School Board Agenda

MITCHELL SCHOOL DISTRICT NO.
17-2
BOARD OF EDUCATION AGENDA
Regular Board Meeting
Monday, April 25, 2022
MCTEA Room 10 – 5:00 P.M.
ITEM SUMMARY/JUSTIFICATION RECOMMENDED ACTION

I. Opening
A. Call Meeting to Order
B. Pledge of Allegiance
C. Roll Call: Christiansen, Flood, Kenkel, Olson, Ruml
D. Determination of Quorum
E. Approval of Agenda:
Motion to Amend:
Motion to Approve:
Recognition of Accomplishments by Skills USA, HOSA, FBLA, FCCLA, Robotics, Culinary Arts (Pro
Start Competition Team), and Welding Program Competition
II. Consent Agenda:

A. Board Minutes MOTION TO APPROVE
B. Claims
C. Personnel
D. Open Enrollment
E. Conflicts of Interest
III. Board Consideration to Review and/or Revise K-12 Board Policies 1000-1200 MOTION TO APPROVE
On Second Reading
IV. Board Consideration to Review/Revise Mitchell Technical College Policy MOTION TO APPROVE
Series 1000-1200 on First Reading
V. Board Consideration to Mark 2022 Constitution/By-Laws Amendment Ballots MOTION TO APPROVE

for South Dakota High School Activities Association.
VI. Board Consideration to Approve Comprehensive Special Education Plan for MOTION TO APPROVE
the Mitchell School District for the 2022-23 School year
VII. Board Consideration to Approve Middle School Handbook for the 2022-23 MOTION TO APPROVE
School Year.
VIII. Board Member Report BOARD INFORMATION
IX. Superintendent Report BOARD INFORMATION
X. Public Commentary BOARD INFORMATION
XI. Adjourn
MITCHELL SCHOOL DISTRICT NO. 17-2
School Board Meeting
Agenda Item
For presentation at the April 25, 2022 meeting of the school board.
Subject: Board Consideration to Approve Consent Agenda
From: Joseph Graves, Superintendent
Nature of action requested from the Board:

Board Action ☒
Board Information ☐
Scheduled report ☐
A. Board Minutes
B. Claims
C. Personnel
D. Open Enrollments
E. Conflicts of interest
4-25-2022
1
MINUTES OF THE SPECIAL MEETING
MITCHELL SCHOOL DISTRICT 17-2
April 6, 2022
The special meeting of the Board of Education was called to order by President Deb Olson at
4:30 PM at the Technical Center of Mitchell Technical College at 1800 East Spruce Street in
Mitchell South Dakota, Davison County.
Roll call of members present: Deb Olson, Kevin Kenkel, Brittni Flood, and Shawn Ruml. Absent:
Matthew Christiansen. Others present: Dr. Joseph Graves Superintendent, Steve Culhane,
Business Manager.
The pledge of allegiance was recited.
Motion #3551618
Motion by Kenkel, seconded by Flood to approve the agenda as presented. Motion carried.
The purpose of this special meeting was a joint meeting with the South Dakota Board of
Technical Education. Discussion was held on issues involving the 4 Technical Schools in South
Dakota. Mark Wilson, President of Mitchell Technical College discussed at the meeting the
Facility expansion plans of the college including a new Agricultural building and the correction
of drainage issues. Other topics discussed were dual credit options and partnerships developed
with industry in SD.
President Olson adjourned the meeting at 5:34 pm.
2
MINUTES OF THE REGULAR MEETING
MITCHELL SCHOOL DISTRICT 17-2
April 11, 2022
The regular meeting of the Board of Education was called to order by President Deb Olson at
5:00 PM at the Mitchell Career & Technical Education Academy 821 North Capital Street,
Mitchell South Dakota, Davison County.
The Pledge of Allegiance was recited.
Roll call of members present: Deb Olson, Matthew Christiansen, Shawn Ruml, Kevin Kenkel and
Brittni Flood. Absent: None. Others present: Dr. Joseph Graves Superintendent, Steve Culhane,
Business Manager, and Student representatives Sarah Sebert & Claire Hegg.
Motion #3551619
Motion by Flood, seconded by Christiansen to approve the agenda as presented. Motion
carried.
Motion #3551620
Motion by Kenkel, seconded by Ruml to approve the consent agenda which includes the
minutes of the regular board meeting on March 14, 2022. These minutes had been furnished
to the Daily Republic in unapproved form all in accordance as per SDCL 13-8-35. Also on the
consent agenda that was approved were the claims and the personnel items.
New Certified Hires: Amanda Lynch, Science Teacher/SH, $48,500, effective 2022-23 school
year. Anthony DeLaTorre, Social Studies/Second Chance High, $44,750, effective 2022-23
school year. Mackenzie Larson, Elementary Teacher, $48,628, effective 2022-23 school year.
Sydnee Foster, Elementary Teacher, $47,000, effective 2022-23 school year. Heather Kayser,
Elementary Teacher and MS Assistant Track Coach, $47,000, MS Assistant Track Coach, $1,319,
effective 2022-23 school year. Jenna Miller, 7th Math, 6th and 8th CTE Teacher/MS, $49,453,
effective 2022-23 school year. Ashley Brua, 1st/2nd Grade Looping Teacher, $50,250, effective
2022-23 school year. Victoria Erwin, 8th ELA Teacher/MS, $53,836, effective 2022-23 school
year. Charlotte Haag, Special Education/LO, $47,000, effective 2022-23 school year. Hannah
Wehlander, Music Teacher/GBR and MS Musical, $47,000, Musical, $1,479, effective 2022-23
school year. Corey Flatten, 8th ELA/MS and 9th Football Coach, $50,500, Football Coach, $3,281,
effective 2022-23 school year. Jordan McKean, PH/W Teacher/MS, VS Assistant Track Coach,
9th Football Assistant Coach, $47,000, VS Assistant Track Coach, $2,637, 9th Football Assistant
Coach, $2,370, effective 2022-23 school year. Jacey Jira, 21st Century Grant Co-director/LO,
$10,999, effective 2022-23 school year. Jess Huber, 3rd Grade Teacher/LBW, $47,000, effective
2022-23 school year. Michaela Herman, Mathematics Teacher/SH, $47,000, effective 2022-23
school year. New Classified Hire: Hannah Ziebarth, ParaEducator/LBW, $14.00/hr., 7/hrs./day,
effective April 11, 2022. Request to Rescind 2022-23 Leave of Absence: Allison Pierson, ELA
Teacher/MS, effective 2022-23 school year. Transfer: Sara Steckel, CTE Teacher/MS to 7th
Grade Math/MS, effective 2022-23 school year. Chad Lentsch, 8th Grade Earth Science/MS to
7th Life Science, effective 2022-23 school year. Leave of Absence: Kelsey Berletic, 7th Math
Teacher/MS, effective end of 2021-22 school year. Resignations: Kailyn Huska, Speech and
Debate Coach/SH, effective end of 2021-22 school year, pending suitable replacement. Walter
Moody, Elementary Teacher (Currently on Leave of Absence). Kelli Mueller, Science
Teacher/MS, effective end of 2021-22 school year. Nicole Nelson, Elementary Teacher/LO,
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effective end of 2021-22 school year. Catherine Woodmansey, Music Teacher/GBR, effective
end of 2021-22 school year. Mika Faulhaber, Elementary Teacher/LO, effective end of 2021-22
school year. Cole Knippling, Math Teacher/SH and Head Girls Basketball Coach, effective end of
2021-22 school year. Nikki Rodas, Spanish Teacher/MS, effective end of 2021-22 school year.
Monica Alm, 3rd Grade Teacher/LBW, effective end of 2021-22 school year. Natasha Stern,
ParaEducator/LBW, effective April 14, 2022, Alexandra Davis, ELA Teacher/SH, effective end of
2021-22 school year. Sterling Dockweiler, Freshman Football Coach/SH, effective end of 2021-
22 school year, pending suitable replacement. Lynn Winnie, ParaEducator/GBR, effective April
22, 2022. Retirement: Marcy Jones, PH/W Teacher/MS, effective end of 2021-22 school year.
MTC New Hires: Lisa Tischler, Campus Store Assistant, $18.00/hr., effective April 1, 2022.
Heather Kulm, Admissions Representative, $8,640 (through June 30), effective April 25, 2022.
Donna Peterson, Temporary Summer Custodian, $15.00/hr., effective May 9, 2022. MTC
Resignations: Jamie McGowan Jr., Admissions Representative, effective March 15, 2022. Brian
Roberts, Wind Turbine Technology Instructor, effective end of 2021-22 school year. Motion
carried.
Motion #3551621
Motion by Christiansen, seconded by Flood to approve the settlement of a workers’
compensation claim recommended and approved by ASBSD Workers’ Compensation Fund for a
former employee of the Mitchell School District. Motion carried.
Motion #3551622
Motion by Flood, seconded by Ruml to declare the MTC Diesel Training Center Building as
surplus in order that it may be sold at a later date once the construction of an addition to the
Nordby Trade Center is completed. The physical address is 115 W. Pepsi St, (Harriet Street).
Legal description is: Lot Two-A (2-A), a subdivision of Lot Two (2), Block B of Westview Addition
to the City of Mitchell, Davison County, South Dakota, subject to all easements, reservations,
and restrictions of record. Motion carried.
Motion #3551623
Motion by Kenkel, seconded by Christiansen to approve the resolution to authorize
membership in the South Dakota High School Activities Association for the 2022-2023 school
year. Roll Call Vote: Kenkel, yes; Christiansen, yes; Flood, yes; Ruml, yes; and Olson, yes.
Motion carries.
Motion #3551624
Motion by Ruml, seconded by Kenkel to approve the adoption and renewal motion and
participation agreement with ASBSD for the Protective Trust South Dakota School District
Benefits Fund for the 2022-2023 school year. Motion carried.
Motion #3551625
Motion by Christiansen, seconded by Kenkel to approve the resolution approving the
amendment for changes to ASB Protective Trust Joint Powers Agreement and Bylaws. Roll call
vote: Christiansen, yes; Kenkel, yes; Ruml, yes; Flood, yes; and Olson, yes. Motion carries.
Motion #3551626
Motion by Christiansen, seconded by Kenkel to approve on first reading minor changes to
Board policies 1000-1200. Wording changes were on Policy 1002 Equality Educational
Opportunities, deleting Policy 1083 Spectator Buses, Policy 1086 Student Activities and National
Competition and Policy 1141 Community Use of Facilities. Motion carried.
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Motion #3551627
Motion by Kenkel, seconded by Ruml to move into executive session at 5:23 PM as per SDCL 1-
25-2 (1) to discuss the qualifications, competence, performance, character or fitness of
employee. Motion carries.
President Olson declared the meeting back in open session at 5:54 pm.
Dwight Stadler spoke to the Board about Administration salaries.
Motion #3551628
Motion by Christiansen, seconded by Ruml to approve a 6% raise in Administration
compensation, including Superintendent Dr. Graves salary for the 2022-2023 school year.
Motion carried.
School Board members reported on the meetings they had attended since the last meeting.
During the Superintendent’s report, Dr. Graves indicated that 15 of the current 18 teaching
openings have already been filled.
At public commentary, Steve Sibson read a prepared statement about his concerns of actions
taken by the school board over the last year.
There being no further business, President Olson declared the meeting adjourned at 6:23 pm.
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Cash Balance as of March 31, 2022
Beginning Balance, $23,982,699
General Fund Balance $7,569,801 Capital Outlay Balance $4,565,426, Special Education
Balance $593,608, Mitchell Tech Balance $8,031,962, Food Service Balance $1,269,968,
Driver’s Ed Balance $4,541, T/A Balance $2,029,144, James Valley Coop Balance $(35,898),
Capital Projects Fund Balance ($45,853)
Total Revenue, $5,396,698
General Fund $1,254,475, Capital Outlay $147,623, Special Education $235,692, Mitchell Tech
$2,999,315, Food Service $195,874, Driver’s Ed $-0-, T/A $563,719, James Valley Coop $-0-,
Capital Projects Fund $-0-
Total Expenditures, $4,274,566
General Fund $1,581,509, Capital Outlay $141,233, Special Education $389,199, Mitchell Tech
$1,541,161, Food Service $155,368, Driver’s Ed $-0-, T/A $397,756, James Valley Coop
$43,255, Capital Projects Fund $25,085.
Ending Balance, $25,104,831
General Fund $7,242,767, Capital Outlay $4,571,816, Special Education $440,101, Mitchell
Tech $9,490,116, Food Service $1,310,474, Driver’s Ed $4,541, T/A $2,195,106, James Valley
Coop $(79,153), Capital Projects Fund $(70,938)
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Mitchell School District Board Report-10009 Page: 1
04/21/2022 10:13 Am April 25, 2022 Bills Forum User Id: Dmo
Vendor Name Invoice Description Amount
Checking Account Id 1 Fund Number 10 General Fund
Acco Brands Usa Llc Covers 508.25
Aed Superstore Program Supplies 511.65
Al's Engraving Signs 50.65
Arctic Refrigeration, Inc. Equipment Repairs 984.98
Automatic Building Controls Fire Alarms Annual Inspection 7,087.84
Avera Queen Of Peace Sports Med Services 4,211.00
Bauder, Kyler Wrestling Official 200.00
Baum, Tina Track Official 150.00
Best Western Plus Ramkota Inn Lodging 4,139.55
Best Western Ramkota Hotel Lodging 879.92
Big E Auto Service Vehicle Service 3,128.21
Bio Corporation Science Supplies 709.68
Carpenter, Cade Wrestling Worker 185.00
Carpenter, Travis Wrestling Worker 620.00
Century Link Telephone Lines 75.17
Child 1st Publications Classroom Supplies 82.57
Ck Bicycles & Locks Llc Service Calls,Key Blanks 165.00
Comfort Suites University Lodging 94.00
County Fair, Inc Food Supplies 835.88
Daily Republic Minutes, Advertising 234.38
Dakota Potters Supply Llc Art Supplies 228.80
Dakota Two Way Two Way Radio Tower Rent 600.00
Darrington Water Conditioning Water Conditioning 112.20
Daylight Donuts & Coffee Baked Goods 61.19
Days Inn Facility Rental 75.00
De Boer, Bob Track Official 196.20
Demco Inc Library Supplies 1,113.13
Eai Education Classroom Supplies 88.85
Eau Claire Jazz Inc Jazz Fest Registration 200.00
Fed Ex Shipping Service 13.43
First Book Market Place Library Books 250.89
First Nat'l Bank Omaha Travel,Program Expenses 1,934.52
Flinn Scientific Classroom Supplies 1,096.11
Foreman Student Transportation 59,429.97
Graham Tire Company Vehicle Repair 723.43
Grainger O/M Supplies 63.44
Havlik, Brent Wrestling Worker 100.00
Havlik, Stratton Wrestling Worker 160.00
Hillyard/Sioux Falls Custodial Supplies 7,160.80
Huber, Lloyd Piano Tuning 215.00
Innovative Office Solutions Program & Office Supplies 318.04
Instrumentalist Awards Music 334.00
Interstate All Battery Center I Pad Repair 285.00
J & P Roofing Systems Inc Roof Repairs 1,127.55
Jones Supplies Custodial Supplies 8,240.60
Kone Chicago Elevator Maintenance 2,324.85
Lakeshore Learning Materials Program Supplies 244.87
Lakeview Golf Course Golf Supplies 480.00
Lifequest Shredding 41.82
Loecker, Roger Track Official 300.00
Mcleods Office Supply Printed Material & Supplies 1,124.25
Mega Wash Vehicle Washes 48.00
Menards O/M,Program Supplies 182.69
Midco Business Long Distance Service 2,045.94
Miller, Cheryl Subscription 29.88
Mitchell Iron & Supply Inc O/M Supplies,Repairs 193.81
7
Mitchell Plumbing & Heating Inc Service Calls 253.86
Mitchell Schools/Food Service Food Supplies 47.59
Mitchell Tech Corp Ed A D Meeting 114.00
Moody, Walter Wrestling Worker 100.00
Morgan, Teresa Membership Dues 100.00
Mount Vernon School District Entry Fee/Greenway Relays 150.00
Muth Electric Inc Electrical Service,Supplies 5,871.90
Nebraska Air Filter Inc Air Filters 444.30
Neugebauer, Lakin Wrestling Official 200.00
Office Advantage, The Copies 509.94
Palmer, Eric Wrestling Worker 40.00
Pepper Music 474.74
Performance Foodservice Ffvp 9,136.43
Pioneer Field Paint 1,699.60
Pmb 0112 Telephone Service 492.00
Popplers Music Store Music Supplies 199.80
Porta Phone Co Service Plan 449.00
Principals' Conference, The Registration 150.00
Qualified Presort Service Llc Postage 1,315.47
Riverside Technologies Managed Services 505.00
Runnings Supply, Inc. O&M/Program Supplies 158.41
S & M Printing Printing 105.00
Schmitt Music Music 63.87
School Specialty Llc Classroom Supplies 3,768.06
Schulte, Barb Baked Goods 36.00
Shannon, Marica Classroom Supplies 49.03
Sherwin Williams Paint Supplies 8.11
Siemsen, Christina Driver Ed Certification 3,436.40
Stahle, Ryan All State Band 68.00
Subway Meals 59.94
Sun Gold Sports Llc Program Supplies 360.00
Tessier's Inc Service Call/Mctea 548.02
Thunes True Value O/M Supplies 157.93
Total Fire Protection Annual Inspection/Pac 888.00
Triotel Communications Inc Telephone/Colonies 84.93
Tru By Hiltonrapid City Lodging 388.00
Voyager Fleet Systems Inc Fuel 1,624.72
Walmart Program Supplies 977.18
Wendelgass, Mark Track Official 196.20
Fund Number 10 151,229.42
Checking Account Id 1 Fund Number 21 Capital Outlay
Learning Sciences Int'l Textbooks 3,015.75
Lynx System Developers, Automatic Timer/Track,Cc 14,000.00
Office Advantage, The Printing Contract 2,090.34
Unclaimed Freight Counter Stools 339.95
Xerox Financial Services Copiers Lease 1,045.96
Checking Account Id 1 Fund Number 22 Special Education
Aba E Care Tuition 3,330.83
Career Connections Contracted Services 1,492.86
Children's Care Hospital Tuition 24,582.50
Isi Llc Interpreter Services 1,108.40
Sped Recipient Parent Mileage 67.20
Larson, Karin Professional Services 3,637.50
Lightspeed Technologies Inc Battery 7.00
Maeschen, Rachel Mileage 18.98
8
Mitchell Tech Corp Ed Slp Day 303.00
Palace Transit Student Transportation 3,640.98
School Specialty Llc Classroom Supplies 201.50
Sd Dept Of Human Services Tuition 13,119.05
Tanya's Interpreting Services Sign Language Interpreter 5,586.00
Voyager Fleet Systems Inc Fuel 449.27
Checking Account Id 1 Fund Number 23 Post Secondary
A Ox Welding Supply Inc Welding Supplies 456.88
Beheler, John Eagle Feather Ceremony 600.00
Beyondtrust Corporation Technology - Support Software 1,691.36
Bierschbach Equipment Boom Lift Repairs/Annual Inspection 3,173.83
Darrington Water Conditioning Salt 31.65
Dell Marketing L P It Cares Act 5,651.84
Division Of Motor Vehicles Lund Boat Registration 20.00
Elo Prof Llc Foundation Qbo Fees 260.00
Fenski, Dezarae National Nurse Educator Summit 1,043.42
Flordia State University Registration Fees 1,396.00
Freeman, Paula Clinical Visits 157.00
Graber, Michelle Cccc Registration 250.00
Grode-Hanks, Carol Bor & Bote Meeting 55.00
Highland Conference Center Llc Bote Social Glass Rental 18.75
Innovative Nonprofit Llc Consulting Services 5,750.00
Interstate Tire & Auto Ctr Mti 2 - New Tires 1,109.00
Jarding, Carena Baskets For Clinical Agency 13.31
Johnson Controls Cdl Boiler Repipe 13,016.06
Juhnke, Jason Hvac Conference 107.75
Koppers Utility Products Class 4 Rea Poles 28,555.00
Larson, Lisa Mlt Framed Wood Sign 25.00
Lawson Products Powersports - Hardware 430.86
Lindell, Aleta Sdla Speaker 490.71
Medialab Inc Exam Simulator 420.00
Mirion Technologies Inc Rad Therapy Instadose 50.00
O'reilly Auto Parts Diesel Power - Oil 120.77
Office Advantage, The Printing Contract 1,835.52
Ponderosa Rentals Storage Unit Rent - April 160.00
Sd Federal Property Agency Diesel Power 1,150.00
Sd Trucking Association Sdta Membership Dues 250.00
Two Elks, Claude Speaker For Eagle Feather Ceremony 500.00
Us Dept Of Veteran Affairs Va Refund 6,162.73
Xerox Financial Services Copiers Lease 502.24
Checking Account Id 1 Fund Number 26 Mti Enterprise Fund
Dakota Icf Llc House #109 9,258.14
Pella Windows And Doors House #109 - Sliding Doors 1,636.85
Checking Account Id 1 Fund Number 27 Mti - Cte Academy
A Ox Welding Supply Inc Welding Supplies 185.61
Advance Auto Parts Program Supplies 91.05
Builders First Source Program Supplies 774.02
9
Carquest Auto Parts Program,O/M Supplies 296.98
Napa Central Program,O/M Supplies 294.01
Runnings Supply, Inc. O&M/Program Supplies 14.97
Checking Account Id 1 Fund Number 29 Mti Corporate Training
Axsom,Kaden Welding Support 168.50
Elo Prof Llc Corp Ed Qbo Fees 75.00
Peterson, Travis Corp Ed Training Reimbursement 11.00
Fund Number 29 328.86
Checking Account Id 1 Fund Number 41 Capital Projects-New Senior
High School
Meierhenry Sargent Llp Bond Counsel Service 27,890.00
Puetz Design + Build Construction Meeting Fees 5,000.00
S & P Global Ratings Analytical Services 23,750.00
Schemmer Associates Professional Services 14,836.58
Sdhefa Credit Enhancement Program 10,000.00
Us Bank Cm9690 Pay Agent Fee 1,200.00
Checking Account Id 1 Fund Number 51 Food Service
Aramark Laundry Service 446.46
Chesterman Company Food Supplies 1,604.50
Darrington Water Conditioning Water Conditioning 366.37
East Side Jersey Dairy Inc Food Supplies 8,000.26
Jones Supplies Custodial Supplies 2,050.81
Mealtime Software Annual Subscription 3,175.76
Pepsi Mitchell Vending/Water 1,305.05
Performance Foodservice Food Supplies 91,556.14
Porter Distributing Co. Juices 195.00
Checking Account Id 1 Fund Number 52 Mti Bookstore Fund
Akademos, Inc. Books 1,618.64
10
Personnel Items/Regular Board Meeting– April 25, 2022
A. New Certified Hire:
Susan Mercer- 8th Science Teacher @ MMS
Compensation- $54.636.00
Effective- 2022-2023 School year
Mathias Day- MS Assistant Track

Compensation- $1,319.00
Ashley Zimmer- Assistant Girls Golf

Compensation- $1,253.00
B. Resignation:
Shantel Schrank-Paraeducator @ GBR
Effective- May 21, 2022
C. MTC New Hire:

Kaden Axsom- Welding Intern Level I
Compensation- $15.00/hr.
Effective- May 9, 2022
11
April 25, 2022
Agenda Item
Subject: Board Consideration to Review and/or Revise K-12 Board Policies 1000-1200 on
Second Reading
From: Joseph Graves
Nature of action requested:

Board Action X
Board Information
Scheduled report
Description of the item (including nature of the problem, program covered, impact, board
action desired, etc.)
Each spring or summer, the Board reviews and/or revises three sections of board policies
such that the entire K-12 board book is reviewed every four years. This spring, the sections
to be reviewed are 1000-1200. My recommendations for each of the policies within those
sections can be found immediately following this cover sheet. The full policies may be found
under the ‘School Board Policy’ section of the K-12 district website.
Based upon board comments/requests from April 11, I have made supplemental changes to
policies 1002 and 1141 for second reading. Additionally, the typo and format change
mentioned have now been made to the policies on the website.
Individual(s) who will attend the board meeting and speak to the item:
Joseph Graves, Superintendent of Schools
I will be able to review the item further at the school board meeting, if requested:
Name: Joseph Graves, Superintendent of Schools Date: 4.25.2022
12
Board Policy Review: Series 1000-1200
Series 1000: Students
1001 Student Policies Goals No Change

1002 Equality Educational Opportunities Revise
In the second line of the first paragraph, after “origin,” revise the remainder of the
Sentence with the following:
“…ancestry, or any other federally recognized constitutionally protected category in its

policies or programs.” By adding this language, our policy remains consistent with
federal expectations, since it is our legal obligation to do so.
In the first line of the second paragraph, insert the word “qualifying” between “all” and
“students”. This makes it clear that while all have equal access, many programs have
qualifying conditions for participation (socio-economic status, recognized disability, etc.)
Delete the entire third paragraph as unnecessary and seemingly contradictory to the
overall message of the policy.
1011 Compulsory Attendance Ages No Change

1012 School Entrance Age No Change
1013 School Admission Requirements No Change
1014 Immunization for Communicable Diseases Verification No Change
1015 Admission of Resident Students No Change
1016 Open Enrollment No Change
1017 Elementary School Attendance Areas No Change
1018 Elementary Transfers/Exception to Elementary Attendance Areas No Change
1021 Student Attendance No Change

1022 Exclusions and Exemptions from School Attendance No Change
1031 Student Discipline No Change

1032 Student Dress Code No Change
1033 Weapons Possession No Change
1034 Drug-Free No Change
1036 Student Suspension/Expulsion No Change
1041 Student Rights and Responsibilities No Change

1042 Searches No Change
1043 Prohibition of Corporal Punishment No Change
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1044 Student Due Process Rights No Change
1045 Student Complaints and Appeals No Change
1046 Student Grievance Policy and Procedures No Change
1047 K-12 Student Restraint and Seclusion No Change
1051 Medication Administration Policy No Change

1051a Administration of Medical Cannabis to Qualifying Students No Change
1051b Medical Cannabis Administration Form No Change
1052 Requirement for Student Physical Examinations No Change
1053 Student Psychological Services No Change
1061 Parent and Student Rights Regarding Student Records No Change

1062 Processing and Maintenance of Student Records No Change
1071 Extra-Curricular Participation Code of Conduct and Academic

Requirements No Change
1072 Guidelines for Implementing 1071, the Code of Conduct No Change
1081 Job Shadowing and World of Work No Change
1083 Spectator Buses Delete
Based on the fact that we’ve not offered or provided a spectator bus for the last 20 years, I think
it is safe to assume that this is a thing of the past. Thus, I am recommending we simply delete
this policy. Should these become something people wish to have again, we would then bring the
policy back.
1084 Fund Raising Projects No Change

1085 Interview of Students by Outside Agencies No Change
1086 Student Activities and National Competitions Involving Students
Representing the Mitchell School District No Change
14
Series 1100: School-Community Relations
1101 School-Community Relations Goals No Change

1111 Public Information Program No Change
1112 Public’s Right to Know No Change
1121 Relations with Parent Organizations No Change
1131 Relations with Other Government Agencies No Change
1132 Joint Use Agreements No Change
1141 Community Use of Facilities Revise
On page 2, under Classification 1, remove item 7:
“7. Educational Service Agency 3 functions for K-12 facilities.”
ESA 3 no longer exists.
Additionally, I am not recommending the addition of the PAC Gates

Auditorium at this time as we are still working on final costs of renting
that facility.
On page 3, delete the “SH Auditorium” facility, since it is no longer rented out to outside groups.
1151 Athletic Letter Recognition for Students (9-12) in an Organizations or

Club not Affiliated with the Mitchell School District No. 17-2 No Change
Series 1200: Education Agency Relations
1201 Education Agency Goals No Change

1211 Relations with other Schools and School Districts No Change
1212 Cooperative Educational Programs No Change
1221 Request to Conduct Research No Change
15
Mitchell School District 17-2
POLICY
Category Approval
Adopted Revised
Series 1000: Students
11/26/01
Reviewed
7/26/06, 6/28/10, 6/23/14, 5/14/18
EQUAL EDUCATIONAL OPPORTUNITIES MSD 1002
All students of the district will have equal educational opportunities. The Board will not discriminate on
the basis of race, color, creed, religion, sex, handicap, economic status, national origin, ancestry, or any
other federally recognized constitutionally protected category in its policies or programs.
To accomplish this policy on nondiscrimination, the Board will make every effort to provide all qualifying
students equal access with respect to admission or membership in school-sponsored organizations, clubs,
or activities; access to facilities; distribution of funds; academic evaluations; or any other aspect of school-
sponsored programs or activities.
LEGAL REFS.: Civil Rights Act of 1964, as amended in 1972, Title VI,
Title VII Executive Order 11246, 1965, amended by Executive
Order 11375 Education Amendments of 1972, Title IX (P.L. 92-318)
45 CFR, Parts 81, 86 (Federal Register, June 4, 1975,
August 11, 1975)
The American Disabilities Act, July 26, 1990
Education for All Handicapped Children Act (P.L. 94-142)
Section 504 of the Vocational Rehabilitation Act of 1973
SDCL 13-28-5; 13-28-6; 13-28-14
16
Mitchell School District 17-2
POLICY
Category Approval
Adopted Revised
Series 1100: School- Community 10/10/78, 6/8/92, 6/11/90, 1/9/95,
Relations 11/11/68, 3/10/61,
8/26/96, 8/23/99, 12/10/01,
1/13/70
1/10/05, 8/9/10, 6/25/12, 6/23/14
Reviewed
8/28/06, 6/23/14, 5/14/18
COMMUNITY USE OF K-12 FACILITIES MSD 1141
South Dakota statutes provide that the Board may rent or grant the use of school facilities or land belonging to the
District for any purpose which it may deem to be advisable as a community service for such compensation as it may
determine, provided that such use shall not interfere with school activities. Any person or persons using such facilities
or land shall be responsible to the District for any and all damages that may be caused by reason of such use or
occupancy. The District shall not be held liable for any suit for damages which might arise as the result of such use
or occupancy.
The Board of Education endorses the philosophy that school buildings and facilities should be available for public
use, while also recognizing the public’s expectation that the Board will ensure the appropriate care and management
of said facilities to accommodate public use as well as adequately accomplish the basic purposes of school facilities.
Any group or person using the buildings or facilities shall be responsible for the payment of such fees as may be
established for their use and for any damages incurred to the building, facility, land, equipment, or furniture during
such usage. Payment of approved fees will be required in advance. Additionally, groups may also be assessed fees
for kitchen and/or custodial personnel whether requested by the groups or required by the District, when such
personnel are not regularly on duty. Assessments for actual damages or set up/clean up costs will be made after the
use.
District administrators shall have access to all rooms and facilities at all times. They are given the authority to
terminate an activity which violates this policy at any time.
If more than one person or group requests the use of a facility, an equitable solution will be determined by the
appropriate administrator.
Smoking, tobacco use, as well as the use of e-cigarettes will not be permitted in the buildings. Alcoholic beverages
or other controlled substances will not be permitted in any building or on any school property.
The District reserves the right to revoke the permission to use the facility at any time. Furthermore, the following
activities are prohibited:
1. Partisan political meetings, or meetings of groups espousing a political cause.

