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TABLE OF CONTENTS

 

 

SECTION 3—CERTIFIED PERSONNEL

 

INTRODUCTION TO THE PERSONNEL POLICIES

 

A.  PERSONNEL POLICY COMMITTEE ACT OF 1987

B.   GENERAL TEACHER RESPONSABILITIES

 

 

3.1—CERTIFIED PERSONNEL SALARY SCHEDULE_ 2

3.2—CERTIFIED PERSONNEL EVALUATIONS_ 4

3.3—EVALUATION OF CERTIFIED PERSONNEL BY RELATIVES_ 3

3.4—CERTIFIED PERSONNEL REDUCTION IN FORCE_ 4

3.5—CERTIFIED PERSONNEL CONTRACT — RETURN_ 6

3.6—CERTIFIED PERSONNEL EMPLOYEE TRAINING_ 7

3.7—CERTIFIED PERSONNEL DRUG TESTING_ 10

3.8—CERTIFIED PERSONNEL SICK LEAVE_ 13

3.9—CERTIFIED PERSONNEL SICK LEAVE BANK_ 15

3.10—CERTIFIED PERSONNEL PLANNING TIME_ 17

3.11—CERTIFIED PERSONNEL PERSONAL LEAVE /PROFESSIONAL LEAVE_ 18

3.12—CERTIFIED POLICY DEALING WITH SEX OFFENDERS ON CAMPUS_ Error! Bookmark not defined.

3.13—CERTIFIED PERSONNEL PUBLIC OFFICE_ 21

3.14—CERTIFIED PERSONNEL JURY DUTY_ 22

3.15—CERTIFIED PERSONNEL LEAVE — INJURY FROM ASSAULT_ 23

3.16—CERTIFIED PERSONNEL REIMBURSEMENT FOR PURCHASE OF SUPPLIES_ 24

3.17—INSULT OR ABUSE OF CERTIFIED PERSONNEL_ 25

3.18—CERTIFIED PERSONNEL OUTSIDE EMPLOYMENT_ 26

3.19—CERTIFIED PERSONNEL EMPLOYMENT_ 27

3.20—CERTIFIED PERSONNEL REIMBURSEMENT OF TRAVEL EXPENSES_ 28

3.21—CERTIFIED PERSONNEL TOBACCO USE 29

3.22—DRESS OF CERTIFIED EMPLOYEES_ 30

3.23—CERTIFIED PERSONNEL POLITICAL ACTIVITY_ 31

3.24—CERTIFIED PERSONNEL DEBTS_ 32

3.25—CERTIFIED PERSONNEL GRIEVANCES_ 33

3.25F—CERTIFIED PERSONNEL LEVEL TWO GRIEVANCE FORM_ 36

3.26—CERTIFIED PERSONNEL SEXUAL HARASSMENT_ 37

3.27—CERTIFIED PERSONNEL SUPERVISION OF STUDENTS_ 39

3.28—CERTIFIED PERSONNEL COMPUTER USE POLICY_ 40

3.28F—CERTIFIED PERSONNEL EMPLOYEE INTERNET USE AGREEMENT_ 41

3.29—CERTIFIED PERSONNEL SCHOOL CALENDAR_ 43

3.30—PARENT-TEACHER COMMUNICATION_ 44

3.31—DRUG FREE WORKPLACE - CERTIFIED PERSONNEL_ 45

3.31F—DRUG FREE WORKPLACE POLICY ACKNOWLEDGEMENT_ 48

3.32—CERTIFIED PERSONNEL FAMILY MEDICAL LEAVE 49

3.33—ASSIGNMENT OF EXTRA DUTIES FOR CERTIFIED PERSONNEL_ 60

3.34—CERTIFIED PERSONNEL CELL PHONE USE_ 61

3.35—CERTIFIED PERSONNEL BENEFITS_ 62

3.36—CERTIFIED PERSONNEL DISMISSAL AND NON-RENEWAL_ 63

3.37—ASSIGNMENT OF TEACHER AIDES_ 64

3.38—CERTIFIED PERSONNEL RESPONSIBILITIES GOVERNING BULLYING_ 65

3.39---PERSONNEL RECORDS & REPORTS

3.40---CIVIC DUTIES AND/OR EDUCATIONAL CONSULTANT SERVICES

 

 


I.                    INTRODUCTION TO THE PERSONNEL POLICIES

 

I.                    A.                PERSONNEL POLICY COMMITTEE ACT OF 1987

 

The Board of Education is required by law to establish personnel polices within the school district.  Said policies shall be filed, along with an affidavit signed by the president to the Board  attesting compliance with State law requiring personnel policies, with the chairman of the State Board of Education.

 

All personnel policies adopted by the Board shall be given to each teacher or administrator employed by the School District. Any amendments to the personnel policies shall also be given to all personnel within thirty (30) days of approval by the Board.

 

The Board shall provide for a Committee on Personnel Policies, as composed by law, to annually review the personnel policies.  The Committee may propose new policies or amendments to existing policies.

 

The Board may consider proposed policies and adopt, reject, amend, or refer back to the Committee for further study and revisions any proposal or amendments that are submitted to the Board.

 

The specific legalities regarding the operating procedures for the Committee on Personnel Policies are outlined in Act 687 pf 1987 found in the appendix.

 

The Board of Education recognizes that instruction is the most important single activity of the school system.  The system is to support the instructional program and to maintain a quality program of education throughout the school system.

 

Through its personnel policies, the board wishes to establish conditions that will attract and hold the highest qualified personnel for all positions.  Employees are expected to devote themselves to the education and welfare of the students, to fulfill their job descriptions to the best of their abilities, and to implement within the scope of their positions, the district’s polices.

 

The Board Recognizes equal employment opportunity for all persons.  No person in the School district shall, on the basis of race, color, creed, religion, sex, age, handicap, national origin or similar personal distinction be denied the benefits of employment or be subjected to discrimination in regard to employment, retention, transfer or dismissal in any educational program or activity which is under the jurisdiction of the Board.

