TABLE OF CONTENTS

SECTION 8—CLASSIFIED PERSONNEL POLICIES

8.1—CLASSIFIED PERSONNEL SALARY SCHEDULE
8.2—CLASSIFIED PERSONNEL EVALUATIONS
8.3—EVALUATION OF CLASSIFIED PERSONNEL BY RELATIVES
8.4—CLASSIFIED EMPLOYEES DRUG TESTING
8.5––CLASSIFIED EMPLOYEES SICK LEAVE
8.5.1––CLASSIFIED EMPLOYEE SICK LEAVE BANK
8.6—CONTRACTS/WORKDAYS/VACATIONS
8.7—CLASSIFIED PERSONNEL PERSONAL AND PROFESSIONAL LEAVE
8.8—CLASSIFIED PERSONNEL RESPONSIBILITIES IN DEALING WITH SEX OFFENDERS ON CAMPUS
8.9—PUBLIC OFFICE - CLASSIFIED PERSONNEL
8.10—JURY DUTY – CLASSIFIED PERSONNEL
8.11—OVERTIME, COMPTIME, AND COMPLYING WITH FLSA
8.12—CLASSIFIED PERSONNEL OUTSIDE EMPLOYMENT
8.13—CLASSIFIED PERSONNEL EMPLOYMENT
8.14—CLASSIFIED PERSONNEL REIMBURSEMENT OF TRAVEL EXPENSES
8.15—CLASSIFIED PERSONNEL TOBACCO USE
8.16—DRESS OF CLASSIFIED EMPLOYEES
8.17—CLASSIFIED PERSONNEL POLITICAL ACTIVITY
8.18—CLASSIFIED PERSONNEL DEBTS
8.19—CLASSIFIED PERSONNEL GRIEVANCES
8.19F—LEVEL TWO GRIEVANCE FORM - CLASSIFIED
8.20—CLASSIFIED PERSONNEL SEXUAL HARASSMENT
8.21—CLASSIFIED PERSONNEL SUPERVISION OF STUDENTS
8.22—CLASSIFIED PERSONNEL COMPUTER USE POLICY
8.22F—CLASSIFIED PERSONNEL Internet Use Agreement
8.23—CLASSIFIED PERSONNEL FAMILY MEDICAL LEAVE*
8.24—SCHOOL BUS DRIVER’S USE OF CELL PHONES
8.25—CLASSIFIED PERSONNEL CELL PHONE USE
8.26—CLASSIFIED PERSONNEL RESPONSIBILITIES GOVERNING BULLYING
8.27—CLASSIFIED PERSONNEL LEAVE — INJURY FROM ASSAULT
8.28—DRUG FREE WORKPLACE - CLASSIFIED PERSONNEL
8.28F—DRUG FREE WORKPLACE POLICY ACKNOWLEDGEMENT
8.29—CLASSIFIED PERSONNEL VIDEO SURVEILLANCE AND OTHER MONITORING
8.30—CLASSIFIED PERSONNEL REDUCTION IN FORCE
8.31—CLASSIFIED PERSONNEL TERMINATION AND NON-RENEWAL
8.32—CLASSIFIED PERSONNEL ASSIGNMENTS
8.33—CLASSIFIED PERSONNEL SCHOOL CALENDAR
8.34—CLASSIFIED PERSONNEL WHO ARE MANDATED REPORTERS DUTIES
8.35—OBTAINING and RELEASING STUDENT’S FREE AND REDUCED PRICE MEAL ELIGIBILITY INFORMATION
8.36—CLASSIFIED PERSONNEL WORKPLACE INJURIES and WORKERS’ COMPENSATION
8.37—CLASSIFIED PERSONNEL SOCIAL NETWORKING AND ETHICS
8.38—CLASSIFIED PERSONNEL VacationS
8.39—Depositing collected funds
8.40—CLASSIFIED PERSONNEL WEAPONS ON CAMPUS
8.41—CLASSIFIED PERSONNEL HEALTH CARE COVERAGE REPORTING
8.41.1— WRITTEN CODE OF CONDUCT FOR EMPLOYEES INVOLVED IN PROCUREMENT WITH FEDERAL FUNDS
8.41F—CLASSIFIED PERSONNEL HEALTH CARE COVERAGE AND TIN REPORT FORM
8.42—CLASSIFIED PERSONNEL BUS DRIVER END of ROUTE REVIEW
8.44—CLASSIFIED PERSONNEL CONTRACT RETURN

CLASSIFIED PERSONNEL

8.1—CLASSIFIED PERSONNEL SALARY SCHEDULE

Classified Salary Schedule
                                                                                         2019 – 2020
Position	0	1	2	3	4	5	6	7	8	9	10	
Bus Mechanic
246 Day Contract	$32,814.	$33,114.	$33,414.	$33,714.	$34,014.	$34,314.	$34,614.	$34,914.	$35,214	$35,514.	$35,814.	
Bus Driver-Long
178 Day Contract	$10,512.	$10,662.	$10,812.	$10,962.	$11,112.	$11,262.	$11,412.	$11,562.	$11,712.	$11,862.	$12,012.	
Bus Driver-Short
178 Day Contract	$9,725.	$9,875.	$10,025.	$10,175.	$10,325.	$10,475.	$10,625.	$10,775.	$10,925.	$11,075.	$11,225.	
Bus Driver-ASUMH
178 Day Contract	$10,512.	$10,662.	$10,812.	$10,962.	$11,112.	$11,262.	$11,412.	$11,562.	$11,712.	$11,862.	$12,012.	
Bookkeeper
246 Day Contract	$39,740.	$40,040.	$40,340.	$40,640.	$40,940.	$41,240.	$41,540.	$41,840.	$42,140.	$42,440.	$42,740.	
Asst. Bookkeeper
246 Day Contract	$28,728.	$29,028.	$29,328.	$29,628.	$29,928.	$30,228.	$30,528.	$30,828.	$31,128.	$31,428.	$31,728.	
Central Office Secretary
246 Day Contract	$24,889.	$25,189.	$25,489.	$25,789.	$26,089.	$26,389.	$26,689.	$26,989.	$27,289.	$27,589.	$27,889.	
H.S.  Secretary
246 Day Contract	$22,770.	$23,070.	$23,370.	$23,670.	$23,970.	$24,270.	$24,570.	$24,870.	$25,170.	$25,470.	$25,770.	
E.S. Secretary
246 Day Contract	$22,770.	$23,070.	$23,370.	$23,670.	$23,970.	$24,270.	$24,570.	$24,870.	$25,170.	$25,470.	$25,770.	
Food Service Director
210 Day Contract	$19,488.	$19,788.	$20,088.	$20,388.	$20,688.	$20,988	$21,288.	$21,588.	$21,888.	$22,188.	$22,488	
Head Cook
186 Day Contract	$15,150.	$15,450.	$15,750.	$16,050.	$16,350.	$16,650.	$16,950.	$17,250.	$17,550.	$17,850.	$18,150.	
Cook (7 Hr.)
186 Day Contract	$13,020.	$13,320.	$13,620.	$13,920.	$14,220.	$14,520.	$14,820.	$15,120.	$15,420.	$15,720.	$16,020.	
Study Hall Supervisor
186 Day Contract	$16,463.	$16,763.	$17,063.	$17,363.	$17,663.	$17,963.	$18,263.	$18,563.	$18,863.	$19,163.	$19,463.	
Distance Learning Facilitator
186 Day Contract	$16,463.	$16,763.	$17,063.	$17,363.	$17,663.	$17,963.	$18,263.	$18,563.	$18,863.	$19,163.	$19,463.	
Teacher’s Aide
186 Day Contract	$15,834.	$16,134.	$16,434.	$16,734.	$17,034.	$17,334.	$17,634.	$17,934.	$18,234.	$18,534.	$18,834.	
Maintenance Supervisor
246 Day Contract	$29,916.	$30,216.	$30,516.	$30,816.	$31,116.	$31,416.	$31,716.	$32,016.	$32,316.	$32,616.	$32,916.	
Head Custodian
246 Day Contract	$21,725.	$22,025.	$22,325.	$22,625.	$22,925.	$23,225.	$23,525.	$23,825.	$24,125.	$24,425.	$24,725.	
Asst. Custodian
246 Day Contract	$19,680.	$19,980.	$20,280.	$20,580.	$20,880.	$21,180.	$21,480.	$21,780.	$22,080.	$22,380.	$22,680.	
Grounds/Custodian Maintenance
246 Day Contract	$21,725.	$22,025.	$22,325.	$22,625.	$22,925.	$23,225.	$23,525.	$23,825.	$24,125.	$24,425.	$24,725.	
Resource Officer
210 Day Contract	$32,563.	$32,863.	$33,163.	$33,463.	$33,763.	$34,063.	$34,363.	$34,663.	$34,963.	$35,263.	$35,563.	
Asst. Computer Tech.
246 Day Contract	$22,515.	$22,815.	$23,115.	$23,415.	$23,715.	$24,015.	$24,315.	$24,615.	$24,915.	$25,215.	$25,515.	

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

ALL RAISES MUST EITHER BE ADDED TO BASE OR THROUGH ADDITONAL STEPS.  ALL INCREMENTS ARE $300.00 EXCEPT BUS DRIVER WHICH ARE $150.00

The Salem School District provides a monthly contribution towards insurance programs up to the employer contribution rate set by Arkansas State Law for those employees participating in the Arkansas Public School Employee Health Insurance Program.

Substitute Teacher:  $70.00 per day

Substitute Teacher–Pay per day for days 11 - 29 of consecutive employment for one teacher:  $100.00

Substitute Teacher–Pay per day once past 30 or more consecutive days in same position:  $130.00
 
Substitute Bus Driver:  Equal to the daily rate of regular driver on step 10 on classified salary schedule

School Bus Activity Trip Driver:  $13.00 per hour.  If the trip requires a driver to have a substitute, the District  will pay the driver’s substitute during the driver’s absence.  On an overnight trip, 
 a driver will be paid a maximum of ten (10) hours per day.

Half-time (drives either morning or afternoon only) bus driver:  Will be paid one-half of the amount listed on the salary schedule for the appropriate position and step

Stipend for special needs town bus route:  $1,000.00

School Nurse:  Eighty-Eight (88%) percent of licensed salary schedule

Technology Coordinator:  1.15 times position on licensed salary schedule

Student/Part-time worker:  Minimum Wage

Cleaning Athletic Facilities:  $50 per event

The superintendent has the authority, when recommending an applicant and his/her replacement on the District’s salary schedule to the Board for its approval, to consider the applicant’s previous
work experience with similar duties, responsibilities, and skill sets to those job duties and  responsibilities the applicant would assume for the District.

Districts shall distribute funding for health insurance coverage in accordance with state law, the Affordable Care Act, and policy 7.23‑Health Care Coverage and the Affordable Care Act. The District reserves the right to adjust the monthly distribution as necessary to account for changes in staffing, student population, and the ADE determination of the funding required to be distributed based on the funding matrix. Specifically, the amount distributed to each employee is NOT part of their salary and is NOT guaranteed to be the same from month-to-month or year-to-year.

______________________________________				_____________________________________
(President, Guy B. Smith)					                 Date

Legal References:	A.C.A. § 6-17-2301

Date Adopted:  June 16, 2008
Last Revised:  March 11,  2019

8.2—CLASSIFIED PERSONNEL EVALUATIONS

Classified personnel may be periodically evaluated.

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

Legal Reference: 	A.C.A. § 6-17-2301

Date Adopted:  June 16, 2008
Last Revised:  June 16, 2008

8.3—EVALUATION OF CLASSIFIED PERSONNEL BY RELATIVES

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

Date Adopted:  June 16, 2008
Last Revised:  June 16, 2008

8.4—CLASSIFIED EMPLOYEES DRUG TESTING

Scope of Policy

Each person hired for a position that allows or requires the employee operate a school bus shall meet the following requirements:
1.	The employee shall possess a current commercial vehicle drivers license for driving a school bus;
2.	Have undergone a physical examination, which shall include a drug test, by a licensed physician or advanced practice nurse within the past two years; and
3.	A current valid certificate of school bus driver in service training.

Each person’s initial employment for a job entailing a safety sensitive function is conditioned upon the district receiving a negative drug and alcohol 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.

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.

“School Bus” is a motorized vehicle that meets the following requirements:
1.	Is designed to carry more than ten (10) passengers; 
2.	Is privately owned and operated for compensation, or which is owned, leased or otherwise operated by, or for the benefit of the District; and
3.	Is operated for the transportation of students from home to school, from school to home, or to and from school events.

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.

