Professional Documents
Culture Documents
Page 1 of 59
The meeting will be broadcast live at https://www.youtube.com/c/GFSchools. Due to the COVID-19 public health
emergency, this meeting will be conducted with social distancing consistent with CDC recommendations and as
allowed under Governor Doug Burgum’s executive order suspending NDCC 44-04-19. As a result, space will be limited
or not available in the school board meeting room. Members of the public are strongly encouraged to view the
Livestream through the District’s YouTube page. For in-person attendees, face coverings are required to be worn
when entering and moving throughout the building. Once seated and 6-foot distancing can be maintained, attendees
may remove their face covering if desired. Hand sanitizer is available for use upon entering the building.
AGENDA
Persons with disabilities who may need assistance to access or participate at the meeting should
call the superintendent’s office at 787-4880 at least 24 hours prior to this meeting.
October 26, 2020
Page 2 of 59
The Grand Forks School Board met in regular session on Monday, October 12, 2020, with Vice President
Eric Lunn presiding.
Board Members Present: Doug Carpenter, Chris Douthit, Jacqueline Hoffarth, Eric Lunn, Jeff Manley,
Shannon Mikula via phone, Bill Palmiscno, and Cynthia Shabb. Absent: Amber Flynn.
Student Board Members Present: Alicia Dela Cruz. Absent: Evan Whalen.
Others Present: Dr. Terry Brenner, Superintendent of Schools; Scott J. Berge, Business Manager; Jody
Thompson, Associate Superintendent of Elementary Education, Catherine Gillach, Assistant
Superintendent of Secondary Education; Melissa Buchhop, President, Grand Forks Education Association;
Branden Shepperd, GFAFB School Board Liaison; and Cindy Johnson, Executive Secretary.
__________________________________________________________________________________________________________
Call to Order and Pledge of Allegiance. The Approval of Minutes. It was moved by
meeting was called to order and the Pledge of Palmiscno and seconded by Carpenter to
Allegiance recited at 6:00 p.m. approve the minutes of September 28, 2020, as
written. Motion carried unanimously. Absent:
Approval of Agenda. Following a request to Flynn.
amend the agenda and add “Consent Agenda –
Appointments” as an action item, it was moved Citizen Comments (non-agenda items). None.
by Carpenter and seconded by Douthit to
approve the agenda as amended. Motion carried Review School Board Norms. Carpenter read
unanimously. Absent: Flynn and Hoffarth. aloud the school board norms.
to ensure they are being worn correctly, develop the draft evaluation, which will be
circumstances in which a face covering cannot be submitted to the full board at the November 9
worn, and when wearing a face shield is allowed. meeting.
Fall Enrollment Report. Thompson reported on It was moved by Palmiscno and seconded by
this year’s student enrollment for grades K-12. Manley to approve the process for the
Comparatively, from spring 2020 to fall 2020, superintendent’s evaluation as outlined. Motion
grades K-12 enrollment increased by 55 carried unanimously. Absent: Flynn.
students, and from fall 2019 to fall 2020, grades
K-12 enrollment decreased by 46 students. The Consent Agenda. It was moved by Carpenter
demographer’s projections were 98.5% accurate. and seconded by Manley to approve the consent
An increase in the number of homeschool agenda as follows: Teacher Appointment
students has been impactful to the district’s effective October 7, 2020, of Meridith Fitzwater
enrollment. (salary $37,593). Motion carried unanimously.
Absent: Flynn.
Shared Parks & Facilities Use Agreement for
2020-2021. Berge explained a proposed two- Announcements. The following announcements
year agreement that would begin on July 1, were made:
2020, and end June 30, 2022. Net annual fees for • Congratulations to Amber Flynn on the
locations listed on Exhibit A would increase from birth of her baby boy.
$5,200 for the year ended June 30, 2020, to • A reminder of the special school board
$5,400 and $5,600 for the two subsequent years. meeting on October 21 at 5:00 p.m. for
Net annual fees for locations listed on Exhibit B the SitelogIQ presentation.
would increase from $102,500 for the year • Congratulations to the Central Knights
ended June 30, 2020, to $105,500 and $108,750 boys’ tennis team on winning the state
for the two subsequent years. The Park District championship and to the Red River
and School District intend to work with Xcel boys’ tennis team on being the runner-
Energy in 2021 to physically split the electrical up.
lines related to Cushman Field so each entity • 1,536 students and 528 staff across the
has an accurate charge for their usage. Any district received flu immunizations so
other changes from the previous agreement far. Another opportunity for distance
amount to minor language adjustments and do learners is being planned.
not materially impact the intent or terms of the
agreement. Board Requests for Future Consideration.
None.
It was moved by Douthit and seconded by
Carpenter to approve the Shared Parks & School Board Norms - How Did We Do?
Facilities Use Agreement for 2020-2021 and Carpenter reported that the board did very well
2021-2022 as outlined. Motion carried in following its norms.
unanimously. Absent: Flynn.
Adjournment. There being no further business,
Superintendent Evaluation Committee the meeting adjourned at 7:07 p.m.
Report. Manley reported on the September 23,
2020, committee meeting to mutually establish APPROVED _______________________________________
the specific evaluation criteria with the (Date)
superintendent. It was determined that the
evaluation instrument used last year will be used ____________________________________________________
this year. The instrument will be accompanied by Eric Lunn, Vice President
the superintendent’s goals and progress
narrative, and the district’s strategic plan. Board ____________________________________________________
members are to provide their input by October Scott J. Berge, Business Manager
23, after which the committee will meet to
NORMS
1) Be prepared
2) Be on time
3) Value and respect each other
4) Exercise thoughtful deliberation and conversation
5) Be professional at the Board table and when visiting with the general public
6) Speak up when the norms are not being followed
7) Advocate on behalf of students and keep the community in mind
GOVERNANCE
1) Lead by policy
2) Serve as advocates for K-12 public education
3) Entrust the day-to-day operations to the professionals; Let the administrators do their work
4) Assist community members and stakeholders in following the chain of command
OTHER
Mission Statement:
Grand Forks Public Schools will provide an environment of educational excellence that
engages all learners to develop their maximum potential for community and global success.
October 26, 2020
Page 5 of 59
Mission Statement
Grand Forks Public Schools will provide an environment of educational excellence that
engages all learners to develop their maximum potential for community and global success.
MEMORANDUM
TO: Grand Forks School Board Members
FROM: Dr. Terry Brenner, Superintendent of Schools
SUBJECT: School Reopening Update
DATE: October 26, 2020
_______________________________________________________________________
At our meeting on Monday, I will again provide new or emerging updates as it relates to our overall school
reopening plans. A talking point will be:
• The survey that went out to distant-learning parents regarding their intention to return or not return
to school campuses at trimester or semester time.
If there is anything information you would like in advance of Monday’s meeting, please do not hesitate to
contact me.
Mission Statement
Grand Forks Public Schools will provide an environment of educational excellence that
engages all learners to develop their maximum potential for community and global success.
MEMORANDUM
TO: Grand Forks School Board
FROM: Dr. Terry Brenner, Superintendent of Schools
SUBJECT: Consent Agenda
DATE: October 26, 2020
______________________________________________________________________________________
Many items of a routine nature can be handled as one item rather than spending additional time on each
individual item. Therefore, the Consent Agenda has been developed for the school board’s use in order to
speed up the process of conducting its meetings. Items that may be listed on the Consent Agenda include:
There should be no discussion concerning an individual item on the Consent Agenda. However, during the
approval of the school board meeting agenda, any board member may request an item be removed from the
Consent Agenda for further discussion. Once the school board meeting agenda has been approved, all items
listed on the Consent Agenda are handled as one item.
Items appearing on the Consent Agenda at the time of the publishing of this agenda packet with their
requested considerations are:
cj
Attachment
Mission Statement
Grand Forks Public Schools will provide an environment of educational excellence that
engages all learners to develop their maximum potential for community and global success.
MEMORANDUM
DATE: October 26, 2020
TO: Dr. Terry Brenner, Superintendent
FROM: Jody Thompson, Associate Superintendent of Elementary Education
RE: Open Enrollment Applications
Pursuant to North Dakota Century Code and School Board Policy, administrative
recommendation is to approve the following open enrollment application(s) for the 2020-21
school year because a deadline waiver was requested due to moving:
JT/ls
Mission Statement
Grand Forks Public Schools will provide an environment of educational excellence that
engages all learners to develop their maximum potential for community and global success.
MEMORANDUM
TO: Grand Forks School Board
Each year, a motion is made from the Grand Forks Public School Board as part of the selling
process for the Building Trades project house. Instructor Ben Moen and his students are
constructing the 2020-2021 school year’s house located at 3113 44th Avenue South. Part of the
selling process includes school board action to designate school district representatives to handle
the closing transaction.
The following paragraph is a sample of past school board motion for the sale of the Building
Trades house project.
MOTION by Board Member, SECOND by Board Member, Authorize the School Board
President, or his/her designee, and Business Manager to sign the required closing
documents for the sale of the 3113 44th Avenue South residential property.
Mission Statement
Grand Forks Public Schools will provide an environment of educational excellence that
engages all learners to develop their maximum potential for community and global success.