 

 

 

 

 

 


B.         GENERAL RESPONSIBILITIES

 

Each teacher shall be under the general direction of the superintendent of schools, and immediately responsible to the principal for carrying out policies of the School Board as they relate to the functions of the school, to the classroom, and to the immediate contact with pupils and parents.  The following is a list of general responsibilities for instructional personnel:

 

1.                  To direct and evaluate the learning experience of the pupil in extra curricular activities.

 

2.                  To direct and monitor the learning experience of the pupil in extra curricular activities for which the teacher is responsible.

 

3.                  To provide guidance to the pupil which will promote his welfare and his proper educational development.

 

4.                  To be responsible for child accounting.

 

5.                  To maintain liaison with the parent.

 

6.                  To administer the classroom and its program.

 

7.                  To provide for the care and protection of school property.

 

8.                  To participate in the business and activities of the faculty.

 

9.                  To cooperate with and participate in the planning and evaluation of the school program.

 

10.              To take part in the in-service education program of the schools.

 

11.              To maintain cordial and workable relationships with colleagues.

 

12.              To attend all meetings called on school time.

 

13.              To provide adequate daily lesson plans.

 

14.              To perform other duties as assigned.

 

15.              To perform all specific duties as outlined in the appropriate job descriptions deemed by the superintendent.

 

 

 

 

 

 

 

 

 

 

 

 

 

CERTIFIED PERSONNEL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

3.1—CERTIFIED PERSONNEL SALARY SCHEDULE

 

Enter your District’s salary schedule for this policy. State law requires each District to include its teacher salary schedule in its written personnel policies unless the District recognizes a teachers’ union in its policies for, among other things, the negotiation of salaries.

Alternative Licensure Program, no prior teaching license

 

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

 

Licensed employee, seeking additional area or areas of licensure

 

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

 

 

 

 

 

 

 

CERTIFIED SALARY SCHEDULE

 

 

 

 

2008-2009

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXP

 

BA

BA+15

BA+30

MA

MA+15

MA+30

 

 

 

 

 

 

 

 

1

 

30000

31180

32360

34125

35305

36485

2

 

30500

31680

32860

34625

35805

36985

3

 

31000

32180

33360

35125

36305

37485

4

 

31500

32680

33860

35625

36805

37985

5

 

32000

33180

34360

36125

37305

38485

6

 

32500

33680

34860

36625

37805

38985

7

 

33000

34180

35360

37125

38305

39485

8

 

33500

34680

35860

37625

38805

39985

9

 

34000

35180

36360

38125

39305

40485

10

 

34500

35680

36860

38625

39805

40985

11

 

35000

36180

37360

39125

40305

41485

12

 

35500

36680

37860

39625

40805

41985

13

 

36000

37180

38360

40125

41305

42485

14

 

36500

37680

38860

40625

41805

42985

15

 

37000

38180

39360

41125

42305

43485

16

 

37500

38680

39860

41625

42805

43985

17

 

38000

39180

40360

42125

43305

44485

18

 

38500

39680

40860

42625

43805

44985

19

 

39000

40180

41360

43125

44305

45485

20

 

39500

40680

41860

43625

44805

45985

21

 

40000

41180

42360

44125

45305

46485

22

 

40500

41680

42860

44625

45805

46985

 

 

 

 

 

 

 

 

Superintendent

1.45

 

High School Principal

1.275

Admin. Assistant

$2,250

 

Middle School Principal

1.275

Counselor

 

1.1

 

Elementary Principal

 

1.275

Cheerleader Sponsor

$1,300

 

Head Coach

 

1.15

Drill Team Sponsor

$1,300

 

Band Director

 

1.15

Sound System

$780

 

Annual Sponsor

 

1.1

GT Coordinator

1.1

 

Athletic Director

 

$2,600

Assistant Coach

1.12

 

Specialist Degree

 

$780

Asst Band Director

1.05

 

Quiz Bowl

 

 

$780

Curr. Coordinator

1.15

 

Dean of Students

 

$2,000

Parent Involvement

$780

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

This is an unequal distribution of funds

 

 

 

 

 

 

 

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

                                            A.C.A. § 6-20-2305(f)(4)

 

 

 

 

Date Adopted: 6-28-07

Last Revised:6-23-08

 

 

 

 

 

 

 

 

 

 

3.2—CERTIFIED PERSONNEL EVALUATIONS

 

Evaluations of certified personnel shall be undertaken at least annually.

 

The primary goal of the teacher evaluation system is to improve student performance.  We are here to serve the students and everything we do should reflect that purpose.  To best reach the students, the staff must be always growing and learning.  Therefore, this evaluation system should encourage each and every staff member to continually reflect upon his/her own performance, looking for both strengths and weaknesses.  Based upon that reflection, then, each member needs to set goals which will lead to improved instruction and, ultimately, to improved student learning.  This plan, which has three-tracks, is designed to affect continuous professional growth and meet specific needs that a teacher may face during the course of his/her career.

 

Overview of the Three Basic Tracks

 

The first track described is that of the probationary teacher, one who is new either to the teaching profession or to the district.  It is understood that a teacher new to the profession will require extra help from the building principal, and perhaps, from a mentor teacher.  This track would also serve to help acclimate experienced teachers who are new to our district.

 

The second track is for the teacher with three or more years of experience who has been meeting or exceeding the expectations of the district.  The overriding concern for this track is that the teacher not become comfortable or complacent with his/her performance, but rather looks constantly for ways to improve content knowledge, instructional techniques, compatibility with parents, colleagues, and/or administrators, and any other area in which the teacher could better improve student performance.  Reflection on past and present performance, identification of strengths and weaknesses, development of specific plans to improve areas of weakness, and proof that such improvement is being made are all integral parts of the system.

 

The third track is designed for the experienced teacher who is facing difficulty in a particular area of job performance.  There are times in which a principal notices a teacher either failing to perform to the district’s standards, unwilling to grow/improve his/her abilities, or having difficulties in communicating with students, parents, colleagues, and/or administrators.  If an informal discussion between the teacher and principal does not affect sufficient improvement in the deficit area, the principal may choose to place the teacher in the third track in an effort to assist that teacher in once again performing at the standards established by the district.  Close supervision by the principal with multiple observations/conferences would be key characteristics of such a track.