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

Consequences for Violations

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

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

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

Legal Reference:	A.C.A. § 6-19-108
A.C.A. § 6-19-119
A.C.A. § 27-23-201 et seq.
49 C.F.R. § 382.101 – 605
49 C.F.R. § part 40
49 C.F.R. § 390.5
Arkansas Division of Academic Facilities and Transportation Rules Governing Maintenance and Operations of Arkansas Public School Buses and Physical Examinations of School Bus Drivers

Date Adopted:  June 16, 2008
Last Revised:  May 19, 2014

8.5––CLASSIFIED EMPLOYEES SICK LEAVE

Definitions

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

2.	“Part time employee” is a contracted employee of the District working less than 20 hours per week.

3.	“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.

4.	“Current Sick Leave” means those days of sick leave for the current contract year, which leave is granted at the rate of one day of sick leave per month worked for full time employees, or major part thereof.  Part time employees shall be eligible for five (5) days of sick leave per year.  Accumulated sick leave also includes the sick leave transferred from an employee’s previous public school employment.

5.	“Accumulated Sick Leave” is the total of unused sick leave, up to a maximum of ninety (90) days accrued from previous contract, but not used for full time non-instructional employees.  Part time employees may accumulate up to a maximum of twenty-five (25) days accrued from the previous contract.

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

Sick Leave

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

Employees who are adopting or seeking to adopt a minor child or minor children may use up to fifteen (15) sick leave days in any school year for absences relating to the adoption, including time needed for travel, time needed for home visits, time needed for document translation, submission or preparation, time spent with legal or adoption agency representatives, time spent in court, and bonding time. See also, 8.23—CLASSIFIED PERSONNEL FAMILY MEDICAL LEAVE, which also applies. Except for bonding time, documentation shall be provided by the employee upon request.

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

At the discretion of the principal (or Superintendent),  and, if  FMLA is applicable, subject to the certification or recertification provisions contained in policy 8.23—CLASSIFIED PERSONNEL FAMILY MEDICAL LEAVE the District may require a written statement from the employee’s physician documenting the employee’s illness. Failure to provide such documentation of illness may result in sick leave not being paid, or discipline up to and including termination.

If the employees absences are not subject to the FMLA or are in excess of what is protected under the FMLA, excessive absenteeism, to the extent that the employee is not carrying out his assigned duties to the degree that the education of students or the efficient operation of a school or the district is substantially adversely affected (at the determination of the principal or Superintendent) may result in dismissal. 

Sick Leave and Outside Employment

Sick leave related absence from work (e.g. sick leave for personal or family illness or accident, Workers Comp, and FMLA) inherently means the employee is also incapable of working at any source of outside employment. Except as provided in policy 8.36, if an employee who works a non-district job while taking district sick leave for personal or family illness or accident, Workers Comp, or FMLA shall be subject to discipline up to and including termination.

Non-instructional full time employees may accumulate up to ninety (90) sick days.  Any full-time non-instructional employee that has more than ninety (90) sick days at the completion of a school year will be compensated for each sick day in excess of ninety (90) at the completion of a school year will be compensated for each sick day in excess of 90 that are not used each year.  Compensation will be at the rate of $70.00 per day.  Part-time non-instructional employees may accumulate up to twenty-five (25) sick days.  Any part-time non-instructional employee that has more than twenty-five (25) sick days at the completion of a school year will compensated for each sick day in excess of twenty-five (25) that are not used each year.  Compensation will be at the rate of $40.00 per day.

Pay For Sick Leave Upon Retirement

The following qualifications must be met to receive compensation for unused sick leave upon retirement:
1.  The employee must be eligible for retirement.
3.  The employee must have applied for retirement.
4.  The employee will be compensated for up to ninety (90) days of unused sick leave at $70.00 per day.

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

Date Adopted:  June 16, 2008
Last Revised:  June 17, 2019

8.5.1––CLASSIFIED EMPLOYEE SICK LEAVE BANK

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

The Sick Leave Bank Committee shall consist of current Personnel Policy Committee members.

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

Participation shall be on a voluntary basis.  Each classified employee shall contribute one (1) day of earned sick leave per year.  Each bus driver shall contribute one-half (1/2) day of earned sick leave per year.  The participant must submit, no later than September 15, a signed agreement to the district treasurer’s office authorizing the contributed day.

After the election to participate in the sick leave bank has been made, participation shall be continuous, unless the District Treasurer receives a written request from the participant by September 15 for the withdrawal of membership in the sick leave bank.  Days contributed to the sick leave bank by signed authorization cannot be returned to the participant.

Withdrawals

The Committee may grant sick leave up to ninety (90) days per contract year for catastrophic illness (not including accidents for which the employee is receiving Workers’ Compensation), which cause the employee to be absent from work and when the employee has exhausted all accumulated and current sick leave and personal leave.

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

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

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

The determination of the committee is final.

Legal Reference:	A.C.A. § 6-17-1208

Date Adopted:  July 1, 2013
Last Revised:  May 19, 2014

8.6—CONTRACTS/WORKDAYS/VACATIONS

Non-instructional employees shall be considered for employment in the month of April.  Contracts shall be prepared and given to the employee by June 30.  The employee shall the contract within 15 days after receiving it and return it to the superintendent’s office or it shall become void.

Employees who have completed one (1) year of work in the Salem School District will receive five (5) days vacation with pay.  Employees who have completed two (2) or more years of work in the Salem School District will receive ten (10) days vacation with pay.  Employees who terminate their employment with the Salem School District and have completed more than one (1) year of work will be paid for vacation earned up to that point.  Vacation pay, when employment is terminated, will be at the employee’s current daily rate of pay.

Vacation days may not be accumulated or carried forward.

Twelve-month employees will have a 246-day contract that includes six (6) paid holidays.  The paid holidays are Labor Day, Thanksgiving Day, Christmas Day, New Years Day, Memorial Day, Independence Day.

Eleven-month employees will have 240-day contract with the same holidays as the twelve-month employee, but will not receive any vacation time.

Ten-month employees will have a 220-day contract that includes five (5) paid holidays, but will not receive any vacation time.  The paid holidays are Labor Day, Thanksgiving Day, Christmas Day, New Years Day, and Memorial Day.

Nine-month employees will have a 200-day contract that includes four (4) paid holidays, but will not receive any vacation time.  The paid holidays are Labor Day, Thanksgiving Day, Christmas Day, and New Years Day.

Cooks, teacher aides, will be on a 186-day contract.  Nurses will be on a 190-day contract.

When extra laborers or employees are hired, they may be paid by the hour rather than on a contractual basis.  This shall be done at the discretion of the superintendent based upon the proposed length of employment.

Work hours shall be determined by the superintendent of schools.  Beginning and ending hours of employees may vary during different seasons, but an eight-hour day, five (5) days per week during a calendar month, shall be the basic work month.  All employees are expected to be on time and not leave the job until the specified time.

All vacation must be approved in advance by the superintendent.  If vacation is requested, but not approved, and the employee is absent from work in spite of the vacation denial, disciplinary action will be taken against the employee, which may include termination or non-renewal.

Date Adopted:  June 16, 2008
Last Revised:  April 16, 2018

8.7—CLASSIFIED PERSONNEL PERSONAL AND PROFESSIONAL LEAVE

For the district to function efficiently and have the necessary personnel present to effect a high achieving learning environment, employee absences need to be kept to a minimum. The district acknowledges that there are times during the school year when employees have personal business that needs to be addressed during the school day. Part time non- instructional employees will receive 2 personal days each contract year.  The leave may be taken in increments of no less than ½ day.   Non- instructional full time employees will receive personal leave per contract year as indicated in the chart below:

Years Experience	Annual Personal Leave	
0 – 4	2	
5 - 9	3	
10 - 14	4	
15 +	5	

Personal leave does not accumulate from one contract year to the next.  However, unused personal leave days will be converted to sick days at the end of each contract years.

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

School functions, for the purposes of this policy, means:
1.	Athletic or academic events related to a public school district; and
2.	Meetings and conferences related to education.

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

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

Employees who fail to report to work when their request for a personal day has been denied or who have exhausted their allotted personal days, shall lose their daily rate of pay for the day(s) missed (leave without pay). While there are instances where personal circumstances necessitate an employee’s absence beyond the allotted days of sick and/or personal leave, any employee who requires leave without pay must receive advance permission (except in medical emergencies and/or as permitted by policy 8.23—CLASSIFIED PERSONNEL FAMILY MEDICAL LEAVE) from their immediate supervisor. Failure to report to work without having received permission to be absent is grounds for discipline, up to and including termination. 

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

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., 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.

Legal Reference:	A.C.A. § 6-17-211 

Date Adopted:  June 16, 2008
Last Revised:  June 17, 2019

8.8—CLASSIFIED PERSONNEL RESPONSIBILITIES IN DEALING WITH SEX OFFENDERS ON CAMPUS
 
Individuals who have been convicted of certain sex crimes must register with law enforcement as sex offenders. Arkansas law places restrictions on sex offenders with a Level 1 sex offender having the least restrictions (lowest likelihood of committing another sex crime), and Level 4 sex offenders having the most restrictions (highest likelihood of committing another sex crime). 

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

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

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

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

Legal Reference:  	A.C.A. § 5-14-132
A.C.A. § 12-12-913 (g) (2)
Division of Elementary and Secondary Education Guidelines for “Megan’s Law”

Date Adopted:  June 16, 2008
Last Revised:  June 17, 2019

8.9—PUBLIC OFFICE - CLASSIFIED PERSONNEL

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

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

Cross Reference:	Policy # 8.17—Classified Personnel Political Activity

Legal Reference:	A.C.A. § 6-17-115

Date Adopted:  June 16, 2008
Last Revised:  July 16, 2012

8.10—JURY DUTY – CLASSIFIED PERSONNEL

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

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

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

Legal Reference:	A.C.A. § 16-31-106

Date Adopted:  June 16, 2008
Last Revised:  June 16, 2008

8.11—OVERTIME, COMPTIME, AND COMPLYING WITH FLSA

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

Definitions

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

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

Exempt Employees are those employees who are not covered under FLSA, because the employee’s:
A.	Primary job duties are considered to be exempt eligible due to being administrative or professional in nature.  Examples include teachers, counselors, registered nurses, and supervisors; and 
B.	Salary meets or exceeds a minimum weekly/annually amount

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

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

Employment Relationships

The District does not have an employment relationship in the following instances.
1.	Between the District and student teachers;
2.	Between the District and its students;
3.	Between the District and individuals who as a public service volunteer or donate their time to the District without expectation or promise of compensation.

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

1.	Between the District and off-duty policemen or deputies who are hired on a part-time basis for security purposes or crowd control. The District is separate from and acts independently of other governmental entities. 
2.	Between the District and any agency contracted with to provide transportation services, security services, substitute teachers or other temporary employees, or other services.

Hours Worked

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

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

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

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

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

Breaks and Meals

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

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

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

Covered employees who work thirty-five (35) hours a week and receive a duty free meal period shall not be eligible to receive the two (2) paid breaks for working more than twenty (20) hours.

Overtime

Covered employees shall be compensated at not less than 1.5 times his or her regular rate of pay for all hours worked over 40 in a workweek.M Overtime compensation shall be computed on the basis of the hours worked in each week and may not be waived by either the employee or the District. Overtime compensation shall be paid on the next regular payday for the period in which the overtime was earned.N

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

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

Overtime Authorization

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

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

Leave Requests

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

Payment for leave could be delayed or not occur if an employee fails to turn in the required leave form.
Leave may be taken in a minimum of 4 hour increments.7 

Record KeepingS and PostingsT

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

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

Cooperation with Enforcement OfficialsV

All records relating to the FLSA shall be available for inspection by, and District employees shall cooperate fully with, officials from the DOL and/or its authorized representatives in the performance of their jobs relating to:
1.	Investigating and gathering data regarding the wages, hours, and other conditions and practices of employment;
2.	Entering, inspecting, and/or transcribing the premises and its records;
3.	Questioning employees and investigating such facts as the inspectors deem necessary to determine whether any person has violated any provision of the FLSA.

Notes: 1 Select any consecutive 168 hours period (seven days) that will work best for your district.  Except for teachers and other staff whose primary job duties requires the employee to have a valid teaching license, in order for an employee to be an exempt employee under this policy, the Wage and Hour Division of the DOL requires the employee to receive a minimum amount of gross income on a weekly or annual basis. Currently, an employee must receive a minimum of four hundred fifty-five dollars ($455) a week or $23,666 annually to be exempt. While DOL regulations required that starting on December 1, 2016, an employee must have received  nine hundred thirteen dollars ($913) a week or $47,476 annually to be exempt, the Federal court has prohibited the regulations from going into effect for the time being. In addition to the increase from December 1, 2016, the regulations would have increased the minimum amount automatically every three (3 years; should the regulations go into effect, the DOL will release the new minimum amount at least one hundred fifty (150) days prior to it becoming effective. The next increase would become effective on January 1, 2020 and is anticipated to be approximately nine hundred eighty-four dollars ($984) a week or $51,168 annually.

