POLICIES and
Regulations
This manual contains the policies of the Board of Education (reproduced on white paper), the major regulations intended to implement policy (yellow paper), and certain reference or "exhibit" documents that relate to policies and/or regulations (green paper).
Policy development in a modern, forward-looking school system is a dynamic on-going process. New problems, issues and needs give rise to the continuing need to develop new policies or to revise existing ones. This is why the Board employs the loose-leaf format for this manual. It is easy to keep up to date.
Each person holding a copy of this manual should make a diligent effort to keep it up-to-date as new policies, regulations and exhibits are distributed by the central office.
In the interest of harmony, efficiency, uniformity of interpretations, coordination of effort, and in fairness to all concerned, the Board makes this manual available to all who are affected by its policies.
About Policies and Regulations
Generally, the role of a board of education is to set policy and the role of the administration is to implement it through regulations. Here are definitions set forth by the National School Boards Association that provide a distinction between two types of statements:
Policies are principles adopted by the Board to chart a course of action. They tell what is wanted and may include why and how much. They are broad enough to indicate a line of action to be taken by the administration in meeting a number of day after day problems; they need to be narrow enough to give the administration clear guidance.
Regulations are detailed directions developed by the administration to put policy into practice. They tell how, by who, where and when things are to be done.
These definitions are serviceable some of the time. They reflect sound theory of governance and administration. But the real world does not always conform. For example:
State and federal governments require boards of education to make or officially approve detailed regulations and procedures in certain areas.
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A Board signs contracts and agreements that may contain and interweave policies, regulations and procedural detail.
The public, staff or board members may demand that the Board itself, not the administration, establish specific regulations and procedures in certain sensitive areas.
It is the intermingling of policy and regulations in law, in contracts, in adopted statements of the Board that causes trouble. Sometimes they are not easily separated. Therefore the separation of policies and regulations in this manual follows several "rules of thumb" in addition to "basic theory":
1. When the school district's practice in a particular area is established by law, an informational statement covering the practice is presented as "policy" -- that is, it appears on a white page. (A law, of course, may be quoted or referred to in a regulation.)
2. When the district's practice in a particular area has been established through a negotiated agreement, any statement pertaining to that practice is presented as "policy" on a white page.
3. Where the Board has interwoven regulations with policy and where separation would do harm to the meaning of both, the entire statement is presented on a white page.
4. Where the Board has adopted rules and by-laws concerning its own organizational and operating procedures, these statements appear as policy on white pages.
As long as the administration operates within the guidelines of general policy adopted by the Board, it may change regulations without prior Board approval unless Board action is required by law or unless the Board has specifically asked that a particular regulation be given Board approval. The Board, of course, should be kept informed of regulations issued by the administration.
Notes on Use of the Manual
Dates. Where possible the original date of adoption/approval/issuance appears immediately following each policy/regulation. In other instances an approximate date or revision date is used.
Legal References. Pertinent legal references are given to tell the reader where in state or federal law he may find certain statutes that relate to a policy. Unless otherwise noted, all references direct the reader to the Colorado Revised States 1973, as revised through the last session of the legislature. Most of the statutes are included in "Colorado School Laws" published by the Colorado Department of Education. It is important to mention here that other laws and/or court decisions may also be applicable to a particular policy.
Cross References. Certain policies/regulations relate to others. Cross references are provided following many statements to help the reader find all of the related information.
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Order of Precedence. Board of Education policies and regulations must be read and interpreted in the light of Colorado Revised Statutes and state regulations. Wherever inconsistencies of interpretation arise, the law and state regulations prevail.
Terminology. To avoid problems of wording, masculine pronouns used in this manual refer to both sexes.
Is the Manual Complete?
No. The manual contains all of the current written policies of the Board of Education to date. But continually, the need for putting additional policies in writing, for adopting new ones and revising old ones becomes apparent. Additionally, state law and regulations change. No matter how well conceived and well developed, a policy manual can never be 100 percent complete and 100 percent up-to-date.
* * * * * *
It is the hope of the Board of Education that this collection of policies and regulations will make greater harmony and efficiency possible in all areas of school operations. This will enable the Board to devote more time to its primary duty -- the development of long-range policies and planning for the future of the school system.
Board of Education
Date: _________________________
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File: AA
The Constitution of Colorado requires the general assembly to provide for the establishment and maintenance of a thorough and uniform system of free public schools throughout the state and vests in a state board of education responsibility for their general supervision.