2. Meetings of groups promulgating any theory or doctrine subversive to the laws of the United States or
any political subdivision thereof and advocating governmental change by violence.
3. Any activity that may violate the canons of good morals as reflected by community standards.
4. Any activity that may have potential for damage to buildings, grounds, or equipment beyond normal
usage.
5. Any activity in conflict with the purposes of the public schools.
6. Any activities which are in violation of discrimination statutes.
The following “classifications” are established for the purpose of determining fees for the use of the respective
facilities:
17
COMMUNITY USE OF K-12 FACILITIES 1141
Page – 2
A. Classification #1
1. Mitchell students under the supervision of certified District employees

for educational or district related purposes.
Mitchell School District employees may use facilities in which they work with family members for informal
activities with employee supervision.
2. Dakota Wesleyan University for use of approved areas of L. B. Williams Elementary.
3. MEA, MCEA, MATE.
4. State and local education professional groups;
5. Local charitable organizations for local charitable fund raising events.
6. Boy Scouts/Girls Scouts.
7. Educational Service Agency 3 functions for K-12 facilities.
B. Classification #2N/2A:
1. Local civic and patriotic organizations.

2. Local service clubs.
3. Local governmental units
4. Mitchell School District related groups as approved by district administration.
5. Local colleges, universities and other public post high local school
institutions offering education classes.
6. Youth Club Sports.
7. Private individuals.
C. Classification #3
1. Private and commercial groups upon approval by the administration.
Long term usage fees will be determined on a case by case basis and approved by the Superintendent.
City of Mitchell organizations as per the Joint Use Agreement may not be subject to the fee schedule but are
responsible for damages incurred to the building facilities, land, equipment, or furniture during usage.
Code Reference: SDCL 13-24-20
Adopted: 11/11/68; 3/10/61/Baseball Field; 1/13/70/Pool

12/10/01 revision renumbered the policy from 1135.1 to 1141
10/28/02 revision separated MTI facilities into Policy 1142 and added Tobacco Free requirements into policy.
1/10/05 revision added ESA3 to classification #1.
8/09/10 revision changed title to K-12 Facilities. Added Longfellow to Elementary Commons Area and Gymnasium. Deleted MS Swimming Pool.
6/25/12 revision updated fee levels and added personnel requirements.
6/23/14 revision added all tobacco use and e-cigarettes to the list of prohibited substances in school buildings.
18
K-12 FACILITY RENTAL FEE SCHEDULE (USER CLASSIFICATION)
FACILITIES 1* 2N 2A 3
Cafeteria/Commons 50 100 200 300

Kitchen 50 100 200 300
SH Gymnasium – Upper Gym 0 75 150 225
SH Gymnasium – Lower Gym 0 50 75 100
MS Gymnasium – Tile Floor 0 50 75 100
MS Gymnasium - Wood Floor 0 75 150 225
Elementary Gymnasium (LBW) 0 50 75 100
Elementary Gymnasium (GBR) 0 50 75 100
Elementary Gymnasium (LO) 0 75 150 225
SH/MS Locker Rooms 0 50 75 100
General Classrooms/K-12 0 15 30 45
Media Centers/K-12 0 50 100 150
Quintal Field/Kernel Stadium (No Lights) 450 500 500 600
Quintal Field/Kernel Stadium (With Lights) 500 550 550 700
Track/Kernel Stadium (No Lights) 450 500 500 600
Track/Kernel Stadium (With Lights) 500 550 550 700
Practice Fields 0 50 75 100
DDN Classrooms 0 10* 150 150*
Kitchen and/or custodial personnel will be required to be present at all events, except those explicitly waived by
administration. Kitchen/Custodial personnel costs will be assessed at $50/employee hour.
*Waivable or negotiable if district employee takes responsibility for the building, room, and equipment, at no cost to
the district.
2N Classification: Groups who sponsor an event with no admission charge and no fee charged to vendors
displaying products or vendors as co-sponsors.
2A Classification: Groups who sponsor an event with an admission charge and/or charge a fee to vendors for
displaying products or vendors as co-sponsors.
Classification 2N, 2A, and 3 will be charged an additional $10.00 per hour for any usage beyond three hours.
All rentals must be approved by the administrator assigned to approve the requested facility rental.
Shops and laboratories will not be available for rental.
Computer laboratories are not available for rental and will only be available for student use, staff use, staff in-service,
and school district sponsored community education.
The district will assess additional fees necessary to cover the cost of staff to operate equipment on a case by case
basis (ex. auditorium lights, sound systems, score clocks, dish washers, etc.) or to utilize athletic or other equipment.
19
FEE SCHEDULE CLASSIFICATION CODE CLARIFICATIONS 1141
LEASE OF SCHOOL FACILITIES
THIS LEASE, made this ___ day of ___________________, 20 ____, WITNESSETH,
The Mitchell Public School District #17-2, a public corporation, of 800 West Tenth Avenue, Mitchell, South Dakota 57301, hereinafter referred
to as “Lessor”, does hereby lease to _________________________________, hereinafter referred to as “Lessee”, certain facilities of Lessor
commonly described as ________________________________, for and during the period ________________________________, on the
following terms:
1. Lessee shall pay to Lessor the sum of ____________________________________.

2. The payment listed above shall be made at the time this contract is signed.
3. The Lessee agrees to take good care of the premises, to commit no waste and suffer no injury to be done to the same and to return
the possession of the same to be Lessor on the expiration of the Lease in as good condition as at the commencement of this Lease.
Any damage to premises during the time of the lessee will be the financial responsibility of the Lessee.
4. The Lessee shall not assign this Lease or sublet the premises, or any part thereof; or make any alterations in the building or premises,
without the Lessor’s written consent; or permit the same to be occupied for any business or purpose deemed extra hazardous on
account of fire, or permit any act which will invalidate any policy of insurance on said premises under penalty of forfeiture of this
Lease and the payment of all damages resulting from such act.
5. The Lessee shall comply with all laws of the State of South Dakota, the ordinances of the City of Mitchell, the rules, regulations and
policies promulgated by the Board of Education and Lessee shall not commit or permit any nuisances on the lease premises. In the
event of violation of such rules, laws, regulations, or policies the district retains the right to cancel this lease on an immediate basis.
6. The Lessee agrees to hold harmless, protect and indemnify Lessor from and against any and all losses, damages, claims, suits or
actions at law, judgments and costs, including attorney fees, which may arise or grow out of any injury to or death of persons or
damages to property, caused by, arising from or in any manner connected with the use or occupancy of the leased premises, whether
sustained by Lessee or Lessor, their respective agents or employees, or by any other third person or corporation which seek to hold
Lessor liable.
7. The Lessee agrees that the Lessor reserves all concession rights for all school facilities and may assign or operate them according to
its own judgment during the term of this lease. Questions regarding concessions in all school facilities should be referred to the
activities director.
8. As per Board Policy 518, all K-12 Mitchell School District school facilities and grounds will be tobacco/smoke free.
9. Lessee shall abide by all contracts and agreements of the Mitchell School District 17-2 including but not limited to the agreement
with Pepsi for the exclusive distribution of Pepsi products on school district premises.
10. Lessor requested Lessee required kitchen and/or custodial personnel shall be assessed at an additional $50/hour/employee.
11. Additional fees may be assessed for equipment usage by the appropriate administrator.
IN WITNESS WHEREOF, the parties hereto have each for themselves signed on the date and year first above written and hereby acknowledge
their authority to execute this Lease for and on behalf of the person or entity for whom they sign.

By ________________________________
Lessor
__________________________________
Lessee Date: ______________________________
Date: _____________________________
20
April 25, 2022
Agenda Item
Subject: Board Consideration to Review/Revise Mitchell Technical College Policy Series

1000-1200
From: Joseph Graves, Superintendent of Schools

Board Action X
Board Information
Scheduled report
Both the K-12 and MTI board policies are reviewed on a 4-year cycle. This spring/summer
includes the MTC policies 1000 (Student Policies), 1100 (School-Community Relations), and
1200 (Education Agency Relations).
I am asking that you approve the review/revision of these policies on first reading. It is my
intent to bring them back to you on second reading at the May 9, 2022 board meeting. A
representative of MTC and I will be available for policy questions at the meeting.
Representative, Mitchell Technical Collage

Name: Joseph Graves, Superintendent Date: April 25, 2022
21
Mitchell Technical College – May 2022
Board Policy Updates
Series 1000 Policies – Students

Policy No. Name Recommendations
1001 Student Policies Goals No change
Added MTC and USDOE contact
information for inquiries regarding
1002 Equal Educational Opportunities
application of equal opportunity. Updated
SDCL legal references.
1003 Student Handbook, Catalog No change
Removed proof of legal U.S. citizenship
1013 Admission Requirements
as a requirement for admission.
1014 Required Immunizations No change
Revised policy to align with current
1021 Student Attendance
practice.
Responsible personnel updated to align
1033 Weapons Possession
with MTC's organizational structure.
Removed statement regarding Title IV
financial aid suspensions due to drug
convictions. The USDOE repealed
1035 Drug-Free Campus eligibility restrictions for drug-related
convictions, effective June 17, 2021.
Compliance for dismissal of students
updated to MTC policy and not SDCL.
Non-academic Probation, Suspension, and Changed verbiage to current usage of
1036
Expulsion "warning" and "dismissal."
Student Interrogations, Searches and No change
1042
Arrests
1043 Prohibition of Corporal Punishment No change
1044 Student Due Process Rights No change
1045 Student Complaints and Appeals
Student Discrimination Grievance Policy Responsible personnel updated to align
1046
and Procedures with MTC's organizational structure.
Requests for transcripts are now made
through the MTC website. Language
1061 Student Records
added that records would be maintained
by the Mitchell School District in the
event of MTC's closure. Legal references
added.
1084 Fundraising Projects No change
1086 Participation in Student Activities No change
Added requirement for student contact
1087 Student Travel
information to be on file with MTC
administration and the supervisor of any
overnight trip.
22
Series 1100 Policies – School-Community Relations
Made clear that "board" refers to Mitchell
School Board. Added information on
1112 Public's Right to Know
South Dakota Board of Technical
Education meetings.
1142 Facility Usage Fees
1143 Facility Usage – Use of Alcohol
Series 1200 Policies – Education Agency Relations

1221 Request to Conduct Research No change
23
POLICY
Category Approval
Series 1000: Students Effective Administration Board
2/22/10 12/4/09 2/22/10
Revised For Review
6/22/15 2022
EQUAL EDUCATIONAL OPPORTUNITIES MTC 1002
All students attending Mitchell Technical College will have equal educational opportunities. The College
will not discriminate on the basis of race, color, ethnicity, creed, religion, age, gender, disability, military
status, national origin or ancestry, marital status, pregnancy, actual or perceived sexual orientation,
gender identity and expression, status with regard to public assistance, or any other status or condition
protected by applicable federal or state law in its policies or programs.
To accomplish this policy on nondiscrimination, the College will make every effort to provide all students
equal access with respect to admission or membership in school-sponsored organizations, clubs, or
activities; access to facilities; distribution of funds; academic evaluations; or any other aspect of school-
sponsored programs or activities.
The College recognizes, however, that in implementing this policy students vary widely in capabilities,
interests, and social and economic background, and that no two students can be treated exactly alike if
the fullest development of each is to be achieved.
Inquiries concerning discrimination and the application of Equal Opportunity may be referred to the
Mitchell Technical College contact, as follows:
Vice President for Operations and Human Resources

Mitchell Technical College
1800 E. Spruce St.
Mitchell, SD 57301
Phone: (605) 995-7204
OR
US Department of Education
Office for Civil Rights
One Petticoat Lane
1010 Walnut Street, 3rd floor, Suite 320
Kansas City, MO 64106
Phone: (816) 268-0550
Fax: (816) 268-0599
TDD: (800) 877-8339
Email: [email protected]
24
LEGAL REFS.: Civil Rights Act of 1964, as amended in 1972, Title VI,
Title VII Executive Order 11246, 1965, amended by Executive
Order 11375 Education Amendments of 1972, Title IX (P.L. 92-318)
45 CFR, Parts 81, 86 (Federal Register, June 4, 1975,
August 11, 1975)
The American Disabilities Act, July 26, 1990
Education for All Handicapped Children Act (P.L. 94-142)
Section 504 of the Vocational Rehabilitation Act of 1973
SDCL 13-28-5; 13-28-6; 13-28-14 13-37; 20-12; 20-13
6/22/15 – Additional protected statuses included.

5/XX/22 – Added MTC and USDOE contact information for inquiries regarding application of equal opportunity. Updated SDCL legal references.
25
POLICY
Category Approval

2/22/10 12/4/09 2/22/10
Revised For Review
6/25/18 2022
ADMISSION REQUIREMENTS MTC 1013
Any person 16 years of age or older is eligible to apply for admission to Mitchell Technical College,
regardless of previous education. Applicants will be accepted into educational programs in which they
demonstrate a reasonable prospect for success. The College reserves the right to admit applicants
based upon previous academic achievements and life experiences.
To be accepted to MTC and placed in a program, students must meet the admissions requirements of
the College and the requirements established for each program. College requirements are as follows:
 Applicant must provide proof that he/she is a legal US resident.
 Applicants must have a high school diploma or a high school equivalency certificate (GED) for
full-time admission. High school students requesting fulltime dual credit status must receive
approval.
 Applicants must complete the established application process.
 Applicants must meet the requirements of the selected program.
 Applicants must meet minimum entrance examination scores.
Admission to MTC is open to anyone without regard to race, color, ethnicity, creed, religion, age, gender,
disability, military status, national origin or ancestry, marital status, pregnancy, actual or perceived
sexual orientation, gender identity and expression, status with regard to public assistance, or any other
status or condition protected by applicable federal or state law.
6/22/15 – Additional protected statuses were added. Removed conditional acceptance provision.
6/25/18 – Clause removed stating that eligibility to apply is contingent upon the applicant's capability of benefiting from instruction.
5/XX/22 – Removed proof of legal U.S. citizenship as a requirement for admission.
26
POLICY
Category Approval

2/22/10 12/4/09 2/22/10
Revised For Review
2022
STUDENT ATTENDANCE MTC 1021
Attendance in all courses is considered important at Mitchell Technical College. Academic success and
student learning are closely related to attendance and participation.
Each instructor will include in his/her course syllabus the absence attendance policy for that class.
Because courses differ in design, delivery, and requirements, the effect of absence on a student’s grade
may vary.
In all cases of absence, it is necessary for students to make up work that is missed. It is the
responsibility of the student to make arrangements with the instructor(s) to make up missed work.
Additional attendance requirements may be required in specific programs.
5/xx/22 – Revised policy to align with current practice.
27
POLICY
Category Approval

2/22/10 12/4/09 2/22/10
Revised For Review
6/25/18 2022
WEAPONS POSSESSION MTC 1033
Students and nonstudents (including adults, visitors and staff) are not permitted to carry, possess, use,
store, distribute, transfer or transport a weapon in or on any school property, vehicle, or premises, or in
any other building or property being used for school purposes or functions, except as explicitly stated in
the provisions of this policy. A “weapon” includes any controlled, dangerous or deadly item, destructive
device or explosive, ballistic knife, stun gun, firearm or air gun, including those intended primarily for
imitative or noise-making purposes. MTC reserves the right to inspect any person, carrying bag, and/or
vehicle on campus when a violation of this policy is suspected.
For the purposes of this policy, the following definitions shall apply:
1. “Controlled weapons” shall include a firearm silencer, machine gun or short shotgun. A
firearm silencer is any instrument, attachment, weapon or appliance for causing the firing of
any gun, revolver, pistol or other firearm to be silent or intended to lessen or muffle the noise
of the firing of any such weapon. A machine gun is any firearm of whatever size and design
that automatically discharges two or more cartridges by a single function of the firing device.
A short shotgun is a shotgun with a barrel less than 18 inches long or with an overall length of
less than 26 inches.
2. “Dangerous or deadly weapon” is any firearm, knife or device, instrument, material or

substance, whether animate or inanimate, which is calculated or designed to inflict death or
serious bodily harm or which can be used or misused in a manner to cause death or serious
bodily harm.
3. “Destructive device” is any bomb, grenade, explosive missile or similar device or any
launching device therefore, or any breakable container which contains a flammable liquid with
a flashpoint of 150 degrees Fahrenheit or less and has a wick or similar device capable of
being ignited.
4. “Explosive” is any substance or combination of substances that is used for the purpose of
detonation and which, upon exposure to any external or internal force or condition, is capable
of a relatively instantaneous release of gas and heat.
5. “Ballistic knife” is a knife encased in a tubular metal sheath which when removed, uncovers a
detachable blade that can be propelled by a spring mechanism operated at the push of a
button.
28
WEAPONS POSSESSION MTC 1033
Page 2
6. “Stun gun” is any battery-powered, pulsed electrical device of high voltage and low or no
amperage that can disrupt the central nervous system can cause temporary loss of voluntary
muscle control of a person.
7. “Firearm” includes any weapon which is designed to expel a projectile by action of an

explosive, or any other means, the frame or receiver of any such weapon, a muffler or
silencer for a weapon, or any explosive, including any poison gas. This shall include BB
guns, paint ball guns, and air guns.
If a student violates this policy, the College may apply sanctions in accordance to MTC’s Non-academic
Probation, Suspension, and Expulsion policy (Policy MTC 1036).
Staff who violate this policy shall be subject to personal discipline procedures and South Dakota Codified
Law governing employment dismissal.
Exceptions
Exceptions allowed under this policy include the following:
 Any starting gun while in use at an athletic event;
 The ceremonial presence of any unloaded weapon at a color guard ceremony;
 Any weapon under the control of military or law enforcement personnel while carrying out official
duties; and
 Weapons carried by security personnel on campus for special events or other duties as assigned
by the President of the College.
Compliance Procedures
Any employee or student who becomes aware of a violation of this policy should immediately notify the
Vice President for Operations and Human Resources or an immediate supervisor.
Procedures for Exceptions
1. If a weapon is necessary for academic purposes or for a special visiting group, a request must be
provided in writing to the Vice President for Operations and Human Resources two weeks in
advance.
2. If event/activity is approved, the supervisor of the person having the weapon on campus must
follow the activities of the event/activity from start to finish.
3. Any other exemption to this policy must be in writing from the President of the College and
reported to the Vice President for Operations and Human Resources.
6/22/15 – Policy amended to include language reserving right for inspection of students and personal property upon suspicion of weapons
violation. Provisions were added to allow weapons on campus under explicitly stated conditions.
6/25/18 – Removed provision for storage of weapons by the institution. Changed responsible personnel to Vice President.
5/XX/22 – Responsible personnel updated to align with MTC's organizational structure.
29
POLICY
Category Approval
2/22/10 12/4/09 2/22/10
Revised For Review
6/25/18 2022
DRUG-FREE CAMPUS MTC 1035
PHILOSOPHY
Student and employee safety is a paramount concern to Mitchell Technical College, the Mitchell School
District No. 17-2, and the Board of Education. Alcohol and drug dependency is an illness and a hazard
that interferes with the ability to learn and function responsibly in the school setting and community.
Persons abusing controlled substances or under the influence of mood-altering or psycho-active
chemicals are a serious risk to themselves and to others. MTC recognizes that chemical abuse (drug
and alcohol) has become a serious problem in our country. Substance abuse problems are the
responsibility of the individual, home, and community, with the schools sharing in that responsibility. We
accept our obligation to establish a positive environment in which these problems can be addressed
locally in a helpful and supportive rather than a punitive way. The intent of this policy is to promote
healthy living through awareness, prevention, dependency education, and intervention.
LEGAL COMPLIANCE
It is the policy of Mitchell Technical College that the unlawful manufacture, distribution, dispensation,
possession, use, or being under the influence of a controlled substance on property of MTC or while a
student of MTC is engaged in an activity assigned as part of his/her involvement with MTC is prohibited
unless said controlled substance is used as prescribed by a doctor.
Students convicted of the possession of illegal drugs while receiving Title IV financial aid may have their
financial aid suspended for one year. If a student is convicted of selling drugs, they may have their
financial aid eligibility suspended for two years. Additional convictions will add at least two years to the
above suspensions.
PREVENTION
The objective of prevention is to promote the personal and social growth of individuals in order to avoid
drug and alcohol related problems. Serious health risks are associated with abusers of drugs and
alcohol. Heavy alcohol consumption can produce major, irreversible damage to the brain, heart, central
nervous system, liver, and other body systems, and may cause intellectual disabilities, birth defects, and
reduced weight to offspring of pregnant women. Some of the effects of commonly abused drugs include
skin disorders, malnutrition, ulcers, brain damage, life-threatening infections and diseases,
hallucinations, visual disturbances, convulsions, delirium, coma, speech and muscle impairment, violent
behavior, loss of concentration and memory, nausea, constipation, increase in pulse rate, damage to
liver, kidneys, blood and bone marrow, and death.
30
DRUG FREE CAMPUS MTC 1035
Page 2
MTC's drug prevention program includes annual distribution of this policy to all enrolled students;
educating students on the health risks and legal sanctions associated with abuse of alcohol and drugs;
and outlining clear procedures in the MTC Student Handbook on how MTC will handle suspected
incidences of violations to this policy.
Students are encouraged to seek assistance for substance abuse problems. Students can be assured
that voluntarily seeking assistance for these problems will not jeopardize the student’s status in school
and will be handled in a professional manner, and confidentiality will be protected to the full extent
permitted by law.
INTERVENTION PROCEDURES
The student who violates this policy will be referred to the administration of Mitchell Technical College.
The student will be referred to legal officials, agents, or agencies when appropriate. Depending on the
severity, the College may require chemical dependency evaluation and/or treatment by a trained
chemical dependency counselor. Expenses incurred are the responsibility of the student.
If a student is under the age of 21 or a dependent student, regardless of age, MTC may disclose to a
parent or guardian, without the student's consent, information regarding the student's violation of the use
or possession of alcohol or a controlled substance.
The student may be suspended or expelled dismissed from a program in compliance with SDCL 13-32-4
MTC Policy 1036.
Legal Reference: Public Law 100-690

SDCL 13-32-4
SDCL 34-20B-11 to 34-20B-26
Drug-Free Schools and Campuses Regulations (EDGAR Part 86)
6/22/15 – The period of ineligibility for Title IV financial aid funds was amended to match the federal regulations for student financial aid.
1/9/17 – Updated policy from "district" to "MTC". Further clarifications to language made to meet federal regulations and to focus policy to
students and not staff.
6/25/18 – A paragraph was added that MTC may disclose violations of this policy to parents when the student is a minor or a dependent.
5/XX/22 – Removed statement regarding Title IV financial aid suspensions due to drug convictions. The USDOE repealed eligibility restrictions
for drug-related convictions, effective June 17, 2021. Compliance for dismissal of students updated to MTC policy and not SDCL.
31
POLICY
Category Approval

2/22/10 12/4/09 2/22/10
Revised For Review
6/25/18 2022
NON-ACADEMIC PROBATION, WARNING, SUSPENSION AND EXPULSION DISMISSAL

MTC 1036
The Board authorizes the President or his or her designee to place on probation, suspend or expel
dismiss any student involved in any of the following:
A. Willful violation of any published regulation for student conduct adopted or approved by the Board
B. Conduct that substantially disrupts, impedes or interferes with the operation of any class or
activity
C. Conduct that substantially impinges upon or invades the rights of others
D. Conduct that has resulted in conviction of the student of any criminal statute of the State of South
Dakota or of the United States
E. Disobedience of an order a directive from a teacher an instructor, peace officer, or other school
authority, when such disobedience can reasonably be anticipated to result in disorder, disruption
or interference with the operation of any college class or activity or substantial and material
impingement upon or invasion of the rights of others
F. Possession of or consumption of alcoholic beverages or illegal or unauthorized drugs on college

property
G. Theft of any property belonging to MTC, faculty or staff, visitor or student
H. Willful damage to or destruction of property belonging to MTC, faculty or staff, visitor or student
Students will be afforded appropriate due process protections, including timely written notifications of all
actions, and access to an appeal process in accordance with policies MTC 1044 and 1045.
6/28/10 - Added reference to policies 1044 and 1045.

6/25/18 - Responsible personnel updated to align with MTI's organizational structure. Removed reference to 3.2 beer.
5/XX/22 – Changed verbiage to current usage of "warning" and "dismissal."
32
POLICY
Category Approval

2/22/10 12/4/09 2/22/10
Revised For Review
6/25/18 2022
STUDENT COMPLAINTS AND APPEALS MTC 1045
Mitchell Technical College recognizes that there may be conditions that are in need of improvement and
that students should have some means by which their concerns may be effectively expressed,
considered, and dealt with fairly. Such means, if well-conceived and understood in advance, can do
much to maintain harmonious relationships between the College and the students and community.
The College desires student complaints and appeals, including appeals of disciplinary consequences, to
be resolved through orderly processes and at the lowest possible level, and that channels be provided
for eventual hearing by the President in instances when this becomes necessary. Therefore:
1. Any student, or his/her parent or guardian if the student is of minority age, will be provided the
opportunity to discuss with the instructor or staff a decision or situation which he/she considers unjust
or unfair.
2. If the incident remains unresolved, the student, or his/her parent or guardian if the student is of
minority age, or the instructor may bring the matter to the attention of the Dean Director of Student
Success for his/her consideration and action.
3. If the matter is still unresolved after the procedure outlined above, it may be brought to the
President for his/her consideration and action.
If the matter is not resolved through MTC's processes outlined in this policy, students may choose to file
a complaint at the state level.
 Students who are South Dakota residents or who are attending courses on the MTC campus may
file unresolved complaints with the South Dakota Board of Technical Education, 800 Governors
Drive, Pierre, SD 57501. The BOTE office will only handle those complaints that concern
educational programs or practices of technical colleges and that have exhausted the individual
institution’s formal process for complaints. The office does not handle anonymous complaints,
nor does it intervene in matters concerning an individual’s grades or examination results, as
these are the prerogative of the college’s faculty.
 Students who are not South Dakota residents who are taking exclusively online courses may file
unresolved complaints with the South Dakota Board of Regents, 306 E. Capitol Avenue, Suite
200, Pierre, SD 57501. The SDBOR will only address complaints after a student has exhausted
his/her appeals at the institutional level. This process is for complaints that the institution has
violated deceptive trade practices or consumer protections or that the institution does not meet
standards established by the institution's accrediting agency or the State Authorization
Reciprocity Agreement (SARA). Complaints involving student grades or student conduct
violations are governed entirely by institutional policy.
33
PAGE 2
6/28/10 – Language outlining appeals to the Superintendent and Board was removed. President’s decision will be final.
6/25/18 – Responsible personnel updated to align with MTI's organizational structure. Federal guidelines require states to provide a process to
resolve complaints beyond the institutional level. The policy was amended to direct students to those resources if their complaints remain
unresolved.
34
PAGE 3
APPEAL FILING FORM
Date ___________________
Your name __________________________________________________________________

Indicate status as student or parent: ______________________________________________
Place where you may be reached:
Address: ______________________________________________________________
Phone: _______________________________________________________________
THE FACTS: (Please describe what happened in factual detail. Please identify witnesses or others who
were present. Describe the impact this had on you. Please identify any person(s) you may believe may
be responsible. Use additional paper if needed.)
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
__________________________________________________________________________________
If others are affected by the possible violation, please give their names:
__________________________________________________________________________________
PAST HISTORY: (Please describe any past incidents that you believe are related to the grievance.)
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
__________________________________________________________________________________
SUGGESTED REMEDY: (Please describe any corrective action [“remedy”] you wish to see taken with
regard to the possible violation. You may also provide other information relevant to this complaint.)
___________________________________________________________________________________
__________________________________________________________________________________
___________________________________
Signature of Appellant Date
_________________________________________
Signature of Person Receiving Appeal Date
35
POLICY
Category Approval