2 Supervisors cannot spend more than 20% of their time in the performance of non-supervisory work. For example a transportation director who also works on maintaining buses may only do so for < 20% of the workweek with no exceptions to that in any given workweek.
3 If you provide your employee a benefit in the form of goods or a facility the reasonable cost or the fair value of the lodging (per week) must be added to the cash wages before the regular rate is determined.
4 Devise a system that will work for your district. The point is to have an accurate and verifiable record of the hours worked by each employee. While carrying time cards around can be a hassle, you don’t want to lose excessive worktime from an employee having to walk excessively to and from their time sheet. Time clocks are obviously an accurate and verifiable record of hours worked, but they are not without drawbacks. First, they are not cheap to initially purchase and then to configure for your district as a whole. Second, employees can unintentionally take less than 30 minute meal times (by forgetting the exact time they clock out) which makes that time compensable.
5 Example = an employee works for the district at one job paying $8.00/hour and another paying $10.00/hour. In a given week he works 50 hours, 26 of which are at $8.00 and 24 at $10.00. 26 
x 8 = $208 and 24 x 10 = $240 for a total of $448. 448/50(total hours worked) = $8.96/hour (the weighted average). 8.96 x 1/2 = 4.48 x 10 hours = $44.80 The total wages due for the week = $448 + $44.80 = $492.80.
6 You may choose any number < 240. In determining the number to insert remember that you must permit the employee to use the comptime within a “reasonable” period of time so long as it does not “unduly disrupt” the district’s operations. Comptime does not have to be offered to all employees, nor does the agreement have to be the same for all employees.
7 The DOL does not recognize leave in the form of “days” for hourly employees even though that is how Arkansas law (ACA  § 6-17-1304) prescribes them. The DOL requires they be attributed in hourly allotments. You can choose the minimum amount of leave that may be used at one time.
8 29 CFR § 516.2 –516.9 and 29 CFR § 553.50 list the records that are required to be kept. These are included in the accompanying material.
9 The district must display minimum wage posters in “conspicuous places” (each work site). They can be downloaded from the DOL by going to http://www.dol.gov/esa/regs/compliance/posters/flsa.htm

Legal References:	A: 29 USC § 206(a), ACA  § 6-17-2203
			B: 29 USC § 207(a)(1), 29 CFR § 778.100
			C: 29 USC § 207(o), 29 CFR § 553.50
			D: 29 CFR § 778.218(a)
			E: 29 CFR § 778.105
			F: 29 USC § 213(a), 29 CFR §§ 541 et seq.
			G: 29 USC § 207(e), 29 CFR § 778.108
			H: 29 CFR §§ 785.9, 785.16
			I: 29 CFR § 516.2(7)
			J: 29 CFR §§ 785.1 et seq.
			K: ACA  § 6-17-2205 and 2207
			L: 29 CFR §§ 785.19
M: 29 USC § 207(a), 29 CFR § 778.100, 29 USC § 207(o), 29 CFR §§ 553.20 – 553.32 
			N: 29 CFR § 778.106
			O: 29 USC § 207(g)(2), 29 CFR § 778.115
			P: 29 USC § 207(o)(2)(A), 29 CFR § 553.23
			Q: 29 CFR § 553.20
			R: 29 USC § 207(o)(4), 29 CFR § 553.27
			S: 29 USC § 211(c), 29 CFR §§ 516.2, 516.3, 553.50
			T: 29 CFR § 516.4
			U: 29 CFR §§ 516.5, 516.6
			V: 29 USC § 211(a)(b)

Date Adopted:  June 16, 2008
Last Revised:  June 17, 2017

8.12—CLASSIFIED 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:  June 16, 2008
Last Revised:  June 16, 2008

8.13—CLASSIFIED PERSONNEL EMPLOYMENT

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

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

It is grounds for termination of contract of employment if an employee fails a criminal background check or receives a true report on the Child Maltreatment Central Registry check.  All classified employees shall complete, at District expense, a criminal records background check and Child Maltreatment Central Registry check at least one (1) time every five (5) years.

An employee who receives notification of a failure to pass a criminal background check or a true result on the Child Maltreatment Central Registry check shall have thirty (30) days following the notification to submit to the superintendant, or designee, a written request for a hearing before the Board to request a waiver. The written request should include any documentation, such as police reports, or other materials that are related to the event giving rise to the failed background check or true result on the Child Maltreatment Registry as well as information supporting your request for the waiver. Employees requesting a board hearing to request a waiver should be aware that this hearing is subject to the Arkansas Freedom of Information Act and it must be fully open to the public as a result. 

For unlicensed individuals employed as teachers or administrators under a waiver, all teachers who begin employment in the 2021-2022 school year and each school year thereafter shall demonstrate proficiency or awareness in knowledge and practices in scientific reading instruction as is applicable to their teaching position by completing the prescribed proficiency or awareness in knowledge and practices of the scientific reading instruction credential either as a condition of licensure or within one (1) year for teachers who are already licensed or employed as a teacher under a waiver from licensure.2

Before the superintendent may make a recommendation to the Board that an individual be hired by the District, the superintendent shall check the Arkansas Educator Licensure System to determine if the individual has a currently suspended or revoked teaching license or a current Level 3 or Level 4 public notification of ethics violation. An individual with a currently suspended license or whose license has been revoked by the State Board of Education is not eligible to be employed by the District; this prohibition includes employment as a substitute teacher, whether directly employed by the District or providing substitute teaching services under contract with an outside entity. An individual with a current Level 3 or Level 4 public notification of ethics violation shall not be recommended for employment by the District.

Inquiries on non discrimination may be directed to Mr. Wayne Guiltner, who may be reached at 870-895-2516.

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

In accordance with Arkansas law, the District provides a veteran preference to applicants who qualify for one of the following categories: 
1.	a veteran without a service-connected disability; 
2.	a veteran with a service-connected disability; 
3.	a deceased veteran’s spouse who is unmarried throughout the hiring process; or

For purposes of this policy, “veteran” is defined as: 
a.	A person honorably discharged from a tour of active duty, other than active duty for training only, with the armed forces of the United States; or
b.	Any person who has served honorably in the National Guard or reserve forces of the United States for a period of at least six (6) years, whether or not the person has retired or been discharged.

In order for an applicant to receive the veterans preference, the applicant must be a citizen and resident of Arkansas, be substantially equally qualified as other applicants and do all of the following:
1.	Indicate on the employment application the category the applicant qualifies for;
2.	Attach the following documentation, as applicable, to the employment application:
•	Form DD-214 indicating honorable discharge;
•	A letter dated within the last six months from the applicant’s command indicating years of service in the National Guard or Reserve Forces as well as the applicant’s current status;
•	Marriage license;
•	Death certificate; 
•	Disability letter from the Veteran’s Administration (in the case of an applicant with a service-related disability).

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

Legal References:	Division of Elementary and Secondary Education Rules Governing Background Checks
Division of Elementary and Secondary Education Rules Governing the Code of Ethics for Arkansas Educators
A.C.A. § 6-17-301
A.C.A. § 6-17-414
A.C.A. § 6-17-428
A.C.A. § 6-17-429
A.C.A. § 21-3-302
A.C.A. § 21-3-303
A.C.A. § 25-19-101 et seq.
28 C.F.R. § 35.106
29 C.F.R. part 1635
34 C.F.R. § 100.6
34 C.F.R. § 104.8
34 C.F.R. § 106.9
34 C.F.R. § 108.9
34 C.F.R. § 110.25

Date Adopted:  June 16, 2008
Last Revised:  June 17, 2019

8.14—CLASSIFIED PERSONNEL REIMBURSEMENT OF TRAVEL EXPENSES

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

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

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

Reimbursable Expenses

Mileage that is driven for a district sanctioned purpose in an employee’s personal vehicle shall be reimbursed provided appropriate documentation is submitted establishing the date and time, place, and purpose of the travel. Mileage shall be reimbursed at the rate of 45 cents per mile and shall be based on the shortest, most reasonable, route available. 

Meals may be reimbursed for travel which necessitates an overnight stay when submitted according to the dictates of this policy. Reimbursement shall be prorated based on the percent of a day the employee is away on travel. For example, if an employee returns from his/her travel in the afternoon, he/she is only eligible for reimbursement for breakfast and lunch expenditures. When an overnight stay is involved, meals shall be reimbursed up to, but not to exceed a total of $30.00 for each day.  No reimbursement for tips or guest meals shall be made. Meals are only reimbursable in conjunction with travel requiring an overnight stay.

Travel necessitating overnight lodging shall be reimbursed to the extent that it is not lavish and is reasonable based on circumstances of the expenditure. Proper documentation establishing the date and time, place, and purpose of the travel must be submitted along with a receipt for the overnight accommodations. To the extent practicable, employees shall receive assistance from administrators or their designee in arranging travel plans to help keep expenses to a minimum.

All claims for reimbursement and all school credit card purchases must be accompanied by an itemized receipt.

Expenses not covered

The district shall not reimburse the following items/categories of expenses.
a.	Alcoholic beverages;
b.	Entertainment expenses – including sports or sporting events; pay per view or game expenses at motels;
c.	Replacement due to loss or theft;
d.	Discretionary expenses for items such as clothing or gifts;
e.	Medical expenses incurred while on route to or from or at the destination of the reason for the travel;
f.	Optional or supplementary insurance obtained by the employee for the period covered during the travel; and
g.	Tips

Credit Cards

Only those employees specifically issued credit cards to be used in the performance of their jobs to purchase goods, services, or supplies on behalf of the district shall be allowed to use such cards. Employees who incur reimbursable expenses as defined in this policy are expected to pay for them initially by any means they choose and then submit their request for reimbursement. The district assumes no responsibility for the payment of any personal credit card charges incurred by a district employee.

The provisions of policy 7.12—EXPENSE REIMBURSEMENT are incorporated by reference into this policy.

Cross Reference: Policy #7.12

Date Adopted:  June 16, 2008
Last Revised:  April 18, 2011

8.15—CLASSIFIED 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:  June 16, 2008
Last Revised:  June 16, 2008

8.16—DRESS OF CLASSIFIED EMPLOYEES

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

Date Adopted:  June 16, 2008
Last Revised:  June 16, 2008

8.17—CLASSIFIED PERSONNEL POLITICAL ACTIVITY

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

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

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

Date Adopted:  June 16, 2008
Last Revised:  June 16, 2008

8.18—CLASSIFIED PERSONNEL DEBTS

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

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

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

At the discretion of the Superintendent, he 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:  June 16, 2008
Last Revised:  April 15, 2013

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

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.

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

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

Legal Reference:	ACA § 6-17-208, 210

Date Adopted:  June 16, 2008
Last Revised:  June 17, 2019

8.19F—LEVEL TWO GRIEVANCE FORM - CLASSIFIED

Name: _______________________________________________

Date submitted to supervisor: ____________

Classified Personnel Policy grievance is based upon: _________________________________________________________________________________

Grievance (be specific): __________________________________________________________

What would resolve your grievance? _______________________________________________________

Supervisor’s Response

Date submitted to recipient: ____________

Date Adopted:  June 16, 2008
Last Revised:  June 17, 2019

8.20—CLASSIFIED PERSONNEL SEXUAL HARASSMENT

•	final determination of the investigation; and
•	The sanctions, if any, the District intends to impose on the alleged perpetrator.

It shall be a violation of this policy for any student or employee to be subjected to, or to subject another person to, sexual harassment. Following an investigation, any employee who is found by the evidence to more likely than not have engaged in sexual harassment will be subject to disciplinary action up to, and including, termination.

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.
34 CFR part 106
A.C.A. § 6-15-1005 (b) (1)

Date Adopted:  June 16, 2008
Last Revised:  April 16, 2018

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

The District believes the best policy to create an educational and work environment free from sexual harassment is prevention; therefore, the District shall provide informational materials and training to students, parents/legal guardians/other responsible adults, and employees on sexual harassment. The informational materials and training on sexual harassment shall be age appropriate and, when necessary, provided in a language other than English or in an accessible format. The informational materials and training shall include, but are not limited to: the nature of sexual harassment; the District’s written grievance procedures for complaints of sexual harassment;1 that the district does not tolerate sexual harassment; that students and employees can report inappropriate behavior of a sexual nature without fear of adverse consequences; the redress that is available to the victim of sexual harassment;2 and the potential discipline for perpetrating sexual harassment. 