The Constitution also requires that the general assembly shall, by law, provide for the organization of school districts of convenient size, in each of which shall be established a board of education to have control of instruction in the public schools of the district.
As are all school districts in the state, School District RE-1J of Montrose County is a body corporate with perpetual existence, and in its name may hold property for any purpose authorized by law, sue and be sued, and be a party to contracts for any purpose authorized by law.
(January 1995)
(Established by law)
LEGAL REFS.: Constitution
of
C.R.S. 22-32-101
C.R.S. 33-32-102
CROSS REF.: BB, School Board Legal Status
File: AC
Nondiscrimination/Equal
The Board is committed to a policy of nondiscrimination in relation to race, sex, religion, national background, age, marital status, and handicaps. Respect for the dignity and worth of each individual shall be paramount in the establishment of all policies by the Board and in the application of those policies by the administration.
In keeping with these statements, the following shall be objectives of this school district:
1. To promote the rights and responsibilities of all individuals as set forth in the state and federal constitutions, pertinent legislation, regulations, and applicable judicial interpretations.
2. To encourage positive experiences in human values for children and adults who have differing personal and family characteristics or who come from various socio-economic, racial and ethnic groups.
3. To consider carefully, in all decisions made which affect the schools, the potential benefits or adverse consequences that those decisions might have on the human relations aspects of all segments of society.
4. To utilize educational experiences to build each individual's pride in the community in which he lives.
5. To initiate a process of reviewing all policies and practices of this school district in order to achieve to the greatest extent possible the objectives of this policy.
(December 1996)
LEGAL REFS.: Title IX of the Education Amendments of 1972, 20 U.S.C. §1681
Age
Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §621 et seq.
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §701 et seq.
Americans with Disabilities Act, 42 U.S.C. §1201 et seq.
Title VI of the Civil Rights Act of 1964, 42 U.S.C. §2000d
Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e
C.R.S. 24-34-301 through 24-34-308
C.R.S. 24-34-402
File: AC-R
Resolution of Discrimination
Complaints
(Compliance
with Title IX, Title VI and Section 504)
PURPOSE: To provide students, employees and parents an administrative remedy through which to seek redress for alleged violations, misinterpretations and inequitable applications of local school district policies, procedures, and practices relative to provisions of Federal and State antidis-crimination legislation.
DEFINITIONS:
Grievance: A formal written complaint
1. setting forth an allegation that there has been a violation, misinterpretation or inequitable application of any district policy, procedure or practice relative to Federal or State anti-discrimination legislation;
2. specifically identifying the statute violated, misinterpreted, or inequitably applied;
3. furnishing sufficient information concerning the alleged violation, misinter-pretation or inequitable application to identify persons, actions, and/or omissions that led to the allegation.
Grievant: Any student, employee or parent who submits a grievance.
Compliance Officer: The school district employee or employees designated to coordinate efforts to comply with Federal and State anti-discrimination legislation and charged with the responsibility of processing and investigating grievances.
MISCELLANEOUS PROVISIONS:
A. No person shall suffer recrimination or discrimination because of participation in this grievance procedure.
B. Whenever possible, hearings should be scheduled during a mutually convenient time.
C. Employees shall be free to testify regarding any grievance filed hereunder.
D. Mutual confidentiality will be observed pending resolution of the grievance or final decision by the Board.
E. Nothing contained herein shall be construed so as to limit in any way the ability of the district and the Grievant to resolve any grievance, mutually and informally.
F. This
procedure does not deny the right of the grievant to file formal complaints
with other state and federal agencies, including the U. S. Department of
Education, Office of Civil Rights located in
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File: AC-R
PROCEDURE:
Step 1 a. The Grievant shall prepare and file the
grievance with the Compliance Officer on forms provided by the
b. The Compliance Officer shall investigate the complaint, including meeting with the parties concerned in the grievance, within ten (10) working days after the grievance has been filed.
c. The Compliance Officer shall issue a written report to all interested parties setting forth his/her findings and recommendations for the resolution of the grievance within five (5) working days after the conclusion of the investigation.
d. The grievance shall be considered resolved if the Grievant and the School District accept the recommendation of the Compliance Officer, or if the Grievant fails to file the grievance at Step II within ten (10) working days of receipt of the Step I written report.
e. If no written report is issued within the time limits set forth in "c" above, or if the Grievant or District reject the recommendations of the Compliance Officer, the Grievant is free to file the grievance at Step II within ten (10) working days of the date the Step I written report is issued or should have been issued.
