement in the Alternative to Expulsion program. Additional interventions as assigned. ^	10 day suspension, parent conference, and referral to law enforcement. Possible recommendation for expulsion up to 180 days/placement in the Alternative to Expulsion program. Additional interventions as assigned. ^
4.3 To distribute, receive, or engage in any transaction involving the exchange of drugs or alcohol; or of an item represented to be drugs or alcohol; or the intent to distribute or receive any drugs or alcohol or any item represented to be drugs or alcohol. (MCA 45-5-622, 623, 624; 45-9-102, 121)	5-10 day suspension, parent conference, and referral to law enforcement. Recommendation for expulsion up to 180 days/placement in the Alternative to Expulsion program. Additional interventions as assigned. ^	10 day suspension, parent conference, and referral to law enforcement. Recommendation for expulsion up to 180 days/placement in the Alternative to Expulsion program. Additional interventions as assigned. ^	10 day suspension, parent conference, and referral to law enforcement. Possible recommendation for expulsion up to 180 days/placement in the Alternative to Expulsion program. Additional interventions as assigned. ^

(5) Eliminated on 9/10/2021 and combined with 4.3

(6) Had unlawful possession of, or unlawfully offered, arranged, or negotiated to sell any DRUG PARAPHERNALIA, as defined by MCA 45-10-103. (BP#8124; MCA 45-5-101-105)

1ST OFFENSE	ADDITIONAL OFFENSES
Confiscation of device(s), 5-10 day suspension, parent notification/conference, and referral to law enforcement. Possible recommendation for expulsion up to 90 days/placement in the Alternative to Expulsion program. Additional interventions as assigned. ^	Confiscation. 5-10 day suspension, parent notification/conference, and referral to law enforcement. Possible recommendation for expulsion up to 180 days/placement in the Alternative to Expulsion program. Additional interventions as assigned. ^

1ST OFFENSE	2ND OFFENSE	ADDITIONAL OFFENSES
1-3 day suspension, parent notification, and referral to law enforcement. Additional interventions as assigned.	3-5 day suspension, parent notification, and referral to law enforcement. Additional interventions as assigned.	5 day suspension, parent conference, and referral to law enforcement. Additional interventions as assigned.

(8) Caused or attempted to cause DAMAGE TO SCHOOL PROPERTY OR PRIVATE PROPERTY [crime against property including, but not limited to, arson and vandalism]. (BP# 3260, 9321, 8124; MCA 45-6-101, 102, 103)

Due to the breadth of infractions in this category, site administration may use alternative discipline programs to intervene. Recommended referral to law enforcement and/or fire marshal. Due to the potential seriousness of these offenses, infractions of this rule may result in suspension, or recommendation for expulsion/placement in the Alternative to Expulsion Program.

OFFENSE	1ST OFFENSE	2ND OFFENSE	ADDITIONAL OFFENSES
8.1 Arson-Lighting a fire on school property.	1-10 day suspension and parent conference. Referral to law enforcement, restitution, and possible recommendation for expulsion up to 180 days/placement in Alternative to Expulsion program. ^	10 day suspension and parent conference. Referral to law enforcement, restitution, possible recommendation for expulsion up to 180 days/placement in Alternative to Expulsion program. ^	10 day suspension and parent conference. Referral to law enforcement, restitution, and recommendation for expulsion up to 180 days/placement in the Alternative to Expulsion program. ^
8.2 Vandalism-Willful damage to, or destruction or defacement of, school property or personal property of other students or adults.	1-10 day suspension and parent conference. Referral to law enforcement, restitution, and/or possible recommendation for expulsion up to 180 days/placement in Alternative to Expulsion program. ^	1-10 day suspension and parent conference. Referral to law enforcement, restitution, and/or possible recommendation for expulsion up to 180 days/placement in the Alternative to Expulsion program. ^	5-10 day suspension and parent conference. Referral to law enforcement, restitution, and/or recommendation for expulsion up to 180 days/ placement in the Alternative to Expulsion program. ^

(9) Stole or attempted to STEAL SCHOOL PROPERTY OR PRIVATE PROPERTY. (BP#3240, 8421; MCA 45-6-301, 302)

Due to the potential seriousness of this offense, infractions may result in 10 day suspension, recommendation for expulsion/placement in the Alternative to Expulsion program, and/or referral to law enforcement.

1ST OFFENSE	2ND OFFENSE	ADDITIONAL OFFENSES
2 day suspension, restitution, and parent conference. Possible referral to law enforcement.	3-5 day suspension, restitution, and parent conference. Referral to law enforcement.	5-10 day suspension, restitution, and parent conference. Referral to law enforcement. Recommendation for expulsion up to 180 days/placement in the Alternative to Expulsion program.

(10) Committed or attempted to commit ROBBERY OR EXTORTION [crime against a person]. (BP# 3240; MCA 45-5-401)

1ST OFFENSE	2ND OFFENSE
5-10 day suspension, parent conference, and restitution. Referral to law enforcement. Possible recommendation for expulsion up to 180 days/placement in the Alternative to Expulsion program. ^	10 day suspension, parent conference, and restitution. Referral to law enforcement Recommendation for expulsion up to 180 days/ placement in the Alternative to Expulsion program. ^

(11) Knowingly RECEIVED STOLEN SCHOOL PROPERTY or private property. (BP# 3240, 8421, 9321; MCA 45-6-301, 302)

1ST OFFENSE	2ND OFFENSE	ADDITIONAL OFFENSES
2 day suspension, restitution, and parent conference. Possible referral to law enforcement.	3 day suspension, restitution, and parent conference. Referral to law enforcement.	5-10 day suspension, restitution, and parent conference. Referral to law enforcement.

OFFENSE	1ST OFFENSE	2ND OFFENSE	ADDITIONAL OFFENSES
12.1 False fire/emergency alarm.	1-3 day suspension and parent conference. Referral to law enforcement. Restitution. ^	3-5 day suspension and parent conference. Referral to law enforcement. Restitution. ^	5-10 day suspension and parent conference. Referral to law enforcement. Restitution. ^
12.2 Refusal to comply with directives despite being given adequate opportunity to do so; gambling, disrupting school activities, failure to follow directions. (MCA 45-8-101)	1 day suspension and parent notification.	2 day suspension and parent notification.	3-10 day suspension and parent conference.
12.3 Unauthorized use of cell phone.	Confiscation of device, student must meet with and pick up from dean or administrator.	Confiscation of device, student is issued detention and parent must pick up the device from dean or administrator.	Confiscation of device, student is issued Saturday School and parent must pick up the device from dean or administrator.
12.4 Possession of disruptive devices (beepers, pagers, unapproved electronic devices, or other nuisance items). (MCA 45-8-101)	Confiscate device and parent must pick up the device from administrator. Possible confiscation until year end.	Detention(s) or 1 day suspension, confiscation of device, and parent must pick up the device from administrator. Possible confiscation until year end.	Saturday School or 1-3 day suspension. Confiscation of device and parent must pick up the device from administrator. Possible confiscation until year end.
12.6 Refusal to cooperate in an investigation and/or impeding an investigation	1–3 day suspension and parent notification. Possible referral to law enforcement.	3-5 day suspension and parent conference. Possible referral to law enforcement.	5-10 day suspension and parent conference. Referral to law enforcement and recommendation for expulsion for up to 180 days/placement in the Alternative to Expulsion program. ^

(13) Committed an obscene act or engaged in PROFANITY OR VULGARITY. (BP# 3220, 3222, 3240, 8124)

OFFENSE	1ST OFFENSE	2ND OFFENSE	ADDITIONAL OFFENSES
13.1 Profanity/Unacceptable language. (MCA 45-8-101)	Detention(s) or 1 day suspension; and parent notification.	1-3 day suspension and parent notification.	3-5 day suspension and parent conference.
13.2 Profanity, obscene acts or gestures toward STAFF, habitual profanity .(MCA 45-8-101)	3 day suspension and parent notification. Possible referral to law enforcement.	4 day suspension and required parent conference. Possible referral to law enforcement.	5 day suspension and parent conference. Referral to law enforcement.
13.3 Obscene gestures or unsanitary acts. (MCA 45-8-101, 45-5-504)	1-3 day suspension and parent notification or conference.	3-5 day suspension and parent conference.	5-10 day suspension and parent conference. Possible referral to law enforcement.
13.4 Lewd Acts (MCA 45-8-201)	1-3 day suspension and parent notification or conference; possible referral to law enforcement and DPHHS	3-5 day suspension and parent conference; possible referral to law enforcement and DPHHS	5-10 day suspension and parent conference; referral to law enforcement and possible citation by law enforcement; possible recommendation for expulsion up to 180 days/placement in Alternative to Expulsion program

(14) ATTENDANCE RELATED offenses. (BP# 3122, 3123, 3200)

OFFENSE

1ST OFFENSE

2ND OFFENSE

ADDITIONAL OFFENSES

14.1 Attendance Violation.

Teacher assigned consequences or detention; and/or 1 day suspension.

Attendance letters, parent conference, detention, suspension, and/or loss of credit (See BP#3122).

Citation by law enforcement, possible recommendation for expulsion up to 90 days/placement in Alternative to Expulsion program.

Attendance letters, parent conference, detention, suspension, and/or loss of credit (See BP#3122).

Citation by law enforcement, possible recommendation for expulsion up to 180 days/placement in Alternative to Expulsion program.

14.2 Closed campus policy violation.

1-3 day suspension and parent notification.

4 day suspension and parent conference.

5 day suspension and parent conference.

(15) Unauthorized making, duplicating or possession of a KEY TO A PUBLIC BUILDING. (BP# 8421; MCA 45-6-205)

1ST OFFENSE	2ND OFFENSE
3-10 day suspension, parent conference, and restitution. Possible recommendation for expulsion up to 90 days/placement in the Alternative to Expulsion program.	5-10 day suspension, parent conference, and restitution. Recommendation for expulsion up to 180 days/placement in the Alternative to Expulsion program.

(16) ACTS OF DECEPTION. (MCA 45-6-325; 45-7-205, 302)

OFFENSE	1ST OFFENSE	2ND OFFENSE	ADDITIONAL OFFENSES
16.1 Lying or presenting false information.	1-5 day suspension and parent notification.	2-5 day suspension and parent notification.	5 day suspension and parent conference.
16.2 Academic Dishonesty: Cheating and Plagiarism. (BP #3201)	Possible parent and administrative conference, suspension, and/or loss of credit (assignment or course).	Possible parent and administrative conference, suspension, and/or loss of credit (assignment or course).	Possible parent and administrative conference, suspension, and/or loss of credit (assignment or course).

(17) Presence in UNAUTHORIZED AREAS; parking lots and other out of boundary areas.

1ST OFFENSE	2ND OFFENSE	ADDITIONAL OFFENSES
Detention(s) or 1 day suspension; and parent notification.	Saturday School or 1-3 day suspension; and parent notification. Possible referral to law enforcement.	3-5 day suspension and parent conference. Referral to law enforcement.

(18) Violation of SCHOOL DRESS CODE. (BP#3224)

1ST OFFENSE	2ND OFFENSE	ADDITIONAL OFFENSES
Change clothes.	Change clothes, 1 day suspension, and parent notification.	Change clothes, 2 day suspension, and parent notification.

(19) Failure to serve SCHOOL DETENTION PROGRAM.

1ST OFFENSE	2ND OFFENSE	ADDITIONAL OFFENSES
1 day suspension and parent notification.	2 day suspension and parent notification.	4 day suspension and parent notification.

(20) Failure to serve ISS.

1ST OFFENSE	2ND OFFENSE	ADDITIONAL OFFENSES
1 day additional suspension (reverts to original day of suspension when appropriate) and parent notification.	2 day additional suspension or reverts to original days of suspension. Parent notification.	4 day additional suspension and parent conference.

(21) Misuse of the INTERNET. (BP# 8422; MCA 45-6-311)

1ST OFFENSE	2ND OFFENSE	ADDITIONAL OFFENSES
2 day suspension, parent notification, banned from school computer use, and restitution.	5 day suspension, parent conference, banned from school computer use, and restitution. Possible referral to law enforcement.	5-10 day suspension, parent conference, banned from school computer use, and restitution. Possible referral to law enforcement.

(22) BULLYING, HARASSMENT, INTIMIDATION, HAZING BEHAVIOR, AND SEXUAL HARASSMENT. (BP#3226, 5012; MCA 45-5-203, 220, 221) Bystanders, who by their presence and/or actions encourage bullying, harassment, intimidation, hazing, and/or sexual harassment are subject to disciplinary action as outlined in 22.1 and 22.2. Students who retaliate against another student for reporting the above mentioned behaviors are also subject to disciplinary action outlined in 22.1 and 22.2. As per District Policy #3210, the District will make equal educational opportunities available for all students without regard to race, creed, religion, gender, sexual orientation, marital status, color, age, physical or mental disability, national origin, or political beliefs.

OFFENSE

1ST OFFENSE

2ND OFFENSE

ADDITIONAL OFFENSES

22.1 Harassment/Intimidation/

Hostile Environment remarks and/or actions directed toward a student or staff member designed to demean, intimidate, embarrass, tease/taunt, exclude, or humiliate that is sufficiently severe to have a negative impact upon the individual’s academic performance or ability to access instruction; or to create an intimidating, hostile, or offensive education environment. Includes targeted sexualized behavior, remarks, or actions and/or any harassment or aggressive conduct on the basis of race, color, national origin, ancestry, sex, ethnicity, language barrier, religious belief, gender, gender presentation, sexual orientation, disability, economic or social condition, actual or potential marital or parental status. Can be physical, verbal or electronic.

Conference with administration; detention; 1-3 day suspension; and/or parent contact. Additional interventions as assigned.

Conference with administration; 3-10 day suspension and parent contact. Possible referral to law enforcement. Additional interventions as assigned.

3-10 days suspension, parent conference, and referral to law enforcement. Possible referral for expulsion up to 180 days/placement in Alternative to Expulsion program. Additional interventions as assigned.

22.2 Inappropriate display of affection.

Conference. Possible suspension and/or call to parents.

Conference. Possible suspension, and call to parents.

1-3 day suspension and parent conference.

The following is an explanation of the symbols and abbreviations used throughout this document:

BP# = Bozeman Policy Number

MCA = Montana Code Annotated

^ = Social Probation. Prohibited from attending any non-mandatory school function, activity, or event during the suspension and/or contract period, including graduation activities/ceremony.

Revised: 12/2000, 7/01/2006, 8/01/2011, 7/01/2012, 5/23/2013, 2/05/2014, 7/01/2015, 2/01/2016,

5/12/2016, 5/24/2017, 12/28/2017, 6/01/2018, 7/25/2018, 4/24/2019, 4/30/2021, 9/10/2021, 6/12/2023

Procedure 3310P4

Bozeman Public Schools R

STUDENTS

Policy 3311

Firearms And Weapons

Firearms

It is the policy of the Bozeman Public Schools District to comply with the federal Gun Free Schools Act of 1994 and Section 20-5-202 (2), MCA, pertaining to students who bring a firearm to, or possess a firearm at, any setting that is under the control and supervision of the school district.

The District does not allow students to possess firearms on District property or at any setting that is under the control and supervision of the District. In accordance with 20-5-202 (3), MCA, a teacher, superintendent, or a principal shall suspend immediately for good cause a student who is determined to have brought a firearm to, or possess a firearm at, any setting that is under the control and supervision of the school district. The Policy does not govern conduct in a student's home, a locked vehicle, a parking lot off of school property, or a commercial business when the student is participating in an online, remote, or distance-learning setting. In accordance with Montana law, a student who is determined to have brought a firearm to, or possess a firearm at, any setting that is under the control and supervision of the school district must be expelled from school for a period of not less than 1 year.

For the purposes of the firearms section of this policy, the term “firearm” means (A) any weapon (including a starter gun) 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; © 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).

However, the Board of Trustees through this policy authorizes the Superintendent, or principal of a school without a Superintendent, to use his/her discretion on a case-by-case basis and modify the requirement of expulsion of a student if he/she deems such modification to be warranted under the circumstances.

A decision to change the placement of a student with a disability who has been expelled pursuant to this section must be made in accordance with the Individuals with Disabilities Education Act.

Before holding a hearing to determine if a student has violated this Policy, the Board shall, in a clear and timely manner, notify the student if the student is an adult or notify the parent or guardian of a student if the student is a minor that the student may waive the student's privacy interest by requesting that the hearing be held in public and invite other individuals to attend the hearing.

Before expelling a student under this Policy, the Board shall hold a due process hearing that includes presentation of a summary of the information leading to the allegations and an opportunity for the student to respond to the allegations. The student may not be expelled unless the trustees find that the student knowingly, as defined in Section 1-1-204, MCA, brought a firearm to school or possessed a firearm at school.

When a student subject to a hearing is found to have not violated this Policy, the student's school record must be expunged of the incident.

The provisions of this Policy do not require the Board to expel a student who has brought a firearm to school or possesses a firearm at school if the firearm is secured in a locked container approved by the school district or in a locked motor vehicle the entire time the firearm is at school, except while the firearm is in use for a school-sanctioned instructional activity.