“Sexual harassment” means conduct that is:
1.	Of a sexual nature, including, but not limited to:
a.	Sexual advances;
b.	Requests for sexual favors;
c.	Sexual violence; or
d.	Other personally offensive verbal, visual, or physical conduct of a sexual nature;
2.	Unwelcome; and
3.	denies or limits a student’s or employee’s ability to participate in or benefit from any of the District’s educational programs or activities or employment environment through any or all of the following methods:
a.	Submission to the conduct is made, either explicitly or implicitly, a term or condition of an individual’s education or employment;
b.	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
c.	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 environment.

The terms “intimidating,” “hostile,” and “offensive” include conduct of a sexual nature that has the effect of humiliation or embarrassment and is sufficiently severe, persistent, or pervasive that it limits the student’s or employees ability to participate in, or benefit from, an educational program or activity or 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 and may occur regardless of the sex(es) of the individuals involved. Depending upon such circumstances, examples of sexual harassment include, but are not limited to:
•	Making sexual propositions or pressuring for sexual activities;
•	Unwelcome touching;
•	Writing graffiti of a sexual nature;
•	Displaying or distributing sexually explicit drawings, pictures, or written materials;
•	Performing sexual gestures or touching oneself sexually in front of others;
•	Telling sexual or crude jokes;
•	Spreading rumors related to a person’s alleged sexual activities;
•	Discussions of sexual experiences;
•	Rating other students as to sexual activity or performance;
•	Circulating or showing e-mails or Web sites of a sexual nature;
•	Intimidation by words, actions, insults, or name calling; and
•	Teasing related to sexual characteristics or the belief or perception that an individual is not conforming to expected gender roles or conduct or is homosexual, regardless of whether or not the student self-identifies as homosexual or transgender.

Employees who believe they have been subjected to sexual harassment are encouraged to file a complaint by contacting their immediate supervisor, an administrator, or the Title IX coordinator who will provide assistance on 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.

Complaints will be treated in a confidential manner to the extent possible. Limited disclosure may be provided to: individuals who are responsible for handling the District’s investigation to the extent necessary to complete a thorough investigation; the extent necessary to submit a report to the child maltreatment hotline; the Professional Licensure Standards Board for complaints alleging sexual harassment by an employee towards a student;  or the extent necessary to provide the individual accused in the complaint due process during the investigation and disciplinary processes.  Individuals who file a complaint have the right to request that the individual accused of sexual harassment not be informed of the name of the accuser; however, individuals should be aware that making such a request may substantially limit the District’s ability to investigate the complaint and may make it impossible for the District to discipline the accused.3

Employees who file a complaint of sexual harassment shall not be subjected to retaliation or reprisal in any form, including threats, intimidation, coercion, or discrimination. The District shall take steps to prevent retaliation and shall take immediate action if any form of retaliation occurs regardless of whether the retaliatory acts are by District officials, students, or third parties.

Following the completion of an investigation of a complaint, the District will inform the employee who filed the complaint:
•	The final determination of the investigation;
•	Remedies the District will make available to the employee; and
•	The sanctions, if any, imposed on the alleged harasser relevant to the employee.

Following the completion of an investigation of a complaint, the District will inform the alleged perpetrator, or the parents/legal guardian/other responsible adult of the alleged perpetrator if the alleged perpetrator is under the age of eighteen (18):
The 

8.21—CLASSIFIED PERSONNEL SUPERVISION OF STUDENTS

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

Date Adopted:  June 16, 2008
Last Revised:  June 16, 2008

8.22—CLASSIFIED PERSONNEL COMPUTER USE POLICY

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

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

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

Legal References:	20 USC 6801 et seq. (Children’s Internet Protection Act; PL 106-554)
			20 USC 6777
			47 USC 254(h)
A.C.A. § 6-21-107 
			A.C.A. § 6-21-111

Date Adopted:  June 16, 2008
Last Revised:  April 16, 2018

8.22F—CLASSIFIED PERSONNEL Internet Use Agreement

Name (Please Print)________________________________________________________________

School____________________________________________________________Date____________

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

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

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

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

4. “Misuse of the District’s access to the Internet” includes, but is not limited to, the following:
a.	using the Internet for any activities deemed lewd, obscene, vulgar, or pornographic as defined by prevailing community standards;
b.	using abusive or profane language in private messages on the system; or using the system to harass, insult, or verbally attack others;
c.	posting anonymous messages on the system;
d.	using encryption software other than when required by the employee’s job duties;
e.	wasteful use of limited resources provided by the school including paper;
f.	causing congestion of the network through lengthy downloads of files other than when required by the employee’s job duties;
g.	vandalizing data of another user;
h.	obtaining or sending information that could be used to make destructive devices such as guns, weapons, bombs, explosives, or fireworks;
i.	gaining or attempting to gain unauthorized access to resources or files;
j.	identifying oneself with another person’s name or password or using an account or password of another user without proper authorization;
k.	using the network for financial or commercial gain without district permission;
l.	theft or vandalism of data, equipment, or intellectual property;
m.	invading the privacy of individuals other than when required by the employee’s job duties;
n.	using the Internet for any illegal activity, including computer hacking and copyright or intellectual property law violations;
o.	introducing a virus to, or otherwise improperly tampering with, the system;
p.	degrading or disrupting equipment or system performance;
q.	creating a web page or associating a web page with the school or school district without proper authorization;
r.	attempting to gain access or gaining access to student records, grades, or files of students not under their jurisdiction;
s.	providing access to the District’s Internet Access to unauthorized individuals; 
t.	taking part in any activity related to Internet use that creates a clear and present danger of the substantial disruption of the orderly operation of the district or any of its schools;
u.	Making unauthorized copies of computer software;
v.	personal use of computers during instructional time; or
w.	Installing software on district computers without prior approval of the Information Technology Security Officer or his/her designee except for District technology personnel as part of their job duties.

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

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

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

Employee’s Signature: _______________________________________________Date _____________

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

Date Adopted:  June 16, 2008
Last Revised:  June 17, 2019

8.23—CLASSIFIED PERSONNEL FAMILY MEDICAL LEAVE*

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

SECTION ONE

Definitions:

Eligible Employee: is an employee who has; 
a.	Been employed by the District for at least twelve (12) months, which are not required to be consecutive; and 
b.	Performed at least 1250 hours of service during the twelve (12) month period immediately preceding the commencement of the leave.

FMLA: is the Family and Medical Leave Act

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

Instructional Employee: is an employee whose principal function is to teach and instruct students in a class, a small group, or an individual setting and includes athletic coaches, driving instructors, preschool teachers, and special education assistants such as signers for the hearing impaired. The term does not include, and the special rules related to the taking of leave near the end of a semester do not apply to, teacher assistants or aides who do not have as their principal job actual teaching or instructing, nor does it include administrators, counselors, librarians, psychologists, and curriculum specialists.  

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

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

Parent: is the biological parent of an employee or an individual who stood in loco parentis to an employee when the employee was a son or a daughter. This term does not include parents “in-law.” 

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

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

Year: the twelve (12) month period of eligibility shall begin on July first of each school-year.2  

Policy

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

Leave Eligibility 

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

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

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

3.	To care for the spouse, son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition; 

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

5.	Because of any qualifying exigency arising out of the fact that the spouse, son, daughter, or parent of the employee is on covered active duty (or has been notified of an impending call or order to covered active duty) in the Armed Forces. (See Section Two)

6.	To care for a spouse, child, parent or next of kin who is a covered servicemember with a serious illness or injury. (See Section Two)

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

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

Provisions Applicable to both Sections One and Two

District Notice to Employees 

The District shall post, in conspicuous places in each school within the District where notices to employees and applicants for employment are customarily posted, a notice explaining the FMLA’s provisions and providing information about the procedure for filing complaints with the Department of Labor.3

Designation Notice to Employee 

When an employee requests FMLA leave or the District determines that an employee’s absence may be covered under the FMLA, the District shall provide written notice within five (5) business days (absent extenuating circumstances) to the employee of the District’s determination of his/her eligibility for FMLA leave. 4 If the employee is eligible, the District may request additional information from the employee and/or certification from a health care provider to help make the applicability5 determination. After receiving sufficient information as requested, the District shall provide a written notice within five (5) business days (absent extenuating circumstances) to the employee of whether the leave qualifies as FMLA leave and will be so designated.6

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

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

Concurrent Leave Under the FMLA

All FMLA leave is unpaid unless substituted by applicable accrued leave. The District requires employees to substitute any applicable accrued leave (in the order of sick, personal, or vacation leave as may be applicable) for any period of FMLA leave.5

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

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

No employee on FMLA leave for their own serious medical condition may perform work at another, non-district job while on FMLA leave.  Except as provided in policy 8.36, employees who do perform work at another, non-district job while on FMLA leave for their own serious medical condition will be subject to discipline, which could include termination or nonrenewal of their contract of employment.

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

Health Insurance Coverage 

The District shall maintain coverage under any group health plan for the duration of FMLA leave the employee takes at the level and under the conditions coverage would have been provided if the employee had continued in active employment with the District. Additionally, if the District makes a change to its health insurance benefits or plans that apply to other employees, the employee on FMLA leave must be afforded the opportunity to access additional benefits and/or the same responsibility for changes to premiums. Any changes made to a group health plan that apply to other District employees, must also apply to the employee on FMLA leave. The District will notify the employee on FMLA leave of any opportunities to change plans or benefits. The employee remains responsible for any portion of premium payments customarily paid by the employee. When on unpaid FMLA leave, it is the employee’s responsibility to submit his/her portion of the cost of the group health plan coverage to the district’s business office on or before it would be made by payroll deduction.7 

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

An employee who chooses to not continue group health plan coverage while on FMLA leave, is entitled to be reinstated on the same terms as prior to taking the leave, including family or dependent coverage’s, without any qualifying period, physical examination, exclusion of pre-existing conditions, etc.8 

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

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

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

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

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

Reporting Requirements During Leave 

Unless circumstances exist beyond the employee’s control, the employee shall inform the district every two (2) weeks9 during FMLA leave of his/her current status and intent to return to work. 

Return to Previous Position  

An employee returning from FMLA leave is entitled to be returned to the same position the employee held when leave commenced, or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment. An equivalent position must involve the same or substantially similar duties and responsibilities, which must entail substantially equivalent skill, effort, and authority. Specifically, upon returning from FMLA leave, a teacher may be assigned to another position that is not necessarily the same as the teacher’s former job assignment. The employee may not be restored to a position requiring additional licensure or certification. 

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

Provisions Applicable to Section One

Employee Notice to District

Foreseeable Leave: 

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

If there is a lack of knowledge of approximately when the leave will be required to begin, a change in circumstances, or an emergency, notice must be given as soon as practicable. As soon as practicable means as soon as both possible and practical, taking into account all of the facts and circumstances in the individual case.

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

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

Unforeseeable Leave: 

When the approximate timing of the need for leave is not foreseeable, an employee shall provide the District notice of the need for leave as soon as practicable given the facts and circumstances of the particular case. Ordinarily, the employee shall notify the District within two (2) working days of learning of the need for leave, except in extraordinary circumstances where such notice is not feasible. Notice may be provided in person, by telephone, fax, email or other electronic means. If the eligible employee fails to notify the District as 
required unless the failure to comply is justified by unusual circumstances, the FMLA leave may be delayed or denied.

Medical Certification 

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

Recertification: The District may request, either orally or in writing, the employee obtain a recertification in connection with the employee’s absence, at the employee’s expense, no more often than every thirty (30) days unless one or more of the following circumstances apply; 

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

•	The employee requests an extension of leave;

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

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

The employee must provide the recertification within fifteen (15) calendar days after the District’s request. 

No second or third opinion on recertification may be required.

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

Substitution of Paid Leave 

When an employee’s leave has been designated as FMLA leave for reasons 1 (as applicable), 2, 3, or 4 above, the District requires employees to substitute accrued sick, vacation, or personal leave for the period of FMLA leave. 10 

To the extent the employee has accrued paid vacation or personal leave, any leave taken that qualifies for FMLA leave for reasons 1 or 2 above shall be paid leave and charged against the employee’s accrued leave. 

