TC-4000-1
4000—BUSINESS
MANAGEMENT
SN: Excludes
fiscal management.
4015 Insurance Program (Cf. 1190, 1220)
Liability Insurance
Worker’s Compensation
Unemployment Insurance
4040 Safety (Cf. 8590)
Fire and Tornado Drills
Bomb Threats
School Safety Plans
Safety Inspections
4050 Environmental Health and Safety - Employee Indemnification
Toxic Hazards and Asbestos (Cf. 5340, 5380)
4080 Emergency Closings
4090 Traffic and Parking Controls (Cf. 8640)
4110 Security
Notification by School Personnel of Crimes Being Committed
4120 Theft and Vandalism
4250 Printing and Duplicating Services - Copyright
Employee Produced Material
Copyright Compliance and Computer Software Copyright
4300 Student Transportation Management (Cf. 4320, 4360)
4320 School Vehicles (Cf. 4300)
Liability
Safety
Safety Inspection
Records
Licensing of Drivers
School Bus Safety Program
Surveillance Monitoring System or Other Electronic Surveillance Devices
4350 Student Transportation in Vehicles Other than School Vehicles
(Cf. 7490)
4360 Senior Citizen Transportation
4365 Special Use of Transportation Service
4450 Food Service Management
4500 Technology (Cf. 2810, 8940)
New Programs
Upgrades
Data Dissemination
Education and Instruction
TC-4000-2
4505 Electronic Mail
4510 Computer Network
System Integrity and Security
Network Use
Limiting Access
SN: The following includes new construction as well as related
activities such as acquiring sites, plant remodeling or modernizing and leasing
or renting property to meet expansion needs.
4601 Facilities Development Goals
4750 Naming Facilities
Senior High Schools
Middle Schools
Elementary Schools
General Guidelines
4770 Selection of an Architect (Cf. 4910)
4890 Supervision of Construction (Cf. 4770)
4900 Fair Employment Clause
4910 Affidavits and Guarantees (Cf. 4770)
4919 Change Orders
4950 Board Inspection of New or Remodeled Facilities
4960 Retirement of Facilities (Cf. 4601)
4015 Insurance Program (Cf. 1190, 1220) 4015
The District shall insure District
property unless otherwise directed by the District electors.[1] Such insurance may be obtained from companies
licensed to do business in the State of
Except in unusual circumstances, all insurance shall be purchased based on bids, taking into consideration cost, service, potential dividends, and any other factors that may be of benefit to the District.
The Superintendent shall be responsible to develop specifications for all forms of insurance and make recommendations to the Board.
Liability Insurance
Liability insurance shall be provided to cover Board members, employees of the District, and authorized agents and volunteers while performing in the responsibilities relating to District business and operations.[2]
Worker’s Compensation
Worker’s Compensation insurance shall be carried for all employees as provided by law.
4015 Insurance Program 4015-2
Unemployment Insurance
The District shall establish a reserve fund for the purpose of meeting the obligations incurred as a result of laws covering unemployment insurance. The amount of such funds shall be reviewed annually in relationship to obligations experienced over past years and anticipated obligations for the ensuing year.
Approved: July 11, 2001
Reviewed:
LEGAL REF: MCL 380.1269; 380.1332; 691.1405-1406; 691.1409
4040 Safety (Cf. 8590) 4040
The District and its administrative staff shall make every effort to provide a safe environment for students to study and play and for all employees to fulfill their employment duties and responsibilities.[3] The District’s administrative staff shall develop safety rules and practices. These rules shall be reviewed annually with all employees and students.
Fire and Tornado Drills
Fire and Tornado drills shall be conducted as outlined in current law.[4]
Bomb Threats
The Board is committed to providing a safe learning environment for students and staff members. In keeping with this commitment, all bomb threat calls will be taken seriously and handled appropriately after all facts have been considered. All school personnel shall be familiar with the bomb threat policy and procedural guidelines. All bomb threats will be evaluated on their merits and responded to using the District guidelines.
School Safety Plans
All schools shall develop school safety plans designed to increase their school’s ability for maintaining an orderly and safe school-wide learning environment. The plans shall be submitted annually to the Office of School Safety for review.
4040 Safety (Cf. 8590) 4040-2
Safety Inspections
The Superintendent, building principals and maintenance personnel shall inspect each attendance center, playgrounds and playground equipment, boilers, bleachers and other such areas to determine whether said facilities or play areas are in adequate repair and free of harmful defects under a schedule developed by the Superintendent.
Approved: July 11, 2001
Reviewed:
LEGAL REF: MCL 380.1288; R 340.1301-1305; 29.19
4050 Environmental Health and Safety – Employee Indemnification 4050
(Cf 5340, 5380)
Toxic Hazards and Asbestos
The District is concerned for the safety of students, staff, and the general public and shall attempt to comply with all federal and state statutes and regulations to protect them from hazards that may result from industrial accidents beyond the control of District officials, from the presence of asbestos materials used in previous construction, and from hazardous materials present in the District.[5]
A District employee shall be appointed to serve as the designated person who shall carry out the requirements of the Asbestos Hazard Emergency Response Act (AHERA), the Michigan Occupational Safety and Health Act, and the Michigan Right-To-Know rules and regulations.
The Superintendent may appoint a person(s) to develop and implement the District’s approved asbestos management plan and shall develop a specific job description, which shall ensure proper compliance with federal[6] and state laws[7] and the appropriate instruction and in-service of staff and students.
The District shall, through either a separate contract, a sub-clause to an existing contract, or as a part of a negotiated master contract, defend, hold harmless, and indemnify current and former District employees who have been assigned the responsibilities related to the AHERA regulations from any and all demands, claims, suits, actions, and proceedings brought against those individuals as agents and/or employees of the District, provided that any such incidents arose while those individuals were acting within the scope of their respective employment contracts and were not intentional, negligent, or criminal acts.
4050 Environmental Health and Safety - Employee Indemnification 4050-2
The District shall attempt to maintain a secure liability insurance to help serve as a means of implementing this policy.
Approved: July 11, 2001
Reviewed:
LEGAL REF: MCL 380.623(b); 380.1256(1)(2); 388.864; Michigan Occupational Safety and Health Act; Michigan Right-To-Know Rules and Regulations; Asbestos Emergency Response Act; Asbestos Abatement Contractors Licensing Act
4080 Emergency Closings 4080
The Superintendent is authorized to close the schools in case of inclement weather or other emergency that makes it unsafe for students to attend school. The Superintendent may delay the opening of school in cases of inclement weather or other emergencies until such hour as it is anticipated conditions are safe to hold school. The Superintendent shall develop a process to make appropriate information available on which to base the decision.
In the event of an unscheduled, general shutdown of the entire school district or individual buildings due to inclement weather, as determined by the Superintendent, District employees are governed by the following guidelines:
1. All District personnel, with the exception of employees covered by the Master Teacher Contract, will be expected to report to work unless notified to the contrary via local media sources. Employees who are unable to report to work because of emergency conditions may use a sick and emergency leave day, as permitted under the terms of the appropriate master agreement.
2. Employees of the executive committee, administrative, professional, non-teaching, and technical salary schedules may, if they are unable to report to work, be allowed to take sick and emergency leave days or non-working days for the duration of the emergency, or for the period during which they are unable to report to work, whichever is shorter.
Approved: July 11, 2001
Reviewed:
4090 Traffic and Parking Controls 4090
The District in consultation with the building principal
shall develop and implement plans for accommodating the flow of traffic on
school roadways, issue traffic regulations, and have responsibility for the
assignment of parking areas to staff, students, and visitors to the schools.[8] Convenient parking spaces shall be designated
for handicapped persons. Parking on
sidewalks, grassy areas and undesignated areas is prohibited.
Approved: July 11, 2001
Reviewed:
LEGAL REF: AG Opinion #6657
4110 Security 4110
The District shall attempt, through the entire staff, to ensure that students, staff, patrons and all property owned by the District are protected at all times from possible damage or injury, outside intrusion or disturbances occurring on school grounds or in school buildings.[9]
Notification by School Personnel of Crimes Being
Committed
Employees/volunteers of the District, have a right and duty to report unlawful acts to the proper authorities.
Witnesses of such unlawful acts should report them to the proper authorities, the school principal or an immediate supervisor. The assistance of the police-school liaison officer should be requested immediately.
In certain types of offenses, such as traffic in drugs or other dangerous materials in or near the schools, the police have requested that a direct report be made to them before other action is taken. This procedure is recommended to prevent jeopardizing a case the police may already be investigating.
Approved: July 11, 2001
Reviewed:
LEGAL REF: MCL 380.1291
4120 Theft and Vandalism (Cf. 8350) 4120
The District shall institute an on-going program
designed to prevent vandalism. Major
acts of vandalism shall be reported to the Board upon occurrence. The costs of
all vandalism shall be made on an annual basis.
Students found guilty of any
form of theft or vandalism shall be disciplined in accordance with the
District’s discipline policy, including possible suspension or expulsion from
school.[10] Employees found guilty of theft or vandalism
in the schools shall be disciplined up to and including discharge.
Any known or suspected damage to, or unauthorized removal from, school property, equipment or supplies, shall be promptly reported to the Superintendent, along with any information which may assist in its recovery or replacement.
Recovery of damage and/or losses shall be sought from the person or persons involved; in the case of minors, from their parent(s) or guardian(s) under the laws that hold parent(s) or guardian(s) liable for any loss or damage.[11]
Approved: July 11, 2001
Reviewed:
LEGAL REF: MCL 600.2913, 380.1311
4250 Printing and Duplicating Service - Copyright 4250
The District shall make duplicating equipment available for administrative and instructional use to the extent that is economically feasible and practical according to the needs of the District.
The extent of production of instructional materials by clerical staff shall be determined by the building principal, who shall develop guidelines for requesting such services.
The copyright laws of the United States make it illegal for anyone to duplicate copyrighted materials without permission. Severe penalties are provided for unauthorized copying of all materials covered by the act unless the copying falls within the bounds of the “fair use,” as set forth in 4250-R.
Employee Produced Material
The District has certain proprietary right to publications, devices and instructional materials produced by District employees during their regular and normal workdays while in the employment of the District. All items prepared by District employees on District time, including data processing programs, shall become the property of the District. The District may elect to copyright or patent such materials, devices or programs in the name of the District. All earnings or profits from such original materials, devices or programs shall become assets of the District.
The Superintendent shall, through regulations, inform staff of the guidelines for use of copyright materials.
Copyright Compliance and Computer Software Copyright
The District shall adhere to the provisions of the U.S. copyright laws regarding the duplication of computer software programs. The Superintendent shall develop appropriate procedures for staff to follow in this area.