2/22/10 12/4/09 2/22/10
Revised For Review
6/25/18 2022
STUDENT DISCRIMINATION GRIEVANCE POLICY AND PROCEDURES MTC 1046
I. POLICY
It is the policy of Mitchell Technical College to provide a learning and working environment free from
discrimination. To that end, Mitchell Technical College requests students and employees to assist
the College in identifying barriers to a discrimination-free learning and working environment. The
following grievance procedure is provided as an avenue for the processing of complaints toward the
prompt, equitable, and appropriate elimination of unlawful discrimination from the learning and
working environment.
II. DEFINITIONS
A. Grievance: a complaint alleging a violation of any policy, procedure, or practice which would
be prohibited by Title IX, Section 504, and other federal and state civil rights laws, rules, and
regulations. Complaints of other natures should be pursued under Policy MTC 1045:
Student Complaints and Appeals.
B. Title IX: of the Education Amendments of 1972, the 1975, and 1980 implementing
regulations, and any memoranda, directives, guidelines, and subsequent legislation or
regulation that may be issued
C. Section 504: of the Rehabilitation Act of 1973.
D. Federal and State Civil Rights Laws, Rules, and Regulations: 1964 Civil Rights Act, Title VI,
Title VII as amended, Title IX, Age Discrimination Act of 1967 and 1975 as amended, Equal
Pay Act of 1963, Section 504, the Constitution of South Dakota, and implementing federal
and state rules and regulations.
E. Grievant(s): a student, parent, or guardian who submits a grievance
F. Mitchell Technical College, 1800 E. Spruce, Mitchell, South Dakota 57301
G. Title IX or Title IX/Section 504 Coordinator: the employee designated to coordinate the
College’s efforts to comply with equity regulations and facilitate processing of complaints
(hereafter Coordinator). NOTE: The College may authorize others to conduct investigations
of complaints.
36
Page 2
H. Day: a working day; the calculation of days in grievance processing shall exclude Saturdays,
Sundays, and school holidays
III. BASIC PROCEDURAL RIGHTS (Applicable to all levels of the grievance process)
A. The Title IX (or Title IX/Section 504) Coordinator (or authorized individual) shall receive
complaints, actively and independently investigate the merit of complaints and assist the
parties in prompt and equitable resolution of complaints. The Coordinator may be utilized as
a resource by any party at any level of this procedure.
B. This procedure does not deny the right of the grievant to file formal complaints with other
state and federal agencies (South Dakota Human Rights Commission or the United States
Department of Education Office of Civil Rights) or to seek private counsel for complaints
alleging discrimination.
C. In investigation of sexual harassment or sexual intimidation, it is recommended that the

grievant be accompanied by a friend, parent, or advisor of their own choosing for support
during any part of the process.
D. Retaliation against any person filing a grievance or any person participating in the
investigation or resolution of a grievance is a violation of law and constitutes the basis for
filing a separate grievance.
E. It is the policy of this College to process all grievances in a confidential manner, to the extent
possible.
F. The President, Vice-President, or School Board member of the district may request that the
Title IX Coordinator or any other authorized individual conduct an investigation of suspected
violations of Title IX. The investigator will prepare a report as outlined in Level 2 of the
grievance process.
IV. PROCESS
Level 1: Dean Director of Student Success (informal and optional—may be bypassed by

grievant)
Many problems can be solved by an informal meeting with the parties and the Dean Director of
Student Success. An exception is that complaints of sexual harassment should be discussed with
the first line supervisor or administrator that is not involved in the alleged harassment. Persons filing
complaints of sexual harassment should never be forced to confront the alleged harasser. Further,
handling of complaints through informal measures should not be used to impede the prompt
resolution of the complaint, and the grievant may bypass informal measures at any time to file a
formal complaint.
Level 2: Title IX (Title IX/Section 504) or Other Authorized Grievance Coordinator
If the complaint or issue is not resolved at Level 1, the grievant may file a written grievance stating:
1) the nature of the grievance; 2) the remedy requested; and 3) be signed and dated by the grievant.
The Level 2 written grievance must be filed with the Coordinator (or designated person) within sixty
(60) days of the event or incident, or from the date the grievant could reasonably have become
aware of such occurrences.
37
Page 3
Upon receipt of a written report alleging a grievance, the coordinator shall authorize an investigation.
The investigation may be conducted by the Coordinator, other MTC employees designated by the
Coordinator, or by a 3rd party designated by the Coordinator. The investigating party shall provide a
written report of the investigation within fifteen (15) working days to the Coordinator. The
investigating report will include the following:
1. A clear statement of the allegations of the grievance and remedy sought by the grievant.
2. A statement of the facts as contended by each of the parties.
3. A statement of the facts as found by the Investigator and identification of evidence to support
each fact.
4. A list of all witnesses interviewed and documents reviewed during the investigation.
5. A narrative describing attempts to resolve the grievance.
6. The Investigator's conclusion as to whether the allegations in the grievance are meritorious.
7. If the Coordinator believes the grievance is valid, the Coordinator will recommend appropriate
action.
The Coordinator will publish a decision within ten (10) days of receipt of the report. Copies of the
Coordinator's decision will be sent by certified mail to both parties to document receipt of the written
decision. A copy will also be sent to the President and district superintendent.
Level 3: President
Either party may make a written appeal to the President within ten (10) days of receiving the
Coordinator’s decision. The appeal must include the original complaint form, copy of the written
decision, and a written statement as to the reason for the appeal. The President will review the
material submitted and publish a decision to uphold, modify, or reverse the decision of the
Coordinator within ten (10) days of receipt of the appeal. Copies of the President’s decision will be
sent by certified mail to both parties to document receipt of the written decision.
Any recommended actions that are not under appeal will be implemented by the College within sixty
(60) days, unless with reasonable justification communicated to all parties.
Level 4: Superintendent of Schools
If either party is not satisfied with the decision at Level 3, either party may make a written appeal to
the Superintendent of Schools within ten (10) days of receiving the President’s decision. The
Superintendent will publish a decision within ten (10) days of receipt of the appeal. Copies of the
Superintendent’s decision will be sent by certified mail to both parties to document receipt of the
written decision.
The decision of the Superintendent of Schools will be final.
V. OTHER OPTIONS
38
Page 4
At any time during this process, a grievant may file a complaint with the South Dakota Division of
Human Rights (Labor & Management), 123 W Missouri Ave., Pierre, SD 57501 (605-773-3681) OR
with the regional Office for Civil Rights, U.S. Department of Education, One Petticoat Lane, 1010
Walnut St, 3rd Floor, Suite 320, Kansas City, MO 64106 (816-268-0550) OR take legal action.
With questions or complaints contact:
Title IX Coordinator: Vice President of Operations and Human Resources, (605) 995-3023
TECHNICAL ASSISTANCE AVAILABLE:
South Dakota Department of Education

800 Governors Drive
Pierre, SD 57501-2291
Phone: (605) 773-4771
South Dakota Division of Human Rights

123 W. Missouri Ave.
Pierre, SD 57501
Phone: (605) 773-3681
6/22/15 – Changed address to 1800 E Spruce St. Steps for appeal beyond the Superintendent were removed.
6/25/18 – Changed policy title to clarify that policy applies to situations of alleged discrimination for protected statuses. Updated contact
information for MTI Title IX Coordinator and state and regional offices dealing with Civil Rights violations. Clarified procedures for process of
investigation and appeals.
5/XX/22 - Responsible personnel updated to align with MTC's organizational structure.
39
Page 5
GRIEVANCE FILING FORM
Date ___________________
Your Name __________________________________________________________________

Place where you may be reached:
Address: ______________________________________________________________
Phone: _______________________________________________________________
THE FACTS: (Please describe what happened in factual detail. Please identify witnesses or others who
were present. Describe the impact this had on you. Please identify any person(s) you may believe may
be responsible. Use additional paper if needed.)
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
If others are affected by the possible violation, please give their names:
____________________________________________________________________________
PAST HISTORY: (Please describe any past incidents that you believe are related to the grievance.)
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
SUGGESTED REMEDY: (Please describe any corrective action [“remedy”] you wish to see taken with
regard to the possible violation. You may also provide other information relevant to this grievance.)
___________________________________________________________________________________
___________________________________________________________________________________
_____________________________
Signature of Grievant Date
_________________________________________
Signature of Person Receiving Grievant Date
40
POLICY
Category Approval

2/22/10 12/4/09 2/22/10
Revised For Review
6/25/18 2022
STUDENT RECORDS MTC 1061
The Family Education Rights and Privacy Act of 1974 (FERPA) is a federal law designed to protect the
privacy of a student's personal educational records. The law provides that the College will maintain the
confidentiality of each student's educational records and covers matters related to access to student
records and the disclosure of such records.
Basic Policy
No information other than Directory Information shall be released without written permission from the
student. Permission is valid for one year from the date it is filed with MTC. Parents/legal guardians
showing proof that the student is listed as a dependent on the family’s most recent tax return may have
access to the student records. At no time shall any information other than Directory Information be
released over the telephone.
Directory Information
The federal privacy act defines certain information as directory information. MTC personnel may, upon
request, orally, in writing, or electronically disclose directory information including:
• Student's name, address and phone number

• MTC issued email address
• Major field of study
• Dates of enrollment
• Degree(s) and award(s) received
• Most recent previous educational institution attended
• Participation in officially recognized activities and sports
• Information which denotes accomplishments or achievements
• Individual and group photographs
Although directory information is public, MTC personnel are encouraged to use professional discretion in
the release of this information. Mass information requests of directory information for solicitation
purposes will not be granted.
The College provides students with the opportunity to request nondisclosure of information. Students
who wish to request nondisclosure of directory information must contact the Registrar's office.
Exceptions to the Basic Policy

No one other than MTC personnel shall have access to, nor will the school disclose, any information
from the student's educational records (other than Directory Information noted previously) without the
written consent of the student except as follows:
41
PAGE 2
1. Providers of financial aid

2. Accrediting agencies carrying out accreditation functions
3. A judicial order
4. An emergency situation as determined by the President, Vice President, Registrar, or
designee
5. As of January 3, 2012, the U.S. Department of Education’s FERPA regulations expanded
the circumstances under which student education records and personally identifiable
information (PII) contained in such records — including Social Security Numbers, grades, or
other private information — may be accessed without the student's consent. First, the U.S.
Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, or state
and local education authorities (“Federal and State Authorities”) may allow access to student
records and PII without student consent to any third party designated by a Federal or State
Authority to evaluate a federal- or state-supported education program. The evaluation may
relate to any program that is “principally engaged in the provision of education,” such as
early childhood education and job training, as well as any program that is administered by
an education agency or institution. Second, Federal and State Authorities may allow access
to student education records and PII without student consent to researchers performing
certain types of studies. Federal and State Authorities must obtain certain use-restriction
and data security promises from the entities that they authorize to receive students' PII, but
the Authorities need not maintain direct control over such entities. In addition, in connection
with Statewide Longitudinal Data Systems, State Authorities may collect, compile,
permanently retain and share without student consent PII from education records and they
may track students' participation in education and other programs by linking such PII to
other personal information about students that they obtain from other Federal or State data
sources, including workforce development, unemployment insurance, child welfare, juvenile
justice, military service and migrant student records systems.
Additional Student Rights

FERPA provides an opportunity for a student to inspect and review his/her educational records. It
requires that students be notified about rights and existing records via at least one publication which is
distributed to the entire community. It also permits the student to request an opportunity for a hearing to
challenge the content of educational records believed to be inaccurate or misleading or in violation of the
student's right to privacy or other rights. (For information, contact the Vice President for Dean of
Academics or Registrar.)
1. All students wishing to review a copy of their educational record must present valid identification.
2. All students wishing to receive a copy of their educational records must make a written request to
the Registrar’s office.
Responsible Office
The Registrar or designee is the MTC official who coordinates inspection, review, and/or disclosure
procedures for student educational records.
Permanent Records/Transcripts - Permanent records are kept on all students. Official transcripts of
this information will be issued on the following basis:
1. Grade reports are issued to graduates at no cost. Grade reports issued to students are labeled
as “Issued to Student.”
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PAGE 3
2. All requests for transcripts must be made in writing. If requesting transcripts by mail, a student
must provide the name under which he or she was enrolled, the program, Social Security number
and the years attended.
Permanent records are kept on all students. Official transcripts may be requested through the MTC
website.
In the event of the closure of MTC, all permanent records of students and former students will be
maintained and available from the Mitchell School District 17-2, 821 North Capital, Mitchell, SD 57301.
LEGAL REFS.: Family Education Rights and Privacy Act of 1974 (FERPA)
34 CFR 668.24(3)(1) Standards for Participation in Title IV, HEA Programs
34 CFR 602.24(c)(6)
6/22/15 - Provision was added to allow students to request nondisclosure of directory information. Another exception to the basic policy was
added in accordance with expanded U.S. Department of Education's FERPA regulations.
6/25/18 – Responsible personnel updated to align with MTI's organizational structure.
5/XX/22 - Responsible personnel updated to align with MTC's organizational structure. Requests for transcripts are now made through the MTC
website. Language added that records would be maintained by the Mitchell School District in the event of MTC's closure. Legal references
added.
43
POLICY
Category Approval

2/22/10 12/4/09 2/22/10
Revised For Review
6/25/18 2022
STUDENT TRAVEL MTC 1087
Mitchell Technical College's philosophy is that student travel is an integral part of the students’ learning
experiences. Travel, when coordinated through MTC, accomplishes the following outcomes:
 Provides students with opportunities to observe professionals in their work settings
 Creates potential opportunities for student employment through interaction with employers
 Exposes students to new technologies and processes
 Provides an opportunity for personal and professional development
 Provides students the opportunity to apply acquired skills by competing in state and national
competitions
 Broadens students’ perspectives and promotes civic awareness and responsibility
In order to fulfill these purposes, it is important that MTC provides the opportunity for all students to
participate at reasonable costs in various student tours, trips, conferences, competitions, etc. The School
Board authorizes MTC’s administration to carry out regulations regarding student travel.
Basic Travel Guidelines
All student travel will follow these basic guidelines:
 Student participation in travel activities is optional.
 Travel will not adversely affect or be detrimental to the student or academic program.
 All student travel will be under the direction of a Mitchell Technical College supervisor. An MTC
employee will serve as the key supervisor and will be responsible for the overall trip. Other MTC
employees, employee spouses, advisory committee members, industry representatives, MTC
alumni, and/or MTC students will serve as additional supervisors as needed.
 The proposed travel itinerary will be feasible within the time allotted.
 Overall travel costs and student individual costs will be reasonable.
 Recreational travel will be confined to weekends, holidays or vacation periods.
44
PAGE 2
 Mitchell Technical College employees may not receive compensation for school sponsored trips from
sources other than MTC except for reimbursement of expenses.
 The opportunity for student participation will comply with MTC’s nondiscrimination policies.
 The application of rules of student conduct as outlined in the MTC Catalog and Student Handbook
will apply to student travel.
Travel is divided into two categories:
1. Day Trips
Day trips are student trips of one day or less. Plans for day trips will be presented to the Dean of
Vice President for Academics or designee for review and approval two weeks in advance of the trip
to provide opportunity to review transportation, supervision arrangements, costs and budget
limitations and to arrange qualified substitutes where necessary. If the travel is part of an approved
course syllabi, a one-week notice is required.
2. Overnight Trips
Overnight trips of any duration require the Dean of Vice President for Academics' approval and must
be submitted two weeks in advance of the trip date.
The following guidelines apply to overnight trips:
 Waiver/release forms from each student participating in the trip must be on file as a prerequisite for
participation. If a student is under 18, this waiver must also be signed by a parent or guardian.
 Instructors must have a written plan in place that provides educational alternatives with adequate
supervision for non-participating students.
 Emergency contact information for each student participating in the trip must be on file with the Vice
President for Academics prior to the trip. Emergency contact information for each student must also
be in the possession of the supervisor accompanying students on the trip.
 Trips may require a student participation fee to defray travel costs.
 Fundraising opportunities may be provided for those students wishing to help defray the costs of the
trip.
 Expenses for meals or other items may be borne by the participant.
 When commercial vehicles are used, a supervisor must ride in each vehicle.
 When appropriate, a supervisor will make arrangements for meals before the trip begins.
 When private vehicles are used, the supervisor will verify that drivers have a valid driver’s license
and are insured motorists.
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PAGE 3
 When transportation, lodging and meal expenses are paid by the school, reimbursement to vendors
will be made in accordance with District policy.
Privately Sponsored Trips

Except by permission of the President or designee, no promotion or enrollment of students for privately
sponsored trips is permitted on college property, nor should employees of MTC promote or enroll
students for non-school sponsored travel on college property.
6/25/18 – Responsible personnel updated to align with MTI's organizational structure.

5/XX/22 – Responsible personnel updated to align with MTC's organizational structure. Added requirement for student contact information to be
on file with MTC administration and the supervisor of any overnight trip.
46
POLICY
Category Approval
Series 1100: School-Community Effective Administration Board
Relations 2/22/10 12/4/09 2/22/10
Revised For Review
2022
PUBLIC’S RIGHT TO KNOW MTC 1112
Mitchell Technical College is a public institution, and thus supports the right of the people to know about
its programs and services and will make every effort to disseminate information. All requests for
information will be acted on fairly, completely, and expeditiously.
The Mitchell School Board is a public servant, and its meetings and records will be a matter of public
information except as such meetings and records pertain to individual personnel and other classified
matters permissible under the law.
The official minutes of the Mitchell School Board, its written policies and regulations, and its financial
records will be open for inspection at the office of the superintendent by any citizen desiring to examine
them during hours when the office is open. No records pertaining to individual students or staff members
will be released by the superintendent or other persons responsible for the custody of confidential files
for inspection by the public or unauthorized persons. The exception to this will be information about an
individual employee or student that has been authorized in writing for release by the employee or
student, or student’s parent.
South Dakota Board of Technical Education meetings are open to the public and are subject to
provisions of SDCL 1-25 regarding official meetings of state boards, commissions, and departments.
LEGAL REFS.: SDCL 13-8-43

SDCL 13-39A – 7
SDCL 1-25
5/XX/22 – Made clear that "board" refers to Mitchell School Board. Added information on South Dakota Board of Technical Education meetings.
47
APPLICATION FOR ACCESS TO PUBLIC RECORDS MTC 1112
TO: Superintendent of Schools
______________________________________
Name of Agency
______________________________________
Address
I hereby apply to inspect / copy the following record:

(circle one)
____________________________________________________________________________
NOTE: The charge for copying records shall be 10 cents per page.
______________________________________ _______________________
Signature Date
______________________________________ _______________________
Representing Mailing Address
---------------------------------------------------------------------------------------------------------------------------
APPLICATION FOR ACCESS TO PUBLIC RECORDS
Approved _______
Denied _______
Record of which the district is Legal Custodian cannot be found. ________________
Record is not maintained by this district. ____________
_________________________ _______________________ _________________

Signature Title Date
-------------------------------------------------------------------------------------------------------------------------------
NOTICE: You have a right to appeal a denial of this application to the Board of Education.
___________________________________ ___________________________________
Name Business address and telephone number
I hereby appeal:
___________________________________ ___________________________________
Signature Date
48
POLICY
Category Approval

Relations 2/22/10 12/4/09 2/22/10
Revised For Review
6/22/18 2022
FACILITY USAGE FEES MTC 1142
The facilities of Mitchell Technical College are available on a first confirmed/first served basis in
accordance with this policy. All reservations are made and confirmed through the MTC Events and
Corporate Education Coordinator Events Coordinator.
The facilities are available for use at no charge by the Mitchell School District, Mitchell Technical
College, and the Mitchell Technical College Foundation for educational and school-related purposes.
It is available for all other users according to the published fee schedule. The President or the appointed
designee must approve exceptions to these fees.
All expenses that are incurred by users from third party providers are the responsibility of the user.
These include but are not limited to telecommunications charges, purchase of special programming,
technology support not otherwise available from the Technology Center and not covered under the fee
schedule, and catering services. MTC reserves the right of approval for the third-party providers.
8/9/10 – Office of Business & Industry Training changed to Office of Corporate Education.
6/25/18 – Responsible personnel updated to align with MTI's organizational structure. Transponder time is not available at MTI, so statement
regarding this expense was removed.
49
POLICY
Category Approval

Relations 2/22/10 12/4/09 2/22/10
Revised For Review
2022
FACILITY USAGE – POSSESSION, USE AND
DISTRIBUTION OF ALCOHOL MTC 1143
Introduction
The Mitchell Technical College (MTC) receives requests from a variety of groups for the use of the
buildings and grounds of the College. Some of these groups have direct ties to the College, some have
ties due to the use of the facilities because of training, and others have ties via partnerships and other
relationships, i.e., the Chamber of Commerce, Economic Development, and area businesses.
Sometimes these requests include the serving of food and beverages. On occasion the beverage
request is for alcohol.
While MTC is well-known for its Culinary Arts program and actively seeks to promote it, the College does
not engage in the serving of food in the College or in the community unless there is a tie to MTC and/or
there is a benefit to the Culinary Arts program or College in terms of instruction and promotion. When
possible, the College uses the services of food vendors in the community. Alcohol is not currently served
on the MTC campuses except for as provided for below.
Policy Intent
It is the intent of this policy to set up guidelines for the possession, use, and distribution of alcohol when
requested for those events and activities held on the Mitchell Technical College’s campuses controlled
by the Mitchell School District Board of Education. The intent is to accommodate groups, like, but not
limited to: the MTC Alumni Association, the MTC Foundation, the MTC Advisory Committees, the
Mitchell Area Technical Educators and others who use the facilities and have either a direct tie to the
College or are using the College for training and a social event is desired that is incidental to the training.
These events are known as “closed events” – invitational events at which the majority of guests are over
21 years of age.
No possession, use, or distribution of alcohol is permitted on premises controlled by the Board of

Education except as provided in this policy. Possession, use or distribution of alcoholic beverages in
a lawful manner is permitted on premises controlled by the Board of Education which have been
designated by the President of Mitchell Technical College as places where such possession, use and
distribution may be granted, subject to such conditions as the president may also prescribe.
Alcoholic beverages are not permitted on premises controlled by the Board of Education at any student-
sponsored program, activity, or event including College-recognized clubs and organizations and the
Student Representative Board.
Closed Events – Serving alcoholic beverages

Closed events must adhere to the following guidelines:
50
FACILITY USAGE – POSSESSION, USE AND DISTRIBUTION OF ALCOHOL MTC 1143
Page 3
1. Applications for an event on Mitchell Technical College’s premises must be in writing and
submitted to the appropriate building coordinator MTC President.
2. The event must have an authorized person over the age of 21 from the group who is to be in
charge of the event. This person’s name must be noted on the facilities reservation form filed
with the facility coordinator MTC Events Coordinator.
3. The event must be by written invitation or notice only.
4. A procedure must be in place to identify individuals under the age of 21, i.e., wrist bands for
those over 21.
5. Alcoholic beverages include only wine or beer. No kegs are allowed.
6. Non-alcoholic beverages must be available.
7. The sponsoring organization and authorized person has the responsibility to ensure the
compliance with all legal requirements.
8. Signs must be prominently displayed that state:
a. Alternative beverages are available.
b. It is illegal for persons under the age 21 to procure or consume an alcoholic beverage.
c. It is illegal for persons to procure an alcoholic beverage for anyone under the age of
21.
9. Hold Harmless – Individuals/groups using MTC premises agree to indemnify and hold the
Mitchell School District, its officers, and its employees harmless from any and all liability for
loss, injury, and damages to any person or persons or property that may be sustained by
reason of occupancy and use of the MTC premises.
Authorization
Authorization must conform to the following:
1. The event must be monitored to prevent consumption by a person not of legal age.
2. Possession, use, and distribution of alcohol must be in connection with a substantive event at
which alcohol is not the primary focus.
3. Food and non-alcoholic beverages must be available.
4. An event will not be allowed when MTC does not think it is appropriate. This includes the time
of the event as well as the other school activities or events on campus that are concurrent
with the event.
Marketing Guidelines
1. In all advertising, no reference to alcohol is permitted. Suggested wording is: drinks or drink
specials.
2. Advertising free drinks or 2-for-1 or other multiple-drink specials is prohibited.
3. Advertising of competitive drinking games is prohibited.
4. In on-campus advertising, including posters, banners and table tents, reference to drinks
must be in smaller print than the print size for the event advertised.
5. Availability of food and non-alcoholic beverages must be prominently displayed in the
advertising.
6. Advertising must be accompanied by a non-use message such as “Drink Responsibly,” “Don’t
Drink and Drive,” or “Use a Designated Driver.”
Risk Management Practices
1. Usage of and consumption of alcohol must be in connection with an event.

2. Possession, use, or distribution of alcohol by persons under age 21 is prohibited. A system
must be implemented to ensure that alcohol is not available to under-age persons or to
persons who appear to be intoxicated.
51
FACILITY USAGE – POSSESSION, USE AND DISTRIBUTION OF ALCOHOL MTC 1143
Page 3
3. Access to the event must be controlled.

4. Possession, use or distribution of alcohol must be permitted only within designated and
monitored areas for the event.
5. Reasonable amounts of food and non-alcoholic beverages must be served for the duration of
the event.
6. Possession, use or distribution of alcohol must not exceed the duration of the event.
7. Competitive alcohol consumption games are prohibited.
8. Carpooling and/or designated driver options must be strongly encouraged by the event
sponsor.
52
April 25, 2022
Agenda Item
Subject: Board Consideration to Mark 2022 Constitutional/By-Laws Amendment

Ballots for South Dakota High School Activities Association

Board Action X
Board Information
Scheduled report
Immediately following this cover sheet, you will find ballots for 7 constitutional/by-laws
amendments, for the South Dakota High School Activities Association.
Based on these ballot options and after discussion with Mr. Cory Aadland, activities director
for the Mitchell School District, I am recommending a favorable vote on all 7 amendments. I
am also including the following summary of the changes from Dan Swartos of the SDHSAA:
 Amendment 1- Corrects it to our current practice- the Board of Education and

Superintendent sign, not the high school principal. We no longer charge a $3 entry fee to
get into the membership.
 Amendment 2- The Board suspended all dues and fees in FY21 to take effect FY22. This just
notes as much within our Constitution.
 Amendment 3- Removes No Child Left Behind as a reason for a hardship request for transfer
because NCLB no longer exists. We did not replace it with ESSA because with the advent of
distance learning, the historical reason for using this as a hardship (a student has completed
the full academic offerings at a school) is no longer necessary.
 Amendment 4- This is requiring sign off by the Superintendent/CEO or Board of Education
on Level 2 or Level 3 hardship appeals. It is also changing the composition of the Level 2
appeals committee from three random administrators to three members of our Board of
Directors and the composition of the Level 3 appeals committee from the full Board of
Directors to the remaining members of the Board of Directors who were not involved in the
Level 2 appeal committee.
 Amendment 5- Change to or reflect new Alternative Instruction laws.
 Amendment 6- Same, but for middle school students participating in varsity level
athletics/activities.
 Amendment 7- Utilizing a free/reduced lunch factor in classification.
You will notice that for the first 6 amendments, the changes are either to bring the
constitution/by-laws in line with current practice or to bring them into line with ‘recent’
legislative changes.
53
However, amendment 7 is different. Essentially, this amendment would mean that school
districts with disproportionately larger percentages of students who qualify for free/reduce
price meals to have an official count, for purposes of classification, smaller than their actual
student enrollment. This would allow them to compete against schools with smaller
enrollments, since higher free/reduced percentages are usually associated with lower
percentages of extracurricular participation. It would make such schools more competitive.
While this would have absolutely no impact on Mitchell, or any of the larger South Dakota
schools, I do see it as a means of securing a more even playing field for some South Dakota
schools and so would support it as well. If actual experience in the future were to highlight
some unforeseen inequity from such a policy, then I think the SDHSAA could revisit this in
the future.
Thus, my recommendation is to mark our ballots in favor all of all 7 amendments.
Cory Aadland, Activities Director
54
SOUTH DAKOTA HIGH SCHOOL ACTIVITIES ASSOCIATION
2022 OFFICIAL AMENDMENT BALLOT
The deadline for the return of this ballot is May 31, 2022. In order to pass, a proposal must
receive a 60% favorable vote. Please refer to the accompanying document for the text of the
amendment and the rationale that was given at the Annual Meeting of the Board of Directors.
AMENDMENT NO. 1
Yes
ç No
Name of Member School Date
Signature (Superintendent or Principal) Signature (School Board President)
Unless there are TWO signatures, this ballot will be unacceptable and declared void.
BALLOTS DUE: May 31, 2022
55
SOUTH DAKOTA HIGH SCHOOL ACTIVITIES ASSOCIATION PROPOSED
AMENDMENTS TO CONSTITUTION AND BYLAWS
AMENDMENT NO. 1
Amend Article III, Section 1 of the SDHSAA Constitution as such:
SECTION 1. APPLICATION FOR MEMBERSHIP. Any high school approved and

accredited by the secretary of the department of education and cultural affairs, except
such schools as have been expelled and have not been reinstated under Art. VIII of this
Constitution, may become a member of this Association by (1) submitting a statement
signed by a proper school official to show that the governing board has taken action to
approve the application for membership and, also, to approve this Constitution and these
Bylaws; (2) designating its official representative; and (3) having the principal (or
superintendent) Superintendent (or Chief Executive Officer) and Board of Education of
the high school subscribe in writing to this Constitution and Bylaws; (4) paying the three
dollar ($3.00) initial membership fee, and the dues for the current year. The Association’s
year shall begin on July 1 and end on June 30.
Rationale: This changes the language to reflect actual practice. We do not require any
initial membership fee, and the annual resolution authorizing membership in the
SDHSAA is signed by the School District Superintendent and Board of Education.
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AMENDMENT NO. 2
Yes
No
57
AMENDMENT NO. 2
Amend Article III, Section 3 of the SDHSAA Constitution as such:
SECTION 3. DUES. Each member school shall pay dues for each student enrolled in
grades 9, 10, 11 and 12. The amount of dues per student and the minimum and maximum
dues per school will be recommended by the Board of Directors. Each member school
will have an opportunity to vote on the Board of Director’s recommendation with the
majority prevailing. Entry fees for all events shall be determined by the Board of
Directors. (By Board Action in the 2020-21 school year, the SDHSAA has suspended
membership dues and fees, beginning in FY2022.)
Rationale: Reflects board action, as recommended by SDHSAA staff, beginning in

FY2022. If reinstatement of membership dues is financially necessary in the future, the
membership and Board of Directors will have an opportunity by policy to decide on the
structure of those dues.
58
AMENDMENT NO. 3
Yes
No
59
AMENDMENT NO. 3
Amend Article VII, Section 3, Subsection J of the SDHSAA Constitution as such:
J. The Board of Directors, or the Executive Director, as hereinafter provided in Section

10, shall have authority to waive the enforcement of the transfer rule when it appears that
an individual student would be unjustly penalized because of (1) death of a parent; (2)
divorce; (3) court adjudicated separation of the parents; (4) change in economic status of
the parents beyond the control of the student’s family which forces the transfer. A waiver
under this sub-section shall only be granted when the economic change is a foreclosure,
bankruptcy, or parents loss of job which would require documentation by the parents; (5)
assignment, by any governmental agency of a student to a particular school or school
district; (6) assignment, by any governmental agency, of a student to a facility such as
McCrossan Boys Ranch; (7) No Child Left Behind—NCLB; and (87) any other
circumstance of a similar serious nature.
Rationale: NCLB no longer exists, and there are no feasible reasons by which a student
would need a waiver of the transfer rule due to ESSA. This was used in the past when
students had completed the entirety of available course offerings within a school. With
distance learning and dual credit possibilities due to technological advancements, this
reason for hardship is no longer needed.
60
AMENDMENT NO. 4
Yes
No
61
AMENDMENT NO. 4
Amend Article VII, Section 10 of the SDHSAA Constitution as Such:
SECTION 10. CONTROL OF ELIGIBILITY OF STUDENTS. Since it is important that

eligibility cases be processed as rapidly as possible, the number of days indicated at each
level should be considered as maximum, and every effort should be made to expedite the
process. The time limits specified may, however, be extended by mutual agreement in
writing. The term “days” when used in this policy will mean working days. (Monday-Friday
except holidays)
The eligibility of students of member high schools to participate in South Dakota High
School Activities Association events will rest with the Board of Directors of the Association
under the powers of Section 3 above.
LEVEL ONE: EXECUTIVE DIRECTOR

