LAMAR SCHOOL DISTRICT

3.1—LICENSED PERSONNEL SALARY SCHEDULE

 

Salary Index and Regulations

 

The Lamar Public Schools operate under a single salary index that may be changed from year to year at the discretion of the Board and in compliance with State Law and Statutes. (See Appendix)

 

If funds are available, payment will be on the tenth of each month.

 

• The kind of teaching certificate held on the first day of school will determine the contract salary on the scale for which a teacher is qualified.
• Salaries of administrators and special area teachers, such as coaches, band directors, instructional media specialists, etc.,   shall be paid by individual contracts designated by the Board.  This shall include teachers under contract for more than nine (9) months.    

 

• The Board may allow salary supplements for those teachers who assume special extra duties. These supplemental salaries are part of the salary index.
• Additional hours earned in the teacher’s field or related field may change the teacher’s salary index.  These hours do not necessarily have to be toward a higher degree.

 

• Deadline for Adding Hours for Additional Pay

Teachers who have earned additional, relevant degrees or sufficient college hours to warrant a salary change are responsible for reporting and supplying a transcript to ­­­the superintendent’s office. The appropriate salary increase will be reflected in the first paycheck of the school year, provided the documentation is submitted prior to September 1^st of the current school year.

 

• Arkansas Professional Educator Preparation (ArPEP) Program

Each employee newly hired by the district to teach under the Arkansas Professional Educator Preparation (ArPEP) Program shall initially be placed on the salary schedule in the category of a bachelor’s degree with no experience, unless the ArPEP program employee has previous teaching experience which requires a different placement on the schedule. Upon receiving his/her initial or standard 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 which is relevant to the employee’s position. Employee’s degrees which are not relevant to the ArPEP program’s position shall not apply when determining his/her placement on the salary schedule. A teacher with a non-traditional provisional license 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 alternative licensure program 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.

 

 

• For the purposes of the salary schedule:
  • A teacher will have worked a “year” if he/she works at least 160 days.
  • 190 Day Contract
    • 178 Student Interaction Days
    • 2 Parent Teacher Conference Days
    • 10 Professional Development Days
      • 36 hours (6 Days) required by the state for licensure (See Policy 3.6)
      • 24 hours (4 days) required by the Lamar School District

 

 

• Hiring of a Long-Term Substitute

If approved by the Department of Elementary and Seconday Education, the Lamar School Board, may choose to hire a long-term substitute teacher as defined by DESE. If the Lamar School Board hires a long-term substitute, the long-term substitute will receive a beginning teachers rate of pay, only after, the long-term substitute has worked 30 consecutive days in the assigned classroom.

 

 

Cross Reference: Policy 1.9—POLICY FORMULATION

 

 

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

A.C.A. § 6-20-2305(f)(4)

DESE Rules Governing School District Requirements for Personnel Policies, Salary Schedules, Minimum Salaries, and Documents Posted to District Websites

 

 

Date Adopted: 5/13/13

Last Revised: 6/20/22

 

3.2—LICENSED PERSONNEL EVALUATIONS

 

Definitions

“Beginning administrator” means a building level or district level leader who has not completed three (3) years of experience as a building level or district level administrator.

 

“Building level or district level leader” means an individual employed by the District whose job assignment is that of a building level or district level administrator or an equivalent role, including an administrator licensed by the State Board of Education, an unlicensed administrator, or an individual on an Administrator Licensure Completion Plan. Building level or district level leader does not include the superintendent.

 

“Novice teacher” is a teacher who has less than three (3) years of public school classroom experience.

 

“Teacher” has the same definition as A.C.A. § 6-17-2803(16).

 

Teachers

Teachers will be evaluated under the provisions and timelines of the Teacher Excellence and Support System (TESS).

 

The superintendent or designee(s) shall develop procedures to govern the evaluation process and timelines for the evaluations.

 

Teachers will be evaluated under the schedule and provisions required by TESS. All teachers, other than novice teachers, will have a summative evaluation over all domains and components at least once every four (4) years. To establish the initial four (4) year rotation schedule for teachers, other than novice teachers, to be summatively evaluated, at least one-quarter (1/4) of each school's teachers, other than novice teachers, will be selected for evaluation randomly. Novice teachers will receive a summative evaluation in the year following the completion of their novice period and will be added to the four (4) year summative evaluation rotation for following years. A teacher who transfers into the District from another Local Educational Agency (LEA) shall be added to the four (4) year summative evaluation rotation randomly.

 

All teachers shall develop a Professional Growth Plan (PGP) annually that identifies professional growth outcomes to advance the teacher's professional skills and clearly links personalized, competency-based professional learning opportunities to the professional growth outcomes. The teacher’s PGP must be approved by the teacher's evaluator. If there is disagreement between a teacher and the teacher’s evaluator concerning the PGP, the decision of the evaluator shall be final.

 

Following a summative evaluation, the teacher shall receive an overall performance rating that is derived from:⁴

1. A written evaluation of the teacher’s performance on all evaluation domains as a whole;
2. The evaluation framework and evaluation rubric appropriate to the teacher’s role;
3. Multiple sources of evidence of the teacher’s professional practice including, but not limited to:

1. Direct observation;
2. Indirect observation;
3. Artifacts; and
4. Data; and

4. Presentations of evidence chosen by the teacher, the evaluator, or both.

 

The Summative evaluation shall provide an opportunity for the evaluator and the teacher to discuss the review of the evidence used in the evaluation and provide feedback that the teacher can use to improve his/her teaching skills and student learning.

 

While teachers are only required to be summatively evaluated once every four (4) years, the teacher's evaluator may conduct a summative evaluation in any year.

 

A teacher shall continue to demonstrate a commitment to student learning in formative years by furthering the teacher’s professional growth and development as guided by the teacher’s PGP. The teacher’s evaluator, or one or more individuals selected by the evaluator, shall support the teacher on an ongoing basis throughout the formative years by:

• Providing teachers with immediate feedback about teaching practices;
• Engaging teachers in a collaborative, supportive learning process; and
• Helping teachers use assessment methods supported by evidence-based research that inform the teacher of student progress and provide a basis for adapting teaching practices.

 

An overall performance rating is not required in a formative year.

 

Building Level or District Level Evaluations

Building level or district level leaders will be evaluated under the schedule and provisions required by the Leader Excellence and Development System (LEADS).

 

The superintendent or designee(s) shall develop procedures to govern the evaluation process and timelines for the evaluations.

 

Building level or district level leaders, except for beginning administrators, shall have a summative evaluation at least once every four (4) years. To establish the initial four-year rotation schedule for building level or district level leaders, except for beginning administrators, to be summatively evaluated, at least one quarter (1/4) of each school's building level or district level leaders will be selected for evaluation randomly. Beginning administrators shall have a summative evaluation in the year following the completion of their beginning administrator period and will be added to the four (4) year summative evaluation rotation for following years. A building level or district level leader who transfers into the District from another LEA shall be added to the four (4) year summative evaluation rotation randomly.

 

A building level or district level leader shall complete a PGP based on the standards and functions determined during the initial summative evaluation meeting with the superintendent or designee. If there is disagreement between a building level or district level leader and the leader’s evaluator concerning the PGP, the decision of the evaluator shall be final.

 

The building level or district level leader shall annually revise his/her PGP and associated documents required under LEADS.  In a non-summative evaluation year, his/her job performance will be measured on how well the PGP's goals have been met.

 

The Superintendent, or designee shall use the evaluation framework and rubric that is appropriate to the role and responsibilities of the building level or district level leader when conducting the building level or district level leader’s summative evaluation. The Building level or district level leader’s summative evaluation shall result in a written overall performance rating that is based on multiple sources of evidence of the building level or district level leader’s professional practice, which may include:

1. Direct observation;
2. Indirect observation;
3. Artifacts; and
4. Data.

 

When the Superintendent or designee conducts a summative evaluation, he/she will base the building level or district level leader's continuing employment recommendation on:

• The level of performance based on the performance functions and standards of the evaluation rubric;
• The evidence of teacher performance and growth applicable to the building- or district-level leader; and
• The building- or district-level leader’s progression on his or her professional growth plan.

 

While building level or district level leaders are required to be summatively evaluated once every four (4) years, the Superintendent or designee may conduct a summative evaluation in any year.

 

 

Notes:    The language in this policy is intentionally very broad. We strongly advise that you don't try to insert a lot of process/procedure language in the policy and leave that to a separate "Procedures" document that lays out the specificity of how you are going to fully implement the TESS/LEADS requirements. For example, don't include such things as how many artifacts you will require; how many informal evaluations will be conducted; or the dates for when the summative evaluations will take place.

 

Districts with a waiver to employ unlicensed individuals as teachers or administrators should add the following sentence to Policy 8.2—CLASSIFIED PERSONNEL EVALUATIONS:

Individuals employed under the District’s waiver as unlicensed teachers and administrators shall be evaluated under Policy 3.2—LICENSED PERSONNEL EVALUATIONS.

 

¹ Include positions below the superintendent in this sentence only if you have such positions. Districts have the option of including those positions in the LEADS evaluation requirements as if they were a building level or district level leader. If you have such positions and choose to evaluate them under the LEADS Rules, delete them from the sentence and add them to the list of those who are included in the definition of building level or district level leaders.

 

² Enter the method by which you will determine who will be selected. Possible ways you could select would be from volunteers, RIF points (either highest to lowest or vice versa), alphabetically, or drawing names out of a hat. Since employees' continued employment will potentially ride on the evaluations, it is vital that your selection method be non-biased. Also, since all teachers and building level or district level leaders have to have a summative evaluation at least once every four (4) years, be sure to select at least a quarter (1/4) of your candidate pool.

 

³ There is no requirement for you to place an individual who transfers into the district from another LEA into the rotation for a summative evaluation based on when their last summative evaluation took place. If you choose, you could require that all individuals who transfer into the district have a summative evaluation at the end of the year they transfer into the district regardless of when the individual’s most recent summative evaluation took place.

 

⁴ In addition to the items listed in the policy, you may include peer observations and/or student feedback in the list of items to be looked at during the summative evaluation.

 

You have the option to allow a teacher’s work for National Board certification or renewal certification to be substituted for portions of the summative evaluation; If you choose to do so, add the following language:

A teacher's work completed for the certification or renewal of a certification from the National Board for Professional Teaching Standards may be substituted for the whole or any part of the summative evaluation.

 

 

Cross Reference: 8.2—CLASSIFIED PERSONNEL EVALUATIONS

 

 

Legal References:               A.C.A. § 6-17-2801 et seq.

A.C.A. § 11-3-204

DESE Rules Governing Educator Support and Development

 

 

Date Adopted: 5/13/13

Last Revised: 5/10/21

3.3—EVALUATION OF LICENSED 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. The only exception will be if the Superintendent is the only person qualified to evaluate an employee in the central office.

 

 

 

 

Date Adopted: 5/13/13

Last Revised: 1/11/16

3.4—LICENSED PERSONNEL REDUCTION IN FORCE

 

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.

 

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 employee 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. If an employee is in an area where a RIF is needed, but he or she is qualified for another position held by an employee with less years of service in the Lamar School District, that employee would be reassigned to that position and the RIF policy applied to the junior employee. 

 

Points

Years of service in the district—1 point per year

All Licensed 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 160 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—2 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. For example, a P-4 license or a 5-8 social studies license are each worth 1 point.

 

All points awarded must be verified by documents on file with the District by October 1 of the current school year.  It is the employee’s responsibility to keep their file updated. If a RIF becomes necessary, each employee’s points shall be totaled with employees ranked by the total points from highest to lowest.  All employees 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 Division of Elementary and Secondary 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 changes. (See section II)

 

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 required to hold a license as a condition of employment and for which he or she is qualified by virtue of education, license, or experience, as determined by the job requirements developed by the superintendent or designee for a period of up to two (2) years. An employee shall have the right to be recalled to a licensed position that is less than a 1.0 full time equivalent (FTE), has less authority or responsibility, or that has a lower compensation levels, index, or stipend.  No employee shall have any right to be recalled to any position that is for a longer contract period, has greater authority or responsibility, is for greater than the former FTE, or that is at a higher compensation level, index, or stipend.

 

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 shall be by Licensed 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 an employee’s refusal of a position shall end the district’s obligation to replace the laid-off employee. It is the employee’s responsibility to keep the District informed of a current address. 

 

Section II

 

The employees of any school district which annexes to, or consolidates with, the ­­­­­­Lamar 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 Lamar 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 Lamar District.

 

Such employees will not be considered as having any seniority within the Lamar District and may not claim an entitlement under a reduction in force to any position held by a Lamar 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 Lamar 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 ­­­­­­Lamar 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.

 

 

Legal Reference: A.C.A. § 6-17-2407

 

Date Adopted: 5/13/13

Effective Date: 7/01/13

 

3.5—LICENSED PERSONNEL CONTRACT RETURN (Including Return)  3.19

 

Section 1 – Licensed Personnel Employment 

 

A. All school personnel except the superintendent shall be by recommendation of the superintendent.  The superintendent

     shall be guided in his nominations by the recommendations of the principals and other supervisory personnel.  Should

     a person be nominated by the superintendent be rejected by the Board, the superintendent shall submit another

     nomination for consideration.

 

B.  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. In particular, it will be   considered a material misrepresentation and grounds for termination of contract of employment if an employee’s licensure status is discovered to be other than as it was represented by an employee or applicant, either in writing on application materials or in the form of verbal assurances or statements made to the school district.

 

C. The Lamar School District is an equal opportunity employer and shall not discriminate on the grounds of race, color,

     religion, national origin, sex, age, or disability.

 

Section 2 - Renewal of Contract Schedule

 

A. The superintendent may be elected for a term of two or more years.  the election of the superintendent shall take place at

     the January meeting of the Board.  The Board may choose to renew the superintendent's contract each year in order that

     he will be continually under a two-year contract.

 

B. The principals may be elected for a term of two years. The February meeting of the Board each year is the time for the

     election of principals.  The Board may choose to renew the principals' contracts each year in order that they will

     continually be under a two-year contract

 

C. Licensed personnel will be considered for renewal of contracts at the March meeting each year.              

Section 3 – Contracts including Contract Return

A. Election of school personnel is to be evidenced by a written contract which is binding on both the employee and

     the employer.

B. The annual contract of all Licensed personnel shall be renewed unless the procedure outlined in "cause and procedure

     for dismissal" has been followed.

C. Survey of Licensed personnel's intentions is to be completed and returned prior to the March School Board meeting.

D. No teacher shall be required to sign and return a contract for the next school year any sooner than thirty (30) days

     after the contract is issued to the teacher. The teacher shall have the right to unilaterally rescind any signed contract

     no later than ten (10) days after the end of the school year. 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.

E. Any employee who successfully completes the National Board Certification Program prior to June 30, 2007 would receive a stipend from the Lamar School District matching the State contribution.

Any employee who applied for the National Board Certification Program and was accepted prior to June 30, 2006, would also be eligible to receive a stipend from the Lamar School District matching the State contributions upon successful completion of the certification program for the duration of the certification and the duration of the state’s contribution.

Any employee who applied for the National Board Certification beginning July 1, 2006 and successfully completed the certification program would receive a one-time stipend of $3,000.00 from the Lamar School District.

 

Section 4 - General Requirements for Employment

A. All school employees must satisfy the requirements of the State Law and Policies of the Board of Education and

     requirements of the State Department of Education.

B. All teachers must furnish to the superintendent of schools the following items prior to the first payday before they

     can receive any payment for service:

A valid teacher certificate

A complete college transcript

A teacher retirement number

A current health certificate

A Social Security number

Current W-4 forms, state and federal, for tax deduction purposes

C. Teachers with deficiencies must provide satisfactory progress toward the elimination of their deficiencies in order to

     be reemployed.  Satisfactory progress shall be determined by the State Department of Education, Division of

     Teacher Certification.

 

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

 

 

 

Date Adopted: 5/13/13

Effective Date: 7/01/13

 

3.6—LICENSED PERSONNEL EMPLOYEE TRAINING

 

For the purposes of this policy, professional development (PD) means a set of coordinated, planned learning activities for District employees who are required to hold a current license issued by the State Board of Education as a condition of employment that:

• Is required by statute or the Division of Elementary and Secondary Education (DESE); or
• Meets the following criteria:

• Improves the knowledge, skills, and effectiveness of teachers;
• Improves the knowledge and skills of administrators and paraprofessionals concerning effective instructional strategies and methods;
• Leads to improved student academic achievement; and
• Is researched-based and standards-based.

 

All employees shall attend all local PD training sessions as directed by his/her supervisor.

 

As part of the District’s School District Support Plan (SDSP), the District shall develop and implement a professional development plan (PDP) for its licensed employees. The District’s PDP shall, in part, align District resources to address the PD activities identified in each school’s school-level improvement plan (SLIP) and incorporate the licensed employee's professional growth plan (PGP). The PDP 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 PD activities’ effectiveness at improving student performance and closing achievement gaps.

 

Each licensed employee shall receive a minimum of thirty-six (36) hours of PD annually to be fulfilled between June 1 and May 31. A licensed employee may be required to receive more PD than the minimum when necessary to complete the licensed employee’s PGP. All licensed employees are required to obtain thirty-six (36) hours of approved PD each year over a five-year period as part of their licensure renewal requirements. PD hours earned in excess of each licensed employee's required number of hours in the designated year cannot be carried over to the next year.

                                                          

Licensed employees who are prevented from obtaining the required PD hours due to their illness or the illness of an immediate family member as defined in A.C.A. § 6-17-1202 have until the end of the following school year to make up the deficient hours. Missed hours of PD shall be made up with PD that is substantially similar to that which was missed and can be obtained by any method, online or otherwise, approved by DESE. This time extension does not absolve the employee from also obtaining the following year’s required hours of PD. Failure to obtain required PD or to make up missed PD could lead to disciplinary consequences, up to termination or nonrenewal of the contract of employment.

 

The goal of all PD activities shall be improved teaching and learning knowledge and skills that result in individual, team, school-wide, and District-wide improvement designed to ensure that all students demonstrate proficiency on the state’s academic standards. The PDP shall be research-based and standards-based and in alignment with applicable DESE Rules and/or Arkansas code.

 

Teachers, administrators, and paraprofessionals shall be involved in the design, implementation, and evaluation of the plan for their own PD offerings. The results of the evaluation made by the participants in each program shall be used to continuously improve PD offerings and to revise the SLIP.

 

Flexible PD hours (flex hours) are those hours that an employee is allowed to substitute PD activities, different than those offered by the District, but are still aligned to the employee’s PGP, the employee’s school’s SLIP, or the District’s PDP. The District shall determine on an annual basis how many, if any, flex hours of PD it will allow to be substituted for District scheduled PD 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 PD activities. Employees must receive advance approval from the building principal for activities they wish to have qualify for flex PD hours. To the fullest extent possible, PD 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 licensed employee's required hours shall equal one (1) contract day. Hours of PD earned by an employee that are in excess of the employee's required hours, but are either not at the request of the District or not pre-approved by the building principal, shall not be credited toward fulfilling the required number of contract days for that employee. Hours earned that count toward the licensed employee's required hours also count toward the required number of contract days for that employee. Employees shall be paid their daily rate of pay for PD 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 PD activity they were required to attend, must make up the required hours in comparable activities, which are to be pre-approved by the employee's appropriate supervisor.

 

To receive credit for his/her PD activity, each employee is responsible for obtaining and submitting documents of attendance, or completion for each PD activity he/she attends. Documentation is to be submitted to the building principal or designee. The District shall maintain all documents submitted by its employees that reflect completion of PD programs, whether such programs were provided by the District or an outside organization.

 

To the extent required by DESE Rules, employees will receive up to six (6) hours of educational technology PD that is integrated within other PD offerings, including taking or teaching an online or blended course.

 

The following PD shall count toward a licensed employee's required PD hours to the extent the District's PDP or the employee’s school’s SLIP includes such training, is approved for flex hours, or is part of the employee's PGP and it provides him/her with knowledge and skills for teaching:

• Students with intellectual disabilities, including Autism Spectrum Disorder;
• Students with specific learning disorders, including dyslexia;
• Culturally and linguistically diverse students;
• Gifted students.

 

Beginning in the 2013-14 school-year and every fourth year thereafter, all District personnel shall receive two (2) hours of PD related to child maltreatment required under A.C.A. § 6-61-133.

 

Beginning in school-year 2014-15 and every fourth year thereafter, teachers shall receive two (2) hours of PD designed to enhance their understanding of effective parental involvement strategies.

 

Beginning in school-year 2014-15 and every fourth year thereafter, administrators shall receive two (2) hours of PD designed to enhance their understanding of effective parent and family engagement strategies and the importance of administrative leadership in setting expectations and creating a climate conducive to parent and family participation.

 

Beginning in the 2016-17 school-year and every fourth year thereafter, teachers who provide instruction in Arkansas history shall receive at least two (2) hours of PD in Arkansas history as part of the teacher's annual PD requirement.

 

Beginning with the 2018-2019 school year, the District shall provide professional development to teachers licensed:

• At the elementary level for kindergarten through grade six (K-6), in special education for kindergarten through grade twelve (K-12), or reading specialists for kindergarten through grade twelve (K-12) for one (1) of the prescribed pathways to obtaining a proficiency credential in knowledge and practices in scientific reading instruction; and
• In an area other than elementary level for kindergarten through grade six (K-6), in special education for kindergarten through grade twelve (K-12), or reading specialists for kindergarten through grade twelve (K-12) for one (1) of the prescribed pathways to obtaining an awareness credential in knowledge and practices in scientific reading instruction.