Step II a. The Grievant shall file the grievance with the designated agent of the Board of Education within ten (10) working days of receipt of the Step I written report.
b. Within ten (10) working days of the receipt of the grievance, the Board's agent shall conduct a hearing with all parties involved in the grievance.
c. Within five (5) working days of the completion of the hearing, the Board's agent shall prepare and issue a written report to all interested parties setting forth recommendations for the resolution of the grievance.
d. The grievance shall be considered resolved if the Grievant accepts the recommendation of the Board's agent or if the Grievant fails to file the grievance at Step III within ten (10) working days of receipt of the Step II written report.
e. If no written report is issued within the time limits set forth in "c" above, or if the Grievant or District reject the recommendations of the Board's agent, the Grievant is free to file the grievance at Step III within ten (10) working days of the date the Step II written report is issued or should have been issued.
Step III The third step of this procedure shall be conducted by a mutually selected Compliance Panel.
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File: AC-R
a. The Grievant shall file the grievance by delivering it to the Board of Education within ten (10) working days of receipt of the Step II written report. Such filing shall name a non-interested person selected by the Grievant to sit upon an ad hoc Compliance Panel.
b. Within five (5) days of receipt of the grievance, the ranking officer of the Board of Education shall appoint one (1) non-interested member to the Compliance Panel.
c. The two members so selected shall meet and mutually agree upon a third non-interested person to serve as a panel member and who shall be the chairperson of the panel. In the event the two members are unable to agree upon a third panel member, within three days of their appointment to the panel, they shall request the presiding Judge of the Seventh Judicial District to appoint a chairperson.
d. Within ten (10) working days of the filing of the grievance at Step III, the Compliance Panel shall convene, hear the testimony of all involved parties, and seek such legal guidance as it deems necessary. The Compliance Panel shall have the authority to establish the procedures for the hearing including that it may call witnesses.
e. Within twenty-five (25) working days of the filing of the grievance at Step III, the Compliance Panel shall issue its written findings of fact and specific recommendations for the resolution of the grievance to the Board and all interested parties.
f. On receipt of the written findings of fact and specific recommendations of the Compliance Panel, the matter shall be placed on the agenda of the Board for consideration no later than their next regularly scheduled meeting. A decision shall be made and reported in writing to all interested parties within twenty-five (25) days of that meeting. The decision of the Board will be final.
g. The actual and necessary expenses of the Panel shall be borne equally by the Board of Education and the Grievant.
This school district subscribes to a policy of nondiscrimination in relation to race, sex, religion, national background and handicaps.
(December 1996)
LEGAL REFS.: Title IX of the Education Amendments of 1972, 45 C.F.R. Part 86 (Federal Register, June 4, 1975)
Section 504, Rehabilitation Act of 1973, 29 U.S.C. § 794
34 C.F.R. Part 104
Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400, et seq.
C.R.S. § 24-34-402
Americans with
Disabilities Act, P.L. 101-336
CROSS REFS.: AC, Nondiscrimination
GBM, Staff Complaints and Grievances
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File: AC-E
Resolution of Discrimination Complaints
(Compliance with Title IX, Title VI and
Section 504)
Title IX Compliance Officer Assistant Superintendent
Gordon Gibson
Phone: 249-7726
Section 504, Title VI Compliance Officer Assistant Superintendent
(handicapped and nonhandicapped students) BJ Brown
Phone: 249-7726
Section
504 Compliance Officer Assistant
Superintendent
(certificated/licensed and classified personnel) Gordon Gibson
Phone: 249-7726
File: ACE
Nondiscrimination on the
Basis of Handicap
Section 504 of the Rehabilitation Act of 1973 provides that no qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from federal financial assistance. The District, as a recipient of federal financial assistance, does not discriminate in admission or access to, or treatment or employment in, its programs and activities. Persons protected under Section 504 include students, applicants for employment, employees and parents of students who come within the definition of "handicapped person" under that statute.
A "handicapped person" to whom the protections of Section 504 apply is any person who (i) has a physical or mental impairment, which substantially limits one or more major life activities, (ii) has a record of such impairment, or (iii) is regarded as having such an impairment.