Initial rulings on request for interpretations regarding eligibility based on the Association
Constitution and Bylaws, including rulings on all hardship cases, will be made by the
Executive Director. Once the request is received in the SDHSAA office, the Executive
Director will render a decision in writing to the aggrieved party within fourteen (14) days.
LEVEL TWO: APPEALS COMMITTEE

The member school aggrieved by a decision of the Executive Director in eligibility cases may
appeal such decision to an Appeals Committee of the SDHSAA within seven (7) days after
receiving notification of the Executive Director’s decision. Such requests will:
A. be made in writing
B. be signed by the Superintendent/CEO or Board of Education of the member school
requesting the appeal
C. include a detailed explanation of the factual situation as per the particular question or
questions involved and
D. be directed through the office of the Executive Director of the SDHSAA.
The Appeals Committee will be appointed by the Executive Director and will consist of three
(3) members of the SDHSAA Board of Directors, one of whom will be designated as the
chairman of the committee. All members of such an Appeals Committee will be
superintendents, high school principals, athletic/activities directors, or board of education
members of member schools but nNo representative will be named from a school which is
involved in the decision. The Executive Director of the SDHSAA will establish a date and
conduct a hearing within seven (7) days and will advise all interested parties and committee
members of the time, place and purpose of the hearing.
The hearing conducted by the Appeals Committee will be fair, impartial and in accord with
due process of law. The Appeals Committee will have the authority to investigate the factual
situation as per each request and require that additional, specific information be submitted.
The aggrieved party and the Board of Directors will have the right to be represented by
counsel; to examine and cross-examine witnesses; and to present evidence of all relevant
nature in the matter before the Committee. The Appeals Committee will render a decision
62
within seven (7) days following the hearing. Any decision made by the Appeals Committee
may be appealed to the Board of Directors. Such requests will:
A. be made in writing
B. be signed by Board of Education or the Superintendent/CEO of the member school
requesting the appeal
C. include a detailed explanation of the factual situation as per the particular question or
questions involved and
D. be directed through the office of the Executive Director of the SDHSAA.
LEVEL THREE: BOARD OF DIRECTORS

Appeals from the three member of the decision of the Appeals Committee shall be
initiated by the member school and will be to the Board of Directors of the SDHSAA.
The three SDHSAA Board of Directors members involved in the Level Two appeal shall
not participate in the Level Three appeal. The request will be filed within seven (7) days
after receiving notification of the decision of the Appeals Committee. The decision of the
Board of Directors will be final. The Executive Director and/or the Board of Directors
will have the authority to investigate the factual situation as per each request and require
that additional specified information be submitted. The Board of Directors will hear
appeals during their next regularly scheduled meeting, unless it is agreed upon by the
Board of Directors to hear the appeal in a special meeting due to timeliness of the
request.
Written notification of the decision of the Board of Directors will be rendered through the
office of the Executive Director within seven (7) days following the Board of Directors
hearing.
Nothing herein contained will prohibit the Executive Director or the Board of Directors
from initiating investigations of cases of eligibility, including the right to require that
information pertinent to such investigations be submitted. The Board of Directors can
issue rulings resulting from such investigations in the same manner and with the same
force and effect as decisions rendered pursuant to written requests.
All decisions of the Board of Directors rendered pursuant to this section shall be final.
Rationale: The Executive Director processes approximately 80-100 hardship requests

per year, and a growing number are being appealed to levels two and three without
knowledge of the school’s Superintendent or Board of Education. In addition, the current
level two process relies on a random sampling of three membership administrators to
fully understand the SDHSAA constitution and by-laws and puts those administrators in a
difficult position. Involving members of the Board of Directors in the Level Two process
allows for participation from individuals with a deeper understanding of SDHSAA
processes and involves individuals who have been voted in as a Board Member by the
SDHSAA membership to represent their interests.
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AMENDMENT NO. 5
Yes
No
64
AMENDMENT NO. 5
Add Sub-Subsection 6 to Chapter I, Part IV, Section 1, Subsection D of the SDHSAA

By-Laws as such:
6. Alternative Instruction Students: Students receiving alternative instruction satisfy

the SDHSAA Scholastic/Academic Eligibility Rule (By-Laws Chapter 1, Part IV, Section
1, Subsection D) through compliance with SDCL 13-27-3 and submission of transcripts
per SDCL 13-36-7.
Rationale: This brings us into compliance with changes to SDCL 13-36-7 from the 2021
Legislative Session.
65
AMENDMENT NO. 6
Yes
No

66
AMENDMENT NO. 6
Amend Chapter I, Part IV, Section 3 of the SDHSAA By-Laws as such:

SECTION 3. SEVENTH AND EIGHTH GRADE CONTESTANTS. Member schools
may use seventh and eighth grade students on high school teams for high school contests
provided they meet scholastic standards fully equivalent to those required for students in
grades 9-12 by the Association. 7th and 8th grade students satisfy SDHSAA scholastic
standards via compliance with SDCL 13-27-3 and submission of transcripts per SDCL
13-36-7.
Rationale: This brings us into compliance with changes to SDCL 13-36-7 from the 2021
Legislative Session.
67
AMENDMENT NO. 7
Yes
No
68
AMENDMENT NO. 7
Submitted By: SDHSAA Native American Advisory Council and SDHSAA Staff
Proposal: Amend Article III, Section 2 of the SDHSAA Constitution as Such-
SECTION 2. BASIS FOR CLASSIFICATION BY ENROLLMENT. When mMember

schools are classified according to enrollment for participation in the various athletic or fine arts
activities sponsored by the Association, reflective of actual figures collected by the South Dakota
Department of Education on the last Friday in September of each reclassification/alignment year
will be utilized to establish classifications. In addition to actual figures collected by the South
Dakota Department of Education, a Free and Reduced Lunch Multiplier shall be utilized to adjust
enrollment counts dependent upon the reported percentage of students in grades 9-12 at each
school who qualify for Free and Reduced Lunch according to the South Dakota Department of
Education per Federal guidelines. The free and reduced lunch percentage shall be multiplied by
30%, and the resulting percentage will be used to reduce the enrollment count of the school, with
a maximum multiplier reduction of 30%. The resulting enrollment count with multiplier shall be
used as the official enrollment number of the school when determining classifications. Special
programs utilized by the Federal Government whereby a school is classified on an other than
annual basis may be considered by the Board of Directors (i.e.-Community Food Programs, etc).
Reclassification and alignments for all sports and fine arts activities shall be done at the same
time so that the two-year periods are concurrent for all activities.
Rationale: We have a number of schools on the line between classifications with large
populations of students who qualify for Free and Reduced Lunch. In general, those schools and
students have severe discrepancies in access to equipment and school/personal access to outside
training opportunities as compared to similar sized schools with low populations of students who
qualify for Free and Reduced Lunch. This multiplier is used in several other states, and free and
reduced lunch percentage has been widely accepted as a major factor in athletic/activity success.
This multiplier would allow those schools to remain in a classification level that most
appropriately reflects their opportunities.
Formula (example using FRLP of 85% and enrollment of 400):

• Step 1- multiply 30 by FRLP. (ex- 30 x 0.85= 25.5)
• Step 2- subtract resulting number from 100 and change to a percentage (ex- 100-
25.5=74.5, change to 74.5% or .745)
• Step 3- Multiply Enrollment number by the Step 2 percentage (ex- 400 x .745=298)
Examples:
• School 1: 9-11 Enrollment 400, FRLP 100%, multiplier of 30%, adjusted enrollment 280.
• School 2: 9-11 Enrollment 400, FRLP 50%, multiplier of 15%, adjusted enrollment 340
• School 3: 9-11 Enrollment 400, FRLP 70%, multiplier of 21%, adjusted enrollment 356
• School 4: 9-11 Enrollment 400, FRLP 30%, multiplier of 9%, adjusted enrollment 364.
• School 5: 9-11 Enrollment 400, FRLP 85%, multiplier of 25.5%, adj. enrollment 298.
69
April 25, 2022
Agenda Item
Subject: Board Consideration to Approve Comprehensive Special Education Plan for the
Mitchell School District for the 2022-23 School Year

Board Action X
Board Information
Scheduled report
School districts are required to have a comprehensive special education plan in place to
meet the educational needs of students who qualify for special education services. Our
proposed plan for 2022-23, developed by special services director Tracy Christensen, can be
found as supporting documentation immediately following this cover sheet. The plan is very
similar to the 2021-22 plan.
I recommend approval of the plan at this time.
Tracy Christensen, Special Services Director

Name: Joseph Graves, Superintendent Date: 4.25..2022
70
South Dakota Comprehensive Plan/Program Narrative
The Mitchell School District has formally adopted the following policies and procedures as the district’s
comprehensive plan for special education. These policies and procedures were approved by the school
board on . As indicated by the signature below, the authorizing official
acknowledges the district will meet all requirements of the Individuals with Disabilities Education Act
and Article 24:05 through the implementation of these policies and procedures and furthermore,
provides assurances that it meets each of the conditions in 34 CFR 300.201 through 300.213.
CERTIFICATION- I certify that I have read and reviewed the above assurance and will comply with all
provisions of applicable federal and state laws.
Signature of Authorized Official Date
Dr. Joseph Graves, Superintendent of Mitchell School District

Typed Name and Title
821 N Capital St, Mitchell SD 57301 605-995-3010

Address/State/Zip Telephone Number
*This page must be signed by the district official listed above and returned to:
71
South Dakota LEA Comprehensive Plan: Program Narrative
SECTION I: Free and Appropriate Public Education (FAPE) 34 C.F.R. §§ 300.101-300.108, 300.110; ARSD 24:05:13:02
The district/cooperative and all member schools/districts will make available to all children with disabilities residing in the
district(s) between the ages of 3 and 21, inclusive, including children with disabilities who have been suspended or expelled
from school, as provided for in 300.530(d); 24:05:26 and 24:05:26.01, ARSD. Specific reference in the narrative to include:
 FAPE beginning at age 3; 300.101(b); ARSD 24:05:13:02

 Children advancing from grade to grade; 300.101(c); ARSD 24:05:13:02
 Limitations- age exceptions to FAPE; 300.102; ARSD 24:05:22:04.01
 FAPE- methods and payments; 300.103; ARSD 24:05:19:08
 Residential placement; 300.104; ARSD 24:05:19:08
 Assistive technology; 300.105; ARSD 24:05:27:20, ARSD 24:05:27:18, ARSD 24:05:27:19
 Extended school year services; 300.106; ARSD 24:05:25:26
 Nonacademic services; 300.107; ARSD 24:05:28:06
 Physical education; 300.108; ARSD 24:05:28:08
 Program options; 300.110; ARSD 24:05:28:04
 FAPE beginning at age 3; 300.101(b); ARSD 24:05:13:02
The Mitchell School District will make a FAPE available to all students with disabilities who reside within the boundaries of the
district between the ages of 3 and 21 years of age. This includes any student with a disability who has been suspended or
expelled. All eligible preschool aged students will have FAPE made available to them by their third birthday, including those
whose birthdays fall during the summer months.
 Children advancing from grade to grade; 300.101(c); ARSD 24:05:13:02
All eligible students with disabilities, regardless of whether they are advancing from grade to grade, will have FAPE available to
them on an individualized basis as determined by the student’s IEP team on an annual basis. Exceptions to FAPE for students
aged 3-21 includes those students who have graduated from high school with the regular high school diploma.
In addition, the Mitchell School District will make FAPE available to children from birth to three who qualify for prolonged
assistance. For students with disabilities who turn 21 during the fiscal year the district will provide FAPE until June 30.
 FAPE- methods and payments; 300.103; ARSD 24:05:19:08
The district will apply whatever federal, state, local, and private funds are available to meet its obligations for the provision of
FAPE and must ensure that FAPE is provided at no cost to parents and without delay. The district may bill Medicaid for services
provided for eligible students.
 Residential placement; 300.104; ARSD 24:05:19:08
When necessary, the district will provide FAPE to students with disabilities through a public or private residential program at no
cost to the parents.
 Assistive technology; 300.105; ARSD 24:05:27:18 ARSD 24:05:27:19
When necessary, the district will provide assistive technology to students with disabilities and the evaluation for such at no cost
to the parents. This may include assistive technology to be used at home, when that is determined to be essential for FAPE on a
case by case basis.
 Extended school year services; 300.106; ARSD 24:05:25:26
When necessary, the district will provide extended school year services to eligible students with disabilities at no cost to the
parents.
72
 Nonacademic services; 300.107; ARSD 24:05:28:06
To the maximum extent possible, the district will ensure that students with disabilities are allowed to participate with non-
disabled peers during nonacademic services such as extracurricular activities, meals and recess. If supplementary aids and
services are necessary to achieve this integration, the district will provide them.
 Physical education; 300.108; ARSD 24:05:28:08
To the maximum extent possible, the district will allow students with disabilities to participate in physical education classes
with non-disabled peers unless a student requires specially designed physical education in the child’s IEP.
 Program options; 300.110; ARSD 24:05:28:04
To the maximum extent possible, the district will ensure that students with disabilities have access to the same program
options as students without disabilities, such as art, music, consumer education, and vocational education.
SECTION II: Full educational opportunity goal (FEOG) 34 C.F.R. § 300.109; ARSD 24:05:22:04, ARSD 24:05:22:04.01
The district will have in effect policies and procedures, demonstrating that the district has established a goal of providing full
educational opportunity to all children with disabilities, aged birth through 21, and include a timetable for accomplishing that
goal.
The Mitchell School District, consistent with the timetable established by the State of South Dakota and Part B of the Individuals
with Disabilities Education Act (IDEA), has a goal of providing full educational opportunity to all children with disabilities, aged
birth through twenty-one. The district will annually review data from state performance plan indicators and state and district
wide assessments to guide decisions with regard to adjustments in its programs to ensure appropriate services to all students
with disabilities.
SECTION III: Child Find 34 C.F.R. § 300.111; Child Identification ARSD 24:05:22
The district must have in effect policies and procedures for ensuring that all children with disabilities who reside within the
boundaries of the district, including those who are homeless children or are wards of the state, and children with disabilities
who attend private schools, regardless of the severity of their disabilities, who are in need of special education and related
services are identified, located, and evaluated and a practical method is developed and implemented to determine which
children with disabilities are currently receiving needed special education and related services. Specific reference in the
narrative to include:
 Use of the term developmental delay; ARSD 24:05:24.01:09

 Children who may be suspected of having a disability, and in need of special education, even though they are
advancing from grade to grade, 300.111(c)(1); ARSD 24:05:22:01
 Children who are highly mobile, including migrant children, 300.111(c)(2); ARSD 24:05:22:01
The Mitchell School District, has in effect policies and procedures to ensure that all children with disabilities who reside within
the boundaries of the district member districts and who may be in need of special education and related services are located,
identified, and evaluated according to all relevant regulations. This includes those students who may be homeless or wards of
the state, as well as children with disabilities who may attend private schools within the jurisdiction of the district. Child find
includes our ongoing efforts to identify pre-school and school age students with disabilities through our referral and evaluation
procedures, as well as our periodic screening of preschoolers who may be experiencing developmental delays.
 Use of the term developmental delay; ARSD 24:05:24.01:09
A student three, four, or five years old may be identified as a student with a disability if the student has one of the major
disabilities or if the student experiences a severe delay in development and needs special education and related services. A
student with a severe delay in development functions at a developmental level two or more standard deviations below the
mean in any one area of development specified in this section or 1.5 standard deviations below the mean in two or more areas
73
of development. The areas of development are cognitive development, physical development, communication development,
social or emotional development, and adaptive development.
 Children who may be suspected of having a disability, and in need of special education, even though they are
advancing from grade to grade, 300.111(c)(1); ARSD 24:05:22:01
The district ensures that children who may be suspected having a disability, and in need of special education, even though they
are advancing from grade to grade are subject to child find requirements.
 Children who are highly mobile, including migrant children, 300.111(c)(2).
The district ensures that children who reside within the district and are highly mobile, including migrant children, are subject to
child find requirements. The district has a system in place to review files of students moving in to the district and has a pre-
referral process in place to determine needs for students.
SECTION IV: Individualized Education Program (IEP) 34 C.F.R. 300.112; ARSD 24:05:27
The district will ensure that an individualized education plan (IEP), or an individual family service plan (IFSP) that meets the
requirements of section 636(d) of the Act, is developed, reviewed, and revised for each child with a disability in accordance
with 34 C.F.R. §§ 300.320 – 300.324, except as provided in 300.300(b)(3)(ii). Specific reference must include:
 Content of the IEP; 300.320(a)(1-7); ARSD 24:05:27:01.03

 Transition services; 300.320(b); ARSD 24:05:27:13.02
 Transfer of rights at the age of majority; 300.320(c); ARSD 24:05:27:01.03
 The IEP team; 300.321; ARSD 24:05:27:01.01
 Parent participation in the IEP; 300.322; ARSD 24:05:25:16
 When the IEP must be in effect; 300.323; ARSD 24:05:25:22
 Development of the IEP; 300.324; ARSD 24:05:27:01.02
 Routine checking of hearing aids and external components of surgically implanted medical devices, 300.113; ARSD
24:05:27:05
The Mitchell School District ensures that each identified student with a disability has a current IEP in place that meets the
requirements of Section 636(d) of the IDEA, and that has been developed in accordance with the requirements at 34 CFR
sections 300.320 through 324. All identified students with disabilities in our district will have a current IEP in place at the
beginning of the school year, and for eligible preschool students, by their third birthday. Each eligible student’s IEP will be
reviewed periodically, but not less than annually, to review progress and determine whether annual goals are being met.
 Content of the IEP; 300.320(a)(1-7); ARSD 24:05:27:01.03
The district will ensure that each student’s individualized education program will include:
(1) A statement of the student's present levels of academic achievement and functional performance, including:
(a) How the student's disability affects the student's involvement and progress in the general education curriculum
(i.e., the same curriculum as for nondisabled students); or
(b) For preschool student, as appropriate, how the disability affects the student's participation in appropriate activities;
(2) A statement of measurable annual goals, including academic and functional goals, designed to:
(a) Meet the student's needs that result from the student's disability to enable the student to be involved in and
progress in the general education curriculum; and
(b) Meet each of the student's other educational needs that result from the student's disability;
For students with disabilities who take alternate assessments aligned to alternate achievement standards, each student's
IEP shall provide a description of benchmarks or short-term objectives;
(3) A statement of the special education and related services and supplementary aids and services, based on peer-
reviewed research to the extent practicable, to be provided to the student, or on behalf of the student, and a statement of the
program modifications or supports for school personnel that will be provided to enable the student:
(a) To advance appropriately toward attaining the annual goals;
(b) To be involved and make progress in the general education curriculum in accordance with this section and to
participate in extracurricular and other nonacademic activities; and
74
(c) To be educated and participate with other students with disabilities and nondisabled students in the activities
described in this section;
(4) An explanation of the extent, if any, to which the student will not participate with nondisabled students in the regular
class and in activities described in this section;
(5) A statement of any individual appropriate accommodations that are necessary to measure the academic achievement
and functional performance of the student on state and district-wide assessments consistent with § 24:05:14:14. If the IEP team
determines that the student shall take an alternate assessment instead of a particular regular state or district-wide assessment
of student achievement, a statement of why:
(a) The student cannot participate in the regular assessment; and
(b) The particular alternate assessment selected is appropriate for the student;
(6) The projected date for the beginning of the services and modification described in this section and the anticipated
frequency, location, and duration of those services and modifications;
(7) A description of how the student's progress toward the annual goals described in this section will be measured and
when periodic reports on the progress the student is making toward meeting the annual goals (such as through the use of
quarterly or other periodic reports, concurrent with the issuance of report cards) will be provided;
(8) Beginning not later than the first IEP to be in effect when the student turns 16, or younger if determined appropriate
by the IEP team, and updated annually thereafter, the IEP shall include:
(a) Appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to
training, education, employment, and, if appropriate, independent living skills; and
(b) The transition services (including courses of study) needed to assist the student in reaching those goals; and
(9) Beginning not later than one year before a student reaches the age of majority under state law, the student's
individualized education program must include a statement that the student has been informed of his or her rights under Part B
of the Individuals with Disabilities Education Act, if any, that will transfer to the student on reaching the age of majority
consistent with § 24:05:30:16.01.
 Transition services; 300.320(b); ARSD 24:05:27:13.02
On or before a student turns 16 years of age, the district will ensure that each student’s individualized education program shall
include:
Transition services that are a coordinated set of activities for a student with a disability, designed to be within a results-oriented
process, that is focused on improving the academic and functional achievement of the student with a disability to facilitate the
student's movement from school to post school activities, including postsecondary education, vocational education, integrated
employment (including supported employment), continuing and adult education, adult services, independent living, or
community participation. The coordinated set of activities shall be based on the individual student's needs, taking into account
the student's strengths, preferences and interests, and shall include instruction, related services, community experiences, the
development of employment and other post school adult living objectives, and, if appropriate, acquisition of daily living skills
and provision of a functional vocational evaluation.
Transition services for students with disabilities may be special education, if provided as specially designed instruction, or
related services, if required to assist a student with a disability to benefit from special education.
 Transfer of rights at the age of majority; 300.320(c); ARSD 24:05:27:01.03
Beginning not later than one year before a student reaches the age of majority under state law, the district ensures that each
student's individualized education program will include a statement that the student has been informed of his or her rights
under Part B of the Individuals with Disabilities Education Act, if any, that will transfer to the student on reaching the age of
majority consistent with § 24:05:30:16.01.
 The IEP team; 300.321; ARSD 24:05:27:01.01
The district ensures that the IEP team for each student with disabilities include the following members:
(1) The parents of the student;
(2) Not less than one regular education teacher of the student if the student is, or may be, participating in the regular
education environment;
(3) Not less than one special education teacher of the student or, if appropriate, at least one special education provider of
the student;
(4) A representative of the district who:
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(a) Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of
students with disabilities;
(b) Is knowledgeable about the general education curriculum; and
(c) Is knowledgeable about the availability of resources of the district;
(5) An individual who can interpret the instructional implications of evaluation results, who may be a member of the team
described in subdivisions 2 to 6, inclusive, of this section;
(6) At the discretion of the parent or the district, other individuals who have knowledge or special expertise regarding the
student including related services personnel as appropriate;
(7) If appropriate, the student; and
(8) Transition services participants as described in §§ 24:05:25:16.01 and 24:05:25:16.02.
The determination of the knowledge or special education expertise of any individual described in this section shall be
made by the party (parents or district) who invited the individual to be a member of the IEP team. A district may designate
another district member of the IEP team to also serve as the district representative, if the criteria in this section are satisfied.
 Parent participation in the IEP; 300.322; ARSD 24:05:25:16
The district ensures that one or both parents of the child are present at each IEP team meeting or are afforded the opportunity
to participate. The district shall notify parents of the meeting early enough to ensure that they will have an opportunity to
attend, scheduling the meeting at a mutually agreed-upon time and place. The notice to the parents shall state the purpose,
time, and location of the IEP team meeting and who will be in attendance and inform the parents of the provisions relating to
the participation of other individuals on the IEP team who have knowledge or special expertise about the child, including
information related to the participation of the Part C service coordinator or other representatives of the Part C system at the
initial IEP Team meeting for a child previously served under Part C of the IDEA.
If a purpose of the IEP team meeting is the consideration of postsecondary goals and transition services for a student, the
notice must also address the provisions of § 24:05:25:16.01.
If parents cannot attend, the district shall use other methods to ensure participation, including individual or conference
telephone calls consistent with § 24:05:27:08.04.
 When the IEP must be in effect; 300.323; ARSD 24:05:25:22
The district ensures if the child is determined to be in need of special education or special education and related services, the
IEP team shall develop an appropriate individual education program for the child. At the beginning of each school year
thereafter, the district must have in effect an IEP for each child with disabilities within its jurisdiction. For children beginning at
age three, an IEP shall be in effect by that date. If a child's third birthday occurs during the summer, the IEP team shall
determine the date when services under the IEP will begin.
 Development of the IEP; 300.324; ARSD 24:05:27:01.02
The district ensures in developing, reviewing, and revising each student's individualized education program, the team shall
consider the strengths of the student and the concerns of the parents for enhancing the education of their student, the results
of the initial or most recent evaluation of the student, the academic, developmental, and functional needs of the student. The
individualized education program team also shall:
(1) In the case of a student whose behavior impedes his or her learning or that of others, consider the use of positive
behavioral interventions and supports and other strategies to address that behavior. Information to support positive behavior
will be included within a Behavior Intervention Plan which will include the behavior, behavior supports and positive
reinforcements. If restraint is address through the student’s IEP/BIP the team meeting will address procedures and training
timelines for implementing the BIP. This training will include Crisis Prevention Intervention.
(2) In the case of a student with limited English proficiency, consider the language needs of the student as these
needs relate to the student's individualized education program;
(3) In the case of a student who is blind or visually impaired, provide for instruction in Braille and the use of Braille
unless the team determines, after an evaluation of the student's reading and writing skills, needs, and appropriate reading and
writing media (including an evaluation of the student's future needs for instruction in Braille or the use of Braille), that
instruction in Braille or the use of Braille is not appropriate for the student;
(4) Consider the communication needs of the student and, in the case of a student who is deaf or hard of hearing,
consider the student's language and communication needs, opportunities for direct communications with peers and
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professional personnel in the student's language and communication mode, academic level, and full range of needs, including
opportunities for direct instruction in the student's language and communication mode; and
(5) Consider whether the student requires assistive technology devices and services.
The regular education teacher of a student with a disability, as a member of the individualized education program team, must,
to the extent appropriate, participate in the development, review, and revision of the student's individualized education
program, including the determination of appropriate positive behavioral interventions and supports and other strategies for the
student and the determination of supplementary aids and services, program modifications, and supports for school personnel
that will be provided for the student consistent with subdivision 24:05:27:01.03(3).
Nothing in this section requires the team to include information under one component of a student's individualized education
program that is already contained under another component of the student's individualized education program. No additional
information may be required to be included in a student's IEP beyond what is explicitly required in this section.
 Routine checking of hearing aids and external components of surgically implanted medical devices, 300.113; ARSD
24:05:27:05
For children with hearing impairments, including deafness, in need of special education who wear hearing aids in school, the
district ensures the IEP team shall include, as a related service, a monitoring schedule in the individual educational program to
ensure the proper functioning of these corrective devices.
SECTION V: Least Restrictive Environment (LRE), 34 C.F.R. §§ 300.114 – 300.120; ARSD 24:05:28
The district will ensure that, to the maximum extent appropriate, children with disabilities, including those in public or private
institutions or other care facilities, are educated with children who are not disabled, and special classes, separate schooling, or
other removal of children with disabilities from the regular educational environment occurs only when the nature and severity
of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be
achieved satisfactorily. Specific reference must include:
 A continuum of alternative placements; 300-115; ARSD 24:05:28:02

 Placements; 300.116; ARSD 24:05:28:03
 Non-academic settings, 300.117; ARSD 24:05:28:06
 Children in public or private institutions; 300.118; ARSD 24:05:28:07
 Individual educational programs for students placed in private schools (out of district placements). 24:05:27:10
 Teachers and administrators are provided with technical assistance and training; 300.119; ARSD 24:05:28:11
 Monitors placements, 300.120; ARSD 24:05:28:12
The Mitchell School District ensures the availability of a continuum of alternative placements to provide each student with a
disability the opportunity for education in the Least Restrictive Environment. Any removal of a student with a disability from the
regular education environment will occur only when the nature and severity of the child’s needs dictate that education in
regular classes, with the use of supplementary aids and services cannot be achieved satisfactorily.
 A continuum of alternative placements; 300-115; ARSD 24:05:28:02
1. Regular educational programs with modification;

2. Resource rooms;
3. Self-contained programs;
4. Separate day school programs;
5. Residential school programs;
6. Home and hospital programs;
7. Other settings.
For each of the programs listed in this section, the IEP team shall determine the extent to which related services are required in
order for the child to benefit from the program. The length of the school day shall be equal in duration to that of a regular
public school day unless an adjusted school day is required in order to meet the individual needs of the child. The IEP team shall
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provide for supplementary services, such as resource room or itinerant instruction to be provided in conjunction with regular
class placement as applicable.
In those cases, where placement is made in a separate day school program or residential school program, the district will abide
by the school term of the facility in which the child is placed based on the individual needs of the child.
 Placements; 300.116; ARSD 24:05:28:03
The IEP team will ensure the following:

1. Each child's educational placement must be individually determined at least annually and must be based on the
child's individual education program;
2. Provisions are made for appropriate classroom or alternative settings necessary to implement a child individual
education program;
3. Unless a child's individual education plan requires some other arrangement, the child shall be educated in the
school which that child would normally attend if not disabled. Other placement shall be as close as possible to the
child's home;
4. Placement in the least restrictive environment will not produce a harmful effect on the child or reduce the quality
of services which that child needs; and
5. A child with a disability is not removed from education in age appropriate regular classrooms solely because of
needed modifications in the general education curriculum.
 Non-academic settings, 300.117; ARSD 24:05:28:06
In providing or arranging for the provision of nonacademic and extracurricular services and activities, including meals, recess
periods, and the services and activities listed in this chapter, the district will ensure that each child in need of special education
or special education and related services participates with children without disabilities in those services and activities to the
maximum extent appropriate to the needs of that child. The district will ensure that each child with a disability has the
supplementary aids and services determined by the child's IEP team to be appropriate and necessary for the child to participate
in nonacademic settings.
 Children in public or private institutions; 300.118; ARSD 24:05:28:07
The district through its IEP team and individual education program procedures, will ensure that children placed in public or
private institutions or other care facilities are educated with children who are not disabled to the maximum extent appropriate.
 Individual educational programs for students placed in private schools (out of district placements). 24:05:27:10
Before the Mitchell School District places or refers a child in need of special education or special education and related services
to a private school, facility, or a contracting district, the district shall initiate and conduct an IEP team meeting to develop an
individual educational program for the child in accordance with district procedures.
The district shall ensure that a representative of the private school or facility attends the IEP team meeting. If the
representative of the private school or facility cannot attend the IEP team meeting, the district shall use other methods to
ensure participation, including individual or conference telephone calls.
After a child in need of special education or special education and related services enters a private school or facility, any
meetings to review and revise the child's individual educational program may be initiated and conducted by the private school
or facility at the discretion of the district.
If the private school or facility initiates and conducts these meetings, the district shall ensure that the parents and a district
representative are involved in any decision about the child's individual educational program and agree to any proposed changes
in the program before those changes are implemented.
Even if a private school or facility implements a child's individual educational program, responsibility for compliance with this
section remains with the school district and the department.
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 Teachers and administrators are provided with technical assistance and training; 300.119; ARSD 24:05:28:11
The district will provide ongoing training to all staff and paraprofessionals to assist all in the provision of services to students
with disabilities.
 Monitors placements, 300.120; ARSD 24:05:28:12
The district will submit data to the State for the purpose of monitoring educational placements for students with disabilities on
an annual basis.
SECTION VI: Procedural Safeguards, 34 C.F.R. § 300.121; ARSD 24:05:30
The district will ensure that all children with disabilities and their parents are afforded procedural safeguards required by 34
C.F.R. §§300.500 through 300.536, and consistent with South Dakota Administrative Rule. Specific reference must include:
 Opportunity to examine records; parent participation in meetings; 300.501(a)(b)(c); ARSD 24:05:30:02

 Independent educational evaluations; 300.502; ARSD 24:05:30:03
 Prior written notice; content of notice; 300.503; ARSD 24:05:30:04
 Procedural safeguards notice; 300.504; ARSD 24:05:30:06.01, ARSD 24:05:30:06.02
 Use of electronic mail; 300.505; ARSD 24:05:30:06.03
 Availability of mediation; 300.506; ARSD 24:05:30:09
 Filing of due process complaints; 300.507; 300.508; 300.509; ARSD 24:05:30:07.01
 Resolution process; 300.510; ARSD 24:05:30:08.09-.12
 Impartial due process hearing; 300.511; ARSD 24:05:30:09.04
 Hearing rights; 300.512; ARSD 24:05:30:12
 Hearing decisions; 300.513; 300.514; 300.515; 300.516; 300.517; ARSD 24:05:30:11
 Status of child during due process proceedings; 300.518; 24:05:30:14 ARSD.
 Surrogate parents; children who are wards of the state; homeless youth; 300.519; ARSD 24:05:30:15
 Transfer of rights at age of majority; 300.520; ARSD 24:05:30:16.01
 Discipline procedures and manifestation determination; 300.530; ARSD 24:05:26:09.03
 Determination of setting; 300.531; ARSD 24:05:26:09.2
 Right of appeal of the determination of setting; 300.532; ARSD 24:05:26:09.05
 Placement during appeals; 300.533; ARSD 24:05:26:09.06
 Protections for children not determined eligible for special education and related services; 300.534; ARSD
24:05:26:14
 Referral to action by law enforcement and judicial authorities; 300.535; ARSD 24:05:26:15
 Change of placement due to disciplinary removals; 300.536; ARSD 24:05:26:02.01
The Mitchell School District ensures that all children with disabilities and their parents are afforded the required procedural
safeguards of 34 CFR 300.500 through 300.356 as outlined in the South Dakota Parental Rights and Procedural Safeguards
document.
The district will provide a copy of the procedural safeguards document to the parents of an eligible child with a disability at
least one time each year, in addition to the following:
 Upon initial referral or parent request for an evaluation;
 Upon request by the parent;
 In accordance with discipline procedures outlined in the procedural safeguards document;
 Upon receipt of the first state complaint or first due process complaint in a given school year.
 Opportunity to examine records; parent participation in meetings; 300.501(a)(b)(c); ARSD 24:05:30:02
The district ensures the parents of a child in need of special education or special education and related services shall be
afforded an opportunity to inspect and review all education records concerning the identification, evaluation, and educational
placement of the child and the provisions of a free appropriate public education to the child.
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 Independent educational evaluations; 300.502; ARSD 24:05:30:03
The district ensures a parent has the right to an independent educational evaluation at public expense if the parent disagrees
with an evaluation obtained by the district subject to the conditions in this section.
The district shall provide to parents, upon written request for an independent educational evaluation, information about where
an independent educational evaluation may be obtained, and the district criteria applicable for independent educational
evaluations specified in this section.
If a parent requests an independent educational evaluation, the district may ask for the parent's reason why he or she objects
to the public evaluation. However, the explanation by the parent may not be required and the district may not unreasonably
delay either providing the independent educational evaluation at public expense or filing a due process complaint to request a
due process hearing to defend the public evaluation.
If the parent requests an independent educational evaluation at public expense, the district must, without unnecessary delay,
either file a due process complaint to request a hearing under this chapter to show that its evaluation is appropriate, or ensure
that an independent educational evaluation is provided at public expense unless the district demonstrates in a hearing that the
evaluation obtained by the parent did not meet district criteria. If the district files a due process complaint to request a hearing
under this chapter and the final decision is that the evaluation is appropriate, the parent still has the right to an independent
educational evaluation, but not at public expense. A parent is entitled to only one independent educational evaluation at public
expense each time the district conducts an evaluation with which the parent disagrees.
If the parent obtains an independent educational evaluation at public expense or shares with the district an evaluation
obtained at private expense, the results of the evaluation will be considered by the district, if it meets district criteria, in any
decision made with respect to the provision of a free appropriate public education to the child and may be presented by any
party as evidence at a hearing under this chapter regarding that child.
If a hearing officer requests an independent educational evaluation as part of a hearing, the cost of the evaluation must be at
public expense. If an independent evaluation is made at public expense, the criteria under which the evaluation is obtained,
including the location of the evaluation and the qualifications of the examiner, must be the same as the criteria which the
district uses when it initiates an evaluation to the extent those criteria are consistent with the parent's right to an independent
educational evaluation. Each district shall provide to parents, on request, information about where an independent educational
evaluation may be obtained.
For the purposes of this section, the term, independent education evaluation, means an evaluation conducted by a qualified
examiner who is not employed by the district responsible for the education of the child in question. For purposes of this
section, the term, public expense, means that the district either pays for the full cost of the evaluation or ensures that the
evaluation is otherwise provided at no cost to the parent consistent with §§ 24:05:14:01 to 24:05:14:01.05, inclusive.
 Prior written notice; content of notice; 300.503; ARSD 24:05:30:04
The district ensures prior written notice will be given to the parents five days before the district proposes or refuses to initiate
or change the identification, evaluation, or educational placement of the child or the provision of a free appropriate public
education to the child. The five-day notice requirement may be waived by the parents.
 Procedural safeguards notice; 300.504; ARSD 24:05:30:06.01; ARSD 24:05:30:06.02
The district ensures that all children with disabilities and their parents are afforded the required procedural safeguards of 34
CFR 300.500 through 300.356 as outlined in the South Dakota Parental Rights and Procedural Safeguards document.
The district will provide a copy of the procedural safeguards document to the parents of an eligible child with a disability at
least one time each year, in addition to the following:
 Upon initial referral or parent request for an evaluation;
 Upon request by the parent;
 In accordance with discipline procedures outlined in the procedural safeguards document;
 Upon receipt of the first state complaint or first due process complaint in a given school year.
The district ensures the procedural safeguards notice must include a full explanation of all of the procedural safeguards
available under this article and the state complaint procedures relating to:
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(1) Independent educational evaluation;
(2) Prior written notice;
(3) Parental consent;
(4) Access to educational records;
(5) Opportunity to present and resolve complaints through the due process complaint and state complaint procedures,
including:
(a) The time period in which to file a complaint;
(b) The opportunity for the district to resolve the complaint; and
(c) The difference between the due process complaint and the state complaint procedures, including the jurisdiction of
each procedure, what issues may be raised, filing and decisional timelines, and relevant procedures;
(6) The child’s placement during pendency of any due process complaint;
(7) Procedures for students who are subject to placement in an interim alternative educational setting;
(8) Requirements for unilateral placement by parents of children in private schools at public expense;
(9) The availability of mediation;
(10) Hearings on due process complaints, including requirements for disclosure of evaluation results and
recommendations;
(11) Civil actions, including the time period in which to file those actions; and
(12) Attorneys' fees.
The form of the notice must be consistent with § 24:05:30:06, including written evidence that the requirements in this
section have been met.
 Use of electronic mail; 300.505; ARSD 24:05:30:06.03
The district ensures a parent of a child with a disability may elect to receive notices required by this chapter by an electronic
mail communication.
 Availability of mediation; 300.506; ARSD 24:05:30:09
The district will ensure parties are allowed to mediate disputes involving any matter under this article, including matters arising
before the filing of a due process complaint, to resolve disputes through a mediation process. Procedures for mediation are as
follows:
(1) The district will ensure that mediation is viewed as voluntary and freely agreed to by both parties and is in no way
used to deny or delay an aggrieved party's right to a hearing on a parent's due process complaint, or to deny any other rights
afforded under this article; and
(2) The mediation conference is an intervening, informal process conducted in a non-adversarial atmosphere that is
scheduled in a timely manner and held in a location that is convenient to the parties in the dispute.
The state will bear the cost of the mediation process, including the costs of meetings.
 Filing of due process complaints; 300.507; 300.508; 300.509; ARSD 24:05:30:07.01
A parent or the district may file a due process complaint on any matters relating to the identification, evaluation or educational
placement of a child with a disability, or the provision of FAPE to the child.
 Resolution process; 300.510; ARSD 24:05:30:08.09-.12
Within 15 days of receiving notice of the parent's due process complaint, and before the initiation of a due process hearing
under this chapter, the district shall convene a meeting with the parent and the relevant member or members of the IEP team
who have specific knowledge of the facts identified in the due process complaint. The meeting:
(1) Shall include a representative of the district who has decision-making authority on behalf of the district; and
(2) May not include an attorney of the district unless the parent is accompanied by an attorney.
The parent and district will determine the relevant members of the IEP team to attend the meeting.
The purpose of the resolution meeting is for the parent of the child to discuss the due process complaint, and the facts that
form the basis of the due process complaint, so that the district has the opportunity to resolve the dispute that is the basis for
the due process complaint.
The resolution meeting need not be held if:
(1) The parent and the district agree in writing to waive the meeting; or
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(2) The parent and the district agree to use the mediation process described in this chapter.
If the district has not resolved the due process complaint to the satisfaction of the parent within 30 days of the receipt of the
due process complaint, the due process hearing may occur.
Except as provided in § 24:05:30:08.14, the timeline for issuing a final decision in a due process hearing begins at the expiration
of the 30-day period.
Except where the parties have jointly agreed to waive the resolution process or to use mediation, notwithstanding the above
two paragraphs, the failure of the parent filing a due process complaint to participate in the resolution meeting delays the
timelines for the resolution process and due process hearing until the meeting is held.
 Impartial due process hearing; 300.511; ARSD 24:05:30:09.04
If a due process complaint is received under this chapter, the parents or the district involved in the dispute will have an
opportunity for an impartial due process hearing, consistent with the procedures in this article.
 Hearing rights; 300.512; ARSD 24:05:30:12
Any party to a hearing, under this chapter or chapters 24:05:26 and 24:05:26.01, has the right to:
(1) Be accompanied and advised by counsel and by individuals with special knowledge or training concerning the
problems of children with disabilities, except that neither party has the right to be represented by a non-attorney at a hearing;
(2) Present evidence and confront, cross-examine, and compel the attendance of witnesses;
(3) Prohibit the introduction of any evidence at the hearing that has not been disclosed to that party at least five
business days before the hearing;
(4) Obtain a written or, at the option of the parents, electronic verbatim record of the hearing; and
(5) Obtain written or, at the option of the parents, electronic findings of fact and decisions. The public agency shall
transmit those findings and decisions, after deleting any personally identifiable information, to the state advisory council and
shall make those findings and decisions available to the public.
Parents involved in hearings must be given the right to have the child who is the subject of the hearing present and open the
hearing to the public. The record of the hearing and the findings of fact and decisions must be provided at no cost to the
parents.
 Hearing decisions; 300.513; 300.514; 300.515; 300.516; 300.517; ARSD 24:05:30:11
A parent or the district, if aggrieved by the decision of the hearing officer under this chapter or chapters 24:05:26 and
24:05:26.01, may bring a civil action with respect to a due process complaint notice requesting a due process hearing under the
Individuals with Disabilities Education Act, 20 U.S.C. § 1415(i)(2). A civil action may be filed in either state or federal court
without regard to the amount in controversy. The party bringing the action has 90 days from the date of a hearing officer's
decision to file a civil action. In any action brought under this section, the court:
(1) Shall review the records of the administrative proceedings;
(2) Shall hear additional evidence at the request of a party; and
(3) Basing its decision on the preponderance of the evidence, shall grant the relief that the court determines to be
appropriate.
Nothing in Part B of the Individuals with Disabilities Education Act restricts or limits the rights, procedures, and remedies
available under the Constitution, the Americans with Disabilities Act of 1990 as amended to July 1, 2013, Title V of the
Rehabilitation Act of 1973 as amended to July 1, 2013, or other federal laws protecting the rights of children with disabilities.
However, before the filing of a civil action under these laws, seeking relief that is also available under section 615 of IDEA, the
procedures under this chapter for filing a due process complaint must be exhausted to the same extent as would be required
had the action been brought under section 615 of IDEA.
 Status of child during due process proceedings; 300.518; ARSD 24:05:30:14
Except as provided in chapters 24:05:26 and 24:05:26.01, during the pendency of any administrative hearing or judicial
proceeding regarding a due process complaint notice requesting a due process hearing pursuant to this chapter, the child
involved will remain in the present educational placement unless the state or district and the parents agree otherwise. If the
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complaint involves an application for initial admission to public school, the child, with the consent of the parents, will be placed
in the public school program until the completion of all the proceedings.
If the complaint involves an application for initial services under this article from a child who is transitioning from Part C of the
IDEA to Part B and is no longer eligible for Part C services because the child has turned three, the district is not required to
provide the Part C services that the child had been receiving. If the child is found eligible for special education and related
services under Part B and the parent consents to the initial provision of special education and related services, then the district
will provide those special education and related services that are not in dispute between the parent and the district.
If the decision of a hearing officer in a due process hearing agrees with the child's parents that a change of placement is
appropriate, that placement will be treated as an agreement between the state and the parents for purposes of pendency.
 Surrogate parents; children who are wards of the state; homeless youth; 300.519; ARSD 24:05:30:15
The district will assign a surrogate parent to ensure that the rights of a child are protected if no parent, as defined in §
24:05:13:04, can be identified and the district, after reasonable effort, cannot locate a parent or if the child is a ward of the
state or the child is an unaccompanied homeless youth as defined in section 725(6) of the McKinney-Vento Homeless
Assistance Act, as amended to January 1, 2009. A district's method for determining whether a child needs a surrogate parent
will include the following:
1. The identification of staff members at the district or building level responsible for referring students in need of a
surrogate parent;
2. The provision of in-service training on the criteria in this section for determining whether a child needs a surrogate
parent; and
3. The establishment of a referral system within the district for the appointment of a surrogate parent.
If a child is a ward of the state, the surrogate parent alternatively may be appointed by the judge overseeing the child's case, if
the surrogate meets the requirements of this section.
The district superintendent or designee will appoint surrogate parents.
The district will ensure that a person selected as a surrogate has no personal or professional interest that conflicts with the
interest of the child the surrogate represents and has knowledge and skills that ensure adequate representation of the child.
The district is responsible for the training and certification of surrogate parents and shall maintain a list of persons who may
serve as surrogate parents.
A person assigned as a surrogate may not be an employee of the department, district, or any other agency that is involved in
the education or care of the child.
If a child is an unaccompanied homeless youth, appropriate staff of emergency shelters, transitional shelters, independent
living programs, and street outreach programs may be appointed as temporary surrogate parents, without regard to the
nonemployee provision above, until a surrogate parent can be appointed who meets all of the requirements of this section.
A person who otherwise qualifies to be a surrogate under the provisions of this section is not an employee of the agency solely
because the person is paid by the agency to serve as a surrogate parent.
The surrogate parent may represent the student in all matters relating to the identification, evaluation, educational placement,
and provision of FAPE to the students.
 Transfer of rights at age of majority; 300.520; ARSD 24:05:30:16.01
Consistent with state law, when a child with a disability reaches the age of majority that applies to all children, except for an
eligible child who has been determined to be incompetent, the following will occur:
(1) The district will provide any notice required by this article to both the individual and the parents;
(2) All other rights accorded to parents under this article transfer to the child; and
(3) All rights accorded to parents under this article transfer to children who are incarcerated in an adult or juvenile,
state, or local correctional institution.
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If a state transfers rights under this section, the district will notify the individual and the parents of the transfer of rights. If,
consistent with state law, an eligible child is determined not to have the ability to provide informed consent with respect to the
educational program of the child, the district will appoint the parent or, if the parent is not available, another appropriate
individual to represent the educational interests of the child throughout the child’s eligibility under this article.
 Discipline procedures and manifestation determination; 300.530; ARSD 24:05:26:09.03
Within ten school days of any decision to change the placement of a student with a disability because of a violation of a code of
student conduct, the district, the parent, and relevant members of the student's IEP team, as determined by the parent and the
district, will review all relevant information in the student's file, including the student's IEP, any teacher observations, and any
relevant information provided by the parents to determine:
(1) Whether the conduct in question was caused by, or had a direct and substantial relationship to, the student's
disability; or
(2) Whether the conduct in question was the direct result of the district's failure to implement the IEP.
The conduct must be determined to be a manifestation of the student's disability if the district, the parent, and relevant
members of the student's IEP team determine that a condition in either subdivision (1) or (2) of this section was met.
If the district, the parent, and relevant members of the student's IEP team determine that the condition described in
subdivision (2) of this section was met, the district shall take immediate steps to remedy those deficiencies.
Determination of setting; 300.531; ARSD 24:05:26:09.2

The student's IEP team will determine the interim alternative educational setting in which a student is placed under
§§ 24:05:26:08.01, 24:05:26:02.01, and 24:05:26:09.05.
 Right of appeal of the determination of setting; 300.532; ARSD 24:05:26:09.05
The parent of a child with a disability who disagrees with any decision regarding:
1. placement under these procedures, or
2. the manifestation determination may request a hearing by filing a due process complaint consistent with this
document.
The district that believes that maintaining the current placement of the child is substantially likely to result in injury to the child
or others may request a hearing by filing a due process complaint consistent with this document.
 Placement during appeals; 300.533; ARSD 24:05:26:09.06
A removal of a child with a disability from the child’s current educational placement is a change of placement if:
1. The removal is for more than 10 school days in a row; or
2. The child has been subjected to a series of removals that constitute a pattern because:
1. The series of removals total more than 10 school days in a school year;
2. The child’s behavior is substantially similar to the child’s behavior in previous incidents that resulted in the
series of removals; and
3. Of such additional factors as the length of each removal, the total amount of time the child has been
removed, and the proximity of the removals to one another.
The district determines on a case-by-case basis whether a pattern of removals constitutes a change of placement. This
determination is subject to review through due process and judicial proceedings.
 Protections for children not determined eligible for special education and related services; 300.534; ARSD
24:05:26:14
A student who has not been determined to be eligible for special education and related services under this article and who has
engaged in behavior that violated any rule or code of conduct of the district, including any behavior described in this chapter,
may assert any of the protections provided for in this article if the district had knowledge that the student was a student with a
disability before the behavior that precipitated the disciplinary action occurred. A district is deemed to have knowledge that a
student is a student with a disability if:
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1. The parent of the student has expressed concern in writing to supervisory or administrative personnel of the
appropriate educational agency, or a teacher of the student, that the student is in need of special education and related
services;
2. The parent of the student has requested an evaluation of the student pursuant to this article; or
3. The teacher of the student, or other personnel of the district or other public agency has expressed specific
concerns about a pattern of behavior demonstrated by the student directly to the director of special education of the district or
to other supervisory personnel of the district.
A district is not deemed to have knowledge that the student is a student with a disability under this section, if the parent of the
student has not allowed an evaluation of the student pursuant to this article, or has refused services under this article, or the
district conducted an evaluation consistent with this article and determined that the student was not a student with a disability.
If the district does not have knowledge that a student is a student with a disability before taking disciplinary measures against
the student, the student may be subjected to the same disciplinary measures as measures applied to students without
disabilities who engaged in comparable behaviors consistent with this chapter.
If a request is made for an evaluation of a student during the time period in which the student is subjected to disciplinary
measures under this chapter, the evaluation must be conducted in an expedited manner. Until the evaluation is completed, the
student shall remain in the educational placement determined by school authorities, which can include suspension or expulsion
without educational services. If the student is determined to be a student with a disability taking into consideration information
from the evaluation conducted by the district and information provided by the parents, the district shall provide special
education and related services in accordance with the provisions of this article including the discipline procedures and free
appropriate public education requirements.
 Referral to action by law enforcement and judicial authorities; 300.535; ARSD 24:05:26:15
Nothing in Part B of the Individuals with Disabilities Education Act prohibits a district from reporting a crime committed by a
student with a disability to appropriate authorities or to prevent state law enforcement and judicial authorities from exercising
their responsibilities with regard to the application of federal and state law to crimes committed by a student with a disability.
The district reporting a crime committed by a student with a disability will ensure that copies of the special education and
disciplinary records of the student are transmitted for consideration by the appropriate authorities to whom it reports the
crime. A district reporting a crime under this chapter may transmit copies of the student's special education and disciplinary
records only to the extent that the transmission is permitted by the Family Educational Rights and Privacy Act, as amended to
January 8, 2009.
 Change of placement due to disciplinary removals; 300.536; ARSD 24:05:26:02.01
For purposes of removal of a student with a disability from the student's current educational placement under this chapter, a
change of placement occurs if:
1. The removal is for more than ten consecutive school days; or
2. The student is subjected to a series of removals that constitute a pattern because:
a. They cumulate to more than ten school days in a school year;
b. Of factors such as the length of each removal, the total amount of time the student is removed, and the proximity
of the removals to one another; and
c. The student's behavior is substantially similar to the student's behavior in previous incidents that resulted in the
series of removals.
The district determines on a case-by-case basis whether a pattern of removals constitutes a change of placement. This
determination is subject to review through due process and judicial proceedings.
SECTION VII: Evaluation 34 C.F.R. §300.122; ARSD 24:05:25
The district will ensure that all children with disabilities are evaluated in accordance with 34 C.F.R. §§300.300 through 300.311.
Specific references must include:
 Parental consent (for initial evaluation, services, and re-evaluations; 300.300; ARSD 24:05:25:02.01, ARSD
24:05:25:06.01
 Initial evaluations; 300.301; ARSD 24:05:25:03
 Screening for instructional purposes; 300.302; ARSD 24:05:25:03.03
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 Re-evaluations; 300.303; ARSD 24:05:25:06
 Evaluation procedures; 300.304; 300.305; ARSD 24:05:25:04
 Determining eligibility; 300.306; ARSD 24:05:25:04.03
 Specific learning disabilities; 300.307 through 300.311; ARSD 24:05:25:07, ARSD 24:05:25:08, ARSD
24:05:25:11, ARSD 24:05:25:12
The Mitchell School District ensures that all children with disabilities are evaluated in accordance with the following regulatory
provisions:
 Parental consent (for initial evaluation, services, and re-evaluations; 300.300; ARSD 24:05:25:02:01, ARSD
24:05:25:06:01).
Consent for Initial evaluation. The district proposing to conduct an initial evaluation to determine whether a child qualifies as a
child with a disability will, after providing notice consistent with chapter 24:05:30, obtain informed consent from the parent of
the child before conducting the evaluation.
Parental consent for initial evaluation may not be construed as consent for initial provision of special education and related
services.
The district will make reasonable efforts to obtain the informed consent from the parent for an initial evaluation to determine
whether the child is a child with a disability.
To meet the reasonable efforts requirement in this section, the district will document its attempts to obtain parental consent
using the procedures in § 24:05:25:17.
Consent for reevaluation. Before conducting a reevaluation of an eligible child, parental consent is required, unless:
(1) The district can demonstrate that it has taken reasonable measures to obtain consent, and the child's parent has
failed to respond; and
(2) The district documents its efforts to obtain consent by using the procedures consistent with § 24:05:25:17.
If the parent refuses to consent to the reevaluation, the district may, but is not required to, pursue the reevaluation by
using the consent override procedures described in chapter 24:05:30 including mediation and due process hearing procedures.
 Initial Evaluations; (Preplacement evaluations, ARSD 24:05:25.03)
Preplacement evaluation. Before any action is taken concerning the initial placement of a child with disabilities in a special
education program, a full and individual initial evaluation of the child's educational needs must be conducted in accordance
with the requirements of this chapter. Initial evaluations must be completed within 25 school days after receipt by the district
of signed parent consent to evaluate unless other timelines are agreed to by the school administration and the parents.
Written evaluation reports, determination of eligibility, and conducting an IEP team meeting must be completed within 30 days
from the end of the 25 school day evaluation timeline. If another timeline for completing the evaluation process is agreed to by
the parent and school administration, the written evaluation reports, determination of eligibility, and conducting an IEP team
meeting must be completed within 30 days from the end of agreed upon evaluation timeline.
Consistent with the consent requirements in this section, either a parent of a child or a district may initiate a request for an
initial evaluation to determine whether the child is a child with a disability.
 Screening for instructional purposes; 300.302; ARSD 24:05:25:03.03
The screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum
implementation is not considered to be an evaluation for eligibility for special education and related services.
 Re-evaluations; 300.303; ARSD 24:05:25:06
The district will ensure that a reevaluation of each child with a disability is conducted in accordance with this chapter if the
district determines that the educational or related service needs, including improved academic achievement and functional
performance, of the child warrant a reevaluation or if the child's parents or teacher requests a reevaluation.
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A reevaluation conducted under this section may occur not more than once a year, unless the parent and district agree
otherwise, and will occur at least once every three years, unless the parent and the district agree that a reevaluation is
unnecessary.
Reevaluations must be completed within 25 school days after receipt by the district of signed consent to reevaluate unless
other time limits are agreed to by the school administration and the parents consistent with § 24:05:25:03.
The district will follow the procedures under § 24:05:25:04.02 when reevaluating a student for the additional purposes of:
(1) Determining whether the child continues to have a disability and determining the educational needs of the child;
(2) Determining the present levels of academic achievement and related developmental needs of the child;
(3) Determining whether the child continues to need special education and related services; and
(4) Determining whether any additions or modifications to the special education and related services are needed to
enable the child to meet the measurable annual goals set out in the IEP and to participate, as appropriate, in the general
education curriculum.
If no additional data are needed to determine continuing eligibility and the child's educational needs, the district shall notify the
parents of that determination and reasons for it and of the right of the parent to request an assessment, for purposes of
determining the child's educational needs under this article, and to determine continuing eligibility. The district is not required
to conduct an assessment unless requested to do so by the child's parents. However, a district shall follow the procedures in
this chapter before determining that the child is no longer a child with a disability. The evaluation procedures described in this
chapter are not required before the termination of a child's eligibility under this article due to graduation from secondary
school with a regular high school diploma, or exceeding the age eligibility for FAPE.
 Evaluation procedures; 300.304; 300.305; ARSD 24:05:25:04
The district will ensure, at a minimum, that evaluation procedures include the following:
(1) Assessments and other evaluation materials are provided and administered in the child's native language or by
another mode of communication and in the form most likely to yield accurate information on what the child knows and can do
academically, developmentally, and functionally, unless it is clearly not feasible to so provide or administer. In addition,
assessments and other evaluation materials:
(a) Are used for the purposes for which the assessments or measures are valid and reliable; and
(b) Are administered by trained and knowledgeable personnel in conformance with the instructions provided by
their producer;
(2) Assessments and other evaluation materials include those tailored to assess specific areas of educational need and
not merely those which are designed to provide a single general intelligence quotient;
(3) Assessments are selected and administered so as best to ensure that if an assessment is administered to a child
with impaired sensory, manual, or speaking skills, the assessment accurately reflects the child's aptitude or achievement level
or whatever other factors the assessment purports to measure, rather than the child's impaired sensory, manual, or speaking
skills except where those skills are the factors which the assessment purports to measure;
(4) No single measure or assessment is used as the sole criterion for determining eligibility or an appropriate
educational program for a child;
(5) A variety of assessment tools and strategies are used to gather relevant functional, developmental, and academic
information about the child, including information provided by the parents that may assist in determining:
(a) Whether the child is a child with a disability; and
(b) The content of the child's IEP, including information related to enabling the child:
(i) To be involved in and progress in the general education curriculum; or
(ii) For a preschool child, to participate in appropriate activities;
(6) Technically sound instruments, assessment tools, and strategies are used that:
(a) May assess the relative contribution of cognitive and behavioral factors, in addition to physical or
developmental factors; and
(b) Provide relevant information that directly assists persons in determining the educational needs of the child;
(7) The child is assessed in all areas related to the suspected disability, including, if appropriate, health, vision, hearing,
social and emotional status, general intelligence, academic performance, communicative status, and motor abilities; and
(8) The evaluation is sufficiently comprehensive to identify all of the child's special education and related services
needs, whether or not commonly linked to the disability category in which the child has been classified.
Assessments of children with disabilities who transfer from one district to another district in the same school year are
coordinated with those children's prior and subsequent schools, as necessary and as expeditiously as possible, consistent with
§ 24:05:25:03.01, to ensure prompt completion of full evaluations.
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 Determining eligibility; 300.306; ARSD 24:05:25:04.03
Upon completing the administration of assessments and other evaluation measures as required by this chapter, the individual
education program team and other qualified individuals will determine whether the student is a student with a disability, and
will determine the educational needs of the child, as defined in this article. The district will provide a copy of the evaluation
report and the documentation of determination of eligibility at no cost to the parent. A student may not be determined to be a
student with a disability if the determinant factor for that decision is lack of appropriate instruction in reading, including the
essential components of reading instruction as defined in ESEA, or lack of appropriate instruction in math or limited English
proficiency and if the student does not otherwise meet the eligibility criteria under chapter § 24:05:24.01.
In interpreting evaluation data for the purpose of determining eligibility and determining the educational needs of the child in
making placement decisions, including decisions regarding preschool children, the district will do the following:
i. Draw upon information from a variety of sources, including aptitude and achievement tests, parent input, teacher
recommendations, physical condition, social or cultural background, and adaptive behavior;
ii. Ensure that information obtained from all of these sources is documented and carefully considered;
iii. Ensure that the placement decision is made by a group of persons, including persons knowledgeable about the
child, the meaning of the evaluation data, and the placement options;
iv. Ensure that the placement decision is made in conformity with the least restrictive environment rules in district
policy; and
v. Ensure that the parents of each child with a disability are members of any group that makes decisions on the
educational placement of their child.
If a determination is made that a child is disabled and needs special education and related services, an individual education
program must be developed for the child in accordance with least restrictive environment requirements.
 Specific learning disabilities; 300.307 through 300.311; ARSD 24:05:25:07, ARSD 24:05:25:08, ARSD
24:05:25:11, ARSD 24:05:25:12
1. Documentation of eligibility for specific learning disabilities. For a child suspected of having a specific learning disability, the
documentation of the determination of eligibility will contain a statement of:
(1) Whether the child has a specific learning disability;
(2) The basis for making the determination, including an assurance that the determination has been made in
accordance with this section;
(3) The relevant behavior, if any, noted during the observation of the child and the relationship of that behavior to
the child's academic functioning;
(4) The educationally relevant medical findings, if any;
(5) Whether:
(a) The child does not achieve adequately for the child's age or does not meet state-approved grade-level
standards; and
(b) The child does not make sufficient progress to meet age or state approved grade-level standards; or the child
exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, state-approved grade
level standards or intellectual development.
(6) The determination of the group concerning the effects of a visual, hearing, or motor disability; cognitive disability;
emotional disturbance; cultural factors; environmental or economic disadvantage; or limited English proficiency on the child's
achievement level;
(7) If the child has participated in a process that assesses the child's response to scientific, research-based
intervention:
(a) The instructional strategies used and the student-centered data collected; and
(b) The documentation that the child's parents were notified about:
(i) The state's policies regarding the amount and nature of
student performance data that would be collected and the
general education services that would be provided;
(ii) Strategies for increasing the child's rate of learning; and
(iii) The parent's right to request an evaluation;
(8) If using the discrepancy model, the group finds that the child has a severe discrepancy of 1.5 standard deviations
between achievement and intellectual ability in one or more of the eligibility areas, the group shall consider regression to the
mean in determining the discrepancy; and
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(9) If using the response to intervention model for eligibility determination, the group shall demonstrate that the
child's performance is below the mean relative to age or state approved grade level standards.
2. Group members to certify report in writing. Each group member shall certify in writing whether the report reflects his
conclusion. If it does not reflect a group member's conclusion, the group member must submit a separate statement presenting
his conclusions.
Section VIII Confidentiality 34 C.F.R. 300.123; ARSD 24:05:29, ARSD 24:05:21:05
The district will ensure compliance with all regulations regarding the confidentiality of records and information, as noted in 34
C.F.R. §§300.610 through 300.626. Specific references must include:
 Notice requirements to parents; 300.612; ARSD 24:05:29:18