The professional development will be designed so that, by the beginning of the 2021-2022 2023-2024 school year, all teachers employed in a teaching position that requires an elementary education license (K-6), special education license, or reading specialists in kindergarten through grade twelve (K-12) shall demonstrate proficiency in knowledge and practices of scientific reading instruction and all other teachers shall demonstrate awareness in knowledge and practices of the scientific reading instruction.

 

Beginning in the 2019-2020 school year, the District shall provide annual training instruction based on the science of reading as set forth in the literacy plan contained within the District’s SLIPs.

 

Beginning in the 2023-24 school-year and every fourth year thereafter, All licensed personnel shall receive two (2) hours of training related to bullying prevention and recognition of the relationship between incidents of bullying and the risk of suicide.

 

Beginning in the 2023-24 school-year and every fourth year thereafter, all licensed personnel shall receive two (2) hours of PD in mental health awareness and teen suicide awareness and prevention, which may be obtained by self-review of suitable mental health awareness and suicide prevention materials approved by DESE.

 

By the beginning of the 2024-25 school year and every fourth year thereafter, a school counselor shall receive Youth Mental Health First Aid training to learn the risk factors and warning signs of mental health issues in adolescents; the importance of early intervention; and how to help an adolescent who is in crisis or expecting a mental health challenge.

 

Anticipated rescuers shall receive training in cardiopulmonary resuscitation and the use of automated external defibrillators as required by DESE Rule. Such training shall count toward the required annual hours of PD.

 

At least once every three (3) years, persons employed as athletic coaches shall receive training related to the recognition and management of concussions, dehydration, or other health emergencies; students’ health and safety issues related to environmental issues; communicable diseases; and sudden cardiac arrest. The training may include a component on best practices for a coach to educate parents of students involved in athletics on sports safety.

 

All licensed personnel shall receive training related to compliance with the District’s antibullying policies and the licensed employee’s duties under the District’s antibullying policies.

 

For each administrator, the thirty six (36) hour PD requirement shall include training in data disaggregation, instructional leadership, and fiscal management. This training may include the Initial, Tier 1, and Tier 2 training required for Superintendents and other designees by DESE’s Rules Governing the Arkansas Financial Accounting and Reporting System and Annual Training Requirements.

 

Building level administrators shall complete the credentialing assessment for the teacher evaluation PD program prior to conducting any summative teacher evaluations.⁶

 

Teachers’ PD shall meet the requirements prescribed under the Teacher Excellence and Support System (TESS).

 

By the end of the 2014-15 school-year, teachers shall have received professional awareness on the characteristics of dyslexia and the evidence-based interventions and accommodations for dyslexia.⁷

 

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 hours of PD required annually.

 

Licensed personnel may earn up to twelve (12) hours of PD 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 state law and current DESE rules that deal with PD. Licensed personnel who meet the requirements of this paragraph, the associated statute, and DESE Rules shall be entitled to one (1) hour of PD for each hour of approved preparation.

 

Licensed personnel shall receive five (5) PD hours for each credit hour of a graduate level college course that meets the criteria identified in law and applicable DESE rules. A maximum of fifteen (15) such hours may be applied toward the thirty six (36) hours of PD required annually for license renewal.⁸

 

The District shall make available annually to licensed personnel at least thirty (30) minutes of professional development on recognizing the warning signs that a child is a victim of human trafficking and reporting a suspicion that a child is a victim of human trafficking.

 

In addition to other required PD, personnel of Alternative Learning Environments shall receive PD on classroom management and on the specific needs and characteristics of students in alternative education environments.

 

District administrators as well as licensed personnel selected by the superintendent or building principal shall receive training on the appropriate use of restraint and seclusion in accordance with DESE’s Advisory Guidelines for the Use of Student Restraints in Public School or Educational Settings and is in compliance with the requirements of A.C.A. § 6-18-2309. The names of District staff who have received certified training on the use of physical restraint shall be provided to all District staff at least annually.

 

As part of the District’s implementation of the District’s positive behavioral support system, District administrators as well as building personnel selected by the superintendent or building principal shall receive training in the use of positive behavior support for student behavior and in preventive techniques for teaching and motivating prosocial student behavior and conflict de-escalation and resolution techniques to be employed by school personnel to prevent, defuse, evaluate, and debrief a crisis and conflict situation.

 

Employees who do not receive or furnish documentation of the required annual PD jeopardize the accreditation of their school and academic achievement of their students. Failure of an employee to receive his/her required annual hours of PD in any given year, unless due to illness as permitted by law, DESE Rule, and this policy, shall be grounds for disciplinary action up to and including termination.

 

Approved PD activities may include:

• Conferences/workshops/institutes;
• Mentoring/peer coaching;
• Study groups/learning teams;
• National Board for Professional Teaching Standards Certification;
• Distance and online learning (including ArkansasIDEAS);
• Micro-credentialing approved by DESE;
• Internships;
• State/district/school programs;
• Approved college/university course work;
• Action research; and
• Individually guided (to be noted in the employee's PGP).

 

Approved PD activities that occur during the instructional day or outside the licensed employee's annual contract days may apply toward the annual minimum PD requirement.

 

PD activities shall relate to the following areas:

• Content (K-12);
• Instructional strategies;
• Assessment/data-driven decision making;
• Advocacy/leadership/fiscal management;
• Systemic change process;
• Standards, frameworks, and curriculum alignment;
• Supervision;
• Mentoring/peer coaching;
• Next generation learning/integrated technology;
• Principles of learning/developmental stages/diverse learners;
• Cognitive research;
• Parent and family engagement/academic planning and scholarship;
• Building a collaborative learning community;
• Student health and wellness; and
• The Code of Ethics for Arkansas Educators.

 

Additional activities eligible for PD credit, as included in the District’s PDP, employee’s school’s SLIP, and licensed employee's PGP, include:

• School Fire Marshall program (A.C.A. § 6-10-110);
• Tornado safety drills (A.C.A. § 6-10-121);
• Statewide student assessments (A.C.A. § 6-15-2912);
• Test security and confidentiality (A.C.A. § 6-15-2907);
• Emergency plans and the emergency communication method with law enforcement  (A.C.A. § 6-15-1302);
• TESS (A.C.A. § 6-17-2806);
• Student discipline training, behavioral intervention, and classroom management (A.C.A. § 6-18-502);
• Comprehensive School Counseling Program (A.C.A. § 6-18-2004);
• Training required by DESE under The Arkansas Educational Support and Accountability Act and fiscal and facilities distress statutes and rules; and
• Annual lockdown drills (6-15-1303).⁹

 

 

Notes:    There are special rules that apply to part time employees who teach adults or are high school equivalency Test examiners. Since such employees apply to very few districts, they are not included in this policy. PD for such employees is covered under 7.04 of the rules and A.C.A. § 6-17-706.

 

¹ If you have individuals employed as unlicensed teachers or administrators under a waiver, add “or are an unlicensed employee teaching under a waiver of licensure”.

 

² The rules make July 1 through June 30 the default. Districts using those dates no longer need documentation of its choice. Districts can still choose June 1 through May 30, but that choice would have to be documented. The documentation may be noted by the selection chosen for this policy and also in the District’s PDP required by A.C.A. § 6-17-704(c)(1).

 

³ A.C.A. § 6-17-2402(1) defines a "basic contract" as a teacher employment contract for 190 days that includes no less than six (6) days of PD. When calculated with the one hundred seventy-eight (178) mandatory student contact days and the two (2) parent-teacher conference days, this means there are four (4) days unassigned in the basic contract. Districts may use these days as additional student contact days, parent-teacher conferences, for classroom setup, or PD. The use for the days may vary from school to school or even from licensed employee to licensed employee, though days used for additional student contact days should be uniform throughout the district and staff. The use of the four (4) days may be assigned on the school calendar or otherwise accounted for in policy. If districts require employees to use those four (4) days for something other than PD but require the licensed employee to receive more than thirty-six (36) hours of PD, then the district must pay the employee for the additional hours of district mandated PD as set forth in footnote 5.

 

⁴ 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.

 

⁵ There is confusion surrounding districts requiring more than the required PD and employees who get more than their required hours, but do so of their own choosing. A.C.A. § 6-17-807(a) requires districts to pay a teacher their daily rate of pay for days worked in excess of the number in their contract. Each six (6) hours of PD equal one day worked. Teachers who are required/requested to attend six (6) more hours than would total the number of days in the employee’s contract have worked an extra day of their contract. This can be addressed by giving the employees a flex PD day off or paying them their daily rate of pay for the extra day worked. Teachers who are so dedicated that, on their own, they get more than their required PD hours do not get credit for a day worked for each six (6) hours of excess PD.

 

⁶ This requirement tracks the language in model policy 3.50—ADMINISTRATOR EVALUATOR CERTIFICATION and is based on A.C.A. § 6-15-202(f)(50). A corollary point to this policy's sentence is to make the hiring of any new administrator who will be responsible for conducting TESS summative evaluations contingent upon the new hire's successful credentialing for TESS evaluations. We suggest calling the ASBA staff attorney for language, including required completion dates and employment consequences, for both the hiring motion, and to include on the contract, where it should remain until TESS credentials are successfully obtained.

 

⁷ This is required by A.C.A. § 6-41-608. There is no statutory clarification regarding required hours of training, but teachers will need to be credited toward the required hours of PD for time spent fulfilling the requirement. A.C.A. § 6-41-609 and 1.02.2.2 of the PD Rules delegate future dyslexia training to Higher Education.

 

⁸ We suggest reading A.C.A. § 6-15-1004(c) and Section 4 of the PD Rules. Both permit the district to require additional hours; however, if you choose to do so and the employee's required PD would total more hours than the number of contract days provided for in the employee’s contract, then the employee is due his/her daily rate of pay for the excess hours. See footnote 5.

 

⁹ Districts are required to annually provide lockdown drill and school safety assessment training for all of its employees and, to the extent practicable, students, in collaboration with local law enforcement and emergency management personnel. Since this is statutorily required training (PD), employees get to count it toward their annual required hours.

 

 

Cross References:               3.50—ADMINISTRATOR EVALUATOR CERTIFICATION

4.37—EMERGENCY DRILLS

4.60—STUDENT BEHAVIORAL INTERVENTION AND RESTRAINT

5.2—PLANNING FOR EDUCATIONAL IMPROVEMENT

 

 

Legal References:               Standards For Accreditation 1-B.4, 3-A.4, 3-B.1, 4-G.1, 4-G.2

DESE Rules Governing Professional Development

DESE Rules Governing the Arkansas Educational Support and Accountability Act

DESE Rules Governing school-based Automated External Defibrillator (AED) devices and Cardiopulmonary Resuscitation (CPR) programs in Arkansas Public Schools

DESE Rules Governing the Arkansas Financial Accounting and Reporting System

and Annual Training Requirements

DESE Rules Governing the Right to Read Act

DESE Rules Governing Student Special Needs Funding

DESE Advisory Guidelines for the Use of Student Restraints in Public School or Educational Settings

A.C.A. § 6-10-121

A.C.A. § 6-10-122

A.C.A. § 6-10-123

A.C.A. § 6-15-1004(c)

A.C.A. § 6-15-1302

A.C.A. § 6-15-1303

A.C.A. § 6-15-1703

A.C.A. § 6-15-2907

A.C.A. § 6-15-2911

A.C.A. § 6-15-2912

A.C.A. § 6-15-2913

A.C.A. § 6-15-2914

A.C.A. § 6-15-2916

A.C.A. § 6-16-1203

A.C.A. § 6-17-429

A.C.A. § 6-17-703

A.C.A. § 6-17-704

A.C.A. § 6-17-708

A.C.A. § 6-17-709

A.C.A. § 6-17-710

A.C.A. § 6-17-711

A.C.A. § 6-17-2806

A.C.A. § 6-17-2808

A.C.A. § 6-18-502(f)

A.C.A. § 6-18-514(f)

A.C.A. § 6-18-708

A.C.A. § 6-18-2004

A.C.A. § 6-18-2304

A.C.A. § 6-18-2308

A.C.A. § 6-18-2309

A.C.A. § 6-20-2204

A.C.A. § 6-20-2303 (16)

A.C.A. § 6-41-608

A.C.A. § 6-61-133

 

Date Adopted: 5/13/13

Last Revised: 6/20/22

3.7—LICENSED PERSONNEL BUS DRIVER DRUG TESTING

 

Definitions

 

“Clearinghouse” means the Federal Motor Carrier Safety Administration Commercial Driver's License Drug and Alcohol Clearinghouse.

 

“Database” means the Commercial Driver Alcohol and Drug Testing Database of the Office of Driver Services of the Arkansas Department of Finance and Administration.

 

“Safety-sensitive function” includes:

1. All time spent inspecting, servicing, and/or preparing the vehicle;
2. All time spent driving the vehicle;
3. All time spent loading or unloading the vehicle or supervising the loading or unloading of the vehicle; and
4. All time spent repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.

 

“School Bus” is a motorized vehicle that meets the following requirements:

1. Is designed to carry more than ten (10) passengers;
2. Is privately owned and operated for compensation, or which is owned, leased or otherwise operated by, or for the benefit of the District; and
3. Is operated for the transportation of students from home to school, from school to home, or to and from school events.

 

Scope of Policy

 

Each person hired for a position that allows or requires the employee to operate a school bus shall meet the following requirements:

1. The employee shall possess a current driver’s license authorizing the individual to operate the size school bus the individual is being hired to drive
2. Have undergone a physical examination, which shall include a drug test, by a licensed physician or advanced practice nurse within the past two years; and
3. A current valid certification of school bus driver in service training.

 

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;
• The employee submitting an electronic authorization through the Clearinghouse for the District to run a full query of the employee’s information in the Clearinghouse; and
• The employee’s signing a written authorization for the District to request information from:

• The Database; and
• Any U.S. Department of Transportation regulated employers who have employed the employee during any period during the two (2) years prior to the date of the employee’s application.

 

All employees who perform safety-sensitive functions shall annually submit a written authorization for the District to conduct a limited query of the employee’s information from the Clearinghouse. The District shall perform a limited query of all employees who perform safety-sensitive functions at least once each school year. If the District’s limited query of the Clearinghouse shows that information exists in the Clearinghouse that may prohibit the employee from performing safety-sensitive functions, the District shall conduct a full query of the Clearinghouse on the employee within twenty-four (24) hours of conducting the limited query. If the District is unable to conduct a full query within twenty-four (24) hours due to the twenty-four (24) hours falling on a weekend, holiday, or other day the District is closed or due to the failure of the employee to authorize the District to receive information resulting from the full query of the Clearinghouse, the employee shall not be permitted to perform any safety-sensitive function until the District conducts the full query and the results confirm that the employee’s Clearinghouse record contains no prohibitions on the employee performing safety-sensitive functions.

 

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”).

 

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:

1. Random tests;
2. Testing in conjunction with an accident;
3. Receiving a citation for a moving traffic violation; and
4. Reasonable suspicion.

 

Prohibitions

1. 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;
2. No driver shall use alcohol while performing safety-sensitive functions;
3. No driver shall perform safety-sensitive functions within four (4) hours after using alcohol;
4. 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;
5. No driver shall refuse to submit to an alcohol or drug test in conjunction with # 1, 2, and/or 4 above;
6. 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 who, with knowledge of the driver’s job responsibilities, 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;
7. 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.

 

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.

 

School bus drivers should be aware that refusal to submit to a drug test when the test is requested based on a reasonable suspicion can constitute grounds for criminal prosecution.

 

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 or electronically authorize 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.

 

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 twenty-four (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 no less than twenty-four (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.

 

Reporting Requirements

The District shall report the following information about an employee who performs safety-sensitive functions  to the Clearinghouse by the close of the third (3rd) business day following the date the District obtained the information:

1. An alcohol confirmation test result with an alcohol concentration of 0.04 or greater;
2. A negative return-to-duty test result;
3. A refusal to take an alcohol test;
4. A refusal to test determination; however, if the refusal to test determination is based on the employee’s admission of adulteration or substitution of the specimen, the District shall only report the admissions made to the specimen collector; and
5. A report that the driver has successfully completed all follow-up tests as prescribed in the Substance Abuse Professional report.

 

The District shall report the following violations for an employee who performs safety-sensitive functions by the close of the third (3rd) business day following the date the District obtains actual knowledge of:¹¹

1. On-duty alcohol use;
2. Pre-duty alcohol use;
3. Alcohol use following an accident; and
4. Controlled substance use.

 

Legal References:               A.C.A. § 6-19-108

A.C.A. § 6-19-119

A.C.A. 27-23-105

A.C.A. § 27-23-201 et seq.

A.C.A. § 27-51-1504

49 C.F.R. § part 40

49 C.F.R. § 382.101 – 605

49 C.F.R. § 382.701 et seq.

49 C.F.R. § 383.5

49 C.F.R. § 390.5

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: 5/12/14

Last Revised: 7/12/21

3.8—LICENSED PERSONNEL LEAVE

 

Sick Leave 3.8 (Was Section 1)

 

A. In compliance with Act 177 and 836 of 1975, and Act 391 of l979, Licensed personnel contracted for one hundred eighty  (180) to one hundred ninety-nine (199) days shall be allowed ten (10) days each year, cumulative to one hundred twenty (120), for sickness of the teacher or member of the immediate family and for which the full salary shall be paid.     Licensed personnel contracted for two hundred (200) to two hundred nineteen (219) days shall be allowed eleven (11) days, two hundred twenty (220) to two hundred thirty-nine (239) shall be allowed twelve (12) days, two hundred forty  and above shall be allowed thirteen (13) days per year, cumulative to one hundred twenty days (120). 

 

An accounting of days used and accumulated will be provided on salary checks every pay period.

 

Licensed personnel that accumulate the one hundred twenty (120) days will be paid current Licensed substitute pay per  day for the additional unused sick day credit at the end of each year. This pay will be added to the June payroll check.

 

Immediate family shall be defined as husband, wife, child, father, mother, brother, sister, grandparent, grandchild,  mother-in-law, father-in-law, sister-in-law, brother-in-law, or other member of the family living in the household of the teacher or other employee.

 

Deductions of 1/190 (9 months), 1/200 (10 months) and 1/240 (12 months) of the teacher's contracted salary shall be deducted for each day absent that is not covered by sick leave.

Adjustments for sick leave deductions will be made on the salary check received by the teacher on the month following the absence.

 

After an absence over three (3) days on each occasion, due to illness or injury, the teacher must provide the principal with a certificate from a physician that specifically lists the dates the teacher was unable to perform his or her duties.

 

Sick leave may be used to attend funerals of members of the immediate family.  Two (2) days are allowed for each occasion for local funerals.  For funerals of at least four hundred (400) miles from Lamar additional days may be considered with a letter or other communication. Immediate family is as defined above.  In the advent of the death of a husband, wife, child, father, mother, brother or sister, five consecutive days of sick leave will be allowed which may or  may not include the weekend.

 

During inclement weather when school buses run and school is conducted, teachers are expected to be present and may not be absent and have it charged against their sick leave unless actually sick.

 

One hundred twenty (120) days of accumulated sick leave may be transferred with teachers transferring into the Lamar system.  These must be confirmed by the previous superintendent and only from Arkansas public schools.

The school will pay Licensed personnel current Licensed substitute pay per day for accumulated sick leave upon retirement if employee is eligible to draw retirement at that time.

Other Conditions (Was Section 3)

A. Licensed personnel that accompany students on special school activities that are granted by the principal and/or superintendent shall receive full pay.

B. Leave of absence, without pay, shall be granted if it becomes necessary for a teacher of three (3) years service within the school system to be absent for up to two consecutive semesters.  The superintendent shall recommend to the Board that a leave of absence to be granted to such teacher for the period of time involved provided they could be replaced by  qualified personnel for that length of time.

C  For serious, incapacitating, catastrophic illness such as cancer, stroke, heart attack, and dangerous complications of childbirth requiring hospital confinement, etc., after the accumulated sick leave has been exhausted, the teacher shall continue to draw their salary less that which is paid to the substitute teacher for three (3) months but will be subject to the following conditions.

 

Shall not exceed the contracted salary (both substitute and teacher.)

Shall terminate if death ensures

Shall terminate at the end of the school year (June 30.)

If the teacher is re-elected for the next year, but is still incapacitated, pay less the substitutes compensation will continue

until the length of time is expended.

If the teacher takes early retirement, termination of extended sick leave is imperative (immediate).

If the teacher resigns, all salary shall be terminated with the exception of that which may have already been earned.

Must be Licensed by a physician as a catastrophic and incapacitating condition.

 

If you are a member of the catastrophic leave bank, you may request leave from the catastrophic leave bank first before using the leave (Section 3 C) mentioned above.  See 3.8 Section 7 for the Catastrophic Leave Bank.

 

D.  Any employee that has perfect attendance in a semester will receive a $200 bonus for that semester.  Perfect attendance is defined as not missing any sick or personal days and working the full semester.  Any dispute as to what constitutes perfect attendance will be determined by the Superintendent or his/her designee.  Perfect attendance bonuses will be paid in January and June.

