School Board Policies & Procedures Manual BENTON COUNTY SCHOOL OF THE ARTS Chapters and Codes Chapter Code Foundations and Basic Commitments A School Board Governance and Operations B General School Administration C Fiscal Management D Support Services D Facilities Development F Personnel - Certified G Negotiations H Instruction I Students J Personnel – Classified K Education Agency Relations L CHAPTER A Foundations and Basic Commitments Police Code Policy Topic/Subject Section AA Legal Status of Benton County School of the Arts A-1 AB The Citizens and Their Schools A-2 AC Nondiscrimination/Equal Opportunity A-3 AD Mission and Belief Statements A-4 AE Drug-Free Schools A-5 AF Tobacco-Free Schools A-6 AG Gun-Free Schools A-6 AH Safe Schools A-7 AI BCSA Accountability and Assessment A-8 AJ Board Recognition for Accomplishment A-9 AK School Day A-10 Note: All policies in Section A were reviewed, revised and approved by the BCSA Board of Education on March 6, 2012. Section A-1 Code: AA Date Issued/Revised: 2/15/02, 3/6/2012 LEGAL STATUS OF BENTON COUNTY SCHOOL OF THE ARTS The Benton County School of the Arts' (BCSA) legal status is that of a body corporate. BCSA is organized and governed by the laws of the State of Arkansas relating to charter schools, by written policies adopted by the BCSA School Board pursuant to federal and state laws, and in accordance with the instructions of the Arkansas State School Board and the Arkansas State Board of Vocational and Technical Education. Legal References: Ark. Code Ann. Section 6-13-102 Article 14, Section 1 and Section 3, Constitution of the State of Arkansas Corporate Name: The corporate name of this school shall be the "Benton County School of the Arts," and it shall have the same prerogatives, powers, duties, and privileges as all other schools in this state and as provided by Arkansas law. Legal References: Ark. Code Ann. Section 6-13-101 Ark. Code Ann. Section 6-13-102 Section A-2 Code: AB Date Issued/Revised: 2/15/02, 3/6/2012 THE CITIZENS AND THEIR SCHOOL BCSA is a legal entity for conducting a system of public education for the residents of Arkansas. The system was created by, and is governed by, Arkansas state law. Members of the School Board are state officers chosen by eligible voters to represent them in the management of their schools. The School Board has the responsibility to implement public education and meet local citizen's desires for educating their youth. While the Board has an obligation to assess citizen's desires, it is understood that when Board members are elected, they are entrusted to exercise their best judgment to determine policies, make decisions and approve procedures. The BCSA School Board reaffirms and declares its intent to: Maintain two-way communications with the citizens. The public will be kept informed of the progress and problems of the school, and citizens will be urged to bring their aspirations and feelings about their school to the attention of the Board. Establish policies and make decisions on the basis of declared educational philosophy and goals. All decisions made by the Board will be made with priority given to furthering the education of the youth enrolled in the school. Act as a representative body for citizens of the state in matters involving public education. The Board recognizes that ultimate responsibility for public education rests with the General Assembly of the State of Arkansas, however, the Board has been assigned specific authority through state law. Section A-3 Code: AC Date Issued/Revised: 2/15/02, 3/6/2012 NONDISCRIMINATION/EQUAL OPPORTUNITY BCSA does not condone discriminatory treatment of students or personnel. The faculty, staff, Superintendent/Executive Director and members of the School Board are committed to providing equal educational and employment opportunity to all qualified individuals. BCSA is committed to the policy of providing educational opportunities to all qualified students regardless of their economic or social status, and will not discriminate on the basis of race, color, sex, marital or parental status, religion, national origin, or disability. In the area of employment (including hiring, job assignment, salaries, fringe benefits, training and other conditions of employment), BCSA will not discriminate on the basis of race, color, sex, religious preference, age, marital/parental status or national origin, and it does not discriminate against qualified disabled individuals, in treatment or employment in its programs and activities. All persons, agencies, vendors, contractors and other persons and organizations doing business with or performing services for BCSA shall subscribe to all applicable federal and state laws, executive orders, rules and regulations pertaining to contract compliance. The School Board is committed to the attainment of equal opportunity and a policy of nondiscrimination in the belief that this commitment to diversity will produce a quality educational experience for all students of BCSA. To meet this challenge, the School Board reaffirms its intent to implement and adhere to all applicable federal and state laws, executive orders, rules and regulations which apply to the operation of BCSA, including the following: Title VI of the Civil Rights Act of 1964 - prohibits discrimination on the basis of race, color, or national origin by educational programs receiving federal funds. Title VII of the Civil Rights Act of 1964 - prohibits discrimination in employment (including hiring, assignments, salaries, fringe benefits, training, and other conditions of employment) on the basis of race, color, national origin, religion, or sex. The Equal Pay Act of 1963 - prohibits discrimination in salaries on the basis of sex. Title IX of the Education Amendments of 1972 - prohibits discrimination on the basis of sex against students or others in education programs or activities. The Age Discrimination in Employment Act - covers people over the age of 40 and forbids discrimination in employment opportunities on the basis of age, unless age is a bona fide occupational qualification. The Rehabilitation Act of 1973 prohibits discrimination against "otherwise qualified" students and employees with disabilities. The Americans with Disabilities Act of 1990 prohibits discrimination against students, employees, and the general public on the basis of disabilities. All grievances and complaints will be handled in accordance with Board regulations. The Superintendent/Executive Director has been designated to coordinate efforts to comply with laws and regulations relating to affirmative action, nondiscrimination, and equal opportunity. Section A-4 Code: AD Date Issued/Revised: 2/15/02, 3/6/2012 MISSION AND BELIEF STATEMENTS BCSA Mission Statement: BCSA is the ultimate K-12 experience in arts and academics. BCSA Beliefs: We believe that: the integration of arts and education defines us creative freedom and a rigorous curriculum are fundamental to student success the arts enrich our lives by enabling us to celebrate individuality and diversity the integration of the arts and academics offers students greater opportunities to succeed in the 21st century great teaching recognizes and addresses the multiple ways students learn personalized instruction is essential to each student’s educational success we must develop ethical leadership and citizenship in our students providing a safe environment promotes student learning continual evaluation holds us accountable in order to meet the needs of our diverse BCSA community communication and collaboration between students, parents, staff and community are essential to students’ success Section A-5 Code: AE Date Issued/Revised: 2/15/02, 3/6/201 DRUG - FREE SCHOOL BCSA is committed to providing a drug-and alcohol-free environment and workplace. Drug and alcohol abuse at school or during school-sponsored activities threaten the health and safety of our students and staff, and adversely affect our educational mission. The use of illegal drugs and the unlawful possession or use of alcohol is wrong and harmful. For these reasons, the unlawful manufacture, distribution, dispensation, possession or use of illegal drugs, alcohol or other controlled substances on school premises or during school- sponsored activities is strictly prohibited. These standards apply to students and school personnel. Any BCSA employee who is convicted of a federal or state drug violation must notify the BCSA Superintendent/Executive Director not later than five (5) working days after the conviction. Discipline, consistent with local, state and federal law (up to and including expulsion and referral for criminal prosecution), will be imposed on students who violate this policy. Discipline may include, parent-administrator conferences, detention, suspension and expulsion. Satisfactory completion of a rehabilitation program may be substituted for some or all of the discipline. In accordance with the Drug-Free Workplace Act of 1988 (amended), compliance with this policy is made a condition of employment. Discipline consistent with local, state, and federal law (up to and including termination of employment and referral for criminal prosecution), will be imposed on school personnel who violate this policy. Discipline may include, reprimand, suspension with or without pay, termination and referral for prosecution. Satisfactory completion of a rehabilitation program may be substituted for some or all of the discipline. Legal Reference: 41 U.S.C. Section 701, et seq. Section A-6 Code: AF Date Issued/Revised: 2/15/02, 3/6/2012 TOBACCO - FREE SCHOOLS BCSA personnel and visitors are prohibited the use of tobacco or tobacco products in BCSA's enclosed areas, buildings and facilities, outside school owned properties, and in vehicles owned, leased or operated by the school. Students, school employees and visitors are not permitted to use tobacco and tobacco products while they are on school property or while involved in an activity representing the school. Legal Reference: Ark. Code Ann. Section 6-21-60 Code: AG Date Issued/Revised: 2/15/02, 3/6/2012 GUN - FREE SCHOOLS BCSA is committed to helping create a safe school by implementing the federal "Gun-Free Schools Act of 1994". Any student who brings a gun onto school property shall be recommended for expulsion (the Superintendent/Executive Director may modify the recommendation on a caseby-case basis). Legal Reference: 20 U.S. Code, Section 8921 Section A-7 Code: AH Date Issued/Revised: 2/15/02, 3/6/2012 SAFE SCHOOLS The Superintendent/Executive Director, principals, teachers and staff are responsible, within limits imposed by available resources, for taking precautions for the health and safety of BCSA personnel and students, in compliance with applicable local, state and federal rules, regulations and laws governing school health and safety. Code: AI Date Issued/Revised: 2/15/02, 3/6/2012 SCHOOL BOARD ACCOUNTABILITY AND ASSESSMENT The BCSA School Board accepts responsibility for all facets of school operations and education programs. Because it is accountable to the residents of the state, the board will maintain a program of accountability and assessment which consist of the following guiding principles: Evaluate the Superintendent/Executive Director Develop goals about operations, programs and personnel. Provide staff, resources and support to achieve those goals - within budget. Evaluate regularly to determine if goals are being met. Start a performance action plan so the school can gear its own efforts in achieving the goals. Assess the efforts of the school, personnel and the School Board in making continuous improvement. Code: AJ Date Issued/Revised: 2/15/02, 3/6/2012 BOARD RECOGNITION FOR ACCOMPLISHMENT The School Board appreciates the diligent effort made by its members, Superintendent/Executive Director, principals, faculty, staff, student body and citizen volunteers in achieving BCSA's goals. The Board will make it a point to recognize their service to the school. Recognition will include resolutions, comments at meetings, letters of commendation, certificates or plaques. Section A-8 Code: AK Date Issued/Revised: 2/15/02, 3/6/2012 SCHOOL DAY The School Board shall set the length of the school day in compliance with Arkansas School Law. Teachers are expected to be at work at least fifteen (15) minutes prior to the beginning of the school day, and stay at least thirty (30) minutes after the end of the school day. Exceptions to this schedule may include staff meetings, staff development activities, alternate contracts, parent-teacher conferences or duty assignments, when teachers will be expected to report earlier or stay later. The Superintendent/Executive Director or principal may excuse teachers to leave early. Teachers who are members of professional organizations may leave early for meetings. These meetings should not interfere with the teachers’ duties. Staff members who leave an assignment without prior approval will be docked a full or half day’s pay (depending on the amount of time missed), unless an alternative is approved by the administrator. The principal is expected to be in earlier and stay later than the teachers and students schedules. Exceptions to this would be professional meetings, civic club meetings, etc. If the principal leaves the building during the school day, they must carry a cell phone in case of emergencies. CHAPTER B School Board Governance and Operations Policy Code Policy Topic/Subject Section BA BCSA School Board Operational Goals B-3 BB Board Legal Status/Generally B-4 BC Board Powers and Responsibilities B-4 BD Board Member Authority and Responsibility B-5 BE Board Membership - Elections and Appointments B-6 BF Board Member Qualifications B-7 BH Removal of Board Member From Office For Non-Attendance B-8 BI Unexpired Term Fulfillment/Vacancies B-8 BJ Conduct of Board Members B-9 BK Board Member Code of Ethics B-9 BL Board Member Conflict of Interest B-11 BM Public Participation in Board Meetings B-12 BN Organization of the Board B-13 BO Method of Electing Board Officers B-13 BP Board Officer Duties B-14 BS Appointed Board Officials B-18 BT Policy Adoption B-18 BU School Board-Superintendent/Ex. Director Relations B-19 BV Board Committees B-21 BW Advisory Committees B-21 BX School Attorney/Legal Services B-22 BY Board Consultants/Staff Assistants B-22 BZ Board Meetings – Generally B-23 BAA Regular Board Meetings B-23 BAB Adjourned Board Meetings B-24 BAC Special Board Meetings B-24 BAD Executive Sessions B-25 BAE Board Meeting Procedures B-25 BAF Notification of School Board Meetings B-25 BAG Agenda for Regular Board Meetings B-26 BAH Quorum B-27 BAI Rules of Order B-27 BAJ Parliamentarian B-27 BAK Suspension of Rules of Order B-28 BAL Voting Method at Board Meetings B-28 BAM Minutes of Board Meetings B-28 BAN School Board Records B-29 BAO Public Participation at Board Meetings Generally B-29 BAP Public Participation at Board Meetings Guidelines B-29 BAQ News Media B-30 BAR Broadcasting and Taping of Board Meetings B-31 BAS School Board Work Sessions and Retreats B-31 BAT Board Policy Process B-32 BAU Board Policy Development System B-33 BAV Policy Adoption B-33 BAW Policy Revision and Review B-34 BAX Board Review of Administrative Policy Guidelines B-34 BAY Policy Communication and Feedback B-34 BAZ General Board Communications B-35 BBA Board Communications with BCSA Personnel B-35 BBB New Board Member Orientation and Training B-36 BBC Board Member Development Activities B-37 BBD Board Member Facilities and Services B-37 BBE Board Member Compensation and Expenses B-38 BBF Annual Board Self-Evaluation B-39 BBG Board Memberships B-39 Note: All policies in Section B were reviewed, revised and approved by the BCSA Board of Education on March 6, 2012. Section B-3 Code: BA Date Issued/Revised: 8-16-77, 3/6/2012 SCHOOL BOARD OPERATIONAL GOALS It is the objective of the School Board that every lay person in the community feels he or she is in partnership with the professional educators and the School Board who have the responsibility for continuous planning, analysis, and evaluation to see that the most effective and meaningful educational opportunities are made available to our youth consistent with the aspiration, cultural pattern, and financial ability of the community. The BCSA School Board further acknowledges that it is responsible for the establishment and maintenance of a free public school for all children residing in Arkansas and shall make all necessary rules and regulations appropriate for the governance and conduct of school operations consistent with local, state, and federal law. Authority and Right of Review - The School Board has final legal authority within the provision of state and federal law for the operation of the school. No policy or procedure adopted by the Board or its designee shall be construed to limit the statutory powers provided by state law to the BCSA School Board to exercise its own judgment and to make recommendations to the Superintendent/Executive Director. To accomplish this function the Board must have timely access upon request to any information, including documents, in the possession of school personnel unless such access is expressly prohibited by state or federal law. Policy Adoption and Procedure Review - It is the responsibility of the School Board to adopt policies for the effective and efficient management of BCSA. All policies legally adopted shall be put in written form, noted in the minutes of the meeting where such action was taken, and copies of any new, revised or deleted policies shall be promptly distributed for inclusion in official copies of the BCSA Board Policy Book maintained in various locations throughout BCSA. Adoption or revisions of generated administrative procedures which significantly alter the manner in which a Board policy is to be implemented shall be distributed to the Board for information. Evaluation of Policies and Procedures - The School Board is responsible for evaluating both the effectiveness of its policies and how well they have been implemented. The Superintendent/Executive Director recommends specific action to implement Board policy, and it is the responsibility of the Board to appraise the value and importance of each recommendation and to act on each proposal. Operational Action - The School Board is responsible for developing the processes necessary for conducting Board business such as adopting a procedural form for meetings, elections of Board officers, and providing for the enforcement of state and federal law. Executive Action - The Superintendent/Executive Director performs administrative duties for the Board by authority delegated to him or her. The School Board is responsible for holding the Superintendent/Executive Director accountable for the effective and efficient administration and leadership of BCSA. Quasi-Judicial Action - The School Board serves in a quasi-judicial function when it acts as a forum for hearings and appeals from parents, students, or personnel on decisions or recommendations made by the Superintendent/Executive Director or appointed designees. Section B-4 Code: BB Date Issued/Revised: 2/15/02, 3/6/2012 BOARD LEGAL STATUS - GENERALLY The legal authority of the operation and management of the school program in BCSA is vested in the elected BCSA Board of Directors (BCSA School Board). Legal Reference: Ark. Code Ann. Section 6-13-101 Code: BC Date Issued/Revised: 2/15/02, 3/6/2012 BOARD POWERS AND RESPONSIBILITIES The School Board shall exercise the following powers and perform the following duties: 1. Select and evaluate the Superintendent/Executive Director and support the Superintendent/Executive Director in the proper discharge of his or her duties. 2. Establish general policies for the school system in consultation with the school administrative staff and teacher representatives and in keeping with the wishes of the community and the requirements of the law. 3. Employ teachers and other employees necessary for the proper conduct of the BCSA upon the recommendation of the Superintendent/Executive Director. 4. Make written employment contracts with teachers and all other employees of the BCSA in the form prescribed by the Arkansas State School Board. 5. Adopt salary schedules for all school personnel. 6. Provide, by the exercise of its legal powers, the funds necessary to adequately finance the operation of the school. 7. Revise, if necessary, and adopt and publish, as provided by law, an annual operating budget as recommended by the Superintendent/Executive Director. 8. Require and evaluate the reports of the Superintendent/Executive Director concerning the progress of the financial status of the BCSA. 9. Provide for the care and custody of school facilities, grounds and other BCSA property and ensure that it is maintained in a state of good repair. 10. Seek at all times the cooperation of citizens, county and city officials. 11. Ensure that the courses of study for all grades, prescribed by the Arkansas State School Board or by law, are taught in the BCSA. 12. Assist in presenting to the public the needs and progress of the school. 13. Exert authority as board members, only when acting as a board legally in session, exercising no individual administrative responsibility with respect to the school, and refraining as an individual, from commanding the services of any BCSA employee. 