Board holds first reading of broad policy revisions covering surveys, instruction on identity, background checks and staff social media

Missoula County Public Schools trustees on Sept. 2 held a first reading of wide‑ranging policy revisions prompted by recent Montana legislation and legal guidance and voted to publish the updated policies for public comment with narrow exceptions.

Superintendent Hill presented a packet of required and recommended policy changes drafted with legal counsel and the Montana School Boards Association. Board members were shown a 350+ page legal compilation and a shorter "boiler" version with cover pages summarizing statutory changes.

Major policy changes discussed included student survey and privacy rules; new definitions and notice requirements for what the law labels "human sexuality instruction" and "identity instruction" with opt‑out/opt‑in distinctions; a new fingerprint‑based national criminal history background check requirement before any individual may have unsupervised contact with students; expanded rules on student health screening notices and opt‑outs; authorizing stock epinephrine, albuterol and opioid‑antagonist (naloxone) use and delegation to trained staff; revisions to enrollment and out‑of‑district attendance rules; recognition and commemorative day requirements (including newly added "Freedom Week"); and specific staff conduct guidance covering electronic communications, social media and employee use of artificial‑intelligence tools.

On student surveys and data: the revised policy requires that all surveys or instruments collecting personal information bear an educational purpose connected to board policy and gives parents the right to inspect third‑party surveys "within a reasonable time." Survey uses that request personally identifiable information are subject to opt‑in; non‑identifying surveys are opt‑out. Trustees discussed how advance notice and building‑level administration will operate, and Hill said principals and a superintendent designee will manage notifications and inspection requests.

On identity instruction and classroom material: the proposed language mirrors statutory definitions and distinguishes between "human sexuality instruction" (opt‑out) and "identity instruction" (opt‑in when the material's purpose is to study or explore gender identity, gender expression or sexual orientation). Trustees asked for clearer guidance and a legal citation to the implementing statutes; several trustees said incidental classroom references (for example, a character in a novel) should not be treated as identity instruction, and Hill recommended further legal guidance for operational clarity.

On background checks and volunteers: trustees and staff spent substantial time on a new statute requiring fingerprint‑based national criminal history checks for anyone who will have unsupervised contact with students, including volunteers, contractors and some third‑party workers. Staff said the district currently performs FBI fingerprint checks for employees but will now need to expand that process to many more adults (brief volunteers, concession workers, contractors). HR staff warned of cost and logistical burdens: a fingerprint check runs about $30 per person, agencies and contractors cannot always share report details, processing delays may occur, and the district must update MOUs with third parties to confirm they have conducted required checks. Trustees raised concerns about parent volunteers, returning citizens, the district's capacity to conduct and store results, and whether rechecks or notifications of arrests should be required for current employees.

On staff social media, communication and AI: the draft recommends that employees avoid personal social networking contact with students and use district‑controlled, documented communication tools for school business. The packet flagged risks from personal posts that could "undermine public perception of the individual's fitness to educate students." Trustees debated First Amendment limits and the need for carveouts: they asked that language be narrowed to apply to district‑related conduct or to disparagement of the district, and to preserve the ability of approved school accounts (for clubs, athletics and official school pages) to post images and news. The superintendent said the board would refine guidance and that operational procedures and approved apps (district‑managed texting/notification platforms) will be part of implementation guidance.

Other changes: the packet also includes updated language on release time for religious instruction (now "shall provide" release time consistent with state law), early targeted intervention programs (expanding beyond literacy to include math; the district will brand 3—4 year‑old and 4‑year‑old programming "Early Trailblazers"), recognition of Native American cultural heritage and a possible change to list both Columbus Day and Indigenous Peoples' Day, revisions to graduation credit rules to allow work‑based and experiential credits, and tighter rules on recording public performances.

Votes and next steps: trustees approved a motion to advance the policy updates to public comment for second reading, with one specific policy (31‑10 on entrance/placement) held for additional legal clarification. The procedural motions were: - Approve policy updates for first reading, except policy 31‑10 (motion moved by Trustee Walsh; seconded by vice chair of Garris). The board recorded the motion as approved unanimously. - Approve new recommended policies for first reading, except policy 54‑60 (moved by vice chair of Garris; seconded by Vice Chair Walker Andrews). The board recorded the motion as approved unanimously.

Trustees asked staff to: provide clearer statutory citations and preamble language where helpful, refine the social media and AI language to avoid undue limits on private speech while protecting students and district information, return with recommended operational procedures (approved apps, volunteer workflow and background‑check logistics), and consult legal counsel on the intersection of statute, the Montana High School Association and Title IX issues (questions about gender identity and athletics were raised but not decided). A second reading and public comment period will follow; the superintendent said the district would publish the packet for a 45‑day public review period prior to final adoption.