 

Cross References:               3.18—LICENSED PERSONNEL OUTSIDE EMPLOYMENT

3.32—LICENSED PERSONNEL FAMILY MEDICAL LEAVE

3.44—LICENSED PERSONNEL WORKPLACE INJURIES AND WORKERS’ COMPENSATION

 

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

29 USC §§ 2601 et seq.

29 CFR part 825

 

Section that have been moved (2021-2022)

Section 2 – Licensed Personnel Leave – Injury From Assault (See 3.15)

Section 4 – LICENSED PERSONNEL FAMILY MEDICAL LEAVE (See 3.32)

Section 5 & 6– Licensed Personnel and Professional Leave (See 3.11)

 

Date Adopted: 5/13/13

Last Revised: 5/10/21

3.9—LICENSED PERSONNEL SICK LEAVE BANK

 

A catastrophic 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.  Members of the catastrophic leave bank will be able to use this leave first, after exhausting their personal accumulated days.

Definitions - "Employee" is a full-time employee of the District and is defined as working 20 hours or more per week with a combined total of 720 hours per school year. Employees working less than 20 hours per week and/or less than 720 hours per school year will not be eligible to receive leave.

"Catastrophic Sick Leave" is absence from work due to illness, whether by the employee or a member of the immediate family, or due to a death as an end result of the prolonged Illness or in conjunction with a prolonged illness in the family.  Immediate family includes Spouse, child, parent, or other family member living in the same household as the employee.

 

Catastrophic Illness or Injury" - A member of the catastrophic leave pool who experiences a life threatening illness or injury (or an immediate family member) that requires the employee to be absent from his/her position for an excessive period of 10 days or more (which may or may not be consecutive) may request sick leave days from the pool.

 

"Current Sick Leave" means those days of sick leave for the current contract year. Leave is granted at the rate of one day of sick leave per contracted month or major part thereof. All days for the new contract year are granted to the employee on the first contract day of the new school year.

"Accumulated Sick Leave" is the total of unused sick leave, up to a maximum of one hundred and twenty (120) days accrued from previous contract, but not used.

“Catastrophic Leave Pool Committee" - The Lamar School Personnel Catastrophic Sick Leave Pool will be administered by the elected members and school administrators serving on the Personnel Policy Committee and three participating members elected by the classified personnel. A chairman of the Catastrophic Pool Committee will be elected at the same time the committee elects a chairman and a recorder. (A Personnel Policy Committee member does not have to be a contributor to the leave pool to serve on the PPC or to assist in the PPC in making decisions concerning the catastrophic leave pool.) The superintendent and PPC. chairperson will always be on this committee.

 

  The Committee shall meet as necessary for the purpose of reviewing requests for withdrawal for the bank. The committee will consist of 9 members, four Licensed employees, one from each building, three classified and the superintendent and PPC chairperson.  Five or more members of the committee must be present in order to establish a quorum before a vote can be taken.  The vote of the committee will be taken by secret ballot and a simple majority is required before granting a request.

 

The Catastrophic Leave Pool Committee will grant requests for sick leave from the pool after consideration of circumstances and need. 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. The determination of the committee shall be final. The Superintendent will sign the approved request and insure that all FMLA paperwork is completed prior to disbursement of paid leave.

Enrollment  - An employee must have been with the Lamar School District for two years or have at least 20 sick leave days accrued if transferring from another district before becoming eligible for the sick leave pool.

Personnel wishing to voluntarily enroll in the sick leave pool must give written authorization to the district bookkeeper before September 30th of each contract year. After the September 30th deadline, members of the sick leave pool may not change their contribution and non-members will not be able to enroll until the next contract year unless the committee requests additional donations during the contract year. Newly hired personnel may join the sick leave pool only if they have 20 or more sick leave days accrued. The newly hired employee must give written notice within the first two weeks of employment to the district bookkeeper if he/she wants to enroll in the sick leave pool. Personnel who contribute to the pool will remain members until the Sick Leave Pool Committee requests an additional day. Days contributed will not be returned.

Contributions - Employees who want to become a member of the sick leave pool will donate one day of their sick leave to the pool. Additional days will only be donated if the bank runs out of days and the Sick Leave Pool Committee requests an additional donations. Days contributed will not be returned.

Withdrawals- For extended absences due to a catastrophic illness or injury to the employee or an immediate family member, sick leave from the pool may be granted only after all accrued sick leave days have been used and consideration is given to any compensation received by the pool member from other governmental agencies, or in conjunction with the Family Medical Leave Act.

Absences from work due to normal pregnancy or elective surgery will not make the employee eligible to withdraw from the sick leave bank.

A pool member who experiences a catastrophic illness or injury and has utilized all available days may request sick leave from the pool by written request or upon their return to their school duties. Requests for withdrawal from the bank must state the reason(s) for the requests and the number of days requested and must be accompanied by a detailed statement from an attending physician of the nature of the illness and the expected duration thereof. If the information provided to the committees 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.

Leave may be granted up to any amount of days per contract year for serious personal or family illness if approved by the majority of the committee. The Catastrophic Leave Pool Committee will make the final decision concerning the request.

A husband and wife who both work for the Lamar School District may not donate days exclusively to one another. They may however individually become members of the sick leave pool.

Adjustments for sick leave deductions will be made on the salary check received by the employee on the month following the approval of additional sick leave days by the committee. The adjustments are retroactive to the period granted by the "sick leave pool committee".

Legal Reference: A.C.A. § 6-17-1208

 

Date Adopted: 5/13/13

Last Revised: 5/10/21

 

3.10—LICENSED PERSONNEL PLANNING TIME

 

The superintendent is responsible for ensuring master schedules are created which determine the timing and duration of each teacher’s planning and scheduled lunch periods. 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. Teachers may not leave campus during their planning time without prior permission from their building level supervisor.

 

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.

 

Licensed Personnel Transfers    

A. Licensed personnel who are qualified in different subject areas and for different grade levels may transfer from one area to another with approval of the superintendent and the principals involved.

B. Licensed personnel already in the system may be given preference for a position vacancy.

 

Legal Reference: A.C.A. § 6-17-114 (a)(d)

 

 

Date Adopted: 5/13/13

Last Revised: 5/10/21

3.11—LICENSED PERSONNEL PERSONAL AND PROFESSIONAL LEAVE

 

Personnel Leave

A. Licensed personnel will receive two (2) days each year, cumulative to five (5) days that may be used for personal business.  Prior approval must be obtained from the building principal before personal leave can be taken.

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 than 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 district.

 

Notes:                   

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.

 

Legal Reference: A.C.A. § 6-17-211

                                                ACA § 6-17-114 (a)(d)

                                                A.C.A. § 6-17-1201 et seq.

                                                29 USC §§ 2601 et seq.

                                                29 CFR 825.100 et seq.

                                                A.C.A. § 6-17-1209

 

Date Adopted: 5/13/13

Last Revised: 5/10/21

3.12—LICENSED 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)

 

 

Legal References:               A.C.A. § 5-14-132

A.C.A. § 12-12-913 (g) (2)

Division of Elementary and Secondary Education Guidelines for “Megan’s Law”

 

 

Date Adopted: 5/13/13

Last Revised: 5/10/21

3.13—LICENSED 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 sick leave will be granted for the employee’s participation in such public office. The employee may take personal leave or vacation (if applicable), if approved in advance by the Superintendent, during his/her absence.

 

Prior to taking leave, and as soon as possible after the need for such leave is discerned by the employee, he or she 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/her employment contract.

 

 

Legal Reference: A.C.A. § 6-17-115

 

 

Date Adopted: 5/13/13

Last Revised: 5/10/21

3.14—LICENSED 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) of the summons to jury duty to his or her supervisor in order to confirm the reason for the requested absence.

 

Employees shall receive their regular pay from the district while serving jury duty.

 

Legal Reference: A.C.A. § 16-31-106

 

 

Date Adopted: 5/13/13

Last Revised: 5/10/21

3.15—LICENSED 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: 5/13/13

Last Revised: 5/10/21

3.16—LICENSED PERSONNEL REIMBURSEMENT FOR PURCHASE OF SUPPLIES/TRAVEL

 

A. Employees shall be reimbursed at the state rate 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. It is the responsibility of the employee to determine the appropriate supervisor from which he/she must obtain approval.

 

Employees shall be reimbursed for the actual expenses incurred for meals (original itemized receipts must be turned in, not copies) as per the following maximum daily rate of: $48.00.  The first and last day would be paid at 75% of the maximum daily rate.  Approved workshop registration fees and overnight lodging will be paid in full by the district.  Reimbursement claims must be made on forms provided by the District. (See Appendix)   

 

The $48.00 is an average for the current state per diem rates for Hot Springs, Little Rock, and all other cities in Arkansas which we currently use for reimbursement. Valet and/or paid parking will be reimbursed if required and a receipt is submitted. Room service, tips, personal telephone calls or faxes are not reimbursable expenses.

 

Tips or alcoholic beverages are not reimbursable expenses. Receipts turned in for reimbursement should exclude these items.

 

B. Pre-kindergarten 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 areavailable in the account.

 

C. 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 the superintendent a purchase order for supplies which will then be purchased on their behalf by the school and subtracted from their 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 $20 will be held until total receipts are equal to or greater than $20.  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 except to the extent they are used up or consumed or the purchased supplies and/or materials are intended/designed for use away from the school campus.

 

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

 

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

 

Date Adopted: 5/13/13

Effective Date: 7/01/13

 

 

 

 

3.17—LICENSED PERSONNEL CODE OF CONDUCT

 

Definitions

 

“Insubordination” means the willful disregard of a supervisor's instructions or the refusal to obey a lawful order from a supervisor. Insubordination does not mean the refusal to follow an order from a supervisor that would violate Federal or state law; Federal regulations; state rules; or a court order.

 

“Sexual harassment” means conduct on the basis of sex that may not reach the definition of sexual harassment under Policy 3.26 but is nevertheless inappropriate within the education setting. Examples of sexual harassment include, but are not limited to:

• Making sexual propositions or pressuring for sexual activities;
• Sexual grooming;
• Unwelcome touching;
• Writing graffiti of a sexual nature;
• Displaying or distributing sexually explicit drawings, pictures, or written materials;
• Performing sexual gestures or touching oneself sexually in front of others;
• Telling sexual or crude jokes;
• Spreading rumors related to a person’s alleged sexual activities;
• Discussions of sexual experiences;
• Rating, ranking, or assessing students or other employees as to:

• Physical attractiveness;
• Sexual activity or performance; or
• Sexual preference;

• Circulating or showing e-mails or Web sites of a sexual nature;
• Intimidation by words, actions, insults, or name calling; and
• Teasing or name-calling related to sexual characteristics or the belief or perception that an individual is not conforming to expected gender roles or conduct or is homosexual, regardless of whether or not the individual self-identifies as homosexual or transgender.

 

Employee actions that meet the definitions within this policy are prohibited.

 

In recognition of the level of trust placed in District employees, the duty of care District employees have towards their charges, and the need for District employees to model appropriate behavior for their charges, the District has, and will continue to hold, its employees to a high standard of behavior. Employees whose actions are determined to be in violation of the provisions of this policy, another personnel policy, the Division of Elementary and Secondary Education Rules Governing the Code of Ethics for Arkansas Educators, or criminal conduct that statutorily prohibits employment by a school district may be recommended for discipline up to and including termination of the employee’s contract for employment. In addition to other forms of discipline, conduct in violation of the Rules may be reported to the Professional Licensure Standards Board.

 

 

Note:      This policy is similar to Policy 8.45. If you change this policy, review Policy 8.45 at the same time to ensure applicable consistency between the two.

 

 

Legal References:               A.C.A. § 6-17-301

A.C.A. § 6-17-410

A.C.A. § 6-17-411

A.C.A. § 6-17-1501 et seq.

DESE Rules Governing the Code of Ethics for Arkansas Educators

 

 

Date Adopted: 5/9/22

Last Revised:

 

 

3.18—LICENSED 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 or her 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.

 

When a licensed employee is additionally employed by the District in either a classified capacity or by a contract to perform supplementary duties for a stipend or multiplier, the duties, expectations, and obligations of the primary licensed position employment contract shall prevail over all other employment duties unless the needs of the district dictate otherwise. If there is a conflict between the expectations of the primary licensed position and any other contracted position, the licensed employee shall notify the employee's building principal as far in advance as is practicable. The building principal shall verify the existence of the conflict by contacting the supervisor of the secondary contracted position. The building principal shall determine the needs of the district on a case-by-case basis and rule accordingly. The principal's decision is final with no appeal to the Superintendent or the School Board. Frequent conflicts or scheduling problems could lead to the non-renewal or termination of the classified contract of employment or the contract to perform the supplementary duties.

 

Sick Leave and Outside Employment

 

Sick leave related absence from work (e.g. sick leave for personal or family illness or accident, Workers Comp, and FMLA) inherently means the employee is also incapable of working at any source of outside employment. Except as provided in policy 3.44, if an employee who works a non-district job while taking district sick leave for personal or family illness or accident, Workers Comp, or FMLA shall be subject to discipline up to and including termination.

 

 

Cross References:               3.8—LICENSED PERSONNEL SICK LEAVE

3.32—LICENSED PERSONNEL FAMILY MEDICAL LEAVE

3.44—LICENSED PERSONNEL WORKPLACE INJURIES AND WORKERS’ COMPENSATION

 

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

 

Date Adopted: 5/13/13

Last Revised: 5/10/21

3.19—LICENSED PERSONNEL EMPLOYMENT

 

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

 

If the employee provides false or misleading information, or if he/she withholds information to the same effect, it may be grounds for dismissal. In particular, it will be considered a material misrepresentation and grounds for termination of contract of employment if an employee’s licensure status is discovered to be other than as it was represented by an employee or applicant, either in writing on application materials or in the form of verbal assurances or statements made to the school district.

 

It is grounds for termination of contract of employment if an employee fails a criminal background check or receives a true report on the Child Maltreatment Central Registry check.

 

All teachers who begin employment in the 2023-2024 school year and each school year thereafter shall demonstrate proficiency or awareness in knowledge and practices in scientific reading instruction as is applicable to their teaching position by completing the prescribed proficiency or awareness in knowledge and practices of the scientific reading instruction credential either as a condition of licensure or within one (1) year for teachers who are already licensed or employed as a teacher under a waiver from licensure.

 

Before the superintendent may make a recommendation to the Board that an individual be hired by the District, the superintendent shall check the Arkansas Educator Licensure System to determine if the individual has a currently suspended or revoked teaching license. An individual with a currently suspended license or whose license has been revoked by the State Board of Education is not eligible to be employed by the District; this prohibition includes employment as a substitute teacher, whether directly employed by the District or providing substitute teaching services under contract with an outside entity.

 

The District is an equal opportunity employer and shall not discriminate on the grounds of race, color, religion, national origin, sex, pregnancy, sexual orientation, gender identity, age, disability, or genetic information.

 

Inquiries on nondiscrimination may be directed to Superintendent, who may be reached at 479-885-3907.

 

Any person may report sex discrimination, including sexual harassment, to the Title IX Coordinator in person or by using the mailing address, telephone number, or email address provided above. A report may be made at any time, including during non-business hours, and may be on the individual’s own behalf or on behalf of another individual who is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment.

 

For further information on notice of non-discrimination or to file a complaint, visit https://www2.ed.gov/about/offices/list/ocr/complaintintro.html for the address and phone number of the office that serves your area, or call 1-800-421-3481.

 

In accordance with Arkansas law, the District provides a veteran preference to applicants who qualify for one of the following categories:

1. A veteran without a service-connected disability;
2. A veteran with a service-connected disability; and
3. A deceased veteran’s spouse who is unmarried throughout the hiring process.

 

For purposes of this policy, “veteran” is defined as:

1. A person honorably discharged from a tour of active duty, other than active duty for training only, with the armed forces of the United States; or
2. Any person who has served honorably in the National Guard or reserve forces of the United States for a period of at least six (6) years, whether or not the person has retired or been discharged.

 

In order for an applicant to receive the veteran preference, the applicant must be a citizen and resident of Arkansas, be substantially equally qualified as other applicants, and do all of the following:

1. Indicate on the employment application the category the applicant qualifies for;
2. Attach the following documentation, as applicable, to the employment application:

• Form DD-214 indicating honorable discharge;
• A letter dated within the last six months from the applicant’s command indicating years of service in the National Guard or Reserve Forces as well as the applicant’s current status;
• Marriage license;
• Death certificate;
• Disability letter from the Veteran’s Administration (in the case of an applicant with a service-related disability).

 

Failure of the applicant to comply with the above requirements shall result in the applicant not receiving the veteran preference; in addition, meeting the qualifications of a veteran or spousal category does not guarantee either an interview or being hired.

 

 

A.C.A. § 21-3-302 covers the requirements for giving a veteran preference during the application, interview, and hiring processes. The statute does not require districts to use a particular scoring method to demonstrate giving a preference and districts can continue using the system they have previously been using. However, A.C.A. § 21-3-302 and A.C.A. § 21-3-303 require districts be able to demonstrate that any qualifying applicant was given a preference during the entire application, interview, and hiring processes.

 

If a veteran who is not hired requests, the district must provide the veteran with his/her base score, adjusted score, and the successful candidate's score. While there is no statutorily required method, ASBA suggests districts use a numerical scoring rubric for the entire hiring process. The use of such a rubric makes it easy to demonstrate a preference was given as you can point to where qualifying applicants received additional points. Districts that don't use a numerical scoring method are required, upon a veteran's request, to provide all documentation allowed to be released under FOIA to the veteran to demonstrate how the preference was used to develop the list of qualified candidates to be interviewed and to select the person actually hired.

 

Legal References:               Division of Elementary and Secondary Education Rules Governing Background Checks

A.C.A. § 6-17-301

A.C.A. § 6-17-410

A.C.A. § 6-17-411

A.C.A. § 6-17-428

A.C.A. § 6-17-429

A.C.A. § 21-3-302

A.C.A. § 21-3-303

28 C.F.R. § 35.106

29 C.F.R. part 1635

34 C.F.R. § 100.6

34 C.F.R. § 104.8

34 C.F.R. § 106.8

34 C.F.R. § 106.9

34 C.F.R. § 108.9

34 C.F.R. § 110.25

 

Date Adopted: 5/9/16

Last Revised: 5/9/22

3.20—LICENSED PERSONNEL REIMBURSEMENT OF TRAVEL EXPENSES

 

See 3.16

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3.21—LICENSED PERSONNEL USE OF TOBACCO, ELECTRONIC NICOTINE DELIVERY SYSTEMS, AND RELATED PRODUCTS

 

Smoking or use of tobacco or products containing tobacco in any form (including, but not limited to, cigarettes, cigars, chewing tobacco, and snuff) in or on any real property owned or leased by a District school, including school buses owned or leased by the District, or other school vehicles is prohibited.

 

With the exception of recognized tobacco cessation products, this policy’s prohibition includes any tobacco or nicotine delivery system or product. Specifically, the prohibition includes any product that is manufactured, distributed, marketed, or sold as e-cigarettes, e-cigars, e-pipes, or under any other name or descriptor.

 

 

Legal Reference: A.C.A. § 6-21-609

 

 

Date Adopted: 5/13/13

Last Revised: 5/10/21

3.22—DRESS OF LICENSED EMPLOYEES

 

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

 

 

Date Adopted: 5/13/13

Last Revised: 5/10/21

3.23—LICENSED PERSONNEL POLITICAL ACTIVITY

 

Employees are free to engage in political activity outside of work hours 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:

1. Using students for preparation or dissemination of campaign materials;
2. Distributing political materials;
3. Distributing or otherwise seeking signatures on petitions of any kind;
4. Posting political materials; and
5. Discussing political matters with students, in the classroom, in other than circumstances appropriate to the Frameworks and/or the curricular goals and objectives of the class.

 

 

Legal References:               A.C.A. § 6-16-122

A.C.A. § 7-1-103

A.C.A. § 7-1-111

 

 

Date Adopted: 5/13/13

Last Revised: 5/10/21

3.24—LICENSED PERSONNEL DEBTS

 

For the purposes of this policy, "garnishment" of a district employee is when the employee has lost a lawsuit to a judgment creditor who brought suit against a school district employee for an unpaid debt, has been awarded money damages as a result, and these damages are recoverable by filing a garnishment action against the employee’s wages. For the purposes of this policy, the word “garnishment” excludes such things as child support, student loan or IRS liens or voluntary deductions levied against an employee’s wages.

 

All employees are expected to meet their financial obligations. If an employee writes “hot” checks or has his/her income garnished by a judgment creditor, 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/she or his/her 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.

 

 

Date Adopted: 5/13/13

Last Revised: 5/10/21

3.25—LICENSED PERSONNEL GRIEVANCES

 

ARTICLE VIII - COMPLAINT AND GRIEVANCE PROCEDURE

 

The purpose of this policy is to provide an orderly process for employees to resolve, at the lowest level, their

 concerns related to the personnel policies or salary payments of this district.

 

Grievance: a claim or concern raised by an individual employee of this school district related to the interpretation, application, or claimed violation of the personnel policies, including salary schedules; federal laws and regulations; state laws and rules; or terms or conditions of employment. 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.

 

A grievance may be filed as a group grievance if it meets the following criteria:

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.

 

An employee is any person employed under a written contract by this school district.

 

An immediate supervisor is the person immediately superior to an employee who directs and supervises the

work of that employee.

 

 A day is a calendar day, unless otherwise specified.   A working day is a 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.

 

The grievance process has four (4) levels:

 

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 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 - Upon receipt of a Level Two Grievance Form, the building principal or superintendent (hereinafter "recipient") will have ten working days to schedule a conference with the employee filing 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.  After the conference, the recipient 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 (if appropriate) or appealed to the Board of Education within five (5) days of the conference, the matter will be considered resolved and the employee shall have no further right with respect to said grievance.

 

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 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.  After the conference, the superintendent will have ten working days in which to deliver a written response to the grievance to the employee.

 

Level 4 - An employee who remains unsatisfied by the written response of the superintendent may appeal the superintendent's decision to the Board 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 board president, with a copy sent to the superintendent.  if the grievance is not appealed to the Board of Directors within five 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 a grievance.  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 not to be grievable, the matter shall be considered closed.  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 that 90 minutes to present his/her grievance 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 related to grievances will be filed separately and will not be kept in, or made part of, the personnel file of any employee.

 

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. (See appendix for form.)

 

The Lamar School District utilizes the chain of authority for the processing of complaints, problems or grievances of parents concerning discipline and grades of their children.  In order to satisfactorily alleviate the problem, the following procedure shall be followed:

 

In problems concerning grades, which a teacher has recorded for student and the parent wants an explanation of the grade, desires to know how to help the student or the parent is abusive or irritated, the teacher shall refer the parent to the building principal. The principal shall arrange a conference between the parent and the teacher concerned.  In the teacher-parent conference, the teacher shall provide explanations, substantiate grades and provide the parent with methods and materials, which may strengthen the student.

 

In cases in which the parent is irate or abusive to the teacher concerning grades recorded or discipline rendered, the teacher shall refer the parent to the principal.  The principal shall arrange a conference between the parent, the teacher involved and, when necessary, the student.  In cases of this nature, the principal shall also be present.

If the parent is not satisfied with the teacher's and principal's explanations, the parent may request to discuss the problem with the superintendent and the others involved.

 

Teachers are not required to talk either directly or by telephone to parents who are irate, abusive, threatening of using foul language.  They should be referred to the principal.  Letters or notes from the parents with the same nature or attitude are not to be answered other than to refer them to the principal.

 

Elsewhere in the Lamar School Board Policies, the procedure to address the School Board concerning such matters is detailed; however, basically the parent must write a letter requesting to address the Board.  The letter must name the names of the teacher, principal, and all others involved and specifically state the complaint, problem or grievance.  The letter is to be sent to the president of the Board of Education in care of the president or the superintendent at least seven (7) days prior to the next regular meeting.  If the complaint is of an immediate nature, the parent may request a special meeting from the president of the Board of Directors.  The president may or may not comply with the request.

 

Legal References:               A.C.A. § 6-17-208, 210

 

Date Adopted: 5/13/13

Effective Date: 7/30/2019

 

 

 

 

 

 

 

3.25F—LICENSED PERSONNEL LEVEL TWO GRIEVANCE FORM

 

Name: _______________________________________________

 

Date submitted to supervisor: ____________

 

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:

3.26—LICENSED PERSONNEL SEXUAL HARASSMENT

 

The Lamar School District is committed to providing an academic and work environment that treats all students and employees 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 and work environment and will not be tolerated.

 

The District believes the best policy to create an educational and work environment free from sexual harassment is prevention; therefore, the District shall provide informational materials and training to students, parents/legal guardians/other responsible adults, and employees on sexual harassment. The informational materials and training on sexual harassment shall be age appropriate and, when necessary, provided in a language other than English or in an accessible format. The informational materials and training shall include, but are not limited to:

• the nature of sexual harassment;
• The District’s written procedures governing the formal complaint  grievance process;
• The process for submitting a formal complaint of sexual harassment;
• That the district does not tolerate sexual harassment;
• That students and employees can report inappropriate behavior of a sexual nature without fear of adverse consequences;
• The supports that are available to individuals suffering sexual harassment; and
• The potential discipline for perpetrating sexual harassment.

 

Definitions

“Complainant” means an individual who is alleged to be the victim of conduct that could constitute sexual harassment.

 

“Education program or activity” includes locations, events, or circumstances where the District exercised substantial control over both the respondent and the context in which the sexual harassment occurs.

 

“Formal complaint” means a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting an investigation of the allegation of sexual harassment.

 

“Respondent” means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.

 

“Sexual harassment” means conduct on the basis of sex that satisfies one or more of the following:

1. A District employee:

1. Conditions the provision of an aid, benefit, or service of the District on an individual’s participation in unwelcome sexual conduct; or
2. Uses the rejection of unwelcome sexual conduct as the basis for academic decisions affecting that individual;

2. The conduct is:

1. Unwelcome; and
2. Determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the District’s education program or activity; or
3. Constitutes:
4. Sexual assault;
5. Dating violence
6. Domestic violence; or
7. Stalking.

 

“Supportive measures” means individualized services that are offered to the complainant or made available to the respondent designed to restore or preserve equal access to the District’s education program or activity without unreasonably burdening the other party. The supportive measures must be non-disciplinary and  non-punitive in nature; offered before or after the filing of a formal complaint or where no formal complaint has been filed; and offered to either party as appropriate, as reasonably available, and without fee or charge. Examples of supportive measures include, but are not limited to: measures designed to protect the safety of all parties or the District’s educational environment, or deter sexual harassment; counseling; extensions of deadlines or other course-related adjustments; modifications of work or class schedules; campus escort services; mutual restrictions on contact between the parties; changes in work or class locations; leaves of absence; and increased security and monitoring of certain areas of the campus.

 

Within the educational environment, sexual harassment is prohibited between any of the following: students; employees and students; non-employees and students; employees; and 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 and may occur regardless of the sex(es) of the individuals involved. Depending upon such circumstances, examples of sexual harassment include, but are not limited to:

• Making sexual propositions or pressuring for sexual activities;
• Unwelcome touching;
• Writing graffiti of a sexual nature;
• Displaying or distributing sexually explicit drawings, pictures, or written materials;
• Performing sexual gestures or touching oneself sexually in front of others;
• Telling sexual or crude jokes;
• Spreading rumors related to a person’s alleged sexual activities;
• Discussions of sexual experiences;
• Rating other students or employees as to sexual activity or performance;
• Circulating or showing e-mails or Web sites of a sexual nature;
• Intimidation by words, actions, insults, or name calling; and
• Teasing or name-calling related to sexual characteristics or the belief or perception that an individual is not conforming to expected gender roles or conduct or is homosexual, regardless of whether or not the individual self-identifies as homosexual or transgender.

Employees who believe they have been subjected to sexual harassment are encouraged to submit a report to their immediate supervisor, an administrator, or the Title IX coordinator. 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 sexual harassment. If the District staff member who received a report of alleged sexual harassment is not the Title IX Coordinator, then the District staff person shall inform the Title IX Coordinator of the alleged sexual harassment. As soon as reasonably possible after receiving a report of alleged sexual harassment from another District staff member or after receiving a report directly through any means, the Title IX Coordinator shall contact the complainant to:

• Discuss the availability of supportive measures;
• Consider the complainant’s wishes with respect to supportive measures;
• Inform the complainant of the availability of supportive measures with or without the filing of a formal complaint; and
• explain to the complainant the process for filing a formal complaint.

 

 

Supportive Measures

The District shall offer supportive measures to the complainant and make supportive measures available to the respondent that are designed to restore or preserve equal access to the District’s education program or activity without unreasonably burdening the other party before or after the filing of a formal complaint or where no formal complaint has been filed. The District shall provide the individualized supportive measures to the complainant unless declined in writing by the complainant and shall make available individualized supportive measures that are non-disciplinary and non-punitive to the respondent. A complainant who initially declined the District’s offer of supportive measures may request supportive measures at a later time and the District shall provide individualized supportive measures based on the circumstances when the subsequent request is received.

 

Formal Complaint

A formal complaint may be filed with the Title IX Coordinator in person, by mail, or by email. Upon receipt of a formal complaint, a District shall simultaneously provide the following written notice to the parties who are known:

• Notice of the District’s grievance process and a copy of the procedures governing the grievance process;
• Notice of the allegations of sexual harassment including sufficient details known at the time and with sufficient time to prepare a response before any initial interview. Sufficient details include:

• The identities of the parties involved in the incident, if known;
• The conduct allegedly constituting sexual harassment; and
• The date and location of the alleged incident, if known;

• A statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process;
• That the parties may have an advisor of their choice, who may be, but is not required to be, an attorney;
• That the parties may inspect and review evidence relevant to the complaint of sexual harassment; and
• That the District’s personnel policies and code of conduct prohibits knowingly making false statements or knowingly submitting false information during the grievance process.

 

If, in the course of an investigation, the District decides to investigate allegations about the complainant or respondent that are not included in the previous notice, the District shall simultaneously provide notice of the additional allegations to the parties whose identities are known.

 

The District may consolidate formal complaints of allegations of sexual harassment where the allegations of sexual harassment arise out of the same facts or circumstances and the formal complaints are against more than one respondent; or by more than one complainant against one or more respondents; or by one party against the other party. When the District has consolidated formal complaints so that the grievance process involves more than one complainant or more than one respondent, references to the singular “party”, “complainant”, or “respondent” include the plural, as applicable.

 

When investigating a formal complaint and throughout the grievance process, a District shall:

• Ensure that the burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rest on the District and not on the parties;
• Not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege or access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party unless the District obtains the parent, legal guardian, or other responsible adult of that party’s voluntary, written consent or that party’s voluntary, written consent if the party is over the age of eighteen (18) to do so for the grievance process;
• Provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence;
• Not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence;
• Provide the parties with the same opportunities to have others present during any grievance proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney, and not limit the choice or presence of advisor for either the complainant or respondent in any meeting or grievance proceeding;
• Provide, to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings, with sufficient time for the party to prepare to participate;
• Provide both parties an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint so that each party can meaningfully respond to the evidence prior to the conclusion of the investigation ; this includes evidence:

• Whether obtained from a party or other source,;
• The District does not intend to rely upon in reaching a determination regarding responsibility; and
• That is either Inculpatory or exculpatory; and

• Create an investigative report that fairly summarizes relevant evidence.

 

At least ten (10) days prior to completion of the investigative report, the District shall send to each party and the party’s advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy. The parties shall have at least ten (10) days to submit a written response to the evidence. The investigator will consider the written responses prior to completion of the investigative report. All evidence subject to inspection and review shall be available for the parties’ inspection and review at any meeting to give each party equal opportunity to refer to such evidence during the meeting.

 

After the investigative report is sent to the parties, the decision-maker shall:

• Provide each party the opportunity to submit written, relevant questions that a party wants asked of any party or witness;
• Provide each party with the answers;
• Allow for additional, limited follow-up questions from each party; and
• Provide an explanation to the party proposing the questions any decision to exclude a question as not relevant. Specifically, questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.

 

No earlier than ten (10) days following the completion of the investigation period, the decision-maker, who cannot be the same person as the Title IX Coordinator or the investigator, shall issue a written determination regarding responsibility. The written determination shall include—

1. Identification of the allegations potentially constituting sexual harassment;
2. A description of the procedural steps taken from the receipt of the formal complaint through the determination, including:

1. Any notifications to the parties;
2. Interviews with parties and witnesses;
3. site visits;
4. Methods used to gather other evidence,; and
5. Hearings held;

3. Findings of fact supporting the determination;
4. Conclusions regarding the application of the District’s personnel policies or code of conduct to the facts;
5. A statement of, and rationale for, the result as to each allegation, including:

1. A determination regarding responsibility;
2. Any disciplinary sanctions imposed on the respondent; and
3. Whether remedies designed to restore or preserve equal access to the District’s education program or activity will be provided by the District to the complainant; and

6. The procedures and permissible bases for the complainant and respondent to appeal.

 

The written determination shall be provided to the parties simultaneously. The determination regarding responsibility shall become final on the earlier of:

• If an appeal is not filed, the day after the period for an appeal to be filed expires; or
• If an appeal is filed, the date the written determination of the result of the appeal is provided to the parties.

 

The District shall investigate the allegations in a formal complaint. If the conduct alleged in the formal complaint would not constitute sexual harassment as defined in this policy even if proved; did not occur in the District’s education program or activity; or did not occur against a person in the United States, then the District shall dismiss the complaint as not meeting the definition of sexual harassment under this policy. A dismissal for these reasons does not preclude action under another provision of the District’s personnel policies or code of conduct.

 

The District may dismiss the formal complaint or any allegations therein, if at any time during the grievance process:

• The complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations therein;
• The respondent is no longer enrolled at the District; or
• Specific circumstances prevent the District from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.

 

Upon the dismissal of a formal complaint for any reason, the District shall promptly send written notice of the dismissal and reason(s) for the dismissal simultaneously to the parties.

 

The District may hire an individual or individuals to conduct the investigation or to act as the determination-maker when necessary.

 

Appeals

Either party may appeal a determination regarding responsibility or from a dismissal of a formal complaint or any allegations therein, on the following bases:

1. The existence of a procedural irregularity that affected the outcome of the matter;
2. Discovery of new evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter;
3. The Title IX Coordinator, investigator, or decision-maker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter; or
4. An appeal of the disciplinary sanctions from the initial determination.

 

For all appeals, the District shall:

1. Notify the other party in writing when an appeal is filed;
2. Simultaneously Provide all parties a written copy of the District’s procedures governing the appeal process;
3. Implement appeal procedures equally for both parties;
4. Ensure that the decision-maker for the appeal is not the same person as the decision-maker that reached the original determination regarding responsibility or dismissal, the investigator, or the Title IX Coordinator;
5. Provide all parties a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome;
6. Issue a written decision describing the result of the appeal and the rationale for the result; and
7. Provide the written decision simultaneously to both parties.

 

Confidentiality

Reports of sexual harassment, both informal reports and formal complaints, will be treated in a confidential manner to the extent possible. Limited disclosure may be provided to:

• individuals who are responsible for handling the District’s investigation and determination of responsibility to the extent necessary to complete the District’s grievance process;
• Submit a report to the child maltreatment hotline;
• Submit a report to the Professional Licensure Standards Board for reports alleging sexual harassment by an employee towards a student; or
• The extent necessary to provide either party due process during the grievance process.

 

Except as listed above, the District shall keep confidential the identity of:

• Any individual who has made a report or complaint of sex discrimination;
• Any individual who has made a report or filed a formal complaint of sexual harassment;
• Any complainant;
• Any individual who has been reported to be the perpetrator of sex discrimination;
• Any respondent; and
• Any witness.

 

Any supportive measures provided to the complainant or respondent shall be kept confidential to the extent that maintaining such confidentiality does not impair the ability of the District to provide the supportive measures.

 

Administrative Leave

The District may place a non-student employee respondent on administrative leave during the pendency of the District’s grievance process.

 

Retaliation Prohibited

Employees who submit a report or file a formal complaint of sexual harassment,; testified; assisted; or participate or refused to participate in any manner in an investigation, proceeding, or hearing on sexual harassment shall not be subjected to retaliation or reprisal in any form, including threats; intimidation; coercion; discrimination; or charges for personnel policy violations that do not involve sex discrimination or sexual harassment, arise out of the same facts or circumstances as a report or formal complaint of sex discrimination, and are made for the purpose of interfering with any right or privilege under this policy. The District shall take steps to prevent retaliation and shall take immediate action if any form of retaliation occurs regardless of whether the retaliatory acts are by District officials, students, or third parties.

 

Disciplinary Sanctions

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. Following the completion of the District’s grievance process, any employee who is found by the evidence to more likely than not have engaged in sexual harassment will be subject to disciplinary action up to, and including, termination. No disciplinary sanction or other action that is not a supportive measure may be taken against a respondent until the conclusion of the grievance process.

 

Employees who knowingly fabricate allegations of sexual harassment or purposely provide inaccurate facts shall be subject to disciplinary action up to and including termination. A determination that the allegations do not rise to the level of sexual harassment alone is not sufficient to conclude that any party made a false allegation or materially false statement in bad faith.

 

Records

The District shall maintain the following records for a minimum of seven (7) years:

• Each sexual harassment investigation including:
• Any determination regarding responsibility;
• any disciplinary sanctions imposed on the respondent;
• Any remedies provided to the complainant designed to restore or preserve equal access to the District’s education program or activity;
• Any appeal and the result therefrom;
• All materials used to train Title IX Coordinators, investigators, and decision-makers;
• Any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment, which must include:

• The basis for the District’s conclusion that its response was not deliberately indifferent; and
• Document:

• If supportive measures were provided to the complainant, the supportive measures taken designed to restore or preserve equal access to the District’s education program or activity; or
• If no supportive measures were provided to a complainant, document the reasons why such a response was not clearly unreasonable in light of the known circumstances.

 

 

 

Cross References:               3.19—LICENSED PERSONNEL EMPLOYMENT

4.27—STUDENT SEXUAL HARASSMENT

5.20—DISTRICT WEBSITE

7.15—RECORD RETENTION AND DESTRUCTION

8.20—CLASSIFIED PERSONNEL SEXUAL HARASSMENT

 

 

Legal References:               20 USC 1681 et seq.

34 C.F.R. Part 106

A.C.A. § 6-15-1005

A.C.A. § 6-18-502

A.C.A. § 12-18-102

 

 

Date Adopted: 5/13/13

Last Revised: 5/9/22

3.27—LICENSED 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 faculty supervision of students throughout the school day and at extracurricular activities.

 

 

Date Adopted: 5/10/21

Last Revised: 5/10/21

 

3.28—LICENSED PERSONNEL COMPUTER USE POLICY

 

The Lamar 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 District Information Technology Security Officer 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 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.

 

 

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

20 USC 6777

47 USC 254(h)

A.C.A. § 6-21-107

A.C.A. § 6-21-111

 

 

Date Adopted: 5/13/13

Last Revised: 5/10/21

 

3.28F—LICENSED PERSONNEL EMPLOYEE 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 laws and regulations and all state laws and rules. 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 to and including termination.

 

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

1. Using the Internet for any activities deemed lewd, obscene, vulgar, or pornographic as defined by prevailing community standards;
2. Using abusive or profane language in private messages on the system; or using the system to harass, insult, or verbally attack others;
3. Posting anonymous messages on the system;
4. Using encryption software other than when required by the employee’s job duties;
5. Wasteful use of limited resources provided by the school including paper;
6. Causing congestion of the network through lengthy downloads of files other than when required by the employee’s job duties;
7. Vandalizing data of another user;
8. Obtaining or sending information that could be used to make destructive devices such as guns, weapons, bombs, explosives, or fireworks;
9. Gaining or attempting to gain unauthorized access to resources or files;
10. Identifying oneself with another person’s name or password or using an account or password of another user without proper authorization;
11. Using the network for financial or commercial gain without district permission;
12. Theft or vandalism of data, equipment, or intellectual property;
13. Invading the privacy of individuals other than when required by the employee’s job duties;
14. Using the Internet for any illegal activity, including computer hacking and copyright or intellectual property law violations;
15. Introducing a virus to, or otherwise improperly tampering with, the system;
16. Degrading or disrupting equipment or system performance;
17. Creating a web page or associating a web page with the school or school district without proper authorization;
18. Attempting to gain access or gaining access to student records, grades, or files of students not under their jurisdiction;
19. Providing access to the District’s Internet Access to unauthorized individuals;
20. Taking part in any activity related to Internet use that creates a clear and present danger of the substantial disruption of the orderly operation of the district or any of its schools;
21. Making unauthorized copies of computer software;
22. Personal use of computers during instructional time; or
23. Installing software on district computers without prior approval of the Information Technology Security Officer or his/her designee except for District technology personnel as part of their job duties.

 

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 _____________

 

 

Date Adopted: 5/13/13

Last Revised: 7/01/13

3.29—LICENSED PERSONNEL SCHOOL CALENDAR

 

The superintendent shall present to the personnel policies committee (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 District shall not establish a school calendar that interferes with any scheduled statewide assessment that might jeopardize or limit the valid assessment and comparison of student learning gains.

 

The School District shall operate by the following calendar.

Legal References:               A.C.A. § 6-15-2907(f)

A.C.A. § 6-17-201

DESE Rules Governing the Arkansas Educational Support and Accountability Act

 

 

Date Adopted: 5/13/13

Last Revised: 5/10/21

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Lamar School District Calendar

3.30—PARENT-TEACHER COMMUNICATION

 

The district recognizes the importance of communication between teachers and parents/legal guardians. To help promote positive communication, parent/teacher conferences shall be held once each semester. Parent-teacher conferences are encouraged and may be requested by parents or guardians when they feel they need to discuss their child’s progress with his/her teacher.

 

Teachers are required to communicate during the school year with the parent(s), legal guardian(s), or care-giving adult or adults in a student’s home to discuss the student’s academic progress unless the student has been placed in the custody of the Department of Human Services and the school has received a court order prohibiting parent or legal guardian participation in parent/teacher conferences. More frequent communication is required with the parent(s) or legal guardian(s) of students who are performing below grade level. 

 

All parent/teacher conferences shall be scheduled at a time and place to best accommodate those participating in the conference. Each teacher shall document the participation or non-participation of parent(s)/legal guardian(s) for each scheduled conference.

 

If a student is to be retained at any grade level or denied course credit, notice of, and the reasons for retention shall be communicated promptly in a personal conference if at all possible.

 

 

 

Legal References:               Standards For Accreditation 5-A.1

A.C.A. § 6-15-1702(b)(3)(B)(ii)

 

 

Date Adopted: 5/13/13

Last Revised: 7/01/13

3.31—DRUG FREE WORKPLACE  LICENSED PERSONNEL

 

The Lamar School district is dedicated to providing a drug free workplace for all employees. The District also recognizes that the problem of the use, possession, and sale of illegal drugs by employees may extend to the workplace and requires both attention and action by everyone.

 

When it has been established that an employee possesses or is under the influence of illegal drugs or other materials expressly prohibited by federal, state, or local laws, or of any mind altering non-prescribed substances while he/she is on school property, at school functions, or on official school business, he/she will be subject to probation, suspension with or without pay, or dismissal. The employee may be reported to legal authorities.  Each incident shall be considered individually by the School Board. 

 

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

 

Date Adopted: 5/13/13

Effective Date: 7/01/13

 

3.31F--CERTIFICATION

 

I, hereby certify that I have been presented with a copy of the Lamar School 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.

 

ADD

As required by Section 5145 of the Drug Free Schools and Communities Act as added by Section 22 of the Drug Free Schools and Communities Act  Amendments of 1987  (PL 101-226).

 

I certify that I will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance while working on any Lamar School District property or engaging in a school function.

 

I further certify that I have received a copy of Lamar School District’s statement regarding the Drug Free Workplace Act of 1988.

 

I also certify that I have received the materials informing me about:

 

The dangers of drug abuse in the workplace.

The Lamar School District Policy of maintaining a drug –free workplace.

Drug counseling and drug rehabilitation assistance programs available in this area.

The penalties that may be imposed by Lamar School District upon employees for drug abuse violations in the workplace.

 

 

Signature _________________________________________________, Date __________________

 

Date Adopted: 5/13/13

Effective Date: 5/10/21

3.32—LICENSED PERSONNEL FAMILY MEDICAL LEAVE

 

The Family and Medical Leave Act (FMLA) offers job protection for leave that might otherwise be considered excessive absences. Employees need to carefully comply with this policy to ensure they do not lose FMLA protection due to inaction or failure to provide the District with needed information. The FMLA provides up to twelve (12)work weeks (or, in some cases, twenty-six (26)weeks) of job-protected leave to eligible employees with absences that qualify under the FMLA. While an employee can request FMLA leave and has a duty to inform the District, as provided in this policy, of foreseeable absences that may qualify for FMLA leave, it is the District’s ultimate responsibility to identify qualifying absences as FMLA or non-FMLA. FMLA leave is unpaid, except to the extent that paid leave applies to any given absence as governed by the FMLA and this policy. 

 

SECTION ONE – FMLA LEAVE GENERALLY

 

Definitions

“Eligible Employee” is an employee who has:

1. Been employed by the District for at least twelve (12) months, which are not required to be consecutive; and
2. Performed at least 1250 hours of service during the twelve (12) month period immediately preceding the commencement of the leave.

 

“FMLA” is the Family and Medical Leave Act

 

“Health Care Provider” means:

1. A doctor of medicine or osteopathy who is authorized to practice medicine or surgery (as appropriate) by the State in which the doctor practices;
2. Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X–ray to exist) authorized to practice in the State and performing within the scope of their practice as defined under State law;
3. Nurse practitioners, nurse-midwives, clinical social workers and physician assistants who are authorized to practice under State law and who are performing within the scope of their practice as defined under State law;
4. Christian Science Practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts. Where an employee or family member is receiving treatment from a Christian Science practitioner, an employee may not object to any requirement from an employer that the employee or family member submit to examination (though not treatment) to obtain a second or third certification from a health care provider other than a Christian Science practitioner except as otherwise provided under applicable State or local law or collective bargaining agreement; or
5. Any other person determined by the U.S. Secretary of Labor to be capable of providing health care services.

 

“Instructional Employee” is an employee whose principal function is to teach and instruct students in a class, a small group, or an individual setting and includes athletic coaches, driving instructors, preschool teachers, and special education assistants such as signers for the hearing impaired. The term does not include, and the special rules related to the taking of leave near the end of a semester do not apply to: teacher assistants or aides who do not have as their principal job actual teaching or instructing, administrators, counselors, librarians, psychologists, and curriculum specialists.

 

“Intermittent leave” is FMLA leave taken in separate blocks of time due to a single qualifying reason. A reduced leave schedule is a leave schedule that reduces an employee’s usual number of working hours per workweek, or hours per workday. A reduced leave schedule is a change in the employee’s schedule for a period of time, normally from full-time to part-time.

 

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

 

“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. This term does not include parents “in-law.”

 

“Serious Health Condition” is an injury, illness, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential medical facility or continuing treatment by a health care provider.

 

“Son or daughter”, for numbers 1, 2, or 3 below: is a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age eighteen (18), or age eighteen (18)or older and “incapable of self-care because of a mental or physical disability” at the time that FMLA leave is to commence.

 

“Year” the twelve (12) month period of eligibility shall begin on July first of each 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 and Medical Leave Act of 1993, as amended, shall govern.

 

Leave Eligibility

The District will grant up to twelve (12) weeks of leave in a year in accordance with the FMLA, as amended, to its eligible employees for one or more of the following reasons:

1. Because of the birth of a son or daughter of the employee and in order to care for such son or daughter;
2. Because of the placement of a son or daughter with the employee for adoption or foster care;
3. To care for the spouse, son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition;
4. Because of a serious health condition that makes the employee unable to perform the functions of the position of such employee; and
5. Because of any qualifying exigency arising out of the fact that the spouse, son, daughter, or parent of the employee is on covered active duty (or has been notified of an impending call or order to covered active duty) in the Armed Forces. (See Section Two)
6. To care for a spouse, child, parent or next of kin who is a covered service member with a serious illness or injury. (See Section Two)

 

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.

 

A legally married couple who are both eligible employees employed by the District may not take more than a combined total of twelve (12)weeks of FMLA leave for reasons 1, 2, or to care for a parent under number 3.

 

Provisions Applicable to both Sections One and Two

 

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.

 

Designation Notice to Employee

When an employee requests FMLA leave or the District determines that an employee’s absence may be covered under the FMLA, the District shall provide written notice within five (5) business days (absent extenuating circumstances) to the employee of the District’s determination of his/her eligibility for FMLA leave. If the employee is eligible, the District may request additional information from the employee and/or certification from a health care provider to help make the applicability determination. After receiving sufficient information as requested, the District shall provide a written notice within five (5) business days (absent extenuating circumstances) to the employee of whether the leave qualifies as FMLA leave and will be so designated.

 

If the circumstances for the leave don’t change, the District is only required to notify the employee once of the determination regarding the designation of FMLA leave within any applicable twelve (12) month period.

 

Employees who receive notification that the leave request does not qualify under the FMLA are expected to return to work; further absences that are not otherwise excused could lead to discipline for excessive absences, or termination for job abandonment.

 

Concurrent Leave Under the FMLA

All FMLA leave is unpaid unless substituted by applicable accrued leave. The District requires employees to substitute any applicable accrued leave (in the order of sick, personal, or vacation leave as may be applicable) for any period of FMLA leave.

 

An employee who does not have enough accrued leave to cover the number of days of FMLA leave taken shall not have his/her number of contract days altered because some of the FMLA leave taken was unpaid.

 

Working at another Job while Taking FMLA for Personal or Family Serious Medical Condition

No employee on FMLA leave for their own serious medical condition may perform work at another, non-district job while on FMLA leave.  Except as provided in policy 3.44, employees who do perform work at another, non-district job while on FMLA leave for their own serious medical condition will be subject to discipline, which could include termination or nonrenewal of their contract of employment.

 

No employee on FMLA leave for the serious medical condition of a family member may perform work at another, non-district job while on FMLA leave.  Employees who do perform work at another, non-district job while on FMLA leave for the serious medical condition of a family member will be subject to discipline, which could include termination or nonrenewal of their contract of employment.

 

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. Additionally, if the District makes a change to its health insurance benefits or plans that apply to other employees, the employee on FMLA leave must be afforded the opportunity to access additional benefits and/or the same responsibility for changes to premiums. Any changes made to a group health plan that apply to other District employees, must also apply to the employee on FMLA leave. The District will notify the employee on FMLA leave of any opportunities to change plans or benefits. 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 his/her 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.

 

The District has the right to pay an employee’s unpaid insurance premiums during the employee’s unpaid FMLA leave to maintain the employee’s coverage during his/her leave. The District may recover the employee's share of any premium payments missed by the employee for any FMLA leave period that the District maintains health coverage for the employee by paying his/her share. Such recovery shall be made by offsetting the employee’s debt through payroll deductions or by other means against any monies owed the employee by the District.

 

An employee who chooses to not continue group health plan coverage while on FMLA leave is entitled to be reinstated on the same terms as prior to taking the leave, including family or dependent coverages, without any qualifying period, physical examination, exclusion of pre-existing conditions, etc.

 

If an employee gives unequivocal notice of an 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 the employee was entitled has expired, the District may recover the premiums it paid to maintain health care coverage unless:

1. 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
2. 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

Unless circumstances exist beyond the employee’s control, the employee shall inform the district every two (2) weeks¹⁰ during FMLA leave of his/her current status and intent to return to work.

 

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. Specifically, upon returning from FMLA leave, a teacher may be assigned to another position that is not necessarily the same as the teacher’s former job assignment. The employee may not be restored to a position requiring additional licensure or certification.

 

The employee’s right to return to work and/or to the same or an equivalent position does not supersede any actions taken by the District, such as conducting a RIF, that the employee would have been subject to had the employee not been on FMLA leave at the time of the District’s actions.

 

Leave Acquired Through Fraud

If it is discovered that an employee engaged in fraud or otherwise provided the District with documentation that includes a material misrepresentation of fact in order to receive FMLA leave, the District may discipline the employee up to and including termination.

 

Provisions Applicable to Section One

 

Employee Notice to District

 

Foreseeable Leave

When the need for leave is foreseeable for reasons 1 through 4 listed above, the employee shall provide the District with at least thirty (30) days' notice, before the date the leave is to begin, of the employee's intention to take leave for the specified reason. An eligible employee who has no reasonable excuse for his/her failure to provide the District with timely advance notice of the need for FMLA leave may have his/her FMLA coverage of such leave delayed until thirty (30)days after the date the employee provides notice.

 

If there is a lack of knowledge of approximately when the leave will be required to begin, a change in circumstances, or an emergency, notice must be given as soon as 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 need for leave is for reasons 3 or 4 listed above, the eligible 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.

 

If the need for FMLA leave is foreseeable less than thirty (30) days in advance, the employee shall notify the District as soon as practicable. If the employee fails to notify as soon as practicable, the District may delay granting FMLA leave for the number of days equal to the difference between the number of days in advance that the employee should have provided notice and when the employee actually gave notice.

 

Unforeseeable Leave

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, fax, email, or other electronic means. If the eligible employee fails to notify the District as required, unless the failure to comply is justified by unusual circumstances, the FMLA leave may be delayed or denied.

 

Medical Certification

Second and Third Opinions: In any case where the District has reason to doubt the validity of the initial 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, either orally or in writing, the employee obtain a recertification in connection with the employee’s absence, at the employee’s expense, no more often than every thirty (30) days unless one or more of the following circumstances apply:

• The original certification is for a period greater than thirty (30) days. In this situation, the District may require a recertification after the time of the original certification expires, but in any case, the District may require a recertification every six (6) months.
• 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 within fifteen (15) calendar days after the District’s request.

 

No second or third opinion on a recertification may be required.

 

The District may deny FMLA leave if an eligible employee fails to provide a requested certification. 

 

Substitution of Paid Leave

When an employee’s leave has been designated as FMLA leave for reasons 1 (as applicable), 2, 3, or 4 above, the District requires employees to substitute accrued sick, vacation, or personal leave for the period of FMLA leave.

 

To the extent the employee has accrued paid vacation or personal leave, any leave taken that qualifies for FMLA leave for reasons 1 or 2 above shall be paid leave and charged against the employee’s 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 be charged for any paid leave accrued by the employee at the rate necessary to bring the total amount of combined income up to 100% of usual contracted daily rate of pay. 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.” As a result, the employee may lose his/her workers’ compensation payments, but 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.

 

Return to Work

If the District’s written designation determination that the eligible employee’s leave qualified as FMLA leave under reason 4 above stated that the employee would have to provide a “fitness-for-duty” certification from a health care provider for the employee to resume work, the employee must provide such certification prior to returning to work. The employee’s failure to do so voids the District’s obligation to reinstate the employee under the FMLA and the employee shall be terminated.

 

If the District’s written designation determination that the eligible employee’s leave qualified as FMLA leave under reason 4 above stated that the employee would have to provide a “fitness-for-duty” certification from a health care provider for the employee to resume work and the designation determination listed the employee’s essential job functions, the employee must provide certification that the employee is able to perform those functions prior to returning to work. The employee’s failure to do so or his/her inability to perform his/her job’s essential functions voids the District’s obligation to reinstate the employee under the FMLA and the employee shall be terminated.

 

Failure to Return to Work

In the event that an employee is unable or fails to return to work within FMLA's leave timelines, 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 his/her contract.

 

Intermittent or Reduced Schedule Leave

To the extent practicable, employees requesting intermittent or reduced schedule leave shall provide the District with not less than thirty (30)days' notice, before the date the leave is to begin, of the employee's intention to take 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 the request of the employee. If the District agrees to permit an employee to take intermittent or reduced schedule leave for such reasons, the agreement shall be consistent with this policy’s requirements governing intermittent or reduced schedule leave. The employee may be transferred temporarily during the period of scheduled intermittent or reduced leave to an alternative position that the employee is qualified for and that better accommodates recurring periods of leave than does the employee's regular position. The alternative position shall have equivalent pay and benefits but does not have to have equivalent duties.

 

Eligible employees may take intermittent or reduced schedule FMLA leave due to reasons 3 or 4 listed above when the medical need is best accommodated by such a schedule. The eligible employee shall make 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.

 

When granting leave on an intermittent or reduced schedule for reasons 3 or 4 above that is foreseeable based on planned medical treatment, the District may temporarily transfer non-instructional, eligible employees for the period of scheduled intermittent or reduced leave to an alternative position that the employee is qualified for and that better accommodates recurring periods of leave than does the employee's regular position. The alternative position shall have equivalent pay and benefits but does not have to have equivalent duties. When the employee is able to return to full-time work, the employee shall be placed in the same or equivalent job as he/she had when the leave began. The employee will not be required to take more FMLA leave than necessary to address the circumstances requiring the need for the leave.

 

If an eligible employee who meets the definition of an instructional employee requests intermittent or reduced schedule leave for reasons 3 or 4 above that is foreseeable based on planned medical treatment and the employee would be on leave for greater than twenty percent (20%) 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:

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

 

If the employee chooses to transfer to an alternative position, the alternative position shall have equivalent pay and benefits but does not have to have equivalent duties. When the employee is able to return to full-time work, the employee shall be placed in the same or equivalent job as he/she had when the leave began. The employee will not be required to take more FMLA leave than necessary to address the circumstances requiring the need for the leave.

 

An eligible instructional employee who needs intermittent leave or leave on a reduced leave schedule for reasons 3 or 4 above may not be transferred to an alternative position during the period of the employee's intermittent or reduced leave schedule if, based on the foreseeable planned medical treatment, the employee would be on leave for twenty percent (20%) or less of the total number of working days over the period the leave would extend.

 

Instructional employees are not required to request intermittent leave when the instructional employee’s FMLA leave spans a period when school is closed, such as for winter, spring, or summer breaks; in addition, the time the school is closed is not counted when calculating the amount of FMLA leave the instructional employee has used.

 

Leave taken by eligible instructional employees near the end of the semester

In any of the following scenarios, if the District chooses to require the eligible, instructional employee to stay on leave until the end of the semester, only the portion of the leave until the employee is ready and able to return to work shall be charged against the employee’s FMLA leave entitlement. The required non-FMLA leave will not be considered excessive absenteeism.

 

Leave more than five (5) weeks prior to end of the semester

If the eligible, instructional employee begins leave, due to reasons 1 through 4 listed above, more than five (5)weeks prior to the end of the academic term, the District may require the employee to continue taking leave until the end of the semester, if:

1. The leave is of at least three (3)weeks duration; and
2. The return to employment would occur during the three (3) week period before the end of the semester.

 

Leave less than five (5) weeks prior to end of the semester

If the eligible, instructional employee begins leave, due to reasons 1, 2, or 3 listed above, during the period that commences five (5)weeks prior to the end of the academic term, the District may require the employee to continue taking leave until the end of the semester, if:

1. The leave is of greater than two (2)weeks duration; and
2. The return to employment would occur during the two (2) week period before the end of the semester.

 

Leave less than three (3) weeks prior to end of the semester

If the eligible, instructional employee begins leave, due to 1, 2, or 3 listed above, during the period that commences three (3)weeks prior to the end of the semester and the duration of the leave is greater than five (5) working days, the District may require the employee to continue to take leave until the end of the semester.

 

SECTION TWO - FMLA LEAVE CONNECTED TO MILITARY SERVICE

 

Leave Eligibility

The FMLA provision of military associated leave is in two categories. Each one has some of its own definitions and stipulations. Therefore, they are dealt with separately in this Section of the policy. Definitions different than those in Section One are included under the respective reason for leave. Definitions that are the same as in Section One are NOT repeated in this Section.

 

QUALIFYING EXIGENCY

An eligible employee may take FMLA leave for any qualifying exigency arising out of the fact that the spouse, son, daughter, or parent of the employee is on covered active duty (or has been notified of an impending call or order to covered active duty) in the Armed Forces. Examples include issues involved with short-notice deployment, military events and related activities, childcare and school activities, the need for financial and legal arrangements, counseling, rest and recuperation, post-deployment activities, and other activities as defined by federal regulations.

 

Definitions

“Covered active duty” means:

• in the case of a member of a regular component of the Armed Forces, duty during deployment of the member with the armed forces to a foreign country; and
• in the case of a member of a reserve component of the Armed Forces, duty during deployment of the member with the armed forces to a foreign country under a call to order to active duty under a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code.

 

“Son or daughter on active duty or call to active duty status” means the employee's biological, adopted, or foster child, stepchild, legal ward, or a child for whom the employee stood in loco parentis, who is on active duty or call to active duty status, and who is of any age.

 

Certification

The District may require the eligible employee to obtain certification to help the district determine if the requested leave qualifies for FMLA leave for the purposes of a qualifying exigency. The District may deny FMLA leave if an eligible employee fails to provide the requested certification.

 

Employee Notice to District

 

Foreseeable Leave

When the necessity for leave for any qualifying exigency is foreseeable, whether because the spouse, son, daughter, or parent of the employee is on covered active duty, or because of notification of an impending call or order to covered active duty, the employee shall provide such notice to the District as is reasonable and practicable regardless of how far in advance the leave is foreseeable. 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.

 

Unforeseeable Leave

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, fax, email, or other electronic means. If the eligible employee fails to notify the District as required unless the failure to comply is justified by unusual circumstances, the FMLA leave may be delayed or denied.

 

Substitution of Paid Leave

When an employee’s leave has been designated as FMLA leave for any qualifying exigency, the District requires employees to substitute accrued vacation, or personal leave for the period of FMLA leave.

 

Intermittent or Reduced Schedule Leave

Eligible employees may take intermittent or reduced schedule leave for any qualifying exigency. The employee shall provide the district with as much notice as is practicable.

 

Leave taken by an eligible instructional employee more than five (5) weeks prior to end of the semester

If an eligible, instructional employee begins leave due to any qualifying exigency more than five (5)weeks prior to the end of the semester, the District may require the employee to continue taking leave until the end of the semester, if:

1. The leave is of at least three (3)weeks duration; and
2. The return to employment would occur during the three (3) week period before the end of the semester.

 

If the District chooses to require the eligible, instructional employee to stay on leave until the end of the semester, only the portion of the leave until the employee is ready and able to return to work shall be charged against the employee’s FMLA leave entitlement.

 

SERIOUS ILLNESS

An eligible employee is eligible for leave to care for a spouse, child, parent or next of kin who is a covered servicemember with a serious illness or injury under the following conditions and definitions.

 

Definitions

“Covered Servicemember” is:

1. A member of the Armed Forces, including a member of the National Guard or Reserves, who is 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; or
2. A veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of five (5) years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy.

 

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

1. A military medical treatment facility as an outpatient; or
2. A unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients.

 

“Parent of a covered servicemember” is a covered servicemember’s biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the covered servicemember. This term does not include parents “in law.”

 

“Serious Injury or Illness”:

1. In the case of 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 (or existed before the beginning of the member’s active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating; and
2. In the case of a veteran who was a member of the Armed Forces, including a member of the National Guard of Reserves, at any time during a period as a covered service member defined in this policy, it means a qualifying (as defined by the U.S. Secretary of Labor) injury or illness that was incurred by the member in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran.

 

“Son or daughter of a covered servicemember” means a covered servicemember's biological, adopted, or foster child, stepchild, legal ward, or a child for whom the covered servicemember stood in loco parentis, and who is of any age.

 

“Year”, for leave to care for the serious injury or illness of a covered service member, the twelve (12) month period begins on the first day the eligible employee takes FMLA leave to care for a covered servicemember and ends twelve (12) months after that date.

 

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 twenty-six (26)weeks of leave during one twelve (12) month period to care for the service member who has a serious injury or illness as defined in this policy. An eligible employee who cares for such a covered service member continues to be limited for reasons 1 through 4 in Section One and for any qualifying exigency to a total of twelve (12)weeks of leave during a year as defined in this policy. For example, an eligible employee who cares for such a covered service member for sixteen (16)weeks during a twelve (12)month period could only take a total of ten (10)weeks for reasons 1 through 4 in Section One and for any qualifying exigency. An eligible employee may not take more than twelve (12)weeks of FMLA leave for reasons 1 through 4 in Section One and for any qualifying exigency regardless of how little leave the eligible employee may take to care for a spouse, child, parent or next of kin who is a covered servicemember with a serious illness or injury.