Approved: July 11, 2001
Reviewed:
4250-R Printing and Duplicating Services - Copyright 4250-R
In accordance with Policy 4250, the following regulations will be observed to comply with the copyright laws of the United States.
Under the “fair use” doctrine, unauthorized reproduction of copyrighted materials is permissible for such purposes as criticism, comment, news reporting, teaching, scholarship or research. If duplicating or altering a product is to fall within the bounds of fair use, these four standards must be met for any of the purposes:
THE PURPOSE AND CHARACTER OF THE USE: The use must be for such purposes as teaching or scholarship and must be non-profit. Fair use would probably allow teachers acting on their own to copy small portions of work for the classroom but would not allow a school system or an institution to do so.
THE NATURE OF THE COPYRIGHTED WORK: Copying portions of a news article may fall under fair use but not copying from a workbook designed for a course of study.
THE AMOUNT AND SUBSTANTIALITY OF THE PORTION USED: Copying the whole of a work cannot be considered fair use; copying a small portion may be. At the same time, however, extracting a short sequence from a 16mm film or videotape may be far different from a short excerpt from a textbook, because two or three minutes out of a 20-minute film might be the very essence of that production and thus outside fair use. Under normal circumstances, extracting small amounts out of an entire work would be fair use, but a quantitative test alone does not suffice.
THE EFFECT OF THE USE UPON THE POTENTIAL MARKET FOR, OR VALUE OF, THE COPYRIGHTED WORK: If resulting economic loss to the copyright holder can be shown, even making a single copy of certain materials is an infringement, and making multiple copies presents the danger of greater penalties.
Prohibited Practice
A teacher may not make multiple copies of a work for classroom use if it has already been copied for another class in the same institution; make multiple copies of a
4250-R Printing and Duplicating Services - Copyright 4250-R-2
short poem, article, story, or essay from the same author more than once in a class term or make multiple copies from the same collective work or periodical issue more than three times a term; make multiple copies of works more than nine times in the same class term; make a copy of works to take the place of an anthology; and may not make a copy of “consumable” materials, such as workbooks.
Permitted Practice
A teacher may make—for use in scholarly research, in teaching or in preparation for teaching a class—a single copy of the following: a chapter from a book; an article from a periodical or newspaper; a short story, short essay or short poem (whether or not from a collected work); a chart, graph, diagram, drawing, cartoon or picture from a book, periodical or newspaper; may make (for classroom use only and not to exceed one per student in a class) multiple copies of the following: a complete poem (if it has fewer than 250 words and is printed on not more than two pages), an excerpt from a longer poem (if the excerpt has fewer than 250 words), an excerpt from a prose work (if the excerpt has fewer than 1,000 words or 10 percent of the work, whichever is less) and one chart, graph, diagram, cartoon or picture per book or periodical.
A library may, for interlibrary-loan purposes, make up to six copies a year of a periodical published within the last five years, make up to six copies a year of small excerpts from longer works, make copies of unpublished works for purposes of preservation and security and make copies of out-of-print works that cannot be obtained at a fair price.
Off-Air Recording of Broadcast Programing for Education Purposes
A broadcast program may be recorded off-air simultaneously with broadcast transmission (including simultaneous cable re-transmission) and retained for a period not to exceed the first 45 consecutive calendar days after date of recording. Upon conclusion of such retention period, all off-air recordings must be erased or destroyed immediately.
4250-R Printing and Duplicating Services - Copyright 4250-R-3
Off-air recordings may be used once by individual teachers in the course of relevant teaching activities and repeated once, only when instructional reinforcement is necessary, in classrooms and similar places devoted to instruction within a single building, cluster or campus, as well as in the homes of students receiving formalized home instruction, during the first 10 consecutive school days in the 45 day calendar day retention period. “School days” are school session days—not counting weekends, holidays, vacations, examination periods or other scheduled interruptions—within the 45 calendar day retention period.
Off-air recordings may be made only at the request of, and use by, individual teachers and may not be regularly recorded in anticipation of requests. No broadcast program may be recorded off-air more than once at the request of the same teacher, regardless of the number of times the program may be broadcast.
A limited number of copies may be reproduced from each off-air recording to meet the legitimate needs of teachers under these guidelines. Each such additional copy shall be subject to all provisions governing the original recordings.
After the first 10 consecutive school days, the teacher may use up off-air recordings to the end of the 45-calendar day retention period only for evaluation purposes, i.e., to determine whether or not to include the broadcast program in the teaching curriculum. They may not be used for student exhibition or any other non-evaluation purpose without authorization.
Off-air recordings need not be used in their entirety, but the recorded programs may not be altered from their original content. Off-air recordings may not be physically or electronically combined or merged to constitute teaching anthologies or compilations.
All copies of off-air recordings must include the copyright notice on the broadcast programs as recorded.
4250-R Printing and Duplicating Services - Copyright 4250-R-4
Software
Software developed by District employees shall conform to the copyright and patent provisions prescribed in District policy. District employees shall adhere to ethical practices when using commercially developed software for the purpose of developing individualized programs to meet the District’s needs.
Software Royalties
Software marketed with private organizations or other educational agencies may produce royalties in the form of financial remuneration, equipment or other material or devices. The Superintendent shall determine the allocation and deposit of all royalties.
Employee Produced Material
The Superintendent shall maintain full use, rights and privileges on all software, manuals, devices, documents and programs and related materials developed by staff during work periods for which they are compensated.
Computer Software Copyright
It shall be a violation of District policy and U.S. copyright laws to use “pirated” or otherwise illegally obtained computer software for use on District- owned equipment, whether for instructional, administrative, or any other purpose. The use of District equipment to make unauthorized copies of District-owned, privately owned, or illegally obtained computer software is prohibited.
In an effort to discourage violations of copyright laws and to prevent illegal uses of the District’s computer system:
(a) The proper use of computers will be taught through planned computer curriculum and computer related instruction for students and staff will address the ethical and practical problems caused by software piracy;
(b) District employees shall adhere to all provisions of the U.S. copyright laws that allow for the making of back-up copies of computer programs.
4250-R Printing and Duplicating Services - Copyright 4250-R-5
“…it is not an infringement of the owner of a copy of a computer program to make or authorize the making of the copy or adaptation of that computer program provided: that such a new copy of adaptation is created as an essential step in the utilization of the computer program in conjunction with the machine and that it is used in no other manner, or that such a new copy or adaptation is for archival purposes only and that all archival copies are destroyed in the event that continued possession of the computer program should cease to be rightful.”
(c) When software is being used on a disk sharing system, efforts will be made to
secure the software from copying;
(d) Illegal copies of copyrighted programs may not be made or used on District
equipment;
(e) The Superintendent is responsible for signing license agreements for software. Each
school using the software must have a copy of the signed software duplication agreement.
(f) No District employee will illegally access any database or electronic bulletin board;
(g) No District employee will encourage or allow any student to illegally duplicate computer software or access any data base or electronic bulletin board; and
(h) Each principal is
responsible for establishing practices that will enforce the District’s
copyright policy at the school level.
4300 Student Transportation Management 4300
The District shall provide safe, economical
transportation to the students of the District.[12] The use of buses by the District shall
conform to state law.[13] The Superintendent shall establish school bus
routes.
Students must observe the rules and regulations adopted by the District that govern student transportation. Students will also be subject to the Code for Student Conduct while riding school buses. The District may suspend or revoke the transportation privilege or entitlement of any student who violates rules or regulations adopted by the District.
Bus drivers shall report violations of said rules to the appropriate administrator who shall take the necessary steps to discipline students according to District policy.[14]
All such rules shall be published in the Code for Student Conduct given to students and parents/guardians at the beginning of each school year.
Approved: July 11, 2001
Reviewed:
LEGAL REF: MCL 380.1321-1322; 380.1331; 380.1333; 380.1336; 388.1010; R 340.1702; R 340.271-279; R 340.281-282; 257.1801 et seq.; Michigan Department of Education Transportation Handbook (Bulletin 431)
4300-R Student Transportation Management (Cf. 4320, 4360) 4300-R
District transportation equipment shall be used only for the transportation of students to and from school and school-sponsored activities. The equipment may be used to furnish transportation to senior citizen groups and other non-profit organizations when this does not conflict with school activities subject to state law and approved by the District.[15] Upon authorization of the Superintendent, adults may be permitted to ride school buses to school-sponsored activities.
Student transportation shall be considered a privilege to be enjoyed by a student only as long as he/she accepts responsibility for his/her own conduct, carefully follows all rules and regulations, and positively responds to the directions and requests of the bus driver.[16]
Bus Routes
Careful consideration shall be given to such conditions as safety and hazards, number and ages of students, kind and condition of roads, safe and convenient bus stops, economy of operation, and estimated time necessary to cover the routes. Routes are to be planned to keep individual riding distance and time to a practical minimum.
Distance Eligibility
Students who live 1-1/2 miles from the school that they attend shall be eligible to be transported to school.[17] Students who are enrolled in the Magnet Program in another attendance area shall be eligible to be transported to school. The Superintendent is authorized to make exceptions to these distances if safety conditions warrant.
4300-R Student Transportation Management 4300-R-2
Handicapped Students
A person identified by an Individualized Educational Planning Team (IEPT) to be a “handicapped person” in accordance with R340.1702, who would otherwise be unable to participate in an appropriate special education program or service operated or contracted by the Intermediate School District, shall be eligible for only that additional transportation determined by the team to be necessary for the person to participate.
Non-Public School Students
A student enrolled in a non-public school within the boundaries of the School District of the City of Flint shall be eligible for transportation to the public school that the student would otherwise attend. This transportation shall be along the regular routes according to the same eligibility provisions and schedules in effect for public school students, except that the non-public school student shall then be eligible for transportation from the public school to the closest non-public school located in the District that the student is eligible to attend or to a point within the District from which he/she may have available transportation to the non-public school in accordance with state law.
When the District provides transportation to public school students of a given grade classification (other than for special education) attending public schools outside the District, non-public school students of the same grade classification shall then be eligible for transportation in the same general direction for approximately the same distance to non-public schools located outside the District.
Riding a Different Bus
Students who wish to ride a different bus for a specific purpose on a particular day may do so providing they present written permission from their parents/guardians to the principal and receive approval. Students shall not be transported to different stops for
4300-R Student Transportation Management 4300-R-3
birthday parties, social events or any program not sponsored by the District. The same policy shall apply to a non-bus student who on a specific occasion has a justifiable reason for riding a school bus to a specific destination.
Bus Driver Responsibilities
Bus drivers shall have such duties and responsibilities as prescribed by the Superintendent.
Unavailability of Buses
The transportation supervisor shall notify each building principal any time it is necessary to reduce the number of buses transporting students home. The principal shall then notify the necessary staff members and shall then insure that the school telephones be monitored for at least 45 minutes after the last bus departs.