MEMORANDUM
TO: Grand Forks School Board
Pursuant to the North Dakota Century Code and School District Policy, attached is the General Fund Financial Statement
for Grand Forks Public School District #1 for the period of July 1, 2020 through September 30, 2020.
For the first three months of fiscal year 2020-2021, total general fund revenues were $14,182,661 and total general fund
expenditures were $14,786,963, resulting in an excess of expenses over revenues of $604,302.
Administrative recommendation is to approve the General Fund Financial Statement for the period of July 1, 2020 through
September 30, 2020 as presented.
REVENUES
EXPENDITURES
A. LOCAL SOURCES
Property Taxes $ 20,520,538 $ 279,884 1.4% $ 20,240,654
Revenue in Lieu of Taxes 619,915 - 0.0% 619,915
Impact Aid 3,000,000 - 0.0% 3,000,000
Tuition 1,906,891 6,376 0.3% 1,900,515
Adult Ed Tuition 3,700 (24) -0.6% 3,724
Drivers Education 42,136 (200) -0.5% 42,336
Interest Income 375,000 13,514 3.6% 361,486
Bus Tickets 93,680 6,620 7.1% 87,060
ENCORE Fees 235,182 29,080 12.4% 206,102
SPA Activities 100,000 2,000 2.0% 98,000
Summer School Activities 14,000 - 0.0% 14,000
Rental Income 10,000 - 0.0% 10,000
Sale of Real Property 400,000 - 0.0% 400,000
Contributions / Donations 175,000 106,954 61.1% 68,046
Other Local 675,000 39,236 5.8% 635,764
B. STATE SOURCES
State Aid Formula Payment $ 66,900,000 $ 13,553,790 20.3% $ 53,346,210
Transportation 535,000 111,355 20.8% 423,645
Special Education 764,471 31,102 4.1% 733,369
Career & Technical Education 350,000 - 0.0% 350,000
Adult Education 115,000 - 0.0% 115,000
Medicaid Reimbursement 250,000 315 0.1% 249,685
Restricted State Aid - Northeast 75,000 - 0.0% 75,000
Restricted State Aid - Day Treatment 45,000 - 0.0% 45,000
Restricted State Aid - EL - - #DIV/0! -
Restricted State Aid - Other 120,000 2,659 2.2% 117,341
A. SALARIES
Professional Staff $ 54,986,008 $ 5,574,457 10.1% $ 49,411,551
Paras / Classified Staff 16,459,487 2,275,512 13.8% 14,183,975
Add'l COVID-related Staff Costs 1,300,000 - 0.0% 1,300,000
Subs / Other 1,400,000 22,059 1.6% 1,377,941
TOTAL SALARIES $ 74,145,495 $ 7,872,028 10.6% $ 66,273,467
B. FRINGE BENEFITS
Health Insurance $ 8,419,357 $ 676,876 8.0% $ 7,742,481
TFFR (Employer Share) 6,445,325 683,316 10.6% 5,762,009
FICA (Employer Share) 5,172,159 578,748 11.2% 4,593,411
IRA/403B (Employer Share) 464,036 70,804 15.3% 393,232
Add'l COVID-related Tax/Ben. Costs 270,000 - 0.0% 270,000
C. OTHER EXPENSES
Supplies $ 1,960,889 $ 540,011 27.5% $ 1,420,878
Other COVID-related expenses 1,525,000 - 0.0% $ 1,525,000
Equipment & Furniture 900,000 685,104 76.1% 214,896
Textbooks / Curriculum Adoption 685,621 439,165 64.1% 246,456
Library Books & Materials 131,684 31,935 24.3% 99,749
Purchased Services 1,800,000 446,209 24.8% 1,353,791
Legal Services 50,000 - 0.0% 50,000
Student Transportation 1,537,996 - 0.0% 1,537,996
Field Trips 25,000 - 0.0% 25,000
Tuition 932,667 - 0.0% 932,667
Telephones 256,586 53,102 20.7% 203,484
Postage 62,450 6,334 10.1% 56,116
Printing 115,344 9,025 7.8% 106,319
Insurance 430,000 429,119 99.8% 882
Rent 565,800 100,947 17.8% 464,853
Apple Lease - - #DIV/0! -
Service Agreements 618,468 289,209 46.8% 329,259
Construction Services 3,000,000 1,014,997 33.8% 1,985,003
Travel 105,134 208 0.2% 104,926
Car Allowances 121,138 1,268 1.0% 119,870
Gas & Oil 41,048 8,601 21.0% 32,447
Supervisor Meals 21,945 - 0.0% 21,945
Dues / Fees 875,000 305,247 34.9% 569,753
Service Awards / Employee Recognition 15,969 - 0.0% 15,969
Indirect Cost 46,104 - 0.0% 46,104
Transfer to Fund #61 475,000 - 0.0% 475,000
TOTAL OTHER EXPENSES $ 16,298,843 $ 4,360,479 26.8% $ 11,938,364
D. UTILITIES
Water & Sewage $ 368,788 $ 79,350 21.5% $ 289,438
Natural Gas 551,836 12,310 2.2% 539,526
Electricity 1,206,924 284,718 23.6% 922,206
TOTAL UTILITIES $ 2,127,548 $ 376,378 17.7% $ 1,751,170
EXPENDITURES
COMMENTS:
1. Equipment and Furniture includes approximately $295,000 in Chromebook purchases that will be reimbursed by ESSER Funds
B. STATE SOURCES
State Aid Formula Payment 1. $ 13,553,790 $ 12,932,221 $ 621,570 4.8% 5.2%
Transportation 111,355 118,480 (7,125) -6.0% -27.9%
Special Education 31,102 12,412 18,691 150.6% -3.0%
Career & Technical Education - - - 0.0% -4.5%
Adult Education - - - 0.0% -38.2%
Medicaid Reimbursement 315 5,346 (5,032) -94.1% -8.0%
Restricted State Aid - Northeast - - - 0.0% -8.0%
Restricted State Aid - Day Treatment - - - 0.0% 0.6%
Restricted State Aid - EL - - - 0.0% 0.0%
Restricted State Aid - Other 2,659 7,890 (5,231) -66.3% 1.2%
A. SALARIES
Professional Staff $ 5,574,457 $ 5,474,197 $ 100,261 1.8% 2.8%
Paras / Classified Staff 2,275,512 2,182,976 92,536 4.2% 4.2%
Add'l COVID-related Staff Costs - - - 0.0%
Subs / Other 22,059 26,867 (4,808) -17.9% 37.2%
TOTAL SALARIES $ 7,872,028 $ 7,684,039 $ 187,989 2.4% 5.5%
B. FRINGE BENEFITS
Health Insurance $ 676,876 $ 679,336 $ (2,461) -0.4% 0.0%
TFFR (Employer Share) 683,316 650,242 33,075 5.1% 3.2%
FICA (Employer Share) 578,748 564,117 14,631 2.6% 3.4%
IRA/403B (Employer Share) 70,804 69,704 1,100 1.6% 3.0%
Add'l COVID-related Tax/Ben. Costs - - - 0.0%
Disability Insurance 24,802 24,265 537 2.2% 3.0%
Workers Comp 140,374 82,021 58,354 71.1% -22.0%
Unemployment Comp - - - 0.0% -50.0%
Life Insurance 3,158 3,086 72 2.3% 3.0%
TOTAL FRINGE BENEFITS $ 2,178,078 $ 2,072,771 $ 105,307 5.1% 2.7%
C. OTHER EXPENSES
Supplies $ 540,011 $ 399,521 $ 140,489 35.2% 0.0%
Other COVID-related expenses - - - 0.0%
Equipment & Furniture 1. 685,104 363,629 321,476 88.4% -28.3%
Textbooks / Curriculum Adoption ## 439,165 483,634 (44,469) -9.2% 3.0%
Library Books & Materials 31,935 61,253 (29,318) -47.9% -10.0%
Purchased Services 446,209 557,772 (111,563) -20.0% -23.5%
Legal Services - - - 0.0% 16.1%
Student Transportation - 75,861 (75,861) -100.0% 14.2%
Field Trips - 2,719 (2,719) -100.0% -4.6%
Tuition - 45,328 (45,328) -100.0% 10.0%
Telephones 53,102 58,888 (5,786) -9.8% 1.0%
Postage 6,334 11,322 (4,988) -44.1% 3.0%
Printing 9,025 13,857 (4,832) -34.9% 0.0%
Insurance 429,119 390,684 38,435 9.8% 14.2%
Rent 100,947 198,902 (97,955) -49.2% 1.8%
Apple Lease - 210,669 (210,669) -100.0% -100.0%
Service Agreements 289,209 303,930 (14,721) -4.8% 3.0%
Construction Services 1,014,997 1,417,890 (402,893) -28.4% -17.0%
Travel 208 42,457 (42,249) -99.5% -20.0%
Car Allowances 1,268 1,820 (552) -30.3% -10.0%
Gas & Oil 8,601 6,019 2,581 42.9% 5.0%
Supervisor Meals - 21,153 (21,153) -100.0% 3.0%
Dues / Fees 305,247 410,241 (104,994) -25.6% -12.0%
Service Awards / Employee Recognition - 110 (110) -100.0% 3.0%
Indirect Cost - - - 0.0% 0.0%
Transfer to Fund #61 - - - 0.0% 13.1%
TOTAL OTHER EXPENSES $ 4,360,479 $ 5,077,659 $ (717,180) -14.1% 0.1%
D. UTILITIES
Water & Sewage $ 79,350 $ 76,946 $ 2,404 3.1% 13.1%
Natural Gas 12,310 10,241 2,069 20.2% 35.0%
Electricity 284,718 268,839 15,879 5.9% 14.3%
TOTAL UTILITIES $ 376,378 $ 356,026 $ 20,352 5.7% 18.8%
Mission Statement
Grand Forks Public Schools will provide an environment of educational excellence that
engages all learners to develop their maximum potential for community and global success.