14. Cooperate with other educational agencies in the continued improvement of the structure of BCSA. 15. Do all other things necessary and lawful for the conduct of efficient and effective free public school Legal Reference: Ark. Code Ann. Section 6-13-620 Section B-5 Code: BD Date Issued/Revised: 2/15/02, 3/6/2012 BOARD MEMBER AUTHORITY AND RESPONSIBILITY The BCSA School Board has power to take official action only when it meets in open session as a board and as a committee of the whole. The Board shall not be bound in any way by any statement or action on the part of any individual board member or BCSA employee, except when such statement or action is in pursuance of specific instructions by the Board. Legal Reference: Ark. Code Ann. Section 6-13-619 Section B-6 Code: BC Date Issued/Revised: 2/15/02, 3/6/2012 BOARD MEMBERSHIP - ELECTIONS AND APPOINTMENTS School Board Elections Number: The BCSA School Board shall consist of seven (7) members elected at large by the qualified voters of BCSA. Eligible voters are defined as any parent or legal guardian who currently has a child enrolled in BCSA at the time of the school board election. Parents and legal guardians of former students are not eligible voters. Legal References: Historical: 1949 Ark. Acts 214; 1979 Ark. Acts 152; Ark. Code Ann. Section 6-13604(a) (1987). Current: Ark. Code Ann. Section 6-13-604 Term of Office: The term of office for each member of the School Board shall be three (3) years, with three (3) positions and four (4) positions rotating off as follows: Position 1 Wes Abbott June 30, 2015 Position 2 Alicia Knotts June 30, 2015 Position 3 Darlene McLernon June 30, 2015 Position 4 Howard Alsdorf June 30, 2014 Position 5 Tony Beardsley June 30, 2014 Position 6 Jim Keast June 30, 2014 Position 7 Dave Russell June 30, 2014 Legal Reference: Ark. Code Ann. Section 6-13-608 Election Date and Procedures: Members of the BCSA School Board shall be elected by non-partisan vote at the annual school board election held on the last Tuesday of April. In order to win a contested race, a candidate must receive at least 50% plus one vote over the other candidate(s). In the event there are three (3) or more candidates running for a position, and neither candidate receives the required 50% plus one vote, there will be a run-off election two weeks later between the two candidates with the highest number of votes. Uncontested positions will be awarded to the incumbent by default. Legal Reference: Ark. Code Ann. Section 6-14-102 School Board Member Candidate Petition: Any person who is qualified may become a candidate for a place on the School Board by submitting a Candidate Information Form to the Superintendent/Executive Director by the deadline as established by the School Board. Failure to submit the Candidate Information Form by the established deadline will result in potential candidates not being placed on the election ballot. Any person who currently has or formerly has had children enrolled in Benton County School of the Arts is eligible to run for a position on the School Board. Eligible candidates are not required to currently have children enrolled in BCSA. Legal Reference: Ark. Code Ann. Section 6-14-111 Section B-7 Code: BF Date Issued/Revised: 2/15/02, 3/6/2012 BOARD MEMBER QUALIFICATIONS Except as noted in paragraph 2 below, to be eligible to serve as a member of the School Board, a person must be a qualified elector of the State of Arkansas. 3. Any person who currently has or formerly has had children enrolled in Benton County School of the Arts is eligible to run for a position on the School Board. Eligible candidates are not required to currently have children enrolled in BCSA. 4. No person who is elected to the School Board shall be eligible for employment in the BCSA during his or her tenure on the Board. Legal References: Ark. Code Ann. Section 6-13-616 Ark. Code Ann. Section 6-14-108 Section B-8 Code: BH Date Issued/Revised: 2/15/02, 3/6/2012 REMOVAL FROM OFFICE FOR NON-ATTENDANCE Any member of the board who misses three (3) regular, consecutive board meetings during a school year, for any reason other than military service or illness (verified by a written sworn statement of the member's physician) of the member, may be removed from office by a majority vote of the remaining members pursuant to Arkansas law. If the Board removes a member from office, the remaining members shall appoint another individual to serve until the next annual school election, when the qualified electors shall elect in the usual manner a director to serve the unexpired term of the removed member. Legal Reference: Ark. Code Ann. Section 6-13-619 Code: BI Date Issued/Revised: 2/15/02, 3/6/2012 UNEXPIRED TERM FULFILLMENT/VACANCIES The Board of Directors by a majority vote shall within thirty (30) days fill any unexpired vacancy which occurs on the Board due to death, resignation, moving outside the BCSA, failure to participate; however, any director so appointed shall serve only until the next annual school election, at which time the electors shall select in the usual manner a director to serve the unexpired term of the vacating director. Legal References: Ark Code Ann: 6-13-611; 6-13-612; 6-13-613;6-13-619 Section B-9 Code: BJ Date Issued/Revised: 8-16-77, 3/6/2012 CONDUCT OF BOARD MEMBERS Members of the BCSA School Board should strive to prepare for and attend all meetings, discuss items presented on the agenda, suggest other items for consideration when appropriate, and vote in good faith upon motions and resolutions presented. Official decisions of the School Board can be made only at Board meetings and in compliance with state law. Board members do not have authority to speak for the Board or the BCSA and should not make out-of-meeting comments unless directed by the Board. Board members shall be nonpartisan in dealing with school matters and they shall place the interest of the students ahead of partisan principle, group interest, or personal self-interest. Members of the BCSA School Board should also meet the following qualifications: 1. Have personal integrity, intelligence and appreciation of the values of quality education. 2. Be residents of Arkansas willing and capable of assuming responsibility and a leadership role in the community. 3. Have the ability to work with others, have the courage of their convictions, always vote their beliefs, and be committed to and champion the role of public education in our society. 4. Be prepared and willing to invest time in the study of the problems of education in BCSA, state and nation. 5. Be willing and able to make sacrifices of their time, knowledge and personal interest for the good of BCSA. 6. Be professional and demonstrate ethical conduct at all times when representing BCSA. Code: BK Date Issued/Revised: 2/15/02, 3/6/2012 BOARD MEMBER CODE OF ETHICS Position of Public Trust: Holding public office is a trust created by confidence that citizens place in the integrity of their elected public officers. To preserve this confidence, the BCSA School Board should operate under the highest of ethical standards. Annual Filing of Code Ethics Disclosure Form: Each Board member is required to file the annual Code of Ethics Disclosure Form with the Benton County Clerk as specified by Arkansas law. Legal Reference: Ark. Code Ann. Section 21-8-305 Ark. Code Ann. Section 21-8-306 Board Member Code of Ethics: I. As a member of my local School Board, representing all the citizens of my school, I recognize 1. That my fellow citizens have entrusted me with the education of the children of this school. 2. That the public expects my first and greatest concern to be the best interests of each of these children, without distinction as to who they are or what their background may be. 3. That the future of this community, this state and the Nation depends upon the quality of education we provide in the public school. II. 4. That my fellow board members and I must take the initiative in giving the people of this community the facts about their school, then hopefully they will readily provide the finest possible school program, staff and facilities. 5. That the authority of the Board is derived from the state, which ultimately controls the organization and operation of the school, and determines the degree of discretionary power left with the Board and the people of this community. 6. That I must never neglect my obligation to the community and the State, nor surrender these responsibilities to any person, group or organization. I have a moral and civic obligation to the Nation, which can remain strong and free only so long as public schools in the United States of America are kept strong and free. In view of the foregoing consideration, I shall endeavor to: 1. Devote time, thought and study to the duties and responsibilities of a school board member so that I may render effective and creditable service. 2. Work with my fellow board members in a spirit of harmony and cooperation, in spite of differences of opinion. 3. Base my decisions upon all available facts, to vote my honest conviction in every case (unswayed by bias), and to abide by and uphold the final majority decision of the Board. 4. Remember that I have no legal authority outside the meetings of the Board and to conduct my relationships with the school staff, the citizenry and all media on this basis. 5. Resist temptation and pressure to use my position as a school board member to benefit myself or another individual or agency, apart from the interests of the school. 6. Recognize that it is just as important for the Board to understand and evaluate the educational program of the school as it is to plan for the business of school operations. 7. Keep in mind that the primary function of the Board is to establish the policies by which the school is to be administered, but that the conduct of school business shall be left to the Superintendent/Executive Director and his/her staff. 8. Welcome and encourage active cooperation by citizens, organizations and the media in establishing policy on current and future school operations and development. 9. Support my State and National School Boards Associations. 10. Strive toward the most effective school board service to my community, in a spirit of teamwork and devotion to public education, as the greatest instrument for the preservation of our democracy. Source: Board of Directors, National School Boards Association Section B-11 Code: BL Date Issued/Revised: 2/15/02, 3/6/2012 BOARD MEMBER CONFLICT OF INTEREST The BCSA School Board desires its members not only to adhere to laws regarding conflict of interest, but to be alert to the appearance of a conflict of interest; and to avoid actions that might embarrass themselves or the Board. The following two areas must be considered with care in order that there be no actual or perceived conflict of interest: Pecuniary Interest: A Board member shall not have any direct pecuniary interest in a contract with the school, nor shall the member furnish directly any labor, equipment, or supplies to the school except as permitted under Arkansas law. In the event a Board member is employed by a corporation or business or has a secondary interest in a corporation or business which furnishes goods or services to the BCSA, the Board member shall declare his or her potential conflict of interest, and shall refrain from debating and voting upon the contract in question as recommended by Arkansas law. It is not the intent of this policy to prevent the BCSA from contracting with corporations or businesses because a Board member is an employee of the firm. The policy is designed to prevent placing a Board member in a position where their duties to the BCSA and to the member's employment (or other indirect interest) might conflict, and to avoid appearances of impropriety even though none may exist. All aspects of the foregoing policy shall be applicable to the Superintendent/Executive Director. Legal References: Ark. Code Ann. Section 6-21-601 Ark. Code Ann. Section 6-21-602 Ark. Code Ann. Section 6-21-603 Employment of Immediate Family Members: The policy of the BCSA School Board is that no member of the immediate family (spouse, children, parents, spouse of children, brothers and sisters) of a Board member may be employed in the BCSA, unless the family member was employed prior to the Board member's election. No one may be appointed to fill a Board position that has immediate family employed by the BCSA. Section B-12 Code: BM Date Issued/Revised: 2/15/02, 3/6/2012 PUBLIC PARTICIPATION IN BOARD MEETINGS The Board desires citizens to attend its meetings so that they may become better acquainted with the operation and programs of the school, and so that the Board may have opportunity to hear the wishes and ideas of the public. The Board does not, however, obligate itself to consider any request or proposal unless the request or proposal is submitted in writing to the Superintendent/Executive Director twenty-four (24) hours before the meeting. PUBLIC REQUEST TO ADDRESS THE BENTON COUNTY SCHOOL OF THE ARTS BOARD OF EDUCATION Name of Requestor: ___________________________________ Date of Request: _____________________________________ (Note: Request must be submitted to the Superintendent/Executive Director no less than 24 hours prior to the school board meeting. Comments regarding personnel are not permitted). Describe the nature/business of your request. Attach a copy of any documents you will be sharing/discussing. The Benton County School of the Arts Board of Education will limit your comments to a maximum of five (5) minutes and no official board action regarding your presentation may be taken during the meeting. ____ I am speaking on behalf as an individual only ___ I am speaking on behalf of a group or organization Request to be placed on the BCSA Board of Education School Board Agenda: ____ approved ____ denied (state reason for denial: ) ________________________________________ _____________________________ Signature of Superintendent/Executive Director Date B-12/B-29 8/6/08, 3/6/2012 Section B-13 Code: BN Date Issued/Revised: 2/15/02, 3/6/2012 ORGANIZATION OF THE BOARD Date of the Organizational Meeting: The School Board shall hold an organizational meeting to elect officers during the July board meeting following elections in April. Legal Reference: Ark. Code Ann. Section 6-13-618 School Board Officers: Officers elected annually by the School Board from its membership are as follows: President, Vice-President, and Secretary/Treasurer. Each officer shall serve for a term of one (1) year, or until a successor is elected and qualified. No member of the School Board shall serve more than two (2) consecutive terms as president. Legal Reference: Ark. Code Ann. Section 6-13-618 Code: BO Date Issued/Revised: 2/15/02, 3/6/2012 METHOD OF ELECTING BOARD OFFICERS School Board officers shall be elected during the July board meeting following elections in April. The vote may be by secret ballot, show of hands or verbal, at the discretion of the Board. Officers shall be elected in the following order: president, vice president, and secretary/treasurer and voting shall continue until a majority is received. The current president shall preside at this and entertain motions for the nominations of officers. If the current president is nominated for an office, he or she shall ask another Board member to assume the chair until the election for the office is complete. When a quorum of the School Board has convened and neither the president nor the vicepresident is present, the members shall elect one of their number to serve as president for that meeting. Legal Reference: Ark. Code Ann. Section 6-13-618 Section B-14 Code: BP Date Issued/Revised: 2/15/02, 3/6/2012 BOARD OFFICER DUTIES Board President Duties Parliamentarian: The President shall preside at meetings of the School Board and decide questions of order in accordance with "Robert's Rules of Order, Revised." Appoint Committees: The President shall appoint all committees (unless otherwise directed by the Board), sign official documents of the Board, call a special meeting of the Board whenever conditions set forth for special meetings have been met and perform other duties as may be prescribed by law or by action of the School Board. The President shall have the same right as other School Board members to offer resolutions, to make or second motions, to discuss questions and to vote thereon. Board Vice-President Duties: The Vice-President shall preside at School Board meetings, in the absence of the President, and perform other duties as may be assigned by the Board. Board Secretary/Treasurer Duties: The Secretary/Treasurer of the School Board shall perform the duties of the president in the absence of the president and the vice-president. The Superintendent/Executive Director, or his/her designee, will record minutes of all meetings and will distribute minutes of meetings to the board for review no later than four (4) days prior to the next regularly scheduled board meeting. The Secretary/Treasurer shall be the disbursing officer for the BCSA, and shall sign warrants and other orders of payment. An alternate disbursing officer will be elected by the Board to sign warrants in the absence of the Secretary/Treasurer. Legal Reference: Ark. Code Ann. Section 6-13-618 Section B-18 Code: BS Date Issued/Revised: 2/15/02, 3/6/2012 APPOINTED BOARD OFFICIALS It is the practice of the BCSA School Board to appoint a secretary/treasurer to the Board. The secretary/treasurer to the Board shall sign school warrants. Code: BT Date Issued/Revised: 2/15/02, 3/6/2012 POLICY ADOPTION The efficient operation of BCSA requires the adoption of policies, procedures and guidelines that apply to all phases of the school program. These policies and regulations set the pattern for the program of education in BCSA. As a part of the BCSA School Board Policies and Regulations Handbook, only those policies that have been voted upon by the School Board and distributed to teachers as the BCSA Certified Personnel Policies Handbook will be considered personnel policies. Any changes or amendments to personnel policies shall become effective the following July 1. Such amendments may become effective immediately by a majority secret ballot vote of the Board. All policies and policy revisions not identified as personnel policies may be adopted at any given meeting without prior notification. Temporary approval may be granted at a meeting of the Board in lieu of formal policy to meet emergency conditions or special events. This notification shall constitute an opportunity for the appropriate committee of any affected organization to meet with the Superintendent/Executive Director and the Board for consultation with reference to the proposed change(s). (Cf. BDBB-R) Laws enacted by the Arkansas Legislature supersede any policies adopted by the BCSA School Board and appear in this Certified Personnel Policy Handbook. Legal Ref: Arkansas Code Annotated 6-17-204 Section B-19 Code: BU Date Issued/Revised: 2/15/02, 3/6/2012 SCHOOL BOARD/SUPERINTENDENT/EXECUTIVE DIRECTOR RELATIONS For BCSA to effectively meet its goals, it must be responsive to the public and, at the same time, provide for effective utilization of highly trained personnel. In pursuit of this aim, the School Board will endeavor to represent the public in establishing goals, objectives and purposes. The Superintendent/Executive Director will provide, to the best of their abilities and those of the staff, the technical competence and know-how to assist the School Board with its policy functions, to implement the policies and directives of the Board and operate the school. Through this effort BCSA may combine the public will with the professional understanding of what constitutes an outstanding educational program. Because the two responsibilities are related and often overlap, there can be no distinct line drawn between policy-making responsibility of the Board and policy-executing responsibility of the Superintendent/Executive Director. The following general expectations are set forth to serve as reference points in the working relationship between the School Board and the Superintendent/Executive Director. BOARD EXPECTATIONS Conscientious Execution: The School Board expects conscientious execution of its policies without bias. This is to give every policy a chance of success, rather than just those policies with which the Superintendent/Executive Director is in agreement. When a situation arises not covered by Board policy, the Board depends upon the Superintendent/Executive Director to decide if the matter requires a policy decision by the Board, or is it something that can be handled under existing policies. Information: The Board expects full disclosure from the Superintendent/Executive Director of all pertinent information regarding all aspects of BCSA operations. Such information should include all important issues, controversial and non controversial, and is to be presented in an objective and unbiased manner. When action is warranted by the information, the Superintendent/Executive Director is to supply recommendations relative to possible alternatives. The Board further expects that the Superintendent/Executive Director will give ample time to study all items on which action is needed. Superintendent/Executive Director Support: The Board expects the Superintendent/Executive Director to support it fully to the public and to defend its decisions even though they may be contrary to his or her recommendations. The Superintendent/Executive Director is to share the responsibility for unfavorable as well as favorable results. This sense of loyalty is essential for a smoothly functioning organization. Professional Ethics and Conduct: The School Board expects the Superintendent/Executive Director to abide by the Arkansas Ethics for Educators law as identified in state law. The Board expects the Superintendent/Executive Director to conduct all official business with the School Board as a whole and not with portions of the Board or with individual members. The Board derives its legal authority only when acting as a whole and must perform its duties as a team and only in duly constituted meetings as specified by Arkansas law. SUPERINTENDENT/EXECUTIVE DIRECTOR EXPECTATIONS Respect for Board Policy: The Superintendent/Executive Director can expect the School Board to establish and live by a complete set of sound, written policies, covering all phases of Board operation. Within the limitations of these policies it is the function of the Superintendent/Executive