Possession of Weapons other than Firearms

The District does not allow students to possess other weapons on District property or at any setting that is under the control and supervision of the District. Any student found to have possessed, used or transferred a weapon on school property will be subject to discipline in accordance with the District’s discipline policy. For purposes of this section, “weapon” means any object, device, or instrument designed as a weapon or through its use is capable of threatening or producing bodily harm or which may be used to inflict self-injury, including but not limited to air guns; pellet guns; BB guns; fake (facsimile) weapons; all knives; blades; clubs; metal knuckles; numchucks (also known as 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.

No student shall possess, use, or distribute any object, device, or instrument having the appearance of a weapon, and such objects, devices, or instruments shall be treated as weapons, including but not limited to weapons listed above which are broken or non-functional, look-alike guns; toy guns; and any object that is a facsimile of a real weapon. No person shall use articles designed for other purposes (i.e., lasers or laser pointers, belts, combs, pencils, files, scissors, etc.) to inflict bodily harm and/or intimidate, and such use will be treated as the possession and use of a weapon.

Definitions, Exceptions and Referral to Law Enforcement

The District may refer to law enforcement for immediate prosecution any student who possesses, carries, or stores a weapon in a school building as specified in Section 45-8-361, MCA. In addition the District will refer for possible prosecution a parent or guardian of any minor violating this policy on grounds of allowing a minor to possess, carry, or store a weapon in a school building. For the purposes of this section of the 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.

The Board may grant persons and entities advance permission to possess, carry, or store a weapon in a school building All persons who wish to possess, carry, or store a weapon in a school building must request permission of the Board at a regular meeting. The Board has sole discretion in deciding whether to allow a person to possess, carry, or store a weapon in a school building.

This section does not apply to sworn law enforcement officers 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: 3310 Student Discipline

4332 Conduct of School Property

Legal Reference: § 20-5-202, MCA Suspension and expulsion

§ 45-8-361, MCA Possession or allowing possession of a weapon in a

school building

20 U.S.C. § 7151, et seq. Gun Free Schools Act of 1994

18 U.S.C. § 921 Definitions

ESEA, Section 4141 Gun Free Requirements

Policy History:

Adopted on: 11/14/1994

Revised on: 9/14/1998, 6/11/2007, 2/23/2009, 3/28/2011, 9/09/2013, 4/26/2016, 10/12/2020, 6/14/2021, 1/10/2022

Bozeman Public Schools

STUDENTS

Policy 3312

Detention

For minor infractions of school rules or regulations, or for minor misconduct, staff may detain students after school hours for not more than 45 minutes on one or more days. Students may be required to attend Saturday detention for up to four hours.

Preceding the assessment of such punishment, the staff member shall inform the student of the nature of the offense charged and of the specific conduct which allegedly constitutes the violation. The student shall be afforded an opportunity to explain or justify his/her actions to the staff member.

After-school detention shall not begin until the parent has been notified (except in the case of the adult student) for the purpose of informing him/her of the basis and reason for the detention and to permit him/her to make arrangements for the necessary transportation of the student when he/she has been detained after school hours for corrective action or punishment.

Students detained for corrective action or punishment shall be under the direct supervision of the staff member or another member of the professional staff.

The principal shall be responsible for seeing that the time which the student spends for corrective action or punishment shall be used constructively for educational purposes.

Policy History:

Adopted on: 1/24/1986

Revised on:

Bozeman Public Schools

STUDENTS

Policy 3315

Psychological Testing

No individual psychological or sociometric test shall be administered by or with the knowledge of any employee of this district without first advising the parents or guardians of the children concerned and obtaining their consent. This policy does not apply to tests which measure pupil academic ability or achievement. Failure of the parents or guardian to object, having been given the opportunity to inspect the test or equivalent sample items, shall be deemed consent.

Cross Reference: 2150 Suicide Awareness and Prevention

Policy History:

Adopted on: 11/24/1986

Revised on:

Bozeman Public Schools

STUDENTS

Policy 3320

Independent Education Evaluation

General Provisions

Rights and Definitions

A parent has the right to an Independent Educational Evaluation at public expense if the parent disagrees with an evaluation obtained by the school district. However, the school district may initiate a hearing under 34 CFR 300.507(a)(1) Impartial Due Process Hearing to show that its evaluation is appropriate. If the final decision of the hearing officer is that the evaluation is appropriate, the parent still has the right to an Independent Educational Evaluation (IEE), but not at public expense.

The Bozeman School District shall provide to parents, on request, information about where an Independent Educational Evaluation may be obtained.

For the purposes of this part:

Independent Educational Evaluation means an evaluation conducted by a qualified examiner who is not employed by the school district responsible for the education of the child in question.

Public expense means that the school district either pays for the full cost of the evaluation or ensures that the evaluation is otherwise provided at no cost to the parent, consistent with 34 CFR 300.17 Free Appropriate Public Education (FAPE).

Independent Evaluations at Parent Expense

If the parent obtains an Independent Educational Evaluation at private expense, the results of the evaluation:

Must be carefully considered by the school district in any decision made with respect to the provision of FAPE (Free & Appropriate Public Education) to the child; and

May be presented as evidence at a hearing under this subpart regarding that child.

Request for Evaluations by Hearing Officers

If a hearing officer requests an Independent Educational Evaluation as part of a hearing, the cost of the evaluation must be paid for by the school district, 34 CFR 300.502 (d) Requests for Evaluations by Hearing Officer.

Agency Criteria

Whenever an independent evaluation is at public expense, the criteria under which the evaluation is obtained, including the location of the evaluation and qualifications of the examiner, must be the same as the criteria which the public agency uses when it initiates an evaluation, 34 CFR 300.502 (e)(1) Independent Educational Evaluation.

Further the Analysis to the Final Regulations of Individual with Disabilities Act (IDEA)-B states that “School Districts should not be asked to bear the costs of unreasonably expensive independent evaluations.”

Policy History:

Adopted on: 12/08/1997

Revised on: 10/12/2020

Bozeman Public Schools

STUDENTS

Procedure 3320P

Independent Education Evaluation

Criteria and Procedures for conducting an IEE

In keeping with 34 CFR 300.502 (e) the District has established criteria and procedures to ensure that the cost of publicly funded Independent Educational Evaluation (IEE) is reasonable and is in keeping with the intent of IDEA regulations.

A parent must allow the district to complete its educational evaluation before the parent has a right to an IEE at public expense. A school district’s refusal to conduct an initial evaluation may result in the parent requesting a due process hearing.

Whenever an IEE is obtained at public expense the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner(s), will be the same as the criteria which the school district uses when it initiates an evaluation.

Criteria under which evaluation is obtained: The assessment shall address the criteria for identification of a student with a disability under the Administrative Rules of Montana 10.16.307-10.16.3022. For example, if the student is suspected of having a severe emotional disturbance, the IEE may include a general cognitive ability assessment, achievement of academic assessment and social/emotional behavior assessments. For a student suspected of having a hearing impairment, the IEE may include an audiological assessment and speech/language assessment.

Location of Evaluation: The assessment will be conducted within Bozeman School District No. 7.

Qualified Examiner(s): A school psychologist holding Montana State Class 6 Certification may conduct emotional, behavioral, psychoeducational and academic achievement assessments; a Montana certified special education teacher may conduct academic achievement assessments; a Montana State licensed speech/language pathologist, occupational therapist or physical therapist may conduct assessments in each of their respective fields. A licensed clinical psychologist may conduct an emotional/behavioral assessment.

The IEE examiner shall adhere to the testing procedures required of the school district including selecting tests (a) so as not to be racially or culturally discriminatory, (b) validated for the specific purpose for which they are used, and (c) tailored to assess specific areas of educational need. The examiner must also ensure that tests are (d) administered by trained personnel in conformance with instructions provided by their producers, and that (e) when a tests administered to a student with impaired sensory, manual or speaking skills, the test results accurately reflect the student’s aptitude, achievement, or performance level.

Upon parent request, the school district will provide a list of examiners within the specific geographic location who are qualified to conduct an IEE. The school district will also identify the criteria it uses when it initiates an evaluation.
The district reserves the right to limit fees charged for an IEE to reasonable, customary, prevailing rates within the geographical location, evaluator’s credentials, the unique needs of the child, up to a 33% mark-up over Montana Medicaid evaluation rates.

A parent must be given the opportunity to demonstrate exceptional circumstances that would justify any deviation from these criteria.

Policy History:

Adopted on:

Revised on:

Bozeman Public Schools

STUDENTS

Policy 3330

Use of Alcohol-Sensor Device

Students are prohibited by Montana law and District policy from using or possessing alcoholic beverages. It is District policy to deter use or possession of alcoholic beverages by students on District property or at school-sponsored or related activities or events, through use of an alcohol-sensor device.

Anytime the Superintendent, another administrator, or a teacher has reasonable suspicion that a student has consumed an alcoholic beverage, the student will be given an opportunity to admit or deny consumption of alcohol. If the student admits consumption of alcohol, appropriate disciplinary action will be taken under applicable District policies and student handbook provisions, including potential restriction of or exclusion from participation in extra- and co-curricular activities.

If the student denies consumption of alcohol, the Superintendent or another District employee designated by the Superintendent may utilize an alcohol-sensor device to either confirm alcohol consumption or eliminate the suspicion. Confirmation of alcohol consumption will result in appropriate disciplinary action under applicable District policies and student handbook provisions, including potential restriction of participation in or exclusion from extra- and co-curricular activities.

If the student refuses to submit to testing for the presence of alcohol, the District may rely upon other evidence of alcohol consumption in determining whether District policy has been violated.

Cross Reference: 1312 Administrative Procedures

3300-3300P Suspension and Expulsion - Corrective Actions and Punishment

3310-3310P Student Discipline

3340 Extra- and Co-Curricular Alcohol, Drug, and Tobacco Use

Legal Reference: § 20-5-201, MCA Duties and sanctions

§ 45-5-624, MCA Unlawful attempt to purchase or possession of intoxicating substance – interference with sentence or court order

Policy History:

Adopted on: 10/12/2020

Revised on:

Bozeman Public Schools

STUDENTS

Policy 3340

Extra- and Co-Curricular Alcohol, Drug, and Tobacco Use

The District views participation in extracurricular activities as an opportunity extended to students willing to make a commitment to adhere to the rules which govern them. The District believes that participation in organized activities can contribute to all-around development of young men and women and that implementation of these rules will serve these purposes:

Emphasize concern for the health and well-being of students while participating in activities;

Provide a chemical-free environment which will encourage healthy development;

Diminish chemical use by providing an education assistance program;

Promote a sense of self-discipline among students;

Confirm and support existing state laws which prohibit use of mood-altering chemicals;

Emphasize standards of conduct for those students who, through their participation, are leaders and role models for their peers and younger students; and

Assist students who desire to resist peer pressure that often directs them toward the use of chemicals.

Violations of established rules and regulations governing chemical use by participants in extra- and co-curricular activities will result in discipline as stated in student and athletic handbooks.

PROHIBITED ACTIVITIES

A student shall not use, have in possession, sell or distribute alcohol, drug paraphernalia, or illegal drugs at any time.
A student shall not abuse prescription, non‑prescription drugs, pharmaceuticals or use dangerous substances. This policy is not intended to apply to the use of prescribed drugs, under a doctor’s supervision, when those drugs are used in the prescribed manner.
A student shall not use, have in possession, sell or distribute tobacco, nicotine and any other tobacco innovation in any form at any time.

APPLICATION

This policy applies to all middle school students who are involved in extracurricular activities that are supported by the district and high school students who are involved in the MHSA-sanctioned extracurricular activities program. This policy is in effect each school year from the date of the first practice for Fall activities (August) until the last day of school (June). For purposes of determining the appropriate discipline, violations are cumulative and will carry forward from year to year throughout the student’s period of attendance while in middle and high school. Similarly, violations are cumulative and will carry forward from year to year throughout the student’s period of attendance while in high school. A student will be disciplined according to this policy and any other applicable District and School policies for violations that occur during the school year regardless of whether the violation occurred during the student’s activity season or not.

DISCIPLINE

A school staff member can be made aware of the violation of this alcohol/drug/tobacco policy by any source (but not limited to) police, school personnel, counselors, coaches, advisors, community members, parents and other students.

PENALTIES FOR DRUG AND ALCOHOL VIOLATIONS

First Violation - Drug or Alcohol

A meeting with the student, parents, coach/sponsor, school administrator and appropriate school staff. The purpose of the meeting will be to offer help to the student;
Exclusion from participation in competitions for the activity for a minimum of 14 calendar days. The period of exclusion may be extended to reflect the severity of the offense or additional factors related to the offense;

Student will be encouraged to enroll and participate in chemical awareness class approved by the District;
The student may or may not be allowed to participate in practices in the current season;
The student may be subject to further disciplinary proceedings including expulsion and referral to law enforcement.

Second Violation - Drug or Alcohol

A meeting with the student, parents, coach/sponsor, school administrator and appropriate school staff. The purpose of the meeting will be to offer help to the student;
Exclusion from competition for the current activities season. The period of exclusion may be extended to reflect the severity of the offense or additional factors related to the offense.
Students must enroll and participate in a chemical awareness class approved by the District before they will be eligible to participate in further activities;
The student may or may not be allowed to participate in practices in the current season;
The student may be subject to further disciplinary proceedings including expulsion and referral to law enforcement.

PENALTIES FOR TOBACCO OR NICOTINE VIOLATIONS

First Violation - Tobacco, Nicotine or Any Other Tobacco Innovation

A meeting with the student, parents, coach/sponsor, school administrator and appropriate school staff. The purpose of the meeting will be to offer help to the student;
Exclusion from participation in competitions for the activity for 14 calendar days. The period of exclusion may be extended or modified to reflect the severity of the offense or additional factors related to the offense;
Students will be encouraged to enroll and participate in a tobacco awareness class approved by the District, provided that such a class is available, before they will be eligible to participate in further activities;
The student will be allowed to participate in practices;
The student may be referred to law enforcement for citation if appropriate. The student may also be subject to further disciplinary proceedings including expulsion.

Second Violation - Tobacco, Nicotine or Any Other Tobacco Innovation

A meeting with the student, parents, coach/sponsor, school administrator and appropriate school staff. The purpose of the meeting will be to offer help to the student;
Exclusion from participation in competitions for the activity for the remaining activity season. The period of exclusion may be extended or modified to reflect the severity of the offense or additional factors related to the offense;
Students must enroll and participate in a tobacco awareness class approved by the District, provided that such a class is available, before they will be eligible to participate in the current or next extracurricular activities season;
The student may or may not be allowed to participate in practices in the current season;
The student may be referred to law enforcement for citation if appropriate. The student may also be subject to further disciplinary proceedings including expulsion.

THIRD VIOLATION FOR ALL PROHIBITED ACTIVITIES

Any student who has a third violation of this policy for any activity or any combination of prohibited activities, shall receive the following consequences:

Meeting with the student, parents, coach/sponsor, school administrator and appropriate school staff. The purpose of the meeting will be to offer help to the student;
Student will be prohibited from participation in practice and competition in school extra‑curricular activities (as defined in this policy) for 12 consecutive months from the time the third violation is verified;
Referral for professional help;
The student may be subject to further disciplinary proceedings including expulsion and referral to law enforcement.

END OF/OUT OF SEASON VIOLATIONS

In the event a student violates this policy at the end of a current activities season or out of the student’s activity season, the coach or administration has the discretion to continue the discipline into the student’s following activities season by restricting participation in competitions for up to five games/events. This provision cannot be imposed beyond 12 months of the date of the infraction. This discretion will take into consideration the severity of violation by the student and whether or not the student has any prior violations.

STUDENT COOPERATION

All students subjected to this policy are expected to cooperate, with honesty and integrity, with administrators, staff and coaches who may be investigating violations of this policy. Refusal to cooperate in an investigation and/or impeding an investigation will result in disciplinary consequences.

If a student is found to have violated this policy, the student, parent, guardian or care-taker relative will be notified by a school administrator. The administrator will provide notice of the type of discipline to be administered or recommended.

IF THE STUDENT IS REFERRED TO THE BOARD OF TRUSTEES FOR EXPULSION OR OTHER DISCIPLINARY ACTION, THE STUDENT SHALL BE PROHIBITED FROM ANY PARTICIPATION IN EXTRA‑CURRICULAR ACTIVITIES UNTIL OR UNLESS THE BOARD OF TRUSTEES DETERMINES OTHERWISE. All matters referred to the Board of Trustees will be afforded the due process as set forth in District Policy 3300 and 3300P.

DEFINITIONS

Terms used in this policy shall be given their ordinary and reasonable meaning. In addition, the following specific definitions apply:

School Year: The period of time from the date of first practice for Fall activities (usually in August) to the last day of regularly scheduled school classes (usually the following June).

Activities Season: The time period for those activities for which MHSA establishes a starting and ending date, including MHSA sanctioned pre‑season activities and post‑season competitions. For these activities that are not defined by an MHSA starting and ending date, the time period for starting and ending dates will be established including pre‑season practices and post‑season competition.

Extra-Curricular Activities:

Extracurricular activities include, but are not limited to: Football, Volleyball, Soccer, Golf, Cross Country, Basketball, Wrestling, Swimming, Cheerleading, Dance, Forensics, Speech & Debate, Drama, Tennis, Softball, Track & Field and Pep Band. 7th and 8th Grade Activities: Basketball, Football, Softball, Track & Field, Volleyball and Wrestling.