MEMORANDUM
TO: Grand Forks School Board
FROM: Dr. Terry Brenner, Superintendent of Schools
DATE: October 26, 2020
SUBJECT: Recognition of GFEA as Representative Organization for Negotiating Unit
As per NDCC 15.1-16-11, the attached petition was received by the Grand Forks School Board and posted in
each school. If not contested, the recognition step was to be placed as an agenda item for the October 26,
2020, school board meeting.
If any organization had an interest in representing a group of teachers and wished to contest the claim of
representation made in the petition, the contesting organization had to file with the Grand Forks School
Board, a petition containing a written statement of the contest, together with substantiating evidence, within
10 days from the date on which the board posted the notice of intent to consider the original petition.
In light of no contest, the administrative recommendation is for the school board to recognize the Grand
Forks Education Association as the representative organization for the appropriate negotiating unit as per
NDCC 15.1-16-11.
cj
Attachment
The name and mailing address of the association and a complete list of the names,
titles, and mailing addresses of each officer:
The name of each standing committee, with the names and mailing
addresses of the chairperson:
Proud affiliate of North Dakota United, the National Education Association, and the American Federation of Teachers
October 26, 2020
Page 18 of 59
The name and address of each state and national organization with which GFEA
is directly affiliated:
Proof of the number in the district who are active members of the Association and
in good standing: On August 25, 2020 there was an official count of 506
members. The business office can provide a list of members who have their dues
paid by payroll deduction. This roster is maintained by membership chair Britta
Meza, and can be requested at any time.The names of individuals authorized to
represent GFEA and its members in appearances before the school board and in
its dealings with the superintendent or his designated representatives:
Melissa Buchhop, President
Brady Olson, Vice President
Erika Feole, Secretary
Laurie Holcomb, Treasurer
Standing Committee Members
Bargaining Team Members
Thank you for your continued relationship with the GFEA. Together,
we can do what is best for teachers, students, and the community!
Respectfully,
Melissa Buchhop
Proud affiliate of North Dakota United, the National Education Association, and the American Federation of Teachers
October 26, 2020
Page 19 of 59
Mission Statement
Grand Forks Public Schools will provide an environment of educational excellence that
engages all learners to develop their maximum potential for community and global success.
MEMORANDUM
TO: Grand Forks School Board
FROM: Dr. Terry Brenner, Superintendent of Schools
DATE: October 26, 2020
SUBJECT: Recognition of GFPA as Representative Organization for Negotiating Unit
As per NDCC 15.1-16-11, the attached petition was received by the Grand Forks School Board on September
30 and posted in each school. If not contested, the recognition step was to be placed as an agenda item for
the October 26, 2020, school board meeting.
If any organization had an interest in representing a group of principals and wished to contest the claim of
representation made in the petition, the contesting organization had to file with the Grand Forks School
Board, a petition containing a written statement of the contest, together with substantiating evidence, within
10 days from the date on which the board posted the notice of intent to consider the original petition.
In light of no contest, the administrative recommendation is for the school board to recognize the Grand
Forks Principals’ Association as the representative organization for the appropriate negotiating unit as per
NDCC 15.1-16-11.
cj
Attachment
Mission Statement
Grand Forks Public Schools will provide an environment of educational excellence that
engages all learners to develop their maximum potential for community and global success.
MEMORANDUM
TO: Grand Forks School Board
FROM: Dr. Terry Brenner, Superintendent of Schools
DATE: October 26, 2020
SUBJECT: Recognition of GFDA as Representative Organization for Negotiating Unit
As per NDCC 15.1-16, the attached petition was received by the Grand Forks School Board and posted in each
school. If not contested, the recognition step was to be placed as an agenda item for the October 26, 2020,
school board meeting.
If any organization had an interest in representing a group of directors and wished to contest the claim of
representation made in the petition, the contesting organization had to file with the Grand Forks School
Board, a petition containing a written statement of the contest, together with substantiating evidence, within
10 days from the date on which the board posted the notice of intent to consider the original petition.
In light of no contest, the administrative recommendation is for the school board to recognize the Grand
Forks Directors’ Association as the representative organization for the appropriate negotiating unit as per
NDCC 15.1-16.
cj
Attachment
Mission Statement
Grand Forks Public Schools will provide an environment of educational excellence that
engages all learners to develop their maximum potential for community and global success.
MEMORANDUM
TO: Grand Forks School Board Members
FROM: Dr. Terry Brenner, Superintendent of Schools
SUBJECT: Policy Review Committee Report: Readings of Policies & Regulations
DATE: October 26, 2020
______________________________________________________________________________________________________________________
The Policy Review Committee met on Thursday, October 15, 2020, to continue its work toward the adoption of the
North Dakota School Boards Association (NDSBA) policy templates. A copy of the draft meeting minutes is attached.
Included herein are the policies and board regulations that are forwarded to the school board for their appropriate
readings and/or adoption.
The following policies are recommended for their first reading. The policies will be presented for their second
reading at a future meeting.
1. Policy AAC, Nondiscrimination and Anti-Harassment Policy
• This required policy was previously adopted by the board.
• Changes have been made by the NDSBA.
• The changes separate the Policy Dissemination and Training section into two sections.
• The complementing administrative exhibit AAC-E3, Discrimination and/or Harassment Training
Requirements for Employees is included for information only.
The following board regulation is recommended for its first reading and adoption.
1. Board Regulation AAC-BR2, Title IX Sexual Harassment Grievance Procedure
• This required regulation was previously adopted by the board.
• Complements Policy AAC, Nondiscrimination and Anti-Harassment Policy
• Districts have discretion as to whether to calculate days by calendar days, business days, school days, or
other reasonable method that works with administrative operations. The committee determined that
days should be calculated by school days.
• Additional language changes include changing “his/her” to “their” and on page 9 changing “Within” to
“Upon”.
cj
Attachments
A meeting of the Policy Review Committee was held via Zoom on Thursday, October 15, 2020, with
Cynthia Shabb presiding.
Call to Order. The meeting was called to order changes included options for districts calculating
at 5:04 p.m. days. The U.S. Department of Education does not
define whether specified days are calendar days
Approval of Minutes. It was moved by Lunn or business days. Districts have discretion as to
and seconded by Shabb to approve the minutes whether to calculate days by calendar days,
of August 13, 2020, as written. Motion carried business days, school days, or other reasonable
unanimously. Absent: Hoffarth. method that works with administrative
operations. The committee determined that days
Hoffarth joined the meeting at 5:05 p.m. should be calculated by school days. Additional
language changes include changing “his/her” to
Policy AAC, Nondiscrimination and Anti- “their” and on page 9 changing “Within” to
Harassment Policy. Changes were made to this “Upon”.
required policy in the Policy Dissemination and
Training section by the North Dakota School It was moved by Lunn and seconded by Hoffarth
Boards Association (NDSBA). The changes to approve the revised Board Regulation AAC-
separate the section into two sections. The BR2, Title IX Sexual Harassment Grievance
committee requested that the complementing Procedure and forward it to the school board
exhibit AAC-E3, Discrimination and/or with a unanimous recommendation for approval
Harassment Training Requirements for and adoption. Motion carried unanimously.
Employees be included in the school board
agenda packet for information only. Policy ACBB, Significant Contagious Disease.
A change was made to this required policy by
It was moved by Hoffarth and seconded by Lunn the NDSBA. The North Dakota Century Code
to approve the revised Policy AAC- reference in the definition of Reasonable
Nondiscrimination and Anti-Harassment Policy Accommodations was changed from “16” to
as written and forward it to the school board “17”. The administrative exhibit ACBB-E, Laws on
with a unanimous recommendation for approval Immunizations, Contagious Disease, Reportable
and adoption. Motion carried unanimously. Disease, and Significant Contagious Disease was
included for information only.
AAC-BR2, Title IX Sexual Harassment
Grievance Procedure. Changes to this required It was moved by Hoffarth and seconded by Lunn
board regulation were made by the NDSBA. The to approve the revised Policy ACBB, Significant
Approved _________________________________________
(Date)
____________________________________________________
Cynthia Shabb, Committee Chair
General Prohibitions
The Grand Forks Public School District is committed to maintaining a learning and working
environment free from discrimination and harassment in all employment and educational
programs, activities, and facilities. The District prohibits discrimination and harassment based on a
student’s, parent’s, guardian’s, or employee’s race, color, religion, sex, sexual orientation, gender
identity, gender expression, national origin, ancestry, disability, age, or other status protected by
law. The District also provides equal access to the Boy Scouts and other designated youth groups,
as required by federal law.
