Certified Personnel Policy

Certified

table of contents

Adopted 07-20-09

SECTION 1—BOARD GOVERNANCE and OPERATIONS

1.1—LEGAL STATUS OF THE BOARD OF DIRECTORS 1
1.2—BOARD ORGANIZATION 2

1.3—DUTIES OF THE PRESIDENT 3

1.4—DUTIES OF THE VICE-PRESIDENT 4

1.5—DUTIES OF THE SECRETARY 5

1.6—BOARD MEMBER VOTING 6

1.7—POWERS AND DUTIES OF THE BOARD 7

1.8—GOVERNANCE BY POLICY 9

1.9—POLICY FORMULATION 10

1.10—ASSOCIATION MEMBERSHIPS 12

1.11—BOARD MEMBER TRAINING 13

1.12—COMMITTEES 15

1.13—SUPERINTENDENT/ BOARD RELATIONSHIP 16

1.14—MEETING AGENDA 17

1.15—TORT IMMUNITY 18

1.16 —DUTIES OF BOARD DISBURSING OFFICER 19

1.17—NEPOTISM 20

SECTION 2—ADMINISTRATION

2.1—DUTIES OF THE SUPERINTENDENT 1
2.2—SUPERINTENDENT COMPENSATION 3

SECTION 3—CERTIFIED PERSONNEL
3.1—CERTIFIED PERSONNEL SALARY SCHEDULE 1
3.2—CERTIFIED PERSONNEL EVALUATIONS 2

3.3—EVALUATION OF CERTIFIED PERSONNEL BY RELATIVES 3

3.4—CERTIFIED PERSONNEL REDUCTION IN FORCE 4

3.5—CERTIFIED PERSONNEL CONTRACT — RETURN 8

3.6—CERTIFIED PERSONNEL EMPLOYEE TRAINING 9

3.7—CERTIFIED PERSONNEL DRUG TESTING 12

3.8—CERTIFIED PERSONNEL SICK LEAVE 16

3.9—CERTIFIED PERSONNEL SICK LEAVE BANK 19

3.10—CERTIFIED PERSONNEL PLANNING TIME 21

3.11—CERTIFIED PERSONNEL PERSONAL AND PROFESSIONAL LEAVE 22

3.12—CERTIFIED PERSONNEL RESPONSIBILITIES IN DEALING WITH SEX OFFENDERS ON CAMPUS 24

3.13—CERTIFIED PERSONNEL PUBLIC OFFICE 25

3.14—CERTIFIED PERSONNEL JURY DUTY 26

3.15—CERTIFIED PERSONNEL LEAVE — INJURY FROM ASSAULT 27

3.16—CERTIFIED PERSONNEL REIMBURSEMENT FOR PURCHASE OF SUPPLIES 28

3.17—INSULT OR ABUSE OF CERTIFIED PERSONNEL 29

3.18—CERTIFIED PERSONNEL OUTSIDE EMPLOYMENT 30

3.19—CERTIFIED PERSONNEL EMPLOYMENT 31

3.20—CERTIFIED PERSONNEL REIMBURSEMENT OF TRAVEL EXPENSES 32

3.21—CERTIFIED PERSONNEL TOBACCO USE 33

3.22—DRESS OF CERTIFIED EMPLOYEES 34

3.23—CERTIFIED PERSONNEL POLITICAL ACTIVITY 35

3.24—CERTIFIED PERSONNEL DEBTS 36

3.25—CERTIFIED PERSONNEL GRIEVANCES 37

3.25F—CERTIFIED PERSONNEL LEVEL TWO GRIEVANCE FORM 40

3.26—CERTIFIED PERSONNEL SEXUAL HARASSMENT 41

3.27—CERTIFIED PERSONNEL SUPERVISION OF STUDENTS 43

3.28—CERTIFIED PERSONNEL COMPUTER USE POLICY 44

3.28F—CERTIFIED PERSONNEL EMPLOYEE INTERNET USE AGREEMENT 45

3.29—CERTIFIED PERSONNEL SCHOOL CALENDAR 47

3.30—PARENT-TEACHER COMMUNICATION 48

3.31—DRUG FREE WORKPLACE - CERTIFIED PERSONNEL 49

3.31F—DRUG FREE WORKPLACE POLICY ACKNOWLEDGEMENT 52

3.32—CERTIFIED PERSONNEL FAMILY MEDICAL LEAVE 53

3.33—ASSIGNMENT OF EXTRA DUTIES FOR CERTIFIED PERSONNEL 64

3.34—CERTIFIED PERSONNEL CELL PHONE USE 65

3.35—CERTIFIED PERSONNEL BENEFITS 66

3.36—CERTIFIED PERSONNEL DISMISSAL AND NON-RENEWAL 67

3.37—ASSIGNMENT OF TEACHER AIDES 68

3.38—CERTIFIED PERSONNEL RESPONSIBILITIES GOVERNING BULLYING 69

3.39— CERTIFIED PERSONNEL RECORDS AND REPORTS 72

3.40—CERTIFIED PERSONNEL Duty to Report Child Abuse, Maltreatment or Neglect 73

3.41—CERTIFIED PERSONNEL VIDEO SURVEILLANCE 74

3.42—RELEASE of STUDENT’S FREE and REDUCED PRICE MEAL ELIGIBLITY INFORMATION 75

3.43—DUTY OF LICENSED EMPLOYEES TO MAINTAIN LICENSE IN GOOD STANDING 77

3.44—CERTIFIED PERSONNEL WORKPLACE INJURIES and WORKERS’ COMPENSATION 78

SECTION 4—STUDENTS

4.1—RESIDENCE REQUIREMENTS 1
4.2—ENTRANCE REQUIREMENTS 3

4.3—COMPULSORY ATTENDANCE REQUIREMENTS 6

4.4—STUDENT TRANSFERS 7

4.5—SCHOOL CHOICE 9

4.6—HOME SCHOOLING 11

4.7—ABSENCES 12

4.8—MAKE-UP WORK 15

4.9—TARDIES 16

4.10—CLOSED CAMPUS 17

4.11—EQUAL EDUCATIONAL OPPORTUNITY 18

4.12—STUDENT ORGANIZATIONS/Equal Access 19

4.13—PRIVACY OF STUDENTS’ RECORDS/ DIRECTORY INFORMATION 20

4.13F—OBJECTION TO PUBLICATION OF DIRECTORY INFORMATION 23

4.14—STUDENT PUBLICATIONS AND THE DISTRIBUTION OF LITERATURE 24

4.15—CONTACT WITH STUDENTS WHILE AT SCHOOL 27

4.16—STUDENT VISITORS 29

4.17—STUDENT DISCIPLINE 30

4.18—PROHIBITED CONDUCT 31

4.19—CONDUCT TO AND FROM SCHOOL AND TRANSPORTATION ELIGIBILITY 33

4.20—DISRUPTION OF SCHOOL 34

4.21—STUDENT ASSAULT OR BATTERY 35

4.22—WEAPONS AND DANGEROUS INSTRUMENTS 36

4.23—TOBACCO AND TOBACCO PRODUCTS 39

4.24—DRUGS AND ALCOHOL 40

4.25—STUDENT DRESS AND GROOMING 41

4.26—GANGS AND GANG ACTIVITY 42

4.27—STUDENT SEXUAL HARASSMENT 43

4.28—LASER POINTERS 45

4.29—COMPUTER USE POLICY 46

4.29F—STUDENT INTERNET USE AGREEMENT 47

4.30—SUSPENSION FROM SCHOOL 50

4.31—EXPULSION 52

4.32—SEARCH, SEIZURE, AND INTERROGATIONS 54

4.33—STUDENTS’ VEHICLES 56

4.34—COMMUNICABLE DISEASES AND PARASITES 57

4.35—STUDENT MEDICATIONS 58

4.35F—MEDICATION ADMINISTRATION CONSENT FORM 59

4.35F2—MEDICATION SELF-ADMINISTRATION CONSENT FORM 60

4.36—STUDENT ILLNESS/ACCIDENT 61

4.37—EMERGENCY DRILLS 62

4.38—PERMANENT RECORDS 63

4.39—CORPORAL PUNISHMENT 64

4.40—HOMELESS STUDENTS 65

4.41—PHYSICAL EXAMINATIONS OR SCREENINGS 67

4.41F—OBJECTION TO PHYSICAL EXAMINATIONS OR SCREENINGS 68

4.42—STUDENT HANDBOOK 69

4.43—BULLYING 70

4.44— ATTENDANCE REQUIREMENTS FOR STUDENTS IN GRADES 9 - 12 73

4.45—SMART CORE CURRICULUM AND GRADUATION REQUIREMENTS 75

4.46—PLEDGE OF ALLEGIANCE 80

4.47— POSSESSION AND USE OF CELL PHONES, BEEPERS, ETC. 81

4.48—VIDEO SURVEILLANCE 83

4.49—SPECIAL EDUCATION 85

4.50—SCHOOL LUNCH SUBSTITUTIONS 86

4.51— FOOD SERVICE PREPAYMENT 87

SECTION 5—CURRICULUM AND INSTRUCTION

5.1—EDUCATIONAL PHILOSOPHY 1
5.2—PLANNING FOR EDUCATIONAL IMPROVEMENT 2

5.3—CURRICULUM DEVELOPMENT 4

5.4—STAFF DEVELOPMENT PROGRAM 5

5.5—SELECTION/INSPECTION OF INSTRUCTIONAL MATERIALS 8

5.6—CHALLENGE TO INSTRUCTIONAL/SUPPLEMENTAL MATERIALS 9

5.6F—REQUEST FOR RECONSIDERATION OF INSTRUCTIONAL OR SUPPLEMENTAL MATERIALS 11

5.7—SELECTION OF LIBRARY/MEDIA CENTER MATERIALS 12

5.7F—REQUEST FOR RECONSIDERATION OF LIBRARY/MEDIA CENTER MATERIALS 15

5.8—USE OF COPYRIGHTED MATERIALS 16

5.9—COMPUTER SOFTWARE COPYRIGHT 17

5.10—RELIGION IN THE SCHOOLS 18

5.11—PROMOTION/RETENTION/COURSE CREDIT FOR ?-12 SCHOOLS 19

5.12—PROMOTION/RETENTION/COURSE CREDIT FOR K-? SCHOOLS 22

5.13—SUMMER SCHOOL 24

5.14—HOMEWORK 25

5.15—GRADING 26

5.16—GRADUATION REQUIREMENTS 27

5.17—HONOR ROLL AND HONOR GRADUATES 30

5.17F— HONOR ROLL AND GRADUATE OPT OUT FORM 32

5.18—HEALTH SERVICES 33

5.19—EXTRACURRICULAR ACTIVITIES – SECONDARY SCHOOLS 34

5.19.1—EXTRACURRICULAR ACTIVITIES - ELEMENTARY 37

5.20—DISTRICT WEB SITE 38

5.20 F1—PERMISSION TO DISPLAY PHOTO OF STUDENT ON WEB SITE 40

5.20.1—WEB SITE PRIVACY POLICY 41

5.21—ADVANCED PLACEMENT 42

5.22—CONCURRENT CREDIT 44

5.23—EQUIVALENCE BETWEEN SCHOOLS #1 45

5.23—EQUIVALENCE BETWEEN SCHOOLS #2 46

5.24—STUDENT PARTICIPATION IN SURVEYS 47

5.24F1—OBJECTION TO PARTICIPATION IN SURVEYS, ANALYSIS, OR EVALUATIONS 49

5.24F2—PERMISSION TO PARTICIPATE IN A SURVEY, ANALYSIS, OR EVALUATION 50

5.25—MARKETING OF PERSONAL INFORMATION 51

5.26—ALTERNATIVE LEARNING ENVIRONMENTS 52

5.26.1—ALE Program Evaluation 53

5.27—ENGLISH LANGUAGE LEARNERS 54

5.28—NATIONAL SCHOOL LUNCH ACT FUNDING EXPENDITURES 55

5.29—WELLNESS POLICY 56

SECTION 6—SCHOOL, HOME, AND COMMUNITY RELATIONS

6.1—COMMUNICATION GOALS 1
6.2—RELATIONS WITH SCHOOL SUPPORT ORGANIZATIONS 3

6.3—PUBLIC GIFTS AND DONATIONS TO THE SCHOOLS 4

6.4—VOLUNTEERS 5

6.5—VISITORS TO THE SCHOOLS 6

6.6—FUND RAISING 7

6.7—COMPLAINTS 9

6.8—DISTRIBUTION OF PRINTED MATERIALS 11

6.9—MEDIA RELATIONS AND NEWS RELEASES 12

6.10—SEX OFFENDERS ON CAMPUS (MEGAN’S LAW) 13

6.11—PARENTAL/COMMUNITY INVOLVEMENT - DISTRICT 15

6.12—PARENTAL/COMMUNITY INVOLVEMENT - SCHOOL 17

SUPPORTING INFORMATION FOR 6.11 AND 6.12 i

SECTION 7—BUSINESS AND FINANCIAL MANAGEMENT
7.1—FISCAL YEAR 1
7.2—ANNUAL OPERATING BUDGET 2

7.3—MILLAGE RATE 3

7.4—GRANTS AND SPECIAL FUNDING 4

7.5—PURCHASES OF COMMODITIES 5

7.5F—COMMODITIES BIDDER AFFIDAVIT 8

7.6—ACTIVITY ACCOUNT 9

7.7—CASH IN CLASSROOMS 10

7.8—PERSONAL PROPERTY 11

7.9—PROPERTY INSURANCE 12

7.10—PUBLIC USE OF SCHOOL BUILDINGS 13

7.11—USE OF SCHOOL FUNDS FOR NON-SCHOOL RELATED PURPOSES 14

7.12—EXPENSE REIMBURSEMENT 15

7.13—FEDERAL GOVERNMENT GRANT FUNDS 18

7.14—USE OF DISTRICT CELL PHONES and COMPUTERS 19

7.15—RECORD RETENTION AND DESTRUCTION 20

7.16—INFORMATION TECHNOLOGY SECURITY 24

7.17—FOOD SERVICE PREPAYMENT____________________________________________________ 25

SECTION 8—NONCERTIFIED PERSONNEL POLICIES

8.1—NONCERTIFIED PERSONNEL SALARY SCHEDULE 1
8.2— NONCERTIFIED PERSONNEL EVALUATIONS 2

8.3—EVALUATION OF NONCERTIFIED PERSONNEL BY RELATIVES 3

8.4— NONCERTIFIED EMPLOYEES DRUG TESTING 4

8.5— NONCERTIFIED EMPLOYEES SICK LEAVE 8

8.6—SICK LEAVE BANK — NONCERTIFIED EMPLOYEES 10

8.7—NONCERTIFIED PERSONNEL PERSONAL AND PROFESSIONAL LEAVE 12

8.8—NONCERTIFIED PERSONNEL RESPONSIBILITIES IN DEALING WITH SEX OFFENDERS ON CAMPUS 14

8.9—PUBLIC OFFICE – NONCERTIFIED PERSONNEL 15

8.10—JURY DUTY – NONCERTIFIED PERSONNEL 16

8.11—OVERTIME, COMPTIME, and COMPLYING WITH FLSA 17

8.12— NONCERTIFIED PERSONNEL OUTSIDE EMPLOYMENT 22

8.13— NONCERTIFIED PERSONNEL EMPLOYMENT 23

8.14— NONCERTIFIED PERSONNEL REIMBURSEMENT OF TRAVEL EXPENSES 24

8.15— NONCERTIFIED PERSONNEL TOBACCO USE 25

8.16—DRESS OF NONCERTIFIED EMPLOYEES 26

8.17— NONCERTIFIED PERSONNEL POLITICAL ACTIVITY 27

8.18— NONCERTIFIED PERSONNEL DEBTS 28

8.19— NONCERTIFIED PERSONNEL GRIEVANCES 29

8.19F—LEVEL TWO GRIEVANCE FORM - NONCERTIFIED 32

8.20— NONCERTIFIED PERSONNEL SEXUAL HARASSMENT 33

8.21— NONCERTIFIED PERSONNEL SUPERVISION OF STUDENTS 35

8.22— NONCERTIFIED PERSONNEL COMPUTER USE POLICY 36

8.22F—NONCERTIFIED PERSONNEL INTERNET USE AGREEMENT 37

8.23—NONCERTIFIED PERSONNEL FAMILY MEDICAL LEAVE 39

8.24—SCHOOL BUS DRIVER’S USE OF CELL PHONES 50

8.25— NONCERTIFIED PERSONNEL CELL PHONE USE 51

8.26—NONCERTIFIED PERSONNEL RESPONSIBILITIES GOVERNING BULLYING 52

8.27—NONCERTIFIED PERSONNEL LEAVE — INJURY FROM ASSAULT 55

8.28— DRUG FREE WORKPLACE - NONCERTIFIED PERSONNEL 56

8.28F—DRUG FREE WORKPLACE POLICY ACKNOWLEDGEMENT 59

8.29—NONCERTIFIED PERSONNEL VIDEO SURVEILLANCE 60

8.30—NONCERTIFIED PERSONNEL REDUCTION IN FORCE 61

8.31—NONCERTIFIED PERSONNEL TERMINATION AND NON-RENEWAL 64

8.32—NONCERTIFIED PERSONNEL ASSIGNMENTS 65

8.33—NONCERTIFIED PERSONNEL SCHOOL CALENDAR 66

8.34—NONCERTIFIED PERSONNEL WHO ARE MANDATORY REPORTERS DUTY TO REPORT CHILD ABUSE, MALTREATMENT OR NEGLECT 67

8.35—RELEASE of STUDENT’S FREE and REDUCED PRICE MEAL ELIGIBLITY INFORMATION *

8.36—NONCERTIFIED PERSONNEL WORKPLACE INJURIES and WORKERS’ COMPENSATION 70

TABLE OF CONTENTS

SECTION 8—NONCERTIFIED PERSONNEL POLICIES

8.1—NONCERTIFIED PERSONNEL SALARY SCHEDULE *
8.2— NONCERTIFIED PERSONNEL EVALUATIONS *

8.3—EVALUATION OF NONCERTIFIED PERSONNEL BY RELATIVES *

8.4— NONCERTIFIED EMPLOYEES DRUG TESTING *

8.5— NONCERTIFIED EMPLOYEES SICK LEAVE *

8.6—SICK LEAVE BANK — NONCERTIFIED EMPLOYEES *

8.7—NONCERTIFIED PERSONNEL PERSONAL AND PROFESSIONAL LEAVE *

8.8—NONCERTIFIED PERSONNEL RESPONSIBILITIES IN DEALING WITH SEX OFFENDERS ON CAMPUS *

8.9—PUBLIC OFFICE – NONCERTIFIED PERSONNEL *

8.10—JURY DUTY – NONCERTIFIED PERSONNEL *

8.11—OVERTIME, COMPTIME, and COMPLYING WITH FLSA *

8.12— NONCERTIFIED PERSONNEL OUTSIDE EMPLOYMENT *

8.13— NONCERTIFIED PERSONNEL EMPLOYMENT *

8.14— NONCERTIFIED PERSONNEL REIMBURSEMENT OF TRAVEL EXPENSES *

8.15— NONCERTIFIED PERSONNEL TOBACCO USE *

8.16—DRESS OF NONCERTIFIED EMPLOYEES *

8.17— NONCERTIFIED PERSONNEL POLITICAL ACTIVITY *

8.18— NONCERTIFIED PERSONNEL DEBTS *

8.19— NONCERTIFIED PERSONNEL GRIEVANCES *

8.19F—LEVEL TWO GRIEVANCE FORM - NONCERTIFIED *

8.20— NONCERTIFIED PERSONNEL SEXUAL HARASSMENT *

8.21— NONCERTIFIED PERSONNEL SUPERVISION OF STUDENTS *

8.22— NONCERTIFIED PERSONNEL COMPUTER USE POLICY *

8.22F—NONCERTIFIED PERSONNEL Internet Use Agreement *

8.23—NONCERTIFIED PERSONNEL FAMILY MEDICAL LEAVE *

8.24—SCHOOL BUS DRIVER’S USE OF CELL PHONES *

8.25— NONCERTIFIED PERSONNEL CELL PHONE USE *

8.26—NONCERTIFIED PERSONNEL RESPONSIBILITIES GOVERNING BULLYING *

8.27—NONCERTIFIED PERSONNEL LEAVE — INJURY FROM ASSAULT *

8.28— DRUG FREE WORKPLACE - NONCERTIFIED PERSONNEL *

8.28F—DRUG FREE WORKPLACE POLICY ACKNOWLEDGEMENT *

8.29—NONCERTIFIED PERSONNEL VIDEO SURVEILLANCE *

8.30—NONCERTIFIED PERSONNEL REDUCTION IN FORCE *

8.31—NONCERTIFIED PERSONNEL TERMINATION AND NON-RENEWAL *

8.32—NONCERTIFIED PERSONNEL ASSIGNMENTS *

8.33—NONCERTIFIED PERSONNEL SCHOOL CALENDAR *

8.34—NONCERTIFIED PERSONNEL WHO ARE MANDATORY REPORTERS Duty to Report Child Abuse, Maltreatment or Neglect *

8.35—RELEASE of STUDENT’S FREE and REDUCED PRICE MEAL ELIGIBLITY INFORMATION *

8.36—NONCERTIFIED PERSONNEL WORKPLACE INJURIES and WORKERS’ COMPENSATION *

NONCERTIFIED PERSONNEL

8.1—NONCERTIFIED PERSONNEL SALARY SCHEDULE

Enter your District’s salary schedule for this policy which must accurately reflect your district’s actual pay practices and is not required by law to include step increases for additional years of experience. State law requires each District to include its noncertified employee’s salary schedule in its written personnel policies unless the District recognizes a classified employee’s union in its policies for, among other things, the negotiation of salaries. Your district is required to have a salary schedule for at least the following five categories of noncertified personnel: 1) Maintenance and Operations; 2) Transportation; 3) Food Service; 4) Secretarial and Clerical; and 5) Aids and Paraprofessionals.

For the purposes of this policy, an employee must work two thirds (2/3) of the number of their regularly assigned annual work days to qualify for a step increase.¹

Notes: The salary schedule does not have to contain steps, nor does it have to be listed specifically, i.e. John Doe = $6.65 per hour, Jane Doe = $6.83 per hour. You may list the spread in salaries per category. For example, Janitors = $6.65 to $11.00 per hour, Bus drivers = $8.25 to $12.00 per hour, etc.
^{1 Include
this sentence only if your district has step increases built into its
classified salary schedule. Two thirds (2/3) is merely offered as a
suggestion.}

Legal Reference: A.C.A. § 6-17-2301

Date Adopted:07-20-09

Last Revised:

8.2— NONCERTIFIED PERSONNEL EVALUATIONS

Noncertified personnel may be periodically evaluated.

Any forms, procedures or other methods of evaluation, including criteria, are to be developed by the Superintendent and or his designee(s), but shall not be part of the personnel policies of the District.

Legal Reference: A.C.A. § 6-17-2301

Date Adopted:

Last Revised:

8.3—EVALUATION OF NONCERTIFIED PERSONNEL BY RELATIVES

No person shall be employed in, or assigned to, a position which would require that he be evaluated by any relative, by blood or marriage, including spouse, parent, child, grandparent, grandchild, sibling, aunt, uncle, niece, nephew, or first cousin.

Notes: This policy is similar to Policy 3.3. If you change this policy, review 3.3 at the same time to ensure applicable consistency between the two.

This policy is optional and is not required by any statute.

Date Adopted:

Last Revised:

8.4— NONCERTIFIED EMPLOYEES DRUG TESTING

Scope of Policy

Each person hired for a position which allows or requires that the employee operate any type of motor vehicle which is privately owned and operated for compensation, or which is owned, leased or otherwise operated by, or for the benefit of the District, and is operated for the transportation of children to or from school or school sponsored activity shall undergo a physical examination, including a drug test.¹ Each person’s initial employment for a job entailing a safety sensitive function is conditioned upon the district receiving a negative drug test result for that employee.² The offer of employment is also conditioned upon the employee’s signing an authorization for the request for information by the district from the Commercial Driver Alcohol and Drug Testing Database.³

Methods of Testing

The collection, testing methods and standards shall be determined by the agency or other medical organizations chosen by the School Board to conduct the collection and testing of samples. The drug and alcohol testing is to be conducted by a laboratory certified pursuant to the most recent guidelines issued by the United States Department of Health and Human Services for such facilities. ("Mandatory Guidelines for Federal Workplace Drug Testing Programs").

Definition

Safety sensitive function includes:

All time spent inspecting, servicing, and/or preparing the vehicle;

All time spent driving the vehicle;

All time spent loading or unloading the vehicle or supervising the loading or unloading of the vehicle; and

All time spent repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.