Workers Compensation: FMLA leave may run concurrently with a workers’ compensation absence when the injury is one that meets the criteria for a serious health condition. To the extent that workers compensation benefits and FMLA leave run concurrently, the employee will not be charged for any paid leave accrued by the employee at the rate necessary to bring the total amount of combined income up to 100% of usual contracted daily rate of pay. If the health care provider treating the employee for the workers compensation injury certifies the employee is able to return to a “light duty job,” but is unable to return to the employee’s same or equivalent job, the employee may decline the District’s offer of a “light duty job.” As a result, the employee may lose his/her workers’ compensation payments, but for the duration of the employee’s FMLA leave, the employee will be paid for the leave to the extent that the employee has accrued applicable leave.

Return to Work11 

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

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

Failure to Return to Work: 

In the event that an employee is unable or fails to return to work within FMLA's leave timelines, the superintendent will make a determination at that time regarding the documented need for a severance of the employee’s contract due to the inability of the employee to fulfill the responsibilities and requirements of his/her contract.

Intermittent or Reduced Schedule Leave

To the extent practicable, employees requesting intermittent or reduced schedule leave shall provide the District with not less than thirty (30) days' notice, before the date the leave is to begin, of the employee's intention to take leave.

Eligible employees may only take intermittent or reduced schedule leave for reasons 1 and 2 listed above if the District agrees to permit such leave upon the request of the employee. If the District agrees to permit an employee to take intermittent or reduced schedule leave for such reasons, the agreement shall be consistent with this policy’s requirements governing intermittent or reduced schedule leave. The employee may be transferred temporarily during the period of scheduled intermittent or reduced leave to an alternative position that the employee is qualified for and that better accommodates recurring periods of leave than does the employee's regular position. The alternative position shall have equivalent pay and benefits but does not have to have equivalent duties. 

Eligible employees may take intermittent or reduced schedule FMLA leave due to reasons 3 or 4 listed above when the medical need is best accommodated by such a schedule. The eligible employee shall make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the employer, subject to the approval of the health care provider. 

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

If an eligible employee who meets the definition of an instructional employee requests intermittent or reduced schedule leave for reasons 3 or 4 above that is foreseeable based on planned medical treatment and the employee would be on leave for greater than twenty percent (20%) of the total number of working days in the period during which the leave would extend, the district may require the employee to elect either to:
a.	Take medical leave for periods of a particular duration, not to exceed the duration of the planned medical treatment; or 
b.	Transfer temporarily to an available alternative position offered by the employer that the employee is qualified for has equivalent pay and benefits and better accommodates recurring periods of leave than the regular employment position of the employee. 
If the employee chooses to transfer to an alternative position, the alternate position shall have equivalent pay and benefits but does not have to have equivalent duties. When the employee is able to return to full-time work, the employee shall be placed in the same or equivalent job as he/she had when the leave began. The employee will not be required to take more FMLA leave than necessary to address the circumstances requiring the need for the leave. 

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

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

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

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

Leave more than five (5) weeks prior to end of the semester 
If the eligible, instructional employee begins leave, due to reasons 1 through 4 listed above, more than five (5) weeks prior to the end of the academic term, the District may require the employee to continue taking leave until the end of the semester, if:
1. 	 The leave is of at least three (3) weeks duration; and 
2.	 The return to employment would occur during the three (3)-week period before the end of the semester.

Leave less than five (5)( weeks prior to end of the semester 
If the eligible, instructional employee begins leave, due to reasons 1, 2, or 3 listed above, during the period that commences 5 weeks prior to the end of the academic term, the District may require the employee to continue taking leave until the end of the semester, if:
a.	The leave is of greater than two (2) weeks duration; and
b.	The return to employment would occur during the two (2)-week period before the end of the semester.

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

SECTION TWO
SECTION TWO FMLA LEAVE CONNECTED TO MILITARY SERVICE

Leave Eligibility

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

QUALIFYING EXIGENCY 
An eligible employee may take FMLA leave for any qualifying exigency arising out of the fact that the spouse, son, daughter, or parent of the employee is on covered active duty (or has been notified of an impending call or order to covered active duty) in the Armed Forces. Examples include issues involved with short-notice deployment, military events and related activities, childcare and school activities, the need for financial and legal  arrangements, counseling, rest and recuperation, post-deployment activities, and other activities as defined by federal regulations.12

Definitions:

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

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

Certification11 

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

Employee Notice to District

Foreseeable Leave: 

When the necessity for leave for any qualifying exigency is foreseeable, whether because the spouse, son, daughter, or parent of the employee is on covered active duty, or because of notification of an impending call or order to covered active duty, the employee shall provide such notice to the District as is reasonable and practicable regardless of how far in advance the leave is foreseeable. As soon as practicable means as soon as both possible and practical, taking into account all of the facts and circumstances in the individual case. 

Unforeseeable Leave: 

When the approximate timing of the need for leave is not foreseeable, an employee shall provide the District notice of the need for leave as soon as practicable given the facts and circumstances of the particular case. Ordinarily, the employee shall notify the District within two (2) working days of learning of the need for leave, except in extraordinary circumstances where such notice is not feasible. Notice may be provided in person, by telephone, fax, email, or other electronic means. If the eligible employee fails to notify the District as required unless the failure to comply is justified by unusual circumstances, the FMLA leave may be delayed or denied. 

Substitution of Paid Leave

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

Intermittent or Reduced Schedule Leave

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

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

If an eligible, instructional employee begins leave due to any qualifying exigency more than five (5) weeks prior to the end of the semester, the District may require the employee to continue taking leave until the end of the semester, if
a.	The leave is of at least three (3) weeks duration; and 
b.	The return to employment would occur during the three (3)-week period before the end of the semester.

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

SERIOUS ILLNESS 

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

Definitions:

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

Outpatient Status: used in respect to a covered service member, means the status of a member of the Armed Forces assigned to: 
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 of a covered service member: is a covered service member’s biological adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the covered service member. This term does not include parents “in law.”  

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

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

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

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

If a legally married couple are both eligible employees by the District, the legally married couple are entitled to a combined total of twenty-six (26) weeks of leave during one twelve (12) month period to care for their spouse, son, daughter, parent, or next of kin who is a covered service member with a serious injury or illness, as defined in this policy.  The leave taken by a legally married couple who care for such a covered service member continues to be limited to a total of twelve (12) weeks of FMLA leave for reasons 1 through 4 in Section One and for any qualifying exigency during a year, as defined in this policy, regardless of whether or not the legally married couple uses less than a combined total of fourteen (14) weeks to care for a covered service member with a serious injury or illness; moreover, the legally married couple’s twelve (12) weeks are combined for sixteen (16) weeks during a twelve (12) month period could:
o	Each take up to ten (10) weeks for reasons 4 in section 1 or a qualifying exigency;
o	Take a combined total of ten (10) weeks for reason 1, 2 or to care for a parent under reason 3 in Section One; or
o	Take a combination of numbers 1, 2, that totals ten (10) weeks of leave.

Medical Certification14

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

Employee Notice to District

Foreseeable Leave: 

When the need for leave to care for a spouse, child, parent or next of kin who is a covered service member with a serious illness or injury is clearly foreseeable at least thirty (30) days in advance, the employee shall provide the District with not less than thirty (30) days' notice before the date the employee intends for the leave to begin for the specified reason. An eligible employee who has no reasonable excuse for his/her failure to provide the District with timely advance notice of the need for FMLA leave may have his/her FMLA coverage of such leave delayed until thirty (30) days after the date the employee provides notice.

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

When the need for leave is to care for a spouse, child, parent or next of kin who is a covered service member with a serious illness or injury, the employee shall make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the district subject to the approval of the health care provider of the spouse, son, daughter, or parent of the employee. 

Unforeseeable Leave: 

When the approximate timing of the need for leave is not foreseeable, an employee shall provide the District notice of the need for leave as soon as practicable given the facts and circumstances of the particular case. Ordinarily, the employee shall notify the District within two (2) working days of learning of the need for leave, except in extraordinary circumstances where such notice is not feasible. Notice may be provided in person, by telephone, fax, email, or other electronic means. If the eligible employee fails to notify the District as required unless the failure to comply is justified by unusual circumstances, the FMLA leave may be delayed or denied.

Substitution of Paid Leave 

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

Intermittent or Reduced Schedule Leave 

To the extent practicable, employees requesting intermittent or reduced schedule leave to care for a spouse, child, parent or next of kin who is a covered service member with a serious illness or injury shall provide the District with not less than thirty (30) days' notice, before the date the leave is to begin, of the employee's intention to take leave. 

Eligible employees may take intermittent or reduced schedule FMLA leave to care for a spouse, child, parent or next of kin who is a covered service member with a serious illness or injury when the medical need is best accommodated by such a schedule. The eligible employee shall make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the employer, subject to the approval of the health care provider. 

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

If an eligible employee who meets the definition of an instructional employee requests intermittent or reduced schedule leave to care for a spouse, child, parent or next of kin who is a covered service member with a serious illness or injury that is foreseeable based on planned medical treatment and the employee would be on leave for greater than twenty percent (20%) of the total number of working days in the period during which the leave would extend, the District may require the employee to choose either:
a.	To take medical leave for periods of a particular duration, not to exceed the duration of the planned medical treatment; or 
b.	To transfer temporarily to an available alternative position offered by the employer for which the employee is qualified for has equivalent pay and benefits and better accommodates recurring periods of leave than the regular employment position of the employee. 
If the employee chooses to transfer to an alternative position, the alternate position shall have equivalent pay and benefits but does not have to have equivalent duties. When the employee is able to return to full-time work, the employee shall be placed in the same or equivalent job as he/she had when the leave began. Specifically, upon returning from FMLA leave, a teacher may be assigned to another position that is not necessarily the same as the teacher’s former job assignment. The employee will not be required to take more FMLA leave than necessary to address the circumstances that required the need for the leave.

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

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

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

Leave more than five (5) weeks prior to end of the semester 
If the eligible, instructional employee begins leave, for any qualifying exigency or to care for a spouse, child, parent or next of kin who is a covered service member with a serious illness or injury more than 5 weeks prior to the end of the semester, the District may require the employee to continue taking leave until the end of the semester, if:
1.	The leave is of at least three (3) weeks duration; and 
2.	The return to employment would occur during the three (3)-week period before the end of the semester.

Leave less than five (5) weeks prior to end of the semester 
If the eligible, instructional employee begins leave to care for a spouse, child, parent or next of kin who is a covered service member with a serious illness or injury during the period that commences five (5) weeks prior to the end of the semester, the District may require the employee to continue taking leave until the end of the semester, if:
1.	The leave is of greater than two (2) weeks duration; and 
2.	The return to employment would occur during the two (2)-week period before the end of the semester.

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

Notes:	This policy is similar to Policy 8.23. If you change this policy, review 8.23 at the same time to ensure applicable consistency between the two.

	Determining whether an absence qualifies as FMLA leave is a DISTRICT responsibility and not the employee’s. While much of the statutes’ language refers to an employee’s request for FMLA leave, the employee has NO mandatory responsibility for initiating the exchange of information that might relate his/her absence to that of the FMLA. The District has the right and the duty to ask for enough information concerning an employee’s absence to make a determination. The employee has the responsibility and duty to respond to questions asked in an effort for the District to make the initial determination. Any issue of medical certification to be provided by the employee is secondary to that of informal questioning to determine whether the absence does in fact, fall under the FMLA umbrella. The District must fulfill its responsibility for the posting of employee FMLA notice requirements to make those requirements enforceable. This is done through posting the notices available at the link in footnote #1 AND by the employee’s receipt of this policy in the employee handbook. 

	1 It is possible for a full time employee to be eligible for FMLA leave one year and not the next. For example, if an employee on a 190 day contract takes the full twelve (12) weeks of FMLA leave in year one, that would mean the employee only worked 130 days. Assuming the employee is credited for eight (8) hours per workday, the employee would have only worked 1040 hours during that time (130 x 8=1040) which would make the employee ineligible for FMLA leave for the year following the year that the employee took the leave.

	2 Districts can choose one of four (4) possible “twelve (12)-month periods.” Each one has possible advantages and disadvantages. The four (4) options are:
1)	the calendar year;
2)	Any fixed twelve (12)-month leave year such as a fiscal year or a year starting on an employee’s “anniversary” date;
3)	The twelve (12)-month period measured forward from the date any employee’s first FMLA leave for reasons 1 through 5 begins;
4)	A rolling twelve (12)-month period measured backward from the date an employee uses any FMLA leave for reasons 1 through 5.

	3 A Department of Labor poster along with several additional forms that are necessary to fulfill FMLA’s requirements are available at http://www.dol.gov/whd/fmla/index.htm.  