It is a violation of this policy for any district student, parent, guardian, employee, or third party to
discriminate against or harass another district student or employee, based on any status protected
by law, if the conduct occurred within the context of an education program or activity, or if the
conduct had a continuing effect in the educational setting of a program or activity occurring on or
off school district property. The District will not tolerate discrimination or harassment of a district
student or employee by a third party. The District also prohibits aiding, abetting, inciting,
compelling, or coercing discrimination or harassment; discriminating against or harassing any
individual affiliated with another who is protected by this policy and/or law; knowingly making a
false discrimination and/or harassment report; and retaliation against individuals who report and/or
participate in a discrimination and/or harassment investigation, including instances when a
complaint is not substantiated.
The District shall promptly investigate any discrimination, harassment, or retaliation complaint and
act on findings as appropriate, or as required by law. Outcomes may include disciplinary measures
such as termination of employment or student expulsion in accordance with board policy, law, and,
when applicable, the negotiated agreement. Students and employees are expected to fully
cooperate in the investigation process. The District will take steps to prevent recurrence of
discrimination, harassment, or retaliation and remedy discriminatory effects on the complainant
and others, if appropriate.
Definitions
• Complainant is the individual filing the complaint. If the complainant is not the victim of the
alleged discrimination and/or harassment, the victim must be afforded the same rights as
the complainant under this policy and regulations AAC-BR1 or AAC-BR2.
• Disability is defined in accordance with NDCC 14-02.4-02 (5).
• Discrimination means failure to treat an individual equally due to a protected status.
• Protected status is defined in applicable state (NDCC 14-02.4-02 (6)) and federal laws.
• Sexual Orientation is a person’s sexual identity in relation to the gender to whom one is
sexually, emotionally, or romantically attracted. A person’s sexual orientation is distinct from
a person’s gender identity and expression.
• Gender Identity is the personal sense of one’s own gender which may correlate with a
person’s assigned sex at birth or differ from it.
• Gender Expression is the way in which a person expresses themselves through appearance,
dress, or behavior.
1
October 26, 2020
Page 29 of 59
REQUIRED Descriptor Code: AAC
• Sexual harassment examples include, but are not limited to, the following:
a. Sexual or "dirty" jokes;
b. Sexual advances;
c. Pressure for sexual favors;
d. Unwelcome touching, such as patting, pinching, or constant brushing against
another's body;
e. Displaying or distributing of sexually explicit drawings, pictures, and written
materials;
f. Graffiti of a sexual nature;
2
October 26, 2020
Page 30 of 59
REQUIRED Descriptor Code: AAC
g. Sexual gestures;
h. Touching oneself sexually or talking about one's sexual activity in front of others;
i. Spreading rumors about or rating other’s sexual activity or performance;
j. Remarks about an individual’s sexual orientation; and
k. Sexual violence, including rape, sexual battery, sexual abuse, and sexual coercion.
• Title II of the Americans with Disabilities Act extends the prohibition on discrimination
established by Section 504 to all services, programs, and activities of State and local
government entities.
• Title VI is a federal law that provides protection from discrimination based on race, color, or
national origin in employment and employment practices in programs or activities receiving
federal financial assistance.
• Title VII is a federal law that provides protection from discrimination on the basis of race,
color, religion, sex or national origin. Title VII applies to all public school districts with 15 or
more employees.
• Title IX is a federal law that provides protection from discrimination, based on sex, in
education programs or activities that receive federal financial assistance.
Other or different definitions may be set forth in board regulations AAC-BR1 or AAC-BR2.
The procedure provides for an impartial investigation free of conflicts of interest and bias. Nothing
in this policy or in the discrimination and harassment grievance procedure prevents an individual
from pursuing redress available through state and/or federal law.
Confidentiality
An individual wishing to file an anonymous discrimination and/or harassment complaint must be
advised that confidentiality may limit the district’s ability to fully respond to the complaint and that
retaliation is prohibited. The appropriate grievance coordinator (Title IX, 504/Title II, or
Nondiscrimination) shall perform a confidentiality analysis to determine when a request for
confidentiality cannot be honored due to safety reasons or the district’s obligation to maintain a
nondiscriminatory educational environment. The complainant must be notified in writing of the
confidentiality analysis outcome. A discrimination or harassment investigation report is subject to
the open records law after 60 days or when the investigation is complete (whichever comes first),
with limited exceptions such as when the record is protected by FERPA.
Complaint Recipients
If any district employee receives a discrimination or harassment complaint, the employee shall
promptly forward it to the appropriate grievance coordinator. All district employees must receive
training on their reporting duties.
3
October 26, 2020
Page 31 of 59
REQUIRED Descriptor Code: AAC
Grievance Coordinators
Districts must designate at least one employee to be their Title IX Coordinator and authorize such
individual(s) to coordinate the district’s efforts to comply with its responsibilities under the
applicable regulations.
The Title IX Coordinator’s responsibilities include overseeing the district’s response to Title IX
reports and complaints and identifying and addressing any patterns or systemic problems revealed
by such reports and complaints. The Title IX Coordinator must have knowledge of the requirements
of Title IX, of the district’s policies and procedures on sex discrimination, and of all complaints
raising Title IX issues throughout the District. To accomplish this, the Title IX Coordinator must be
informed of any report or complaint raising Title IX issues, even if the report or complaint was
initially filed with another individual or office or if the investigation will be conducted by another
individual or office.
The Board designates the Human Resources Director as the Title IX Coordinator. They may be
contacted at PO Box 6000, Grand Forks, ND 58206-6000, or by phone at 701-746-2200. Districts
must notify students, parents or legal guardians, employees and unions of the name and specified
contact information for the designated Title IX Coordinator(s). The notification must also state that
inquiries about the application of Title IX and its regulations may be directed to the district’s Title IX
Coordinator or the Assistant Secretary of Education, or both. Districts must prominently display
the Title IX Coordinator(s) contact information on their website, if any, and in each handbook it
makes available to students, parents or legal guardians, employees and unions.
The 504/Title II Coordinator’s responsibilities include overseeing the district’s response to disability
discrimination reports and complaints. The 504/Title II Coordinator must have knowledge of the
requirements of Section 504 and Title II, of the district’s policies and procedures on disability
discrimination, and of all complaints raising Section 504/Title II issues throughout the District. To
accomplish this, the 504/Title II Coordinator must be informed of any report or complaint raising
Section 504/Title II issues, even if the report or complaint was initially filed with another individual
or office or if the investigation will be conducted by another individual or office. The Board
designates the Associate Superintendent of Secondary Education as the 504/Title II Coordinator.
They may be contacted at: PO Box 6000, Grand Forks, ND 58206-6000, or by phone at 701-746-
2200.
4
October 26, 2020
Page 32 of 59
REQUIRED Descriptor Code: AAC
Policy Dissemination
The Superintendent shall display this policy and complementary grievance procedures in a
prominent place in each district building and publish it in student and employee handbooks.
Training
The Board authorizes the Superintendent to develop discrimination and harassment awareness
training for students and employees. Employee training requirements are delineated in board
exhibit AAC-E3, Discrimination and/or Harassment Training Requirements for Employees.
The Title IX, 504/Title II, and Nondiscrimination Coordinators, and any other school official
responsible for the investigation of discrimination complaints, shall receive training. This training
must include:
1. The definition of discrimination, harassment, and retaliation;
2. The handling of complaints under the Discrimination and Harassment Grievance Procedure
(AAC-BR1); and
3. The applicability of confidentiality requirements.
End of Grand Forks Public School District Policy AAC .............................. Adopted: 8/24/2020
[0709/2020]
5
October 26, 2020
Page 33 of 59
EXHIBIT Descriptor Code: AAC-E3
All District employees shall receive discrimination and harassment training. Employees should
receive training in the following areas:
☐ Receiving and reporting discrimination and/or harassment complaints, including when to
report (knew or should have known standard) and whom to report to;
☐ Information about how to prevent and identify discrimination and harassment, including
sexual violence and same-sex sexual violence;
☐ The behaviors that may lead to or result in sexual violence;
☐ The attitudes of bystanders that may allow discriminatory and/or harassing conduct to
continue;
☐ The potential for re-victimization by responders and its effect on students;
☐ The appropriate methods for responding to a student who may have experienced
discrimination and/or harassment, including sexual violence. Training should include the
use of nonjudgmental language;
☐ The impact of trauma on victims; and, as applicable, the person(s) to whom such
misconduct must be reported;
☐ The importance of informing complainants of the reporting obligations of responsible
employees;
☐ Complainants’ option to request confidentiality;
☐ Available confidential advocacy, counseling, or other support services; and
☐ Complainants’ right to file a Title IX complaint with the school and to report a crime to local
law enforcement.
In addition, the Title IX Coordinator, investigator, decision-makers, and persons who facilitate the
informal resolution procedure for alleged sexual harassment prohibited by Title IX, shall receive
training. This training must include:
1. The definition of sexual harassment contained in Title IX and associated regulations;
2. How to identify conduct that may constitute sexual harassment;
3. The scope of the District’s education program or activity so that the District may
accurately identify situations that require a response under Title IX;
4. How to conduct an investigation and grievance process including appeals and
informal resolution processes, as applicable;
5. How to make relevancy determinations, as applicable; and
6. How to serve impartially, including by avoiding prejudgment of the facts at issue,
conflicts of interest, or bias.