Requirements

Employees shall be drug and alcohol free from the time the employee is required to be ready to work until the employee is relieved from the responsibility for performing work and/or any time they are performing a safety-sensitive function. In addition to the testing required as an initial condition of employment, employees shall submit to subsequent drug tests as required by law and/or regulation. Subsequent testing includes, and/or is triggered by, but is not limited to:

Random tests;

Testing in conjunction with an accident;

Receiving a citation for a moving traffic violation; and

Reasonable suspicion.

Prohibitions

No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater;

No driver shall use alcohol while performing safety-sensitive functions;

No driver shall perform safety-sensitive functions within four (4) hours after using alcohol;

No driver required to take a post-accident alcohol test under # 2 above shall use alcohol for eight (8) hours following the accident or until he/she undergoes a post-accident alcohol test, whichever occurs first;

No driver shall refuse to submit to an alcohol or drug test in conjunction with # 1, 2, and/or 4 above;

No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions when using any controlled substance, except when used pursuant to the instructions of a licensed medical practitioner, knowledgeable of the driver’s job responsibilities, who has advised the driver that the substance will not adversely affect the driver’s ability to safely operate his/her vehicle. It is the employee’s responsibility to inform his/her supervisor of the employee’s use of such medication;

No driver shall report for duty, remain on duty, or perform a safety-sensitive function if the driver tests positive or has adulterated or substituted a test specimen for controlled substances.

Violation of any of these prohibitions may lead to disciplinary action being taken against the employee, which could include termination or non-renewal.

Testing for Cause

Drivers involved in an accident in which there is a loss of another person’s life shall be tested for alcohol and controlled substances as soon as practicable following the accident. Drivers shall also be tested for alcohol within eight (8) hours and for controlled substances within thirty two (32) hours following an accident for which they receive a citation for a moving traffic violation if the accident involved: 1) bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident, or 2) one or more motor vehicles incurs disabling damage as a result of the accident requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.⁴

Refusal to Submit

Refusal to submit to an alcohol or controlled substance test means that the driver

Failed to appear for any test within a reasonable period of time as determined by the employer consistent with applicable Department of Transportation agency regulation;

Failed to remain at the testing site until the testing process was completed;

Failed to provide a urine specimen for any required drug test;

Failed to provide a sufficient amount of urine without an adequate medical reason for the failure;

Failed to undergo a medical examination as directed by the Medical Review Officer as part of the verification process for the previous listed reason;

Failed or declined to submit to a second test that the employer or collector has directed the driver to take;

Failed to cooperate with any of the testing process; and/or

Adulterated or substituted a test result as reported by the Medical Review Officer.

Consequences for Violations

Drivers who engage in any conduct prohibited by this policy, who refuse to take a required drug or alcohol test, refuse to sign the request for information required by law, or who exceed the acceptable limits for the respective tests shall no longer be allowed to perform safety sensitive functions. Actions regarding their continued

employment shall be taken in relation to their inability to perform these functions and could include termination or non-renewal of their contract of employment.⁵

Drivers who exhibit signs of violating the prohibitions of this policy relating to alcohol or controlled substances shall not be allowed to perform or continue to perform safety-sensitive functions if they exhibit those signs during, just preceding, or just after the period of the work day that the driver is required to be in compliance with the provisions of this policy. This action shall be based on specific, contemporaneous, articulatable observations concerning the behavior, speech, or body odors of the driver. The Superintendent or his/her designee shall require the driver to submit to "reasonable suspicion" tests for alcohol and controlled substances. The direction to submit to such tests must be made just before, just after, or during the time the driver is performing safety-sensitive functions. If circumstances prohibit the testing of the driver the Superintendent or his/her designee shall remove the driver from reporting for, or remaining on, duty for a minimum of 24 hours from the time the observation was made triggering the driver’s removal from duty.

If the results for an alcohol test administered to a driver is equal to or greater than 0.02, but less than 0.04, the driver shall be prohibited from performing safety-sensitive functions for a period not less than 24 hours from the time the test was administered. Unless the loss of duty time triggers other employment consequence policies, no further other action against the driver is authorized by this policy for test results showing an alcohol concentration of less than 0.04.

Notes: You are required to give drivers a copy of the procedures that will be used in the testing for drugs and alcohol. If you are following your own policy in this regard, give your drivers a copy of that policy; if you’re using a drug testing company to administer the tests, give your drivers a copy of the test administration procedures.

You are required to provide your drivers the name of the person you have designated to answer your drivers questions about the materials you give them regarding drug and alcohol testing.

You are also required to give your employees "information pertaining to the effects of alcohol and controlled substance use on an individual’s health, work, and personal life; signs and symptoms of an alcohol or a controlled substances problem (the driver’s or a co-worker’s); and available methods of intervening when an alcohol or a controlled substances problem is suspected, including confrontation, referral to any employee assistance program and/or referral to management."

Give a copy of this policy to your drivers.

Have your drivers sign an acknowledgement that they have received all of the information contained in this policy and these footnotes.
^{1
You have the option of also requiring an alcohol test, but you may not
selectively require it, i.e. if you require it for one prospective employee
you must require it for all prospective employees.

^{2
While A.C.A. § 6-19-108(e) permits a district to hire a non-certified bus
driver in an emergency situation, 49CFR382.301 forbids a first time driver
(employee) from performing any safety sensitive functions prior to the
district receiving a negative drug test for the employee.

^{3
While the provisions for fines contained in 27-23-209 do not apply to school
districts, school districts are still required to comply with this law. It
is for this reason, along with simple prudence in not hiring a person who
receives a positive drug/alcohol test, that this language is included. The
request for information required by the state is in addition to the federal
requirement (49CFR40.25(a)(b) that you request drug and alcohol test results
from any U.S. Department of Transportation regulated employers who have
employed the employee during any period during the two years prior to the
date of the employee’s application.
^{4
Employers are required to report to the Office of Driver Services of the
Revenue Division of the Department of Finance and Administration within
three (3) business days the results of an alcohol test if it was performed
due to cause or as part of random testing and the results were positive or
the employee refused to provide a specimen for testing.

^{5The
drivers covered under this policy are those who operate a vehicle as
outlined in the first paragraph, "Scope of Policy." Federal law
requires you to remove them from safety-sensitive functions when a drug or
alcohol related problem exists, but the law does not enter into the realm of
dismissing them from other, non-driving, duties.

This policy is similar to Policy
3.7. If you change this policy, review 3.7 at the same time to ensure
applicable consistency between the two.}}}}}

Legal References: A.C.A. § 6-19-108

A.C.A. § 27-23-201 et seq.

49 C.F.R. § 382-101 – 605

49 C.F.R. § part 40

Arkansas Division of Academic Facilities and Transportation Rules Governing Maintenance and Operations of Arkansas Public School Buses and Physical Examinations of School Bus Drivers

Date Adopted:

Last Revised:

8.5— NONCERTIFIED EMPLOYEES SICK LEAVE

Definitions

"Employee" is an employee of the District working 20 or more hours per week who is not required to have a teaching license as a condition of his employment.

"Sick Leave" is absence from work due to illness, whether by the employee or a member of the employee’s immediate family, or due to a death in the family. The principal shall determine whether sick leave will be approved on the basis of a death outside the immediate family of the employee.

"Current Sick Leave" means those days of sick leave for the current contract year, which leave is granted at the rate of one day of sick leave per month worked, or major part thereof.¹

"Accumulated Sick Leave" is the total of unused sick leave, up to a maximum of ninety (90) days accrued from previous contract, but not used.

"Immediate family" means an employee’s spouse, child, parent, or any other relative provided the other relative lives in the same household as the employee.

Sick Leave

The principal has the discretion to approve sick leave for an employee to attend the funeral of a person who is not related to the employee, under circumstances deemed appropriate by the principal. Such approved sick leave shall not exceed one-half day.

Pay for sick leave shall be at the employee’s daily rate of pay, which is that employee’s hourly rate of pay times the number of hours normally worked per day. Absences for illness in excess of the employee’s accumulated and current sick leave shall result in a deduction from the employee’s pay at the daily rate as defined above.

At the discretion of the principal (or Superintendent), the District may require a written statement from the employee’s physician. Failure to provide such documentation of illness may result in sick leave not being paid, or in dismissal.

Excessive absenteeism, whatever the cause, to the extent that the employee is not carrying out his assigned duties to the degree that the education of students or the efficient operation of a school or the district is substantially adversely affected (at the determination of the principal or Superintendent) may result in dismissal.

Sick Leave and Family Medical Leave Act (FMLA) Leave

When an employee takes sick leave, the district shall determine if the leave qualifies for FMLA leave. The district may request additional information from the employee to help make the applicability² determination. If the leave qualifies under the FMLA, the district will notify the employee, either orally or in writing³, of the decision within two workdays. If the leave is intermittent as defined in this policy and the circumstances of the leave don’t change, the district is only required to notify the employee once of the determination regarding the

applicability of sick leave and/or FMLA leave. To the extent the employee has accrued paid leave, any leave taken that qualifies for FMLA leave shall be paid leave and charged against the employee’s accrued leave.

Notes: This policy is similar to Policy 3.8. If you change this policy, review 3.8 at the same time to ensure applicable consistency between the two.
^{1 For noncertified employees your district has the
choice of crediting sick leave days up front as is done for licensed
employees, or of crediting sick leave at the rate of one day per month
worked. Choose your method and delete the portion of this sentence that
reflects your choice.
^{2 As used in this policy, "applicable" is a
very important word. Some leave taken under FMLA also applies to sick leave
and therefore, the employee will get paid for the leave to the extent the
employee has sick leave accrued. Other leave taken under FMLA is not
applicable to sick leave and therefore the FMLA leave is unpaid. For
instance, "applicable leave" in terms of time taken under FMLA due
to the birth of a child will vary depending on the language in your district’s
policy on sick leave. For instance, if sick leave may be taken
"for reason of personal illness or illness in the immediate
family" (based on the statutory definition in 6-17-1302, and an
employee gives birth to a child, she may take sick leave for the amount of
time that her personal physician deems it necessary for her to physically
recover from childbirth. Once the medically necessary time has passed,
sick leave is no longer appropriate and cannot be used. While under
the FMLA, the employee could take additional time off work, she would need
to take unpaid FMLA leave for this purpose, unless she had personal days or
vacation days available. However, if your district has a much more
liberal definition of sick leave in district policy, the results could be
entirely different. Another example would be the potential for overlap
between pregnancy complications that arise to the level of a "serious
health condition." For instance, pregnancy complications that rose to
the level of a "serious health condition" would qualify for both,
while missing work for a dentist’s appointment would qualify for sick
leave, but would not qualify for FMLA leave. Consult policy 8.23—
NONCERTIFIED PERSONNEL FAMILY MEDICAL LEAVE when making the determination of
what sick leave qualifies under both policies. It may also be helpful to
consult 29 CFR 825.114 which is attached at the end of that policy.
^{3 If the notice is oral, it must be confirmed in
writing no later than the following payday (unless the payday is less than
one week after the notice, in which case the notice must be no later than
the subsequent payday). The written notice may be in any form, including a
notation on the employee’s pay stub.}}}

Cross Reference: 8.23— NONCERTIFIED PERSONNEL FAMILY MEDICAL LEAVE

Legal References: A.C.A. § 6-17-1301 et seq.

29 USC §§ 2601 et seq.

29 CFR 825.100 et seq.

Date Adopted:

Last Revised:

^{M: 29 USC § 207(a), 29 CFR § 778.100, 29 USC
§ 207(o), 29 CFR §§ 553.20 – 553.32}

^N: 29 CFR § 778.106

^O: 29 USC § 207(g)(2), 29 CFR § 778.115

^P: 29 USC § 207(o)(2)(A), 29 CFR § 553.23

^Q: 29 CFR § 553.20

^R: 29 USC § 207(o)(4), 29 CFR § 553.27

^S:

8.6—SICK LEAVE BANK — NONCERTIFIED EMPLOYEES *

A sick leave bank is established for the purpose of permitting noncertified employees, upon approval, to obtain sick leave in excess of accumulated and current sick leave, when the noncertified employee has exhausted all such leave. Only those noncertified employees who contribute to the sick leave bank during a given contract year shall be eligible to withdraw from the sick leave bank.

The Superintendent shall appoint a Noncertified Sick Leave Bank Committee. That committee shall consist of six (6) members: five (5) noncertified employees¹ and one (1) principal.

The terms of the committee shall be for three years with two members being replaced each year.

The Committee shall meet as necessary for the purpose of reviewing requests for withdrawal from the bank. The determination of the committee shall be final.

Withdrawals

The Committee may, but is not obligated to, grant sick leave up to _________ days per contract year for serious personal or family illness, disabilities or accidents (not including accidents for which the employee is receiving Workers’ Compensation), which cause the employee to be absent from work and when the employee has exhausted all accumulated and current sick leave. The employee shall be eligible to withdraw the day(s) he/she has donated to the bank if sufficient days are available in the bank. "Serious personal or family illness, disabilities or accidents" means a period of continuous or intermittent absence, qualifying as sick leave, in which 40² or more days are missed during a single contract year.

Absence from work due to medically unnecessary elective surgery may not make the employee eligible to withdraw from the sick leave bank.

Requests for withdrawal from the sick leave bank must state the reason(s) for the request and the number of days requested and must be accompanied by a detailed statement from an attending physician of the nature of the malady and the expected duration thereof.

If the information provided to the Committee is deemed by a majority of the Committee to be insufficient, the Committee may require additional information or deny the employee’s request, at its discretion.

The Committee shall have the authority to grant, reduce or deny any request. However, the Committee may grant no request, or any granted time may be withdrawn, when the employee accepts retirement; is eligible for Social Security Disability; or other disability insurance or the employee returns to work.

Spousal Donations

District employees who are husband and wife are eligible to utilize each other’s sick leave. Written permission must be received for each day of donated sick leave. If the employees are paid at different rates of pay, the lesser rate of pay shall be used for the purpose of the donated sick leave days.³

* This is policy is optional and not mandated by law.

Notes: ASBA recommends separate sick leave banks for Classified and Licensed employees due to the pay differential between the two groups which can result in the district paying licensed employees for sick leave donated at a classified rate of pay.

This policy is similar to Policy 3.9. If you change this policy, review 3.9 at the same time to ensure applicable consistency between the two.
^{1
ASBA recommends that each of the five categories of classified employees
designated in Act 1780 have one representative on the committee. The five
categories are 1) maintenance and operations, 2) transportation, 3) food
service, 4) secretarial and clerical, and 5) aids and paraprofessionals.
^{2 Choose
the number you wish to insert here. Numbers of roughly 40 or more will
generally preclude granting leave from a bank for pregnancies and elective
surgeries. Numbers of roughly 40 or less will generally allow granting leave
from a bank for pregnancies and some elective surgeries. The language in the
following paragraph was deleted to eliminate the possibility that pregnancy
could be discriminated against for sick leave bank purposes.
^{3
You may choose to include, or not include, this optional sentence. It is
also allowable to have a stand-alone policy for this sentence if your
district otherwise chooses not to have a sick leave bank.
The rate of pay would be
determined by the employee receiving the lower wage. For example, one spouse
might be certified and the other classified. If the certified employee
received a day of sick leave from his/her spouse who is a classified
employee making a lower wage, the sick leave would be valued at the lower
wage. Example: Teacher, whose daily rate is $150 a day, has a sick
leave day transferred to her by her husband, who works as a custodian and
whose daily rate is $75. She would be credited $75 for the day instead
of $150, due to her husband’s donation (or ½ the teacher’s rate for
sick leave).}}}

Legal Reference: A.C.A. § 6-17-1306

Date Adopted:

Last Revised:

8.7—NONCERTIFIED PERSONNEL PERSONAL AND PROFESSIONAL LEAVE

For the district to function efficiently and have the necessary personnel present to effect a high achieving learning environment, employee absences need to be kept to a minimum. The district acknowledges that there are times during the school year when employees have personal business that needs to be addressed during the school day. Each full-time employee shall receive two (2)¹ days of personal leave per contract year. The leave may be taken in increments of no less than ____.²

Employees shall take personal leave or leave without pay for those absences which are not due to attendance at school functions which are related to their job duties and do not qualify for other types of leave (for sick leave see Policy 8.5, for professional leave see below).

School functions, for the purposes of this policy, means:

Athletic or academic events related to a public school district; and

Meetings and conferences related to education.

The determination of what activities meet the definition of a school function shall be made by the employee’s immediate supervisor or designee. In no instance shall paid leave in excess of allotted vacation days and/or personal days be granted to an employee who is absent from work while receiving remuneration from another source as compensation for the reason for their absence.

Any employee desiring to take personal leave may do so by making a written request to his supervisor at least twenty-four (24) hours prior to the time of the requested leave. The twenty-four hour requirement may be waived by the supervisor when the supervisor deems it appropriate.

Employees who fail to report to work when their request for a personal day has been denied or who have exhausted their allotted personal days, shall lose their daily rate of pay for the day(s) missed (leave without pay). While there are instances where personal circumstances necessitate an employee’s absence beyond the allotted days of sick and/or personal leave, any employee who requires leave without pay must receive advance permission (except in medical emergencies) from their immediate supervisor. Failure to report to work without having received permission to be absent is grounds for discipline, up to and including termination.

Personal leave does not accumulate from one contract year to the next.³

Personal leave may not be taken the day before or the day after a holiday.⁴

Professional Leave

"Professional Leave" is leave granted for the purpose of enabling an employee to participate in professional activities (e.g., workshops or serving on professional committees) which can serve to improve the school district’s instructional program or enhances the employee’s ability to perform his duties. Professional leave will also be granted when a school district employee is subpoenaed for a matter arising out of the employee’s employment with the school district. Any employee seeking professional leave must make a written request to his immediate supervisor, setting forth the information necessary for the supervisor to make an informed

decision. The supervisor’s decision is subject to review and overruling by the superintendent. Budgeting concerns and the potential benefit for the district’s students will be taken into consideration in reviewing a request for professional leave.

Applications for professional leave should be made as soon as possible following the employee’s discerning a need for such leave, but, in any case, no less then two (2) weeks before the requested leave is to begin, if possible.

If the employee does not receive or does not accept remuneration for their participation in the professional leave activity and a substitute is needed for the employee, the district shall pay the full cost of the substitute. If the employee receives and accepts remuneration for their participation in the professional leave activity, the employee shall forfeit his/her daily rate of pay from the district for the time the employee misses. The cost of a substitute, if one is needed, shall be paid by the employee/district⁵.

Notes: While you are not required to provide employees with personal days, you are required to have a policy that requires employees who are absent from the district to take either personal days or leave without pay.

Please note that the provisions of Act 1028 of 2007 which gives state employees 8 hours of paid leave to attend their children’s school educational activities does NOT apply to public school employees.

1 If your district gives personal days, insert the number of days given.
^{2 Choose
the number of hours or portion of a work day that is the minimum that may be
taken at any one time.

3
This sentence is optional.
^{4
This sentence is optional.

^{5 Choose
whether the employee or the district will pay the cost of the employee.

Legal Reference: A.C.A. § 6-17-211

Date Adopted:
Last Revised:

8.8—NONCERTIFIED
PERSONNEL RESPONSIBILITIES IN DEALING WITH SEX OFFENDERS ON CAMPUS

Individuals who have been convicted
of certain sex crimes must register with law enforcement as sex offenders.
Arkansas law places restrictions on sex offenders with a Level 1 sex offender
having the least restrictions (lowest likelihood of committing another sex
crime), and Level 4 sex offenders having the most restrictions (highest
likelihood of committing another sex crime).

While Levels 1 and 2 place no
restrictions prohibiting the individual’s presence on a school campus, Levels
3 and 4 have specific prohibitions. These are specified in Policy 6.10—SEX
OFFENDERS ON CAMPUS (MEGAN’S LAW) and it is the responsibility of district
staff to know and understand the policy and, to the extent requested aid school
administrators in enforcing the restrictions placed on campus access to Level 3
and Level 4 sex offenders.

It is the intention of the board of
directors that district staff not stigmatize students whose parents or guardians
are sex offenders while taking necessary steps to safeguard the school community
and comply with state law. Each school’s administration should establish
procedures so attention is not drawn to the accommodations necessary for
registered sex offender parents or guardians.¹}

Cross Reference: 6.10—SEX
OFFENDERS ON CAMPUS (MEGAN’S LAW)

Notes: This policy is similar to
Policy 3.12. If you change this policy, review 3.12 at the same time to
ensure applicable consistency between the two.
^{1
For example, if a sex offender parent will arrive for conferences at the
same time as other parents, staff should escort additional parents to their
student’s classroom, not just the sex offender parent. All principals,
designees, and school employees who will or may have contact with the sex
offender parents shall be required to keep confidential both the sex
offender status and sex offender accommodations made for a parent.}

Legal References: A.C.A. §
12-12-913 (g) (2)
Arkansas Department of Education
Guidelines for "Megan’s Law"
A.C.A. § 5-14-132

Date Adopted:
Last Revised:

8.9—PUBLIC OFFICE
– NONCERTIFIED PERSONNEL

An employee of the District who is
elected to the Arkansas General Assembly or any elective or appointive public
office (not legally constitutionally inconsistent with employment by a public
school district) shall not be discharged or demoted as a result of such service.

No paid leave will be granted for
the employee’s participation in such public office. The employee may receive
pay for personal leave or vacation (if applicable), if approved in advance by
the Superintendent, during his absence.

Prior to taking leave, and as soon
as possible after the need for such leave is discerned by the employee, he must
make written request for leave to the Superintendent, setting out, to the degree
possible, the dates such leave is needed.

An employee who fraudulently
requests sick leave for the purpose of taking leave to serve in public office
may be subject to nonrenewal or termination of his employment contract.

Note: This policy is
substantially the same as Policy 3.13. If you change this policy consider
changing 3.13 at the same time to ensure consistency between the two.

Cross Reference: Policy # 8.17—Noncertified
Personnel Political Activity

Legal Reference: A.C.A. § 6-17-115

Date Adopted:
Last Revised:

8.10—JURY DUTY
– NONCERTIFIED PERSONNEL

Employees are not subject to
discharge, loss of sick leave, loss of vacation time or any other penalty due to
absence from work for jury duty, upon giving reasonable notice to the District
through the employee’s immediate supervisor.

The employee must present the
original (not a copy) summons to jury duty to his supervisor in order to confirm
the reason for the requested absence.

Employees shall receive their
regular pay from the district while serving jury duty, and shall reimburse the
district from the stipend they receive for jury duty, up to, but not to exceed,
the cost of the substitute hired to replace the employee in his/her absence.¹}

Notes: This policy is similar to
Policy 3.14. If you change this policy, review 3.14 at the same time to
ensure applicable consistency between the two.

^{1
This sentence is totally optional.

Legal Reference: A.C.A. § 16-31-106

Date Adopted:
Last Revised:

8.11—OVERTIME,
COMPTIME, and COMPLYING WITH FLSA

The ____________ School District
shall comply with those portions of the Fair Labor Standards Act that relate to
the operation of public schools. The act requires that covered employees be
compensated for all hours worked at greater than or equal to the applicable
minimum wage for workweeks of less than or equal to 40 hours.^A It
also requires that employees be compensated for workweeks of greater than 40
hours at 1 1/2 times their regular rate of pay either monetarily^B or
through compensatory time^C.

Definitions

Overtime
is hours worked in excess of 40 per workweek. Compensation given for hours not
worked such as for holidays or sick days do not count in determining hours
worked per workweek.^D}

Workweek
is the seven day consecutive period of time from 12:00AM on Sunday to midnight
on the following Saturday.¹ Each workweek is independent of every
other workweek for the purpose of determining the number of hours worked and the
remuneration entitled to by the employee for that week.^E}

Exempt Employees are those employees who are not covered under the FLSA.^F They include administrators and professional employees such as teachers, counselors, nurses, and supervisors.²Any employee who is unsure of their coverage status should consult with the District’s Administration.

Covered Employees (also defined as non-exempt employees) are those employees who are not exempt, generally termed noncertified, and include bus drivers, clerical workers, maintenance personnel, custodians, transportation workers, receptionists, paraprofessionals, food service workers, secretaries, and bookkeepers.

Regular Rate of Pay includes all forms of remuneration for employment³ and shall be expressed as an hourly rate.^G For those employees previously paid on a salary basis, the salary shall be converted to an hourly equivalent. Employees shall be paid for each and every hour worked.

Employment Relationships

The District does not have an employment relationship in the following instances.

Between the District and student teachers;

Between the District and its students;

Between the District and individuals who as a public service volunteer or donate their time to the District without expectation or promise of compensation.

The District does not have a joint employment relationship in the following instances.

Between the District and off-duty policemen or deputies who are hired on a part-time basis for security purposes or crowd control. The District is separate from and acts independently of other governmental entities.

Between the District and any agency contracted with to provide transportation services, security services, or other services.