 

 


 

 

 

 

 

BASIC OUTLINE OF KEY TENETS

 

 

 

I.          Probationary Track

 

A.        Inexperienced teachers or Probationary Teachers

 

1.         3 years in this cycle

2.         Minimum of 4 observations the first year, followed by 3 during the second year and 2 in the final year of this cycle.

II                   May include additional forms of evaluation, to be decided upon jointly by the principal and the teacher.  These may include, but will not be limited to, extended observations, portfolios, journals, video-taped lessons, etc.

II                   May include the appointment of an established teacher to serve as mentor, assisting in whatever capacity the principal, new teacher, or mentor deems appropriate and helpful.

 

B.         Teachers new to the district and having 3 or more years of experience

 

1.         One year in the cycle

2.         Minimum of 3 observations during the year

3.         May include additional forms of evaluation

4.                  May include the appointment of a mentor to ease the transition

 

II          Professional Growth Track

 

A.        For teachers in this cycle, formal observations will be replaced by Professional Growth Plans and conferences between the teacher and the principal.  These plans will last for 1 to 3 years and will be helpful in many areas of school improvement.

 

II                   These plans will specify areas that the teacher, with the assistance and agreement of the principal has identified for potential growth, as well as the particular steps which he/she will take to achieve improvement in those areas.

II                   Conferences between the teacher and principal will be held at the beginning and ending of the year to discuss their PGP and the steps that have been taken to enhance performance.

II                   The individual teacher will identify personal areas of growth on which he/she wishes to work for the ensuing 1-3 years.  Each teacher may also work with a small group of teachers who share a common need or common area of interest, such as grade level, subject area, specific need or interest.

 


B.         The monitoring of professional performance will continue throughout the year using such means as informal classroom visits, weekly review of the teacher’s lesson plans, etc.

 

     III.  Professional Guidance Track

 

A.                 Designed for teachers who are experiencing moderate to severe difficulty in one or more areas of job performance.

B.                 Principal determines need and notifies teacher in writing of the specific area(s) in which improvement must be made.

C.                 The teacher will be given a specific time period in which to respond in writing to the notice - such as 10 days.

D.                 The teacher is given two options from which to choose.

1.         The teacher and the principal work alone to improve teacher performance

2.         The teacher and principal each select one other staff member from a pool* of volunteers to serve on the improvement committee.  It is the responsibility of the committee to assist the at-risk teacher in understanding the area(s) of need and to assist in finding ways to improve the deficit points (Note: It will be specified that no teacher may serve on more than one such assistance committee at a time.  Further, it will be specified that meetings may be conducted without the presence of the other teacher-members at the discretion of the principal and/or at the request of the at-risk teacher.)

E.                  The principal will determine a specified time limit under which such a plan will continue.

 

* The pool of volunteers will be organized within the first month of the school term.

Effective Teacher Expectations

 

I.          The effective teacher communicates accurately and effectively in the content area and maintains a professional rapport with students.

 

II          The effective teacher obtains feedback and communicates with students in a manner which enhances student’s learning and understanding.

 

III.       The effective teacher encourages the development of student involvement, responsibility and critical thinking skills.

 

IV.       The effective teacher manages the classroom to ensure the best use of instructional time.

 

V.                 The effective teacher creates an atmosphere conducive to learning, self-discipline, and development of realistic and positive self-concepts.

 

VI.              The effective teacher uses a variety of instructional techniques, methods, and media related to the objective.

 

VII.            The effective teacher organizes instruction to take into account individual and cultural differences among learners.

 

VIII.         The effective teacher plans instruction to achieve selected objectives.

 

IX.              The effective teacher demonstrates satisfactory interpersonal relations skills with students, colleagues, administrators, and community members.

 

X.                 The effective teacher fulfills personal and professional responsibilities as they relate to job performance.

 

 

 

 

 

Legal Reference:    A.C.A. § 6-17-1504

 

 

 

 

Date Adopted: 6-28-07

Last Revised:

 

3.3—EVALUATION OF CERTIFIED PERSONNEL BY RELATIVES

 

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

 

 

 

 

Date Adopted: 6-28-07

Last Revised:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

3.4—CERTIFIED PERSONNEL REDUCTION IN FORCE

 

SECTION ONE

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

 

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

 

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

 

Points

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

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

 

 

 

1 point—Master’s degree

2 points—Master’s degree plus thirty additional hours

3 points—Educational specialist degree

4 points—Doctoral degree

 

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

 

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

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

 

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

 

SECTION TWO

 

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

 

 

 

Legal Reference:    A.C.A. § 6-17-2407

 

 

 

 

Date Adopted: 6-28-07

Last Revised:

 

 

 

 

 

 

 

3.5—CERTIFIED PERSONNEL CONTRACT — RETURN

 

 

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.

 

Contracts entered into with instructional personnel shall be issued by the Lavaca Board of Education and shall recognize those requirements set forth by the state concerning the employment of school personnel.

 

All offers to renew annual contracts shall be made by May 1 each year.  If no action is taken by this date, all contracts shall be automatically renewed.  The administration may ask employees to sign a letter of intent regarding future employments.  These will be due in the office of superintendent within ten (10) working days of issuance.  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.  A teacher shall have the right to unilaterally rescind any signed contract no later than ten (10) days after the end of the school year.

 

The Lavaca School District will accept actual teaching experience outside this district for salary purposes up to the number of years paid on the salary schedule.  This policy will be in effect beginning with the 2001-2002 school year and will affect new and present employees.  This policy is not financially retroactive.  This experience must have been in a state accredited school system.  The years of experience must be verified by past employers.

 

The Lavaca School District will accept for teacher pay purposes graduate work in the teacher’s certified or related field of endeavor.  Course work for pay purposes must be at the graduate level and in a related field of education.  Proof of continuing education for merits of pay must be turned in to the superintendent’s office in writing with official transcript by the first day in June 30 for the up coming school year.  Meeting a course hour landmark for merits of pay on the salary schedule during a school year will not be counted for pay until the next school year contract.

 Ex: administration or guidance and counseling.