	4 We suggest you use the Department of Labor’s Notice of Eligibility and Rights and Responsibilities form (otherwise known as WH-381) to help you fulfill the requirements of this section. It’s available at the link in footnote #1 or by calling the ASBA office. When making the determination, we suggest initially erring on the side of granting it. Retroactively designating leave as FMLA has more potential liability for the district if the employee can demonstrate the initial failure to grant the leave under FMLA caused him/her harm or injury. If due to receipt of the medical certification, it turns out that the leave does not qualify, you will need to readjust the available FMLA leave accordingly.

5 As used in this policy, “applicable” is a very important word. Some leave taken under FMLA also applies to sick leave and therefore, the employee will get paid for the leave to the extent the employee has sick leave accrued. Other leave taken under FMLA is not applicable to sick leave and therefore the FMLA leave is unpaid. For instance, “applicable leave” in terms of time taken under FMLA due to the birth of a child will vary depending on the language in your District’s policy on sick leave.  For instance, if sick leave may be taken “for reason of personal illness or illness in the immediate family” (based on the statutory definition in A.C.A. 6-17-1202, and an employee gives birth to a child, she may take sick leave for the amount of time that her personal physician deems it necessary for her to physically recover from childbirth.  Once the medically necessary time has passed, sick leave is no longer appropriate and cannot be used.  While under the FMLA, the employee could take additional time off work, she would need to take unpaid FMLA leave for this purpose, unless she had personal days or vacation days available.  However, if your district has a much more liberal definition of sick leave in District policy, the results could be entirely different. Another example would be the potential for overlap between pregnancy complications that arise to the level of a “serious health condition.” For instance, pregnancy complications that rose to the level of a “serious health condition” would qualify for both, while missing work for a dentist’s appointment would qualify for sick leave, but would not qualify for FMLA leave. Consult policy 3.8—LICENSED PERSONNEL SICK LEAVE when making the determination of what sick leave qualifies under both policies. 

	6 There are several issues that must be addressed in the written notice. The Designation Notice (WH-382) available from the Wage and Hour Division of the US Department of Labor is a good way to both give your employee written notice and help ensure you have included the necessary information in the notice. The Designation Notice is available at the link contained in footnote #1 or by calling the ASBA office.

	7 The District cannot cancel an employee’s insurance for the employee’s failure to pay his/her share of the premium until the payment is thirty (30) or more days late. The District must give prior, written notice to the employee at least fifteen (15) days prior to the cancelation of the policy stating that the policy will be terminated on a given date if payment is not received by that date which must be at least fifteen (15) days from the date of the letter.
	
	8 Due to the district’s liability for meeting the requirement of this paragraph and similar obligations for life insurance premiums or other benefits, the District needs to consider picking up the costs of such premiums during an employee’s unpaid FMLA leave if the employee fails to pay his/her share of the costs. If the District elects to maintain such benefits during the leave, at the conclusion of leave the District is entitled to recover only the costs incurred for paying the employee's share of any premiums whether or not the employee returns to work. To help you decide if you should choose to pay premium costs in such a situation, the following except from 29 CFR 825.212(c):
		If coverage lapses because an employee has not made required premium payments, upon the employee's return from FMLA leave the employer must still restore the employee to coverage/benefits equivalent to those the employee would have had if leave had not been taken and the premium payment(s) had not been missed, including family or dependent coverage. See § 825.215(d)(1) through (5). In such case, an employee may not be required to meet any qualification requirements imposed by the plan, including any new preexisting condition waiting period, to wait for an open season, or to pass a medical examination to obtain reinstatement of coverage. If an employer terminates an employee's insurance in accordance with this section and fails to restore the employee's health insurance as required by this section upon the employee's return, the employer may be liable for benefits lost by reason of the violation, for other actual monetary losses sustained as a direct result of the violation, and for appropriate equitable relief tailored to the harm suffered. 

	9 You may choose the time interval of the required duty to report, but it must be reasonable.

10 ASBA model policy 3.8—LICENSED PERSONNEL SICK LEAVE includes language entitling employees with up to fifteen (15) days of sick leave in a school-year for issue relating to the adoption of child. I you have not adopted this provision, delete #2 from this sentence. Include reason #1 if you have a liberal sick leave policy that would permit leave to be taken for bonding with a new born son or daughter.
	
11 The Department of Labor’s Designation Notice has entries that address this section’s requirements. It’s very helpful. For this section, you will need both the Designation Notice (WH-382) and the appropriate Medical Certification form (WH-380-E or WH-380-F); the Designation Notice to fulfill your notice requirements and the medical certification form to enable you to determine if the employee’s leave is actually covered under the FMLA. They are available at the link in footnote #1 or by calling the ASBA office.

12 The types and amounts of leave available for a particular type of qualifying exigency are covered in 29 C.F.R. § 825.126. Call the ASBA office for a copy. 

13 You can use WH-384, Certification of Qualifying Exigency for Military Family Leave to obtain the certification. It’s available at the link in footnote #1 or by calling the ASBA office.

14 You can use WH-385, Covered Service Member Serious Injury form to obtain the certification. It’s available at the link in footnote #1 or by calling the ASBA office.

Cross Reference: 3.8—LICENSED PERSONNEL SICK LEAVE
Legal References:	29 USC §§ 2601 et seq.
			29 CFR part 825 

Date Adopted:  June 16, 2008 
Last Revised:  June 20, 2016

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

    (a) For purposes of FMLA, ``serious health condition'' entitling an employee to FMLA leave means an illness, injury, impairment, or physical or mental condition that involves:
    (1) Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity (for purposes of this section, defined to mean inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment therefor, or recovery therefrom), or any subsequent treatment in connection with such inpatient care; or
    (2) Continuing treatment by a health care provider. A serious health condition involving continuing treatment by a health care provider includes any one or more of the following:
    (i) A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment therefor, or recovery therefrom) of more than three consecutive calendar days, and any subsequent treatment or period of incapacity relating to the same condition, that also involves:
    (A) Treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or on referral by, a health care provider; or
    (B) Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.
    (ii) Any period of incapacity due to pregnancy, or for prenatal care.
    (iii) Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which:
    (A) Requires periodic visits for treatment by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider;
    (B) Continues over an extended period of time (including recurring episodes of a single underlying condition); and
    (C) May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
    (iv) A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer's, a severe stroke, or the terminal stages of a disease.
    (v) Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).
    (b) Treatment for purposes of paragraph (a) of this section includes (but is not limited to) examinations to determine if a serious health condition exists and evaluations of the condition. Treatment does not include routine physical examinations, eye examinations, or dental examinations. Under paragraph (a)(2)(i)(B), a regimen of continuing treatment includes, for example, a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition (e.g., oxygen). A regimen of continuing treatment that includes the taking of over-the-counter medications such as aspirin, antihistamines, or salves; or bed-rest, drinking fluids, exercise, and other similar activities that can be initiated without a visit to a health care provider, is not, by itself, sufficient to constitute a regimen of continuing treatment for purposes of FMLA leave.
    (c) Conditions for which cosmetic treatments are administered (such as most treatments for acne or plastic surgery) are not ``serious health conditions'' unless inpatient hospital care is required or unless complications develop. Ordinarily, unless complications arise, the common cold, the flu, ear aches, upset stomach, minor ulcers, headaches other than migraine, routine dental or orthodontia problems, periodontal disease, etc., are examples of conditions that do not meet the definition of a serious health condition and do not qualify for FMLA leave. Restorative dental or plastic surgery after an injury or removal of cancerous growths are serious health conditions provided all the other conditions of this regulation are met. Mental illness resulting from stress or allergies may be serious health conditions, but only if all the conditions of this section are met.
    (d) Substance abuse may be a serious health condition if the conditions of this section are met. However, FMLA leave may only be taken for treatment for substance abuse by a health care provider or by a provider of health care services on referral by a health care provider. On the other hand, absence because of the employee's use of the substance, rather than for treatment, does not qualify for FMLA leave.
    (e) Absences attributable to incapacity under paragraph (a)(2) (ii) or (iii) qualify for FMLA leave even though the employee or the immediate family member does not receive treatment from a health care provider during the absence, and even if the absence does not last more than three days. For example, an employee with asthma may be unable to report for work due to the onset of an asthma attack or because the employee's health care provider has advised the employee to stay home when the pollen count exceeds a certain level. An employee who is pregnant may be unable to report to work because of severe morning sickness.

8.24—SCHOOL BUS DRIVER’S USE OF CELL PHONES

“School Bus” is a motorized vehicle that meets the following requirements:
1.	Is privately owned and operated for compensation, or which is owned, leased or otherwise operated by, or for the benefit of the District; and
2.	Is operated for the transportation of students from home to school, from school to home, or to and from school events.1

Any driver of a school bus shall not operate the school bus while using a device to browse the internet, make or receive phone calls or compose or read emails or text messages.2 A school bus driver may use a two-way radio communications device or any device used in a similar manner as a two-way radio communications device to communicate with the District’s central dispatch or transportation center. In addition, if the school bus is safely off the road with the parking brake engaged, exceptions are allowed to call for assistance due to a mechanical problem with the bus, or to communicate with any of the following during an emergency:
•	An emergency system response operator or 911 public safety communications dispatcher;
•	A hospital or emergency room;
•	A physician's office or health clinic;
•	An ambulance or fire department rescue service;
•	A fire department, fire protection district, or volunteer fire department; or
•	A police department.

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

Legal Reference:	A.C.A. § 6 –19 -120
ADE Rules and Regulations Governing Mobile Phone Usage by School Bus Drivers

Date Adopted:  June 16, 2008
Last Revised:  June 17, 2019

8.25—CLASSIFIED PERSONNEL CELL PHONE USE

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

District staff shall not be given cell phones or computers for any purpose other than their specific use associated with school business. School employees who use school issued cell phones and/or computers for non-school purposes, except as permitted by District policy, shall be subject to discipline, up to and including termination. School employees who are issued District cell phones due to the requirements of their position may use the phone for personal use on an “as needed” basis provided it is not during designated work time.2

Except when authorized in Policy 8.24—SCHOOL BUS DRIVER’S USE OF MOBILE COMMUNICATION DEVICES, all l employees are forbidden from using school issued cell phones while driving any vehicle at any time. Violation may result in disciplinary action up to and including termination.3

Except when authorized in Policy 8.24—SCHOOL BUS DRIVER’S USE OF MOBILE COMMUNICATION DEVICES, no employee shall use any device for the purposes of browsing the internet; composing or reading emails and text messages; or making or answering phone calls while driving a motor vehicle which is in motion and on school property. Violation may result in disciplinary action up to and including termination.4

Cross References:	4.47— POSSESSION AND USE OF CELL PHONES AND OTHER ELECTRONIC DEVICES
7.14—USE OF DISTRICT CELL PHONES AND COMPUTERS
8.24—SCHOOL BUS DRIVER’S USE OF MOBILE COMMUNICATION DEVICES

Note: 	This policy is similar to Policy 3.34. If you change this policy, review 3.34 at the same time to ensure applicable consistency between the two.

Date Adopted:  June 16, 2008
Last Revised:  June 17, 2019

8.26—CLASSIFIED PERSONNEL RESPONSIBILITIES GOVERNING BULLYING

Definitions

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

“Bullying” means the intentional harassment, intimidation, humiliation, ridicule, defamation, or threat or incitement of violence by a student against another student or public school employee by a written, verbal, electronic, or physical act that may address an attribute of the other student, public school employee, or person with whom the other student or public school employee is associated and that causes or creates actual or reasonably foreseeable:
•	Physical harm to a public school employee or student or damage to the public school employee's or student's property;
•	Substantial interference with a student's education or with a public school employee's role in education;
•	A hostile educational environment for one (1) or more students or public school employees due to the severity, persistence, or pervasiveness of the act; or
•	Substantial disruption of the orderly operation of the school or educational environment;
Examples of “Bullying” include, but are not limited to, a pattern of behavior involving one or more of the following:
1.	Cyberbullying;
2.	Sarcastic comments “compliments” about another student’s personal appearance or actual or perceived attributes,
3.	Pointed questions intended to embarrass or humiliate,
4.	Mocking, taunting or belittling,
5.	Non-verbal threats and/or intimidation such as “fronting” or “chesting” a person,
6.	Demeaning humor relating to a student’s actual or perceived attributes,
7.	Blackmail, extortion, demands for protection money or other involuntary donations or loans,
8.	Blocking access to school property or facilities,
9.	Deliberate physical contact or injury to person or property,
10.	Stealing or hiding books or belongings, 
11.	Threats of harm to student(s), possessions, or others,
12.	Sexual harassment, as governed by policy 8.20, is also a form of bullying, and/or
13.	Teasing or name-calling related to sexual characteristics or the belief or perception that an individual is not conforming to expected gender roles or conduct or is homosexual, regardless of whether the student self-identifies as homosexual or transgender (Examples: “Slut”, “You are so gay.”, “Fag”, “Queer”).