End of Grand Forks Public School District Exhibit AAC-E3 ..................... Approved: 8/24/2020
[07/2020]
October 26, 2020
Page 34 of 59
REQUIRED Descriptor Code: ACBB
The Grand Forks Public School District School Board adopts this policy with the intent of protecting
the health and safety of all district students, staff, and independent contractors.
Definitions
• Affected person, affected individual, or affected student means an individual who has been
diagnosed by a physician as having contracted a significant contagious disease.
• Independent contractor means any person or entity who is free of control or direction over
performance of the service provided both under the contract and in fact, who renders
service outside the ordinary course of business or outside of the place of business of the
contractor and who is engaged in an independently established trade, organization,
profession, or business.
• Institution includes all public kindergartens, elementary, junior high, and high schools
operating within all school districts in North Dakota.
• Special provisions are individually tailored education decisions designed to meet the needs
of students requiring unique accommodations to ensure an educational opportunity.
Special provisions are directed to students not covered by an individualized education
program.
• Universal precautions mean protecting one's self from exposure to blood or body fluids,
through the use of latex gloves, masks, or eye goggles, cleaning blood and body fluid spills
with soap and water and then disinfecting and incineration or decontaminating infective
waste before disposing in a sanitary landfill.
Universal Precautions
The District shall use universal precautions as standard procedure in the care and maintenance of
school property and in administering first aid or otherwise handling emergencies.
1
October 26, 2020
Page 35 of 59
REQUIRED Descriptor Code: ACBB
Confidentiality
All information concerning an affected person’s condition that is given to an employee or official of
the District shall remain confidential to the extent required or permitted under applicable law. The
Superintendent shall develop procedures to protect against confidentiality breaches (IDC).
No employee or official of the District may inform anyone of an affected individual's infection or
release any information to the public either confirming or denying the presence within the District
of a person who has contracted a significant contagious disease, unless otherwise required to do
so by law. An employee violating these prohibitions shall be subject to disciplinary consequences
in accordance with policy, law, and, when applicable, the negotiated agreement.
Spokesperson
The Board designates the Superintendent or designee as the person to receive information
concerning the status of students, employees, and independent contractors from their physicians.
The spokesperson shall be the official representative of the District when information concerning
an affected individual becomes public and may not delegate this duty unless authorized by the
Board. The spokesperson may request assistance from the Department of Public Instruction or
State Department of Health in developing a plan for conflict resolution and shall comply with all
applicable requirements in the district’s policy on relations with the news media (KBA) when
handling media requests related to significant contagious disease.
Reasonable Accommodations
1. Students: The District shall not prohibit a student from attending school solely because
they have, or they are perceived to have, a significant contagious disease. If the student is
well enough to attend the institution, and does not constitute a public health threat, as
determined by the decisionmaker or local board of health, the student must be permitted
to attend school. If the student is unable to attend regular class instruction or requires
special consideration, then reasonable accommodations, special provisions or
individualized education programs must be provided for the student.
Education
1. Students: The District shall implement an instructional program on significant contagious
disease appropriate to each participating grade level, providing information about the diseases,
methods of transmission, the means of protecting against contracting the diseases in an
educational setting, and the use of universal precautions and prevention. Instruction will begin
2
October 26, 2020
Page 36 of 59
REQUIRED Descriptor Code: ACBB
in Grade K and continue through Grade 12. 1 The curriculum will be integrated into the health
curriculum.
The Superintendent or designee is charged with recommending revisions in the program to
the Board to update and modify the curriculum as new information about significant
contagious diseases is made available. The Department of Public Instruction and/or the State
Department of Health shall review and approve any curriculum and materials developed for
use in this program according to the guidelines established by the Center for Disease Control.
Prior to the start of the significant contagious disease instructional program, and at any time
thereafter, parents and guardians of students who will be involved in this program shall have
an opportunity to preview/review the curriculum and materials.
2. Employees: All district employees shall receive appropriate training that addresses significant
contagious disease prevention. The training will be presented by a health professional or
someone specifically qualified in prevention of significant contagious diseases education.
Training will include the proper use of universal precautions.
Those employees designated to teach significant contagious disease prevention to students
shall receive additional training from qualified health education professionals.
3. Independent Contractors: All independent contractors performing services for the District
shall receive a brochure concerning significant contagious diseases upon entering into a
contract with the District. The brochure shall contain information regarding the transmission
of significant contagious diseases in an institutional setting, the means of protecting against
contracting the diseases in an institutional setting, and the use of universal precautions.
Complementing NDSBA Templates (may contain items not adopted by the Board)
• AAC, Nondiscrimination and Anti-Harassment Policy
• AAC-BR1, Discrimination and Harassment Grievance Procedure
• AAC-E1, Filing a State or Federal Discrimination and/or Harassment Complaint
• ACBB-AR1, Responding to Potential Health Threats
• ACBB-AR2, Universal Precautions and Sanitary Cleanup
• ACBB-E2, Laws on Communicable Diseases, Immunization Requirements, Reportable
Diseases, and Significant Contagious Diseases
• KBA, Relations with the News Media
End of Grand Forks Public School District Policy ACBB............................... Adopted: 6/8/2020
[04/202009/2020]
1 State
law requires that all students be educated concerning significant contagious disease. Specify the
grades that are included in your district’s enrollment.
3
October 26, 2020
Page 37 of 59
EXHIBIT Descriptor Code: ACBB-E
Definitions
• Age-appropriate immunizations (ND Administrative Code 33-06-05-01) refers to the
vaccines a child should receive based on age and previous immunization history as
recommended by the advisory committee on immunization practices of the United States
department of health and human services and outlined by the North Dakota immunization
schedule.
• Communicable disease (NDCC 23-07.6-01) means a disease or condition that causes
serious illness, serious disability, or death, the infectious agent of which may pass or be
carried, directly or indirectly, from the body of one person to the body of another.
• Reportable disease (ND Administrative Code 33-06-01) means the diseases or conditions
designated by the state department of health that must be reported pursuant to NDCC 23-
07-01. See ND Department of Health reportable disease chart at
http://www.ndhealth.gov/Disease/Documents/ReportableConditions.pdf.
• Significant contagious disease (ND Administrative Code 33-06-05.1-02): includes
cytomegalovirus (CMV), hepatitis B (HBV) and human immunodeficiency (HIV) infection.
The local board of health or the state health officer may determine that other diseases are
significant contagious diseases.
Confidentiality Requirements
1. Employee medical records (NDCC 44-04-18.1(1)): Any record of a public employee's
medical treatment or use of an employee assistance program is not to become part of that
employee's personnel record and is confidential and, except as otherwise authorized by law,
may not be used or disclosed without the written authorization of the employee. As used in
this section, the term "public employee" includes any individual who has applied for
employment, is employed, or has been employed by a public entity.
2. Student medical records: At the elementary or secondary school level, students’
immunization and other health records that are maintained by a school district or individual
school, including a school-operated health clinic, that receives funds under any program
administered by the U.S. Department of Education are “education records” subject to
FERPA, including health and medical records maintained by a school nurse who is employed
by or under contract with a school or school district. Parents have a right under FERPA to
inspect and review these health and medical records because they are “education records”
under FERPA. See 34 CFR §§ 99.10 – 99.12. In addition, these records may not be shared
with third parties without written parental consent unless the disclosure meets one of the
exceptions to FERPA’s general consent requirement.
From Joint Guidance on Application of FERPA and HIPAA:
https://studentprivacy.ed.gov/sites/default/files/resource_document/file/2019%20HIPA
A%20FERPA%20Joint%20Guidance%20508.pdf
3. Significant contagious disease:
a. Employees (ND Administrative Code 33-06-05.3-02): Unless disclosed by the
affected person, or their personal physician, no disclosure of an affected individual’s
condition may be made. In order to eliminate discrimination, the local governing
1
October 26, 2020
Page 38 of 59
EXHIBIT Descriptor Code: ACBB-E
Immunization Requirements
ND Administrative Code 33-06-05-01(2b)
Minimum requirements for children attending kindergarten through grade twelve shall be age-
appropriate immunizations against diphtheria, pertussis, tetanus, poliomyelitis, measles, mumps,
rubella, varicella (chickenpox), meningococcal disease, and hepatitis B.
2
October 26, 2020
Page 39 of 59
EXHIBIT Descriptor Code: ACBB-E
Immunization Exemptions
1. NDCC 23-07-17.1(2-3)
a. A child may enter a public school upon submitting written proof from a licensed
physician or authorized representative of the state department of health stating
that the child has started receiving the required immunization or has a written
consent by the child's parent or guardian for a local health service or department to
administer the needed immunization without charge or has complied with the
requirements for certificate of exemption as provided for in paragraph b.
b. Any minor child, through the child's parent or guardian, may submit to the public
school either a certificate from a licensed physician stating that the physical
condition of the child is such that immunization would endanger the life or health of
the child or a certificate signed by the child's parent or guardian whose religious,
philosophical, or moral beliefs are opposed to such immunization. The minor child is
then exempt from the applicable immunization requirements set forth in NDCC 23-
07-17.
