Board of Education

Series 1000: Policy Overview, Mission Statement, and Definitions
1200 Mission Statement
1201 Mission Statement

Clintondale Community Schools will provide an academic environment that prepares our diverse student body to reach its fullest potential and become productive members of society.

Legal authority: MCL 380.11a, 380.601a
Date adopted: 10/23/23
Date revised:

Series 1000: Policy Overview, Mission Statement, and Definitions
1300 Creation, Amendment, and Posting of Policies
1301 Creation, Amendment, and Posting of Policies

Each of these Policies will become an official District Policy when approved by a majority vote of the Board at a lawfully convened meeting.  The adopted Policies override and supplant previously adopted Policies and Board resolutions.

The Board may adopt or amend any Policy after a single reading at a regular or special Board meeting, unless the law requires more than 1 reading due to the Policy’s subject matter.  The Board, may, in its discretion, review Policies at multiple meetings before taking action.   Each Policy will include the date it was adopted or revised by the Board.

The Superintendent will maintain a master copy of these Policies in the District’s central office, and the Policies may be posted on, or linked to, the District’s website.  The Board will post Policies on its website if required by law.

The Board may update, add, or delete Policies as needed.  Unless otherwise directed by the Board, the master copy will be considered the official District Policy Manual, provided the master copy included all Board-approved Policies.

Legal authority: MCL 380.11a, 380.601a
Date adopted: 10/23/23
Date revised:

Series 1000: Policy Overview, Mission Statement, and Definitions
1400 Definitions
1401 Definitions

The following definitions apply throughout this Policy Manual. If a word is defined within a specific Policy, the definition is intended to apply only to that specific Policy. Undefined words are intended to have their ordinary meaning.
A.    Capitalized terms used in these Policies are defined as follows:

1.    “Board” means the District’s Board of Education.

2.    “District” means Clintondale Community Schools.

3.    “MDE” means the Michigan Department of Education.

4.    “Superintendent” means the Superintendent of Schools. Where permitted by
    law, Superintendent also means the Superintendent’s designee.

5.    “State” means the State of Michigan.

B.    If an individual Policy does not define the following words differently, the
definitions listed below will generally apply:

1. “Business Day” means, regardless of capitalization, a day that the District’s
central office is open for business.

2. “Year” means the District’s fiscal year, July 1 to June 30.

3. “Supervisor” means the direct or immediate supervisor of the applicable
position or employee.

4. “Employee” means a person directly employed by the Board. Policies classify
employees in four categories: (1) non-exempt staff, (2) teachers and non-
teaching professionals, (3) administrators and supervisors, and (4) the
Superintendent.

5. “Parent” means a student’s natural or adoptive parent or legal guardian.

6. “Personnel” means persons employed by, contracting with, or volunteering for
the Board.

7. “Policy” means a bylaw or Policy adopted by the Board.

Date adopted: 10/23/23
Date revised:  10/28/24

Series 2000: Bylaws
2100 Official Description, Purpose, and Board Organization
2103 School District Boundaries

The District is comprised of the geographic area in the description on file in the Board office of the Macomb Intermediate School District.

The Board’s physical address is:

35100 Little Mack Ave.
Clinton Township, Michigan 48035

The Board’s mailing address is:

Board of Education
Clintondale Community Schools
35100 Little Mack Ave.
Clinton Township, Michigan 48035

Legal authority: MCL 380.11a
Date adopted: 10/23/23
Date revised:
 

Series 2000: Bylaws
2100 Official Description, Purpose, and Board Organization
2104    Student Representative(s) on the Board 

To provide the Board with a greater insight into student activities, programs, and needs, and to encourage student involvement in District governance activities, the Board may allow up to 2 non-voting student representative(s) on the Board. The student representative’s role is advisory.
A.    Selection and Term of Student Representative

1.    High school students may select up to two (2) student representative(s) in a manner developed by the building principal(s) and student council.
2.    The student representative may be selected in the spring and may serve a 1 year term for the next school year, beginning on July 1 and ending on June 30.

B.    Guidelines

1.    The student representative(s) may sit with the Board during open session at all regular and special meetings, but will not attend a closed session from which the public is excluded, unless specifically authorized by the Board.
2.    The student representative may participate in Board discussions but will not introduce, support, or vote on motions.

 

Legal authority: MCL 380.11a, 380.601a
Date adopted: 10/23/23
Date revised:

 2200    Board Powers
 2201    Board Powers/General Powers

The Board exercises powers that are expressly conferred upon the Board by Michigan Constitution or statute, and that are necessarily implied or incidental to expressly conferred powers. Except as otherwise provided by law, the Board may exercise a power incidental or appropriate to the performance of a function related to the operation of a public school and the provision of public education services in the interests of public elementary and secondary education in the District.

A.    Expressly Conferred Powers

1.     The Board will establish and maintain the grades, schools, programs, and departments it deems necessary, which may include grades Pre-K through 12, and may provide lifelong education, adult education, community education, training, enrichment, and recreation programs.

a.     The Board may educate persons by:

                                          i.     directly operating 1 or more public schools as defined in Revised School Code Section 5(6); and/or

                                         ii.     causing public education services to be provided for students through an agreement, contract, or other cooperative agreement with another public entity.

b.     The Board will:

                                          i.     ensure that each public school within the District is accredited or certified by the State Superintendent as having met or exceeded established standards;

                                         ii.     ensure that the requirements of Revised School Code Sections 1204a (annual reports), 1277a (disaggregation of data by gender for school improvement planning purposes), 1278 (core academic curriculum), and 1280 (accreditation) are met for any consortium program in which the District participates;

                                       iii.     ensure each student in grades 8-12 is provided with information on college-level equivalent courses;

                                       iv.     determine the length of the school year;

                                        v.     select, approve, and purchase textbooks as defined under Revised School Code Section 1421;

                                       vi.     administer state-required standardized tests;

                                     vii.     adopt a Parent involvement plan; and

                                    viii.     adopt, implement, and annually make available to MDE a copy of a 3 to 5-year school improvement plan and continuing school improvement process for each school in the District in compliance with Revised School Code Section 1277.

2.     The Board will provide for the safety and welfare of students while at school or a school-sponsored activity or event, and while traveling to or from school or a school-sponsored activity or event, as required by law.

3.     The Board may acquire, construct, maintain, repair, renovate, dispose of, or convey school property, facilities, equipment, technology, or furnishings as it deems appropriate, within applicable legal parameters.

4.     The Board may hire, contract with, schedule, supervise, or terminate employees, independent contractors, and other persons or entities to carry out District powers. The Board may defend and indemnify its employees and Board members to the extent authorized by law.

5.     The Board may receive, account for, invest, or expend public school money; borrow money and pledge public school funds for repayment; and qualify for state school aid and other public or private money from local, regional, state, or federal sources.

6.     The Board delegates to the Superintendent the authority to take action in circumstances not authorized by Board action or Policy when required to effectively maintain the District’s day-to-day operations. The Superintendent should (a) promptly inform the Board of the action taken and the need for taking expedited action; and (b) report the action to the Board at the Board’s first meeting after the Superintendent takes such action.

B.    Limitations on Powers

1.     The Board will not use money received from any source to unlawfully aid or maintain any private, denominational, or other nonpublic, pre-elementary, elementary, or secondary school. The Board may provide transportation, auxiliary services, and nonessential elective classes for students attending nonpublic schools to the extent permitted by law.

2.     The Board will use public funds, including state school aid allocations, tax revenue, and bond proceeds only for designated purposes.

3.     The Board will not permit a fraternity, sorority, or other secret society to operate in the District. See Policy 5511.

4.     The Board will not award a high school diploma to a student unless the student meets the requirements of Revised School Code Sections 1278a and 1278b.

C.    Authority

1.     Consistent with Policy 2101, the general powers reside within the Board as a whole, not individual Board members. The Board speaks only through its minutes and resolutions.

2.     Consistent with Policy 2503, Board action is not valid unless approved by a majority vote in a lawfully convened meeting.

Legal Authority:   Const 1963, art 8, §2; MCL 380.5(6), 380.11a, 380.1146, 380.1153, 380.1216, 380.1217, 380.1277, 380.1278a, 380.1278b, 380.1280, 380.1280a, 380.1282, 380.1284, 380.1294, 380.1321, 380.1322, 380.1421, 380.1422, 380.1472, 380.1804, 380.1807, 380.1816; MCL 388.1766b; MCL 691.1408; Mich Admin Code R 340.281, 340.282 (transportation services for nonpublic school children), 340.291-.295 (auxiliary services for nonpublic school children); Tavener v Elk Rapids Rural Agric Sch Dist, 341 Mich 244 (1954)

Date adopted: 10/28/24

Date revised:

Series 2000: Bylaws
2300 Board Member Conduct
2301 Conflict of Interest
 

Board members take an oath of public office requiring that they faithfully discharge their duties to the best of their abilities. Board members must act in the District’s best interests and avoid any actual or perceived conflict of interest in the performance of their public duties. Board members will not misuse their public office to solicit, accept, obtain, or produce a substantial direct or indirect benefit for themselves or a family member.

A.    “Family member” as used in this Policy means that term as defined in Revised School Code Section 1203.
B.    Statutory Conflict of Interest

1.    When a Board member believes or has reason to believe that the Board member has a conflict of interest, as described in Revised School Code Section 1203, as to a contract or other financial transaction that requires Board approval, the Board member will: (a) abstain from voting on the contract or other financial transaction, and (b) disclose the specific conflict of interest. If a majority of Board members are required to abstain from voting under this section, the special quorum and voting rules prescribed in Revised School Code Section 1203 will apply.
2.    A Board member is presumed to have a conflict of interest if the Board member or the Board member’s family member has a financial interest or a competing financial interest in the contract or other financial transaction or is a District employee.

C.    Contracts of Public Servants with Public Entities

1.    Affected Contracts Defined
For purposes of this Policy, an affected contract means a contract between the District and any of the following:

a.    a Board member;
b.    any firm, meaning a co-partnership or other unincorporated association, of which a Board member is a partner, member, or employee;
c.    any private corporation in which a Board member is a stockholder owning more than 1% of the total outstanding stock of any class if the stock is not listed on a stock exchange, or stock with a present total market value in excess of $25,000 if the stock is listed on a stock exchange, or of which a Board member is a director, officer, or employee; or
d.    any trust of which a Board member is a beneficiary or trustee.

2.    Board members will comply with the disclosure and voting requirements of the Contracts of Public Servants with Public Entities Act for affected contracts.

3.    A Board member will not do either of the following concerning an affected contract in which that Board member has a direct or indirect financial interest:

a.    take any part in the negotiation, renegotiation, amendment, or approval of the affected contract; or
b.    represent either party in the transaction.

4.    Disclosure Requirements
Board members will comply with the following disclosure requirements concerning an affected contract. Disclosures will be recorded in the Board’s minutes.

a.    Nominal Benefit or Emergency
If the Board member files a sworn affidavit with the Board attesting that the Board member will directly benefit from the affected contract in an amount less than $250 and less than 5% of the public cost of the affected contract, or if the affected contract is for emergency repairs or services, the disclosure will be made as follows:

i.    the disclosure may be made less than 7 calendar days before the meeting at which a vote will be taken on the affected contract; and
ii.    the sworn affidavit or grounds to determine the need for an emergency repair or service will be recorded in the Board minutes.

b.    Benefit Equals or Exceeds $250 But Does Not Exceed $5,000
If a Board member will directly benefit from the affected contract in an amount equal to or exceeding $250 (but not more than $5,000) or equal to or more than 5% of the public cost of the affected contract, and if the affected contract is not for emergency repairs or services, the disclosure will be made in either of the following ways:

i.    at least 7 calendar days before the meeting at which a vote will be taken on the affected contract, the Board member will promptly disclose in writing the financial interest in the affected contract to the President (or other presiding officer), or to the Secretary if the President is the Board member that will directly benefit from the affected contract. The disclosure will be made public in the same manner as a public meeting notice; or
ii.    the Board member will disclose the financial interest at a public meeting of the Board; provided that the vote on the affected contract will be taken at a subsequent Board meeting held at least 7 calendar days after the meeting at which the disclosure is made.

c.    Benefit Exceeds $5,000
If the amount of the direct benefit to the Board member is more than $5,000, disclosure must be made at a public meeting of the Board and the vote on the affected contract will be taken at a subsequent public Board meeting held at least 7 calendar days after the meeting at which the disclosure is first made.

5.    Abstention Requirements
A Board member must abstain from voting on an affected contract in which the Board member has a financial interest.

D.    Incompatible Public Office
A Board member will not hold 2 or more incompatible public offices, as defined by Michigan law.

Legal Authority:    Const 1963, art 4, §10; MCL 15.181 et seq., 15.321 et seq.; MCL 380.1203; MCL 388.1769b; OAG, No 4555 (April 12, 1967)
Date adopted: 10/23/23
Date revised:

Series 2000: Bylaws
2300 Board Member Conduct
2302 Board Code of Ethics
 

Each Board member has a fiduciary duty to act in the District’s best interests and to faithfully discharge the office of a Board member in compliance with applicable law and Policy to the best of that person’s ability.

A.    Each Board member will:

1.    remember that a Board member’s primary concern must be the educational welfare of students attending the District’s schools;
2.    regularly attend Board meetings and be informed about issues to be considered at those meetings;
3.    make decisions only after consideration at legally held Board meetings;
4.    focus on governance, not management, taking care to distinguish the Board’s responsibility to focus on the District’s mission, values, vision, policy development, strategic planning, and budgeting from the administration’s responsibility for implementation of Policies and goals, routine operational decisions, and administration of daily operations;
5.    employ or contract with and retain those persons best qualified to serve as District employees and insist on a regular and impartial evaluation of all employees in compliance with applicable law;
6.    render all decisions based on an objective evaluation of available information, exercising independent judgment;
7.    encourage constructive dialogue among Board members and among the Board and students, staff, parents/guardians, and the school community;
8.    learn about current educational issues by individual study and through participation in seminars and programs, such as those sponsored by the Michigan Association of School Boards and the National School Boards Association;
9.    work constructively and collaboratively with other Board members to establish effective Policies and procedures;
10.    work constructively and collaboratively with the Superintendent, staff members, students, parents, and community stakeholders;
11.    recognize the Superintendent as the District’s chief executive officer;
12.    refer complaints to the Superintendent (other than those involving the Superintendent), designee, or designated administrator(s), as appropriate (see Policies 4101, 4102, 4013, and 4104);
13.    safeguard confidential information, including social security numbers, criminal history record information, information pertaining to unprofessional conduct checks, and personally identifiable student information under the Family Educational Rights and Privacy Act (FERPA) and Revised School Code Section 1136;
14.    avoid an actual or perceived conflict of interest;
15.    comply with the Open Meetings Act;
16.    be mindful of a Board member’s fiduciary obligations to the District, including duties of loyalty and care, placing the District’s interests above a Board member’s personal interests; and
17.    use District employee resources, property, and funds judiciously and solely in accordance with prescribed constitutional, statutory, and regulatory procedures and not for personal gain or benefit.

B.    A Board member will not:

1.    represent the Board member’s personal opinions as those of the Board;
2.    act in isolation, operating as if a “Board-of-one”;
3.    disrupt or impede the established District administrative structure;
4.    use the Board position for actual or perceived personal or political gain;
5.    discuss confidential Board business except as authorized by law;
6.    disclose closed session deliberations or proceedings other than as permitted by law; or
7.    refer a student for an abortion or assist a student in obtaining an abortion. This prohibition does not apply to a Board member who is the parent or legal guardian of that student.

C.    Violations of the Board Code of Ethics will be handled in compliance with Policy 2303.

Legal Authority:    20 USC 1232g; 34 CFR Part 99; Const 1963, art 11, §1; MCL 15.261 et seq., 15.341 et seq.; MCL 168.310(1); MCL 380.11a, 380.601a, 380.1136; MCL 388.1766
Date adopted: 10/23/23
Date revised:

Series 2000: Bylaws
2300 Board Member Conduct
2303 Violation of Board Code of Ethics

The Board is responsible for enforcing the Code of Ethics (Policy 2302) for its members.

A.    If it is suspected or alleged that a Board member has violated the Code of Ethics, the following may occur:

1.    The President (or Vice President, if the President is the focus of the inquiry) may confer with that Board member to determine whether the suspected or alleged violation is disputed.

a.    If the suspected or alleged violation is not disputed, propose how the member may remedy the violation; or
b.    If the suspected or alleged violation is disputed, the Board may initiate an investigation by an affirmative vote of a majority of the members elected or appointed to and serving on the Board.

2.    The Board may discuss the alleged violation as an agenda item at a Board meeting. At the affected Board member’s request, the Board may convene in a closed session under the Open Meetings Act to consider complaint(s) or charge(s) brought against the Board member.

B.    If the violation is admitted or the Board determines that a disputed violation has been established by at least a preponderance of the evidence, the Board may consider:

1.    whether to publicly censure the Board member through a formal Board resolution reprimanding the Board member;
2.    whether to remove the Board member from committee assignments;
3.    whether to remove the Board member from any Board office or position (e.g., Vice President, Secretary);
4.    whether the violation rises to the level of gross neglect of duty or corrupt conduct in office, or other misfeasance or malfeasance, warranting referral to the Governor pursuant to Michigan Constitution, Article V, §10 for possible suspension or removal from public office;
5.    whether the violation may constitute a criminal violation of the Revised School Code or the Michigan Penal Code, warranting referral to local law enforcement; and
6.    any other act authorized by law.

 

Legal authority: Const 1963, art 5, §10, Const 1963, art 11, §1; MCL 380.619, 380.1107,
380.1804, 380.1815, 380.1816, 380.1230, 380.1230a, 380.1230b

Date adopted: 10/23/23
Date revised:  10/28/24

Series 2000: Bylaws
2300 Board Member Conduct
 2306-R Board Member Compensation (Effective 3/18/2024)
 

Board members will receive $300 compensation each month to attend Board meetings, committee/ subcommittee meetings, or for the performance of an authorized duty as a Board member.

The Board shall withhold payment equal to one month’s compensation for any member who receives three unexcused absences at regularly scheduled board meetings or standing committee meetings (or any committee meeting that has been scheduled no less than five (5) days prior) in a twelve-month period.  The Board shall withhold payment equal to one month’s compensation for any member that has four or more excused absences at regularly scheduled board meetings during a twelve-month period.  Withheld payments may be cumulative for additional occurrences beyond the initial absences.

Legal Authority:    MCL 380.11a
Date adopted: 10/23/23
Date revised: 3/18/24

 Series 2000: Bylaws
 2400    Board Membership and Duties
 2401    Board Member Elections
 

Board members are elected by the District’s electors at the District’s regular election, which is held on the first Tuesday after the first Monday in November of even-numbered years.

At least 1 Board office must be on the ballot for each regular election of the District.

The Michigan Election Law governs the District’s election procedures.

The District’s elections are conducted by the District’s election coordinator, as that term is defined by the Michigan Election Law.

Legal authority:    MCL 168.301, 168.302, 168.641, 168.642c; MCL 380.1206
Date adopted: 10/28/24
Date revised:

Series 2000: Bylaws
2400 Board Membership and Duties
2403 Board Member Terms of Office

The Board of Education consists of 7 elected or appointed offices.

Board members are elected for terms of 6 years.

A Board member elected to a full term office has a term of office that begins on January 1 immediately after the regular election.
A Board member elected to a partial term office resulting from a vacancy has a term of office that begins immediately after the election has been certified, and the Board member-elect has qualified for office by filing an acceptance of office with the Secretary and has taken the oath of office.

An appointed Board member’s term of office is addressed in Policy 2404.

Legal authority:    MCL 168.302, 168.311; MCL 380.11a
Date adopted: 10/23/23
Date revised:

Series 2000: Bylaws
2400 Board Membership and Duties
2404 Board Member Vacancies and Appointments
 

A.    A Board office becomes vacant immediately upon any of the following events:

1.    a Board member’s death;
2.    a Board member being adjudicated insane or being found to be a legally incapacitated individual by a court of competent jurisdiction;
3.    a Board member’s resignation;
4.    a Board member’s removal from office;
5.    a Board member’s conviction for a felony;
6.    a Board member’s election or appointment being declared void by a competent tribunal;
7.    a Board member’s neglect or failure to timely file the acceptance of office, to take the oath of office, or to give or renew an official bond as required by law;
8.    a Board member ceasing to possess the legal qualifications for holding office;
9.    a Board member moving residence from the District; or
10.    a Board member being recalled.

B.    Appointments

1.    In the event of a vacancy (except a vacancy resulting from a Board member recall), the remaining Board members must fill the vacant Board office by appointment within 30 calendar days after the vacancy occurs, unless a majority of the Board offices are then vacant. If a majority of the Board offices are vacant at the time of a vacancy, or if the remaining Board members fail to fill a vacant Board office by appointment within 30 calendar days after the vacancy occurs, then the ISD board will be authorized to fill the vacant Board office by appointment.

2.    The Board may, in its discretion, undertake 1 or more of the following procedures when seeking to fill a vacant Board office:

a.    publicize the vacancy, and the Board’s intention to appoint a person to fill the vacant Board office through word-of-mouth, news media, notices posted at school buildings and other locations, postings on the District’s website and social media, and other means of communicating with the public;
b.    accept résumés, applications, letters of interest, or other submissions from persons seeking to be appointed to fill the vacant Board office; and
c.    interview applicants for the vacant Board office.

i.    All interviews must be conducted during open session of a public Board meeting.
ii.    The Board may meet in closed session for the limited purpose of reviewing and considering an application for appointment, if any, if the applicant requests that the application remain confidential.

3.    Within 3 calendar days after the Board makes an appointment to fill a vacant Board office, the Secretary must provide written notice to the District’s election coordinator of the name, address, and Board office of both the Board member who vacated office and the person appointed to fill the vacant Board office.

4.    Appointed Board Member’s Term of Office

a.    An appointed Board member’s term of office begins immediately after appointment, once the appointee has filed an acceptance of office with the Secretary and taken the oath of office.
b.    An appointed Board member’s term of office expires:

i.    immediately after the District’s regular election at which a successor in office is elected and the successor has qualified for office, if the appointed Board member was appointed to a Board office that was vacated more than 7 calendar days before the nominating petition filing deadline for a District regular election that was not the District’s regular election at which a successor in office would have been elected had the Board office not been vacated; or
ii.    in all other cases, December 31 immediately after the District’s next regular election.
 

    
Legal authority:    MCL 15.268; MCL 168.310, 168.311
Date adopted: 10/23/23
Date revised:

Series 2000: Bylaws
2400 Board Membership and Duties
2405 Board Officers
 

Board officers will consist of a President, Vice President, Treasurer, and Secretary. Board officers must be Board members.

A.    Election of Board Officers

1.    The Board must elect a President and Vice President. The Board may also elect a Treasurer and Secretary.
2.    Board officer elections will take place at an organizational meeting of the Board.
3.    A candidate for a Board officer position must receive a majority vote of the Board members then serving on the Board.

a.    If no person receives a majority vote in an initial vote, the candidates for a second vote will consist of:

i.    the 2 persons who received the most votes; or
ii.    if more than 2 persons are tied for the most votes received, all persons tied for most votes received; or
iii.    if 1 person received the most votes and there is a tie for second place, the person who received the most votes and the persons tied for the second place.

b.    The process for narrowing candidates will be repeated in subsequent voting rounds.

4.    Elected Board officers will serve in that capacity until the following year’s organizational meeting at which board officers are elected, unless a Board member resigns from the officer position or a Board majority votes to remove that Board member from the officer position.

B.    If the Board does not elect a Secretary, the President must appoint a Board member to the vacant office. If the Board does not elect a Treasurer, the President must appoint a Board member to the vacant office.

C.    Removal of Board Officers
The Board, by a majority vote of the members then serving, may remove a Board officer from the officer position, with or without cause.

D.    Board Officer Vacancies

1.    If the office of President becomes vacant, the Vice President will succeed to the office of President for the balance of that office’s term.
2.    If the office of Vice President, Secretary, or Treasurer becomes vacant, the Board must promptly elect a Board member to fill that vacancy.
3.    If the office of Treasurer becomes vacant, the Board must promptly elect a Board member to fill that vacancy.

E.    Assistants to the Secretary and Treasurer

1.    The Board may appoint an assistant to the Secretary and an assistant to the Treasurer who are not required to be Board members.
2.    The Board may remove an assistant to the Secretary or an assistant to the Treasurer by majority vote. After a removal, the Board may appoint a person to fill the vacant position.
 

Legal authority:    MCL 380.11a
Date adopted:  10/23/23
Date revised: 10/28/24
 

Series 2000: Bylaws
2500 Board Meetings and Open Meetings Act Compliance
2501 Meetings
 

Board meetings must be conducted in accordance with the Open Meetings Act.

A.    Notice

1.    The Board must publicly post its regular meeting schedule within 10 calendar days after the Board’s first meeting in each calendar or fiscal year. The notice must include the dates, times, and places of the regular meetings. If the regular meeting schedule is changed, the Board must publicly post the revised regular meeting schedule within 3 calendar days after the Board meeting at which the change was made.
2.    Special meeting and rescheduled regular meeting notices must be posted at least 18 hours in advance of a special or rescheduled regular meeting.
3.    Regular, rescheduled regular, and special meeting notices must be posted at the Board’s principal offices. The notice, or a prominent and conspicuous link to the notice, also must be posted on the District website’s homepage as required by the Open Meetings Act, if the District’s website is updated at least monthly with meeting agendas or minutes.
4.    Meeting notices must contain:

a.    the name, address, and telephone number of the Board;
b.    the time, date, and place of the meeting; 
c.    a statement where official minutes are stored and available for inspection; and
d.    a disability accessibility notice.

5.    Emergency meetings may be held without complying with the above-described notice requirements in the event of a severe and imminent threat to the health, safety, or welfare of the public, and two-thirds of the Board members elected or appointed to and serving on the Board determine that delay would be detrimental to efforts to lessen or respond to the threat. The Board will provide notice of an emergency meeting in compliance with the Open Meetings Act.
6.    Public hearing notices must contain a description of the purpose(s) for which the public hearing will be conducted to the extent required by law.
7.    The notice for an electronic Board meeting must comply with Policy 2501A.

B.    Quorum

1.    A quorum of the Board means a majority of the Board members elected or appointed to and serving on the Board, unless different quorum and voting rules are otherwise provided by law.
2.    All deliberations of a quorum of the Board must take place at a meeting that is open to the public, unless closed session deliberations are permitted by law.
3.    All decisions made by the Board constituting a quorum of its members must take place at a meeting that is open to the public, except as otherwise provided by the Open Meetings Act.

C.    Meeting Types

1.    The Board will hold its regular meetings at the dates, times, and locations specified in the District’s annual notice published pursuant to the Open Meetings Act. If the notice is amended, then meetings will be held according to the amended notice.
2.    Special, rescheduled regular, or emergency meetings may be called by the President, the Superintendent, or two Board members. Notice of such meetings will be provided in accordance with the Open Meetings Act.
3.    The Board may, in compliance with the Open Meetings Act, hold work sessions and retreats to provide Board members and administrators with the opportunity to plan, research, and engage in discussion.
4.    The Board may meet as a committee of the whole. See Policy 2505(C).

D.    Closed Session

1.    The Board may meet and deliberate in closed session only for 1 or more purposes authorized by the Open Meetings Act.
2.    Depending on the closed session purpose(s), the Open Meetings Act may require a two-thirds roll call vote for the Board to meet in closed session. A vote to enter closed session must be made in open session.
3.    Closed session meeting minutes must be kept confidential. Board members must keep matters discussed and documents received confidential unless otherwise authorized by the Board or law. See Section G, below.
4.    All discussions in closed session are limited to the purpose(s) identified in the motion calling the closed session.
5.    The Board will determine the non-member attendees for a closed session unless attendance is required by Policy or law.
6.    No decisions will be made during a closed session.

E.    Meeting Cancellation
The Board is legally required to hold at least 1 public meeting each month. The President or designee may cancel a Board meeting if the President or designee determines that a quorum of the Board will not be present for the meeting, there is no business for the Board to conduct at the meeting, or it would be unreasonable or dangerous for Board members or the public to attend the meeting (e.g., inclement weather). The President or designee will ensure that a District staff member posts notice of the cancellation on the District’s website on the same day as the cancellation. If necessary, a cancelled meeting will be rescheduled.

F.    Electronic Board Meetings and Remote Participation
Electronic Board meetings may be held, and a Board member may participate in a Board meeting remotely, as authorized by Policy 2501A.

G.    Minutes
The Board will keep minutes of each Board meeting in accordance with the following:

1.    The Secretary will record and maintain meeting minutes.
2.    The Secretary, or an acting Secretary in the absence of the Secretary, will sign meeting minutes.
3.    Meeting minutes must comply with the Open Meetings Act.

a.    Open session meeting minutes.

i.    Minutes for a meeting open to the public will include at least the following information:

A)    the meeting date, time, and location;
B)    the Board members present for or otherwise participating in the meeting;
C)    the Board members absent from the meeting;
D)    Board decisions;
E)    the purpose(s) for which any closed session meeting was held and the specific provision(s) of the Open Meetings Act that permitted the closed session;
F)    any roll call votes conducted by the Board; and
G)    corrections, if any.
ii.    The Board must make proposed open session meeting minutes available for public inspection within 8 business days after the applicable Board meeting.
iii.    The Board must make approved open session meeting minutes available for public inspection within 5 business days after the meeting at which the Board approved the minutes.
b.    Closed session meeting minutes
i.    Closed session meeting minutes must be prepared and maintained separately from open session meeting minutes.
ii.    Closed session meeting minutes will not be made available to, or be disclosed to, the public, except as required by court order.
iii.    Closed session meeting minutes may be destroyed by the District 1 year and 1 calendar day after the approval of the minutes of the regular meeting at which the closed session minutes were approved, or any time thereafter.
iv.    Closed session meeting minutes must include at least the following information:
A)    the meeting date, time, and, location;
B)    the Board members present for or otherwise participating in the meeting;
C)    the Board members absent from the meeting; and
D)    the purpose(s) for which the closed session meeting was held and the specific Open Meetings Act provision(s) that permitted the closed session.

c.    Open session Board meeting minutes may be published on the District’s website.

H.    Accommodating Board Members and Other Individuals with Disabilities
Any Board member or other individual with a disability who requires reasonable accommodations to participate in, or attend, a Board meeting must contact the Superintendent’s office in advance of the meeting to request an accommodation.

I.    Recess
A Board meeting may be recessed. A Board meeting that is recessed for more than 36 hours may only be reconvened once the notice requirements for the meeting, as described in this Policy, have been satisfied, including special meeting or rescheduled regular meeting notice requirements, if applicable.

Legal authority:    MCL 15.263, 15.263a, 15.265, 15.267, 15.269; MCL 380.1201
Date adopted: 10/23/23
Date revised: 10/28/24

Series 2000: Bylaws
2500 Board Meetings and Open Meetings Act Compliance 
2501A Electronic Board of Education Meetings
 

The Board may hold electronic meetings, and Board members and the public may participate remotely, only as permitted by this Policy, the Open Meetings Act, and other applicable law.

A.    Definitions
The definitions in this section apply only to this Policy. All other words found in this Policy, unless specifically defined, are given their plain meaning.

 

1.    “Two-Way Communication” means telephone, video, or other means of conferencing that allows Board members to hear and be heard by both the public and other Board members, and allows the public to hear and be heard by other members of the public and the Board members during public comment. Real-time typed public comments that may be read to or shared with Board members and the public is a sufficient form of two-way communication for purposes of public participation during an electronic Board meeting.

B.    Permissible Reasons for Wholly Electronic Board Meetings

The Board may hold a meeting wholly electronically, with every Board member and the public participating remotely, if every Board member simultaneously satisfies one or more of the conditions identified in Section C of this Policy.

C.    Permissible Reasons for Individual Board Member Remote Participation

A Board member who is not physically present at an in-person Board meeting due to military duty, a “disability” within the meaning of the ADA, or other reason permitted by Michigan law may be counted toward a quorum, deliberate, and vote. To qualify, members absent due to military duty must follow the procedures listed in Section D, below. Unless otherwise provided, any Board member who is not absent due to a qualifying exception must be physically present at the meeting to participate.

D.    Procedures to Accommodate Board Member Remote Participation

The Board institutes the following procedures to ensure that a Board member who is not physically present at an in-person Board meeting may be counted toward a quorum, deliberate, and vote at a Board meeting.

1.    The Board and the remote Board member will ensure there is Two-Way Communication during the meeting; 

2.    The remote Board member must provide notice to the Board President or Superintendent at least 24 hours before the meeting; and [NOTE – DELETE AFTER ADOPTION: Notice of an electronic meeting must be posted at least 18 hours in advance. We recommend that the remote Board member give notice sufficiently in advance of that time so that the District can disclose that member’s absence into the posted notice.]

3.    The Superintendent or designee will ensure that public notice of the remote Board member’s physical absence and information on how to contact the remote Board member is provided sufficiently in advance of the Board meeting so that a member of the public may provide input on or ask questions about any business that will come before the Board at the meeting.

E.    Procedures to Ensure Public Participation at Electronic Meetings

If the Board convenes a wholly electronic meeting or any Board member participates remotely, the public will also be provided the opportunity to attend the public meeting remotely.
The Board will not require the public to register or otherwise provide their names or other information as a condition of attending a Board meeting, whether in-person or remotely. The Board may require the public to submit information, consistent with public participation rules, to participate in the public comment portion of a meeting.

F.    Electronic Board Meeting Notice Requirements

The Superintendent or designee will post notice of an electronic Board meeting at least 18 hours before the meeting. If the Board will be convening in a physical location with one or more Board members attending remotely pursuant to Section C, the notice must include both the physical and virtual locations of the meeting.

If the District has an internet presence that includes monthly or more frequent updates of public meeting agendas or minutes, the notice must be included on a portion of the District’s website that is fully accessible to the public, either on the District’s homepage or on a separate webpage dedicated to public notices for non-regularly scheduled or electronic meetings that is accessible through a prominent and conspicuous link on the District website’s homepage. The link must clearly describe its purpose for public notice of non-regularly scheduled or electronic meetings.

The notice must clearly explain:
1.    Why the Board is holding an electronic meeting;
2.    How the public may participate remotely. If a telephone number, internet address, virtual meeting address, or other information is needed to participate, that information must be specifically provided;
3.    How the public may contact Board members to provide input on or ask questions about business that will come before the Board at the meeting;
4.    Which Board members will be participating remotely and information about how the public may contact those Board members in advance of the meeting to provide input on or ask questions about any business that will come before the Board at the meeting; and
5.    How persons with disabilities may participate in the meeting.

G.    Electronic Board Meeting Agenda Requirements
The Superintendent or designee must post the electronic meeting’s agenda to the District’s website, if an agenda exists. The agenda must be posted at least two hours before the electronic meeting begins. The Board may amend the agenda at the meeting.

Legal authority:    MCL 15.263, 15.263a.
Date adopted:  10/23/23
Date revised:

Series 2000: Bylaws
2500 Board Meetings and Open Meetings Act Compliance
2502 Board Meeting Agenda
 

Meeting agendas will be prepared by the Superintendent or designee in coordination with the President or designee.

The agenda sets forth the proposed business to be addressed and the items to be discussed at the Board meeting.

The agenda must include at least 1 period during which members of the public will be permitted to address the Board.

The agenda and related materials will be distributed to Board members in advance of a Board meeting by U.S. Mail, personal delivery, email, or another delivery method selected by the Board or the District’s administration.

The agenda, if any, for an electronic Board meeting will be posted to the District’s website as required by Policy 2501A.

The agenda may be amended by the Board at a Board meeting by majority vote of the members serving on the Board.

The Board may use a consent agenda to address routine matters. Any Board member may request that a consent agenda item be removed from the consent agenda for separate consideration.

Legal authority: MCL 15.263, 15.263a; MCL 380.11a, 380.601a
Date adopted: 10/23/23
Date revised:
 

Series 2000: Bylaws
2500 Board Meetings and Open Meetings Act Compliance
2503 Voting Requirements
 

All Board decisions and actions must be made at a public meeting of the Board held in compliance with the Open Meetings Act.
The Board will make decisions and take action through motions and resolutions. A motion or resolution will be voted on by the Board once it has been made by a Board member and seconded/supported by another Board member.

Board members must vote on all motions and resolutions unless abstention is required due to a conflict of interest or otherwise required by law. A Board member’s abstention, unless required by law, constitutes a breach of the member’s duty as a public official.
Roll call votes will be conducted when required by law or when requested by the President or Secretary. The Board may adopt additional policies designating other matters requiring roll call vote approval.

A Board decision or action must be recorded in the minutes for the Board meeting at which the decision or action was taken.

Legal authority:    MCL 15.269; MCL 380.1201; Tavener v Elk Rapids Rural Agric Sch Dist, 341 Mich 244 (1954)
Date adopted: 10/23/23
Date revised:

Series 2000: Bylaws
2500 Board Meetings and Open Meetings Act Compliance
2504 Public Participation at Board Meetings
 

Any member of the public may address the Board at a Board meeting, subject to the following rules:

A.    Except during a public participation portion of a Board meeting, no member of the public or other person may address the Board during a public meeting without the express permission of the President or other presiding officer.

B.    The Board will follow public participation rules that balance the District’s interest in an orderly public meeting with the public’s First Amendment rights. A copy of these rules and any additional public participation rules adopted by the Board will be made available at Board meetings. The Board’s public participation rules include, but are not limited to, the following:

1.    before addressing the Board, a member of the public will state his or her name and address;
2.    each person’s public comments are limited to 3 minutes per public participation period. This time limit may be adjusted by the President or other presiding officer to facilitate public participation at Board meetings;
3.    persons who are part of a group or organization or who share similar viewpoints are encouraged to designate a spokesperson to address the Board;
4.    public comments of a personal nature are prohibited when: (a) the comments are unrelated to the manner in which a Board member or District employee performs that person’s duties, and (b) the comments cause a substantial disruption to the meeting;
5.    any public comment not protected by the First Amendment of the U.S. Constitution is prohibited;
6.    Board members may ask questions of the speakers but are not required to answer questions or make statements in response to a public comment;
7.    written statements and documents presented to the Board by a public participant or group are public records and must be given to the Secretary or designee; and
8.    any audio recording, video recording, broadcasting, or telecasting must be performed from the seating area designated for the public or in the area otherwise designated by the President, Superintendent, or designee, and must not disrupt the meeting.
9.    The Public Comment Regarding Business Before the Board/Public Comment Regarding Business Not Before the Board – The following will be read by the Board President before each Public Comment portion of each meeting: 
First Public Comment:  We encourage you to voice your opinion on topics on the agenda.  Please stand and be recognized by the Chairperson, and state your name and address before commenting.  To provide the opportunity for all to participate, board policy limits each individual to three minutes.  To ensure due process and respect of individual rights, the District maintains a formal process for handling complaints against individuals.  A problem involving an individual(s) or specific incident is best handled through administrative channels.  Speakers are asked to express themselves in a civil manner, with due respect for the dignity and privacy of others who may be affected by your comments.  Speakers should be aware that if your statements violate the rights of others under the law of defamation or invasion of privacy, you may be held legally responsible.
Second Public Comment:  We encourage you to voice your opinion on topics not on the agenda.  Please stand and be recognized by the Chairperson, and state your name and address before commenting.  To provide the opportunity for all to participate, board policy limits each individual to three minutes.  To ensure due process and respect of individual rights, the District maintains a formal process for handling complaints against individuals.  A problem involving an individual(s) or specific incident is best handled through administrative channels.  Speakers are asked to express themselves in a civil manner, with due respect for the dignity and privacy of others who may be affected by your comments.  Speakers should be aware that if your statements violate the rights of others under the law of defamation or invasion of privacy, you may be held legally responsible.

C.    Once the President or other presiding officer has determined that each member of the public requesting to do so has had a reasonable opportunity to address the Board during a public participation portion of a Board meeting, the President or other presiding officer will announce that the public participation portion of the meeting has ended.

D.    If the President or other presiding officer determines that a member of the public has violated 1 or more of the above rules and refuses to come into compliance with those rules, the member of the public will lose the right to speak during public comment at that meeting. A person who persistently engages in disorderly conduct or otherwise breaches the peace at a Board meeting, after notice from the President or other presiding officer, may be removed.

Legal authority:    U.S. Const, amend. I; MCL 15.263(1), 15.263(5); MCL 380.1808
Date adopted:  10/23/23
Date revised:

Series 2000: Bylaws
2500 Board Meetings and Open Meetings Act Compliance
2506 Organizational Meetings
 

The Board’s first regular meeting each calendar year will be an organizational meeting. During that meeting, the Board will:

A.    elect Board officers every 2 years on the odd year in compliance with Policy   
2405. The Superintendent or designee will preside over the organizational meeting until a President is elected;

B.    set the schedule for regular Board meeting dates; and

C.    designate the District employee(s) authorized to post Board meeting notices under the Open Meetings Act.

The Board may perform any other act and conduct any other business it deems appropriate during an organizational meeting, and it may conduct additional organizational meetings during the calendar year. 

Legal authority:    MCL 380.11(a)(3)
Date adopted:  10/23/23
Date revised:

Series 3000: Operations, Finance, and Property
3100 General Operations
3102 Smoking, Tobacco Products, Drugs, and Alcohol
 

A.    Definitions

1.    “Electronic nicotine delivery system” includes the components, parts, and accessories of an electronic nicotine delivery system, such as e-liquids, cartridges, atomizers, cartomizers (atomizer plus replaceable fluid-filled cartridge), clearomisers, tank systems, flavors, and vials that contain e-liquids.

2.    “Illegal drugs” means “controlled substances” under federal or Michigan law, anabolic steroids, human growth hormones or other performance-enhancing drugs, substances purported to be illegal, abusive, or performance-enhancing (i.e., synthetic “look-alike”) drugs, or other drugs prohibited by law.

3.    “Tobacco product” means any product made or derived from tobacco that is intended for human consumption, including any component, part, or accessory of a tobacco product (except for raw materials other than tobacco used in manufacturing a component, part, or accessory of a tobacco product).

4.     “Use of tobacco product” means any of the following:

a.    the carrying by a person of a lighted cigar, cigarette, pipe, other lighted smoking device, or electronic nicotine delivery system;
b.    the inhaling or chewing of a tobacco product;
c.    the placing of a tobacco product within a person’s mouth; or
d.    the smoking or use of electronic vapor or other substitute forms of cigarettes, clove cigarettes, other lighted smoking devices, or other electronic nicotine delivery systems for consuming or inhaling tobacco or any other substance

.
B.    Smoking and Tobacco Products

1.    The District prohibits the sale, possession, distribution, dispensation, or use of tobacco products, electronic cigarettes, vaporizers, and all electronic nicotine delivery systems on property owned or operated by the District and at any District-related event.

2.    Reserved

C.    Drugs

1.    The District prohibits the sale, possession, distribution, dispensation, or use of illegal drugs on property owned or operated by the District and at any District-related event.

2.    The District prohibits the sale, possession, distribution, dispensation, or use of any products containing cannabidiol (commonly referred to as CBD) on property owned or operated by the District and at any District-related event. The Superintendent or designee will consider exceptions to this prohibition.

3.    District personnel should review Policy 4210 for the District’s drug- and alcohol-free workplace policy. Students should review Policy 5206 for the student discipline policy.

D.    Alcohol

1.    The District generally prohibits the sale, possession, distribution, dispensation, and use of alcohol on property owned or operated by the District and at any District-sponsored event, except as otherwise provided in this Policy.

2.    With the written permission of the Board, the District may permit the lawful sale, possession, distribution, dispensation, and use of alcohol on school property if:

a.    Reserved
b.    Reserved
c.    the use or possession is part of a non-school function. The District will require the entity utilizing school property to furnish evidence of insurance, satisfactory to the District, with the District identified as an additional insured on the policy.

3.    Any person or entity with the Superintendent’s or designee’s permission in subsection D.2 must comply with and enforce all applicable laws and regulations and obtain any legally-required permits. See also Policy 3304.

4.    District personnel should review Policy 4210 for the District’s drug- and alcohol-free workplace policy.

Legal authority:     20 USC 6081 et seq.; 21 USC 812, 21 USC 860; 21 CFR 1100.3; MCL 333.7201 et seq., 333.7410, 333.12601 et seq.; MCL 436.1904; MCL 722.642; MCL 750.473; Mich Admin Code R 338.3101 et seq.

Date adopted: 10/23/23
Date revised: 11/25/24
 

Series 3000: Operations, Finance, and Property
3100 General Operations
3104 School Cameras and Monitoring
 

The District may monitor any building, facility, property, bus, or vehicle with video recording equipment other than areas where a person has a legally recognized and reasonable expectation of privacy (e.g., restrooms and locker rooms). Except in those areas, a person has no expectation of privacy.

A.    The District will not use video recording equipment that also records audio, except in the following situations:

• an open session Board meeting;
•  a District or District-sponsored athletic event or performance;
• a graduation ceremony;
• assigned coursework requiring audio recording capability;
• any other lawful circumstance, if approved by the Superintendent or designee.

B.    The District may use video recordings for any lawful purpose, including student or employee discipline, assisting law enforcement, or investigations.

C.    Audio and video recordings by students are addressed in Policy 5805, and audio or video recordings of Parent and student meetings are addressed in Policy 5806.

 
Legal authority:    18 USC 2510 et seq.; MCL 750.539a, 750.539c, 750.539d
Date adopted:  10/23/23
Date revised: 11/25/24
 

Series 3000: Operations, Finance, and Property
3100 General Operations
3105 Visitors and Volunteers

Visitors and volunteers, including parents/guardians, may access the District’s property subject to all applicable Policies. The District may deny such access for any lawful reason.

A.    Visitors

1.  A person may not enter or remain on the District’s property if prohibited by law.
2. A person visiting a school building during instructional hours must first report to the building’s main office. In the Superintendent’s or building principal’s discretion, a visitor may be required to sign in, present a form of identification, explain the visitor’s purpose, wear a visitor badge, and may be escorted while on District property. District personnel that discover a visitor who has not reported to the building’s main office will promptly direct the visitor to the building’s main office.
3. The District may require advance notice from a person who desires to observe classroom instruction. See also Policy 5401.
4. The building principal or designee may permit a parent/guardian who is a registered sex offender to visit District property to participate in or attend his or her child's school activities. The building principal or designee may require the parent/guardian to comply with other conditions upon visitation, including: a check-in/check-out system, an employee escort while on District property, and a requirement to leave District property immediately upon conclusion of the child’s activity.

B.    Volunteers

1.  person desiring to volunteer must provide information to the District, including that person’s name, address, telephone number, and a form of identification.
2. The District may lawfully require a volunteer to complete an application and consent to a background check as described in Policy 4205. 
3. Volunteering is a privilege, not a right. A person does not have any right to volunteer or to perform any particular volunteer assignment. The Superintendent or designee will assess a volunteer’s capabilities and determine the appropriate volunteer assignment. The Superintendent or designee may reject a volunteer’s request or deny or terminate a volunteer’s assignment at any time for any reason that is not unlawful.
4. Volunteer Drivers

a.    A volunteer may only drive a District vehicle with approval of the Superintendent or designee and in compliance with all applicable laws. For purposes of this subsection B.4, a “District vehicle” is a vehicle owned or leased by the District, including a school bus, and a “private vehicle” is any vehicle that is not a District vehicle. 
b.    With the Superintendent or designee’s approval, District personnel with a CDL or chauffer’s license may transport students to and from a school or school-sponsored event in a district van with written permission from the parent/guardian.
c.    Except in an emergency, before a student rides in a private vehicle, the driver must have permission from the student’s parent/guardian to transport the student to or from the school or applicable event. Permission must be in writing if the driver is using a vehicle with a manufacturer’s rated seating capacity of 11 or more passengers.
d.    A driver must:
•    hold a valid driver’s license appropriate for the vehicle;
•    if required by law, hold a valid chauffeur’s license; and 
•    for a private vehicle, provide to the Superintendent or designee’s satisfaction proof of insurance, and proof of the vehicle’s lawful registration. 
e.    A volunteer driver is responsible for any loss, damage, cost, and liability related to the driver’s operation of a District vehicle or private vehicle.

 
Legal authority:    MCL 28.721 et seq.; MCL 257.6, 257.1807; MCL 380.1137, 380.1230, 380.1230a-h
Date adopted: 10/23/23
Date revised: 11/25/24

Series 3000: Operations, Finance, and Property
3100 General Operations
3106 Booster Clubs, PTOs, and Other Support Groups

The Board recognizes the important role of parent/guardian groups, booster clubs, parent/guardian-teacher organizations (“PTOs”), and other organizations that support District programs and activities (“support groups”). This Policy clarifies the relationship between the District and support groups.

A.    General Rules

1.  A support group must comply with applicable laws, Policies, administrative guidelines, and internal procedures.
2.  A support group is required to submit to the District Form 3106-F annually, whether a new or existing support group.
3. A support group will indicate on Form 3106-F whether it has completed the criteria to be designated as an external support group, as defined below. The Superintendent or designee, in his or her sole discretion, may designate a support group as an internal or external support group based on information provided and as defined below.

B.    Internal Support Groups

1.  An internal support group is a group of individuals, including parents/guardians, community members, and advisors, which is approved to operate within the District (e.g., internally conducted class or club fundraisers). An internal support group’s activities require prior written approval of the Superintendent or designee.
2. Funds raised by an internal support group are public funds that must be deposited with the District, and any related expenditure must be approved by the Superintendent or designee.
3. The Board may revoke the approval of an internal support group at any time.

C.    External Support Groups

1. An external support group is a group, separate from the District, that supports the District’s programs and activities (e.g., booster clubs, both athletic and non-athletic, and PTOs). Unless the District agrees in writing, an external support group’s activities are not District sponsored. 
2. Funds raised by an external support group are not public funds and may not be held by, or deposited with, the District. An external support group must maintain a separate bank account and adopt written accounting procedures.
3. The District strongly encourages external support groups to seek the advice of legal counsel and form a separate legal entity.
4. The Superintendent or designee may request informational documents for verification purposes, including its accounting procedures, bylaws, insurance, and state or federal filings. The District’s request and review of documentation is not an endorsement of its accuracy or legal sufficiency.
5.  An external support group is prohibited from using the District’s tax identification or employer identification number.
6.  An external support group is not an agent of the District and may not represent that it is an agent of, or legally related to, the District.
7.  An external support group may not represent or suggest that the District sponsors, endorses, or approves a fundraiser, annual participation fee, or solicitation without the District’s written consent.

D.    Violations 
If a support group violates this Policy, the District may:

1.  prohibit the group from using District facilities, soliciting funds on District property and at District-sponsored events, or using the District’s name and logo; or
2.  take any other action deemed appropriate by the Board.

    
Legal authority:    MCL 380.11a, 380.601a; MCL 400.293
Date adopted: 10/23/23
Date revised: 11/25/24
 

3106-F Booster Clubs, PTOs, and Other Support Groups

Series 3000: Operations, Finance, and Property
3100 General Operations
3113 Social Security Numbers

The District’s use, storage, and transmission of social security numbers will comply with this Policy and applicable law. As used in this Policy, “social security number” means more than 4 sequential digits of a person’s social security number.

A.    Social Security Number Confidentiality

1. District personnel may access another person’s social security number only to the extent necessary to perform District job duties.
2. Any physical, non-digital document or physical copy of a digital document, containing a person’s social security number, if practical, should be stored in a secure area when not in use.
3. Any application, software program, electronic document, or other digital means through which a person has access to a social security number must be password protected.
4. District personnel and Board members will not intentionally disclose a social security number or a document containing a social security number to another person unless (a) that person is authorized to receive social security numbers under subsection B of this Policy, or (b) the disclosure is necessary to comply with applicable law, subpoena, or court order.
5. To share a document containing a social security number with a person not authorized to receive a social security number under subsection B, District personnel must make reasonable efforts to redact social security numbers from the document.
6. District personnel authorized to receive social security numbers will make reasonable efforts to destroy each document containing a social security number when it is no longer needed by shredding or incinerating it, subject to record retention requirements. See Policy 3502.
7. The District will not display a social security number on its checks.

B.    District Personnel Authorized to Receive Social Security Numbers

1. The following persons may receive a social security number in the course of performing their duties:

•    Superintendent;
•    Chief business official;
•    Chief human resources official.

2.    If District personnel or a Board member encounters a document in the District’s possession containing a social security number of another person in the course of performing District duties, that person should give the document to a person authorized to receive social security numbers.

C.    FOIA Requests
The District will make reasonable efforts to redact social security numbers from all documents produced in response to a FOIA request.

D.    Penalties

1. A Board member who knowingly violates this Policy may be censured by the Board.
2. An employee who knowingly or negligently violates this Policy may be subject to discipline. See Policies 4309, 4408, 4506, and 4607.

 
 
Legal authority:  5 USC 552a; 42 USC 405; MCL 445.81 et seq.
Date adopted:    10/23/23
Date revised:
 

Series 3000: Operations, Finance, and Property
3100 General Operations
3115  Nondiscrimination, Anti-Harassment, and Non-Retaliation (including Title IX and Elliott-Larsen Civil Rights Act) 

The District does not discriminate on the basis of race, color, national origin, ethnicity, religion, sex (including gender identity or expression, sexual orientation, pregnancy, childbirth, or a related condition), age, height, weight, familial status, marital status, military service, veteran status, genetic information, disability, or any other legally protected basis in admission, access to District programs and activities, or employment. Unlawful discrimination, including unlawful harassment and retaliation, in District programs, services, and activities is prohibited.

The Board directs the Superintendent or designee to designate one or more employees to serve as the District’s applicable Coordinator(s), as described in Policy 3115B. 

A.  Definitions: For definitions related to the District’s non-discrimination, anti-harassment, and non-retaliation policy, including examples of prohibited conduct, see Policy 3115A – Definitions.

B.  Designation of Coordinators: To find the appropriate coordinator/compliance officer, see Policy 3115B – Designation of Coordinators.

C.  Supportive Measures: For more information about supportive measures, see Policy 3115C – Supportive Measures.

D.  Informal Resolution: For more information about informal resolution, see Policy 3115D – Informal Resolution.

E.  Grievance Procedure and Remedies: For more information about the grievance procedure for investigating unlawful discrimination, harassment, and retaliation complaints, and for possible remedies, see Policy 3115E – Grievance Procedure and Remedies.

F.  Complaint Dismissal and Appeals: For more information about dismissing a complaint, appealing a complaint dismissal, or appealing a determination of responsibility, see Policy 3115F – Complaint Dismissal and Appeals. 

G.  Pregnancy Discrimination: For more information about preventing and responding to pregnancy discrimination, see Policy 3115G – Additional Requirements to Prevent and Address Pregnancy Discrimination. 

H.  Training, Recordkeeping, and Notice: For more information about training requirements, recordkeeping protocols, and notice of the District’s non-discrimination policy, see Policy 3115H – Training Requirements, Recordkeeping, and Policy Notice. 
 
Legal authority:  20 USC 1400 et seq., 1681 et seq.; 29 USC 206 et seq., 621 et seq., 701 et seq., 794, 2601 et seq., 6101 et seq.; 38 USC 4301 et seq.; 42 USC 1983, 2000d et seq., 2000e et seq., 2000ff et seq., 6101 et seq., 12101 et seq.; 29 CFR 1604.1 et seq., 1635; 34 CFR 106.1, et seq.; MCL 37.1101 et seq., 37.2101 et seq.
Date adopted: 10/23/23
Date revised: 12/16/24

Series 3000: Operations, Finance, and Property
3100 General Operations
3115A Definitions for 3115 Series

A.  The following definitions apply to policies 3115-3115H, 4101, 4102, and 5202, which address non-discrimination, anti-harassment, and non-retaliation: 

1.  “Appeals Officer” means a person who is designated to hear a determination appeal, a dismissal appeal, or a challenge to a Supportive Measures decision. The Appeals Officer must be a District employee and may not be the same person as the Coordinator, Decisionmaker, Investigator, or Informal Resolution Facilitator.
2.  “Complainant” means: (1) a student or employee who is alleged to have been subjected to conduct that could constitute Unlawful Discrimination; or (2) a person other than a student or employee who is alleged to have been subjected to conduct that could constitute Unlawful Discrimination and who was participating or attempting to participate in the District’s education program or activity at the time of the alleged Unlawful Discrimination. 
3.  “Complaint” means an oral or written request to the District that objectively can be understood as a request for the District to investigate and make a determination about alleged Unlawful Discrimination.
4.  “Consent” means a voluntary agreement to engage in sexual activity by a person legally capable of consenting. Someone who is incapacitated cannot consent. Past consent does not imply future consent. Silence or an absence of resistance does not imply consent. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another. Consent can be withdrawn at any time. Coercion, force, or threat of either invalidates consent. Sexual conduct or romantic relationships between students and District employees, volunteers, or contractors, regardless of age or consent, are prohibited. 
5.  “Coordinator” means the person(s) designated by the District to coordinate the District’s compliance with state and federal non-discrimination laws. The Coordinator may be the same person as the Investigator and Decisionmaker. 
6.  “Day” means a day that the District’s central office is open for business, unless otherwise indicated. 
7.  “Decisionmaker” means the person designated to issue a determination as to whether Unlawful Discrimination occurred. The Decisionmaker may be the same person as the Coordinator and Investigator.
8.  “Disciplinary Sanctions” means consequences imposed on a Respondent following a determination that the Respondent engaged in Unlawful Discrimination.
9.  “Grievance Procedure” means the process outlined in Policy 3115E.
10.  “Informal Resolution Facilitator” means the person designated to facilitate an informal resolution process. The Informal Resolution Facilitator may not be the same person as the Investigator or the Decisionmaker.  
11.  “Investigator” means the person designated to investigate a complaint of Unlawful Discrimination. The Investigator may be the same person as the Coordinator and Decisionmaker. 
12.  “Key Role” means Coordinator, Investigator, Decisionmaker, Informal Resolution Facilitator, or Appeals Officer. 
13.  “Party” means a Complainant or Respondent.
14.  “Relevant” means related to the allegations of Unlawful Discrimination under investigation as part of the Grievance Procedure. Questions are relevant when they seek evidence that may aid in showing whether the alleged Unlawful Discrimination occurred, and evidence is relevant when it may aid a Decisionmaker in determining whether the alleged Unlawful Discrimination occurred.
15.  “Remedies” means measures provided, as appropriate, to a Complainant or any other person the District identifies as having had their equal access to the District’s education program or activity limited or denied by Unlawful Discrimination. These measures are provided to restore or preserve that person’s access to the District’s education program or activity after the District determines that Unlawful Discrimination occurred.
16.  “Respondent” means a person who is alleged to have violated the District’s prohibition on Unlawful Discrimination.
17.  “Retaliation” means intimidation, threats, coercion, or discrimination against any person by the District, a student, or an employee or other person authorized by the District to provide aid, benefit, or service under the District’s education program or activity, for the purpose of interfering with any right or privilege secured by the 3115 Policy Series, or because the person has reported information, made a complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under the 3115 Policy Series. Retaliation does not include a requirement that a District employee participate in a Grievance Procedure.
18.  “Supportive Measures” means individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a Complainant or Respondent, not for punitive or disciplinary reasons, and without fee or charge to the Complainant or Respondent to:

a.  Restore or preserve that Party’s access to the District’s education program or activity, including measures that are designed to protect the safety of the Parties or the District’s educational environment; or
b.  Provide support during the District’s Grievance Procedure or during an informal resolution process.

19.  “Unlawful Discrimination” means to treat a person differently or less favorably due to the person’s race, color, national origin, ethnicity, religion, sex (including gender identity or expression, sexual orientation, pregnancy, childbirth, or a related condition), age, height, weight, familial status, marital status, military service, veteran status, genetic information, disability, or any other legally protected basis or any other legally protected class, and includes unlawful harassment and retaliation based on a person’s membership in a protected classification.

B.  Examples of Unlawful Harassment
Unlawful harassment may include, but is not limited to: 

1.  Race, Color, or National Origin Harassment, which is prohibited by Title VI and Title VII of the Civil Rights Act of 1964 and the Michigan Elliott-Larsen Civil Rights Act. Race, color, or national origin harassment is unwelcome conduct based on a person’s actual or perceived race, color, or national origin that creates a hostile environment or becomes a condition of continued employment. Race includes traits historically associated with race, including, but not limited to, hair texture and protective hairstyles. Race, color, or national origin harassment may take many forms, including slurs, taunts, stereotypes, or name-calling, as well as racially motivated physical threats, attacks, or other hateful conduct. 
Under this Policy, harassment based on ethnicity, ancestry, or perceived ancestral, ethnic, or religious characteristics, will be considered race, color, or national origin harassment.
2.  Disability Harassment, which is prohibited by the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and the Michigan Persons with Disabilities Civil Rights Act. Disability harassment is unwelcome conduct based on a person’s actual or perceived disability that creates a hostile environment or becomes a condition of continued employment. Disability harassment may take many forms, including slurs, taunts, stereotypes, or name-calling, as well as disability motivated physical threats, attacks, or other hateful conduct.
3.  Sex-Based Harassment, which is prohibited by Title IX of the Education Amendments of 1972, Title VII of the Civil Rights Act of 1964, and the Michigan Elliott-Larsen Civil Rights Act, and includes harassment based on sex, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity, that is: 

a.  Quid Pro Quo Harassment
An employee, agent, or other person authorized by the District to provide an aid, benefit, or service under the District’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct; 
b.  Hostile Environment Harassment
Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the District’s education program or activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:

i.  The degree to which the conduct affected the Complainant’s ability to access the District’s education program or activity; 
ii.  The type, frequency, and duration of the conduct; 
iii.  The Parties’ ages, roles within the District’s education program or activity, previous interactions, and other factors about each Party that may be relevant to evaluating the effects of the conduct; 
iv.  The location of the conduct and the context in which the conduct occurred; and 
v.  Other sex-based harassment in the District’s education program or activity; or 

c.  Specific Offenses

i.  “Sexual assault” means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation.
ii.  “Dating violence” means violence committed by a person: (i) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (ii) where the existence of such a relationship shall be determined based on a consideration of the following factors: (1) the length of the relationship; (2) the type of relationship; and (3) the frequency of interaction between the persons involved in the relationship.
iii.  “Domestic violence” means felony or misdemeanor crimes committed by a person who: (i) is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction of the District, or a person similarly situated to a spouse of the victim; (ii) is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner; (iii) shares a child in common with the victim; or (iv) commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction. 
iv.  “Stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (i) fear for the person’s safety or the safety of others; or (ii) suffer substantial emotional distress. 

Legal authority:  20 USC 1400 et seq., 1681 et seq.; 29 USC 206 et seq., 621 et seq., 701 et seq., 794, 2601 et seq., 6101 et seq.; 38 USC 4301 et seq.; 42 USC 1983, 2000d et seq., 2000e et seq., 2000ff et seq., 6101 et seq., 12101 et seq.; 29 CFR 1604.1 et seq., 1635; 34 CFR 106.1, et seq.; MCL 37.1101 et seq., 37.2101 et seq.
Date adopted: 12/16/24
Date revised:

Series 3000: Operations, Finance, and Property
3100 General Operations
3115B Designation of Coordinators

The District designates the following person(s) to serve as non-discrimination Coordinators:

Designated Title IX Coordinator
Heather Halpin
35100 Little Mack, Clinton Township, MI  48035
586-791-6300
halpinh@clintondaleschools.net

Maurice Woods
35100 Little Mack, Clinton Township, MI  48035
586-791-6300
woodsm@clintondaleschools.net

Designated Section 504 Coordinator
35100 Little Mack, Clinton Township, MI  48035
586-791-6300
specialedteam@clintondaleschools.net

Designated Civil Rights Coordinator/Employment Compliance Officer
35100 Little Mack, Clinton Township, MI  48035
586-791-6300
walmslel@clintondaleschools.net
lewisa@clintondaleschools.net

A Complaint against one of the Coordinators listed above may be made to the Superintendent or Board President. A Complaint against the Superintendent may be made to the Board President. A Complaint against the Board President may be made to the Board Vice President.

Legal authority:    20 USC 1400 et seq., 1681 et seq.; 29 USC 206 et seq., 621 et seq., 701 et seq., 794, 2601 et seq., 6101 et seq.; 38 USC 4301 et seq.; 42 USC 1983, 2000d et seq., 2000e et seq., 2000ff et seq., 6101 et seq., 12101 et seq.; 29 CFR 1604.1 et seq., 1635; 34 CFR 106.1, et seq.; MCL 37.1101 et seq., 37.2101 et seq.
Date adopted: 12/16/2024
Date revised:
    
 

Series 3000: Operations, Finance, and Property
3100 General Operations
3115C Supportive Measures

A.    Supportive Measures
The District will offer and coordinate Supportive Measures, as appropriate, for Complainants, Respondents, and others whose access to the District’s education program and activity was impacted by alleged Unlawful Discrimination. Supportive Measures are designed to restore or preserve a person’s access to the District’s education program or activity or provide support during the District’s Grievance Procedure and informal resolution process. Supportive Measures are available at any time, including before, during, and after the Grievance Procedure or Informal Resolution Process.

Supportive Measures must not unreasonably burden any Party.
1.    Examples of Supportive Measures
Supportive Measures may include, but are not limited to:

a.    District-provided counseling;
b.    Course-related adjustments, such as deadline extensions;
c.     Modifications to class, extracurricular, or work schedules;
d.    Provision of an escort to ensure that the Complainant and Respondent can safely attend classes and school activities;
e.    Training and education programs; and
f.    Mutual no-contact orders.

Any Party may seek modification or termination of a supportive measure applicable to them if circumstances materially change.
The District must not disclose information about any Supportive Measures to persons other than the person to whom they apply, unless necessary to provide the Supportive Measure or to restore or preserve a party’s access to the education program or activity, or as otherwise authorized by law.

B.    Challenging Supportive Measures
For allegations of Title IX Sex Discrimination, any Party may seek modification or reversal of a decision to provide, deny, modify, or terminate Supportive Measures applicable to them. To request a modification to Supportive Measures, the Party must submit a written request to the Title IX Coordinator. The Title IX Coordinator will designate an impartial employee as an Appeals Officer to review the challenge. The Appeals Officer must be an employee, must not be the person who made the challenged decision, and must have the authority to modify or reverse Supportive Measures. The Appeals Officer will only modify or reverse a decision about Supportive Measures if the Appeals Officer determines that the initial decision to provide, deny, modify, or terminate the supportive measure is inconsistent with the definition of Supportive Measures in this Policy.

C.    Students with Disabilities
If a Party is a student with a disability, the applicable Coordinator or designee must consult with one of more members, as appropriate, of the student’s Section 504 or Individualized Education Program Team (as applicable), to ensure compliance with Section 504 or the IDEA in the implementation of Supportive Measures.

Legal authority:    34 CFR 106.1 et seq.
Date adopted: 12/16/2024
Date revised
 

Series 3000: Operations, Finance, and Property
3100 General Operations
3115D Informal Resolution

In lieu of resolving a Complaint through the Grievance Procedure, and if offered by the District, the Parties may instead elect to participate in an informal resolution process. This process is not available to resolve a Complaint that includes allegations that an employee engaged in sex-based harassment of a student, or when such a process would conflict with Federal, State, or local law.
Informal resolution does not require a full investigation and may encompass a broad range of conflict resolution strategies, including, but not limited to, arbitration, mediation, or restorative justice.

Legal authority: 34 CFR 106.44
Date adopted: 12/16/24
Date revised:
 

Series 3000: Operations, Finance, and Property
3100 General Operations
3115E Grievance Procedure and Remedies

A.    Grievance Procedure

1.    Generally
The District has adopted the following Grievance Procedure that provides for the prompt and equitable resolution of Unlawful Discrimination, including harassment and retaliation, Complaints. This Grievance Procedure will be used to investigate and resolve Complaints of Unlawful Discrimination, including harassment and retaliation, between and among students, employees, volunteers, contractors, and Board members.

The District will treat Complainants and Respondents equitably.

The District requires that any individual serving in a Key Role not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent. Individuals serving in a Key Role for a Title IX Sex Discrimination Complaint must meet the additional training requirements in Policy 3115H.

The District presumes that the Respondent is not responsible for the alleged Unlawful Discrimination until a determination is made at the conclusion of the Grievance Procedure.

a.    Grievance Procedure Stages and Timeframes: The District has established the following stages and, where applicable, timeframes for the Grievance Procedure:

i.    Evaluation
Upon receipt of a Complaint, the Coordinator will determine whether to proceed with an investigation or dismiss the Complaint consistent with Policy 3115F. For Title IX Sex Discrimination Complaints, this determination will occur within 5 days.
ii.    Investigation
If the Complaint proceeds to the Investigation phase, the Coordinator will appoint an Investigator to conduct the investigation and provide notice of the allegations. The Coordinator may serve as the Investigator. For Title IX Sex Discrimination Complaints, the notice of allegations will be provided within 5 days. For Title IX Sex Discrimination Complaints, the Investigator will endeavor to complete the investigation within 60 days.
iii.    Evidence Access (Title IX Sex Discrimination Complaints Only)
For Title IX Sex Discrimination Complaints only, upon completion of the Investigation phase, the Parties will have 5 days to access and respond to the evidence as further explained below.
iv.    Decision
Upon completion of the Investigation, the Decisionmaker will endeavor to promptly issue a decision as to whether Unlawful Discrimination occurred. For Title IX Sex Discrimination Complaints, the decision will be issued within 10 days.
Unless otherwise determined by the applicable Coordinator based on unique circumstances, the Investigator will also serve as the Decisionmaker.
v.    Appeal Decision
If an appeal is permitted under Policy 3115F, that appeal must be submitted within 5 days from a Party’s receipt of the determination.
At any point, the Coordinator, Investigator, Decisionmaker, or Appeals Officer may reasonably extend timelines on a case-by-case basis for good cause. If good cause exists, the Coordinator, Investigator, Decisionmaker, or Appeals Officer will notify each Party in writing within 5 days of the decision to extend the timelines. Such notice will include the reason and length of the extension. Good cause may include absence of a Party or witness; concurrent law enforcement activity; complexity of the underlying allegations; or the need for accommodations (e.g., language assistance or accommodation of disabilities).

2.    Confidentiality
The District will take reasonable steps to protect the privacy of the Parties and witnesses during its Grievance Procedure. These steps will not restrict the ability of the Parties to obtain and present evidence, including consulting with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the Grievance Procedure. The Parties may not engage in retaliation, including against witnesses.

3.    Evidence Considerations 
The Decisionmaker will objectively evaluate all evidence that is Relevant and not otherwise impermissible, including both inculpatory and exculpatory evidence. Credibility determinations will not be based on a person’s status as a Complainant, Respondent, or witness. For Title IX Sex Discrimination Complaints, the Decisionmaker must attempt to independently question and evaluate the credibility of Parties and witnesses if credibility is in dispute and Relevant.
 
4.    Complaint Consolidation
The District may consolidate Complaints when the allegations arise out of the same facts or circumstances.

5.    Notice of Allegations
Upon receiving a Complaint, the applicable Coordinator will notify the Parties of the following: 

a.    The Grievance Procedure and any informal resolution process;
b.    Sufficient information available at the time to allow the Parties to respond to the allegations, including the identities of the Parties involved in the incident(s), the conduct alleged to constitute Unlawful Discrimination, and the date(s) and location(s) of the alleged incident(s);
c.    Retaliation is prohibited; and
d.    For Title IX Sex Discrimination Complaints, the Parties are entitled to an equal opportunity to access the Relevant and not otherwise impermissible evidence or an accurate description of the evidence. If the District provides a description of the evidence, the Parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence upon request.

If, during an investigation, the District decides to investigate additional allegations of Unlawful Discrimination by the Respondent toward the Complainant that are not included in the notice provided or that are included in a Complaint that is consolidated, the District will notify the Parties of the additional allegations.

6.    Investigation 
The District will provide for adequate, reliable, and impartial investigation of Complaints. The burden is on the District — not on the Parties — to conduct an investigation that gathers sufficient evidence to determine whether Unlawful Discrimination occurred. 
The Parties will be provided an equal opportunity to present fact witnesses and other inculpatory and exculpatory evidence that is relevant and not otherwise impermissible. The Investigator will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance. 
Throughout the investigation, the Investigator must determine, what, if any, facts remain in dispute. If dispositive facts are not reasonably in dispute (e.g., based on Party admissions, irrefutable evidence), further investigation is not required.

7.    Title IX Sex Discrimination Specific Evidence Rules

a.    Access to Evidence: For allegations of Title IX Sex Discrimination, the District will provide each party with an equal opportunity to access the evidence that is relevant to the allegations of Title IX Sex Discrimination and not otherwise impermissible, in the following manner:

i.    The Investigator will provide an equal opportunity to access either the relevant and not otherwise impermissible evidence, or an accurate description of this evidence. If the Investigator provides a description of the evidence, the Investigator will provide the parties with an equal opportunity to access the relevant and not otherwise impermissible evidence upon the request of any party;
ii.    The Investigator will provide a reasonable opportunity to respond to the evidence or the accurate description of the evidence; and
iii.    The District will take reasonable steps to prevent and address the parties’ unauthorized disclosure of information and evidence obtained solely through the Grievance Procedure. Disclosure of such information and evidence for purposes of administrative proceedings or litigation related to the Title IX Sex Discrimination Complaint is authorized.

b.    Impermissible Evidence: The following types of evidence, and questions seeking that evidence, are impermissible regardless of whether they are relevant:

i.    Evidence that is protected under a privilege recognized by Federal or State law, unless the person to whom the privilege is owed has voluntarily waived the privilege or confidentiality;
ii.    A Party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the Party or witness, unless the District obtains that Party’s or witness’s voluntary, written consent for use in the Grievance Procedure; and
iii.    Evidence that relates to the Complainant’s sexual interests or prior sexual conduct, unless evidence about the Complainant’s prior sexual conduct is offered to prove that someone other than the Respondent committed the alleged conduct or is evidence about specific incidents of the Complainant’s prior sexual conduct with the Respondent that is offered to prove consent to the alleged sex-based harassment. The fact of prior consensual sexual conduct between the Complainant and Respondent does not by itself demonstrate or imply the Complainant’s consent to the alleged sex-based harassment or preclude determination that sex-based harassment occurred.
Impermissible evidence will not be accessed or considered, except by the District to determine whether one of the above exceptions applies. Impermissible evidence will not be disclosed or otherwise used in the investigation.

8.    Determination
Following the investigation and evaluation of all relevant and not otherwise impermissible evidence, the Decisionmaker will:

a.    Use the preponderance of the evidence standard to determine whether Unlawful Discrimination occurred. The Decisionmaker must evaluate relevant and not otherwise impermissible evidence for its persuasiveness. If the Decisionmaker is not persuaded by a preponderance of the evidence that Unlawful Discrimination occurred, whatever the quantity of the evidence, the Decisionmaker will not determine that Unlawful Discrimination occurred.
b.    Notify the Parties in writing of the determination whether Unlawful Discrimination occurred, including the rationale for such determination and the procedures and permissible bases for the Complainant and Respondent to appeal, if applicable.
c.    Not discipline a Respondent for Unlawful Discrimination unless there is a determination at the conclusion of the Grievance Procedure that the Respondent engaged in unlawful discrimination.
d.    Comply with this Grievance Procedure before imposing any disciplinary sanctions against a Respondent.

9.    Remedies 
If there is a determination that Unlawful Discrimination occurred, the applicable Coordinator will, as appropriate:

a.    Coordinate the provision and implementation of remedies to a Complainant and other people the District identifies as having had equal access to the District’s education program or activity limited or denied by Unlawful Discrimination;
b.    Coordinate the imposition of any Disciplinary Sanctions against a Respondent. For a Title IX Sex Discrimination Complaint, notify the Complainant of any such Disciplinary Sanctions; and
c.    Take other appropriate prompt and effective steps to ensure that Unlawful Discrimination does not continue or recur within the District’s education program or activity.

10.    False Statements
A person who knowingly files a false Complaint or makes a materially false statement is subject to discipline, including discharge from employment or expulsion.
The District will not discipline a Party, witness, or others participating in a Title IX Sex Discrimination Complaint Grievance Procedure for making a false statement or for engaging in consensual sexual conduct based solely on the determination whether sex discrimination occurred.

Legal authority:    20 USC 1400 et seq., 1681 et seq.; 29 USC 206 et seq., 621 et seq., 701 et seq., 794, 2601 et seq., 6101 et seq.; 38 USC 4301 et seq.; 42 USC 1983, 2000d et seq., 2000e et seq., 2000ff et seq., 6101 et seq., 12101 et seq.; 29 CFR 1604.1 et seq., 1635; 34 CFR 106.1, et seq.; MCL 37.1101 et seq., 37.2101 et seq.
Date adopted: 12/16/2024
Date revised:

Series 3000: Operations, Finance, and Property
3100 General Operations
3115F Complaint Dismissal and Appeals

A.  Complaint Dismissal
The District may dismiss a Complaint if: 

1.  The District is unable to identify the Respondent after taking reasonable steps to do so;
2.  The Respondent is not participating in the District’s education program or activity and is not employed by the District; 
3.  The Complainant voluntarily withdraws any or all of the allegations in the Complaint, the applicable Coordinator declines to initiate a Complaint, and the District determines that, without the Complainant’s withdrawn allegations, the conduct that remains alleged in the Complaint, if any, would not constitute Unlawful Discrimination even if proven; or 
4.  The District determines the conduct alleged in the Complaint, even if proven, would not constitute Unlawful Discrimination. Before dismissing the Complaint and if necessary, the District will make reasonable efforts to clarify the allegations with the Complainant. 
Upon dismissal, the District will promptly notify the Complainant of the basis for the dismissal. If the dismissal occurs after the Respondent has been notified of the allegations, the District will also notify the Respondent of the dismissal and the basis for the dismissal promptly following notification to the Complainant, or simultaneously if notification is in writing. 
Upon dismissal, the District will take prompt and effective steps, as appropriate, through the applicable Coordinator, to ensure that Unlawful Discrimination does not continue or recur within the District’s education program or activity. The District will offer Supportive Measures to the Complainant as appropriate. The District will also offer Supportive Measures to the Respondent as appropriate if the Respondent has been notified of the Complaint allegations. 
The District will notify a Complainant alleging Title IX Sex Discrimination that a dismissal may be appealed and will provide the Complainant with an opportunity to appeal the dismissal of a Complaint. If the dismissal occurs after the Respondent has been notified of the allegations, then the District will also notify the Respondent that the dismissal may be appealed.

B.  Complaint Dismissal Appeal – Title IX Sex Discrimination Only

1.  Complaint dismissals may be appealed within 5 days of receipt on the following bases:

a.  Procedural irregularity that would change the outcome; 
b.  New evidence that would change the outcome and that was not reasonably available when the dismissal was made; and 
c.  The Title IX Coordinator, Investigator, or Decisionmaker had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that would change the outcome. 
2.  If the dismissal is appealed, the District will: 
a.  Notify the Parties of any appeal, including notice of the allegations, if notice was not previously provided to the Respondent; 
b.  Implement appeal procedures equally for the Parties; 
c.  Ensure that the Appeals Officer did not take part in an investigation of the allegations or dismissal of the Complaint; 
d.  Ensure that the Appeals Officer has been trained consistent with the applicable federal regulations;
e.  Provide the Parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome; and 
f.  Notify the Parties of the result of the appeal and the rationale for the result. 

The Appeals Officer will affirm the dismissal if it met any of the above-listed standards for dismissal, unless the Appeals Officer determines that dismissal will result in unremedied Unlawful Discrimination. 

C.  Determination Appeal Procedure – Title IX Sex Discrimination Complaints Only
Any party may appeal the determination to the Title IX Coordinator, who will appoint an Appeals Officer to hear the appeal. The appeal must be filed within 5 days of receipt of the determination. The Appeals Officer will offer each Party the opportunity to submit a statement in support of the appeal or in support of the original determination. The Appeals Officer will issue a written decision on the appeal within 5 days of the deadline for the Parties to submit statements. 

D.  Determination Appeal Procedures – Other Complaints
Unless expressly stated in writing by the Decisionmaker, other determinations are not subject to appeal.  

Legal authority:  34 CFR 106.1, et seq.
Date adopted: 12/16/24
Date revised:
 

3115F Complaint Dismissal and Appeals

Series 3000: Operations, Finance, and Property
3100 General Operations
3115-F-2 Sample Notice of Nondiscrimination

This notice must be included on the District’s website and in each handbook, catalog, announcement, bulletin, and application form that it makes available to students, parents/guardians, applicants for admission or employment, all unions and professional organizations holding collective bargaining or professional agreements with the recipient. If necessary for size restrictions, a District may instead include in those publications a statement that the District prohibits sex discrimination in its programs and activities and that individuals may report concerns or questions to the Title IX Coordinator, and provide a link where individuals can access the full notice on the District’s website.

The District does not discriminate on the basis of race, color, national origin, ethnicity, religion, sex (including gender identity or expression, sexual orientation, pregnancy, childbirth, or a related condition), age, height, weight, familial status, marital status, military service, veteran status, genetic information, disability, or any other legally protected basis, and prohibits unlawful discrimination, including harassment and retaliation, in any education program or activity that it operates, including in admission and employment.
Inquiries about unlawful discrimination, including unlawful harassment and retaliation, may be referred to the District’s applicable Coordinator and/or an agency with jurisdiction, such as the U.S. Department of Education’s Office for Civil Rights, the Michigan

Department of Civil Rights, the Equal Employment Opportunity Commission, or the Department of Justice.

Designated Title IX Coordinator
Heather Halpin
35100 Little Mack, Clinton Township, MI  48035
586-791-6300
halpinh@clintondaleschools.net

Maurice Woods
35100 Little Mack, Clinton Township, MI  48035
586-791-6300
woodsm@clintondaleschools.net

Designated Section 504 Coordinator
35100 Little Mack, Clinton Township, MI  48035
586-791-6300
specialedteam@clintondaleschools.net

Designated Civil Rights Coordinator/Employment Compliance Officer
35100 Little Mack, Clinton Township, MI  48035
586-791-6300
walmslel@clintondaleschools.net
lewisa@clintondaleschools.net

The District’s Non-discrimination, Anti-Harassment, and Non-Retaliation Policy and Grievance Procedures is available www.clintondaleschools.net.

To report information about conduct that may constitute unlawful discrimination, including unlawful harassment and retaliation, or make a complaint of such conduct, please contact the applicable Coordinator listed above.

3115-F-3 Documentation of Supportive Measures Form – Internal Form

3115-F-4    Complaint Notice Letter

3115-F-5 Notice of Additional Allegations Letter

3115-F-6 Complaint Dismissal Letter

3115-F-7 Determination Letter – Not Title IX

3115-F-8 Title IX Determination Letter

3115-F-9 Declining to File a Complaint

3115-F-10 Initial Procedures upon a Report of Title IX Sex Discrimination

3115-F-11 Notice of Availability of Informal Resolution

3115-F-12 Record Retention Requirements – Post in Title IX Coordinator’s Office

Series 3000: Operations, Finance, and Property
3100 General Operations
3115G Additional Requirements to Prevent and Address Pregnancy Discrimination

A.    Pregnancy or Related Conditions
The District will not adopt or implement any policy, practice, or procedure, or take any action, on the basis of sex: (1) concerning a student’s current, potential, or past parental, family, or marital status that treats students differently on the basis of sex; (2) concerning the current, potential, or past parental, family, or marital status of an employee or applicant for employment that treats persons differently or that is based upon whether an employee or applicant for employment is the head of household or principal wage earner; (3) concerning pre-admission inquiries as to the martial status of an applicant for admission.

1.    Comparable Treatment to Other Medical Conditions
The District treats pregnancy or related conditions as any other temporary medical condition for all job-related purposes and with respect to any medical or hospital benefit, service, plan, or policy the District administers, operates, offers, or participates in with respect to students.

2.    Lactation Time and Space
The District will ensure access to and provide reasonable break time for an employee or student to express breast milk or breastfeed as needed.

The lactation space will be a space other than a bathroom that is clean, shielded from view, free from intrusion from others, and which may be used by an employee or student for expressing breast milk or breastfeeding as needed.
3.    Student Pregnancy or Related Conditions Additional Requirements

a.    Employee Obligations
Unless the employee reasonably believes that the Title IX Coordinator has already been notified, when a student, or a person who has a legal right to act on behalf of the student, informs any employee of the student’s pregnancy or related condition, the employee will promptly provide that person with the Title IX Coordinator’s contact information and inform that person that the Title IX Coordinator can coordinate specific actions to prevent sex discrimination and ensure the student’s equal access to the District’s education program or activity.
b.    Title IX Coordinator Obligations
Upon receiving information that a student is pregnant or has a related condition, the Title IX Coordinator will take the steps below:

i.    Inform the student and the person who notified the District of the pregnancy or related condition (if that person has the legal right to act on behalf of that student) of the District’s obligations and the student’s rights;
ii.    Provide a copy of the District’s notice of non-discrimination to the student and the person who notified the District of the pregnancy or related condition (if that person has the legal right to act on behalf of that student);
iii.    Make reasonable modifications to the District’s policies, practices, or procedures as necessary to prevent sex discrimination and ensure equal access to the District’s programs and activities. Any reasonable modification must be based on the student’s individualized needs and made by consulting with the student. The student has the right to accept or reject any reasonable modifications. Any accepted reasonable modifications will be implemented;
iv.    Allow the student to voluntarily access any separate and comparable portion of the District’s education program or activity;
v.    Allow the student to voluntarily take a leave of absence from the District’s program or activity to cover (at a minimum) the period of time deemed medically necessary by the student’s licensed healthcare provider. Upon return, the student will be reinstated to the academic status and extracurricular status (as applicable) that the student held before leave began;
vi.    Provide access to a lactation space; and
vii.    Not require supporting documentation unless the documentation is necessary and reasonable for the District to determine the reasonable modifications to make or whether to take additional actions to support the student.

c.    Certificate to Participate
The District will not require a student who is pregnant or has a related condition to provide certification from a healthcare provider or any other person that the student is physically able to participate in the District’s class, program, or extracurricular activity unless:  (i) the certified level of physical ability or health is necessary for participation in the class, program, or extracurricular activity; (ii) the District requires such certification of all students participating in the class, program, or extracurricular activity; and (iii) the information obtained is not used as a basis for discrimination.

Legal authority:    34 CFR 106.40
Date adopted: 12/16/2024
Date revised:

Series 3000: Operations, Finance, and Property
3100 General Operations
3115H Training Requirements, Recordkeeping, and Policy Notice

A.    Title IX Training Requirements
The following individuals must receive training related to their duties under Title IX. Training may not rely on sex stereotypes.

1.    All Employees
All District employees must be trained upon hiring and annually on:

a.    The District’s obligation to address sex discrimination;
b.    The scope of conduct that constitutes sex discrimination under Title IX and its implementing regulations, including the definition of sex-based harassment;
c.    The obligation to notify the Title IX Coordinator when the employee has information about conduct that reasonably may constitute sex discrimination;
d.    The obligation to provide a possible Complainant with the Title IX Coordinator’s contact information and information about how to make a complaint of sex discrimination; and
e.    Notification requirements for pregnant students.

2.    Key Role Training

a.    All Key Roles: Any individual who serves in a Key Role under Title IX must be trained upon hire, when Key Role duties change, and annually thereafter on:

i.    All training requirements applicable to all employees;
ii.    The District’s obligations in responding to allegations of sex discrimination; 
iii.    The District’s Grievance Procedure;
iv.    How to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias; and
v.    The meaning and application of the term “relevant” in relation to questions and evidence, and the types of evidence that are impermissible regardless of relevance.

b.    Informal Resolution Facilitator
Individuals who serve as an Informal Resolution Facilitator must be trained upon hire, when Key Role duties change, and annually thereafter on:

i.    All training requirements applicable to all employees;
ii.    All training requirements applicable to Key Roles;
iii.    The rules and practices of the District’s informal resolution process; and
iv.    How to serve impartially, including by avoiding conflicts of interest and bias.

c.    Title IX Coordinator
Individuals who are designated as a Title IX Coordinator must be trained upon     hire, when Key Role duties change, and annually thereafter on:

i.    All training requirements applicable to all employees;
ii.    All training requirements applicable to Key Roles;
iii.    All training requirements applicable to the Informal Resolution Coordinator;
iv.    The Coordinator’s obligation to coordinate the District’s efforts to comply with its responsibilities under Title IX;
v.    Supportive Measures;
vi.    The District’s recordkeeping system;
vii.    Recordkeeping requirements; and
viii.    Any other training necessary to coordinate the District’s Title IX compliance.

B.    Other Coordinator Training Requirements
All other Coordinators and individuals assigned to serve in a Key Role outside of Title IX investigations must be adequately trained.

C.    Record Keeping
The District will maintain the following records for a minimum of seven years:

1.    For each Title IX Sex Discrimination Complaint, records documenting the informal resolution process or the Grievance Procedure, and the resulting outcome;
2.    For each notification to the Title IX Coordinator about conduct that reasonably may constitute sex discrimination, including notifications received from District employees, records documenting the actions the District took to meet its obligations in responding to sex discrimination; and
3.    All materials used to provide training under Title IX.

D.    Nondiscrimination Notice Requirement
The District will prominently post on its website and otherwise provide notice of nondiscrimination to students, parents, employees, applicants for admission and employment, and all unions and professional organizations with collective bargaining agreements with the District. The notice of nondiscrimination will comply with all applicable laws.

Legal authority:    20 USC 1400 et seq., 1681 et seq.; 29 USC 206 et seq., 621 et seq., 701 et seq., 794, 2601 et seq., 6101 et seq.; 38 USC 4301 et seq.; 42 USC 1983, 2000d et seq., 2000e et seq., 2000ff et seq., 6101 et seq., 12101 et seq.; 29 CFR 1604.1 et seq., 1635; 34 CFR 106.1, et seq.; MCL 37.1101 et seq., 37.2101 et seq.
Date adopted: 12/16/24
Date revised:

Series 3000: Operations, Finance, and Property
3100 General Operations
3116 District Technology and Acceptable Use

The Board will provide students, staff, volunteers, and other authorized users access to the District’s technology resources, including its computers and network resources, in a manner that encourages responsible use. Any use of District technology resources that violates federal or state law is expressly prohibited.

A.    Children’s Internet Protection Act
The Board complies with the Children’s Internet Protection Act (“CIPA”) and directs its administration to:

1.    Monitor minors’ online activities and use technology protection measures on the District’s computers with internet access to block minors’ access to visual depictions that are obscene, constitute child pornography, or are harmful to minors. The term “harmful to minors” means any picture, image, graphic image file, or other visual depiction that:

a.    taken as a whole and as to minors, appeals to a prurient interest in nudity, sex, or excretion;
b.    depicts, describes, or represents, in a patently offensive way as to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and
c.    taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.

2.    Use technology protection measures on the District’s computers with internet access to block all access to visual depictions that are obscene or that constitute child pornography. The technology protection measures may be disabled by authorized personnel during adult use to enable access to bona fide research or for other lawful purposes. The Superintendent or designee will determine which District personnel are authorized to disable the protection measures.
3.    Educate minors about appropriate online behavior, including interacting with other people on social networking websites and chat rooms, as well as cyberbullying awareness and response.
4.    Prohibit access by minors to inappropriate matter on the internet.
5.    Prohibit unauthorized access, including hacking and other unlawful online activity by minors.
6.    Prohibit the unauthorized disclosure, use, and dissemination of personal identification information about minors.
7.    Restrict minors’ access to materials that are inappropriate for minors. The Board defines materials that are “inappropriate for minors” to include the obscene depictions, child pornography, and any other material harmful to minors.
8.    ncourage the safety and security of minors when using electronic mail, chat rooms, and other forms of direct electronic communication.
The Superintendent or designee will take steps necessary to implement this Policy and to otherwise comply with CIPA.

B.    Acceptable Use Agreement
The Superintendent or designee will develop, review, and revise as necessary an acceptable use agreement that must be signed before a user is provided access to the District’s technology resources. Different acceptable use agreements may be developed based on the user’s status. At a minimum, the Superintendent or designee will develop an acceptable use agreement to be signed by each of the following groups:
•    adult users, including employees, volunteers, and Board members;
•    students in grades 7 and above and their Parent; and
•    students in grades 6 and below and their Parent.

The acceptable use agreement must be consistent with this Policy and must include, at a minimum, all of the following:
1.    A statement that:

a.    use of District technology resources is a privilege that may be revoked at any time;
b.    a user has no expectation of privacy when using District technology resources;
c.    District technology resources use may be monitored by the District and that the use may be subject to FOIA or disclosure in litigation;
d.    District technology resources may not be used to bully, harass, or intimidate others;
e.    misuse of District technology resources may result in loss of access to the resources and potential disciplinary action; and
f.    the District does not guarantee that the District’s technology resources will be error free or uninterrupted.

2.    Provisions to protect the integrity of District technology resources, including a requirement that each user only access the resources by using that user’s assigned user name and password.
3.    A list of what constitutes misuse of District technology resources.
4.    A prohibition against:
a.    accessing other user accounts or files without authorization;
b.    conducting personal business or activities;
c.    accessing pornography;
d.    communicating inappropriately with students;
e.    accessing or downloading confidential student information which the employee has no legitimate educational need to know; and
f.    accessing or downloading unauthorized software or programs.
5.    A requirement that users report any material that is threatening, harassing, or bullying.
6.    A release of all claims and liability against the District for use of District technology resources.

C.    District Personnel Use
District personnel must comply with Policies 4215 and 4216.

D.    State Assessments
During the administration of state assessments (e.g., WIDA, M-STEP, etc.), unless otherwise permitted by this subsection, students and District personnel, including those individuals acting as test administrators, are prohibited from possessing, using, wearing, or otherwise accessing any electronic devices not being actively used for testing purposes when in an active testing session or while on a break when in an active testing session. Pictures, videos, or other communications regarding test content are prohibited during all testing and breaks.

For the purposes of this subsection, an “electronic device” includes any electronic device that can be used to record, transmit, or receive information not used for testing, including but not limited to computers, tablets, iPads, e-readers, smart watches (including Fitbits), smartphones and cell phones, Bluetooth headphones or smart earbuds, or smart glasses.
The Superintendent and building principals are authorized to develop additional building-level rules related to state assessments so long as those rules are not in conflict with this subsection.

1.    Students

a.    Students shall leave all electronic devices outside of the testing room If an additional electronic device is medically necessary for a testing student, the device must be left with the test administrator, unless the student is required to possess the device, in which case the test must be administered to the student by a test administrator in a one-on-one setting and the student must be actively monitored at all times while testing.
b.    During the testing sessions or breaks, students may not access any additional websites or applications on a device used for testing.

2.    Test Administrators

a.    Test administrators or other District personnel monitoring or troubleshooting the administration of state assessments must:

i.    Ensure that all background applications and alternative websites are disabled on testing devices.
ii.    Actively monitor students in the testing room and verify that students do not have access to additional electronic devices before, during, and after testing, including breaks.
iii.    Refrain from disturbing the testing environment, including through texting, speaking, or using electronic devices for non-testing purposes (e.g., to complete other work). Test administrators must silence all electronic devices. 

b.    Test administrators may use electronic devices to alert other personnel of issues or emergencies requiring assistance. Such other personnel may use their electronic devices for troubleshooting purposes but should exit the testing room when engaging in those communications.

3.    Penalties
The failure to comply with this subsection may result, as applicable, in employee or student disciplinary action and such consequences as deemed necessary or appropriate by the Michigan Department of Education (e.g., invalidation of an individual student’s test, or misadministration of the entire testing session and invalidation of all the students’ tests).

E.    Public Access to Technology

1.    Pursuant to the Michigan Library Privacy Act, each school library offering public access to the internet or a computer, computer program, computer network, or computer system (a “Qualifying School Library”) will limit minors to only use or view those terminals that do not receive material that is obscene, sexually explicit, or harmful to minors. Persons age 18 or older, or a minor accompanied by the minor’s Parent, may access a school library terminal that is not restricted from receiving such material, if any.

2.    Only when a Qualifying School Library offers public access as described in subsection D.1., the District must designate at least 1 terminal that is not restricted from receiving such material and at least 1 terminal that is restricted from receiving such material. Library staff must take steps to ensure that minors not accompanied by a Parent do not access the unrestricted terminal. The Superintendent or designee will determine which employees will implement subsection D in each Qualifying School Library.

3.    As used in this Policy, “terminal” means a device used to access the internet or a computer, computer program, computer network, or computer system.
 
 
 
 
Legal authority:     47 USC 254; MCL 397.602, 397.606
Date adopted: 10/23/23
Date revised: 11/25/24
 

Series 3000: Operations, Finance, and Property
3100 General Operations
3119 Experimental or Pilot Programs

The Board encourages innovation and creativity in its educational programing and general operations through the use of experimental or pilot programs (“Programs”). An experimental or pilot program is a trial program conducted to evaluate feasibility that may be converted to a regular program at the conclusion of the trial period.
Employees may submit a proposal for a Program to the Superintendent or designee for consideration. The Superintendent may also prepare a Program proposal.

A Program proposal must include the Program name, duration, purpose, and goals. Proposals must also include:

A.  A list of proposed materials and equipment to be used in the Program;

B.  Anticipated Program costs, including staffing costs;

C.  A proposed framework for implementing the Program and evaluating the Program’s success, including evaluation intervals and criteria; and

D.  Other relevant information, if requested by the Superintendent or designee.

The Superintendent or designee will review the Program proposal and may seek clarification from the employee(s) that submitted the proposal, if prepared by employees other than the Superintendent. The Superintendent or designee may also amend the proposed Program in the Superintendent’s or designee’s sole discretion.

If the Superintendent or designee believes that the proposed Program (either as originally drafted or as amended) is in the best interests of the District, the Superintendent or designee will present the proposed Program to the Board for its consideration. The Program may be approved by the Board in its sole discretion.

The Board recognizes that experimental and pilot programs are a prohibited subject of bargaining under the Michigan Public Employment Relations Act. The Superintendent is encouraged to consult with legal counsel about legal implications of a Program before submitting it for Board approval.

At the conclusion of the Program, the Board may consider conversion of the Program to a regular program.

Legal Authority:  MCL 380.11a; MCL 423.215(3)(g)
Date adopted: 10/23/23
Date revised: 11/25/24

Series 3000: Operations, Finance, and Property
3100 General Operations
3120 Temporary Head Start Vaccination and Mask Requirements

3120  Head Start COVID-19 Mitigation On January 6, 2023, the U.S. Department of Health and Human Services (“DHHS”) issued a final rule imposing a COVID-19 mitigation policy requirement for Head Start Programs (“Final Rule”). 

A.  Policy Duration
This Policy is effective immediately and will remain in effect for the duration of the Final Rule. Notwithstanding anything to the contrary in this Policy, the Superintendent may suspend or revise this Policy (in whole or in part) if, following consultation with the District’s legal counsel, the Superintendent determines that legal authority requires or permits the suspension or revision. The Superintendent must report such suspension or revision to the Board at the next scheduled Board meeting for ratification.

B.  Definitions
The definitions in this Section apply to this Policy.
District Is not a Head Start Grantee, but a Head Start Grantee Delegated Head Start Program Responsibilities to the District) [means the Superintendent or designee.

1.  “Head Start Program” means a program funded under the Head Start Act, 42 USC 9831, et seq., including a Head Start, Early Head Start, migrant, seasonal, and tribal program.
2.  “Mask” means a face covering that (i) covers one’s mouth, nose, and chin, (ii) stays in place when a person talks and moves, (iii) does not contain vents or exhalation valves, and (iv) is consistent with the CDC’s “Your Guide to Masks” (https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/about-face-coverings.html).
3.  “Staff” means paid adults who have responsibilities related to children and their families who are enrolled in Head Start Programs.

C.  COVID-19 Mitigation
The Final Rule imposes a COVID-19 mitigation policy requirement on Head Start Programs. The mitigation provisions in this Section were developed in consultation with the applicable Health Start Program Health Services Advisory Committee to reduce COVID-19 transmission, infection, and severity. The provisions were also developed using DHHS guidance issued on January 6, 2023 (Supplementary Information on Establishing an Evidence-based COVID-19 Mitigation Policy) and objective evidence and findings from public health authorities such as the CDC, the Michigan Department of Health and Human Services (“MDHHS”), and the local health department.

1.  COVID-19 Levels
The Administrator or designee will monitor COVID-19 levels in the local community using data from sources such as the CDC, MDHHS, and the local health department. Mitigation procedures identified below will apply to the District’s Head Start Programs depending on whether COVID-19 levels are low, medium, or high, as determined by the Administrator or designee. 
At the time of this Policy’s revision date (identified below), the Administrator or designee has determined that COVID-19 levels in the local community are low.]. The mitigation procedures for that category will continue to apply until the Administrator or designee announces a category change. 

a.  Low: staff, contractors, volunteers, and children may choose to wear masks. 
b.  Medium:

i.  Masks are recommended for staff, contractors, volunteers, and children who are at high risk for contracting COVID-19.
ii.  Staff, contractors, volunteers, and children are encouraged to stay at home when sick.
iii.  The Administrator or designee will research potential ventilation improvements and report any improvement recommendations to the Board. 

c.  High:

i.  Masks are required for staff, contractors, volunteers, and children two years of age and older when there are two or more people: 

A)  On a vehicle owned, leased, or arranged by the Head Start Program, and
B)  Indoors in a setting when Head Start services are provided.

ii.  Staff, contractors, volunteers, and children are encouraged to stay at home when sick. 

iii.  If COVID-19 ventilation improvements have not already been made, the Administrator or designee will implement ventilation improvements within Board-approved parameters.

iv.  This Section’s mask requirement does not apply to the following:

A)  When a person is eating or drinking, and
B)  Children when they are napping.

The Administrator or designee will consider, in consultation with the District’s legal counsel, an accommodation request under applicable federal or state law based on a person’s disability; known limitations related to pregnancy, childbirth, or related medical conditions; or sincerely held religious belief, practice, or observance that conflicts with this Policy’s mask requirement.

2.  Communication
The Administrator or designee will notify applicable Head Start staff, contractors, volunteers, and children of changes in COVID-19 level categories as soon as possible. The communication will identify the rationale for the category change and will refer back to this Policy for applicable mitigation procedures. The communication will be made through email, using emails on file with the District, to staff, contractors, volunteers. Children will be notified through an appropriate medium, as determined by the Administrator or designee, such as through a PA system announcement or classroom postings. 

D.  Retention of Exemption Requests and Outcomes
The Administrator will retain copies of exemption requests, outcomes, and supporting documentation completed or obtained pursuant to this Policy.

E.  Document Confidentiality
The District will maintain as confidential all medical information in accordance with applicable laws and policies.

F.  Discipline
An employee or child who fails to comply with this Policy may be subject to discipline. A contractor or volunteer who fails to comply with this Policy may be removed from the facility.

Legal authority:  45 CFR Part 1302; MCL 380.11a
Date adopted: 10/23/23
Date revised: 11/25/24

Series 3000: Operations, Finance, and Property
3200 Finance and Borrowing
3201A Financial Management for Federal Awards

This Policy applies to the District’s use of federal awards, subject to the Uniform Grant Guidance, 2 CFR Part 200. Policy 3301A governs procurement with federal funds.

A. The District shall implement and maintain a system of internal cash management controls that comply with the requirements of 2 CFR 200.302(b) (“Financial Management System”) and provide for the following:

1.  Identification in its accounts of all federal awards received and expended and the programs under which they were received;

2.  Accurate, current, and complete disclosure of the financial results of each federal award or program in accordance with applicable reporting requirements;

3.  Records that adequately identify the source and application of awards for federally-funded activities;

4.  Effective control over, and accountability for, all funds, property, and other assets that must be safeguarded and only used for authorized purposes;

5.  A comparison of expenditures with budget amounts for each federal award;

6.   Written procedures governing federal payments, in accordance with subsection B below; and 

7.   Written procedures for determining the allowability of costs, in accordance with subsection C below.

B.    Cash Management and Federal Payments

In addition to any other written procedures the District may implement, the District shall comply with the requirements of 2 CFR 200.305 for federal payments, including:

1.  The District’s payment methods shall minimize the time elapsing between the receipt and disbursement of funds. The District shall request payment using forms and procedures designated by the awarding agency.

2.  The Superintendent or designee may submit requests for advance payments and reimbursement (i) at least monthly when electronic fund transfers are not used, and (ii) as often as deemed appropriate when electronic fund transfers are used in accordance with applicable laws. 

3.  Advance payments shall be limited to the minimum amounts needed and timed with the District’s actual, immediate cash requirements in carrying out the program or project. The amount and timing of advance payments must be as close as is administratively feasible to the District’s actual disbursements.

4.  The District must make timely payment to contractors in accordance with applicable contract provisions.

5.  To the extent possible, the District must disburse funds available from program income (including repayments to a revolving fund), rebates, refunds, contract settlements, audit recoveries, and interest earned on such funds before requesting additional cash payments.

6.  Advance payments of federal awards must be deposited and maintained in insured accounts whenever possible. 

7.  The District must maintain advance payments of federal awards in interest-bearing accounts, unless:

a.    The District receives less than $250,000 in federal awards per year;

b.    The best reasonably available interest-bearing account would not be expected to earn interest in excess of $500 per year on federal cash balances; 

c.    The depository would require an average or minimum balance so high that it would not be feasible; or

d.    A foreign government or banking system prohibits or precludes interest-bearing accounts.

8.    The District may retain interest earned up to $500 per year for administrative expenses. Additional interest earned on federal advance payments deposited in interest-bearing accounts must be remitted to the Department of Health and Human Services Payment Management System through an electronic medium, either the Automated Clearing House network or a Fedwire Funds Service payment.

C.    Allowability of Costs

The District shall comply with the cost principles of 2 CFR Part 200, Subpart E, as applicable, including the following general criteria for allowable costs under 2 CFR 200.403:

1.   Be necessary and reasonable for the performance of the award and be allocable under the cost principles; 

2.  Conform to any limitations or exclusions set forth in the cost principles or in the federal award as to types or amount of cost items;

3.   Be consistent with policies and procedures that apply uniformly to both federally-financed and other activities of the District; 

4.   Be accorded consistent treatment. For example, a cost may not be assigned to a federal award as a direct cost if any other cost incurred for the same purpose in like circumstances has been allocated to the federal award as an indirect cost;

5.   Be determined in accordance with generally accepted accounting principles;

6.   Not be included as a cost or used to meet cost sharing or matching requirements of any other federally-financed program in either the current or a prior period;

7.   Be adequately documented; and 

8.   Be incurred during the approved budget period unless the awarding agency waives such requirement. 

 
 
Legal authority:  15 USC 1693, et seq.; 2 CFR Part 200, et seq.
Date adopted: 11/25/24
Date revised:
 

Series 3000: Operations, Finance, and Property
3200 Finance and Borrowing
3202 Budgets and Truth in Budget/Taxation Hearings

The Board must annually adopt a budget for each fund of the District to support District programs and services for the ensuing fiscal year. The Superintendent will be responsible for developing the budgets subject to the Board’s direction and decisions. The budget documents will be updated based upon the requirements of the adopted educational programs.

A.    Budget

1. The Superintendent will prepare each proposed budget in accordance with Board policies and goals and state law. Each budget will be based on up-to-date revenue estimates and will reflect the assessed needs and programs approved by the Board.
2. The Board must adopt each budget by June 30 of each year.
3.  As circumstances change through the course of the fiscal year, the Superintendent will bring recommended budget amendments to the Board for review and adoption.
4.  Within 15 days after the Board adopts a budget or any amendment to a budget, the Superintendent or designee will make the budget or amended budget available through a link on the District’s website homepage.
5.  The Board’s goal is to maintain an annual unassigned general fund balance of at least 10% of estimated expenditures.

B.    Truth In Budgeting Hearing

1.  The Board must hold a public hearing on the proposed budgets before adopting the budgets. The Superintendent or designee must give notice of the public hearing by publication in a newspaper of general circulation and the district’s website within the District at least 6 days before the hearing. The notice must:
•    include the time and place of the hearing;
•    state that the proposed budget(s) is available for public inspection at the District’s administrative offices; and 
•    include the following statement printed in 11-point boldfaced type:
The property tax millage rate proposed to be levied to support the proposed budgets will be a subject of this hearing.
2.  The Board must consider and adopt the budgets within 10 days after the public hearing in accordance with state law.

C.    Truth in Taxation Hearing
If additional District operating millage, including special education and vocational education millage, is approved by the electorate after the District holds the public hearing on the proposed budgets and the District intends to levy such additional millage for the first time before the next fiscal year’s public hearing on the proposed budgets, the Board must hold a separate public hearing on the proposed levy of such additional millage. The Superintendent or designee must give notice of the public hearing by publication in a newspaper of general circulation within the District at least 6 days before the hearing, which notice must state the time and place of the hearing and the proposed additional millage. The Board must approve the levy of the additional millage within 10 days after the public hearing in accordance with state law.

Legal authority:    MCL 141.411 et seq., 141.421 et seq.; MCL 211.24e
Date adopted: 10/23/23
Date revised:

Series 3000: Operations, Finance, and Property
3200 Finance and Borrowing
3204 Investment of Funds

The Chief Financial Officer with approval from the Board of Education will invest District funds, including the District’s debt retirement funds, building and site funds, building and site sinking funds, and general funds. Such investments must be made only in investments itemized and described in Revised School Code Section 1223.

A.  Authority of Investment Officer
The Investment Officer may take security in the form of collateral, surety bond, or another form for District deposits or investments in a financial institution; however, a U.S. government or federal agency obligation repurchase agreement must be secured by transfer of title and custody of the obligations to which the repurchase agreement relates and an undivided interest in those obligations must be pledged to the District for that agreement.

B.    Combining Funds for Investment

1.  The Investment Officer may combine the District’s debt retirement funds for investment purposes into a single common fund to the extent the bonds associated with such debt retirement funds are of a similar character (e.g., voted bond debt retirement funds may be aggregated for investment but voted and non-voted bond debt retirement funds may not).
2.  For all other funds, the Investment Officer is authorized to combine money from more than 1 fund for investment purposes.
3.  Investment earnings shall accrue to the fund for which the investment was made. In the event of combined funds for investment purposes, the earnings shall be accounted for separately and the investment earnings shall be separately and individually computed, recorded, and credited to the fund for which the investment was made.
The Investment Officer is authorized to manage and invest deferred compensation program funds as provided in Revised School Code Section 1223.

Legal authority:  MCL 21.146; MCL 141.2705; MCL 380.1223
Date adopted: 10/23/23
Date revised:

Series 3000: Operations, Finance, and Property
3200 Finance and Borrowing
3205 Disbursements

A.  A person authorized by the Board to draw upon District depository funds may sign and validate a warrant, check, and other instruments to draw upon such funds.

B.  Petty Cash

1.  The Board may authorize a separate petty cash fund for any District building for the purchase of materials, supplies, services, or other school related goods and services in circumstances requiring immediate payment. The amount of each petty cash fund will not exceed $300.
2.  Petty Cash Fund Custodians: The following persons will be the custodians of each petty cash fund and will administer and be responsible for the funds:

a.  Elementary School: Principal
b.  Middle School: Principal
c.  High School: Principal
d.  District Office: Director of Athletics, Director of Child Care, Accounts Payable

3.  Petty cash fund disbursements may only be made if authorized by the Superintendent or appropriate petty cash fund custodian.
4.  Documentation: All petty cash fund disbursements will be supported by an itemized receipt or other sufficient evidence that documents the expenditure. The itemized receipt or supporting documentation will include the name and contact information of the business receiving the payment, the date, a description reasonably sufficient to identify each item purchased, the purpose of the purchase, and the price. Petty cash fund custodians will maintain the documentation as required by law. Expenses must be assigned to the proper budget account.
5.  Purchase Review Procedures: The Superintendent or designee will review petty cash fund expenditures with the Treasurer at least monthly. Any unlawful or unauthorized expenditure or other significant discrepancy will be brought to the attention of the Board and the offending person.
6.  Reconciliation and Closeout: Each petty cash fund will be reconciled by the Treasurer, or another District official designated by the Board, and closed out at the end of the fiscal year.

C.  District funds or other “public funds” (as defined in Revised School Code Section 1814) under the control of the District may not be used to purchase the following:
•    alcoholic beverages;
•    jewelry;
•    gifts;
•    fees for golf; or
•    any item the purchase or possession of which is illegal.

D.  Public funds may be used to purchase the following to recognize an employee, volunteer, or student, if the value of the purchase does not exceed the annually adjusted amount established for that purpose by MDE:
•    plaque;
•    medal;
•    trophy; and
•    other awards.

E.  The Superintendent or Board designee will keep records of receipts and disbursements and identify the sources from which they have been paid as required by law.

F.  A person who misuses District funds or violates this Policy may be subject to discipline, including reimbursing the District for any unauthorized purchase.
 
Legal Authority:    MCL 380.1814
Date adopted: 10/23/23
Date revised:

Series 3000: Operations, Finance, and Property
3300 Finance and Borrowing
3207 School Activities Fund

A. Fiduciary Funds
A fiduciary fund is a fund held by the District, in its discretion, in a trustee or agency capacity, for a purpose within the scope of the District’s legal authority.  A fiduciary fund cannot be used by the District to support its operations. All District fiduciary funds must comply with generally accepted accounting principles and be held in accordance with the standards adopted by MDE in the Michigan Public School Accounting Manual (Bulletin 1022). A fiduciary fund may be a Custodial Fund or a Private-Purpose Trust Fund. For purposes of this Policy, capitalized terms not defined in this Policy are defined in Bulletin 1022.

1. Activity Funds
The District may not use an activity fund as defined by GASB Statement No. 84 and adopted by Bulletin 1022.
2. Custodial Funds
A Custodial Fund may be used only to hold assets and issue payments for a non-District Custodial Fund beneficiary. A Custodial Fund may be maintained if the account:

a. does not contain the District’s sole source revenue, such as state and federal aid, tax collections, and non-exchange transactions;
b. does not designate the District as a beneficiary; and
c. is not subject to District control, including administrative or financial control.

3. Private-Purpose Trust Funds
A Private-Purpose Trust Fund (Private Trust) may be maintained as a fiduciary fund if:

a. a written, lawful trust agreement exists and is submitted to the District;
b. the trust assets are for a private purpose;
c. the District is not a beneficiary, directly or indirectly; and
d. the District does not have control, including administrative or financial control, or the ability to make decisions about trust assets.
Trust funds failing to meet the above requirements must be treated as a public purpose trust fund, subject to Policy 3201.

B. Scholarship Funds

1. Private Trust Scholarships
An individual, estate, support group, club, company, or other donor that desires to establish a trust fund to benefit persons through scholarships must meet the criteria for a Private Trust described above.
2. Compact Scholarships
Public funds may not be used to administer scholarships, except that the District may establish and administer a scholarship fund for its students or graduates to attend a postsecondary educational institution if the fund arises from a compact between the State of Michigan and a federally-recognized Indian tribe under the Indian Gaming Regulatory Act.

Legal authority: MCL 380.11a(3), 380.11a(14); MDE Michigan Public School Accounting Manual (Bulletin 1022); GASB Statement No. 84, Fiduciary Activities 
Date adopted: 10/23/23
Date revised: 11/25/24

Series 3000: Operations, Finance, and Property
3200 Finance and Borrowing
3209 Debit/Credit Cards

The Board approves the use of a debit/credit card (credit card) program for the purchase of goods and services on behalf of the District. The Board will determine the type of credit card(s) used in the program and will contract with a third-party provider as provided by law. The Superintendent or designee is responsible for issuing credit cards to authorized users, accounting for and monitoring credit card usage, retrieving credit cards when appropriate, and generally overseeing compliance with this Policy. The total combined authorized credit limit of all credit cards may not exceed 5% of the District’s budgeted expenditures for the applicable fiscal year.

A. Authorized Users
The Board may assign a credit card to the Superintendent, Chief Financial Officer, Chief Academic Officer and Director of Operations. An authorized credit card user is responsible for the protection and custody of the credit card and must immediately notify the Superintendent or designee if the credit card is lost or stolen. A person issued a credit card must return the credit card upon placement on administrative leave, disciplinary suspension, or termination of employment or service with the District.

B. Authorized Purchases
An authorized user may use a credit card to charge expenses in connection with official District business.

C. Documentation
An authorized user must submit to the Superintendent or designee an itemized receipt. The itemized receipt must include the name of the business, the date of purchase, a description of each item and its purpose, and the price. A non-itemized receipt alone is not sufficient.

D. Suspension or Termination of Privileges
The Superintendent or designee may suspend or terminate the credit card privileges of any person who violates this Policy or for any other lawful reason. The person must promptly return the credit card to the Superintendent or designee. A person who misuses a credit card or violates this Policy may be subject to discipline, including discharge and reimbursing the District for any unauthorized purchase.

E. Reward Points or Rebates
Any reward points, rebates, or other benefits received from a third-party credit card company are the District’s property.

F. Purchase Review Procedures
The Superintendent or designee will conduct an independent review of credit card expenses, or a sample of these expenses, on a monthly basis. Any unlawful or unauthorized expenditure or other discrepancy will be brought to the credit card user’s attention. Upon request, the Superintendent or designee must provide the Board with the documentation submitted pursuant to this Policy or a summary of that documentation with a description sufficient to give the Board reasonable notice of the items purchased. The outstanding balance, including interest, will be paid by the District within 60 days after the initial statement date. 

Legal authority: MCL 129.241 et seq.; MCL 380.1254; MCL 750.491
Date adopted: 10/23/23
Date revised:

Series 3000: Operations, Finance, and Property
3200 Finance and Borrowing
3212 Post-Issuance Disclosure Compliance

In connection with the District’s issuance of securities that are subject to the requirements of Securities and Exchange Commission Rule 15c2-12 (“Bonds”), the District may be subject to a continuing disclosure undertaking or agreement (“CDA”) to disclose certain information after issuance of Bonds. A CDA may be found in the Bond issue’s transcript of proceedings.
The chief business official (“Compliance Officer”) will be responsible for establishing and coordinating compliance with this Policy.
If the Board determines that compliance with this Policy in a particular situation would impose an unreasonable burden on the District, it may forego compliance with the advice of bond counsel.

A. The Compliance Officer

1. The Compliance Officer will:

a. monitor and verify compliance with the CDAs; and
b. create and maintain an inventory of the District’s outstanding financial obligations.

i. A financial obligation means:
• a debt obligation or a guarantee of a debt obligation; or
• a derivative instrument entered into in connection with, or pledged as security or a source of payment for, existing or future debt obligations or a guarantee of such derivative instrument.
ii. Financial obligation does not include any municipal security for which a final official statement has been provided to the Municipal Securities Rulemaking Board pursuant to Rule 15c2-12.

2. The District, at its cost, will provide the Compliance Officer with training and educational resources necessary to ensure compliance with the CDAs.

3. The Compliance Officer has authority to seek guidance from the District’s bond counsel and financial advisors to comply with the CDAs.

B. Review of Offering Materials
When the District issues Bonds, the Compliance Officer will review the preliminary official statement, final official statement, and other applicable offering materials to ensure they do not:

1. contain any untrue statement of a material fact; or
2. omit any material fact that would need to be included to make the statements not misleading.

C. Post-Issuance Obligations

1. The Compliance Officer will review continuing disclosure requirements before each annual disclosure deadline.
2. The Compliance Officer’s annual review will include ensuring the following information, where applicable, is reported to the proper repository (as of the date of adoption of this Policy, the repository is the Electronic Municipal Market Access website of the Municipal Securities Rulemaking Board at http://www.emma.msrb.org):

a. by December 27 of each year (unless the deadline differs in an applicable CDA): 

i. audited financial statements for the most recently ended fiscal year in compliance with state laws, administrative rules, and generally accepted accounting principles applicable to the District as such principles are prescribed, in part, by the Financial Accounting Standards Board and modified by the Government Accounting Standards Board; and
ii. additional annual financial information and operating data set forth in the respective CDA or in the respective official statement for a particular Bond issue under the heading “CONTINUING DISCLOSURE” or similar heading.

b. notice of certain reportable events, subject in some cases to a determination of materiality by the District, within 10 business days after the occurrence. See each CDA for the respective list of events, which typically includes the following:
• non-payment related defaults, if material;
• modifications to rights of bondholders, if material;
• bond calls, if material;
• release, substitution, or sale of property securing repayment of the Bonds, if material;
• the consummation of a merger, consolidation, or acquisition, or certain asset sales involving the District, or entry into or termination of a definitive agreement relating to the foregoing, if material;
• appointment of a successor or additional trustee or the change of name of a trustee, if material;
• incurrence of a financial obligation by the District, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the District, any of which affect security holders, if material;
• principal and interest payment delinquencies;
• unscheduled draws on debt service reserves reflecting financial difficulties;
• unscheduled draws on credit enhancements reflecting financial difficulties;
• substitution of credit or liquidity providers, or their failure to perform;
• defeasances;
• credit rating changes, including the District’s underlying rating or an enhanced rating on the Bonds due to credit enhancement;
• adverse tax opinions or events affecting the status of the Bonds, the issuance by the IRS of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material events, notices, or determinations as to the tax status of the Bonds;
• tender offers;
• bankruptcy, insolvency, receivership, or similar event of the District; and
• default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a financial obligation of the District, any of which reflect financial difficulties.

c. If the District retains a third party to assist the District with fulfilling its continuing disclosure responsibilities under any CDA, the Compliance Officer will annually review the contract and verify that the third party has fulfilled all of the District’s continuing  

Legal authority:  17 CFR 240.15c2-12; MCL 380.1351a
Date adopted:  10/23/23
Date revised:

Series 3000: Operations, Finance, and Property
3200 Finance and Borrowing
3213 Electronic Transactions of Funds and Automated Clearing House Arrangements

The District may engage in electronic transactions of funds and automated clearing house arrangements in accordance with this Policy.

A. Definitions

1. “Automated clearing house” or “ACH” means a national and governmental organization with authority to process electronic payments, including the National Automated Clearing House Association and the Federal Reserve System.
2. “ACH arrangement” means an agreement between the originator and the receiver of an ACH transaction.
3. “ACH transaction” means an electronic payment, debit, or credit transfer processed through an ACH pursuant to an authorized ACH arrangement.
4. “Electronic transactions officer” or “ETO” means the Chief Financial Officer or another person designated by the Board to have the rights and responsibilities of the ETO set forth in this Policy.

B. ACH Arrangements and Transactions
Only the ETO may enter into an ACH arrangement. The Director of Business or another employee designated by the ETO (ACH Supervisor) will be responsible for the District’s ACH transactions, including payment approval, accounting, reporting, and overseeing compliance with this Policy.

C. Internal Auditing Controls 

1. The ACH Supervisor and ETO will each separately review and approve in writing all incoming and outgoing payments. Written approvals will be retained in accordance with usual District procedures.

2. For outgoing payments, the ACH Supervisor will document:

a. the goods or services purchased;
b. the cost of the goods or services purchased;
c. the date of the payment; and
d. the department serviced by the payment. 
This documentation can be contained in the District’s electronic general ledger software system or in a separate report to the Board.

Legal authority: MCL 124.301 et seq.
Date adopted:  10/23/23
Date revised:

Series 3000: Operations, Finance, and Property
3300 Facilities, Real, and Personal Property
3301 Purchasing and Procurement

This Policy applies to all purchases of materials, supplies, and equipment. Purchases acquired through lease financing are governed by this Policy, but true leases (i.e., rental agreements) are not.

A. Responsibility for Purchasing
The District’s administration, under the Superintendent’s supervision, may purchase items for the District, subject to Policy 2202 subsection C and any other parameters established by the Board.

B. When Competitive Bidding is Required

1. The District must competitively bid the purchase of an item or group of items costing an amount equal to or greater than the then-current state bid threshold published annually by MDE. 
2. The District does not need to competitively bid a purchase in an emergency or if competitive bidding is not required by law.
3. The District will not artificially segregate purchases into smaller orders to avoid the bid threshold.

C. Bidding Procedure

1. The District may competitively bid a purchase using 1 or more of the following methods:

a. Requesting written price quotations from at least 3 known and practical vendors of an item;
b. Distributing a request for proposals to at least 3 known and practical vendors of an item;
c. Posting a request for proposals on the District’s website or any other website that regularly informs vendors of bid opportunities;
d. Selecting a contract awarded to a winning bidder under a bid process operated by a reputable bid cooperative if the District determines, after reasonable due diligence, that the bid procedure used by the bid cooperative was fair and open, resulted in a bid award to the lowest responsible bidder, and the contract price is comparable to current market rates for the purchased item; or
e. Any other process, in the Superintendent’s or designee’s discretion, that is likely to result in at least 3 known vendors providing bids for the item sought, regardless of whether at least 3 bids are actually received.

2. Each bidder responding to a request for proposals must certify that it is not an Iran-linked business as defined by MCL 129.312.

3. Awarding Bids

a. If competitive bidding is required by law, any contract must be awarded by the Board to the lowest responsible bidder.
b. In determining bidder responsibility, the District may take 1 or more of the following into account:
• The District’s experience with the bidder;
• Others’ experience with the bidder;
• The bidder’s history of satisfactory performance or questionable litigation, protests, or disputes;
• The bidder’s capitalization and solvency;
• The length of time the bidder has been engaged in its business;
• The recommendation of the District’s professional consultants; and
• Any other factor consistently and lawfully applied.
c. In any bid procedure, the District reserves the right to reject any or all bids or waive any informalities or irregularities in the bid process.

4. Michigan-Based Business Preference

a. The District may give up to a 10% preference to a bidder that is a Michigan-based business as defined by MCL 18.1268.
b. The Michigan-based business preference will not apply if federal funds are used for the purchase.

D. Purchases Using State Aid Act Funds

1. The District will not use state aid to purchase foreign goods or services if American goods or services are available, competitively priced, and of comparable quality. 
2. The District will give a preference to goods or services manufactured or provided by Michigan businesses if competitively priced and of comparable quality. 
3. The District will give a preference to goods or services manufactured or provided by Michigan businesses owned and operated by veterans if competitively priced and of comparable quality. 

E. Purchases Using Federal Funds
Purchases made with federal funds and subject to the federal Uniform Grant Guidance are also governed by Policy 3301A.

Legal authority: 2 CFR 200.1 et seq.; MCL 129.311 et seq.; MCL 380.1274; MCL 388.1764c
Date adopted:
Date revised:

1. The District will not use state aid to purchase foreign goods or services if American goods or services are available, competitively priced, and of comparable quality. 
2. The District will give a preference to goods or services manufactured or provided by Michigan businesses if competitively priced and of comparable quality. 
3. The District will give a preference to goods or services manufactured or provided by Michigan businesses owned and operated by veterans if competitively priced and of comparable quality. 

F. Purchases Using Federal Funds
Purchases made with federal funds and subject to the federal Uniform Grant Guidance are also governed by Policy 3301A.

 

Legal authority: 2 CFR 200.1 et seq.; MCL 129.311 et seq.; MCL 380.1274; MCL 388.1764c
Date adopted: 10/23/23
Date revised: 11/25/24

Series 3000: Operations, Finance, and Property
3300 Facilities, Real, and Personal Property
3302 Acquisition of Real Property

The Board may acquire real property for any purpose and through any means permitted by law.

A.    Acquisition costs must be reasonable, as determined by the Board. Reasonable cost may not be the same as fair market value.
B.    Subject to Board parameters and legal review, the Superintendent may obtain, negotiate, modify, and execute transaction documents for any Board-authorized acquisition of real property.
C.    The Board may meet in closed session to discuss the purchase or lease of real property as permitted by law.
D.    When title to real property is acquired, the District should provide written notice via registered mail to the local tax assessor by December 31 of the year of acquisition that the property will be tax-exempt.
 
 
Legal authority:    MCL 15.268; MCL 207.501 et seq., 207.521 et seq.; MCL 380.553, 380.1225, 380.1351 et seq.; MCL 565.351 et seq.
Date adopted: 10/23/23
Date revised:

Series 3000: Operations, Finance, and Property
3300 Facilities, Real, and Personal Property
3303 Gifts and Donations

The Board recognizes and appreciates the generosity and support it receives in the form of gifts, donations, and voluntary contributions (“Donations”) from individuals, companies, parent/guardian support groups, the community, and other donors.
The District requests that substantial Donations be accompanied by Form 3303-F Gifts and Donations. All Donations made for a particular purpose must be accompanied by Form 3303-F.

A. Accepting Donations

1. Donations must be lawful and support an educational purpose.
2. Donations accepted by the District will become public funds or public property unless an exception is provided under applicable law.
3. The Board authorizes the Superintendent or designee to accept Donations of personal property with an estimated fair market value of $100 or less. The Board retains authority, in its discretion, to accept Donations of personal property exceeding $100.  All Donations are to be reported to the Board.
4. The Board must approve all Donations of real property, regardless of value.
5. Donations accepted by the District will be used for any specific purpose identified by the donor provided the purpose is lawful and consistent with the District’s interests and objectives. A donor may identify the specific purpose of the Donation and any other lawful conditions using the District 3303-F.
6. Except as required by law, the District does not have an obligation to replace a Donation that is lost, destroyed, or becomes obsolete.

B. Soliciting Donations 

1. The District may solicit donations in accordance with law, which may include pursuing an exemption from registration under the Charitable Organizations and Solicitations Act.
2. Any individual wishing to solicit donations on behalf of the District must obtain prior written approval from the Superintendent or designee before representing any affiliation with the District. Unless otherwise agreed by the Superintendent or designee, the individual will be responsible for all costs and liability related to the solicitation and all received donations will become the District’s property.

C. Scholarships are governed by Policy 3207.

D. A donor is solely responsible for any tax consequences related to a Donation.
 
Legal authority: MCL 123.905; MCL 400.271, et seq.
Date adopted: 10/23/23
Date revised: 11/25/24

3303-F Gifts and Donations Form

Series 3000: Operations, Finance, and Property
3300 Facilities, Real, and Personal Property
3304 Use of District Property

A. Definitions

1. “Non-curricular education group” means a non-student group comprised of a substantial number of District students organized for the general benefit of students, such as Boy Scouts, Girl Scouts, 4-H, and other similar groups.
2. “Non-student group” means any group or persons, other than a student group, who requests to use District facilities and are supervised by at least 1 adult responsible for the group.
3. “Student group” means 1 or more students participating in District-sponsored curricular or extracurricular activities supervised by District personnel, such as an athletic team, student council, academic team, or student club.

B. General Facilities Use Guidelines

1. Rental fees for District facilities and equipment will be set by the Board.
2. Any person or group using District facilities must maintain order and safety, protect property, and restore the facilities to their condition before use.
3. The District may seek reimbursement from a user of its facilities for any costs the District incurs in opening, restoring, or cleaning such facilities.
4. The Superintendent or designee may deny a request to use the District’s facilities or equipment if the Superintendent or designee believes that the person or group does not have sufficient financial resources to cover costs required by this Policy or is unwilling to pay them.
5. No person or group using District facilities under this Policy may charge a fee for admission or parking unless approved in writing in advance by the Superintendent or designee.
6. Any person or group using the District’s facilities for any purpose must comply with all applicable laws, Board Policies, rules, and regulations.
7. For a non-student group that wishes to use a facility, a supervising adult must submit a written facility use request to the Superintendent or designee. The request, applicable rental fee, and other required documents must be received by the Superintendent or designee before any facility use will be considered. The supervising adult assumes primary responsibility for complying with subsection B.2.
8. Leasing District property is addressed in Policy 3305.

C. Use of District Facilities by Student Groups

1. The applicable building principal may determine the time and place of a student group’s use of available District facilities.
2. Student groups may use available District facilities without charge.
3. The District may bear any costs associated with use by a student group (e.g., fees paid to a cook or a custodian).
4. Student groups have priority to use District facilities over non-student groups.

D. Use of District Facilities by Non-Student Groups

1. The Superintendent or designee may authorize or limit the use of District facilities by non-student groups consistent with this Policy and applicable law.
2. When any non-student group requests to use District facilities, the group may be required to provide proof of insurance, naming the District as an additional insured, with coverage acceptable to the Superintendent or designee.
3. Use must occur while the facility is available, with minimal interference to scheduled activities, custodians, or other student and personnel facility use.
4. The facility use will occur at times and places determined by the Superintendent or designee.
5. If non-student groups are authorized to use District facilities, the Superintendent or designee will prioritize their use in the following order:

a. non-curricular education groups; b. community groups solely or jointly supporting the District (e.g., booster clubs, PTO); c. government organizations within the District’s geographic boundaries; d. non-profit organizations whose activities are open to the general public and serve the community; and
e. all other non-student groups.
The Superintendent or designee has sole discretion to determine the classification of a non-student group.

6. The District’s facilities are not public for a non-student group’s access to such facilities does not create a public forum.
7. Denial of access

a. The Superintendent or designee may reject a non-student group’s request to use District facilities if the group’s use of the facilities is for a commercial purpose. A booster club or other organization raising money purely for the support of a student group and not for personal profit is not considered a commercial purpose.
b. The Superintendent or designee may lawfully restrict, exclude, or impose conditions on a person inappropriately using District facilities or violating this Policy. A person who refuses to comply may be considered a trespasser.

E. Use of Specialty Facilities by Application and Agreement

1. The District permits non-commercial use of the following facilities by persons for their personal health and wellness: weight room, track, gym and associated locker-room facilities (the “Specialty Facilities”). The District may authorize use of the Specialty Facilities on an annual basis on conditions determined by the Superintendent or designee, which may include a waiver and use agreement.
2. A person using the Specialty Facilities must comply with applicable provisions of this Policy.
3. A person failing or refusing to abide by this Policy may lose the privilege of using the Specialty Facilities.
4. Users of Specialty Facilities acknowledge that they have reduced privacy rights while on District property and that lockers may be subject to search by District officials.

F. Using District Personal Property

1. A person may use District personal property for non-school use only with the prior permission of the Superintendent or designee.
2. The District may seek reimbursement from a user of its personal property for any costs the District incurs in repairing or replacing such personal property.

Date adopted: 10/23/23
Date revised: 

Series 3000: Operations, Finance, and Property
3300 Facilities, Real, and Personal Property
3305 Sale or Lease of District Property

The District may, in accordance with applicable law, sell, lease, or otherwise convey (each, a “transfer”) its property, whether real or personal. Subject to Board parameters and legal review, the Superintendent may obtain, negotiate, or modify transfer documents for any Board-authorized transfer of District property.

A.    The District may consider both solicited and unsolicited offers to transfer its property. The District may market its property through any lawful process, including employing a real estate broker, publicly listing the property for a specific price, soliciting bids, or holding an auction.
B.    The Superintendent or designee will contact the District’s financial advisor or legal counsel to investigate any tax consequences from the transfer of District property financed with tax-exempt obligations.
C.    The District may only transfer its property in exchange for fair value, which value may be non-monetary. An appraisal may be obtained but is not required.
D.    The District may not impose a deed or use restriction that is prohibited by law.
E.    The transfer of District real property is exempt from transfer tax.
 
Legal authority:    Const 1963, art 9, § 18; MCL 123.1045; MCL 207.505, 207.526
Date adopted: 10/23/23
Date revised: 
 

Series 3000: Operations, Finance, and Property
3300 Facilities, Real, and Personal Property
3306 Construction Bidding

The Board will comply with applicable laws and this Policy for the construction of a new school building or an addition to or repair or renovation of an existing school building (a “Construction Project”).

A. When Competitive Bidding is Required

1. The District must competitively bid all labor and material for a Construction Project if the project cost exceeds the then-current state bid threshold published annually by MDE (the “Bid Threshold”).
2. The District does not need to competitively bid a:
• Construction Project costing less than the Bid Threshold;
• contract for repair in emergency situations;
• repair normally performed by District employees; or
• professional consultant contract.

B. Bidding Procedure

1. If competitive bidding is required, the District must follow the bidding procedure prescribed by Revised School Code Section 1267 and award contracts to the lowest responsible bidder.
2. To determine whether a bidder is a responsible bidder, the District may consider the factors enumerated in Policy 3301 subsection C.3.b.
3. If competitive bidding is not required, the District may use any lawful means to procure contracts.
4. Each bidder must certify that it is not an Iran-linked business as defined by MCL 129.312.
5. If federal or state prevailing wage requirements apply, project specifications must include the schedule of minimum rates to be paid to each relevant class of construction mechanic or laborer. If state prevailing wage requirements apply, the schedule of minimum rates must also be printed on bid forms.

C. Alternates

1. Bid specifications may require bidders to submit bids with mandatory alternates or allow bidders to submit voluntary alternates; provided, however, that no voluntary alternate may change the nature of the work.
2. The Board, in its discretion, may award bids based on allowable alternates.

D. Michigan Business Preference
For any Construction Project, the District may apply a preference to a Michigan-based business as described in Policy 3301 subsection C.4.

E. Construction Bidding Using State Aid Act Funds
The purchase of property and services made with state aid must comply with the requirements described in Policy 3301 subsection D.

F. Construction Bidding Using Federal Funds
The purchase of property and services made with federal funds subject to the Uniform Grant Guidance are also governed by Policy 3301A.

Legal authority: 2 CFR 200.1, et seq.; MCL 129.311 et seq.; MCL 380.1267; MCL 388.1764c
Date adopted: 10/23/23
Date revised: 11/25/24

 

Series 3000: Operations, Finance, and Property
3300 Facilities, Real, and Personal Property
3307 Construction Administration

This Policy sets forth procedures and requirements for District building and site improvements. Bidding requirements for construction appear in Policy 3306.

A. Plan Review

1. Before commencing construction, the District, or an authorized agent on the District’s behalf, will submit project plans and specifications to the Michigan Bureau of Construction Codes Plan Review Division.
2. Alternatively, the District may submit the plans and specifications to the applicable local building department if the Board and the municipality’s governing body have properly certified that full-time code officials, inspectors, and plan reviewers registered under the Skilled Trades Regulation Act will conduct plan reviews and inspections. In that situation, the District must also submit the plans and specifications to the Bureau of Fire Safety.
3. Reserved.
4. Before the District commences new construction or major renovation of a school building or athletic facility, the Superintendent or designee will consult with the law enforcement agency that will be the first responder for that building or facility about safety issues.

B. Professional Consultants

1. If the total cost of a school building construction project will be $15,000 or more:

a. a Michigan-licensed architect or professional engineer must prepare the plans and specifications; and
b. a qualified person or firm must supervise construction as provided in MCL 388.851.

2. The District may hire a construction manager for any project. If the construction manager also performs construction, either directly or by assuming responsibility for the work of other contractors (e.g., construction manager as constructor):

a. the construction manager may not supervise such construction under MCL 388.851; and
b. the District must still bid the project as required by law.

C. Payment and Performance Bonds

1. For all contracts described in MCL 129.201 that exceed $50,000, the principal contractor must procure performance and payment bonds in accordance with law.
2. Unless the Superintendent or designee determines otherwise, the District requires payment and performance bonds to be 100% of the contract sum.
3. The responsibility for procuring payment and performance bonds rests solely with the contractor. The District has no duty to ensure that a contractor has procured a payment or performance bond.

D. Prevailing Wage

1. Bid materials, project specifications, and contract documents must comply with applicable federal and state law prevailing wage requirements. 
2. The responsibility for paying prevailing wage rates rests solely with the contractor. The District has no duty to ensure that a contractor has paid prevailing wage rates.

Legal authority: 40 USC 3141, et seq.; MCL 129.201 et seq.; MCL 339.6001 et seq.; MCL 380.1263, 380.1264; MCL 388.851 et seq.; MCL 408.1101, et seq.
Date adopted: 10/23/23
Date revised: 11/25/24

Series 3000: Operations, Finance, and Property
3300 Facilities, Real, and Personal Property
3308 Distribution of Printed Material and Advertising in School

District facilities may be used to advertise or distribute printed information for commercial or promotional purposes (“Advertisement”) in accordance with this Policy. An approved Advertisement does not reflect the District’s approval or endorsement of any product, organization, service, or issue referenced in the Advertisement. An Advertisement does not include public recognition or commemoration of District or student organization donors and sponsors.

A. General Restrictions on Advertisements

1. No Advertisement may:
• violate law or Policy or urge a violation of law or Policy;
• lie or mislead;
• advocate the use, or advertise the availability, of tobacco (including e-cigarettes), alcohol, cannabis/marijuana, illegal drugs, or related paraphernalia;
• contain a statement or image that describes or displays profanity, pornography, sexual activity, nudity, violence, serious injuries, or corpses;
• incite violence or advocate the unlawful use of force;
• invade a person’s privacy;
• violate a trademark, copyright, patent, or other intellectual property right;
• include material inappropriate for the maturity level of the students exposed to the Advertisement; or
• create a likelihood of a material and substantial disruption.
2. The District may regulate Advertisement content within legally permitted parameters.
3. The District may determine the size, location, and times of display of all Advertisements.

B. Student Group Advertisements 

1. A student group is 1 or more students participating in District-sponsored curricular or extracurricular activities supervised by District personnel, such as an athletic team, student council, academic team, or student club.
2. A student group may use District facilities for that group’s Advertisements with the prior approval of the applicable building principal or designee.
3. A non-student group Advertisement that appears within materials produced or distributed by a student group (e.g., yearbooks, student newspapers, and athletics or student club publications) is considered a non-student group Advertisement.

C. Non-Student Group Advertisements

1. A non-student group Advertisement is any Advertisement that is not considered a student group Advertisement or District speech.
2. A non-student group Advertisement must:
• include a statement explaining that the group is not affiliated with, or endorsed by, the District;
• receive prior approval from the Board or Superintendent; and
• be subject to a written contract with the District describing each party’s obligations and rights.
3. A non-student group Advertisement may not reference a political candidate or ballot question.
4. A non-student group Advertisement, if approved, is intended to generate revenue and does not create a forum for speech or expression. Note: Consult legal counsel for forum analysis.

D. School Bus Advertisements

1. An Advertisement may not appear on the exterior of a school bus.
2. The District may allow an Advertisement in a school bus interior to the extent consistent with MDE’s “Advertising Inside School Buses” guidelines: https://www.michigan.gov/documents/mde/Advertising_Inside_School_Buses_325476_7.pdf. A school bus Advertisement is otherwise subject to the same restrictions and approval procedures as other Advertisements.

E. District Speech
An Advertisement does not include material used to promote, inform, or collect funds for a product or service the District uses or authorizes in the performance of its educational operations, regardless of whether the product or service is provided by a non-student group. That material is considered the District’s speech. Examples include, but are not limited to, material distributed by District vendors whose products or services the District uses or encourages students or staff to use.

Legal authority: MCL 257.1833
Date adopted: 10/23/23
Date revised:

Series 3000: Operations, Finance, and Property
3400 School Safety and Security
3401 School Cancellation, Delay, and Early Dismissal

The Superintendent may close, delay, or dismiss school, and cancel or alter any school-related activities, to protect the health, safety, and welfare of students, employees, and others. The Superintendent will endeavor to timely and accurately notify persons affected by schedule alterations.

Date adopted: 10/23/23
Date revised:

Series 3000: Operations, Finance, and Property
3400 School Safety and Security
3402 Drills, Plans, and Reports

The Board will take reasonable steps to provide a safe and secure learning environment to protect students and employees.
A.    Emergency Drills
The Superintendent or designee will schedule, notify, conduct, report, and post all fire, tornado, and other emergency drills as required by law.
B.    Cardiac Emergency Response Plan
The Board will develop, adopt, and provide for annual review a cardiac emergency response plan as required by law. Beginning in the 2025-26 school year, the Board will integrate the cardiac emergency response plan into the protocols of the local emergency response system and emergency response agencies. Beginning in the 2025-26 school year, all high school athletic coaches must be certified in CPR and use of an AED by the American Red Cross, the American Heart Association, or a comparable organization approved by MDE.
C.    Drinking Water Management Plan
By January 2025, the Board will develop, adopt, update, implement, and make available upon request a Drinking Water Management Plan as required by law.
D.    Cooperation
The Superintendent or designee will act as liaison to work with the School Safety Commission and the Office of School Safety, including to identify model practices for determining school safety measures.
E.    Safety and Emergency Plans
The Board will comply with the statewide school information policy, and the Superintendent or designee will provide all reports, information, and notices required by that policy. If the policy does not satisfy the requirements of Revised School Code Section 1308b(3), the Board will develop and adopt an emergency operations plan with public input and participation by at least 1 law enforcement agency having jurisdiction over the District. The statewide school information policy or the emergency operations plan, as applicable, will be reviewed every 2 years in conjunction with at least 1 law enforcement agency having jurisdiction over the District. The Board will notify MDE within 30 days after completing a required review.
F.    Reporting Incidents of Crime
Each building principal will collect and update information at least weekly on incidents of crime in the applicable building. At least annually, the Board will post information on its website about incidents of crime in the District and will make this information available to Parents on a per-building basis. Within 24 hours after an incident occurs, the Superintendent or designee will report to the Michigan State Police crimes and attempted crimes identified in MCL 380.1310a(2).

Legal authority:    MCL 29.19, 29.19b; MCL 380.1241, 380.1308, 380.1308a, 380.1308b, 380.1310a, 380.1319, 380.1901, et seq.
Date adopted: 10/23/23
Date revised: 11/25/24

Series 3000: Operations, Finance, and Property
3400 School Safety and Security
3403 Reporting Accidents

If a student suffers a serious physical injury while at school or while participating in a school-sponsored activity, District personnel, if aware of the injury, will promptly report the injury to the building principal or designee. If the student is a minor, the building principal or designee will promptly notify the student’s Parent(s) and complete an accident report. See Policy 5702.

Date adopted: 10/23/23
Date revised: 11/25/24

Series 3000: Operations, Finance, and Property
3400 School Safety and Security
3405 Bloodborne Pathogens

Bloodborne pathogens and other infectious body fluids can be transmitted through contact with skin, eyes, mouth, and mucous membranes, including by needle sticks, cuts, punctures, and bites. The District will observe universal precautions to prevent contact with blood or other potentially infectious materials. Under circumstances in which differentiation between body fluid types is difficult or impossible, all body fluids will be considered potentially infectious materials.

If one or more District employees are subject to occupational exposure, the Superintendent or designee will develop and annually update an exposure control plan that will be accessible to employees.

The District will provide vaccines, training, and post-exposure evaluations at no charge to employees whose duties are reasonably anticipated to result in occupational exposure to blood or other infectious materials.

“Bloodborne pathogens” means pathogenic microorganisms that are present in human blood and can cause disease in humans. Those pathogens include hepatitis B virus (HBV) and human immunodeficiency virus (HIV).

“Universal precautions” means a method of infection control that treats all human blood and other potentially infectious material as capable of transmitting HIV, HBV, and other bloodborne pathogens.

Legal authority:    29 CFR 1910.1030; Mich Admin Code R 325.70004
Date adopted: 10/23/23
Date revised: 

Series 3000: Operations, Finance, and Property
3400 School Safety and Security
3406 Integrated Pest Management

The District will monitor, manage, and treat pests on District property.

A. Pest Application

1. The Board does not authorize the application of a pesticide on District property unless a written integrated pest management program is in place for that property. The Superintendent or designee will develop, evaluate, and modify site-specific integrated pest management programs in accordance with law.
2. The Board only authorizes the lawful application of a pesticide by a certified or registered applicator who has been properly trained. After the application of a pesticide, a person may only reenter District property in compliance with restrictions identified by the applicator and required by law.
3. A “pesticide” does not include sanitizers, germicides, disinfectants, or antimicrobial agents.

B. Notice

1. Within 30 days after the beginning of each school year, the Superintendent or designee will provide notice to students’ parents that they will receive advance notice of the application of a pesticide.
2. Except in an emergency, the Superintendent or designee will provide at least 48 hours’ advance notice to students’ parents of the application of a pesticide. In an emergency, the Superintendent or designee will provide notice to students’ parents promptly after a pesticide has been applied.
3. Notices will comply with methods, time frames, and information requirements established by MCL 324.8316.
4. Notices are not required for the application of a pesticide that is a bait or gel formulation.

C. Records
Each building will maintain a copy of its integrated pest management program. Records of pesticide use and other non-pesticide pest management practices will be maintained on site.

Legal authority: MCL 324.8316; Mich Admin Code R 285.637.1 et seq.
Date adopted: 10/23/23
Date revised: 11/25/24

Series 3000: Operations, Finance, and Property
3400 School Safety and Security
3407 Asbestos Management

The District will maintain an asbestos management plan for each school building and otherwise comply with the requirements of the Asbestos Hazard Emergency Response Act (AHERA) and related regulations.

A.    Each asbestos management plan will address building inspections, re-inspections, preventative measures, periodic surveillance, response actions, operations and maintenance, notices, and other information required by law.
B.    Each school building will maintain in its administrative offices a complete, updated copy of the asbestos management plan for that school building. The District’s administrative offices will maintain complete, updated copies of asbestos management plans for all school buildings. The District will make asbestos management plans available for inspection without cost but may charge a reasonable amount to make copies.
C.    The District will provide training and information, maintain records, and perform asbestos-related obligations with accredited persons as required by law.
D.    The Board designates the Director of Operations to oversee the District’s compliance with the asbestos management plan and AHERA.
 
Legal authority:    15 USC 2641 et seq.; 29 CFR 1910.1001(k)(9)(ii), 1910.1101(j)(7)(ii); 40 CFR 763 Subpart E; MCL 388.861 et seq.
Date adopted: 10/23/23
Date revised:

Series 3000: Operations, Finance, and Property
3400 School Safety and Security
3408 Firearms and Weapons

The District is a weapon-free school zone. Except as otherwise permitted by Policy or required by applicable law, a person may not possess a weapon on District property. See also Policy 5206. Each person on District property must also comply with the federal Gun- Free School Zones Act.

A. As used in this Policy:

1. An “antique firearm” means that term as defined by MCL 750.237a.
2. A “firearm” means any weapon that will, is designed to, or may readily be converted to expel a projectile by the action of an explosive.
3. “Pistol” means that term as defined by MCL 28.421.
4. “District property” means:

a. a building, playing field, or property used for school purposes to impart instruction to students or used for functions and events sponsored by a school, except a building used primarily for adult education or college extension courses; and
b. a vehicle used by the District to transport students to or from a place described in subsection A.4.a above.

5. A “weapon” means a firearm, pneumatic gun, dagger, dirk, stiletto, knife with a blade over 3 inches in length, pocket knife opened by a mechanical device, iron bar, or brass knuckles, or any other object used, intended, or represented to inflict serious bodily injury or property damage.

B. Permitted Uses
The following persons may possess a weapon on District property:

1. A peace officer as defined by law or those persons listed in MCL 28.425o(5);
2. A student’s Parent licensed to carry a concealed pistol may carry a concealed pistol (but no other weapons) while in a vehicle if the Parent is dropping the student off at, or picking the student up from, the student’s school;
3. A person with permission from the Superintendent or designee to possess a firearm (but no other weapons) within any lawful parameters established by the Board;
4. Reserved;
5. A person licensed to carry a concealed pistol may possess a pistol but is only allowed to open carry;
6. Reserved
7. Use in conjunction with subsection A.1: A non-student at least 18 years old who possesses an unloaded firearm (but no other weapons) in a wrapper or container in a vehicle’s trunk while transporting a student to or from the school if any of the following apply:

a. The person is carrying an antique firearm while en route to or from a hunting or target shooting area or function involving the exhibition, demonstration, or sale of antique firearms;
b. The person is carrying a firearm while in possession of a valid Michigan hunting license or proof of valid membership in an organization having shooting range facilities and while en route to or from a hunting or target shooting area;
c. The person is carrying a firearm from the place of purchase to his or her home or place of business or to a place of repair or back to his or her home or place of business, or in moving goods from one abode or business to another abode or business; or
d. If the vehicle does not have a trunk, the person is carrying a firearm in the passenger compartment and the person is otherwise complying with the requirements of subsection b or c and the wrapper or container is not readily accessible to the vehicle’s occupants.

C. Violations

1. Students and District personnel with knowledge that a person is in violation of this Policy should immediately report the violation to the building principal or designee.
2. Violation of this Policy will result in discipline of students, employees, and contractors, up to and including expulsion or termination, removal from District property, and referral to law enforcement.

Legal authority: 18 USC 921; 18 USC 922(q); MCL 28.425f, 28.425o; MCL 750.237a
Date adopted: 10/23/23
Date revised: 11/25/24

Series 3000: Operations, Finance, and Property
3400 School Safety and Security
3410 Opioid Antagonist

The District will provide adequate control, supervision, and training to maintain and administer opioid antagonists at school consistent with state law.

A. Emergency Preparedness

1. The Superintendent or designee will obtain opioid antagonists, as authorized by law.
2. An opioid antagonist maintained by a school may only be administered to a person who is believed to be having an opioid-related overdose on school grounds by:

a. a licensed registered professional nurse employed or contracted by the District; or
b. a District employee appropriately trained in accordance with state law.

B. Notice and Reporting
The building principal or designee will:

1. contact 911 if a student is believed to be having an opioid-related overdose;
2. promptly notify the Parent of a student to whom an opioid antagonist has been administered and document all actual and attempted notices. The District will encourage the Parent to seek treatment for the student from a substance use disorder services program; and

3. document all instances of opioid antagonist administration at school.
 
Legal authority: MCL 15.671 et seq.
Date adopted: 11/25/24
Date revised:

Series 3000: Operations, Finance, and Property
3500 FOIA Requests and Record Retention
3501 Freedom of Information Act

The District is a “public body,” as defined in Section 2 of the Michigan Freedom of Information Act (FOIA). It is the District’s policy to comply with FOIA.

The Superintendent is the District’s FOIA Coordinator but may designate another person to accept, process, approve, and deny FOIA requests. The Superintendent will establish written procedures and guidelines, a written public summary of the procedures and guidelines, and a detailed itemization of fees form in compliance with FOIA. The procedures and guidelines will provide for fee appeals to the Board.

Legal authority:    MCL 15.231 et seq.
Date adopted:
Date revised:

3501-AGFreedomofInformationActProceduresandGuidelines

Series 3000: Operations, Finance, and Property
3500 FOIA Requests and Record Retention
3501-F-1 Sample FOIA Request Form

[Date]

FOIA Coordinator
[Insert District Address]

Re: Freedom of Information Act Request 

Dear FOIA Coordinator: 
Pursuant to the Michigan Freedom of Information Act, MCL 15.231 et seq., I am writing [to inspect / to copy / to obtain copies of] the following public records:
[Insert description of records sought]

Optional: Please provide a copy of the requested public records on [Insert description of desired non-paper physical medium, such as CD or flash drive].

Optional: Please waive or reduce the fee to search for or furnish copies of the requested public records on grounds that a waiver or reduction of the fee is in the public interest because searching for or furnishing copies of the public records can be considered as primarily benefiting the general public.

Optional: Please furnish the requested records without charge for the first $20 of the fee because (A) I am receiving public assistance [Insert specific description] or I am unable to pay the fee because of indigence; (B) I am not making this request in conjunction with outside parties in exchange for payment or other remuneration; and (C) I have not previously received discounted copies of public records from the [Public Body] twice during this same calendar year. 

Optional: Please furnish the requested records without charge for the first $20 of the fee because (A) this request is made directly on behalf of a nonprofit corporation formally designated by the State of Michigan to carry out activities under subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000, Public Law 106-402, and the Protection and Advocacy for Individuals with Mental Illness Act, Public Law 99-319, or their successors, or on behalf of its clients; (B) this request is made for a reason wholly consistent with the mission and provisions of those laws under Mental Health Code Section 931, MCL 330.1931; and (C) this request is accompanied by documentation of designation by the State of Michigan. 

Optional: I am writing to request, pursuant to the Michigan Freedom of Information Act, MCL 15.231 et seq., to subscribe for up to six months to the following future issuances of public records created, issued, or disseminated by [Public Body] on a regular basis: [Insert specific description].

Please contact me if you have any questions.

Sincerely,
[Requester Name]
[Requester Address]
[Requester Email]
[Requester Phone Number]

Legal authority:    MCL 15.231 et seq.
Date adopted: 11/25/24
Date revised:

Series 3000: Operations, Finance, and Property
3500 FOIA Requests and Record Retention
3501-F-2 Certificate of Non-Existence of Public Record

[Date]
FOIA Coordinator
[Insert District Address]

Re: Freedom of Information Act Request 

Dear FOIA Coordinator: 
Pursuant to the Michigan Freedom of Information Act, MCL 15.231 et seq., I am writing [to inspect / to copy / to obtain copies of] the following public records:

[Insert description of records sought]

Optional: Please provide a copy of the requested public records on [Insert description of desired non-paper physical medium, such as CD or flash drive].

Optional: Please waive or reduce the fee to search for or furnish copies of the requested public records on grounds that a waiver or reduction of the fee is in the public interest because searching for or furnishing copies of the public records can be considered as primarily benefiting the general public.

Optional: Please furnish the requested records without charge for the first $20 of the fee because (A) I am receiving public assistance [Insert specific description] or I am unable to pay the fee because of indigence; (B) I am not making this request in conjunction with outside parties in exchange for payment or other remuneration; and (C) I have not previously received discounted copies of public records from the [Public Body] twice during this same calendar year. 

Optional: Please furnish the requested records without charge for the first $20 of the fee because (A) this request is made directly on behalf of a nonprofit corporation formally designated by the State of Michigan to carry out activities under subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000, Public Law 106-402, and the Protection and Advocacy for Individuals with Mental Illness Act, Public Law 99-319, or their successors, or on behalf of its clients; (B) this request is made for a reason wholly consistent with the mission and provisions of those laws under Mental Health Code Section 931, MCL 330.1931; and (C) this request is accompanied by documentation of designation by the State of Michigan. 

Optional: I am writing to request, pursuant to the Michigan Freedom of Information Act, MCL 15.231 et seq., to subscribe for up to six months to the following future issuances of public records created, issued, or disseminated by [Public Body] on a regular basis: [Insert specific description].

Please contact me if you have any questions.

Sincerely,
[Requester Name]
[Requester Address]
[Requester Email]
[Requester Phone Number]

Legal authority:    MCL 15.231 et seq.
Date adopted: 11/25/24
Date revised:

3501-F-3StandardFormforDetailedItemizationofFeeAmounts

Series 3000: Operations, Finance, and Property
3500 FOIA Requests and Record Retention
3502 Record Retention

A “public record” means a writing prepared, owned, used, in the possession of, or retained by the District in the performance of an official function, from the time it is created.

The District will comply with all federal and state record retention requirements and with Michigan’s general record retention schedules. Regardless of format, the District will make public records accessible for the applicable retention period.

A. The District will store its public records in a secure and stable environment, whether digital or physical, and protect them from tampering and damage.

B. Disposal of Records

1. Once a public record has been retained for the duration required by law, the District may dispose of the public record unless the disposal or preservation of a public record is mandated by law or Policy.
2. The District will not destroy a public record responsive to a FOIA request received before the date the record is destroyed until the District has produced the public record or determined it is exempt from disclosure.

C. Litigation, Investigation, or Audit Holds
The Superintendent or designee will issue a hold directive to all persons suspected of having records that may relate to the potential issues in a reasonably anticipated or pending litigation, investigation, or audit. A hold directive overrides any records retention schedule that may otherwise call for the disposition or destruction of the records until the litigation, investigation, or audit hold has been lifted.

Legal authority: MCL 15.231-246; MCL 399.811; MCL 750.491; General Retention Schedule Nos. 1, 2, 23, 26, 30, 31
Date adopted: 10/23/23
Date revised:

Series 4000: District Employment
4100 Employee Rights and Responsibilities
4101 Non-Discrimination

A.  Equal Employment Opportunity
The District is committed to equal employment opportunity and compliance with federal, state, and local laws that prohibit workplace Unlawful Discrimination, including unlawful harassment and Retaliation, based on any protected class or activity. This Policy applies to all aspects of employment, including recruiting, advertising, hiring, training, job placement, evaluation, classification, promotion, transfer, work assignment, compensation, benefits, discipline, demotion, termination, reduction in force, recall, and any other term or condition of employment.

This Policy prohibits discrimination against employees or applicants for employment based on the following protected classes: race, color, national origin, ethnicity, religion, sex (including pregnancy or related conditions, gender identity, or sexual orientation), height, weight, marital status, age, disability, genetic information, veteran status, military service, or any other legally protected class. This Policy also prohibits Retaliation based on a protected activity.

The District prohibits unlawful employment discrimination as required by applicable civil rights statutes, including:
•  Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, religion, or national origin;
•  Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, religion, sex (including gender identity, and sexual orientation), or national origin;
•  Title IX of the Education Amendments of 1972, which prohibits discrimination based on sex (including gender identity and sexual orientation);
•  Age Discrimination in Employment Act of 1967 (ADEA), which prohibits discrimination based on age as to persons who are at least 40 years old;
•  Equal Pay Act of 1963, which prohibits sex discrimination in payment of wages for persons performing substantially equal work in the same establishment;
•  Section 504 of the Rehabilitation Act of 1973 (Section 504), which prohibits discrimination based on disability;
•  Americans with Disabilities Act of 1990 (ADA), which prohibits discrimination against qualified persons with disabilities in employment, public service, public accommodations, and telecommunications;
•  Pregnancy Discrimination Act of 1978, which prohibits discrimination based on pregnancy, childbirth, or related medical conditions;
•  Pregnant Workers Fairness Act (PWFA), which requires covered employers to provide reasonable accommodations to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause an undue hardship.
•  Genetic Information Non-Discrimination Act of 2008 (GINA), which prohibits discrimination based on genetic information as to health insurance and employment;
•  Michigan Elliott-Larsen Civil Rights Act of 1976 (ELCRA), which prohibits discrimination based on race, color, national origin, age, sex, pregnancy, sexual orientation, gender identity or expression, religion, height, weight, or marital status;
•  Michigan Persons with Disabilities Civil Rights Act of 1976 (MPDCRA), which prohibits discrimination against qualified persons based on disability that is unrelated to that person’s ability to perform the duties of a particular position or genetic information; and
•  Michigan Equal Pay Act, which prohibits discriminatory wage practices based on sex.
The District also complies with and prohibits employment action that violates the following statutes:
•  Family and Medical Leave Act of 1993 (FMLA), which requires covered employers to provide up to 12 work weeks of unpaid, job-protected leave to eligible employees for certain family, military, and medical reasons, and up to 26 work weeks to care for a covered service member with a serious injury or illness;
•  Michigan Paid Medical Leave Act of 2018 (PMLA), which provides eligible employees paid medical leave for certain reasons;
•  Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), which provides job protection and reemployment rights to individuals who voluntarily or involuntarily leave employment to undertake military service, including military reservists and National Guard members called to duty;
•  Public Employment Relations Act of 1947 (PERA), which prohibits a public employer from discriminating against an employee based on membership or non-membership in a labor organization;
•  Fair Labor Standards Act of 1938 (FLSA), which establishes minimum wage, overtime pay, record keeping, and youth employment standards affecting employees; and
•  Michigan Whistleblower Protection Act of 1980, which protects employees who report a violation or suspected violation of state, local, or federal law and employees who participate in hearings, investigations, or court actions.

B.  Reporting Requirements
Any employee who believes he/she has been subjected to behavior that violates this Policy is encouraged to file  complaint promptly with a supervisor. A complaint implicating an individual’s civil rights will be investigated pursuant to the procedures outlined in Policy 4104 and 3115-3115H.

Employees with questions about compliance with this Policy and applicable laws should contact the Superintendent or the Employment Compliance Officer(s) identified in Policy 3115B.
Board members, administrators, and supervisors must promptly report incidents of Unlawful Discrimination and Retaliation that he/she observes or about which he/she receives information.

Board members, administrators, or supervisors who receive a complaint alleging a violation of this Policy must promptly report the complaint, in writing, to the Employment Compliance Officer(s) identified in Policy 3115B.

A failure to comply with reporting requirements may result in discipline, including discharge.

C.  Employment Discrimination Compliance Training
The District will train administrators, supervisors, and the Employment Compliance Officer(s) on how to address and investigate Unlawful Discrimination and Retaliation complaints.

The District may also provide Unlawful Discrimination and Retaliation training to Board members and employees.
Training may be provided by an outside entity or person approved by the District.

Legal authority:  20 USC 1681 et seq.; 29 USC 206 et seq., 701 et seq., 2601 et seq.; 38USC 4301 et seq.; 42 USC 2000d et seq., 2000e et seq., 2000ff et seq., 12101 et seq.; H.R. 2617-1626, 117th Cong. § 103(1) (signed into law December 29, 2022); MCL 37.1101 et seq., 37.2101 et seq.; MCL 423.201 et seq.; MCL 750.556; 34 CFR 106.1 et seq.
Date adopted: 11/25/24
Date revised:
 

Series 4000: District Employment
4100 Employee Rights and Responsibilities
4102 Anti-Harassment, Including Sexual Harassment

A.  Policy Statement
Employees will have the opportunity to work in an atmosphere free from unlawful harassment as defined by state, federal, and local laws. 

The District will promptly and thoroughly investigate complaints alleging unlawful harassment and take appropriate action, including discipline, against any person found to have engaged in unlawful harassment. 

B.  The District’s procedures for investigating unlawful harassment are contained in Policy 3115-3115H. 

C.  Reporting Requirements
Board members, administrators, and supervisors must promptly report incidents of unlawful harassment and Retaliation that he/she observes or about which he/she receives information.
Board members, administrators, or supervisors who receive a complaint alleging a violation of this Policy must promptly report the complaint, in writing, to the Employment Compliance Officer(s) identified in Policy 3115B.
A failure to comply with reporting requirements may result in discipline, including discharge.

Legal authority:  20 USC 1681 et seq.; 29 USC 621 et seq.; 42 USC 1983, 2000d et seq., 2000e et seq., 2000ff et seq., 6101 et seq., 12101 et seq.; 29 CFR 1604.1 et seq., 1635; 34 CFR 106.1 et seq.; MCL 37.1101 et seq., 37.2101 et seq.; MCL 380.1300a
Date adopted: 10/23/23
Date revised: 11/25/24

Series 4000: District Employment
4100 Employee Rights and Responsibilities
4104  Employment Complaint Procedure for Allegations Implicating Civil Rights

This employment complaint procedure for allegations implicating an employee’s civil rights is designed to facilitate: (1) prompt notification of alleged Unlawful Discrimination, including unlawful harassment and Retaliation; (2) a prompt and thorough investigation of good faith allegations; and (3) the implementation of appropriate corrective action, if necessary, to eliminate verified Unlawful Discrimination, harassment, and Retaliation from the workplace.

A.  Initiating a Complaint

1.  A Board member, employee, or employment applicant who believes he/she has been the subject of Unlawful Discrimination, harassment or Retaliation, must timely file a complaint, preferably within 10 business days of the alleged or suspected violation or when the reporter obtained knowledge of the alleged or suspected violation, with the Employment Compliance Officer or applicable coordinator listed in Policy 3115B. 
2.  A complaint of Unlawful Discrimination, including harassment or Retaliation, may be made verbally or in writing. The complaint will be memorialized on Form 3115-F-1.

B.  Investigation Procedures
A written or verbal report (including an anonymous report) of Unlawful Discrimination, including harassment or Retaliation, will be investigated promptly and thoroughly using the Grievance Procedure outlined in Policy 3115E, unless the Complaint is dismissed pursuant to Policy 3115F or informal resolution is reached Pursuant to Policy 3115D. 

C.  Reports to State or Federal Administrative Agencies
Any person who believes that he/she was the victim of Unlawful Discrimination, including unlawful harassment or Retaliation, may file a complaint with the Michigan Department of Civil Rights (MDCR) or the Equal Employment Opportunity Commission (EEOC) at any time:

Michigan Department of Civil Rights Capitol Tower Building
110 W. Michigan Avenue, Suite 800
Lansing, MI 48933
Phone: 517-335-3165
Fax: 517-241-0546
TTY: 517-241-1965
Email: MDCR-INFO@michigan.gov

Equal Employment Opportunity Commission Patrick V. McNamara Building
477 Michigan Avenue - Room 865
Detroit, MI 48226
Phone: 800-669-4000
Fax: 313-226-4610
TTY: 800-669-6820
Email: info@eeoc.gov
An agency complaint may be filed before, during, or after a complaint is filed with the District, or a person may forego filing a complaint with the District and rely solely on the MDCR or EEOC. The District recommends that a person who has been subjected to Unlawful Discrimination, including unlawful harassment or Retaliation, also file a complaint with the District to ensure that the District can take steps to prevent further Unlawful Discrimination, including unlawful harassment or Retaliation, and to discipline the Respondent, if appropriate. The MDCR and EEOC do not serve as an appellate body for District decisions. An investigation by the MDCR or EEOC will occur separately from any District investigation.

Legal authority: U.S. CONST. amend. XIV; 20 USC 1681 et seq.; 29 USC 701 et seq.; 42 USC 2000d et seq., 2000e et seq., 2000ff et seq., 6101 et seq., 12101 et seq.; 29 CFR 1630; 34 CFR 104, 106.1, et seq.; MCL 15.261 et seq.; MCL 37.1101 et seq., 37.2101 et seq.
Date adopted: 10/23/23
Date revised: 11/25/24

Series 4000: District Employment
4100 Employee Rights and Responsibilities
4105 Disability Workplace Accommodations for Employees and Applicants

The District complies with the ADA, Section 504, the MPDCRA, and other federal, state, and local laws that prohibit discrimination in employment against qualified persons with disabilities. The District does not unlawfully discriminate against otherwise qualified employees or applicants for employment with a physical or mental impairment that substantially limits one or more major life activities, those regarded as having a disability, or those with a record of a disability.

An applicant or employee with a disability, like all other applicants and employees, must meet the District’s requirements for the job, including education, training, employment experience, skills, or licenses/certifications. An applicant or employee with a disability must be able to perform the job’s essential functions with or without reasonable accommodation(s). After an applicant has been given a conditional job offer, the District may ask disability-related questions about the applicant’s ability to perform the essential functions of the position with or without reasonable accommodation.

An employee who requires a reasonable accommodation to perform essential job functions must promptly inform the employee’s supervisor or the Superintendent or designee. An applicant who requires a reasonable accommodation to perform essential job functions must promptly inform the Superintendent or designee after receiving a conditional offer of employment. A reasonable accommodation is defined as a change in the work environment or in the methods of performing work to enable an otherwise qualified applicant or employee to perform the essential job functions of a position and to enjoy equal employment opportunities.
Upon receipt of an accommodation request, the District will begin the interactive process with the employee or applicant to consider reasonable accommodation options consistent with the ADA, Section 504, and the MPDCRA.

Reasonable accommodation requests that do not pose a direct threat to health or safety or cause undue hardship, as defined by law, will be considered for qualified applicants or employees with a physical or mental impairment that substantially limits one or more major life activities.

After considering the relevant medical information, essential job functions, and the applicant’s or employee’s requested accommodations, the District will, as appropriate, implement reasonable accommodations that do not pose a direct threat to health or safety or cause an undue hardship. The District is not obligated to adopt the applicant’s or employee’s specific accommodation request.
The District may engage or re-engage in the interactive process, as necessary.

The District may require a medical statement supporting the requested accommodation. The District may also require an employee to undergo an independent medical examination, limited to the accommodation request, at the District’s expense. Medical information will be kept confidential.

Reasonable accommodation of a disability with a limited duration may be provided.

An applicant or employee who believes he/she has been discriminated against under this Policy must promptly file a complaint using the Employment Complaint Procedure in Policy 4104.

A qualified applicant or employee with a disability who needs a reasonable accommodation to attend or participate in a public Board meeting may request an accommodation under Policy 2501.

Legal authority:    29 USC 701 et seq.; 42 USC 12101 et seq.; 29 CFR 1630; 34 CFR 104; MCL 37.1101 et seq., 37.2101 et seq.
Date adopted: 11/25/24
Date revised:

Series 4000: District Employment
4100 Employee Rights and Responsibilities
4105A Pregnancy Workplace Accommodations for Employees and Applicants

The District complies with state and federal law prohibiting pregnancy discrimination. The District will provide reasonable accommodations to known limitations related to pregnancy, childbirth, or related medical conditions of a qualified employee absent an undue hardship. The District treats pregnancy or related conditions as any other temporary medical condition for all job-related purposes. For purposes of this policy, the term “employee” includes an applicant for employment where relevant.

For an employee who requires a reasonable accommodation due to a known limitation related to pregnancy, childbirth, or related medical conditions, the employee or the employee’s representative must make a proper District official (as identified in Pregnant Workers Fairness Act (“PWFA”) regulations) aware of the limitation. 

Upon receipt of an accommodation request, the District will begin the interactive process with the employee to consider whether the employee is qualified under the PWFA and, if so, reasonable accommodation options consistent with the PWFA that do not cause undue hardship. 

Determining whether an employee is qualified may be a two-step inquiry. First, the District will determine whether the employee can perform the essential job functions of the employee’s position with or without a reasonable accommodation. If so, the employee is qualified. If not, then the District will consider the employee to be qualified if: (1) any inability to perform an essential job function(s) is for a temporary period, (2) the essential function(s) could be performed in the near future, and (3) the inability to perform the essential function(s) can be reasonably accommodated without an undue hardship. 

Reasonable accommodation requests will not be granted if they cause an undue hardship, as defined by law. The District may require medical documentation supporting the requested accommodation where allowed by law because the information is necessary for assessing the accommodation request. Medical information will be kept confidential.

After considering any relevant medical information, essential job functions, and the employee’s requested accommodations, the District will, as appropriate, implement reasonable accommodations for a qualified employee that do not cause an undue hardship. The District is not obligated to adopt the employee’s specific accommodation request. The District may engage or re-engage in the interactive process, as necessary.

A reasonable accommodation may include a voluntary leave of absence. If an employee has insufficient leave or insufficient accrued employment time to qualify for leave, or if the District does not maintain a leave policy applicable to the employee, the District will treat any pregnancy or related conditions as a justification for a voluntary leave of absence without pay for a reasonable period of time, at the conclusion of which the employee will be reinstated to the status held when the leave began or to a comparable position without decrease in rate of compensation or loss of promotional opportunities, or any other right or privilege of employment.
An employee who believes he/she has been discriminated against under this Policy must promptly file a complaint using the Employment Complaint Procedure in Policy 4104. For additional information about preventing and addressing pregnancy discrimination, see Policy 3115G.

Legal authority:  42 USC 2000gg et seq.; 29 CFR 1636.1 et seq.; 34 CFR 106.57
Date adopted: 11/25/24
Date revised:
 

Series 4000: District Employment
4100 Employee Rights and Responsibilities
4105B Religious Workplace Accommodations for Employees and Applicants

The District complies with Title VII and state and local laws that prohibit discrimination in employment against employees or applicants for employment based on religion. The District will reasonably accommodate sincerely held religious beliefs, practices, and observances of employees and applicants for employment absent an undue hardship. 

An employee or applicant for employment who requests a reasonable accommodation based on religion must promptly inform the Superintendent or designee. Upon receipt of an accommodation request, the District will meet with the employee or applicant to consider reasonable accommodation options consistent with Title VII. Reasonable accommodation requests that do not pose an undue hardship will be considered.

After considering the requested accommodation and other relevant information, the District will, as appropriate, implement reasonable accommodations that do not pose an undue hardship (as defined by law). The District is not obligated to adopt the applicant’s or employee’s specific accommodation request.

The District may engage or re-engage in accommodation discussions, as necessary.
An applicant or employee who believes he/she has been discriminated against under this Policy must promptly file a complaint using the Employment Complaint Procedure in Policy 4104.

Legal authority:  42 USC 2000e, et seq.; Groff v DeJoy, 143 S Ct 646 (2023)
Date adopted: 11/25/24
Date revised:

Series 4000: District Employment
4100 Employee Rights and Responsibilities
4106 Family and Medical Leave Act (FMLA)

This Policy will be interpreted and applied consistent with the FMLA, as amended, and its regulations. This Policy should not be interpreted to conflict with an applicable collective bargaining agreement where the collective bargaining agreement provides rights or obligations beyond those conferred by FMLA and that are not prohibited by FMLA.

A.  Qualifying for FMLA Leave

1.  Employee Eligibility

a.  To be eligible for FMLA leave, an employee must:

i.  have worked at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave (full-time instructional employees are presumed to meet the 1,250 hour requirement);
ii.  have completed 12 months (cumulative) of work for the District before the commencement of the leave. This includes non-consecutive intervals of employment with the District occurring up to 7 years before the commencement of the FMLA leave; and
iii.  make the request at a time when the District has 50 or more employees at, or within 75 miles of, the worksite.

b.  The applicable 12-month period to determine an employee’s entitlement to FMLA leave (i.e., the FMLA leave year) is the period from January 1 to December 31].

c.  An eligible employee taking FMLA leave to care for a covered service member or veteran with a serious injury or illness is allowed to take up to 26 work weeks of leave in a single 12-month period measured forward from the date the employee first takes leave.

2.  Qualifying Events

a.  An eligible employee may take FMLA leave, up to a total of 12 work weeks, during any 12-month period for any one or more of the following:

i.  the birth or care of the employee’s newborn child;
ii.  the employee’s care for a newly adopted child or child placed in the employee’s home for foster care;
iii.  to care for a spouse, child (who is younger than age 18, or over 18 but incapable of self-care), a Parent (but not parent-in-law), or an individual for whom the employee stands in loco parentis who has a serious health condition;
iv.  the employee’s own serious health condition; or
v.  a qualifying military exigency about an employee, the employee’s spouse, child (regardless of age), or Parent.

b.  An eligible employee may take up to 26 work weeks of leave during a single 12-month period to care for a covered service member who is receiving medical treatment, recuperation, or therapy, or is in outpatient status, or is on the temporary disability retired list for a serious injury or illness. The employee must be the spouse, child, Parent (regardless of their child’s age), or next of kin of the covered service member. This subsection applies to veterans of the Armed Services who suffered an injury or illness, or aggravated an injury or illness, in the line of duty on active duty if the veteran was a member of the Armed Forces at any time during the 5 years before receiving treatment.

3.  Limitations on FMLA Leave

a.  The entitlement to leave for the birth of a child or placement of a child with an employee for the purposes of adoption or foster care expires at the end of the 12-month period beginning on the date of the birth or placement, and these circumstances do not qualify for intermittent or reduced schedule leave, unless the Superintendent or designee approves an intermittent or reduced schedule leave in writing].
b.  Concerning spouses who are both employed by the District, and both eligible for FMLA leave, they are limited to a combined total of 12 work weeks of FMLA leave for the birth or placement, or related care, of a child for adoption or foster care with the employees or the care of a Parent with a serious health condition. This limitation does not apply to the care of a spouse or child with a serious health condition or to an employee’s own serious health condition.
c.  Concerning the entitlement to 26 work weeks of leave to care for a covered service member with a serious illness or injury, the 26 work week allotment may include other reasons for FMLA leave authorized by the Act. But in that allotment, an employee is not entitled to more than 12 work weeks of leave for reasons unrelated to the care for a covered service member with a serious illness or injury.
d.  Concerning spouses who are both employed by the District, and both eligible for FMLA leave to care for a covered service member, they are limited to a combined total of 26 work weeks of leave for all leaves authorized by the Act during the 12-month period commencing with FMLA leave to care for a covered service member. The spouses are subject to the 12 work week limitation for leave related to the birth or placement, or related care, of a child for adoption or foster care with the employees or the care of a Parent with a serious health condition.

B.  FMLA Notice

1.  An employee must give the District notice of FMLA leave as follows:

a.  When the need for FMLA leave is foreseeable (e.g., for the birth of a child, placement for adoption or foster care, or planned medical treatment), 30 calendar days’ notice is required. If the employee fails to give 30 calendar days’ notice with no reasonable excuse, the District reserves the right to deny or to delay the employee’s FMLA leave. If the FMLA leave is for planned medical treatment, the employee must make reasonable efforts to schedule treatment so as not to unduly disrupt the District’s operations.
b.  When the need for FMLA leave is unexpected, the employee must provide notice to the District as soon as practicable.

2.  For both foreseeable and unexpected leave, employees must comply with District Policies, work rules, collective bargaining agreement provisions, and customary absence reporting procedures. Failure to comply with these requirements may be grounds to delay or deny the employee’s FMLA leave request and may result in discipline.
3.  Absent extenuating circumstances, within 5 work days after an employee requests FMLA leave or the District has reasonable information that an employee may qualify for FMLA leave, the District will provide to the employee a copy of this Policy and the U.S. Department of Labor’s (DOL) “Notice of Eligibility and Rights & Responsibilities” DOL Form WH-381 (as updated).
4.  Once the District receives sufficient notice, including any requested medical certification (see below), that an employee’s leave qualifies as FMLA leave, the District will, absent extenuating circumstances, within 5 work days, notify the employee in writing whether the leave is designated as FMLA leave using DOL Form WH-382 (as updated).

C.  Certification

1.  If an employee requests FMLA leave due to the employee’s serious health condition or to care for a Parent, child, or spouse with a serious health condition, the employee must provide medical certification from a health care provider of the serious health condition involved and, if applicable, verification that the employee is needed to care for the family member and the expected duration of the leave. Employees requesting leave for a qualifying exigency or leave to care for a covered service member with a serious injury or illness must provide the appropriate certification. The District will provide the employee with the appropriate DOL form applicable to the employee’s requested leave.
2.  Employees must return the requested certification within 15 calendar days after the request. The District may delay or deny FMLA leave if submission of the certification is not timely.
3.  Failure or refusal to provide requested medical certification within 15 calendar days may result in denial of the leave being designated as FMLA leave.
4.  If an employee provides an incomplete or insufficient certification, the District will advise the employee, in writing, of the deficiencies and what additional information is needed. An employee must return the requested additional information within 7 calendar days. The District, but not the employee’s direct supervisor, may contact an employee’s health care provider for clarification or authentication of a certification. The District may not contact the employee’s health care provider if a complete and sufficient certification, signed by the health care provider, is submitted.
5.  If the District has reason to doubt the medical certification an employee submits, the District may require, at its expense, that the employee obtain a second opinion from a health care provider of the District’s choice. If the second opinion differs, the District may require, at its expense, that a third opinion be obtained from a health care provider who is mutually selected by the employee and the District. The third medical certification will be final and binding on both parties. If the employee refuses to be examined by the third health care provider, the employee will be bound by the second opinion. The District may not request a second opinion for leave to care for a covered service member or veteran with a serious injury or illness.
The District may request recertification consistent with FMLA regulations. Recertification will be at the employee’s expense.
The District may request recertification in less than 30 calendar days if: an employee requests an extension of FMLA leave; circumstances stated in the prior certification have changed significantly; or the District receives information that casts doubt upon the employee’s stated reason for the absence or the certification’s validity.

D.  Concurrent Leave and Substitution of Paid Leave
FMLA leave provided to employees is unpaid, unless the employee has applicable paid leave. Applicable paid leave (e.g., sick, personal, business, vacation, paid time off, leave under Michigan Paid Medical Leave Act (MPMLA), or workers’ compensation) will run concurrently with FMLA leave at the election of either the District or the employee. The ability to use paid leave concurrently with FMLA leave is subject to compliance with the procedures and conditions normally associated with the paid leave. A medical leave of absence covered by workers’ compensation runs concurrently with FMLA leave and consistent with an applicable individual employment contract or collective bargaining agreement. FMLA leave beyond an employee’s applicable accrued paid leave is unpaid.

E.  Intermittent and Reduced Schedule Leave

1.  Eligible employees may take FMLA leave intermittently or on a reduced schedule when leave is taken to care for a family member with a serious health condition, for an employee’s own serious health condition, because of a qualifying exigency, or to care for a covered service member or veteran, an eligible employee may take leave intermittently or on a reduced schedule when medically necessary.
2.  Intermittent or reduced schedule leave will not result in a reduction in the employee’s total amount of leave beyond the amount of leave actually taken. Intermittent and reduced schedule FMLA leave will be accounted for in the shortest increment used to account for leave generally within the employee’s classification.
Employees must follow the District’s absence reporting procedures when using intermittent leave.
3.  When an instructional employee seeks to take intermittent or reduced schedule leave to care for a family member with a serious health condition, to care for a covered service member or veteran, or for the employee’s own serious health condition which is foreseeable based on planned medical treatment, and the employee would be on leave for more than 20% of the total number of work days over the leave period, the District may either require the employee to take leave on a full-time basis for the duration of the requested intermittent or reduced schedule leave or temporarily transfer the employee to an alternate position with equivalent pay and benefits.
4.  If an eligible employee requests intermittent or reduced schedule leave for a foreseeable medical treatment, including during a period of recovery from a serious health condition, the District may require the employee to transfer temporarily to an available alternate position for which the employee is qualified and which better accommodates recurring periods of leave than the employee’s regular position. The alternate position must have equivalent pay and benefits as the employee’s regular position.

F.  Group Health Plan Benefits

1.  Eligible employees are generally entitled to the continuation of District-provided group health plan benefits while on FMLA leave. Group health plan benefits include medical, dental, and optical insurance coverages in which the employee is enrolled at the time that FMLA leave is taken.
2.  The District will continue paying its portion, if any, of the employee’s group health plan costs and insurance premiums or representative premiums while the employee is on FMLA leave and in accordance with any applicable collective bargaining or individual employment contract. Any share or portion of the group health plan costs, insurance premiums, or representative premiums paid by the employee before FMLA leave must continue to be paid by the employee during FMLA leave. See DOL Form WH-381. An employee’s failure to pay his/her portion of group health plan costs, insurance premiums, or representative premiums during FMLA leave may result in loss of coverage if the employee’s contribution is more than 30 calendar days late. The District will provide the employee with written notice at least 15 calendar days before cancelling the employee’s coverage because of a failure to make employee contributions.
3.  As addressed in subsection I below, an employee who fails to voluntarily return to work after FMLA leave may be required to repay the District for his/her group health plan benefit costs.

G.  Return to Work

1.  At the expiration date of an employee’s FMLA leave, the employee will be returned to that employee’s former position or an equivalent position with the same pay, benefits, and working conditions. An employee taking FMLA leave has no greater right to reinstatement than if the employee had been continuously employed during the FMLA leave period.
2.  If an employee was unable to renew a license or certification because of FMLA leave and is no longer qualified for the employee’s former position, the District will provide the employee reasonable time, on unpaid status, to fulfill the necessary return to work conditions.
3.  Instructional Employees

a.  “Instructional” employees are those whose principal function is to teach and instruct students in a class, small group, or individual setting.
b.  If an instructional employee begins FMLA leave more than 5 weeks before the end of a term or semester, the District may require the employee to take FMLA leave until the end of the term or semester if the FMLA leave is to last at least 3 weeks and the employee would return to work during the 3-week period before the end of the term or semester.
c.  If an instructional employee begins FMLA leave during the 5-week period before the end of a term or semester because of the birth or placement for adoption or foster care of a child, to care for a spouse, child, or Parent with a serious health condition, or to care for a covered service member or veteran, the District may require that FMLA leave be taken until the end of the term or semester if the instructional employee would return to work during the 2-week period immediately before the end of the term or semester and the leave is to last more than 2 weeks.
d.  If an instructional employee begins FMLA leave during the 3-week period before the end of a term or semester because of the birth or placement for adoption or foster care of a child, to care for a spouse, child, or Parent with a serious health condition, or to care for a covered service member or veteran, the District may require the employee to take FMLA leave until the end of the term or semester, if the leave will last more than five (5) work days.
e.  Any additional FMLA leave required of an instructional employee by the District will not count against the employee’s allotment of FMLA leave.

4.  Fitness for Duty
The District may require that an employee returning from FMLA leave submit a fitness-for-duty certification from a health care provider which addresses the employee’s ability to return to work and perform the essential functions of the employee’s position. The District must provide the employee with notice of the requirement to provide a fitness-for-duty certification and the essential functions of the employee’s position when the District provides the employee the designation of FMLA leave notice (DOL Form WH-382, as updated). If the employee fails to submit the fitness-for-duty certification in a timely manner, return from FMLA leave may be delayed by the District. The employee may be terminated if he/she fails to submit the fitness-for-duty certification.
5.  Unless a collective bargaining agreement provides otherwise, an employee on unpaid FMLA leave is not entitled to accrue seniority, employment benefits (other than medical insurance), or any benefit conditioned on length of service or work performed.

H.  Denial of Key Employee Restoration

1.  The District reserves the right to deny restoration to the same or equivalent position to any eligible employee who is a key employee, meaning any employee who is paid a salary and is in the highest paid 10% of employees. The District may deny restoration if necessary to prevent substantial and grievous economic injury to the District’s operations. If the District intends to deny restoration to a key employee, it will:

a.  use DOL Form WH-381, as updated, to notify the employee of his/her status as a key employee in response to the employee’s request for FMLA leave and provide the employee with an explanation of the consequences for the employee if the District determines that substantial and grievous injury will result to its operations if the employee is reinstated after FMLA leave;
b.  notify the employee, in person or by certified mail, as soon as the District decides it will deny restoration and the reasons for the denial;
c.  offer the employee a reasonable opportunity to return to work from FMLA leave after giving this notice; 
d.  make a final determination as to whether reinstatement will be denied at the end of the leave period if the employee then requests restoration; and
e.  the District must maintain its group health plan cost, contributions, premium, or representative premium contributions for the employee’s group health plan benefits for the entire term of the employee’s FMLA leave, even after giving the employee notice that restoration will be denied.

I.  Failure to Return to Work

1.  An employee’s unexcused failure to return to work upon expiration of FMLA leave will subject the employee to discharge unless the District grants an extension of leave as required by law or under a collective bargaining agreement, employee handbook, or individual employment contract. An employee who requests an extension of leave due to the continuation, recurrence, or onset of the employee’s serious health condition, or the serious health condition of the employee’s spouse, child, Parent, or covered service member or veteran, must submit to the employee’s supervisor a written request for an extension. This written request must be made as soon as possible before the expiration of the employee’s FMLA leave. Medical certification or recertification will be required to support any request for leave extension.
2.  If an employee is unable to perform the essential functions of the position or an equivalent position at the end of FMLA leave, the District will comply with ADA requirements, as applicable.
3.  If an employee fails to return to work after his/her FMLA leave expires, the employee must reimburse the District for any group health plan costs, contributions, premiums, and representative premiums that the District paid for continuation of the employee’s group health benefits coverage during FMLA leave, unless the employee does not return due to: (a) the continuation, recurrence, or onset of the serious health condition which entitled the employee to FMLA leave and the employee provides the District with sufficient certification from the proper health care provider of the continuation, recurrence, or onset of the serious health condition; or (b) other circumstances beyond the employee’s control. This provision does not apply to any group health plan cost, insurance premium, or representative premium contributions made by the District for periods during which the employee used paid leave concurrently with FMLA leave.

J.  Recordkeeping

1.  The District will maintain the following records related to FMLA requests and use:

a.  basic payroll information;
b.  dates (or hours) during which eligible employees take FMLA leave;
c.  copies of all notices, requests, and other documents related to FMLA leave;
d.  copies of documents evidencing group health plan cost contributions, insurance premium, and representative premium payments made by the District on behalf of an eligible employee on FMLA leave; and
e.  documents related to disputes about eligibility or designation of FMLA leave.

2.  Medical certifications and other medical documentation related to FMLA leave will be maintained in a separate, confidential file from an employee’s personnel file. See Policy 4224.

K.  Notice to Employees
The District will post the appropriate notice of rights poster in a location easily seen by employees and include a general notice of employee FMLA rights in applicable employee handbooks or by providing employees notice at their time of hire.

Legal authority:  29 USC 2601 et seq.; 29 CFR 825.100 et seq.
Date adopted: 10/23/23
Date revised: 11/24/25

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Series 4000: District Employment
4100 Employee Rights and Responsibilities
4107 Military Leave

The District complies with the Uniformed Services Employment and Reemployment Rights Act (USERRA), Michigan’s Military Leaves Reemployment Protection Act (MLRPA), and Michigan’s Public Employees Entering Armed Forces Act (MPEEAFA). The term “military service” as used in this Policy includes the “uniformed services” as defined in the USERRA, “service” as defined in the MLRPA, and “military duty” as defined in the MPEEAFA.

Military service also includes service and training in the Army, Navy, Marine Corps, Air Force, Space Force, Coast Guard, applicable reserve forces, Army National Guard, Air National Guard, Commissioned Corps of the Public Health Service, and other categories of persons designated by the U.S. President in times of war.

In qualifying circumstances, eligible full- and part-time employees may take leave related to military service and are entitled to reemployment and other rights during and at the conclusion of military leave. Military leave is unpaid, but employees may use accrued applicable paid leave for all or a portion of their military leave in accordance with a collective bargaining agreement or individual employment contract.

A.  Employee Notice and Eligibility

1.  Advance notice of military service is required, unless that service prevents advance notice or notice is otherwise unreasonable or impossible.
2.  Employees are eligible for military leave when called to provide military service, whether voluntary or involuntary.
3.  Military leave may be taken for the purpose of active duty, active duty training, inactive duty training, full-time National Guard duty, examinations to determine fitness for duty, funeral honors duty, duty related to the National Disaster Medical System, or any other activity authorized by law.

B.  Reemployment Rights

1.  Employees returning from military leave are entitled to prompt reemployment pursuant to conditions in the law.
2.  Employees may be disqualified from reemployment when: (a) discharged dishonorably or for bad conduct; (b) separation from military service is considered “other than honorable” by the applicable military branch; (c) dismissal occurs via court martial or by order of the U.S. President; or (d) the employee is dropped from the military service rolls because of an unauthorized absence from military service or imprisonment.
3.  The District may deny reemployment after military leave if the District’s circumstances have changed to make reemployment impossible or unreasonable.

C.  Reemployment Positions
An employee’s reemployment position upon returning from military leave depends on the length of the employee’s military service, advancement if the employee had remained continuously employed, the employee’s qualifications, and other factors described in the law.

D.  Pay and Rights Upon Reemployment

1.  Upon reemployment, an employee receives seniority and other rights and benefits determined by seniority that the employee had attained on the date that military leave began, plus the additional seniority and rights and benefits that the employee would have attained if the employee had remained continuously employed. An employee is entitled to any other rights and benefits not determined by seniority as are generally provided by the District to other employees having similar seniority, status, and pay when taking a non-military leave.
2.  Upon reemployment, an employee’s eligibility calculation for leave under the FMLA will assume that the employee worked for the District during the period of military leave.
3.  Upon reemployment, an employee may not be discharged except for a reason constituting just cause for a period of up to 1 year after reemployment from military leave depending on the length and type of military service.

E.  Benefits

1.  If an employee commencing military leave has coverage under a District-provided group health benefit plan, the employee may (at the employee’s expense) elect to continue coverage for the employee, the employee’s spouse, and/or the employee’s dependents, subject to conditions in the law.
2.  If an employee’s health insurance coverage is terminated consistent with the law, upon reemployment, the employee (and the employee’s spouse and dependents) is immediately eligible for reinstatement of health insurance coverage.
F.  Notice and Complaints
1.  Notice of employee rights under the USERRA will be posted in an appropriate location.
2.  The District will not retaliate or take adverse action against an employee based on the employee’s exercise of rights under the law.
3.  An employee must immediately contact the Employment Compliance Officer(s) if the employee believes the District has violated the law or this Policy. The District will investigate the complaint pursuant to Policy 4104.

Legal authority:  38 USC 4301 et seq.; MCL 32.271 et seq.; MCL 35.351 et seq.
Date adopted: 10/23/23
Date revised: 11/25/24

 Series 4000: District Employment
 4100  Employee Rights and Responsibilities
 4108  Union Activity and Representation

The District will not engage in any of the following:
•  interfere with, restrain, or coerce employees in the exercise of their rights under the Public Employment Relations Act (PERA);
•  discriminate in regard to hire, terms, or other conditions of employment based on membership or non-membership in a labor organization; 
•  discriminate against an employee because he/she has given testimony or instituted proceedings under PERA;
•  initiate, create, dominate, contribute to, or interfere with the formation or administration of any labor organization; and
•  use public school resources to assist a labor organization in collecting dues or service fees from wages of public school employees, unless a collective bargaining agreement expressly permits dues or service fee deductions from wages. Upon the expiration of the collective bargaining agreement, the District is not obligated to collect labor organization dues or service fees. Unless prohibited by a collective bargaining agreement, the District may charge an administrative fee to the labor organization for collecting and processing dues and other deductions on the organization’s behalf.

This Policy must be implemented consistent with Policy 1101.

An employee who is subject to an investigatory interview that may result in discipline or reasonably believes that an investigatory interview may result in discipline may bring to the investigatory meeting another employee, or a union representative, if the employee is in an exclusively represented bargaining unit. If the employee’s union representative of choice is not immediately available, the investigatory meeting need not be delayed and may proceed with another representative present.
The District may permit a union representative to attend other meetings, but is not obligated to do so unless required by law or by an applicable collective bargaining agreement. District administration is not required to inform an employee of the right to union representation.

An employee is not entitled to have legal representation present at an employment-related meeting with District administration unless the Superintendent or designee gives prior permission.

Legal authority:  MCL 423.209, 423.210; Janus v AFSCME, Council 31, 138 S. Ct. 2448 (2018); NLRB v J Weingarten, Inc, 420 US 251 (1975) 
Date adopted: 3/18/24
Date revised
 

Series 4000: District Employment
4100 Employee Rights and Responsibilities
4109  Break Time for Nursing Mothers 

Each time an employee needs to express breast milk during the 1-year period after the child’s birth, the District will provide reasonable break time for this purpose in a place, other than a bathroom, that is shielded from view and free from intrusion by co-workers and the public or additional time may be granted for appropriate cause as determined by the Superintendent or designee. For non-exempt employees, break time for expressing breast milk will be unpaid unless the employee is not completely relieved from duty during the entirety of the break, or the employee uses paid break time to which the employee is otherwise entitled under an applicable collective bargaining agreement, individual employment contract, or employee handbook. A longer accommodation may be available under the Pregnant Workers Fairness Act.

Legal authority:  29 USC 218d; 34 CFR 106.57
Date adopted: 11/25/24
Date revised:

Series 4000: District Employment
4100 Employee Rights and Responsibilities
4110  Reimbursement

The District may reimburse an employee for actual, necessary, and reasonable expenses incurred in the performance of official or appropriately authorized duties. As a condition to reimbursement, the District will require pre-approval of an expense.
Subject to prior written approval of the Superintendent or designee, an employee may attend workshops, conferences, trainings, programs, official functions, hearings, and meetings that assist in work performance and are in the District’s best interests.
Reimbursement may include expenses for registration, tuition, fees, charges, travel expenses, meals (except alcohol), lodging, or other related expenses as the Superintendent or designee deems appropriate and as permitted by law.

This Policy will not be construed in a manner that restricts reimbursement provisions in any applicable collective bargaining agreement, individual employment contract, or employee handbook.

Legal authority:  MCL 380.11a(3), 380.1254(1), 380.1804
Date adopted: 10/23/23
Date revised:

Series 4000: District Employment
4200 Employee Conduct and Ethics
4201 Employee Ethics and Standards

Employees must act professionally and model high standards of behavior at all times. Employees shall perform their respective duties and responsibilities in a professional manner, using appropriate judgment. Employees must maintain a standard of behavior that reflects positively on their status as District representatives in the community and is consistent with the Michigan Code of Educational Ethics, which is incorporated herein by reference. See:

https://www.michigan.gov/documents/mde/Code_of_Ethics_653130_7.pdf

If an employee is uncertain as to a potential course of conduct, the employee should seek advice from a supervisor before proceeding.

A.  Employee Ethical Conduct
Employees must exercise objectively sound and professional judgment when engaging with students, Parents, colleagues, administrators, Board members, and community members. This standard extends to employee conduct on and off school property. Ethical behavior generally includes, but is not limited to:

1.  supporting the physical and emotional welfare and safety of students, Parents, colleagues, administrators, Board members, and community members;
2.  complying with federal and state law;
3.  competently and appropriately performing duties and responsibilities for which the employee is trained or assigned;
4.  assigning tasks to District personnel who are qualified and hired to perform the assigned task;
5.  refraining from unlawful discrimination, including unlawful harassment, and retaliation as defined by Policy;
6.  immediately reporting suspected child abuse or neglect;
7.  immediately reporting reasonable cause to believe or suspect abuse, neglect, or exploitation of a vulnerable adult;
8.  maintaining confidential information, including student, medical, personnel, financial, and security information, as protected by statute;
9.  appropriately using District funds, resources, and technology;
10.  maintaining consistent and reliable work attendance, unless excused by the employee’s supervisor or the Superintendent or designee, as applicable;
11.  engaging in activities or behaviors that enhance the operational and instructional environment;
12.  professionally communicating with students, Parents, colleagues, Board members, and community members, including through electronic means;
13.  Completing time and effort reporting under 4201-AG.
14.  abiding by professional, ethical, and licensing standards established by relevant governmental agencies, professional licensing boards, and professional associations, including the Michigan State Board of Education; and
15.  self-reporting a criminal charge and plea or conviction, as required by law.

B.  Conflict of Interest

Employees shall perform their duties and responsibilities free from a prohibited conflict of interest, unless authorized by the Board or designee. Prohibited conflicts of interest include, but are not limited to:

1.  soliciting or accepting anything of value (such as a gift, loan, contribution, or reward), other than compensation received from the District in exchange for services provided to the District, that would influence the employee’s judgment when performing the employee’s duties;
2.  using public funds to purchase alcoholic beverages, jewelry, gifts, fees for golf, or any item the purchase of which is illegal, except as consistent with and permitted by Policy 3205 and Revised School Code Section 1814;
3.  using or authorizing the use of the employee’s public employment or any confidential information received through public employment to obtain personal, professional, political, or financial gain other than compensation received from the District in exchange for services provided to the District for the employee or a member of the employee’s immediate family, or a business with which the employee is associated;
4.  using or authorizing the use of District personnel, resources, property, or funds under the employee’s care and control other than in accordance with prescribed constitutional, statutory, and regulatory procedures, or using those items for personal, professional, political, or financial gain;
5.  providing private services, lessons, tutoring, or coaching for students assigned to the employee for additional remuneration, except as permitted by Policy 4214;
6.  engaging in any activity of a sexual or romantic nature with another employee(s) or contractor(s) that the employee supervises, unless the individuals are engaged to be married, married, or cohabitating;
7.  engaging in any activity of a sexual or romantic nature on school property or at school-sponsored events;
8.  directly or indirectly supervising, making, or contributing to an employment decision pertaining to a relative or significant other, or relative of a relative or significant other (as defined by Policy 4213); and
9.  engaging in any other activity that promotes an employee’s financial and pecuniary interests over those of the District.

C.  Student Fraternization
Employees must establish and maintain professional boundaries with students, including while using personal or District technology. Employees are prohibited from direct or indirect interactions with students that do not reasonably relate to an educational purpose. Employees will behave at all times in a manner supportive of the best interests of students and the District.
Conduct identified below constitutes unprofessional conduct, subjecting the employee to discipline, including discharge, absent express Board or designee authorization. The following list illustrates prohibited behavior involving students but does not describe every kind of prohibited behavior:

1.  communicating about alcohol use, drug use, or sexual activity when the discussion is not appropriately related to a specific aspect of the curriculum or the employee’s duties;
2.  providing drugs, alcohol, tobacco, e-cigarettes, or other items students cannot possess under the District’s Student Code of Conduct;
3.  commenting about matters involving sex, using double entendre, or making sexually suggestive remarks with no appropriate educational purpose;
4.  displaying sexually inappropriate images, materials, or objects;
5.  offering or soliciting sexual advice, whether written, verbal, or physical;
6.  engaging in any activity of a sexual or romantic nature, including following graduation where the relationship arises out of an employee-student relationship;
7.  inappropriate kissing;
8.  inappropriately intruding on a student’s personal space, such as by touching unnecessarily, moving too close, or staring at a portion of the student’s body;
9.  communicating directly or indirectly (e.g., by phone, email, text messaging, or social media) on a matter that does not pertain to school unless the employee obtained prior parental consent. Electronic communications with students generally are to be sent simultaneously to multiple recipients and not just to one student except when the communication is clearly school related and inappropriate for persons other than the individual student to receive (e.g., grades);
10.  permitting a specific student to engage in conduct that is not permitted or tolerated from other students;
11.  inappropriately discussing with a student the student’s personal issues or problems that should normally be discussed with a Parent or counselor unless the employee is the student’s family member;
12.  inappropriately giving a student a personal gift;
13.  allowing a student to live in the employee’s residence without prior Parent consent unless the student is the employee’s family member, a foreign exchange student placed with the employee, or if the employee serves as the student’s foster parent or legal guardian;
14.  giving a student a ride in the employee’s vehicle without appropriate authorization;
15.  taking a student on an activity outside of school without first obtaining the express permission of the student’s Parent and a District administrator;
16.  inviting a student to the employee’s home or residence without first obtaining the express permission of the student’s Parent;
17.  going to a student’s home when the student’s Parent or an adult chaperone is not present unless the employee is the student’s family member; or
18.  engaging in any other conduct which undermines the special position of trust and authority between a District employee and a student.

D.  Abuse and Neglect

1.  Children: An employee who suspects child abuse or neglect must: (a) immediately contact Children’s Protective Services (CPS), (b) file an appropriate report with that agency as required by the Child Protection Law and Policy 4202, and (c) notify the Superintendent or designee and the building principal or supervisor that the report has been filed.
An employees should consult with their immediate supervisor about their duty to cooperate with CPS investigations or to disclose student records to CPS.
2.  Vulnerable Adults: An employee who has reasonable cause to believe or suspect abuse, neglect, or exploitation of a vulnerable adult must: (a) immediately report the matter to Adult Protective Services (APS) consistent with Michigan’s Social Welfare Act and Policy 4202, and (b) notify the Superintendent or designee and the building principal or supervisor that the report has been filed. 
A reporter’s identity will remain confidential unless disclosure is authorized by the reporter’s consent or by court order.
An employee should consult with their immediate supervisor about their duty to cooperate with APS investigations or to disclose student records to APS.

Legal authority:  MCL 380.11a, 380.601a, 380.634, 380.1308a, 380.1814; MCL 722.621 et seq.; MCL 400.11a.
Date adopted: 11/25/24
Date revised:

Series 4000: District Employment
4200 Employee Conduct and Ethics
4201-AG Employee Ethics and Standards – Time and Effort Reporting

Employees who are paid, in full or in part, with federal funds must maintain time and effort records under this administrative guideline. This administrative guideline applies to employees who are paid with state or local funds, but are used to meet a required “match” in a federal program, full and part-time employees, stipends for employees administering federal programs, and substitute teachers. Time and effort records must be completed on forms provided by the District.
Employees must provide the information required by this administrative guideline on a timely basis and following all procedures. 

A.  Definitions

1.  Cost Objective: A program, function, or activity for which cost data are desired (e.g., administrative costs).
2.  Multiple Cost Objective Employee: Employees who work on multiple cost objectives, such as more than one federal award, a federal award with a non-federal award, or more than one activity within a federal award that is separately tracked by the District.
3.  Single Cost Objective Employee: Employees who work exclusively on one cost objective.
4.  Employee Compensation: All amounts paid to an employee for services rendered during the award period. Compensation includes salaries, fringe benefits, stipends, bonuses and payments made under supplemental contracts.
5.  Personnel Activity Report (PAR): A document certifying the amount of time a multiple cost objective employee spends on each cost objective. The PAR must:
a.  Reflect an after-the-fact distribution of the activities performed;
b.  Account for the total activity for which the employee is compensated;
c.  Be prepared at least monthly and coincide with one or more pay periods; and
d.  Be signed by the employee.

B.  Requirement
Charges to federal grants or awards for salaries and wages must be based on records that accurately reflect the work performed. These records must:

1.  Be supported by a system of internal controls that provides reasonable assurance that the charges are accurate, allowable, and properly allocated;
2.  Include verification through electronic signatures and documentation from individuals with first-hand knowledge incorporated into official records; 
3.  Reasonably reflect total activity for which the employee is compensated, not exceeding 100% of compensated activities; 
4.  Encompass both federally-assisted and all other activities compensated by the District on an integrated basis. Reported hours need to cover 100% of the employee’s time, regardless of full-time versus part-time work status;
5.  Comply with the established accounting policies and practices of the District; and 
6.  Support the distribution of the employee’s salary or wages among specific activities or cost objectives.

C.  Procedure

1.  Single Cost Objective Employees
An employee who works on a single cost objective must complete a semi-annual certification that indicates the employee worked solely on that cost objective for the period covered by the certification.  The certification must be prepared at least every six months.  Either the employee or a supervisor with first-hand knowledge of the work performed by the employee must sign the semi-annual certification.
A semi-annual certification must:
•  Be executed after the work has been completed;
•  State that the employee worked solely on activities related to a particular cost objective;
•  Identify the cost objective;
•  Specify the reporting period;
•  Be signed by the employee or a supervisor with first-hand knowledge of the work performed; and
•  Be dated.

The supervisory official for all single cost objective employees must complete the semi-annual certification and forward it to the Director of Human Resources.

The Director of Human Resources will send the semi-annual certification forms to departments, schools, and offices in January and July. If an employee works on a short-term cost objective and their end date does not coincide with the normal January/July collection dates for semi-annual certifications (e.g., a supplemental contract for summer school programs), the employee must obtain a semi-annual certification from the Director of Human Resources after the period when the work has ended.

2.  Multiple Cost Objective Employee
Employees working on multiple cost objectives must maintain PARs or equivalent documentation indicating the amount of time spent on each cost objective for the period covered by the PAR or equivalent documentation.  The PAR or equivalent documentation must be prepared at least every month.  The employee must sign the PAR or equivalent documentation.
A PAR or equivalent documentation must:
•  Be executed after the work has been completed (projections of how an employee is expected to work or position descriptions are not sufficient);
•  Account for the total activity for which each employee is compensated, including part-time schedules or overtime (total activity means all of the time an employee works, not just the amount of time worked on a Federal program);
•  Identify the cost objectives;
•  Specify the reporting period;
•  Be prepared at least monthly and coincide with one or more pay periods;
•  Be signed by the employee (unlike a semi-annual certification, a supervisor’s signature alone is not sufficient); and
•  Be dated after the fact (when the work has been completed).
All multiple cost objective employees must complete the PAR, unless they receive permission from the [identify position] to use equivalent documentation instead of a PAR.
Copies of executed PARs, or approved equivalent documentation, must be forwarded to the Director of Human Resources.
3.  Supplemental Contracts
An employee’s overtime work must be reflected in the employee’s time and effort record. If, however, an employee works in two distinct positions, the employee may maintain separate time and effort records for each position.
4.  Stipends
Employees receiving stipends for District-sponsored activities (e.g., for professional development) may satisfy time and effort records by signing the sign-in and sign-out sheets provided at the activity. Employees receiving such stipends for non-District sponsored activities should contact the Director of Human Resources to obtain the necessary documentation.

D.  Training
The District will provide training on the requirements related to federal timekeeping to all staff involved in federal programs through group training, one-on-one training, or informal technical assistance.

E.  Reconciliation
It is the District’s practice to charge employee compensation costs to federal programs based on budget estimates that reasonably approximate how an employee will work during the year. The District will reconcile payroll charges to the time and effort reflected in employee time and effort records at least quarterly. 
If the District identifies a variance in how an employee’s salary was charged and how much the employee actually worked, the District will adjust its payroll charges so that the amount charged to federal funds reflects the employee’s actual time and effort. If the difference between the actual and budgeted amounts is 10% or greater, the District will adjust its accounting records at least quarterly. If the reconciled difference is less than 10%, the District will adjust the accounting records at least annually.

F.  Document Retention
Time and effort records must be maintained for a period of five (5) years by the District.

G.  Sanctions
Any district employee who violates this procedure will be subject to appropriate discipline as reflected by comments to be placed in their annual employee evaluation.
For violations of this procedure, the District may impose sanctions as follows:
•  If time and effort records are not completed and returned on time, salary costs associated with uncertified grant activity may be removed for the individual and will be charged to a General, Special, or Vocational Education non-grant account.
•  The District may suspend any new work by a non-compliant employee, or the inclusion of a non-compliant employee in projects or programs until time and effort records are up-to-date and properly completed and certified.
•  Employees who complete certification of time and effort records that are inaccurate or incomplete may be subject to discipline, up to and including discharge. Employees who fail to properly complete time and effort records or who violate the procedures established in this administrative guidelines may be subject to disciplinary action, up to and including discharge. 
•  At the Superintendent’s or designee’s discretion, payment to an individual for time and effort expended on the grant may be withheld if time and effort records are not complete.

Legal authority:  2 CFR 200.430
Dated adopted: 10/23/23
Date revised:
 

Series 4000: District Employment
4200 Employee Conduct and Ethics
4202 Children’s Protective Services (CPS) Reporting and Student Safety and Welfare

During the performance of their duties, employees must exercise due care for the safety and welfare of the District’s students.

A.  Required Reports to CPS, APS, District administration, and Michigan State Police

1.  A reporter must: (a) promptly notify the Superintendent or designee and the building principal of the report; and (b) submit an electronic or written report to CPS or APS within the statutory timeframe. Failure to make an immediate report or follow-up with an electronic or written report may result in discipline, including discharge, as well as criminal or civil penalties. CPS and APS may be contacted at 855-444-3911 or www.michigan.gov/mdhhs.
Administrators, teachers, counselors, social workers, psychologists, nurses, physical therapists, physical therapist assistants, occupational therapists, athletic trainers, and others identified as mandatory reporters pursuant to Michigan’s Child Protection Law must immediately report all instances of suspected child abuse or neglect to CPS. Other employees are also expected to make reports to CPS of suspected child abuse or neglect.
School employees who suspect or have reasonable cause to believe that a vulnerable adult was or is being subjected to abuse, neglect, or exploitation must immediately report the matter to APS. A vulnerable adult means a person 18 years of age or older who is unable to protect themselves from abuse, neglect, or exploitation because of a mental or physical impairment or because of advanced age.
2.  Employees must promptly report to the building principal or the Superintendent or designee any instances of injury (accidental or intentional), violence, threats of violence, self-harm, hazards, or any other situation that endangers student safety and welfare or raises reasonable concerns as to the safety of students.
3.  Employees must promptly report to the building principal or the Superintendent or designee incidents of student bullying and crimes or attempted crimes involving physical violence, gang-related activity, illegal possession of a controlled substance or controlled substance analogue, or other intoxicant, trespassing, and property crimes, including theft and vandalism.
Within 24 hours of an alleged incident, an administrator must make an appropriate report to the Michigan State Police as required by law.

B.  Student Safety and Welfare

1.  Employees will maintain control and supervision of students to ensure student safety and will take appropriate action if the employee observes an unsafe or dangerous situation.
2.  Employees will treat students with respect and maintain appropriate professional boundaries with students both in and out of school. Employees must avoid conduct with students that potentially creates the appearance of an unprofessional, unethical, or inappropriate relationship. Romantic relationships between employees and students are prohibited regardless of the student’s age, including following graduation where the relationship arises out of an employee-student relationship.
3.  An employee will not assess, diagnose, prescribe, or provide therapy or counseling services to a student unless: (a) the employee is appropriately certified or licensed under Michigan law; and (b) the services are within the employee’s job duties. An employee will direct students in need of these services to the appropriate District employee or community resource.
4.  Employees will comply with and respect confidentiality of student records and privacy rights, including not posting student information or images online without prior authorization from the employee’s supervisor.
5.  Employees will not interfere with or adversely impact a Parent’s right to determine and direct their student’s care, wellbeing, teaching, and education.
6.  Pursuant to the state’s 2013 Task Force on the Prevention of Sexual Abuse of Children, the Board authorizes the Superintendent or designee to consider and implement all of the following:
•  age-appropriate, evidence-based curriculum and instruction for students in grades pre-K to 5 concerning child sexual abuse awareness and prevention;
•  training for District personnel on child sexual abuse, including but not limited to, training on supportive, appropriate response to disclosure of abuse;
•  providing educational information to Parents on the warning signs of a child being sexually abused and information on needed assistance, referral, or resources;
•  available counseling and resources for students affected by sexual abuse;
•  emotional and educational support for a students affected by sexual abuse; and
•  a review of the system to educate and support personnel who are legally required to report child abuse or neglect.

Legal authority:  MCL 380.10, 380.1308, 380.1308a, 380.1310a, 380.1505; MCL 400.11 et seq.; MCL 722.621 et seq.
Dated adopted: 10/23/23
Date revised: 11/25/24

Series 4000: District Employment
4200 Employee Conduct and Ethics
4203-AG Corporal Punishment and Limited Use of Reasonable Force

A list of alternatives to corporal punishment includes the following:
•  provide direct instruction to students in social skills and problem-solving strategies;
•  use positive reinforcement to teach and maintain the use of appropriate problem-solving and social skills;
•  use social reinforcers, such as teacher feedback and other self-esteem enhancing activities, to support and maintain the use of problem-solving and social skills;
•  apply logical consequences that will teach students personal responsibility for their actions (e.g., losing the privilege of participating in special school activities);
•  consider the use of time out, which may allow students to learn to take control of their actions and, ultimately, in conjunction with instruction in social skills, to cease their undesirable behavior;
•  employ problem-solving classroom meetings and/or school assemblies with honest discussion of problems to encourage student ownership of and responsibility for solutions;
•  establish a variety of strategies for communicating with Parents;
•  establish contractual agreements that clearly outline consequences with students and their Parents to enhance the development of self-control behavior;
•  establish an in-school suspension program, supervised by a responsible adult, in which the student performs curricula-related activities;
•  when necessary, refer students to a counselor, social worker, or psychologist at the local or intermediate level and coordinate services with other units of state government (e.g., public health, social services, mental health). Also, seek assistance from private institutions or agencies with appropriate services;
•  evaluate and arrange appropriate curriculum and adequate support for students who need academic acceleration, special education, alternative education, or services for achieving English proficiency;
•  consider and take action, in accordance with the applicable student code of conduct and due process of law, when disruptive behavior occurs; or
•  consider the use of suspensions or expulsions only after other alternatives have been considered.
The Board adopts the above list. District administration will distribute this list to each employee, volunteer, and contractor.

Adoption date: 10/23/23
Revised date: 11/25/24

Series 4000: District Employment
4200 Employee Conduct and Ethics
4204 Confidentiality of Student Information

Employees must maintain and protect the confidentiality of student information and student education records (as defined in Policy 5309) and recognize Parent rights to student information about their minor child(ren).

Employees must not disclose to third parties confidential student information or records, medical information, performance records, or behavior records unless appropriately authorized. This Policy prohibits disclosure to employees who do not have a legitimate educational interest in the student record.

Disclosure is appropriately authorized with a written release from the Parent or student 18 years or older in accordance with the Family Educational Rights and Privacy Act (FERPA), the Individuals with Disabilities Education Act (IDEA), implementing regulations, and state law.

Employees who receive a subpoena seeking disclosure of student records or other confidential information must immediately notify the Superintendent or designee. Employees must not speak with an attorney who does not represent the District about a student without approval from the Superintendent or designee.

Legal authority:  20 USC 1232g, 1415(b); 34 CFR 99; MCL 380.1136; MCL 600.2165
Date adopted: 11/25/24
Date revised:
 

Series 4000: District Employment
4200 Employee Conduct and Ethics
4205 Hiring and Background Checks

The District is committed to prohibiting unlawful discrimination in its hiring practices consistent with Policy 4101. Hiring decisions are based on qualifications, skills, knowledge, abilities, education, certifications/licenses, experience, demeanor, and other criteria the Board may deem relevant. In making hiring decisions, the Board or designee will consider enrollment, operational requirements, financial needs, and the District’s best interests.

A.  Advertising and Posting
Vacancies may be posted on a designated website or other location and distributed to appropriate employee groups or relevant professional associations. The posting may outline general duties, qualifications, pay range, work experience, and hours. Vacancies may be posted for at least 4 calendar days unless a different time period is specified in a collective bargaining agreement. Applications must be submitted to the central office unless otherwise designated. The District may establish an online application process. Postings will comply with applicable collective bargaining agreements.

B.  Hiring
The Board will determine the hiring process for the Superintendent. For all other positions, the Superintendent or designee will determine the process to consider and interview qualified applicants. The Superintendent or designee is authorized to hire non-exempt staff, temporary, and substitute employees. Teachers, Non-Teaching Professionals, Supervisors, and Administrators that the Superintendent or designee recommends for hire are subject to Board approval.
The District will not consider an applicant for employment unless the applicant provides the District with the following:

1.  written consent for the criminal records division of the Michigan State Police to conduct the criminal history check required by Revised School Code Section 1230 and the criminal records check required by Revised School Code Section 1230a;

2.  a signed statement that complies with Revised School Code Section 1230b(1); and
3.  other required application materials.
Falsification or misrepresentation of credentials, qualifications, references, or application materials will be grounds for disqualification or discipline, including discharge.

C.  Background Checks for Employees, Contractors, and Volunteers

1.  The District will conduct a background check on a selected applicant upon an offer of employment or before a person is assigned to regularly and continuously work under contract in any of its schools. The Superintendent or designee will receive and review the results of the background check before the District employs or allows the person to regularly and continuously work under contract in any of its schools, unless otherwise permitted by law.
2.  “Regularly and continuously work under contract” means any of the following:

a.  to work at school on a more than intermittent or sporadic basis as an owner or employee of an entity that has a contract with the District to provide food, custodial, transportation, counseling, or administrative services or to provide instructional services to pupils or related and auxiliary services to special education pupils;
b.  to work at school on a more than intermittent or sporadic basis as a person under a contract with the District to provide food, custodial, transportation, counseling, or administrative services, or to provide instructional services to pupils or related and auxiliary services to special education pupils.

3.  “School” means in a classroom, elsewhere on District property, or on a school bus or other school-related vehicle.
4.  The background check will include:

a.  a criminal history check pursuant to Revised School Code Section 1230;
b.  a criminal records check pursuant to Revised School Code Section 1230a;
c.  an unprofessional conduct check pursuant to Revised School Code Section 1230b; and
d.  if a certification is required for the position, such as a teaching certificate or administrator certificate, District verification that the person’s certification is valid.

The background check may include any other matters the District deems relevant, such as verifying references, school transcripts, and prior employment, as may be permitted by law.

If the criminal history check report, criminal records check report, or any other report discloses that the person has been convicted of a listed offense as defined in MCL 28.722, and the District verifies the conviction using public records, the District must not employ the person or allow the person to regularly and continuously work under contract in any of its schools. If any of the reports disclose that the person was convicted of a felony as defined in MCL 761.1, and the felony is not a listed offense, and the District verifies the conviction using public records, the District must not employ the person or allow the person to regularly and continuously work under contract in any of its schools unless the Superintendent and the Board each specifically approve the employment or assignment in writing.
Employment offers are contingent on the Superintendent’s or designee’s review of the background check results.
All the information the District obtains via the criminal history check report, criminal records check report, or any other report that discloses that the person has been convicted of a listed offense will be maintained pursuant to 4205 AG 1.

5.  Confidentiality
All the information the District obtains via the criminal history check report, criminal records check report, or any other report that discloses that the person has been convicted of a listed offense are to be considered confidential and will not be released except pursuant to 4205-AG-1(C)(5). Violation of confidentiality is a misdemeanor punishable by a fine up to $10,000.
Notification from the Michigan Department of Education or Michigan State Police about a District employee’s criminal conviction is exempt from FOIA for the first fifteen (15) days until the information is verified. Once verified, only information regarding physical or sexual abuse may be released. The employee may release the information with written authorization.

D.  Other Post-Offer Considerations
The District will not make disability-related medical inquiries or inquire about an applicant’s disability-related requested accommodation(s) until after a conditional job offer is made, consistent with Policy 4105. Based on the physical and mental demands of a position, an examination and/or drug test may be required following a conditional offer of employment. The examination will be performed by a health care provider identified by the Superintendent or designee at the District’s expense.

Legal authority:  MCL 28.722; MCL 380.1230, 380.1230a, 380.1230b; MCL 761.1
Date adopted: 10/23/23
Date revised:

Series 4000: District Employment
4200 Employee Conduct and Ethics
4205-AG-1-Criminal Information Security (NCJA)

The District will conduct background checks, consistent with Policy 4205(C) and Administrative Guideline 4205-AG-1, and will have the Michigan State Police (“MSP”) obtain criminal history record information (“CHRI”) from both the state and Federal Bureau of Investigation (“FBI”) for all District employees, contractors, and vendors and their employees who regularly and continuously work under contract as provided in Policy 4205(C)(2). Employees who fail to follow these procedures will be subject to discipline subject to the Superintendent’s review and written approval of any corrective action.

The District will provide employees, contractors, volunteers, and vendors and their employees for whom the District conducts background checks the most current version of the MSP RI-030 Live Scan consent form. 

The District will complete and maintain a Noncriminal Justice Agency User Agreement (RI-087) provided by the Michigan State Police.  

A.  Local Agency Security Officer (“LASO”)
The District Superintendent will appoint the Director of Human Resources who: (1) is an authorized user, (2) has completed a fingerprint-based background check as required, (3) has been found appropriate to have access to CHRI, and (4) is directly involved in evaluating an individual’s qualifications for employment or assignment as its LASO, who is responsible for the adoption of this guidance along with data/system security. When changes in the appointed LASO/CHRISS Administrator occur, the District will complete and return a new appointment notification form (CJIS-015) to MSP-CJIC-ATS@michigan.gov.

1.  The LASO is responsible for ensuring: 

a.  compliance with these regulations and laws; 
b.  personnel security screening procedures are followed under this administrative guideline;
c.  approved and appropriate security measures are in place and functioning properly to protect CHRI;
d.  annual Awareness Training is being completed by all personnel authorized to access CHRI;
e.  only approved District employees have access to and are using the information in compliance with the law; 
f.  compliance with this administrative guideline;  
g.  that the MSP Information Security Officer (ISO) is promptly informed of any security incidents by submitted the MSP CJIS-016 Information Security Officer (ISO) Security Incident Report; 
h.  information security policy/procedures are reviewed and updated at least annually and after any security events involving CHRI; and
i.  the District offers supplies inscribed with security and privacy reminders, to increase security and privacy awareness of system users. 

2.  The LASO is also responsible for identifying and documenting, to the extent applicable:

a.  District equipment connected to the MSP system; and
b.  who is using or accessing CHRI and/or systems with access to CHRI.

3.  When a new LASO is established, the District will complete and deliver a LASO appointment form to the MSP and will keep a copy of the appointment form on file indefinitely. The LASO will make all MSP fingerprint account changes.

B.  Personnel (Authorized User) Security
Only authorized users will have access to CHRI. An authorized user must be vetted through the national fingerprint background check and be given CHRI access by the LASO to evaluate potential employees, contractors, or volunteers for employment or assignment. If the District maintains digital CHRI, the LASO will assign authorized users unique passwords compliant to 4205-AG-1 (C)(3) to access it. Those who are not authorized users but who, by the function of their job, will be close to CHRI or computer systems with access to CHRI will be supervised by an authorized user. Employees who do not comply with state or federal laws or District policies or administrative guidelines will be subject to discipline, up to discharge. 

1.  Security with Separated Authorized Users
After an authorized user is separated from the District, that individual’s access to CHRI will be terminated within 24 hours. This includes, but is not limited to, returning keys, access cards, and ceasing access to digital CHRI.

a.  The Human Resources director or designee must notify the LASO of the effective termination date of a user’s employment by written email communication no later than 24 hours after the termination date.
b.  The Human Resources director or designee will require the return of any keys, access cards, files, and other related items.
c.  The LASO must ensure that access to the District’s digital CHRI records system is disabled and the user’s CHRISS account is deactivated.

2.  Security with Transferred Authorized Users
When an authorized user is transferred or reassigned, the LASO will take steps necessary to block that individual’s access to CHRI within 24 hours, unless the LASO determines that the individual must retain access.

C.  Media Protection
Authorized users may only access CHRI on authorized devices, which does not include a personally owned mobile device, cell phone, computer, or other technology, consistent with specific terms and conditions, for access. All CHRI (including digital media) will be maintained in a physically secure location or controlled area. A physically secure location or controlled area will (1) be locked whenever an authorized user is not present or supervising and (2) limit access to unauthorized users. An authorized user accessing CHRI must position the media to prevent unauthorized users from accessing or viewing CHRI. Physical CHRI will be stored in a locked filing cabinet, safe, or vault. Digital CHRI will be encrypted consistent with FBI CJIS Security Policy. If digital CHRI is stored on a storage device without encryption, it must be stored like physical CHRI. 

CJI and information system hardware, software and media are located and processed in the Administration Building, located at 35100 Little Mack, Clinton Township.

1.  Media Transport
The LASO must approve all CHRI media transportation and will not grant approval unless transportation is reasonably justified. The LASO or LASO’s designee will transport CHRI, which must be secured during transport. Physical CHRI must remain in the physical presence of authorized personnel until it is delivered. Physical CHRI must be transported in a sealed, locked, or secured medium and digital CHRI must be encrypted, and if not, secured in the same fashion as physical CHRI. 
2.  Media Disposal/Sanitization
CHRI media will be stored and retained for the duration required by law. Disposal must be made with the written approval of the LASO and the Superintendent. Only authorized users may dispose of CHRI media. Physical media will be cross-cut shredded or incinerated. Digital media must either be overwritten at least three (3) times or degaussed, passing a strong magnet over the media, before disposal or reuse. The LASO will keep written records (date and authorized user’s signature) of CHRI media destroyed and the process for destroying or sanitizing CHRI media for ten (10) years.
3.  Passwords
When the LASO assigns a unique password to an authorized user, it must have the following attributes:

a.  at least eight (8) characters;
b.  not consisting of only a proper noun or word found in a dictionary;
c.  not similar or identical to the username;
d.  not be displayed while entered or transmitted outside of the physically secure location or controlled area;
e.  expires every ninety (90) days; and
f.  cannot be the same as the previous ten (10) passwords. 

4.  Security Awareness and Incident Response Training and Testing

a.  The District will provide all authorized users role-based security and privacy and incident response training consistent with the following roles, as applicable: 

i.  Basic Role: users with unescorted access to a physically secure location;
ii.  General Role: users with physical and logical access to CJI;
iii.  Privileged Role: information technology personnel including system administrators, security administrators, network administrators and other similar roles;
iv.  Security Role: users responsible for ensuring confidentiality, integrity, and availability of CJI and compliant implementation of technology with the Criminal Justice Information Services (CJIS) Security Policy (CJISSECPOL).

b.  The District will provide users with security awareness training about the user’s responsibilities and expected behavior when accessing CJI and the systems which process CJI, and on handling information security incidents as follows:

i.  for new users, prior to accessing CJI; and 
ii.  for all users annually about the user’s responsibilities and expected behavior when accessing CJI and the systems which process CJI, and on handling information security incidents;  
iii.  when required due to system changes; and
iv.  within 30 days of any security event for individuals involved in the event. 
c.  The LASO will keep a current record of all users who have completed training. 

5.  CHRI Dissemination
The District must maintain a record of any CHRI dissemination to another authorized agency for all dissemination outside the CHRISS system, consistent with the Revised School Code, which must include (1) date of release, (2) records released, (3) means of sharing, (4) District personnel who disseminated the CHRI, (5) whether authorization to disseminate was obtained, and (6) the agency to whom the CHRI was disseminated and (7) the recipient’s name. 

D.  Incident Handling, Monitoring, and Reporting

1.  In General
The District has established operational incident handling procedures for instances of an information security breach. The LASO will track CHRI security breach incidents and will report such incidents to the superintendent and MSP ISO using the MSP CJIS-016 reporting from. The District has provided specific incident handling capabilities for CHRI, consistent with the following table:

 

Capabilities	Physical – Hard Copy CHRI	Digital – Digitally Accessed/Saved CHRI
Preparation	The CHRI container will be locked at all times in the office in which it is stored. When office staff is not present, the office must be locked.	Firewalls, anti-virus protection, and anti-malware/spyware protection will be maintained.
Detection	Physical intrusions to the building will be monitored. Guardian Alarm will monitor for physical or unauthorized intrusions. The building must be locked at night.	Electronic intrusions will be monitored by the virus and malware/spyware detection.
Analysis	The LASO will work with police authorities to determine how the incident occurred and what data was affected.	The IT department will determine what systems or data were affected and compromised.
Containment	The LASO will lock uncompromised CHRI in a secure container or transport CHRI to a secure area.	The IT department will stop the spread of any intrusion and prevent further damage.
Eradication	The LASO will work with Clinton Township Police Department to remove any threats that compromise CHRI data.	The IT department will remove the intrusion before restoring the system. All steps necessary to prevent recurrence will be taken before restoring the system.
Recovery	Clinton Township Police Department will handle and oversee the recovery of stolen CHRI media. The LASO may contact MSP for assistance in re-fingerprinting, if necessary.	The IT department will restore the agency information system and media to a safe environment.

CHRI Security Breach Incident

When a CHRI security breach incident occurs, the following will take place:

A)  Notice: Personnel will notify the LASO immediately or no later than one hour after the incident was discovered.

B)  Secure Systems: The LASO or appointed authorized user will stop any unauthorized access, secure the media, and shut down the systems necessary to avoid further unauthorized exposure.

c.  Assessment: The LASO will determine whether notification to individuals is needed, assess the extent of harm, and identify any applicable privacy requirements. 
d.  Automated Reporting. Using automated mechanisms, such as email, website postings with automatic updates, and automated incident response tools, the LASO will report confirmed incidents to the CJIS Systems Officer (CSO), State Identification Bureaus Chief (SIB Chief), or Interface Agency Official.
e.  Supply Chain Coordination. The LASO will provide incident information to product or service providers or organizations involved in the supply chain or supply chain governance for systems or system components related to the incident.
f.  Records: The LASO or appointed authorized user will record all necessary information regarding the breach, the District’s response to the breach, and who was involved in taking response measures. 
g.  Coordination of Incident Handling and Contingency Planning: The LASO will coordinate incident handling activities with contingency planning activities and incorporate lessons learned from ongoing incident handing activities into incident response procedures, training, and testing implementing the resulting changes.
h.  Predictability: The LASO will ensure the rigor, intensity, scope, and results of incident handling activities are comparable and predictable across the organization.
i.  Review of Policy/Procedures: The LASO will review and update information security policy/procedures at least annually and after security incidents involving CHRI.
j.  Legal Action: When such incident results in legal action (either civil or criminal) against a person or the District, the local law enforcement agency shall be contacted to collect, retain, and present evidence, according to the evidentiary rules of the appropriate jurisdiction(s).

E.  Incident Response Support and Plan

1.  Response Support Resource: The District will provide a response support resource that offers advice and assistance to system users for handling and reporting incidents.
2.  Automation Support: The District will use automated mechanisms, such as access to a website or to an incident response vendor, to increase availability of incident response information and support.
3.  Incident Response Plan: The District will develop an incident response plan that:

a.  provides a roadmap for implementing incident response capability;
b.  describes the structure and organization of incident response capability;
c.  provides high-level approach for how incident response capability fits into overall organization;
d.  meets unique requirements of the District related to mission, size, structure and functions;
e.  defines reportable incidents;
f.  provides metrics for measuring District incident response capability;
g.  defines resources and management support needed to effectively  maintain and mature an incident response capability;
h.  addresses sharing of incident information;
i.  is reviewed and approved by the superintendent  annually; and
j.  explicitly designates responsibility for incident response to District personnel with incident reporting responsibilities and CSO or CJIS WAN Official.

4.  Incident Response Plan Management: The District will:

a.  distribute the incident response plan to personnel with incident handling responsibilities;
b.  update the incident response plan to address system and organizational changes or problems during plan implementation, execution or testing;
c.  communicate incident response plan changes to District personnel with incident handing responsibilities; and
d.  protect the incident response plan from unauthorized disclosure and modification.

5.  Incident Response Plan Breaches: The District will include in the incident response plan for breaches involving personally identifiable information:

a.  process to determine if notice to individuals or organization is needed; 
b.  assessment process to determine extent of harm, embarrassment, inconvenience, or unfairness to affected individuals and any mechanism to mitigate such harms; and 
c.  identification of applicable privacy requirements.

F.  Audit and Accountability

1.  The District develops, documents, and disseminates to organizational personnel with audit and accountability responsibilities: 

a.  agency and system-level audit and accountability policy 

i.  addresses purpose, scope, roles, responsibilities, management commitment, coordination among organization entities, and compliance; and 
ii.  is consistent with applicable laws, executive orders, directives, regulations, policies, standards, and guidelines

b.  procedures to facilitate the implementation of the audit and accountability policy and the associated audit and accountability controls.

2.  The District reviews and updates the current audit and accountability policy and procedures annually and following any security incidents involving unauthorized access to CJI or systems used to process, store, or transmit CJI.
3.  The District identifies the types of events that the system is capable logging in support of the audit function and coordinates the event logging function with other organizational entities requiring audit-related information to guide and inform the selection criteria for events to be logged.
4.  The District specifies certain event types for logging within the system, provides rationale for the adequacy of the event types selected for logging, and annually reviews and updates the selected event types.
5.  The District ensures that audit records contain information that establishes the following:

a.  What type of event occurred;
b.  When the event occurred;
c.  Where the event occurred;
d.  Source of the event;
e.  Outcome of the event; and
f.  Identity of any individuals, subjects, or objects/entities associated with the event.
6.  The District generates audit records containing the following information:
a.  Session, connection, transaction, and activity duration;
b.  Source and destination addresses;
c.  Object or filename involved; and
d.  Number of bytes received and bytes sent (for client-server transactions) in the audit records for audit events identified by type, location, or subject.

7.  The District limits personally identifiable information contained in audit records to the minimum PII necessary to achieve the purpose for which it is collected. 
8.  The District allocates audit log storage capacity to accommodate the collection of audit logs to meet retention requirements.
9.  The District alerts organizational personnel with audit and accountability responsibilities and system/network administrators within one (1) hour in the event of an audit logging process failure and restarts all audit logging processes and verifies that systems are logging properly.
10.  The District reviews and analyzes system audit records weekly and reports findings of potential or actual inappropriate or unusual activity to those with the relevant responsibilities.
11.  The District adjusts the level of audit record review, analysis, and reporting within the system based on changes in input from law enforcement or intelligence agencies.
12.  The District integrates audit record review, analysis, and reporting processes using automated mechanisms.
13.  The District analyzes and correlates audit records across different repositories to gain organization-wide situational awareness.
14.  The District provides and implements an audit record reduction and report generation capability that both supports on-demand audit record review, analysis, and reporting requirements and after-the-fact investigations or incidents; and does not alter the original content or time ordering of audit records.

G.  Access Control Policy 

1.  The District will develop, document, and disseminate to personnel with access control responsibilities: 

a.  Agency-level access control policy that:

i.  addresses purpose, scope, roles, responsibilities, management commitment, coordination among organizational entities, and compliance;
ii.  is consistent with applicable laws, executive orders, directives, regulations, policies, standards, and guidelines.

b.  Procedures to facilitate implementation of the policy and the associated access controls.

2.  The LASO will:

a.  manage the development, documentation, and dissemination of the access control policy and procedures; and
b.  review and update the access control policy annually and following any security breaches; 

H.  Account Management 

i.  The District will:

a.  define and document the types of accounts allowed and specifically prohibited for use within the system;
b.  prohibit use of personally-owned information systems, including mobile devices (i.e., bring your own device [BYOD]), and publicly accessible systems for accessing, processing, storing, or transmitting CJI;
c.  assign account managers;
d.  require conditions for group and role membership;
e.  specify authorized users of the system, group and role membership, and access authorizations (i.e., privileges) and attributes listed for each account;
f.  at least annually, review accounts for compliance with account management requirements;
g.  establish and implement process for changing shared or group account authenticators (if deployed) when individuals are removed from the group; and
h.  align account management processes with personnel termination and transfer processes.

I.  Access Enforcement 

1.  The District will:

a.  enforce approved authorization for logical access to information and system resources will be enforced in accordance with applicable access control policies; and
b.  provide automated or manual processes to enable individuals to access elements of their personally identifiable information.

J.  Information Flow Enforcement

1.  The District will enforce approved authorizations for controlling the flow of information within the system and between connected systems by preventing CJI from being transmitted unencrypted across the public network, blocking outside traffic that claims to be from within the District, and not passing any web requests to the public network that are not from the District-controlled or internal boundary protection devices.

K.  Separation of Duties 

1.  The District will:

a.  identify and document separation of duties based on specific duties, operations, or information systems, as necessary to mitigate risk to CJI; and
b.  define system access authorizations to support separation of duties.

L.  Least Privilege

1.  The District will allow only authorized accesses for users (or processes acting on behalf of users) that are necessary to accomplish assigned organizational tasks.
2.  The District will:

a.  authorize access for personnel including security administrators, system and network administrators, and other privileged users with access to system control, monitoring, or administration functions (e.g., system administrators, information security personnel, maintainers, system programmers, etc.) to:

i.  established system accounts, configured access authorizations, set events to be audited, set intrusion detection parameters, and other security functions; and
ii.  security-relevant information in hardware, software, and firmware.

b.  require users of system accounts (or roles) with access to privileged security functions or security-relevant information (e.g., audit logs), use non-privileged accounts or roles, when accessing non-security functions;
c.  restrict privileged accounts on the system to privileged users;
d.  review annually the privileges assigned to non-privileged and privileged users to validate the need for such privileges;
e.  reassign or remove privileges, if necessary, to correctly reflect organizational mission and business needs; and
f.  log the execution of privileged functions.

M.  Unsuccessful Logon Attempts 

1.  The District will enforce a limit of five (5) consecutive invalid logon attempts by a user during a 15-minutes time period, and automatically lock the account or node until released by an administrator when the maximum number of unsuccessful attempts is exceeded. 

N.  System Use Notification (required when access via logon interfaces with human users) 

1.  A system use notification message will be displayed to users before granting access to the system that provides privacy and security notices consistent with applicable laws, executive orders, directives, regulations, policies, standards, and guidelines stating that:

a.  users are accessing a restricted information system;
b.  system usage may be monitored, recorded, and subject to audit;
c.  unauthorized use of the system is prohibited and subject to criminal and civil penalties; and
d.  use of the system indicates consent to monitoring and recording.
2.  The notification message or banner will be retained on the screen until users acknowledge the usage conditions and take explicit actions to log on to or further access to the system; and

3.  For publicly accessible systems, before the District grants further access to publicly accessible systems:

a.  system use information consistent with applicable laws, executive orders, directives, regulations, policies, standards, and guidelines will be displayed;
b.  references, if any, to monitoring, recording, or auditing that are consistent with privacy accommodations for such systems that generally prohibit those activities will be displayed; and.
c.  a description of the authorized users of the system will be included.

O.  Device Lock and Session Termination: 

1.  The device lock will conceal information previously visible on the display with a publicly viewable image.
2.  Further access to the system will be prevented by initiating a device lock after a maximum of 30 minutes of inactivity.
3.  Users must log out when a work period has been completed.
4.  Users must initiate a device lock before leaving the system unattended.
5.  The device lock will be retained until the user reestablishes access using established identification and authentication procedures. 

P.  Remote Access.

i.  The District establishes and documents usage restrictions, configuration/connection requirements, and implementation guidance for each type of remote access allowed.
ii.  The District authorizes each type of remote access to the system prior to allowing such connections.
iii.  The District employs automated mechanisms to monitor and control remote access methods.

4.  The District implements cryptographic mechanisms to protect the confidentiality and integrity of remote access sessions. 

5.  The District routes remote access through authorized and managed network access control points.
6.  The District authorizes the execution of privileged commands and access to security-relevant information via remote access only in a format that provides assessable evidence and for compelling operational needs.
7.  The District documents the rational for remote access in the security plan for the system.

Q.  Wireless Access. The District:

1.  establishes configuration requirements, connection requirements, and implementation guidance for each type of wireless access;
2.  authorizes each type of wireless access to the system prior to allowing such connections;
3.  protects wireless access to the system using authentication of authorized users and agency-controlled devices, and encryption; and
4.  disables wireless networking capabilities embedded within system components prior to issuance and deployment when not intended for use.

R.  Access Control for Mobile Devices. The District:

1.  establishes configuration requirements, connection requirements, and implementation guidance for organization-controlled mobile devices, to include when such devices are outside of controlled areas;
2.  authorizes the connection of mobile devices to organizational systems; and 
3.  employs full-device encryption to protect the confidentiality and integrity of information on full-and limited-feature operating system mobile devices authorized to process, store, or transmit CJI.

S.  Use of External Systems.

1.  The District permits authorized individuals to use an external system to access the system or to process, store, or transmit organization-controlled information only after:

a.  verification of implementation of controls on external system as specified in the District’s security and privacy policies and security and privacy plans; or
b.  retention of approved system connection or processing agreements with the organizational entity hosting the external system.

2.  The District restricts the use of District-controlled portable storage devices in external systems including how the devices may be used and under what conditions the devices may be used. 

T.  Information Sharing. The District:

1.  enables authorized users to determine whether access authorizations assigned to a sharing partner match the information’s access and use restrictions as defined in an executed information exchange agreement; and
2.  employs attribute-based access control or manual processes as defined in information exchange agreements to assist users in making information sharing and collaboration decisions. 

U.  Identification and Authentication (IA)  (CJISSECPOL 5.6)
V.  Physical and Environmental Protection (CJISSECPOL 5.9)
W.  Systems and Communications Protection (CJISSECPOL 5.10)
X.  System and Services Acquisition (CJISSECPOL 5.14)
Y.  System and Information Integrity (CJISSECPOL 5.15)
Z.  Maintenance (CJISSECPOL 5.16)
AA.  Planning (CJISSECPOL 5.17)
BB.  Contingency Planning (CJISSECPOL 5.18)
CC.  Risk Assessment (CJISSECPOL 5.19)
 
Date adopted: 11/25/24
Date revised:

Series 4000: District Employment
4200 Employee Conduct and Ethics
4206 Employment Contracts

Professional Staff, Administrators/Supervisors, and the Superintendent, as defined in Policies 4401, 4501, and 4601, will be employed pursuant to an individual employment contract and any applicable collective bargaining agreement. Non-Exempt Staff, as defined in Policy 4301, will be employed at-will unless an applicable collective bargaining agreement or individual employment contract specifies another standard of employment security.

Employment contracts will comply with applicable laws and regulations. The President or Superintendent or designee, as applicable, should consult with Board legal counsel about contract terms and requirements to ensure compliance with state and federal law.

A.  Authority
The President is authorized to execute the Superintendent's contract on behalf of the Board upon Board approval of the contract. Teacher contracts must be approved by the Board and signed on behalf of the District by a majority of the Board, the President and Secretary, or the Superintendent or designee. The Superintendent is authorized to execute employment contracts for Non-Exempt Staff and temporary and substitute employees on the Board’s behalf or upon Board approval, where necessary.
B.  General Requirements
Individual employment contracts required or permitted under this Policy may contain at least the following, as applicable to the category of employment:

1.  employee name;
2.  term of employment;
3.  annual salary or hourly rate;
4.  merit pay and annual evaluation for teachers and required administrator;
5.  job title;
6.  number of work days and general hours of work;
7.  certification and licensing requirements;
8.  benefits (health insurance, leave time, etc.);
9.  reduction in force and recall;
10.  discipline, discharge, and transfer during the contract term;
11.  a provision prohibiting an Administrator from engaging in conduct involving moral turpitude and a provision allowing the Board to void the contract if the Administrator violates the moral turpitude provision;
12.  date and employee signature;
13.  date and signature of authorized District representative;
14.  an appeal process concerning the evaluation process and rating received as required by Revised School Code Sections 1249 (K-12 certified teachers of record) and 1249b (instructional administrators and the Superintendent); and
15.  other terms as necessary to serve the District’s interests or that are legally required.

C.  Specific Requirements
Professional Staff, Administrator, and Superintendent contracts must comply with the following, as applicable:

1.  Superintendent
The contract term will not exceed 5 years, as required by Revised School Code Section 1229.
2.  Administrators
For Administrators subject to Revised School Code Section 1229, the contract term will not exceed 3 years and the contract will automatically terminate if the Administrator does not hold the required certification. The Administrator will not have tenure in the administrative position.
The Superintendent or designee will ensure that Administrator contracts are consistent with any applicable collective bargaining agreement. The term “Administrator” includes instructional Supervisors and Directors.
3.  Non-Instructional Supervisors or Directors
Unless otherwise required by law, Non-Instructional Supervisors or Directors are not required to hold an Administrator certificate and may be subject to an individual employment contract for up to 3 years.
4.  Professional Staff
The Superintendent or designee will ensure that all Professional Staff contracts are consistent with any applicable collective bargaining agreement. Individual teacher contracts will comply with Revised School Code Section 1231. If a teacher seeks appointment to an extracurricular position, the District may enter into a separate written contract for the extracurricular position.

D.  Collective Bargaining Agreements
The Board, with the Superintendent or designee, will determine who will represent the Board in labor negotiations. The designated negotiator(s) may sign tentative agreements during bargaining; however, the final agreement is subject to ratification by the Board. Collective bargaining agreements may be reviewed by legal counsel before bargaining begins.

Legal authority:  MCL 380.11a(3), 380.601a(1), 380.623(1)(b), 380.634, 380.1229, 380.1231, 380.1246, 380.1249, 380.1249b
Date adopted: 10/23/23
Date revised: 11/25/24

 Series 4000: District Employment
 4200  Employee Conduct and Ethics
 4207  Third-Party Contracting of Non-Instructional Support Services

This Policy must be implemented consistent with Policy 1101. Unless prohibited because of a collective bargaining agreement and to the maximum extent permitted by law, the Board or designee may contract with third parties as determined by the Board.
Any selected third-party contractor must fully comply with Policies 2202 and 4205(C).

Legal authority:  MCL 380.11a(3)
Date adopted: 3/18/24
Date revised: 11/25/24

Series 4000: District Employment
4200 Employee Conduct and Ethics
4209 Abortion Referrals and Assistance

A District official, Board member, or District employee shall not refer a student for an abortion or assist a student with obtaining an abortion. This prohibition does not apply to a person who is the Parent of that student.

Legal Authority:  MCL 380.11as
Date Adopted: 11/25/24
Date Revised:

Series 4000: District Employment
4200 Employee Conduct and Ethics
4210 Drug and Alcohol Free Workplace; Tobacco Product Restrictions

A.  General
Employees serve as role models to students at school and in the community. Employee substance abuse constitutes a threat to the physical and mental well-being of employees and students and significantly impedes job performance and effectiveness.
The District maintains a drug and alcohol free workplace. In addition, to the extent permitted by law, the District strives to maintain a tobacco product free workplace. 

B.  Definitions

1.  “Illicit substance” means any consumable alcohol; illegal drugs, including but not limited to those substances defined as “controlled substances” pursuant to federal or state law; marihuana; anabolic steroids, human growth hormones or other performance-enhancing drugs; and substances purported to be illegal, abusive, or performance-enhancing (i.e., “look-alike” drugs). This definition also includes any other substance used by an employee as an intoxicant.
2.  “District premises” means District buildings, facilities, or other District property which is owned, leased, or used for a District purpose or District-owned vehicles or vehicles used for a District purpose.
3.  “District purpose or function” means a District-sponsored or District-approved activity, event, function or other activity performed by an employee under the District’s jurisdiction, which is within the scope of employment, duties, or job description.
4.  “Tobacco product” means a form of tobacco intended to be inhaled, chewed, or placed in a person’s mouth.
5.  “Under the influence” means the use or misuse of an illicit substance or other intoxicant (including over-the-counter and prescription medication) by an employee that in any degree impairs, negatively affects, or tends to deprive that person of any physical or mental capacity normally possessed and required to perform job responsibilities.
6.  “Reasonable suspicion” means specific, contemporaneous, and articulable observations concerning an employee’s behavior, speech, appearance, and odor that suggests the employee is under the influence of an illicit substance.

C.  Standards of Conduct
Employees are prohibited from the following conduct on District premises or at a District function:

1.  manufacturing, selling, soliciting, possessing, using (including application, injection, inhalation, or ingestion), dispensing, or distributing any illicit substance;
2.  being under the influence as defined in this Policy;
3.  misusing over-the-counter and prescription medications;
4.  manufacturing, selling, soliciting, dispensing, or distributing any tobacco product; or
5.  using a tobacco product on District premises, except:

a.  at outdoor areas including, but not limited to, an open-air stadium, on Saturdays, Sundays, and other days on which there are no regularly scheduled school hours, or 
b.  after 6 p.m. on days during which there are regularly scheduled school hours;
Violating these standards will subject an employee to discipline, including discharge.
If a reasonable suspicion exists that an employee is under the influence, the Superintendent or designee may direct the employee to submit to a drug test or breathalyzer. If the employee refuses, the employee may be subject to discipline, including discharge, based on the District’s observations.

D.  Reporting Requirements for Transportation Employees Subject to Omnibus Transportation Employee Testing Act
An employee subject to the Omnibus Transportation Employee Testing Act must notify the Superintendent or designee of any criminal drug conviction for a violation occurring in the workplace no later than 5 calendar days after that conviction. Upon receiving notice of an employee’s conviction of a criminal drug violation occurring in the workplace, the Board or designee must take appropriate action within 30 calendar days.

Legal authority:  20 USC 7101 et seq.; 41 USC 8101 et seq.; 42 USC 12101 et seq.; Schedules I-V of Chapter 13 of the Controlled Substances Act, 21 USC 812; 29 USC 701 et seq.; MCL 37.1211; Schedules 1-5 of the Michigan Uniform Controlled Substances Act, MCL 333.7201 et seq.; MCL 380.11a, 380.601a; MCL 436.1101 et seq.; MCL 750.473.
Date adopted: 10/23/23
Date revised:

Series 4000: District Employment
4200 Employee Conduct and Ethics
4211 Alcohol and Controlled Substances for Transportation Employees Subject to the Omnibus Transportation Employee Testing Act

A.  General
Employees subject to the Omnibus Transportation Employee Testing Act, as amended (OTETA), must be mentally and physically alert at all times while on duty. This Policy establishes an alcohol and controlled substances testing program for such District employees (both regular and substitute) who perform safety-sensitive functions as mandated by OTETA.
The Superintendent or designee will comply with OTETA and implement an alcohol and controlled substances testing program consistent with OTETA.

B.  Definitions

1.  “Controlled Substance” means any drug or substance, the possession or use of which is prohibited under federal or state law, or any drug that is being used illegally (e.g., a prescription drug that was not legally obtained or not used for its intended purposes or in its prescribed quantity). For purposes of this Policy, marihuana is a Controlled Substance.
2.  “Covered Employee” means an employee (including a substitute) who operates or maintains a commercial motor vehicle in interstate or intrastate commerce and is subject to the commercial driver’s license requirements.
3.  “Illegal Drug” means any drug or substance, including marihuana, the possession or use of which is unlawful pursuant to federal or state law or local ordinance.
4.  “Safety-Sensitive Function” means all tasks associated with the operation or maintenance of District vehicles.
5.  “While on Duty” means the time from which the Covered Employee begins to work or is required to be in readiness for work until the time the Covered Employee is relieved from work and all responsibility for performing work.

C.  Standards of Conduct
Compliance with conduct standards set forth in Policy 4210, as well as with this Policy’s testing procedures, is mandatory. Disciplinary sanctions, including discharge, may be imposed on a Covered Employee for violating this Policy.
Failure to comply with testing procedures by a Covered Employee includes:

1.  refusing to take a test, failing to appear to take a test, failing to provide a specimen or a sufficient specimen (absent adequate medical justification), failure to remain at the testing site until completion of the testing process, or failure to sign a test consent form;
2.  failure to cooperate in the testing process;
3.  in the case of direct observation or monitored collection of a Controlled Substances test, failure to permit observation or monitoring of the Covered Employee’s provision of a specimen; or
4.  engaging in evasive testing actions intended to compromise the validity of the test results, including switching, substituting, adulterating, or otherwise compromising test samples.

D.  Authorized Use of Prescription and Over-the-Counter Medication
A Covered Employee using a prescription that has been prescribed for the Covered Employee by a health care provider or an over-the-counter medication is responsible for being aware of any potential effects the medication may have on his/her ability to safely perform his/her duties.
E.  Consequences for Violating Standards of Conduct
After determining that a Covered Employee violated 1 or more of the conduct standards for alcohol or Controlled Substances, the Covered Employee will be:

1.  immediately removed from any duty which involves the performance of a Safety-Sensitive Function; and
2.  subject to discipline, including discharge.

F.  Voluntary Requests for Alcohol or Substance Abuse Evaluation, Counseling, or Treatment
A Covered Employee who voluntarily requests to participate in alcohol or substance abuse evaluation, counseling, or treatment through the District before being tested or being requested to be tested will be referred to a substance abuse professional to determine what assistance, if any, the Covered Employee needs in resolving problems associated with alcohol misuse or Controlled Substance use.
A request for evaluation, counseling, or treatment following the performance of a Safety-Sensitive Function will not preclude discipline for substantiated misconduct or other inappropriate behavior. The District will not impose a disciplinary sanction under this Policy solely because a Covered Employee has made a voluntary admission of alcohol or Controlled Substance abuse, consistent with the Policy.
The District will allow a Covered Employee who has self-identified as an abuser of alcohol or another substance sufficient opportunity to seek evaluation and treatment.

Where a Covered Employee has self-identified, the District will require that employee to undergo return-to-duty testing for alcohol and Controlled Substances and may also require follow-up testing.
The District is not required to pay for voluntary evaluation, counseling, or treatment; or to pay an employee for time spent in a voluntary evaluation, counseling, or treatment program.

G.  Testing for Alcohol or Controlled Substances
Alcohol or Controlled Substances testing will be administered as follows:

1.  Pre-Employment/Pre-Duty Testing
Before employment or the first time a Covered Employee performs a Safety-Sensitive Function, he/she must receive from a medical review officer a test result verified as negative. If a pre-employment test is positive or the pre-employment alcohol test result indicates a blood alcohol concentration of 0.02 or greater, the applicant will not be hired.
2.  Post-Accident Testing
As soon as practicable following an accident, but no later than 8 hours (alcohol test) or 32 hours (controlled substances test), testing will be conducted on each Covered Employee involved in the accident if the accident resulted in loss of human life or a citation was issued for a moving traffic violation arising from the accident. A Covered Employee who is subject to post-accident testing must remain readily available for testing or, if not available, will be deemed to have refused to submit to testing.
3.  Return-to-Duty Testing
A Covered Employee may be required to undergo testing with a verified negative result before returning to duty in compliance with OTETA.
4.  Follow-Up Testing
A Covered Employee identified by a substance abuse professional as needing assistance associated with alcohol misuse or use of a controlled substance, and who has returned to duty involving the performance of a safety-sensitive function, is subject to unannounced testing (consisting of at least 6 tests) over the first 12 months after the Covered Employee’s return to duty as directed by a substance abuse professional.
5.  Reasonable Suspicion Testing
A Covered Employee will undergo testing as a result of reasonable suspicion that the Covered Employee has violated the conduct standards for alcohol or Controlled Substances based on specific, contemporaneous, articulable observations about the appearance, behavior, speech, or body odors of the Covered Employee while, just before, or just after performing a Safety-Sensitive Function.
The supervisor or person who made the reasonable suspicion determination shall not conduct the test on the Covered Employee.
A written record of the observations leading to a reasonable suspicion test must be made and signed by the supervisor or person who made the observations. This record must be made within 24 hours after the observed behavior or before the results of the test are released, whichever is earlier.
6.  Random Testing
Each year, random testing will be used at the rate of 20% (alcohol) and 50% (controlled substances) of the average number of active Covered Employees subject to testing.

H.  Recordkeeping
The District will maintain a Covered Employee’s alcohol or controlled substance testing records and results separate from the employee’s personnel file in a secure location with restricted access. Record retention will be for periods and in a manner required by applicable federal regulation.

I.  Confidentiality
Except as expressly authorized by law or regulation, neither the District nor any person or agency contracting with the District for alcohol or controlled substance testing services will release information about a Covered Employee’s test results without the Covered Employee’s written consent.

J.  Dissemination
The Superintendent or designee is responsible for distributing this Policy and other educational materials pertinent to federal regulations to all Covered Employees. These materials will include:

1.  the categories and classifications of District employees who are Covered Employees subject to this Policy;
2.  the identity of those persons designated by the District to answer questions about this Policy and applicable regulations;
3.  information about the Safety-Sensitive Functions performed by Covered Employees to make clear what period of the work day the employee must be in compliance with this Policy and applicable regulations;
4.  specific information about conduct prohibited by the Policy and applicable regulations;
5.  identification of the circumstances under which a Covered Employee will be tested for alcohol and/or Controlled Substances;
6.  identification of the procedures that will be used to test for alcohol and Controlled Substances, to protect a Covered Employee, to safeguard the validity of test results, and to ensure that those results are attributed to the correct employee, including post-accident information and procedures;
7.  a requirement that Covered Employees submit to alcohol and Controlled Substances testing, together with an explanation of what constitutes a refusal to submit to alcohol or Controlled Substances testing and the attendant consequences to the Covered Employee;
8.  identification of the consequences for a Covered Employee’s violation of this Policy, including removal from performing safety sensitive functions;
9.  identification of the consequences for a Covered Employee found to have an alcohol concentration of .02 or greater but less than .04;
10.  information about the effects of alcohol and Controlled Substances use on a person’s health, including signs and symptoms of alcohol or Controlled Substances abuse and available methods of intervention;
11.  the requirement that identified personal information collected and maintained by the District to implement this Policy and applicable regulations will be reported as required by law; and
12.  information about additional District Policies (including Policy 4210) on the possession and use of alcohol and Controlled Substances, including the consequences for violation of those Policies. The information will indicate that additional Policies are based upon the District’s authority independent of federal regulations requiring alcohol and Controlled Substances testing of Covered Employees.

The Superintendent or designee shall ensure that each Covered Employee signs a statement certifying receipt of this Policy and the above materials.

Legal Authority:  49 USC 31301 et seq., and its promulgated regulations; MCL 257.1849; MCL 380.11a, 380.601a
Date adopted: 10/23/23
Date revised:

Series 4000: District Employment
4200 Employee Conduct and Ethics
4213 Anti-Nepotism

A.  General
Employment decisions motivated by nepotism, as defined below, are prohibited to avoid conflicts of interest, favoritism, and lost productivity. Employment decisions will be based on qualifications, experience, and other legitimate business reasons. This Policy applies to all categories of employment including regular, temporary, and part-time classifications.

B.  Definitions

1.  “Nepotism” means favoritism in the workplace based on a relationship with a relative or significant other.
2.  “Relative” means a spouse, child, Parent, sibling, grandparent, grandchild, aunt, uncle, first cousin, niece, nephew, or corresponding in-law, step, or adopted relative.
3.  “Significant others” means (1) persons engaged to be married, (2) persons involved in a romantic or personal relationship, or (3) persons who are cohabitating.

C.  Employment Decisions
The District may employ relatives and significant others in the absence of nepotism. In making employment decisions, including hiring, placement, supervision, directing work, promoting, compensating, evaluating, and disciplining employees who are a relative or significant other, an employee should:

1.  disclose the existence of any relationships subject to this Policy to the Superintendent or designee;
2.  avoid conflicts of interest, as defined in Policy 4201, and any appearance of a conflict of interest; and
3.  avoid favoritism and any appearance of favoritism.

An employee’s relative or significant other should not be hired to work in any position in which the Board or designee concludes a conflict of interest or the appearance of a conflict of interest may exist. Relatives and significant others are permitted to work at the District provided one does not report directly to, supervise, evaluate, or manage the other. The Superintendent may make exceptions to this Policy when in the District’s best interest with Board approval.
Supervisors and subordinates who become relatives or significant others while employed may be subject to transfer, reassignment, or other action based on the need for compliance with this Policy.

Legal authority:  MCL 380.11a, 380.601a
Date adopted: 11/25/24
Date revised:

Series 4000: District Employment
4200 Employee Conduct and Ethics
4214 Outside Activities and Employment

A.  General
An employee’s duties to the District take precedence over other outside obligations while performing District duties or during work hours. An employee may not engage in other activities that adversely impact school employment or operation or that interfere with the employee’s duties.

Except as otherwise provided in these Policies, an employee may secure additional employment, participate in business ventures, and serve as a volunteer. Such activities must not interfere with an employee’s ability to carry out the employee’s responsibilities, to serve as a role model in the community, or adversely impact the District’s reputation.

Employees must communicate with a supervisor before engaging in outside activities where a conflict of interest (as defined in Policy 4201) or the appearance of a conflict of interest or impropriety may exist.

B.  Conduct Standards
Employees must fulfill their duties without conflict from outside employment or activities. Unless the Superintendent or designee grants written authorization, employees may not engage in the following outside activities:

1.  provide private services, lessons, tutoring, or coaching for students assigned to the employee for additional remuneration;
2.  conduct personal business during assigned duty hours;
3.  represent, either expressly or by implication, that the District sponsors, sanctions, or endorses a non-District related activity, solicitation, or other endeavor;
4.  sell, solicit, or promote the sale of goods or services to students or Parents when the employee’s relationship with the District is used to influence the sale or may be reasonably perceived as attempting to influence the sale;
5.  sell, solicit, or promote the sale of goods or services to employees over whom the employee has supervisory or managerial responsibilities in a manner that the subordinate employee could reasonably perceive as coercive;
6.  use employee, student, or Parent information in connection with the solicitation, sale, or promotion of goods or services or provide that information to any person or entity for any purpose; or
7.  use District personnel, facilities, resources, equipment, technology, property, or funds for personal financial gain or business activity.

C.  Intellectual Property
Intellectual property includes written or artistic works, instructional materials, textbooks, curriculum, software, inventions, procedures, ideas, innovations, systems, programs, or other work product created or developed by an employee in the course and scope of performing District employment duties or during work hours, or derivative to District intellectual property, whether published or not. Such intellectual property will be the exclusive property of the District. The District has the sole right to sell, copy, license, assign, or transfer any and all right, title, or interest in and to that intellectual property.

Legal authority:  17 USC 101 et seq.; MCL 15.321 et seq., 15.401 et seq.; MCL 380.11a, 380.601a, 380.1805(1)
Date adopted: 11/25/24
Date revised:

Series 4000: District Employment
4200 Employee Conduct and Ethics
4215 District Technology and Acceptable Use Policy

The Board provides students, employees, volunteers, and other authorized users access to the District’s technology resources, including its computers and network resources, for educational and other District purposes, in a manner that encourages responsible use. Any use of technology resources that violates federal and state law is prohibited.

Employees have no expectation of privacy when using the District’s technology resources. Information and records on the District’s network may be subject to disclosure under the Freedom of Information Act, and the District may monitor or access employees’ electronic files, as deemed necessary.

Employees must not use District technology resources to record students, Parents, or District personnel or to record a non-public meeting, unless performed for a legitimate educational purpose. The recording must be authorized by a supervisor or Policy. Unauthorized recording or dissemination of a recording may be subject to discipline, including discharge.

Employees must not use a password other than their own to access District technology resources unless authorized by a supervisor. Employees must protect their password(s) from being used by others. An employee will be responsible for any misuse if the employee failed to adequately secure their password(s).

District technology resources are provided for District-related services. Employees must minimize personal use of District technology resources and are prohibited from using those resources when doing so interferes with the employee’s job responsibilities or District operations. 

Requests for District records must be promptly directed to the FOIA Coordinator under Policy 3501. Only authorized employees may disclose District records to third parties unless otherwise permitted by law.

Employees must not permit students to engage in non-instructional computer games, movies, videos, and activities during the work or school day, unless authorized by a supervisor.

Employees must not download unauthorized software or applications.

Employees must immediately notify the District’s technology department of any unauthorized access to, misuse of, or interference with the District’s technology resources.

Employees must abide by Policy 3116 pertaining to District Technology and Acceptable Use, including complying with the Children’s Internet Protection Act and executing an Acceptable Use Agreement.

Legal authority:  47 USC 254; MCL 397.606
Date adopted: 10/23/23
Date revised: 11/25/24

Series 4000: District Employment
4200 Employee Conduct and Ethics
4216 Personal Communication Devices

“Personal communication devices” include employee-owned cell phones, computers, tablets, or any other device that enables an employee to access the internet or engage in communications through an application, social media, or any other communication method. Employee use of personal communication devices during the work day, including school-sponsored activities, and to conduct school-related business, is limited as follows:

A.  except in emergencies, an employee’s use of personal communication devices shall not interfere with instructional activities or work-related duties. Employees taking an authorized break may use personal communication devices in a manner that does not disrupt the District’s operations or violate the confidentiality of students or others;
B.  employees shall not use personal communication devices to access inappropriate content or engage in unlawful activities while on duty, on District property, or attending a District-related event;
C.  employees must not use personal communication devices to inappropriately communicate with other employees, students, and parents;
D.  employees must ensure that the District’s records and files, including confidential student information, are only maintained on District-provided technology and that confidentiality is maintained. District records and files must not be stored on a personal communication device;
E.  employees recognize that when a personal communication device accesses the District’s network, the employee’s use may become subject to the District’s Acceptable Use Policy;
F.  employees may not use their personal communication devices to record communications or images during the work or school day or at a school-sponsored event other than a public performance or sporting event, unless the employee has received permission from the Superintendent or designee. Dissemination of any recording is prohibited unless the Superintendent or designee approves that action in writing; or
G.  unauthorized recording of communications or images of students, parents, co-workers, or non-public meetings is prohibited and may result in discipline, including discharge.

Legal authority:  MCL 380.11a(3), 380.601a
Date adopted: 10/23/23
Date revised: 11/24/25

Series 4000: District Employment
4200 Employee Conduct and Ethics
4217 Social Media

Employee use of social media while on District property, during work hours, or while using District-owned devices must not interfere with District educational purposes or work performance and must not be used in any manner that violates this Policy, Policy 4201, or federal or state law.

“Social media” refers to any publicly accessible internet-based service that enables a user to share communications, images, or videos with others or participate in social networking. Social media includes blogs and social networking sites.
While using social media on or off duty, an employee must:

A.  not engage in criminal activity;
B.  make clear that the employee’s views or endorsement of political candidates and political parties are their own, not the District’s, as applicable;
C.  refrain from using a District email address to register on social networks, blogs, or other online tools for personal use;
D.  engage in appropriate communications with students, Parents, and District stakeholders and community members;
E.  maintain student privacy and not disclose confidential student information;
F.  report to the appropriate administrator(s) any behavior or activity which endangers student or staff security, safety, or welfare; and
G.  refrain from engaging in behavior that disrupts or adversely impacts the efficacy of the District’s operations.

Employee use of social media in violation of this Policy detracts from the District’s educational mission, adversely impacts the District, and may result in discipline, including discharge.

Legal authority:  MCL 380.11a(3), 380.601a
Date adopted: 11/25/24
Date revised:

Series 4000: District Employment
4200 Employee Conduct and Ethics
4218 Employee Dress and Appearance

Employee attire conveys an important image to students and the community. Employees must maintain professional dress and appearance, including appropriate hygiene, cleanliness, and grooming.

Employees must, at a minimum, dress in accordance with the student dress code.

A.  Administrators, Professionals, Paraprofessionals, and Office Employees
Administrators, professionals, paraprofessionals, and office employees must dress in business casual attire except as otherwise appropriate to their individual assignments. Attire must not distract other employees or students from the learning environment or pose a safety risk. Employees shall not dress in a manner that expresses partisan or political speech unless expressly permitted by law, a collective bargaining agreement, or approved in writing by a building administrator. 
The building administrator may temporarily suspend all or a portion of the dress code when other factors support a lower dress expectation for employees (e.g., designated “casual days” or “spirit days”).

B.  Food Service, Custodial, Maintenance, Mechanic, and Transportation Employees
Subject to any applicable collective bargaining agreement, food service, custodial, maintenance, mechanic, and transportation employees must dress in attire appropriate to the work the employee is performing and will not pose a safety risk to the employee or others.

Closed-toe shoes are required. Steel-toed shoes may be required for custodians, maintenance, and mechanics. The District reserves the right to require uniform clothing as may be appropriate.

C.  Enforcement
The Superintendent or designee has the discretion to make determinations about appropriate staff dress and appearance. Any violation of this Policy may result in discipline, including discharge.

Date adopted:  10/23/23
Date revised:

Series 4000: District Employment
4200 Employee Conduct and Ethics
4219 Attendance

This policy outlines the procedures for handling employee absences and tardiness to be used by any employee who is not in a collective bargaining unit or whose collective bargaining agreement is silent on the issue. Consistent with any applicable collective barging agreements or individual employment contracts, all employees must report absences as required by policy or supervisor direction. By ensuring that all employees know what is expected of their attendance, Clintondale Community Schools can promote efficient operation and minimize unscheduled absences to ensure the academic success of our students.

1.  General Attendance Expectations

●  Punctual, consistent, and regular attendance is a mandatory provision of employment at Clintondale Community Schools. Employees are expected to report to work on time and remain present for their scheduled work hours. Late arrivals, early departures, and other absences will not be acceptable and disciplinary action may be taken at the discretion of the employee’s supervisor. Clintondale Community Schools realizes that there will be instances where a legitimate reason supports absence and will consider each specific situation. 

●  This section does not apply when absences are covered by the Family and Medical Leave Act (FMLA), leave provided as a reasonable accommodation under the Americans with Disabilities Act (ADA), or other forms of leave included in a collective bargaining agreement. These exceptions are described in separate policies. 

2.  Absences

●  An employee is absent when she/he fails to report to their position at the time they are scheduled to begin work. There are two types of absences:

○  Excused absences occur when ALL of the following conditions are met: 

■  The absence request is approved in advance by the employee's supervisor.
■  The employee has sufficient accrued personal leave days or another type of approved leave, to cover the absence.
■  The employee provides to his or her supervisor sufficient notice at least 48 hours in advance of the absence unless circumstances are such that prior notice is impossible or as set out in a bargaining unit member’s collective bargaining agreement. 

○  Unexcused absences occur when any of the conditions outlined above are not met. An unexcused absence counts as one occurrence for the purposes of discipline under this policy.

●  There are several types of absences that may be approved by the district, including sick leave, personal leave, family and medical leave, bereavement leave, and military leave. Each type of leave may have specific requirements and limitations. Employees should consult with their supervisor or human resources representative and consult the collective bargaining agreement or employment contract for more information and limitations for specific types of leave. 

●  Unless otherwise stated in the collective bargaining agreement, employees with three or more consecutive days of excused absences because of illness or injury must provide Clintondale Community Schools proof of physician's care and a fitness for duty release prior to returning to work.

●  Employees must take earned paid time off (PTO) for every absence unless otherwise allowed by company policy (e.g., leave of absence, bereavement, jury duty).

3.  Notification of Absence

●  If an employee is unable to attend work, must leave work early, or arrive late, a supervisor, principal, or HR office must be made aware of the absence as soon as possible. All absences MUST be reported in Aesop prior to the absence or on the day of absence.
●  Building secretaries or administrators will not log an employee’s absence in Aesop. If an employee does not log his/her absence in Aesop, the employee may be subject to disciplinary action.

4.  Work from Home

●  Working from home is strongly discouraged. Administrators may allow an employee to work from home if extreme circumstances exist and if the employee’s job duties can be completed from home. Administrators shall notify the Office of Human Resources if an employee has been given permission to work from home. CEA members will not be allowed to work from home in any circumstances. 

5.  Tardiness and Early Departures

●  All employees are expected to report to and leave their position in a punctual manner. If an employee is unable to report or return on time, the employee must inform his/her supervisor as soon as possible so that the supervisor may start to make the necessary arrangements. It should be noted that informing a supervisor does not excuse tardiness or absenteeism, which may lead to disciplinary actions. 

6.  Accumulated Absences

●  Accumulated absences, due to a variety of circumstances such as but not limited to sickness, personal reasons, or vacations, should not exceed the number of days allowed in each employee's contract or collective bargaining agreement. If an employee exceeds the number of days allocated and defined in the respective contracts and agreements, the employee is subject to lost pay, disciplinary action, and potential termination.

7.  Contract and Collective Bargaining Agreement (CBA) Stipulations

●  It is the employee's responsibility to be aware and knowledgeable of the exact stipulations covered under each employment contract/CBA. For example, if an employee’s CBA outlines that they cannot take a day off prior to or after a holiday, they must be aware of this. An employee who violates the terms of his/her contract or CBA may be disciplined. Contracts and CBAs can be found online on the Clintondale Community Schools website. 

8.  Job Abandonment

●  Any employee who misses three days of work without having gone through the procedures to properly notify and communicate with his/her supervisor will be considered to have abandoned his/her position and may be subject to termination. Such termination will be considered a voluntarily termination of the employment relationship. 

At the discretion of Clintondale Community Schools, this attendance policy is subject to change at any time with notice. It is the responsibility of all employees to remain informed. By adhering to the requirements of this policy, employees of Clintondale Community Schools will ensure an efficient and smooth work environment that provides the highest quality of service to each student and the community. 

Date adopted:  10/23/23
Date revised:

Series 4000: District Employment
4200 Employee Conduct and Ethics
4220 Use or Disposal of District Property

Employees are prohibited from using District property for personal use Employee use of District property will be consistent with Policies 3304 and 4214.

After use, District property must be immediately returned to the appropriate location or department. The property must be returned in the same condition it was in at the time of acquisition. The employee is responsible for the cost of repair or replacement if the employee negligently damages the District’s property.

Employees may not dispose of District property without the supervisor’s written approval. Employees may not take possession of discarded District property without written approval from the Superintendent or designee.

State law regulates the disposal, removal, or refusal to return District books, papers, or records. Retention and disposal of District books, papers, or records must conform with the State of Michigan’s Records Retention and Disposal Schedule for Michigan Public Schools.

An employee who violates this Policy may be subject to discipline, including discharge, and civil and criminal prosecution.

Legal authority:  MCL 380.11a(3), 380.601a; MCL 399.811; MCL 750.491
Date adopted:
Date revised:

Series 4000: District Employment
4200 Employee Conduct and Ethics
4221 Employee Search

As role models, employees must exercise sound judgment in their interactions with students, Parents, and members of the community and maintain a high degree of professionalism and objectivity. Employees must act within the scope of their respective duties and responsibilities.

A.  Curriculum, Instruction, and Controversial Topics
During instruction and discussion of controversial issues, employees must follow these guidelines:

1.  the issues discussed must be relevant to the curriculum and be part of a planned educational program;
2.  students and Parents must have free access to appropriate materials and information for analysis and evaluation of the issues;
3.  employees must allow discussion of a variety of viewpoints so long as that discussion does not substantially disrupt the educational environment;
4.  the topic and materials used must be within the students’ range, knowledge, maturity, and competence;
5.  employees must obtain pre-approval from the building principal before instructing students about sensitive or controversial issues; and
6.  employees must not advocate partisan causes, sectarian religious views, or self-propaganda of any kind during school or school-related functions. Employees may express a personal opinion as long as students are encouraged to reach independent decisions.
Employees who are unsure of their obligations must confer with their building principal or supervisor.

B.  Speech on Matters of Public Concern
The District respects and supports its employees’ right as citizens to exercise free speech in a responsible manner.
Free speech rights are not absolute and are subject to restriction when the employee is acting within the course and scope of their employment.

When speaking as a citizen on a matter of public concern, an employee must not make written, verbal, online, or nonverbal statements that cause a substantial disruption to the school environment, violate federal or state law, or otherwise violate these Policies. An employee’s right as a citizen to comment upon matters of public concern must be balanced against the District’s interest in promoting the efficiency of the public services it performs through its employees.
Employees do not speak on behalf of the District or a school unless specifically authorized by the Board or Superintendent.

Legal authority:  U.S. CONST. amend. I; Const 1963, art I, § 5
Date adopted: 11/25/24
Date revised:

Series 4000: District Employment
4200 Employee Conduct and Ethics
4225 Temporary Remote Work

The Board recognizes that in-person work is an essential function of school employment. The Superintendent or designee may, however, permit certain employee positions to work remotely on a temporary basis during a health or safety risk declared by a local, State, or federal governmental authority or in other extraordinary circumstances.

A.  When determining whether to permit a position to work remotely in an extraordinary circumstance, the Superintendent or designee may consider the following factors:

1.  The duties of the position;
2.  The need to protect and access confidential student, personnel, and financial information;
3.  The need to supervise, direct, or evaluate students or personnel; 
4.  The need to provide direct, physical services to students such as speech, physical, or occupational therapy;
5.  Working conditions outlined in the applicable collective bargaining agreement; and
6.  Other relevant factors as determined by the Superintendent or designee.

B.  If the District is providing in-person instruction, the following employees may not work remotely, unless required pursuant to Paragraph C below:

1.  Professional Staff;
2.  Administrators/Supervisors;
3.  Bus drivers; 
4.  Secretaries;
5.  Food service employees;
6.  Custodians;
7.  School nurses;
8.  Daycare workers; and
9.  Paraprofessionals.

C.  Notwithstanding anything to the contrary in this Policy, an employee with a disability may request remote work as a reasonable accommodation under Policy 4105.

Granting a request to perform work remotely shall be considered temporary and does not obligate the District to grant remote work as a continuing reasonable accommodation.

D.  This Policy shall not limit the District’s ability to determine the method of instruction to students or to provide instruction in the best interest of its students. The Board has the authority to determine whether students will receive instruction in-person, remotely, or through an alternative method.
 
Legal authority:  MCL 380.11a(3); 42 USC § 12101 et seq.
Date adopted: 10/23/23
Date revised:

Series 4000: District Employment
4200 Employee Conduct and Ethics
4227 Intentionally Left Blank

Series 4000: District Employment
4200 Employee Conduct and Ethics
4228 No Expectation of Privacy

Employees have no expectation of privacy in connection with their use of District property and equipment. The District reserves the right to search District property, equipment, and technology issued or provided for the employee’s use during the employee’s District employment, including but not limited to the employee’s office, desk, files, computer, or locker. Inspections may be conducted at any time at the District’s discretion. A search of an employee’s personal effects will comply with federal and state constitutional protections, laws, and regulations.

Legal Authority: U.S. Const, amend. IV
Date adopted: 11/25/24
Date revised:

Series 4000: District Employment
4200 Employee Conduct and Ethics
4229 Acceptable Use of Generative Artificial Intelligence

Employees may use Generative Artificial Intelligence (“Generative AI”) in the school setting in compliance with this Policy and applicable law.

A.  Definitions

1.  “Generative AI” means the class of AI models that emulate the structure and characteristics of input data in order to generate derived synthetic content. This may include images, videos, audio, text, and other digital content.
2.  “AI System” means any data system, software, hardware, application, tool, or utility that operates in whole or in part using AI.

B.  Acceptable Use
Employee use of Generative AI must be appropriate for the educational environment and in compliance with all applicable laws, including, but not limited to, the Family Educational Rights and Privacy Act, the Individuals with Disabilities Education Act, and the Children’s Internet Protection Act. Employees must also comply with applicable Board Policies when using Generative AI, including, but not limited to, policies on District technology and acceptable use, copyright protection, student records, unlawful harassment, discrimination, and employee ethics.

Employees must obtain prior approval from the Superintendent or designee before using Generative AI Systems for District-related purposes.

Employees must thoroughly review AI-generated material to ensure accuracy, relevance, and appropriateness. Employees may not rely solely on Generative AI to deliver instructional or work-related material. Employee use of Generative AI in the classroom must align with the Board-approved curriculum. 

C.  Training
Employees may receive training on the legal and ethical use of Generative AI and its integration into the curriculum.

D.  Violations
Violations of this policy may result in disciplinary action, up to and including discharge.

Legal Authority: 20 USC 1232g; 20 USC 1400 et seq.; 34 CFR 99; 47 CFR 54.520; 88 Fed Reg 75191 (October 30, 2023)
Date adopted: 11/25/24
Date revised:
 

Series 4000: District Employment
4300  Non-Exempt
4301  Definition

“Non-exempt staff” may include transportation, custodial, maintenance, food service, clerical, and paraprofessional employees and other employees who do not meet an exemption under the Fair Labor Standards Act or the Michigan Improved Workforce Opportunity Wage Act. The term does not include “exempt” professional staff, administrators, supervisors, or the Superintendent (as defined in Policies 4401, 4501, and 4601). Non-exempt staff are employed at-will and their employment may be altered or terminated at any time with or without cause, unless governed by a collective bargaining agreement or individual employment contract containing a different standard of employment security.

Legal authority:  29 USC 201 et seq.; MCL 380.11a(3), 380.601a; MCL 408.934a
Date adopted: 10/23/23
Date revised:

4300    Non-Exempt Staff
4303    Compensatory Time 

Intentionally Left Blank

Series 4000: District Employment
4300  Non-Exempt Staff
4304  Employee Timekeeping Responsibilities

Non-Exempt Staff must record all hours worked in compliance with District procedures. Non-Exempt Staff will be compensated for authorized recorded hours worked, including preliminary and subsequent work activities and overtime. Timekeeping records must reflect actual time worked to ensure accurate payment of wages.
Substantiated falsification or misrepresentation of hours worked may result in discipline, including discharge.

Legal authority:  29 USC 201 et seq.; MCL 408.471 et seq.
Date adopted: 10/23/23
Date revised:

Series 4000: District Employment
4300 Non-Exempt Staff
4305  Michigan Paid Medical Leave Act (MPMLA) 

Intentionally Left Blank
 

Series 4000: District Employment
4400  Professional Staff
4401  Definition

A.  General
Professional Staff primarily perform work that requires advanced knowledge or work that is intellectual in nature, consistent with the FLSA’s definition of “professional.” The Professional Staff member’s area of expertise is related to learning or comes from prolonged course of study, including teachers and Non-Teaching Professionals, but excluding Administrators/Supervisors (as defined under Policy 4501) and the Superintendent (as defined under Policy 4601).

B.  Teachers
Teachers are professional persons who provide or direct instruction to students and must be appropriately qualified and certified for the assigned teaching position, consistent with federal and state law and District Policies. Each teacher shall maintain required qualifications and certification as a condition of that teacher’s continued employment.

A classroom teacher employed by the District must: (1) have a valid Michigan teaching certificate or authorization to teach under the Revised School Code; and (2) be assigned by the District to deliver direct instruction to students as a teacher of record.

A teacher must promptly notify the Superintendent or designee, in writing, if the teacher’s certification or authorization expires, is revoked, or nullified. Failure to provide this written notice, whether willfully or negligently, may result in discipline, including discharge.

C.  Non-Teaching Professionals
Non-Teaching Professionals are “other Professional Staff” who are not teachers and who meet the professional exemption under the FLSA, such as counselors (i.e., those counselors who are not certified teachers), social workers, teacher consultants, behavior specialists, speech pathologists (i.e. who are not certified teachers), physical or occupational therapists, nurses, and psychologists. A Non-Teaching Professional is not required by law to hold a teaching certificate or authorization for the assigned duties. Each Non-Teaching Professional must be qualified and certified as required by the Board or federal and state law. Each Non-Teaching Professional must maintain those qualifications and certifications as a condition of that person’s continued employment.
A Non-Teaching Professional must promptly notify the Superintendent or designee, in writing, if the person’s certification, license, or endorsement expires, is revoked, or nullified. Failure to provide this written notice, whether willfully or negligently, may result in discipline, including discharge.

Legal authority:  29 USC 201 et seq.; MCL 38.81 et seq.; MCL 380.1231, 380.1233, 380.1233b, 380.1236, 380.1237
Date adopted: 10/23/23
Dated revised: 11/25/24

 Series 4000: District Employment
 4400  Professional Staff
 4402-R  Placement (Effective July 1, 2024)

This Policy must be implemented consistent with Policy 1101.

A.  Teacher as Defined by Revised School Code Section 1249
The appropriate placement of effective teachers is an essential component in promoting student academic growth, educational outcomes, and quality educational services. The Superintendent or designee may make teacher placement decisions at their discretion consistent with this Policy.

Placement includes, but is not limited to, assignment, transfer, or the filling of a position with current staff or newly hired teachers. For vacant positions see Paragraph C (Vacancy).

Placement does not include reduction in force or recall decisions governed by Policy 4405.

1.  Consistent with Revised School Code Section 1248, teacher placement decisions shall be based on the following clear and transparent factors:

a.  Staffing the curriculum with the most effective, certified, and qualified teachers to instruct the applicable courses, grades, and school schedule.
b.  Appropriate certification, approval, or authorization for all aspects of the assignment. The certification, approval, or authorization, as applicable, will be determined by the Revised School Code, MDE’s Teacher Certification Code, MDE's Rules for Special Education Programs and Services, and other applicable statutes and regulations.
c.  Teacher placement decisions must be made based on teacher effectiveness criteria established in Revised School Code Section 1249 and Policy 4403.
d.  Teacher placement decisions will be guided by the following criteria:

i.  Retaining the most effective teachers who are certified (or otherwise approved or authorized) and qualified to instruct the courses within the curriculum, academic level(s), and department(s).
ii.  Teachers must be properly certified, approved, or authorized for all aspects of their assignments. The teacher’s certification, authorization, or approval status will be:

A)  Determined by the Revised School Code, MDE’s Teacher Certification Code, MDE’s Rules for Special Education Programs and Services, and other applicable statutes and regulations; and

B)  Based on documentation on file with the Superintendent’s office.

1)  A teacher must maintain valid certification, approval, or authorization, as applicable, and is responsible for filing a copy of the certificate, approval, or authorization with the Superintendent’s office in compliance with Revised School Code Section 1532.
2)  If a teacher petitions for nullification of the teaching certificate or any endorsement, the teacher must promptly provide written notice of that petition to the Superintendent’s office.

iii.  In addition, teachers must be fully qualified for all aspects of their assignments, as determined by the Board, based on documentation on file with the Superintendent’s office, including:

A)  Compliance with applicable state or federal regulatory standards, including standards established as a condition to receipt of foundation, grant, or categorical funding;
B)  Credentials needed for District, school, or program accreditation;
C)  District-provided professional development, training, and academic preparation for an instructional assignment that is anticipated to contribute to the teacher’s effectiveness in that assignment and is integrated into instruction;
D)  Relevant special training, other than professional development or continuing education as required by state or federal law, and integration of that training into instruction in a meaningful way; 
E)  Disciplinary record, if any
F)  Length of service in a grade level(s) or subject area(s);
G)  Recency of relevant and comparable teaching assignments;
H)  Previous effectiveness ratings;
I)  Attendance and punctuality;
J)  Rapport with colleagues, parents, and students;
K)  Ability to withstand the strain of teaching;
L)  Compliance with state and federal law; and
M)  Other relevant factors as determined by the Superintendent or designee.

e.  Length of service may be considered as a tiebreaker if a teacher placement decision involves 2 or more teachers and all other factors distinguishing those teachers from each other are equal.

B.  Placement of Non-Teaching Professionals Not Subject to Revised School Code Section 1249
If a collective bargaining agreement or individual employment contract governs the Non-Teaching Professional’s employment, the Superintendent or designee will comply with the applicable language on placement.