STATEMENTS TO BE SIGNED BY PARTICIPANTS AND PARENT/GUARDIAN

I HAVE READ AND UNDERSTAND THE ABOVE POLICY AND AGREE TO FOLLOW THE RULES OF THIS POLICY AND ANY OTHER TEAM RULES IMPOSED BY MY COACH AND MY SCHOOL’S RULES FOR STUDENT CONDUCT.

_____________________________________________

STUDENT’S SIGNATURE DATE

_____________________________________________

PARENT/GUARDIAN SIGNATURE DATE

Legal Reference: § 20-5-201, MCA Duties and sanctions

Policy History:

Adopted on: 9/13/1993

Revised on: 8/08/1994, 3/08/1999, 2/14/2005, 7/30/2007, 3/22/2010, 1/28/2013, 4/13/2015, 7/16/2018,

12/14/2020

Bozeman Public Schools

STUDENTS

Policy 3345

Gambling

Students are not permitted to gamble for money, material possessions or immaterial possessions while in school, on school property, in school vehicles, while on school-sponsored trips or when representing the school during activity or athletic functions. Students who are found to be betting, playing cards or rolling dice for gambling purposes, playing keno or poker machines, gambling on the internet or involved in any other form of gambling shall be reported to the principal. Appropriate discipline will be administered in accordance with the district’s student discipline policies. Students may participate in school-sanctioned carnival games, typically held during the after-prom activities or fundraising events.

Legal Reference: 23-5-112, M.C.A. Definitions

23-5-158, M.C.A. Minors Not To Participate – Penalty – Exception

Policy History:

Adopted on: 9/25/2006

Revised on:

Bozeman Public Schools

STUDENTS

Policy 3400

Student Welfare

The following guidelines are provided to minimize the occurrence of situations in which staff members may incur liability for their acts with relation to students:

Never leave a class of students unattended.

Accompany a class wherever it is assigned and remain with the class until supervision is assumed by another responsible person.

Do not permit students to use equipment in the classroom which has not been approved for school.

Do not permit students to use equipment until they have received operating instructions and prescribed safety procedures.

Do not permit students to work in a shop, kitchen, or laboratory without qualified supervision.

Report incidents of unsafe conditions and defective equipment to the principal immediately.

Ensure that proper safety gear is used wherever specified.

Policy History:

Adopted on: 11/24/1986

Revised on:

Bozeman Public Schools

STUDENTS Policy 3410

Student Health/Physical Screenings/Examinations

The Board may arrange each year for health services to be provided to all students. Such services may include but not be limited to:

Development of procedures at each building for isolation and temporary care of students who become ill during the school day;
Consulting services of a qualified specialist for staff, students, and parents;
Vision and hearing screening;
Scoliosis screening;
Any physical or mental health screening;
Immunization as provided by the Department of Public Health and Human Services;
Dental Screenings

Parents/guardians will receive written notice of any screening result which indicates a condition that might interfere or tend to interfere with a student’s progress.

In general, the District will not conduct physical examinations of a student without parental consent to do so or by court order, unless the health or safety of the student or others is in question during an emergency situation consistent with District Policy 3431. Further, parents will be notified of the specific or approximate dates during the school year when screening administered by the District is conducted as well as notification of requirements of the District’s policy on physical examinations and screening of students, at least annually at the beginning of the school year and within a reasonable period of time after any substantive change in the policy, which is:

Required as a condition of attendance.
Administered by the school and scheduled by the school in advance.
Not necessary to protect the immediate health and safety of the student or other students.

Parents or eligible students will be given the opportunity to opt out of the above-described screenings.

Students who wish to participate in certain extracurricular activities may be required to submit to a physical examination to verify their ability to participate in the activity. Students participating in activities governed by the Montana High School Association will be required to follow the rules of that organization, as well as other applicable District policies, rules, and regulations.

Cross Reference: 2158 Parent/Family Engagement and Involvement in Education Policy

3310P Student Risk Assessments

3431 Emergency Treatment

Legal Reference: § 40-6-701, MCA Parental Rights

Legal Reference: § 20-3-324(20), MCA Powers and duties

20 U.S.C. 1232h(b) General Provisions Concerning Education

Policy History:

Adopted on: 11/24/1986

Revised on: 7/13/2009, 4/14/2014, 10/11/2021, 7/15/2024

Bozeman Public Schools

STUDENTS

Procedure 3410P

Vision, Hearing and Scoliosis Screening

Vision Screening

The school district nurse is responsible for coordinating and conducting the vision screening.

Screening schedule: Grades pre-K K, 1, 4, 8 and other grades, as deemed necessary, will be screened annually. Students new to the Bozeman School District, and those students referred by teachers/staff will also be screened annually. The parent or guardian of the student will be notified by the school district nurse if the vision screening results warrant a more in-depth vision evaluation. The school district nurse may assist with referrals to community resources if the parent or guardian has financial concerns.

Hearing Screening

Hearing screening for school district students is provided by trained district staff, in conjunction with contracted audiologists through the statewide Hearing Conservation Program.  

At the local level, the hearing screening and periodic follow-up is coordinated by the speech/language clinicians with the assistance of the school district nurse and appropriate volunteers.  Audiological services are provided by the Hearing Conservation Program audiologist.

Screening Schedule: Grades K-1-6-10, and other grades, as deemed necessary are screened annually.  Individual students in any grade may be referred by teachers or parents. Students with a history of hearing loss may also be screened. Children aged 3 through 5 who reside within the elementary school district may have their hearing screened through the child-find developmental screening process.  Preschool hearing screening shall be done by the area Hearing Conservation Program audiologist.

Location and Times: All school age students are screened in the building where they are enrolled. 

Re-screening: Students who fail the initial screening shall be re-screened. These re-screenings may be conducted by the audiologist or speech/language clinician and may include tympanic impedance as well as the puretone screening. 

Comprehensive Evaluation: If the screening results warrant further evaluation,  the parent will be notified and the student shall be referred for a comprehensive hearing evaluation.  Referrals may include, but are not limited to, comprehensive audiological evaluation in the Hearing Conservation Program area audiology center, medical referral, or medical referral with follow-up screening or audiological evaluation. The purpose of a comprehensive hearing evaluation is to determine the degree and nature of hearing difficulty and to provide educationally relevant recommendations.  The audiologic evaluation shall be performed by a fully or provisionally licensed audiologist. Written parent permission is required prior to conducting the evaluation.

Medical evaluations are performed by physicians and are essential for proper diagnosis and treatment of children suspected of having ear or vestibular disease.  Medical services are not provided by the Hearing Conservation Program. If a child is referred by the audiologist for a medical evaluation or the audiologist recommends that a medical evaluation be conducted, it is the parent’s decision whether the medical evaluation will be done.  The parent is responsible for the cost of the medical evaluation.

Report of Testing Information and Possible Referral to Child Study Team 

A record of hearing screening results is maintained by the audiologist. A copy is also located in each school as well as in the cumulative records of children at the elementary level. The audiologist shall inform the building speech clinician of the re-screen results and the speech clinician is responsible for informing teachers of children in their classrooms who may be having difficulty hearing. Reports of comprehensive evaluations are sent to the building speech-language clinicians who disseminate the information. A child study team will be convened if recommended by the audiologist, speech-language clinician, teacher or parent.

Scoliosis Screening

The scoliosis screening shall be coordinated by the school district nurse in conjunction with the health education staff. Scoliosis screens will be done by referral only. The parent or guardian of the student will be notified by the school district nurse if the screening tests indicate symptoms consistent with the presence of scoliosis. The parent or guardian will be urged to seek additional professional care.

Policy History:

Adopted on:

Revised on: 7/13/2009, 1/20/2016, 10/19/2021

Bozeman Public Schools

STUDENTS Policy 3413

Student Immunization

The Board requires all students to present evidence of their having been immunized against the following diseases: varicella, diphtheria, pertussis (whooping cough), poliomyelitis, measles (rubeola), mumps, rubella, and tetanus in the manner and with immunizing agents approved by the department. Haemophilus influenza type “b” immunization is required for students under age five (5). Upon initial enrollment, an immunization status form shall be completed by the student’s parent or guardian. The certificate shall be made a part of the student’s permanent record.

A student who transfers into the District may photocopy immunization records in the possession of the school of origin. The District will accept the photocopy as evidence of immunization. Within thirty (30) days after a transferring student ceases attendance at the school of origin, the school shall retain a certified copy for the permanent record and send the original immunization records for the student to the school district to which the student transfers.

Exemptions from one or more vaccines shall be granted for medical reasons upon certification by a licensed or certified health care provider in a manner provided by Section 20-5-405, MCA. Exemptions for religious reasons must be filed in a manner provided by Section 20-5-405, MCA. The statement for an exemption shall be maintained as part of the student’s immunization record in accordance with FERPA as specified in Policy 3600P.

All students who are enrolled under an exemption and have a disease listed in this Policy, have been exposed to a disease listed in this Policy, or may be exposed to a disease listed in this Policy while attending school may be excluded from the school by the local health officer or the DPHHS until the excluding authority is satisfied that the student no longer risks contracting or transmitting that disease.

The administrator may allow the commencement of attendance in school by a student who has not been immunized against each disease listed in Section 20-5-403, MCA, if that student has received one or more doses of varicella, polio, measles (rubeola), mumps, rubella, diphtheria, pertussis, and tetanus vaccine, except that Haemophilus influenza type “b” vaccine is required only for children under 5 years of age.

The District shall exclude a student for noncompliance with the immunization laws and properly notify the parent or guardian. The local health department may seek an injunction requiring the parent to submit an immunization status form, take action to fully immunize the student, or file an exemption for personal or medical reasons.

This policy and related forms shall be made available to all interested individuals upon request and posted on the District’s website to provide parents and families opportunity to be informed about immunizations required and available exemptions under state law.

This policy does not apply to or govern vaccinations against COVID-19. The Board does not require immunization against COVID-19 in order to enroll in the District in accordance with Montana law. District officials shall not inquire about the COVID-19 vaccination status of students, employees, or visitors. District officials shall not make decisions regarding access to District services for students, employees, or visitors based upon an individual’s COVID-19 vaccination status. Students enrolled in dual credit courses in accordance with District policies may be subject to distinct immunization requirements of the applicable post-secondary institution.

Legal Reference: § 20-3-324(20), MCA Powers and duties

§ 20-5-402 - 426, MCA Health

§ 20-5-403, MCA Immunization required – release and acceptance of immunization records

§ 20-5-405, MCA Exemptions

Chapter 534 (2023) Revise Immunization laws

Policy History:

Adopted on: 11/24/1986

Revised on: 7/08/2002, 7/13/2009, 8/10/2015, 10/11/2021, 7/24/2023

3413F1 - Medical Exemption Form

3413F2 - Religious Exemption Form

Bozeman Public Schools

STUDENTS

Policy 3413F3

Immunization Exemption Disclosure Letter

This letter is currently being revised. The new version will be posted as soon as possible.3413F3 - Immunization Exemption Disclosure Letter

3413F4 - Conditional Acceptance Form

Bozeman Public Schools

STUDENTS

Policy 3415

Management of Sports Related Concussions

The Bozeman Public Schools District recognizes that concussions and head injuries are commonly reported injuries in children and adolescents who participate in sports and other recreational activities. The Board acknowledges the risk of catastrophic injuries or death is significant when a concussion or head injury is not properly evaluated and managed. Therefore, all K-12 competitive sport athletic activities in the District will be identified by the administration.

Consistent with guidelines provided by the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, the National Federation of High School (NFHS) and the Montana High School Association (MHSA), the District will utilize procedures developed by the MHSA and other pertinent information to inform and educate coaches, athletic trainers, officials, youth athletes, and their parents and/or guardians of the nature and risk of concussions or head injuries, including the dangers associated with continuing to play after a concussion or head injury. Resources are available on the Montana High School Association Sports Medicine page at www.mhsa.org; U.S. Department of Health and Human Services page at: www.hhs.gov; and; the Centers for Disease and Prevention page at www.cdc.gov/concussion/sports.index.html.

Annually, the district will distribute a head injury and concussion information and sign-off sheet to all parents and guardians of student-athletes in competitive sport activities prior to the student-athlete's initial practice or competition.

All coaches, athletic trainers, officials, including volunteers participating in organized youth athletic activities, shall complete the training program at least once each school year as required in the District procedure. Additionally, all coaches, athletic trainers, officials, including volunteers participating in organized youth athletic activities will comply with procedures for the management of head injuries and concussions.

Reference: Montana High School Association, Rules and Regulations Section 4, Return to Play

Legal Reference: Dylan Steigers Protection of Youth Athletes Act

20-7-1301, MCA Purpose

20-7-1302, MCA Definitions

20-7-1303, MCA Youth athletes – concussion education requirements

20-7-1304, MCA Youth athletes – removal from participation following concussion – medical clearance required before return to participation

Cross Reference: 3415F Student-Athlete & Parent/Legal Custodian Concussion Statement

Policy History:

Adopted on: 11/08/2010

Revised on: 10/12/2021

Bozeman Public Schools

STUDENTS

Procedure 3415P

Management of Sports Related Concussions

This procedure is currently being revised. The new version will be posted as soon as possible.

Bozeman Public Schools

STUDENTS

Form 3415F

Student Athlete and Parent/Legal Custodian Concussion Statement

This form is currently being revised. The new version will be posted as soon as possible.

Bozeman Public Schools

STUDENTS Policy 3416

Administering Medicines to Students

"Medication" means a medicine, including inhaled bronchodilators, inhaled corticosteroids, and autoinjectable epinephrine, and epinephrine nasal spray, prescribed by a licensed physician as defined in 37-3-102, a physician assistant who has been authorized to prescribe medications as provided in 37-20-404, or an advanced practice registered nurse with prescriptive authority as provided in 37-8-202(1)(h).

Administering Medication

The Board permits administration of medication to students in schools in its jurisdiction. A school nurse (who has successfully completed specific training in administration of medication), pursuant to written authorization of a physician or dentist and that of a parent, an individual who has executed a caretaker relative educational authorization affidavit, or guardian, may administer medication to any student in the school or may delegate this task pursuant to Montana law.

A building principal or other administrator may authorize, in writing, any school employee:

To assist in self-administration of any drug that may lawfully be sold over the counter without a prescription to a student in compliance with the written instructions and with the written consent of a student’s parent or guardian; and

To assist in self-administration of a prescription drug to a student in compliance with written instructions of a medical practitioner and with the written consent of a student’s parent or guardian.

Except in an emergency situation, only a qualified healthcare professional may administer a drug or a prescription drug to a student under this policy. Diagnosis and treatment of illness and the prescribing of drugs are never the responsibility of a school employee and should not be practiced by any school personnel.

Emergency Administration of Medication

In case of an emergency, a school nurse or delegate may administer emergency oral or injectable medication to any student in need thereof on school grounds, in a school building, or at a school function, or on a school bus according to a standing order of a chief medical advisor or a student’s private physician. In the event that emergency medication is administered to a student, the school nurse or staff member shall call 9-1-1 and notify the student’s parents/guardians.

In the absence of a school nurse, an administrator or designated staff member exempt from the nurse license requirement under § 37-8-103(1)(c), MCA, who has completed training in administration of medication, may give emergency medication to students orally or by injection.

The Board requires that there must be on record a medically diagnosed allergic condition that would require prompt treatment to protect a student from serious harm or death.

A building administrator or school nurse will enter any medication to be administered in an emergency on an individual student medication record and retain the documentation.

Assisting Students with Self-Administration of Medication

The District will permit students who are able to self-administer specific medication to do so provided that all of the following have occured:

A physician or dentist provides a written order for self-administration of said medication;
Written authorization for self-administration of medication from a student’s parent, an individual who has executed a caretaker relative educational authorization affidavit, or guardian is on file; and
A principal and appropriate teachers are informed that a student is self-administering prescribed medication.

A school employee authorized, in writing, to assist students with self-administration of medications, may only rely on the following techniques:

Making oral suggestions, prompting, reminding, gesturing, or providing a written guide for self-administering medications;
Handing to a student a prefilled, labeled medication holder or a labeled unit dose container, syringe, or original marked and labeled container from a pharmacy;
Opening the lid of a container for a student;
Guiding the hand of a student to self-administer a medication;
Holding and assisting a student in drinking fluid to assist in the swallowing of oral medications; and
Assisting with removal of a medication from a container for a student with a physical disability that prevents independence in the act.
Other guidance or restrictions previously provided in writing to the school by the student’s parent, an individual who has executed a caretaker relative education authorization, or guardian is on file.

Self-Administration or Possession of Asthma, Severe Allergy, or Anaphylaxis Medication

Students with allergies or asthma may be authorized by the building principal or Superintendent, in consultation with medical personnel, to possess and self-administer emergency medication during the school day, during field trips, school-sponsored events, or while on a school bus. The student shall be authorized to possess and self-administer medication if the following conditions have been met:

A parent or guardian or individual who has executed a caretaker relative educational authorization affidavit has submitted a signed authorization for self-administration of medication, acknowledging that the District and its employees are not liable for injury resulting from the student self-administration of medication.
The student must have the prior written approval of his/her primary healthcare provider. The written notice from the student’s primary care provider must specify the name and purpose of the medication, the prescribed dosage, frequency with which it may be administered, and the circumstances that may warrant its use.
Documentation that the student has demonstrated to the healthcare practitioner and the school nurse, if available, the skill level necessary to use and administer the medication.
Documentation of a doctor-formulated written treatment plan for managing asthma, severe allergies, or anaphylaxis episodes of the student and for medication use by the student during school hours.