“Cyberbullying” means any form of communication by electronic act that is sent with the purpose to:
o	Harass, intimidate, humiliate, ridicule, defame, or threaten a student, school employee, or person with whom the other student or school employee is associated; or
o	Incite violence towards a student, school employee, or person with whom the other student or school employee is associated.
Cyberbullying of School Employees includes, but is not limited to:
a.	Building a fake profile or website of the employee;
b.	Posting or encouraging others to post on the Internet private, personal, or sexual information pertaining to a school employee;
c.	Posting an original or edited image of the school employee on the Internet;
d.	Accessing, altering, or erasing any computer network, computer data program, or computer software, including breaking into a password-protected account or stealing or otherwise accessing passwords of a school employee;
e.	Making repeated, continuing, or sustained electronic communications, including electronic mail or transmission, to a school employee;
f.	Making, or causing to be made, and disseminating an unauthorized copy of data pertaining to a school employee in any form, including without limitation the printed or electronic form of computer data, computer programs, or computer software residing in, communicated by, or produced by a computer or computer network;
g.	Signing up a school employee for a pornographic Internet site; or 
h.	Without authorization of the school employee, signing up a school employee for electronic mailing lists or to receive junk electronic messages and instant messages.
Cyberbullying is prohibited whether or not the cyberbullying originated on school property or with school equipment, if the cyberbullying results in the substantial disruption of the orderly operation of the school or educational environment or is directed specifically at students or school personnel and maliciously intended for the purpose of disrupting school and has a high likelihood of succeeding in that purpose.

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

“Substantial disruption” means without limitation that any one or more of the following occur as a result of the bullying:
•	Necessary cessation of instruction or educational activities;
•	Inability of students or educational staff to focus on learning or function as an educational unit because of a hostile environment;
•	Severe or repetitive disciplinary measures are needed in the classroom or during educational activities; or
•	Exhibition of other behaviors by students or educational staff that substantially interfere with the learning environment.

Teachers and other school employees who have witnessed, or are reliably informed that, a student has been a victim of bullying as defined in this policy, including a single action which if allowed to continue would constitute bullying, shall report the incident(s) to the building principal, or designee, as soon as possible.

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

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

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

District employees are held to a high standard of professionalism, especially when it comes to employee-student interactions. Actions by a District employee towards a student that would constitute bullying if the act had been performed by a student shall result in disciplinary action, up to and including termination. This policy governs bullying directed towards students and is not applicable to adult on adult interactions. Therefore, this policy does not apply to interactions between employees. Employees may report workplace conflicts to their supervisor.1 In addition to any disciplinary actions, the District shall take appropriate steps to remedy the effects resulting from bullying.

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

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.

1 This paragraph is optional. We have included it because we have received multiple phone calls where district employees were attempting to use the policy against fellow employees.

Legal Reference:	A.C.A. § 6-18-514

Date Adopted:  April 16, 2018
Last Revised:  June 17, 2019

8.27—CLASSIFIED PERSONNEL LEAVE — INJURY FROM ASSAULT

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

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

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

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

Legal Reference:	A.C.A. § 6-17-1308

Date Adopted:  June 16, 2008
Last Revised:  June 16, 2008

8.28—DRUG FREE WORKPLACE - CLASSIFIED 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.   Such services are available from the following sources…

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 incident at work resulting in injury to the employee requiring medical attention shall require the employee to submit to a drug test, which shall be paid at district expense. Failure for the employee to submit to the drug test or a confirmed positive drug test indicating the use of illegal substances or the misuse of prescription medications shall be grounds for the denial of worker’s compensation benefits in accordance with policy 8.36—CLASSIFIED PERSONNEL WORKPLACE INJURIES AND WORKERS’ COMPENSATION.2

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/her 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/her supervisor or the Superintendent of having been so charged shall result in that employee being recommended for termination by the Superintendent.

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

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

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

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

A report to the appropriate licensing agency shall be filed within seven (7) days of:
1)	A final disciplinary action taken against an employee resulting from the diversion, misuse, or abuse of illicit drugs or controlled substances; or
2)	The voluntary resignation of an employee who is facing a pending disciplinary action resulting from the diversion, misuse, or abuse of illicit drugs or controlled substances.
The report filed with the licensing authority shall include, but not be limited to:
•	The name, address, and telephone number of the person who is the subject of the report; and
•	A description of the facts giving rise to the issuance of the report.

When the employee is not a healthcare professional, law enforcement will be contacted regarding any final disciplinary action taken against an employee for the diversion of controlled substances to one (1) or more third parties.

For assistance in constructing a drug awareness program the Department of Labor has the following web site: http://webapps.dol.gov/elaws/asp/drugfree/menu.htm 

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

Legal References: 	41 U.S.C. § 8101, 8103, and 8104
A.C.A. § 11-9-102
A.C.A. § 17-80-117

Date Adopted:  June 16, 2008
Last Revised:  April 17, 2017

8.28F—DRUG FREE WORKPLACE POLICY ACKNOWLEDGEMENT

CERTIFICATION

I, hereby certify that I have been presented with a copy of the Salem 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 __________________

8.29—CLASSIFIED PERSONNEL VIDEO SURVEILLANCE AND OTHER MONITORING 

The Board of Directors has a responsibility to maintain discipline, protect the safety, security, and welfare of its students, staff, and visitors while at the same time safeguarding district facilities, vehicles, and equipment. As part of fulfilling this responsibility, the board authorizes the use of video/audio surveillance cameras, automatic identification, data compilation devices, and technology capable of tracking the physical location of district equipment, students, and/or personnel. 

The placement of video/audio surveillance cameras shall be based on the presumption and belief that students, staff and visitors have no reasonable expectation of privacy anywhere on or near school property, facilities, vehicles, or equipment, with the exception of places such as rest rooms or dressing areas where an expectation of bodily privacy is reasonable and customary. 

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

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

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

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

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

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

Date Adopted:  June 16, 2008
Last Revised:  April 18, 2011

8.30—CLASSIFIED PERSONNEL REDUCTION IN FORCE

SECTION ONE

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

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

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

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

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

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

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

SECTION TWO

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

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

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

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

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

Legal Reference:	A.C.A. § 6-17-2407

Date Adopted:  June 16, 2008
Last Revised:  April 15, 2013

8.31—CLASSIFIED PERSONNEL TERMINATION AND NON-RENEWAL

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

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

Legal reference:		A.C.A. § 6-17-2301

Date Adopted:  June 16, 2008
Last Revised:  June 16, 2008

8.32—CLASSIFIED PERSONNEL ASSIGNMENTS

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

Date Adopted:  June 16, 2008
Last Revised:  June 16, 2008

8.33—CLASSIFIED PERSONNEL SCHOOL CALENDAR

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

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

The Salem School District shall operate by the following calendar:

Legal Reference:	A.C.A. § 6-15-2907(f)
A.C.A. § 6-17-2301
ESE Rules Governing the Arkansas Educational Support and Accountability Act

Date Adopted:  June 16, 2008
Last Revised:  June 17, 2019

8.34—CLASSIFIED PERSONNEL WHO ARE MANDATED REPORTERS DUTIES

It is the statutory duty of classified school district employees who are mandated reporters1 to:
•	If the classified employee has reasonable cause to suspect child abuse or maltreatment, then the classified employee shall 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.
•	If the classified employee has a good faith belief that there is a serious and imminent threat to the public based on a threat made by an individual regarding violence in or targeted at a school that has been communicated to the classified employee in the ordinary course of his/her professional duties, then the classified employee shall make every attempt to immediately notify law enforcement of the serious and imminent threat to the public and have notified law enforcement within twenty-four (24) hours of learning of the serious and imminent threat to the public.
	
The duty of mandated reporters to report suspected child abuse or maltreatment or serious and imminent threats to the public is a direct and personal duty, and cannot be assigned or delegated to another person. There is no duty to investigate, confirm or substantiate statements a student may have made which form the basis of the reasonable cause to believe that the student may have been abused or subjected to maltreatment by another person or that form the basis of the serious and imminent threat to the public; however, a person with a duty to report may find it helpful to make a limited inquiry to assist in the formation of a belief that child abuse, maltreatment, or neglect has occurred; that a serious and imminent threat to the public exists; or to rule out such a belief2. 

Employees and volunteers who call the Child Abuse Hotline or who report serious and imminent threats to the public to law enforcement in good faith are immune from civil liability and criminal prosecution.

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

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

1 For a listing of who qualifies as mandated reporters, refer to A.C.A. § 6-18-110(a) and A.C.A. § 12-18-402(b).

2 This is a delicate matter and the district would be wise to avail itself of professional development in this area available from DHS and other sources. A.C.A. § 6-61-133, requires professional development related to child maltreatment for licensed employees and includes school nurses, school social workers, and school psychologists in the list of “licensed employees” who must receive the required PD.

Legal References:	A.C.A. § 6-18-110
A.C.A. § 12-18-107
A.C.A. § 12-18-201 et seq.
A.C.A. § 12-18-402

Date Adopted:  June 16, 2008
Last Revised:  June 17, 2019

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

Obtaining Eligibility Information

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

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

In addition to potential federal criminal penalties that may be filed against a staff member who violates this prohibition,1 the employee  shall be subject to discipline up to and including termination.

Releasing Eligibility Information

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

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

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

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

Legal References:	Commissioner’s Memos IA-05-018, FIN 09-041, IA 99-011, and FIN 13-018
ESE Eligibility Manual for School Meals Revised July  2017
A.C.A. § 6-18-715
7 CFR 210.1 – 210.31
7 CFR 220.1 – 220.22
7 CFR 245.5, 245.6, 245.8
42 USC 1758(b)(6)

Date Adopted:  June 16, 2008
Last Revised:  June 17, 2019

8.36—CLASSIFIED PERSONNEL WORKPLACE INJURIES and WORKERS’ COMPENSATION

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

For injuries requiring medical attention, the district will exercise its right to designate the initial treating physician and an injured employee will be directed to seek medical attention, if necessary, from a specific physician or clinic. In addition, employees whose injuries require medical attention shall submit to a drug test, which shall be paid at the District’s worker’s compensation carrier’s expense. Failure for the employee to submit to the drug test or a confirmed positive drug test indicating the use of illegal substances or the misuse of prescription medications shall be grounds for the denial of worker’s compensation benefits.

A Workers’ Compensation absence may run concurrently with FMLA leave (policy 3.32) when the injury is one that meets the criteria for a serious health condition. To the extent that workers compensation benefits and FMLA leave run concurrently, the employee will be charged for any paid leave accrued by the employee at the rate necessary to bring the total amount of combined income up to 100% of usual contracted daily rate of pay. If the health care provider treating the employee for the workers compensation injury certifies the employee is able to return to a “light duty job,” but is unable to return to the employee’s same or equivalent job, the employee may decline the District’s offer of a “light duty job.” As a result, the employee may lose his/her workers’ compensation payments, but for the duration of the employee’s FMLA leave, the employee will be paid for the leave to the extent that the employee has accrued applicable leave.

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

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

Legal References:	Ark. Workers Compensation Commission RULE 099.33 - MANAGED CARE 
A.C.A. § 11-9-102
			A.C.A. § 11-9-508(d)(5)(A)
A.C.A. § 11-9-514(a)(3)(A)(i)

Date Adopted:  June 23, 2009
Last Revised:  June 20, 2016

8.37—CLASSIFIED PERSONNEL SOCIAL NETWORKING AND ETHICS

Definitions

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

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

Blogs are a type of networking and can be either social or professional in their orientation. Professional blogs, approved by the principal or his/her designee, are encouraged and can provide a place for staff to inform students and parents on school related activities. Social blogs are discouraged to the extent they involve staff and students in a non-education oriented format.

Policy

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

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

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

Staff members are discouraged from creating personal social media accounts to which they invite students to be friends or followers.1 Employees taking such action do so at their own risk and are advised to monitor the site’s privacy settings regularly.

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

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

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

Accessing social media websites for personal use during school hours is prohibited, except during breaks or preparation periods. Staff are discouraged from accessing social media websites on personal equipment during their breaks and/or preparation periods because, while this is not prohibited, it may give the public the appearance that such access is occurring during instructional time. Staff shall not access social media websites using district equipment at any time, including during breaks or preparation periods, except in an emergency situation or with the express prior permission of school administration. All school district employees who participate in social media websites shall not post any school district data, documents, photographs taken at school or of students, logos, or other district owned or created information on any website.  Further, the posting of any private or confidential school district material on such websites is strictly prohibited.