Hours Worked

Employees shall be compensated for all the time they are required to be on duty^H and shall be paid for all hours worked each workweek. Employees shall accurately record the hours they work each week.^I

The District shall determine the manner to be used by employees to accurately record the hours they work. Each employee shall record the exact time they commence and cease work including meal breaks. Employees arriving early may socialize with fellow workers who are off the clock, but shall not commence working without first recording their starting time.^J

Employees shall sign in/clock in where they start work and sign out/clock out at the site where they cease working.Employees who do not start and end their workday at the same site shall carry a time card or sheet with them to accurately record their times. They shall turn in their time sheets or cards to their immediate supervisor no later than the following Monday morning after reviewing them to be sure that they accurately reflect their hours worked for that week.⁴

Each employee is to personally record his or her own times. Any employee who signs in or out (or who punches a time clock) for another employee or who asks another employee to do so for him or her will be dismissed.

Employees whose normal workweek is less than 40 hours and who work more than their normal number of hours in a given workweek may, at the District’s option, be given compensatory time for the hours they worked in excess of their normal workweek in lieu of their regular rate pay. Compensatory time given in this manner shall be subject to the same conditions regarding accumulation and use as compensatory time given in lieu of overtime pay.

Breaks and Meals

Each employee working more than 20 hours per week shall be provided two, paid, 15 minute duty free breaks per workday.^K

Meal periods which are less than 30 minutes in length or in which the employee is not relieved of duty are compensable.^L Employees with a bona fide meal period shall be completely relieved of their duty to allow them to eat their meal which they may do away from their work site, in the school cafeteria, or in a break area.

The employee shall not engage in any work for the District during meal breaks except in rare and infrequent emergencies.

Overtime

Covered employees shall be compensated at not less than 1.5 times his or her regular rate of pay for all hours

worked over 40 in a workweek.^M Overtime compensation shall be computed on the basis of the hours worked in each week and may not be waived by either the employee or the District. Overtime compensation shall be paid on the next regular payday for the period in which the overtime was earned.^N

Employees working two or more jobs for the District at different rates of pay shall be paid overtime at a weighted average of the differing wages.^O This shall be determined by dividing the total regular remuneration for all hours worked by the number of hours worked in that week to arrive at the weighted average. One half that rate is then multiplied times the number of hours worked over 40 to arrive at the overtime compensation due.⁵

Provided the employee and the District have a written agreement or understanding before the work is performed,^P compensatory time off may be awarded in lieu of overtime pay for hours worked over 40 in a workweek and shall be awarded on a one-and-one-half (1 1/2) time basis for each hour of overtime worked.^Q The District reserves the right to determine if it will award compensatory time in lieu of monetary pay for the overtime worked. The maximum number of compensatory hours an employee may accumulate at a time is 20.⁶ The employee must be able to take the compensatory time off within a reasonable period of time that is not unduly disruptive to the District.

An employee whose employment is terminated with the District, whether by the District or the employee shall receive monetary compensation for unused compensatory time. Of the following methods, the one that yields the greatest money for the employee shall be used.

The average regular rate received by the employee during the last 3 years of employment. Or

The final regular rate received by the employee.^R

Overtime Authorization

There will be instances where the district’s needs necessitate an employee work overtime. It is the Board’s desire to keep overtime worked to a minimum. To facilitate this, employees shall receive authorization from their supervisor in advance of working overtime except in the rare instance when it is unforeseen and unavoidable.

All overtime worked will be paid in accordance with the provisions of the FLSA, but unless the overtime was pre-approved or fit into the exceptions noted previously, disciplinary action must be taken for failure to follow District policy. In extreme and repeated cases, disciplinary action could include the termination of the employee.

Leave Requests

All covered employees shall submit a leave request form prior to taking the leave if possible. If, due to unforeseen or emergency circumstances, advance request was not possible the leave form shall be turned in the day the employee returns to work. Unless specifically granted by the Board for special circumstances, the reason necessitating the leave must fall within District policy.

Payment for leave could be delayed or not occur if an employee fails to turn in the required leave form.

Leave may be taken in a minimum of 4 hour increments.⁷

Record Keeping^S and Postings^T

The District shall keep and maintain records as required by the FLSA for the period of time^U required by the act.⁸

The District shall display minimum wage posters where employees can readily observe them.⁹

Cooperation with Enforcement Officials^V

All records relating to the FLSA shall be available for inspection by, and District employees shall cooperate fully with, officials from the DOL and/or its authorized representatives in the performance of their jobs relating to:

Investigating and gathering data regarding the wages, hours, and other conditions and practices of employment;

Entering, inspecting, and/or transcribing the premises and its records;

Questioning employees and investigating such facts as the inspectors deem necessary to determine whether any person has violated any provision of the FLSA.

Notes: ¹ Select any consecutive 168 hours period (seven days) that will work best for your district.
^{2
Supervisors cannot spend more than 20% of their time in the performance of
non-supervisory work. For example a transportation director who also works
on maintaining buses may only do so for < 20% of the workweek with
no exceptions to that in any given workweek.
^{3
If you provide your employee a benefit in the form of goods or a facility the
reasonable cost or the fair value of the lodging (per week) must be added to
the cash wages before the regular rate is determined.
^{4
Devise a system that will work for your district. The point is to have an
accurate and verifiable record of the hours worked by each employee. While
carrying time cards around can be a hassle, you don’t want to lose excessive
worktime from an employee having to walk excessively to and from their time
sheet. Time clocks are obviously an accurate and verifiable record of hours
worked, but they are not without drawbacks. First, they are not cheap to
initially purchase and then to configure for your district as a whole. Second,
employees can unintentionally take less than 30 minute meal times (by
forgetting the exact time they clock out) which makes that time compensable.
^{5
Example = an employee works for the district at one job paying $8.00/hour and
another paying $10.00/hour. In a given week he works 50 hours, 26 of which are
at $8.00 and 24 at $10.00. 26
x 8 = $208 and 24 x 10 = $240 for
a total of $448. 448/50(total hours worked) = $8.96/hour (the weighted
average). 8.96 x 1/2 = 4.48 x 10 hours = $44.80 The total wages due for the
week = $448 + $44.80 = $492.80.
^{6
You may choose any number < 240. In determining the number to insert
remember that you must permit the employee to use the comptime within a
"reasonable" period of time so long as it does not

"unduly disrupt" the
district’s operations. Comptime does not have to be offered to all
employees, nor does the agreement have to be the same for all employees.
^{7
The DOL does not recognize leave in the form of "days" for hourly
employees even though that is how Arkansas law (ACA § 6-17-1304) prescribes
them. The DOL requires they be attributed in hourly allotments. You can choose
the minimum amount of leave that may be used at one time.
^{8
29 CFR § 516.2 –516.9 and 29 CFR § 553.50 list the records that are
required to be kept. These are included in the accompanying material.
^{9
The district must display minimum wage posters in "conspicuous
places" (each work site). They can be downloaded from the DOL by going to
http://www.dol.gov/esa/regs/compliance/posters/flsa.htm}}}}}}}

Legal References: ^A: 29
USC § 206(a), ACA § 6-17-2203
^B: 29 USC § 207(a)(1),
29 CFR § 778.100
^C: 29 USC § 207(o), 29
CFR § 553.50
^D: 29 CFR § 778.218(a)
^E: 29 CFR § 778.105
^F: 29 USC § 213(a), 29
CFR §§ 541 et seq.
^G: 29 USC § 207(e), 29
CFR § 778.108
^H: 29 CFR §§ 785.9,
785.16
^I: 29 CFR § 516.2(7)
^J: 29 CFR §§ 785.1 et
seq.
^K: ACA § 6-17-2205
^L: 29 CFR §§ 785.19}
29 USC § 211(c), 29 CFR §§ 516.2, 516.3, 553.50

^T: 29 CFR § 516.4

^U: 29 CFR §§ 516.5, 516.6

^V: 29 USC § 211(a)(b)

Date Adopted:

Last Revised:

8.12— NONCERTIFIED PERSONNEL OUTSIDE EMPLOYMENT

An employee of the District may not be employed in any other capacity during regular working hours.

An employee may not accept employment outside of his district employment which will interfere, or otherwise be incompatible with the District employment, including normal duties outside the regular work day; nor shall an employee accept other employment which is inappropriate for an employee of a public school.

The Superintendent, or his designee(s), shall be responsible for determining whether outside employment is incompatible, conflicting, or inappropriate.

Note: This policy is similar to Policy 3.18. If you change this policy, review 3.18 at the same time to ensure applicable consistency between the two.

Legal References: A.C.A. § 6-24-106, 107, 111

Date Adopted:

Last Revised:

8.13— NONCERTIFIED PERSONNEL EMPLOYMENT

All prospective employees must fill out an application form provided by the District, in addition to any resume provided, all of which information is to be placed in the personnel file of those employed.

If the employee provides false or misleading information, or if he withholds information to the same effect, it may be grounds for dismissal.

The _________________School District is an equal opportunity employer and shall not discriminate on the grounds of race, color, religion, national origin, sex, age, or disability.

Note: This policy is similar to Policy 3.18. If you change this policy, review 3.18 at the same time to ensure applicable consistency between the two.

Date Adopted:

Last Revised:

8.14— NONCERTIFIED PERSONNEL REIMBURSEMENT OF TRAVEL EXPENSES

Employees shall be reimbursed for personal and/or travel expenses incurred while performing duties or attending workshops or other employment-related functions, provided that prior written approval for the activity for which the employee seeks reimbursement has been received from the Superintendent, principal (or other immediate supervision with the authority to make school approvals), or the appropriate designee of the Superintendent and that the employee’s attendance/travel was at the request of the district.

It is the responsibility of the employee to determine the appropriate supervisor from which he must obtain approval.

Reimbursement claims must be made on forms provided by the District and must be supported by appropriate, original receipts. Copies of receipts or other documentation are not acceptable, except in extraordinary circumstances.

Note: This policy is similar to Policy 3.20. If you change this policy, review 3.20 at the same time to ensure applicable consistency between the two.

Cross Reference: Policy #7.12

Date Adopted:

Last Revised:

8.15— NONCERTIFIED PERSONNEL TOBACCO USE *

Smoking or the use of tobacco, or products containing tobacco in any form, in or on any property owned or leased by the district, including buses or other school vehicles, is prohibited.

Violation of this policy by employees shall be grounds for disciplinary action up to, and including, dismissal.

* NOTE: This model policy tracks the state law referenced below. It is not required to be in District policies, but it could be useful in informing employees, among others, of the statutory prohibition on all tobacco use.

Note: This policy is similar to Policy 3.21. If you change this policy, review 3.21 at the same time to ensure applicable consistency between the two.

Legal Reference: A.C.A. § 6-21-609

Date Adopted:

Last Revised:

8.16—DRESS OF NONCERTIFIED EMPLOYEES

Employees shall ensure that their dress and appearance are professional and appropriate to their positions.

Note: This policy is similar to Policy 3.22. If you change this policy, review 3.22 at the same time to ensure applicable consistency between the two.

Date Adopted:

Last Revised:

8.17— NONCERTIFIED PERSONNEL POLITICAL ACTIVITY

Employees are free to engage in political activity outside of work hours and to the extent that it does not affect the performance of their duties or adversely affect important working relationships.

It is specifically forbidden for employees to engage in political activities on the school grounds or during work hours. The following activities are forbidden on school property:

Using students for preparation or dissemination of campaign materials;

Distributing political materials;

Distributing or otherwise seeking signatures on petitions of any kind;

Posting political materials; and

Discussing political matters with students, in or out of the classroom, in other than circumstances appropriate to the employee’s responsibilities to the students and where a legitimate pedagogical reason exists.

Note: This policy is similar to Policy 3.23. If you change this policy, review 3.23 at the same time to ensure applicable consistency between the two.

Date Adopted:07-20-09

Last Revised:

8.18— NONCERTIFIED PERSONNEL DEBTS

All employees are expected to meet their financial obligations. If an employee writes "hot" checks or has his income garnished, dismissal may result.

An employee will not be dismissed for having been the subject of one (1) garnishment. However, a second or third garnishment may result in dismissal.

At the discretion of the Superintendent, he or his designee may meet with an employee who has received a second garnishment for the purpose of warning the employee that a third garnishment will result in a recommendation of dismissal to the School Board.

At the discretion of the Superintendent, a second garnishment may be used as a basis for a recommended dismissal. The Superintendent may take into consideration other factors in deciding whether to recommend dismissal based on a second garnishment. Those factors may include, but are not limited to, the amount of the debt, the time between the first and the second garnishment, and other financial problems which come to the attention of the District.

Note: This policy is similar to Policy 3.24. If you change this policy, review 3.24 at the same time to ensure applicable consistency between the two.

Date Adopted:

Last Revised:

8.19— NONCERTIFIED PERSONNEL GRIEVANCES

The purpose of this policy is to provide an orderly process for employees to resolve, at the lowest possible level, their concerns related to the personnel policies or salary payments of this district.

Definitions

Grievance: a claim or concern related to the interpretation, application, or claimed violation of the personnel policies, including salary schedules, federal or state laws and regulations, or terms or conditions of employment, raised by an individual employee of this school district. Other matters for which the means of resolution are provided or foreclosed by statute or administrative procedures shall not be considered grievances. Specifically, no grievance may be entertained against a supervisor for directing, instructing, reprimanding, or "writing up" an employee under his/her supervision.¹ A group of employees who have the same grievance may file a group grievance.

Group Grievance: A grievance may be filed as a group grievance if it meets the following criteria: (meeting the criteria does not ensure that the subject of the grievance is, in fact, grievable)

More than one individual has interest in the matter; and

The group has a well-defined common interest in the facts and/or circumstances of the grievance; and

The group has designated an employee spokesperson to meet with administration and/or the board; and

All individuals within the group are requesting the same relief.

Employee: any person employed under a written contract by this school district.

Immediate Supervisor: the person immediately superior to an employee who directs and supervises the work of that employee.

Working day: Any weekday other than a holiday whether or not the employee under the provisions of their contract is scheduled to work or whether they are currently under contract.

Process

Level One: An employee who believes that he/she has a grievance shall inform that employee’s immediate supervisor that the employee has a potential grievance and discuss the matter with the supervisor within five working days of the occurrence of the grievance. The supervisor shall offer the employee an opportunity to have a witness or representative who is not a member of the employee’s immediate family present at their conference. (The five-day requirement does not apply to grievances concerning back pay.) If the grievance is not advanced to Level Two within five working days following the conference, the matter will be considered resolved and the employee shall have no further right with respect to said grievance.

If the grievance cannot be resolved by the immediate supervisor, the employee can advance the grievance to Level Two. To do this, the employee must complete the top half of the Level Two Grievance Form within five working days of the discussion with the immediate supervisor, citing the manner in which the specific personnel policy was violated that has given rise to the grievance, and submit the Grievance Form to his/her immediate supervisor. The supervisor will have ten working days to respond to the grievance using the bottom

half of the Level Two Grievance Form which he/she will submit to the building principal or, in the event that the employee’s immediate supervisor is the building principal, the superintendent.

Level Two (when appeal is to the building principal): Upon receipt of a Level Two Grievance Form, the building principal will have ten working days to schedule a conference with the employee filing the grievance. The principal shall offer the employee an opportunity to have a witness or representative who is not a member of the employee’s immediate family present at their conference. After the conference, the principal will have ten working days in which to deliver a written response to the grievance to the employee. If the grievance is not advanced to Level Three within five working days the matter will be considered resolved and the employee shall have no further right with respect to said grievance.

Level Two (when appeal is to the superintendent): Upon receipt of a Level Two Grievance Form, the superintendent will have ten working days to schedule a conference with the employee filing the grievance. The superintendent shall offer the employee an opportunity to have a witness or representative who is not a member of the employee’s immediate family present at their conference. After the conference, the superintendent will have ten working days in which to deliver a written response to the grievance to the employee.

Level Three: If the proper recipient of the Level Two Grievance was the building principal, and the employee remains unsatisfied with the written response to the grievance, the employee may advance the grievance to the superintendent by submitting a copy of the Level Two Grievance Form and the principal’s reply to the superintendent within five working days of his/her receipt of the principal’s reply. The superintendent will have ten working days to schedule a conference with the employee filing the grievance. The superintendent shall offer the employee an opportunity to have a witness or representative who is not a member of the employee’s immediate family present at their conference. After the conference, the superintendent will have ten working days in which to deliver a written response to the grievance to the employee.

Appeal to the Board of Directors: An employee who remains unsatisfied by the written response of the superintendent may appeal the superintendent’s decision to the Board of Education within five working days of his/her receipt of the Superintendent’s written response by submitting a written request for a board hearing to the superintendent². If the grievance is not appealed to the Board of Directors within five working days of his/her receipt of the superintendent’s response, the matter will be considered resolved and the employee shall have no further right with respect to said grievance.

The school board will address the grievance at the next regular meeting of the school board, unless the employee agrees in writing to an alternate date for the hearing. After reviewing the Level Two Grievance Form and the superintendent’s reply, the board will decide if the grievance, on its face, is grievable under district policy. If the grievance is presented as a "group grievance," the Board shall first determine if the composition of the group meets the definition of a "group grievance." If the Board determines that it is a group grievance, the Board shall then determine whether the matter raised is grievable. If the Board rules the composition of the group does not meet the definition of a group grievance, or the grievance, whether group or individual, is not grievable, the matter shall be considered closed. (Individuals within the disallowed group may choose to subsequently refile their grievance as an individual grievance beginning with Level One of the process.) If the Board rules the grievance to be grievable, they shall immediately commence a hearing on the grievance. All parties have the right to representation by a person of their own choosing who is not a member of the

employee’s immediate family at the appeal hearing before the Board of Directors. The employee shall have no less than 90 minutes to present his/her grievance, unless a shorter period is agreed to by the employee, and both parties shall have the opportunity to present and question witnesses. The hearing shall be open to the public

unless the employee requests a private hearing. If the hearing is open, the parent or guardian of any student under the age of eighteen years who gives testimony may elect to have the student’s testimony given in closed session. At the conclusion of the hearing, if the hearing was closed, the Board of Directors may excuse all parties except board members and deliberate, by themselves, on the hearing. At the conclusion of an open hearing, board deliberations shall also be in open session unless the board is deliberating the employment, appointment, promotion, demotion, disciplining, or resignation of the employee. A decision on the grievance shall be announced no later than the next regular board meeting.

Records

Records related to grievances will be filed separately and will not be kept in, or made part of, the personnel file of any employee.

Reprisals

No reprisals of any kind will be taken or tolerated against any employee because he/she has filed or advanced a grievance under this policy.

Notes: ¹ It is important to understand the implications of the language contained in this paragraph. Only matters specified in the first sentence of the paragraph are, in fact, grievable, but that cannot prohibit an employee from filing a grievance which the administration does not deem to be grievable and nonetheless advancing it through the grievance process. Ultimately, it is the board that determines whether or not the matter is actually grievable by comparing the written grievance to the definition of grievance in the grievance policy, and continuing on with the hearing only if the grievance is determined to be within the definition. This is addressed in the "Appeal to the Board of Directors" paragraph.

^{2 It
is suggested that you date stamp the request for a board hearing upon
receipt.
This policy is similar to Policy
3.25. If you change this policy, review 3.25 at the same time to ensure
applicable consistency between the two.}

Legal References: ACA § 6-17-208, 210

Date Adopted:

Last Revised:

8.19F—LEVEL TWO GRIEVANCE FORM - NONCERTIFIED

Name: _______________________________________________

Date submitted to supervisor: ____________

Noncertified Personnel Policy grievance is based upon: _________________________________________________________________________________

Grievance (be specific): _____________________________________________________________________

What would resolve your grievance? __________________________________________________________

Supervisor’s Response

Date submitted to recipient: ____________

Date Adopted:

Last Revised:

8.20— NONCERTIFIED PERSONNEL SEXUAL HARASSMENT

The __________ School District is committed to having an academic and work environment in which all students and employees are treated with respect and dignity. Student achievement and amicable working relationships are best attained in an atmosphere of equal educational and employment opportunity that is free of discrimination. Sexual harassment is a form of discrimination that undermines the integrity of the educational environment and will not be tolerated.

Believing that prevention is the best policy, the district will periodically inform students and employees about the nature of sexual harassment, the procedures for registering a complaint, and the possible redress that is available. The information will stress that the district does not tolerate sexual harassment and that students and employees can report inappropriate behavior of a sexual nature without fear of adverse consequences.

It shall be a violation of this policy for any student or employee to be subjected to, or to subject another person to, sexual harassment as defined in this policy. Any employee found, after an investigation, to have engaged in sexual harassment will be subject to disciplinary action up to, and including, termination.

Sexual harassment refers to unwelcome sexual advances, requests for sexual favors, or other personally offensive verbal, visual, or physical conduct of a sexual nature made by someone under any of the following conditions:

Submission to the conduct is made, either explicitly or implicitly, a term or condition of an individual’s education or employment;

Submission to, or rejection of, such conduct by an individual is used as the basis for academic or employment decisions affecting that individual; and/or

Such conduct has the purpose or effect of substantially interfering with an individual’s academic or work performance or creates an intimidating, hostile, or offensive academic or work environment.

The terms "intimidating," "hostile," and "offensive" include conduct of a sexual nature which has the effect of humiliation or embarrassment and is sufficiently severe, persistent, or pervasive that it limits the student’s or employee’s ability to participate in, or benefit from, an educational program or activity or their employment environment.

Within the educational or work environment, sexual harassment is prohibited between any of the following: students; employees and students; non-employees and students; employees; employees and non-employees.

Actionable sexual harassment is generally established when an individual is exposed to a pattern of objectionable behaviors or when a single, serious act is committed. What is, or is not, sexual harassment will depend upon all of the surrounding circumstances. Depending upon such circumstances, examples of sexual harassment include, but are not are not limited to: unwelcome touching; crude jokes or pictures; discussions of sexual experiences; pressure for sexual activity; intimidation by words, actions, insults, or name calling; teasing related to sexual characteristics; and spreading rumors related to a person’s alleged sexual activities.

Employees who believe they have been subjected to sexual harassment are encouraged to file a complaint by contacting their immediate supervisor, administrator, or Title IX coordinator who will assist them in the

complaint process. Under no circumstances shall an employee be required to first report allegations of sexual harassment to a school contact person if that person is the individual who is accused of the harassment. To the extent possible, complaints will be treated in a confidential manner. Limited disclosure may be necessary in order to complete a thorough investigation.

Employees who file a complaint of sexual harassment will not be subject to retaliation or reprisal in any form.

Employees who knowingly fabricate allegations of sexual harassment shall be subject to disciplinary action up to and including termination.

Individuals who withhold information, purposely provide inaccurate facts, or otherwise hinder an investigation of sexual harassment shall be subject to disciplinary action up to and including termination.

Note: This policy is similar to Policy 3.26. If you change this policy, review 3.26 at the same time to ensure applicable consistency between the two.

Legal References: Title IX of the Education Amendments of 1972, 20 USC 1681, et seq.

Title VII of the Civil Rights Act of 1964, 42 USC 2000-e, et seq.

ACA § 6-15-1005 (b) (1)

Date Adopted:

Last Revised:

8.21— NONCERTIFIED PERSONNEL SUPERVISION OF STUDENTS

All District personnel are expected to conscientiously execute their responsibilities to promote the health, safety, and welfare of the District’s students under their care. The Superintendent shall direct all principals to establish regulations ensuring adequate supervision of students throughout the school day and at extracurricular activities.

Note: This policy is similar to Policy 3.27. If you change this policy, review 3.27 at the same time to ensure applicable consistency between the two.

Date Adopted:

Last Revised:

8.22— NONCERTIFIED PERSONNEL COMPUTER USE POLICY

The ___________ School District provides computers and/or computer Internet access for many employees to assist employees in performing work related tasks. Employees are advised that they enjoy no expectation of privacy in any aspect of their computer use, including email, and that under Arkansas law both email and computer use records maintained by the district are subject to disclosure under the Freedom of Information Act. Consequently, no employee or student-related reprimands or other disciplinary communications should be made through email.

Passwords or security procedures are to be used as assigned, and confidentiality of student records is to be maintained at all times. Employees must not disable or bypass security procedures, compromise, attempt to compromise, or defeat the district’s technology network security, alter data without authorization, disclose passwords to other staff members or students, or grant students access to any computer not designated for student use. It is the policy of this school district to equip each computer with Internet filtering software designed to prevent users from accessing material that is harmful to minors. The designated District Technology Administrator or designee may authorize the disabling of the filter to enable access by an adult for a bona fide research or other lawful purpose.

Employees who misuse district-owned computers in any way, including excessive personal use, using computers for personal use during work or instructional time, using computers to violate any other policy, knowingly or negligently allowing unauthorized access, or using the computers to access or create sexually explicit or pornographic text or graphics, will face disciplinary action, up to and including termination or non-renewal of the employment contract.

Note: This policy is similar to Policy 3.28. If you change this policy, review 3.28 at the same time to ensure applicable consistency between the two.

Legal References: Children’s Internet Protection Act; PL 106-554

20 USC 6777

47 USC 254(h)

Other circumstances exist beyond the employee’s control.

Circumstances under "a" listed above shall be certified by a licensed, practicing health care provider verifying the employee’s inability to return to work.