2. ND Administrative Code 33-06-05-01(4)
A child with a medical or a beliefs exemption is exempt from any one or all of the
immunization requirements. A physician must sign an exemption form indicating the
vaccines that are included in the medical exemption. A parent or guardian must sign an
exemption form stating that the child has a beliefs exemption and indicate which vaccines
are exempt because of beliefs. A child with a reliable history of chickenpox, hepatitis A,
hepatitis B, measles, mumps, or rubella is exempt from applicable immunization
requirements. A physician must sign an exemption form stating that the child has had the
disease. Exemption forms must be kept on file with the immunization records at the child’s
school, early childhood facility, head start program, or preschool educational facility.
3. ND Administrative Code 33-06-05-01(7)
Any child admitted to school or early childhood facility under the provision that such child is
in the process of receiving the required immunizations shall be required to receive the
immunizations according to the recommended schedule set forth by the state department
of health. Any child admitted to school and not adhering to the recommended schedule
shall provide proof of immunization or a certificate of immunization by October first or
within thirty calendar days of enrollment if enrolling after October first or be excluded from
school. Any child admitted to an early childhood facility and not adhering to the
recommended schedule shall provide proof of immunization or a certificate of
immunization within thirty calendar days of enrollment or be excluded from the early
childhood facility.
3
October 26, 2020
Page 40 of 59
EXHIBIT Descriptor Code: ACBB-E
4
October 26, 2020
Page 41 of 59
EXHIBIT Descriptor Code: ACBB-E
admitted to any public, private, or parochial school, or day care center, child care facility,
head start program, or nursery school operating in this state or be supervised through
home-based instruction unless the child's parent or guardian presents to the institution
authorities a certification from a licensed physician or authorized representative of the
state department of health that the child has received age-appropriate immunization[s].
2. The student is immunization-exempt, an epidemic has been identified in a district
school or schools, and a public health officer has deemed such students’ attendance a
potential public health threat (NDCC 23-07-17.1(6)): When, in the opinion of the health
officer, danger of an epidemic exists from any of the communicable diseases for which
immunization is required under this section, the exemptions from immunization against
such disease may not be recognized and children not immunized must be excluded from an
institution listed in subsection 1 until, in the opinion of the health officer, the danger of the
epidemic is over. The designated institution authority shall notify those parents or
guardians taking legal exception to the immunization requirements that their children are
excluded from school during an epidemic as determined by the state department of health.
3. The student has, or lives with someone who has, a significantly contagious or
infectious disease and has not been cleared to attend school under regulations of the
local board of health (NDCC 23-07-16): Except as provided by section 23-07-16.1, no
principal, superintendent, or teacher of any school, and no parent or guardian of any minor
child, may permit any child having any significant contagious or infectious disease, or any
child residing in any house in which any such disease exists or has recently existed, to attend
any public or private school until permitted to do so under the regulations of the local board
of health.
4. The student is suspected of suffering from or has been exposed to a communicable
condition (ND Administrative Code 33-06-02-01(4)): Whenever any school principal or
teacher in any private, public, or parochial school has reason to suspect that any pupil is
suffering from or has been exposed to any communicable condition, such principal or
teacher shall send the child home with instructions to see the child’s family physician. Any
pupil so excluded shall not be permitted to attend school again until the pupil shall present
a certificate from a physician licensed to practice medicine in North Dakota or from the local
health department stating that the child is not suffering from a communicable condition
and that it is safe for the child to return to school. Such principal or teacher shall also report
any such suspected case to the local health officer, who, upon receipt of such report, shall
use the officer’s best judgment as to the necessity for further investigating the case.
[09/2020]
5
October 26, 2020
Page 42 of 59
The following procedure is designed to resolve sexual harassment and retaliation grievances by and
against staff, students, parents, and third parties, as described in board policy, in a prompt and
equitable manner. In accordance with Title IX of the Education Amendments Act of 1972, the
District prohibits discrimination on the basis of sex, including sexual harassment, in any District
education program or activity. The District shall respond when sexual harassment occurs in the
District’s education program or activity against a person in the United States. Board policy requires
all staff to fully cooperate when asked to participate in a harassment or retaliation investigation.
The procedure contained in this regulation supersedes the district’s policies regarding complaints
about personnel and bullying.
Definitions
• Actual knowledge means notice of sexual harassment is given to the Title IX Coordinator,
an official with authority to institute corrective measures, or any elementary or secondary
school employee. When the District has actual knowledge of alleged sexual harassment in
a District education program or activity, Title IX requires the District to respond in a manner
that is not clearly unreasonable in light of the known circumstances.
• Complainant is an individual who is alleged to be the victim of conduct that could constitute
sex harassment.
• Document filed by a complainant is a document or electronic submission (such as by e-mail
or through an online portal provided for this purpose by the District) that contains the
complainant’s physical or digital signature, or otherwise indicates that the complainant is
the person filing the formal complaint.
• Education program or activity includes locations, events, or circumstances over which the
District exercises control over both the respondent and the context over which the sexual
harassment occurred. This includes locations or events that occur on or off school property,
and may include computer and internet networks, digital platforms, and computer
hardware or software owned or operated by, or used in the operations of, the District.
• Exculpatory evidence means evidence tending to exonerate a respondent or helps establish
their innocence of the conduct alleged.
• Formal Complaint is a document filed by a complainant or signed by the Title IX Coordinator
alleging sexual harassment against a respondent and requesting that the school investigate
the allegation of sexual harassment.
• Inculpatory evidence means evidence that shows, or tends to show, a person's involvement
in an act, or evidence that can establish guilt of the conduct alleged.
• Respondent is an individual who has been reported to be the perpetrator of conduct that
could constitute sexual harassment.
• School property is defined in NDCC 15.1-19-10(6)(b) as all land within the perimeter of the
school site and all school buildings, structures, facilities, and school vehicles, whether
owned or leased by a school district, and the site of any school-sponsored event or activity.
• Sexual harassment is a form of harassment based on sex. It is defined as unwelcome sexual
advances, requests for sexual favors, and/or other verbal, written, or physical conduct or
communication of a sexual nature, that:
1
October 26, 2020
Page 43 of 59
Retaliation Prohibited
The District prohibits any person from intimidating, threatening, coercing, or discriminating against
any individual, including complainants, respondents, and witnesses, for the purpose of interfering
with any right or privilege secured by Title IX including but not limited to making a report or formal
complaint of sexual harassment or participating (or refusing to participate) in a sexual harassment
complaint investigation. This includes instances when a complaint is not substantiated. The
consequences for violating this prohibition are delineated in Board policy AAC, Nondiscrimination
and Anti-Harassment Policy.
2
October 26, 2020
Page 44 of 59
Third-Party Assistance
The Title IX Coordinator or other school official responsible for conducting or overseeing sexual
harassment investigations is authorized to receive assistance from the district’s legal counsel
throughout the process.
Supportive measures must be designed to preserve the complainant’s access to education without
unreasonably burdening the respondent. Supportive measures must be coordinated by the Title IX
Coordinator and kept confidential to the extent reasonably possible. Supportive measures should
be equitably offered to both the complainant and the respondent and should be reasonably
available before or after the filing of a formal complaint or where no formal complaint has been
filed.
Disciplinary sanctions or other actions that are not supportive measures shall not be taken against
the respondent unless a formal complaint is filed and an investigation is conducted in accordance
with the process set forth herein.
3
October 26, 2020
Page 45 of 59
The Title IX Coordinator shall promptly provide notice of the emergency removal decision to the
respondent explaining the reasons for the removal decision. The respondent shall have the
opportunity to challenge the removal decision of the Title IX Coordinator to the Associate
Superintendent of Elementary Education or other designated decision-maker, whose decision
regarding removal shall be final.
The duration of administrative leave shall be until the investigation is complete and the
Superintendent determines that the employee’s potential threat or disruption to district property,
school operations, students and/or other employees has passed.
Prior to placing an employee on administrative leave, the Superintendent may consider if a transfer
or reassignment of the employee would be an appropriate alternative to administrative leave. A
decision to transfer or reassign an employee shall not violate the terms of the employee’s contract
with the District or negotiated agreement, if applicable.
For certified or contract employees, administrative leave shall be with pay, and the employee shall
not be required to take any applicable paid leave benefits as part of the administrative leave. For
ancillary staff, administrative leave may be without pay and the employee may be permitted to take
paid leave if available under the applicable leave policies.
4
October 26, 2020
Page 46 of 59
activity of the District. The District must respect the complainant’s wishes with respect to whether
the Title IX Coordinator initiates a formal complaint and investigation unless the Title IX Coordinator
determines that signing a formal complaint to initiate an investigation over the wishes of the
complainant is not clearly unreasonable in light of the known circumstances. The Title IX
Coordinator is authorized to exercise discretion to consolidate formal complaints when allegations
of sexual harassment arise out of the same facts or circumstances.
5
October 26, 2020
Page 47 of 59
Written notice of allegations must be provided with sufficient time for the parties to prepare for an
initial interview and so that both parties understand the scope of the investigation and can prepare
to meaningfully participate by advancing the party’s own interests in the outcome of the matter.