Director to administer the affairs of BCSA. Support of the Board: The Superintendent/Executive Director can expect full support from the Board as long as he or she is in their employ. The Superintendent/Executive Director can further expect protection against unfair demands and excessive or unwarranted criticisms. Differences or disagreements are matters of private information and are resolved in an atmosphere of honesty and sincerity. Function as a Whole: The Superintendent/Executive Director can expect the Board to conduct official business only at duly constituted meetings and only after both the Superintendent/Executive Director and Board have had adequate time to study all topics under consideration. The Superintendent/Executive Director can also expect the Board to operate as a whole or unit rather than as factions or individuals. Personnel Matters: In matters concerning BCSA personnel, the Superintendent/Executive Director can expect the School Board to deal with all school employees through him or her as the chief executive officer for BCSA. Evaluation of Administrator Performance: The Superintendent/Executive Director has a right to be advised when the School Board is displeased with his or her job performance and to have an opportunity to make any necessary improvement. The Superintendent/Executive Director should also be informed when his or her job performance is pleasing to the Board. An annual performance evaluation will provide the Superintendent/Executive Director adequate feedback on his or her job performance. Such performance appraisals are not to dictate how the Superintendent/Executive Director’s job should be done, but rather to provide the feedback necessary for both formative and summative evaluation. Legal Reference: 6‐13‐620 (5)(A)(i)(b). Section B-21 Code: BV Date Issued/Revised: 2/15/02, 3/6/2012 BOARD COMMITTEES Special or standing committees may be appointed by the president at the discretion of the Board or by a majority vote of the Board. Any special committee appointed by the president or the Board will be discharged when the committee's work is completed or earlier if dissolved by a majority vote of the entire Board. All reports of standing or special committees shall be made directly to the Board as a whole. Code: BW Date Issued/Revised: 2/15/02, 3/6/2012 ADVISORY COMMITTEES The School Board may establish advisory committees as a means of involving citizens and others in making suggestions for the operations of BCSA. The establishment and functioning of advisory committees will be subject to the following requirements: The Board will create the committee and issue its charge, and the committee's duties and responsibilities will be fully outlined when it is appointed. All advisory committees will be temporary. They can be disbanded at any time by the School Board, by majority vote, and shall be disbanded when their reports have been made to the Board. Committee members shall be appointed by the Board. Vacancies will be filled by the Board with the advice of the committee. Persons appointed will be residents and others concerned with public education that is able to give the effort, time, and talents needed for the committee's charge. At the discretion of the School Board, one or more of its members may be appointed to serve on the advisory committee. The School Board may appoint the chairperson, or it may appoint a committee member to serve as chairperson until the committee selects a chairperson from its membership. Meetings will be announced to all committee members and Board members through the office of the Superintendent/Executive Director. Members of the Board, and the Superintendent/Executive Director or a designee, may attend advisory committee meetings. At the conclusion of its assignment, the committee will submit a written report to the Board. Only the School Board as a whole has authority to act on the report. Section B-22 Code: BX Date Issued/Revised: 2/15/02, 3/6/2012 SCHOOL ATTORNEY/LEGAL SERVICES The BCSA School Board may retain an attorney as needed for legal counsel and service in the affairs of the BCSA. The school attorney is authorized to render services as are approved in advance by the Board or the Board's designee - Superintendent/Executive Director. Except in unusual circumstances, all communications between the school attorney and BCSA personnel and Board members shall be directed through the Superintendent/Executive Director or his or her designee or the president of the Board. If inquiries are addressed directly to the school attorney by other BCSA personnel, responses--in writing--shall be channeled through the Superintendent/Executive Director or the president of the School Board. Legal Reference: Ark. Code Ann. Section 6-13-623 Code: BY Date Issued/Revised: 2/15/02, 3/6/2012 BOARD CONSULTANTS/STAFF ASSISTANTS The BCSA School Board may enlist the services of consultants to provide specialized advice or assistance to BCSA concerning educational, legal, management or administrative matters where it is deemed appropriate. When knowledge or technical skills are needed that cannot be provided by school personnel, outside consultant assistance may be considered. Any proposed contracts with outside consultants shall be submitted to the Board for approval, and will be accompanied by figures showing the actual or estimated cost of the consulting project to BCSA. Where appropriate, bids for consulting services will be sought but the Board will have ultimate discretion with respect to selection. Consultants who serve BCSA will exercise no authority over the work of BCSA personnel, but will act only as advisor in the field in which they are qualified to provide assistance. Section B-23 Code: BZ Date Issued/Revised: 2/15/02, 3/6/2012 BOARD MEETINGS - GENERALLY The School Board shall meet in regular monthly session(s) on a day and week designated for the year. All meetings of the BCSA School Board shall be designated by the Board and will be properly publicized in accordance with Arkansas law. All meetings of the School Board shall be open to the public. The order of business of any regular meeting shall include an opportunity for the citizens to address the Board. The Board does not, however, obligate itself to consider any request or proposal unless such request or proposal is submitted in writing to the Superintendent/Executive Director at least 24 hours before the scheduled meeting. This requirement is necessary in order to get the item placed on the Board Meeting Agenda and obtain background information and/or data regarding the item to allow informed consideration of the issues. Legal References: Ark. Code Ann. Section 6-13-619 Ark. Code Ann. Section 25-19-106 Code: BAA Date Issued/Revised: 2/15/02, 3/6/2012 REGULAR BOARD MEETINGS The board will meet in regular session at least once a month and will schedule other official Board meetings and committee meetings as are necessary. Legal Reference: Ark Code Ann 6-13-619 Section B-24 Code: BAB Date Issued/Revised: 2/15/02, 3/6/2012 ADJOURNED BOARD MEETINGS Any legal meeting of the School Board may be adjourned to a specific time and place. Only items on the agenda of the meeting adjourned may be acted upon at the reconvened meeting. The reconvened meeting will begin where the original meeting left off. Code: BAC Date Issued/Revised: 2/15/02, 3/6/2012 SPECIAL BOARD MEETINGS Special meetings of the School Board shall be called by the president or secretary/treasurer or any three (3) members of the Board or when petitioned to do so by a petition in writing signed by at least fifty (50) electors in the BCSA. Except in cases of emergency, each member of the Board must be notified at least twenty-four (24) hours prior to the special meeting as to the time, place, date and purpose of such meeting. Notice of any special meeting shall be given to the news media as soon as is feasible but, at a minimum, at least two (2) hours prior to the time for the meeting to convene. No action shall be taken at any special meeting of the Board which does not come within the purpose or purposes set forth in the call for the meeting. Only business related to the call of the meeting will be considered, except by unanimous consent of the members present. Legal References: Ark. Code Ann. 25-19-106, 6-13-619 Section B-25 Code: BAD Date Issued/Revised: 2/15/02, 3/6/2012 EXECUTIVE SESSIONS Within any regular or special meeting of the School Board, an executive session may be held for the purpose of considering employment, appointment, promotion, disciplining or resignation of any school employee or board member. The only person who may attend executive sessions of the Board are the Superintendent/Executive Director, the employee's immediate supervisor, the employee in question, and any person being interviewed for the position of Superintendent/Executive Director. Neither the BCSA's attorney nor the employee's attorney may attend an executive session. No minutes shall be taken during an executive session of the Board. 1. Employment; 2. Appointment; 3. Promotion; 4. Demotion; 5. Disciplining; or 6. Resignation, of any public officer or employee. 7. Interview candidates for the position of Superintendent/Executive Director only Executive sessions must never be called for the purpose of defeating the purpose or spirit of Arkansas law concerning Open Public Meetings. No resolution, rule, contract, regulation, policy, or motion considered or arrived at in executive session will be legal unless, following the executive session, the School Board reconvenes in public session and presents and votes on the matter. Legal Reference: Ark. Code Ann. Section 25-10-106 Code: BAE Date Issued/Revised: 2/17/97, 3/6/2012 BOARD MEETING PROCEDURES Meetings should be formal enough for the orderly conduct of school business, but at the same time, informal enough to encourage and allow free discussion and to promote group thinking and action. Board members are to refrain from unprofessional conduct such as filibustering on any matter to prevent it from being adequately discussed or voted on, personal attacks upon fellow board members, school personnel, patrons, or any behavior that diminishes the effectiveness of the board to conduct business. In the event should such behavior occur the president of the board may call for a motion to suspend the meeting and to reconvene at a later date. The Board wants to be aware of the problems, concerns, requests and suggestions of the community, but not allow the prolonged discussions of such items to interfere with attention to the affairs of the BCSA. Code: BAF Date Issued/Revised: 2/15/02, 3/6/2012 NOTIFICATION OF BOARD MEETINGS Notification to the General Public: All meetings, regular or special, of the BCSA School Board are open to the public. It is the policy of the Board to announce well in advance whenever practical through the news media, the date, time, and place of all regular and special meetings and the major topics to be discussed (an agenda). All school personnel are also invited to attend Board meetings. Notification to Board Members: Written notice of each regular meeting, with an attached agenda, of the School Board shall be provided electronically to each member at least four (4) days prior to each meeting. Except in the case of an emergency, written notice of all special meetings shall be given to the members of the Board at least twenty-four (24) hours prior to the time stated for the meeting to convene. The written notice shall indicate the date, time, place and purpose(s) for the special meeting. Notification to the News Media: Notice of all meetings shall be given to members of the news media as soon as is feasible and at least two (2) hours prior to the time for the meeting to convene. Notification of regularly scheduled and special called board meetings will be posted on the school’s website (www.bcsa.k12.ar.us). Section B-26 Code: BAG Date Issued/Revised: 2/15/02, 3/6/2012 AGENDAS FOR REGULAR BOARD MEETINGS Order of Business: The order of business at a regular meeting of the BCSA School Board shall be as follows: 1. Call to order 2. Establish quorum/Roll Call 3. Pledge of Allegiance 4. Comments from the Public 5. Consent Agenda 6. New Business 7. Personnel 8. Discussion of items since publication of the agenda 9. Adjournment Agenda Dissemination: No action will be taken on any matter that has not been placed on the formal agenda delivered to Board members in advance of the meeting unless a quorum is present and agrees to consider such matter. The agenda and supporting materials, including pertinent background information and recommendations, shall be prepared by the Superintendent/Executive Director and distributed to members of the Board at least four (4) days prior to the scheduled meeting. Minutes of the previous Board meeting(s) shall also be distributed to the Board members in their meeting packet. Board Member Preparation: Board members shall be expected to read the information provided them, and to contact the Superintendent/Executive Director to request additional information that may be deemed necessary to assist them in their decision-making responsibilities. Section B-27 Code: BAH Date Issued/Revised: 2/15/02, 3/6/2012 QUORUM A majority of the members (4) of the School Board shall constitute a quorum for the transaction of business. A majority of the quorum voting affirmatively shall be required for the passage of any motion or resolution. Legal Reference: Ark. Code Ann. Section 6-13-619 Code: BAI Date Issued: 2/15/02 RULES OF ORDER The BCSA School Board shall observe the rules of parliamentary procedure contained in "Robert's Rules of Order, Revised" except as otherwise provided by Board policy or by Arkansas law in all its deliberations. Code: BAJ Date Issued: 2/15/02 PARLIAMENTARIAN Meetings of the BCSA School Board will be conducted in accordance with Robert's Rules of Order, Revised, and the Board president shall function as the parliamentarian for resolving any questions related to the rules of order in any meeting. The School Board, however, will not be precluded from pursuing deliberations in an atmosphere of free exchange of information and debate and will not be bound to adhere to the rules of order whenever more informal deliberations may be determined warranted by the Board president or the Board. Section B-28 Code: BAK Date Issued/Revised: 2/15/02, 3/6/2012 SUSPENSION OF RULES OF ORDER In accordance with Robert's Rules of Order, the School Board may temporarily suspend or waive parliamentary rules of order by a two-thirds (2/3) vote of the members present at the meeting. Code: BAL Date Issued: 2/15/02 VOTING METHOD AT BOARD MEETINGS At meetings of the Board, votes on motions and resolutions will be conducted by the employment of "in favor of" and "against" or "abstention." Any member who abstains from voting shall be counted as having voted against the motion or resolution. A majority of a quorum voting affirmatively shall be required for the passage of any motion or resolution. If a Board member announces a conflict of interest with regard to the issue under consideration, the member may leave the meeting until the voting on the issue is concluded, and the member who abstains from voting thereby shall not be counted as having voted. Legal Reference: Ark. Code Ann. Section 6-13-619 Code: BAM Date Issued/Revised: 2/15/02, 3/6/2012 MINUTES OF BOARD MEETINGS Minutes of meetings of the School Board should be kept by the Superintendent/Executive Director or his/her designee. The minutes shall include a record of all actions taken by the Board and resolutions and motions in full and the names of members making and seconding them. Reports and documents relating to a normal motion may be omitted if they are referred to and identified by title and date. The minutes of the previous meeting(s) shall be considered and approved by the Board at the next regular meeting. Upon approval, they constitute legal binding action and policy procedure. The minutes shall become a permanent record of the Board, shall be signed by the Board's secretary, and shall be kept in the BCSA Central Office. Legal Reference: Ark. Code Ann. Section 6-13-619 Section B-29 Code: BAN Date Issued/Revised: 2/15/02, 3/6/2012 SCHOOL BOARD RECORDS All School Board records, except those enumerated by Arkansas law, shall be open for inspection and copying by the public during the regular business hours of the BCSA's central administrative office. Citizens wishing to copy Board records will be charged a nominal fee necessary to cover the cost of copying. If Board records are in active use or storage and, therefore, not available at the time a citizen makes a request, a written verification of this fact shall be given to the requestor. The notice shall state a date and time within three (3) working days when the records will be made available. Minutes and monthly financial reports are posted on the school’s website (www.bcsa.k12.ar.us) and are available for public viewing. Legal Reference: Ark. Code Ann. Section 25-19-105 Code: BAO Date Issued/Revised: 2/15/02, 3/6/2012 PUBLIC PARTICIPATION AT BOARD MEETINGS GENERALLY The Board desires citizens to attend School Board meetings so they may become better acquainted with the operation and programs of the schools, and so the Board may have an opportunity to hear the concerns and suggestions of the public. Citizens who wish to place a specific matter on the agenda must make a written request to the Superintendent/Executive Director at least 24 hours prior to the scheduled meeting. This shall come under the heading of Comments from the Public on the agenda. The president of the School Board will inform the audience of the procedures to be observed in addressing the Board. Code: BAP Date Issued/Revised: 2/15/02, 3/6/2012 PUBLIC PARTICIPATION AT BOARD MEETINGS - GUIDELINES Education is a cooperative undertaking between the school and the community, and a successful educational program can be developed only when there is understanding and open communication. Citizens of the BCSA must recognize that all regular and special meetings of the School Board are held in public but are not public meetings. The Board must adhere to its published agenda in order to effectively conduct the business of BCSA. However, to accommodate the needs of BCSA's patrons, the BCSA School Board allots in each of its regularly scheduled meetings up to one-half (1/2) hour for citizens' participation. Citizens are encouraged to refer school-related problems to appropriate school personnel rather than initiate those during School Board meetings. If problems or concerns have not been resolved through the administrative process, a citizen should be allowed an opportunity to address the Board. The president or presiding officer of the Board will make every effort to recognize, in the order in which they seek recognition, citizens who wish to address the Board. Speakers are to give their names, and are to indicate whether they are speaking as an individual or representing an organization. The major purpose of citizens' participation is for the Board to hear citizens' views on ways to improve the educational programs and processes of BCSA. Citizens should recognize that personnel matters are not appropriate topics to be discussed at regular Board meetings. Decorum requires that such matters be entertained in executive session in order to protect the legal rights of all parties involved. Members of the public speaking as individuals or organizations will be allotted five (5) minutes. If time does not permit all those wishing to speak to do so, a sign-up sheet will be available for those persons to register so that they can be recognized first at the next regularly-scheduled meeting. The intent of these guidelines is to allow a fair and adequate opportunity to be heard, to allow the Superintendent/Executive Director to take action when policies have been established by the Board on the subject of the request, to provide adequate time for the Board to obtain necessary information concerning the subject, and to see that time so devoted to the discussion does not interfere with the fulfillment of the scheduled agenda of the Board. Section B-30 Code: BAQ Date Issued/Revised: 2/15/02, 3/6/2012 NEWS MEDIA The School Board believes that one of it's paramount responsibilities is to keep the public informed of its actions. Consequently, the local news media is welcome to attend all regular and special meetings of the School Board with the exception of executive sessions. 1. A copy of the agenda will be sent in advance to members of the news media who request it. Additionally, all reports approved by the Board shall be considered matters of official record and shall be made available to the press. However, reports-in-progress on which the Board has taken no final action shall be released only upon the Board's authority as "tentative reports", except that unofficial minutes of Board meetings may be released by the Superintendent/Executive Director or his/her designee as soon as practical. 2. In order that the Board may transact its business in an efficient manner, questions from the news media will not be entertained while meetings are in progress. However, a representative of the Board will be available after each meeting to answer reporters' questions and to clarify points of discussion and action. The Board President shall be the official public spokesperson for the School Board except for circumstances when this responsibility is delegated to another Board member or school official. 