Reporting Requirements During Leave

Employees shall inform the district every two weeks⁶ during FMLA leave of their current status and intent to return to work.

Return to Work

Medical Certification: An employee who has taken FMLA leave under reason 4 stated above shall provide the district with certification from a health care provider that the employee is able to resume work.

A.C.A. § 6-21-107

A.C.A. § 6-21-111

Date Adopted:

Last Revised:

8.22F—NONCERTIFIED PERSONNEL Internet Use Agreement

Name (Please Print)________________________________________________________________

School____________________________________________________________Date____________

The _____________ School District agrees to allow the employee identified above ("Employee") to use the district’s technology to access the Internet under the following terms and conditions:

1. Conditional Privilege: The Employee’s use of the district’s access to the Internet is a privilege conditioned on the Employee’s abiding by this agreement.

2. Acceptable Use: The Employee agrees that in using the District’s Internet access he/she will obey all federal and state laws and regulations. Internet access is provided as an aid to employees to enable them to better perform their job responsibilities. Under no circumstances shall an Employee’s use of the District’s Internet access interfere with, or detract from, the performance of his/her job-related duties.

3. Penalties for Improper Use: If the Employee violates this agreement and misuses the Internet, the Employee shall be subject to disciplinary action up and including termination.

4. "Misuse of the District’s access to the Internet" includes, but is not limited to, the following:

using the Internet for any activities deemed lewd, obscene, vulgar, or pornographic as defined by prevailing community standards;

using abusive or profane language in private messages on the system; or using the system to harass, insult, or verbally attack others;

posting anonymous messages on the system;

using encryption software;

wasteful use of limited resources provided by the school including paper;

causing congestion of the network through lengthy downloads of files;

vandalizing data of another user;

obtaining or sending information which could be used to make destructive devices such as guns, weapons, bombs, explosives, or fireworks;

gaining or attempting to gain unauthorized access to resources or files;

identifying oneself with another person’s name or password or using an account or password of another user without proper authorization;

using the network for financial or commercial gain without district permission;

theft or vandalism of data, equipment, or intellectual property;

invading the privacy of individuals;

using the Internet for any illegal activity, including computer hacking and copyright or intellectual property law violations;

introducing a virus to, or otherwise improperly tampering with, the system;

degrading or disrupting equipment or system performance;

creating a web page or associating a web page with the school or school district without proper authorization;

attempting to gain access or gaining access to student records, grades, or files of students not under their jurisdiction;

providing access to the District’s Internet Access to unauthorized individuals; or

taking part in any activity related to Internet use which creates a clear and present danger of the substantial disruption of the orderly operation of the district or any of its schools;

making unauthorized copies of computer software.

personal use of computers during instructional time.

5. Liability for debts: Staff shall be liable for any and all costs (debts) incurred through their use of the District’s computers or the Internet including penalties for copyright violations.

6. No Expectation of Privacy: The Employee signing below agrees that in using the Internet through the District’s access, he/she waives any right to privacy the Employee may have for such use. The Employee agrees that the district may monitor the Employee’s use of the District’s Internet Access and may also examine all system activities the Employee participates in, including but not limited to e-mail, voice, and video transmissions, to ensure proper use of the system.

7. Signature: The Employee, who has signed below, has read this agreement and agrees to be bound by its terms and conditions.

Employee’s Signature: _______________________________________________Date _____________

Note: This policy is similar to Policy 3.28F. If you change this policy, review 3.28F at the same time to ensure applicable consistency between the two.

Date Adopted:

Last Revised:

8.23—NONCERTIFIED PERSONNEL FAMILY MEDICAL LEAVE*

Definitions:

Active Duty: is duty under a call or order to active duty under a provision of law referred to in 10 USC § 101(a)(13)(B).

Contingency Operation: has the same meaning given such term in 10 USC § 101(a)(13).

Covered Service Member: is a member of the Armed Forces, including a member of the National Guard or Reserves, who is a undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.

Eligible Employee: is an employee who has been employed by the district for at least twelve (12) months and for 1250 hours of service during the twelve (12) month period immediately preceding the commencement of the leave. Full time, licensed teachers are considered to have met the 1250 hour requirement for eligibility.

Health Care Provider: is a doctor of medicine or osteopathy who is authorized to practice medicine or surgery (as appropriate) by the state in which the doctor practices. It also includes any other person determined by the U.S. Secretary of Labor to be capable of providing health care services.

Instructional Employee: is a teacher whose principal function is teach and instruct students in a class, a small group, or an individual setting and includes, athletic coaches, driving instructors, and special education assistants such as signers for the hearing impaired. The term does not include administrators, counselors, librarians, psychologists, or curriculum specialists who are included under the broader definition of "eligible employee" (to the extent the employee has been employed for 12 months).

Next of Kin: used in respect to an individual, means the nearest blood relative of that individual.

Outpatient Status: used in respect to a covered service member, means the status of a member of the Armed Forces assigned to

a military medical treatment facility as an outpatient; or

a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients.

Parent: is the biological parent of an employee or an individual who stood in loco parentis to an employee when the employee was a son or a daughter.

Serious Health Condition: is an injury, illness, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider.¹

Serious Injury or Illness: used in respect to a member of the Armed Forces, including the National Guard or Reserves, it means an injury or illness incurred by the member in the line of duty on active duty in the Armed Forces that may render the member unfit to perform the duties of the member’s office, grade, rank, or rating.

Year: the twelve (12) month period of eligibility shall begin on the first duty day of the school year.

Policy

The provisions of this policy are intended to be in line with the provisions of the FMLA. If any conflict(s) exist, the Family Medical Leave Act of 1993 shall govern.

Leave Eligibility

The district will grant up to twelve (12) weeks of leave in a year accordance with the Family Medical Leave Act of 1993 (FMLA) to its eligible employees for one or more of the following reasons:

Because of the birth of a son or daughter of the employee and in order to care for such son or daughter;

Because of the placement of a son or daughter with the employee for adoption or foster care;

In order to care for the spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition; and

Because of a serious health condition that makes the employee unable to perform the functions of the position of such employee.

Because of any qualifying exigency (as the U.S. Secretary of Labor shall, by regulation, determine) arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation.

The entitlement to leave for reasons 1 and 2 listed above shall expire at the end of the twelve (12) month period beginning on the date of such birth or placement.

An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered service member shall be entitled to a total of 26 weeks of leave during one 12-month period to care for the service member. During the single 12-month period, the eligible employee is entitled to a combined total of 26 weeks of leave to care for the covered service member and for reasons 1 through 5 listed above. Leave taken, which does not include caring for a covered service member, is limited to 12 weeks in a year.

If husband and wife are both eligible employees employed by the district, the husband and wife are entitled to a total of 26 weeks of leave during one 12-month period to care for their spouse, son, daughter, parent, or next of kin who is a covered service member. During the single 12-month period, the eligible husband and wife are entitled to a combined total of 26 weeks of leave to care for a covered service member and for reasons 1 or 2 listed above or to care for a parent with a serious health condition. Leave taken, which does not include caring for a covered service member, is limited to a combined total of twelve (12) weeks in a year when taken for reasons 1 or 2 listed above or to care for a parent with a serious health condition.

District Notice to Employees

The district shall post, in conspicuous places in each school within the district, where notices to employees and applicants for employment are customarily posted, a notice explaining the FMLA’s provisions and providing information about the procedure for filing complaints with the Department of Labor.²

Employee Notice to District

Foreseeable:

When the need for leave is foreseeable for reasons 1 through 4 or for the care of a covered service member listed above, the employee shall provide the district with not less than 30 days' notice, before the date the leave is to begin, of the employee's intention to take leave for the specified reason, except that if the date of the treatment requires leave to begin in less than 30 days, the employee shall provide such notice as is practicable. As soon as practicable means as soon as both possible and practical, taking into account all of the facts and circumstances in the individual case.

When the necessity for leave is for reason 5 listed above is foreseeable, whether because the spouse, son, daughter, or parent of the employee is on active duty, or because of notification of an impending call or order to active duty in support of a contingency operation, the employee shall provide such notice to the district as is reasonable and practicable.

When the need for leave is for reasons 3 or 4 or for the care of a covered service member listed above, the employee shall make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the district subject to the approval of the health care provider of the spouse, son, daughter, or parent of the employee.

Failure by the employee to give thirty (30) days notice may delay the taking of FMLA leave until at least thirty (30) days after the date the employee provides notice to the district.

Unforeseeable:

When the approximate timing of the need for leave is not foreseeable, an employee shall provide the district notice of the need for leave as soon as practicable given the facts and circumstances of the particular case. Ordinarily, the employee shall notify the district within two (2) working days of learning of the need for leave, except in extraordinary circumstances where such notice is not feasible. Notice may be provided in person, by telephone, telegraph, fax, or other electronic means.

Medical Certification³

When the need for leave is for reasons 3 or 4 listed above or for the care of a covered service member, the employee should provide a medical certification from a licensed, practicing health care provider supporting the need for leave at the time the notice for leave is given, but must provide certification at least fifteen (15) days prior to the date the leave is to begin. The certification shall include the date on which the serious health condition began, the probable duration of the condition, and the appropriate medical facts within the knowledge

of the health care provider regarding the condition. Leave taken for reason 3 listed above, must include certification that the eligible employee is needed to care for the son, daughter, spouse, or parent and an estimate of the amount of time the employee is needed to provide the care. For reason 4 listed above, the certification must include a statement that the employee is unable to perform the required functions of his/her position.

If FMLA leave is to be taken on an intermittent of reduced work schedule basis for planned medical treatment, the certification shall include the dates on which such treatment is expected to be given and the duration of such treatment.

Second Opinion: In any case where the district has reason to doubt the validity of the certification provided, the district may require, at its expense, the employee to obtain the opinion of a second health care provider designated or approved by the employer. If the second opinion differs from the first, the district may require, at its expense, the employee to obtain a third opinion from a health care provider agreed upon by both the district and the employee. The opinion of the third health care provider shall be considered final and be binding upon both the district and the employee.

Recertification: The district may request the employee obtain a recertification, at the employee’s expense, no more often than every thirty (30) days unless one or more of the following circumstances apply;

The employee requests an extension of leave;

Circumstances described by the previous certification have changed significantly; and/or

The district receives information that casts doubt upon the continuing validity of the certification.

The employee must provide the recertification in no more than fifteen (15) calendar days after the district’s request.

No second or third opinion on recertification may be required.

Sick Leave and Family Medical Leave Act (FMLA) Leave

When an employee takes sick leave, the district shall determine if the leave qualifies for FMLA leave. The district may request additional information from the employee to help make the applicability⁴ determination. If the leave qualifies under the FMLA, the district will notify the employee, either orally or in writing⁵, of the decision within two workdays. If the leave is intermittent or on a reduced schedule as defined in this policy and the circumstances of the leave don’t change, the district is only required to notify the employee once of the determination regarding the applicability of sick leave and/or FMLA leave. To the extent the employee has accrued paid leave, any leave taken that qualifies for FMLA leave shall be paid leave and charged against the employee’s accrued leave.

Concurrent Leave

The district requires employees to substitute any applicable accrued leave for any part of the twelve (12) week period of FMLA leave. All FMLA leave is unpaid unless substituted by applicable accrued leave.

Workers Compensation: FMLA leave may run concurrently with a workers’ compensation absence when the injury is one that meets the criteria for a serious health condition. To the extent that workers compensation benefits and FMLA leave run concurrently, the employee will not be charged for any paid leave accrued by the employee. If the health care provider treating the employee for the workers compensation injury certifies the employee is able to return to a "light duty job," but is unable to return to the employee’s same or equivalent job, the employee may decline the district’s offer of a "light duty job." For the duration of the employee’s FMLA leave, the employee will be paid for the leave to the extent that the employee has accrued applicable leave.

Health Insurance Coverage

The district shall maintain coverage under any group health plan for the duration of FMLA leave the employee takes at the level and under the conditions coverage would have been provided if the employee had continued in active employment with the district. The employee remains responsible for any portion of premium payments customarily paid by the employee. When on unpaid FMLA leave, it is the employee’s responsibility to submit their portion of the cost of the group health plan coverage to the district’s business office on or before it would be made by payroll deduction.

If an employee gives unequivocal notice of intent not to return to work, or if the employment relationship would have terminated if the employee had not taken FMLA leave, the district’s obligation to maintain health benefits ceases.

If the employee fails to return from leave after the period of leave to which the employee was entitled has expired, the district may recover the premiums it paid to maintain health care coverage unless:

The employee fails to return to work due to the continuation, reoccurrence, or onset of a serious health condition that entitles the employee to leave under reasons 3 or 4 listed above; and/or

^{7 This language is included in this policy because
there may be a few noncertified employees which are included in the
requirements. For examples, see the definition of instructional employees in
this policy.

Return to Previous Position: An
employee returning from FMLA leave is entitled to be returned to the same
position the employee held when leave commenced, or to an equivalent position
with equivalent benefits, pay, and other terms and conditions of employment.
An equivalent position must involve the same or substantially

similar duties and
responsibilities, which must entail substantially equivalent skill, effort,
and authority. The employee may not be restored to a position requiring
additional licensure or certification.

Failure to Return to Work: In the
event that an employee is unable or fails to return to work, the
superintendent will make a determination at that time regarding the documented
need for a severance of the employee’s contract due to the inability of the
employee to fulfill the responsibilities and requirements of their contract.

Intermittent or Reduced Schedule
Leave

Eligible employees may only take
intermittent or reduced schedule leave for reasons 1 and 2 listed above if the
district agrees to permit such leave upon request of the employee.

Eligible employees may take
intermittent or reduced schedule leave due to reasons 3 and 4 listed above or
to care for a covered service member if they have

(A) made a reasonable effort
to schedule the treatment so as not to disrupt unduly the operations of
the employer, subject to the approval of the health care provider of the
employee or the health care provider of the son, daughter, spouse, or
parent of the employee, as appropriate; and
(B) provided the employer with
not less than 30 days' notice, before the date the leave is to begin, of
the employee's intention to take leave under such subparagraph, except
that if the date of the treatment requires leave to begin in less than 30
days, the employee shall provide such notice as is practicable.

Eligible employees requesting
intermittent or reduced schedule leave that is foreseeable based on planned
medical treatment may be transferred to an alternative position for which the
employee is qualified with equivalent pay and benefits that better
accommodates the employee’s intermittent or reduced schedule leave.

If an eligible employee who meets
the definition of an instructional employee requests intermittent or reduced
schedule leave that is foreseeable based on planned medical treatment and the
employee would be on leave for greater than 20 percent of the total number of
working days in the period during which the leave would extend, the district
may require the employee to elect either

to take medical leave for periods of a
particular duration, not to exceed the duration of the planned medical
treatment; or
to transfer temporarily to an available
alternative position offered by the employer for which the employee is
qualified and that has equivalent pay and benefits and better accommodates
recurring periods of leave than the regular employment position of the
employee.

Leave taken by eligible
instructional employees near the end of the academic term⁷

Leave more than 5 weeks prior
to end of term.

If the eligible, instructional
employee begins leave, due to reasons 1 through 5 listed above or to care
for a covered service member, more than 5 weeks prior to the end of the
academic term, the district may require the employee to continue taking
leave until the end of such term, if

(A) the leave is of at
least 3 weeks duration; and
(B) the return to
employment would occur during the 3-week period before the end of such
term.

Leave less than 5 weeks
prior to end of term

If the eligible, instructional
employee begins leave, due to reasons 1 through 3 listed above or to care
for a covered service member, during the period that commences 5
weeks prior to the end of the academic term, the district may require the
employee to continue taking leave until the end of such term, if

(A) the leave is of
greater than 2 weeks duration; and
(B) the return to
employment would occur during the 2-week period before the end of such
term.

Leave less than 3 weeks prior
to end of term

If the eligible, instructional
employee begins leave, due to reasons 1 through 3 listed above or to care
for a covered service member, during the period that commences 3
weeks prior to the end of the academic term and the duration of the leave
is greater than 5 working days, the agency or school may require the
employee to continue to take leave until the end of such term.

Notes: This policy is similar
to Policy 3.32. If you change this policy, review 3.32 at the same time to
ensure applicable consistency between the two.
^{1
Within the context of the FMLA, this is a complicated definition. In an
effort to help you be able to apply the definition to the realities of
your district, we have attached (as a separate page to the policy) the
federal rules which lay out the complexities.
^{2A
Department of Labor poster is available at http://www.dol.gov/esa/regs/compliance/posters/fmla.htm.
Additional forms (one for the employee to take to their health care
provider for verification of the reason for his/her leave request and a
second one for the district’s response to the request for leave) are
available at http://www.dol.gov/esa/whd/fmla/#poster.
^{3
It is difficult for the district to "back charge" FMLA leave. If
you have reason to ask for a medical certification, it is wise to notify
the employee that the leave will be charged against their yearly allotment
of FMLA leave when you request the certification. If it turns out that the
leave does not qualify, you will need to readjust the available FMLA leave
accordingly.
^{4
As used in this policy, "applicable" is a very important word.
Some leave taken under FMLA also applies to sick leave and therefore, the
employee will get paid for the leave to the extent the employee has sick
leave accrued. Other leave taken under FMLA is not applicable to sick
leave and therefore the FMLA leave is unpaid. For instance,
"applicable leave" in terms of time taken under FMLA due to the
birth of a child will vary depending on the language in your district’s
policy on sick leave. For instance, if sick leave may be taken
"for reason of personal illness or illness in the immediate
family" (based on the statutory definition in 6-17-1302, and an
employee gives birth to a child, she may take sick leave for the amount of
time that her personal physician deems it necessary for her to physically
recover from childbirth. Once the medically necessary time has
passed, sick leave is no longer appropriate and

cannot be used. While
under the FMLA, the employee could take additional time off work, she
would need to take unpaid FMLA leave for this purpose, unless she had
personal days or vacation days
available. However, if
your district has a much more liberal definition of sick leave in district
policy, the results could be entirely different. Another example would be
the potential for overlap between pregnancy complications that arise to
the level of a "serious health condition." For instance,
pregnancy
complications that rose to the
level of a "serious health condition" would qualify for both,
while missing work for a dentist’s appointment would qualify for sick
leave, but would not qualify for FMLA leave. Consult policy 8.5—
NONCERTIFIED EMPLOYEES SICK LEAVE when making the determination of
what sick leave qualifies under both policies. It may also be helpful to
consult 29 CFR 825.114 which is attached at the end of this policy.
^{5
If the notice is oral, it must be confirmed in writing no later than the
following payday (unless the payday is less than one week after the
notice, in which case the notice must be no later than the subsequent
payday). The written notice may be in any form, including a notation on
the employee’s pay stub.}}}}}

6
You may choose the time interval of the required duty to report, but it must
be reasonable.}
Cross Reference: 8.5— NONCERTIFIED EMPLOYEES SICK LEAVE

Legal References: 29 USC §§ 2601 et seq.

29 CFR 825.100 et seq.

Date Adopted:

Last Revised:

* All school districts are covered under the Family Medical Leave Act and are required to keep certain payroll and employee identification records and post pertinent notices regarding FMLA for its employees. Employees, however, are only eligible for FMLA benefits if the district has 50 or more employees within a 75-mile radius of the district’s offices. Your district may choose to offer FMLA benefits to your employees even though they are not technically eligible. If your district has less than 50 employees and chooses not to offer FMLA benefits, the following policy serves to inform your employees of why FMLA benefits do not apply to them and could help to avoid possible confusion resulting from the posting of FMLA notices.

8.23—NONCERTIFIED PERSONNEL FAMILY MEDICAL LEAVE

Employees are eligible for benefits under the Family Medical Leave Act when the district has fifty (50) or more employees. The district has less than fifty (50) employees and therefore employees are not eligible for FMLA benefits.

Legal References: 29 USC § 2601 et seq.

29 CFR 825.100 et seq.

Date Adopted:

Last Revised:

29 CFR 825.114 - What is a ``serious health condition'' entitling an employee to FMLA leave?

(a) For purposes of FMLA, ``serious health condition'' entitling an employee to FMLA leave means an illness, injury, impairment, or physical or mental condition that involves:

(1) Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity (for purposes of this section, defined to mean inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment therefor, or recovery therefrom), or any subsequent treatment in connection with such inpatient care; or

(2) Continuing treatment by a health care provider. A serious health condition involving continuing treatment by a health care provider includes any one or more of the following:

(i) A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment therefor, or recovery therefrom) of more than three consecutive calendar days, and any subsequent treatment or period of incapacity relating to the same condition, that also involves:

(A) Treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or on referral by, a health care provider; or

(B) Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.

(ii) Any period of incapacity due to pregnancy, or for prenatal care.

(iii) Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which:

(A) Requires periodic visits for treatment by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider;

(B) Continues over an extended period of time (including recurring episodes of a single underlying condition); and

(C) May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).

(iv) A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer's, a severe stroke, or the terminal stages of a disease.

(v) Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).

(b) Treatment for purposes of paragraph (a) of this section includes (but is not limited to) examinations to determine if a serious health condition exists and evaluations of the condition. Treatment does not include routine physical examinations, eye examinations, or dental examinations. Under paragraph (a)(2)(i)(B), a regimen of continuing treatment includes, for example, a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition (e.g., oxygen). A regimen of continuing treatment that includes the taking of over-the-counter medications such as aspirin, antihistamines, or salves; or bed-rest, drinking fluids, exercise, and other similar activities that can be initiated without a visit to a

health care provider, is not, by itself, sufficient to constitute a regimen of continuing treatment for purposes of FMLA leave.

(c) Conditions for which cosmetic treatments are administered (such as most treatments for acne or plastic surgery) are not ``serious health conditions'' unless inpatient hospital care is required or unless complications develop. Ordinarily, unless complications arise, the common cold, the flu, ear aches, upset stomach, minor ulcers, headaches other than migraine, routine dental or orthodontia problems, periodontal disease, etc., are examples of conditions that do not meet the definition of a serious health condition and do not qualify for FMLA leave. Restorative dental or plastic surgery after an injury or removal of cancerous growths are serious health conditions provided all the other conditions of this regulation are met. Mental illness resulting from stress or allergies may be serious health conditions, but only if all the conditions of this section are met.

(d) Substance abuse may be a serious health condition if the conditions of this section are met. However, FMLA leave may only be taken for treatment for substance abuse by a health care provider or by a provider of health care services on referral by a health care provider. On the other hand, absence because of the employee's use of the substance, rather than for treatment, does not qualify for FMLA leave.

(e) Absences attributable to incapacity under paragraphs (a)(2) (ii) or (iii) qualify for FMLA leave even though the employee or the immediate family member does not receive treatment from a health care provider during the absence, and even if the absence does not last more than three days. For example, an employee with asthma may be unable to report for work due to the onset of an asthma attack or because the employee's health care provider has advised the employee to stay home when the pollen count exceeds a certain level. An employee who is pregnant may be unable to report to work because of severe morning sickness.

8.24—SCHOOL BUS DRIVER’S USE OF CELL PHONES

Any driver of a motor vehicle which is privately owned and operated for compensation, or which is owned, leased or otherwise operated by, or for the benefit of the District, and is operated for the transportation of children to or from school or school sponsored activity shall not operate a cell phone unless the vehicle is safely off the road with the parking brake engaged.

Legal References: A.C.A. § 6 –19 -120

ADE Rules and Regulations Governing Mobile Phone Usage by School Bus Drivers

Date Adopted:07-20-09

Last Revised:

8.25— NONCERTIFIED PERSONNEL CELL PHONE USE

Use of cell phones or other electronic communication devices by employees during their designated work time is strictly forbidden unless specifically approved in advance by the superintendent, building principal, or their designees.¹

In any instance where the district issues a cell phone or school computer to a school employee for use for school business purposes, the employee shall not use the equipment for personal use.² Any employee who uses a school issued cell phones and/or computers for non-school purposes, except as permitted by the district’s Internet/computer use policy, shall be subject to discipline, up to and including termination.

All employees are forbidden from using school issued cell phones while driving any vehicle at any time. Violation may result in disciplinary action up to and including termination.³

Notes: This policy is similar to Policy 3.34. If you change this policy, review 3.34 at the same time to ensure applicable consistency between the two.
^{1
The goal is to eliminate the use of cell phones during designated work time.
You may change who has the authority to approve the use of cell phones if
you wish to.
^{2
This sentence has been added to address concerns by Legislative Audit
relating to the inappropriate use of school equipment by school employees.

^{3
This sentence is included because insurance companies have ruled that
injuries occurring while driving and talking on school issued cell phones
are subject to workers comp awards.}}}

Date Adopted:

Last Revised:

8.26—NONCERTIFIED PERSONNEL RESPONSIBILITIES GOVERNING BULLYING

School employees who have witnessed, or are reliably informed that, a student has been a victim of bullying as defined in this policy, including a single action which if allowed to continue would constitute bullying, shall report the incident(s) to the principal. The principal or his/her designee shall be responsible for investigating the incident(s) to determine if disciplinary action is warranted.

The person or persons reporting behavior they consider to be bullying shall not be subject to retaliation or reprisal in any form.

District staff are required to help enforce implementation of the district’s anti-bullying policy. The district’s definition of bullying is included below. Students who bully another person are to be held accountable for their actions whether they occur on school equipment or property; off school property at a school-sponsored or school-approved function, activity, or event; or going to or from school or a school activity. Students are encouraged to report behavior they consider to be bullying, including a single action which if allowed to continue would constitute bullying, to their teacher or the building principal. The report may be made anonymously.

Definitions:

Bullying means the intentional harassment, intimidation, humiliation, ridicule, defamation, or threat or incitement of violence by a student against another student or public school employee by a written, verbal, electronic, or physical act that causes or creates a clear and present danger of:

Physical harm to a public school employee or student or damage to the public school employee's or student's property;

Substantial interference with a student's education or with a public school employee's role in education;

A hostile educational environment for one (1) or more students or public school employees due to the severity, persistence, or pervasiveness of the act; or

Substantial disruption of the orderly operation of the school or educational environment;

Electronic act means without limitation a communication or image transmitted by means of an electronic device, including without limitation a telephone, wireless phone or other wireless communications device, computer, or pager that results in the substantial disruption of the orderly operation of the school or educational environment.

Electronic acts of bullying are prohibited whether or not the electronic act originated on school property or with school equipment, if the electronic act is directed specifically at students or school personnel and maliciously intended for the purpose of disrupting school, and has a high likelihood of succeeding in that purpose;

Harassment means a pattern of unwelcome verbal or physical conduct relating to another person's constitutionally or statutorily protected status that causes, or reasonably should be expected to cause, substantial interference with the other's performance in the school environment; and

Substantial disruption means without limitation that any one or more of the following occur as a result of the bullying:

Necessary cessation of instruction or educational activities;

Inability of students or educational staff to focus on learning or function as an educational unit because of a hostile environment;

Severe or repetitive disciplinary measures are needed in the classroom or during educational activities; or

Exhibition of other behaviors by students or educational staff that substantially interfere with the learning environment.

Examples of "Bullying" may include but are not limited to a pattern of behavior involving one or more of the following:

Sarcastic "compliments" about another student’s personal appearance,

Pointed questions intended to embarrass or humiliate,

Mocking, taunting or belittling,

Non-verbal threats and/or intimidation such as "fronting" or "chesting" a person,

Demeaning humor relating to a student’s race, gender, ethnicity or personal characteristics,

Blackmail, extortion, demands for protection money or other involuntary donations or loans,

Blocking access to school property or facilities,

Deliberate physical contact or injury to person or property,

Stealing or hiding books or belongings, and/or

Threats of harm to student(s), possessions, or others.

Notes: A school employee who has reported violations under the school district's policy shall be immune from any tort liability which may arise from the failure to remedy the reported incident.

This policy is similar to Policy 3.38. If you change this policy, review 3.38at the same time to ensure applicable consistency between the two.

Legal Reference: A.C.A. § 6-18-514

Date Adopted:

Last Revised:

8.27—NONCERTIFIED PERSONNEL LEAVE — INJURY FROM ASSAULT

Any staff member who, while in the course of their employment, is injured by an assault or other violent act; while intervening in a student fight; while restraining a student; or while protecting a student from harm, shall be granted a leave of absence for up to one (1) year from the date of the injury, with full pay.

A leave of absence granted under this policy shall not be charged to the staff member’s sick leave.

In order to obtain leave under this policy, the staff member must present documentation of the injury from a physician, with an estimate for time of recovery sufficient to enable the staff member to return to work, and written statements from witnesses (or other documentation as appropriate to a given incident) to prove that the incident occurred in the course of the staff member’s employment.

Note: This policy is similar to Policy 3.15. If you change this policy, review 3.15 at the same time to ensure applicable consistency between the two.

Legal Reference: A.C.A. § 6-17-1308

Date Adopted:

Last Revised:

8.28— DRUG FREE WORKPLACE - NONCERTIFIED PERSONNEL

The conduct of district staff plays a vital role in the social and behavioral development of our students. It is equally important that the staff have a safe, healthful, and professional environment in which to work. To help promote both interests, the district shall have a drug free workplace. It is, therefore, the district’s policy that district employees are prohibited from the unlawful manufacture, distribution, dispensation, possession, or use of controlled substances, illegal drugs, inhalants, alcohol, as well as inappropriate or illegal use of prescription drugs. Such actions are prohibited both while at work or in the performance of official duties while off district property; violations of this policy will subject the employee to discipline, up to and including termination.

To help promote a drug free workplace, the district shall establish a drug-free awareness program to inform employees about the dangers of drug abuse in the workplace, the district's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance abuse programs, and the penalties that may be imposed upon employees for drug abuse violations. (Insert substance abuse resources here.)¹

Should any employee be found to have been under the influence of, or in illegal possession of, any illegal drug or controlled substance, whether or not engaged in any school or school-related activity, and the behavior of the employee, if under the influence, is such that it is inappropriate for a school employee in the opinion of the superintendent, the employee may be subject to discipline, up to and including termination. This policy also applies to those employees who are under the influence of alcohol while on campus or at school-sponsored functions, including athletic events.

An employee living on campus or on school owned property is permitted to possess alcohol in his/her residence. The employee is bound by the restrictions stated in this policy while at work or performing his/her official duties.

Possession, use or distribution of drug paraphernalia by any employee, whether or not engaged in school or school-related activities, may subject the employee to discipline, up to and including termination. Possession in one’s vehicle or in an area subject to the employee’s control will be considered to be possession as though the substance were on the employee’s person.

It shall not be necessary for an employee to test at a level demonstrating intoxication by any substance in order to be subject to the terms of this policy. Any physical manifestation of being under the influence of a substance may subject an employee to the terms of this policy. Those physical manifestations include, but are not limited to: unsteadiness; slurred speech; dilated or constricted pupils; incoherent and/or irrational speech; or the presence of an odor associated with a prohibited substance on one’s breath or clothing.

Should an employee desire to provide the District with the results of a blood, breath or urine analysis, such results will be taken into account by the District only if the sample is provided within a time range that could provide meaningful results and only by a testing agency chosen or approved by the District. The District shall not request that the employee be tested, and the expense for such voluntary testing shall be borne by the employee.

Any employee who is charged with a violation of any state or federal law relating to the possession, use or distribution of illegal drugs, other controlled substances or alcohol, or of drug paraphernalia, must notify his immediate supervisor within five (5) week days (i.e., Monday through Friday, inclusive, excluding holidays) of being so charged. The supervisor who is notified of such a charge shall notify the Superintendent immediately.

If the supervisor is not available to the employee, the employee shall notify the Superintendent within the five (5) day period.

Any employee so charged is subject to discipline, up to and including termination. However, the failure of an employee to notify his supervisor or the Superintendent of having been so charged shall result in that employee being recommended for termination by the Superintendent.

Any employee convicted of any criminal drug statute violation for an offense that occurred while at work or in the performance of official duties while off district property shall report the conviction within 5 calendar days to the superintendent. Within 10 days of receiving such notification, whether from the employee or any other source, the district shall notify federal granting agencies from which it receives funds of the conviction. Compliance with these requirements and prohibitions is mandatory and is a condition of employment.

Any employee convicted of any state or federal law relating to the possession, use or distribution of illegal drugs, other controlled substances, or of drug paraphernalia, shall be recommended for termination.

Any employee who must take prescription medication at the direction of the employee’s physician, and who is impaired by the prescription medication such that he cannot properly perform his duties shall not report for duty. Any employee who reports for duty and is so impaired, as determined by his supervisor, will be sent home. The employee shall be given sick leave, if owed any. The District or employee will provide transportation for the employee, and the employee may not leave campus while operating any vehicle. It is the responsibility of the employee to contact his physician in order to adjust the medication, if possible, so that the employee may return to his job unimpaired. Should the employee attempt to return to work while impaired by prescription medications, for which the employee has a prescription, he will, again, be sent home and given sick leave, if owed any. Should the employee attempt to return to work while impaired by prescription medication a third time the employee may be subject to discipline, up to and including a recommendation of termination.

Any employee who possesses, uses, distributes or is under the influence of a prescription medication obtained by a means other than his own current prescription shall be treated as though he was in possession, possession with intent to deliver, or under the influence, etc. of an illegal substance. An illegal drug or other substance is one which is (a) not legally obtainable; or (b) one which is legally obtainable, but which has been obtained illegally. The District may require an employee to provide proof from his physician and/or pharmacist that the employee is lawfully able to receive such medication. Failure to provide such proof, to the satisfaction of the Superintendent, may result in discipline, up to and including a recommendation of termination.

Notes: ¹ This is where you should insert the drug counseling services, rehabilitation, and employee assistance abuse programs available within your district. For example, "Such services are available from the following sources…"

This policy addresses the requirement for Safe and Drug Free Schools which is required for your district to be eligible to receive any federal grants. It is required that all employees receive a copy of the policy and be advised of the contents and requirements of the policy. In addition to publishing a policy statement, the statutes require employers to establish a drug-free awareness program to educate

employees about the dangers of drug abuse as well as about the specifics of their policy. The statute does not specify a particular format for the awareness program, although it does state that the education effort must be ongoing and not just a one-time event. For assistance in constructing a drug awareness program the Department of Labor has the following web site: http://www.dol.gov/asp/programs/drugs/workingpartners/materials/materials.asp.

This policy is similar to Policy 3.31. If you change this policy, review 3.31 at the same time to ensure consistency between the two.

Legal References: 41 USC § 702, 703, and 706

Date Adopted:

Last Revised:

8.28F—DRUG FREE WORKPLACE POLICY ACKNOWLEDGEMENT

CERTIFICATION

I, hereby certify that I have been presented with a copy of the ________________District’s drug-free workplace policy, that I have read the statement, and that I will abide by its terms as a condition of my employment with District.

Signature _________________________________________________

Date __________________

8.29—NONCERTIFIED PERSONNEL VIDEO SURVEILLANCE

The board has a responsibility to maintain discipline, protect the safety, security, and welfare of its students, staff, and visitors while at the same time safeguarding district facilities, vehicles, and equipment. As part of fulfilling this responsibility, the board authorizes the use of video/audio surveillance cameras. The placement of video/audio surveillance cameras shall be based on the presumption and belief that students, staff and visitors have no reasonable expectation of privacy anywhere on or near school property, facilities, vehicles, or equipment, with the exception of places such as rest rooms or dressing areas where an expectation of privacy is reasonable and customary.

Signs shall be posted on district property and in or on district vehicles to notify students, staff, and visitors that video cameras may be in use. Violations of school personnel policies or laws caught by the cameras may result in disciplinary action.

The district shall retain copies of video recordings until they are erased which may be accomplished by either deletion or copying over with a new recording.

Videos containing evidence of a violation of district personnel policies and/or state or federal law shall be retained until the issue of the misconduct is no longer subject to review or appeal as determined by board policy or staff handbook; any release or viewing of such records shall be in accordance with current law.

Staff who vandalize, damage, defeat, disable, or render inoperable (temporarily or permanently) surveillance cameras and equipment shall be subject to appropriate disciplinary action and referral to appropriate law enforcement authorities.

Video recordings may become a part of a staff member’s personnel record.

Note: This policy is similar to policies 4.48 and 3.41. If you change this policy, review 4.48 and 3.41 at the same time to ensure applicable consistency between the policies.

Date Adopted:

Last Revised:

8.30—NONCERTIFIED PERSONNEL REDUCTION IN FORCE

SECTION ONE

The School Board acknowledges its authority to conduct a reduction in force (RIF) when a decrease in enrollment or other reason(s) make such a reduction necessary or desirable. A RIF will be conducted when the need for a reduction in the work force exceeds the normal rate of attrition for that portion of the staff that is in excess of the needs of the district as determined by the superintendent.

In effecting a reduction in force, the primary goals of the school district shall be: what is in the best interests of the students; to maintain accreditation in compliance with the Standards of Accreditation for Arkansas Public Schools and/or the North Central Association; and the needs of the district. A reduction in force will be implemented when the superintendent determines it is advisable to do so and shall be effected through non-renewal, termination, or both. Any reduction in force will be conducted by evaluating the needs and long- and short-term goals of the school district in relation to the staffing of the district.

If a reduction in force becomes necessary, the RIF shall be conducted separately for each occupational category of classified personnel identified within the district on the basis of each employee’s years of service. The employee within each occupational category with the least years of experience will be laid off first. The employee with the most years of employment in the district as compared to other employees in the same category shall be laid off last. In the event that employees within a given occupational category have the same length of service to the district the one with the earlier hire date, based on date of board action, will prevail.

All credited years of service must be verified by documents on file with the District by October 1 of the current school year. All non-certified employees shall receive a listing of the personnel within their category with corresponding point totals. Upon receipt of the list, each employee has ten (10) working days within which to appeal his or her assignment of points with the superintendent whose decision shall be final.

Total years of service to the district shall include non-continuous years of service; in other words, an employee who left the district and returned later will have the total years of service counted, from all periods of employment. Working fewer than 120 days in a school year shall not constitute a year. Length of service in a certified position shall not count for the purpose of length of service for a non-certified position. There is no right or implied right for any employee to "bump" or displace any other employee. This specifically does not allow a certified employee who might wish to assume a classified position to displace a classified employee.

Pursuant to any reduction in force brought about by consolidation or annexation and as a part of it, the salaries of all employees will be brought into compliance, by a partial RIF if necessary, with the receiving district’s salary schedule. Further adjustments will be made if length of contract or job assignments change.¹ A Partial RIF may also be conducted in conjunction with any job reassignment whether or not it is conducted in relation to an annexation or consolidation.

If an employee is non-renewed under this policy, he or she shall be offered an opportunity to fill a vacancy for which he or she is qualified for a period of up to two (2) years. The non-renewed employee shall be recalled for a period of two (2) years in reverse order of the layoff to any position for which he or she is qualified. Notice of vacancies to non-renewed employees shall be by certified mail and they shall have 10 working days from the

date that the notification is received in which to accept the offer of a position. A lack of response or a non-renewed employee’s refusal of a position shall end the district’s obligation to replace the laid-off employee.

SECTION TWO

Option A²

In the event the district is involved in an annexation or consolidation, employees from all the districts involved will be ranked according to years of service. A year of employment at an annexed or consolidated district will be counted the same as a year at the receiving or resulting district. No credit for years of service will be given at other public or private schools, or for higher education or Educational Service Cooperative employment.

Option B²

The employees of any school district which annexes to, or consolidates with, the __________ District will be subject to dismissal or retention at the discretion of the school board, on the recommendation of the superintendent, solely on the basis of need for such employees on the part of the ___________ District, if any, at the time of the annexation or consolidation, or within ninety (90) days after the effective date of the annexation or consolidation. The need for any employee of the annexed or consolidated school district shall be determined solely by the superintendent and school board of the ___________ District.

Such employees will not be considered as having any seniority within the ___________ District and may not claim an entitlement under a reduction in force to any position held by a ___________ District employee prior to, or at the time of, or prior to the expiration of ninety (90) days after the consolidation or annexation, if the notification provision below is undertaken by the superintendent.

The superintendent shall mail or have hand-delivered the notification to such employee of his intention to recommend non-renewal or termination pursuant to a reduction in force within ninety (90) days of the effective date of the annexation or consolidation in order to effect the provisions of this section of the ___________ District’s reduction-in-force policy. Any such employees who are non-renewed or terminated pursuant to Section Two are not subject to recall. Any such employees shall be paid at the rate for each person on the appropriate level on the salary schedule of the annexed or consolidated district during those ninety (90) days and/or through the completion of the reduction-in-force process.

This subsection of the reduction-in-force policy shall not be interpreted to provide that the superintendent must wait ninety (90) days from the effective date of the annexation or consolidation in order to issue notification of his intention to recommend dismissal through reduction-in-force, but merely that the superintendent has that period of time in which to issue notification so as to be able to invoke the provisions of this section.

The intention of this section is to ensure that those ___________ District employees who are employed prior to the annexation or consolidation shall not be displaced by employees of the annexed or consolidated district by application of the reduction-in-force policy.

ADE Eligibility Manual for School Meals Revised July 2008

7 CFR 210.1 – 210.31

7 CFR 220.1 – 220.22

42 USC 1758(b)(6)

Date Adopted:

Last Revised:

Notes: ¹ For example, if the district’s salary schedule provided for a range of salaries for maintenance employees ranging from $8.50 an hour to $12.50 an hour, and one maintenance employee is making $14.00 an hour, the superintendent, as part of the RIF, would send a letter of partial nonrenewal to the maintenance employee to bring the salary into compliance with the salary schedule.

^{2 Select
the option of your choice. If you choose Option B, the ninety (90) day time
period may be lengthened or shortened (within reason) to suit your
preference.}

Legal Reference: A.C.A. § 6-17-2407

Date Adopted:

Last Revised:

8.31—NONCERTIFIED PERSONNEL TERMINATION AND NON-RENEWAL

For procedures relating to the termination and non-renewal of noncertified employees, please refer to the Public School Employee Fair Hearing Act A.C.A. § 6-17-1701 through 1705. The Act specifically is not made a part of this policy by this reference.

A copy of the code is available in the office of the principal of each school building.

Legal reference: A.C.A. § 6-17-2301

Date Adopted:

Last Revised:

8.32—NONCERTIFIED PERSONNEL ASSIGNMENTS

The superintendent shall be responsible for assigning and reassigning noncertified personnel.

Date Adopted:

Last Revised:

8.33—NONCERTIFIED PERSONNEL SCHOOL CALENDAR

The superintendent shall present to the PPC a school calendar which the board has adopted as a proposal. The Superintendent, in developing the calendar, shall accept and consider recommendations from any staff member or group wishing to make calendar proposals. The PPC shall have the time prescribed by law and/or policy in which to make any suggested changes before the board may vote to adopt the calendar.

The ___________ School District shall operate by the following calendar. (Insert your school calendar here.)

Note: Be sure your calendar includes work days and holidays.

Legal Reference: A.C.A. § 6-17-2301

Date Adopted:

Last Revised:

8.34—NONCERTIFIED PERSONNEL WHO ARE MANDATORY REPORTERS Duty to Report Child Abuse, Maltreatment or Neglect

It is the statutory duty of noncertified school district employees who are mandatory reporters¹ and who have reasonable cause to suspect child abuse or maltreatment to directly and personally report these suspicions to the Arkansas Child Abuse Hotline, by calling 1-800-482-5964. Failure to report suspected child abuse, maltreatment or neglect by calling the Hotline can lead to criminal prosecution and individual civil liability of the person who has this duty. Notification of local or state law enforcement does not satisfy the duty to report; only notification by means of the Child Abuse Hotline discharges this duty.

The duty to report suspected child abuse or maltreatment is a direct and personal duty for statutory mandatory reporters, and cannot be assigned or delegated to another person. There is no duty to investigate, confirm or substantiate statements a student may have made which form the basis of the reasonable cause to believe that the student may have been abused or subjected to maltreatment by another person; however, a person with a duty to report may find it helpful to make a limited inquiry to assist in the formation of a belief that child abuse, maltreatment or neglect has occurred, or to rule out such a belief². Employees and volunteers who call the Child Abuse Hotline in good faith are immune from civil liability and criminal prosecution.

By law, no school district or school district employee may prohibit or restrict an employee or volunteer who is a mandatory reporter from directly reporting suspected child abuse or maltreatment, or require that any person notify or seek permission from any person before making a report to the Child Abuse Hotline.

Notes: ¹ For a listing of who qualifies as mandatory reporters refer to A.C.A. § 12-12-507(b).
^{2
This is a delicate matter and the district would be wise to avail itself of
professional development in this area available from DHS and other sources.

This policy is similar to Policy
3.40. If you change this policy, review 3.40 at the same time to ensure
applicable consistency between the two.

Legal References: A.C.A. §
12-12-504, 507, 517

Date Adopted:
Last Revised:

8.35—RELEASE
of STUDENT’S FREE and REDUCED PRICE MEAL ELIGIBLITY INFORMATION

As part of the district’s
participation in the National School Lunch Program and the School Breakfast
Program, the district collects eligibility data from its students. The data’s
confidentiality is very important and is governed by federal law. The district
has made the determination to release student eligibility status or information¹
as permitted by law. Federal law governs how eligibility data may be released
and to whom. The district will take the following steps to ensure its
confidentiality:

Some data may be released to
government agencies or programs authorized by law to receive such data without
parental consent, while other data may only be released after obtaining parental
consent. In both instances, allowable information shall only be released on a
need to know basis to individuals authorized to receive the data. The recipients
shall sign an agreement with the district specifying the names or titles of the
persons who may have access to the eligibility information. The agreement shall
further specify the specific purpose(s) for which the data will be used and how
the recipient(s) shall protect the data from further, unauthorized disclosures.

The superintendent shall designate
the staff member(s) responsible for making eligibility determinations. Release
of eligibility information to other district staff shall be limited to as few
individuals as possible who shall have a specific need to know such information
to perform their job responsibilities. Principals, counselors, teachers, and
administrators shall not have routine access to eligibility information or
status.

Each staff person with access to
individual eligibility information shall be notified of their personal liability
for its unauthorized disclosure and shall receive appropriate training on the
laws governing the restrictions of such information.²

Notes: The Children’s
Nutrition Unit of the ADE website (http://cnn.k12.ar.us)
has the referenced Commissioner’s Memos as well as helpful information to
develop your policy statement packet. Additionally, Commissioner’s Memos
FIN 09-041 has two attachments that will go a long way toward explaining the
restrictions on the release of eligibility information and status.

^{1
The district owns the data and has the right to choose whether or not to
release it to anyone. (Isn’t that interesting!) Therefore, the district
must make the decisions concerning its release. With the ownership comes the
responsibility to ensure proper security of the data.
^{2
The penalty for improper disclosure of eligibility information is a fine of
not more than $1000 and/or imprisonment of not more than one year.}}

Legal References: Commissioner’s
Memos IA-05-018, FIN 09-041, and IA 99-011}
8.36—NONCERTIFIED PERSONNEL WORKPLACE INJURIES and WORKERS’ COMPENSATION

The district provides Workers’ Compensation Insurance, as required by law. Employees who sustain any injury at work must immediately notify their immediate supervisor, or in the absence of their immediate supervisor notify ___________¹. An injured employee must fill out a Form N and the employee’s supervisor will determine whether to report the claim or to file the paperwork if the injury requires neither medical treatment or lost work time. While many injuries will require no medical treatment or time lost at work, should the need for treatment arise later, it is important that there be a record that the injury occurred. All employees have a duty to provide information and make statements as requested for the purposes of the claim assessment and investigation.

For injuries requiring medical attention, the district will exercise its right to designate the initial treating physician and an injured employee will be directed to seek medical attention, if necessary, from a specific physician or clinic.

Workers’ Compensation absences may be designated as FMLA absences when the criteria are met under FMLA for a serious health condition.

An employee who is absent from work due to a workplace injury or receiving temporary disability benefits due to a Workers’ Compensation claim will utilize any sick leave accumulation he or she may have at the rate of 1/3 of a sick leave day for day of absence to bring the total amount of combined income up to 100% of usual contracted pay, unless the employee gives the school district written notice to not use sick leave days in this manner. No employee may realize a net compensation gain from a combination of Workers’ Compensation benefits and sick leave in excess of contracted pay. Sick leave days used for workplace injuries will not be restored to the employee.

Note: ¹Insert the position of the person to be notified.

This policy is similar to policy 3.44. If you change this policy, review 3.44 at the same time to ensure applicable consistency between the two.

Cross Reference: 3.32—CERTIFIED PERSONNEL FAMILY MEDICAL LEAVE

Legal References: Ark. Workers Compensation Commission RULE 099.33 - MANAGED CARE

A.C.A. § 11-9-508(d)(5)(A)

A.C.A. § 11-9-514(a)(3)(A)(i)

Date Adopted:

Last Revised:

The following policies require the insertion of your District’s name into the policy:

1.1, 1.7, 1.9;

2.1;

3.4, 3.19, 3.26, 3.28; 3.28F, 3.29, 3.31F, 3.35;

4.4, 4.11, 4.13, 4.13F, 4.17, 4.24, 4.25, 4.27, 4.29, 4.29F; 4.39, 4.40, 4.41, 4.42;

5.1, 5.11, 5.12, 5.13, 5.17, 5.20, 5.20F1, 5.20.1, 5.23, 5.25;

6.10, 6.11, 6.12;

8.11, 8.13, 8.20, 8.22, 8.22F, 8.28F, 8.30, 8.33.

The following policies require special Board attention. They involve local control issues, statutes, or the State Accreditation Standards which allow or require the Board to make policy choices:

1.2, 1.11, 1.14, 1.15, 1.16, 1.17;

2.1;

3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.9, 3.10, 3.11, 3.14, 3.16, 3.34, 3.35, 3.44;

4.4, 4.5, 4.7, 4.8, 4.13F, 4.14, 4.18, 4.19, 4.22, 4.29F, 4.39, 4.45, 4.45.1, 4.48;

5.1, 5.2, 5.4, 5.5, 5.11, 5.12, 5.13, 5.16, 5.16.1, 5.17, 5.19, 5.19.1, 5.20, 5.20.1, 5.21, 5.22, 5.23, 5.24, 5.25, 5.29;

6.9, 6.11, 6.12;

7.5, 7.10, 7.12, 7.15;

8.1, 8.3, 8.4, 8.5, 8.6, 8.7, 8.10, 8.11, 8.25, 8.30, 8.36.

Policy Service Advisory and Update 7/09

Dear Policy Service Member:

This was a lighter year again for policy changes and additions, but even so 37 policies were amended, 9 new policies were added, and 2 were deleted. The changes and additions are listed below. Enclosed you will find a new CD-ROM which has all of the additions and changes incorporated into it that have been sent to you in the policy updates since you received the last CD ROM. The page numbers listed in each section’s Table of Contents are "active" which allows you to click on them and the document will open to the chosen page number. The page numbers in the master Table of Contents at the front of the manual are not active. This disc now becomes the Policy CD-ROM of record.

New Subscribers

I’d like to welcome all new Policy Service subscribers. This CD-ROM will remain the CD of record until there have been sufficient new and changed policies to warrant a new CD-ROM. As you undertake the adoption process it can be helpful to refer to policy 1.9 for the proper method of adoption.

District Attention Required

This page lists the policies requiring the insertion of your district’s name or requiring a choice to be made regarding the policy.

Overview of changes

The following is a listing of the policy changes incorporated into this new CD-ROM.

Policies that have been changed from the 7/08 CD-ROM are 1.7, 1.9, 3.1, 3.5, 3.6, 3.28, 3.31, 3.34, 4.1, 4.2, 4.3, 4.5, 4.7, 4.13, 4.18, 4.22, 4.29, 4.31, 4.41, 4.41F, 4.45, 4.47, 5.4, 5.6, 5.11, 5.12, 5.15, 5.16, 6.7, 6.11, 6.12, 6.11&6.12 Supporting Information, 7.14, 8.22, 8.25, 8.28, and 8.34.

New policies are 3.42, 3.43, 3.44, 4.50, 4.51, 7.16, 7.17, 8.35, and 8.36.

Deleted Policies are 4.45.1 and 5.16.1.

Please make this CD-ROM the new "master" and carefully file the previous CD-ROM to eliminate the possibility of confusing it with the present CD ROM.

Sincerely,

Ron Harder

ASBA Policy Service Director

table of contents

SECTION 1—BOARD GOVERNANCE and OPERATIONS

1.1—LEGAL STATUS OF THE BOARD OF DIRECTORS *
1.2—BOARD ORGANIZATION *

1.3—DUTIES OF THE PRESIDENT *

1.4—DUTIES OF THE VICE-PRESIDENT *

1.5—DUTIES OF THE SECRETARY *

1.6—BOARD MEMBER VOTING *

1.7—POWERS AND DUTIES OF THE BOARD *

1.8—GOVERNANCE BY POLICY *

1.9—POLICY FORMULATION *

1.10—ASSOCIATION MEMBERSHIPS *

1.11—BOARD MEMBER TRAINING *

1.12—COMMITTEES *

1.13—SUPERINTENDENT/ BOARD RELATIONSHIP *

1.14—MEETING AGENDA *

1.15—TORT IMMUNITY *

1.16 —DUTIES OF BOARD DISBURSING OFFICER *

1.17—NEPOTISM *

Board Governance and

operations

1.1—LEGAL STATUS OF THE BOARD OF DIRECTORS

By the authority of Article 14 of the Arkansas Constitution, the General Assembly has provided that locally elected school boards will be responsible for the lawful operation and maintenance of its local schools.

While the Board has a broad range of powers and duties, its individual members only have authority when exercising their responsibilities in a legally convened meeting acting as a whole. The sole exception is when an individual member has been delegated authority to represent the Board for a specific, defined purpose. In matters such as personnel discipline, expulsions, and student suspensions initiated by the superintendent, the Board serves as a finder of fact, not unlike a jury. For this reason, the board should not be involved in or, to the extent practicable, informed of the facts or allegations of such matters prior to a board hearing or those disciplinary matters in which the Board could become involved.

It is the policy of the ______________ School Board that its actions will be taken with due regard for its legal responsibilities and in the belief that its actions shall be in the best interests of its students and the District as a whole.

Legal Reference: A.C.A. § 6-13-620

Date Adopted:

Last Revised:

1.2—BOARD ORGANIZATION

The Board shall elect a president, vice president, and secretary at the first regular meeting following the annual September school election. In the case of a runoff election, the officers shall be elected at the first regular meeting following the runoff election. Officers shall serve one-year terms and perform those duties as prescribed by policy of the Board. The board shall also elect one of its members to be the primary board disbursing officer and may designate one or more additional board members as alternate board disbursing officers.¹

Note: ¹ You do not have to elect alternate disbursing officers. If you do choose to elect alternate disbursing officers change the first sentence in Policy 1.16 to reflect the allowance of signatures of alternate disbursing officers. If you choose to not have alternate disbursing officers delete that portion of the sentence in this policy. Among the considerations in choosing whether to have alternate disbursing officers is the question of how many possible signatories your district is comfortable having. At the same time, it needs to be considered whether you choose to have all signatures handwritten or if you will allow facsimile signatures. Facsimile signatures effectively negate the need for alternate disbursing officers.

Legal Reference: A.C.A. § 6-13-618

Date Adopted:

Last Revised:

1.3—DUTIES OF THE PRESIDENT

The duties of the president of the Board of Education shall include, but shall not be limited to:

Presiding at all meetings of the Board;

Calling special meetings of the Board;

Working with the Superintendent to develop Board meeting agendas;

Signing all official documents that require the signature of the chief officer of the Board of Education;

Appointing all committees of the Board and serving as ex-officio member of such committees; and

Performing such other duties as may be prescribed by law or action of the Board.

The president shall have the same right as other members to offer resolutions, make or second motions, discuss questions, and to vote.

Legal Reference: A.C.A. § 6-13-619 (a) (1)

Date Adopted:

Last Revised:

1.4—DUTIES OF THE VICE-PRESIDENT

The duties of the Vice President of the Board shall include:

Serving as presiding officer at all school board meetings from which the president is absent; and

Performing such other duties as may be prescribed by action of the Board.

Date Adopted:

Last Revised:

1.5—DUTIES OF THE SECRETARY

The duties of the Secretary of the Board shall include:

Being responsible to see that a full and accurate record of the proceedings of the Board are kept;

Serving as presiding officer in the absence of the President and the Vice President;

Being responsible for official correspondence of the Board;

Signing all official documents that require the signature of the Secretary of the Board of Education;

Calling special meetings of the Board; and

Performing such other duties as may be prescribed by the Board.

Legal Reference: A.C.A. § 6-13-619 (a) (1)

Date Adopted:

Last Revised:

1.6—BOARD MEMBER VOTING

All Board members, including the President, shall vote on each motion, following a second and discussion of that motion.

In order for a Board member to abstain from voting, he must declare a conflict and remove himself from the meeting room during the vote.

Failure of any Board member to vote, while physically present in the meeting room, shall be counted as a "no" vote, i.e., a vote against the motion.

Legal Reference: A.C.A. § 6-13-619 (c)(1)(B) & (C)

Date Adopted:

Last Revised:

1.7—POWERS AND DUTIES OF THE BOARD

The ______________ Board of Education, operating in accordance with state and federal laws, assumes its responsibilities for the operation of ___________ Public Schools. The Board shall concern itself primarily with the broad questions of policy as it exercises its legislative and judicial duties. The administrative functions of the District are delegated to the Superintendent who shall be responsible for the effective administration and supervision of the District.

Some of the duties of the Board include:

Developing and adopting policies to effect the vision, mission, and direction of the District;

Understanding and abiding by the proper role of the Board of Directors through study and by obtaining the necessary training professional development;

Electing and employing a Superintendent and giving him/her the support needed to be able to effectively implement the Board’s policies;

Conducting formal and informal evaluations of the Superintendent annually or no less often than prior to any contract extension;

Employing, upon recommendation of the administrative staff and by written contract, the staff necessary for the proper conduct of the schools;

Approving the selection of curriculum and seeing that all courses for study and educational content prescribed by the State Board or by law for all grades of schools are offered and taught;

Reviewing, adopting, and publishing the District’s budget for the ensuing year;

Being responsible for providing sufficient facilities, grounds, and property and ensuring they are managed and maintained for the benefit of the district;

Monitoring District finances and receiving, reviewing, and approving each annual financial audit;

Understanding and overseeing District finances to ensure alignment with the District’s academic and facility needs and goals;

Visiting schools and classrooms when students are present no less than annually;

Setting an annual salary schedule;

Being fiscally responsible to the District’s patrons and maintaining the millage rate necessary to support the District’s budget;

Involving the members of the community in the District’s decisions to the fullest extent practicable; and

Striving to assure that all students are challenged and are given an equitable educational opportunity.

Legal References: A.C.A. § 6-13-620, 622

Date Adopted:

Last Revised:

1.8—GOVERNANCE BY POLICY

The district shall operate within the legal frameworks of the State and Federal Constitutions, and appropriate statutes, regulations, and court decisions. The legal frameworks governing the district shall be augmented by policies adopted by the board of directors which shall serve to further define the operations of the district.

When necessitated by unforeseen circumstances, the Superintendent shall have the power to decide and take appropriate action for an area not covered by the legal frameworks or a policy of the Board. The Superintendent shall inform the members of the Board of such action. The Board shall then consider whether it is necessary to formulate and adopt a policy to cover such circumstances.

The official copy of the policy manual for the District shall be kept in the Superintendent’s office. Copies of the manual within the District shall be kept current, but if a discrepancy occurs between manuals, the Superintendent’s version shall be regarded as authoritative.

Administrative regulations shall be formulated to implement the intentions of the policies of the Board. Regulations may be highly specific. The Board shall review administrative regulations prior to their implementation.

Date Adopted:

Last Revised:

1.9—POLICY FORMULATION

The Board affirms through its policies and its policy adoption process, its belief that: (1) the schools belong to the people who create them by consent and support them by taxation; (2) the schools are only as strong as an informed citizenry and knowledgeable school staff allow them to be; (3) the support is based on knowledge of, understanding about, and participation in the efforts of its public schools. The following shall be the guidelines for policy adoption for the ______________ School District.

General Policies

Policies which are not personnel policies may be recommended by the Board or any member of the Board; by the Superintendent, Assistant Superintendent, any other administrator or employee of the District; committee appointed by the Board; or by any member of the public. Policies adopted by the Board shall be within the legal framework of the State and Federal Constitutions, and appropriate statutes, rules, and court decisions.

When reviewing a proposed policy (non-personnel), the Board may elect to adopt, amend, refer back to the person proposing the policy for further consideration, take it under advisement, reject it, or refuse to consider such proposal.

Certified and Noncertified Personnel Policies

Personnel policies (including employee salary schedules) shall be created, amended, or deleted in accordance with State law:

(1) Board Proposals:

The Board may propose a personnel policy by a majority vote. Such policies may be presented to the Board by a Board member or the Superintendent. The Board may choose to adopt the proposal, as a proposal only, by majority vote.

Following the adoption of a proposed personnel policy, the proposal must be presented to the appropriate Personnel Policy Committee. Such presentation should be done in writing, to all members of the Committee.

When the Personnel Policies Committee has been presented the proposal for a minimum of ten (10) working days (i.e., ten weekdays, not including weekends or state or national holidays), the Board may vote to adopt the proposal as a policy.

(2) Personnel Policies Committee Proposals:

Either Personnel Policies Committee may recommend changes in personnel policies to the Board. When making such a proposal the Chairman of the Personnel Policies Committee, or the Chairman’s designee, may make an oral presentation to the Board.

The Board may vote on the proposal at the same meeting at which the proposal is made, or, in any case, no later than the next regular Board meeting. In voting on a proposal from the Personnel Policies Committee, the Board may:

(a) Adopt the proposal;

(b) Reject the proposal; or

(c) Refer the proposal back to the Personnel Policies Committee for further study and revision.

Effective date of policy changes:

All personnel policy changes enacted during one fiscal year will become effective on the first day of the following fiscal year, July 1. This specifically includes any changes made between May 1 and June 30 to ensure compliance with state or federal laws, rules, or regulations or the Arkansas Department of Education Commissioner’s Memos.

Changes made to personnel policies between May 1 and June 30 that are not made to ensure compliance with state or federal laws or regulations will take effect on July 1 of the same calendar year provided no later than five (5) working days after final board action, a notice of the change is sent to each affected employee by first class mail to the address on record in the personnel file.¹ The notice of the change must include:

The new or modified policy or policies provided in a form that clearly shows the additions underlined and the deletions stricken;

A statement that due to the change(s), the employee has the power to unilaterally rescind his/her contract for a period of thirty (30) days after the school board took final action on the policy (policies). The rescission must be in the form of a letter of resignation within the thirty (30) day period.

For a policy change to be made effective prior to July 1 of the following fiscal year, a vote must be taken of all certified personnel or all noncertified personnel, as appropriate, with the vote conducted by the appropriate Personnel Policies Committee. If, by a majority vote, the affected personnel approve, the policy becomes effective as of the date of the vote, unless otherwise specified by the Board in requesting such vote. No staff vote taken prior to final board action will be considered effective to make a policy change.

All other policy changes may become effective upon the Board’s approval of the change, unless the Board specifies a different date.

Notes: ¹Districts should plan carefully to avoid accidentally triggering the late-adopted personnel policy right of recession. School employees who take the opportunity to escape their contractual obligations and leave the school district would be very disruptive to staffing plans for the next school year. Salary schedules for the upcoming school year, in particular, should either need to be adopted prior to May 1, or after July 1 (and requiring a vote of the applicable staff to be effective) thus avoiding the right of rescission.

Legal References: A.C.A. § 6-17-204, 205

Date Adopted:

Last Revised:

1.10—ASSOCIATION MEMBERSHIPS

The Board shall be a member of the Arkansas School Boards Association and may be a member of the National School Boards Association and other organizations which, in the opinion of the Board, will be beneficial to the Board in carrying out its duties more effectively.

Legal Reference: A.C.A. § 6-13-107

Date Adopted:

Last Revised:

1.11—BOARD MEMBER TRAINING

Board members who have served on the board for twelve (12) or more consecutive months are required to obtain a minimum of six (6) hours of training by December 31 of each calendar year. Effective with the 2006 school election, board members who are elected to serve an initial or non –continuous term shall obtain a minimum of nine (9) hours of training by December 31 of the year following their election and six (6) hours of training by December 31 of each calendar year thereafter. Hours obtained in excess of the required minimums may be carried forward through December 31 of the third calendar year following the year in which the hours were earned. No hours attained prior to January 1, 2006, may be counted as meeting the statutory training requirement, nor may they be carried forward.

The training shall be focused on topics relevant to school laws, school operations, and the powers, duties, and responsibilities of the members of the board of directors. The responsibilities include, but are not limited to legal requirements, financial management, improving student achievement, and the duties and responsibilities of the various levels of employees within the district as well as those of the board of directors.

The district is responsible for maintaining a record of the hours of training received by each board member. Board members shall make a concerted effort to submit documentation of training they have received to the superintendent or his/her designee. In the absence of such documentation, the district shall attempt to obtain records of training received from training providers.

Such training may be obtained from an institution of higher learning, from instruction provided by the Arkansas Department of Education or the Arkansas School Boards Association, or from other providers approved by the Arkansas Department of Education.

A statement regarding the number of hours of training received each preceding calendar year shall be:

Part of the district’s comprehensive school plan and goals;

Published in the same way as other components of the comprehensive plan and goals are required to be published;

Part of the annual school performance report required to be submitted to, and published by the Arkansas Department of Education.

Board members shall be reimbursed, from school funds, for expenses relating to such training and Board members shall be paid a per diem stipend for days necessary to attend such training with the amount of such stipend to be determined by the Board in July of each year.¹

Note: ¹This paragraph is optional.

Legal References: A.C.A. § 6-13-629

ADE Rule Governing Required Training for School Board Members

Date Adopted:

Last Revised:

1.12—COMMITTEES

From time to time, in order to obtain and/or encourage public participation in the operation of the District, the Board may appoint committees, which may include members of the public, students, parents, and school employees, as well as members of the Board.

Any committee, which includes among its members a member of the School Board, shall operate according to the requirements of the Arkansas Freedom of Information Act.*

* Legal Reference: A.C.A. § 25-19-106

Date Adopted:

Last Revised:

1.13—SUPERINTENDENT/ BOARD RELATIONSHIP

The Board’s primary responsibility is to develop, working collaboratively with the community, a vision and mission for the District. The Board formulates and adopts policies to achieve that vision and elects a Superintendent to implement its policies. The Board and the Superintendent and the relationship between them set the tone for the district to follow. The relationship is enhanced when both parties understand their roles and carry them out in an ethical and professional manner working to develop a relationship of mutual trust and respect.

The Superintendent and staff are responsible for administering the Board’s policies and will be held responsible for the effective administration and supervision of the District. The Superintendent is authorized to develop and implement administrative regulations to fulfill the Board’s policies, provided such regulations are consistent with the intent of the Board’s policies.

Date Adopted:

Last Revised:

1.14—MEETING AGENDA

The agenda guides the proceedings of the Board meeting. The Superintendent shall prepare the agenda with consultation from the Board President. Items may be placed on the agenda upon request by any Board member or by members of the community. Community members must submit their agenda item requests, in writing to the Superintendent¹, at least ____ ² days prior to the meeting of the Board. The written request must be sufficiently descriptive to enable the Superintendent and Board President to fully understand and evaluate its appropriateness to be an agenda item. Such requests may be accepted, rejected, or referred back to the individual for further clarification.

The Superintendent shall be responsible for Board members receiving copies of the Agenda with all accompanying pertinent information at least ____ ² days prior to the meeting.

Notes: ¹You may choose to add additional individuals (such as the President of the Board) to whom requested agenda items may be given to.
^{2
Select the number of days that the Board and Superintendent agree to be
necessary and doable.}

Date Adopted:

Last Revised:

1.15—TORT IMMUNITY

The District, as well as its agents, officers, employees, and volunteers are immune from liability for negligence, pursuant to A.C.A. § 21-9-301. When allegations of negligence are raised, whether in litigation or not, the statutory grant of immunity will be asserted.

[The School Board retains the right to settle claims for negligence, as authorized by A.C.A. § 21-9-301, but it shall do so only in the most extraordinary circumstances. If any claim is settled, the District and the School Board specifically do not waive immunity above the amount of the settlement, nor is that immunity waived for any other claim, at any time, regardless of whether it is similar in nature.]*

*The portion in brackets is optional.

Date Adopted:

Last Revised:

1.16 —DUTIES OF BOARD DISBURSING OFFICER

The disbursing officer¹, along with the superintendent, shall be responsible for signing, manually or by facsimile, all warrants and checks other than those issued for food service and activity funds.²

Note: ¹ If you chose in Policy 1.2 to elect alternate disbursing officers insert "or alternate disbursing officers" here.
^{2
6-13-701(e) delineates what constitutes "activity funds."}

Legal Reference: A.C.A. § 6-13-618(c)

Date Adopted:

Last Revised:

1.17—NEPOTISM

DEFINITIONS:

Family or family member means:

An individual’s spouse;

Children of the individual or children of the individual’s spouse;

The spouse of a child of the individual or the spouse of a child of the individual’s spouse;

Parents of the individual or parents of the individual’s spouse;

Brothers and sisters of the individual or brothers and sisters of the individual’s spouse;

Anyone living or residing in the same residence or household with the individual or in the same residence or household with the individual’s spouse; or

Anyone acting or serving as an agent of the individual or acting or serving as an agent of the individual’s spouse.

Initially employed means:

Employed in either an interim or permanent position for the first time or following a severance in employment with the school district;

A change in the terms and conditions of an existing contract, excluding;

Renewal of a teacher contract under A.C.A. § 6-17-1506;

Renewal of a noncertified employee’s contract that is required by law; or

Movement of an employee on the salary schedule which does not require board action.

NEW HIRE OF SCHOOL BOARD MEMBER’S RELATIVE AS SCHOOL EMPLOYEE

The district shall not initially employ a present board member’s family member for compensation in excess of $5,000 unless the district has received approval from the Commissioner of the Department of Education. The employment of a present board member’s family member shall only be made in unusual and limited circumstances. The authority to make the determination of what qualifies as "unusual and limited circumstances" rests with the Commissioner of the Department of Education whose approval is required before the employment contract is effective, valid, or enforceable.

Initial employment for a sum of less than $5,000 per employment contract or, in the absence of an employment contract, calendar year does not come under the purview of this policy and is permitted.

The board member whose family member is proposed for an employment contract, regardless of the dollar amount of the contract, shall leave the meeting until the voting on the issue is concluded and the absent member shall not be counted as having voted.

EXCEPTION: SUBSTITUTES

Qualified family members of board members may be employed by the district as substitute teachers, substitute cafeteria workers, or substitute bus drivers for a period of time not to exceed thirty (30) days per fiscal year.¹

A family member of a school board member having worked as a substitute for the district in the past does not "grandfather" the substitute. The 30 day maximum limit is applied in all cases.

EXISTING EMPLOYEES WHO ARE FAMILY MEMBERS OF SCHOOL BOARD MEMBERS—RAISES, PROMOTIONS OR CHANGES IN COMPENSATION

Any change in the terms or conditions of an employment contract including length of contract, a promotion, or a change in the employment status of a present board member’s family member that would result in an increase in compensation of more than $2,500, and that is not part of a state mandated salary increase for the employee in question, must be approved by the Commissioner of the Department of Education before such changes in the employment status is effective, valid, or enforceable.

QUALIFICATIONS FOR RUNNING FOR SCHOOL BOARD MEMBER UNCHANGED

The employment status of a citizen’s family member does not affect that citizen’s ability to run for, and, if elected, serve the school board provided he/she meets all other statutory eligibility requirements.

Note: ¹ This paragraph is necessary if the district is to be eligible to hire any board member’s family members as substitute employees. The board may choose to not allow such hiring. If they so choose, substitute the following sentence for the existing one. "Family members of board members shall not be employed by the district as substitute teachers, substitute cafeteria workers, or substitute bus drivers."

Legal References: A.C.A. § 6-24-102, 105

Date Adopted:

Last Revised:

TABLE OF CONTENTS

SECTION 2—ADMINISTRATION

2.1—DUTIES OF THE SUPERINTENDENT *
2.2—SUPERINTENDENT COMPENSATION *

ADMINISTRATION

2.1—DUTIES OF THE SUPERINTENDENT

The Superintendent, as the chief executive officer of the Board and the school system, shall be the administrative head of all departments in the District. The Superintendent shall be responsible to the ______________ Board of Education for administering the school system according to the mandates of the laws, Arkansas Department of Education, other agencies of jurisdiction, and policies governing school operations. While the Superintendent may delegate his duties when and where necessary and appropriate, he/she shall be responsible to the Board for the results of those duties delegated.

The Superintendent shall be the Ex officio financial secretary as provided for in A.C.A. § 6-17-918(a).

Some of the Superintendent’s duties include:*

Implementing the policies of the Board;

Being responsible for the planning and implementation of an educational program in accordance with State and Federal requirements and the needs of the District;

Reporting to the Board concerning the status of the educational program, personnel, and operations, and making recommendations for improving instruction, activities, services, and facilities;

Acting as a liaison between the Board and school personnel;

Making recommendations to the Board concerning personnel employment, discipline, and termination;

Communicating the District’s vision and mission to staff, students, parents, and the community;

Being responsible for the development of short- and long-term goals for the District;

Preparing and presenting an annual budget for the District to the Board for its consideration;

Administering the District’s budget and regularly reporting to the Board on the financial condition of the District;

Attending and participating in all meetings of the Board except when his employment is being considered;

Preparing, in consultation with the Board President, the agenda for all Board meetings;

Being responsible for the planning and implementation of an effective personnel evaluation system that is aligned with the goals of the District; and

Maintaining a current knowledge of developments in curriculum and instruction, as well as pertinent legal changes, and advising the professional staff and Board of such information.

* These duties and responsibilities may be amended by your district as needed.

Date Adopted:

Last Revised:

2.2—SUPERINTENDENT COMPENSATION

The salary and employment benefits of the Superintendent shall be determined by the Board. This includes such benefits as insurance, transportation allowances, annual vacations, holidays, and any other entitlements as deemed appropriate.