 

If a legally married couple are both eligible employees employed by the District, the legally married couple are entitled to a combined total of twenty-six (26) weeks of leave during one twelve (12) month period to care for their spouse, son, daughter, parent, or next of kin who is a covered service member with a serious injury or illness, as defined in this policy. The leave taken by a legally married couple who care for such a covered service member continues to be limited to a total of twelve (12) weeks of FMLA leave for reasons 1 through 4 in Section One and for any qualifying exigency during a year, as defined in this policy, regardless of whether or not the legally married couple uses less than a combined total of fourteen (14) weeks to care for a covered service member with a serious injury or illness; moreover, the legally married couple’s twelve (12) weeks are combined when taken for reasons 1, 2, or to care for a parent under reason 3 in Section One.

For example, a legally married couple who are both eligible employees and who care for such a covered service member for sixteen (16) weeks during a twelve (12) month period could:

1. Each take up to ten (10) weeks for reason 4 in section 1 or a qualifying exigency;
2. Take a combined total of ten (10) weeks for reasons 1, 2, or to care for a parent under reason 3 in Section One; or
3. Take a combination of numbers 1 and 2 that totals ten (10) weeks of leave.

 

Medical Certification

The District may require the eligible employee to obtain certification of the covered service member’s serious health condition to help the District determine if the requested leave qualifies for FMLA leave. The District may deny FMLA leave if an eligible employee fails to provide the requested certification.

 

Employee Notice to District

 

Foreseeable Leave

When the need for leave to care for a spouse, child, parent or next of kin who is a covered servicemember with a serious illness or injury is clearly foreseeable at least thirty (30) days in advance, the employee shall provide the District with no less than thirty (30)days’ notice before the date the employee intends for the leave to begin for the specified reason. An eligible employee who has no reasonable excuse for his/her failure to provide the District with timely advance notice of the need for FMLA leave may have his/her FMLA coverage of such leave delayed until thirty (30)days after the date the employee provides notice.

 

If the need for FMLA leave is foreseeable less than thirty (30)days in advance, the employee shall notify the District as soon as practicable. If the employee fails to notify as soon as practicable, the District may delay granting FMLA leave for an amount of time equal to the difference between the length of time that the employee should have provided notice and when the employee actually gave notice. 

 

When the need for leave is to care for a spouse, child, parent or next of kin who is a covered servicemember with a serious illness or injury, 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.

 

Unforeseeable Leave

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, fax, email, or other electronic means. If the eligible employee fails to notify the District as required, unless the failure to comply is justified by unusual circumstances, the FMLA leave may be delayed or denied.

 

Substitution of Paid Leave

When an employee’s leave has been designated as FMLA leave to care for a spouse, child, parent or next of kin who is a covered servicemember with a serious illness or injury, the District requires employees to substitute accrued sick, vacation, or personal leave for the period of FMLA leave.

 

Intermittent or Reduced Schedule Leave

To the extent practicable, employees requesting intermittent or reduced schedule leave to care for a spouse, child, parent or next of kin who is a covered servicemember with a serious illness or injury shall provide the District with at least thirty (30) days' notice, before the date the leave is to begin, of the employee's intention to take leave.

 

Eligible employees may take intermittent or reduced schedule FMLA leave to care for a spouse, child, parent or next of kin who is a covered servicemember with a serious illness or injury when the medical need is best accommodated by such a schedule. The eligible employee shall make 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.

 

When granting leave on an intermittent or reduced schedule to care for a spouse, child, parent or next of kin who is a covered servicemember with a serious illness or injury that is foreseeable based on planned medical treatment, the District may temporarily transfer non-instructional eligible employees for the period of scheduled intermittent or reduced leave to an alternative position that the employee is qualified for and that better accommodates recurring periods of leave than does the employee's regular position. The alternative position shall have equivalent pay and benefits but does not have to have equivalent duties. When the employee is able to return to full-time work, the employee shall be placed in the same or equivalent job as he/she had when the leave began. Specifically, upon returning from FMLA leave, an employee may be assigned to another position that is not necessarily the same as the employee's former job assignment. The employee will not be required to take more FMLA leave than necessary to address the circumstances requiring the need for the leave.

 

If an eligible employee who meets the definition of an instructional employee requests intermittent or reduced schedule leave to care for a spouse, child, parent or next of kin who is a covered servicemember with a serious illness or injury that is foreseeable based on planned medical treatment and the employee would be on leave for greater than twenty percent (20%)of the total number of working days in the period during which the leave would extend, the District may require the employee to choose either to:

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

 

If the employee chooses to transfer to an alternative position, the alternative position shall have equivalent pay and benefits but does not have to have equivalent duties. When the employee is able to return to full-time work, the employee shall be placed in the same or equivalent job as he/she had when the leave began. Specifically, upon returning from FMLA leave, a teacher may be assigned to another position that is not necessarily the same as the teacher’s former job assignment. The employee will not be required to take more FMLA leave than necessary to address the circumstances that required the need for the leave.

 

An eligible instructional employee, who needs intermittent leave or leave on a reduced leave schedule leave to care for a spouse, child, parent or next of kin who is a covered servicemember with a serious illness or injury, may not be transferred to an alternative position during the period of the employee's intermittent or reduced leave schedule if, based on the foreseeable planned medical treatment, the employee would be on leave for twenty percent (20%)or less of the total number of working days over the period the leave would extend.

 

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

In any of the following scenarios, if the district chooses to require the eligible, instructional employee to stay on leave until the end of the semester, only the portion of the leave until the employee is ready and able to return to work shall be charged against the employee’s FMLA leave entitlement. The excess non-FMLA leave will not be considered excessive absenteeism. 

 

Leave more than five (5) weeks prior to end of the semester

If the eligible, instructional employee begins leave, for any qualifying exigency or to care for a spouse, child, parent or next of kin who is a covered servicemember with a serious illness or injury more than five (5) weeks prior to the end of the semester, the District may require the employee to continue taking leave until the end of the semester, if:

1. The leave is of at least three (3)weeks duration; and
2. The return to employment would occur during the three (3) week period before the end of the semester.

 

Leave less than five (5) weeks prior to end of the semester

If the eligible, instructional employee begins leave to care for a spouse, child, parent or next of kin who is a covered servicemember with a serious illness or injury during the period that commences five (5)weeks prior to the end of the semester, the District may require the employee to continue taking leave until the end of the semester, if:

1. The leave is of greater than two (2)weeks duration; and
2. The return to employment would occur during the two (2) week period before the end of the semester.

 

Leave less than three (3) weeks prior to end of the semester

If the eligible, instructional employee begins leave to care for a spouse, child, parent or next of kin who is a covered servicemember with a serious illness or injury during the period that commences three (3) weeks prior to the end of the semester and the duration of the leave is greater than five (5) working days, the District may require the employee to continue to take leave until the end of the semester.

 

 

Cross References:   3.8—LICENSED PERSONNEL SICK LEAVE

3.18—LICENSED PERSONNEL OUTSIDE EMPLOYMENT

3.44—LICENSED PERSONNEL WORKPLACE INJURIES AND WORKERS’ COMPENSATION

 

Legal References:               29 USC §§ 2601 et seq.

29 CFR part 825

 

 

 

29 CFR 825.113 - 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 inpatient care as defined in § 825.114 or continuing treatment by a health care provider as defined in § 825.115.

 

(b) The term “incapacity” means inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment therefore, or recovery therefrom.

 

(c) The term “treatment” 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. 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.

 

(d) 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 or allergies may be serious health conditions, but only if all the conditions of this section are met.

 

29 CFR 825.114 - Inpatient Care

Inpatient care means an overnight stay in a hospital, hospice, or residential medical care facility, including any period of incapacity as defined in § 825.113(b), or any subsequent treatment in connection with such inpatient care

 

29 CFR 825.115 - Continuing Treatment

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

 

(a) Incapacity and treatment. A period of incapacity of more than three consecutive, full calendar days, and any subsequent treatment or period of incapacity relating to the same condition, that also involves:

(1) Treatment two or more times, within 30 days of the first day of incapacity, unless extenuating circumstances exist, by a health care provider, by a nurse 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

(2) 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.

(3) The requirement in paragraphs (a)(1) and (2) of this section for treatment by a health care provider means an in-person visit to a health care provider. The first (or only) in-person treatment visit must take place within seven days of the first day of incapacity.

 

(4) Whether additional treatment visits or a regimen of continuing treatment is necessary within the 30-day period shall be determined by the health care provider.

(5) The term “extenuating circumstances” in paragraph (a)(1) of this section means circumstances beyond the employee's control that prevent the follow-up visit from occurring as planned by the health care provider. Whether a given set of circumstances are extenuating depends on the facts. For example, extenuating circumstances exist if a health care provider determines that a second in-person visit is needed within the 30-day period, but the health care provider does not have any available appointments during that time period.

(b) Pregnancy or prenatal care. Any period of incapacity due to pregnancy, or for prenatal care. See also § 825.120.

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

(1) Requires periodic visits (defined as at least twice a year) for treatment by a health care provider, or by a nurse under direct supervision of a health care provider;

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

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

(d) Permanent or long-term conditions. 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.

(e) Conditions requiring multiple treatments. 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, for:

(1) Restorative surgery after an accident or other injury; or

(2) A condition that would likely result in a period of incapacity of more than three consecutive, full calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), or kidney disease (dialysis).

(f) Absences attributable to incapacity under paragraph (b) or (c) of this section qualify for FMLA leave even though the employee or the covered 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 consecutive, full calendar 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.

 

Date Adopted: 5/13/13

Last Revised: 5/10/21

 

 

 

 

 

 

 

 

3.32.1—LICENSED PERSONNEL COVID EMERGENCY LEAVE

 

The District provides up to an additional Fifteen¹ (15) days of paid leave for its employees (For the School Year) who meet both of the following requirements:

1. The employee:

1. Is ordered by the District, a medical professional, or the Arkansas Department of Health (ADH) to quarantine or isolate due to COVID-19 for one of the following reasons:

1. Testing positive for COVID-19;
2. Experiencing COVID-19 symptoms and seeking a medical diagnosis; or
3. Is a probable close contact or close contact.; or

2. Needs to care for a dependent who is subject to a quarantine or isolation order; and

2. The employee’s job duties are not able to be performed remotely.

 

The employee is responsible for providing the District proof that the employee or the employee’s dependent has received a quarantine or isolation order. The proof may be in any of the following forms, as applicable:

• A positive test result;
• Proof of receipt of a PCR test;
• A written quarantine or isolation order from the employee’s or the employee’s dependent’s treating physician, the ADH, or the District’s Point Of Contact (POC); or
• Written notification of close contact or potential close contact status from ADH, the District POC, or another district’s POC if the close contact is from another district.

 

In addition to other appropriate documentation, employees who intend to take leave under this policy due to the need to care for a dependent must submit a written statement indicating the relationship with the dependent, the dependent’s age, and that the employee is the only individual capable of caring for the dependent.

 

Upon notification that an employee has received a quarantine or isolation order, The District shall review whether the employee has applicable leave remaining under the Families First Coronavirus Response Act (FFCRA) and this policy.

• If an employee has applicable leave under the FFCRA and this policy:

• The District shall use available leave under the FFCRA first
• The District shall use the employee’s available FFCRA leave until the earlier of the expiration of the quarantine or isolation order or the exhaustion of the employee’s FFCRA leave;
• The District shall automatically switch the employee to use leave under this policy, if available, should the employee’s quarantine or isolation order last longer than the employee’s FFCRA leave; and
• The District shall automatically switch the employee to another form of applicable District provided paid leave, if available, should the employee’s quarantine or isolation order last longer than the employee’s available leave under the FFCRA or this policy.

• If an employee has applicable leave under the FFCRA or this policy but not both:

• The District shall use the employee’s available leave until the earlier of the expiration of the quarantine or isolation order or the exhaustion of the employee’s available leave; and
• The District shall automatically switch the employee to another form of applicable District provided paid leave, if available,² should the employee’s quarantine or isolation order last longer than the employee’s available leave under the FFCRA or this policy.

• If an employee has no leave remaining under this policy or applicable leave under the FFCRA, then the District shall use another form of applicable District provided paid leave, if available.

 

An employee who receives COVID Emergency Leave shall be paid the employee’s full daily rate of pay for up to fifteen¹ (15) days. The fifteen¹ (15) days of COVID Emergency Leave may, but is not required to, run consecutively. An employee shall not have days charged against the number the employee is eligible for under this policy for days when the employee is not expected to perform duties, such as holidays.³ The fifteen¹ (15) days of paid leave provided under this policy shall be used for eligible leave before other forms of District provided paid leave are used, including sick leave, personal leave, and vacation.

 

An employee’s eligibility to receive paid leave under this policy expires on June 30, 2023.

 

 

Notes:    ¹ The funding provided by Commissioner’s Memo COM-21-014 expired on December 18, 2020; however, DESE has authorized districts to continue providing the leave but districts will be required to use local or Federal funds to cover the leave. Districts may choose to have the number of days eligible for an employee consider the number of days an employee used in the Fall or may choose to provide all employees a new round of paid days. Be sure to specify your choice in the policy adoption motion. Commissioner’s Memo COM-21-061 does not set a maximum number of days that a district may choose to offer employees under this policy so the ten (10) days included in the policy is only a suggestion.

 

² If you choose to reset the number of days your employees have available under this policy, remove this clause.

 

³ AN employee’s quarantine or isolation period may fall at such a time period that part of the quarantine or isolation period is on days when the school would ordinarily be closed for paid holidays. The remaining COVID Emergency Leave days that were not used due to the holiday would continue to be available should the employee be ordered into another quarantine or to isolate unless one of the Policy’s sunset provisions was triggered before the new quarantine or isolation order.

 

 

Cross References:               3.8—LICENSED PERSONNEL SICK LEAVE

3.11—LICENSED PERSONNEL PERSONAL AND PROFESSIONAL LEAVE

3.32—LICENSED PERSONNEL FAMILY MEDICAL LEAVE ACT

 

 

Legal References:               Commissioner’s Memo COM-21-061

29 C.F.R. Part 826

 

Date Adopted: 7/12/21

Last Revised: 6/20/22

 

 

 

3.33—ASSIGNMENT OF EXTRA DUTIES FOR LICENSED PERSONNEL

 

A. Extracurricular duties are considered a normal part of teacher's work and it will be necessary for all teachers to share them.

 

B.  From time to time, extra duties may be assigned to Licensed personnel by the school principal or the superintendent as circumstances dictate.

 

C. Licensed personnel shall not be assigned to sponsor an extra-curricular activity without being consulted by the principal and shall not be asked to sponsor more than one (1) such type of activity unless they volunteer to do so.

 

D. Licensed personnel will not be assigned non-teaching duties before or after school without their permission except in cases of emergency. 

 

E. Teachers who accept non-teaching duties on a continuing basis shall be compensated for such duties.  An exception to this is school ground duty before and after school when school buses make double runs.

 

F. Assignments of non-teaching duties, faculty committee appointments, and extra-curricular activities should be equitably distributed and rotated where preferences of teachers overlap.

 

G. Extra duties will be compensated according to the supplemental salary schedule.

     SEE APPENDIX

 

H. Clubs and their sponsors may work the concession stand for a monetary payment per night as determined by the administration.                              

 

 

 

Legal Reference: A.C.A. § 6-17-201

 

Date Adopted: 5/13/13

Effective Date: 7/01/13

 

 

 

 

 

 

 

 

 

 

 

 

3.34—LICENSED PERSONNEL CELL PHONE USE

 

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

 

District staff shall not be given cell phones or computers for any purpose other than their specific use associated with school business. School employees who use school issued cell phones and/or computers for non-school purposes, except as permitted by District policy, shall be subject to discipline, up to and including termination. School employees who are issued District cell phones due to the requirements of their position may use the phone for personal use on an “as needed” basis provided it is not during instructional time.

 

Except when authorized in Policy 3.51—SCHOOL BUS DRIVER’S USE OF MOBILE COMMUNICATION DEVICES, 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.

 

Except when authorized in Policy 3.51—SCHOOL BUS DRIVER’S USE OF MOBILE COMMUNICATION DEVICES, no employee shall use any device for the purposes of browsing the internet; composing or reading emails and text messages; or making or answering phone calls while driving a motor vehicle which is in motion and on school property. Violation may result in disciplinary action up to and including termination.

 

 

Cross References:               3.51—SCHOOL BUS DRIVER’S USE OF MOBILE COMMUNICATION DEVICES

4.47— POSSESSION AND USE OF CELL PHONES AND OTHER ELECTRONIC DEVICES

7.14—USE OF DISTRICT CELL PHONES AND COMPUTERS

 

 

Legal References:               IRS Publication 15 B

A.C.A. 6-19-120

A.C.A. § 27-51-1602

A.C.A. § 27-51-1609

 

 

Date Adopted:

Last Revised: 7/30/2019

3.35—LICENSED PERSONNEL BENEFITS

 

A. All members of the professional staff must be members of the Arkansas Retirement System.

 

B. The Lamar School District’s contribution to the teacher retirement system shall meet the State minimum contribution as required by law.

 

B. All Licensed employees of the district are covered by Social Security and Workman's Compensation.

 

C. Voluntary participation in the state-provided health insurance is available.

 

E.  The Lamar School District’s contribution to the state-provided health insurance shall meet or exceed the State Minimum contribution required by law.

 

 

 

 

Legal Reference: A.C.A. § 6-17-201

 

 

Date Adopted: 5/13/13

Effective Date: 7/01/13

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3.36—LICENSED PERSONNEL DISMISSAL AND NON-RENEWAL

 

SECTION I – CAUSES FOR DISMISSAL OF EMPLOYEE 

 

A. Dismissal of faculty members shall comply with requirements of the Arkansas Teacher Fair Dismissal Act.  A copy is available for review in the office of the principal of each school building.  The Board may dismiss any teacher for one or more causes including those listed hereon:

               Physical disability that would prevent the proper execution of his/her duties.

               Incompetence.

               Insubordination.

               Immorality.

               Gross violation of professional ethical standards.

 

B. Any teacher who, in the opinion of the principal and superintendent is not rendering efficient and competent service, shall be given written notice by the superintendent of the particular areas in which such service is considered to be inefficient and incompetent.  A meeting with the principal and superintendent will be arranged to discuss the alleged deficiencies.  The teacher shall have the right to have any spokesman and/or representatives desired by him or her present at this meeting.  A teacher, so charged, will be given reasonable time, agreed upon by the teacher and the administration, to remedy the alleged deficiencies.

 

C. If the teacher, in the opinion of the superintendent and principal, has not remedied the alleged deficiencies within this time limit, the teacher shall be given written notice of the alleged deficiencies, which have not been remedied.

 

D. The steps outlined in the Procedure for Dismissal of Employees shall then be followed in resolving such cases.

 

 

SECTION II - Procedure for Dismissal of Employees

 

A. If a situation rises whereby the discharge of a teacher appears likely or necessary, the procedures set forth in

     the Arkansas Teacher Fair Dismissal Act shall be followed.

 

B. After the procedure outlined in Article V Section 1B has been followed, a teacher who has not remedied the alleged deficiencies, the superintendent may recommend to the Board that he or she be dismissed or his/her contract not be renewed for just and reasonable cause.

 

C. When the Board receives evidence which it considers sufficient to dismiss or not renew the contract of a teacher, it shall, prior to dismissal, notify the teacher in writing.  Such notice shall:

 

Advise the teacher of the cause or causes of his/her proposed dismissal in sufficient detail to fairly enable him/her to show any error, which may exist.

 

Advise him/her, that upon request in writing, the names and the nature of the testimony of witnesses against   

him/her shall be furnished.

 

Advisee the teacher, that upon request in writing, he/she will be accorded a hearing at which he/ she may be

represented by legal counsel and introduce witnesses to his/her defense.

 

D. When the teacher has received a notice of proposed dismissal or nonrenewal, he/she may, within the time specified by law after receipt of such notice; file a written request for a hearing before the Board.  Said request shall be to the President of the Board of Education and/or the superintendent.  Upon receipt of such request the Board shall granta hearing in accordance with the following provisions:

 

The hearing shall take place within the time specified by law after the written request has been sent to the Board

of Education, except that the teacher and the Board may, in writing, agree to postpone such hearing.

 

The hearing shall be private unless the Board or the teacher shall request that the hearing be public if permitted by law.

 

It shall not be necessary that a full record of the hearing be made and preserved unless: a) the Board shall elect to make and keep a record of the hearing, at its own expense, in which event a copy shall be furnished the teacher, upon request, without cost to the teacher; b) a request is filed with the Board by the teacher in writing at least twenty-four (24) hours prior to the time set for the hearing, in, which event the Board shall make and keep, at its own expense, a record of the hearing, and shall furnish a copy to the teacher.

 

E. The Board, after hearing all the facts pertaining to the matter, shall then reach a decision with respect to dismissal and notify the person of its final decision, within the time required by law after the hearing.  All concerned parties shall be sent a written copy of any decision.

 

F. It shall not be necessary that a teacher request a hearing as authorized in this Act as a prerequisite to seek any remedy, at law or equity that may be available to the teacher, nor shall anything in the Act limit or restrict the right of a teacher to seek any remedy at law or equity now provided by law.