The Superintendent shall appoint one or more individuals in central administration to coordinate the District's efforts to ensure compliance with Section 504, who shall be known as the Section 504 Coordinators. Such persons shall ensure that steps are taken to notify students, parents, applicants for employment, employees and organizations representing District employees that the District does not discriminate in violation of Section 504, or its implementing regulations, and identifying the Section 504 Coordinator(s).
Nondiscrimination in Employment. No qualified handicapped person who is employed by the District shall be subject to discrimination in employment based on handicap in terms, conditions or privileges of employment. With respect to employment, a "qualified handicapped person" is a handicapped person who, with reasonable accommodation, can perform the essential functions of the job in question. Reasonable accommodations to the known physical or mental limitations of an otherwise qualified handicapped person will be made, unless the accommodation would impose an undue hardship on the operation of the District's programs or unless the accommodation would require significant modifications in the requirements of the job in question.
The District does not discriminate against qualified handicapped persons in recruitment, advertisement of employment positions, processing applications for employment, use of employment tests and screening criteria and in making employment decisions. Recruitment materials shall include a statement that the District Recruitment materials shall include a statement that the District does not discriminate on the basis of handicap in treatment of employment of applications.
Employees who believe that the District has discriminated on the basis of handicap in violation of Section 504 may file a complaint in accordance with Policy GBK and the procedures set forth in Regulation GBK-R, Staff Complaints and Grievances. The complaint resolution procedures are available to employees only and may not be invoked by applicants who are not currently employees of the District.
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of 2
File: ACE
Nondiscrimination with Respect to Students. The District will provide to each qualified handicapped student attending school in the District a free, appropriate public education. With respect to preschool, elementary, secondary, or adult educational services, a "qualified handicapped person" is a handicapped person (i) of an age during which nonhandicapped persons are provided such services, (ii) of an age during which it is mandatory under state law to provide such services to handicapped persons, or (iii) to whom the state is required to provide a free appropriate education under the Individuals with Disabilities Education Act. An appropriate education is the provision of regular or special education and related aids and services that are designed to meet the individual educational needs of handicapped persons as adequately as the needs of nonhandicapped persons are met and that satisfy regulatory requirements for educational setting, evaluation and placement.
The District will not exclude or discriminate against, on the basis of handicap, qualified handicapped students from participation in nonacademic and extracurricular services and activities. Such services and activities include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the District, and employment of students.
A student who believes he or she has been subject to discrimination on the basis of handicap in access to or participation in programs or activities operated or sponsored by the District may file a complaint in accordance with the procedures of Policy AC-R, Resolution of Discrimination Complaints. With respect to actions involving the provision of special education and related services, the procedural safeguards adopted by the District in its Comprehensive Plan and Procedure Manual may be invoked.
Nondiscrimination with Respect to Handicapped Parents or Guardians. Individuals who are handicapped within the meaning of Section 504 and who are parents or guardians of students enrolled in the District are "qualified handicapped persons" for the purpose of parent-oriented activities directly related to their children's education. The District will make reasonable accommodations to permit handicapped parents or guardians to be involved in their children's education with respect to school conferences and other activities directly related to the academic and disciplinary aspects of their children's education.
A handicapped parent who believes that he or she has been subject to discrimination in participation in such parent-oriented activities may file a complaint in accordance with the procedure set forth in Policy AC-R, Resolution of Discrimination Complaints.
(January
1995)
LEGAL REFS.: Section 504, Rehabilitation Act of 1973, 29 U.S.C. § 794
34 C.F.R. Part 104
Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400, et seq.
C.R.S. § 24-34-402
Americans with
Disabilities Act, P.L. 101-336
CROSS REFS.: AC, Nondiscrimination
GBK, Staff Complaints and Grievances
AC-R, Resolution of Discrimination Complaints
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File: AD
Educational
Philosophy/School District
In
partnership with parents and our communities, the mission of the Montrose and
We believe that quality education results from:
· providing instruction that will assure mastery of academics, communication skills, critical thinking skills, social skills, and use of technology;
· students developing skills and habits for lifelong learning to deal with an ever-changing world;
· continuous communication and dialogue among students, staff, parents, and community;
· a safe, educational environment which encourages an appreciation of the arts and addresses the unique emotional, physical, intellectual, and cultural differences of all students at each stage in their development.
(January 1995)
(Revised October 2001)
CROSS
REF.: