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SECTION 0100- The Board of Trustees SECTION 100 – THE BOARD OF TRUSTEES 101.0 – LEGAL STATUS OF THE BOARD OF TRUSTEES 102.0 – THE PEOPLE OF DISTRICT 91 AND THEIR SCHOOLS 103.0 – SCHOOL BOARD TRUSTEE ZONES AND ELECTIONS 103.0 – A MAP OF TRUSTEE ZONES 104.0 – ORGANIZATION OF THE BOARD OF TRUSTEES 105.0 – POWERS AND DUTIES OF THE TRUSTEES 106.0 – LIMITATIONS ON AUTHORITY OF TRUSTEES 107.0 – MEETINGS OF THE BOARD OF TRUSTEES 108.0 – FORMULATION OF BOARD POLICY 109.0 – POLICY DISSEMINATION 110.0 – RECRUITMENT AND APPOINTMENT OF THE SUPERINTENDENT 111.0 – ADMINISTRATION IN THE ABSENCE OF POLICY 112.0 – POLICY REVIEW AND MAINTENANCE 113.0 – CODE OF ETHICS FOR BOARD MEMBERS 114.0 – PUBLIC PARTICIPATION IN BOARD MEETINGS 115.0 – BOARD/SUPERINTENDENT RELATIONSHIP 116.0 – BOARD MEMBER DEVELOPMENT OPPORTUNITIES 117.0 – DUTIES OF SCHOOL ATTORNEY 118.0 – SEXUAL HARASSMENT, DISCRIMINATION AND RETALIATION POLICY 119.0 – POLICY OF NON-DISCRIMINATION IN THE WORKPLACE 120.0 – POLICY OF EQUAL EDUCATIONAL OPPORTUNITIES 121.0 – SMOKE FREE CAMPUS AND VEHICLES 122.0 – GEOGRAPHICAL DESCRIPTION OF SCHOOL DISTRICT 91 Section 100 – The Board of Trustees Page 2 of 31 IDAHO FALLS SCHOOL DISTRICT 91 BOARD POLICY SECTION 100 THE BOARD OF TRUSTEES 101.0 - LEGAL STATUS OF THE BOARD OF TRUSTEES 101.1 Legal Status and Operation The Board of Trustees of the Idaho Falls School District 91 is the governmental entity established by the State of Idaho to plan and direct all aspects of the District’s operations to the end that students shall have ample opportunity to achieve their individual and collective learning needs and to provide a thorough system of education. The District in its corporate capacity may sue and be sued and may acquire, hold, and convey real and personal property necessary to its establishment, extension, and existence. The District shall have authority to issue negotiable coupon bonds and incur such other debt in the amounts and manner as prescribed by law. The policies of the Board define the organization of the Board and the manner of conducting its official business. The Board’s operating policies are those the Board adopts from time to time to facilitate the performance of its responsibilities. Legal Reference: I.C. § 33-301 School Districts Bodies Corporate I.C. § 33-511 Maintenance of Schools I.C. § 33-512 Governance of Schools I.C. § 33-1612 Thorough System of Public Schools Adopted: _____________ Revised: 11/10/2021 Reviewed: _______________ 102.0 - THE PEOPLE OF DISTRICT 91 AND THEIR SCHOOLS 102.1 – Organization and Classification The legal name of this District is Idaho Falls School District 91, State of Idaho. The District is classified as: A K-12 school district giving instruction to pupils in grades K (kindergarten)/1 through 12. In order to achieve its primary goal of providing each child with the necessary skills and attitudes to become effective citizens, the Board shall exercise the full authority granted to it by the laws of the State of Idaho. Its legal powers, duties, and responsibilities are derived from the Idaho Constitution and State statutes and rules. Sources such as the school laws of Idaho and the rules Section 100 – The Board of Trustees Page 3 of 31 IDAHO FALLS SCHOOL DISTRICT 91 BOARD POLICY and regulations of the State Board of Education delineate the legal powers, duties, and responsibilities of the Board. Legal Reference: I.C. § 33-302 Classification of School Districts I.C. § 33-305 Naming and Numbering School Districts I.C. § 33-506 Organization and Government of Board of Trustees Adopted: _____________ Revised: 11/10/2021 Reviewed: _______________ 103.0 – SCHOOL BOARD TRUSTEE ZONES AND ELECTIONS 103.1 Membership The District is governed by a Board of Trustees consisting of five Members. Each Member is to represent a different trustee zone unless a Trustee was appointed at-large to fill a Board vacancy. The Board’s powers and duties include the broad authority to adopt and enforce all necessary policies for the management and government of the public schools. Except as otherwise provided by law, Trustees shall hold office for terms of four years until January 1 of the year in which Trustee’s term expires. All Trustees shall participate on an equal basis with other Members in all business transactions. Official action by Board Members must occur at a duly called and legally conducted meeting. A meeting of the Board means convening to make a decision or to deliberate toward a decision on any matter. School Board Members, as individuals, have no authority over school affairs or personnel, except as provided by law or as authorized by the Board. Legal Reference: I.C. § 33-313 Trustee Zones I.C. § 33-501 Board of Trustees I.C. § 33-504 Vacancies on Boards of Trustees I.C. § 74-202 Open Public Meetings – Definitions 103.2 Elections Elections conducted on behalf of the District are nonpartisan elections governed by the election laws of the State of Idaho and include the election of the Board Trustees, various public policy propositions, and advisory questions. Board Trustee elections shall be held on the first Tuesday following the first Monday in November in odd-numbered years. Any person legally qualified to hold the position of school district trustee may file a declaration of candidacy for the office. The declaration must include the name of the candidate, the term for which declaration of candidacy is made, and include the signatures of not fewer than five School District electors residing in the trustee zone of which the Section 100 – The Board of Trustees Page 4 of 31 IDAHO FALLS SCHOOL DISTRICT 91 BOARD POLICY candidate seeks election. Such declaration must be filed with the clerk of the District not later than 5:00 PM on the ninth Friday preceding the day of the election for the subject Trustee position. Any person seeking to become a write-in candidate must file a declaration of intent with the county clerk not later than 45 days before the election date and include the signatures of not fewer than five school district electors residing in the trustee zone of which the candidate seeks election. If, after expiration of the date for filing written nominations, it appears that only one qualified candidate has been nominated for a position or if only one candidate has filed a write-in declaration of intent, no election shall be held for that position. The Board or the clerk, with the written permission of the Board, shall declare such candidate elected as a Trustee. The clerk shall immediately prepare and deliver to the person a certificate of election signed by him or her bearing the seal of the District. All other scheduled trustee elections will move forward under the regular procedures. In each trustee zone, the person receiving the greatest number of votes cast within his or her zone shall be declared by the Board as the Trustee elected from that zone. If any two or more persons have an equal number of votes in any Trustee zone and a greater number than any other nominee in that zone the Board of Trustees shall determine the winner by a toss of a coin. Legal Reference: § I.C. 33-401 Legislative Intent § I.C. 33-501 Board of Trustees § I.C. 33-502 Declaration of Candidacy for Trustees § I.C. 33-502B Board of Trustees – One Nomination – No Election § I.C. 33-503 Election of Trustees – Uniform Date § I.C. 34-1404 Declaration of Candidacy § I.C. 34-1407 Write-in Candidates Adopted: _____________ Revised: 11/10/2021 Reviewed: _______________ Section 100 – The Board of Trustees Page 5 of 31 IDAHO FALLS SCHOOL DISTRICT 91 BOARD POLICY 103.2.1 – Trustee Zones The District is divided into five (5) Trustee zones. A map showing the various trustee zones can be obtained from the Office of the Superintendent. The general description of trustee zones follows: Zone 1 Beginning at Broadway and Yellowstone Streets. Northeast on Yellowstone becoming Northgate Mile to the district boundary. North on district boundary to about Iona Rd. West on district boundary to 5th East (Lewisville Hwy). Continuing north on district boundary along Lewisville Hwy to its northeast corner. Continuing west on district boundary to the point east of the Snake River where it begins to parallel the Snake River to the north and northwest. Continuing along the district boundary paralleling the Snake River to its northernmost point. West on the district boundary to the eastern bank of the Snake River. South along eastern bank of the Snake River to 33rd North. West across the Snake River along 33rd North extended west to its intersection with 33rd North on the west side of I-15. Continuing west on 33rd North to the city limits of the City of Idaho Falls. Following the city limits in a stair step fashion west and south to 26th West. South and then southwest on 26th West to the Hoff Lateral. South along Hoff Lateral to Grandview Rd. extended southwest along the city limits. Northeast along the city limits to Grandview Rd. to Skyline. South on Skyline to I-15. Northeasterly along I-15 to Broadway. East on Broadway to beginning. Zone 2 Beginning at 49th St. and the Snake River. West along the district boundary which is 49th St. extended and 49th St. to the point where the district boundary turns south. South along district boundary to the Bonneville-Bingham county line. West then North on Bonneville-Bingham county line to the Bonneville-Jefferson county line. East on Bonneville-Jefferson county line to the district boundary at about 26th West. South along district boundary and 26th West to about 129 North. Continuing east along district boundary to the Snake River. South along main channel of Snake River to 33rd North extended West on 33rd North extended and 33rd North to the city limits of the City of Idaho Falls. South and West in a stair step fashion along the city limits to the Hoff Lateral. South on the Hoff Lateral to the city limits at Grandview Rd. extended. Northeast along city limits and Grandview Rd. to Skyline Rd. South on Skyline Rd. to I-15. Northeasterly on I-15 to Broadway. East on Broadway to the west channel of the Snake River. Southwest along the west channel of the Snake River and the main channel of the Snake River to the beginning. Zone 3 Beginning at the district boundary at approximately 11300 S and 35th E. (Ammon Road.) North along the District 91 boundary in irregular steps to 12th South. (District boundary runs north to 8325 S.; then east to approximately 3750 E; then north to 7931 S.; then west to 35th E; then north to 5750 S.; then west to 25th E; then north to 49th S; then west to 15th E; then north to 33 S; then east to 20th E (Meppen Canal); then north to 12th St.) West along 12th South to Nixon St. North on Nixon to Gallop. West on Gallop to Woodruff. North on Woodruff to 9th South. West on 9th South to Lincoln. South on Lincoln a short distance to Bonneville. Southwest on Bonneville to 12th South. West on 12th South to Holmes. South on Holmes and South Holmes to 73rd South. West on 73rd South 1st Ave. East. South on 1st Ave. East to the district boundary at 97th South. East on district boundary and 97th South to the Idaho Canal South on the district boundary and the Idaho Canal to the district boundary at about Section 100 – The Board of Trustees Page 6 of 31 IDAHO FALLS SCHOOL DISTRICT 91 BOARD POLICY 113 South. East on district boundary (113) to beginning. Zone 4 Beginning at the easternmost district boundary at its intersection with the Meppen Canal. West on Meppen Canal to the district boundary. North on district boundary to 1st St. West on district boundary (1st St.), then north to Yellowstone Ave. Southwesterly on Yellowstone Ave and Northgate Mile to South Boulevard. South on South Boulevard to 12th South. East on 12th South to Bonneville St. Northeast on Bonneville to Lincoln. North a short distance on Lincoln to 9th South. East on 9th South to Woodruff. South a short distance on Woodruff to Gallup. West on Gallup to Nixon. South on Nixon to 12th South. East on 12th South to the district boundary. Northerly along district boundary to beginning. Zone 5 Beginning along the district boundary at approximately the intersection of 97th South and 1st West. North on 1st West to 73rd South. East on 73rd South to South Holmes. North on South Holmes and Holmes to 12th South. West on 12th South to South Blvd. North on South Blvd. to Northgate Mile. West and southwest on Northgate Mile and then Yellowstone Ave. to Broadway. Northwest on Broadway to the west channel of the Snake River. Southwesterly along the West bank of the Snake River and the main channel of the Snake River to the district boundary at 49th St. south. East on 49th St. Extended a short distance to the district boundary departing south. Southerly along the district boundary as it parallels the Snake River to the east to the Bonneville-Bingham county line. South along the county line a short distance to the district line departing east. East and then south along the district line to the Bonneville-Bingham county line East along county line and then the district line to the beginning. Adopted: _______________ Revised: 11/10/2021 Reviewed: 08/17/2011 10/27/2003 7/24/2001* 5/1982 * (New boundaries adopted by the State Board of Education) 103.2.2 – Membership on Board of Trustees The Board of Trustees shall consist of five (5) members. Each trustee shall be elected for a term of four (4) years or until the annual meeting of the District held during the year in which a Trustee’s term expires. The election dates for the term of each trustee from the zones are set for the third Tuesday in May as follows: ZONE 1 – 2013, 2017, 2021 and 2025 ZONE 2 – 2013, 2017, 2021 and 2025 ZONE 3 – 2011, 2015, 2019 and 2023 Section 100 – The Board of Trustees Page 7 of 31 IDAHO FALLS SCHOOL DISTRICT 91 BOARD POLICY ZONE 4 – 2011, 2015, 2019 and 2023 ZONE 5 – 2011, 2015, 2019 and 2023 Legal Reference: 33-503A Adopted: Revised: 11/10/2021 Reviewed 01/11/2011 10/27/2003 103.3 Candidate Edification Candidates for appointment or election to the Board shall be urged to attend public meetings of the Board. All public information about the school system shall be made available to them. Additionally, the Board directs the Superintendent to cooperate impartially with all candidates in providing them with information about school governance, Board operations, and school programs. Candidates in school district with 500 students or more should be informed of the requirement to file campaign finance disclosures and directed to the County Clerk’s Office for information on the filing requirements and deadlines. Notices of candidate meetings that are sponsored by impartial, nonpartisan organizations may be announced in District publications or be sent home with students. The following procedures shall be followed: 1. If a candidate is scheduled to appear or speak as a part of a school-sponsored program, all candidates for that position shall be invited to attend or to send representatives; 2. The school will not send home partisan materials through the students; and 3. The Superintendent shall invite all candidates to an information session. Each candidate will be given the same materials and information at these sessions. 103.4 Taking Office At the time of nomination, election, or appointment, each Trustee shall be a school district elector of the District and a resident of the trustee zone from which nominated and elected or appointed. Each Trustee shall qualify for and assume office on the next January 1 following his or her election or, if appointed, at the regular meeting of the Board of Trustees next following such appointment. An oath of office shall be administered to each Trustee, whether elected, re-elected, or appointed. The oath may be administered by the clerk, or by a Trustee of the District. If appointed, the oath Section 100 – The Board of Trustees Page 8 of 31 IDAHO FALLS SCHOOL DISTRICT 91 BOARD POLICY shall be administered at a regular meeting of the Board; it may not be administered at a special meeting. The records of the District shall show such oath of office to have been taken and by whom the oath was administered and shall be filed with the official records of the District. Legal Reference: I.C. § 33-501 Board of Trustees I.C. § 59-401 Loyalty Oath—Form I.C. § 59-402 Time of Taking Oath 103.5 Oath of Office An oath of office is required to be administered to each School Board Trustee, whether elected, re-elected, or appointed. Before any Trustee, elected or appointed, enters upon the duties of his or her office, he or she must take the following oath: I do solemnly swear that I will support the Constitution of the United States, and the Constitution of the State of Idaho, and that I will faithfully discharge the duties of Trustee of the Idaho Falls School District 91 according to the best of my ability. The oath is required to be administered by the clerk or by a Trustee. Additionally, the records of the District are required to show that such oath of office has been taken and by whom the oath was administered. Finally, this information is required to be filed with the official records of the District. A Trustee holds office from January 1 following their election in November until January 1 in the year in which his or her term of office expires, unless he or she: 1. Dies; 2. Resigns as Trustee; 3. Removes him or herself from the trustee zone of residence; 4. Is no longer a resident or school district elector of the District; 5. Refuses to serve as Trustee; 6. Fails to attend four consecutive regular meetings of the Board without an acceptable excuse to the Board of Trustees; or 7. Is recalled and discharged from office. If the Trustee is appointed, the oath of office must be administered at a regular board meeting. When appointed, he or she holds office from the time he or she takes the oath of office until January 1 in the year in which the original term of office to which he or she was appointed expires, unless he or she: 1. Dies; 2. Resigns as Trustee; 3. Removes him or herself from the trustee zone of residence; 4. Is no longer a resident or school district elector of the District; 5. Refuses to serve as Trustee; Section 100 – The Board of Trustees Page 9 of 31 IDAHO FALLS SCHOOL DISTRICT 91 BOARD POLICY 6. Fails to attend four consecutive regular meetings of the Board without an acceptable excuse to the Board; or 7. Is recalled and discharged from office. 103.6 Resignation Resignation of a Trustee, for whatever reason, must be submitted in writing to the clerk. The Board shall accept the resignation at any duly convened regular or special meeting and proceed to fill the vacancy as provided by statute and Board policy. Trustees retiring from the Board may be recognized for their service to the District by presentation of a service plaque or other appropriate activities. Legal Reference: I.C.§ 33-504 Vacancies on Boards of Trustees I.C.§ 59-902 Resignations 103.7 Vacancies A vacancy shall be declared by the Board of Trustees within 30 days of when any of the following occurs: A Trustee: 1. Dies; 2. Resigns; 3. Removes him or herself from the trustee zone of residence; 4. No longer is a resident or school district elector of the District; 5. Refuses to serve as Trustee; 6. Fails to attend four consecutive regular meetings of the Board of Trustees without excuse acceptable to the Board; or 7. Is recalled and discharged from office. A Trustee position also shall be vacant when an elected candidate fails to qualify. A declaration of vacancy shall be made at any regular or special meeting of the Board when any of the above-mentioned conditions are determined to exist. In the case of a trustee vacancy, the remaining Trustees shall fill the vacancy by appointment. The Board will receive applications from any qualified persons seeking to fill the position after suitable public notice. The Board will consider all applications from qualified persons seeking to fill the position in open session. The Board will appoint one candidate to serve for the balance of the unexpired term of office which was declared vacant. In the event the Board of Trustees is unable to appoint a Trustee from the zone vacated after 90 days from the date the Board declared the vacancy, the Board of Trustees may appoint a person at-large from within the boundaries of the School District to serve as the Trustee from the zone where the vacancy occurred. Otherwise, after 120 days of the declaration of vacancy, the county commissioners of the county in which the District is situated shall appoint a qualified person to fill such vacancy. Section 100 – The Board of Trustees Page 10 of 31 IDAHO FALLS SCHOOL DISTRICT 91 BOARD POLICY Legal Reference: I.C. § 33-501 Board of Trustees I.C. § 33-504 Vacancies on Boards of Trustees I.C. § 74-206(1)(a) Executive Sessions When Authorized Adopted: _____________ Revised: 11/10/2021 Reviewed: _______________ 104.0 - ORGANIZATION OF THE BOARD OF TRUSTEES 104.1 - Organization At its annual meeting, the Board of Trustees shall elect its officers from among its members. A chairman, vice-chairman, clerk, and a treasurer will be elected. A parliamentarian may be appointed. The parliamentarian will be a member of the administrative staff. 104.2 - Duties of Officers 1. Chairperson: The Chairperson of the Board shall preside at all meetings of the Board, appoint special committees as directed by the Board, and perform such other duties as are imposed upon him/her by the Board and by statute. He/she may vote in any and all cases, and in the event of a tie vote, the motion fails. He/she shall appoint all committees of the Board and shall be an ex-officio member of all such committees. 2. Vice-Chairperson: The Vice-Chairperson shall preside in the absence of the Chairperson, and shall perform such other duties as may be assigned by the Board. 3. Clerk: The Clerk is a member of the Board and shall see that a record of such proceedings is kept as required by law and by the Board. 4. Treasurer: The Treasurer is a member of the Board assigned to address fiscal responsibilities. 5. Deputy Clerk: This is a non-elected position and will be filled by Board appointment. Duties are to comply with all legal publications and deadlines with reference to elections, and to provide clerical support to the Board. 6. Deputy Treasurer: This is a non-elected position and will be filled by the Director of Finance. The Deputy Treasurer shall account for the deposit of all moneys of the District in accordance with the provisions of the public depository law (Chapter 1, Title 57, Idaho Code) and comply with all legal publications and deadlines with reference to bids, budget and financial matters relating to the proper operation of the district. a. The Board may appoint one (1) or more assistant treasurers who shall have such duties as prescribed by the Board. Assistant treasurers shall act at and under the control, supervision and direction of the Deputy Treasurer. 104.3 - Annual Meeting of the Trustees Newly elected Board members assume office at the annual meeting in January. An oath of office shall be administered to each trustee whether elected, re-elected or appointed. Said oath may be Section 100 – The Board of Trustees Page 11 of 31 IDAHO FALLS SCHOOL DISTRICT 91 BOARD POLICY administered by the Clerk or by a trustee of the district and the records of the district shall show such oath of office to have been taken and indicate the person who administered the oath. Policy History: Adopted: 08/15/2018 Reviewed: 07/18/2018 Revised: 02/13/2019 06/13/2018 105.0 - POWERS AND DUTIES OF THE TRUSTEES 105.1 - Board Policy Making Function The Board shall make policy for the operation of the District consistent with the laws of the State of Idaho and the rules and regulations of the State Board of Education, and it shall oversee and exercise its best efforts to insure the proper conduct and management of the schools of the district. 105.2 - Board Planning/Evaluating Function Since the Board of Trustees is the governing body of the school district with full control over all the many phases of the school program, its attention is necessarily directed to planning, evaluating, and policy making. The Board delegates to the Superintendent of Schools the responsibility for the day-to-day operation of the District 91 schools. 106.0 - LIMITATIONS ON AUTHORITY OF TRUSTEES 106.1 - Official Meetings The Board of Trustees shall act as a board as a whole and must exercise its powers and duties only in properly called meetings where a quorum is present to transact business. 106.2 - Individual Members Individual members cannot make commitments binding on the entire Board. A single Board member may, however, execute an assignment requested by Board action. 106.3 - Prohibition against Personal Gain It is unlawful for any trustee to: 1. Have any pecuniary interest directly or indirectly in any contract or other transaction pertaining to the maintenance or conduct of the School District; 2. Accept any compensation for services rendered as a trustee. 106.4 - Prohibition against Contracts with Spouse It is also unlawful for a school board to: "Enter into or execute any contract with the spouse of any member of the board, the terms of which said contract requires, or will require, the payment or delivery of any school district funds, money or property to such spouse." 106.5 - Compensation and Reimbursement for Trustees No compensation shall be allowed any person who is a member of the Board. However, trustees may be fully reimbursed for travel expenses incurred while traveling on the business of the Board. Section 100 – The Board of Trustees Page 12 of 31 IDAHO FALLS SCHOOL DISTRICT 91 BOARD POLICY 107.0 – MEETINGS OF THE BOARD OF TRUSTEES 107.1 - Notice of Board Meetings The superintendent shall release to public information media, at least twenty-four (24) hours prior to the scheduled meeting time, the dates and times of all regular and special meetings, together with the proposed agenda whenever possible. 107.2 - Board Agenda It is the responsibility of the Superintendent to prepare written agendas for each Board meeting. The Superintendent will direct that a copy of the agenda be delivered to each member of the Board for study and consideration at least forty-eight (48) hours before the Board Meeting. Board members having matters they desire to have placed on the agenda should contact the Superintendent at least five (5) working days before the Board Meeting. In addition, the agenda should cover items of significance which patrons of the District wish to have the Board discuss. All meeting notices and agendas must be posted on the District website. Amending Agendas: An agenda may be amended provided that a good faith effort is made to include, in the original agenda notice, all items known to be probable items of discussion. Amending the Agenda More than 48 Hours Before a Regular Meeting or 24 Hours Before a Special Meeting: If an amendment to an agenda is made after an agenda has been posted but 48 hours or more prior to the start of a regular meeting, or 24 hours or more prior to the start of a special meeting, then the agenda is amended upon the posting of the amended agenda. Amending the Agenda Less than 48 Hours Before a Regular Meeting or 24 Hours Before a Special Meeting: If an amendment to an agenda is proposed after an agenda has been posted and less than 48 hours prior to a regular meeting or less than 24 hours prior to a special meeting but prior to the start of the meeting, the proposed amended agenda shall be posted but shall not become effective until a motion is made at the meeting and the Board votes to amend the agenda. Amending the Agenda After the Start of a Meeting: An agenda may be amended after the start of a meeting upon a motion that states the reason for the amendment and states the good faith reason the agenda item was not included in the original agenda posting. 107.3 - Regular Meetings of the Trustees Each year, the Board of Trustees shall set the dates and times of Board Meetings at their annual meeting which shall be held on the date of the regularly scheduled January meeting. All meetings of the Board, both regular and special are open to the public and shall be held in the Board Room of the Administration Building unless the Board shall fix a different hour and place for the meeting. Adopted: ____________ Reviewed: Revised: 10/09/2019 02/13/2019 06/10/2008 10/27/2003 Section 100 – The Board of Trustees Page 13 of 31 IDAHO FALLS SCHOOL DISTRICT 91 BOARD POLICY 107.4 - Special Meetings of the Trustees Special meetings may be called by the Chair or by any two Trustees. If the time and place of special meetings have not been determined at a meeting of the Board with all members present, then written notice of a special meeting, stating the purpose of the meeting, shall be delivered to each Trustee not less than 24 hours prior to the time of the meeting. Such written notice shall be posted conspicuously at the District Office and at least two or more public buildings within the District. Business transacted at a special meeting will be limited to that stated in the notice of the meeting. The Board has the power to wave the Agenda timeline requirement for a Special meeting. 107.5 - Executive Sessions of the Board Pursuant to Idaho Code, upon a 2/3 roll call vote recorded in the minutes of the meeting, the Board may hold an executive session after the Board Chair has expressly identified the specific legal authorization for holding an executive session and provided sufficient detail to identify the general purpose and topic of the executive session. However, the information provided shall not compromise the purpose of going into an executive session. Only in the event that Board vacancies, and not absences, prevent a 2/3 majority from being present, a simple majority vote to enter executive session may be called. An executive session may be held for, and only for, the following purposes: 1. To consider hiring a public officer, employee, staff member, or individual agent wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. Please note this does not apply to filling a vacancy in an elective office or deliberations about staffing needs in general. 2. To consider the evaluation, dismissal, or disciplining of; or to hear complaint or charges brought against a public officer, employee, staff member or individual agent, or a student. 3. To acquire an interest in real property that is not owned by a public agency. 4. To consider records exempt from public disclosure. 5. To consider preliminary negotiations involving matters of trade or commerce in which the Board is in competition with other governing bodies in other states or nations. 6. To communicate with legal counsel and to discuss any legal ramifications and/or legal options for pending litigation or possible legal controversies not yet being litigated, but imminently likely to be litigated. The presence of legal counsel at executive session is not sufficient to satisfy this requirement. Section 100 – The Board of Trustees Page 14 of 31 IDAHO FALLS SCHOOL DISTRICT 91 BOARD POLICY 7. To communicate with a representative of the District’s risk management or insurance provider to discuss a pending claim or prevention of a possible claim imminently likely to be filed. The presence of a risk management or insurance provider at executive session is not sufficient to satisfy this requirement. 8. To conduct deliberations regarding labor negotiations. Note: The Board may still deliberate regarding labor negotiations and may caucus regarding negotiations in Executive Session. However, all actual negotiations between the parties; such as the exchange of offers, counteroffers, and exchange of documents; must be conducted in open session. No action may be held for the purpose of taking any final action or making any final decisions except for making a determination to place a certified professional employee on probation or taking action on a student disciplinary hearing. If only an executive session will be held, a 24-hour meeting and agenda notice shall include the date, time, place, items to be discussed, and the specific provision of law authorizing the executive session. The Board will not change the subject within the executive session to any subject not identified within the motion to enter executive session or to any topic for which an executive session is not provided. Legal Reference: I.C. § 33-205 Denial of Student Attendance I.C. § 33-510 Annual Meetings – Regular Meetings – Board of Trustees I.C. § 74-202 Open Public Meetings – Definitions I.C. § 74-203 Governing Bodies--Requirement for Open Public Meetings I.C. § 74-204 Notice of Meetings I.C. § 74-205 Written Minutes of Meetings I.C. § 74-206 Executive Sessions – When Authorized I.C. § 74-206A Negotiations in Open Session Idaho Open Meeting Law Manual, current edition Adopted: Reviewed: Revised: 01/25/2022 02/13/2019 07/09/2013 11/10/2009 01/10/2006 02/15/2005 10/27/2003 Section 100 – The Board of Trustees Page 15 of 31 IDAHO FALLS SCHOOL DISTRICT 91 BOARD POLICY 107.6 - Order of Business for Board Meetings The following order of business is desired at meetings of the Board of Trustees. Work Session or Closed Session (when necessary) OPENING CEREMONIES Pledge of Allegiance SPECIAL ORDERS OF THE DAY Recognitions ADOPTION OF THE AGENDA REPORTS/INPUT/INFORMATION Student Reports Superintendent’s Report (as needed) Patron Input (Sign-in Required) IFEA Report Education Foundation First Reading of Policy Changes Other (As needed) CONSENT AGENDA Approval of Minutes Review of Payment of Claims Staff Actions Matching Funds Student Travel Other PROPOSALS [Note: See Policy 108.6] Second Reading of Policy Changes Other (as needed) ACTION ITEMS (Action requested) Third Reading of Policy Changes Other (as needed) Closed Session (when necessary) Adjournment Announcements Adopted: Reviewed: Revised: 02/13/2019 07/09/2013 11/10/2009 01/10/2006 02/15/2005 10/27/2003 Section 100 – The Board of Trustees Page 16 of 31 IDAHO FALLS SCHOOL DISTRICT 91 BOARD POLICY 107.7 - Attendance of Superintendent of Schools at Meetings The Superintendent of the school system, or the Superintendent's designee, shall be present at all Board meetings, except when excused for good cause or when the Superintendent's own position or salary is under consideration in executive session. At such times, the Superintendent would expect to be excused so that the Board could consider these matters freely. 107.8 - Quorum Necessary for Board Meetings A majority of the Board, three members, shall constitute a quorum to transact business at any meeting of the Board. If a quorum is not present within twenty (20) minutes after the time set for a meeting, the members then in attendance may adjourn to any date prior to the next regularly scheduled meeting, and notice of such meeting date, together with time and place, shall be given to all Board members. 107.9 - Voting at Board Meetings The Board's vote on motions and resolutions shall be by aye's and no's, and the vote shall be recorded. Unless otherwise provided by law, all questions shall be determined by a majority of the votes cast, provided there is a quorum present. 107.10 - Robert's Rules of Order In general, Robert's Rules of Order, current revised edition, shall govern the proceedings of the Board. The main exception is that the Board Chairman retains full membership privileges, and may offer and second motions, and is expected to vote on all motions. 107.11 - Minutes of Board Meetings The Clerk shall assure that a complete record of all transactions of the Board is made and shall set them forth in full in the official minutes of the Board. The minutes are to be approved as written and/or corrected. Minutes shall be typed and kept on file as the permanent official record of the District. The Clerk shall act as custodian of the minutes and shall make them available to any citizen desiring to examine them during the usual office hours of the District. Duties assigned to the Clerk may be delegated through the Superintendent to appropriate personnel. 107.12 - Voting Disqualification of Board Member When any relative of a trustee or of a trustee's spouse is considered for employment in the School District, such trustee shall abstain from voting in the selection of such relative and shall absent himself/herself from the meeting while such employment is being considered and determined. A trustee's spouse cannot be a District employee. 107.13 - Annual Meeting of the Board of Trustees The annual meeting of the Board shall be held in January of each year. 107.14 - Use of Video and Recording Equipment During Meetings The Board believes that the practice of recording Board meetings or meetings between administration and staff with patrons other than in declared hearings has a tendency to stifle open expression and allows an opportunity for quotation out of context. Section 100 – The Board of Trustees Page 17 of 31 IDAHO FALLS SCHOOL DISTRICT 91 BOARD POLICY 107.14.1 - Employees May Decline to be Recorded It is the District policy that unless there is a prescribed legal right to record or a specific agreement by all parties to a proceeding or deliberation to which the Board, administrators or employees of the District are party, such District personnel shall be authorized to decline participation if the proceeding is being recorded. 107.14.2 - Prohibition Does Not Apply to Board Meetings This policy is not intended to prohibit recordings of Board meetings or public statements by news media which will generally be encouraged subject to specific proceedings when the Board determines otherwise. 107.14.3 - Recordings of Board Meetings The Board of Trustees will not prohibit the use of electronic recording devices, cameras, or other media during the board meeting, if the use is unobtrusive and does not disrupt the meeting. Idaho Code 67-2342 Adopted: Reviewed: Revised: 02/13/2019 108.0 - FORMULATION OF BOARD POLICY 108.1 District Policy The adoption of new policies and the revision and amending of existing policies shall be the sole responsibility of the Board of Trustees. All policies shall conform to local, State, and federal laws as well as to the rules and regulations of the State Board of Education. Adopted: 2/10/1997 Reviewed: Revised: 12/08/2021 10/09/2019 108.2 – Adoption and Amendments of Policies Proposed new policies and proposed changes in existing policies shall be presented in writing for reading and discussion at a regular or special Board meeting. Such proposals may be referred to the Superintendent for detailed study as needed prior to Board action on the proposal. The Board encourages the Superintendent to contact other experts to have potential policies researched. Interested parties, including any Board Member, citizen, or employee of the Board may submit views or present data or arguments, orally or in writing, in support of or in opposition to proposed policy. Any written statement by a person relative to a proposed policy or amendment should be directed to the District clerk prior to the second reading. Proposed new policies and proposed changes in existing policies shall undergo a minimum of two readings in the following manner: 1. At a regular or special Board meeting the proposed new or amended policy shall be presented in writing for reading and discussion; and Section 100 – The Board of Trustees Page 18 of 31 IDAHO FALLS SCHOOL DISTRICT 91 BOARD POLICY 2. The final vote for adoption shall take place not earlier than at the second reading of the particular policy. Although approval of a new or amended policy requires a minimum of two readings, temporary approval may be granted by the Board in lieu of formal policy to meet emergency conditions or special events which will take place before formal action can be taken or the Board can take a majority vote to suspend the two-reading requirement for warranted circumstances. All new or amended policies shall become effective upon adoption, unless a specific effective date is provided in the motion for adoption. Policies as adopted or amended shall be made a part of the minutes of the meeting at which action was taken and shall also be included in the District's policy manual. Policies of the District shall be reviewed periodically, unless otherwise detailed in a specific policy by the Board. 108.3 – Suspension of Policies Under circumstances which require a waiver of a policy, policy may be suspended by a majority vote of the members present. In order to suspend a policy, all Trustees must have received written notice of the meeting which included a proposal to suspend the policies with an explanation of the purpose of such proposed suspension. If such a proposal is not made in writing in advance of the meeting, the policies may only be suspended by a unanimous vote of all Trustees present. 108.4 - Conflicting Policies and Procedures If any of the policies adopted by the Board of Trustees conflict with one another, the policy adopted, revised, or reviewed most recently shall be the policy in effect. If any procedures promulgated by the District conflict with one another, the procedure adopted, revised, or reviewed most recently shall be the procedure in effect. If any policy and procedure conflict with one another, the policy shall override the procedure. Adopted: Reviewed: Revised: 12/08/2021 10/09/2019 Cross References: 1303 Policies and Procedures to Review Annually-ISBA Legal References: I.C. § 33-506 Organization and Government of Board of Trustees I.C. § 33-512 Governance of Schools Section 100 – The Board of Trustees Page 19 of 31 IDAHO FALLS SCHOOL DISTRICT 91 BOARD POLICY 109.0 - POLICY DISSEMINATION 109.1 Administrative Procedures The Superintendent shall develop such administrative procedures as are necessary to ensure consistent implementation of policies adopted by the Board. When a written procedure is developed, the Superintendent shall submit it to the Board as an information item. Such procedures need not be approved by the Board, though they may be revised when it appears that they are not consistent with the Board's intentions as expressed in its policies. On controversial topics, the Superintendent may request prior Board approval. 109.2 – Policy Manuals The Superintendent shall develop and maintain a current policy manual which contains the policies of the District. Each administrator, as well as staff, students, and other residents, shall have ready access to the manual. All policy manuals distributed to anyone shall remain the property of the District and shall be subject to recall at any time. 109.3 - Board Policy as Public Record The Board’s policy manual will be considered a public record and will be open for inspection at the District offices and on the District’s web site www.d91.k12.id.us. Adopted: Reviewed: Revised: 01/12/2022 10/27/2003 110.0 - RECRUITMENT AND APPOINTMENT OF THE SUPERINTENDENT The appointment of a superintendent is a function of the Board of Trustees. The Board will conduct an active search to find the person it believes can most effectively translate into action the policies of the Board and the aspirations of the community and the professional staff. The Board may seek the advice and counsel of interested individuals or of an advisory committee, or it may employ a consultant to assist in the selection. However, final selection will rest with the Board of Trustees. A vote of the majority of Board membership present at a Board meeting for which due notice has been given of the intended action will be required for the appointment of the superintendent. Policy History: Adopted: Revised: Reviewed: 11/29/2017 Section 100 – The Board of Trustees Page 20 of 31 IDAHO FALLS SCHOOL DISTRICT 91 BOARD POLICY 111.0 - ADMINISTRATION IN THE ABSENCE OF POLICY 111.1 Administration in Absence of Policy In cases where action must be taken before the next Board meeting and where the Board has provided no policies or guides for administrative actions, the Superintendent shall have to power to act. His or her decisions, however, shall be subject to review by action of the Board at its next regular meeting. In addition, it shall be the duty of the Superintendent to inform the Board of such action and the need for policy. 1. Development of Regulations: The Board delegates to the superintendent the function of specifying required actions and designing the detailed arrangements under which the District will be operated in accordance with Board policy. These detailed arrangements constitute the regulations governing the district. The Superintendent will recommend to the Board whether or not a policy should be written to cover similar incidents. Adopted: ___________ Reviewed: Revised: 01/12/2022 Section 100 – The Board of Trustees Page 21 of 31 IDAHO FALLS SCHOOL DISTRICT 91 BOARD POLICY 112.0 - POLICY REVIEW AND MAINTENANCE 112.1 - Board to Review Policy Annually In an effort to keep its written policies up-to-date so that they may be used consistently as a basis for Board action and administrative decision, the Board will review its policies on a continuing basis. The superintendent is directed to keep all policies up to date. 112.2 - Board Evaluation of Existing Policies The Board will evaluate how the policies have been executed by the school staff and weigh the results. It will rely on the school staff, students, and the community for providing evidence of the effect of the policies which it has adopted. 112.3 - Superintendent to Recommend Policy Revisions The superintendent is given the continuing commission of calling to the Board's attention all policies that are out-of-date or appear to need revision for other reasons. 113.0 - CODE OF ETHICS FOR BOARD MEMBERS 113.1 - Need for Code of Ethics The Board of Trustees of the Idaho Falls School District No. 91 recognizes the need for ethical behavior on the part of each member and by the Board acting as a whole. The Board, therefore, ascribes to the following as its Code of Ethics. 113.2 - Board Member Responsibility A School Board member should honor the high responsibility which his or her membership demands: 1. By thinking always in terms of "children first.” 2. By understanding that the basic function of the school board member is "policy making" and not "administrative," and by accepting the responsibility of learning to discriminate between these; 3. By accepting the responsibility along with his/her fellow board members of seeing that the maximum of facilities and resources is provided for the proper functioning of schools; 4. By representing at all times the entire school community; 5. By accepting the responsibility of becoming well informed concerning the duties of board members, and the proper functions of public schools; 6. By recognizing responsibility as a State official to seek the improvement of education throughout the State. 113.3 - Board Member Relationships to Other Board Members A School Board Member should respect his relationships with other members of the Board: 1. By recognizing that authority rests only with the Board in official meetings, and that the individual member has no legal status to bind the Board outside of such meetings; 2. By recognizing the integrity of their predecessors and associates and the merit of their work; Section 100 – The Board of Trustees Page 22 of 31 IDAHO FALLS SCHOOL DISTRICT 91 BOARD POLICY 3. By refusing to make statements or promises as to how he/she will vote on any matter which should properly come before the Board as a whole; 4. By making decisions only after all facts bearing on a question have been presented and discussed; 5. By respecting the opinion of others and by graciously conforming to the principle of "majority rule"; 6. By refusing to participate in irregular meetings which are not official and in which all members do not have the opportunity to attend. 113.4 - Board Member Responsibility to Community School Board members should meet their responsibilities to the community: 1. By attempting to appraise fairly both the present and future educational needs of the community; 2. By regarding it as a major responsibility of the board to interpret the aims and the methods of the schools to the community; 3. By insisting that all school business transactions be on an open, ethical, and above-board basis; 4. By vigorously seeking adequate financial support for the schools; 5. By refusing to use the position on a school board in any way whatsoever for personal gain or personal prestige; 6. By refusing to discuss personnel matters or any other confidential business of the Board; 7. By maintaining communications with the community relative to pertinent issues. 114.0 - PUBLIC PARTICIPATION IN BOARD MEETINGS 114.1 - Public Invited to Attend Sessions The Board desires citizens of the district to attend its sessions so that they may become better acquainted with the schools and so that the Board may have opportunity to hear the expectations the public has of its schools. 114.2 - Function of Board Meeting It is of paramount importance, however, that the patrons realize that a Board meeting is a meeting held in public view, not a public meeting. To permit community members to be heard, and at the same time to conduct its meetings properly and efficiently, the Board establishes the following procedures for persons wishing to speak before the Board: 1. The person should inform the Superintendent at least five (5) working days before the meeting of his/her desire to be on the Board agenda; the topic to be addressed; and any group he/she represents. The amount of time allotted for the presentation will be determined in consultation with the Superintendent. 2. Individuals who appear at a Board Meeting to address a topic on the published Agenda will be allowed three (3) minutes to make their remarks. Extensions to this time limit are at the sole discretion of the Board Chairman. The Board will generally not respond to remarks made in this manner during the meeting, but may issue a written response after the meeting. Section 100 – The Board of Trustees Page 23 of 31 IDAHO FALLS SCHOOL DISTRICT 91 BOARD POLICY 3. Speakers may offer objective criticisms of school operations and programs, but the Board will not hear complaints about school personnel or other persons at a public session. Other channels provide for Board consideration of complaints involving individuals. 114.3 - Authority of Board Chairman The Chairman will have authority to terminate the remarks of any individual who does not adhere to the above rules. Persons appearing before the Board are reminded that although requests may be directed to the Board, action will not be taken on any item not on the published agenda. 115.0 - BOARD/SUPERINTENDENT RELATIONSHIP 115.1 - Importance of Board Policy The Board believes that the legislation of policies is the most important function of a school board and that the execution of the policies should be the function of the Superintendent. 115.2 - Executive Power Delegated to Superintendent Delegation by the Board of its executive powers to the Superintendent provides freedom for the Superintendent to manage the schools within the Board's policies and frees the Board to devote its time to policy-making and appraisal functions. 115.3 - Superintendent Held Accountable for Operation The Board holds the Superintendent responsible for the administration of its policies, the execution of Board decisions, the operation of the internal machinery designed to serve the school program, and for keeping the Board informed about school operations and problems. 115.4 - Support for Superintendent in Delegated Duties The Board will strive to procure, when a vacancy exists, the best professional leader available for the head administrative post. Once hired, the Board as a whole, and individual members, will: 1. Give the Superintendent full administrative authority for properly discharging all professional duties, and by holding the Superintendent responsible for acceptable results. 2. Act only upon the recommendation of the Superintendent in matters of employment or dismissal of school personnel. 3. Hold all meetings of the Board in the presence of the Superintendent except when the Superintendent's contract and salary are under consideration. 4. Refer all complaints to the Superintendent for appropriate investigation and action. 5. Adequately support the Superintendent and other staff members to the end that they can discharge their educational functions on a thoroughly professional basis. 6. Present personal criticisms of any employee directly to the Superintendent. Section 100 – The Board of Trustees Page 24 of 31 IDAHO FALLS SCHOOL DISTRICT 91 BOARD POLICY 116.0 - BOARD MEMBER DEVELOPMENT OPPORTUNITIES 116.1 - Importance of Inservice for Board Members The Board of Trustees places a high priority on the importance of planned and continuing program of Inservice for its members. The central purpose of the program is to enhance the quality and effectiveness of public school governance in our school district. The Board shall plan specific inservice activities designed to assist Board members in their efforts to improve their skills as members of a policymaking body; to expand their knowledge about trends, issues and new ideas affecting the continued welfare of our local schools; and to deepen their insights into the nature of leadership in a modern democratic society. 116.2 - Board Members Encouraged to Attend Organizational Meetings Board members shall be encouraged to participate in meetings and activities of area, state, and national school boards associations, and of other educational groups, and to study and examine the materials receive from these organizations. 116.3 - Professional Staff Presentations to Board Members To help members develop understanding of the educational program, the superintendent shall request members of the professional staff to appear before the Board from time to time to present and discuss new developments in various areas of curriculum and instruction, law, public school finance, and other items that may expand the knowledge base of Board members. 117.0 - DUTIES OF SCHOOL ATTORNEY 117.1 - Appointment of School Attorney The Board will appoint an attorney to advise and represent the District as the Board deems necessary. 117.2 - Duties of School Attorney The School Attorney will be the chief legal advisor for the district. Without restricting the generality of the foregoing, it is his/her responsibility to: 1. Be present as requested at meetings of the Board and its committees. 2. Advise the Board and its officials when requested to do so on legal matters. 3. Advise the Board and superintendent on points of law where the rights and liabilities of the District may be affected. 4. Upon request, prepare and/or approve all contracts, agreements, and legal instruments required in the ordinary course of District affairs. 5. Handle legal actions brought by the Board and defend legal actions brought against the Board, the District, and/or its employees for causes related to their employment. 6. Upon request, investigate and report on accident claims and other claims made against the District. 7. Serve as advisor to the Board on negotiations and enforcement of existing employee contracts. 8. Represent the Board in contract matters affecting the superintendent of schools. Section 100 – The Board of Trustees Page 25 of 31 IDAHO FALLS SCHOOL DISTRICT 91 BOARD POLICY 118 SEXUAL HARASSMENT, DISCRIMINATION AND RETALIATION POLICY Policy Purpose The purpose of this policy is to promote working and learning environments that are free from sex and gender-based harassment, discrimination, and retaliation, and to affirm Idaho Falls School District’s commitment to non-discrimination, equity in education and equal opportunity for employment. Scope of Policy This policy applies to all members of Idaho Falls School District’s community, including students, employees, and other members of the public including guests, visitors, volunteers, and invitees. Policy Statement Idaho Falls School District is committed to providing a workplace and educational environment, as well as other benefits, programs, and activities, that are free from sex and gender-based harassment, discrimination, and retaliation. Accordingly, the District prohibits harassment and discrimination on the basis of sex, sexual orientation, gender, gender identity, and pregnancy, as well as retaliation against individuals who report allegations of sex and gender-based harassment and discrimination, file a formal complaint, or participate in a grievance process. Students, employees, or other members of the District community who believe that they have been subjected to sex or gender-based harassment, discrimination, or retaliation should report the incident to the Title IX Coordinator, who will provide information about supportive measures and the applicable grievance process(es). Violations of this policy may result in discipline for both students and District employees. Title IX Coordinator The Human Resources Director or designee serves as Idaho Falls School District’s Title IX Coordinator and oversees implementation of this policy. The Title IX Coordinator has the primary responsibility for coordinating the District’s efforts related to the intake, investigation, resolution, and implementation of supportive measures to stop, remediate, and prevent sex and gender-based harassment, discrimination, and retaliation prohibited under this policy. The Title IX Coordinator acts with independence and authority and is free from bias and conflicts of interest. To raise any concern involving bias, conflict of interest, misconduct or discrimination committed by the Title IX Coordinator, contact the Superintendent or Assistant Superintendent at 208-525- 7500. If the District’s Title IX Coordinator is the subject of any complaint regarding sex or gender- based harassment or has an apparent bias or conflict of interest regarding such a case, another Section 100 – The Board of Trustees Page 26 of 31 IDAHO FALLS SCHOOL DISTRICT 91 BOARD POLICY person shall be appointed to act as the Title IX Coordinator for handling that case. Such appointees may include, but are not limited to: 1. The Title IX Coordinator of another school district which the District has an agreement with; 2. Another employee of the District who is qualified and trained to address the matter, such as a deputy Title IX Coordinator; 3. A qualified and trained individual who enters into a professional services contract with the District; including but not limited to the District’s legal counsel and/or contracted Human Resources or Title IX professionals. Concerns of bias, conflict of interest, misconduct, or discrimination committed by any other official involved in the implementation of this policy or related grievance processes should be raised with the Title IX Coordinator. Mandatory Reporters Idaho Falls School District has classified all employees as mandatory reporters of any knowledge they have that a member of the District community experienced sex or gender-based harassment, discrimination, and/or retaliation. Accordingly, all District employees must promptly report actual or suspected sex and gender-based harassment, discrimination, and/or retaliation to the Title IX Coordinator. District employees must share with the Title IX Coordinator all known details of a report made to them in the course of their employment, as well as all details of behaviors under this policy that they observe or have knowledge of. Failure of a District employee to report an incident of sex or gender-based harassment, discrimination, or retaliation to the Title IX Coordinator of which they become aware is a violation of this policy and can be subject to disciplinary action for failure to comply. In addition, District employees must also report allegations of suspected child abuse and/or neglect to either law enforcement or the Idaho Department of Health and Welfare as described in Idaho Code 16-1605. Contact Information Complaints or notice of alleged policy violations, or inquiries about or concerns regarding this policy and related procedures, may be made internally to Idaho Falls School District Title IX Coordinator (or deputies, if applicable) using the contact information below: Idaho Falls School District/ Human Resources Department Office of Director of Human Resources 690 John Adams Pkwy 208-525-7500 wadeheat@d91.k12.id.us www.d91.k12.id.us External inquiries can be made to the U.S. Department of Education, Office for Civil Rights, Region 10, using the contact information below: Section 100 – The Board of Trustees Page 27 of 31 IDAHO FALLS SCHOOL DISTRICT 91 BOARD POLICY Seattle Office Office for Civil Rights U.S. Department of Education 915 Second Avenue, #3310 Seattle, WA 98174-1099 OCR.Seattle@ed.gov 1-800-877-8339 Notice/Formal Complaints of Sex and Gender-Based Harassment, Discrimination, and/or Retaliation Notice or formal complaints of sex or gender-based harassment, discrimination, and/or retaliation may be made using any of the following options: 1. File a complaint with, or give verbal notice to, the school based Title IX Coordinator (or deputy/deputies, if applicable). Such a report may be made at any time, including during non- business hours, by using the telephone number, email address, or by mail to the office address listed for the Title IX Coordinator (or any other official as listed above). 2. Report online, using the reporting form posted at www.d91.k12.id.us. 3. Report by phone at 208-525-7500. When notice is received regarding conduct that may constitute Title IX sexual harassment, Idaho Falls School District shall provide information about supportive measures and how to file a formal complaint, as described in Administrative Procedures. A formal complaint means a document filed/signed by the alleged victim or signed by the Title IX Coordinator alleging an individual violated this policy and requesting that the District investigate the allegation(s). As used in this paragraph, the phrase “document filed/signed by the alleged victim” means a document or electronic submission (such as by electronic mail or through an online portal provided for this purpose by the District, if applicable) that contains the alleged victim’s physical or digital signature, or otherwise indicates that the alleged victim is the person filing the complaint. For example, an alleged victim may send an email to the Title IX Coordinator, identify themselves as the alleged victim and the one sending the email, to file a formal complaint. If notice is submitted in a form that does not meet this standard, the Title IX Coordinator will contact the alleged victim to ensure that it is filed correctly. Parents and legal guardians of primary and secondary school students who have the legal authority to act on their child’s behalf may file a formal complaint on behalf of their child. Grievance Processes When a formal complaint is made alleging that this policy was violated, the allegations are subject to resolution using one of Idaho Falls School District’s grievance processes noted below, as determined by the Title IX Coordinator. All processes provide for a prompt, fair, and impartial process. Section 100 – The Board of Trustees Page 28 of 31 IDAHO FALLS SCHOOL DISTRICT 91 BOARD POLICY 1. For formal complaints regarding conduct that may constitute Title IX sexual harassment involving students or employees, the District will implement procedures detailed in the Administrative Procedures. 2. For formal complaints regarding sex and gender-based harassment, discrimination and/or retaliation where students are the accused party, and that do not constitute Title IX sexual harassment, the District will implement procedures described in Board Policy 1005.8 and 1005.18. 3. For formal complaints regarding sex and gender-based harassment, discrimination and/or retaliation where employees are the accused party, and that do not constitute Title IX sexual harassment, the District will implement procedures described in student handbook, policy 1005.8 Policy History: Adopted: 11/18/2020 Revised: Reviewed: Legal Reference: Legal References: 20 U.S.C. §§ 1681 - 1682 Title IX of the Education Amendments of 1972 34 CFR Part 106 Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance 119.0 POLICY OF NON-DISCRIMINATION IN THE WORKPLACE 119.1 - General Statement on Non-Discrimination The District shall provide equal employment opportunities to all persons, regardless of their race, color, religion, creed, national origin, sex, gender identity and expression, sexual orientation, age, ancestry, marital status, military status, citizenship status, pregnancy, use of lawful products while not at work, physical or mental handicap or disability if otherwise able to perform the essential functions of the job with reasonable accommodations, and other legally protected categories. The District will make reasonable accommodation for an individual with a disability known to the District, if the individual is otherwise qualified for the position, unless the accommodation would impose an undue hardship upon the District. Inquiries regarding discrimination should be directed to the Title IX or Nondiscrimination Coordinator. Specific written complaints should follow the Uniform Grievance Procedure. In compliance with federal regulations, the District will notify annually all students and applicants of this policy and the designated coordinator to receive inquiries. Notification should include the name and location of the coordinator. This policy will prevail in all matters concerning staff, students, the public, educational programs and services, and individuals with whom the Board does business. Section 100 – The Board of Trustees Page 29 of 31 IDAHO FALLS SCHOOL DISTRICT 91 BOARD POLICY 119.2 - Specific Areas Covered by Non-Discrimination Statement In keeping with the requirements of federal and state law, this school district will strive toward non-discrimination in any employment assignment and promotion of personnel, in educational opportunities and services offered students, in their assignment to schools and classes, in their discipline, in location and use of facilities, and in educational offerings and materials. 119.3 - Encouragement to Improve Relationships The Board encourages its staff to improve human relations within the schools and to establish channels through which citizens can communicate their human relations concerns to the administration and the Board. Policy History: Adopted: Revised: 09/09/2020 Reviewed: 07/12/2020 09/09/2015 08/12/2015 Legal References: 8 U.S.C. §§ 1324(a), et seq. Immigration Reform and Control Act 20 U.S.C. §§ 1681-82, et seq. Title IX of the Education Amendments of 1972 29 U.S.C. § 206(d) Equal Pay Act of 1963 -Prohibition of Sex Discrimination 29 U.S.C. §§ 621-34 Age Discrimination in Employment Act 29 U.S.C. §§ 791, et seq. Rehabilitation Act of 1973 42 U.S.C. §§ 12101, et seq. Title I of the Americans with Disabilities Act of 1990 42 U.S.C. §§ 2000(e), et seq. Title VII of Civil Rights Act of 1964 (Equal Opportunity Employment) 29 C.F.R. Part 1601 Implementing Title VII of Civil Rights Act 29 CFR § 1604.10 Pregnancy Discrimination Act - Employment Policies Relating to Pregnancy and Childbirth 34 C.F.R. Part 106 Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance I.C. § 67-5909 State Government and State Affairs - Acts Prohibited U.S. Supreme Court Decision: Boystock v. Clayton County Georgia 120.0 - POLICY ON EQUAL EDUCATIONAL OPPORTUNITIES 120.1 - General Statement on Equal Educational Opportunities Unlawful discrimination against students on the basis of race, gender, color, national origin, religion, creed, marital status or disability in educational programs and activities is prohibited. The District will not discriminate against a student on the basis of sexual orientation. Adopted: Revised: ________ Reviewed: 11/10/2021 Section 100 – The Board of Trustees Page 30 of 31 IDAHO FALLS SCHOOL DISTRICT 91 BOARD POLICY 121.0 - SMOKE FREE CAMPUS AND VEHICLES 121.1 - Board Commitment to Clean Environment The Idaho Falls School District #91 Board of Trustees is dedicated to providing a healthy, comfortable, and productive environment for staff, students, and citizens. The Board believes that education has a central role in establishing patterns of behavior related to good health and shall take measures to achieve this goal. 121.2 - Board Concern for Employee Health The Board is concerned about the health of its employees and also recognizes the importance of adult role-modeling for students during formative years. In addition, recent pronouncements by the Surgeon General of the United States indicate that research has proved that second hand smoke, defined as smoke that is in the air breathed by a non-smoker, is as dangerous to the non- smoker as smoking is to the smoker. 121.3 - Board Prohibition Against Employee and Student Use Therefore, effective with the final approval of this policy, smoking and the use of tobacco products shall be prohibited in all school buildings and all district-owned vehicles. Possession and use of tobacco products by students on school property or in district-owned vehicles is also prohibited. This policy is binding upon all district employees and students enrolled in District 91 schools. 121.4 - Prohibition of Use by Others in School Buildings Citizens who are observed smoking or using tobacco products while in school buildings, or traveling in district-owned vehicles, shall be asked to refrain from such use. If the individual fails to comply, his or her violation will be reported to the appropriate building principal or administrator. The principal or administrator shall make a decision on what further action to take with the individual, and may include a directive to leave the school building. Repeated violations may result in a recommendation to the Superintendent that the individual be prohibited from entering district buildings or traveling in district-owned vehicles. 121.5 – Definition For the purposes of this policy, tobacco use shall be defined as the use of a cigarette, cigar, pipe, smokeless tobacco in any form and other smoking products specifically including electronic cigarettes, electronic nicotine delivery systems or vaporized smoking devices. Legal Reference: I.C. § 39-5501 et seq. Clean Indoor Air Act Policy History: Adopted: Revised: 01/25/2022 Reviewed: 08/12/2015 09/09/2015 Section 100 – The Board of Trustees Page 31 of 31 IDAHO FALLS SCHOOL DISTRICT 91 BOARD POLICY 122.0 - GEOGRAPHICAL DESCRIPTION OF SCHOOL DISTRICT 91 122.1 - Description of School District 91 BEGINNING at the northwest corner of Sec. 6, Twp. 3 N., R. 34 EBM; thence east along the county line 22 miles, more-or-less, to the northeast corner of Section 3, Twp. 3 N., R. 37 EBM; thence south 1 mile to the southeast corner of Sec. 3, Twp. 3 N., R. 37 EBM; thence east 1 1/2 miles more-or-less to the east bank of the Snake River; thence southerly along the east bank of said Snake River to the south line of Sec., 24, Twp. 3 N., R. 37 EBM; thence east 1 1/4 miles, more-or-less, to the northeast corner of Sec. 30, Twp. 3 N., R. 38 EBM; thence south 3 miles to the southeast corner of Sec. 6, Twp. 2 N., R. 38 EBM; thence east 1 mile to the northeast corner of Sec. 8, Twp. 2 N., R. 38 EBM; thence south 2 miles to the southwest corner of Sec. 16, Twp. 2 N., R. 38 EBM; thence east 1/2 mile to the south quarter corner of said Sec. 16, same Twp. and R; thence south on the north-south center line of Sec. 21, Twp. 2 N., R. 38 EBM, approximately 1/2 mile to an intersection with the center line of Hoopes Avenue; thence south along the center line of Hoopes Avenue approximately 1/2 mile to the center line of 17th street; thence west approximately 36 feet to the south quarter corner of Sec. 21, Twp. 2 N., R. 38 EBM; thence south 1 mile to the south quarter corner of Sec. 28, Twp., 2 N., R. 38 EBM; thence west 1/2 mile to the northwest corner of Sec. 33, Twp. 2 N., R. 38 EBM; thence south 1 mile to the southwest corner of said Sec. 33, Twp. 2 N., R. 38 EBM; thence east 1 mile to the northwest corner of Sec. 3, Twp. 1 N., R 38 EBM; thence south 1/2 mile to the west quarter of said Sec. 3; thence east 1 mile to the east quarter corner of said Sec. 3; thence south 1 1/4 miles; thence east 1/4 mile to the northeast corner of SW 1/4 of the SW 1/4 of Sec. 11, Twp., 1 N., R. 38 EBM; thence south 1/2 mile to the southeast corner of the NW 1/4 of the NW 1/4 of Sec. 14, same Twp. and R; thence west 1/4 mile to the southwest corner of the NW 1/4 of the NW 1/4 of Sec. 14, Twp. 1 N., R. 38 EBM; thence south 1 3/4 miles, more-or-less, to the southwest corner of Sec. 23, same Twp. and R; thence west 3 miles to the southwest corner of Sec. 20, same Twp. and R; thence north 1 mile to the northwest corner of said section; thence west 1 1/2 miles, more-or-less to the south quarter corner of Sec. 13, Twp. 1 N., R. 37 EBM; thence north 1/2 mile to the center of said Sec. 13; thence west 2 1/2 miles, more-or-less, to the west quarter corner of Sec. 15, same Twp. and R; thence north to the west bank of the Snake River; thence following the west bank of the Snake River in a northerly direction 2 1/4 miles, more-or-less, to the south line of Sec. 34, Twp. 2 N, R 37 EBM; thence west 9 1/2 miles to the northwest corner of Sec. 6, Twp. 1 N., R 36 EBM; thence south 2 miles to the county line, being the southwest corner of Sec. 12, Twp. 1 N., R. 35 EBM; thence west 12 miles to the southwest corner of Sec. 7, Twp., 1 N., R. 34 EBM; thence north 14 miles to the point of beginning. END OF SECTION 100