4320 School Vehicles (Cf. 4300-R) 4320
School vehicles shall not be loaned, leased or subcontracted to any person, groups of persons or organizations except as allowed by law and subject to District approval.
No school vehicle of any type shall be used by any student, school employee, patron or any organization to transport anyone to or from a religious activity.
No public funds shall be spent by the District to hire, rent or lease any form of transportation to be used by any student, school employee, patron or any organization to transport anyone to or from a religious activity.
Liability
All school vehicles shall be adequately insured.
Safety
Every bus driver shall have authority and responsibility for the passengers riding in school buses.[18]
Safety Inspection
All school vehicles shall be inspected annually prior to the opening of school.
Records
The District shall maintain accurate records pertaining to each District vehicle. The Superintendent shall develop the types of records.
Licensing of Drivers
Michigan laws and regulations of the Michigan Department of Education set standards for the physical fitness,[19] competence, experience, training, and proper licensing
4320 School Vehicles 4320-2
of school bus drivers.[20] The Superintendent is directed to ensure that these legal requirements and regulations are strictly complied with.
Revocation of license, inability to secure a proper license, or accumulation of traffic violation points shall serve as sufficient cause for immediate dismissal from employment.[21]
School Bus Safety Program
The Superintendent and building principals shall develop and publish school bus safety rules for bus drivers and students.
Surveillance Monitoring System or Other Electronic
Surveillance Devices
Surveillance monitoring system may be used on school
buses to ensure the health, welfare and safety of the bus driver and the
students riding the bus and to protect the bus from vandalism. Other electronic surveillance systems (i.e.
GPS) may be installed on all Districts vehicles.
The District shall notify staff and students that surveillance monitoring systems may occur on school buses.
The recordings of students and staff on monitoring systems are records and are subject to District policy and procedure concerning student and personnel records. Only those people with a legitimate educational or administrative purpose may view the recordings. In most instances, individuals with a legitimate educational or administrative purpose will be the Superintendent, building principal, transportation director, bus driver, and sponsor, coach, or other supervisor.
4320 School Vehicles 4320-3
The District shall comply with all applicable state and federal laws related to record maintenance and retention.
Approved: July 11, 2001
Reviewed:
LEGAL REF: MCL 257.
1849-1853; 257.314; 257.316-316a; 388.1474; 15.231 et seq.
4320-R School Vehicles 4320-R
Safety
Any student or other person riding in school vehicles who violates the rules of the District in regard to such passengers shall be reported to the proper administrative official. Violations of said rules by students or other such persons may result in disciplinary action by school officials.[22]
Safety Inspection
Any defect found in a school vehicle shall be repaired as soon as possible. The Superintendent shall be responsible for keeping school vehicles in good operating condition.
Records
Any record developed by the District for the purpose of monitoring vehicle use may include but will not be limited to the following information: miles driven each trip, gas and oil usage, purpose of the trip, destination, time departing and time of return. Such records shall be signed by each driver at the conclusion of each trip and submitted to the person responsible for collection of said records. An annual report tabulating such data in the record shall be used in the compilation of the District’s budget.
Housing of School Vehicles
All school vehicles shall be housed in areas designated
by the Superintendent. Buses will be
housed in the District’s central storage area.
District cars or vans shall be assigned to a designated employee who shall then be responsible for the proper care, maintenance and housing of the vehicle at a District-approved site.
4350 Student Transportation in Vehicles Other Than School Vehicles (Cf 7490) 4350
In scheduling transportation for field trips, the building principals may approve the use of private vehicles in situations in which budget or schedule restrictions make it prohibitive or impractical to use school buses.[23]
Approved: July 11, 2001
Reviewed:
LEGAL REF: MCL 257.57(c)
4360 Senior Citizen Transportation (Cf. 4300R) 4360
School buses may be used by organizations or groups composed of senior citizens, provided that such use does not conflict with the needs of the District for regular or special transportation of students.[24] As permitted by law, groups are expected to pay the actual costs involved. Requests for the use of transportation by senior citizen groups shall be made to the Superintendent whose decision to approve or disapprove use shall be final.
Approved: July 11, 2001
Reviewed:
LEGAL REF: MCL, 380.1333
4365 Special Use of Transportation Services 4365
Transportation service equipment and personnel shall be used primarily to transport to and from school during the day those public and non-public school students eligible for such transportation.
Transportation service equipment and personnel may be used secondarily to provide transportation for field trips for curricular and extracurricular activities that are part of the educational program.
Transportation equipment and personnel shall not be used for any purpose or activity that is not directly connected with and a part of the regular educational programs within the District except as provided in policy 4360, or by governmental agencies sponsoring approved programs for youth in the community as approved by the Board.
Curricular and Extracurricular Field Trips
The building Principals shall be authorized to approve the use of buses for field trips for curricular and extracurricular activities upon submission of requests from classroom teachers or faculty sponsors of extracurricular activities.
No fees shall be charged for transportation for field trips which are mandatory or which are a part of the regular classroom or curricular program of the schools.
Only students enrolled in the District and chaperones authorized by the school shall be allowed to ride buses on curricular or extracurricular field trips. The building Principal may authorize parents/guardians and/or other residents of the community to ride buses to school-sponsored activities if sufficient space is available. In all cases, students shall come first.
Approved: July 11, 2001
Reviewed
LEGAL REF: MCL 380.1331-1333; 257.682b; 340.241-243
4450 Food Service Management 4450
A school food service program and supplemental milk program shall be made available to all full time students enrolled and in regular attendance in the District.[25]
A food service supervisor shall be hired to oversee the District’s lunch services.[26] The supervisor’s responsibilities shall include the efficient operation of all school cafeterias, the administration of menus, quality and the serving of food, employment and dismissal of cafeteria personnel and such other responsibilities as determined by the Superintendent.
The District shall participate in the surplus foods program operated under the U.S. Department of Agriculture. The Superintendent shall determine the extent of participation based upon need and economic feasibility.
A system of accounts shall be designed and be operative which sets forth separately all revenues and disbursements of the food service operation as required by law and for management information purposes.
It should be the financial objective of the food service program to maintain fiscal operations on a break-even basis. Daily lunch fees shall be set by the District to cover actual costs of providing meals, milk, and accessories, including supervision, less the amount of food and financial assistance received from federal, state and other sources for meals and milk.
Free and reduced price lunches shall be provided to eligible students according to standards as prescribed by the U.S. Department of Agriculture.[27] The Superintendent shall make provisions to ensure that information contained in the application for eligibility is kept confidential, and that students receiving free or reduced price lunches
4450 Food Service Management 4450-2
or milk are not discriminated against.
Students eligible for free or reduced price lunches shall not be required to work in the lunch program to an extent more than other students in the school.
The Superintendent shall provide avenues for parent/guardian and student participation in the planning and evaluating of school lunches and other foods dispensed upon school premises.[28]
The control of students using the cafeteria shall be the responsibility of the building principal.
Approved: July 11,2001
Reviewed:
LEGAL REF: MCL 380.1272-1272d
4500 Technology (Cf. 2810, 8940) 4500
New Programs
New technologies or new applications of technology within the District shall be implemented only after careful and thorough planning on the part of administrative staff. Whenever possible, the administrative staff should establish pilot project(s) and evaluate their effectiveness prior to implementing a new technological program on a school-wide or District-wide level. District support shall be given only to those new technologies that substantively improve efficiency, reliability, or learning beyond current or “traditional” practice.
Whenever the District allocates funds for the purchase of new technological hardware or software, an appropriate portion of the funds allocated shall be designated for the training of staff and the development of necessary supplementary materials and documentation.
Upgrades
The District recognizes the need for ongoing upgrading of technological resources within the District, and shall implement a plan and a budgeting process that ensures the regular replacement of aging equipment and software.
The Superintendent shall develop and submit to the Board annually a plan for upgrading the District’s technology resources based on a replacement cycle of not longer than 3 years. The plan shall include recommendations for expansion of resources where appropriate, based on the evaluation of pilot programs, and shall include provisions for staff training and curriculum/materials development. The Board, as a part of the annual budgeting process, shall consider the plan.
4500 Technology 4500-2
Data Management
The Superintendent shall provide for the orderly acquisition of data base software, information processing equipment, networks, and support materials to best use computer technology in support of District administrative and instructional functions. A student database shall be maintained which contains student administrative and instructional information.
The Superintendent shall establish procedures that ensure the security, safety, and confidentiality of District data. Access to District data in any form, including use of database by students, staff, and volunteers, shall be limited in accord with the District policies on Access, E-mail, and computer use. District databases shall be implemented in such a way as to facilitate access to subsets or aggregates of the data that are not confidential.
Education and Instruction
The Superintendent shall ensure that all staff and students are informed and instructed on the ethical uses of data and computer technology.
Approved: July 1, 2001
Reviewed:
LEGAL REF: MCL 15.231 et seq.
4500-R Technology 4500-R
New Programs
Students, teachers, administrative staff, Board members, or members of the community at large may generate pilot technology programs. Prior to consideration of a pilot project, the person(s) desiring to lead the project must submit to the Superintendent or building principal a detailed project proposal and plan, which must include the following:
· The need for the project, its rationale and goals.
· A description of the project, including participants and anticipated benefits or outcomes.
· An itemized list of District support required (financial and otherwise), including hardware and software needs, classroom requirements, staffing, parent/guardian support, and in-service and training expenses.
· A list of other districts, schools, or businesses that have successfully implemented a similar project and may be used as a resource.
· A plan for evaluating and monitoring the project.
· A preliminary plan for expanding the pilot project into a regular District program or offering, including “ballpark” cost estimates.
It is generally recommended that no more than half of a project budget be used for the acquisition of technological hardware, to ensure appropriate training and the development of documentation and support materials. In the case of computer technology, a third for hardware, a third (or less) for software, and a third (or more) for training and materials development is a good rule.
Upon submission of a pilot proposal, the administrator shall review the proposal and its alignment with District goals and objectives, suggest modifications, and make a recommendation to the Superintendent, who may in turn make a recommendation to the Board.
4500-R Technology 4500-R-2
In establishing pilot programs, collaboration with outside agencies, especially local universities, is encouraged. Project leaders should consider the cost-effectiveness of using outside consultants for in-service training and support.
When a project is substantially in place and has been demonstrated to be successful at another school or district, the Superintendent may choose to recommend the implementation of the program without an in-District pilot, provided substantive and complete materials from the other school or district are available along with consultation and support.
Upgrades
District computer equipment shall be depreciated over no longer than a 3-year schedule. Each year, the District shall replace at least one-third of its computer hardware by installing new equipment in critical areas requiring current hardware, and moving older equipment to other applications in the District as appropriate. Additional funds may be allocated to expand computer resources in accord with pilot studies.