Authorization granted to a student to possess and self-administer medication shall be valid for the current school year only and must be renewed annually.

A student’s authorization to possess and self-administer medication may be limited or revoked by the building principal or other administrative personnel.

If provided by the parent, an individual who has executed a caretaker relative educational authorization affidavit, or guardian, and in accordance with documentation provided by the student’s doctor, backup medication must be kept at a student’s school in a predetermined location or locations to which the student has access in the event of an asthma, severe allergy, or anaphylaxis emergency.

Immediately after using epinephrine during school hours, a student shall report to the school nurse or other adult at the school who shall provide follow up care, including making a call to emergency responders.

Emergency Use of Stock Albuterol

The District may maintain a supply of stock albuterol and single-use disposable holding chambers to be administered by a school nurse or other authorized personnel to a student or nonstudent as needed for respiratory distress. This Policy may not be interpreted to relieve a student's parent or guardian of providing a student's medication or create an expectation that a school will have stock albuterol available.

Definitions

"Stock albuterol" means quick-relief asthma medication that is approved by the United States food and drug administration for the treatment of respiratory distress. The term includes albuterol medication delivered through a metered dose inhaler or dry-powder inhaler that includes a spacer or holding chamber that attaches to a metered dose inhaler to improve the delivery of medication.

"Authorized personnel" means an employee or agent identified by the District who is approved by the District administration to administer a stock medication in a school setting or at a related activity.

"Respiratory distress" means a person's inability to breathe adequately, including the perceived or actual presence of associated symptoms such as coughing, wheezing, or shortness of breath.

Additional Requirements

The Superintendent or his or her designee shall develop a protocol related to the training of school employees, the maintenance and location of the stock albuterol, and the immediate and long-term follow-up to the administration of the medication, including determining when to make a 9-1-1 emergency call.

The stock albuterol must be prescribed by a physician, advanced practice registered nurse, or physician assistant. The school must be designated as the patient and each prescription for stock albuterol must be filled by a licensed pharmacy.

The District may enter into an agreement with a manufacturer of bronchodilators or spacers, a third-party supplier of bronchodilator or spacers, or a health care office to obtain bronchodilators or spacers at no charge, at market price, or at a reduced price, and may accept gifts, grants, or donations to purchase bronchodilators or spacers for emergency use.

Authorized personnel shall complete an annual asthma education program approved by the department of public health and human services. The training must include causes of respiratory distress, recognition of signs and symptoms of respiratory distress, indications for the administration of albuterol, administration techniques, and the need for immediate access to a certified emergency responder.

The stock albuterol must be kept in a secure and easily accessible location.

The District will inform parents or guardians about the potential use of stock albuterol in a respiratory distress emergency and will shall make the protocol available on request.

The District will document the use of stock albuterol following an event and report this use to the department of public health and human services within 3 days in a reporting format determined by the department.

The District will submit an annual report to the department of public health and human services summarizing the use of stock albuterol during each school year in a reporting format determined by the department.

Self-Administration and Possession of Other Medications

Students may self-administer and possess other medications as long as authorized by a licensed healthcare provider through written order and stated in the student’s Individualized Health Care Plan. The building administrator, school nurse, and appropriate staff will be notified of a student’s plan to possess and self-administer medications. Students are not authorized to self-carry or possess controlled medication during school hours.

Administration of Glucagon

A parent, an individual who has executed a caretaker relative educational authorization affidavit pursuant to §20-5-503, MCA, an individual who has executed a caretaker relative medical authorization affidavit pursuant to § 40-6-502, MCA, or a guardian of a diabetic student may designate an adult to administer glucagon to their child in an emergency situation. Written proof of the designation and acceptance of the designation by the parent-designated adult must be filed with the school district.

"Parent-designated adult" means a school district employee, selected by a parent, an individual who has executed a caretaker relative educational authorization affidavit pursuant to §20-5-503, MCA, an individual who has executed a caretaker relative medical authorization affidavit pursuant to § 40-6-502, MCA, or a guardian of a diabetic student, who voluntarily agrees to administer glucagon to the student.

The parent-designated adult must be trained in recognizing hypoglycemia and the proper method of administering glucagon. Training must be provided by a health care professional, as defined in § 33-36-103, MCA, or a recognized expert in diabetic care selected by the parent, an individual who has executed a caretaker relative educational authorization affidavit, an individual who has executed a caretaker relative medical authorization affidavit, or a guardian. Written documentation of the training received by the parent-designated adult must be filed with the school district.

The glucagon must be provided by the parent, an individual who has executed a caretaker relative educational authorization affidavit, an individual who has executed a caretaker relative medical authorization affidavit, or a guardian of the diabetic student.

Handling and Storage of Medications

The Board requires that all medications, including those approved for keeping by students for self-medication, be first delivered by a parent, an individual who has executed a caretaker relative educational authorization affidavit, or other responsible adult to a nurse or employee assisting with self-administration of medication. A nurse or assistant:

Shall examine any new medication to ensure it is properly labeled with dates, name of student, medication name, dosage, and physician’s name;
Shall develop a medication administration plan, if administration is necessary for a student, before any medication is given by school personnel;
Shall record on the student’s individual medication record the date a medication is delivered and the amount of medication received;
Shall store medication requiring refrigeration at 36° to 46° F;
Shall store prescribed medicinal preparations in a securely locked storage compartment; and
Shall store controlled substances in a separate compartment, secured and locked at all times.
All non-emergency medication shall be kept in a locked, nonportable container, stored in its original container with the original prescription label. Epinephrine, naloxone, and student emergency medication may be kept in portable containers and transported by the school nurse or other authorized personnel.
Food is not allowed to be stored in refrigeration unit with medications.
Shall notify the building administrator, school district nurse, and parent or guardian of any medication error and document it on the medication administration record.

The District will permit only a forty-five-(45)-school-day supply of a medication for a student to be stored at a school; and all medications, prescription and nonprescription, will be stored in their original containers.

The District will limit access to all stored medication to those persons authorized to administer medications or to assist in the self-administration of medications. The District requires every school to maintain a current list of those persons authorized by delegation from a licensed nurse to administer medications.

The District may maintain a stock supply of auto-injectable epinephrine to be administered by a school nurse or other authorized personnel to any student or nonstudent as needed for actual or perceived anaphylaxis. If the district intends to obtain an order for emergency use of epinephrine in a school setting or at related activities, the district shall adhere to the requirements stated in law.

The District may maintain a stock supply of an opioid antagonist to be administered by a school nurse or other authorized personnel to any student or nonstudent as needed for an actual or perceived opioid overdose in compliance with § 20-5-426, MCA.

Disposal of Medication, Medical Equipment, Personal Protective Equipment

The District requires school personnel either to return to a parent, an individual who has executed a caretaker relative educational authorization affidavit, or guardian or, with permission of the parent, an individual who has executed a caretaker relative educational authorization affidavit, or guardian, to destroy any unused, discontinued, or obsolete medication. A school nurse, in the presence of a witness, will destroy any medicine not repossessed by a parent or guardian within a seven-(7)-day period of notification by school authorities.

Medical sharps must be disposed of in an approved sharps container. Building administrators should contact the school nurse when such a container is needed. Sharps containers are to be kept in a secure location in the school building. Disposal of sharps containers is the responsibility of the school nurse in accordance with the Montana Infectious Waste Management Act and the manufacturer guidelines specific to the container.

Cross Reference: 3431 Emergency Treatment

3431F Emergency Treatment - Accident Report

Legal Reference: 20-5-412, MCA Definition – parent-designated adult administration of glucagons – training

20-5-420, MCA Self-administration or possession of asthma, severe allergy, or anaphylaxis medication

20-5-421, MCA Emergency use of epinephrine in school setting

37-8-103(1)(c), MCA Exemptions – limitations on authority conferred

20-5-426, MCA Emergency use of an opioid antagonist in school setting – limit on liability

40-6-701 Interference with fundamental parental rights restricted

75-10-1001, et seq Infectious Waste Management Act

37.11.812, ARM Safety Requirements

10.55.701(s), ARM Board of Trustees

24.159.1601, et seq Delegation of Nurse Duties

Policy History:

Adopted on:

Revised on: 10/11/2021, 4/25/2022, 7/28/2025

Bozeman Public Schools

STUDENTS Policy 3416P

Guidelines for Anaphylaxis

Overview

A severe allergic reaction, known as anaphylaxis, can occur when the immune system strongly reacts to an otherwise harmless substance in the environment known as an allergen. There are a variety of allergens that can cause anaphylaxis, the most common being food, insect venom, medications and latex. Anaphylaxis can begin within a few minutes after exposure and can rapidly progress. Without treatment, severe cases can result in airway obstruction, shock and death. Emergency treatment with epinephrine is the current treatment and can reverse anaphylaxis.

The incidence of anaphylaxis has increased in recent years. It is impossible to totally eliminate allergens from the school setting but school staff must be prepared to help students who have known anaphylaxis allergies and students who may have their first allergic reaction while in the school environment.

The purpose of these guidelines is to provide best practices for responding to an anaphylaxis reaction in the school setting by reducing the risk of exposure to allergens and providing education regarding life threatening allergies in the school environment.

Procedure

The Bozeman School District (BSD7) will provide at least two doses of auto-injectable epinephrine in each school to be administered by the school nurse or a BSD7 employee trained in the administration of epinephrine to any student or non-student employee believed to be having an anaphylactic reaction. In accordance with the provisions under Montana ARM 20-5-420 and 20-5-421, a school district and its employees are not liable as a result of any injury arising from the administration of emergency epinephrine to a student or non-student unless an act of omission is the result of gross negligence, willful or wanton misconduct or an intentional tort.

Parents of students with known life threatening allergies should still provide the school (annually) with the student’s health care plan and the necessary medications for implementing the student-specific order. This procedure is not intended to replace student specific orders or parent provided individual medication. Since the intent of stock epinephrine is to have it immediately on hand in the event of an emergency so that assistance may be rendered immediately to a person in need, the epi-pen should be prioritized for all field trips where medical attention is not immediately accessible.

Common Allergens

The most common 10 allergens include: animal dander, fish, latex, milk, shellfish, eggs, tree nuts, insect venom (bee stings), medications, peanuts, soy and wheat.

Recognizing Anaphylaxis

Anaphylaxis is a severe systemic allergic reaction resulting from exposure to an allergen. The reaction is rapid in onset and can cause death. The common symptoms include:

Respiratory-Sudden difficulty breathing, wheezing
Skin-Hives, generalized flushing, itching or redness of the skin,
Mouth-Swelling of the throat, lips, tongue, tightness of the chest, change of voice, difficulty swallowing

Face-Tingling sensation itching or metallic taste in the mouth
Feeling of apprehension, agitation

Symptoms vary from person to person and may vary each time the person is exposed to an allergen. Anaphylaxis usually occurs quickly (within minutes) but can occur up to 1-2 hours after exposure to the allergen. Individuals with asthma are more at risk for a compromised airway when an allergic reaction occurs.

Medication and Treatment

The drug epinephrine is the medication of choice used to reverse the symptoms of anaphylaxis. It works by raising blood pressure, relaxing the bronchial muscles and reducing tissue swelling. Epinephrine is a prescribed medication administered by injection via an auto injector. The drug is fast acting but the effects may only last 5-15 minutes, therefore a second dose may be required if symptoms continue. Whenever epinephrine is used, Emergency Medical Services (911) should be called. The side effects of epinephrine are rapid heart rate, tremors, nervousness and anxiety. Epinephrine should be administered promptly at the first sign of anaphylaxis. It is safer to administer epinephrine than to delay treatment for anaphylaxis.

Epinephrine auto injectors are available in 2 different single dose units:

- 0.15 mg for children weighing 33-66 lbs (approximately 3-9 years of age), and

- 0.3 mg for individuals weighing greater than 66 lbs (older children and adults)

Inspection and Storage

Inspection

Schools possessing EpiPens must visually inspect their Auto-injectors on a weekly basis and document the inspections. These inspections need to be conducted by an individual designated by the school.

Visual inspection will be conducted to look for the following: discoloration; cracking/breakage; fluid leaks; solid particles visible in the liquid; presence of the gray safety cap; expiration date has passed

If any of these conditions are noted, the EpiPen must be pulled from service and disposed of appropriately.

Storage

Auto-injectors are to be kept in a controlled temperature environment away from direct sunlight. They should not be subjected to either extreme heat or temperatures at which the liquid may freeze.

Epinephrine auto injectors should be stored in a safe, secure location (including transportation for field trips). The epinephrine auto injectors should be accessible to at least one school staff member at all times so that in the event of an emergency, one may be accessed (e.g., a custodian would be able to immediately retrieve an epi-pen for a student in an after school program/intramural program).

Routine Replacement

It is the school’s responsibility to monitor the expiration date of the auto-injectors. Expired auto-injectors need to be taken out of service and replaced.

The school nurse will maintain documentation that stock epinephrine has been checked to ensure proper storage and that the expiration date is still adequate. After epinephrine has been used, a Bozeman School District accident report should be filed and the stock epinephrine replaced.

Training

Selected Bozeman School District staff at each school will be trained annually in recognizing anaphylaxis and in the administration of epinephrine auto injectors.

Use Guidelines

Follow the guidelines for responding to anaphylaxis

Based on symptoms, determine the individual is having anaphylaxis reaction
Call for help and have someone retrieve the epinephrine auto injectors
Advise someone to call 911.
Select appropriate epinephrine dose based on weight.
Inject epinephrine via auto injector. (Follow instructors for that specific auto injector).

Massage the area and note the time.
Stay with individual and follow CPR guidelines if needed.
Repeat the dose after 5-15 minutes if symptoms persist and EMS has not arrived.
Provide EMS with epinephrine auto injector and the time given.
Follow-up with school nurse, administrator and BSD7 accident report.

Notice to Parents

Stock epinephrine is available in the form of auto-injectors and will be used for students or staff who may have an allergic reaction at school. This epinephrine is not intended to replace student specific epinephrine. Parents of students with known life threatening allergies should still provide the school with the student’s school specific health care plan and the necessary medications for implementing the student specific order.

Stock epinephrine will be kept in a secure, easily accessible location in each school. School staff will participate in annual training on recognizing anaphylaxis, emergency protocol, and school procedures. Anytime epinephrine is administered at school, 911 will be called. School employees will not be held liable for non-intentional injuries arising from administration of epinephrine.  In addition, BSD will have allergy information available on their website under health services. The policy information is available under 3416 of the BSD District Policies. For more information, contact the Bozeman School District Nurse, at 522-6057.

Responsibilities

Parent/Guardian Guidelines

Notify the school district nurse and administrator of your child’s allergies at least one week prior to the opening of school year or immediately after enrollment or diagnosis.
Provide school with medical documentation from your licensed health care provider with medication orders and emergency plan before your child enters school.
Deliver the medication in proper containers on the first day of school in accordance with the BSD medication policy (3416) and maintain a non-expired supply of medication for the duration of the school year.
Request a meeting with the school nurse and school staff (K-5) to discuss your child’s allergy status, review the health care plan and discuss any necessary accommodations.
Educate your child in the self management of their food allergy as age appropriate including: safe and unsafe foods, strategies for avoiding exposure to unsafe foods, symptoms of an allergic reaction, how and when to tell an adults they are having a reaction, and how to read food labels.

Provide school with safe snacks to keep in school.
Consider a medical alert bracelet for your child and encourage him/her to wear it at all times.
Investigate field trip destinations for potential issues and inform teacher of your concerns.

Student Guidelines

Do not share food with others.
Wash hands before and after eating.
Do not eat anything with unknown ingredients.
Notify an adult immediately if you have eaten something you believe may cause an allergic reaction or if you believe you are having symptoms of an allergic reaction.

Administrator Guidelines

Establish a basic medical emergency plan for the building to use in any medical emergency.
Establish a check-out procedure for stock epinephrine.
Ensure that a health care plan is created and implemented for each student with a medically documented anaphylaxis reaction.
Monitor the expiration date of the auto-injectors.

Ensure that the notice to parents is part of the annual handbook.
Ensure cleaning protocol for classrooms, cafeteria, and other areas in the building are completed.
Establish a procedure for how and when school staff should communicate with the main office in the event of an emergency.
Adopt a no sharing or trading food practice.

Ensure that students are taught proper hand washing technique and encourage students to wash hands before and after eating.
At the elementary level, provide guidelines for monitoring snacks and lunch. Send a letter to parents regarding food allergy concerns.
Establish designated cafeteria eating areas/tables for the consumption or restriction of specific foods to protect food allergic students.

Ensure that after school staff members are aware of students with severe allergic reactions. Consider emergency plan if office is locked after hours.
Ensure staff participates in an annual training program on anaphylaxis.
Ensure that the BSD7 accident report is filed in the event epinephrine is used at school.