 

G. In accordance with state and federal laws, the Board of Education shall make the final decision on all dismissal or non-renewal cases.

 

H. The above policies and procedures may not be violated by the Board except in cases involving morals, mental illness, or other conditions which may require immediate action to protect the safety and welfare of the children.

 

I. Neither the teacher not the Board may orally waive any of the written notices or other conditions required by law.

 

Legal Reference: A.C.A. § 6-17-201

 

 

 

 

Date Adopted: 5/13/13

Effective Date: 7/01/13

3.37—ASSIGNMENT OF TEACHER AIDES

 

The assignment of teacher aides shall be made by the principal or his/her designee. Changes in the assignments may be made as necessary due to changes in the student population, teacher changes, and to best meet the educational needs of the students.

 

 

Legal Reference: A.C.A. § 6-17-201

 

 

Date Adopted: 5/13/13

Last Revised: 5/10/21

 

3.38—LICENSED PERSONNEL RESPONSIBILITIES GOVERNING BULLYING

 

Definitions

 

“Attribute” means an actual or perceived personal characteristic including without limitation race, color, religion, ancestry, national origin, socioeconomic status, academic status, disability, gender, gender identity, physical appearance, health condition, or sexual orientation;

 

“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 may address an attribute of the other student, public school employee, or person with whom the other student or public school employee is associated and that causes or creates actual or reasonably foreseeable:

• 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;

 

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

1. Cyberbullying;
2. Sarcastic comments "compliments" about another student’s personal appearance or actual or perceived attributes,
3. Pointed questions intended to embarrass or humiliate,
4. Mocking, taunting or belittling,
5. Non-verbal threats and/or intimidation such as “fronting” or “chesting” a person,
6. Demeaning humor relating to a student’s actual or perceived attributes,
7. Blackmail, extortion, demands for protection money or other involuntary donations or loans,
8. Blocking access to school property or facilities,
9. Deliberate physical contact or injury to person or property,
10. Stealing or hiding books or belongings,
11. Threats of harm to student(s), possessions, or others,
12. Sexual harassment, as governed by policy 3.26, is also a form of bullying, and/or
13. Teasing or name-calling related to sexual characteristics or the belief or perception that an individual is not conforming to expected gender roles or conduct or is homosexual, regardless of whether the student self-identifies as homosexual or transgender (Examples: “Slut”, “You are so gay.”, “Fag”, “Queer”).

 

“Cyberbullying” means any form of communication by electronic act that is sent with the purpose to:

• Harass, intimidate, humiliate, ridicule, defame, or threaten a student, school employee, or person with whom the other student or school employee is associated; or
• Incite violence towards a student, school employee, or person with whom the other student or school employee is associated.

Cyberbullying of School Employees includes, but is not limited to:

1. Building a fake profile or website of the employee;
2. Posting or encouraging others to post on the Internet private, personal, or sexual information pertaining to a school employee;
3. Posting an original or edited image of the school employee on the Internet;
4. Accessing, altering, or erasing any computer network, computer data program, or computer software, including breaking into a password-protected account or stealing or otherwise accessing passwords of a school employee;
5.  Making repeated, continuing, or sustained electronic communications, including electronic mail or transmission, to a school employee;
6. Making, or causing to be made, and disseminating an unauthorized copy of data pertaining to a school employee in any form, including without limitation the printed or electronic form of computer data, computer programs, or computer software residing in, communicated by, or produced by a computer or computer network;
7. Signing up a school employee for a pornographic Internet site; or
8. Without authorization of the school employee, signing up a school employee for electronic mailing lists or to receive junk electronic messages and instant messages.

 

Cyberbullying is prohibited whether or not the cyberbullying originated on school property or with school equipment, if the cyberbullying results in the substantial disruption of the orderly operation of the school or educational environment or 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.

 

Teachers and other 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 building principal, or designee, as soon as possible.

 

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. 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; going to or from school or a school activity in a school vehicle or school bus; or at designated school bus stops. 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.

 

A building principal, or designee, who receives a credible report or complaint of bullying shall:

1. As soon as reasonably practicable, but by no later than the end of the school day following the receipt of the credible report of bullying:
   1. Report to a parent, legal guardian, person having lawful control of a student, or person standing in loco parentis of a student that their student is the victim in a credible report of bullying; and
   2. Prepare a written report of the alleged incident of bullying;

2. Promptly investigate the credible report or complaint of bullying, which shall be completed by no later than the fifth (5^th) school day following the completion of the written report.
3. Notify within five (5) days following the completion of the investigation the parent, legal guardian, person having lawful control of a student, or person standing in loco parentis of a student who was the alleged victim in a credible report of bullying whether the investigation found the credible report or complaint of bullying to be true and the availability of counseling and other intervention services.
4. Notify within five (5) days following the completion of the investigation the parent, legal guardian, person having lawful control of the student, or person standing in loco parentis of the student who is alleged to have been the perpetrator of the incident of bullying:
   1. That a credible report or complaint of bullying against their student exists;
   2. Whether the investigation found the credible report or complaint of bullying to be true;
   3. Whether action was taken against their student upon the conclusion of the investigation of the alleged incident of bullying; and
   4. Information regarding the reporting of another alleged incident of bullying, including potential consequences of continued incidents of bullying;
5. Make a written record of the investigation, which shall include:
   1. A detailed description of the alleged incident of bullying, including without limitation a detailed summary of the statements from all material witnesses to the alleged incident of bullying;
   2. Any action taken as a result of the investigation; and
6. Discuss, as appropriate, the availability of counseling and other intervention services with students involved in the incident of bullying.

 

District employees are held to a high standard of professionalism, especially when it comes to employee-student interactions. Actions by a District employee towards a student that would constitute bullying if the act had been performed by a student shall result in disciplinary action, up to and including termination. This policy governs bullying directed towards students and is not applicable to adult on adult interactions. Therefore, this policy does not apply to interactions between employees. Employees may report workplace conflicts to their supervisor. In addition to any disciplinary actions, the District shall take appropriate steps to remedy the effects resulting from bullying.

 

DESE has created a guidance document on bullying that could be useful in developing staff and student training on bullying. The document can be found at https://dese.ade.arkansas.gov/Offices/communications/safety/anti-bullying-and-violence-prevention

 

Legal References:               A.C.A. § 6-18-514

DESE Rules Governing Student Discipline and School Safety

 

Date Adopted: 5/13/13

Last Revised: 6/20/22

3.39—LICENSED PERSONNEL RECORDS AND REPORTS

 

The superintendent or his/her designee shall determine, by individual or by position, those records a teacher is responsible to keep and those reports he/she is required to maintain. It is a requirement of employment that all required records and reports be completed, submitted, or otherwise tendered, and be accepted by the principal or superintendent as complete and satisfactory, before the last month’s pay will be released to the licensed employee.

 

 

Legal Reference: A.C.A. § 6-17-104

 

 

Date Adopted: 5/10/21

Last Revised:

 

3.40—LICENSED PERSONNEL DUTIES AS MANDATED REPORTERS

 

It is the statutory duty of school district employees to:

• If the employee has reasonable cause to suspect child abuse or maltreatment, then the employee shall directly and personally report these suspicions to the Arkansas Child Abuse Hotline,: by: calling 1-800-482-5964; by calling the child maltreatment hotline at 1-800-482-5964 and submitting a report through fax to the child maltreatment hotline; or if the employee can demonstrate that the child maltreatment, neglect, or abuse is not an emergency, then the employee may notify the child maltreatment hotline through submission of a fax only. Failure to report suspected child abuse, maltreatment, or neglect through 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.
• If the employee has a good faith belief that there is a serious and imminent threat to the public based on a threat made by an individual regarding violence in or targeted at a school that has been communicated to the employee in the ordinary course of his/her professional duties, then the employee shall make every attempt to immediately notify law enforcement of the serious and imminent threat to the public and have notified law enforcement within twenty-four (24) hours of learning of the serious and imminent threat to the public.

 

The duty of mandated reporters to report suspected child abuse or maltreatment or serious and imminent threats to the public is a direct and personal duty, 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 or that form the basis of the serious and imminent threat to the public; 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; that a serious and imminent threat to the public exists; or to rule out such a belief.

 

Employees and volunteers who notify the Child Abuse Hotline or who report serious and imminent threats to the public to law enforcement 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 from directly reporting suspected child abuse, maltreatment, or a serious and imminent threat to the public, or require that any person notify or seek permission from any person before making a report to the Child Abuse Hotline or law enforcement.

 

 

Legal References:               A.C.A. § 6-18-110

A.C.A. § 12-18-107

A.C.A. § 12-18-201 et seq.

A.C.A. § 12-18-302

A.C.A. § 12-18-402

 

 

Date Adopted: 5/13/13

Last Revised: 7/30/19

3.41—LICENSED PERSONNEL VIDEO SURVEILLANCE AND OTHER MONITORING

 

The Board of Directors 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, automatic identification, data compilation devices, and technology capable of tracking the physical location of district equipment, students, and/or personnel.

 

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 bodily 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 and other technologies authorized in this policy 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, automatic identification, or data compilations 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, automatic identification, or data compilation devices shall be subject to appropriate disciplinary action and referral to appropriate law enforcement authorities.

 

Video recordings and automatic identification or data compilation records may become a part of a staff member’s personnel record.

 

 

 

Date Adopted: 5/13/13

Last Revised: 5/10/21

 

3.42—OBTAINING and RELEASING STUDENT’S FREE AND REDUCED PRICE MEAL ELIGIBILITY INFORMATION

 

Obtaining Eligibility Information

 

A fundamental underpinning of the National School Lunch and School Breakfast Programs (Programs) is that in their implementation, there will be no physical segregation of, discrimination against, or overt identification of children who are eligible for the Program's benefits. While the requirements of the Programs are defined in much greater detail in federal statutes and pertinent Code of Federal Regulations, this policy is designed to help employees understand prohibitions on how the student information is obtained and/or released through the Programs. Employees with the greatest responsibility for implementing and monitoring the Programs should obtain the training necessary to become fully aware of the nuances of their responsibilities.

 

The District is required to inform households with children enrolled in District schools of the availability of the Programs and of how the household may apply for Program benefits. However, the District and anyone employed by the district is strictly forbidden from requiring any household or student within a household from submitting an application to participate in the program. There are NO exceptions to this prohibition and it would apply, for example, to the offer of incentives for completed forms, or disincentives or negative consequences for failing to submit or complete an application. Put simply, federal law requires that the names of the children shall not be published, posted or announced in any manner.

 

In addition to potential federal criminal penalties that may be filed against a staff member who violates this prohibition, the employee shall be subject to discipline up to and including termination.

 

Releasing Eligibility 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 information 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.

 

 

 

 

Legal References:               Commissioner’s Memos IA-05-018, FIN 09-041, IA 99-011, and FIN 13-018

DESE Eligibility Manual for School Meals Revised July 2017

A.C.A. § 6-18-715

7 CFR 210.1 – 210.31

7 CFR 220.1 – 220.22

7 CFR 245.5, 245.6, 245.8

42 USC 1758(b)(6)

 

 

Date Adopted: 5/13/13

Last Revised: 7/30/19

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

 

It is the responsibility of each teacher, and not the district, to keep his/her teaching license continuously renewed with no lapses in licensure, and in good standing with the State Board of Education. Failure of a teacher to do so will be grounds for termination.

 

 

Legal Reference: A.C.A. § 6-17-401

 

 

Date Adopted: 5/10/21

Last Revised:

3.44—LICENSED PERSONNEL WORKPLACE INJURIES AND WORKERS’ COMPENSATION

 

The district provides Workers’ Compensation (WC) 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 the superintendent. 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. 

 

The District may discipline an employee, up to and including termination of the employee’s contract, if it is discovered that the employee:

1. Deliberately made false statements concerning the origin of an injury or the circumstances surrounding the injury; or
2. submitted a WC claim that the employee knew to be based substantially or entirely on false information.

An employee shall not be disciplined solely because the District’s WC carrier denied the employee’s WC claim.

 

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. In addition, employees whose injuries require medical attention shall submit to a drug test, which shall be paid at the District’s WC carrier’s expense. Failure for the employee to submit to the drug test or a confirmed positive drug test indicating the use of illegal substances or the misuse of prescription medications shall be grounds for the denial of WC benefits.

 

A WC absence may run concurrently with FMLA leave (policy 3.32) when the injury is one that meets the criteria for a serious health condition. To the extent that WC benefits and FMLA leave run concurrently, the employee will be charged for any paid leave accrued by the employee at the rate necessary to bring the total amount of combined income up to 100% of usual contracted daily rate of pay. If the health care provider treating the employee for the WC 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.” As a result, the employee may lose his/her WC payments, but 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.

 

Employees who are absent from work in the school district due to a WC claim may not work at a non-district job until they have returned to full duties at their same or equivalent district job; those who violate this prohibition may be subject to discipline up to and including termination. This prohibition does NOT apply to an employee who has been cleared by his/her doctor to return to “light duty” but the District has no such position available for the employee and the employee's second job qualifies as “light duty”.

 

To the extent an employee has accrued sick leave and a WC claim has been filed, an employee:

• Will be charged for a day's sick leave for all days missed until such time as the WC claim has been approved or denied;
• Whose WC claim is accepted by the WC insurance carrier as compensable and who is absent for eight (8) or more days shall be charged sick leave at the rate necessary, when combined with WC benefits, to bring the total amount of combined income up to 100% of the employee's usual contracted daily rate of pay;
• Whose WC claim is accepted by the WC insurance carrier as compensable and is absent for fourteen (14) or more days will be credited back that portion of sick leave for the first seven (7) days of absence that is not necessary to have brought the total amount of combined income up to 100% of the employee's usual contracted gross pay.

 

 

 

 

Cross References:               3.8—LICENSED PERSONNEL SICK LEAVE

3.18—LICENSED PERSONNEL OUTSIDE EMPLOYMENT

3.32—LICENSED PERSONNEL FAMILY MEDICAL LEAVE

 

 

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

A.C.A. § 11-9-102

A.C.A. § 11-9-508(d)(5)(A)

A.C.A. § 11-9-514(a)(3)(A)(i)

 

 

Date Adopted: 5/10/21

Last Revised: 7/12/21

3.45—LICENSED PERSONNEL SOCIAL NETWORKING AND ETHICS

 

Definitions

 

Social Media Account: a personal, individual, and non-work related account with an electronic medium or service where users may create, share, or view user-generated content, including videos, photographs, blogs, podcasts, messages, emails or website profiles or locations, such as Facebook, Twitter, LinkedIn, MySpace, or Instagram.

 

Professional/education Social Media Account: an account with an electronic medium or service where users may create, share, or view user-generated content, including videos, photographs, blogs, podcasts, messages, emails or website profiles or locations, such as Facebook, Twitter, LinkedIn, MySpace, or Instagram.

 

Blogs: are a type of networking and can be either social or professional in their orientation. Professional blogs are encouraged and can provide a place for teachers to post homework, keep parents up-to-date, and interact with students concerning school related activities. Social blogs are discouraged to the extent they involve teachers and students in a non-education oriented format.

 

Policy

 

Technology used appropriately gives faculty new opportunities to engage students. District staff are encouraged to use educational technology, the Internet, and professional/education social networks to raise student achievement and to improve communication with parents and students. Technology and social media accounts also offer staff many ways they can present themselves unprofessionally and/or interact with students inappropriately.  

 

It is the duty of each staff member to appropriately manage all interactions with students, regardless of whether contact or interaction with a student occurs face-to-face or by means of technology, to ensure that the appropriate staff/student relationship is maintained. This includes instances when students initiate contact or behave inappropriately themselves. 

 

Public school employees are, and always have been, held to a high standard of behavior. Staff members are reminded that whether specific sorts of contacts are permitted or not specifically forbidden by policy, they will be held to a high standard of conduct in all their interactions with students. Failure to create, enforce and maintain appropriate professional and interpersonal boundaries with students could adversely affect the District’s relationship with the community and jeopardize the employee’s employment with the district.

 

The Division of Elementary and Secondary Education (DESE) Rules Governing the Code of Ethics for Arkansas Educators requires District staff to maintain a professional relationship with each student, both in and outside the classroom. The School Board of Directors encourages all staff to read and become familiar with the Rules.  Conduct in violation of the DESE Rules Governing the Code of Ethics for Arkansas Educators, including, but not limited to conduct relating to the inappropriate use of technology or online resources, may be reported to the Professional Licensure Standards Board (PLSB) and may form the basis for disciplinary action up to and including termination.

 

Staff members are discouraged from creating personal social media accounts to which they invite students to be friends or followers. Employees taking such action do so at their own risk and are advised to monitor the site’s privacy settings regularly.

 

District employees may set up blogs and other professional/education social media accounts using District resources and following District guidelines¹ to promote communications with students, parents, and the community concerning school-related activities and for the purpose of supplementing classroom instruction. Accessing professional/education social media during school hours is permitted.

 

Staff are reminded that the same relationship, exchange, interaction, information, or behavior that would be unacceptable in a non-technological medium, is unacceptable when done through the use of technology. In fact, due to the vastly increased potential audience that digital dissemination presents, extra caution must be exercised by staff to ensure they don’t cross the line of acceptability. A good rule of thumb for staff to use is, “if you wouldn’t say it in class, don’t say it online.”

 

Whether permitted or not specifically forbidden by policy, or when expressed in an adult-to-adult, face-to-face context, what in other mediums of expression could remain private opinions, including “likes” or comments that endorse or support the message or speech of another person, when expressed by staff on a social media website, have the potential to be disseminated far beyond the speaker’s desire or intention. This could undermine the public’s perception of the individual’s fitness to educate students, thus undermining the teacher’s effectiveness. In this way, the expression and publication of such opinions could potentially lead to disciplinary action being taken against the staff member, up to and including termination or nonrenewal of the contract of employment.

 

Accessing social media websites for personal use during school hours is prohibited, except during breaks or preparation periods. Staff are discouraged from accessing social media websites on personal equipment during their breaks and/or preparation periods because, while this is not prohibited, it may give the public the appearance that such access is occurring during instructional time. Except when expressly authorized by the employee’s job duties, sStaff shall not access social media websites using district equipment at any time, including during breaks or preparation periods, except in an emergency situation or with the express prior permission of school administration. Except when expressly authorized by the District employee’s job duties and when District procedures have been followed, aAll school district employees who participate in social media websites shall not post any school district data, documents, photographs taken at school or of students, logos, or other district owned or created information on any website.  Further, the posting of any private or confidential school district material on such websites is strictly prohibited. The posting of prohibited material or posting without following proper procedures may result in disciplinary action against the District employee, up to and including termination or non-renewal.

 

Specifically, the following forms of technology based interactivity or connectivity are expressly permitted or forbidden:

 

Privacy of Employee's Social Media Accounts

 

In compliance with A.C.A. § 11-2-124, the District shall not require, request, suggest, or cause a current or prospective employee to:

1. Disclose the username and/or password to his/her personal social media account;
2. Add an employee, supervisor, or administrator to the list of contacts associated with his/her personal social media account;
3. Change the privacy settings associated with his/her personal social media account; or
4. Retaliate against the employee for refusing to disclose the username and/or password to his/her personal social media account.

 

The District may require an employee to disclose his or her username and/or password to a personal social media account if the employee’s personal social media account activity is reasonably believed to be relevant to the investigation of an allegation of an employee violating district policy; local laws; state laws and rules; or federal laws and regulations. If such an investigation occurs, and the employee refuses, upon request, to supply the username and/or password required to make an investigation, disciplinary action may be taken against the employee, which could include termination or nonrenewal of the employee’s contract of employment with the District. 

 

Notwithstanding any other provision in this policy, the District reserves the right to view any information about a current or prospective employee that is publicly available on the Internet.

 

In the event that the district inadvertently obtains access to information that would enable the district to have access to an employee’s personal social media account, the district will not use this information to gain access to the employee’s social media account. However, disciplinary action may be taken against an employee in accord with other District policy for using district equipment or network capability to access such an account.  Employees have no expectation of privacy in their use of District issued computers, other electronic device, or use of the District's network. (See policy 3.28—LICENSED PERSONNEL COMPUTER USE POLICY)

 

 

Cross reference:   3.28—LICENSED PERSONNEL COMPUTER USE POLICY

 

 

Legal References:               A.C.A. § 11-2-124

DESE Rules Governing The Code Of Ethics For Arkansas Educators

 

 

Date Adopted: 5/13/13

Last Revised: 7/12/21

3.46—LICENSED PERSONNEL VACATIONS

 

240 day contracted employees are credited with 10 days of vacation at the beginning of each fiscal year. This is based on the assumption that a full contract year will be worked. If an employee fails to finish the contract year due to resignation or termination, the employee’s final check will be reduced at the rate of .833 days per month, or major portion of a month, for any days used but not earned.

 

Instructional employees may not generally take vacation during instructional time. All vacation time must be approved, in advance to the extent practicable, by the superintendent or designee. If vacation is requested, but not approved, and the employee is absent from work in spite of the vacation denial, disciplinary action will be taken against the employee, which may include termination or nonrenewal.

 

No employee shall be entitled to more than 20 days of vacation as of the first day of each fiscal year. The permissible carry forward includes the 10 days credited upon the start of the fiscal year. Employees having accrued vacation totaling more than 20 days as of the date this policy is implemented shall not be eligible to increase the number of days carried forward during their employment with the district. Earned but unused vacation will be paid upon resignation, retirement, termination, or nonrenewal at the employee’s current daily rate of pay.