District computer software shall be depreciated over no longer than a 3-year schedule. Each year, the District shall order upgrades of software as appropriate and necessary for school operations, and shall allocate funds for the purchase of new software in line with District objectives.
As a general rule, a third of the funds allocated to technology upgrades and improvement should go to hardware and a third to software; the remainder should be allocated for training and development of curriculum and support materials.
The Superintendent
shall develop a process for preparing the three-year technology plan so as to
present it to the Board in advance of the preparation of the general
budget. The process shall consider the
recommendations of District system administrators, administrative and support
staff, students, and community members.
The technology plan for the current year must provide flexibility to
deal with rapid changes in the field, and should project District needs for 3 years
into the future.
4500-R Technology 4500-R-3
Data Management (Cf. 2810, 8940)
The acquisition, upgrade, and necessary support of District data management facilities shall be included in the development of the three-year technology plan submitted to the Board. Any new database software or hardware must provide for appropriate security, and must offer a simple mechanism for the export of subsets and summaries of the data in a text format, in accord with District policies on records. Student records database(s) maintained by the District shall allow for the recording of District and non-District personnel requesting access to a student’s records, in accord with District policy on student records and Michigan law.
The system or database administrator at each site is designated custodian for electronic records. All District database records shall be secured by a multi-level password system or equivalent, which allows the system administrator to control who has read-only, read-write, and full control over records and/or features in the database. Persons authorized to access a database shall be informed of proper security procedures with regard to passwords, and shall be required to change their password on a regular basis. Requests by a staff member for access to specific data outside of what is required for that staff member’s day-to-day job must be directed to the system administrator. Only authorized employees of the District may be given a password or otherwise allowed to directly access any District database. Persons who knowingly allow non-employees, including volunteers or students, to use their password for database access may be subject to discipline.
Each custodian for electronic records shall secure the records by making and maintaining back-up copies of the data on an ongoing basis. Data that is updated frequently should be backed up at the end of each day, and the daily backups made should be retained for two weeks before being re-used to insure against data corruption
4500-R Technology 4500-R-4
that is not detected immediately. In addition to the daily backups, two full backups should be made on a weekly or biweekly basis, with one backup stored off-site to guard against fire or theft loss. Automatic server-based backup systems are encouraged where practical.
Education and Instruction
All District introductory computer classes, media center computer orientations, and classroom computer orientations shall include instruction on the ethics of computer use as an integral part of the curriculum or orientation. Such instruction shall include explanation and familiarization with the District’s policy on computer and network use, and may include a computer code of ethics or other statement of ethical expectations of students. Examples or ethical case studies are highly recommended to help students develop good judgment when confronted by choices during their use of District technology.
Games
Commercial arcade-style games where success is substantially related to physical skill, coordination, and reaction time are not permitted on school computer equipment. Students who as a personal or class programming assignment write an arcade-style game, however, may use school equipment for programming, testing, and debugging at the discretion of the system administrator. Games written by students, or commercial games which are substantially dependent on reasoning skills, problem solving, strategy, critical thinking, or knowledge may be allowed on school equipment as long as their use is not disruptive to the learning environment.
At all times, students and staff who have need of school technology for work related to a class assignment or other curricular project shall have priority over all other users. Staff, and students who are pursuing personal academic research, shall have priority over persons using games.
4500-R Technology 4500-R-5
A Technology Code of Ethics
1. I shall never copy and use software, videos, music, or anyone else’s work that is normally sold for money unless it has justly been paid for. I shall never copy or use anyone else’s work (including software, videos, etc.) without his or her permission.
2. I shall never use technology to distort the truth, to lie, or to misrepresent someone else.
3. I shall never use technology intentionally to harm or harass anyone.
4. All of my chats, my e-mail, my newsgroup and forum postings, my electronic drawings, photographs, videos and music, and everything I publish on the web will be things to which I am proud to sign my name and show to my parents/guardians and teachers.
5. I shall never use my skills for unjust personal gain, to access the private files of others, or to illegally access or damage any computer system.
6. I shall abide by the rules of those whose systems and equipment I use.
7. When I discover an error, a bug, or a weakness in any system, I will report it to the District’s Technology Department so that it may be corrected.
8. I shall be patient and helpful toward those who do not understand technologies as well as I do, and I shall never take advantage of their ignorance.
9. I shall work diligently to guard the rights and freedoms of all technology users, and shall report and attempt to stop anyone who would use technology unjustly.
10. I shall be mindful of the needs of other users, and refrain from monopolizing equipment, bandwidth, storage space, or any other shared resource.
4505 Electronic Mail 4505
Electronic mail is an electronic message that is transmitted between two or more computers or electronic terminals, whether or not the message is converted to hard copy format after receipt and whether or not the message is viewed upon transmission or stored for later retrieval. Electronic mail includes all electronic messages that are transmitted through a local, regional, or global computer network.
All District electronic mail systems are owned by the District and are intended for the purpose of conducting official District business only. District electronic mail systems are not intended for personal use by employees of the District and employees should have no expectation of privacy when using the electronic mail systems.[29]
Users of District E-Mail systems are responsible for their appropriate use. Illegal and improper uses of the electronic mail system, including but not limited to pornography, obscenity, harassment, solicitation, gambling, and violating the copyright or intellectual property rights are prohibited. Use of the electronic mail system for which the District will incur an expense without expressed permission of an administrator is prohibited.
Electronic messages are not for private or confidential matter. Because there is no guarantee of privacy or confidentiality, other avenues of communication should be used for such matters. Except for directory information, student records will not be transmitted by electronic mail.
4505 Electronic Mail 4505-2
The District retains the right to review, store and disclose all information sent over the District electronic mailing systems for any legally permissible reason, including but not limited to determining whether the information is a public record, whether it contains information discoverable in litigation and to access District information in the employee’s absence.
Except as provided herein, District employees are prohibited from accessing another employee’s electronic mail without the expressed consent of the employee. All District employees should be aware that electronic mail messages can be retrieved even if they have been deleted and that statements made in electronic mail communications can form the basis of various legal claims against the individual author or the District.
Electronic mail sent or received by the Board, the District or the District’s employees may be considered a public record subject to public disclosure or inspection.[30] All Board and District electronic mail communications may be monitored.
District employees will be subject to disciplinary action for violation of this policy.
The Superintendent shall ensure that all District employees have notice of this policy and that each District employee is given a form to sign stating they have received and read the policy. The form shall be maintained in the employee’s personnel file.
Approved: July 11, 2001
Reviewed:
LEGAL REF: MCL 15.231-15.246
4510 Computer Network 4510
The Superintendent is authorized to develop services linking computers within and between buildings in the District, and to provide access to the international computer network (Internet) for students and staff. All computer network implementation shall be in line with the District policy on technology and the District’s educational goals.
Use of the computer network(s) as a part of any class or school assignment shall be consistent with the curriculum adopted by the District.[31] The District’s general rules for behavior and communications shall apply when using any computer equipment.
System Integrity
The Superintendent shall designate person(s) trained in computer technology (“system administrators”) at the building and/or district-level to implement the District’s rules and regulations and to provide computer support for students and staff. The Superintendent in concert with the system administrators shall employ hardware and software security to ensure the integrity of the system and to prevent unauthorized access to District and school records.
Network Use
All use of the District’s computer network must be in support of education and/or research and be in the furtherance of the District’s stated mission. Use is a privilege, not a right.[32]
The Superintendent shall develop rules and procedures for computer and network use, and shall see to it that rules are published annually for students, parents/guardians, and staff.
The District’s computer and network use rules shall be consistent with the following requirements:
4510 Computer Network 4510-2
· Users may not use District equipment to perform or solicit the performance of any activity that is prohibited by law.
· Users may not use the system to transmit or publish information that violates or infringes upon the rights of any other person, or information that is abusive, obscene, or sexually offensive.
· The District computer equipment shall not be used for commercial purposes by any user, or for advertisement or solicitation without prior written approval from the Superintendent.
· Except with prior authorization from a system administrator or the owner of the record in question, users may not access or attempt to access the records or files of other users or of the District, nor delete, alter, or otherwise interfere with the integrity of computer-based information or resources.
· Users may not use the electronic mail facility to send unsolicited, bulk, chain, harassing, anonymous, or other messages which are an annoyance to the recipient or which may cause a degradation of system performance.
· Users may not use the network facility to access or bring into the school environment material which is inconsistent with the educational goals of the District, including but not limited to material which is defamatory, abusive, obscene, profane, sexually explicit, threatening, racially offensive, illegal, or which aids or advocates illegal activity other than non-violent civil disobedience.
Limiting Access
The administration may make use of technology that attempts to block access by individual users to networked computers, data, or services that provide content that, in the opinion of the administration, is not in keeping with the educational aims of the District. The administration is encouraged to pursue such technology for the personal accounts of elementary school children where practical.
4510 Computer Network 4510-3
Complaints about content of networked information or access to blocked sites shall be handled in accord with the District’s policy and procedures for complaints about library and instructional materials.
Approved: July 11, 2001
Reviewed:
4510-R Computer Network 4510-R
Planning and funding for computer networking in the District shall be handled in accord with the District’s policy and rules on technology.
Supervised Use
Teachers are encouraged to use the District network in researching material for classes, collaborating with colleagues, developing innovative approaches, or otherwise enhancing their background, skills and teaching. Teachers are encouraged to make use of the District network in their classes when the use of this resource enhances the education of students, is appropriately supervised, and is consistent with District goals and objectives. School administrators shall monitor technology use in the curriculum to ensure its effectiveness and develop ideas for further in-service instruction of staff.
School libraries and media centers will provide networked computers for students and staff to use for research purposes. Library/media center staff shall make every attempt to assist users in the operation of the network and to monitor the content of material being accessed. Academic assignments have priority over personal research.
Any staff member who becomes aware of student network use in violation of the District’s acceptable use rules shall refer the incident to the system administrator for action, and may remove the student from the computer.
Personal Accounts
No student or staff network account shall be activated until the individual has submitted a District request for network access contract and been notified of the District rules for acceptable use of the network. Upon receipt of the contract, the system administrator will provide account, password, and other log-on information and instruction, including an initial disk space allocation where appropriate. Users may request additional disk space, which may be provided by the system administrator according to availability and priority of the use.
4510-R Computer Network 4510-R-2
Violations of Conditions
Upon receiving notification of a violation of District rules or policies, the system administrator may suspend or terminate a user’s personal account. The system administrator may access any and all relevant files of the user in attempting to determine the veracity and/or the extent of the violation.
[Prior to a suspension or termination, or as soon after as is practicable, the system administrator will inform the user of the suspected violation and provide an opportunity for explanation. A user may request a review hearing with the building Principal and/or a different system administrator than the one who imposed the suspension or termination within seven days of the action, if the user feels the action was unjust.][33]
System Integrity and Security[34]
Computer file servers containing student records, employee records, or other sensitive administrative documents shall be maintained on an independent network separated by an electronic “firewall” from unauthorized access by outside entities, including student users. If dial-in access is permitted to this equipment, that number will not be published.
All users, particularly staff, shall be instructed in password security. Passwords in general should not be (solely) English words available in common electronic dictionaries, nor should they be based on information that is readily associated with the user (addresses, phone number, favorite flower, etc.). The system administrator may require a user to change a password if it fails to meet these criteria, or
4510-R Computer Network 4510-R-3
may issue randomly generated passwords to all users. Staff passwords should be changed every three months.
No user should leave a computer that is logged on to the network unattended, and all users should promptly report any suspected breach of security or data integrity to the system administrator.
Limiting Access
School servers will incorporate blocking and filtering software. Additional sites may be blocked by the system administrator in response to a complaint by a student, staff member, or parent/guardian in accord with the District’s procedures on controversial material.
E-mail sites that deposit unsolicited, bulk, chain, or offensive messages on the District server will be blocked. System administrators may also block e-mail following a complaint from any user. Time permitting; an effort will be made by the system administrator to notify the offending system operator of the violation and the District’s desire not to be contacted in the future. The system administrator shall refer repeated violators, along with any case of solicitation for child abuse or other illegal act, to the Superintendent for action in concert with law enforcement authorities.
4510-R Computer Network 4510-R-4
SCHOOL DISTRICT RULES ON ACCEPTABLE USE OF COMPUTER NETWORK RESOURCES
Use
of the computer network is a privilege, not a right. The fundamental rule for use of District
computer network resources is that all use must be consistent with the
District’s educational goals and behavior expectations. Because electronic communications are so
varied and diverse, these rules do not attempt to enumerate all required or
proscribed behavior by system users.
Users are expected to use common sense and adhere to the norms of behavior
in the school community. In particular,
users should:
· Be polite and courteous in all communications and language.
· Assist others in the use of the system, and help others who are looking for ideas or information.
· Post and share information that is interesting and helpful to other users.
· Always use the network as a resource to further their own education and that of others.
· Be mindful of network security, and immediately report any bugs, errors, or security problems to the system administrator.
Users may not:
· Use the District equipment for anything contrary to law, or to solicit others to break any law.
· Illegally copy, send, or distribute any copyrighted software, work, or other material.
· Send, publish, download, access, or retrieve any communication or material that may be defamatory, abusive, obscene, profane, sexually explicit, threatening, racially or ethnically offensive, harassing, or illegal, or anything that violates or infringes on the rights of any person.
· Use the network for any commercial purpose or financial gain.
· Use the network for any advertisement or solicitation without approval from the Superintendent.
· Access, attempt to access, modify, or delete any record or file without permission or authorization.
4510-R Computer Network 4510-R-5
· Make any attempt to harm or destroy the data of any other user or any system on the network, including creating or sending computer viruses, Trojan horses, or similar computer code.
· Use electronic mail to send unsolicited, bulk, chain, harassing, anonymous, or other messages which are commonly considered an annoyance to recipients or degrade system performance.
· Use vulgarity, obscenity, or swearing in messages or electronic postings, or send e-mail/message “flames” or other attacks.
· Attempt to access material or sites that are blocked by the District, or attempt to use the network while access privileges are suspended.
REQUEST FOR COMPUTER NETWORK ACCESS
The District provides access
to our computer network to students and staff, so as to promote and enhance the
learning of our students through communication, innovation, and sharing of
resources. Access to the network is a privilege, not a right, and the District
may restrict, suspend, or terminate any user’s account with or without cause at
any time. In requesting an account for
access to the network, the user agrees to the following terms and
conditions. Failure to abide by these
terms and conditions, or any of the District’s rules and regulations for
computer network use, may result in the loss of privileges, disciplinary
action, and/or legal action.
1. Use of the network must be for the purpose of education and research consistent with the goals of the District.
2. All use of the network must be in accord with the District’s rules on acceptable use of network resources, as updated from time to time by the District.
3. The District makes no warranties of any kind, whether expressed or implied, for the service it is providing. The District will not be responsible for any damages the user suffers, including but not limited to the loss of data, delays, non-deliveries, or service interruptions caused by its negligence or the users’ errors or omissions.
The network provides access to third-party data and information over which the District has no control. Though the District may make efforts to block inappropriate material, users may be exposed to defamatory, inaccurate, or otherwise offensive material. Use of the network or any information obtained via the network is at the user’s own risk. The District specifically denies any responsibility for the accuracy or content of information obtained through its services.
4510-R Computer Network 4510-R-6
4. The user is solely responsible for all charges and fees, including outside telephone, printing, and merchandise purchases made through the network. The District is not
a party to such transactions and shall not be liable for any costs or damages, whether direct or indirect, arising out of network transactions by the user.
5. The user agrees to indemnify the District for any losses, costs, or damages, including reasonable attorney’s fees, incurred by the District relating to or arising out of any breach of the terms of this request for network access.
6. The user acknowledges that the District’s computer network belongs solely to the District and that any files, records, electronic mail or other communication may be examined, edited, or deleted by the District at any time, in accord with District policy or regulations. In general, electronic mail in personal accounts will not be inspected without the consent of the sender or a recipient, except as necessary to investigate a complaint.
7. The user is responsible for regular and prompt payment of any fees charged by the District for network use.
I understand and agree to
abide by the terms of this request for network access, and the District rules
for acceptable use of network resources.
I further understand that should I commit any violation, my access
privileges may be revoked, and school disciplinary and/or appropriate legal
action may be taken. In consideration
for using the District’s network connection and having access to public
networks, I hereby release the school District and its Board members,
employees, and agents from any claims and damages arising from my use, or
inability to use, the network.
______________________________________ ______________________
Signature Date
I have read this request for network access. I understand that it is designed for educational purposes. I recognize that it is impossible for the District to restrict access to all controversial and inappropriate materials available on the network. I will hold harmless the District, its employees, agents, and Board members, for any harm caused by materials obtained via the network. I accept full responsibility for supervision if and when my child’s use is not in a school setting. I consent to the unrestricted release of any of my child’s work, materials, and/or records that my child voluntarily or accidentally places in public-access storage areas on the District network/Internet. I have discussed the terms of this request with my child, and hereby request that my child be allowed access to the District network in accord with these terms.
_________________________________
Parent/Guardian name (please
print)
_________________________________ ___________________________
Signature Date
4510-R Laptop Computer Assignment 4510-R-7
Responsibilities and Conditions of Assignment
Purpose
This document, Laptop Computer Assignment, is designed to promote a mutual agreement between the District and all staff using District-owned laptop computers.
Objective
To provide a uniform distribution and inventory of the District’s laptop computers.
Scope
This policy applies to:
All the District’s employees including regular, temporary, part-time, and contract employees, and to all other users of any of the District’s laptop computers regardless of their affiliation, all the District’s owned or operated laptop computers, which are subscribed to and paid for by the District.
All staff assigned a laptop/notebook or other portable computer equipment shall sign this form. This form is a record of assignment, loan, and acknowledgement of both Board of Education Policy and Administrative Guide.
GUIDELINE ELEMENTS
· The person to whom the laptop computer is assigned is completely responsible for the care and use of the laptop computer. He/she must comply with District policy and guidelines.
· The laptop computer is, and remains, the property of the District and will be on assignment to you for as long as you are an employee of the District, and you fulfill your District duties and responsibilities, your staff development training obligations, and such other requirements as may be made at a future time. The District may recall the laptop computer at any time. This equipment is to be used for educational purposes and is to be used by you in the course of your responsibilities to the District.
4510-R Laptop Computer Assignment 4510-R-8
· The laptop computer shall be at school during the regular school day. In the event of a long-term absence, it may be necessary to arrange for the laptop to be returned to the school.
· Staff development sessions will be offered at various times throughout the school year.
· Professional Development Department staff using a database will document staff development hours. The information collected will consist of the employee’s name, courses taken, course location(s), and accumulated staff development hours. In addition, completion/non-completion will be recorded.
· It is the staff’s responsibility to properly care for and secure the computer
equipment assigned to her/him.
· The District is not required to purchase additional software for staff, maintain non-district software, and/or upgrade software on the computers. Staff may decide to load professional and or personal application software as needed. All software loaded on the computer must be licensed. The staff must follow established policies on how software licenses are filed and/or loaded.
Conditions of Assigned For:
Governor’s Teacher Technology Initiative
Purpose
This document, Laptop Computer Assignment For Governor’s Teacher Technology Initiative, is designed to promote a mutual agreement between the District and all teacher staff using laptop computers.
Objective
To provide a uniform distribution and inventory of the District’s laptop computers.
4510-R Laptop Computer Assignment 4510-R-9
Scope
This policy applies to:
All teachers assigned a laptop/notebook or other portable computer equipment shall sign this form. This form is a record of assignment, loan, and acknowledgement of both Board of Education Policy and Administrative Guidelines.
GUIDELINE ELEMENTS:
The person to whom the laptop computer is assigned is completely responsible for the care and use of the laptop computer. He/she must comply with District policy and guidelines.
The laptop computer is, and remains, the property of the District and will be on assignment for as long as you are an employee of the District and you fulfill your District duties and responsibilities, your staff development training obligations, and such other requirements as may be made at a future time. The District may recall the laptop computer at any time. This equipment is to be used for educational purposes and is to be used by you in the course of your responsibilities to the District.
The laptop computer shall be at school during the regular school day. In the event of a long-term absence, it may be necessary to arrange for the laptop to be returned to the school.
Staff development sessions will be offered at various times throughout the school year.
Professional Development Department staff using a database will document staff development hours. The information collected will consist of the employees name, courses taken, course location(s), and accumulated staff development hours. In addition, completion/non-completion will be recorded.
It is the teacher’s responsibility to properly care for and secure the computer equipment assigned to her/him.
Each computer will come pre-loaded with District-licensed software. Only
4510-R Laptop Computer Assignment 4510-R-10
District-approved and licensed software is to be loaded onto the computer.
Additional software will be loaded when District committees have identified it as a resource for integrating technology into the curriculum and proper licensing documentation is provided. All software must be properly licensed, with hard copies on file with Management Information Services.
The District is not required to purchase additional software for teachers, maintain non-District software, and/or upgrade software on the computers.
Teachers may decide to load professional and or personal application software as needed. All software loaded on the computer must be licensed. Teachers must follow established policies on how software licenses are filed and/or loaded.