The Title IX Coordinator may use age-appropriate measures in choosing how to convey the
information required to be included in the written notice. In the event allegations in the formal
complaint change or additional potential violations are discovered, the Title IX Coordinator must
promptly provide written notice of the changes or additional potential violations to the complainant
and the respondent.
The informal resolution procedure must be completed within 20 business school days of the receipt
or signing of a formal complaint by the Title IX Coordinator, unless the Title IX Coordinator
documents good cause for a temporary or limited delay and communicates the cause for the delay
to the complainant and the respondent.
The formal resolution procedure, including any appeal process, must be completed within 40
business days of the receipt or signing of a formal complaint by the Title IX Coordinator or a
complainant or a respondent terminating the informal resolution procedure, unless the Title IX
Coordinator documents good cause for a temporary or limited delay and communicates the cause
for the delay to the complainant and the respondent.
The District recognizes that conduct that constitutes sexual harassment may also constitute child
abuse, sexual abuse, or other crimes resulting in law enforcement investigations. In such situations
and when good cause exists, the Title IX resolution procedures may be temporarily delayed in order
to coordinate or cooperate with a concurrent law enforcement investigation. The existence of a
concurrent law enforcement investigation does not relieve the District of its obligation to respond
to reports or complaints of sexual harassment as provided by Title IX and applicable regulations.
6
October 26, 2020
Page 48 of 59
Prior to commencing the information resolution process, the Title IX Coordinator or other
designated facilitator shall inform the parties of the informal resolution parameters, the potential
consequences of participation in the process (e.g., no formal investigation undertaken, no
admission of responsibility), and any confidentiality implications.
Upon commencement of the informal resolution process, the Title IX Coordinator or other
designated facilitator shall gather information necessary to understand the allegations set forth in
the formal complaint and to facilitate the informal resolution process. Based on this information-
gathering process, the Title IX Coordinator or other designated facilitator shall propose to the
parties an informal resolution process, which may include, but is not limited to:
1. Participation by the parties in mediation or other alternative dispute resolution
procedure facilitated by the Title IX Coordinator, other designated facilitator, or
third-party mutually agreed upon by the parties;
2. Holding a meeting (or series of meetings) with the parties and their advisors
(provided all parties consent to participation) to discuss a potential resolution;
3. Development by Title IX Coordinator or other designated facilitator of written
behavior expectations of the respondent to redirect conduct; or
4. Arranging a documented meeting with the respondent that involves a discussion of
the sex discrimination and sexual harassment policies and requirements for
compliance.
The informal resolution process may result in agreements made between the parties, facilitated by
the Title IX Coordinator or other designated facilitator, that result in the provision or continuation
of supportive measures, as well as disciplinary or punitive measures. These agreements may
contain confidentiality requirements. Disciplinary or punitive measures may include, but are not
limited to:
1. Requiring the respondent to undergo training on harassment;
2. Requiring the respondent to undergo counseling;
3. Recommend alternative placement or transfer of the respondent to different
class(es), building, or campus;
4. Instituting protection mechanisms for the complainant (e.g., no-contact order,
security escort, safety plan);
5. Creation of behavioral adjustment plan for the respondent;
6. In-school or out-of-school suspension for the respondent; or
7. Expulsion of the respondent for a period not to exceed the remainder of the current
school year provided the respondent and the respondent’s parent(s)/legal
guardian(s) consent and waive any applicable due process rights in writing.
Both the complainant and the respondent must agree to the informal resolution before it may be
instituted. The Title IX Coordinator shall monitor the implementation and effectiveness of the
informal resolution and initiate the formal resolution procedure if the alleged harassment persists.
7
October 26, 2020
Page 49 of 59
Both the complainant and the respondent have the right to terminate or withdraw from the informal
resolution procedure and resume the formal resolution procedure at any time prior to agreeing to
a resolution.
The fact-gathering portion of the investigation must be carried out or overseen by the Title IX
Coordinator or other designated investigator and may consist of interviews with the complainant,
the respondent, and any others who may have witnessed or otherwise have knowledge of the
circumstances giving rise to the allegations in the complaint and may involve gathering and review
of other information relevant to the complaint. The Title IX Coordinator or other designated
investigator will investigate formal complaints in a manner that:
1. Keeps the burden of proof and burden of gathering evidence on the District while
protecting every party’s right to consent to the use of the party’s own medical,
psychological, and similar treatment records;
2. Provides the parties equal opportunity to present facts and expert witnesses and
other inculpatory and exculpatory evidence before any determination regarding
responsibility is made;
3. Does not restrict the parties from discussing the allegations or gathering evidence
(e.g., gag orders) except as specifically provided herein or as required by applicable
law;
4. Gives the parties equal opportunity to select an advisor of the party’s choice (who
may be, but does not need to be, an attorney);
5. Prohibits the gathering of information protected by a legally recognized privilege
(e.g., doctor-patient, attorney-client) without the appropriate party’s voluntary,
written waiver;
6. Requires written notice when a party’s participation is invited or expected for an
interview or meeting; and
7. Provides both parties an equal opportunity to review and respond to the evidence
gathered during the investigation when such evidence is relevant to and directly
related to the allegations set forth in the formal complaint. The parties must be
provided at least 10 (ten) school days to review and respond to the evidence
gathered.
The Title IX Coordinator or other designated investigator must recognize a presumption of non-
responsibility on the part of the respondent until conclusion of the investigation. The investigation
must be completed as soon as reasonably practical and in line with the deadlines for completion of
the formal resolution procedure as set forth herein.
8
October 26, 2020
Page 50 of 59
Investigation Report
After the investigation process is complete, the Title IX Coordinator or other designated
investigator shall complete a written report summarizing the relevant evidence and provide a copy
of the completed report to the complainant and the respondent.
Upon Within five (5) school days 1 of receipt of the investigation report, the parties may submit
relevant written questions to the Title IX Coordinator or other designated investigator for the other
parties and witnesses to answer before a determination regarding responsibility is reached. At no
time will the complainant be required to answer questions or provide evidence regarding the
complainant’s sexual behavior or predisposition unless offered to prove someone other than the
respondent committed the alleged conduct.
Upon receipt of written questions from a party, the Title IX Coordinator or other designated
investigator will pass on appropriate and relevant questions to the party or witness for response.
Written responses shall be promptly submitted to the Title IX Coordinator or other designated
investigator, who will then provide the written responses to both parties. The parties may submit
reasonable and relevant follow-up questions to the Title IX Coordinator for answer by the other
party or a witness in the same manner as initial written questions.
Within ten (10) school days of receipt of the investigation report, the parties may submit a written
response to the report to the Title IX Coordinator or other designated investigator. The deadline to
submit a written response to the investigation report may not be delayed by the submission or
pendency of written questions. Upon receipt of any written response to the report from the
complainant and respondent, the Title IX Coordinator or other designated investigator shall provide
a copy of the investigation report and written responses to the decision-maker.
Standard of Evidence
The District designates the preponderance of the evidence standard for use in all formal complaints
of sexual harassment, including formal complaints against students and formal complaints against
employees. To meet this standard, the decision-maker must determine that conduct constituting
sexual harassment in violation of Title IX more likely than not occurred.
1
NOTE: Districts may designate a timeframe for parties to submit relevant written questions to the
designated investigator; however, this timeframe must be less than ten days.
2
The decision-maker must not be the same person as the Title IX Coordinator or other investigator.
9
October 26, 2020
Page 51 of 59
Corroborating evidence is not required to reach a determination of responsibility on the part of the
respondent.
10
October 26, 2020
Page 52 of 59
4. Conclusions regarding the application of the District’s code of conduct to the facts
of the conduct allegedly constituting Title IX sexual harassment;
5. A determination regarding responsibility for each allegation and the decision-
maker’s rationale for the result;
6. Any disciplinary sanctions the District will impose on the respondent and whether
the District will provide remedies to the complainant; and
7. Information regarding the appeals process and the District’s procedures and
permissible bases for the complainant and the respondent to appeal.
The notice of determination must not describe the individualized remedies to be provided to the
complainant. The Title IX Coordinator shall communicate such remedies separately to the
complainant to discuss what remedies are appropriately designed to preserve or restore the
complainant’s equal access to education. The Title IX Coordinator shall create a monitoring plan to
evaluate the effectiveness of the disciplinary sanctions, remedies and/or supportive measures
identified in the determination of responsibility to help prevent recurrence.
Appeal Procedure 3
The complainant or the respondent may appeal the determination of responsibility, including any
disciplinary sanction instituted as a result of the determination of responsibility. The complainant
and the respondent may also appeal any dismissal, whether discretionary or mandatory, of a formal
complaint or allegation contained in a formal complaint. An appeal must be based on the existence
of one or more of the following:
1. Procedural irregularity that affected the outcome of the matter;
2. New evidence that was not reasonably available when the determination of
responsibility or dismissal decision was made that could affect the outcome of the
matter; or
3. The Title IX Coordinator, investigator, or decision-maker had a conflict of interest or
bias that affected the outcome of the matter.
An appeal must be submitted in writing to the Superintendent within seven (7) school days after
receipt of the notice of determination or dismissal, and must identify the base(s) on which the
appeal is being filed. Upon receipt of an appeal, the Superintendent shall promptly provide notice
of the appeal to both parties and inform them of their right to submit written statements supporting
or challenging the outcome and the deadline by which such statements must be submitted.