 

 

 

 

 

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

 

Date Adopted: 6-28-07

Last Revised:

 

3.6—CERTIFIED PERSONNEL EMPLOYEE TRAINING

 

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

 

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

 

Each certified employee shall receive a minimum of sixty (60) hours of professional development annually to be fulfilled between June 1 and May 31.1 Professional development hours earned in excess of sixty (60) in the designated year cannot be carried over to the next year. The goal of all professional development activities shall be improved student achievement and academic performance that results in individual, school-wide, and system-wide improvement designed to ensure that all students demonstrate proficiency on the state criterion-referenced assessments. The district’s professional development plan shall demonstrate scientifically research-based best practice, and shall be based on student achievement data and in alignment with applicable ADE Rules and/or Arkansas code.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Certified personnel may earn up to twelve (12) hours of professional development for time they are required to spend in their instructional classroom, office or media center prior to the first day of student/teacher interaction provided the time is spent in accordance with the state law and current ADE rules that deal with professional development.3

 

Teachers are eligible to receive fifteen (15) professional development hours for a college course that meets the criteria identified in law and the applicable ADE rules. The board shall determine if the hours earned apply toward the required sixty (60). A maximum of thirty (30) hours may be applied toward the sixty (60) hours of professional development required annually.

 

Employees who do not receive or furnish documentation of the required annual professional development jeopardize the accreditation of their school and academic achievement of their students. Failure of an employee to receive sixty (60) hours of professional development in any given year shall be grounds for disciplinary action up to and including termination.

 

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

 

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

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

 

Cross-Reference:  Policy 5.4—STAFF DEVELOPMENT PROGRAM               

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

ADE Rules Governing Professional Development

A.C.A. § 6-15-404(f)(2)

A.C.A. § 6-17-703

A.C.A. § 6-17-704

A.C.A. § 6-17-705

A.C.A. § 6-15-1004(c)

A.C.A. § 6-15-1703

A.C.A. § 6-20-2303(14)

 

 

 

 

Date Adopted: 6-28-07

Last Revised:

 

 

 

 

 

 

 


 

3.7—CERTIFIED PERSONNEL DRUG TESTING

 

Scope of Policy

 

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

 

Methods of Testing

 

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

 

Definition

 

Safety sensitive function includes:

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

b)             All time spent driving the vehicle;

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

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

 

Requirements

 

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

1.      Random tests;

2.      Testing in conjunction with an accident;

3.      Receiving a citation for a moving traffic violation; and

4.      Reasonable suspicion.

 

Prohibitions

 

A.           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;

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

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

D.           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;

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

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

G.     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.

 

Consequences for Violations

 

Drivers who engage in any conduct prohibited by this policy, who refuse to take a required drug or alcohol test, refuse to sign the request for information required by law, or who exceed the acceptable limits for the respective tests shall no longer be allowed to perform safety sensitive functions.  Actions regarding their continued employment shall be taken in relation to their inability to perform these functions and could include termination or non-renewal of their contract of employment.2

 

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

 

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

 

 

 

 

 

 

 

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

                                    A.C.A. § 27-23-201 et seq.

                                    49 C.F.R. § 382-101 – 605

                                    49 C.F.R. § part 40

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

 

 

 

 

 

Date Adopted: 6-28-07

Last Revised:

 

 

 

 

 

 

3.8—CERTIFIED PERSONNEL SICK LEAVE

 

Definitions

 

1.              “Employee” is a full-time employee of the District.

 

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

 

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

 

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

 

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

 

Sick Leave

 

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

 

Pay for sick leave shall be at the employee’s daily rate of pay, which is that employee’s total contracted salary, divided by the number of days employed as reflected in the contract. Absences for illness in excess of the employee’s accumulated and current sick leave shall result in a deduction from the employee’s pay at the daily rate as defined above. Once accumulated days are exhausted, a teacher may qualify for five additional days at the cost of the substitute, if a doctor’s statement is provided verifying hospitalization or illness of the employee or immediate family member.  However, no employee shall be eligible for emergency leave more than twice in a four year period.  Teachers coming into the system will be credited with accumulated leave as per state law.  Sick leave benefits may be claimed beginning the first day of the contract period.

 

Accumulated sick leave days over 120 shall be bought by the district at a rate of 50% of the daily rate or $50 minimum.

 

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

 

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

 

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

 

Sick Leave and Family Medical Leave Act (FMLA) Leave

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

 

BEREAVEMENT

The Board of Education authorizes the superintendent to grant leave to employees who have had a death in the family (ie: mother, father, brother, sister, grandmother, grandfather, son, daughter, stepson, stepdaughter, mother-in-law, father-in-law, or anyone who has fulfilled this capacity in the family.)  In the event of death of a relative, leave shall be for three days with additional days coming from sick leave.  These three days shall be granted with pay and no deductions of other leave.

 

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

 

 

 

 

Date Adopted: 6-28-07

Last Revised:

 

 

 

 

 

 

 

 

 

 

 

 

 

3.9—CERTIFIED PERSONNEL SICK LEAVE BANK*

 

 

PERSONNEL SICK LEAVE POOL

 

Purpose- All school personnel may voluntarily join the self-supporting sick leave pool.  Each participant may contribute earned sick leave as outlined in this policy.  In the event of catastrophic or excessive accident or illness, members of the pool may be granted additional sick leave days as determined by this policy.

 

Sick Leave Pool Committee - The Lavaca School Personnel 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 Personnel Policy Committee member does not have to be a contributor to the sick leave pool to serve on the PPC or to assist in the PPC in making decisions concerning the sick leave pool.)  The Sick Leave Pool Committee will grant requests for sick leave from the pool after consideration of circumstances and need.

 

Catastrophic Illness or Injury - A member of the sick 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 days (which may or may not be consecutive) may request sick leave days from the pool.

 

Enrollment - 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 under any circumstance.  Non-members will be required to wait until the next contract year to enroll.  Newly hired personnel may join the sick leave pool by giving written notice within the first two weeks of employment.  Personnel who contribute to the pool will remain members until they no longer have days available in the pool.

 

Contribution - Pool members may contribute 1 to 3 days of earned sick leave to the sick leave pool.  The number of days contributed will be indicated on the written authorization to the bookkeeper who will deduct and transfer the day(s) from the individual’s sick leave account to the sick leave pool.