When you experience hardware problems with your computer equipment due to normal daily use, submit a Technology Support Services form (over the network or by inter-building mail) to Management Information Services. The equipment repairs will be covered by an equipment warranty maintained by the TTI State Service Support Agreements and or by the District.
You are required to immediately report any equipment that is damaged, lost, or stolen while in your possession to the Risk Benefits Office. At that time you will be requested to complete, sign and submit an incident report. Your laptop will be insured. The District has a $500 deductible policy. Each case will be reviewed on an individual basis. Employees may be assessed for the cost of repair or replacement of a laptop computer necessitated through a negligent act on the part of the employee.
It is recommended that you adjust your personal insurance (home or renters policy) to include the assigned laptop computer.
4510-R Laptop Computer Assignment 4510-R-11
Should you resign, retire, or leave the employment of the District, you shall return the laptop computer and any accessory equipment to the District Technology Director. The Technology Director and/or staff shall inspect and test the laptop and verify the serial number of the unit. A receipt will be issued stating that the laptop was found to be in satisfactory operation, free from any damage, and that the laptop has been returned to the school District.
Upon assignment of a laptop, the individual must verify that she/he has read and understood these guidelines by signing a copy of the Flint Community Schools Internet and E-mail Acceptable Use Policy. The Technology Director (or designee) will counter-sign this form and record the serial number of the issued laptop.
_____________________________________________________________________
Computer Model Computer Serial Number Computer Asset #
____________________________________________________________________
Case Installed Cards Other Peripherals
Other Notes:
___________________________________________ _______________________
Employee Signature Date
___________________________________________ _______________________
Technology Director Signature (or designee) Date
4510-R E-Mail Acceptable Use Policy 4510-R-12
Purpose
To provide guidance to the employees of the Flint Community Schools concerning their rights and responsibilities with respect to the proper use of the Internet and the District’s Electronic Mail System (e-mail).
Definitions
The following definitions apply throughout this directive.
Electronic Mail System (e-mail): An integrated set of computers and communications hardware and software, which provides for the capability of sending messages and files between users connected to the system. E-mail systems provide for storage and later retrieval of messages and attachments, as well as real-time communication.
E-mail: Any message that is sent electronically through one or more computers and/or communication networks, and which in most cases has a human originator and receiver. This policy applies to any e-mail service accessible by the District’s employees whether it is mainframe or LAN-based or available to employees through on-line subscription services.
Attachment: Any file included with or attached to an e-mail message.
Business Day Related Communication: Any communication that occurs during the normal accomplishment of an employee’s duties or job function.
Objective
The District’s e-mail and Internet usage policy is intended to allow the District to derive the benefits of increased efficiency through the use of e-mail while ensuring the protection of information assets, company integrity, and employee rights.
4510-R E-Mail
Acceptable Use Policy 4510-R-13
This policy applies to all the District’s employees
including regular, temporary, part-time, and contract employees, and to all
other users of any of the District’s e-mail or Internet system regardless of
their affiliation, all the District’s owned or operated e-mail systems, which
are subscribed to and paid for by the District and all e-mail messages, attachments,
and associated files.
The District maintains an electronic-mail (E-mail) system to assist in the conduct of business within the District. These systems, including the equipment and data stored in the system, are and remain at all times the property of the District, and all messages created, sent, received or stored in the system are and remain the property of the District. Electronic mail shall be limited to the conduct of business of the District and may not be used for the conduct of personal business. The District reserves the right to retrieve and review any message composed, sent or received. Please note that even when a message is deleted or erased, it is still possible to recreate the message, therefore, ultimate privacy of messages cannot be ensured to anyone. While e-mail may accommodate the use of passwords for security, confidentiality cannot be guaranteed. Someone, other than the intended recipient, may review messages, therefore, employees have no legitimate expectation of privacy when using e-mail.
Message Content
Messages may not contain content that may reasonably be considered offensive, threatening or disruptive to any person. Offensive content would include, but would not be limited to, sexual comments or images, racial slurs, gender-specific comments or any comments that would offend someone on the basis of his or her age, sexual orientation, religious or political beliefs, national origin, disability, gender, height,
weight or any similar violation of state of federal law. Use of swearing, vulgarities, abusive, and any other inappropriate language in your messages to others is strictly prohibited. Illegal activities are strictly prohibited.
4510-R E-Mail Acceptable Use Policy 4510-R-14
Bulk mail (such as spam mail or chain letters) received from the Internet or other sources may not be circulated within the District.
Attachments
All attachments sent via the District’s e-mail system during the course of normal business hours should be limited to less than or equal to 500 kilobytes of data. An attachment greater in size than this pre-defined value could potentially cause performance issues not only in the e-mail system but also other applications across the enterprise. If attachments greater than 500kb are to be sent to recipients within the District or external agencies they may be sent to a shared drive on the network, posted to a bulletin Board, or use the District’s FTP server. Documents targeted at a large number of users should not be sent as attachments, they should be posted on the bulletin board instead.
Storage Policy
The District discourages the storage of a large number of e-mail messages. Retention of messages takes up a large amount of space on the e-mail server and can negatively affect system performance. In addition, because e-mail messages can contain confidential information, it is desirable to limit the number distribution, and availability of such messages.
Detection by Users
As a general rule, if a message does not require a specific action or response, it should be deleted after it is read. If the content of the message needs to be saved for more than two weeks, it should be archived or printed out and saved to an appropriate file. Employees should review their messages weekly and delete those that are not needed.
4510-R E-Mail Acceptable Use Policy 4510-R-15
Deletion of mail by the system administrator
The system administrator enforces the following retention rules:
All inbox messages are automatically deleted after forty-five (45) days. All message log entries (copies of messages sent) are deleted after forty-five (45) days. If the content of the message needs to be saved for more than forty-five (45) days, it should be archived, or printed out and saved to an appropriate file.
All bulletin Board messages are deleted when they are no longer required or appropriate. Messages requiring longer retention must be archived by the individual user.
Financial Gain
Internet usage is for academic and District business related activities. Using the Flint Community Schools network and/or Internet access for personal financial gain is strictly prohibited; any attempt to use your Internet access for financial gain will result in loss of privileges.
Violation
Any user who violates this policy in part or whole or violates any state or federal laws will be cited and applicable disciplinary actions will be taken.
Legal
All communication and information accessible via the Internet should be assumed to be the private property of the author and subject to all copyright laws.
Use only authorized copies of commercial software to access the Internet. Use software acquired from the Internet according to all licensing agreements.
Any person accessing the Internet through the Flint Community Schools network will abide by the Acceptable Use Policy of the Internet service provider and the guidelines of the Flint Community Schools. Users must obey applicable laws regarding Internet use.
4510-R E-Mail Acceptable Use Policy 4510-R-16
FLINT COMMUNITY SCHOOLS INTERNET AND E-MAIL USE AGREEMENT
Please complete the information required below and sign the completed form after reading and agreeing to the Internet and E-Mail Acceptable Use Guidelines. Return only this page to Human Resources. You should keep the copy of the Internet Acceptable Use Guidelines for future reference.
I have read the Flint Community Schools Internet Use Guidelines. I agree to follow the rules contained in these guidelines. I understand that should I violate the rules, my account can be terminated and I may face other disciplinary measures.
Signature of employee________________________________Date_________________
Name of employee (Please
print)_____________________________________________
4601 Facilities Development Goals 4601
The District shall provide the best facilities possible within financial resources available to meet the educational needs of the students in the District. Such efforts shall not only encompass new construction and expansion when deemed necessary, but also renovation and remodeling of existing facilities to serve specific educational needs of specific groups of students. It is also necessary, in declining enrollment periods, to determine how facilities may be used and/or the interim use of facilities not needed at a given time.
Decisions pertaining to the planning, construction, renovation and elimination of educational facilities shall be made only after sufficient attempts have been made to consider the viewpoints and needs of students, teachers, parents/guardians, taxpayers, and appropriate members of the administrative staff.
In determining facility needs and/or elimination of facilities, priority shall be given to plans which benefit the largest number of students in the District but consider important matters such as safety, equal opportunity for students enrolled and the economic implications to the District.
Approved: July 11, 2001
Reviewed:
4750 Naming Facilities 4750
Senior High Schools
Senior high schools will generally be named for the geographical location of the school site as it relates to the boundaries of the District.
Middle Schools
Middle schools will generally be named for appropriate American authors of prose and/or poetry who have been deceased for a period of at least 25 years prior to the date of the naming of the school.
Elementary Schools
Elementary schools will generally be named for persons whose national state, or local contribution to education has been outstanding.
General Guidelines
The Superintendent shall maintain a file of names and qualification of summaries of individuals who may be considered within the framework of the preceding.
When the Board approves the name of a living person for the honor of a school name, the President shall contact the individual chosen and obtain acceptance of the honor. In the case of a deceased person being honored by a school name, similar contact may or may not be made with relatives, whichever is more appropriate as determined by the Board.
On written request and/or recommendation, consideration will be given to naming facilities such as auditoriums, rooms and special areas in the school or school grounds for persons whose contribution to education has been outstanding. Such a request must be supported by written recommendations with rationale from representatives of the school staff, students, and the community. This request must be submitted in writing to the Superintendent, who shall forward it to the community relations committee for review.
4750 Naming Facilities 4750-2
Future schools, either new or consolidated, shall avoid nicknames and logos of racial groups such as American Indians, ethnic groups, and nationalities. Current nicknames and logos representing any of the above groups shall be phased out when the school is permanently closed or consolidated.
Approved: July 11, 2001
Reviewed:
4770 Selection of an Architect (Cf. 4910) 4770
The District shall comply with current law for the selection of an architect for the District’s building plans.[35] Should an architect subcontract for engineering services, the Board reserves the right of prior approval in the selection of the engineering firm in cases not covered by the District/architect agreement.
The Superintendent will make contacts with qualified architectural firms requesting a submission of information concerning their firms if they wish to be considered.
Approved: July 11, 2001
Reviewed:
LEGAL REF: MCL 388.851-855a
4770-R Selection of an Architect 4770-R
Superintendent shall establish a committee to select an architect for new buildings construction who will be recommended to the Board for approval.
When the list has been reduced to three or four, each remaining candidate shall be invited to make a formal presentation to the Board after which the Board shall make its selection. A contract will be prepared and signed with the architect. The school District legal counsel shall review the contract and give his/her approval before the authorized Board representatives sign it.
Among criteria considered in the selection of an architect shall be the following:
1. Training and experience, including that of partners and associates;
2. Planning ability and know how in interpreting educational specifications;
3. Promptness and ability to meet deadlines;
4. Specification writing, accuracy, and sufficiency of detail;
5. Imagination in design, appearance, and utility of work;
6. Adequacy of supervision and inspection of previous jobs;
7. Integrity of firm;
8. Relations with contractors and demand for quality performance;
9. Experience with government agencies;
10. Adequacy of staff for the building to be designed;
11. General business procedures of firm.
12. Examples of previous plans, specifications and construction;
13. Willingness to work with a coordinated construction plan if such is the desire of the District;
14. Assumption of responsibility to follow up on any problems that surface after construction and during periods in which performance and material guarantees are in effect;
4770-R Selection of an Architect 4770-R-2
15. Responsibility for correction of faulty or ineffective design; and
16. Economic factors, such as demonstrated ability to design and provide adequate, well-constructed buildings at a reasonable cost.
4890 Supervision of Construction (Cf. 4770) 4890
Supervision of construction projects shall be primarily the responsibility of the architect/construction manager and the Superintendent, or an administrator assigned by the Superintendent as project director, who shall be responsible to follow closely the progress of the construction project. The architect shall hold periodic, but not less than monthly, progress meetings during which the administrative representative and all contractors concerned should be present. Progress reports shall be issued periodically by the architect and in sufficient quantities to supply each member of the Board.
Approved: July 11, 2001
Reviewed:
4900 Fair Employment Clause 4900
It shall be the intent of the District to award all contracts to qualified contractors and subcontractors who do not discriminate against any employee or applicant for employment because of age, sex, race, color, religion, creed, age, physical handicap, [36] ancestry, national origin, height, weight, or marital status. [37] Contractual provisions shall assure compliance with this policy.
Before awarding a bid or purchase order for construction, materials, and services, a firm shall be in compliance with all state and federal laws, and verify it. [38] The Superintendent shall review and evaluate all such plans and his/her approval or disapproval shall be subject to review by the Board. A bidder has five working days to appeal the decision of the Superintendent.
The above policy shall not apply to those contractors employing less than five persons.
Approved: July 11, 2001
Reviewed:
LEGAL REF: MCL 37.2101-2211 (Michigan Civil Rights Act); Fair Employment Practices Act; MCL 37.1101-1303 (Handicappers Civil Rights Act); Act No. 251 of the Public Acts of 1955; Act No. 344 of the Public Acts of 1965; and Act No. 349 of the Public Acts of 1966
4910 Affidavits and Guarantees (Cf. 4770) 4910
All contractors shall submit proof of their coverage of liability and workers compensation insurance as required by Michigan law to the business office. [39] All bids on construction projects shall stipulate that the contractor shall provide liability coverages that total at least $1,000,000.00.
The general contractor shall provide a performance bond equal to at least 25 percent of the contract amount to protect the District from the failure of the contractor or contractors to perform the terms and conditions of the contract.
The architect shall assume the responsibility that all product guarantees, warranties, and workmanship guarantees for materials and performance of services are duly executed and that signed documents are delivered to the District.
Approved: July 11, 2001
Reviewed:
LEGAL REF: MCL 129.201-211; Worker’s Compensation Act
4919 Change Orders 4919
After a contract is accepted, all
change orders shall be brought to the District for approval.
After a contract is accepted all change orders shall be brought to the District for approval. The Superintendent is authorized to approve minor changes of an emergency nature. Major change orders will be submitted to the Board for approval.
Change orders shall be accompanied by justification by the architect and/or the Superintendent when being presented to the Board.
Approved: July 11, 2001
Reviewed:
4950 Board Inspection of New or Remodeled Facilities 4950
A building project shall be accepted by the District
only after all details are complete and the architect and project director have
certified to the District that the project has been completed, along with a
written approval by the architect for occupancy certifying the approval of all
state and local authorities where required.
The architect/construction contractor and representatives of the
administrative staff shall complete a preliminary inspection, after which the
District conduct a final inspection of the building prior to giving its formal
approval and acceptance.
Students, until so authorized by those state and local authorities where approvals for occupancy are required, shall not occupy new or renovated buildings or additions.
Final payments to contractors will be withheld until such a time as the requirements of this policy have been met.
Approved: July 11, 2001
Reviewed:
4960 Retirement of Facilities (Cf. 4601) 4960
Planning for Consolidation
The Flint Board of Education is committed to retaining only those physical facilities necessary for the effective and efficient management of school and associated programs. A change in the status of a school building is sometimes necessary because the building no longer fulfills the educational needs of the community due to obsolescence, unsafe conditions, or extremely high operating and maintenance costs. Declining student enrollments and rising costs create a financial condition that may warrant the consolidation and/or retirement of facilities.
Inasmuch as school buildings are a focal point in the life of a community and provide many tangible benefits to their citizens, the decision to close a school or to change its operational status shall be made only after a well-thought-out plan has been developed that is based upon established procedures. It is incumbent upon the school District to prepare a rational, comprehensive analysis in support of its decision-making process.
Specific assessment procedures dealing with utilization efficiency, operating efficiency, and housing adequacy (Regulation 4960-R) shall be applied in analyzing options for the identification and possible disposition of under-utilized facilities.
If a decision is to close a building or buildings, the plan shall include a determination of the disposition of the facility or facilities. Consideration shall be given to whether a building is to be used for other programs or services; is to be mothballed, and if so, for how long; is to be leased or sold; or is to be demolished.
Approved: July 11, 2001
Reviewed:
4960-R Retirement of Facilities 4960-R
In alternating years, the Superintendent shall direct staff to assemble current data and information on the status of every school. Ancillary facilities housing other than traditional K-12 programs may be reviewed apart from this process. The Superintendent shall also appoint a school study committee composed of community representatives and staff. This committee will be involved in the assessment process, will promote community understanding, and, if necessary, will develop a school consolidation proposal.
The data and information shall be assembled prior to the appointment of the committee and shall include:
· Description of the building
· Building capacity
· Present enrollment
· Five-year projected enrollment
· Operating and maintenance costs
· Condition of the building
The allocation of resources objective of the District strategic plan shall be considered.
The Superintendent also shall consult with officials of local government and other planning and development agencies to determine if there are municipal or private sector plans which may affect the status of facilities, such as roadway construction, and so forth.
Appointment of the Superintendent’s School Study
Committee
The committee shall not exceed 20 members and shall be composed of the Superintendent, 5 other staff members, and at least 3 community representatives from each middle school geographical area. The community members shall be balanced by race, sex, and age, and have representatives from community councils.
4960-R Retirement of Facilities 4960-R-2
The organization and function of the committee shall be at the discretion of the Superintendent.
Committee Tasks and Functions
· The Superintendent’s School Study Committee has at least three purposes:
· Review and synthesize the aforementioned data and information.
· Reports its findings through the Superintendent to the Board of
· Education.
· Assist in the dissemination of that report to the community at large
· Through the news media and,
· Through meetings with groups such as community advisory councils.
If the Board decides that there are insufficient reasons to consolidate schools, then the purposes of the committee are fulfilled and the Superintendent discharges the committee.
If the Board decides that there are sufficient reasons to consolidate schools, then the purposes of the committee are fulfilled and the Superintendent discharges the committee.
If the Board decides that there are sufficient reasons to consolidate schools, then the Superintendent and the committee have additional tasks.
Develop a school consolidation proposal as outlined in this regulation.
Apply assessment criteria equitably to all school facilities that are consistent with the District’s desegregation/magnet school obligations and in accordance with the consent agreement with the United States Department of Justice.
C. Assessment Criteria
The committee shall apply the following assessment criteria in the manner described and shall rank order the results:
· Age and overall condition of the building including additions and recent renovations,
4960-R Retirement of Facilities 4960-R-3
· Projected major maintenance costs, as identified by the Business Office that addresses the general repair condition of every school. (This may best be stated in negative terms, as an itemized and cost-estimated list of current and future needs for major repairs or replacements.)
· Building enrollment capacity derived from program-driven ratings of classroom capacities that recognize that the capacity of a classroom, and ultimately a school, depends on the types of programs that occupy the space. Not to be overlooked are class size and teacher load limitations imposed by the master teacher contract, and class size incentives offered by the state.
· Building/Site adequacy including the assessment of playground and parking space, and of special features such as auditoriums and swimming pools.
· Proximity to other buildings with sufficient capacity to accept the dislocated students including transportation considerations.
· Effects of student relocation on the racial composition of affected schools, and the loss of the school as a focal point in the community.
Students who were reassigned as a consequence of closures in the past three years shall not be further reassigned unless sufficient justification has been provided explaining why they should be subjected to a second reassignment before other students who were not affected by the closures. The same consideration shall be provided to neighborhoods that have experienced school closings in the past three years.
D. School Consolidation Proposal
Once a school (or schools) has been identified for closure, a school consolidation proposal shall be written and shall include the following information:
· The name (or names) of the school (or schools) identified for closing.
4960-R Retirement of Facilities 4960-R-4
· The process and rationale that led to the identification of the schools including the results of the application of criteria.
· A cost analysis provided by the Business Office.
· Student reassignment plans and the reconfiguration of school boundaries developed by the Pupil Personnel and the Research and Testing Offices.
· Plans to address staff reassignment provided by the Office of Labor Relations/Human Resources.
· Procedures developed by the Community Education Office to enable affected schools to work together to develop programs and activities that will promote a successful transition of students, parents/guardians, and residents from their current community school to their “new” community school.
Options that address the disposition of buildings and sites, and that include
· A comprehensive statement that specifically addresses factors that might impact a neighborhood.
· Timelines for actions related to the change in the status of the building shall be included in the consolidation proposal.
Additionally, the proposal shall include a list of names and business addresses of the committee members, and a list of dates and places of the meetings.
F. Board Review:
The Superintendent shall present the consolidation proposal to the Board for Review. Committee members shall be invited to participate in the presentation. Once received by the Board, the Board may refer the proposal back to the committee for refinement, or may direct the Superintendent to send the proposal to the affected community council (or councils) the following day for council review.
4960-R Retirement of Facilities 4960-R-5
The Board shall schedule a special meeting to provide an opportunity for the community to respond to the consolidation proposal. The community council of the affected school (or schools) shall be invited to respond at the beginning of the meeting. The time, date, and place of the meeting will be published and the proposal will be made available to the public.
This process, once completed, will enable the Board to
make a final decision on the proposed consolidation.
4960-R Retirement
of Facilities 4960-R-6
TIMELINE
Process to begin by Action Responsibilities
July Orders compilation of Superintendent
required school data and
information
August Appoints Superintendent’s Superintendent
School Study Committee
October Reports findings to the Superintendent
Board of Education and shares
information with the public
If evidence of a need to close school(s) is found, the committee continues using the following timeline:
October Develops proposal for school Superintendent and
consolidation School Study Committee
January Submits proposal to the Board Superintendent and
of Education School Study Committee
February Reviews proposal Board of Education
April Makes final decision on the Board of Education
School consolidation proposal
[1] MCL 380.1269 (“The board of a school
district other than a first class school district shall insure school district
property unless otherwise directed by the school electors.”)