3. In the event that representatives of the news media are unable to attend meeting, they shall be provided upon request a summary of Board actions. Section B-31 Code: BAR Date Issued/Revised: 2/15/02, 3/6/2012 BROADCASTING AND TAPING OF BOARD MEETINGS Photographic and electronic audio and video broadcasting and recording devices may be used at regular and special School Board meetings legally open to the public. Code: BAS Date Issued/Revised: 2/15/02, 3/6/2012 SCHOOL BOARD WORK SESSIONS AND RETREATS The BCSA School Board will conduct work sessions and retreats from time-to-time in order to informally discuss in detail proposed policies, program changes or other items of concern requiring in-depth examination. Any scheduled work sessions or retreats will be open to the public. Formal action by the Board may not be taken at such sessions or retreats. Section B-32 Code: BAT Date Issued/Revised: 2/15/02, 3/6/2012 BOARD POLICY PROCESS The BCSA School Board should adopt clearly defined written policies based on a thorough understanding of the impact any policy will have on the educational processes of the BCSA. In formulating policies, the Board should consult those individuals or groups to be affected by the policies: Staff Involvement in Policy Development It shall be the stated policy of the School Board to encourage employee participation in the policy-making process of BCSA. The Superintendent/Executive Director is authorized to establish such committees as necessary to study and recommend policies for the efficient and effective operation of BCSA. Citizen Involvement in Policy Development The School Board solicits the advice and counsel of citizens in formulating policies for the operation of the BCSA. When developing or revising policies of particular concern to the public, the Board may establish a citizen's committee to offer advice and suggestions. Such committees shall be established in accordance with the Board's policy on advisory committees (see BDF). Additionally, any citizen of BCSA may recommend policies to the Board. Such policies or policy revisions shall be referred in writing to the Superintendent/Executive Director for administrative study and review prior to Board consideration and action. Student Involvement in Policy Development Most students desire greater input in the decisions which affect them, and their efforts are welcomed by the School Board. The Board views student participation in school affairs as an extension of the educational process. As a result, the Board encourages students to participate through planned programs and procedures in the governance of BCSA and in curriculum evaluation. As citizens of BCSA, students have the right to acquire an education appropriate to their needs and potential, and they have the responsibility to assist in developing regulations for student conduct which provides for a learning climate conducive to the accomplishment of the educational mission of BCSA. By participating more actively, students can be a resource to the improvement of their school and to desirable communication. School Attorney, Superintendent/Executive Director, and Board Involvement in Policy Development The Superintendent/Executive Director, as the chief policy draft writer for the Board, shall seek legal counsel when, in his or her opinion or the Board's, there may be a question of legality or proper legal procedure in the development of a proposed Board policy. The Superintendent/Executive Director (or his or her designee) shall be responsible for recasting Board consensus about policy recommendation into acceptable written form for further deliberation and/or action by the School Board. The BCSA School Board recognizes that changing conditions often necessitates change. The Board shall periodically review its policies to reflect changing conditions and legal requirements. The Board recognizes that while it is a policy-making body, the execution of policy is properly delegated to the Superintendent/Executive Director and his or her professional staff. The formulation and adoption of written policies shall constitute the basic method by which the Board shall exercise its leadership in the operation of BCSA. The study and evaluation of reports concerning the execution of its written policies shall constitute the basic method by which the Board shall exercise its control over the operation of BCSA. The formal adoption of policies shall be recorded in the minutes of the Board. Only those written statements so adopted and so recorded shall be regarded as official School Board policy. Section B-33 Code: BAU Date Issued/Revised: 2/15/02, 3/6/2012 BOARD POLICY DEVELOPMENT SYSTEM The BCSA School Board adopts the policy development codification and dissemination system developed and recommended by the National School Boards Association referred to as the "NEPN/NSBA Policy Development System." Code: BAV Date Issued/Revised: 2/15/ 02, 3/6/2012 POLICY ADOPTION Policies recommended to the School Board shall not be adopted until the next regularly scheduled Board meeting subsequent to their initial introduction. The time lapse will permit further study by Board members and allow for patron input. Any changes or additions to the personnel policies may take effect before the next fiscal year only if the changes or additions are approved by the Board and will take effect July 1 of the next school year. All certified teachers and administrators shall be furnished a copy of any new policies or amendments to existing policies dealing with personnel within thirty (30) days after approval by the School Board as specified by Arkansas law. Legal References: Ark. Code Ann. Section 6-17-204 Ark. Code Ann. Section 6-17-205 Ark. Code Ann. Section 6-17-206 Section B-34 Code: BAW Date Issued/Revised: 2/15/02, 3/6/2012 POLICY REVISION AND REVIEW The process of appraisal of existing written policies shall be continuous, and items may be included on the agenda at any time at the suggestion of individual Board members or the Superintendent/Executive Director (or his or her designee). The BCSA School Board shall meet as a committee on an as needed basis to appraise existing Board policies. Code: BAX Date Issued/Revised: 2/15/02, 3/6/2012 BOARD REVIEW OF ADMINISTRATIVE POLICY GUIDELINES The Superintendent/Executive Director shall prepare and disseminate any administrative guidelines necessary to implement School Board policy, and shall review such guidelines periodically to determine their effectiveness in carrying out official Board policy. The School Board shall retain the prerogative to review any and all administrative guidelines and may suggest or direct that certain guidelines be added, modified, or deleted. Code: BAY Date Issued/Revised: 2/15/02, 3/6/2012 POLICY COMMUNICATION AND FEEDBACK The Superintendent/Executive Director is directed to establish and maintain an orderly plan for preserving and making accessible the policies adopted by the School Board and the administrative guidelines and regulations needed to put them into effect. Accessibility is to extend to all BCSA personnel, to members of the Board, and insofar as is conveniently possible to all persons in BCSA. The Superintendent/Executive Director is also responsible to ensure that all policies adopted by the Board are disseminated to BCSA personnel, citizens, and the news media as required by Arkansas law. Section B-35 Code: BAZ Date Issued/Revised: 2/15/02, 3/6/2012 BOARD COMMUNICATIONS - GENERALLY Significant communications from personnel, students, parents, citizens, and other individuals or organizations to individual School Board members or to the Board as a whole, are to be conveyed to the Superintendent/Executive Director for dissemination to the entire Board with materials for the next appropriate meeting. Board meeting agendas may list for consideration communications received by the Board from the public. The listing for consideration will not include anonymous letters addressed to the Board as those will be to the Board for information only. Communications to individual Board members requesting action or a statement of view may be acknowledged. It is recommended that an answer which commits the Board member should be avoided until the full Board has reviewed the issue. Statements of a Board member's opinion to any citizen will be clearly identified as an individual opinion which does not necessarily reflect the views of the entire Board. Communications inviting all the members of the School Board to attend meetings and functions should be answered by the Board Secretary/Treasurer, to whom the individual Board members should convey their responses. Code: BBA Date Issued/Revised: 2/15/02, 3/6/2012 BOARD COMMUNICATIONS WITH BCSA PERSONNEL The School Board desires to maintain open channels of communication between itself and BCSA personnel. The basic lines of communication will, however, be through the Superintendent/Executive Director. BCSA Personnel Communication to the Board All communications or reports to the Board or any Board committee from principals, teachers, or other staff members shall be submitted through the Superintendent/Executive Director. This necessary procedure will not be construed as denying the right of any employee to appeal to the Board from administrative decisions on important matters, provided the Superintendent/Executive Director shall have been notified of the forthcoming appeal and that it is processed in accordance with Board policy or state law. BCSA personnel are also reminded that Board meetings are public meetings and provide an excellent opportunity to observe first hand the Board's deliberations on items of concern and to participate as provided by Board policy. Board Communications to BCSA Personnel All official communications, policies, and directives of employee interest and concerns will be communicated to BCSA personnel through the Superintendent/Executive Director. The Superintendent/Executive Director shall employ such means as are appropriate to keep BCSA personnel informed of the Board's actions and concerns. Visits to School Individual Board members interested in visiting school or classrooms will make arrangements for visitations through the Superintendent/Executive Director. Such visits will be regarded as informal expressions of interest in school affairs and not as "inspections" or visits for supervisory or administrative purposes. Official visits by Board members will be carried on only under Board authorization and with the full knowledge of BCSA personnel, including the Superintendent/Executive Director and building principals. Social Interaction BCSA personnel and Board members share a keen interest in the school and education generally, and it is expected that when they meet at social affairs and other functions, they will informally discuss such matters as educational trends, issues, and innovations and general BCSA problems. However, BCSA personnel are reminded that individual Board members have no special authority except when they are convened at a legal meeting of the School Board or vested with special authority by Board action. Section B-36 Code: BBB Date Issued/Revised: 2/15/02, 3/6/2012 NEW BOARD MEMBER ORIENTATION AND TRAINING Orientation of New Board Members Each new member of the School Board will be afforded every opportunity to become oriented to the functions and responsibilities entailed by election to the Board. It will be the duty of the Superintendent/Executive Director and the administrative staff to assist each new member-elect to understand the Board's functions, policies, procedures, and operation of the BCSA before he or she takes office. At a minimum, the following procedures will be employed. The new electee will be given selected materials on the functions of the School Board and of the school; The incoming member will be invited to meet the Superintendent/Executive Director and his or her administrative staff and to discuss the services they provide for the Board; and A copy of the School Board's policies will be provided each new member of the Board. Required Training Newly elected Board members will complete the legally mandated minimum of nine (9) hours of training and instruction in Arkansas school law and in the laws governing the powers, duties, and responsibilities of school boards no later than December 31 of the year following their election to the board. Example: A newly elected board member who takes office on the BCSA board on July 1, 2012 must complete nine (9) hours of state approved training by December 31 of 2013. Returning board members must complete six (6) approved hours during the calendar year January 1 – December 31 each year. Legal Reference: Ark. Code Ann. Section 6-13-629 Section B-37 Code: BBC Date Issued/Revised: 2/17/97, 3/6/2012 BOARD MEMBER DEVELOPMENT ACTIVITIES Board members are encouraged to participate in the activities of the Arkansas School Boards Association and the National School Boards Association. Members of the BCSA School Board should strive to become well informed in order to effectively perform their duties. Code: BBD Date Issued/Revised: 2/17/97, 3/6/2012 BOARD MEMBER FACILITIES AND SERVICES For purposes of records storage, study, meeting preparation, and other related needs, space will be made available at the administrative central offices for the use of School Board members. In addition to all official Board correspondence and reports being provided through the office of the Superintendent/Executive Director, clerical services will be made available to Board members upon request for school related matters. Administrative assistance also will be available to Board members. All such services and assistance will be coordinated by the Superintendent/Executive Director. Section B-38 Code: BBE Date Issued/Revised: 2/17/97, 3/6/2012 BOARD MEMBER COMPENSATION AND EXPENSES No member of the BCSA School Board shall receive compensation for his or her services as a member or as an officer of the Board. Board members may receive reimbursement for expenses incurred while conducting official business, if so authorized by the School Board as a whole. This reimbursement will be provided under the per diem guidelines set by BCSA. Section B-39 Code: BBF Date Issued/Revised: 2/17/97, 3/6/2012 ANNUAL BOARD SELF-EXAMINATION Annually the BCSA School Board will plan for and carry through an appraisal of its functioning as a Board. This appraisal may be based on a broad set of criteria. The appraisal plan will be developed by the Board President and an ad hoc committee appointed by the Board as a whole, working with the Superintendent/Executive Director. Such appraisal instruments may be used as the Board considers desirable. Upon Board approval, an outside consultant may develop and lead the appraisal session or sessions. Code: BBG Date Issued/Revised: 2/17/97, 3/6/2012 SCHOOL BOARD MEMBERSHIPS The BCSA School Board will maintain memberships in the national and/or state school board associations and take an active part in the activities of these groups. It may also maintain institutional memberships in other educational organizations which the Superintendent/Executive Director and the Board find to be of benefit to Board members and BCSA personnel. CHAPTER C General School Administration Policy Code Policy Topic/Subject Section CA General Administration Goals and Objectives............................ C-2 CB Administrator CC School Administrator Qualifications........................................ C-3 CD Recruitment of Administrator ................................................ C-4 CE Administrator Powers, Duties and Responsibilities.................... C-4 CF Administrator Administrative Procedures................................. C-6 CG Administrator's Contract....................................................... C-7 CH Administrator's Salary, Compensation, and Benefits.................. C-8 CI Administrator's Conduct...................................................... C-8 CJ Administrator's Professional Development Opportunities............ C-9 CK Administrator's Consulting Activities........................................ C-9 CL Evaluation of the Administrator............................................. C-9 CM Line and Staff Relationship-BCSA......................................... C-11 CN Line and Staff Relationship-Central Office Administrators........... C-12 CO Line and Staff Relationship-Administrator/Principals.................. C-13 CP Administrator.................................................................... C-14 Generally.................................................... C-2 CQ Administrative Personnel - Generally ..................................... C-14 CR Administrative Personnel - Selection and Terms of Employment.. C-15 CS Administrative Personnel - Selection Criteria............................ C-16 CT Administrative Personnel - Assignment and Transfer................. C-16 CU Administrative Personnel Evaluation.................................... C-17 CV Administrative Personnel Retirement................................... C-17 CW Administrative Personnel - Health Examination......................... C-18 CX Administrative Personnel - Time Schedules............................. C-18 CY Administrative Personnel CZ Development of Regulations................................................ CAA School Board Review of Regulations..................................... CAB Communication of Regulations............................................. C-19 CAC Handbooks and Directives................................................... C-19 CAD Administrative Consultants................................................... C-20 Expenses.................................... C-18 C-18 C-19 Section C-2 Code: CA Date Issued: 2/15/02 GENERAL ADMINISTRATION GOALS AND OBJECTIVES The administration of the BCSA responsible, within the guidelines established by School Board policy, for the direction and coordination of students and staff in their efforts to reach the educational goals and objectives adopted by the Board. Administration must be based upon positive human relationships in order to serve as the foundation for the effective operation of the entire educational system. Without such a base, the BCSA will lack that uniting force which makes everybody in the organization feel important regardless of the tasks or duties which he or she is assigned. The BCSA School Board expects the administration to demonstrate expertise in: The processes of empowerment, teamwork, decision making, and communication. Planning, organizing, implementing, monitoring, and evaluating educational programs. The effective coordination of resources within the school and the community so as to enable people to do things together for education that they might never be able to do separately. The demonstration of leadership. The development and maintenance of close working relationships and channels of communication within the school and community. The development of a climate of cooperation toward attaining the educational goals and objectives set by the Board. Code: CB Date Issued: 3-10-97 ADMINISTRATOR - GENERALLY It will be the policy of the BCSA School Board that the Board delegates its executive powers to the administrator so that he or she has the necessary flexibility to effectively manage and lead the BCSA according to the provisions of Board policy, federal, and state law. The School Board reserves to itself the ultimate decision on all matters concerning policy, expenditure of funds, and those matters specified as the responsibility of the Board as enumerated by federal or state law. Section C-3 Code: CC Date Issued: 3-10-97 SCHOOL ADMINISTRATOR - QUALIFICATIONS To be eligible for the position of administrator a person must possess those qualifications set forth by the Arkansas Department of Education and the North Central Association of Colleges and Schools. The Board considers these to be minimum standards and shall seek to employ a person who exceeds these requirements whenever possible. The North Central Association of Colleges and Schools for Administrator are as follows: have earned at least 60 hours of graduate credit, inclusive of the masters degree; no less than 30 semester hours of graduate credit shall have been in administration, supervision, and related fields; a minimum of four years of professional experience. The Administrator must live in the BCSA or be willing to relocate to the BCSA. In addition to the minimum requirements as set forth by the state and the North Central Association of Colleges and Schools, the Administrator shall possess the following qualifications: Have good character and unquestionable morals and integrity. Have the ability to think clearly and independently and exercise good judgment. Have the capability to accept responsibility and to make decisions. Demonstrate effective and efficient educational and business leadership. Have the ability to select and develop capable school personnel. Have knowledge, skills, and understandings of the purposes and processes of public education. Demonstrate the ability to effectively communicate with others. Have a disposition that lends itself to cooperation with school personnel, community groups, and citizens of the BCSA. Section C-4 Code: CD Date Issued: 2/15/02 RECRUITMENT OF ADMINISTRATOR To provide the most capable leadership available for the BCSA, the School Board will engage in a search for applicants for the position of administrator. The services of consultants may be engaged to assist in screening candidates to be interviewed by the Board. In seeking candidates for the position of administrator, the Board may ask for assistance from the Arkansas Department of Education and the state universities. Code: CE Date Issued: 3-10-97 ADMINISTRATOR POWERS, DUTIES AND RESPONSIBILITIES The administrator is the chief executive officer of the BCSA and is the administrative head of all divisions and departments of the BCSA. The Administrator shall provide the leadership necessary to develop and maintain the best possible educational programs and services. The Administrator shall supervise, either directly or indirectly, all employees of the BCSA and shall report to the School Board. The Administrator's specific responsibilities shall be as follows: 1. Attend and participate in all meetings of the Board and its committees, except when his or her own employment or salary is under consideration. 