School Nurse Guidelines

Notify families of availability and use of epinephrine auto injectors (letter home and student handbook).
Meet with parents at the beginning of each school year to assess student’s allergy status, needs and accommodations.
Work with parent and teacher to develop a health care plan and emergency procedure or 504 as needed.
Notify school staff of students with known potential severe allergic reactions.

Provide annual training to school staff on anaphylaxis, epinephrine auto injectors, and school procedure.
Serve as a resource person for school staff regarding food allergy issues and concerns.

Teacher Guidelines

Identify students with severe allergic reactions.

Become familiar with the signs and symptoms of an allergic reaction, the emergency procedure to be followed and the epinephrine auto injector administration.
Emergency health care plans should be easily accessible to the teacher and substitute teacher.
Classroom teacher should review their emergency plan and should develop a plan for notifying substitute teachers about students with severe allergies. This information should be kept in the classroom emergency folder.
Review planned classroom activities involving food for possible allergens (crafts, science lessons, taste testing).
Notify other parents about classroom allergy concerns by sending a letter (F1 and F2)/ information to send in snacks that do not contain specific food allergens (K-5).

Post signs outside the classroom if a food is restricted in that room.
Adopt and maintain a no sharing food practice.
Any classroom surface that has been exposed to food should be thoroughly cleaned after the activity. Common household cleaning agents remove food allergens from surfaces.

Notify the child’s parent in advance of parties, field trips or other special events so that student safety may be maintained.
Encourage students to wash hands or use hand wipes before and after eating. Hand sanitizer does not properly remove all allergens.
Help other students in the classroom understand the seriousness of a food allergy.
Check snacks coming into the classroom for possible allergens.

Respond immediately to reports of students being teased or bullied about their allergies.

Cafeteria and Food Service Guidelines

Cafeteria staff should be able to identify students with food allergies. A list will be provided to the cafeteria staff by school.
Food service staff will attend annual training on anaphylaxis.

Cafeteria staff should follow safe food handling practices to prevent cross contamination of food allergens.
Allergen free tables should be established as needed. Students without allergies may sit with their friends at the allergen free table as long as their lunch does not contain allergens.
The allergen free table should be placed in a well-ventilated area away from the condiment bar and garbage cans.
The allergen free table should be cleaned with a separate cloth that is not placed in a solution with other clothes. Disposable clothes are best for this purpose. Thoroughly clean all tables, chairs and floors after each meal.

Certified Athletic Trainer and Coach Guidelines

Certified Athletic Trainers  (ATC/LAT)

Review Sports Participation book for any listed and diagnosed student athletes with a known need for personal Epinephrine auto injector.
Notify coaches of student athletes with risk of anaphylaxis and go over Emergency Action Plan and use of epinephrine auto injector.
Establish communication with student athlete and parents regarding Emergency Action Plan .

Designate a place for student athlete to have personal Epinephrine auto injector during practice and games.

Coaches

Work with Certified Athletic Trainer regarding students with personal Epinephrine auto injectors.
Review Emergency action plan with Certified Athletic Trainers.

Identify the designated location of personal Epinephrine auto injectors during practices, games and on away trips.
Identify location of school supplied Epinephrine auto injectors.

Field Trip Guidelines

There should be no eating on the bus, recognizing that food may be allowed in special circumstances for students with special health care needs.
Notify the school nurse of the field trip in advance.
Follow check-out procedure for stock epinephrine.

Emergency medications and emergency health care plans must be taken on all field trips.
A cell phone must be available on the field trip, although reception may not always be available in rural areas.
Parent of the student with severe allergic reaction may be invited to accompany their child on the trip.
Students should wash their hands or use hand wipes before and after eating.

Standing Orders

Standing Orders are written by an authorized medical provider to cover multiple people as opposed to individual-specific orders, which are written for one person at 3614F2. Standing Orders must be renewed annually with any change in prescriber and are outlined at Policy 3614F3.

Policy History:

Adopted on:

Revised on: 11/21/2013, 5/7/2014, 10/19/2021

Form 3416F1

DESIGNATION AND ACCEPTANCE TO ADMINISTER GLUCAGON

As a parent, an individual who has executed a caretaker relative educational authorization affidavit, an individual who has executed a caretaker relative medical authorization affidavit, or a guardian of a diabetic student, I have designated _____________________ to administer glucagon to ________________________ only in emergency situations. I understand the designee must be an adult.

_______________________________ ________________________

Signature Date

As the parent-designated adult, I agree to administer glucagon only in emergency situations to ______________________. I understand the glucagon must be provided by the parent, an individual who has executed a caretaker relative educational authorization affidavit, an individual who has executed a caretaker relative medical authorization affidavit, or the guardian of the student. I confirm that I have been trained in recognizing hypoglycemia and the proper method of administering glucagon. I have been trained by ________________________ on the ______ day of _______________, 20___.

________________________________ _________________________

Signature of parent-designated adult Date

Policy History:

Adopted on:

Revised on: 10/21/2021

Form 3416F2

MONTANA AUTHORIZATION TO POSSESS OR SELF-ADMINISTER

ASTHMA, SEVERE ALLERGY, OR ANAPHYLAXIS MEDICATION

For this student to possess or self-administer asthma, severe allergy, or anaphylaxis medication while in school, while at a school sponsored activity, while under the supervision of school personnel, before or after normal school activities (such as while in before-school or after-school care on school-operated property), or while in transit to or from school or school-sponsored activities, this form must be fully completed by: 1) the prescribing physician/ physician assistant/advanced practice registered nurse, and 2) an authorizing parent, an individual who has executed a caretaker relative educational or medical authorization affidavit, or legal guardian.

Student’s Name:_______________________________ School: _______________________________________

Sex: (Please circle) Female/Male City/Town: _____________________________________

Birth Date: _____/_____/_____ School Year: _________(Must be renewed annually)

Physician’s Authorization:

The above named student has my authorization to carry and self administer the following medication:

Medication: (1) ______________________________ Dosage: (1) ______________________________

(2) ______________________________ (2) ______________________________

Reason for prescription(s): ______________________________________________________________________

Medication(s) to be used under the following conditions (times or special circumstances): _____________________

____________________________________________________________________________________________

I confirm that this student has been instructed in the proper use of this medication and is able to self-administer this medication without school personnel supervision. I have formulated and provided to the parent/guardian or caretaker relative a written treatment plan for managing asthma, severe allergies, or anaphylaxis episodes and for medication use by this student during school hours and school activities.

____________________________ _______________________ _______________________

Signature of Physician/PA/APRN Phone Number Date

Authorization by Parent, an individual who has executed a caretaker relative educational or medical authorization affidavit, or Guardian

As the parent, individual who has executed a caretaker relative educational or medical authorization affidavit, or guardian of the above named student, I confirm that this student has been instructed by his/her health care provider on the proper use of this/these medication(s). He/she has demonstrated to me that he/she understands the proper use of this medication. He/she is physically, mentally, and behaviorally capable to assume this responsibility. He/she has my permission to self-medicate as listed above, if needed. If he/she has used epinephrine during school hours, he/she understands the need to alert the school nurse or other adult at the school who will provide follow-up care, including making a 9-1-1 emergency call.

I acknowledge that the school district or nonpublic school and its employees and agents are not liable as a result of any injury arising from the self-administration of medication by the student, and I indemnify and hold them harmless for such injury, unless the claim is based on an act or omission that is the result of gross negligence, willful and wanton conduct, or an intentional tort.

I agree to work with the school in establishing a plan for use and storage of backup medication. This will include a predetermined location to keep backup medication to which my child has access in the event of an asthma, severe allergy, or anaphylaxis emergency. I have provided the following backup medication:

____________________________________________________________________________________________

I understand that in the event the medication dosage is altered, a new “self-administration form” must be completed, or the health care provider may rewrite the order on his/her prescription pad, and I, the parent/caretaker relative/guardian, will sign the new form and assure the new order is attached.

I understand it is my responsibility to pick up any unused medication at the end of the school year, and the medication that is not picked up will be disposed of.

I authorize the school administration to release this information to appropriate school personnel and classroom teachers.

Parent/Guardian, Caretaker Relative Signature: _____________________________ Date: _________________

(Original signed authorization to the school; a copy of the signed authorization to the parent/guardian and health care provider) See, generally, Mont. Code Ann. § 20-5-420.

Policy History:

Adopted on:

Revised on: 10/21/2021

Form 3416F3

STANDING ORDER

AUTO-INJECTOR EPINEPHRINE ADMINISTRATION FOR ANAPHYLAXIS

In the event of an anaphylaxis reaction in an individual in the school setting, the school nurse or trained unlicensed school personnel will administer epinephrine. This Standing Order is for the use of auto-injector epinephrine in such situations.

In the case of students with a history of anaphylaxis or other severe allergic reactions, epinephrine should be administered according to their specific individualized orders documented in the health care plan. If no such orders exist or are not available, the Standing Orders given in this document should be used.

Definition: Anaphylaxis is a severe allergic reaction which can be life threatening and occur within minutes or hours after a triggering event.

Symptoms of anaphylaxis include:

Respiratory-Sudden difficulty breathing, wheezing,
Skin-Hives, generalized flushing, itching, redness and swelling of skin
Mouth-Swelling of the throat, lips, tongue, tightness/change of voice, difficulty swallowing
Face-Tingling sensation, itching, metallic taste in mouth
Feeling of apprehension, agitation

Standing Order

BSD7 School ________________________________________

Based on symptoms, determine that an anaphylactic reaction is occurring. Act quickly. It is safer to give epinephrine than to delay treatment.

Does the person have a known allergy and a health care plan? If yes, refer to the student’s health care plan for specific instructions.

If no known allergy, call for help and have someone trained in epinephrine administration assist you. While retrieving the epinephrine, direct someone to call 911 and advise that anaphylaxis is suspected and epinephrine is being given.

Determine proper dose of epinephrine based on weight:

0.15 mg Epinephrine auto-injector if less than 66 lbs

0.3 mg Epinephrine auto-injector if more than 66 lbs

Inject epinephrine via auto-injector.

Ensure that EMS has been activated and that parents have been notified.

Repeat dose after 5-15 minutes if symptoms persist.

Stay with and monitor individual until EMS arrives

Provide EMS with the auto-injector, labeled with date and time given to take to hospital with student.

Follow-up with School Nurse and Administrator after student has been transferred.

Health Care Provider Signature: _________________________________ Date: _____________________

Health Care Provider Printed Name: ______________________________________________________________

*Effective for School Year: ___________________________________________________________

(*Must be renewed annually)

Training

The school nurse on an annual basis will provide training. Training will include:

Signs and symptoms of anaphylaxis
Treatment for anaphylaxis

School specific guidelines for identifying anaphylaxis and administering epinephrine
Demonstration of epinephrine auto injectors
Prevention techniques and cross contamination issues
504 considerations
Review of resources

Post assessment and return demonstration of auto injector

Policy History:

Adopted on:

Revised on:

Bozeman Public Schools

STUDENTS

Policy 3417

Communicable Diseases

Note: For purposes of this policy, the term “communicable disease” refers to the diseases identified in 37.114.203, ARM, Reportable Diseases, with the exception of common colds and flu.

In all proceedings related to this policy, the District shall respect a student’s right to privacy. All applicable district policies and handbook provisions governing confidentiality of student medical information remain in full effect.

Although the District is required to provide educational services to all school-age children who reside within its boundaries, it may deny attendance at school to any child diagnosed as having a communicable disease that could make a child’s attendance harmful to the welfare of other students. The District also may deny attendance to a child with suppressed immunity in order to protect the welfare of that child when others in a school have an infectious disease, which, although not normally life threatening, could be life threatening to a child with suppressed immunity.

The Board recognizes that communicable diseases that may afflict students range from common childhood diseases, acute and short-term in nature, to chronic, life-threatening diseases such as human immunodeficiency virus (HIV) infection. The District shall rely on advice of the public health and medical communities in assessing the risk of transmission of various communicable diseases to determine how best to protect the health of both students and staff.

The District shall manage common communicable diseases in accordance with DPHHS guidelines and communicable diseases control rules. If a student develops symptoms of any reportable communicable or infectious illness as defined while at school, the responsible school officials shall do the following:

isolate the student immediately from other students or staff; and
inform the parent or guardian as soon as possible about the illness and request him or her to pick up the student; and
consult with a physician, other qualified medical professional, or the local county health authority to determine if the case should be reported to the local health officer.

Students who express feelings of illness at school may be referred to a school nurse or other responsible person designated by the Board and may be sent home as soon as a parent or person designated on a student’s emergency medical authorization form has been notified. The District may temporarily exclude from onsite school attendance a student who exhibits symptoms of a communicable disease that is readily transmitted in a school setting. Offsite instruction will be provided during the period of absence in accordance with Policy 2165. The District reserves the right to require a statement from a student’s primary care provider authorizing a student’s return to onsite instruction.

When information is received by a staff member or a volunteer that a student is afflicted with a serious communicable disease, the staff member or volunteer shall promptly notify a school nurse or other responsible person designated by the Board to determine appropriate measures to be taken to protect student and staff health and safety. A school nurse or other responsible person designated by the Board, after consultation with and on advice of public health officials, shall determine which additional staff members, if any, have a need to know of the affected student’s condition.

Only those persons with direct responsibility for the care of a student or for determining appropriate educational accommodation shall be informed of the specific nature of a condition, if it is determined that such individuals need to know this information.

The District may notify parents of other children attending a school that their children have been exposed to a communicable disease without identifying the particular student who has the disease.

Healthy Hand Hygiene Behavior

All students, staff, and others present in the any school building shall engage in hand hygiene at the following times, which include but are not limited to:

Arrival to the facility and after breaks
Before and after preparing, eating, or handling food or drinks
Before and after administering medication or screening temperature
After coming in contact with bodily fluid
After recess
After handling garbage
After assisting students with handwashing
After use of the restroom

Hand hygiene includes but is not limited to washing hands with soap and water for at least 20 seconds. If hands are not visibly dirty, alcohol-based hand sanitizers with at least 60% alcohol can be used if soap and water are not readily available.

Staff members shall place grade level appropriate posters describing handwashing steps near sinks.

Legal Reference: 37.114.101, et seq., ARM Communicable Disease Control

37.111.825, ARM Health Supervision and Maintenance

Policy History:

Adopted on: 11/24/1986

Revised on: 9/28/1987, 1/08/1996, 7/13/2009, 10/12/2021

Bozeman Public Schools

STUDENTS

Policy 3422

Suicide Awareness and Prevention

The Administration shall develop and implement a youth suicide prevention program meeting minimum requirements set forth in 10.55.719, ARM. The District will provide professional development on youth suicide awareness and prevention to each employee of the district who work directly with any students enrolled in the school district. The training materials will be approved by the Office of Public Instruction (OPI).

The District will provide, at a minimum, two (2) hours of youth suicide awareness and prevention training every five (5) years. All new employees who work directly with any student enrolled in the school district will be provided two (2) hours of training the first year of employment.

Youth suicide and prevention training may include:

In-person attendance at a live training;
Videoconference;
An individual program of study of designated materials;
Self-review modules available online; and
Any other method chosen by the local school board that is consistent with professional development standards.

Prevention and Response

The Board authorizes the Administration and appropriate District staff to develop procedures to address matters related to suicide prevention and response that:

A. Promote collaboration with families and with community providers in all aspects of suicide prevention and response;

B. Include high quality intervention services for students;

C. Promote interagency cooperation that enables school personnel to identify and access appropriate community resources for use in times of crisis;

D. Include reintegration of youth into a school following a crisis, hospitalization, or residential treatment;

E. Provide for leadership, planning, and support for students and school personnel to ensure appropriate responses to attempted or completed suicides.

No cause of action may be brought for any loss or damage caused by any act or admission resulting from the implementation of the provisions of this policy or resulting from any training, or lack of training, related to this policy. Nothing in this policy shall be construed to impose a specific duty of care.

This policy will be reviewed by the Board of Trustees on a regular basis.

Legal Reference: § 20-7-1310, MCA Youth suicide awareness and prevention training ARM 10.55.720 Suicide Prevention and Response

Policy History:

Adopted on: 6/25/1990

Revised on: 7/24/2017

Bozeman Public Schools

STUDENTS

Policy 3431

Emergency Treatment

The Board recognizes that schools are responsible for providing first aid or emergency treatment to a student in case of sudden illness, episode, or injury; however, further medical attention is the responsibility of a parent or guardian.

The District requires that every parent or guardian provide a telephone number where a parent or designee of a parent may be reached in case of an emergency.

When a student is injured, staff will provide immediate care and attention until relieved by a superior, a nurse, or a doctor. The District will employ its normal procedures to address medical emergencies without regard to the existence of a do not resuscitate (DNR) request. A principal or designated staff member will immediately call a parent or parental designee so that the parent may arrange for care or treatment of an injured student.

When a student develops symptoms of illness while at school, a responsible school official will do the following:

Isolate the student from other children to a room or area segregated for that purpose;

Inform a parent or guardian as soon as possible about the illness and request the parent or guardian to pick up the child; and

Report each case of suspected communicable disease the same day by telephone to a local health authority or as soon as possible thereafter if a health authority cannot be reached the same day.

When a student exhibits behaviors or conduct of a nature that creates concern for the student’s safety or the safety of others, a responsible school official will isolate the student from other children consistent with District/school safety procedures.