 

WITHDRAWING FROM THE POOL

 

Use of days from the pool shall be permitted only after the employee has exhausted all accumulated sick leave, vacation leave (if applicable), personal business days, and the five emergency leave days granted by the district.  (For extended absences due to job-related accidents or illness, sick leave from the pool may be granted only after consideration is given to any compensation received by the pool member from other governmental agencies, or in conjunction with the Family Medical Leave Act.)

 

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.  The member should request the days by submitting to the superintendent a physician’s statement specifying the extent of the illness or injury and the number of days needed.  The superintendent will submit the request to the Sick Leave Pool Committee who will make the final decision concerning the request.

 

Sick leave may be granted at the maximum rate of five (5) days for every one (1) day contributed.  Thus persons will receive sick leave days from the pool according to the following schedule:

 

Contribution                             Eligibility: Up to

1 day                                        5 sick leave days

2 days                                    10 sick leave days

3 days (maximum)                  15 sick leave days

 

 

MAINTENANCE

The Sick Leave Pool Committee will be responsible for maintaining the sick leave pool.  This includes keeping accurate records of members and their contributions.  The committee will annually study the number of sick leave days contributed, days granted, and days available in the pool.  The committee will report annually to a meeting of the pool members and will make recommendations concerning contributions at that time.  In cases of extreme emergency and by a majority vote of the membership, members can be assessed one extra day per year to maintain solvency.  Members who do not have days available shall be required to submit days the following year or be removed from the sick leave pool.  Should an excess of days accumulate in the pool, a majority of the membership can vote to return day(s) to members who are still employed by the district.

 

 

 

 

 

 

 

 

Legal Reference:    A.C.A. § 6-17-1208

 

 

 

 

Date Adopted: 6-28-07

Last Revised:

 

 

 

 

3.10—CERTIFIED PERSONNEL PLANNING TIME

 

A master schedule shall be created by the building level principal or designee indicating when each teacher’s planning period and scheduled lunch period will be. Planning time is for the purpose of scheduling conferences, instructional planning, and preparation. Each teacher will have the ability to schedule these activities during his/her designated planning time. Teachers may not leave campus during their planning time without prior permission from their building level supervisor or superintendent and signing out on the appropriate form in the building principal’s office. Calling the principal or the principal’s secretary is not sufficient.

 

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.

 

 

 

 

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

 

 

 

 

Date Adopted: 6-28-07

Last Revised:

 

 

 

 

 

 

 

 

 


 

3.11—CERTIFIED PERSONNEL PERSONAL AND PROFESSIONAL LEAVE

 

Personal Leave

 

For the district to function efficiently and have the necessary personnel present to effect a high achieving learning environment, employee absences need to be kept to a minimum. The district acknowledges that there are times during the school year when employees have personal business that needs to be addressed during the school day. Each full-time employee shall receive two (2) days of personal leave per contract year. 

 

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

 

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

Athletic or academic events related to the school district; and

Meetings and conferences related to education.

 

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

 

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

 

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

 

Personal leave may accumulate from one contract year to the next up to five total days.

 

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

 

 

 

 

Professional Leave

 

“Professional Leave” is leave granted for the purpose of enabling an employee to participate in professional activities (e.g., teacher workshops or serving on professional committees) which can serve to improve the school district’s instructional program or enhances the employee’s ability to perform his duties. Professional leave will also be granted when a school district employee is subpoenaed for a matter arising out of the employee’s employment with the school district. Any employee seeking professional leave must make a written request to his immediate supervisor, setting forth the information necessary for the supervisor to make an informed decision. The supervisor’s decision is subject to review and overruling by the superintendent. Budgeting concerns and the potential benefit for the district’s students will be taken into consideration in reviewing a request for professional leave.

 

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

 

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

 

 

Legal Reference:           A.C.A. § 6-17-211

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.

 

 

 

 

Date Adopted: 6-28-07

Last Revised: 6-23-08

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

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

 

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

 

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

 

 

 

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

 

 

 

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

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

 

Legal Reference:           A.C.A. § 12-12-913 (g) (2)

                                    Arkansas Department of Education Guidelines for “Megan’s Law”

                                    A.C.A. § 5-14-132

 

 

 

Date Adopted: 6-28-07

Last Revised: 6-23-08


 

3.13—CERTIFIED PERSONNEL PUBLIC OFFICE

 

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

 

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

 

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

 

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

 

 

 

 

Legal Reference:    A.C.A. § 6-17-115

 

 

 

 

Date Adopted: 6-28-07

Last Revised:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

3.14—CERTIFIED PERSONNEL JURY DUTY

 

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

 

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

 

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

 

 

 

Legal Reference:    A.C.A. § 16-31-106

 

 

 

 

Date Adopted: 6-28-07

Last Revised:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

3.15—CERTIFIED PERSONNEL LEAVE — INJURY FROM ASSAULT

 

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

 

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

 

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

 

 

 

 

Legal Reference:    A.C.A. § 6-17-1209

 

 

 

 

Date Adopted: 6-28-07

Last Revised:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

3.16—CERTIFIED PERSONNEL REIMBURSEMENT FOR PURCHASE OF SUPPLIES

 

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 are available in the account. For the purposes of this policy, pre-kindergarten through sixth grade teachers shall be eligible for the allotted supply reimbursement for those students enrolled in the teacher’s class for more than 50% of the school day at the end of the first three months of the school year.

 

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

 

Unused allotments may be carried over from one fiscal year to the next.

 

 

 

 

 

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

 

 

 

 

Date Adopted: 6-28-07

Last Revised:

 


 

3.17—INSULT OR ABUSE OF CERTIFIED PERSONNEL

 

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

 

1. Cause a breach of the peace;

 

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

 

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

 

 

 

 

Legal Reference:    A.C.A. § 6-17-106

 

 

 

 

Date Adopted: 6-28-07

Last Revised:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

3.18—CERTIFIED PERSONNEL OUTSIDE EMPLOYMENT

 

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

 

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

 

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

 

 

 

 

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

 

 

 

 

Date Adopted: 6-28-07

Last Revised:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

3.19—CERTIFIED PERSONNEL EMPLOYMENT

 

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

 

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

 

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

 

 

 

 

Date Adopted: 6-28-07

Last Revised:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

3.20—CERTIFIED PERSONNEL REIMBURSEMENT OF TRAVEL EXPENSES

 

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

 

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

 

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

 

 

 

 

Cross Reference: Policy 7.12—EXPENSE REIMBURSEMENT

 

 

 

 

Date Adopted: 6-28-07

Last Revised:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

3.21—CERTIFIED PERSONNEL TOBACCO USE *

 

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

 

 

 

 

 

Legal Reference:    A.C.A. § 6-21-609

 

 

 

 

Date Adopted: 6-28-07

Last Revised:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

3.22—DRESS OF CERTIFIED EMPLOYEES

 

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

 

 

 

 

Date Adopted: 6-28-07

Last Revised:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

3.23—CERTIFIED 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.