2. Prepare and submit to the Board recommendations relative to all matters requiring Board action, placing before the Board such necessary and helpful facts, information and reports as are needed to insure the making of informed decisions. 3. Report to the Board such matters as deemed necessary to the understanding and proper management of the school, or as the Board may request. 4. Maintain a set of written policies and procedures for the guidance of the school and advise the Board on the need for new and/or revised policies. 5. Interpret for the staff and cause to be implemented all Board policies and all federal and state laws relevant to public education. 6. Submit to the Board a clear and detailed explanation of any proposed procedure that would involve either departure from established policy or the expenditure of substantial sums. 7. Assume responsibility for the overall financial planning of the BCSA and for preparation of the annual budget recommendation, and submit it to the Board for review and approval. 8. Establish and maintain efficient procedures and effective controls for all expenditures of school funds in accordance with the adopted budget, subject to direction and approval of the Board. 9. Define educational needs and formulate policies and plans for recommendation to the Board. 10. Secure and recommend for employment the best qualified and most competent personnel. 11. Assign, transfer, and define the duties of all personnel as the interest of the BCSA may dictate, and report such action to the Board for information and record. 12. Temporarily suspend or place on probation, as provided by law, any employee for just cause, and report such action to the Board. 13. Recommend to the Board for final action the promotion, salary changes, demotion, or dismissal of any employee. 14. Summon employees of the BCSA to attend such regular and special meetings as are necessary to carry out the educational program of the BCSA. 15. Serve as the medium for all communication with the Board from all school employees. 16. Delegate at own discretion to school personnel the exercise of any duties and authority with the knowledge that such does not relieve the Administrator of final responsibility for the action taken under such delegation. 17. Accepts responsibility for the general efficiency of the school, for the development of the school staff, and for the educational growth and welfare of the students. 18. Make decisions, rules and give such instructions to school employees, as may be necessary to make the policies and regulations of the Board effective in the management of the school, and in all matters not covered by these regulations, to act in his or her discretion if action is necessary, but to report such action to the Board for its information and approval. 19. Represent the Board as liaison between the school and the community. 20. Establish and maintain a program of school-community relations designed to keep the public well informed of the activities, needs, problems and achievements of the school, thus effecting a wholesome and cooperative working relationship between the school and community. 21. Develop and implement strategies that are designed to effect wholesome and cooperative working relationships among and between all school employees. 22. Keep abreast of the latest educational trends by advanced study, by visiting school systems elsewhere, by attending educational conventions and conferences, and by other appropriate means. 23. Recommend to the Board for its adoption all courses of study, curriculum guides, and major changes in texts and time schedules to be used in the school. 24. Make recommendations with reference to the location and size of new school sites and additions to existing sites; the location and size of new buildings or school sites, the plans for new school buildings, all appropriations for sites and buildings; and improvements, alterations and changes in buildings and equipment of the BCSA. 25. Serve as the Board's ex-officio financial secretary and as an ex-officio member of all Board committees. 26. Assume responsibility for the use and care of all school buildings, grounds, vehicles, and property. 27. Abide by the Code of Ethics for School Administrators, and statement of School Board expectations of the Administrator. 28. Perform other tasks as assigned by the Board. Section C-6 Code: CF Date Issued: 2/15/02 ADMINISTRATOR - ADMINISTRATIVE PROCEDURES Administrator Roles The operation of the schools in all its aspects shall be under the direct administration of the administrator operating in a ministerial capacity with respect to legislation passed by state agencies or by the School Board, and in an executive capacity with respect to policies agreed upon by the Board. The administrator, after consultation with interested persons, shall present to the Board a plan for the administration of the school setting out clearly the methods of procedures to be used in the formulation of the budget; for requisitions, ordering of an payment of supplies, equipment, and special services; for the operation of physical plant; the selection of teachers; for the operation of the supervisory program; for the transportation of pupils; for internal administrative methods; for methods of handling suggestions and complaints from the public; for plans for promotion; for standards of achievement; for extra curricular activities, and the handling of funds connected therewith; for health services; for reports to parents; for courses of study and curricula; for school discipline; for educational and financial accounting and inventories of fiscal properties; for school attendance; for rules governing absence of employees; for publications; and for such other areas as he or she may choose, with approval of the School Board, or as the School Board may from time to time designate. Information to the Board The administrator shall keep the School Board informed with respect to the operation of the various plans adopted as Board policy so that members of the Board may be fully aware of their effect upon the school. All such plans shall be subject to modification upon recommendation by the Administrator to the School Board or by direct action of the Board at any meeting. The administrator or any member of the Board, at any time, may propose that all or part of a plan for the administration of any of the above phases or work of the school may be made a matter of Board regulation, and such proposal shall be considered in the regular manner established for the enactment of rules and regulations. Decisions If any administrative problem arises within the school, and it is not covered by previously adopted administrative procedures, the Administrator shall have the power to act, but his or her decisions shall be subject to review by action of the Board at its next regular meeting. Section C-7 Code: CG Date Issued: 3-10-97 ADMINISTRATOR'S CONTRACT The appointment of the administrator will be secured through an explicit written contractual agreement, which will state the terms of the contract, compensation and other benefits, and other conditions of employment. The contract will meet all state requirements and will protect the rights of both the School Board and the Administrator. The BCSA School Board shall appoint the administrator for a term not to exceed three years. The contract shall be reviewed annually at the February meeting of the Board and may be renewed. If at any time, in the opinion of the majority of the Board, the Administrator's services are deemed unsatisfactory, he or she shall be notified in writing and given an opportunity to correct the conditions. If the unsatisfactory conditions are not appropriately corrected, the Administrator shall be given notice in writing at least three months before expiration of his or her contract that the Administrator's services will not be retained. Legal Reference: Ark. Code Ann. Section 6-17-301 Section C-8 Code: CH Date Issued: 3-10-97 ADMINISTRATOR'S SALARY, COMPENSATION AND BENEFITS The Administrator's salary, compensation, and benefits shall be established by the School Board at the time of contract issuance or renewal. Code: CI Date Issued: 3-10-97 ADMINISTRATOR'S CONDUCT The Administrator is expected to be ethical in all his or her dealings and will observe established professional rules of conduct and shall not: Disclose or use confidential information acquired in the course of employment to further substantially his or her personal financial interests. Accept a gift of substantial value or substantial economic benefit tantamount to a gift of substantial value which would tend to improperly influence a reasonable person in his or her position or which he or she knows or should know is primarily for the purpose of rewarding the Administrator for action taken in which he or she exercised discretionary authority. Engage in a substantial financial transaction for the Administrator's private business with a person he or she supervises. Perform any action in which he or she has discretionary authority which directly and substantially confers an economic benefit on a business or other undertaking which the Administrator has a substantial financial interest or in which he or she is engaged as a counsel, consultant, representative, or agent. It is permissible for the administrator to receive: An occasional non-pecuniary gift which is insignificant in value. A non-pecuniary award publicly presented by a nonprofit organization in recognition of public service. Payment or reimbursement for actual and necessary expenditures for travel and subsistence for attendance at a convention or other meeting at which the Administrator is scheduled to participate. Reimbursement for or acceptance of an opportunity to participate in a social function or meeting which is not extraordinary when viewed in light of the Administrator's position. Items of perishable or nonperishable value including but not limited to meals, lodging, travel expenses, or tickets to sporting, recreational, educational, or cultural events. Payment for speeches, debates, or other public events reported as honorariums. Section C-9 Code: CJ Date Issued: 3-10-97 ADMINISTRATOR'S PROFESSIONAL DEVELOPMENT OPPORTUNITIES The BCSA School Board encourages the Administrator to make every effort to stay abreast of educational trends and to seize opportunities for exploring new ideas and programs that may be used to advantage the BCSA. The Board may approve the payment of the Administrator's expenses for attending local, state, and national workshops, conferences, and conventions. Code: CK Date Issued: 3-10-97 ADMINISTRATOR'S CONSULTING ACTIVITIES The administrator will devote his or her full-time, skills, labor, and attention to the direction and supervision of the BCSA, and will not, during the term of employment, be engaged in any other business. By agreement with a majority of the members of the Board, however, the Administrator may undertake for remuneration consultative work, speaking engagements, writing, lecturing, membership and office in educational and civic organizations, or other professional duties and obligations. Code: CL Date Issued: 2/15/02 EVALUATION OF THE ADMINISTRATOR An important responsibility of the School Board is the evaluation of the administrator and its obligation to supervise and oversee his or her job performance. This annual performance appraisal serves a number of purposes: The Board discharges its responsibility to insure the effective performance of the Administrator; A determination is made as to what the School Board expects the Administrator and his or her staff to accomplish; The respective roles of the Board and the Administrator are clarified; Problem areas are identified with respect to the Administrator's performance and BCSA needs, and methods of improvement are suggested; Particular strengths of the Administrator's leadership should be noted; Effective communication between the Board and the Administrator is facilitated; Accountability of the school to students, parents, teachers, administrators and citizens is fostered. To effectively accomplish their responsibility of evaluation, the Board will at least annually: Conduct a formal evaluation of the Administrator's performance. Use a written appraisal form or forms as adopted and amended from time to time by the School Board. Meet in executive session to review and assess the Administrator's performance and to discuss the formal evaluation process. After such session, the Board will meet with the Administrator and share its comments and if necessary, an action plan will be formalized, and goals for improvement established. Issue a written summary evaluation report to the Administrator that cites meritorious as well as deficient performance and confirms the establishment of an action plan and formulation of goals for improvement. Maintain and update a comprehensive position description for the job of Administrator. Section C-11 Code: CM Date Issued: 2/15/02 LINE AND STAFF RELATIONSHIPS School Board Administrator Executive Secondary Elementary Director Program Program Business Director Principals Executive Director Director Personnel Assistant Administrators Certified Staff Classified Staff Director of Technology Section C-12 Code: CN Date Issued: 2/15/02 LINE AND STAFF RELATIONSHIP-EXECUTIVE DIRECTORS Section C-13 Code: CO Date Issued: 2/15/02 LINE AND STAFF RELATIONSHIP-ADMINISTRATOR Administrator TEACHERS COUNSELOR LIBRARIAN TEACHER SECRETARY LIBRARY ASST. AIDE OFFICE STAFF HEAD CUSTODIAN CUSTODIAN Section C-14 Code: CP Date Issued: 2/15/02 ADMINISTRATORS Within the limits of Arkansas law, School Board policy, and directives from the Administrator, the administrator will be the administrative authority of his or her assigned school. The administrator is responsible for a thorough knowledge of all laws, regulations, and instructions governing the position. The administrator will coordinate all administrative and supervisory activities which occur in the building. The administrator will be responsible for the coordination of the work of assistant administrators, teachers, and all building staff. The administrator will be responsible for the administration of school policies in his or her school and for making available to building staff a knowledge of such regulations as they are enacted by the School Board or formulated by the school Central Administration. The administrator is responsible for the detailed organization of the school, the assignment of duties of staff members within the school, and the administration of the instructional program. The administrator will handle all complaints from patrons or parents which affect the school, investigate the same, and refer to the central administration all cases which cannot be adjusted satisfactorily. The administrator is responsible for the efficiency and effectiveness of teachers and other staff members within the building and will evaluate them in accordance with established BCSA procedures. The administrator will have the power to suspend students temporarily and make recommendations for reassignment, long-term suspension or expulsion. The administrator may assign this responsibility to the assistant administrator(s). The administrator will work closely with central office personnel to enforce the requirements of the Arkansas compulsory attendance laws. Code: CQ Date Issued: 2/15/02 ADMINISTRATIVE PERSONNEL - GENERALLY This section contains personnel policies and regulations which relate only to administrators who report directly to the Administrator and any other administrators who are directly responsible for the formal supervision and formal evaluation of staff members, and includes assistant administrators and other administrators up to executive directors. It excludes policies relating to coordinators, consultants, specialists, directors, and staff members with other titles who are responsible for the coordination and supervision of programs, in contrast to employees. Other personnel policies can be found in the following sections: Those relating to all BCSA personnel - GA and GB. Those relating to all professional (certified personnel) - GC. Those relating to all support/classified staff (non-certified personnel) - GD. Section C-15 Code: CR Date Issued: 2/15/02 ADMINISTRATIVE PERSONNEL - SELECTION AND TERMS OF EMPLOYMENT Selection Selection of administrative personnel shall be by nomination of the administrator. Administrative salaries and other benefits are based on a salary schedule adopted in March of each year by the Board of education. Renewal In conformity with Arkansas law, administrative personnel, except for the Administrator and any assistant Administrators, are automatically re-employed unless they are notified by May 1, by the Administrator that their contract will not be renewed. All offers to renew annual contracts shall expire if not accepted in writing and returned to the central administration office within ten days of issuance. Administrative personnel are eligible for coverage under the state Workmen's Compensation Plan. Terms of Employment All terms of employment are determined at hiring or renewal pursuant to Arkansas law. Legal References: 301 6-17-302 Section 6-17-1401 et seq. Section 6-17-1502 Ark. Code Ark. Code Ann. Section 6-17-1506 Ann. Section 6-17Ark. Code Ann. Section Ark. Code Ann. Ark. Code Ann. Section C-16 Code: CS Date Issued: 2/15/02 ADMINISTRATIVE PERSONNEL - SELECTION CRITERIA Administrative personnel shall be hired by the School Board after consideration of the recommendation by the Administrator. Selection shall be based on the following general criteria: 1. Appropriate certification. 2. Personal interview. 3. Quality of credentials. 4. Experience and past performance. 5. Knowledge of and insight into issues involving public education. 6. Health qualifications. 7. Potential contribution to the school. Legal References: 401 6-17-402 Ark. Code Ann. Section 6-17Ark. Code Ann. Section Ark. Code Ann. Section 6-17-410 Code: CT Date Issued: 2/15/02 ADMINISTRATIVE PERSONNEL - ASSIGNMENT AND TRANSFER Appropriate placement and transfer practices for school administrators should enhance effective utilization of skills and abilities and the professional growth of individuals. These objectives can best be achieved through the provision of some variety of administrative assignment over a period of years, and the best possible matching of known administrator strengths to identified current needs of the BCSA. The School Board delegates the authority to the administrator for the effective assignment and transfer of school administrators in the BCSA. In making decisions on assignments, the Administrator will give consideration to: The needs of the BCSA as perceived by the Board and central administration; Length of current assignment in the BCSA; The administrator's expressed preferences; The administrator's professional experience and compatibility of leadership style to the proposed assignment; Opportunities provided for professional growth in the proposed assignment. Legal Reference: Ark. Code Ann. Section 6-17-303 Section C-17 Code: CU Date Issued: 2/15/02 ADMINISTRATIVE PERSONNEL - EVALUATION In developing and/or revising the program of evaluation, the administrative staff should be consulted. The purpose of evaluation is to identify strengths and weaknesses of individual administrators, to assist in providing a program of improvement, and to provide a basis for recommending their reemployment, probationary status, or termination. The evaluation shall be conducted prior to contract renewal by the Administrator and according to the provisions of Arkansas law. All staff will be given the opportunity to critique administrative personnel using a narrative critique form which will be available in all buildings during the first week of April. The purpose of the critique is to address strengths, needs and suggestions for growth. The form should be completed in ten (10) working days. One copy will be forwarded to the administrator being critiqued. Administrative personnel will maintain a file of the narrative critiques which will be available to the Administrator. The staff member doing the critique may keep a confidential copy. Administrative personnel may request a post conference with any employee who complete a critique form. Legal Reference: Ark. Code Ann. Section 6-17-1501 et seq. Code: CV Date Issued: 2/15/02 ADMINISTRATIVE PERSONNEL - RETIREMENT Employees of the BCSA upon retirement shall be eligible for benefits of the Arkansas Retirement System, and other benefits as prescribed by law. Section C-18 Code: CW Date Issued: 2/15/02 ADMINISTRATIVE PERSONNEL - HEALTH EXAMINATION Professional personnel must submit a health certificate attesting to the person's freedom from tuberculosis. The health certificate may be submitted anytime between three months prior to the start of the school year and the end of the first month's employment. Persons employed after the opening of school will have 30 days to secure a health certificate. Payroll may be delayed until a certificate is on file. Legal Reference: Ark. Code Ann. Section 6-17-101 Code: CX Date Issued: 2/15/02 ADMINISTRATIVE PERSONNEL - TIME SCHEDULES The administrator shall schedule or assign each teacher by the first day of the school term. Code: CY Date Issued: 2/15/02 ADMINISTRATIVE PERSONNEL - EXPENSES Administrative personnel may be reimbursed for expenses incurred for attendance at professional meetings as approved by the Administrator. Funds for this purpose are to be provided from the school budgets. Code: CZ Date Issued: 2/15/02 DEVELOPMENT OF REGULATIONS The School Board delegates to the administrator the function of specifying required actions and designing the detailed arrangements under which the BCSA will be operated in accordance with Board policy and state law. These detailed arrangements constitute the regulations governing the BCSA. In the