Privacy of Employee's Social Media Accounts

In compliance with A.C.A. § 11-2-124, the District shall not require, request, suggest, or cause a current or prospective employee to:
1.	Disclose the username and/or password to his/her personal social media account;
2.	Add an employee, supervisor, or administrator to the list of contacts associated with his/her personal social media account;
3.	Change the privacy settings associated with his/her personal social media account; or
4.	Retaliate against the employee for refusing to disclose the username and/or password to his/her personal social media account.

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

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

In the event that the district inadvertently obtains access to information that would enable the district to have access to an employee’s personal social media account, the district will not use this information to gain access to the employee’s social media account. However, disciplinary action may be taken against an employee in accord with other District policy for using district equipment or network capability to access such an account.  Employees have no expectation of privacy in their use of District issued computers, other electronic device, or use of the District's network. (See policy 8.22—CLASSIFIED PERSONNEL COMPUTER USE POLICY)

Cross reference: 	8.22—CLASSIFIED PERSONNEL COMPUTER USE POLICY

Legal Reference: 	A.C.A. § 11-2-124

Date Adopted:  April 18, 2011
Last Revised:    June 17, 2019

8.38—CLASSIFIED PERSONNEL VacationS

Policy 8.6 – Contracts/Workdays/Vacations

Date Adopted:  April 18, 2011
Last Revised:   April 18, 2011

8.39—Depositing collected funds

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

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

Date adopted:  April 18, 2011
Last Revised:  April 18, 2011

8.40—CLASSIFIED PERSONNEL WEAPONS ON CAMPUS

Firearms

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

Employees who meet the following conditions are permitted to bring a firearm onto school property.
•	He/she is participating in a school-approved educational course or program involving the use of firearms such as ROTC programs, hunting safety or military education, or before or after-school hunting or rifle clubs;
•	School Resource Officer

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

Other Weapons

Employees may not possess any weapon, defined herein as an item designed to harm or injure another person.

Legal References:	A.C.A. § 5-73-119
			A.C.A. § 5-73-120
A.C.A. § 5-73-124(a)(2)
			A.C.A. § 5-73-301
			A.C.A. § 5-73-306

Date Adopted:  April 15, 2013
Last Revised:    June 17, 2019

8.41—CLASSIFIED PERSONNEL HEALTH CARE COVERAGE REPORTING

Definitions
"ACA" is the Affordable Care Act

“Full-time employee” means a classified employee who works twenty (20) or more hours a week.

“Responsible individual” means a primary insured employee who, as a parent or spouse, enrolls one or more individuals in a district’s health care plan.

“Tax Identification Number (TIN)” means an individual’s social security account number.1

TIN Reporting
All classified employees are required to complete and return 8.41F‑Health Care Coverage and TIN Report Form2 by no later than October 13 of each year. All employees that meet the above definition of a responsible individual are required to include the name, date of birth, and TIN of any dependant that receives health insurance through a District offered health care plan. Due to very significant penalties and sanctions contained within the ACA that the Internal Revenue Service (IRS) could levy against the District for the failure to submit required information to the IRS, the failure of any employee to submit a completed copy of 8.41F‑Health Care Coverage and TIN Report Form by October 13 shall be grounds for disciplinary action against the employee up to and including termination or non-renewal of contract.

Statement of Return4
Under provisions of the ACA, the District is required to file information with the IRS pertaining to each employee. The District is also required to send each full time employee a Statement of Return (Statement). Each full-time employee shall receive a Statement from the District by January 31 of each year. The Statement contains information the District provided to the IRS, as required by law, regarding the employee’s health insurance coverage. Each Statement consists of important District identification and contact information and a copy of the documents the District filed with the IRS concerning the employee’s health care coverage. As with other tax documents, the information contained in the Statements covers the immediately preceding calendar year. Only one statement will be provided to a household with an employee who meets the above definition of a responsible individual. The employee shall receive a paper copy of the Statement unless the employee completes and returns 7.23F‑Electronic Receipt of Statements Consent Form.

Notes:	This policy is similar to Policy 3.52. If you change this policy, review 3.52 at the same time to ensure applicable consistency between the two.

IRS regulations on the Affordable Care Act require that employers with fifty (50) or more full-time and full-time equivalent employees report to the IRS on the insurance status of all full-time employees, whether or not the employee receives health insurance through the employer.

1 The use of “TIN” instead of “Social Security Number” is to match the IRS forms and regulations.

2 Neither the ACA nor IRS regulations require the use of this form, but the IRS does require districts to submit returns containing information about employee health care coverage. The form is intended to simplify filing requirements for districts by providing districts with information the IRS requires that might not otherwise be in district records.

Alternatively, districts may provide employees a copy of the form that contains the required information provided from district records and require employees confirm the correctness of the information. ASBA believes this would be a more complicated process and recommends having employees use the form.

3 The October 1 date is not required by law. Districts have to provide the Statement of Return to all full-time employees by January 31 and you want to be sure to give your staff ample time to be able to create the required reporting documents. If you change the date from October 1 in this policy, be sure to change the return due date on 3.52F‑Health Care Coverage and TIN Report Form to match the date in this policy.

4 The ACA requires districts to file a form, or set of forms, with the IRS that are referred to as a “Return”. The Return is specific to each employee, like a 1099, and covers the employee’s health care coverage for the previous calendar year. The exact number of forms, and what information they will be required to contain, is unclear at the current time due to the IRS having not yet released final regulations or forms to use. 

In addition to submitting a Return to the IRS on an employee’s health care coverage, districts must send each employee a copy of the Return the district filed on that employee along with contact information for the district. The packet that the district sends to an employee is called a “Statement of Return”.

See Policy 7.23‑Health Care Coverage and the Affordable Care Act for more information on Statements of Return and associated district responsibilities.

Cross References:	7.23‑Health Care Coverage and the Affordable Care Act
7.23F‑Electronic Receipt of Statements Consent Form
8.41F‑Health Care Coverage and TIN Report Form

Legal References:	A.C.A. § 6-17-2202
26 U.S.C. § 6055
	26 U.S.C. § 6056
	26 U.S.C. § 6109

Date Adopted:  May 19, 2014
Last Updated:  May 19, 2014

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

For purposes of this policy, “Family member” includes:
•	An individual's spouse;
•	Children of the individual or children of the individual's spouse;
•	The spouse of a child of the individual or the spouse of a child of the individual's spouse;
•	Parents of the individual or parents of the individual's spouse;
•	Brothers and sisters of the individual or brothers and sisters of the individual's spouse;
•	Anyone living or residing in the same residence or household with the individual or in the same residence or household with the individual's spouse; or
•	Anyone acting or serving as an agent of the individual or as an agent of the individual's spouse.

No District employee, administrator, official, or agent shall participate in the selection, award, or administration of a contract supported by Federal funds, including the District Child Nutrition Program funds if a conflict of interest exists, whether the conflict is real or apparent. Conflicts of interest arise when one or more of the following has a financial or other interest in the entity selected for the contract:
1.	The employee, administrator, official, or agent;
2.	Any family member of the District employee, administrator, official, or agent;
3.	The employee, administrator, official, or agent’s partner; or
4.	An organization that currently employs or is about to employ one of the above.

Employees, administrators, officials, or agents shall not solicit or accept gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties to sub-agreements including, but not limited to:
a)	Entertainment;
b)	Hotel rooms;
c)	Transportation;
d)	Gifts;
e)	Meals; or
f)	Items of nominal value (e.g. calendar or coffee mug).1

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

All District personnel involved in purchases with Federal funds, including child nutrition personnel and any District employees involved in purchasing for the Child Nutrition Program shall receive training on the Code of Conduct. Training should include guidance about how to respond when a gratuity, favor, or item with monetary value is offered.2

Notes:	This policy is similar to Policy 3.52. If you change this policy, review 3.52 at the same time to ensure applicable consistency between the two.

1 Districts may set standards covering instances where the financial interest is not substantial or the gift is an unsolicited item of nominal value. If you do wish to set standards for these situations, delete this sentence and add a statement permitting such acceptance and the circumstances where it is acceptable.
2 The training provided should cover instances where there is doubt concerning the appropriateness of accepting gifts, favors, etc. the employee should be instructed to consider the following questions:
•	How would the public perceive this action of receiving the gift, favor, etc.?
•	Will acceptance of the gift, favor, etc. possibly influence a future purchasing decision?

The training should cover the Rules Governing Ethical Guidelines And Prohibitions For Educational Administrators, Employees, Board Members And Other Parties including the contract disclosure forms checklists from Commissioner’s Memo FIN 09-036.

Legal References:	A.C.A. § 6-24-101 et seq.
			Arkansas Department of Education Rules Governing the Ethical Guidelines And Prohibitions For Educational Administrators, Employees, Board Members And Other Parties
			A.C.A. § 6-24-101 et seq.
Division of Elementary and Secondary Education Rules Governing the Ethical Guidelines And Prohibitions For Educational Administrators, Employees, Board Members And Other Parties
Commissioner’s Memo FIN 09-036
Commissioner’s Memo FIN-10-048
Commissioner’s Memo FIN 15-074
2 C.F.R. § 200.318
7 C.F.R. § 3016.36
7 C.F.R. § 3019.42

Date Adopted:  June 15, 2015
Last Revised:  June 17, 2019

8.41F—CLASSIFIED PERSONNEL HEALTH CARE COVERAGE AND TIN REPORT FORM

The District requires all classified employees to complete the following form each year and return it to the District’s administrative office by October 1. In accordance with Arkansas law, the District shall not use, display, release, or print any of the information on this form for any other purpose than to comply with IRS regulations.

Definition
“Tax Identification Number (TIN)” means an individual’s social security account number. 

Health Insurance Information

Name: ___________________________________		

TIN: _____________		Date of Birth : ________

Please select the box that most accurately describes your health insurance coverage for the current year:
_____	Neither I nor any of my dependants received health insurance through one of the District’s health insurance plans during the current calendar year. (No coverage through District)

_____	I alone received health insurance through one of the District’s health insurance plans during the current calendar year. (Employee only coverage through the District)

_____	Both I and my dependant(s) received health insurance through a District’s family or spousal health insurance plan during the current calendar year. A spouse is included in the definition of a dependent. (Employee plus children, Employee plus spouse, Employee plus spouse and children)

If you had a family or spousal health care plan during the current year, please complete the following:

Dependant 1:
Name: ___________________TIN: _____________		Date of Birth: ________

Dependant 2:
Name: ___________________TIN: _____________		Date of Birth: ________

Dependant 3:
Name: ___________________TIN: _____________		Date of Birth: ________

Dependant 4:
Name: ___________________TIN: _____________		Date of Birth: ________

Signature: ______________________			Date: ___________

8.42—CLASSIFIED PERSONNEL BUS DRIVER END of ROUTE REVIEW

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

Date Adopted:  May 19, 2014
Last Revised:  May 19, 2014

8.44—CLASSIFIED PERSONNEL CONTRACT RETURN

An employee shall have thirty (30)1 days from the date of the receipt of his contract for the following school year in which to return the contract, signed, to the office of the Superintendent. The date of receipt of the contract shall be presumed to be the date of a cover memo2, which will be attached to the contract.

Failure of an employee to return the signed contract to the office of the Superintendent within thirty (30) days of the receipt of the contract shall operate as a resignation by the employee. No further action on the part of the employee, the Superintendent, or the School Board shall be required in order to make the employee’s resignation final.3

Notes:	1 The thirty (30) days here is entirely optional as there is no statutory timeline by when classified employees must return their contracts. We have used thirty (30) days here because it matches the timeline for licensed employees, but you may adjust the timeline to best suit your local needs. If you adjust the timeline in the policy, remember to also adjust the timeline included in the cover memo language set forth in footnote 2.

2 The following language is offered as suggestive for the cover memo:
Attached please find your contract of employment for the (date/date) school year. You have thirty (30) calendar days from the date of this memo to sign and return your contract of employment to the office of the Superintendent. According to personnel policy 8.44, the failure of an employee to sign and return his or her contract by the thirtieth (30th) day shall operate as a resignation, and steps will immediately begin to fill that vacated position for the next school-year.

3 The paragraph is optional and works well for districts that get their contract renewals out well before school is out; however, for districts that issue contracts late, the paragraph serves as an additional opportunity for employees to get out of their contracts by simply declining to return them signed and thus activate the provisions of the second paragraph of the policy.

Date Adopted: February 18, 2019
Last Revised: February 18, 2019