[2] MCL 691.1409 (“The purchase of liability
insurance to indemnify and protect governmental agencies against loss or to
protect governmental agencies and some or all of its agents, officers, and
employees against loss on account of any judgment secured against it, or them,
arising out of any claim for personal injury or property damage caused by such
governmental agency, its officers, or employees, is authorized, and all
governmental agencies are authorized to pay premiums for the insurance out of
current funds.”).
Purchase by school district of liability
would not preclude its asserting the defense of governmental immunity, in
action against a school district arising out of accident involving use by
student of “mini-trampoline” during high school physical education class. Cody v Southfield-Lathrup School District,
25 Mich App 33, (1970)
[3] MCL 380. 1311 (1) (“Subject to
subsection (2), the school board, or the school district superintendent, a
school building principal, or another school district official if designated by
the school board, may authorize or order the suspension or expulsion from
school of a pupil guilty of gross misdemeanor or persistent disobedience if, in
the judgment of the school board or its designee, as applicable, the interest
of the school is served by the authorization or order.”)
[4] MCL 29.19(2). (“A minimum of 8 fire
drills is required for each school year.
If weather conditions do not permit fire drills to be held at least once
a month, then at least 5 fire drills shall be held in the fall of each year and
3 fire drills shall be held during the remaining part of the school year.”)
MCL 29.19(3). (“A minimum of 2 tornado
safety drills is required for each school year . . . These drills shall be
conducted for the purpose of preventing fires and related hazards and injuries
caused by severe weather.”).
[5] MCL 380.1256
[6] 15 USC 2641-2656
[7] MCL 388.864 (“Circumstances for removal of asbestos”) MCL
380.1256 (“Inspecting, monitoring, removing, or treating asbestos or material
containing asbestos; contractual agreement to provide legal representation
against civil liability.”)
[8] 1990 Mich. Op. Atty. Gen. No. 6657 (A
school superintendent, a county road commission, and the director of state
police may collectively decide to reduce the speed on a county road that is within
1,000 feet of a school in the school district if the current speed limit near
the school is deemed to be excessive.)
[9] MCL 380.1291 (“The board of a school
district may establish a local school security task force for the school
district to perform functions at the local level similar to those performed at
the state level by the school security task force created under the school
security task force act. The local
security task force shall include representatives of parents/guardians,
teachers and other school employees, school administrators, law enforcement
officials, pupils, and other members of the community affected by weapons in
schools.”)
[10] MCL 380. 1311
[11] A school district may recover damages in
an amount not to exceed $2,500 in a civil action in a court of competent
jurisdiction against the parents/guardians or parent/guardian of an
unemancipated minor, living with his or her parents/guardians or
parent/guardian, who has maliciously or willfully destroyed real, personal, or
mixed property which belongs to the school district (MCL 600.2913).
[12] The Pupil Transportation Act, MCL
257.1801-1877
[13] The board of a school district providing
transportation for its resident students shall provide transportation for each
resident public or nonpublic school student if all of the following
requirements are met:
·
The
district provides transportation for the elementary school level, middle or
junior high school level in which the student is enrolled.
·
The
student is a person for whom the district is eligible to receive state school
aid for transportation.
·
The
student is attending either the public or the nearest state approved nonpublic
school in the school district to which the student is eligible to be admitted.
Transportation provided shall be without
charge to the resident student, the parent, guardian, or person standing in
loco parentis to the student (MCL 380.1321).
[14] Nolan
v Bronson & Taylor School District, 185 Mich App 163; 460 NW2d 284
(1990). (A bus driver may be held
legally responsible for not stopping a student from exiting through the
emergency door of a school bus if the student is subsequently injured. In certain circumstances, the bus driver’s
duty of care may extend beyond dropping a student off in a safe place.)
[15] MCL 257. 1865; (“Pursuant to an agreement made under
subsection (4), a school may permit the use of a school bus which is not
otherwise being used for school purposes by an organization or group for
purposes of transporting senior citizens or retired or disabled persons, or by a
nonprofit organization for purposes of transporting its members to or from an
activity, event, or outing, if the school determines that suitable or
economically feasible public or private transportation is not available for
this purpose.”) MCL 380. 1333; Department of Education Regulation No. R 340.
231- 340.238
[16] Michigan Department of Education
Regulation No. R 240. 1253
[17] MCL 380.1321 (“A school district is not required to transport or pay for transportation of a resident pupil living within 1-1/2 miles, by the nearest traveled route, to the public or state approved nonpublic school in which the pupil is enrolled.”).
[18] Nolan
v Bronson, 185 Mich App 163; 460 NW2d 284 (1990). (“Unquestionably, there is a legal
relationship between a bus driver and a passenger/student such that the law
imposes a legal obligation on the driver for the benefit of the passenger.”)
[19] MCL 257.1853 (b) (c) (d) (“For a school
bus or pupil transportation vehicle operating in intrastate transportation, the
annual physical requirements for school bus and pupil transportation vehicle
drivers as authorized by the superintendent of public instruction. In meeting these physical requirements, the
driver shall be examined by a licenses physician and shall present the
physician’s certificate to the employer.
An employer who has reason to believe that a driver is not physically
qualified to drive may require a physical examination for that driver in
accordance with subdivision (b) at more frequent intervals. If an employer requests a physical
examination under this subdivision, the employer shall indicate in writing what
physical impairment covered under the requirements of subdivision (b) the
driver is to be examined for and shall only be entitled to that portion of the
examination results which pertain to that impairment. A copy of the physician’s certificate for a
driver shall be carried by that driver while he or she is operating a school
bus or pupil transportation vehicle.”)
[20] Michigan Department of Education
Regulation No. R 340.232
[21] MCL 257. 1849 (1) (2) (3) A person must
be over 17 years of age, possess a valid chauffeur’s license, the appropriate
vehicle group designation, and a passenger vehicle endorsement pursuant to
section 257.312e of the Michigan Compiled Laws.
A person who has 7 or more penalty points on his or her driving record
may not operate a school bus or pupil transportation vehicle. In addition, a person may not operate a
school bus or pupil transportation vehicle if the person has a restricted
license due to a conviction for a violation of section 257.625 of the Michigan
Compiled Laws.
[22] Michigan Department of Education
Regulation No. R 340.233 (“Passengers shall comply with all established school
district rules for school bus passengers, and shall leave the bus when the
driver determines that there is noncompliance with the rules or disorderly
behavior which is distracting to the driver.”)
[23] MCL 257.57c (“‘School transportation vehicle’ means every
motor vehicle with a manufacturer’s rated seating capacity of less than 16
passengers, including the driver, owned by a public, private, or governmental
agency when operated for the regularly scheduled transportation of passengers
directly to or from school and home, or privately owned and operated for
compensation for the regularly scheduled transportation of passengers directly
to or from school and home.
Transportation to extracurricular events shall not be considered
regularly scheduled transportation.
School transportation vehicle does not include a vehicle used by a
parent/guardian or a parent/guardian’s designee to transport children to and
from school related events under contract with the school.”)
[24] MCL 380.1333 (“[T]he board of a school district may permit the use of a school bus, which is not otherwise being used for school purposes, by an organization or group for purposes of transporting senior citizens or retired or disabled persons. . . .”).
[25] MCL 380. 1272a (1) (“The board of a K to
12 school district shall, and the board of another school district may, establish
and operate a program under which lunch is made available to all full-time
pupils enrolled and in regular attendance at each public school of the school
district.”)
[26] MCL 380. 1272 (“The board of a school
district may use general funds to provide the necessary personnel, equipment,
supplies, and food to furnish meals for regularly enrolled pupils, an may
accept produce and financial reimbursement from the state to supplement the
resources of the district.”)
[27] Section 9 of the National School Lunch Act,
42 USC 1758
[28] MCL 380. 1272b (d)
[29] The Fourth Amendment protects
individuals from searches only when the person has a legitimate expectation of
privacy. Thus, this provision attempts
to avoid Fourth Amendment protection for communications and downloaded material
by warning users that the district owns the electronic mail system and it is
intended for the purpose of conducting official distinct business, thus
negating any expectation of privacy.
[30] MCL 15.232.
[31] School authorities may reasonably
regulated student expression in school-sponsored publications for
education-related reasons. Hazelwood School District v Kuhlmeier,
108 S. Ct. 562 (1988). This policy
allows such control by clearly stating that school-sponsored networked
information resources are not a “public forum” open for general student use but
are, instead, part of the curriculum.
[32] The “privilege, not a right” dichotomy
is borrowed from cases holding that a student’s removal from a team does not
require due process because such participation is a privilege rather than a
right. The deprivation of a privilege
typically does not trigger the Constitution’s due process provision.
[33] The bracketed portion above is optional for the
district. As a privilege, suspension or
termination of an account does not require a hearing. The language is provided as a sample for
those districts who desire a hearing option; districts may of course substitute
their own hearing/discipline procedures.
[34] Generally, the district’s arrangements
for system integrity and security will be a local matter, dependent on the
district network configuration and the Internet service provider used. The following language is provided as a
sample of things that should commonly be considered.
[35] MCL 388. 851 (a) (“All plans and specifications
for buildings shall be prepared by, and the construction supervised by, an
architect or engineer who is registered in the state of Michigan.”) 1957-58 Mich. Op. Atty. Gen. Architect or
engineer is to be employed by the board of education; the statute is not
satisfied when a contractor or a member of a contracting firm employs the
engineer or architect.
[36] Michigan Handicappers’ Civil Rights Act,
MCL 37.1101-1303
[37] Elliott-Larsen Civil Rights Act, MCL
37.2101-2211; MCL 37.2202 (1) (a) (“An employer shall not do any of the
following: Fail or refuse to hire or
recruit, discharge, or otherwise discriminate against an individual with
respect to employment, compensation, or a term, condition, or privilege of employment,
because of race, color, national origin, age, sex, height, weight, or marital
status.”
[38] Contractor’s Bond for Public Buildings
or Works, MCL 129.201-211; MCL 129.201
(“Before any contract exceeding $50,000.00 for the construction, alteration, or
repair of any public building or public work or improvement of the state or a
county, city, village, township, school district, public educational
institution, other political subdivision, public authority, or public agency
hereinafter referred to as the “governmental unit”, is awarded, the proposed
contractor, hereinafter referred to as the “principal contractor”, shall
furnish at his or her own cost to the governmental unit a performance bond and
a payment bond that shall become binding upon the award of the contract to the
principal contractor.”)
[39] Michigan Worker’s Disability
Compensation Act, MCL 418.101-418.941