development of regulations, the Administrator will involve at the planning stage those who would be primarily affected by them; for example teachers, students, parents, etc. The School Board will adopt regulations when Arkansas state law requires the Board to do so, or if recommended by the administrator. Section C-19 Code: CAA Date Issued: 2/15/02 SCHOOL BOARD REVIEW OF REGULATIONS The School Board will review, when appropriate, regulations developed by the administration to implement Board policy, but it will revise or veto such regulations only when, in the Board's judgment, they are inconsistent with policies adopted by the Board. Regulations need not be approved by the Board in advance of issuance except as required by state law or in cases when strong community attitudes, or possible student or staff reaction, make it necessary or advisable for the regulation to have the Board's advance approval. Code: CAB Date Issued: 3-10-97 COMMUNICATION OF REGULATIONS Regulations will be appropriately coded and included as regulations in the School Board's policy manual, which will be available at the central administration office and in each school building. The administrator will also devise other means for disseminating particular regulations prior to their effective date to those personnel, students, parents, or citizens affected by any such regulation. Code: CAC Date Issued: 3-10-97 HANDBOOKS AND DIRECTIVES In order that pertinent Board polices, regulations, school rules and procedures and relevant laws may be known by all personnel and students affected by them, BCSA administrators are granted authority to issue personnel and student handbooks as found necessary and as required by state law. The School Board will review and approve the BCSA personnel handbook and student handbooks in order that the contents may be accorded the legal status of Board approved policy and regulations. The administrator shall use his or her own judgment as to whether other specific handbooks need Board approval; however, all handbooks published are to be made available to the Board for informational purposes. Section C-20 Code: CAD Date Issued: 3-10-97 ADMINISTRATIVE CONSULTANTS When knowledge or technical skills are needed that cannot be provided by school personnel, consultant assistance may be considered. All consultants will be approved by the administrator or his or her designee prior to the invitation and arrangement for visitation by such person or persons to the BCSA. Any proposed contracts with consultants will be submitted to the School Board for approval, and will be accompanied by figures showing the estimated cost of services. Consultants who serve the BCSA will exercise no authority over the work of BCSA personnel, but will act only as advisors in the field in which they are qualified to offer assistance. All supervision of personnel remains under the control of those to whom such responsibility has been delegated by the Administrator. CHAPTER D Fiscal Management Policy Code Policy Topic/Subject Section DA Inventories............................................................. .......... D-2 DB Activity Funds Management................................................... D-2 DC School Properties Disposal Procedure.................................... D-3 DD Fundraising Activities.......................................................... D-3 Section D-2 Code: DA Date Issued: 2/15/02 INVENTORIES For conservation and control, a continuing inventory will be kept of the BCSA's capital equipment. Each school will maintain a complete inventory book. A duplicate record book containing all school inventories will be maintained by the business office. A running inventory of school property maintained in the BCSA warehouse will also be kept. Supplies, small tools, and consumable materials will be inventoried annually. Code: DB Date Issued: 2/15/02 ACTIVITY FUNDS MANAGEMENT The activities fund includes student organizations, parent organizations, and any other funds belonging to the student/class group or activity. Whether these funds are collected from student contributions, club dues, for special activities, or result from admissions to special events or from other fund-raising activities, all such funds will be under the jurisdiction of the administrator. They will be properly accounted for and used only for authorized purposes. The activity funds of each school will be audited by the auditor selected to make the audit of all BCSA funds. Monthly reports will be submitted to the administrator regarding the status of all activity funds in such form as he/she may subscribe. School athletic program funds will be administered separately, and a checking account will be maintained for athletic funds. Purchase orders drawn against such account will be processed and signed by the director of athletics and administrator. A monthly report of this account will be made to the administrator in such form as he/she may subscribe. Section D-3 Code: DC Date Issued: 2/15/02 SCHOOL PROPERTIES DISPOSAL PROCEDURE When equipment, books, and materials become worn out, obsolete, surplus, or otherwise unusable in the school, the Administrator may authorize their disposal in a manner to the systems best advantage, provided that the unit value of the items is not more than $1000 nor the total value more than $5000. If values are in excess of those amounts, formal authorization for negotiated sale or for putting the items to bid will be obtained from the Board. It will be certified in all bids and for all negotiated sale or for putting the items to bid will be obtained from the Board. It will be certified in all bids and for all negotiated sales that the bidder or purchaser is not an officer or employee of the system nor a member of the immediate family of an officer or employee. If a reasonable attempt to dispose of surplus properties fails to produce a monetary return to the system, the Administrator is authorized to dispose of them in some other way. Any item purchased with federal money will not be sold until written authorization is given from the agency which contributed the money. Code: DD Date Issued: 2/15/02 FUNDRAISING ACTIVITIES No fundraising shall be permitted without prior application to and approval by the Administrator or his/her designee. To be approved, the fundraising activity must be: A. Educationally sound and contributory to the attainment of educational objectives. B. Appropriate to the age or grade level of students to be involved. C. One in which school may appropriately engage. D. Conducted under the supervision of teachers and administrator. E. Conducted in such a manner and at such times as not to encroach upon instructional time or interfere with class time. F. Not unduly demanding of teacher time. G. Provide, wherever possible, particularly at the elementary level, parental sponsorship. H. Periodically evaluated by teachers, administration and students. An annual report will be submitted at the end of each school term which will permit Board appraisal of the stewardship of these activities CHAPTER E Support Services Policy Code Policy Topic/Subject Section EA Use of School Facilities......................................................... E-2 Section E-2 Code: EA Date Issued: 2/15/02 USE OF SCHOOL FACILITIES School facilities are provided to meet the educational needs of students. School activities shall have first priority for facility use. The School Board believes that when school facilities are not in use for school programs, the facilities which are constructed and maintained through the expenditure of public funds should be used to the fullest extent possible by community groups and agencies. In order to assure that this accommodation may be extended to the entire community, it is necessary to ask that procedures for the use of the school facilities be adopted and made available to the general public. The administration of the school shall prescribe an orderly process for utilization of school facilities by community groups and agencies. Provisions for the control and protection of these public facilities will be established. The rules and regulations may require that cut-of-pocket expenses including extra utility, heating, administrative, and janitorial costs be reimbursed to the school under the terms of any lease or rental agreements. The School Board reserves the right to approve or reject any request for use of school facilities. Evening and Weekend Facility Usage A. School Related or Community Non-profit Organization School activities may be used during evening hours and on weekends by non profit organizations composed primarily of persons who reside within the school and by school-related organizations. Rental fees will be based according to the type and amount of services required. B. Individual or Profit Making Organization School facilities may be used by individual or profit-making organizations on a rental or space available basis when approved by the BCSA. Rental fees will be based on size and type of facility requested, utilities, and services required. Rates are subject to change without prior written notice. Usage Procedure 1. An organization that desires the use of a school facility must make a written request at least ten (10) working days in advance and not more than ninety (90) days in advance of the date of use. The request must include the purpose of the meeting, facilities and services desired. It must be signed by the individual who will be present and in charge and who will assume responsibility, including any payment for the use of the facility. 2. Requests for building/facility use shall be sent to the administrator where usage is requested. 3. Upon approval of a request for a facility use, the organization will be sent a written permit which will include any fee, conditions, and equipment according to the agreement. This permit must be presented to the building supervisor at the time of the event. The organization will be sent an invoice of the rental fee at the same time the permit is issued, and payment will be due within thirty (30) days after the usage. Facility Use Rules 1. The user assumes responsibility for damage or loss that may occur to the facility, equipment and grounds. 2. The user understands that alcoholic beverages are not to be consumed on the premises. 3. A BCSA staff member will open the building, remain during the time of use, and lock up afterward when BCSA buildings are used by community organizations. The BCSA staff member will insure proper use of school facilities; however, the person in charge of the group using the facility shall be responsible for the conduct of the group. 4. When a BCSA employee is assigned on the permit, the permit holder is responsible for paying the BCSA employee at the end of the activity. The rates will include thirty (30) minute opening and closing periods, with a minimum of two (2) hours. The rates are subject to change without prior notice. 5. Rental rates include the use of the facility and equipment in the facility. An invoice will be included with the Facility Use Permit when a charge is issued. Payment for this invoice is due within thirty (30) days. 6. Churches and religious organizations may use school facilities for special events, and with approval by the Board, will be allowed to use school facilities for regular religious meetings. 7. Audio-visual, duplicating or copy equipment shall not be used, except by special permission of the administrator. Expenses will be paid by the user. 8. School facilities and/or equipment shall not be used for purposes deemed by the Board to be contrary to the best interest of the school. 9. School facilities will not be used on Sundays without special permission by the Board. 10. School equipment shall not be loaned out, except by written authority of the administrator. 11. Additional electrical services for major events must be coordinated by the user and at their expense. 12. Security is required for major functions at users expense and must be coordinated by user. BUILDING/FACILITY USE PERMIT BENTON COUNTY SCHOOL OF THE ARTS Date Issued______________ This permit authorizes the use of school facilities, subject to the conditions stated on the back of this form. The person to whom this permit is issued agrees to accept responsibility for the listed provisions. Group Representative_______________________________________________________________ Group or Organization___________________________Number Expected:_____________________ Activity/Purpose________________________________________________________________ ____ Building/Facility/Room___________________________________________________________ ____ Date of Use________________________________________________________________________ Hours of Use_______________________________________________________________________ Additional Services and Facilities Required: ___________________________________________ _____________________________________________________________________________ _____________________ NOTE: The above named group, person, or organization agrees to indemnify and hold harmless BCSA, its officers, agents, servants, and employees from any and all liability of whatever kind or nature resulting from damage or injury to any person or property which occurs while such person, group, or organization is occupying or using school facilities or property. The school may require organizations to provide proof of liability insurance coverage for certain types of high-risk activities held on school property. /_____ / Liability Insurance required Use Charge:___________________Total:_________________ Security must be provided? ________Yes______ No The Use Charge includes only those services listed. ____________________________________ Administrator This form must be signed and should be carried by the person to whom it is issued when using the BCSA facility. Date:_____________________Signed:________________________________________ ** School events take precedence at all times. This permit may be cancelled in the event a school event needs to reschedule and utilize the facility listed. INITIALS:__ ** No Smoking permitted in school buildings at any time. ** INITIALS:_______ FACILITY USAGE REQUEST FORM Benton County School of the Arts Name_______________________________________ Cell Phone_________________ Address_______________________________________________________________ Group/Organization______________________________________________________ Activity/Purpose_________________________________________________________ Building/Facility/Room____________________________________________________ Date Desired________________________ Hours Desired_______________________ Additional Services______________________________________________________ ______________________________________________________________________________ BENTON COUNTY SCHOOL OF THE ARTS FACILITY USE CHARGES FOR NON-SCHOOL OR NON-STUDENT ORGANIZATIONS AREA of SCHOOL DEPOSIT HOURLY RATE * (Refundable) Profit Non-Profit Commons $50.00 $50.00 $ 100.00 Theater $100.00 $50.00 $25.00 Classrooms $50.00 $30.00 $10.00 *Any portion of an hour will be charged at the whole hourly rate. These fees do not include set up. Set up is charged at an overtime rate based on school personnel time. Activities for the sole benefit of school students may be exempt from use fees with approval of the Administrator. The hourly rate is $12.50 per hour for custodial staff if needed Payment of rental agreement may be paid at the equivalent or better as a cash or check donation. Usage fees will go into the building maintenance and operations fund to offset costs incurred. CHAPTERS G & K Personnel Policy Code Policy Topic/Subject Section. GA At-Will Employment G-4 GA Guidelines for Cooperating Teachers G-4 GAAA Equal Employment Opportunity G-5 GAC Staff Development G-5 GAD Professional Development Opportunities G-6 GAE Complaints and Grievances G-7 GAE-RE Grievance Form G-9 GAEB Sexual Harassment G-10 GAEB-R Sexual Harassment Form G-12 GAEC ADA Grievance G-14 GAG Staff Conflict of Interest G-15 GAHB Ability of School Employees to Hold Public Office G-15 GAL Salary Deductions G-16 GAL-E Salary Deductions G-17 GALA Salary Increase G-18 GB Professional Personnel Section G-18 GBA Compensation Guides and Contracts G-18 GBBA Qualifications and Duties G-19 GBDA Hiring Selection Criteria G-20 GBDAA Approval of Transfer of Teaching Credit G-20 GBDB Hiring Relatives of Administrators G-21 GBE Assignment G-21 GBH Leaves and Absences G-21 Family and Medical Leave Act of 1993 G-22 GBH-E Request for Leave Form G-26 Application for Family Medical Leave G-27 Employer Response to Employee Requesting FMLA G-29 GBI Certified Evaluation G-31 GBM Transfer G-33 GBM-E Transfer Request Form G-34 GBO Resignation G-37 Resignation Statement G-38 GBQ Retirement G-39 GBRAA Health Examinations G-40 GBRE Extra Duty G-40 GBRHA Job Related Injuries G-40 GBRHB Professional Leaves and Absences G-41 GBRHB-RE Request for Out of BCSA Travel G-42 GBRIB-1 Sick Leave Bank G-43 GBRIB-R Sick Leave Bank Contribution Form G-45 GBRIB-RE Sick Leave Bank Request Form G-46 GBRJ Arrangement of Substitutes G-47 GCA Stipends G-47 GCA-2 Employee Benefits G-48 GCAA Service Credit G-48 GCAEA Directory Information G-53 GCAG Staff Conflict of Interest G-58 GCAK Review of Personnel Records G-58 GCCDB Dress and Appearance G-68 GCDE Payment of Debts G-69 GCDJC Payroll Information G-69 GDCRJ Temporary and Substitute Employees G-70 GCDT Regulation of Controlled Substances G-70 GCE Assignment G-71 GCECH Personal Use of Equipment or Facilities G-72 GCEGA Insurance Information G-72 GCI-RE Classified Evaluation Form G-74 GCKEBB Solicitations G-76 GCR Work Schedules G-79 GCRA Health Examinations G-80 GCRD Compensatory Time for Classified Employees G-81 GCRH Non-Contracted Days G-81 GCRHA Additional Days After 10 years G-82 GCRIB Classified Jury Duty G-82 GCRJ Job Related Injuries G-86 JGCE HIV/AIDS Policy G-87 Staff Access Networked Information Resources G-91 Section G-4 The Benton County School of the Arts Board of Education approved revisions to the Certified and Classified Personnel Policies on January 3, 2012. Code: GAA Date Issued: 1/3/12 AT-WILL EMPLOYMENT Employees serving in a certified or classified position are employed by the Benton County School of the Arts (BCSA) as an “at-will” employee, and your signature indicating your receipt of these Personnel Policies (Policies) acknowledges and affirms your acceptance of your employment as an “at-will” employee. The term “at-will” employee, as used in these policies, means that your employment with BCSA may be terminated by either the BCSA or by you with or without cause. This policy of “at-will” employment applies to all BCSA employees, both certified and non-certified (classified). The fact that certain aspects of your employment (such as salary amounts, amount of days of work, etc.) may be reduced to writing, does not cause or create contractual relationship between the BCSA and the employee. All existing contracts between the BCSA and any of its employees shall expire as of the ending date listed in the contracts, and are not subject to automatic renewal pursuant to the Arkansas Teacher Fair Dismissal Act of 1983 (A.C.A. 6-17-1501 et seq.) or the Arkansas Public School Employee Fair Hearing Act (A.C.A. 6-17-1701 et seq.), A.C.A. 6-171701. Compensation/salary will cease upon the date of termination or resignation of an employee as formally approved by the Board of Education. Retroactive compensation/salary termination may be set by the Board of Education. Code: GA Date Issued/Revised: 1-3-12 GUIDELINES FOR COOPERATING TEACHERS 1. Cooperating teachers are responsible for the students and what happens in the classroom: therefore, they are to keep in close contact with the student teacher and the students during the entire semester. 2. Cooperating teachers should spend time in the classroom depending upon the progress being made by the student teacher. 3. While the student teacher is in charge of the class, cooperating teachers are to work with individual students or small groups from their classes on special projects for enrichment or instruction. 4. After the student teacher has given instructions for a specific lesson, the cooperating teacher should assist students who are having difficulties. 5. During the student teacher's full time teaching, the cooperating teacher may A. serve as a resource person to other teachers by team teaching on special projects, helping grade papers, assisting in classes where enrollment is large, running off materials on the copy machine. B. make lesson plans C. assist/guide individual students who need one-on-one direction D. visit other classrooms E. assist with a study topic F. shadow a student 6.Cooperating teachers are responsible for allowing the student teachers some full time teaching responsibilities. It has been suggested that two weeks, not necessarily consecutive, of full time teaching is appropriate. The student teacher should have observation time between weeks of full time teaching. QUALIFICATIONS FOR COOPERATING TEACHERS 1. Cooperating teachers should consent to work with a student teacher. 2. Cooperating teachers should have at least three years teaching experience. 3. Cooperating teachers shall have taught at least one year in the BCSA. 4. Cooperating teachers must be certified in the area of teaching they are supervising. 5. Cooperating teachers must be approved by the University Supervisor and Principal. 6. Cooperating teachers shall attend an orientation meeting or in-service concerning the role of the cooperating teacher. STUDENT TEACHERS Assignments may be made at the Elementary (K-4), Middle School (5-8), and High School (9-12) levels. Section G-5 Code: GAAA Date Issued: 8-16-77 EQUAL EMPLOYMENT OPPORTUNITY The BCSA School Board shall conduct the school system on a nondiscriminatory and nonsegregated basis. In the employment of personnel, the Board will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, or handicapping condition. Code: GAC Date Issued/Revised: 5-17-93/ 1-3-12 STAFF DEVELOPMENT All certified employees of the BCSA must complete a minimum of at least 60 hours of staff development each year. Any employee who misses any part of the regularly scheduled staff development activities for any reason must make up that time in other in-service activities so that a minimum of 60 hours is earned during that school year. The staff development year will begin June 1 and end May 31. The BCSA will provide 60 hours of staff development for their certified employees. The BCSA staff development plan will be based on local needs and state and local educational goals. The classroom teachers in the BCSA will be involved in the planning and implementation of staff development activities. The plan will be kept on file with the Director of Professional Development, and staff development record keeping of individual participation is the responsibility of the BCSA. (A.C.A. 6-17-706) Staff development programs may encompass a broad range of activities including, but not limited to conferences, inter-classroom visitations, travel, workshops, independent study, peer consultations, and college and university courses. College and university courses must relate to the teaching areas of the teacher or be shown to improve overall teaching performance. Such courses must be pre-approved by the BCSA curriculum director. Staff development may also be provided by the education service cooperatives or a professional organization to which an individual or group belongs. To be eligible, staff development activities should be primarily to produce new skills and/or improved classroom performance in job assignments. Upon request, a teacher must be prepared to justify in advance the activity for which he/she is going to claim staff development credit. Staff development is not time for teachers to work in their rooms or for faculty meeting in which information is related or regulations or procedures explained. Staff development activities conducted during released time (time for which a substitute is hired to release the teacher from classroom duties) cannot be substituted for teacher attendance during the required five days of staff development. Each building will establish a committee made up of the Principal, grade level representatives/department heads, and /or other interested persons. This committee will meet as needed to plan, coordinate, implement, and evaluate staff development activities based on BCSA and individual needs and goals. The BCSA committee will include the elementary and secondary Principal(s), the teacher representative from each building, and the BCSA Curriculum Coordinator. This committee will meet as needed to plan, coordinate, implement, and evaluate staff development activities based on BCSA and individual needs and goals. Legal Ref: Arkansas Code Annotated 6-17-702 Section G-6 Code: GAD Date Issued/Revised: 6-17-90; 1-3-12 PROFESSIONAL DEVELOPMENT OPPORTUNITIES The School Board recognizes the importance of in-service education as a factor which promotes progress toward established educational goals in this school system. All instructional personnel are encouraged to acquire additional college work for the purpose of keeping up with new development in their subject matter field or for the purpose of working toward a higher degree, although this is not a requisite for continued employment unless specified in writing and agreed upon by the teacher, Principal, Superintendent/Executive Director, and Board of Education. The administration and faculty shall make concerted effort to encourage means of defining school problems and working toward solutions of these problems. The School Board feels that the recognition and solution of such problems provide the most effective in-service education. Other activities to contribute toward in-service education shall be class visitation, workshops, consultant services, conferences, and attendance at professional meetings. Section G-7 Code: GAE Date Issued/Revised: 6-17-80; 1-3-12 COMPLAINTS AND GRIEVANCES The schools, recognizing the need for close cooperation between professional staff and immediate supervisors encourage that grievances be resolved formally within each building. However, employees shall have the right to present grievances and in doing so shall be assured freedom from restraint, interference, discrimination, and reprisal in the preparation and processing of such formal written grievances. If the employee's immediate supervisor determines that the employees concern does not constitute a grievance, the employee may appeal that determination. The process used will be the same as for a grievance. The following procedure is hereby established to handle formal written grievances. A grievance must be filed within sixty (60) calendar days of the date an employee becomes aware of or reasonably should have become aware of a grievable issue. DEFINITION: A calendar day is any day other than a scheduled school holiday. Levels of Grievance Processing: Level One – Principal or Immediate Supervisor Level Two – Superintendent/Executive Director Level Three-- School Board (BCSA Board of Education) LEVEL ONE: The aggrieved staff member shall request a form for filing a grievance from the immediate supervisor, Principal or Superintendent/Executive Director. Once this form has been completed and presented to the immediate supervisor, Principal or Superintendent/Executive Director, the individual should request a conference with the immediate supervisor or Principal. An effort to resolve the grievance shall be made within fourteen calendar days of the requested conference. LEVEL TWO: a. If the aggrieved staff member is not satisfied with the disposition of his grievance at Level One or no decision has been rendered within fourteen calendar days of the requested conference, s/he must file the grievance with the Superintendent/Executive Director within fourteen calendar days or drop proceedings. b. Within fourteen calendar days after receipt of the written grievance by the Superintendent/Executive Director, the Superintendent/Executive Director will meet with the aggrieved staff member in an effort to resolve the grievance. c. Both the Superintendent/Executive Director and the staff member have the option to request the presence of a selected representative at this conference. LEVEL THREE: If the aggrieved staff member is not satisfied with the disposition of his grievance at Level Two and if no decision has been rendered within fourteen calendar days after the meeting with the Superintendent/Executive Director, s/he must request a hearing before the School Board or drop proceedings. The Board shall grant the request provided such request is made in writing in care of the Superintendent/Executive Director or President of the Board. The Board shall meet within fourteen calendar days of the receipt of the request. This hearing shall be open to the public unless either the Superintendent/Executive Director or the employee requests a private hearing. A closed hearing will include only the Board members and those parties involved in the previous proceedings. Parties involved may be accompanied by two selected representatives. The Board, having final authority in such grievances, shall make an effort to make fair resolution of each grievance. The Board shall have a period of ten days following the hearing in which to render a decision. The Board shall report the resolution of such grievance to the aggrieved staff member within five school days of said decision. Legal Ref: Arkansas Code Annotated 6-17-208 Section G-9 Code: GAE-RE Date Issued/Revised: 6-27-94; 1-3-12 BENTON COUNTY SCHOOL OF THE ARTS GRIEVANCE FORM SUBMIT TO SUPERINTENDENT/EXECUTIVE DIRECTOR IN DUPLICATE. ATTACH ADDITIONAL SHEETS IF NEEDED. NAME____________________________________ BUILDING___________________ DATE FILED ______________________________ Date cause of grievance occurred__________________________ LEVEL ONE: Statement of grievance:_______________________________________ ______________________________________________________________________Relief sought:___________________________________________________________ ____________________________________________________________________ Action taken:___________________________________________________________ ______________________________________________________________________ Date: __________________ Signature of Employee_____________________________ Signature of Immediate Supervisor/Principal_____________________________________ LEVEL TWO: Date received by Superintendent/Executive Director_______________________________ Action taken:___________________________________________________________ Date__________________________________________________________________ Signature of Employee___________________________________________________ Signature of Administrator_________________________________________________ LEVEL THREE: Date received by President of School Board___________________________________ Date of Board Hearing____________________________________________________ Resolution by the Board__________________________________________________ Signature of Employee __________________________________ Date___________________________ Signature of President of Board____________________________ Date____________________________ Section G-10 Code: GAEB Date Issued/Revised: 5-17-93; 1-3-12 SEXUAL HARASSMENT The school recognizes that harassment on the basis of sex is a violation of law and common courtesy. The BCSA is committed to providing a work environment free from sexual harassment and will not tolerate such conduct on the part of any employee. If the facts appear to support such a complaint, immediate action will be taken, including but not limited to discipline, warning, suspension, or termination of the offending personnel. The School Board expects every charge of sexual harassment to be thoroughly investigated. The Equal Employment Opportunity Commission (EEOC) and the BCSA define sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature when: 1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment. 2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting the individual. 3. Such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. Forms of sexual harassment include, but are not limited to, the following: 1. Verbal harassment, including derogatory comments, jokes, requests or other unwelcome sexually-oriented language. 2. Physical harassment, including unnecessary or offensive touching, repeatedly brushing against another person's body, or impeding or blocking movement. 3. Visual harassment, including offensive posters, cards, cartoons, graffiti, drawings, or gestures. Any sexual harassment as defined when perpetrated on any student or employee by any student or employee will be treated as sexual harassment under this policy. REPORTING PROCEDURE: Any person who believes sexual harassment is occurring should immediately report the offensive conduct or communication to the harassing person’s immediate supervisor, unless said supervisor is the person alleged to have caused the alleged sexual harassment. In such an event, the person who believes he or she has been subject to sexual harassment should immediately report the offensive conduct or communication to the appropriate Immediate Supervisor, Principal or Superintendent/Executive Director. All initial complaints will be investigated and resolved at the lowest possible level. The initial investigation and the complaint shall be handled as a personnel matter in order to provide as much protection and privacy to the grievant and the accused as is permissible under state and federal law. All reports under this policy must be made in writing on Sexual Harassment Report Form #GAEB-R. Forms may be obtained from the Central Office. INVESTIGATIVE PROCEDURE: The supervisor will: 1. Immediately notify the person accused of engaging in the harassing behavior that a sexual harassment report has been filed. A copy of the report will be provided to all parties involved. 2. Investigate the report and take investigative action. The services of an external investigator may be engaged by BCSA to perform the investigation. 3. The results of the investigation will be given to all parties in-writing within ten (I0) working days of the receipt of the report. Results of the initial report and investigation will be maintained by the supervisor unless further personnel action is warranted. If the resolution of the initial complaint and/or subsequent action by either party does not remedy the situation, the initial investigator or grievance should report the continued behavior to the Superintendent/Executive Director. At any point during the Superintendent/Executive Director’s investigation, any party may avail himself/herself of representation. All parties will be apprised of the representation. At the request of either the complainant, Superintendent/Executive Director of BCSA Board of Education, an outside impartial investigator/agency may be requested to assist with the investigation. Within ten (10) working days of receipt of the initial filing of the sexual harassment grievance, a written report will be provided to all parties regarding the findings and recommendations. If more than ten (10) days is required to produce the report, the complainant, Superintendent/Executive Director, and Board of Education will be notified. Action, if warranted, against any employee or student will be in compliance with all state and federal laws and the Board policies of the BCSA. The Superintendent/Executive Director and the School Board will make extraordinary efforts to protect the rights, privileges, and reputations of all employees and students concerned. If the investigation and/or recommended action at any time fail to resolve the situation to the satisfaction of any party, that party may appeal to the School Board. All appeals will be conducted in compliance with BCSA personnel policy and applicable state and federal laws. Section G-12 Code: GAEB-R Date Issued/Revised: 1-3-12 BENTON COUNTY SCHOOL OF THE ARTS SEXUAL HARASSMENT FORM Submit in duplicate to authority at the level where the grievance is to begin. Attach additional sheets if more space is needed. Level One: Principal/Immediate Supervisor Level Two: Superintendent/Executive Director Level Three: School Board (Benton County School of the Arts Board of Education) Name of Grievant_____________________________________________________(certified)(classified) Building ____________________________________________________________ Date Filed___________________________________________________________ LEVEL ONE: Received by_________________________________________________________(principal/supervisor) Date_______________________________________________________________ A. Describe the offensive conduct or communication in as much detail as possible (be specific and complete). Include the date(s) on which such conduct occurred or the communication was made and the name of the person accused of engaging in the harassing behavior. B. Relief sought: (This should be completed in detail. Be specific). C. Action taken by Immediate Supervisor/Principal Written report received by______________________________________________(employee) Date received________________________ (My signature indicates only that I have received the written report; it does not signify agreement with the decision.) LEVEL TWO: Received by:_________________________________________________________(Superintendent/Exec utive Director) Date A_____Written notice of investigation received by___________________________(employee) Date received___________________________ B______Action taken by the Superintendent/Executive Director: Written report received by ______________________________________________(employee) Date received (My signature indicates only that I have received the written report; it does not signify agreement with the decision.) LEVEL THREE: Request for School Board hearing Received by President of School Board_____________________________________Date__________ Date of Board hearing ________________________________________________________________ Action taken by Board_________________________________________________________________ _____________________________________________________________________________ ______ Signature of Board President______________________________________________Date___________ Written report received by________________________________________________Date___________ (My signature indicates only that I have received the written report; it does not signify agreement with the decision.) Optional: Attach a request for an open hearing and or request for written record Section G-14 Code: GAEC Date Issued: 5-17-93 ADA GRIEVANCE The school provides this internal grievance procedure to facilitate a prompt and equitable resolution of complaints alleging any action prohibited by the U. S. Department of Justice regulations implementing Title 11 of the Americans with Disabilities Act. Title 11 states, in part, that "no otherwise qualified disabled individual shall, solely by reason of such disability, be excluded from the participation in, be denied the benefits for, or be subjected to discrimination" in programs or activities sponsored by a public entity. Complaints should be addressed to: Equity Coordinator, 400 NW 2nd, BCSAAR 72712, or call 501-271-1100. The Equity Coordinator has been designated to coordinate ADA compliance efforts. The following procedures are to be followed to expedite such complaints: 1. A complaint should be filed in writing or verbally, giving the name and address of the person filing it, and a brief description of the alleged violation of the regulations. 2. The complaint should be filed within five (5) working days after the complainant becomes aware of the alleged violation. 3. An investigation, as may be appropriate, will follow a filing of the complaint. The investigation shall be conducted by the Equity Coordinator. This process contemplates informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint. 4. A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by the Equity Coordinator and a copy forwarded to the complainant no later than ten (I0) working days after its filing. 5. The Equity Coordinator will maintain the files and records of the BCSA relating to the complaints filed. 6. The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the resolution. The request for reconsideration should be made in writing within ten (10) days to the administrator. 7. The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person's pursuit of other remedies such as the filing of an ADA complaint with the responsible federal department or agency. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies. 8. This entire process shall be constituted to protect the substantive right of interested persons, to meet appropriate due process standards, and to assure that the BCSA complies with the ADA and implementing regulations. *These procedures are for members of the public, clients, visitors, and any other individuals not covered under the BCSA grievance policy. Section G-15 Code: GAG Date Issued: 6-3-85 STAFF CONFLICT OF INTEREST No employee shall accept any outside employment that would interfere with professional responsibilities or create a conflict of interest. Code: GAHB Date Issued/Revised: 1-3-12 ABILITY OF SCHOOL EMPLOYEES TO HOLD PUBLIC OFFICE All employees of the BCSA are free to exercise their rights as citizens and run for or accept appointments to public office if they so desire. However, employees should understand the following: 1. By law, a school board member may not work for the school which he/she serves. 2. School may not grant any employee paid leave for the purpose of permitting the employee to engage in public service of related activities. 3. Employees may use their personal days and vacation days (if applicable) to engage in public service or related activities, with prior approval of their Immediate Supervisor, Principal or Superintendent/Executive Director. 4. In addition, upon request to the school board, a maximum of five (or a number of days selected by the BCSA) additional days of unpaid leave may be granted to the employee for the purposes of engaging in public service or related activities. If the employee's service can be replaced by the BCSA, the employee will be responsible for reimbursing the BCSA for the expense of the substitute employee. 