 Access rights; 300.613; ARSD 24:05:29:04
 Record of access; 300.614; ARSD 24:05:29:05
 Records on more than one child; 300.615; ARSD 24:05:29:06
 List of types and locations of information; 300.616; ARSD 24:05:29:07
 Fees for copies of records; 300.617; ARSD 24:05:29:08
 Amendments to records at parent’s request; 300.618; ARSD 24:05:29:09
 Opportunity for a hearing; 300.619; ARSD 24:05:29:10
 Result of hearing and hearing procedures; 300.620-621; ARSD 24:05:29:12
 Parental consent for the release of records; 300.622; ARSD 24:05:29:13
 Safeguarding of records; 300.623: ARSD 24:05:29:14
 Destruction of information; 300.624; ARSD 24:05:29:15
 Children’s rights; transfer at the age of majority; 300.625; ARSD 24:05:29:16
 Enforcement; policies and procedures; 300.626; ARSD 24:05:29:17
 Transfer of records for migratory children with disabilities; 300.213; ARSD 24:05:21:05
The Mitchell School District ensures the compliance with all regulations regarding the confidentiality of personally identifiable
information and all records according to 34 CFR 300.610 through 300.626.
 Notice requirements to parents; 300.612; ARSD 24:05:29:18
The district will annually notify parents of students currently in attendance at the agency or institution of their rights under the
Family Educational Rights and Privacy Act (Act) and this section. The notice must inform the parent or eligible student that the
parent or eligible student has a right to do the following:
a. Inspect and review the student’s education records;
b. Seek amendment of the student’s education records to ensure that they are not inaccurate, misleading, or
otherwise in violation of the student’s privacy or other rights;
c. Consent to disclosure of personally identifiable information contained in the student’s educational records, except
to the extent that the Act and the regulations in this section authorize disclosure without consent;
d. File with the U.S. department of education a complaint concerning alleged failures by the agency or institution to
comply with the requirements of the Act and this section;
The notice will also include the procedures for exercising the right to inspect and review education records, the procedures for
requesting the amendment of records and, if the educational agency or institution has a policy of disclosing education records,
a specification of criteria for determining who constitutes a school official and what constitutes a legitimate educational
interest.
The district may provide this notice by any means that are likely to inform the parents and eligible students of their rights and
that will effectively notify parents of students who have a primary or home language other than English, and parents or eligible
students who are disabled.
 Access rights; 300.613; ARSD 24:05:29:04
The district will permit parents to inspect and review any education records relating to their student which are collected,
maintained, or used by the agency under this section. The district will comply with a request without unnecessary
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delay and before any meeting regarding an individual education program or hearing relating to the identification, evaluation, or
placement of the student, or discipline hearing or resolution session and in no case more than 45 calendar days after the
request has been made. The right to inspect and review education records under this section includes the following:
a. The right to response from the district to reasonable requests for explanations and interpretations of the
records;
b. The right to request that the district provide copies of the records containing
the information if failure to provide these copies would effectively prevent the
parent from exercising the right to inspect and review the records; and
c. The right to have a representative of the parent inspect and review the records.
The district may presume that the parent has authority to inspect and review records relating to his child unless the agency has
been advised that the parent does not have the authority under applicable state law governing such matters as guardianship,
separation, divorce, or custody.
 Record of Access; 300.614; ARSD 24:05:29:05
The district will keep a record of parties obtaining access to education records collected, maintained, or used under this section,
except access by parents and authorized employees of the district, including the name of the party, the date access was given,
and the purpose for which the party is authorized to the use the records.
A parent or eligible student may inspect this record on request.
 Records on more than one child; 300.615; ARSD 24:05:29:06
If any education record includes information on more than one child, the parents of those children may inspect and review only
the information relating to their child or to be informed of that specific information.
 List of types and locations of information; 300.616; ARSD 24:05:29:07
The district will provide parents on request a list of the types and locations of education records collected, maintained, or used
by the district.
 Fees for copies of records; 300.617; ARSD 24:05:29:08
The district may charge a fee for copies of records which are made for parents under this section if the fee does not effectively
prevent the parents from exercising their right to inspect and review those records. The district may not charge a fee to search
for or retrieve information under this section.
 Amendment of records at parents’ request; 300.618; ARSD 24:05:29:09
A parent who believes that information in education records collected, maintained, or used under these rules is inaccurate or
misleading or violates the privacy or other rights of the student may request the district which maintains the information to
amend the information.
The district will decide whether to amend the information in accordance with the request within a reasonable period of time of
receipt of the request. If the district decides to refuse to amend the information in accordance with the request, it will inform
the parent of the refusal and advise the parent of the right to a hearing.
 Opportunity for a hearing; 300.619; ARSD 24:05:29:10
The district will, on request, provide an opportunity for a hearing to challenge information in education records to ensure that it
is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student.
 Result of hearing and hearing procedures; 300.620-621; ARSD 24:05:29:12
At a minimum, the district's hearing procedures must include the following elements:
a. The hearing must be held within 30 days after the district received the request, and the parent of the student or
eligible student will be given notice of the date, place, and time 5 days in advance of the hearing;
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b. The hearing may be conducted by any party, including an official of the district, who does not have a direct interest
in the outcome of the hearing;
c. The parent of the student or eligible student will be afforded a full and fair opportunity to present evidence
relevant to the issues raised and may be assisted or be represented by individuals of his choice at his own expense,
including an attorney;
d. The district will make its decision in writing within 30 days after the conclusion of the hearing. The decision of the
district will be based solely upon the evidence presented at the hearing and will include a summary of the evidence
and the reasons for the decision.
If, as a result of the hearing, the district decides that the information is inaccurate, misleading, or otherwise in violation of the
privacy or other rights of the student, it will amend the information accordingly and inform the parents in writing.
If, as a result of the hearing, the district decides that the information is not inaccurate, misleading, or otherwise in violation of
the privacy or other rights of the student, it will inform the parents of the right to place in the records it maintains on the
student a statement commenting on the information or setting forth any reasons for disagreeing with the decision of the
district.
Any explanation placed in the records of the student under this section must be maintained by the district as part of the records
of the student as long as the record or contested portion is maintained by the district. If the records of the student or the
contested portion is disclosed by the district to any party, the explanation must also be disclosed to the party.
 Parental Consent for release of records; 300.622; ARSD 24:05:29:13
Parental consent must be obtained before personally identifiable information is disclosed to parties other than officials of
participating agencies collecting or using the information under article 24:05 or used for any purpose other than meeting a
requirement under this chapter, unless the information is contained in education records and the disclosure is authorized
without parental consent under FERPA. The district may not release information from education records to participating
agencies without parental consent except as follows:
(1) An educational agency or institution may disclose personally identifiable information from the education records
of a student without the written consent of the parent of the student or the eligible student if the disclosure is to
other school officials, including teachers, within the educational institution or local educational agency who have
been determined by the agency or institution to have legitimate educational interests or to officials of another school
or school system in which the student seeks or intends to enroll, subject to the requirements set forth in subdivision
of this section; and
(2) An educational agency or institution that discloses the education records of a student pursuant to subdivision (1)
of this section will make a reasonable attempt to notify the parent of the student or the eligible student at the last
known address of the parent or eligible student, unless the disclosure is initiated by the parent or eligible student.
If the agency or institution includes in its annual notice of parent's rights that it is the policy of the public agency to forward
education records on request to a school in which a student seeks or intends to enroll, then the public agency does not have to
provide any further notice of the transfer of records.
Notwithstanding the FERPA exceptions for releasing information from education records without parental consent, including
the annual notice provision, if a student is enrolled, or is going to enroll in a private school that is not located in the district of
the parent’s residence, parental consent must be obtained before any personally identifiable information about the student is
released between officials in the district where the private school is located and officials in the district of the parent’s
residence.
An educational agency receiving personally identifiable information from another educational agency or institution may make
further disclosures of the information on behalf of the educational agency without the prior written consent of the parent or
eligible student if the conditions of subdivisions (1) and (2) of this section are met and if the educational agency informs the
party to whom disclosure is made of these requirements.
 Safeguarding of records; 300.623; ARSD 24:05:29:14
The district will protect the confidentiality of personally identifiable information at collection, storage, disclosure, and
destruction stages. Officials in the district will assume responsibility for ensuring the confidentiality of any personally
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identifiable information. All persons collecting or using personally identifiable information must receive training or instruction
regarding the provisions of this section concerning personally identifiable information.
The district will maintain for public inspection a current listing of the names and positions of those employees within the district
who may have access to personally identifiable information on student in need of special education or special education and
related services.
 Destruction of information; 300.624; ARSD 24:05:29:15
The district will inform parents when personally identifiable information collected, maintained, or used under this section is no
longer needed to provide educational services to the student. The information no longer needed must be destroyed at the
request of the parents. However, a permanent record of the student's name, address, and phone number, the student's grades,
attendance record, classes attended, and grade level completed may be maintained without time limit.
 Children’s rights; transfer at the age of majority; 300.625; ARSD 24:05:29:16
All of the parental rights in this section are extended to the child upon reaching the age of 18 unless the child has been declared
incompetent by the courts, consistent with the transfer of student rights at age of majority, including taking into consideration
the type or severity of a child’s disability.
 Enforcement; Policy and Procedure; 300.626; ARSD 24:05:29:17
The department of education, special education programs, is the entity responsible for ensuring the district complies with the
requirements on confidentiality of information through on-site monitoring, approval of comprehensive plans, and complaint
resolution. Sanctions for noncompliance include the disapproval of local special education programs and the withholding of
state and federal funds.
 Transfer of records for migratory children with disabilities; 300.213; ARSD 24:05:21:05
The district will cooperate in the U.S. Secretary of Education's efforts under section 1308 of the ESEA to ensure the linkage of
records pertaining to migratory children with disabilities for the purpose of electronically exchanging, among the states, health
and educational information regarding those children.
SECTION IX: Transition from Part C to Part B, 34 C.F.R. § 300.124; ARSD 24:05:27:21
The district will ensure that children participating in early intervention programs assisted under Part C, and who will participate
in preschool programs assisted under Part B, experience a smooth and effective transition to those preschool programs. By the
third birthday of such a child, an individualized education program (IEP) or, if consistent with 34 C.F.R. § 300.323(b), in
individualized family service plan (IFSP), has been developed and is being implemented for the child. The local education agency
(LEA) will participate in transition planning conferences arranged by the designated lead agency.
The Mitchell School District ensures that children participating in early intervention programs under Part C, and who will
participate in preschool programs under Part B experience a smooth and effective transition to district preschool programs.
Further, each eligible child with a disability will have in place at the time of their third birthday, an appropriate IEP or IFSP for
the provision of special education and related services has been developed and implemented. The district participates in
transition planning conferences as coordinated by the local Part C agency.
The State Part C coordinator contacts the district to alert them of the child turning 3. Several months before a B-3 child turns 3,
the district will initiate evaluation procedures to determine potential eligibility for Part B and they will hold an eligibility
meeting at least 90 days, but not more than 9 months prior to the child turning 3. This evaluation planning includes contact
and input from the child’s family. When the child turns 3, the district will begin monitoring progress through quarterly progress
notes.
SECTION X: Private School Placements; 34 C.F.R. §§ 300.129 – 300.148; 24:05:31, ARSD 24:05:32
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The district will ensure that all responsibilities to children placed in private schools within the jurisdiction of the LEA are met.
Consistent with the number and location of children with disabilities within the jurisdiction of the district, such students
enrolled in private elementary and secondary schools will have provisions made for the participation in programs assisted or
carried out under Part B for the purpose of providing special education and related services. Specific references must include:
 Definition of parentally-placed private school children; 300.130; ARSD 24:05:32:01

 Child find for parentally-placed private school children with disabilities; 300.131; ARSD 24:05:32:01.01
 Provision of services for parentally-placed private school children with disabilities; 300.132; ARSD 24:05:32:03.01,
ARSD.
 Expenditures for parentally-placed private school children with disabilities; 300.133; ARSD 24:05:32:01:02
 Consultation process with private schools attended by children with disabilities; 300.134; ARSD 24:05:32:01:05
 Written affirmation by private school officials of meaningful consultation; 300.135; ARSD 24:05:32:01.06
 Compliance; rights of private school officials to submit a state complaint; 300.136; ARSD 24:05:32:01.07
 Determination of equitable services for parentally-placed private school students with disabilities; 300.137; ARSD
24:05:32:03.02,
 Provision of equitable services for parentally-placed private school students with disabilities; 300.138; ARSD
24:05:32:03.02
 Location of services and transportation; 300.139; ARSD 24:05:32:03.03
 Due process complaints and state level complaints; 300.140; ARSD 24:05:32:03.04
 Requirements that funds not benefit a private school; 300.141; ARSD 24:05:32:12
 Use of personnel for the provision of services to parentally-placed private school students with disabilities; 300.142;
ARSD 24:05:32:13
 Prohibition on separate classes; 300.143; ARSD 24:05:32:11
 Property, equipment, and supplies used to provide special education and related services to parentally-placed private
school students with disabilities; 300.144; ARSD 24:05:32:15, ARSD 24:05:32:16
 Children with disabilities in private schools placed or referred by public agencies; 300.145 – 300.147; ARSD
24:05:34:02
 Placement of children with disabilities by their parents in private schools when FAPE is an issue; 300.148; ARSD
24:05:31:01-07
The Mitchell School District ensures compliance with 34 CFR 300.129 through 300.148, governing private school placements
within the boundaries of the district. Through consultation with private school representatives, the district ensures that it will
locate, identify and evaluate all children with disabilities who are enrolled by their parents in a private school within the
district’s boundaries. For all eligible students with disabilities enrolled in private schools by their parents, a service plan will be
developed in accordance with 300.132, and records maintained documenting the number of students evaluated and served in
these settings.
 Definition of parentally-placed private school children; 300.130; ARSD 24:05:32:01
The district understands that parentally-placed private school children with disabilities are defined as children with disabilities
whose parents have unilaterally enrolled them in private schools (including religious schools) that meet the state definition of
elementary or secondary schools.
 Child find for parentally-placed private school children with disabilities; 300.131; ARSD 24:05:32:01.01
The district understands that it is responsible for conducting child find activities in private schools that happen to be within the
boundaries of the district and must maintain records regarding the number of children evaluated, the number of children found
to have a disability, and the number of children served.
 Provision of services for parentally-placed private school children with disabilities; 300.132; ARSD 24:05:32:03.01
The district will write a service plan to guarantee the services for parentally-placed private school children with disabilities, with
a representative of the private school in attendance (or participating by phone).
 Expenditures for parentally-placed private school children with disabilities; 300.133; ARSD 24:05:32:01:02
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The district will spend an amount, proportional to federal subgrants received, for the special education of children with
disabilities in parentally-placed private schools within the district. If there are any excess funds, they may be carried over to a
maximum of one year.
 Consultation process with private schools attended by children with disabilities; 300.134; ARSD 24:05:32:01:05
When deciding how to spend federal funds designated for children with disabilities parentally-placed in private schools, the
district will consult with private school representatives and representatives of parents of parentally-placed private school
children with disabilities.
 Written affirmation by private school officials of meaningful consultation; 300.135; ARSD 24:05:32:01.06
Following the consultation, the district will seek to acquire written affirmation by private school officials of the meaningful
consultation that took place. If the private school does not provide written affirmation, the district will forward documentation
of the consultation process to the department.
 Compliance; rights of private school officials to submit a state complaint; 300.136; ARSD 24:05:32:01.07
The district understands that private school officials have the right to submit a state complaint about consultation or other
related matters. If this occurs, the district will forward its relevant documentation to the department.
 Determination of equitable services for parentally-placed private school students with disabilities; 300.137; ARSD
24:05:32:03.02
The district determines the services for parentally-placed private school students with disabilities through the general process
agreed through consultation with the private school officials and representative parents. Then specific services are written
through the services plan created for each child.
 Provision of equitable services for parentally-placed private school students with disabilities; 300.138; ARSD
24:05:32:03.02
The district agrees to provide the same quality of personnel and services for private school students as would have been
provided for public school students. Additionally, the services, material, and equipment must be secular, neutral, and
nonideological. However, the amount of services may be less than what would have been received had the student been
enrolled in the public district.
 Location of services and transportation; 300.139; ARSD 24:05:32:03.03
The district understands that special education and related services may be provided at the private school site, but the district
may not be required to transport students with disabilities from the home to the private school site.
 Due process complaints and state level complaints; 300.140; ARSD 24:05:32:03.04
The district understands that even though due process complaints and hearings would not occur related to the provision of
special education services for parentally-placed private school students with disabilities, they could occur related to child find.
 Use of personnel for the provision of services to parentally-placed private school students with disabilities;
300.142; ARSD 24:05:32:13
The district understands that it may use funds to make personnel available for the provision of special education and related
services in private schools.
 Prohibition on separate classes; 300.143; ARSD 24:05:32:11
The district understands that it is not allowed to use the funds to create separate classes to segregate children with disabilities
separately.
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 Property, equipment, and supplies used to provide special education and related services to parentally-placed
private school students with disabilities; 300.144; ARSD 24:05:32:15, ARSD 24:05:32:16
The district understands that it is still responsible to account for property, equipment, and supplies placed in private schools for
parentally-placed private school students with disabilities. Such inventory will be removed from the private school when it is no
longer needed there.
 Children with disabilities in private schools placed or referred by public agencies; 300.145 – 300.147; ARSD
24:05:34:02
The district understands that it is still responsible for Child Find for students placed in private schools by public agencies, but
the state is responsible for the costs of special education and related services.
 Placement of children with disabilities by their parents in private schools when FAPE is an issue; 300.148; ARSD
24:05:31:01-07
The district understands that if a student with a disability is placed in a private school because the district could not provide
FAPE, then the district may be responsible for the costs of the education.
SECTION XI: Compliance with SEA General Supervision Requirements and Implementation of Procedural Safeguards; 34 C.F.R.
§§ 300.149 – 300.150; ARSD 24:05:30:01, ARSD 24:05:20:18; State Complaint Procedures; 34 C.F.R. §§ 300.151 – 300.153;
ARSD 24:05:15
The district will ensure compliance with all SEA procedures under general supervision and that programs meet the standards of
the SEA. Specific references must include:
 Responsibility for general supervision and procedural safeguards; 300.149-150; ARSD 24:05:20:18; ARSD 24:05:30:01
 State complaint procedures; 300.151-153; ARSD 24:05:15
The Mitchell School District will comply with any and all requests for information from the South Dakota Department of
Education, Special Programs Office related to its obligation to provide general supervision over LEAs in the state. This includes
any and all requests for information or data related to monitoring and compliance with regulations as established by the SEA.
 Responsibility for general supervision and procedural safeguards; 300.149-150; ARSD 24:05:30:01
The district will establish, maintain, and implement procedural safeguards which meet the requirements of the chapter ARSD
24:05:30.
 State complaint procedures; 300.151-153; ARSD 24:05:15
A complaint is a written signed statement by an individual or organization, including an individual or organization from another
state, containing a statement that the department of education or a district has violated a requirement of federal or state
statutes, rules, or regulations that apply to a program and a statement of the facts on which the complaint is based. The
complaint must allege a violation that occurred not more than one year before the date the complaint is received by the
department. The written signed statement shall also include:
(1) The signature and contact information for the complainant; and
(2) If alleging violations with respect to a specific child:
(a) The name and address of the residence of the child;
(b) The name of the school the child is attending;
(c) In the case of a homeless child or youth, available contact information for the child and the name of the school
the child is attending;
(d) A description of the nature of the problem of the child, including facts related to the problem; and
(e) A proposed resolution of the problem to the extent known and available to the party at the time the complaint is
filed.
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An organization or individual may file a written, signed complaint with the state director of special education. The party filing
the complaint shall forward a copy of the complaint to the district serving the child at the same time the party files the
complaint with the department.
If the complaint is against a district, the following steps shall be taken:
(1) The state director of special education shall appoint a complaint investigation coordinator from the department's
special education programs. The coordinator and any consultants may conduct an independent on-site investigation if it
determines that one is necessary;
(2) The complainant may submit additional information, either orally or in writing, about the allegations in the
complaint;
(3) The district may respond to the complaint, including, at a minimum:
(a) At the discretion of the district, a proposal to resolve the complaint; and
(b) An opportunity for a parent who has filed a complaint and the district to voluntarily engage in
mediation consistent with this article;
(4) The complaint coordinator and any consultants shall make a recommendation to the state director of special
education;
(5) After reviewing all relevant information, the state director of special education shall make an independent
determination as to whether the complaint is valid, what corrective action is necessary to resolve the complaint, and the time
limit during which corrective action is to be completed. The state director of special education shall submit a written report of
the final decision to all parties involved;
(6) The written report shall address each allegation in the complaint, contain findings of fact and conclusions, and
include reasons for the final decision;
(7) If the complaint is valid, the state director of special education shall find the district out of compliance with
federal and state statutes and rules;
(8) If corrective action is not completed within the time limit set, including technical assistance and negotiations, the
department shall withhold all federal funds applicable to the program until compliance with applicable federal and state
statutes and rules is demonstrated by the district;
(9) When the district demonstrates completion of required correction action, the department's Office of Finance and
Management shall be notified by the state director of special education, and all moneys withheld shall be paid to the district;
and
(10) Documentation supporting the corrective actions taken by a district shall be maintained by the department's
special education programs and incorporated into the state's monitoring process.
All complaints must be resolved within 60 days after receipt of the complaint by the state director of special education except
as stated in this section. The time limit of 60 days may be extended only under exceptional circumstances as determined by the
state director of special education, such as the need for additional time to provide necessary information. Under these
circumstances, an extension of time may not exceed 30 days in any one instance.
In addition, the 60-day time limit may be extended, if the parent, individual, or organization and the district involved in the
complaint agree to engage in mediation in order to attempt to resolve the issues specified in the complaint.
The South Dakota Department of Education, Special Education Programs, shall inform parents and other interested individuals,
including parent training centers, protection and advocacy agencies, independent living centers, and other appropriate entities
about the state's complaint procedures by taking the following actions:
(1) Conducting parent surveys through the state's monitoring process;
(2) Providing copies of the state's procedures to parent and advocacy groups across the state;
(3) Notifying local districts through statewide memoranda;
(4) Presenting state procedures at statewide conferences; and
(5) Disseminating copies to parent training and information centers, independent living centers, protection and
advocacy agencies, and other appropriate entities.
If a written complaint is received that is also the subject of a due process hearing under this article or contains multiple issues,
of which one or more are part of that hearing, the department shall set aside any part of the complaint that is being addressed
in the due process hearing until the conclusion of the hearing. However, any issue in the complaint that is not a part of the due
process action must be resolved using the time limit and procedures described in this chapter.
If an issue is raised in a complaint filed under this section that has previously been decided in a due process hearing involving
the same parties, the hearing decision is binding on that issue and the department shall inform the complainant to that effect.
A complaint alleging a district's failure to implement a due process decision must be resolved by the department.
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SECTION XII: FAPE Methods of Ensuring Services 34 C.F.R. § 300.154; ARSD 24:05:14:01.03, ARSD 24:05:14:01.06
The district will ensure that public and/or private benefits available to a student with a disability are used appropriately, and
that parents incur no cost in the provision of those services necessary for FAPE. Specific references must include:
 Restrictions and requirements on accessing public benefits (Medicaid); 300.154(d); ARSD 24:05:14:01.03
 Restrictions and requirements on accessing private benefits; 300.154(e); ARSD 24:05:14:01.03
 Use of Part B funds for services when parent consent is unable to be obtained; 300.154(f); ARSD 24:05:14:01.06
The Mitchell District ensures that public and private benefits available to a student with a disability will be used appropriately to
support the provision of FAPE at no cost or harm to the parents.
 Restrictions and requirements on accessing public benefits (Medicaid); 300.154(d); ARSD 24:05:14:01.03
The district may use Medicaid or other public benefits or insurance program in which a student participates to provide or pay
for services required under this article as permitted under the public benefits or insurance program, except as provided in this
section. With regard to services required to provide FAPE to an eligible student under this article the public agency:
(1) May not require parents to sign up for or enroll in public benefits or insurance program in order for their student
to receive FAPE under Part B of the IDEA;
(2) May not require parents to incur an out-of-pocket expense such as the payment of a deductible or co-pay amount
incurred in filing a claim for services provided pursuant to this article, but pursuant to § 24:05:14:01.06, may pay the cost that
the parent otherwise would be required to pay;
(3) May not use a student's benefits under a public benefits or insurance program if that use would:
(a) Decrease available lifetime coverage or any other insured benefit;
(b) Result in the family paying for services that would otherwise be covered by the public benefits or
insurance program and that are required for the student outside of the time the student is in school;
(c) Increase premiums or lead to the discontinuation of benefits or insurance; or
(d) Risk loss of eligibility for home and community-based waivers, based on aggregate health-related
expenditures;
(4) Must provide written notification to the student's parents pursuant to § 24:05:14:01.04; and
(5) Must obtain written parental consent consistent with § 24:05:29:13 before accessing a student's or parent's
public benefits or insurance for the first time specifying:
(a) Personally identifiable information, as defined in § 24:05:29:02(12), that may be disclosed (e.g., records
or information about the services that may be provided to a particular student);
(b) The purpose of the disclosure (e.g., billing for services under this article);
(c) That disclosure will be made to the state Medicaid agency; and
(d) That the parent understands and agrees that the public agency may access the parent's or student's
public benefits or insurance to pay for services under this article.
Before accessing a student's or parent's public benefits or insurance for the first time, and annually thereafter, the district will
provide written notification consistent with § 24:05:30:06 to the student's parents that includes a statement:
(1) Of the parental consent and no cost requirements in § 24:05:14:01.03;
(2) That parents have the right under FERPA, as defined in § 24:05:29:02(1), and Part B of the IDEA to withdraw their
consent to disclosure of their student's personally identifiable information to the state Medicaid agency at any time; and
(3) That the withdrawal of consent or refusal to provide consent under FERPA and Part B of the IDEA to disclose
personally identifiable information to the state Medicaid agency does not relieve the district of its responsibility to ensure that
all required services are provided at no cost to the parents.
 Restrictions and requirements on accessing private benefits; 300.154(e); ARSD 24:05:14:01.03
With regard to services required to provide FAPE to an eligible student under this article, the district may access a parent's
private insurance proceeds only if the parent provides informed consent consistent with this article. Each time the district
proposes to access the parent's private insurance proceeds, it will:
(1) Obtain parent consent in accordance with this article; and
(2) Inform the parents that their refusal to permit the public agency to access their private insurance does not relieve
the public agency of its responsibility to ensure that all required services are provided at no cost to the parents.
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 Use of Part B funds for services when parent consent is unable to be obtained; 300.154(f); ARSD 24:05:14:01.06
If the district is unable to obtain parental consent to use the parent's private insurance, or public benefits or insurance if the
parent would incur a cost for a specified service required under this article, to ensure FAPE, the district may use funds obtained
through Part B of IDEA to pay for the service.
To avoid financial cost to parents who otherwise would consent to use private insurance, or public benefits or insurance if the
parent would incur a cost, the district may use funds obtained through Part B of IDEA to pay the cost the parents otherwise
would have to pay to use the parent's benefits or insurance (e.g., the deductible or co-pay amounts).
Proceeds from public benefits or insurance or private insurance may not be treated as program income for purposes of 34
C.F.R. § 80.25.
If the district spends reimbursements from federal funds (e.g., Medicaid) for services under this article, those funds are not
considered "state or local" funds for purposes of the maintenance of effort provisions in this article.
SECTION XIII: Hearings Related to LEA Eligibility 34C.F.R. § 300.155; ARSD 24:05:2023:01
The district understands the right to a hearing regarding any final determination of the SEA on eligibility for funding under Part
B.
The Mitchell School District understands it has a right to a hearing before the SEA makes any final determination regarding
eligibility for funding under Part B.
SECTION XIV: Personnel Qualifications 34 C.F.R. § 300.156; ARSD 24:05:16:16 & ARSD 24:05:16:01
The district will ensure that personnel necessary to carry out the provision of special education and related services are
appropriately and adequately prepared and trained, including that those personnel have the content knowledge and skills to
serve children with disabilities, including related service personnel and paraprofessionals. Each district will take measurable
steps to recruit, hire, train, and retain highly qualified personnel to provide special education and related services to children
with disabilities (24:05:16:05, ARSD).
The Mitchell School District ensures that appropriately certified and/or licensed professionals will be employed to provide
services to students with disabilities. In addition, the district will provide ongoing training to all staff and paraprofessionals to
assist all in the provision of services to students with disabilities. Further, the district ensures that each special education
teacher at the elementary, middle, and high school level is highly-qualified per the standards of the ESEA. The district will take
steps to recruit, hire, train and retain highly qualified personnel as specified under SD administrative rule.
 Personnel qualifications; ARSD 24:05:16:16
To ensure that all personnel necessary to carry out the purposes of Part B and Part C of the Individuals with Disabilities
Education Act are appropriately and adequately prepared and trained, including ensuring that those personnel have the
content knowledge and skills to serve children with disabilities, the department shall determine that all personnel providing
special education or related services, including related services, paraprofessionals and assistants, early intervention, and early
childhood personnel, perform these functions under state-approved or state-recognized certification or licensure or other
comparable requirements that apply to the area in which the person is providing special education or related services. The
department shall ensure that related services personnel who deliver services in their discipline or profession meet the
requirements of this section and have not had certification or licensure requirements waived on an emergency, temporary, or
provisional basis.
 Paraprofessionals and assistants; ARSD 24:0516:16:01
Paraprofessionals and assistants who are appropriately trained and supervised in accordance with this section may be used to
assist in the provision of special education and related services to children with disabilities under Part B of the Individuals with
Disabilities Education Act. At a minimum, the following standards must be met:
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(1) Paraprofessionals must have a high school diploma or GED;
(2) Paraprofessionals must work within defined roles and responsibilities as identified by the district;
(3) Paraprofessionals must work under the supervision of, and be evaluated by, certified staff; and
(4) Each district must describe the training to be provided paraprofessionals in the staff development component of
the district's comprehensive plan under § 24:05:16:05.
SECTION XV: Performance Goals and Indicators 34 C.F.R. § 300.157; ARSD 24:05:14:13
The district will ensure the implementation of state established performance goals and indicators for students with disabilities
within their jurisdiction. Specific reference must include:
 Student information management system (SIMS)
The Mitchell School District will comply with all requests by the SEA for data submission that is instrumental in monitoring the
performance of the student population with respect to state established goals and indicators, and will submit such data on a
timely basis. District personnel responsible for data submission may include district administrators and clerical staff.
SECTION XVI: Participation in Assessments 34 C.F.R. § 300.160; ARSD 24:05:14:14, ARSD 24:05:14:14.01
The district will ensure that all children with disabilities are included in all general State and district wide assessment programs,
including those assessments described under section 1111 of the Elementary and Secondary Education Act (ESEA), with
appropriate accommodations and alternate assessments where necessary, and as indicated in their respective individual
education programs (IEP).
The Mitchell School District ensures that all students with disabilities will be included in state and district assessments, with
appropriate accommodations and alternate assessments when necessary. Parents will be informed of their child’s participation
during the course of the IEP meeting, including any necessary accommodations or any assessment that will be based on
alternate or modified achievement standards.
The district will provide all necessary data to the SEA on the participation of students with disabilities in state and district wide
testing programs and will, to the extent possible, utilize universal design principles in the development and administration of
any assessments.
SECTION XVII: Supplementation of State, local, and other Federal Funds 34 C.F.R. §§ 300.162-163; ARSD 24:05:19:0
The district will ensure the appropriate use of funds under Part B, consistent with 34 C.F.R. § 300.202(a)(1)(2)(3), to pay for the
excess costs of providing special education and related services to children with disabilities within their jurisdiction and that
such funds will be used to supplement state, local, and Federal funds, not supplant those funds.
 Maintenance of effort; 300.163; ARSD 24:05:19:08.03
The Mitchell School District ensures appropriate use of funds under Part B to pay for the excess costs of providing special
education and related services to children with disabilities. Available funding will be used to supplement state, local, and
federal funds, and not supplant those funds.
SECTION XVIII: Public Information 34 C.F.R. § 300.165; ARSD 24:05:20:02
The district will ensure that prior to the adoption of any policies necessary to comply with the requirements under Part B,
including any amendments to policies and procedures, there will be public hearings, adequate notice of the hearings, and an
opportunity for comment available to the general public, including individuals with disabilities and parents of individuals with
disabilities. The district will make available to parents of children with disabilities and the general public all documents relating
to the district eligibility under Part B of the IDEA.
The district makes all public records available upon request during normal business hours.
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SECTION XIX: State Advisory Panel 34 C.F.R. § 300.167-169; ARSD 24:05:14:18-19
The district supports the work of the State Advisory Panel to provide policy guidance to the SEA with respect to special
education and related services for children with disabilities.
The Mitchell School District supports the work of the State Special Education Advisory Panel and will refer interested parents to
the appropriate state contact if they are interested in serving on the panel.
SECTION XX: Other Required Provisions 34 C.F.R. § 300.170 through 300.174.
The district will ensure the following specific provisions have consistent policies for implementation at the local level. Specific
references must include:
 Suspension and expulsion rates; 300.170; ARSD 24:05:14:16