 

 

 

 

Date Adopted: 6-28-07

Last Revised:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

3.24—CERTIFIED PERSONNEL DEBTS

 

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

 

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

 

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

 

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

 

 

 

 

Date Adopted: 6-28-07

Last Revised:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

3.25—CERTIFIED PERSONNEL GRIEVANCES

 

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

 

Definitions

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

 

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

1.              More than one individual has interest in the matter; and

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

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

4.              All individuals within the group are requesting the same relief.

 

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

 

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

 

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

 

Process

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

 

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


 

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

 

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

 

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

 

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

 

The school board will address the grievance at the next regular meeting of the school board, unless the employee agrees in writing to an alternate date for the hearing. After reviewing the Level Two Grievance Form and the superintendent’s reply, the board will decide if the grievance, on its face, is grievable under district policy. If the grievance is presented as a “group grievance,” the Board shall first determine if the composition of the group meets the definition of a “group grievance.” If the Board determines that it is a group grievance, the Board shall then determine whether the matter raised is grievable. If the Board rules the composition of the group does not meet the definition of a group grievance, or the grievance, whether group or individual, is not grievable, the matter shall be considered closed. (Individuals within the disallowed group may choose to subsequently refile their grievance as an individual grievance beginning with Level One of the process.) If the Board rules the grievance to be grievable, they shall immediately commence a hearing on the grievance. All parties have the right to representation by a person of their own choosing who is not a member of the employee’s immediate family at the appeal hearing before the Board of Directors. The employee shall have no  less than 90 minutes to present his/her grievance , unless a shorter period is agreed to by the employee, and both parties shall have the opportunity to present and question witnesses. The hearing shall be open to the public unless the employee requests a private hearing. If the hearing is open, the parent or guardian of any student under the age of eighteen years who gives testimony may elect to have the student’s testimony given in closed session. At the conclusion of the hearing, if the hearing was closed, the Board of Directors may excuse all parties except board members and deliberate, by themselves, on the hearing. At the conclusion of an open hearing, board deliberations shall also be in open session unless the board is deliberating the employment, appointment, promotion, demotion, disciplining, or resignation of the employee. A decision on the grievance shall be announced no later than the next regular board meeting.

 

Records

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

 

Reprisals

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

 

 

 

 

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

 

 

 

 

Date Adopted: 6-28-07

Last Revised:

 

 

 

 

 

 

 


 

3.25F—CERTIFIED 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: 6-28-07

Last Revised:


 

3.26—CERTIFIED PERSONNEL SEXUAL HARASSMENT

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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


 

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

 

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

 

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

 

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

 

 

 

 

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

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

                                                A.C.A.  § 6-15-1005 (b) (1)

 

 

 

 

Date Adopted: 6-28-07

Last Revised:

 

 

 

 

 

 

 

 

 

 

 

 

 


 

3.27—CERTIFIED 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: 6-28-07

Last Revised:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

3.28—CERTIFIED PERSONNEL COMPUTER USE POLICY                    

 

The Lavaca 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.

 

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

 

Employees who misuse district-owned computers in any way, including excessive personal use, using computers for personal use during 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.

 

 

 

 

 

 

 

 

Date Adopted: 6-28-07

Last Revised: 6-23-08

 

 

 

 

 

 

 

 

 


 

3.28F—CERTIFIED PERSONNEL EMPLOYEE INTERNET USE AGREEMENT

 

Name (Please Print)________________________________________________________________

 

School____________________________________________________________Date____________

 

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

 

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

 

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

 

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

 

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

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

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

d.              posting anonymous messages on the system;

e.               using encryption software;

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

g.               causing congestion of the network through lengthy downloads of files;

h.               vandalizing data of another user;

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

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

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

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

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

n.               invading the privacy of individuals;

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

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

q.              degrading or disrupting equipment or system performance;

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


 

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

t.                  providing access to the District’s Internet Access to unauthorized individuals; or

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

v.               making unauthorized copies of computer software;

w.           personal use of computers during instructional time; or

x.               Installing software on district computers without prior approval of technology director or his/her designee.

 

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: 6-28-07

Last Revised:

 

 

 

 

 

 

 

 

 

 

 

 


 

3.29—CERTIFIED PERSONNEL SCHOOL CALENDAR

 

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

 

The Lavaca School District shall operate by the following calendar.

 

2008-2009 Lavaca School Calendar

Professional Development                       August 11

Professional Development                       August 12

Professional Development                       August 13

Open House/ Work Day                           August 14

School Starts                                            August 18

Labor Day                                                                September 1; No School

Parent/Teacher Conference                     September 15

Professional development                        September 16; No Students

End of 1st Quarter                                    October 17    (43 days) 43Total

Professional Development                       November 24; No Students

Professional Development                       November 25; No Students

Thanksgiving Holiday                                              November 26, 27, 28

Christmas Break                                       December 22- January 2

Classes Resume                                         January 5

End of 2nd Quarter                                   January 9 (45 days) 88 Total

Parent/Teacher Conference                     February 12

Professional Development                       February 13

Presidents’ Day (No School)                    February 16

End of 3rd Quarter                                    March 20 (48 days) 136 Total

Spring Break                                            March 23-27

Good Friday                                             April 10; No School

Graduation                                                               May 23

Memorial Day                                          May 25; No School

End of 4th Quarter                                    May 28 (42days) 178 Total

 

 

1st  Quarter (43)      Aug 18-Oct 17         Student Days: 178 Days

2nd Quarter (45)      Oct 20-Jan 9            Parent/Teacher Days: 2 Days

3rd  Quarter(48)       Jan 12-Mar 20         Staff Development   : 10 Days

4th  Quarter (46)     Mar 30-May 28       TOTAL: Teacher Days: 190

 

                Professional Development (7 Days in district, 3 days out of district)

Snow Day(s) Make-up Order: May 29, June 1, 2

 

Amended/Approved by Board: April 21, 2008 

 

Note:     A.C.A. § 6-17-201 which was amended by Act 1120 of 2003 requires that personnel policies include the annual calendar, holidays and non-instructional days, and designation of workdays. While we feel that this phrasing is redundant, to be in compliance with the Act be sure that the calendar spells out which days are holidays, non-instructional days, and work days.  