Date Adopted:

Last Revised:

TABLE OF CONTENTS

SECTION 3—CERTIFIED PERSONNEL

3.1—CERTIFIED PERSONNEL SALARY SCHEDULE *
3.2—CERTIFIED PERSONNEL EVALUATIONS *

3.3—EVALUATION OF CERTIFIED PERSONNEL BY RELATIVES *

3.4—CERTIFIED PERSONNEL REDUCTION IN FORCE *

3.5—CERTIFIED PERSONNEL CONTRACT — RETURN *

3.6—CERTIFIED PERSONNEL EMPLOYEE TRAINING *

3.7—CERTIFIED PERSONNEL DRUG TESTING *

3.8—CERTIFIED PERSONNEL SICK LEAVE *

3.9—CERTIFIED PERSONNEL SICK LEAVE BANK *

3.10—CERTIFIED PERSONNEL PLANNING TIME *

3.11—CERTIFIED PERSONNEL PERSONAL AND PROFESSIONAL LEAVE *

3.12—CERTIFIED PERSONNEL RESPONSIBILITIES IN DEALING WITH SEX OFFENDERS ON CAMPUS *

3.13—CERTIFIED PERSONNEL PUBLIC OFFICE *

3.14—CERTIFIED PERSONNEL JURY DUTY *

3.15—CERTIFIED PERSONNEL LEAVE — INJURY FROM ASSAULT *

3.16—CERTIFIED PERSONNEL REIMBURSEMENT FOR PURCHASE OF SUPPLIES *

3.17—INSULT OR ABUSE OF CERTIFIED PERSONNEL *

3.18—CERTIFIED PERSONNEL OUTSIDE EMPLOYMENT *

3.19—CERTIFIED PERSONNEL EMPLOYMENT *

3.20—CERTIFIED PERSONNEL REIMBURSEMENT OF TRAVEL EXPENSES *

3.21—CERTIFIED PERSONNEL TOBACCO USE *

3.22—DRESS OF CERTIFIED EMPLOYEES *

3.23—CERTIFIED PERSONNEL POLITICAL ACTIVITY *

3.24—CERTIFIED PERSONNEL DEBTS *

3.25—CERTIFIED PERSONNEL GRIEVANCES *

3.25F—CERTIFIED PERSONNEL LEVEL TWO GRIEVANCE FORM *

3.26—CERTIFIED PERSONNEL SEXUAL HARASSMENT *

3.27—CERTIFIED PERSONNEL SUPERVISION OF STUDENTS *

3.28—CERTIFIED PERSONNEL COMPUTER USE POLICY *

3.28F—CERTIFIED PERSONNEL EMPLOYEE INTERNET USE AGREEMENT *

3.29—CERTIFIED PERSONNEL SCHOOL CALENDAR *

3.30—PARENT-TEACHER COMMUNICATION *

3.31—DRUG FREE WORKPLACE - CERTIFIED PERSONNEL *

3.31F—DRUG FREE WORKPLACE POLICY ACKNOWLEDGEMENT *

3.32—CERTIFIED PERSONNEL FAMILY MEDICAL LEAVE *

3.33—ASSIGNMENT OF EXTRA DUTIES FOR CERTIFIED PERSONNEL *

3.34—CERTIFIED PERSONNEL CELL PHONE USE *

3.35—CERTIFIED PERSONNEL BENEFITS *

3.36—CERTIFIED PERSONNEL DISMISSAL AND NON-RENEWAL *

3.37—ASSIGNMENT OF TEACHER AIDES *

3.38—CERTIFIED PERSONNEL RESPONSIBILITIES GOVERNING BULLYING *

3.39— CERTIFIED PERSONNEL RECORDS AND REPORTS *

3.40—CERTIFIED PERSONNEL Duty to Report Child Abuse, Maltreatment or Neglect *

3.41—CERTIFIED PERSONNEL VIDEO SURVEILLANCE *

3.42—RELEASE of STUDENT’S FREE and REDUCED PRICE MEAL ELIGIBLITY INFORMATION *

3.43—DUTY OF LICENSED EMPLOYEES TO MAINTAIN LICENSE IN GOOD STANDING *

3.44—CERTIFIED PERSONNEL WORKPLACE INJURIES and WORKERS’ COMPENSATION *

CERTIFIED PERSONNEL

3.1—CERTIFIED PERSONNEL SALARY SCHEDULE

Enter your District’s salary schedule for this policy. State law requires each District to include its teacher salary schedule in its written personnel policies unless the District recognizes a teachers’ union in its policies for, among other things, the negotiation of salaries. For the purposes of the salary schedule, a teacher will have worked a "year" if he/she works at least 120 days.¹

Alternative Licensure Program, no prior teaching license

Each employee newly hired by the district to teach under the alternative licensure program (ALP) shall initially be placed on the salary schedule in the category of a bachelor’s degree with no experience, unless the ALP employee has previous teaching experience which requires a different placement on the schedule. Upon receiving his/her teaching license, the employee shall be moved to the position on the salary schedule that corresponds to the level of education degree earned by the employee. Employee’s degrees which are not relevant to the ALP’s position shall not apply when determining his/her placement on the salary schedule. An alternative licensed teacher shall be eligible for step increases with each successive year of employment, just as would a teacher possessing a traditional teaching license.

Licensed employee, seeking additional area or areas of licensure

Licensed employees who are working on an ALP to gain licensure in an additional area are entitled to placement on the salary schedule commensurate with their current license, level of education degree and years of experience. Degrees which are not relevant to the employee’s position shall not apply when determining his/her placement on the salary schedule.

Notes: A.C.A. § 6-11-129 requires employee contract information to be available on the district’s website and also identifies the contract items that must be redacted.

^{1
Select the number of days your district chooses to use to qualify teachers
to be eligible for a step increase. 120 days is merely a suggestion.}

Legal References: A.C.A. § 6-17-201, 202, 2403

A.C.A. § 6-20-2305(f)(4)

Date Adopted:

Last Revised:

3.2—CERTIFIED PERSONNEL EVALUATIONS

Evaluations of certified personnel shall be undertaken at least annually.

Evaluations shall be based on a combination of scheduled and informal observations. Additional and more frequent informal observations will be done should it be determined by the administration that the observations would be helpful in addressing performance problems.*

*Note: You may change this paragraph to fit the evaluation methods of your district.

Legal Reference: A.C.A. § 6-17-1504

Date Adopted:

Last Revised:

3.3—EVALUATION OF CERTIFIED PERSONNEL BY RELATIVES

No person shall be employed in, or assigned to, a position which would require that he be evaluated by any relative, by blood or marriage, including spouse, parent, child, grandparent, grandchild, sibling, aunt, uncle, niece, nephew, or first cousin.

Date Adopted:

Last Revised:

3.4—CERTIFIED PERSONNEL REDUCTION IN FORCE

SECTION ONE

The School Board acknowledges its authority to conduct a reduction in force (RIF) when a decrease in enrollment or other reason(s) make such a reduction necessary or desirable. A RIF will be conducted when the need for a reduction in the work force exceeds the normal rate of attrition for that portion of the staff that is in excess of the needs of the district as determined by the superintendent.

In effecting a reduction in force, the primary goals of the school district shall be: what is in the best interests of the students; to maintain accreditation in compliance with the Standards of Accreditation for Arkansas Public Schools and/or the North Central Association; and the needs of the district. A reduction in force will be implemented when the superintendent determines it is advisable to do so and shall be effected through non-renewal, termination, or both. Any reduction in force will be conducted by evaluating the needs and long- and short-term goals of the school district, and by examining the staffing of the district in each licensure area and/or, if applicable, specific grade levels.

Option 1¹

If a reduction in force becomes necessary in a licensure area and/or specific grade level(s), the teacher’s length of service in the district shall be the initial determining factor. The teacher with the most years of employment as a licensed teacher in the district as compared to other teachers in the same licensure area and/or specific grade level(s) shall prevail. Length of service in a non-certified position shall not count for the purpose of length of service for a licensed position. Total years of service to the district shall include non-continuous years of service. Working fewer than 120 days in a school year shall not constitute a year.

In the event that two employees subject to a RIF have the same length of service, the employee with the highest number of points as determined by the schedule contained in this policy shall be retained. The teacher with the fewest points will be laid off first. In the event two or more employees have the same number of points, the teacher(s) shall be retained whose name(s) appear first in the board’s minutes of the date of hire. There is no right or implied right for any teacher to "bump" or displace any other teacher.

Option 2¹

If a reduction in force becomes necessary in a licensure area or specific grade level(s), the RIF shall be conducted for each licensure area and/or specific grade level on the basis of each employee’s points as determined by the schedule contained in this policy. The teacher with the fewest points will be laid off first. In the event of a tie between two or more employees, the teacher(s) shall be retained whose name(s) appear first in the board’s minutes of the date of hire. There is no right or implied right for any teacher to "bump" or displace any other teacher.

Points²

Years of service in the district—1 point per year

All certified position years in the district count including non-continuous years.

Service in any position not requiring teacher licensure does not count toward years of service. Working fewer than 120 days in a school year shall not constitute a year.

Graduate degree in any area of licensure in which the teacher will be ranked (only the highest level of points apply)

1 point—Master’s degree

2 points—Master’s degree plus thirty additional hours

3 points—Educational specialist degree

4 points—Doctoral degree

National Board of Professional Teaching Standards certification—3 points

Additional academic content areas of endorsement as identified by the state board—1 point per area

Certification for teaching in a state board identified shortage area—2 points

Multiple areas and/or grade levels of licensure as identified by the state board—1 point per additional area or grade level as applicable

All points awarded must be verified by documents on file with the District by October 1 of the current school year. Each teacher’s points shall be totaled with teachers ranked by the total points from highest to lowest. All teachers shall receive a listing of licensed personnel with corresponding point totals. Upon receipt of the list, each teacher has ten (10) working days within which to appeal his or her assignment of points with the superintendent whose decision shall be final.

A teacher with full licensure in a position shall prevail over a teacher with greater points but who is lacking full licensure in that subject area. "Full licensure" means a permanent, non-contingent license to teach in a subject area or grade level, in contrast with a license that is provisional, temporary, or conditional on the fulfillment of additional course work or passing exams or any other requirement of the Arkansas Department of Education, other than the attainment of professional development training.

Pursuant to any reduction in force brought about by consolidation or annexation and as a part of it, the salaries of all teachers will be brought into compliance, by a partial RIF if necessary, with the receiving district’s salary schedule. Further adjustments will be made if length of contract or job assignments change.³ A Partial RIF may also be conducted in conjunction with any job reassignment whether or not it is conducted in relation to an annexation or consolidation.

If a teacher is non-renewed under this policy, he or she shall be offered an opportunity to fill a vacancy for which he or she is qualified for a period of up to two (2) years. The non-renewed teacher shall be recalled for a period of two (2) years in reverse order of the layoff to any position for which he or she is qualified. Notice of vacancies shall be by certified mail and the non-renewed teachers shall have 10 working days from the date that the notification is received in which to accept the offer of a position. A lack of response or a teacher's refusal of a position shall end the district’s obligation to replace the laid-off teacher.

SECTION TWO

Option A⁴

In the event the district is involved in an annexation or consolidation, teachers from all the districts involved will be ranked according to years of service, licensure, degrees, and training. A year of teaching at an annexed or consolidated district will be counted the same as a year at the receiving or resulting district. No credit for years of service will be given at other public or private schools, or for higher education or Educational Service Cooperative employment.

Option B⁴

The employees of any school district which annexes to, or consolidates with, the __________ District will be subject to dismissal or retention at the discretion of the school board, on the recommendation of the superintendent, solely on the basis of need for such employees on the part of the ___________ District, if any, at the time of the annexation or consolidation, or within ninety (90) days after the effective date of the annexation or consolidation. The need for any employee of the annexed or consolidated school district shall be determined solely by the superintendent and school board of the ___________ District.

Such employees will not be considered as having any seniority within the ___________ District and may not claim an entitlement under a reduction in force to any position held by a ___________ District employee prior to, or at the time of, or prior to the expiration of ninety (90) days after the consolidation or annexation, if the notification provision below is undertaken by the superintendent.

The superintendent shall mail or have hand-delivered the notification to such employee of his intention to recommend non-renewal or termination pursuant to a reduction in force within ninety (90) days of the effective date of the annexation or consolidation in order to effect the provisions of this section of the ___________ District’s reduction-in-force policy. Any such employees who are non-renewed or terminated pursuant to Section Two are not subject to recall notwithstanding any language in any other section of this policy. Any such employees shall be paid at the rate for each person on the appropriate level on the salary schedule of the annexed or consolidated district during those ninety (90) days and/or through the completion of the reduction-in-force process.

This subsection of the reduction-in-force policy shall not be interpreted to provide that the superintendent must wait ninety (90) days from the effective date of the annexation or consolidation in order to issue notification of his intention to recommend dismissal through reduction-in-force, but merely that the superintendent has that period of time in which to issue notification so as to be able to invoke the provisions of this section.

The intention of this section is to ensure that those ___________ District employees who are employed prior to the annexation or consolidation shall not be displaced by employees of the annexed or consolidated district by application of the reduction-in-force policy.

Notes: ¹ Select either Option 1 or 2 on the basis of which system will work best for your district and its students.
^{2
The list may be changed to reflect the beliefs of your district regarding
what criteria are the most beneficial to students and the district. You may
choose to add or delete additional criteria and/or change the value of the
points given to each criterion. For example, you could choose to lessen or
increase any of the point values for a criterion, or you could add or delete
point categories.
^{3
For example: It may be discovered that a teacher is receiving a stipend for
duties that he/she has not performed for several years. As part of the
reduction in force, the teacher would be sent notification by the
superintendent that he/she intended to partially nonrenew the teacher for the
obsolete stipend.
^{4 Select
the option of your choice. If you choose Option B, the ninety (90) day time
period may be lengthened or shortened (within reason) to suit your preference.}}

Legal Reference: A.C.A. § 6-17-2407

Date Adopted:
Last Revised:

3.5—CERTIFIED
PERSONNEL CONTRACT — RETURN

An employee shall have thirty (30)
days from the date of the receipt of his contract for the following school year
in which to return the contract, signed, to the office of the Superintendent.
The date of receipt of the contract shall be presumed to be the date of a cover
memo which will be attached to the contract.

Failure of an employee to return the
signed contract to the office of the Superintendent within thirty (30) days of
the receipt of the contract shall operate as a resignation by the employee. No
further action on the part of the employee, the Superintendent, or the School
Board shall be required in order to make the employee’s resignation final.¹}

Note: ¹ The paragraph is optional and works well for districts that get their contract renewals out well before school is out. However, for districts that issue contracts late, the paragraph serves as an additional opportunity (see 6-17-1506) for employees to get out of their contracts by simply declining to return them signed and thus activate the provisions of the second paragraph of the policy.

Legal Reference: A.C.A. § 6-17-1506(c)(1)

Date Adopted:

Last Revised:

3.6—CERTIFIED PERSONNEL EMPLOYEE TRAINING

All employees shall attend all local professional development training sessions as directed by a supervisor.

The District shall develop and implement a plan for the professional development of its certified employees. The district’s plan shall, in part, align district resources to address the professional development activities identified in each school’s ACSIP. The plan shall describe how the district’s categorical funds will be used to address deficiencies in student performance and any identified academic achievement gaps between groups of students. At the end of each school year, the district shall evaluate the professional development activities’ effectiveness in improving student performance and closing achievement gaps.

Each certified employee shall receive a minimum of sixty (60) hours of professional development annually to be fulfilled between July 1 and June 30 or June 1 and May 31.¹ Professional development hours earned in excess of sixty (60) in the designated year cannot be carried over to the next year. Certified employees who are prevented from obtaining the required professional development hours due to their illness or the illness of an immediate family member as defined in A.C.A. § 6-17-1702 have until the end of the following school year to make up the deficient hours. This extension does not absolve the employee from also obtaining the following year’s required 60 hours of professional development.

The goal of all professional development activities shall be improved student achievement and academic performance that results in individual, school-wide, and system-wide improvement designed to ensure that all students demonstrate proficiency on the state criterion-referenced assessments. The district’s professional development plan shall demonstrate scientifically research-based best practice, and shall be based on student achievement data and in alignment with applicable ADE Rules and/or Arkansas code.

Teachers and administrators shall be involved in the design, implementation, and evaluation of the plan for their own professional development. The results of the evaluation made by the participants in each program shall be used to continuously improve the district’s professional development offerings and to revise the school improvement plan.

Flexible professional development hours (flex hours) are those hours which an employee is allowed to substitute professional development activities, different than those offered by the district, but which still meet criteria of either the employee’s Individual Improvement Plan or the school’s ACSIP, or both. The district shall determine on an annual basis how many, if any, flex hours of professional development it will allow to be substituted for district scheduled professional development offerings. The determination may be made at an individual building, a grade, or by subject basis. The district administration and the building principal have the authority to require attendance at specific professional development activities. Employees must receive advance approval from the building principal for activities they wish to have qualify for flex professional development hours. To the fullest extent possible, professional development activities are to be scheduled and attended such that teachers do not miss their regular teaching assignments. Six (6) approved flex hours credited toward fulfilling the sixty (60) hour requirement shall equal one contract day. Hours of professional development earned by an employee that is not at the request of the district and is in excess of sixty (60) or not pre-approved by the building principal shall not be credited toward fulfilling the required number of contract days for that employee.² Hours earned that count toward the required sixty (60) also count toward the required number of contract days for that employee. Employees shall be paid their daily rate of pay for professional development

hours earned at the request of the district that necessitate the employee work more than the number of days required by their contract.

Teachers and administrators who, for any reason, miss part or all of any scheduled professional development activity they were required to attend, must make up the required hours in comparable activities which are to be pre-approved by the building principal.

To receive credit for his/her professional development activity each employee is responsible for obtaining and submitting documents of attendance, or completion for each professional development activity he/she attends. Documentation is to be submitted to the building principal or designee.

Teachers and administrators are required to obtain sixty (60) hours of approved professional development annually over a five-year period as part of licensure renewal requirements. At least six (6) of the sixty (60) annual hours shall be in the area of educational technology.

Teachers are required to receive at least two hours annually of their sixty (60) required hours of professional development designed to enhance their understanding of effective parental involvement strategies.

Teachers who provide instruction in Arkansas history shall receive at least two (2) hours of professional development in Arkansas history as part of the sixty (60) hours required annually.

Personnel who are likely to use automated external defibrillators shall receive the training required by Rule. Such training shall count toward the required annual hours of professional development.

Administrators are required to receive at least three hours annually of their sixty (60) required hours of professional development designed to enhance their understanding of effective parental involvement strategies and the importance of administrative leadership in setting expectations and creating a climate conducive to parental participation. Each administrator’s professional development is required to also include training in data disaggregation, instructional leadership and fiscal management.

Teachers required by the superintendent, building principal, or their designee to take approved training related to teaching an advance placement class for a subject covered by the College Board and Educational Testing Service shall receive up to thirty (30) hours of credit toward the sixty (60) hours of professional development required annually.

Certified personnel may earn up to twelve (12) hours of professional development for time they are required to spend in their instructional classroom, office or media center prior to the first day of student/teacher interaction provided the time is spent in accordance with the state law and current ADE rules that deal with professional development. The hours may be earned through online professional development approved by the ADE provided the professional development relates to the district’s ASCIP and the teacher’s professional growth plan.

Teachers are eligible to receive fifteen (15) professional development hours for a college course that meets the criteria identified in law and the applicable ADE rules. The board shall determine if the hours earned apply

toward the required sixty (60). A maximum of thirty (30) hours may be applied toward the sixty (60) hours of professional development required annually.

Employees who do not receive or furnish documentation of the required annual professional development jeopardize the accreditation of their school and academic achievement of their students. Failure of an employee

to receive sixty (60) hours of professional development in any given year, unless due to illness as permitted by law, shall be grounds for disciplinary action up to and including termination.

Approved professional development activities may include conferences, workshops, institutes, individual learning, mentoring, peer coaching, study groups, National Board for Professional Teaching Standards Certification, distance learning, internships, district/school programs, and approved college/university course work. Professional development activities should be consistent with the objectives developed by the National Staff Development Council Standards.

Professional development activities shall relate to the following areas: content (K-12); instructional strategies; assessment; advocacy/leadership; systemic change process; standards, frameworks, and curriculum alignment;

supervision; mentoring/coaching; educational technology; principles of learning/developmental stages; cognitive research; and building a collaborative learning community.

Notes: ¹ The Rules Governing Professional Development 4.02 require the district to choose the option it will follow and "document" its choice. The documentation may be noted by the selection chosen for this policy and also in the district’s "plan" for professional development required by A.C.A. § 6-17-704(c)(1).
^{2
The number of contract days may vary between employees, but the concern here
is with the number of contract days specified in each individual employee’s
contract.}

Cross-Reference: Policy 5.4—STAFF DEVELOPMENT PROGRAM

Legal References: Arkansas State Board of Education: Standards of Accreditation 15.04

ADE Rules Governing Professional Development

A. C.A. § 6-10-122, 123

A.C.A. § 6-15-404(f)(2)

A.C.A. § 6-17-703

A.C.A. § 6-17-704

A.C.A. § 6-17-705

A.C.A. § 6-15-1004(c)

A.C.A. § 6-15-1703

A.C.A. § 6-20-2303(14)

Date Adopted:

Last Revised:

3.7—CERTIFIED PERSONNEL DRUG TESTING

Scope of Policy

Each person hired for a position which allows or requires that the employee operate any type of motor vehicle which is privately owned and operated for compensation, or which is owned, leased or otherwise operated by, or for the benefit of the District, and is operated for the transportation of children to or from school or school sponsored activity shall undergo a physical examination, including a drug test.¹ Each person’s initial employment for a job entailing a safety sensitive function is conditioned upon the district receiving a negative drug test result for that employee.² The offer of employment is also conditioned upon the employee’s signing an authorization for the request for information by the district from the Commercial Driver Alcohol and Drug Testing Database.³

Methods of Testing

The collection, testing methods and standards shall be determined by the agency or other medical organizations chosen by the School Board to conduct the collection and testing of samples. The drug and alcohol testing is to be conducted by a laboratory certified pursuant to the most recent guidelines issued by the United States Department of Health and Human Services for such facilities. ("Mandatory Guidelines for Federal Workplace Drug Testing Programs").

Definition

Safety sensitive function includes:

All time spent inspecting, servicing, and/or preparing the vehicle;

All time spent driving the vehicle;

All time spent loading or unloading the vehicle or supervising the loading or unloading of the vehicle; and

All time spent repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.

Requirements

Employees shall be drug and alcohol free from the time the employee is required to be ready to work until the employee is relieved from the responsibility for performing work and/or any time they are performing a safety-sensitive function. In addition to the testing required as an initial condition of employment, employees shall submit to subsequent drug tests as required by law and/or regulation. Subsequent testing includes, and/or is triggered by, but is not limited to:

Random tests;

Testing in conjunction with an accident;

Receiving a citation for a moving traffic violation; and

Reasonable suspicion.

Prohibitions

No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater;

No driver shall use alcohol while performing safety-sensitive functions;

No driver shall perform safety-sensitive functions within four (4) hours after using alcohol;

No driver required to take a post-accident alcohol test under # 2 above shall use alcohol for eight (8) hours following the accident or until he/she undergoes a post-accident alcohol test, whichever occurs first;

No driver shall refuse to submit to an alcohol or drug test in conjunction with # 1, 2, and/or 4 above;

No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions when using any controlled substance, except when used pursuant to the instructions of a licensed medical practitioner, knowledgeable of the driver’s job responsibilities, who has advised the driver that the substance will not adversely affect the driver’s ability to safely operate his/her vehicle. It is the employee’s responsibility to inform his/her supervisor of the employee’s use of such medication;

No driver shall report for duty, remain on duty, or perform a safety-sensitive function if the driver tests positive or has adulterated or substituted a test specimen for controlled substances.

Violation of any of these prohibitions may lead to disciplinary action being taken against the employee, which could include termination or non-renewal.

Testing for Cause

Drivers involved in an accident in which there is a loss of another person’s life shall be tested for alcohol and controlled substances as soon as practicable following the accident. Drivers shall also be tested for alcohol within eight (8) hours and for controlled substances within thirty two (32) hours following an accident for which they receive a citation for a moving traffic violation if the accident involved: 1) bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident, or 2) one or more motor vehicles incurs disabling damage as a result of the accident requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.⁴

Refusal to Submit

Refusal to submit to an alcohol or controlled substance test means that the driver

Failed to appear for any test within a reasonable period of time as determined by the employer consistent with applicable Department of Transportation agency regulation;

Failed to remain at the testing site until the testing process was completed;

Failed to provide a urine specimen for any required drug test;

Failed to provide a sufficient amount of urine without an adequate medical reason for the failure;

Failed to undergo a medical examination as directed by the Medical Review Officer as part of the verification process for the previous listed reason;

Failed or declined to submit to a second test that the employer or collector has directed the driver to take;

Failed to cooperate with any of the testing process; and/or

Adulterated or substituted a test result as reported by the Medical Review Officer.