In considering the appeal, the Superintendent must review all relevant evidence submitted to the
investigator during the investigation and any written statements filed by the complainant or
respondent following initiation of appeal to determine if the determination of responsibility or
dismissal decision was appropriate. The Superintendent shall provide written notice of the appeal
decision and the rationale of that decision to the complainant and the respondent.
The determination of responsibility or dismissal decision becomes final after the time period to file
an appeal has expired, or if a party does file an appeal, after notice of the appeal decision has been
3
The decision-maker on appeal must not be the Title IX Coordinator, the investigator, or the decision-maker
on the determination of responsibility or dismissal decision.
11
October 26, 2020
Page 53 of 59
sent to the parties. Until the determination of responsibility is final, the District must refrain from
acting on the determination of responsibility while maintaining the status quo through supportive
measures designed to ensure equal access to education.
The complainant need not file an appeal to challenge the selection of remedies resulting from a
determination of responsibility. The Title IX Coordinator is responsible for effective implementation
of remedies and the complainant may work with the Title IX Coordinator to select and effectively
implement remedies designed to restore or preserve the complainant’s equal access to education.
Nothing herein shall prevent the parties from seeking available judicial redress through a court of
competent jurisdiction or through any applicable state or federal complaint procedures.
The Title IX Coordinator must provide written notice of any dismissal decision to the complainant
and the respondent. The dismissal notice must state the reasons for dismissal and explain the
parties’ right to appeal the decision in accordance with the procedure set forth herein.
If the allegations in a formal complaint do not meet the definition of sexual harassment, or did not
occur in a district education program or activity against a person in the United States, the District
must dismiss such allegations for purposes of Title IX but may still address the allegations in any
manner the District deems appropriate under the District’s policies relating to code of conduct.
Training Requirements
The Title IX Coordinator, investigator, decision-makers, and persons who facilitate the informal
resolution procedure, shall receive training. This training must include:
1. The definition of sexual harassment contained in Title IX and associated regulations;
2. How to identify conduct that may constitute sexual harassment;
3. The scope of the District’s education program or activity so that the District may
accurately identify situations that require a response under Title IX;
4. How to conduct an investigation and grievance process including appeals and
informal resolution processes, as applicable;
12
October 26, 2020
Page 54 of 59
The District shall publish on the district website all current, up-to-date materials used to train Title
IX personnel. If the District does not maintain a website, such materials shall be made available for
public inspection upon request.
Records Retention
The District shall maintain all records of each sexual harassment report or complaint, regardless of
later dismissal or other resolution of the allegation(s), for no less than 7 years from the date of the
record’s creation. This includes records relating to investigations, disciplinary sanctions, remedies,
appeals, and informal resolutions. Such records include, but are not necessarily limited to, formal
complaints, notes, notices, statements, reports, and audio or audiovisual recordings or transcripts,
as well as training materials used to train Title IX personnel as required by Title IX.
End of Grand Forks Public School District Board Regulation AAC-BR2 ... Adopted: 8/24/2020
07/2020[09/2020]
13
October 26, 2020
Page 55 of 59
Mission Statement
Grand Forks Public Schools will provide an environment of educational excellence that
engages all learners to develop their maximum potential for community and global success.
MEMORANDUM
TO: Grand Forks School Board
FROM: Dr. Terry Brenner, Superintendent of Schools
SUBJECT: NDSBA Resolutions
DATE: October 26, 2020
______________________________________________________________________________________
North Dakota School Boards Association Beliefs and Policies are permanent philosophical,
legislative, and operational statements established by the Delegate Assembly. They are
amended only by action of that Assembly. Resolutions remain as standing resolutions for four
years unless significant legislative or staff action prompt an earlier review. At the end of four
years, they are dropped unless readopted by the Delegate Assembly.
A copy of the NDSBA’s Government Affairs Committee Resolutions Report and 2020
Proposed Standing Rules are attached. The NDSBA Delegate Assembly will be held virtually
on October 30.
Administrative recommendation is for the school board to review the NDSBA materials and
be prepared to inform delegates for participation in the Delegate Assembly.
cj
Attachments
NDSBA’s Government Affairs Committee (GAC) met on August 31, 2020, to act on resolutions
for consideration by the Delegate Assembly. Participating committee members were: Jim
Johnson, Chair (Fargo); Shane Aadness (Stanley); Susie Carlson (Northern Cass); Sonya Hansana
(Hazen); Dianne Hensen (Glenburn); Karl Lembke (Bismarck); Lisa Maki (Garrison); Holly
Stromsodt (Finley-Sharon); and Lauren Vengels (Minot-MAFB).
Resolutions remain as standing resolutions for four years unless significant legislative or staff
action prompt an earlier review. At the end of four years, they are dropped unless readopted
by the Delegate Assembly. One new resolution was submitted by the NDSBA Board of Directors.
Following are recommendations of the GAC:
RESOLUTIONS THAT ARE FOUR YEARS OLD AND RECOMMENDED FOR READOPTION AS
WRITTEN
1. STATE AID FOR GROWING SCHOOL DISTRICTS. NDSBA shall support legislation that
modifies the Foundation Aid Program to allow the use of fall enrollment to provide
adequate state support to districts with increasing enrollment.
Adopted in 2012; readopted in 2016.
6. SCHOOL LUNCH PROGRAM. NDSBA shall work with the North Dakota Department of
Agriculture, the North Dakota Department of Public Instruction, and the North Dakota
Congressional Delegation to encourage the USDA to amend their federal regulations
related to the School Lunch Program, School Breakfast Program, and "a la carte" food
sales to allow for local control.
Adopted in 2012; amended and readopted in 2016.
7. POSTING OF BILLS IN AN ALTERNATE FORMAT. NDSBA shall support state law changes
to allow school districts the flexibility to post their bills using an electronic format such
as the district's Website.
Adopted in 2004; amended and readopted in 2008; readopted in 2012 and 2016.
A resolution stating that NDSBA shall support legislation that would require and/or encourage contract
negotiations to be pursued in good faith, diligently, and within a reasonable period of time in order to
have an agreement reached between the school board and recognized representative organization by a
specified deadline or impasse will be automatically declared.
WHEREAS, North Dakota Century Code § 15.1-16-13 requires the board of a school district or its
representatives and a representative organization or its representatives to negotiate in good faith if so
requested by either entity;
WHEREAS, Good-faith negotiations must begin no later than the thirtieth day after the representative
organization is recognized by the board of the school district unless otherwise mutually agreed;
WHEREAS, School districts approve budgets during the month of July and shall provide to the county
auditor in each county in which the taxing district has taxable property on or before August tenth of
each year a preliminary budget statement, which it may not increase or decrease after October 10 of the
current fiscal year;
WHEREAS, Drawing out or delaying the negotiating process will negatively impact a district’s ability to
be fiscally responsible to both its students and its taxpayers;
WHEREAS, Beginning a school year without teachers or administrators under contract may negatively
impact students, staff, and the district as a whole;
THEREFORE BE IT RESOLVED that NDSBA shall support legislation that would make appropriate
amendments to the negotiation process set forth in NDCC chapter 15.1-16 and any other relevant
provisions of the NDCC that would require and/or encourage negotiations to be pursued in good faith,
diligently, and within a reasonable period of time in order to have an agreement reached between the
school board and recognized representative organization by a specified deadline or impasse will be
automatically declared.
October 26, 2020
Page 58 of 59
STANDING RULES
2020 NDSBA DELEGATE ASSEMBLY
The purpose of Standing Rules is to ensure meetings are run in a consistent and professional manner.
Standing Rules are adopted by the Delegate Assembly.
Rule 1: Credentials
A. Delegates and alternates must be properly designated by September 10, 2020. Only a
member registered as an alternate can be transferred to delegate status. This transfer must
occur any time prior to noon on October 30, 2020.
B. NDSBA Legal Counsel will make a report regarding the number of registered delegates and
the number of delegates present. Delegates present constitute a quorum.
Rule 2: Identification
A. Delegates will set Zoom screen names to their full name and district, i.e. Zach Morris –
Bayside School District.
Rule 3: Resolutions
A. The privilege of making motions, debating, and voting shall be limited to delegates. Only
delegates will be allowed to participate via Zoom webinar. Others may observe via a
provided streaming link.
B. Delegates wishing to address the chair must raise their hand to be acknowledge. Upon
acknowledgement by the chair, the delegate must state their name and school district.
C. Delegates may request permission from the chair for another board member or
administrator to clarify an issue or offer more information.
D. NDSBA staff, members of the Board of Directors, and GAC members may address the
assembly with permission of the chair.
No delegate shall speak on a resolution more than once or longer than five minutes except as
recognized by the chair for purposes of clarification or to answer a question.
NDSBA Legal Counsel will act as teller on all votes of the delegates except for voice votes which
are determined by the chair.
Rules contained in the current edition of Robert’s Rules of Order Newly Revised shall govern the
convention in all cases except where they conflict with the NDSBA Constitution and these
Standing Rules. NDSBA Parliamentarian rulings are final.
Rule 9: Minutes
Authority to review and approve minutes of business sessions is delegated to the NDSBA Board
of Directors.