 Annual description of Part B funds; 300.171; ARSD 24:05:21:03
 Access to instructional materials (NIMAC); 300.172; ARSD 24:05:14:17
 Over-identification and disproportionality; 300.173; ARSD 24:05:17:10
 Prohibition on mandatory medication; 300.174; ARSD 24:05:14:21
The Mitchell School District ensures that the specific provisions of 300.170 through 300.173 and 24:05:21:04, ARSD have been
implemented at the district level, consistent with state policy.
 Suspension and expulsion rates; 300.170; ARSD 24:05:14:16
The department shall examine data, including data disaggregated by race and ethnicity, from local education agencies and
other state agencies, as appropriate, to determine whether significant discrepancies are occurring in the rate of long-term
suspensions and expulsions of children with disabilities among local educational agencies in the state or compared to the rates
for nondisabled children within the agencies. If discrepancies are occurring, the department shall review and, if appropriate,
revise or require the affected local education agency or state agency to revise its policies, procedures, and practices relating to:
(1) The development and implementation of individualized education programs;
(2) The use of positive behavioral interventions and supports; and
(3) Procedural safeguards to ensure that these policies, procedures, and practices comply with the Individuals with
Disabilities Education Act, Part B.
The district will submit data on suspension and/or expulsion with students with disabilities on an annual basis. If significant
discrepancies are occurring, the district may be required to revise its policies, procedures, and practices relating to the
development and implementation of IEP’s, the use of positive behavioral interventions and supports, and procedural
safeguards, to ensure that such policies, and practices comply with federal and state statute, rules, and regulations.
 Annual description of Part B funds; 300.171; ARSD 24:05:21:03
The information required in the district’s comprehensive plan coupled with statements of expenditures, descriptions of the
annual use of IDEA, Part B funds, and certification of federal assurances establish a district's eligibility for funds under the
Individuals with Disabilities Education Act, Part B.
 Access to instructional materials (NIMAC); 300.172; ARSD 24:05:14:17
The department shall adopt the National Instructional Materials Accessibility Standard (NIMAS), for the purposes of providing
instructional materials to blind persons or other persons with print disabilities. Blind persons or other persons with print
disabilities means children served under this article who qualify to receive books and other publications produced in specialized
formats in accordance with the federal Act to Provide Books for Adults who are Blind, in accordance with 2 U.S.C. 135a, as
amended to January 1, 2007.
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In implementing NIMAS, the department shall coordinate with the National Instructional Materials Accessibility Center
(NIMAC), and the department:
(1) As part of any print instructional materials adoption process, procurement contract, or other practice or
instrument used for purchase of print instructional materials, shall enter into a written contract with the publisher of the print
instructional materials to:
(a) Require the publisher to prepare and, on or before delivery of the print instructional materials, provide
to NIMAC electronic files containing the contents of the print instructional materials using the NIMAS; or
(b) Purchase instructional materials from the publisher that are produced in, or may be rendered in,
specialized formats;
(2) Shall provide instructional materials to blind persons or other persons with print disabilities in a timely manner.
In carrying out this section, the district, to the maximum extent possible, shall work collaboratively with the state agency
responsible for assistive technology programs.
 Over-identification and disproportionality; 300.173; ARSD 24:05:17:10
The department shall provide for the collection and examination of data to determine whether any inappropriate over-
identification or significant disproportionality based on race and ethnicity is occurring in the state and in districts of the state
with respect to:
(1) The identification of children as children with disabilities, including the identification of children as children with
disabilities in accordance with a particular impairment described in chapter 24:05:24.01;
(2) The placement in particular educational settings of these children; and
(3) The incidence, duration, and type of disciplinary actions, including suspensions and expulsions.
In the case of a determination of inappropriate over-identification or significant disproportionality with respect to the
identification of children as children with disabilities, or the placement in particular settings of these children, the department
shall provide for the review of and, if appropriate, revision of the policies, procedures, and practices used in the identification
or placement to ensure compliance with the requirements of Part B of the Individuals with Disabilities Education Act; require
any district identified under this section to reserve the maximum amount of funds allowable to provide comprehensive
coordinated early intervening services to serve children in the district, particularly, but not exclusively, children in those groups
that were significantly over-identified under this section; and require the district to publicly report on the revision of policies,
practices, and procedures described under this section
The district will submit annual child count data on the identification of students with disabilities. In the case of a determination
of inappropriate over-identification or significant disproportionality with respect to the identification of children with
disabilities, or the placement in particular settings of these children, the department shall provide for the review of and, if
appropriate, revision of the policies, procedures, and practices used in the identification for placement to ensure compliance
with the requirements of Part B of the Individuals with Disabilities Education Act; require any district identified under this
section to reserve the maximum amount of funds allowable to provide comprehensive coordinated early intervening services to
children in the district, particularly, not exclusively, children in those groups that were significantly over-identified under this
section: and require the district to publically report on the revision of policies, practices, and procedures described under this
section.
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April 25, 2022
Agenda Item
Subject: Board Consideration to Approve Middle School Handbook for the 2022-23 School
Year
Nature of action requested: Board Action X
Description of the item:
Each year, we place the elementary, middle school, and high school handbooks in front of
the Board for its approval. This approval makes the handbooks binding documents,
expressing the official policy of the school district. At this point, we are ready to approve the
Mitchell Middle School handbook. The vast majority of the handbook is unchanged.
However, you can see what changes that have been recommended in the supporting
documents.
The first document is the middle school handbook for the 21-22 school year. The second is
the listing of recommended changes for the 2022-23 handbook.
John Tyler, Mitchell Middle School Principal

102
ACADEMIC DISHONESTY………………….……..12 ACADEMIC DISHONESTY
ACTIVITIES ELIGIBILITY/CONDUCT ............... 12 The well being of the school community
ALCOHOL/TOBACCO/DRUGS .............................. 13 depends on each student’s accepting
ATTENDANCE (995-3051) ....................................... 13 responsibility for his or her personal conduct
both socially and academically. Academic
BEFORE AND AFTER SCHOOL ............................ 13
honesty requires that students produce work that
BUSSING ..................................................................... 14 is their own. Academic dishonesty is a
COUNSELING ........................................................... 14 student’s attempt to claim and show knowledge
DANCE RULES .......................................................... 14
and/or skills that he or she does not possess.
Instances of academic dishonesty will be
DISCIPLINE PLAN ................................................... 14 handled at the discretion of the teacher and will
DISTURBANCE OF SCHOOL ................................. 14 also be referred to administration for
DRESS CODE ............................................................. 15 documentation.
GRADING SCALE…………………………………..15
HARASSMENT .......................................................... 15 ACTIVITIES Eligibility and conduct
HOMEWORK............................................................. 15 School-sponsored extracurricular activities
HONOR ROLLS ......................................................... 15 start in the 6th grade (some activities are grade
ICU PROGRAM…………………………….………..15 specific). Middle Level students must have a
physical each year to participate in athletic
INCOMPLETE GRADES ......................................... 15
activities. Student activity tickets for high
INTERNET ACCESS ................................................. 15 school activities are available at Mitchell
LIBRARY .................................................................... 16 Middle School Registration and the Mitchell
LOCKERS ................................................................... 16
High School Main Office.
Eligibility and conduct: Participation in all
LOST AND FOUND ................................................... 16 activity programs is predicated upon successful
LUNCH ........................................................................ 16 work in the academic classroom. A Failing List
MAKE-UP WORK ..................................................... 16 check is done weekly at the Middle School on
Wednesdays. If a student is on that list with at
MEDICAL ................................................................... 16
least one (1) F letter grade, they are ineligible to
PERSONAL ELECTRONICS ................................... 16 miss class to compete in an event. The student
PETS……………………………...…………………...17 will still be allowed to practice if deemed
PROFANITY............................................................... 17 appropriate by the coaching staff and building
principal. If a student is on that list with at least
REPORT CARDS ....................................................... 17
one (1) F letter grade, that student WILL NOT
RETENTION/PROMOTION .................................... 17 be permitted to travel if it means lost school
SCHEDULE CHANGES ............................................ 17 time. If school transportation has left before the
SCHOOL INSURANCE............................................. 17
end of the school day, the person is ineligible
for that event. If a student has an incomplete
SCHOOL CANCELLATION .................................... 17
grade for ANY quarter they will not be allowed
SRB .............................................................................. 17 to leave school early to travel to a school event.
TARDY POLICY ........................................................ 17 A student may still participate in a home event
after school or on Saturday if they are only
TELEPHONES ........................................................... 17
failing one class. Any student failing three (3)
TOBACCO FREE SCHOOLS ................................. 17 or more classes is automatically ineligible to
VIOLENCE ................................................................. 18 practice or compete. A two-week grace period
VISITORS ................................................................... 18 will be allowed at the beginning of each quarter
for the failing list and activity participation.
WEAPONS .................................................................. 18
Power Hour is a priority over activities when
LEGAL NOTICES ..................................................... 19 assignments are owed. A student must attend
school the half day prior to the activity or
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activity dismissal in order to participate. Should  If a student is more than 30 minutes late
you as a parent have ANY questions regarding for any period he or she is considered
your son/daughter, please contact the Activities absent for that period.
Director at (605)995-3082. It is the policy of the  Continuous absence for prolonged
school district that participation in any extra- illness or a series of medical treatments
curricular activity is a privilege. The will be counted as one absence per day
participation privilege carries the responsibility unless a note from the physician is
of adherence to a code of conduct, which provided.
reflects the role model status of extra-curricular  Continuous absence due to bereavement
participants. Individual coaches may have or serious illness of the student’s
additional requirements. All students immediate family may be counted as one
participating in school activities are subject to absence. A note from the
the expectations stipulated in the Board Policy parent/guardian or physician will be
#1071 found at required.
https://www.themitchellkernels.com/board-policies  Absence for school activities will not
count as an absence.
ALCOHOL/TOBACCO/DRUGS  Students may be excused for other
We expect to have a safe and drug free school. exceptional reasons with approval of the
Illegal drugs, which include tobacco, nicotine principal.
not approved by the FDA, and alcohol, are
 Attendance will be counted on a
prohibited in school, on school grounds, at
semester basis.
school-sponsored activities, on student trips, or
Excused Absences:
when students are being transported in a district
 A student, who has been absent, on
vehicle.
returning to school, must present an
excuse (if telephone contact has not been
ATTENDANCE (605) 995-3051
made) stating the reason for the absence.
Regular attendance directly relates to a
The student is to get all missed
student’s ability to achieve in school. A student
assignments from his/her teacher(s) and
that is absent misses class instruction,
make-up all work promptly. Absences
presentations, discussions, audio-visual
for reasons other than school-sponsored
material, and student-teacher contact-all
activities will be counted as a day of
difficult to make-up after the absence. In order
absence and must be reported to the
to encourage regular attendance, the following
school within 24 hours. In all cases, the
procedures will be in place each year:
parent must contact the front office or
 If a student is absent for five four days
principal by a written note or telephone.
of school per semester, the parents will
It is the student’s responsibility to have
receive a written first notice.
assignments for class upon returning.
 If a student is absent for eight days of
school per semester, the parents will BEFORE AND AFTER SCHOOL
receive a written second notice. School starts at 8:15 a.m. and ends at 3:15 p.m.
 If a student is absent for ten days of If students enter the building before 8:00 a.m.,
school per semester, the school resource they must report to the cafeteria or East front
officer will be notified and a truancy lobby. Students are encouraged to meet with
petition may be filed with the State’s teachers at this time. After school, they can
Attorney. work with a teacher or participate in school-
 If a student is absent from school, phone sponsored activities. If they are not involved in
contact or written notification to the one of these activities or working with a staff
school is required within 24 hours of the member, they should exit the building and
student returning to school. students should be off the school grounds by
3:30 p.m.
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any other assignment that is not completed
BUSSING with quality or done in a way that
Inappropriate bus behavior is referred to the demonstrated an understanding of the
principal who may apply school consequences. material. Please review this log in the
In some circumstances, students may be denied evenings with your child.
bus privileges. Call Foreman Bus Service at 1. Planners: Students will be expected to carry
(605) 999-0214 or Palace Transit at (605) 995- planners at all times, except lunch. When using
8440 for information. the restroom, documentation will be recorded in
the planner and the planner will remain in the
COUNSELING classroom. If your child has lost his/her
Counseling at the middle school is a normal planner, new planners are available for purchase
need for adolescent students. School counselors in the office. If your child has misplaced a
work with the concerns that may get in the way planner and purchasing a new one is a hardship,
of academic progress. This includes personal, please call us and make arrangements.
academic and career counseling. Counselors do Academic infractions, behavioral infractions,
not offer long term personal counseling or tardies and hall passes are all documented on the
family counseling, but can help find resources log pages. Students start fresh with a new log
available in the community. To access a the first day of each quarter.
counselor, students can come in before or after
school or they can ask a teacher for a hall pass 2. Behavior Infractions: Minor behavior
to see a counselor. In the case of an emergency, Infractions will be recorded in student planners
students can come directly to the office and say on an Academic/Behavior Log in the front of
they have an emergency. the planner. Please review this log in the
evenings with your child. Behavior infractions
DANCE RULES are handled the same at all grade levels.
 Middle school evening dances are restricted Behavior infractions include inappropriate
to seventh & eighth graders who attend the language and other classroom management
Mitchell Middle School. concerns. On the 6th behavior infraction per
 Dance times are from 7-10 p.m. quarter and each infraction after, students will
 Students cannot leave and return to the be referred to the office. Detentions, ISS lunch
dance (one time entry rule). (students eat in an alternative supervised
 Students who wish to leave before 10:00 setting), in school suspension, or out of school
p.m. will need to contact parents by phone. suspension will be assigned. Major behavior
 Students who are discourteous to concerns are always office referrals. (See
chaperones will be asked to leave and their discipline plan attachment)
parents will be contacted.
 Students suspected of any chemical use
(drugs or alcohol) will be reported to DISTURBANCE OF SCHOOL
parents and possibly law enforcement. A person whether pupil or not who
intentionally disturbs the proper order or
 Students are restricted to the dance area,
management of public or nonpublic school by
which includes the cafeteria, bathrooms and
acts of violence, boisterous conduct, or
immediate hallway.
threatening language so as to prevent the teacher
 The School Dress Code is enforced.
or any pupil from performing his duty, is guilty
of a Class 2 misdemeanor.*(As quoted by
DISCIPLINE PLAN
SDCL 13-26-6) Superintendents, principals,
The school discipline plan is in force.
supervisors, teachers and their aides, and
 A personal ICU log is available to record
assistants have the authority to use the physical
when a student has an incomplete
force that is reasonable and necessary for
assignment, non –passing quiz or test
supervisory control over students. (As quoted by
grade, a project that is not completed, or
SDCL 13-32-2)
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bullying can be stopped. Continued bullying is
DRESS CODE harmful to a whole classroom. Students who
In the interests of cleanliness, decency, and laugh at it, go along with it, or fail to report it
good taste, Mitchell Middle School reserves the become part of the problem.
right to place restrictions on a student’s dress Sexual Harassment in any form will not be
and grooming when they create a danger to the tolerated. It is the policy of the school district
student’s health and safety, interfere with the that no administrator, faculty member, staff
educational process, or cause a disruption in member or student shall be subject to sexual
school. harassment by others. Please report harassment
The following are guidelines: to a counselor or administrator.
1. Baggy clothing that exposes undergarments,
short shirts, short shorts, halter-tops, or HOMEWORK
spaghetti strap shirts are not allowed. No Homework information may be available at
hats, caps, or hoods covering the head will our web site- www.mms.themitchellkernels.com
be worn during school. This is also where teacher websites and teacher
2. Clothing that is shredded or full of holes in a e-mail addresses can be found.
way that makes it revealing are not allowed.
3. No apparel or articles that promote or HONOR ROLLS
suggest alcohol, tobacco, drugs, sex, racism, To be listed on the Honor Roll, students must
gangs, cults or violence are allowed in have at least a “B” average. The grade point
school. (This includes some brand name average can be figured as follows: A’s=4,
apparel.) B’s=3, C’s=2, and D’s=1. Add total points.
4. Shoes are to be worn in the building Divide by the number of classes taken (A half-
period class such as band counts one half the
The school staff reserves the right to prohibit points and one half the time). The three honor
other forms of dress that may not be rolls are Bronze (3.0-3.59), Silver (3.60-3.99),
appropriate. Students who do not comply with and Gold (4.0). These honor rolls are published
the dress code may be asked to change, and and sent to the newspaper approximately 2
parents may be contacted. Violations may result weeks after a quarter ends. A uniform grading
in detentions or suspensions. policy has been established for the school. It is
available in the school office.
GRADING SCALE
90%-100%=A ICU PROGRAM
80%-89%= B ICU stands for Intensive Care Unit and in the
70%-79%=C field of education it means that if students have
60%-69%=D missing assignments, their grade is sick and
0%-59%=F needs attention. The foundation of this process
is based on showing mastery of concepts
HARASSMENT through well-done work. Students must turn in
Actions that are meant to intimidate and quality work that reflects a level of mastery that
embarrass others are very harmful in a school matches their ability. While there are many
environment because they often result in components to an effective ICU program,
students not engaging in education. It is a type communication with students, parents, teachers,
of bullying and a form of violence. Please and administrators is essential. If you would
reference the legal notices section for the details like to visit about ICU please feel free to contact
of the Bullying policy #111 and the sexual an administrator or teacher.
harassment policy #115. These are both
available on the district website. INCOMPLETE GRADES
Bullying - Intimidating actions will not be If an incomplete is recorded on a report card, the
tolerated. Students should report bullying to student must consult with the teacher involved.
teachers, counselors, and administrators so the
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MEDICAL
INTERNET ACCESS A school nurse is scheduled to be in the
A signed Internet Access Form allows students building for part of the time. Call the school if
to use the Internet under supervision of school you need to know when she will be in. Students
personnel. can see her about health concerns.
Injuries - If a student is injured while
LIBRARY participating in any school activity, the student
The library is a place intended to provide must notify the instructor immediately. Any first
magazines, books, and technology needed for aid that is necessary to meet an immediate
class work and leisure reading. Remember that emergency will be done. After this, we will
library materials are used by all students and attempt to contact parents. If we are unable to
need to be treated properly and returned reach parents and emergency care is needed, the
promptly. student’s medical card will be consulted. The
school is not liable for doctor and hospital bills.
LOCKERS The school does not insure students. Students
The locker is the property of the school and have insurance only if they have student
may be checked for physical condition and coverage (forms available in the school
contents. For security and safety reasons, we ask registration packet) or a policy at home.
that students not share lockers or locker
combinations. MEDICATION
Prescription Medication - The office staff, in
LOST AND FOUND the nurse’s absence, dispenses prescription
Check the office for all lost and found articles. medication. Parents must sign a consent form
All articles are disposed of if unclaimed. that is available in the office. The form will
specify what dose the school personnel are
LUNCH responsible for administering. If the school does
Money for lunch can be left in the hallway not have permission, the dose must be given by
window slot by the cafeteria. We have a closed the parent/guardian (This includes morning
campus and students are not allowed to leave doses). The medication must be brought in by
the building without parents or school the parent in the original container from the
personnel. A parent who wishes to take his/her pharmacy.
child out of school for lunch should contact the Non-prescription Medication - Students may
office in advance. Students must be back in have, in their possession, a daily dose of non-
school in time for class. Absolutely no food or prescription medication, such as ibuprofen,
drink may leave the lunchroom. decongestant, etc. The medication should be in
*Personal water bottles may be permitted. the original container and labeled with the
student’s name.
MAKE-UP WORK Inhalers - If a student needs to carry an
Schoolwork missed when a student is absent inhaler(s), a consent form must be completed
must be made up. Upon returning to school, the with the parent indicating approval of self-
student is responsible for completing make-up administering the medication. The inhaler must
work. Generally, one day for each day of an be labeled with the student’s name.
absence to complete missed assignments (one * Students are not permitted to share any
gold day for a missed gold day, etc.) is form of medication with other students.
recommended. Absences due to school and pre-
planned activities should be made up in PERSONAL ELECTRONICS
advance, and teachers expect students to be Personal Electronics are to include, but not
prepared for the following day’s work. limited to cell phones, IPods, MP3 players, and
other electronic devices (eg: internet capable
watches).
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Bringing personal electronic devices to school is accident insurance and is helpful to those who
is not recommended as they are prohibited do not have other insurance. We simply make
during the school day, including Power Hour, the insurance available and it is at the expense
SPARC, detention, etc. Students caught of individual families.
breaking the rule will have their item
confiscated and parents may be required to SCHOOL CANCELLATION
pick them up in the middle school office after The Mitchell Middle School has several ways
the assigned and outstanding detention(s) of letting the community know of school
have been served. Multiple offenses could cancellations and schedule changes. You can
result in the item to be not allowed back in the stay up to date on the latest cancellations, late
building. The school is not responsible for lost, starts, and postponements via our Mitchell
broken, or damaged devices. The use of School District app available through the iOS
personal electronics are restricted to classroom store and Google Play. In addition, the Mitchell
use as per individual instructor. School District will send out emails and text
messages to the numbers and email addresses
PETS we have saved in Infinite Campus. This
No pets will be allowed in the school building. information is updated annually when you
register your child/ren. Please make sure to
PROFANITY keep your information up to date. As in the past,
We are proud of our facilities and our students. MSD will continue to use radio (KORN (1490
Profanity is one area that we have worked hard AM), KMIT (105.9), Q107 (107.3), and KOOL
to improve. In general, profanity and swearing (98.3) for announcements as well.
is not allowed.
SRB- (Student Responsibility Block)
REPORT CARDS This is a teacher directed study hall.
Report cards will be issued following the close
of each nine-week period. Final report cards will TARDY POLICY
be mailed home. Students coming to class late will be
considered tardy. Earning six or more tardies in
RETENTION/PROMOTION one quarter will result in being assigned
We believe that every attempt should be made detention or ISS lunch.
to provide each student with the maximum
opportunity to succeed in school. The TELEPHONES
professional staff is expected to place students There is a student use telephone in the office
at the grade level best suited to their academic that is available to call parents during regular
ability and social and emotional needs. office hours. The school expects conversations
Students who do not adequately complete the to be respectful, courteous, and quick. Failure to
required curriculum may be considered for follow those guidelines can result in restricted
retention. use.
Every effort is made to reach common
agreement on student promotion or retention; TOBACCO FREE SCHOOLS (SB policy 518)
however, the final decision rests with the The negative effects of tobacco on persons
administration. who use tobacco and persons exposed to
environmental smoke are well documented. The
SCHEDULE CHANGES Mitchell School District is committed to
Schedule changes are made by the school encouraging healthy living styles and healthy
counselor and are rare in occurrence. working environments. Because of this
commitment, the following policy will apply to
SCHOOL INSURANCE all schools in the Mitchell School District. All
In the registration materials, limited insurance K-12 Mitchell School District facilities and
coverage is available on a voluntary basis. This grounds will be tobacco - free in all areas.
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Tobacco use is prohibited in all K-12 schools possessions. Violence can be a mean word,
and vehicles. look, sign, or act. Violence hurts everyone
The use, possession, or promotion of tobacco on involved whether it is verbal violence or
school property or during school sponsored physical fighting. All participants in a fight
activities is prohibited. This policy shall be in receive a disciplinary referral and may be sent
effect at all times and shall apply to all students, home. Second or serious offenses are usually
employees and visitors. referred to local police. Any threats of serious
For the purpose of this policy: harm to students or staff will be treated
1. “Tobacco” means any substance or item, in any seriously and may warrant police involvement.
form, containing tobacco and or nicotine and not
regulated by the Food and Drug Administration; VISITORS
2. “School property” means all district-owned, Parents are welcome to visit school. All
rented or leased buildings, stadiums, grounds and
visitors are required to check with the office
vehicles;
3. “School-sponsored activity” means any planned,
before entering any classroom. We discourage
organized, endorsed, or supervised activity visits by students from other schools. Student
involving district students or staff that occurs visits must be approved by the teacher(s) and a
either before, during or after regular school principal prior to the visit and are only for one
hours; half school day.
4. “Promotions” means the use or display of
tobacco-related clothing, bags, lighters, or other WEAPONS
material that is designed to encourage the No student shall carry on his or her person, in
acceptance or use of tobacco. any way have in his or her possession, store,
5. Neither e-cigarettes nor other vaping devices will keep, leave, place, or give to or put in the
be allowed on school grounds, in school facilities,
possession of another student a controlled,
or in school vehicles. Liquids intended to be used
dangerous or deadly weapon, any destructive
with such devices are also not permitted.
device or explosive, any ballistic knife, any stun
Students or district employees found in
gun or any firearm or air gun whether such
violation of this policy will be subject to
firearm or air gun is designed, adapted, used or
appropriate consequences. Visitors in violation
intended primarily for imitative or noise-making
of this policy will result in appropriate
purposes or not in or on any school property or
sanctions as determined and imposed by the
premises, in any school vehicle or other vehicle
administration, which may include direction to
being used for school purposes or in any other
leave school property. Additionally, the
building, structure or property being used for
Mitchell School District shall not accept
school purposes or function or at which a
advertising or gifts from the tobacco industry.
school-related vehicle is being conducted. This
The Superintendent shall provide reasonable
policy shall not apply to any weapon, device or
notification of the district’s policy, including,
other item refereed to herein which is being
but not limited to, inclusion in student and staff
used by authorized individuals as a part of or in
handbooks and paperwork, and on the district
conjunction with school-related activities or
website. The Superintendent may develop
functions.
administrative regulations as necessary to
As per SD state law, any student bringing a
implement this policy and may permit
firearm to school shall be expelled for not less
administrators discretion in dealing with issues
than 12 months and will be referred to law
related to but not explicitly covered in this
enforcement authorities. The superintendent of
policy. The Mitchell School District ADAPT
school shall have the authority to recommend to
Team shall have the responsibility of
the School Board that this expulsion
maintaining this policy.
requirement be modified on a case-by-case
basis. Refer to Board Policy #1033 for the
VIOLENCE
complete policy.
Violence occurs whenever anyone harms - or
threatens to harm - a person’s body, feelings, or
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LEGAL NOTICES
Asbestos Notification In accordance with EPA regulations, Mitchell School District buildings have been
inspected for friable materials that contain asbestos. No friable (sometimes defined as ‘easily crumble-able’)
asbestos containing materials are present in Mitchell School District school buildings. In fact, all asbestos
containing materials have been removed from Mitchell School District buildings except for that in floor tile
at the Mitchell High School, and Mitchell Middle School. All such floor tile has been encapsulated. Records
of inspections and locations of asbestos containing materials and a copy of relevant EPA regulations are
available at the District Central Office, located at the MCTEA building 821 North Capital Street Mitchell,
SD 57301.
Bullying (Policy 111) Persistent bullying can severely inhibit a student’s ability to learn effectively or a
member of the staff’s ability to do their job. The negative effects of bullying can have an impact on a person
for their entire life. We are committed to providing a caring, friendly and safe environment for all of our
students so they can learn in a relaxed and secure atmosphere. Bullying of any kind is unacceptable. If
bullying does occur, all students should be able to tell and know that incidents will be dealt with promptly
and effectively. Bullying is repeated and intentional harmful behavior initiated by one or more students and
directed toward another student. Bullying exists when a student with more social and or physical power
deliberately dominates and harasses another who has less power. Bullying is unjustified and typically
repeated. Bullying differs from conflict. Two or more students can have a disagreement or a conflict.
Bullying involves a power imbalance element where a bully targets a student who has difficulty defending
himself or herself. The forms of bullying: Physical-involves harmful actions against another person’s body
Verbal-involves speaking to a person or about a person in an unkind or hurtful way Emotional-involves
behaviors that upset, exclude, or embarrass a person Sexual-involves singling out a person because of gender
and demonstrates unwarranted or unwelcome sexual advances Racial-involves rejection or isolation of a
person because of ethnicity The school board expects students to conduct themselves in a manner in keeping
with their levels of development, maturity, and demonstrated capabilities with proper regard for the rights
and welfare of other students and staff. The school board believes that standards for student behavior must be
set cooperatively through interaction among the students, parents and guardians, staff and community
members of the school district, producing an atmosphere that encourages students to grow in self-discipline.
The development of this atmosphere requires respect for self and others, as well as for district and
community property on the part of students, staff, and community members. The school board requires its
school administrators to implement practices that ensure both the appropriate consequences and remedial
responses to a student or staff member who commits one or more acts of harassment or bullying. The school
board requires the principal and/or the principal’s designee at each school to be responsible for receiving
complaints alleging violation of this policy. All school employees, students, parents, visitors or any other
member of the community are required to report alleged violations to the school principal or designee. The
school principal and/or principal’s designee are to be responsible for determining whether an alleged act
constitutes a violation of this policy. In so doing, the principal or and principal’s designee shall conduct a
prompt and thorough, investigation of each alleged incident. Building principals or their designee shall
annually discuss the school district policy on bully prevention with students and staff. The school district will
incorporate information regarding this policy in each school handbook.
Cyber Bullying
Cyber bullying is a form of harassment over the Internet or other forms of electronic communications,
including cell phones. Students and staff will refrain from using communication devices or District property
to harass or stalk another. The District’s computer network and the Internet, whether accessed at school or
away from school, during or after school hours, may not be used for the purpose of cyber bullying. All forms
of cyber bullying are unacceptable and viewed as a violation of this policy and the District’s acceptable
computer use policy and procedures. Users are responsible for the appropriateness of the materials they
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transmit. Hate mail, harassment, discriminatory remarks, or other anti-social behaviors are expressly
prohibited. Cyber bullying includes, but is not limited to the following misuses of technology: harassing,
teasing, intimidating, threatening, or terrorizing another person by sending or posting inappropriate and
hurtful e-mail messages, instant messages, text messages, digital pictures or images, or web site postings,
including blogs. It is also recognized that the author (poster or sender) of the inappropriate material is often
disguised (logged on) as someone else. Students and community members, who believe they have been
victims of such misuses of technology, as described in this policy, should not erase the offending material
from the systems. A copy of the material should be brought to the attention of a principal or teacher.
Malicious use of District’s computer system to develop programs or to institute practices that harass other
users to gain unauthorized access to any entity on the system and/or change the components of an entity on
the network is prohibited. Consequences of Bullying/Cyber Bullying Disciplinary action may include, but is
not limited to, the loss of computer privileges, detention, Saturday School, suspension, or expulsion for
verified perpetrators. In addition, when any kind of threat constitutes a violation of law, it shall be reported to
local law officials. For more information on the disciplinary consequences for engaging in bullying behavior,
refer to the student discipline section of the relevant student handbook, which can be found on the district
website under the student handbook tab.
Adopted: June 22, 2009