If a collective bargaining agreement or individual employment contract does not address the placement of Non-Teaching Professionals, the Superintendent or designee is authorized to place Non-Teaching Professionals at their discretion.

C.  Vacant Positions

1.  Vacancies may be posted consistent with Policy 4205. The Superintendent or designee determines when a vacancy exists. Generally, a vacancy is an unassigned, open position or a newly created position which the District intends to permanently fill.
2.  Vacancies may be filled by a certified and qualified internal or external candidate consistent with this Policy. The Superintendent or designee has full discretion to assign Professional Staff or contractors to cover employee absences consistent with business necessity and operational needs.

Legal authority:  MCL 380.11a, 380.601a, 380.1248, 380.1249
Date adopted: 10/23/23
Dated revised: 3/18/24

 Series 4000: District Employment
4400  Professional Staff 
4403-R  Performance Evaluation (Effective July 1, 2024)

Performance evaluations are essential to provide quality educational services and to measure competency. This Policy does not diminish the Board’s authority or ability to non-renew a professional staff member’s contract at the end of the contract’s term, consistent with applicable statutes, collective bargaining agreements, Policies, and individual employment contracts. This Policy must be implemented consistent with Policy 1101.

A.  Teachers as Defined by Revised School Code Section 1249
Teachers will be evaluated pursuant to a performance evaluation system consistent with Revised School Code Section 1249 and the Teachers’ Tenure Act. This performance evaluation system will include, as appropriate, the following:

1.  a year-end evaluation process that meets statutory standards;
2.  an evaluation tool that incorporates components required by law, including:

a.  locally agreed-on student growth and assessment data or student learning objectives, as defined by Revised School Code Section 1249;
b.  the teacher’s performance; and
c.  objective criteria.

3.  an individualized development plan (IDP) with performance goals developed by the evaluator in consultation with the teacher and recommended training designed to improve the teacher’s effectiveness for:

a.  all probationary teachers;
b.  teachers rated minimally effective or ineffective during the 2023-24 school year;
c.  teachers rated needing support or developing; or 
d.  at the evaluator’s discretion when performance deficiencies are noted.

4.  classroom observations of at least 15 minutes each which include, at a minimum, a review of the teacher’s lesson plan, the state curriculum standard used in the lesson, and pupil engagement, with appropriate written feedback and a post-observation meeting between the teacher and the school administrator conducting the observation to discuss those items;
5.  a mid-year progress report, if required by law, which aligns with the teacher’s individualized development plan, includes specific performance goals developed by the evaluator, and any recommended training identified by the evaluator;
6.  a year-end performance evaluation effectiveness rating, of effective, developing, or needing support;
7.  tenured teachers rated as highly effective or effective on the 3 most recent consecutive year-end evaluations may be evaluated biennially, but if the teacher is not rated as effective on one of the biennial year-end evaluations, the teacher must receive year-end evaluations;
8.  a mentor for teachers rated developing or needing support or for teachers in the first year of probation;
9.  opportunity for a tenured teacher rated needing support on a year-end evaluation to request a review consistent with Revised School Code Section 1249;
10.  a tool approved by MDE, a modified MDE tool, or a local evaluation tool if adopted in compliance with Revised School Code Section 1249 and corresponding regulations;
11.  website posting of required information for the evaluation tool;
12.  training on the evaluation tool for teachers and evaluators as required by law; and
13.  other components that the Superintendent or designee deems relevant, important, or in the District’s best interests.
If a tenured teacher is rated ineffective or needing support on 3 consecutive year-end evaluations, the teacher shall be discharged consistent with due process. The District is not precluded from discharging a teacher at other times as provided by the Teachers’ Tenure Act.
If a teacher receives an unevaluated rating, the teacher’s rating from the school year immediately before the designation must be used.

B.  Non-Teaching Professionals Subject to the Teachers’ Tenure Act
The performance evaluation system for a Non-Teaching Professional with a teaching certificate subject to the Teachers’ Tenure Act must include multiple observations. An IDP will be developed during the employee’s probationary period. Except during the probationary period, which must include annual evaluations, the Superintendent or designee will evaluate the employee’s performance at intervals determined by the Superintendent or designee. The Superintendent or designee has discretion to select and use an evaluation tool that serves the District’s best interests.

The Superintendent or designee also has discretion to implement an IDP if performance deficiencies are noted, regardless of the employee’s effectiveness rating.

To the extent required by law, a tenured Non-Teaching Professional subject to the Teachers’ Tenure Act rated as needing support may request a review consistent with Revised School Code 1249.

C.  Non-Teaching Professionals Not Subject to the Teachers’ Tenure Act
For Non-Teaching Professionals without a teaching certificate who are not subject to the Teachers’ Tenure Act, the Superintendent or designee will evaluate the employee’s performance at intervals determined by the Superintendent or designee, except annual evaluation will be performed during the employee’s probationary period. The Superintendent or designee has discretion to select and use an evaluation tool that serves the District’s best interests.
An IDP may be established at the Superintendent’s or designee’s discretion.

Legal authority:  MCL 38.71 et seq.; MCL 380.11a, 380.601a, 380.1233b, 380.1248, 380.1249; 380.1249a(2); MCL 423.215
Date adopted: 10/23/23
Date revised:  3/18/24

 Series 4000: District Employment
 4400  Professional Staff
 4404 Performance Based Compensation

The Superintendent or designee may implement a performance based compensation system for Professional Staff. This Policy must be implemented consistent with Policy 1101.

Legal authority:  MCL 380.11a
Date adopted: 3/18/24
Date revised:

Series 4000: District Employment
4400  Professional Staff
4405-R Reduction in Force and Recall (Effective July 1, 2024)

This Policy must be implemented consistent with Policy 1101.

A.  Reduction in Force and Recall for Classroom Teachers
When making program and staffing decisions resulting in the elimination of a teaching position or the recall of a teacher to a vacant teaching position, the Board will retain the most effective classroom teachers who are certified and qualified to instruct courses within the applicable curriculum, academic levels, and departments. The Board has the exclusive right to determine the size of the teaching staff based on curricular, fiscal, and other operating conditions. To the extent that the determinations involve Revised School Code Section 1248 requirements, the clear and transparent procedures of this Policy guides the implementation of that statute.

1.  General Provisions

a.  The Superintendent is responsible, acting within the approved budget, for establishing the number and nature of teaching assignments to implement the approved curriculum. If the Superintendent determines that insufficient funds are budgeted for the existing teaching staff or that a reduction in teaching staff is necessary due to program, curricular, or other operational considerations, the Superintendent will recommend to the Board the teaching positions to be reduced.
b.  Reduction in force and recall decisions must be made based on teacher effectiveness criteria established in Revised School Code Section 1249 and Policy 4403.
c.  Decisions about the reduction and recall of teachers will be guided by the following criteria:

i.  Retaining the most effective teachers who are certified (or otherwise approved or authorized) and qualified to instruct the courses within the curriculum, academic level(s), department(s), and school schedule(s). A probationary teacher rated as effective or highly effective on the teacher’s most recent annual year-end performance evaluation is not subject to displacement by a tenured teacher solely because the other teacher is tenured under the Teachers’ Tenure Act.
ii.  Teachers must be properly certified, approved, or authorized for all aspects of their assignments. The teacher’s certification, authorization, or approval status will be:

A)  Determined by the Revised School Code, MDE’s Teacher Certification Code, MDE’s Rules for Special Education Programs and Services, and other applicable statutes and regulations; and

B)  Based on documentation on file with the Superintendent’s office.

1)  A teacher must maintain valid certification, approval, or authorization, as applicable, and is responsible for filing a copy of the certificate, approval, or authorization with the Superintendent’s office in compliance with Revised School Code Section 1532.
2)  If a teacher petitions for nullification of the teaching certificate or any endorsement, the teacher must promptly provide written notice of that petition to the Superintendent’s office.

iii.  In addition, teachers must be fully qualified for all aspects of their assignments, as determined by the Board, based on documentation on file with the Superintendent’s office, including:

A)  Compliance with applicable state or federal regulatory standards, including standards established as a condition to receipt of foundation, grant, or categorical funding;
B)  Credentials needed for District, school, or program accreditation;
C)  District-provided professional development, training, and academic preparation for an instructional assignment that is anticipated to contribute to the teacher’s effectiveness in that assignment and is integrated into instruction;
D)  Relevant special training, other than professional development or continuing education as required by state or federal law, and integration of that training into instruction in a meaningful way;
E)  Disciplinary record, if any;
F)  Length of service in a grade level(s) or subject area(s);
G)  Recency of relevant and comparable teaching assignments;
H)  Previous effectiveness ratings;
I)  Attendance and punctuality;
J)  Rapport with colleagues, parents, and students;
K)  Ability to withstand the strain of teaching;
L)  Compliance with state and federal law; and
M)  Other relevant factors as determined by the Superintendent or designee.

iv.  Teachers must provide the District with current information and documentation supporting the teacher’s certification and qualifications.

A)  Reduction and recall decisions will be based on the teacher’s certification and qualifications in the District’s records at the time of the decision.
B)  A laid off teacher must maintain current contact information (address, phone, and email address) with the Superintendent’s office.
C)  Failure to maintain current contact information may negatively impact the teacher’s recall.

v.  Teacher reductions and recalls are by formal Board action.
vi.  Before the Board authorizes a teacher reduction, the Superintendent or designee will notify, in writing, the affected teacher of an opportunity to respond, either in person or in writing, to the proposed reduction.
vii.  The Superintendent or designee will provide written notice of Board reduction in force or recall decisions to each affected teacher.
viii.  A teacher’s length of service with the District or tenure under the Teachers’ Tenure Act will not be the sole factor in reduction in force and recall decisions.

d.  Teacher reduction in force decisions will be implemented by the following:

i.  If 1 or more teaching positions are to be reduced, the Superintendent will first identify the academic level(s) or department(s) affected by the reduction. Among those teachers who are certified, approved, or authorized and qualified to instruct the remaining curriculum within the affected academic level(s) or department(s), selection of a teacher(s) for reduction in force will be based on the factors set forth in this Policy.
ii.  Teachers within the affected academic level(s) or department(s) who are certified and qualified for the remaining positions will be retained consistent with the factors set forth in this Policy.
iii.  When a teaching position is identified for reduction and there exists a concurrently vacant teaching position for which the teacher in the position to be reduced is both certified and qualified, and the teacher has received an overall rating of at least effective on that teacher’s most recent year-end performance evaluation, that teacher may be assigned to the vacant position consistent with Policy 4402 unless the Superintendent or designee determines that the District’s educational interests would not be furthered by that assignment.
iv.  If more than 1 teacher whose position has been identified for reduction is certified and qualified for a concurrently vacant teaching assignment, the Superintendent or designee will fill the vacancy consistent with Policy 4402, unless the Superintendent determines that the District’s educational interests would not be furthered by that assignment.
If the reduction or recall decision involves more than 1 teacher and multiple teachers and all factors distinguishing those teachers from each other are equal, the Board may approve and implement a tiebreaker mechanism using a discrete part(s) of the evaluation system. For example, if the reduction or recall decision involves more than one teacher and all factors distinguishing those teachers from each other are equal, the teacher with the higher year-end effectiveness score reflected in the latest year-end evaluation, will have preference for reduction or recall, as applicable. If this year-end effectiveness score is also tied, qualifications and seniority will be used to determine which teacher is laid off or recalled.

At least 30 calendar days’ notice of reduction in force will be provided, absent extenuating circumstances.

2.  Teacher Recall Process

a.  A teacher is eligible for recall under this Policy for 36 months from the date the District implemented the reduction in force.
b.  The Superintendent will first identify the academic level(s) or department(s) where a teaching vacancy exists.
c.  Before or in lieu of initiating the recall of a laid-off teacher, the Superintendent may reassign teachers to fill vacancies in accordance with Policy 4402.
d.  After or in lieu of any reassignment of existing teaching staff, the Superintendent may take either of the following actions to fill a vacancy:

i.  Recall the laid-off teacher who is certified and qualified for the vacancy, provided the teacher was rated at least effective. If more than 1 laid-off teacher is certified and qualified for recall to a vacant teaching assignment, the Superintendent or designee will fill the vacancy consistent with Policy 4402; or
ii.  Post the vacancy and consider all applicants if the Superintendent determines that:

A)  the District’s educational interests would not be furthered by recalling an otherwise eligible laid-off teacher who meets the certification and qualification standards for the position, considering the factors in Policy 4402; or

B)  no teacher on layoff meets the certification and qualification requirements for the position as otherwise stated herein.

e.  The Superintendent or designee will provide written notice of the Board’s recall decision to any recalled teachers and will establish the time within which a teacher must accept recall to preserve the teacher’s employment rights.
f.  A laid-off teacher who is offered an interview for a vacancy and who fails to appear at that interview forfeits all rights to recall and continued employment.

g.  A laid-off teacher who is recalled and fails to accept recall by the time designated in the recall notice, or who does not report for work by the deadline specified in the recall notice after filing a written acceptance of recall with the Superintendent, will forfeit all rights to recall and continued employment unless the Superintendent, in the Superintendent’s sole discretion, has extended the time limit in writing.

If a collective bargaining agreement or individual employment contract governs reduction in force or recall, the Superintendent or designee will adhere to the applicable language.

B.  Reduction in Force and Recall of Non-Teaching Professionals Not Subject to Revised School Code Section 1249
For Non-Teaching Professionals governed by a collective bargaining agreement, the Superintendent will implement the collective bargaining agreement’s standards and procedures that pertain to reduction in force or recall when recommending a reduction in force or recall to the Board.

If no collective bargaining agreement exists, or if an existing agreement does not address reduction in force or recall of Non-Teaching Professionals, the Superintendent will recommend a reduction in force or recall among Non-Teaching Professionals using the same standards and procedures as set forth in this Policy for teachers.

C.  Unemployment Compensation
A teacher or Non-Teaching Professional who is laid off and who is paid unemployment compensation chargeable to the District during the summer immediately following a reduction in force and who is recalled on or before the beginning of the next school year will be paid according to an annual adjusted salary rate such that the employee’s unemployment compensation received plus the adjusted annual salary rate will be equal to the annual rate of salary the employee would have earned for the school year had the employee not been laid off.

Legal authority:  MCL 38.71 et seq.; MCL 380.11a, 380.601a, 380.1248, 380.1249, 380.1532; MCL 423.215
Date adopted: 10/23/23
Date revised: 11/25/24

Series 4000: District Employment
4400  Professional Staff
4407 Discipline

Maintaining appropriate procedures and standards for addressing misconduct and other inappropriate behavior by Professional Staff is a critical component in furthering an effective educational environment and in providing quality educational services to students. Off-duty conduct may result in discipline if it adversely impacts the District and is not a legally protected activity. Information about substantiated unprofessional conduct will not be suppressed or removed from a personnel file consistent with Revised School Code Section 1230b. This Policy must be implemented consistent with Policy 1101.

A.  Probationary Professional Staff
Probationary Professional Staff discipline or demotion may occur for any lawful reason.

1.  If the complaint alleges suspected child abuse or neglect, the matter must be immediately reported to Children’s Protective Services.
2.  An employee who is subject to an investigatory interview that may result in discipline or who reasonably believes an investigatory interview may result in discipline may bring a representative consistent with Policy 4108.
3.  The Superintendent or designee is authorized to place a Professional Staff member on paid, non-disciplinary administrative leave pending the completion of an investigation when, in the judgment of the Superintendent or designee, placing the Professional Staff member on leave will protect the investigatory process or work environment.
4.  Disciplinary measures may include warning, reprimand, unpaid suspension, financial penalty, or discharge. This Policy does not require that disciplinary measures be applied progressively or sequentially. The District shall apply appropriate disciplinary measures for the circumstances. The District shall also consider preventative measures, including training, coaching, and other remedial measures.
5.  Discipline will be confirmed in writing and placed in that person’s personnel file. The person’s year-end performance evaluation shall also reflect the discipline.
6.  The Superintendent or designee is authorized to impose discipline except for:
a.  Nonrenewal of a probationary teacher; or
b.  Discharge of a probationary teacher.
The Board’s action may be based upon the Superintendent’s or designee’s written recommendation and applicable procedures set forth in the Teachers’ Tenure Act.

B.  Tenured and Non-Probationary Professional Staff

Tenured teacher discipline or demotion will occur only for a reason(s) that is not arbitrary or capricious. Likewise, the disciplining of Non-Teaching Professionals will be governed by the arbitrary or capricious standard unless expressly stated otherwise in a collective bargaining agreement, employee handbook, or individual employment contract. Under the arbitrary or capricious standard, a disciplinary decision must be supported by a preponderance of the evidence and the discipline must have a rational relationship to the established misconduct or inappropriate behavior.

Before imposing discipline, the Superintendent or designee will investigate whether a Professional Staff member engaged in conduct that may justify discipline. The investigation should include discussions with witnesses determined by the Superintendent or designee to have relevant information and a review of tangible evidence (e.g., documents, video, electronic communications). The Professional Staff member will be provided an opportunity to respond to the allegation(s).

If a Professional Staff member is governed by a collective bargaining agreement or individual employment contract, the Superintendent or designee will adhere to the disciplinary standards and procedures in that agreement. If the collective bargaining agreement or individual employment contract does not have an applicable provision, then the standards and procedures outlined below will apply.
The following procedures may be used for investigating allegations of Professional Staff misconduct or inappropriate conduct:

1.  The Superintendent or designee may consult with legal counsel in appropriate cases and may request that legal counsel assist with an investigation.
2.  The Superintendent or designee will give the Professional Staff member oral or written notice of the allegation(s).
3.  If the complaint alleges suspected child abuse or neglect, the matter must be immediately reported to Children’s Protective Services.
4.  The Superintendent or designee will give oral or written notice of the time, date, and location of a meeting to provide the Professional Staff member with an opportunity to respond to the allegation(s) and substantiating factor(s).
5.  An employee who is subject to an investigatory interview that may result in discipline or who reasonably believes an investigatory interview may result in discipline may bring a representative consistent with Policy 4108.
6.  The Superintendent or designee is authorized to place a Professional Staff member on paid, non-disciplinary administrative leave pending the completion of an investigation when, in the judgment of the Superintendent or designee, placing the Professional Staff member on leave will protect the investigatory process or work environment.
7.  If an investigation concludes that a preponderance of the evidence (i.e., more likely than not) establishes that the Professional Staff member engaged in conduct warranting discipline, the appropriate level of discipline will be guided by the following:

a.  the seriousness of the offense;
b.  the Professional Staff member’s prior disciplinary and employment record;
c.  whether other Professional Staff members have engaged in similar or like past conduct known to the District’s administration and the discipline imposed for those infractions;
d.  the existence of aggravating or mitigating factors, as determined by the Superintendent or designee;
e.  applicable federal or state law;
f.  the Professional Staff member’s acceptance of responsibility;
g.  the likelihood of recurrence; and
h.  any other factors the Superintendent or designee determine are relevant.

8.  Disciplinary measures may include:

a.   b.  reprimand;
c.  unpaid suspension;
d.  financial penalty; or
e.  discharge.

This Policy does not require that disciplinary measures be applied progressively or sequentially. The District may apply appropriate disciplinary measure. The District may consider additional preventative measures to address the misconduct, including training, coaching, and other remedial measures.

9.  Discipline will be confirmed in writing and placed in that person’s personnel file. The discipline imposed may also be reflected in the person’s year-end performance evaluation.
10.  The Superintendent or designee is authorized to impose discipline except for:
a.  the discharge of a Professional Staff member; or
b.  the demotion of a tenured teacher, as defined in the Teachers’ Tenure Act.
The Board’s action may be based on the Superintendent’s or designee’s written recommendation and applicable procedures in the Teachers’ Tenure Act.
11.  A tenured teacher’s salary may be escrowed after tenure charges are approved by the Board pursuant to Policy 4208.
 
 
Legal authority:  MCL 38.71 et seq.; MCL 380.11a, 380.601a; NLRB v J Weingarten, Inc, 420 US 251 (1975)
Date adopted: 3/18/24
Dated revised:

This Policy must be implemented consistent with Policy 1101.

A.  Probationary Teachers
For purposes of this Policy, the “termination” of a probationary teacher occurs when the probationary teacher is discharged during the term of an existing individual employment contract between the probationary teacher and the Board. Discontinuation of a probationary teacher’s employment at the expiration of an individual employment contract is not termination for purposes of this Policy and is addressed separately in Policy 4409.

The Board may terminate a probationary teacher for misconduct, inappropriate behavior, performance that is not effective, or for any other lawful reason at any time.

The Superintendent or designee may recommend the termination of a probationary teacher to the Board. The recommendation will include the reason(s) for the proposed termination.
Probationary teachers recommended for termination by the Superintendent or designee will be provided advance notice of the allegations; an opportunity for a hearing in closed or open session before the Board; and the time, date, and location of the Board hearing.

B.  Tenured Teachers
The Superintendent or designee may recommend the termination of a tenured teacher by filing tenure charges with the Board. The Board will consider whether to proceed on the tenure charges or modify the charges. A tenured teacher may be terminated for a reason that is not arbitrary or capricious.

The tenured teacher may challenge the Board’s decision to discharge or demote the teacher by timely filing an appeal with the State Tenure Commission.

C.  Non-Teaching Professionals
Unless otherwise provided by a collective bargaining agreement or individual employment contract, a Non-Teaching Professional may be terminated by the Board for any reason that is not arbitrary or capricious, subject to due process.
The Superintendent or designee may recommend the termination of a Non-Teaching Professional to the Board. The recommendation will include the reason(s) for the proposed termination.

Non-Teaching Professionals recommended for termination by the Superintendent or designee will be provided advance written notice of the allegations; an opportunity for a hearing in closed or open session before the Board; and the time, date, and location of the Board hearing.

Legal authority:  MCL 38.83(2), 38.101, 38.121
Date adopted: 3/18/24
Date revised:

Series 4000: District Employment
4400  Professional Staff
4409-R Non-Renewal (Effective July 1, 2024)

For purposes of this Policy, “non-renewal” of a probationary teacher refers to the discontinuation of the employment relationship between the Board and a probationary teacher at the expiration of the probationary year following the process set forth in the Teachers’ Tenure Act.

Teachers must serve a probationary period as required by the Teachers’ Tenure Act. A probationary teacher’s contract may be non-renewed for performance-based reasons or any other lawful reason.

This Policy must be implemented consistent with Policy 1101.

A.  Probationary Period

1.  A probationary teacher rated developing, or needing support may be subject to non-renewal consistent with the Teachers’ Tenure Act. To attain tenure, a probationary teacher must be rated effective (after July 1, 2024) or highly effective (before July 1, 2024) on the teacher’s 3 most recent year-end annual performance evaluations and serve at least 4 full school years. A teacher’s probationary period may extend beyond 4 years.
2.  For a teacher who previously held tenure in another Michigan public school district, the teacher is subject to a 2-year probationary period, unless the Board acts to reduce the teacher’s probationary period.
3.  Unless otherwise provided by a collective bargaining agreement or individual employment contract: 

a.  Non-Teaching Professionals who are not subject to the Teachers’ Tenure Act are subject to 4 years of probationary service and may be non-renewed or terminated at-will by the Board; and 
b.  After 4 years, the non-probationary Non-Teaching Professional may be non-renewed or terminated for any reason that is not arbitrary or capricious, subject to due process.]

B.  Non-renewal

1.  Probationary teacher non-renewal is subject to the non-renewal procedures specified in the Teachers’ Tenure Act. This Policy shall be implemented consistent with that statute.
2.  Before non-renewing a probationary teacher, the probationary teacher must receive written notice of the Superintendent’s or designee’s recommendation for non-renewal and the time, date, and place of the Board meeting at which the Board will consider the recommendation. The recommendation for non-renewal will state the reason(s) for the recommendation and may include supporting documentation.
3.  The probationary teacher must receive written notice of Board action to non-renew the teacher’s contract at least 15 calendar days before the end of the school year (June 30) except as provided in subsection 4 below. If the teacher is hired after the beginning of the school year, notice of non-renewal must be received at least 15 calendar days before the teacher’s anniversary date of hire.
4.  For a teacher who previously held tenure in another Michigan public school district, the teacher must receive written notice of non-renewal at least 60 calendar days before the completion of the probationary period.

C.  The probationary teacher will be provided an opportunity to address the Board in open or closed session and respond to the Superintendent’s or designee’s recommendation to non-renew.

D.  The Board must take action in open session on the recommendation to non-renew the probationary teacher.

E.  The probationary teacher must be served with written notice of the Board’s action non-renewing the teacher’s employment and a copy of the Board action within the timeframe required by the Teachers’ Tenure Act. The non-renewal notice will specify that a probationary teacher has the right to appeal the timeliness or legal effect of a notice of non-renewal. The appeal must be filed with the State Tenure Commission within 20 calendar days after the probationary teacher’s receipt of the notice of non-renewal. A copy of the Teachers’ Tenure Act should also be included with the notice.
 
Legal authority:  MCL 38.81 et seq., 38.91 et seq.
Date adopted: 10/23/23
Date revised:   3/18/24

Series 4000: District Employment
4400  Administrators/Supervisors
4501  Definition

An Administrator, Supervisor, or Director performs duties meeting the administrative or executive exemptions under the Fair Labor Standard Act. Administrators, Supervisors, and Directors report to the Superintendent or designee.

A.  Administrators
Administrators manage, supervise, and oversee District curriculum, instructional programs, and instructional services. As a condition of continued employment, Administrators must hold and maintain certificates, licenses, credentials, and qualifications (collectively, the “Certification”) as set by the Board or required by law, including Revised School Code Sections 1246 and 1536.

1.  “Administrator” includes the building principal, assistant principal, assistant superintendent, and any other person whose primary responsibility is administering instructional programs, as well as the position of “chief business official” as defined in Revised School Code Section 1246.
2.  If an Administrator’s Certification expires, is nullified, or is revoked, the Administrator must immediately notify the Superintendent or designee, in writing.
3.  Administrators will be subject to individual employment contracts not to exceed 3 years and may be governed by a collective bargaining agreement.
4.  Administrators are subject to Revised School Code Section 1229(2) for purposes of non-renewal.

B.  Non-Instructional Supervisors or Directors
Non-Instructional Supervisors or Directors include managerial personnel who are not Administrators within the definition of this Policy and who have the authority to direct, recommend, hire, discipline, and discharge personnel they supervise, including transportation, custodial, maintenance, or food service personnel. Non-Instructional Supervisors or Directors may be provided individual employment contracts not to exceed 3 years and may also be governed by a collective bargaining agreement.

Legal authority:  MCL 380.1229, 380.1246, 380.1536
Date adopted: 10/23/23
Date revised:

 Series 4000: District Employment
4500  Administrators/Supervisors
4503 Performance Evaluation 

Performance evaluations of Administrators are an essential element of providing quality educational services and measuring an employee’s competency. This Policy does not alter the Board’s authority or ability to terminate an Administrator’s employment during the term of an individual employment contract or to non-renew an Administrator’s contract at the end of the contract’s term. This Policy must be implemented consistent with Policy 1101.

A.  Building Level and Central Office Instructional Administrators
The Superintendent or designee will ensure that building level and central office Administrators who are regularly involved in instructional matters are evaluated consistent with a performance evaluation system under Revised School Code Sections 1249 and 1249b. This performance evaluation system will include, if appropriate, the following:

1.  an annual evaluation process that meets statutory standards and is based on objective criteria;
2.  an annual evaluation by the Superintendent or designee, unless the Administrator qualifies for a biennial evaluation. This paragraph does not preclude more frequent Administrator evaluations as determined necessary by the Superintendent or designee;
3.  an individualized improvement plan if the Administrator is rated developing or needing support or if performance deficiencies are noted;
4.  student growth and assessment data or student learning objectives, as defined by Revised School Code Section 1249;
5.  an evaluation and feedback provided in writing with an overall effectiveness rating of effective, developing, or needing support;
6.  dismissal of an Administrator rated ineffective or needing support on 3 consecutive evaluations;
7.  opportunity for an Administrator rated needing support to request a review and appeal consistent with Revised School Code 1249b;
8.  a mentor for an Administrator for the first 3 years in which the Administrator is in a new administrative position;
9.  a midyear progress report each year that the administrator is evaluated that includes specific performance goals for the remainder of the year and any recommended training identified by the evaluator;
10.  for a building level administrator’s evaluation, the evaluator will visit the school building where the administrator works, review the building level school administrator’s school improvement plan, and observe classrooms with the administrator to collect evidence of school improvement plan strategies being implemented and the impact the school improvement plan has on learning;
11.  an evaluation tool approved by the MDE, a modified MDE tool, or a local evaluation tool adopted in compliance with Revised School Code Sections 1249 and 1249b;
12.  website posting of required information pertaining to the evaluation tool;
13.  appropriate training for evaluators; and
14.  other components that the Superintendent or designee deems relevant, important, or in the District’s best interest.
The Administrator’s individual employment contract will include an appeal process concerning the evaluation process and rating received.

B.  Non-Instructional Administrators, Supervisors, and Directors
The Superintendent or designee may evaluate Non-Instructional Administrators, Supervisors, and Directors based on the appropriate evaluation instrument as determined by the Board and consistent with any applicable collective bargaining agreement or individual employment contract. An individual improvement plan may be implemented to remediate and enhance employee performance.

Legal authority:  MCL 380.11a, 380.601a, 380.1249, 380.1249b
Date adopted: 10/23/23
Date revised: 11/24/25

 Series 4000: District Employment
4500  Administrators/Supervisors
4504 Performance Based Compensation for Administrators/Supervisors

The Superintendent or designee may implement a performance based compensation system for Administrators, Supervisors, and Directors. This Policy must be implemented consistent with Policy 1101 and approved by the Board of Education.

Legal authority:  MCL 380.11a
Date adopted: 3/18/24
Date revised:

Series 4000: District Employment
4400  Administrators/Supervisors
4506  Discipline

The Superintendent or designee may discipline Administrators, Supervisors, or Directors for misconduct, violations of contract, Policy, or law, or other inappropriate behavior. Off-duty conduct may result in discipline if it adversely impacts the District and is not otherwise a legally protected activity. This Policy does not cover termination of an Administrator, Supervisor, or Director, which is addressed in Policy 4507.

Before discipline is imposed, the Administrator, Supervisor, or Director will be provided an opportunity to respond to the allegation(s).
An Administrator, Supervisor, or Director governed by a collective bargaining agreement or individual employment contract may be disciplined consistent with applicable procedures and standards in that agreement. An employee who is subject to an investigatory interview that may result in discipline or who reasonably believes an investigatory interview may result in discipline may bring a representative consistent with Policy 4108.

If the Superintendent or designee concludes, by a preponderance of the evidence, that the conduct in question has been substantiated and that discipline is warranted, the Superintendent or designee may discipline the employee so long as the basis for the discipline follows the standard(s) identified in the employee’s applicable collective bargaining agreement or individual employment contract. If the employee is not subject to a collective bargaining agreement or individual employment contract, the Superintendent or designee may implement discipline for any lawful reason. The disciplinary action may be considered in the employee’s performance evaluation. Written discipline will be placed in the employee’s personnel file.

A suspension without pay may be imposed as a disciplinary consequence, consistent with the Fair Labor Standards Act, for infractions of safety rules of major significance or infractions of workplace conduct rules, such as rules prohibiting unlawful harassment, workplace violence, drug or alcohol use, or for infractions of state or federal laws. Disciplinary deductions may only be made in full-day increments and must be imposed pursuant to a written Policy applicable to all employees.

Evidence of substantiated unprofessional conduct cannot be suppressed or removed from a personnel file consistent with Revised School Code Section 1230b.

The Teachers’ Tenure Act shall apply if an Administrator’s tenure rights are implicated by the disciplinary action.
Discipline that results in 5 days or more of lost compensation may be reviewed by the Board.

Legal authority:  29 CFR 541.602(b)(5); MCL 380.11a, 380.601a, 380.653, 380.1230b, 380.1249, 380.1249b; MCL 423.209
Date adopted: 10/23/23
Date revised:

Series 4000: District Employment
4400  Administrators/Supervisors
4507 Termination

For purposes of this Policy, “termination” refers to a proposed action to discharge or permanently discontinue the employment of an Administrator, Supervisor, or Director during the term of an individual employment contract. Non-renewal at contract expiration is not a termination under this Policy and is addressed in Policy 4508.

Unless otherwise provided by an applicable collective bargaining agreement or individual employment contract, an Administrator, Supervisor, or Director may be terminated for any lawful reason. Off-duty conduct may result in termination if it adversely impacts the District and is not a legally protected activity.

The applicable collective bargaining agreement or individual employment contract will set forth the procedure for terminating an Administrator, Supervisor, or Director. If the applicable collective bargaining agreement or individual employment contract does not set forth a procedure, then the Superintendent or designee will provide written charges in support of the recommendation for discharge and notice of the Board hearing date, time, and location, to the Administrator, Supervisor, or Director in advance of a Board meeting on the charges. The employee may request a hearing in closed session, but the Board’s decision on the termination recommendation must be made in open session. If the employee requests a hearing, the employee has the right to bring legal counsel or another representative of the employee’s choice (at the employee’s expense) to hear and contest the evidence supporting the termination recommendation and to submit evidence in support of the employee’s retention.

The Board resolution or written correspondence identifying the reason(s) for the Board’s decision on termination will be placed in the employee’s personnel file.

If the employee holds tenure rights as a classroom teacher and the District seeks to terminate those tenure rights, the District will comply with the Teachers’ Tenure Act.

Legal authority:  MCL 38.71 et seq.; MCL 380.1229(2), 380.1229(3)
Date adopted: 11/25/24
Date revised:

Series 4000: District Employment
4400  Administrators/Supervisors
4508  Administrator Non-Renewal

A.  Administrators Subject to Revised School Code Section 1229(2)
Administrator contract non-renewal may be subject to Revised School Code Section 1229(2) depending on the person’s responsibilities, duties, and certification. If the non-renewal of an Administrator is subject to Revised School Code Section 1229(2), this Policy shall be implemented consistent with that statute.

“Non-renewal” is an action to discontinue an employment contract at contract expiration. Termination during the term of an existing employment contract is addressed in Policy 4507.

If Revised School Code Section 1229(2) applies, the non-renewal of an Administrator’s individual employment contract must be preceded by a notice to the employee that the Board is considering non-renewal. Written notice of consideration of non-renewal must be given to the Administrator at least 90 calendar days before the expiration date of the Administrator’s contract. The Administrator will be provided notice of the Board meeting at which the consideration of non-renewal will be reviewed and may request an open or closed session, where appropriate. The Board must act in open session on the recommendation to consider non-renewal.

The Superintendent or designee will notify the Administrator of the Board’s decision to consider non-renewal, including a written statement of the reason(s). The employee may request to meet with a majority of the Board to discuss the reason(s) in open or closed session, where appropriate. The meeting with the majority of the Board to discuss the reason(s) it is considering non-renewal must take place following notice to the administrator of the consideration of non-renewal and before any action of non-renewal.

There must be a minimum of 30 calendar days between the time that the administrator is provided written notice that the Board is considering non-renewal, including a statement of the reason(s) for consideration of non-renewal, and the Board’s action to renew or non-renew the administrator’s individual employment contract. The resolution and notice of non-renewal must be provided to the administrator not less than 60 calendar days before the expiration date of the administrator’s individual employment contract.
If the non-renewal is based on a reduction in personnel and not for a performance reason, the Board’s review and action must take place in open session.

If the employee holds tenure rights as a classroom teacher and the District seeks to terminate those tenure rights, the District will comply with the Teachers’ Tenure Act.

B.  Non-Renewal of a Supervisor or Director
A Supervisor’s or Director’s contract may be non-renewed in accordance with the applicable individual employment contract or collective bargaining agreement. Absent any contractual guidance, recommendation of non-renewal will be presented to the Board at least 90 calendar days before the contract expiration, stating the reason(s) for the recommendation. Advance written notice of the recommendation, the time, date, and location of the Board meeting, and option for closed session deliberation will be provided to the Supervisor or Director.

Legal authority:  MCL 380.1229
Date adopted: 10/23/23
Date revised:

Series 4000: District Employment
4600  The Superintendent
4601  General

A.  Employment
Except in limited circumstances as otherwise allowed by law, the Board will employ a Superintendent as the District’s chief administrative officer who will report to the Board. The Superintendent’s individual employment contract will not exceed 5 years. The Superintendent will maintain appropriate certification, as well as comply with continuing education requirements, as a condition of continued employment. The Superintendent must immediately notify the Board if his or her certification expires or is nullified or revoked.

B.  Duties and Responsibilities
The Superintendent will regularly advise the Board on significant legal, educational, financial, and other school-related developments affecting the District and the Board and will demonstrate exemplary leadership and knowledge of contemporary educational philosophy and effective practices.

The Superintendent will ensure compliance with requirements imposed by federal and state law, Policy, and governmental authorities with jurisdiction over Michigan schools. The Board delegates to the Superintendent the general power and authority to do the following, within Board-approved Policy and budgetary parameters:

1.  direct curriculum and take actions to maximize student safety, welfare, and educational opportunities;
2.  Suspend students up to 90 days and expel students consistent with Policy 5206;
3.  ensure compliance with student disciplinary standards and procedures;
4.  accept all employee resignations on the Board’s behalf;
5.  make other employment decisions consistent with these Policies, specifically including the right to hire, recall, transfer, assign, direct, discipline, and recommend or impose termination, as applicable;
6.  develop and implement recruitment, application, and selection procedures to fill vacancies for Non-Exempt Staff, Teaching Professionals, Non-Teaching Professionals, Administrators, Supervisors, and Directors and to make hiring recommendations to the Board for approval, if applicable;
7.  manage District grounds, buildings, property, and equipment and make determinations about their use, maintenance, improvements, purchases, and repairs in accordance with law;
8.  temporarily close one or more of the District’s schools or programs or alter the school day when the Superintendent determines that the action is necessary for the health and safety of students and staff;
9.  maintain adequate supplies and materials for students and staff;
10.  consult with outside advisors, attorneys, auditors, and others in the best interests of the District;
11.  negotiate collective bargaining agreements and other contracts, subject to Board review and ratification;
12.  serve as the Board’s spokesperson and community liaison;
13.  develop, recommend, and implement cooperative programs and services with other public and private entities that will promote attainment of District goals and objectives;
14.  implement Board policies and supervise the District’s day-to-day operations;
15.  take action in circumstances not authorized by Board action or Policy when required to effectively run the District’s day-to-day operations, to respond to a lawful order, or to implement rules to protect health and safety. The Superintendent should (1) inform the Board of the action taken and the need for expedited action; and (2) report the action to the Board during the first meeting following the action; 
16.  draft administrative guidelines and forms which are consistent with these Policies or the law to effectively run the District’s operations; and
17.  take action as permitted or required by law or as authorized by Board action or Policy.

C.  Fiscal Management
The Superintendent, in consultation with other District personnel, will prepare and present to the Board a proposed annual District budget for the upcoming fiscal year. Budget adoption and amendments will be subject to Board approval. The Superintendent will furnish the Board with all information requested by the Board for proper consideration of the proposed budget. After the proposed budget is adopted by the Board at a public hearing held in compliance with the Budget Hearings of Local Government Act, the Superintendent, in consultation with the individual acting in the capacity of the District’s business official, will oversee and control budget expenditures to ensure compliance with the budget adopted by the Board.

Legal authority:  MCL 141.411 et seq.; MCL 380.11a, 380.601a, 380.653, 380.654, 380.1229(1), 380.1229(4), 380.1246, 380.1536
Date adopted: 10/23/23
Date revised:

Series 4000: District Employment
4600  The Superintendent
4603  Performance Evaluation

Performance evaluations for the Superintendent are an essential element of providing quality educational services and measuring job performance and effectiveness. This Policy does not diminish the Board’s authority or ability to either terminate the Superintendent’s employment during the term of the Superintendent’s employment contract or to non-renew the Superintendent’s contract at its expiration.

The Board will ensure that the Superintendent is evaluated based on a performance evaluation system described in Revised School Code Sections 1249 and 1249b and the individual employment contract. The evaluation may include, where appropriate or required by law, the following components:

A.  an annual evaluation process that meets statutory standards and is based on objective criteria;
B.  an annual evaluation by the Board, unless the Superintendent qualifies for a biennial evaluation, provided that this does not limit the Board’s right to conduct more frequent evaluations where deemed appropriate by the Board;
C.  an improvement plan if the Superintendent is evaluated as developing or needing support, or otherwise at the Board’s discretion;
D.  student growth and assessment data or student learning objectives, as defined by Revised School Code Section 1249;
E.  an evaluation and feedback provided in writing with an overall effectiveness rating of effective, developing, or needing support;
F.  dismissal of a Superintendent rated ineffective or needing support on 3 consecutive evaluations;
G.  a midyear progress report for each year that the Superintendent is evaluated that includes specific performance goals for the remainder of the year and any recommended training identified by the Board;
H.  a tool approved by the MDE, a modified MDE tool, or a local evaluation tool adopted in compliance with Revised School Code Sections 1249 and 1249b;
I.  opportunity for a Superintendent rated needing support to request a review consistent with the procedure for other administrators under Revised School Code 1249b;
J.  website posting of required information pertaining to the evaluation tool;
K.  providing appropriate training for Board members; and

L.  other components that the Board deems relevant, important, or in the District’s best interests.

The Superintendent’s individual employment contract will include an appeal process concerning the evaluation process and rating received.

The Board, in its discretion, may provide periodic scheduled feedback about the Superintendent’s performance.

Legal authority:  MCL 380.11a, 380.601a, 380.1249, 380.1249b
Date adopted: 10/23/23
Date revised: 11/24/25