When a parent or guardian cannot be reached, and it is the judgment of a principal or other person in charge that immediate medical attention is required, an injured student may be taken directly to a hospital. Once located, a parent or a guardian is responsible for continuing treatment or for making other arrangements.

Cross Reference: 2158 Parental and Family Engagement

3310P Student Risk Assessments

3410 Student Health/Physical Screenings/Examinations

Legal Reference: ARM 37.111.825 Health Supervision and Maintenance

§ 40-6-701, MCA Parental Rights

§ 20-3-324(20), MCA Powers and duties

20 U.S.C. 1232h(b) General Provisions Concerning Education

Policy History:

Adopted on: 11/24/1986

Revised on: 9/10/2007, 4/14/2014, 6/10/2024

Bozeman Public Schools

STUDENTS

Procedure 3431P

Emergency Treatment

Health Enhancement Teachers, coaches, assistant coaches and intramural coaches are required to become trained and/or maintain skills in recognized first aid procedures. At least one adult accompanying a class field trip or activity should have first aid certification. Staff have the duty to aid an injured student and act in a reasonable and prudent manner in obtaining immediate care. The staff member who exercises his/her judgment and skills in aiding an injured person during the school day or during a school event is protected by the District's liability insurance except when the individual is operating outside the scope of his/her employment or designated duties.

Any child who appears to be very ill or who has received a serious injury should be either sent home or to a physician or hospital as quickly as possible. In any emergency situation in which emergency medical services may be necessary, the staff member should call 911 first.

Once at the scene, the principal shall be responsible for making the appropriate decisions. In the event the principal is not available, the staff member designated by the principal to take charge in emergency situations shall be responsible for the decision. The principal or designated staff member will immediately call a parent or parental designee so that the parent may arrange for care or treatment of an ill injured student.

If the parent cannot be contacted, call the emergency number listed on the child's enrollment card to determine the next course of action.

For a life-threatening emergency (severe bleeding, shock, breathing difficulty, heart attack), 911 should be called immediately. Normally, District personnel will not drive sick children home, however, if a seriously ill or injured child is sent home or to the hospital by private automobile, someone trained in first aid must accompany the child. This is in addition to the driver of the vehicle. Children should not walk home if high fever, head injury, or likelihood of shock due to injury are present. Children in grades K-8 will not, under any circumstances, be sent home unaccompanied.

If the injury is deemed to be minor, the trained staff member should:

1. Administer first aid to the child as necessary (following standard Red Cross procedure).

2. Notify the principal or responsible designated person.

3. Remain with the child until released by the principal, responsible person, or the parent.

The principal or other responsible person should contact the parent.

The principal or designated person should make the decision whether an ill or injured child who has received first aid should return to class.

A Student Accident/Injury Report, located on KISSFLOW, should be completed by the staff member who witnessed the incident as soon as possible, from information provided by the person at the scene of the accident. The written report should include a description of the circumstances of the illness or injury and procedures followed in handling it at school and routed to the principal, secretary, District Nurse, Executive Director of Business and Operations and Deputy Superintendent Instruction when a student is injured at school or during a school-sponsored activity, including but not limited to athletic activities and field trips. The following list provides a guideline for when a Student Accident/Injury Report should be completed:

The injury requires the student to leave school or the activity for medical treatment.
An ambulance is called, whether or not the student is actually transported.
The parent/guardian is notified that the student was injured at school.
A parent/guardian notifies the school that they have sought medical treatment for their child as the result of a school-related incident.
The injury may have been partially or wholly caused by a physical condition of the facility or a facility condition that needed immediate attention, such as a slick floor or patch of ice.
The injury involved another student or students (e.g., horseplay, fighting, etc.).
The injury involves the head, neck and/or spine.
The injury involves anaphylaxis.
The parent/guardian expresses concern over the way the school handled the student’s injury.

Policy History:

Adopted on: 11/24/1986

Revised on: 9/10/2007, 1/08/2014

STUDENTS

Form 3431F

Accident Report

This form is to be completed by the appropriate employee(s) as soon as possible after an accident occurs. Please Print or Type.

District Name ______________________________________ School Name _______________________

Principal’s Name ___________________________________ School Phone _______________________

Date of Accident: ___________ Time: ____ □ am □ pm Supervising Employee _______________

Claimant’s Name ____________________________________ _________________________ _________________
Last Name First Name Middle Initial

Claimant’s Address __________________________________________ __________________ ________________
City State ZIP Code

Claimant’s SS # _____________________________ Home Phone Number (_____) __________________________

Claimant’s Age _______ Date of Birth ______________________ Sex __________ Grade ____________________

Parent’s Name (if student) _____________________________ Work Phone Number (_____) __________________

Nature of Injury		Place of Accident		Body Part Injured
□ Scratch	□ Concussion	□ Classroom	□ Gymnasium	□ Ankle	□ Foot	□ Leg
□ Fracture	□ Head Injury	□ Hallway	□ Parking Lot	□ Arm	□ Face	□ Nose
□ Bruise	□ Sprain/Strain	□ Bathroom	□ Sidewalk	□ Back	□ Finger	□ Teeth
□ Burn	□ Cut/Puncture	□ Cafeteria	□ Stairs	□ Neck	□ Hand	□ Wrist
□ Dislocation	□ Bite	□ Playground	□Athletic Field	□ Eye	□ Knee	□ Shoulder
□ Other _______________________		□ Other ______________________		□ Other ________________________

Describe accident and injury in detail (attach additional description as necessary):________________

____________________________________________________________________________________

Were efforts made to contact the parent/guardian about the accident? □ Yes □ No

Was first aid administered? □ Yes □ No By whom? __________________________________

Was the student □ Sent home □ Sent to physician □ Sent to hospital

Is student covered by Student Accident Insurance? □ Yes □ No If “yes,” please list Company Name, address, and phone number ______________________________________________________________

If medical or hospital treatment was required, please complete the following information. (Attach a copy of medical bills, if available.)

Name and address of doctor or hospital ____________________________________________________

Witnesses (Name, Address, and Phone) ____________________________________________________

____________________________________________________________________________________

__________________________________________________________ __________________

Signature/Name of Person Completing the Report Date

Bozeman Public Schools

STUDENTS

Policy 3440

Removal of Student During School Day

The Board recognizes its responsibility for the proper care of students during a school day. In accordance with District procedures, only a duly authorized person may remove a student from school grounds, any school building, or school function during a school day. A person seeking to remove a student from school must present evidence satisfactory to the administrator of having proper authority to remove the student. A teacher should not excuse a student from class to confer with anyone, unless a request is approved by the administrator. The administrator will establish procedures for removal of a student during a school day.

Policy History:

Adopted on: 11/24/1986

Revised on:

Bozeman Public Schools

STUDENTS

Policy 3440P

Removal of Student During School Day

Schools must exercise a high order of responsibility for the care of students while in school. The removal of a student during the school day may be authorized in accordance with the following procedures:

Law enforcement officers, upon proper identification, may remove a student from school as provided in Policies 4410 and 4411.

Any other agencies must have a written administrative or court order directing the District to give custody to them. However, employees of the Department of Public Health and Human Services may take custody of a student under provisions of § 41-3-301, MCA, without a court order. Proper identification is required before the student shall be released.

A student shall be released to the custodial parent. When in doubt as to custodial rights, school enrollment records must be relied upon, as the parents (or guardians) have the burden of furnishing schools with accurate, up-to-date information.

The school should always check with the custodial parent before releasing the student to a non-custodial parent.

Prior written authorization from the custodial parent or guardian is required before releasing a student into someone else’s custody, unless an emergency situation justifies a waiver.

Police should be called if a visitor becomes disruptive or abusive.

Cross Reference: 4410 Relations With Law Enforcement and Child Protective Agencies

4411 Interviews and Investigations Conducted by School Officials

Policy History:

Adopted on:

Revised on:

Bozeman Public Schools

STUDENTS

Policy 3441

Release of Student During the School Day

Prior to sending a student to his/her home for illness, discipline or a corrective action, the principal or designee shall attempt to reach the student's parent to inform him/her of the school's action and to request that he/she come to the school for the child. If the principal or designee cannot reach the parent, K-9 students shall remain at school until the close of the school day. A student may be released to a law enforcement officer in accordance with Policy 4411 (Relations with Law Enforcement and Child Protective Agencies).

Policy History:

Adopted on: 11/24/1986

Revised on: 10/12/2020

Bozeman Public Schools

STUDENTS

Policy 3450

Student Safety

The Board recognizes that safe practices should be incorporated into all aspects of the instructional program and directs the superintendent to develop and post rules for safety and the prevention of accidents. These rules shall provide for:

Instruction of students and staff in safety and accident prevention.

Protective devices where they are required for the safety of students.

Suitable and safe equipment where such equipment is necessary for the conduct of the educational program and the operation of the schools.

Legal Reference: 10.55.505 A.R.M. Safety

Policy History:

Adopted on: 11/24/1986

Revised on: 10/12/2020

Bozeman Public Schools

STUDENTS

Procedure 3450P

Student Safety

Staff are responsible for creating and maintaining the safest possible environment for students at all times.

Hair, Eye and Apparel Safety

Eye injury and loss of sight can be prevented most effectively by the implementation of a carefully planned eye safety program.

Injury resulting from students wearing neck pieces such as ties, beads, and other dangling apparel; long, loose sleeves, wrist bands, finger rings and long hair below the earlobes can be prevented most effectively by the implementation of a carefully planned safety program.

A program of hair, eye and apparel safety shall be planned, implemented and maintained by designated staff to satisfactorily meet safety requirements. The principal shall support staff in their efforts to implement the following hair, eye and apparel protection procedures for students enrolled in art, Family and Consumer Science, physical education and Industrial Career and Technical Education classes at the middle and high school levels.

Hair Safety

Hair which, in the judgment of staff, may become entangled in moving parts of objects shall be secured while a student is working in areas where such objects are located. Hair must be tightly secured to the head to prevent any strands from falling loose about the face, head or shoulders. Hair may be secured by such acceptable methods as hair pins, nets, hair bands, braids or stocking caps. Hair must be held securely in place throughout the class period.

Students who fail to comply with hair safety rules shall not be allowed to attend class.

Eye Safety

Students shall be required to wear approved appropriate eye safety devices (clear goggles, welding goggles, welding hoods, eye glasses, face shields) while working or observing in designated eye safety areas, or while operating machines or performing hazardous tasks such as pouring molten metal in the foundry area or pounding hot metal on an anvil in the forge area.

Eye safety areas shall be clearly designated with two-inch wide yellow lines painted on the floor.

All stationary machines shall be located in eye safety areas.

Portable power machines shall be operated in eye safety areas.

Apparel Safety

Wearing apparel such as ties, beads, loose sleeves, loose coats, sweaters, jackets, wrist bracelets and/or finger rings shall be handled as follows:

Students shall be required to roll up loose sleeves, remove jackets or sweaters, remove neckties, beads or other dangling bodily adornments while working in eye safety areas or while preparing stationary or portable power machinery.

Staff, together with the support of the principal, are responsible for the implementation and enforcement of the above safety regulations.

Eye and hair safety protective devices (which comply with the U.S. Standard Practice for Occupational and Educational Eye and Face Protection, 287.1, 1968 or later revisions) shall be furnished and maintained by the District and loaned without cost to staff and students.

Staff shall analyze the potential eye and other bodily hazards involved in activities for which they are responsible and explain to students the need for the type of eye protection specified in the work.

Staff shall make all reasonable efforts to assure that those persons, whether visitors, students, faculty, or others wear proper eye and hair protection when entering a specified eye safety area where potentially dangerous activities are taking place.

Students in physical education classes are encouraged to purchase recommended apparel. All "nonstandard" apparel shall be free of those potential hazards as identified by staff.

Eye and other bodily injuries should be treated by authorized medical personnel. In cases where immediate or emergency action is necessary to prevent further damage to an injured eye, such action shall be taken by staff on duty prior to obtaining professional medical assistance. A written report should be completed for each such injury (see form 3431F). These reports will be maintained in each building for seven years.

Policy History:

Adopted on: 10/12/2020

Revised on:

Bozeman Public Schools

STUDENTS

Policy 3505

Tutors

Tutors may, when space is available, enter the school for the purpose of providing tutorial instruction. Tutorial assistance by outside providers may not be substituted for District-approved classes.

The student and parent must initiate the request for tutorial instruction.

The tutoring must be directly related to an academic subject taught where the student attends.

Instruction must be provided to a single student. Tutors will not be allowed to instruct or assist groups of students.

The approval of the school principal (or designee), and parents or guardian is required.

The tutor must keep attendance records, provide a weekly attendance report, and report all truancies to the administration immediately.

Any student with poor attendance or any student who, as a result of this program, disrupts the orderly process of the school can, without prior notice, lose his/her right to this privilege.

The principal can, with cause, disallow the use of the building to any tutor.

Tutors may provide tutorial help to a student only during regularly scheduled study hall or lunch/recess times. Student schedules will not be adjusted to accommodate the tutor’s personal schedule. Tutoring may also occur outside of school hours.

High school students whose parents request that they be allowed to leave the building during study hall for the purpose of tutorial instruction will be allowed to do so under the same circumstances as described above.

Cross Reference: 4330 Community Use of School Facilities

Policy History:

Adopted on: 1/09/1995

Revised on: 6/26/2012, 10/12/2020

Parent Initiating a Volunteer And/Or Paid Tutor/Counselor

Form 3505F

Tutors and Study Hall

For the circumstance of:

Parent Initiating a Volunteer And/Or Paid Tutor/Counselor

Waiver

I have hired _______________________________ (full name) to tutor my child and I understand because they are not a district employee, they have not undergone a background check. I further understand that if I wish to have a background check completed, it must be at my expense and through an agency other than the school district.

I further understand that a Facilities Use Agreement must be completed.

Student Name:__________________________________ (please print)

Parent Name: ___________________________________ (please print)

Parent Signature: ___________________________________________ Date:___________

Bozeman Public Schools

STUDENTS

Policy 3510

School-Sponsored Student Activities

Student Organizations:

All curricular student clubs or organizations must be approved by the administration. Secret or clandestine organizations or groups will not be permitted.
Bylaws and rules of curricular student clubs or organizations must not be contrary to Board policy or to administrative rules and regulations.
Procedures in curricular student clubs or organizations must follow generally accepted democratic practices in the acceptance of members and nomination and election of officers.
Student led and initiated non-curricular student groups may meet at school in accordance with District Policy without the sponsorship of the School District.

Social Events

Social events must have prior approval of the administration.
Social events must be held in school facilities unless approved by the Superintendent.
Social events must be chaperoned at all times.
Attendance at high school social events and dances shall be limited to high school students, and middle school social events shall be limited to middle school students, unless prior permission is received from the principal.

Extracurricular Activities

Academic and behavior eligibility rules are established by MHSA rules and District policy.
Any student convicted of a criminal offense may, at the discretion of school officials, become ineligible for such a period of time as the school officials may decide.
In establishing an interscholastic program, the Board directs the administration to:

Open all sports to all students enrolled in the District, with an equal opportunity for participation.
Open all sports to residents of the school district and who is at least 5 years of age and not more than 19 on or before September 10 of the year in which participation in extracurricular activities is sought by such child in accordance with the provisions of this policy.
Recommend sports activities based on interest inventories completed by the students.

Participation in District Extracurricular Activities by Unenrolled Children

Any child identified in Section 3.c.ii of this policy who is attending a nonpublic or home school meeting the requirements of section 20-5-109:

Is eligible to seek to participate in any extracurricular activity of the District that is offered to pupils of the district who are of the same age.
Is subject to the same standards for participation as those required of full-time pupils enrolled in the school and the same rules of any interscholastic organization of which the school of participation is a member as specified in Section 3.a. and 3.b. of this policy and any related student or activity handbook provisions.
Will be assessed for purposes of placement, team formation and cuts using the same criteria as used for full-time pupils enrolled in the District.

In cases where there is more than one school serving the same age group within District boundaries, a child under Section 4 of this policy shall be subject to the same school zone rules applicable to full-time pupils of the District. Participation for one school for one sport and another school for another sport is prohibited.
The academic eligibility for extracurricular participation for a student attending a nonpublic school as specified under Section 4.a.ii of this policy shall be attested by the head administrator of the nonpublic school. No further verification shall be required.
The academic eligibility for extracurricular participation for a student attending a home school as specified under Section 4.a.ii shall be attested in writing by the educator providing the student instruction with verification by the school principal for the school of participation. The verification may not include any form of student assessment.
Students participating in extracurricular activities under Section 4 of this policy may be considered part-time enrollees for purposes of ANB in accordance with Policy 3150, 3121, and 3121P.

Designation of Athletic Teams

Unless otherwise prohibited by Policy 3210 or federal law, District sponsored athletic teams or sports designated for females, women, or girls may not be open to students who are biologically of the male sex. District sponsored athletic teams or events may be designated as one of the following based on biological sex in accordance with applicable MHSA rules, this Policy, federal law, Policy 3210, or the provisions of Section 6 of Chapter 405 (2021):

males, men, or boys;
females, women, or girls; or
coed or mixed.

This section of this Policy is void 21 days after the date the United States Secretary of Education files a written report with the proper committees of the United States House of Representatives and the United States Senate as required by 34 CFR 100.8(c) due to the enforcement of Chapter 405 (2021).