Revised: June 22, 2015, November 12, 2019
Reviewed: June 27, 2011 June 10, 2019
Civil Rights Publication: The Mitchell School District offers its educational programs, activities, and
employment opportunities to all persons without regard to gender, race, color, national origin, age, or
disability. Such assurances include School District Career and Technical Education offerings, which are
available to all students without qualifying criteria, and include courses in business,
welding/manufacturing, construction, auto mechanics, health, culinary arts, and computers/technology.
The Mitchell Schools have appointed the following individuals to coordinate these programs:
Title IV: Mrs. Sherri Becker, Mitchell Middle School, 800 W. Tenth Avenue, Mitchell, SD
57301, 605.995.3051
Title IX: Mr. Cory Aadland, Mitchell High School, 920 N. Capital, Mitchell, SD 57301,
605.995.3034 or
Mr. Bobby Reindl, Mitchell Middle School, 800 W. Tenth Avenue, Mitchell, SD 57301,
605.995.3051
Section 504: Mrs. Tracy Christensen, Longfellow Elementary School, 110 N. Mentzer, Mitchell,
SD 57301, 605.995.3021
Additionally, interested persons may contact the Regional Director, U.S. Department of Education,
Office of Civil Rights, One Petticoat Lane 1010 Walnut Street, 3rd Floor, Ste 320 Kansas City, MO
64103 Phone: (816) 268-0550, Fax: (816) 268-0559; TDD (800) 877-8339 Email:
[email protected]
Civil Rights Violation Complaints Parents or students who believe their or their students’ civil rights have
been violated may file a complaint with the appropriate federal regional civil rights regional office by
contacting the Office for Civil Rights, U.S. Department of Education One Petticoat Lane 1010 Walnut Street,
3rd Floor, Ste 320 Kansas City, MO 64106 Phone: (816) 268-0550, Fax: (816) 268-0599; TDD (800) 877-
8339 Email: [email protected]
Complaints Concerning Federally Funded Programs Parents or students who have concerns or
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complaints about federally funded programs (Special Education, Title I, Migrant, Title III, Homeless, etc.)
may refer to Board Policy 118, available in board policy manuals in all school libraries or on the district
website at mitchellschools.org, or may file a written complaint directly with the Superintendent of Schools
at:
Mitchell Middle School
800 West 10th
Mitchell, SD 57301
Directory Information: The Family Education Rights and Privacy Act (FERPA), a Federal law,
requires that the Mitchell School District, with certain exceptions, obtain your written consent prior to the
disclosure of personally identifiable information from your child’s education records. However, the Mitchell
School District may disclose appropriate designated ‘directory information’ without written consent, unless
you have advised the District to the contrary in accordance with District procedures. The primary purpose of
directory information is to allow the Mitchell School District to include this type of information from your
child’s education records in certain school publications. Examples include:
--A playbill, showing your student’s role in a drama production;
--The annual yearbook;
--Honor roll or other recognition lists;
--Graduation programs; and
--Sports activity sheets, such as for wrestling, showing weight and height of team
members.
Directory information, which is information that is generally not considered harmful or any invasion of
privacy if released, can also be disclosed to outside organizations without a parent’s prior written consent.
Outside organizations include, but are not limited to, companies that manufacture class rings or publish
yearbooks. In addition, two federal laws require local education agencies (LEA’s) receiving assistance under
the Elementary and Secondary Education Act of 1965 (ESEA) to provide military recruiters, upon request,
with three directory information categories—names, addressed, and telephone listings—unless parents have
advised the LEA that they do not want their student’s information disclosed without their prior written
consent.
If you do not want the Mitchell School District to disclose directory information from your child’s education
records without your prior written consent, you must notify the District in writing by the first day of the
school year or the first date of the students’ enrollment if this occurs after the first day of the school year.
The Mitchell School District has designated the following information as directory information: students’
name, address, telephone listing, electronic mail address, photograph, date and place of birth, major field of
study, dates of attendance, grade level, participation in officially recognized activities and sports, weight and
height of members of athletics teams, degrees, honors, and awards received including honor roll
designations, and the most recent education agency or institution attend.
Equal Opportunity Employer The Mitchell School District is an equal opportunity employer and does not
discriminate on the basis of race, national origin, religion, age, sex, marital status or disability.
It is the policy of the Board of Education that no otherwise qualified person will be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any district program or
activity on the basis of race, religion, gender, gender identity, sexual orientation, age, national origin, or
disability.
Family Education Rights and Privacy Act (FERPA): The Family Educational Rights and Privacy Act
(FERPA) affords parents and students over 18 years of age (“eligible students”) certain rights with respect to
the student’s education records. These rights are:
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(1) The right to inspect and review the student’s education records within 45 days of the day the
School receives a request for access. Parents or eligible students should submit to the School
Principal (or appropriate school official) a written request that identifies the record(s) they wish to
inspect. The school official will make arrangements for access and notify the parent or eligible
student of the time and place where the records may be inspected.
(2) The right to request the amendment of the student’s education records that the parent or
eligible student believes are inaccurate, misleading, or otherwise in violations of the student’s
privacy rights under FERPA. Parents of eligible students who wish to ask the school to amend the
record should write the school principal (or appropriate school official), clearly identify the part of
the record they want changed, and specify why it should be changed. If the school decides not to
amend the record as requested by the parent or eligible student, the school will notify the parent or
eligible student of the decision and advise them of their right to a hearing regarding the request for
amendment. Additional information regarding the hearing procedures will be provided to the parent
or eligible student when notified of the right to a hearing.
(3) The right to consent to disclosures of personally identifiable information contained in the
student’s education records, except to the extent that FERPA authorizes disclosure without consent.
One exception, which permits disclosure without consent, is disclosure to school officials with
legitimate educational interests. A school official is a person employed by the school as an
administrator, supervisor, instructor, or support staff member (including health or medical staff and
law enforcement unit personnel); a person serving on the School Board; a person or company with
whom the school has contracted as its agent to provide a service instead of using its own employees
or officials (such as an attorney, auditor, medical consultant, or therapist); or a parent or student
serving on an official committee, such as a disciplinary or grievance committee, or assistant to
another school official in performing his or her tasks. A school official has a legitimate educational
interest if the official needs to review an education record in order to fulfill her or her professional
responsibility. Additionally, upon request, the school discloses education records without consent to
officials of another school district in which a student seeks or intends to enroll.
(4) The right to file a complaint with the U.S. Department of Education concerning alleged
failures by the Mitchell School District to comply with the requirements of FERPA. The name and
address of the Office that administers FERPA are: Student Policy Compliance Office, U.S.
Department of Education, 400 Maryland Avenue, SW, Washington, DC 20202-5920. Phone (800)
872-5327
Harassment/Sexual Harassment: Actions that are meant to intimidate and embarrass others are very
harmful in a school environment because they often result in harm to a student’s educational experience. It
is a type of bullying and a form of violence.
Bullying—Intimidating actions will not be tolerated. Students should report bullying to teachers, counselors,
and administrators so that the bullying can be stopped. Continued bullying is harmful to a whole classroom
and school. Students who laugh at it, go along with it, or fail to report it become part of the problem.
Sexual Harassment in any form will not be tolerated. It is the policy of the school district that no
administrator, faculty member, staff member or student shall be subject to sexual harassment by others. This
policy (#115R) is available in full at the Central Administration Office and all building libraries or on the
district website at https://www.themitchellkernels.com/board-policies Students or parents who report sexual
harassment shall be free from retaliation, in all cases including those involving school employees.
All forms of harassment should be reported to school administration.
Opportunities Available For All Students The Mitchell School District will make modifications to its
programs, facilities, employment practices, and activities to accommodate all qualified individuals with a
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disability. The district will assure that all educational services will be provided and offered to all students
including disabled/disadvantaged students. The district assures that all students will receive an equal
opportunity to achieve educational benefits including Career and Technical Education programs.
NCLB Notification The federal education legislation, No Child Left Behind, requires that all parents be
notified and given the opportunity to request information about the professional qualifications of classroom
teachers instructing their child. If you are interested in this information, you may contact your building
principal or the superintendent of schools who will provide a written response to you, with a copy going to
the affected teachers.
Local Education Agencies (LEA) must

- disseminate to parents, teachers, and staff and members of the community the results of its Adequate
Yearly Progress (AYP) and assessment results for each school annually.
- disseminate to parents the written complaint procedures for filing complaints about the implementation of
federal programs.
-inform parents of each child in a Title I school of their right to request information on the professional
qualifications of their children’s classroom teachers and paraprofessionals providing instructional support.
Schools must notify parents if a child is taught for four consecutive weeks by a teacher who is not highly
qualified.
Title I schools must hold an annual meeting to disseminate information about the Title I program, notify
parents of the required annual meeting, and inform them of their right to request additional meetings.
Parent Notification for districts with schools in school improvement must include the following. Local
education Agencies (LEA) must provide to parents of every student enrolled in an identified school an
explanation of what that improvement means; how the school compares in the terms of academic
achievement to other schools in the district and the state; the reasons for the identification; and explanation
of what the school, the LEA and the State Education Agency (SEA) are doing to help the school address low
achievement; and an explanation of how parents can become involved. Parents of students enrolled in
identified schools must be notified of their right to transfer their child to a higher performing school in the
district. This notice should state that transportation to the new school will be provided free of charge;
identify each public school, including any charter schools, the parent can select; and include information on
the academic achievement of those schools, including a comparison to the child’s current school.
Supplemental Educational Services (SES) for schools identified for years 2 or later in improvement, the LEA
must provide parents with notice of the availability of SES, including information about enrollment and the
choice of providers.
LEAs must notify parents and teachers of their right to comment and participate in the development of a
restructuring plan for schools identified for restructuring.
Non Discrimination It is the policy of the Board of Education of the Mitchell School District that no
otherwise qualified person will be excluded from participation in, be denied the benefits of, or be subjected
to discrimination under any district program or activity on the basis of race, religion, gender, gender identify,
sexual orientation, age, national origin, or disability.
Protection of Pupil Rights Amendment (PPRA): PPRA affords parents certain rights regarding our
conduct of surveys, collection and use of information for marketing purposes, and certain physical exams.
These include the right to:
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1. Consent before students are required to submit to a survey that concerns one or more of the
following protected areas (“protected information survey”) if the survey is funded in whole or in
part by a program of the U.S. Department of Education (ED)—
a. Political affiliations or beliefs of the student or student’s parent;
b. Mental or psychological problems of the student or student’s family;
c. Sex behavior or attitudes;
d. Illegal, anti-social, self-incriminating, or demeaning behavior;
e. Critical appraisals of others with whom respondents have close family relationships;
f. Legally recognized privileged relationships, such as with lawyers, doctors or ministers;
g. Religious practices, affiliations, or beliefs of the student or parents; or
h. Income, other than as required by law to determine program eligibility.
2. Receive notice and an opportunity to opt a student out of---

a. Any other protected information survey, regardless of funding;
b. Any non-emergency, invasive physical exam or screening required as a condition of
attendance, administered by the school or its agent, and not necessary to protect the
immediate health and safety of a student, except for hearing, vision or scoliosis
screenings, or any physical exam or screening permitted or required under State law; and
c. Activities involving collection, disclosure, or use of personal information obtained from
students for marketing or to sell or otherwise distribute the information of others.
3. Inspect, upon request and before administration or use—
a. Protected information surveys of students;
b. Instruments used to collect personal information from students for any of the above
marketing, sales, or other distribution purposes; and
c. Instructional material used as part of the educational curriculum.
These rights transfer from the parents to a student who is 18 years old or an emancipated minor under State
law.
Parents who believe their rights have been violated may file a complaint with: Family Policy Compliance
Office, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, DC 20202-5920 Phone
(800) 872-5327
Section 504 is part of the Rehabilitation Act of 1973 that applies to persons with disabilities. Section 504 is
a civil rights act that protects the civil and constitutional rights of persons with disabilities. It states
that no person with a disability can be excluded from or denied benefits of any program receiving federal
financial assistance. Section 504 and Special Education are two separate and distinct services. Should you
have questions about Section 504, please contact your building principal or the office of the superintendent
of schools at 995-3010.
Student Complaints and Appeal Procedures: Students who wish to file complaints or appeal decisions of
school officials, or parents who wish to do so on their child’s behalf, may do so through the process outlined
in Board Policy #1045, available in school libraries and administrative offices. The primary purpose of the
procedure outlined in this policy is to secure, at the earliest level possible, equitable solutions to a complaint
or appeal, if justifiable. The proceedings at each level of this procedure shall be kept confidential by school
officials. The process begins with the student/parent and teacher. If the problem is not resolved, the
teacher’s decisions can be appealed by the student/parent to the principal using the Appeal Filing Form as
part of the same policy.
Title IX Students, their parents, and employees of the Mitchell School District 17-2 are hereby notified that
this school district does not discriminate on the basis of sex/gender and is required by Title IX not to
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discriminate on the basis of sex/gender in its educational activities and employment practices. Any person
having inquiries concerning the Mitchell School District's compliance with Title IX is directed to contact Mr.
Cory Aadland at Mitchell High School, 920 N. Capital, Mitchell , SD 57301; Phone (605) 995-3034 or Mr.
Bobby Reindl at Mitchell Middle School, 800 W. Tenth, Mitchell, SD 57301 or by phone at (605) 995-3051.
Copies of all Board policies can be obtained at the Administration and School Offices.
US Department of Education, Office for Civil Rights, U.S. Department of Education One Petticoat Lane
1010 Walnut Street, 3rd Floor, Ste 320 Kansas City, MO 64106 Phone: (816) 268-0550, Fax: (816) 268-0599;
TDD (800) 877-8339 Email: [email protected]
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2022-2023 Mitchell Middle School Handbook Proposed changes for Board Approval
DANCE RULES
 Middle school evening dances are restricted to seventh & eighth graders who attend the Mitchell
Middle School.
 Dance times are from 7-10 9:00p.m.
 Students cannot leave and return to the dance (one-time entry rule).
 Students who wish to leave before 10:00 9:00 p.m. will need to contact parents by phone.
 Students who are discourteous to chaperones will be asked to leave and their parents will be
contacted.
 Students suspected of any chemical use (drugs or alcohol) will be reported to parents and possibly
law enforcement.
 Students are restricted to the dance area, which includes the cafeteria, bathrooms and immediate
hallway.
 The School Dress Code is enforced.
DISCIPLINE PLAN
The school discipline plan is in force.
 A personal ICU log is available to record when a student has an incomplete assignment, non –
passing quiz or test grade, a project that is not completed, or any other assignment that is not
completed with quality or done in a way that demonstrated an understanding of the material.
Please review this log in the evenings with your child.
1. Planners: Students will be expected to carry planners at all times, except lunch. When using the
restroom, documentation will be recorded in the planner and the planner will remain in the classroom.
If your child has lost his/her planner, new planners are available for purchase in the office. If your child
has misplaced a planner and purchasing a new one is a hardship, please call us and make arrangements.
Academic infractions, Behavioral infractions, tardies and hall passes are all documented on the log
pages. Students start fresh with a new log the first day of each quarter.
2. Behavior Infractions: Minor behavior Infractions will be recorded. in student planners on an

Academic/Behavior Log in the front of the planner. Please review this log in the evenings with your
child. Behavior infractions are handled the same at all grade levels. Behavior infractions include
inappropriate language and other classroom management concerns. On the 6th behavior infraction per
quarter and each infraction after, students will be referred to the office. Detentions, ISS lunch (students
eat in an alternative supervised setting), in school suspension, or out of school suspension will be
assigned. Major behavior concerns are always office referrals. (See discipline plan attachment)
PERSONAL ELECTRONICS
Personal Electronics are to include, but are not limited to cell phones, IPods, MP3 players, and other
electronic devices (e.g. internet-capable watches).
117
Bringing personal electronic devices to school is not recommended as they are prohibited during the
school day, including Power Hour, SPARC, detention, etc. Anyone found using a phone in a bathroom or
locker room may have it confiscated. Students caught breaking the rule will have their item confiscated
and parents may be required to pick them up in the middle school office after the assigned and
outstanding detention(s) have been served. Multiple offenses could result in the item to be not
allowed back in the building. The school is not responsible for lost, broken, or damaged devices. The
use of personal electronics is restricted to classroom use as per individual instructor.
SCHOOL CANCELLATION
The Mitchell Middle School has several ways of letting the community know of school cancellations and
schedule changes. You can stay up to date on the latest cancellations, late starts, and postponements
via our Mitchell School District app available through the iOS store and Google Play. In addition, the
Mitchell School District will send out emails and text messages to the numbers and email addresses we
have saved in Infinite Campus. This information is updated annually when you register your
child/ren. Please make sure to keep your information up to date. As in the past, MSD will continue to
use radio (KORN (1490 AM), KMIT (105.9), Q107 (107.3), and KOOL (98.3) for announcements as well.
118
Mitchell Middle School Discipline Plan Attachment
OFFENSES 1st Offense 2nd Offense 3rd & 4th Offense Habitual Disobedience
ALL MINOR BEHAVIORAL OFFENSES WILL BE HANDLED BY THE TEAM. AFTER 6TH OFFENSE AN OFFICE REFERRAL WILL BE ISSUED
Attendance & Punctuality (per Quarter) 6 or more tardies will lead to a
Tardy to school or class, detention
Loitering after school Record Record Record
85-minute detention per class skipped
Skipping or cutting class Detention Detention 85-minute detention per or ISS lunch. Truancy petition may be
class skipped or ISS lunch filed.
Protection of the learning Environment (per
Semester) Warning, Detention(s), ISS lunch, and/or ISS and/or OSS (1-3) days
Insubordination, Disrespectful/Obscene Language or Detention(s), ISS lunch, and/or ISS (1-3) days
actions, lying Pornographic materials, Inappropriate ISS Technology—no internet OSS as per administrative discretion.
Technology use, Minor Vandalism, Possible Police Technology—minimum loss of rest of year/meet with
Contact, Graffiti Promotion, Illegal Activities, Technology-loss of privileges privileges 1 month/discussion parents
cheating, cell phone use, dress code violation Minimum one week with principal
Detention, ISS or OSS
POLICE CONTACT DEPENDING ON SERIOUSNESS CIRCUMSTANCES LEGAL REQUIREMENTS
&
Protection of property and physical safety (per
Year) Detentions and/or OSS 1-5 days OSS 5-10 days Long term suspension or expulsion
Theft, Destruction of Property, Cyberbullying, ISS or OSS (1-5 days) Restitution when appropriate Restitution when Restitution when appropriate
Harassment, Hazing, Gang Graffiti, Symbols or Restitution when appropriate. appropriate
clothing Violence, Fighting, Intimidation, Bullying,
Gross Insubordination
Illegal substances (per Year)
Drugs, Alcohol, Huffing etc. Possession, use, sale, 1 Day OSS-long term suspension Long term suspension or Long term suspension or Long term suspension or expulsion
Under the Influence, or possessing drug or expulsion expulsion expulsion
paraphernalia.
Possession of Building Keys or computer passwords
Possessing an amount or other factors that suggests Long term suspension or expulsion
distribution
Possession or use of Tobacco and or OSS 1 Day

lighters/matches and vapes and vape products OSS 3 Days OSS 5-10 Days Long term suspension or expulsion
Possession of an item considered to be a weapon Up to the discretion of administration May include long term suspension or expulsion.
with no malicious intent
OSS (3-5 days). Federal Law
Weapons, Bomb Threats, Fires requires an automatic ONE-year Long term suspension or
Endangering the Lives of Others expulsion for possession of a fire expulsion up to 1 year
(Per Year) arm. Referral to authorities
*ALL Offenses may include student conference and or parent contact. Disciplinary Action will be based on administrative discretion.
* Each category may include all like offenses
* All offenses may include counselor referral or referral to other community resources
* At administrative discretion, any detention may be substituted with a logical consequence
* Detentions are 40 minutes in length minimum. Number of detentions given per violation may vary
* Detentions are given by administration only
* Behavior Log Infractions-- after the 6th offense will be handled in the office with after school detentions, ISS Lunch or ISS.
119
Agenda Item
Subject: Board Member Reports/ Commentary From: Board Members
Board Action ☐
Scheduled report ☒
Board members will report on meetings attended since our last regular board meeting.
4/25/22
120
Agenda Item
Subject: Superintendent’s Report
From: Joseph Graves, Superintendent
Board Action ☐
Scheduled report ☒
This time will be devoted to the Superintendent’s Office sharing information with the Board
that doesn’t require board action and may not necessarily fall into the category of a report. It might
include curricular developments, professional development possibilities, possible
legislative issues, issues that other schools, particularly those among the Large Schools Group,
are facing and other items that would be of interest to the Board and the public.
4/25/2022
121
Agenda Item
Subject: Public Commentary
From: General Public
Board Action ☐
Board Information ☒
Scheduled report ☐
This item is included on the agenda to provide the public an opportunity to address the board
on topics which are not a part of the board agenda. Any topic or issue presented will not
receive action at the meeting by the Board, but will be given further study. Please also note
that individuals who have concerns about district employees or who wish to discuss
individual students should do so through other processes, such as the complaint procedure.
Such issues cannot be addressed in open session.
4/25/22
122

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MITCHELL SCHOOL DISTRICT NO.

ITEM SUMMARY/JUSTIFICATION RECOMMENDED ACTION

II. Consent Agenda:

V. Board Consideration to Mark 2022 Constitution/By-Laws Amendment Ballots MOTION TO APPROVE

VIII. Board Member Report BOARD INFORMATION

IX. Superintendent Report BOARD INFORMATION

X. Public Commentary BOARD INFORMATION

Subject: Board Consideration to Approve Consent Agenda

From: Joseph Graves, Superintendent

Nature of action requested from the Board:

Mathias Day- MS Assistant Track

Ashley Zimmer- Assistant Girls Golf

C. MTC New Hire:

From: Joseph Graves

Nature of action requested:

Joseph Graves, Superintendent of Schools

Name: Joseph Graves, Superintendent of Schools Date: 4.25.2022

Series 1000: Students

1001 Student Policies Goals No Change

“…ancestry, or any other federally recognized constitutionally protected category in its

1011 Compulsory Attendance Ages No Change

1021 Student Attendance No Change

1031 Student Discipline No Change

1041 Student Rights and Responsibilities No Change

1051 Medication Administration Policy No Change

1061 Parent and Student Rights Regarding Student Records No Change

1071 Extra-Curricular Participation Code of Conduct and Academic

1081 Job Shadowing and World of Work No Change

1083 Spectator Buses Delete

1084 Fund Raising Projects No Change

1101 School-Community Relations Goals No Change

On page 2, under Classification 1, remove item 7:

“7. Educational Service Agency 3 functions for K-12 facilities.”

ESA 3 no longer exists.

Additionally, I am not recommending the addition of the PAC Gates

1151 Athletic Letter Recognition for Students (9-12) in an Organizations or

Series 1200: Education Agency Relations

1201 Education Agency Goals No Change

EQUAL EDUCATIONAL OPPORTUNITIES MSD 1002

1. Partisan political meetings, or meetings of groups espousing a political cause.

1. Mitchell students under the supervision of certified District employees

1. Local civic and patriotic organizations.

1. Private and commercial groups upon approval by the administration.

Code Reference: SDCL 13-24-20

Adopted: 11/11/68; 3/10/61/Baseball Field; 1/13/70/Pool

Cafeteria/Commons 50 100 200 300

Shops and laboratories will not be available for rental.

FEE SCHEDULE CLASSIFICATION CODE CLARIFICATIONS 1141

LEASE OF SCHOOL FACILITIES

THIS LEASE, made this ___ day of ___________________, 20 ____, WITNESSETH,

1. Lessee shall pay to Lessor the sum of ____________________________________.

MITCHELL SCHOOL DISTRICT NO. 17-2

Subject: Board Consideration to Review/Revise Mitchell Technical College Policy Series

From: Joseph Graves, Superintendent of Schools

Nature of action requested:

Representative, Mitchell Technical Collage

Name: Joseph Graves, Superintendent Date: April 25, 2022

Series 1000 Policies – Students

THIS LEASE, made this _ day of _____________, 20 , WITNESSETH,