 

 

 

Date Adopted: 5/13/14

Last Revised: 9/14/20

3.47—Depositing collected funds

 

From time to time, staff members may collect funds in the course of their employment. It is the responsibility of any staff member to deposit such funds they have collected daily¹ into the appropriate accounts for which they have been collected. The Superintendent or his/her designee shall be responsible for determining the need for receipts for funds collected and other record keeping requirements and of notifying staff of the requirements.

 

Staff that use any funds collected in the course of their employment for personal purposes, or who deposit such funds in a personal account, may be subject to discipline up to and including termination.

 

 

 

Date Adopted: 5/13/13

Last Revised: 7/01/13

3.48—LICENSED PERSONNEL WEAPONS ON CAMPUS

 

Firearms

Except as permitted by this policy, no employee of this school district, including those who may possess a “concealed carry permit,” shall possess a firearm on any District school campus or in or upon any school bus or at a District designated bus stop.

 

Employees who meet one or more of the following conditions are permitted to bring a firearm onto school property:

• He/she is participating in a school-approved educational course or program involving the use of firearms such as ROTC programs, hunting safety or military education, or before or after-school hunting or rifle clubs;
• The firearms are securely stored and located in an employee’s on-campus personal residence and/or immediately adjacent parking area;
• He/she is a registered, commissioned security guard acting in the course and scope of his/her duties;
• He/she is a certified law enforcement officer, either on or off duty;
• He/she has a valid conceal carry license and leaves his/her handgun in his/her locked vehicle in the district parking lot.

 

Possession of a firearm by a school district employee who does not fall under any of the above categories anywhere on school property, including parking areas and in or upon a school bus, will result in disciplinary action being taken against the employee, which may include termination or nonrenewal of the employee.

 

Other Weapons

 

Option 1

Employees may not possess any weapon, defined herein as an item designed to harm or injure another person or animal, any personal defense item such as mace or pepper spray, or any item with a sharpened blade, except those items which have been issued by the school district or are otherwise explicitly permitted (example: scissors) in their workspace.  

 

Option 2

An employee may possess a pocket knife which for the purpose of this policy is defined as a knife that can be folded into a case and has a blade or blades of less than three (3) inches or less each. An employee may carry, for the purpose of self-defense, a small container of tear gas⁴ or mace which for the purpose of this policy is defined as having a capacity of 150cc or less. Employees are expected to safeguard such items in such a way as to ensure they are not possessed by students. Such items are not to be used against students, parents or other school district employees. Possession of weapons, knives or self-defense items that do not comply with the limits contained herein, the failure of an employee to safeguard such items, or the use of such items against students, parents or other school district employees may result in disciplinary action being taken against the employee, which may include termination or nonrenewal of the employee.

 

Employees who are participating in a Civil War reenactment may bring a Civil War era weapon onto campus with prior permission of the building principal. If the weapon is a firearm, the firearm must be unloaded.

 

 

 

Legal References:               A.C.A. § 5-73-119

A.C.A. § 5-73-120

A.C.A. § 5-73-124(a)(2)

A.C.A. § 5-73-301

A.C.A. § 5-73-306

A.C.A. § 6-5-502

 

 

Date Adopted:

Last Revised: 7/30/19

3.49—TEACHERS' REMOVAL OF STUDENT FROM CLASSROOM

 

Note and advisement: This policy is adopted by the Board of Directors in order to bring the District into compliance with the Division of Elementary and Secondary Education rules concerning student discipline, and to incorporate the provisions of A.C.A. § 6-18-511.  However, teachers should be aware that federal law governing a student's Individual Education Program (IEP) or 504 plan, or status as an individual with a disability will supersede Arkansas law.  In many cases, removing a student from a classroom due to behavioral problems, will violate a student's IEP, violate a student's 504 plan, or constitute discrimination against the student due to a disability that affects the student's ability to conform his or her behavior.  Teachers have been successfully sued for IEP and 504 plan violations in other jurisdictions, and teachers need to understand that violating a student's rights is outside of the scope of his or her employment, and no insurance is available or provided by the school district for either legal defense or to pay a money judgment.  Teachers who rely on this law and this policy to exclude a student with special needs or a disability are assuming a grave personal risk.

 

A teacher may remove a student from class whose behavior the teacher has documented to be repeatedly interfering with the teacher's ability to teach the students in the class or whose behavior is so unruly, disruptive or abusive that it interferes with the ability of the student's other classmates to learn. Students who have been removed from their classroom by a teacher shall be sent to the principal's or principal's designee's office for appropriate discipline.

 

The teacher's principal or the principal's designee may:

1. Place the student into another appropriate classroom;
2. Place the student into in-school suspension;
3. Return the student to the class; or
4. Take other appropriate action consistent with the District's student discipline policies and state and federal law.

 

If a teacher removes a student from class two (2) times during any nine-week grading period, the principal or the principal's designee may not return the student to the teacher's class unless a conference has been held for the purpose of determining the cause of the problem and possible solutions. The conference is to be held with the following individuals present:

1. The principal or the principal's designee;
2. The teacher;
3. The school counselor;
4. The parents, legal guardians, persons having lawful control of the student, or persons standing in loco parentis; and
5. The student, if appropriate.

 

However, the failure of the parents, legal guardians, persons having lawful control of the student, or persons standing in loco parentis to attend the conference does not prevent any action from being taken as a result of the conference.

Legal References:               A.C.A. § 6-18-511

Division of Elementary and Secondary Education Rules Governing Student Discipline and School Safety

 

Date Adopted: 7/30/19

Last Revised: 7/12/21

3.50—ADMINISTRATOR EVALUATOR CERTIFICATION

 

Continuing Administrators

 

The Superintendent or designee shall determine and notify in writing by August 31 of each year those currently employed administrators who will be responsible for conducting Teacher Excellence Support System (hereinafter TESS) summative evaluations who are not currently qualified to fulfill that role. All currently employed administrators so notified shall have until December 31 of the contract year to successfully complete all training and certification requirements for evaluators as set forth by the Division of Elementary and Secondary Education (DESE).  It shall constitute just and reasonable cause for nonrenewal of the contract of employment for any administrator who is required to obtain and maintain TESS evaluator certification, as a term and condition of employment, to fail to do so by December 31 of any contract year. No administrator may conduct a summative evaluation unless they have successfully completed all training and certification requirements for evaluators required by the DESE.

 

Newly Hired or Promoted Administrators

 

All newly hired or newly promoted administrators, as a term and condition of their acceptance of their contract of employment for their administrative position, are required to obtain and maintain evaluator certification for TESS on or before December 31 of the initial administrative contract year, unless they are explicitly excused from such a contractual requirement by board action at the time of the hire or promotion. It shall constitute just and reasonable cause for nonrenewal of the contract of employment for any newly hired or newly promoted administrator who is required to obtain and maintain TESS evaluator certification, as a term and condition of employment, to fail to do so by December 31 of any contract year. No administrator may conduct a summative evaluation unless they have successfully completed all training and certification requirements for evaluators required by the DESE.

 

 

Legal Reference:                 A.C.A. § 6-15-202(f)(50)

 

 

Date Adopted: 5/10/21

Last Revised:

3.51—SCHOOL BUS DRIVER’S USE OF MOBILE COMMUNICATION DEVICES

 

“School Bus” is a motorized vehicle that meets the following requirements:

1. Is privately owned and operated for compensation, or which is owned, leased or otherwise operated by, or for the benefit of the District; and
2. Is operated for the transportation of students from home to school, from school to home, or to and from school events.

 

Any driver of a school bus shall not operate the school bus while using a device to browse the internet, make or receive phone calls or compose or read emails or text messages. A school bus driver may use a two-way radio communications device or any device used in a similar manner as a two-way radio communications device to communicate with the District’s central dispatch or transportation center. In addition, if the school bus is safely off the road with the parking brake engaged, exceptions are allowed to call for assistance due to a mechanical problem with the bus, or to communicate with any of the following during an emergency:

• An emergency system response operator or 911 public safety communications dispatcher;
• A hospital or emergency room;
• A physician's office or health clinic;
• An ambulance or fire department rescue service;
• A fire department, fire protection district, or volunteer fire department; or
• A police department.

 

In addition to statutorily permitted fines, violations of this policy shall be grounds for disciplinary action up to and including termination.

 

 

 

 

Legal Reference: A.C.A. § 6-19-120

 

 

Date Adopted:

Last Revised: 7/30/19

3.52—WRITTEN CODE OF CONDUCT FOR EMPLOYEES INVOLVED IN PROCUREMENT WITH FEDERAL FUNDS

 

For purposes of this policy, “Family member” includes:

• 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 as an agent of the individual's spouse.

 

No District employee, administrator, official, or agent shall participate in the selection, award, or administration of a contract supported by Federal funds, including the District Child Nutrition Program funds, if a conflict of interest exists, whether the conflict is real or apparent.  Conflicts of interest arise when one or more of the following has a financial or other interest in the entity selected for the contract:

1. The employee, administrator, official, or agent;
2. Any family member of the District employee, administrator, official, or agent;
3. The employee, administrator, official, or agent’s partner; or
4. An organization that currently employs or is about to employ one of the above.

 

Employees, administrators, officials, or agents shall not solicit or accept gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties to sub-agreements including, but not limited to:

1. Entertainment;
2. Hotel rooms;
3. Transportation;
4. Gifts;
5. Meals; or
6. Items of nominal value (e.g. calendar or coffee mug).

 

Violations of the Code of Conduct shall result in discipline, up to and including termination. The District reserves the right to pursue legal action for violations.

 

All District personnel involved in purchases with Federal funds, including child nutrition personnel, shall receive training on the Code of Conduct. Training should include guidance about how to respond when a gratuity, favor, or item with monetary value is offered.

 

 

Legal References:               A.C.A. § 6-24-101 et seq.

Division of Elementary and Secondary Education Rules Governing the Ethical Guidelines And Prohibitions For Educational Administrators, Employees, Board Members And Other Parties

Commissioner’s Memo FIN 09-036

Commissioner’s Memo FIN-10-048

Commissioner’s Memo FIN 15-074

2 C.F.R. § 200.318

7 C.F.R. § 3016.36

7 C.F.R. § 3019.42

 

 

Date Adopted: 5/9/16

Last Revised: 5/10/21

 

3.53—LICENSED PERSONNEL BUS DRIVER END of ROUTE REVIEW

 

Each bus driver shall walk inside the bus from the front to the back to make sure that all students have gotten off the bus after each trip.  If a child is discovered through the bus walk, the driver will immediately notify the central office and make arrangements for transporting the child appropriately.  If children are left on the bus after the bus walk through has been completed and the driver has left the bus for that trip, the driver shall be subject to discipline up to and including termination of the employee's classified contract.

 

 

Date Adopted: 5/10/21

Last Revised:

3.54—TEACHING DURING PLANNING PERIOD AND/OR OF MORE THAN THE MAXIMUM NUMBER OF STUDENTS PER DAY

 

A fifth (5^th) through twelfth (12^th) grade teacher may enter into an agreement with the District to teach:

1. An additional class in place of a planning period; and/or
2. More than one hundred fifty (150) students per day.

 

A teacher who agrees to teach more than the maximum number of students per day is still bound by the maximum number of students per class period in the Standards for Accreditation and the Division of Elementary and Secondary Education (DESE) Rules Governing Class Size and Teaching Load. A fifth (5^th) through twelfth (12^th) grade teacher may not teach more than the maximum number of students per day as set in the Standards and the DESE rules for teachers of fifth (5^th) through twelfth (12^th) grade without receiving additional compensation unless the course being taught is one that meets the definition of a course that lends itself to large group instruction.

 

A fifth (5^th) through twelfth (12^th) grade teacher who enters into an agreement with the District shall receive compensation based on the teacher’s:

1. Hourly rate of pay for the loss of a planning period; and/or
2. Basic contract that is pro-rated for every additional student they teach over the maximum number of students permitted per day.

 

A teacher who wishes to enter into an agreement for numbers 1, 2, or both above must sign an agreement with the District prior to the teacher giving up his/her planning period or teaching more than the maximum number of students per day. A teacher shall not be eligible to receive compensation until after the agreement has been signed. The maximum length of the signed agreement between the teacher and the District shall be for the semester the agreement is signed.

 

Neither the District nor the teacher are obligated to:

• Enter into an agreement;
• Renew an agreement; or
• Continue an agreement past the semester in which the agreement is signed.

 

The provisions of the Teacher Fair Dismissal Act, A.C.A. § 6-17-1501 et seq., do not apply to an agreement between a teacher and the District entered into under this policy.

Legal References:               A.C.A. § 6-17-812

DESE Rules Governing Class Size and Teaching Load

 

Date Adopted: 9/14/15

Last Revised: 7/30/19

3.54F—TEACHING INSTEAD OF PREPARATORY PERIOD AND/OR EXTRA DAILY STUDENTS CONTRACT ADDENDUM

 

The Lamar School District (District) and ________ (Teacher) enter into the following contract addendum:

1. Teacher has agreed to teach a class on ________ instead of a preparatory period from _____ through _____;
2. District agrees to pay Teacher for the loss of Teacher’s preparatory period in the amount of ______;
3. District agrees to pay Teacher for those students who enroll and attend Teacher’s class that are in excess of the Standard’s maximum daily number of students at the per student per day amount of ______;
4. District agrees to pay teacher _____.
5. This addendum between District and Teacher is in addition to and separate from any other contract between District and Teacher;
6. Teacher understands that this agreement is not covered by the Teacher Fair Dismissal Act of 1983 (A.C.A. § 6-17-1501 et seq.); and
7. District and Teacher agree that this contract shall be effective for the current semester and that future semesters shall require District and Teacher to enter into a new contract.

 

 

Teacher’s Signature: _________                                     Date: ______

 

Superintendent’s Signature: ___________                   Date: ______

 

Board President’s Signature: ___________                 Date: ______

 

 

 

Legal References:               A.C.A. § 6-17-114

A.C.A. § 6-17-812

DESE Rules Governing Class Size and Teaching Load

 

 

Date Adopted: 5/14/18

Last Revised:

3.55—LICENSED PERSONNEL USE OF PERSONAL PROTECTIVE EQUIPMENT

 

Employees whose job duties require the use or wearing of Personal Protective Equipment (PPE) shall use or wear the prescribed PPE at all times while performing job duties that expose employees to potential injury or illness. 

 

.

 

Date Adopted: 5/10/21

Last Revised:

3.93—Lamar Specific Procedures

 

Announcement of Employment

 

Announcement of a vacancy, either caused by resignation, or the creation of a new position shall be made to present faculty members prior to publications, to other potential applicants, or employment interviews.

 

 

Date Adopted: 2/14/22

Last Revised: 3/14/22

 

3.94—EQUITY INFORMATION

 

 It is the policy of the Lamar School district to provide equal opportunities without regard to race and ethnicity (Title VI), gender (Title IX) qualified handicap (Section 504), age, and veteran in its educational programs and  activities.  This includes but is not limited to admissions, educational services, financial aid, and employment.

 

The responsibility for compliance with this policy and for oversight of the grievance procedure is the Educational

     Equity Coordinator.  The Lamar School Board has designated as Equity Coordinator the following person:

                BRITTNEY SCHLUTERMAN

                301 Elberta Street

                Lamar, Arkansas 72846

                479-885-6511

 

Complaints may be submitted by students, parents, employees, and other concerned citizens.  Grievances must be  submitted within twenty (20) working days of the alleged violation.  Complaints are to be made on an approved complaint form available in the Coordinator's office.  All grievances shall be handled following a four-step process:

Step One

1. The complainant is encouraged to visit with the equity coordinator.  For purposes of maintaining chronology, a written complaint form is to be completed.

                2. The coordinator shall make a reasonable effort to bring about resolution.

3. The complainant has the right to waive this informal step should he/she feel an authoritative decision by a  principal or the superintendent is in order.

Step Two

1. Should the informal resolution be deemed dissatisfying or waived altogether, the complainant will submit a  written complaint to the coordinator.

2. The coordinator must notify the respondent (person alleged of discriminatory action) within  three (3) working days, requesting a written response which is signed and dated.

3. The coordinator shall schedule a meeting of the complainant, respondent, himself, and the appropriate administrator. This meeting is to be scheduled within ten (10) working days of the submitted complaint.

4. The administrator will have five (5) working days within which to render a decision.  The decision may be made in consultation with the superintendent and it is to be written with involved parties receiving copies.

Step Three

1. Should either party be dissatisfied with the administrative decision, an appeal may be submitted to the coordinator within ten (10) working days of the previous decision.

2. The coordinator will alert the Board within three (3) working days of the appeal, ensuring that copies of the previous complaint, response, and decision are given to Board members.

                3. The Board will have fifteen (15) working days subsequent to the appeal to schedule a hearing. The

involved parties are to be notified of the place, time, and date of the meeting.

                4. At the meeting, the Board will afford due process to the parties.

5. Both grievant and respondent are to be notified in writing of the Board's decision within five (5) working days of the hearing.

Step Four

1. An appeal of the Board's decision can be made within thirty (30) calendar days of the decision to the following agency:

                                Office for Civil Rights, Region VI

                                1200 Main Tower Building - Suite 2260

                                Dallas, Texas 75202-9998

                                214-767-3959 or 767-3639 

 

     The time frames given may be extended upon mutual consent of those involved.

 

     In the event, that the alleged violator is a building principal, the superintendent shall decide the case.  If the

     Wrong doing is alleged of the superintendent, the School Board shall decide the case.

 

Date Adopted: 5/13/13

Last Revised: 5/10/21

3.95—STUDENT TEACHERS OR COLLEGE STUDENT OBSERVERS

 

Student teachers shall be placed in classrooms only with approval of the classroom teacher.

Remuneration made by the college for supervising service to the student teacher shall be made directly to the supervising teacher.

Supervisors of college students participating in an observation program shall notify the principal of each school in the Lamar District one week prior to arrival.

Date Adopted: 5/13/13

Effective Date: 5/10/21

3.96—LICENSED PERSONNEL ATTENDANCE

 

In case of absence because of illness, the teacher is asked to notify the principal at the earliest possible moment, preferably the day before the expected absence.  If possible the principal should be notified the day before the teacher expects to return.

Selection of substitute teachers will be made by the principal, who shall select the best-qualified personnel available.

Teachers are expected to report to their assigned buildings no later than 7:45 a.m. unless they are on other assigned duty.  Regular dismissal time for teachers is 3:30 p.m.

Teachers are not to leave the building or grounds during school hours without clearing such absence with the principal.

Teachers shall not leave students unattended unless there is an emergency.

Teachers are expected to attend promptly all meetings designated by the administration for them to attend, including student assemblies and pep rallies in the junior and senior high school.  there will be at least one general faculty meeting each semester at which the superintendent will preside.

Date Adopted: 5/10/21

Last Revised:

 

3.97—EMPLOYEE WELLNESS POLICY

 

Lamar Schools supports and is committed to the overall health and well-being of its employees.  A healthy workforce results in a more productive workforce with less absenteeism, fewer accidents, lower health care demands, and greater overall savings by reducing the incidence of disease and disability.  School employees are encouraged to participate in exercise and wellness programs and disease screenings that help identify and reduce health risks before serious health problems occur or allow better management of existing conditions.

Purpose

            Through the employee wellness program and partnership with the school and community health care providers, our employees will be able to access programs, screenings, and activities to encourage a healthier lifestyle and identify and manage health issues.

 

Guidelines for Employee Wellness

 

      Lamar Schools encourages healthy lifestyles by:

 

1. Promoting wellness programs such as the Blue and You Fitness Challenge.
2. Encouraging the inclusion of healthy food options at meeting, potlucks, and special events.
3. Supporting the use of healthy drink options in vending machines.
4. Encouraging employees to utilize breaks for walking, stretching or other physical activity.
5. Providing website resources that promote exercise, good nutrition and healthy lifestyles within and outside the workplace.
6. Providing a glucose, blood pressure check, and cholesterol screening.
7. Providing opportunities to participate in activities that promote exercise.

Date Adopted: 5/13/13

Last Revised: 5/10/21

 

3.98—LICENSED PERSONNEL NEGOTIATIONS

 

While the School board will be receptive to and consider recommendations from faculty, groups, and no organizations including the AEA and NEA, and teachers' unions, individuals, or representatives, or any other group will be recognized for negotiations.

 

Date Adopted: 5/13/13

Last Revised: 5/10/21

 

 

3.99—LICENSED PERSONNEL POLICY COMMITTEE

 

Building elections will be conducted for nominees during the month of May.  A school-wide election to approve the slate of nominees will be conducted before the conclusion of the normal school year.  

 

Shall consist of the following members:

• Two (2) teachers from the high school
• Two (2) teachers from the middle school
• Two (2) teachers from the elementary school (grades 1-4)
• One (1) teacher from the kindergarten building
• Three (3) administrators appointed by the Superintendent.

 

By the first Wednesday following Labor Day, the Personnel Policy Committee will reorganize itself and elect a chairman and a recorder. Until the reorganization takes place, the previous year’s committee will be considered the committee of record.

 

For each building with (2) representatives, the newly elected representatives will serve a two (2) year term.  If an elected representative does not return for the new school term, an election will be held prior to the reorganization meeting to elect a representative for the remainder of the unexpired term.

 

 

Personnel Policy Committee Members

 

 

 

Date Adopted: 5/13/13

Effective Date: 5/10/21