Consequences for Violations

Drivers who engage in any conduct prohibited by this policy, who refuse to take a required drug or alcohol test, refuse to sign the request for information required by law, or who exceed the acceptable limits for the respective tests shall no longer be allowed to perform safety sensitive functions. Actions regarding their continued

employment shall be taken in relation to their inability to perform these functions and could include termination or non-renewal of their contract of employment.⁵

Drivers who exhibit signs of violating the prohibitions of this policy relating to alcohol or controlled substances shall not be allowed to perform or continue to perform safety-sensitive functions if they exhibit those signs during, just preceding, or just after the period of the work day that the driver is required to be in compliance with the provisions of this policy. This action shall be based on specific, contemporaneous, articulatable observations concerning the behavior, speech, or body odors of the driver. The Superintendent or his/her designee shall require the driver to submit to "reasonable suspicion" tests for alcohol and controlled substances. The direction to submit to such tests must be made just before, just after, or during the time the driver is performing safety-sensitive functions. If circumstances prohibit the testing of the driver the Superintendent or his/her designee shall remove the driver from reporting for, or remaining on, duty for a minimum of 24 hours from the time the observation was made triggering the driver’s removal from duty.

If the results for an alcohol test administered to a driver is equal to or greater than 0.02, but less than 0.04, the driver shall be prohibited from performing safety-sensitive functions for a period not less than 24 hours from the time the test was administered. Unless the loss of duty time triggers other employment consequence policies, no further other action against the driver is authorized by this policy for test results showing an alcohol concentration of less than 0.04.

Notes: You are required to give drivers a copy of the procedures that will be used in the testing for drugs and alcohol. If you are following your own policy in this regard, give your drivers a copy of that policy; if you’re using a drug testing company to administer the tests, give your drivers a copy of the test administration procedures.

You are required to provide your drivers the name of the person you have designated to answer your drivers questions about the materials you give them regarding drug and alcohol testing.

You are also required to give your employees "information pertaining to the effects of alcohol and controlled substance use on an individual’s health, work, and personal life; signs and symptoms of an alcohol or a controlled substances problem (the driver’s or a co-worker’s); and available methods of intervening when an alcohol or a controlled substances problem is suspected, including confrontation, referral to any employee assistance program and/or referral to management."

Give a copy of this policy to your drivers.

Have your drivers sign an acknowledgement that they have received all of the information contained in this policy and these footnotes.
^{1
You have the option of also requiring an alcohol test, but you may not
selectively require it, i.e. if you require it for one prospective employee
you must require it for all prospective employees.

^{2
While A.C.A. § 6-19-108(e) permits a district to hire a non-certified bus
driver in an emergency situation, 49CFR382.301 forbids a first time driver
(employee) from performing any safety sensitive functions prior to the
district receiving a negative drug test for the employee. Therefore, ASBA
advises not hiring a bus driver under A.C.A. § 6-19-108(e) until he/she has
had a negative drug/alcohol test.

^{3
While the provisions for fines contained in 27-23-209 do not apply to school
districts, school districts are still required to comply with this law. It
is for this reason, along with simple prudence in not hiring a person who
receives a positive drug/alcohol test, that this language is included. The
request for information required by the state is in addition to the federal
requirement (49CFR40.25(a)(b)) that you request drug and alcohol test
results from any U.S. Department of Transportation regulated employers who
have employed the employee during any period during the two years prior to
the date of the employee’s application.
^{4
Employers are required to report to the Office of Driver Services of the
Revenue Division of the Department of Finance and Administration within
three (3) business days the results of an alcohol test if it was performed
due to cause or as part of random testing and the results were positive or
the employee refused to provide a specimen for testing.

^{5
The drivers covered under this policy are those who are required to have a
teaching license as a prerequisite for their job. Federal law requires you
to remove them from safety-sensitive functions when a drug or alcohol
related problem exists, but does not enter into the realm of dismissing them
from their teaching duties. Bus drivers who are not also
teaching licensed personnel are covered under the Classified Policy 8.4
and may be dealt with given the specific provisions of their employment.
ASBA recommends that licensed employees who are hired for driving a bus in
addition to their teaching responsibilities be hired under separate
contracts for each position.

This policy is similar to Policy
8.4. If you change this policy, review 8.4 at the same time to ensure
applicable consistency between the two.}}}}}

Legal References: A.C.A. § 6-19-108

A.C.A. § 27-23-201 et seq.

49 C.F.R. § 382-101 – 605

49 C.F.R. § part 40

Arkansas Division of Academic Facilities and Transportation Rules Governing Maintenance and Operations of Arkansas Public School Buses and Physical Examinations of School Bus Drivers

Date Adopted:

Last Revised:

3.8—CERTIFIED PERSONNEL SICK LEAVE

Definitions

"Employee" is a full-time employee of the District.

"Sick Leave" is absence from work due to illness, whether by the employee or a member of the employee’s immediate family, or due to a death in the family. The principal shall determine whether sick leave will be approved on the basis of a death outside the immediate family of the employee.

"Current Sick Leave" means those days of sick leave for the current contract year, which leave is granted at the rate of one day of sick leave per contracted month, or major part thereof.

"Accumulated Sick Leave" is the total of unused sick leave, up to a maximum of ninety (90) days accrued from previous contract, but not used.

"Immediate family" means an employee’s spouse, child, parent, or any other relative provided the other relative lives in the same household as the teacher.

Sick Leave

The principal has the discretion to approve sick leave for an employee to attend the funeral of a person who is not related to the employee, under circumstances deemed appropriate by the principal. Such approved sick leave shall not exceed one-half day.

Pay for sick leave shall be at the employee’s daily rate of pay, which is that employee’s total contracted salary, divided by the number of days employed as reflected in the contract. Absences for illness in excess of the employee’s accumulated and current sick leave shall result in a deduction from the employee’s pay at the daily rate as defined above.

At the discretion of the principal (or Superintendent), the District may require a written statement of the employee’s physician. Failure to provide such documentation of illness may result in sick leave not being paid, or in dismissal.

Should a teacher be absent frequently during a school year, and if such a pattern of absences continues, or is reasonably expected to continue, the Superintendent may relieve the teacher of his assignment (with Board approval) and assign the teacher substitute duty at the teacher’s daily rate of pay. Should the teacher fail, or otherwise be unable, to report for substitute duty when called, the teacher will be charged a day of sick leave, if available.

Excessive absenteeism, whatever the cause, to the extent that the employee is not carrying out his assigned duties to an extent that the education of students is substantially adversely affected (at the determination of the principal or Superintendent) may result in dismissal.

Sick Leave and Family Medical Leave Act (FMLA) Leave

When an employee takes sick leave, the district shall determine if the leave qualifies for FMLA leave. The district may request additional information from the employee to help make the applicability¹ determination. If the leave qualifies under the FMLA, the district will notify the employee, either orally or in writing², of the decision within two workdays. If the leave is intermittent as defined in this policy and the circumstances of the leave don’t change, the district is only required to notify the employee once of the determination regarding the applicability of sick leave and/or FMLA leave. To the extent the employee has accrued paid leave, any leave taken that qualifies for FMLA leave shall be paid leave and charged against the employee’s accrued leave.

Notes: This policy is similar to Policy 8.5. If you change this policy, review 8.5 at the same time to ensure applicable consistency between the two.
^{1 As
used in this policy, "applicable" is a very important word. Some
leave taken under FMLA also applies to sick leave and therefore, the
employee will get paid for the leave to the extent the employee has sick
leave accrued. Other leave taken under FMLA is not applicable to sick leave
and therefore the FMLA leave is unpaid. For instance, "applicable
leave" in terms of time taken under FMLA due to the birth of a child
will vary depending on the language in your district’s policy on sick
leave. For instance, if sick leave may be taken "for reason of
personal illness or illness in the immediate family" (based on the
statutory definition in 6-17-1202, and an employee gives birth to a child,
she may take sick leave for the amount of time that her personal physician
deems it necessary for her to physically recover from childbirth. Once
the medically necessary time has passed, sick leave is no longer appropriate
and cannot be used. While under the FMLA, the employee could take
additional time off work, she would need to take unpaid FMLA leave for this
purpose, unless she had personal days or vacation days available.
However, if your district has a much more liberal definition of sick leave
in district policy, the results could be entirely different. Another example
would be the potential for overlap between pregnancy complications that
arise to the level of a "serious health condition." For instance,
pregnancy complications that rose to the level of a "serious health
condition" would qualify for both, while missing work for a dentist’s
appointment would qualify for sick leave, but would not qualify for FMLA
leave. Consult policy 3.32—CERTIFIED PERSONNEL FAMILY MEDICAL LEAVE
when making the determination of what sick leave qualifies under both
policies. It may also be helpful to consult 29 CFR 825.114 which is attached
at the end of that policy.

^{2
If the notice is oral, it must be confirmed in writing no later than the
following payday (unless the payday is less than one week after the notice,
in which case the notice must be no later than the subsequent payday). The
written notice may be in any form, including a notation on the employee’s
pay stub.}}

Cross Reference: Policy 3.32—CERTIFIED PERSONNEL FAMILY MEDICAL LEAVE

Legal References: A.C.A. § 6-17-1201 et seq.

29 USC §§ 2601 et seq.

29 CFR 825.100 et seq.

Date Adopted:

Last Revised:

3.9—CERTIFIED PERSONNEL SICK LEAVE BANK*

A sick leave bank is established for the purpose of permitting employees, upon approval, to obtain sick leave in excess of accumulated and current sick leave, when the employee has exhausted all such leave. Only those employees who contribute to the sick leave bank during a given contract year shall be eligible to withdraw from the sick leave bank.

The Superintendent shall appoint a Sick Leave Bank Committee. That committee shall consist of six (6) members: five (5) teachers and one (1) principal.

The terms of the committee shall be for three years with two members being replaced each year.

The Committee shall meet as necessary for the purpose of reviewing requests for withdrawal from the bank. The determination of the committee shall be final.

Withdrawals

The Committee may grant sick leave up to _________ days per contract year for serious personal or family illness, disabilities or accidents (not including accidents for which the employee is receiving Workers’ Compensation), which cause the employee to be absent from work and when the employee has exhausted all accumulated and current sick leave. "Serious personal or family illness, disabilities or accidents" means a period of continuous or intermittent absence, qualifying as sick leave, in which 40¹ or more days are missed during a single contract year.

Requests for withdrawal from the sick leave bank must state the reason(s) for the request and the number of days requested and must be accompanied by a detailed statement from an attending physician of the nature of the malady and the expected duration thereof.

If the information provided to the Committee is deemed by a majority of the Committee to be insufficient, the Committee may require additional information or deny the employee’s request, at its discretion.

The Committee shall have the authority to grant, reduce or deny any request. However, the Committee may grant no request, or any granted time may be withdrawn, when the employee accepts retirement; is eligible for Social Security Disability; or other disability insurance or the employee returns to work.

Spousal Donations

District employees who are husband and wife are eligible to utilize each other’s sick leave. Written permission must be received for each day of donated sick leave. If the employees are paid at different rates of pay, the lesser rate of pay shall be used for the purpose of the donated sick leave days.²

Notes: This policy is similar to Policy 8.6. If you change this policy, please review policy 8.6 at the same time to ensure applicable consistency between the two.

^{1
Choose the number you wish to insert here. Numbers of roughly 40 or more
will generally preclude granting leave from a bank for pregnancies and
elective surgeries. Numbers of roughly 40 or less will generally allow
granting leave from a bank for pregnancies and some elective surgeries.}

2 You may choose to include, or not include, this optional sentence. It is also allowable to have a stand- alone policy for this sentence if your district otherwise chooses not to have a sick leave bank.

The rate of pay would be determined by the employee receiving the lower wage. For example, one spouse might be certified and the other classified. If the certified employee received a day of sick leave from his/her spouse who is a classified employee making a lower wage, the sick leave would be valued at the lower wage. Example: Teacher, whose daily rate is $150 a day, has a sick leave day transferred to her by her husband, who works as a custodian and whose daily rate is $75. She would be credited $75 for the day instead of $150, due to her husband’s donation (or ½ the teacher’s rate for sick leave).

* This is policy is optional and not mandated by law.

Legal Reference: A.C.A. § 6-17-1208

Date Adopted:

Last Revised:

3.10—CERTIFIED PERSONNEL PLANNING TIME

A master schedule shall be created by the building level principal¹ indicating when each teacher’s planning period and scheduled lunch period will be. Planning time is for the purpose of scheduling conferences, instructional planning, and preparation. Each teacher will have the ability to schedule these activities during his/her designated planning time.² Teachers may not leave campus during their planning time without prior permission from their building level supervisor.³

The planning time shall be in increments of not less than forty (40) minutes and shall occur during the student instructional day unless a teacher requests, in writing, to have his/her planning time occur outside of the student instructional day. For the purposes of this policy, the student instructional day means the time that students are required to be present at school.

Notes: ¹This is a local option. "Principal" could be changed to, "principal or designee," or whatever system you’re currently using that clearly defines the planning schedule.
^{2
The Arkansas Attorney General Opinion 2005-299 has declared that the teacher
must be in control of the scheduling of this time. Therefore, any time
scheduled by the district that conflicts with the teacher’s 200 minutes of
weekly planning time (for any purpose) must be compensated at the teacher’s
hourly rate of pay.
^{3
This whole sentence is a local option. You can change it, if you desire, to
let employees leave (or not be present) during their planning time without
prior permission, or you could not allow them to leave at all during their
planning time.}

Legal Reference: ACA § 6-17-114 (a)(d)

Date Adopted:
Last Revised:

3.11—CERTIFIED
PERSONNEL PERSONAL AND PROFESSIONAL LEAVE

Personal Leave

For the district to function
efficiently and have the necessary personnel present to effect a high achieving
learning environment, employee absences need to be kept to a minimum. The
district acknowledges that there are times during the school year when employees
have personal business that needs to be addressed during the school day. Each
full-time employee shall receive two (2)¹ days of personal leave per
contract year. The leave may be taken in increments of no less than ____.²

Employees shall take personal leave
or leave without pay for those absences which are not due to attendance at
school functions which are related to their job duties and do not qualify for
other types of leave (for sick leave see Policy 3.9, for professional leave see
below).

School functions, for the purposes
of this policy, means:

Athletic or academic events related to the
school district; and
Meetings and conferences related to education.

For employees other than the
superintendent, the determination of what activities meet the definition of a
school function shall be made by the employee’s immediate supervisor or
designee. For the superintendent, the school board of directors shall determine
what activities meet the definition of a school function. In no instance shall
paid leave in excess of allotted vacation days and/or personal days be granted
to an employee who is absent from work while receiving remuneration from another
source as compensation for the reason for their absence.

Any employee desiring to take
personal leave may do so by making a written request to his supervisor at least
twenty-four (24) hours prior to the time of the requested leave. The twenty-four
hour requirement may be waived by the supervisor when the supervisor deems it
appropriate.

Employees who fail to report to work
when their request for a personal day has been denied or who have exhausted
their allotted personal days, shall lose their daily rate of pay for the day(s)
missed (leave without pay). While there are instances where personal
circumstances necessitate an employee’s absence beyond the allotted days of
sick and/or personal leave, any employee who requires leave without pay must
receive advance permission (except in medical emergencies) from their immediate
supervisor. Failure to report to work without having received permission to be
absent is grounds for discipline, up to and including termination.

Personal leave does not accumulate
from one contract year to the next.³}

Personal leave may not be taken the day before or the day after a holiday.⁴

Professional Leave

"Professional Leave" is leave granted for the purpose of enabling an employee to participate in professional activities (e.g., teacher workshops or serving on professional committees) which can serve to improve the school district’s instructional program or enhances the employee’s ability to perform his duties. Professional

leave will also be granted when a school district employee is subpoenaed for a matter arising out of the employee’s employment with the school district. Any employee seeking professional leave must make a written request to his immediate supervisor, setting forth the information necessary for the supervisor to make an informed decision. The supervisor’s decision is subject to review and overruling by the superintendent. Budgeting concerns and the potential benefit for the district’s students will be taken into consideration in reviewing a request for professional leave.

Applications for professional leave should be made as soon as possible following the employee’s discerning a need for such leave, but, in any case, no less then two (2) weeks before the requested leave is to begin, if possible.

If the employee does not receive or does not accept remuneration for their participation in the professional leave activity and a substitute is needed for the employee, the district shall pay the full cost of the substitute. If the employee receives and accepts remuneration for their participation in the professional leave activity (e.g. scholastic audits or praxis assessments), the employee shall forfeit his/her daily rate of pay from the district for the time the employee misses. The cost of a substitute, if one is needed, shall be paid by the employee/district⁵.

Notes: While you are not required to provide employees with personal days, you are required to have a policy that requires employees who are absent from the district to take either personal days or leave without pay.

Please note that the provisions of Act 1028 of 2007 which gives state employees 8 hours of paid leave to attend their children’s school educational activities does NOT apply to public school employees.

1 If your district gives personal days, insert the number of days given.
^{2 Choose
the number of hours or portion of a work day that is the minimum that may be
taken at any one time.

3
This sentence is optional.
^{4
This sentence is optional.

^{5 Choose
whether the employee or the district will pay the cost of the employee.}

Legal Reference: A.C.A. § 6-17-211

Date Adopted:
Last Revised

3.12—CERTIFIED
PERSONNEL RESPONSIBILITIES IN DEALING WITH SEX OFFENDERS ON CAMPUS

Individuals who have been convicted
of certain sex crimes must register with law enforcement as sex offenders.
Arkansas law places restrictions on sex offenders with a Level 1 sex offender
having the least restrictions (lowest likelihood of committing another sex
crime), and Level 4 sex offenders having the most restrictions (highest
likelihood of committing another sex crime).

While Levels 1 and 2 place no
restrictions prohibiting the individual’s presence on a school campus, Levels
3 and 4 have specific prohibitions. These are specified in Policy 6.10—SEX
OFFENDERS ON CAMPUS (MEGAN’S LAW) and it is the responsibility of district
staff to know and understand the policy and, to the extent requested, aid school
administrators in enforcing the restrictions placed on campus access to Level 3
and Level 4 sex offenders.

It is the intention of the board of
directors that district staff not stigmatize students whose parents or guardians
are sex offenders while taking necessary steps to safeguard the school community
and comply with state law. Each school’s administration should establish
procedures so attention is not drawn to the accommodations necessary for
registered sex offender parents or guardians.¹}

Cross Reference: 6.10—SEX
OFFENDERS ON CAMPUS (MEGAN’S LAW)

Notes: This policy is similar to
Policy 8.8. If you change this policy, review 8.8 at the same time to ensure
applicable consistency between the two.

^{1
For example, if a sex offender parent will arrive for conferences at the
same time as other parents, staff should escort additional parents to their
student’s classroom, not just the sex offender parent. All principals,
designees, and school employees who will or may have contact with the sex
offender parents shall be required to keep confidential both the sex
offender status and sex offender accommodations made for a parent.}

Legal References: A.C.A. §
12-12-913 (g) (2)
Arkansas Department of Education
Guidelines for "Megan’s Law"
A.C.A. § 5-14-132

Date Adopted:
Last Revised:

3.13—CERTIFIED
PERSONNEL PUBLIC OFFICE

An employee of the District who is
elected to the Arkansas General Assembly or any elective or appointive public
office (not legally constitutionally inconsistent with employment by a public
school district) shall not be discharged or demoted as a result of such service.

No paid leave will be granted for
the employee’s participation in such public office. The employee may receive
pay for personal leave or vacation (if applicable), if approved in advance by
the Superintendent, during his absence.

Prior to taking leave, and as soon
as possible after the need for such leave is discerned by the employee, he must
make written request for leave to the Superintendent, setting out, to the degree
possible, the dates such leave is needed.

An employee who fraudulently
requests sick leave for the purpose of taking leave to serve in public office
may be subject to nonrenewal or termination of his employment contract.

Legal Reference: A.C.A. § 6-17-115

Date Adopted:
Last Revised:

3.14—CERTIFIED
PERSONNEL JURY DUTY

Employees are not subject to
discharge, loss of sick leave, loss of vacation time or any other penalty due to
absence from work for jury duty, upon giving reasonable notice to the District
through the employee’s immediate supervisor.

The employee must present the
original (not a copy) summons to jury duty to his supervisor in order to confirm
the reason for the requested absence.

Employees shall receive their
regular pay from the district while serving jury duty, and shall reimburse the
district from the stipend they receive for jury duty, up to, but not to exceed,
the cost of the substitute hired to replace the employee in his/her absence.¹}

Note: ¹ This sentence is totally optional.

Legal Reference: A.C.A. § 16-31-106

Date Adopted:

Last Revised:

3.15—CERTIFIED PERSONNEL LEAVE — INJURY FROM ASSAULT

Any teacher who, while in the course of their employment, is injured by an assault or other violent act; while intervening in a student fight; while restraining a student; or while protecting a student from harm, shall be granted a leave of absence for up to one (1) year from the date of the injury, with full pay.

A leave of absence granted under this policy shall not be charged to the teacher’s sick leave.

In order to obtain leave under this policy, the teacher must present documentation of the injury from a physician, with an estimate for time of recovery sufficient to enable the teacher to return to work, and written statements from witnesses (or other documentation as appropriate to a given incident) to prove that the incident occurred in the course of the teacher’s employment.

Legal Reference: A.C.A. § 6-17-1209

Date Adopted:

Last Revised:

3.16—CERTIFIED PERSONNEL REIMBURSEMENT FOR PURCHASE OF SUPPLIES

Prekindergarten through sixth grade teachers shall be allotted the amount required by law per student enrolled in the teacher’s class to be used for the purchase of classroom supplies and class activities. The amount shall be credited to an account from which the teacher shall be reimbursed for his/her covered purchases to the extent funds are available in the account. For the purposes of this policy, pre-kindergarten through sixth grade teachers shall be eligible for the allotted supply reimbursement for those students enrolled in the teacher’s class for more than 50% of the school day at the end of the first three months of the school year.

Teachers may purchase supplies and supplementary materials from the district at the district’s cost to take advantage of the school’s bulk buying power. To do so, teachers shall complete and have approved by ________¹ a purchase order for supplies which will then be purchased on the teacher’s behalf by the school and subtracted from the teacher’s total supply and material allocation. Teachers may also purchase materials and supplies using their own funds and apply for reimbursement by submitting itemized receipts. Receipts totaling less than $____²will be held until total receipts are equal to or greater than $____³. Supplies and materials purchased with school funds, or for which the teacher is reimbursed with school funds, are school property, and should remain on school property.

Reimbursement requests submitted by (date) will be processed by (date).⁴

Unused allotments shall not be carried over from one fiscal year to the next.

Notes: Each district is required to annually provide a statement to the State Board of Education attesting to compliance with the statute covered by this policy.

^{1
Insert the title or position of the person responsible for approving supply
purchase orders.
^{2
and ³ Fill in the amount your district will use to trigger
reimbursement. You could also add a provision that the amount would be paid
at least every X number of days, weeks, or months regardless of the
amount due the teacher.

^{4
This is optional and could be omitted or used in conjunction with ¹
and ² above.

Legal Reference: A.C.A. §
6-21-303(b)(1)

Date Adopted:
Last Revised:

3.17—INSULT OR ABUSE OF CERTIFIED
PERSONNEL

Employees are protected from abusive
language and conduct by state law. An employee may report to the police any
language which is calculated to:

1. Cause a breach of the peace;

2. Materially and substantially
interfere with the operation of the school; and/or

3. Arouse the person to whom the
language is addressed to anger, to the extent likely to cause imminent
retaliation.

Legal Reference: A.C.A. § 6-17-106

Date Adopted:
Last Revised:

3.18—CERTIFIED
PERSONNEL OUTSIDE EMPLOYMENT

An employee of the District may not
be employed in any other capacity during regular working hours.

An employee may not accept
employment outside of his district employment which will interfere, or otherwise
be incompatible with the District employment, including normal duties outside
the regular work day; nor shall an employee accept other employment which is
inappropriate for an employee of a public school.

The Superintendent, or his
designee(s), shall be responsible for determining whether outside employment is
incompatible, conflicting or inappropriate.

Legal References: A.C.A. §
6-24-106, 107, 111

Date Adopted:
Last Revised:

3.19—CERTIFIED
PERSONNEL EMPLOYMENT

All prospective employees must fill
out an application form provided by the District, in addition to any resume
provided, all of which information is to be placed in the personnel file of
those employed.

If the employee provides false or
misleading information, or if he withholds information to the same effect, it
may be grounds for dismissal.

The _________________School District
is an equal opportunity employer and shall not discriminate on the grounds of
race, color, religion, national origin, sex, age, or disability.

Date Adopted:
Last Revised:

3.20—CERTIFIED
PERSONNEL REIMBURSEMENT OF TRAVEL EXPENSES

Employees shall be reimbursed for
personal and/or travel expenses incurred while performing duties or attending
workshops or other employment-related functions, provided that prior written
approval for the activity for which the employee seeks reimbursement has been
received from the Superintendent, principal (or other immediate supervision with
the authority to make}}}