Cross Reference: 2332 Religion and Religious Activities

3121-3121P Enrollment and Attendance Records

3150 Part Time Attendance

3222 Distribution and Posting of Materials

3233 Student use of Buildings: Equal Access

3550 Student Clubs and Organizations

2332 Religion and Religious Activities

Legal Reference: §40-6-701(1) Parental Rights

Chapter 693 (2023) Parental Rights

34 CFR 100.8(c) Procedure for Effecting Compliance

Bostock v. Clayton County Georgia, 140 S.Ct. 1731 (2020)

Policy History:

Adopted on: 8/24/2020

Revised on: 1/10/2022, 7/24/2023, 6/08/2026

Bozeman Public Schools R

STUDENTS

Policy 3520

Student Fees and Fines

Within the concept of free public education, the District will provide an educational program for students as free of costs as possible.

Fees

The Board may require fees for actual cost of breakage and for excessive supplies used in commercial, industrial arts, music, domestic science, science, or agriculture courses. The Board may also charge a student a reasonable fee for any course or activity not reasonably related to a recognized academic and educational goal of the District or for any course or activity taking place outside normal school functions. The Board may waive fees in cases of financial hardship.

The Board delegates authority to the Superintendent to establish appropriate fees and procedures governing collection of fees and asks the Superintendent to make annual reports to the Board regarding fee schedules. The Board also may require fees for actual cost of breakage and for excessive supplies used in commercial, industrial arts, music, domestic science, science, or agriculture courses.

Fines

The District holds a student responsible for the cost of replacing materials or property that are lost or damaged because of negligence. A building administrator will notify a student and parent regarding the nature of violation or damage, how restitution may be made, and how an appeal may be instituted.

Withholding and Transferring Records for Unpaid Fines or Fees

The District may not refuse to transfer files to another district because a student owes fines or fees. The District may not withhold the school schedule of a student because the student owes fines or fees. The district may withhold the grades, diploma, or transcripts of a current or former student who is responsible for the cost of school materials or the loss or damage of school property until the student or the student’s parent or guardian pays the owed fines or fees.

In the event a student who owes fines or fees transfers to another school district in the state and the District has decided to withhold the student’s grades, diploma, or transcripts from the student and the student’s parent or guardian, the District shall:

upon receiving notice that the student has transferred to another school district in the state, notify the student’s parent or guardian in writing that the school district to which the has transferred will be requested to withhold the student’s grades, diploma, or transcripts until any obligation has been satisfied;
forward appropriate grades or transcripts to the school district to which the student has transferred;
at the same time, notify the school district to which the student has transferred of any financial obligation of the student and request the withholding of the student’s grades, diploma, or transcripts until any obligations are met;
when the student or the student’s parent or guardian satisfies the obligation, inform the school district to which the student has transferred.

A student or parent may appeal the imposition of a charge for damages to the Superintendent and to the Board.

Legal reference: § 20-1-213 (3), MCA Transfer of school records

§ 20-5-201(4), MCA Duties and sanctions

§ 20-7-601, MCA Free textbook provisions

§ 20-9-214, MCA Fees

Policy History:

Adopted on: 11/2/1986

Revised on: 1/22/2007, 2/06/2013, 4/14/2014, 10/12/2020

Bozeman Public Schools

STUDENTS

Procedure 3520P

Student Fees, Fines, and Charges

Students may be required to furnish clothing or other items of a personal nature required by any course. An effort will be made to not have the required clothing restrictive in color, trim, or other items that would increase the cost or availability.

Fees may be charged for extracurricular activities, overnight and out-of-state trips which are not a part of a regular course of instruction, night classes, and summer school.

Special projects initiated and pursued by any student, which becomes his/her personal property and are not a requirement of the course or class, must be paid for by the student or his parents.

Students may be required to furnish their own paper, pencil, notebooks, crayons, or other items. It is not required that the district furnish items including, but not limited to, school pictures, yearbooks, school newspapers, activity tickets, musical instrumental rental, accident insurance, vo-tech or adult school fees, advanced placement fees, or assessments for lost or damaged school properties of any kind.

Policy History:

Adopted on: 4/14/2014

Revised on:

Bozeman Public Schools

STUDENTS

Policy 3530

Student Fund-Raising Activities

The Board acknowledges that the solicitation of funds from students must be limited since students are a captive audience and since solicitation can disrupt the program of the schools. Solicitation of funds from students by non-student groups or groups not affiliated with the Bozeman Public Schools is prohibited. Solicitation of funds by non-student groups affiliated with the Bozeman Public Schools must conform to the requirements of #4222/4222P.

Solicitation and collection of money by students for any purpose including the collection of money in exchange for tickets, papers, magazines subscriptions, or for any other goods or services for the benefit of an approved school organization may be permitted by the superintendent or designee providing that the instructional program is not adversely affected.

While student members of school organizations may solicit funds, these funds must be for the general good of the organization. Individual student accounts may be maintained for motivational purposes. Ownership of the balance does not vest with the student and individual account balances will be closed into the general account of the organization when the student ceases to belong to the organization.

The superintendent shall establish rules and regulations for the solicitation of funds by approved school organizations, official school/parent groups and by outside organizations. The principal shall distribute these rules and regulations to each student organization granted permission to solicit funds.

Policy History:

Adopted on: 11/24/1986

Revised on: 2/22/1993, 10/10/1994

Bozeman Public Schools

STUDENTS

Procedure 3530P

Fundraising Activities

Guidelines for fund raising activities:

Fundraising must be for the benefit of school organizations only.

Student participation must be voluntary.

The fund raising activity must be such that it is not likely to create a poor public image.

Fundraising activities cannot be conducted during hours when students should be in class.

Fundraising activities must conform to school district accounting requirements.

Fundraising activities may not use district materials or supplies unless reimbursement is made.

Fundraising solicitations will be noticed in PAC or school newsletters so that the solicitation is between adults and that students are not acting as the vehicle for fundraising. Coupons or separate fundraising fliers for area businesses will be posted electronically and will not be sent home in student folders. Hard copies of fliers, coupons, etc. may also be available for parents at the school site.

Door-to-door solicitation by students will be discouraged by Fundraising sponsors, but the district recognizes that parents have the responsibility for directing the behavior of their children in non-school hours.

The District discourages fundraising "contests," like "The class/school with the most orders wins a free pizza party."

All fund raising activities must be submitted to the principal for approval before any public notice is made. Application must include:

sponsoring group
proposed activity
manner in which the money is to be collected
purpose of the fundraiser

Unless specifically excepted, fundraisers involving food sales may not compete with the District’s Food Service program.

Policy History:

Adopted on:

Revised on: 2/22/1993, 10/10/1994, 5/02/2011, 11/15/2017

Bozeman Public Schools

STUDENTS

Policy 3535

Distribution of Fund Drive Literature Through Students

It is the policy of this District to refrain from having the students, as student body members, used for collection or dissemination purposes.

Although the schools recognize that much good is derived from such drives, it is the policy of this district to refrain from having the students, as student body members, used for such collection or dissemination purposes.

Exceptions to this policy will be considered when recognized student or school-affiliated organizations of the district request permission to participate in such activity.

The superintendent shall have the authority to grant exceptions to this policy. The following guidelines shall be followed to assist in the decision-making process:

The objectives of the contest, campaign, or promotion shall be consistent with the district's goals and policies.

The proposed activity shall have educational value to the participants and be free of objectionable advancement of the name, product or special interest of the sponsoring group.

Participation by a student would not interfere with his/her program of curricular or co-curricular activities.

Policy History:

Adopted on: 9/22/1986

Revised on:

Bozeman Public Schools

STUDENTS

Policy 3540

Missing Children

Responsibility of School District:

Pursuant to HB 358, it shall be the responsibility of the school district superintendent or designee to distribute the list of missing school children provided by the State Superintendent of Public Instruction to each school building within the district. This list will be placed on an appropriate bulletin board accessible to faculty and other staff members.

B. In the event staff members suspect that a missing child is enrolled in the school, they shall notify the appropriate building principal and/or district superintendent immediately.

C. The district superintendent shall notify the county attorney's office and the sheriff's department.

Responsibility of Parent/Guardian:

A. Parents, guardians, or legal custodians of school children must report the following information to the building principal:

1. In the event the child will be absent from school, the parent shall report that absence to the building principal and/or designee by 9:00 a.m. on each day the child is absent.

2. The parent shall report the absence of the child every day the child is absent from school.

3. Parents, guardians, or legal custodians will provide a telephone number where they may be contacted in the event of an emergency or when the child is absent from school.

4. In the event the parent does not maintain a home telephone, he/she shall provide an alternative telephone number where they may be contacted if their child is absent from school.

Responsibility of Building Principal or Designee:

A. When a parent, guardian, or legal custodian notifies a school that a child will be absent from school, the building principal and/or designee shall log the date and person from whom the call came.

B. In the event a parent, guardian, or legal custodian fails to notify the school of the child's absence, the building principal and/or designee shall attempt to contact the parent, guardian, or legal custodian as follows:

1. The principal or designee will attempt to telephone the parent, guardian, or legal custodian at the residential or alternative telephone number provided under II. A. 3 or 4 above.

2. If the school official is unable to make telephone contact with the parent, guardian, or legal custodian after three school days, he/she shall mail a written notice to the parent, guardian or legal custodian indicating the child's absence from school on those dates. The letter will indicate that an attempt was made to make telephone contact during the days the child was absent from school.

3. If the school official suspects foul play, he/she shall immediately notify the district superintendent and/or appropriate law enforcement agency.

4. If a child is present for part of a school day and absent for the remainder of the school day, and if the parent has not reported that partial day absence, the school official shall follow the procedures outlined as if the child were absent from school the entire day.

5. In the event a school official cannot determine the appropriate procedure in a particular case, he/she shall notify the building principal and, in turn, the district superintendent who may consult with the district's legal adviser and/or county attorney for direction.

Policy History:

Adopted on: 11/24/1986

Revised on:

Bozeman School District

STUDENTS

Policy 3550

Student Clubs

The Board recognizes that student clubs are a helpful resource for schools and supports their formation. Student clubs must complete an application process. The Superintendent or designee is delegated the authority to approve or deny club applications.

Curricular Student Clubs

The Board of Trustees authorizes the administration to approve and recognize curricular student clubs or organizations in a manner consistent with this policy and administrative procedure. Curricular Student clubs are those approved student clubs that directly relate to the body of courses offered by the school. Curricular student clubs that are recognized by the District are permitted to use District facilities, use the District’s name, a District school’s name, or a District school’s team name or any logo attributable to the District, and raise and deposit funds with the District.

In order for the administration to approve and recognize a curricular student club, the group must submit an application to the building administrator containing the following:

The organization’s name and purpose.
The portion of the curriculum that forms the basis of the club or the course offered at the school enhanced by the club’s functions. This step is required for consideration as a curricular club. Applications that do not satisfy this step may be permitted to meet at the school as a non-curricular student group.
The staff employee designated to serve as the group’s advisor.
The rules and procedures under which it operates.
A statement that the membership will adhere to applicable Board policies and administrative procedures.

The administration will report to the Board when new curricular student clubs have been approved and recognized.

Upon approval of a new curricular student club, the administration will notify the District clerk so the group may have any funds raised for its operations so designated in accordance with the District’s financial practices.

Approved curricular student clubs will appear in the student handbook and other appropriate district publications. Advisors of new student clubs may be eligible for a stipend in accordance with applicable collective bargaining agreement provisions and available district resources. Approved curricular student clubs may also have limited access as designated by the administration to distribute messages through official communications of the district (e.g. intercom announcements, district newsletters, group emails, etc.).

Noncurricular Student Groups

Student-led and initiated groups of similar interests that do not meet the requirements to be an approved curricular student club as outlined in this policy shall be designated as noncurricular student groups. Noncurricular student groups include any student group that does not directly relate to the body of courses offered by the District but has a regular meeting schedule and established operational structure. District employees that are present at meetings in a supervisory capacity are not eligible for a stipend. Student meetings must be supervised by an adult. Employees or agents of the school district that are present at student group meetings must only serve in a supervisory capacity.

The district approves a limited open forum, within the meaning of that term as defined in U.S. Code section § 4071, for noncurricular student groups to meet on school premises during non-instructional time. Noncurricular student groups wishing to conduct a meeting within this limited forum are subject to the following fair opportunity criteria, which shall be uniformly administered consistent with 20 U.S. Code section § 4071:

All such meetings must be voluntary and student-initiated;
There shall be no sponsorship of the meeting by the District or its agents or employees;
Employees or agents of the District that are present at religious meetings must be only in a non-participatory capacity;
All meetings must not materially and substantially interfere with the orderly conduct of educational activities within the Ddistrict; and
Nonschool persons may not direct, conduct, control, or regularly attend activities of the noncurricular student groups.

Meeting is defined as a gathering of a group of students for the purposes of discussing group beliefs or engaging in group operations. An event that does not meet this definition will be required to comply with the Community Use of District Facilities Policy and Procedure.

Noncurricular student groups may post notice of gatherings in accordance with Policy 3222. Noncurricular student groups may be authorized by the administration to have the name of the school to appear as part of their group’s name. A logo attributable to the school or District, the District’s name, or the school’s team name or mascot may not be used by a noncurricular group. The permission to post notice of gatherings or use the school name does not constitute sponsorship of the group by the District.

Informal Gatherings

Students are permitted to informally gather at the school in accordance with Policy 3233. Informal gatherings of students are not permitted to use the District’s name, a District school’s name, or a District school’s team name or mascot, or any logo attributable to the District, and raise and deposit funds with the District. Informal student gatherings may not post notices or other materials in accordance with Policy 3222 but may request to post items in accordance with Policy 4331.

Financial Operations

All funds raised by recognized curricular student clubs are subject to applicable School District policies regarding financial management. All funds raised by recognized curricular student clubs that are donated to the School District become public funds when placed in a District account. All public funds must be monitored in accordance with state law. Deposits must be reviewed to ensure compliance with equity rules, amateur rules and appropriateness under district policy.

Funds spent by the District will be done in accordance with District purchase order policy and spending limits regardless of the source of the donation. All expenditures should be preapproved to ensure equity and auditing standards are met.

The administration is authorized to develop procedures to implement this policy.

Cross Reference: 2132 Family Educational and Privacy Rights

2158 Family Engagement

3210 Equal Education and Nondiscrimination and Sex Equity

3222 Distribution and Posting of Student Materials

3233 Student Use of Buildings - Equal Access

2158 Parent and Family Engagement and Involvement in Education

Legal Reference: 20 U.S. Code § 4071 Denial of equal access prohibited

Section 20-5-203, MCA Secret Organization Prohibited

Section 20-7-320, MCA Career and Technical Student Organizations

Section 40-6-701, MCA Fundamental Parental

Title 20, chapter 3, part 3 Board of Trustees

§40-6-701(1) Parental Rights

Chapter 693 (2023) Parental Rights

Policy History:

Adopted on: 8/24/2020

Revised on: 1/10/2022, 7/24/2023

3550F

BOZEMAN PUBLIC SCHOOLS STUDENT CLUB APPLICATION

___ This application is for a new club ___ This application is to renew an existing club

This application is to request approval of a student club at Bozeman Public Schools. The application must be fully completed for the application to be considered. Incomplete or incorrectly prepared applications will not be considered. All applications will be considered in accordance with District Policy 3550 and District guidelines. Copies of the policy and guidelines can be obtained at: ______. Recognized clubs that violate District Policy, Montana law or federal law are subject to suspension or termination.

Step 1. General Club Information and Bylaws, Charter, or Statement of Purpose

Proposed Club Name: _________________________

Proposed Club Supervisor Name: _______________________

Faculty supervisors do not sponsor or participate in non-curricular clubs; however, an adult supervisor must be present.

Step 2. Club’s bylaws, charter, or statement of purpose.

Please attach any documents outlining the rules and procedures under which the club will operate. These documents may include but are not limited to bylaws, membership expectations, or a national charter. If the documents are not yet available, drafts may be attached, or a detailed statement of purpose can be provided until documents are available.

Step 3. Basis for Curriculum Related Status

(For consideration as a curricular club. Groups that do not satisfy this step may be permitted to operate as a non-curricular student group.)

To be recognized as a curricular club, the club must be based upon an aspect of the school’s curriculum or the functions of the club must enhance a course offered at the school. Please attach a description of why the proposed club should be designated as a curricular club providing specific facts supporting such status.

Step 4. Time, frequency, location, and notice of anticipated club meetings and functions

Please attach a statement of the proposed use of school facilities, including at the specific areas or facilities of the school for which use is requested and the proposed nature of the use of those facilities. Attach or describe any examples of materials which the club plans to use to tell students about the club's existence or to invite students to join.

Step 5. Submission and Acknowledgement

By signing this application form the students and advisor acknowledge that the club’s members and operations will adhere to applicable Board policies and administrative procedures governing curricular clubs.

________________________________________ _____________________________________

Requesting Student Date Proposed Supervisor Date

FOR SCHOOL DISTRICT USE ONLY

Application Received By: _____________________________________ Date: ________________

Recognized as Curricular Club By:______________________________ Date: ________________

Operating as Noncurricular Student Group By:___________________________ Date: ________________

Not Recognized By:_________________________ Date: ________________

NOTES: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

The administration will retain all records related to this application. The administration will report to the requesting students, advisor, and Board of Trustees when new curricular student clubs have been recognized.