Legal Reference:    A.C.A. § 6-17-201

 

 

 

Date Adopted: 6-28-07

Last Revised: 6-23-08

 

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) or legal guardian(s) of each of their students to discuss their academic progress. 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, notice of, and the reasons for retention shall be communicated promptly in a personal conference.

 

 

 

 

Legal Reference:    State Board of Education Standards of Accreditation 12.04.1, 12.04.2, and 12.04.3

A.C.A. § 6-15-1701(b)(3)(C)

 

 

 

 

Date Adopted: 6-28-07

Last Revised:

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

3.31—DRUG FREE WORKPLACE - CERTIFIED PERSONNEL

 

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

 

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

The following statement and procedure is published in compliance with section 5145 of the Drug Free Schools and Communities Act.

 

The Lavaca School District is dedicated to providing a drug-free workplace for all employees.  Lavaca School District employees are advised that the following activities are prohibited on Lavaca School District property, during working hours, or at any Lavaca School District function:

 

Use of a controlled substance which includes being under the influence of a controlled substance:

Possession of a controlled substance:

Distribution (in any manner) of a controlled substance to any person: and

Manufacture of a controlled substance:

Controlled substance as used above shall include alcohol:

 

An employee of the Lavaca School District engaging in any of the above prohibited activities is subject to termination and will be referred to the proper legal authority for prosecution.

 

As a condition of employment an employee must:

Abide by the terms of this statement: and

Notify the employer within five (5) days of any criminal drug status conviction for a violation occurring in the workplace.

 

 

Agencies in the Lavaca School District area available for drug counseling or drug rehabilitation programs include:

 

 

 

 

 

 

 

 

 

 

Alcoholics Anonymous Intergroup Office                                                         783-0123

Gateway House, Inc.                                                                                       783-8849

Harbor House, Inc.                                                                                          785-4043

Harbor House Mercy Hospital                                                             484-5500

Sparks Care Unit                                                                                             441-5500

Western Arkansas Counseling & Guidance Center                                1-800-542-1031

 

Employees of the Lavaca School District will be provided a copy of this statement and a copy of appropriate drug-free workplace awareness information.

 

 

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

 

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

 

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

 

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

 

Any employee who is charged with a violation of any state or federal law relating to the possession, use or distribution of illegal drugs, other controlled substances or alcohol, or of drug paraphernalia, must notify his immediate supervisor within five (5) week days (i.e., Monday through Friday, inclusive, excluding holidays) of being so charged.  The supervisor who is notified of such a charge shall notify the Superintendent immediately.  If the supervisor is not available to the employee, the employee shall notify the Superintendent within the five (5) day period.  

 

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

 

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

 

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

 

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

 

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

 

 

 

 

 

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

 

 

 

 

Date Adopted: 6-28-07

Last Revised:

 

3.31F—DRUG FREE WORKPLACE POLICY ACKNOWLEDGEMENT

 

CERTIFICATION

 

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

 

 

 

Signature _________________________________________________

 

Date __________________

 


 

3.32—CERTIFIED PERSONNEL FAMILY MEDICAL LEAVE *

 

Definitions:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

A)    a military medical treatment facility as an outpatient; or

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

 

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

 

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

 

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

 

 

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

 

Policy

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

 

Leave Eligibility

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

 

 

District Notice to Employees

 

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

 

Employee Notice to District

 

Foreseeable:

 

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

 

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

 

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

 

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

 

Unforeseeable:

 

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

 

Medical Certification3 

 

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

 

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

 

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

 

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

 

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

 

a.       The employee requests an extension of leave;

 

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

 

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

 

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

 

No second or third opinion on recertification may be required.

 

Sick Leave and Family Medical Leave Act (FMLA) Leave

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

 

Concurrent Leave

 

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

 

 

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

 

Health Insurance Coverage

 

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

 

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

 

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

 

a.       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

 

b.      Other circumstances exist beyond the employee’s control.

 

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

 

Reporting Requirements During Leave

 

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

 

Return to Work

 

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

 

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

 

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

 

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

 

Intermittent or Reduced Schedule Leave

 

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

 

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

(A) made a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the employer, subject to the approval of the health care provider of the employee or the health care provider of the son, daughter, spouse, or parent of the employee, as appropriate; and

(B) provided the employer with not less than 30 days' notice, before the date the leave is to begin, of the employee's intention to take leave under such subparagraph, except that if the date of the treatment requires leave to begin in less than 30 days, the employee shall provide such notice as is practicable.

 

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

 

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

1)      to take medical leave for periods of a particular duration, not to exceed the duration of the planned medical treatment; or

2)      to transfer temporarily to an available alternative position offered by the employer for which the employee is qualified and that has equivalent pay and benefits and better accommodates recurring periods of leave than the regular employment position of the employee.

 

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

 

Leave more than 5 weeks prior to end of term.

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

(A) the leave is of at least 3 weeks duration; and

(B) the return to employment would occur during the 3-week period before the end of such term.

 

 

Leave less than 5 weeks prior to end of term

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

(A) the leave is of greater than 2 weeks duration; and

(B) the return to employment would occur during the 2-week period before the end of such term.

 

Leave less than 3 weeks prior to end of term

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

 

 

 

 

Cross Reference: 3.8—CERTIFIED PERSONNEL SICK LEAVE

 

 

 

 

Legal References:         29 USC §§ 2601 et seq.

                                    29 CFR 825.100 et seq.

 

 

 

 

Date Adopted: 6-23-08

Last Revised:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3.33—ASSIGNMENT OF EXTRA DUTIES FOR CERTIFIED PERSONNEL

 

From time to time extra duties may be assigned to certified personnel by the school principal or the Superintendent as circumstances dictate.

 

 

 

 

Legal Reference:    A.C.A. § 6-17-201

 

 

 

 

Date Adopted: 6-28-07

Last Revised:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3.34—CERTIFIED PERSONNEL CELL PHONE USE

 

 

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

 

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

 

 

 

 

 

 

 

Date Adopted: 6-28-07

Last Revised: 6-23-08

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3.35—CERTIFIED PERSONNEL BENEFITS

 

 The Lavaca School District provides its certified personnel benefits consisting of the following.1

 

1.              The priceless reward of helping shape the life and future of our children;

2.              Health insurance assistance;

3.              Contribution to the teacher retirement system;

4.              One sick leave day per calendar month worked; and

5.              2 Personal days.

6.    Dental Insurance paid by the school district

 

 

 

 

 

 

 

Legal Reference:    A.C.A. § 6-17-201

 

 

 

 

Date Adopted: 6-28-07

Last Revised:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

3.36—CERTIFIED PERSONNEL DISMISSAL AND NON-RENEWAL

 

For procedures relating to the termination and non-renewal of teachers, please refer to the Arkansas Teacher Fair Dismissal Act A.C.A. §§ 6-17-1501 through 1510. . The Act specifically is not made a part of this policy by this reference.

 

 

A copy of the Act is available for review in the office of the principal of each school building.

 

 

 

 

Legal Reference:    A.C.A. § 6-17-201

 

 

 

 

Date Adopted: 6-28-07

Last Revised:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

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: 6-28-07

Last Revised:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

3.38—CERTIFIED PERSONNEL RESPONSIBILITIES GOVERNING BULLYING

 

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 principal. The principal or his/her designee shall be responsible for investigating the incident(s) to determine if disciplinary action is warranted.

 

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

 

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

 

Definition:

Bullying is any pattern of behavior by a student, or a group of students, that is intended to harass, intimidate, ridicule, humiliate, or instill fear in another child or group of children. Bullying behavior can be a threat of, or actual, physical harm or it can be verbal abuse of the child. Bullying also includes unacceptable behavior identified in this policy which is electronically transmitted. Bullying is a series of recurring actions committed over a period of time directed toward one student, or successive, separate actions directed against multiple students.

 

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

 

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

 

2.              Pointed questions intended to embarrass or humiliate,

 

3.              Mocking, taunting or belittling,

 

4.              Non-verbal threats and/or intimidation such as “fronting” or “chesting” a person,

 

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

 

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

 

7.              Blocking access to school property or facilities,

 

8.              Deliberate physical contact or injury to person or property,

 

9.              Stealing or hiding books or belongings, and/or

 

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

 

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

 

 

 

 

Legal Reference:    A.C.A. § 6-18-514

 

 

 

Date Adopted: 6-28-07

Last Revised:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3.39— CERTIFIED 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 certified employee.

 

 

 

 

Legal Reference:           A.C.A. § 6-17-104

 

 

 

 

 

Date Adopted: 6-28-07

Last Revised:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

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

 

The duty to report suspected child abuse or maltreatment is a direct and personal duty, and cannot be assigned or delegated to another person.   There is no duty to investigate, confirm or substantiate statements a student may have made which form the basis of the reasonable cause to believe that the student may have been abused or subjected to maltreatment by another person; however, a person with a duty to report may find it helpful to make a limited inquiry to assist in the formation of a belief that child abuse, maltreatment or neglect has occurred, or to rule out such a belief1. Employees and volunteers who call the Child Abuse Hotline in good faith are immune from civil liability and criminal prosecution.

 

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

 

 

 

 

 

 

 

 

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

 

 

 

 

Date Adopted: 6-23-08

Last Revised:

 

 

 

 

 

 

 

 

 

3.41—CERTIFIED PERSONNEL VIDEO SURVEILLANCE

 

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

 

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

 

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

 

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

 

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

 

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

 

 

 

 

Note: This policy is similar to policies 4.48 and 8.29. If you change this policy, review 4.48 and 8.29 at the same time to ensure applicable consistency between the policies.

 

 

 

 

Date Adopted: 6-23-08

Last Revised:

 

 

 

 

3.42---CIVIC DUTIES AND/OR EDUCATIONAL CONSULTANT SERVICES

 

            Staff members who are absent from their duties because of civic duties and /or educational consultant services will:

 

  1. Notify their immediate supervisor of their commitment in time for arrangements to be made for continuing their activities;
  2. Be treated as on school business for jury duty and/or school-related matters.  Persons subpoenaed as a witness in any court of law on school-related matters will be treated as on school business.  Absences for non-jury, personal, non-school related appearances in court will be treated as personal business;
  3. Be entitled to his or her regular salary minus the cost of a substitute teacher’s salary for each day absent for military service up to a maximum of fifteen (15) school days per year;

 

Employees called to duty in emergency situations by the Governor or the President will be granted leave with pay not to exceed thirty (30) days.  Notwithstanding any other law, during the period that an employee of a public school district is called to active duty as a member of the National Guard or any of the reserve components of the armed forces by order of the President or the Governor of an emergency nature or contingency for more than (30) working days, the employee shall be eligible for continued proportionate salary payments which, when combined with the employee’s active duty pay, equal the amount that the employee would have otherwise received but for the employee’s active duty under the order of the President or the Governor.  This leave will be granted in addition to all other leave to which the employee is entitled.

 

Emergency situations means any case of invasion, disaster, insurrection, riot, breach of peace, or imminent danger thereof, threats to the public health or security, or threats to the maintenance of law and order.

 

Employees called into active military duty with the Reserves or National Guard will retain all seniority rights and benefits as of the time they are called to military service provided they notify in writing the Lavaca School District within ninety days after the effective date of their release from active duty.  The right of re-employment will conform with all federal government rules and regulations.

 

An employee who leaves employment with the School District to serve in the uniformed services of the United States and returns to employment with the School District within a five-year period will be treated as not having incurred a break in service.

 

Approved: 6-28-07