Bozeman Public Schools

STUDENTS

Policy 3600

Student Records

School student records are confidential, and information from them will not be released other than as provided by law. State and federal laws grant students and parents certain rights, including the right to inspect, copy, and challenge school records.

The District will ensure information contained in student records is current, accurate, clear, and relevant. All information maintained concerning a student receiving special education services will be directly related to the provision of services to that child. The District may release directory information as permitted by law, but parents will have the right to object to release of information regarding their child. Military recruiters and institutions of higher education may request and receive the names, addresses, and telephone numbers of all high school students, unless the parent(s) notifies the school not to release this information.

The Superintendent will implement this policy and state and federal law with administrative procedures. The Superintendent or designee will inform staff members of this policy and inform students and their parents of it, as well as of their rights regarding student school records.

Each student’s permanent file, as defined by the board of public education, must be permanently kept in a secure location. Other student records must be maintained and destroyed as provided in 20-1-212, MCA.

Legal Reference: Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g; 34 C.F.R. 99

§ 20-1-212, MCA Destruction of records by school officer

§ 20-5-201, MCA Duties and sanctions

§ 40-4-225, MCA Access to records by parent

10.55.909, ARM Student Records

Policy History:

Adopted on: 11/14/1986

Revised on: 7/11/2005, 8/12/2013

Bozeman Public Schools

STUDENTS

Procedure 3600P

Student Records

Maintenance of School Student Records

The District maintains two (2) sets of school records for each student – a permanent record and a cumulative record.

The permanent record will include:

Basic identifying information

Academic work completed (transcripts)

Level of achievement (grades, standardized achievement tests)

Immunization records (per § 20-5-406, MCA)

Attendance record

Statewide student identifier assigned by the Office of Public Instruction

Record of any disciplinary action taken against the student, which is educationally related

Each student’s permanent file, as defined by the board of public education, must be permanently kept in a secure location.

The cumulative record may include:

Intelligence and aptitude scores

Psychological reports

Participation in extracurricular activities

Honors and awards

Teacher anecdotal records

Verified reports or information from non-educational persons

Verified information of clear relevance to the student’s education

Information pertaining to release of this record

Disciplinary information

Camera footage only for those students directly involved in the incident

Information in the permanent record will indicate authorship and date, and will be maintained in perpetuity for every student who has been enrolled in the District. Cumulative records will be maintained for eight (8) years after the student graduates or permanently leaves the District. Cumulative records, which may be of continued assistance to a student with disabilities who graduates or permanently withdraws from the District, may, after five (5) years, be transferred to the parents or to the student if the student has succeeded to the rights of the parents.

The building principal will be responsible for maintenance, retention, or destruction of a student’s permanent or cumulative records, in accordance with District procedure established by the Superintendent.

Access to Student Records

The District will grant access to student records as follows:

The District or any District employee will not release, disclose, or grant access to information found in any student record except under the conditions set forth in this document.

The parents of a student under eighteen (18) years of age will be entitled to inspect and copy information in the child’s school records. Such requests will be made in writing and directed to the records custodian. Access to the records will be granted within fifteen (15) days of the District’s receipt of such request. Parents are not entitled to records of other students. If a record contains information about two students, information related to the student of the non-requesting parent will be redacted from the record.

In situations involving a record containing video footage, a parent of a student whose record contains the footage is allowed to view the footage contained in the record but is not permitted to receive a copy unless the parents of the other involved students provide consent. The footage is not a record of students in the background of the image or not otherwise involved in the underlying matter.

Where the parents are divorced or separated, both will be permitted to inspect and copy the student’s school records, unless a court order indicates otherwise. The District will send copies of the following to both parents at either one’s request, unless a court order indicates otherwise:

Academic progress reports or records;
Health reports;
Notices of parent-teacher conferences;
School calendars distributed to parents/guardians; and
Notices about open houses and other major school events, including student-parent interaction.

Access will not be granted to the parent or the student to confidential letters and recommendations concerning admission to a post-secondary educational institution, applications for employment, or receipt of an honor or award, if the student has waived his or her right of access after being advised of his or her right to obtain the names of all persons making such confidential letters or statements.

The District may grant access to or release information from student records without prior written consent to school officials with a legitimate educational interest in the information. A school official is a person employed by the District in an administrative, supervisory, academic, or support staff position (including, but not limited to administrators, teachers, counselors, paraprofessionals, coaches, and bus drivers), and the board of trustees. A school official may also include a volunteer or contractor not employed by the District but who performs an educational service or function for which the District would otherwise use its own employees and who is under the direct control of the District with respect to the use and maintenance of personally identifying information from education records, or such other third parties under contract with the District to provide professional services related to the District’s educational mission, including, but not limited to, attorneys and auditors. A school official has a legitimate educational interest in student education information when the official needs the information in order to fulfill his or her professional responsibilities for the District. Access by school officials to student education information will be restricted to that portion of a student’s records necessary for the school official to perform or accomplish their official or professional duties.

The District may grant access to or release information from student records without parental consent or notification to any person, for the purpose of research, statistical reporting, or planning, provided that no student or parent can be identified from the information released, and the person to whom the information is released signs an affidavit agreeing to comply with all applicable statutes and rules pertaining to school student records.

The District may grant release of a child’s education records to child welfare agencies without the prior written consent of the parents.

The District will grant access to or release information from a student’s records pursuant to a court order.

The District will grant access to or release information from any student record, as specifically required by federal or state statute.

The District will grant access to or release information from student records to any person possessing a written, dated consent, signed by the parent or eligible student, with particularity as to whom the records may be released, the information or record to be released, and reason for the release. One (1) copy of the consent form will be kept in the records, and one (1) copy will be mailed to the parent or eligible student by the Superintendent. Whenever the District requests consent to release certain records, the records custodian will inform the parent or eligible student of the right to limit such consent to specific portions of information in the records.

The District may release student records to the superintendent or an official with similar responsibilities in a school in which the student has enrolled or intends to enroll, upon written request from such official. School officials may also include those listed in #3 above.

Prior to release of any records or information under items 5, 6, 7, 8, and 9, above, the District will provide prompt written notice to the parents or eligible student of this intended action. This notification will include a statement concerning the nature and substance of the records to be released and the right to inspect, copy, and challenge the contents.

The District may release student records or information in connection with an emergency, without parental consent, if the knowledge of such information is necessary to protect the health or safety of the student or other persons. The records custodian will make this decision, taking into consideration the nature of the emergency, the seriousness of the threat to the health and safety of the student or other persons, the need for such records to meet the emergency, and whether the persons to whom such records are released are in a position to deal with the emergency. The District will notify the parents or eligible student, as soon as possible, of the information released, date of the release, the person, agency, or organization to whom the release was made, and the purpose of the release.

The District may disclose, without parental consent, student records or information to the youth court and law enforcement authorities, pertaining to violations of the Montana Youth Court Act or criminal laws by the student.

The District will comply with an ex parte order requiring it to permit the U.S. Attorney

General or designee to have access to a student’s school records without notice to or consent of the student’s parent(s)/guardian(s).

The District charges a nominal fee for copying information in the student’s records. No parent or student will be precluded from copying information because of financial hardship.

A record of all releases of information from student records (including all instances of access granted, whether or not records were copied) will be kept and maintained as part of such records. This record will be maintained for the life of the student record and will be accessible only to the parent or eligible student, records custodian, or other person. The record of release will include:

Information released or made accessible.
Name and signature of the records custodian.
Name and position of the person obtaining the release or access.
Date of release or grant of access.
Copy of any consent to such release.

This requirement does not apply to the following:

A release of information to the parent or eligible student;
A release of information to a teacher or other school officials with a legitimate educational interest in accessing the records;
A release of information to a party with written consent from the parent or eligible student;
A release of information to a party seeking directory information; or
A release of information in compliance with any of the following:

A Federal grand jury subpoena and the court has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed;
Any other subpoena issued for a law enforcement purpose and the court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed; or
An ex parte court order obtained by the United States Attorney General (or designee not lower than an Assistant Attorney General) concerning investigations or prosecutions of an offense listed in 18 U.S.C. 2332b(g)(5)(B) or an act of domestic or international terrorism as defined in 18 U.S.C. 2331.

Directory Information

The District may release certain directory information regarding students, except that parents may prohibit such a release. Directory information will be limited to:

Student’s name

Address

Telephone listing

Electronic mail address

Photograph (including electronic version)

Date and place of birth

Major field of study

Dates of attendance

Grade level

Enrollment status (e.g., undergraduate or graduate; full-time or part-time)

Participation in officially recognized activities and sports

Weight and height of members of athletic teams

Degrees

Honors and awards received

Most recent educational agency or institution attended

The notification to parents and students concerning school records will inform them of their right to object to the release of directory information. The School District will specifically include information about the missing children electronic directory photograph repository permitting parents or guardians to choose to have the student's photograph included in the repository for that school year; information about the use of the directory photographs if a student is identified as a missing child; and information about how to request the student's directory photograph be removed from the repository.

Military Recruiters/Institutions of Higher Education/Government Agencies

Pursuant to federal law, the District is required to release the names, addresses, and telephone numbers of all high school students to military recruiters and institutions of higher education upon request.

The Montana Superintendent of Public Instruction may release student information to the Montana Commissioner of Higher Education and Montana Department of Labor and Industry for research purposes after entering into agreement with Commissioner and Department. If the Superintendent of Public Instruction offers a statewide assessment that serves as a college entrance exam, the student’s personally identifiable information may be released to colleges, state-contracted testing agencies, and scholarship organizations with student consent.

The notification to parents and students concerning school records will inform them of their right to object to the release of this information.

Student Record Challenges

The District shall give a parent or eligible student, on request, an opportunity for a hearing to challenge content of the student’s education records on the grounds that the information contained in the education records is inaccurate, misleading, or in violation of the privacy rights of the student.

The hearing required by 34 C.F.R. 99.21 must meet, at a minimum, the following requirements:

The District shall hold the hearing within a reasonable time after it has received the request for the hearing from the parent or eligible student.
The District shall give the parent or eligible student notice of the date, time, and place, reasonably in advance of the hearing.
The hearing may be conducted by any individual including an official of the District who does not have direct interest in the outcome of the hearing.
The District shall make its decision in writing within a reasonable amount of time after the hearing.
The decision must be based solely on the evidence presented at the hearing, and must include a summary of the evidence and the reasons for the decision.

The parent or eligible student has:

The right to present evidence and to call witnesses;
The right to cross-examine witnesses;
The right to counsel;
The right to a written statement of any decision and the reasons therefor;

The parents may insert a written statement of reasonable length describing their position on disputed information. The school will maintain the statement with the contested part of the record for as long as the record is maintained and will disclose the statement whenever it discloses the portion of the record to which the statement relates.

Cross Reference: 2132 Student and Family Privacy Rights

3110F Education Authorization Affidavit

3235 Video Surveillance

3608 Receipt of Confidential Records

Legal Reference: 20-1-212 Destruction of Records by school officer

20-5-201 Duties and Sanctions

20-7-104 Transparency and public availability of public school

preformance data

20-7-1317 Electronic directory photograph repository

40-4-225 Access to records by parent

40-6-701 Interference with fundamental parental rights restricted

41-3-201 Reports

41-5-215 Youth court and department records

10.55.909 Student Records

10.55.910 Student Discipline Records

20 U.S.C. § 1232g, et seq. Family Education Rights and Privacy Act

34 C.F.R. 99 et seq. Family Education Rights and Privacy Act

Policy History:

Adopted on: 7/11/2005

Revised on: 4/27/2009, 6/01/2009, 8/01/2011, 7/2012, 2/18/2013, 8/12/2013, 3/02/2014, 6/02/2014,

11/24/2014, 7/28/2016, 11/29/2016, 2/25/2026

Bozeman Public Schools

STUDENTS

Form 3600F1

Student Records

Notification to Parents and Students of Rights Concerning a Student’s School Records

This notification may be distributed by any means likely to reach the parent(s)/guardian(s).

The District will maintain two (2) sets of school records for each student: a permanent record and a cumulative record. The permanent record will include:

Basic identifying information

Academic work completed (transcripts)

Level of achievement (grades, standardized achievement tests)

Immunization records (per § 20-5-506, MCA)

Attendance record

Statewide student identifier assigned by the Office of Public Instruction

Record of any disciplinary action taken against the student, which is educationally related

The cumulative record may include:

Intelligence and aptitude scores

Psychological reports

Participation in extracurricular activities

Honors and awards

Teacher anecdotal records

Verified reports or information from non-educational persons

Verified information of clear relevance to the student’s education

Information pertaining to release of this record

Disciplinary information

The Family Educational Rights and Privacy Act (FERPA) affords parents/guardians and students over eighteen (18) years of age (“eligible students”) certain rights with respect to the student’s education records. They are:

The right to inspect and copy the student’s education records, within a reasonable time from the day the District receives a request for access.

“Eligible” students, who are eighteen (18) years of age or older, have the right to inspect and copy their permanent record. Parents/guardians or “eligible” students should submit to the school principal (or appropriate school official) a written request identifying the record(s) they wish to inspect. The principal will make, within forty-five (45) days, arrangements for access and notify the parent(s)/ guardian(s) or eligible student of the time and place the records may be inspected. The District charges a nominal fee for

copying, but no one will be denied their right to copies of their records for inability to pay this cost.

The rights contained in this section are denied to any person against whom an order of protection has been entered concerning a student.

The right to request amendment of the student’s education records which the parent(s)/guardian(s) or eligible student believes are inaccurate, misleading, irrelevant, or improper.

Parents/guardians or eligible students may ask the District to amend a record they believe is inaccurate, misleading, irrelevant, or improper. They should write the school principal or records custodian, clearly identifying the part of the record they want changed, and specify the reason.

If the District decides not to amend the record as requested by the parent(s)/guardian(s) or eligible student, the District will notify the parent(s)/guardian(s) or eligible student of the decision and advise him or her of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent(s)/guardian(s) or eligible student when notified of the right to a hearing.

The right to permit disclosure of personally identifiable information contained in the student’s education records, except to the extent that FERPA or state law authorizes disclosure without consent.

Disclosure is permitted without consent to school officials with legitimate educational or administrative interests. A school official is a person employed by the District as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the Board; a person or company with whom the District has contracted to perform a special task (such as contractors, attorneys, auditors, consultants, or therapists); volunteers; other outside parties to whom an educational agency or institution has outsourced institutional services or functions that it would otherwise use employees to perform; or a parent(s)/guardian(s) or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks.

A school official has a legitimate educational interest, if the official needs to review an education record in order to fulfill his or her professional responsibility.

Upon request, the District discloses education records, without consent, to officials of another school district in which a student has enrolled or intends to enroll, as well as to any person as specifically required by state or federal law. Before information is released to individuals described in this paragraph, the parent(s)/guardian(s) will receive written notice of the nature and substance of the information and an opportunity to inspect, copy, and challenge such records. The right to challenge school student records

does not apply to: (1) academic grades of their child, and (2) references to expulsions or

out-of-school suspensions, if the challenge is made at the time the student’s school student records are forwarded to another school to which the student is transferring.

Disclosure is also permitted without consent to: any person for research, statistical reporting, or planning, provided that no student or parent(s)/guardian(s) can be identified; any person named in a court order; and appropriate persons if the knowledge of such information is necessary to protect the health or safety of the student or other persons.

The right to a copy of any school student record proposed to be destroyed or deleted.

The right to prohibit the release of directory information concerning the parent’s/ guardian’s child.

Throughout the school year, the District may release directory information regarding students, limited to:

Student’s name

Address

Telephone listing

Electronic mail address

Photograph (including electronic version)

Date and place of birth

Major field of study

Dates of attendance

Grade level

Enrollment status (e.g., undergraduate or graduate; full-time or part-time)

Participation in officially recognized activities and sports

Weight and height of members of athletic teams

Degrees

Honors and awards received

Most recent educational agency or institution attended

Any parent(s)/guardian(s) or eligible student may prohibit the release of all of the above information by delivering written objection to the building principal within ten (10) days of the date of this notice. No directory information will be released within this time period, unless the parent(s)/guardian(s) or eligible student are specifically informed otherwise. When a student transfers, leaves the District, or graduates, the school must continue to honor a decision to opt-out, unless the parent or student rescinds the decision.

A parent or student 18 years of age or an emancipated student, may not opt out of directory information to prevent the district from disclosing or requiring a student to disclose their name [identifier, institutional email address in a class in which the student is enrolled] or from requiring a student to disclose a student ID card or badge that exhibits information that has been properly designated directory information by the district in this policy.

The right to request that information not be released to military recruiters and/or institutions of higher education.

Parent(s)/guardian(s) or eligible students may request in writing that the District not release this information

without the prior written consent of the parent or eligible student, and the District will comply with the

request.

The right to file a complaint with the U.S. Department of Education, concerning alleged failures by the District to comply with the requirements of FERPA.

The name and address of the office that administers FERPA is:

Family Policy Compliance Office

U.S. Department of Education

400 Maryland Avenue, SW

Washington, DC 20202-4605

Cross Reference 2132 Student and Family Privacy Rights

2158 Parent/Family Engagement and Involvement in Education Policy