5. Employees who attempt to use sick leave days fraudulently for any purpose, including engaging in public service or related activities, will face disciplinary action up to and including non-renewal or termination. Section G-16 Code: GAL Date Issued/Revised: 8-16-77; 1-3-12 SALARY DEDUCTIONS Except for payroll deductions required by the state or federal government, all deductions made from salary shall be subject to Board approval and voluntary on the part of the individual employee. For all voluntary deductions, the employee shall complete a form authorizing the deduction and the specific amount. The Superintendent/Executive Director is authorized to establish reasonable cut-off dates for payroll deduction request. While it is the desire of the Board that all teachers should pay their personal financial obligations, the Board shall not become a collection agency by accepting orders from teachers to deduct certain amounts from their monthly salary until their debts are liquidated. Legal Ref: Arkansas Code Annotated 6-17-804 & 6-17-805 Section G-17 Code: GAL-E Date Issued/Revised: 6-15-92; 1-3-12 SALARY DEDUCTIONS Salary deductions are offered to employees who have an FTE of .50 or higher. Health Insurance, Supplemental Insurance, 403B and Life Insurance are not required but are offered as a benefit. Effective date for salary deductions is the last day of the month. BCSA submits payments the following month that deductions are collected, unless the deduction requires semi-monthly remittance. All deductions will be withheld each scheduled payroll with the exception of bonuses or refunds. All Supplemental Benefits will be offered during the grace period. The grace period is the mont of August. Beginning September, premiums will be withheld and be effective September 1. Supplemental Benefits can only be cancelled during the grace period. All Health Insurance is offered through ARBenefits. Open-enrollment is the month of October, withholding of insurance premiums starts December and the insurance date is effective January 1 through December 31. New hires can have health insurance thirty (30) days after their first day of work. More information on Health Insurance can be found on www.arbenefits.org. Health Insurance can only be changed or cancelled for a qualifying event. Section G-18 Code: GALA Date Issued: 5-6-92 SALARY INCREASE Any increases in funds received by the BCSA for any school year that are required to be paid to certified personnel will be distributed equally or the funds will be distributed unequally based on a majority vote of the teachers and approval by the board. Code: GB Date Issued/Revised: 8-16-77; 1-3-12 PROFESSIONAL PERSONNEL SECTION NOTE: All personnel policies and regulations in this section pertain to personnel who are required to hold a teacher's certificate issued by the State of Arkansas. Code: GBA Issued/Revised: 5-18-87; 1-3-12 CERTIFIED PERSONNEL COMPENSATION GUIDES AND CONTRACTS Professional personnel shall be awarded contracts by the Board based upon the recommendations of the Superintendent/Executive Director. Salary and the other benefits listed in these policies shall comprise the employee’s compensation for his or her work. Hours counting toward the 15 hours above any degree shown on the certified salary schedule must be earned after the date the degree was awarded. College work completed that will entitle a teacher to advance from one salary scale to a higher scale must be verified by an official college transcript. The annual compensation for a teacher will include or be adjusted to include the change during the fiscal year in which the verification is received by the Superintendent/Executive Director’s office. The full amount of the adjustment will be included provided the work is completed prior to the first day of the school year and the verification is received prior to January 1 of the fiscal year. One-half of the amount of the adjustment will be included if work is completed during the first semester and verification is received in the Superintendent/Executive Director’s office by May 1. The gross amount, less deductions, of any change will be divided equally between the remaining installments due a teacher. Payment of the increase is not retroactive. SUBSTITUTE PAY: Substitute teachers are paid a daily rate set by the Board. Arkansas Code Annotated 6-17-204 Legal Ref: Section G-19 Code: GBBA Date Issued/Revised: 6-17-80; 1-3-12 PROFESSIONAL PERSONNEL QUALIFICATIONS & DUTIES All professional personnel employed by the BCSA must possess those qualifications set forth by the Arkansas Department of Education. It is recognized by the BCSA School Board that these qualifications are set up to promote minimum standards, therefore, it is the policy of the school to employ persons who exceed these minimum requirements whenever possible. All instructional personnel must maintain on file in the Superintendent/Executive Director’s office the following information. 1. Arkansas Teacher Certificate 2. Social Security Number 3. Certificate of Health - Tuberculosis 4. Statement of Number of Dependents 5. Official Transcript of All College Work 6. Current Address and Telephone Number All certified personnel in the BCSA will have access to any file pertaining to his/her employment or performance, kept by any supervisor or administrator, for the purpose of inventorying or reviewing. Legal Ref.: Arkansas Code Annotated 6-17-401 Section G-20 Code: GBDA Date Issued/Revised: 6-17-96; 1-3-12 PROFESSIONAL PERSONNEL HIRING - SELECTION CRITERIA Appointments of instructional personnel shall be made by the School Board upon consideration of recommendations made by the Superintendent/Executive Director. The selection will be based on the following considerations: The BCSA prefers to employ instructional personnel who hold a degree from a college accredited by the North Central Association or some other accrediting agency of comparable rank. It is also highly desirable that the applicant have graduated from a college whose program is approved by the National Council for Accreditation of Teacher Education (NCATE). Instructional personnel should hold a valid Arkansas teaching certificate at either the elementary or secondary level with specific training in their teaching field as prescribed by the Arkansas Department of Education and the North Central Association of Schools and Colleges. In rare cases, personnel may be employed before final certification is granted provided all the certification requirements have been met or outlined for completion on a specific timetable which will not adversely effect payroll or school accreditation. Personnel may be hired who have not earned a teaching license in the specific field in which they are hired to teach. In such cases, personnel may be required as a stipulation of employment to earn a teaching license through the Non-Traditional Licensure Program at the expense of the employee. (Waiver regulation: Waiver from A.C.A. 6-17-401) All personnel new to the BCSA, beginning teachers or teachers transferring from another school in state or out of state, must have a Criminal Record Check and Child Maltreatment Registry Check. Paperwork for completing record check may be obtained from the Personnel Department at Central Office. Code: GBDAA Date Issued: 1-3-12 APPROVAL OF TRANSFER TEACHING CREDIT Teaching experience outside of the BCSA school district will be credited to personnel at the following rates: Out-of-state teaching experience up to 10 years credit In-state teaching experience up to 24 years credit All teaching experience credited must be from an “accredited” school. Accredited may be defined as follows: 1. Any school that is recognized by the Arkansas Department of Education as an accredited school in the state. 2. Any out-of-state school that is accredited by their own state’s Department of Education. 3. Any school that is regionally accredited (i.e. North Central Accreditation, AdvancEd). Fractions of years will not be considered in determining the amount of experience credit. The discretion of the Principal, Superintendent/Executive Director and School Board will be the final authority in any experience granted. Approved by BCSA Board of Education 05/17/2011 Section G-21 Code: GBDB Date Issued/Revised: 7-19-92; 1-3-12 PROFESSIONAL PERSONNEL: HIRING RELATIVES OF ADMINISTRATOR The immediate family of the Superintendent/Executive Director will not be eligible for employment in the BCSA. The immediate family of the supervisors of certified personnel, and other administrative personnel, as the School Board may identify, will be eligible for employment in the BCSA, but not in a position under the direct supervision of the above named administrators. Immediate family, for this purpose, shall be defined to include: spouse, children, parents, brothers, and sisters. Code: GBE Date Issued/Revised: 8-16-77; 1-3-12 CERTIFIED PERSONNEL ASSIGNMENT: All teachers are subject to assignment at the recommendation of the Principal and approved by the Superintendent/Executive Director and BCSA Board of Education. Insofar as possible, teachers shall be assigned to positions for which they are best qualified. Members of the same family will not be assigned to the same building unless necessary. Also, while keeping in mind the needs of students and the need to have a balanced faculty (race, sex, experience, etc.), reasonable efforts shall be made to honor teacher preference in assignment. Legal Ref: Arkansas Code Annotated 6-17-303 Code: GBH Date Issued/Revised: 6-21-93; 6-19-95; 1-3-12 LEAVES AND ABSENCES SICK LEAVE ACCUMULATION: Full-time certified employees shall be allowed sick leave at full pay, at the rate of one (1) day per contract month or a major portion thereof. Month or major portion thereof means twelve (12) or more working days in a calendar month, including all professional development days required by the school district that count toward the annual sixty (60) hours of required professional development for a teacher. Part-time employees shall be allowed sick leave on a prorated basis. Such leave shall be in force beginning with the first day of the first school term for which the employee is hired. If employees leave or resign their position for any reason before the end of the school term, the BCSA shall deduct from the last pay check full compensation for any days of sick leave used in excess of the days earned. Unused sick leave shall accumulate without limit. BCSA shall credit one (1) day of sick leave to a teacher if the teacher: (A) Used one (1) day of sick leave on a mandatory professional development day; and (B) Made up the missed mandatory professional development day on a day for which the teacher was not otherwise scheduled to work for BCSA. REASONS FOR USE: Employees may use sick leave for maternity, paternity, adoption, bereavement, personal illness or illness in the immediate family (wherever they live) which shall include the employee's spouse, children, parents, father-in-law, mother-in-law, brother, sister, brother-in-law, sister-in-law, grandparents, grandchildren, uncle, aunt, and/or other members of the family living in the same household of the employee, or step-parents who have reared the children. Sick leave when used for bereavement applies to funeral attendance and legal business related to the death. SHARING SICK LEAVE: An employee and spouse employed by the BCSA may share up to thirty (30) days of sick leave per school year RECORDS: A record of sick leave used and accumulated shall be established and maintained by the school for each employee. Employees shall be advised at each pay period of the status of their sick leave. CREDIT FOR SICK LEAVE: Any employee of BCSA who has accumulated sick leave in any approved accredited school shall be granted credit by this BCSA for such sick leave, but not to exceed a maximum of ninety (90) days. The accumulated sick leave credit shall be granted to the teacher upon furnishing proof in writing from the former school. Legal Ref. Arkansas Code Annotated 6-17-1201 Code: GBH Date Issued/Revised: 6-27-94; 1-3-12; 8-6-2012 LEAVES AND ABSENCES PERSONAL DAYS: Each employee with less than four (4) completed years of employment with BCSA earns two (2) personal days per school year. At the beginning of the fifth year, an employee earns an additional third (3rd) personal day. Days to be used prior to or following a scheduled school holiday will be approved upon written application to the employee's supervisor if substitutes are available. Applications will be dated and the time noted by the receiving offices. The number of available substitutes will be based on average daily usage. Approval will be acquired on a first come, first serve basis. The personal days allowed per year do not accumulate as personal days from year to year, but will revert to sick leave days. Personal days must be requested in advance and are subject to approval/disapproval by the Principal or Superintendent/Executive Director. (Revised 8-6-2012 retroactive to July 1, 2012) LEAVE OF ABSENCE: Employees may be granted a leave of absence for one or two semesters without pay. A minimum of three years continuous satisfactory service must have been completed in the BCSA and the employee recommended for employment for the following year. This service must have been under contract as a full-time person. EXTENDED LEAVE: In the event a teacher uses all his/her accumulated sick leave and is still unable to return to work, s/he can request extended leave. These extended leave days must be consecutive working days. Employees who receive days from the Sick Leave Bank are not eligible for extended leave. Doctor's statement must be attached to the request. The following deductions shall be made from the employee's salary: 1. first fifteen (15) working days of absence, daily rate paid to the substitute; 2. any additional days of absence will be at the full daily rate paid to the employee. LEAVE OF ABSENCE, EMPLOYEES WITH LESS THAN ONE YEAR EXPERIENCE: The BCSA will provide unpaid leave for up to twelve (12) weeks for employees who have a medical emergency. The medical emergency must be for the employee and immediate family members (immediate family members are defined under current sick leave policies). Employees will be required to use earned sick and personal days as part of the leave. Once an employee has used all earned sick and personal days, their pay will be reduced at a daily rate for all days not worked. An employee failing to return to work at the end of the twelve (12) week period will not be guaranteed a position with the BCSA. MILITARY: Employees may be granted leave for conscription into the service due to a national emergency. Such leave shall be approved by the Board and shall be without pay. National Guard and Reserve personnel who attend mandatory training exercises may use two (2) or (3) personal days depending on number of years in the BCSA. Days beyond that will be without pay. CIVIC DUTY*: Certified personnel who are called for jury duty or subpoenaed for other than personal business are paid at their regular rate and a substitute is provided by the BCSA. All jury pay received by the school personnel will be remitted to the BCSA in order to avoid double paying of the employee by receiving their regular salary and jury duty pay. APPLICATION FORMS: Applications must be in writing on the appropriate form state clearly all the details under which the leave is to be granted. When the leave is for medical/health reasons, a doctor's statement is required for documentation and must accompany the application. Applications for leave must be submitted to the administrator. S/he will forward the application to the Administrator's office to be forwarded to the Board for action. *Definition of Civic: Court, jury or governmental duties Legal Ref. Arkansas Code Annotated 6-17-306 Code: GBH Date Issued/Revised: 6-21-93; 1-3-12 LEAVES AND ABSENCES NOTIFICATION OF RETURN: Notification of an employee's intention to resume work or resign after a leave of absence shall be filed in writing with the administrator by March 1, if s/he intends to return in the fall, and by October 1, if the teacher wishes to return in the spring. Failure to respond by the above dates will be taken to indicate resignation. When returning from a leave due to medical reasons the BCSA may require a doctor's release prior to return to work. PLACEMENT UPON RETURN FROM LEAVE: An employee returning from a leave of absence will be assigned, within the BCSA, to a position based on their certification. BENEFITS: Employees who are on leave shall retain their cumulative annual sick leave. PURCHASE OF UNUSED SICK DAYS: At the end of each year, employees with more than ninety sick leave days may sell the excess days back to the BCSA in increments of (5) five days, not to exceed (10) ten in any given year. These days will be purchased at the current substitute rate. BOARD ACTION: All personal leave in excess of the days provided for under the "Personal Days" subsection of this policy must be approved by the Board. Section G-22 FAMILY AND MEDICAL LEAVE ACT OF 1993 The FMLA provides up to twelve weeks of unpaid, job protected leave to "eligible" employees for certain family and medical reasons. Employees are eligible if they have worked for the BCSA for at least one (1) year and for 1,250 hours over the previous twelve months. REASONS FOR TAKING LEAVE: Unpaid leave must be granted for any of the following reasons: A. To care for the employee's child after birth, or placement for adoption or foster care; or B. To care for the employee's spouse, children, or parent who has a serious health condition; or C. For a serious health condition that makes the employee unable to perform the employee's job. D. The BCSA will require the employee to substitute sick leave days for any part of the twelve weeks. APPLICATION FOR FAMILY MEDICAL LEAVE: An employee requesting Family Medical Leave must submit a written application to the Superintendent/Executive Director requesting the leave. Applications are available in the Central Office. The Superintendent/Executive Director will respond in writing to the request within two working days. The BCSA may require medical certification to support a request for leave because of a serious health condition, and may require second and third opinions (at BCSA expense) and a fitness for duty report to return to work. JOB BENEFITS AND PROTECTION: For the duration of FMLA leave, the BCSA must maintain the employee's health coverage under any "group health plan." Employee will continue to pay the premium. Upon return from FMLA leave, employees must be restored to their original position or equivalent position with equivalent pay, benefits, and other employment terms. The use of FMLA leave cannot result in the loss of any employment benefits that accrued prior to the start of an employee's leave. CALCULATION OF THE TWELVE MONTH PERIOD: A rolling twelve -month period looking back from the date on which the FMLA leave is to begin will be used to figure the twelve month period. The BCSA must give at least sixty days notice to all employees if the method of calculation is changed. ADDITIONAL INFORMATION: A detailed explanation of the Family and Medical Leave Act is on file in each building's library and administrator's office. An employee planning to apply for FMLA leave should contact the Central Office for more information. Section G-26 Code: GBH-E Date Issue 1/3/12 REQUEST FOR LEAVE BENTON COUNTY SCHOOL OF THE ARTS Date Requested_____________________________ Approved_______________________ Date TYPE OF LEAVE REQUESTED (CIRCLE ONE): Leave of Absence Military I, __________________________________, request a leave from my present position as _________________________________________ at__________________________________, from______________________________________to_________________________________ _. Month Date Year Month Date Year for the reason listed below: _____________________________________________________________________________ ____ _____________________________________________________________________________ ____ If I am unable to return as scheduled and do not contact my supervisor, I am aware that this will be considered to be voluntary termination without notice. _________________________________________ Employee's Signature ________________________________ Date Section G-27 Code: GBH-F Date Issued/Revised: 1-3-12 APPLICATION FOR FAMILY MEDICAL LEAVE BENTON COUNTY SCHOOL OF THE ARTS (To be filled in by employee) NAME___________________________________________DATE OF HIRE_______________ Reason for leave (Circle the appropriate letter): a the birth of a child or the placement of a child for adoption b to care for a family member (child, spouse, or parent) with a serious health condition c your own serious health condition Answer the following if the leave is for your own serious health condition. What is the nature of your illness? _____________________________________________________________________________ __ _____________________________________________________________________________ __ Is hospitalization required? Yes_________No___________ Are you able to perform the essential functions of the job? Yes_____ No_______ (To be filled out by the Superintendent/Executive Director or Designee) Does the illness qualify the employee under the provisions of the American with Disabilities Act (ADA)? Yes ________________No________________ If Yes, please explain. _____________________________________________________________________________ _______ _____________________________________________________________________________ _______ If the employee is considered disabled, would a reasonable accommodation under ADA enable the employee to continue to perform the job? Yes _________No______________ Is the employee able to perform work of any kind? Yes ____________No______________ Does the employee request all 12 weeks consecutively? Yes ____________No____________ Did you discuss the possibility of intermittent or reduced schedule leave? Yes_______ No___________ Does the employee understand that intermittent or reduced schedule leave will not reduce the total amount of leave available? Yes ____________No _________________ Would it be better to transfer the employee to another job during intermittent or reduced work schedule leave? Yes _______________No________________ Answer the following if the leave is to care for the employee's seriously ill family member. Does the relationship qualify for FMLA? (A son or daughter, biological, adopted, or foster child, step-child, a legal ward, or a child under 18 years old, or 18 or older and incapable of self-care because of mental or physical disability; a husband or wife, including common-law recognition in certain states; and parents. In-laws are not covered by FMLA.) Yes__________________No______________________. Is in-patient hospitalization of the family member required? Yes_________ No____________ Does the patient require assistance for basic medical, hygiene, nutritional needs, safety or transportation? Explain. Ask the employee to state in their own words the care to be provided to the family member and the estimated duration of the treatment. If the employee agrees to an intermittent or reduced schedule leave, put the schedule in writing and have the employee sign Section G-29 Code: GBH-FA Date Issued/Revised: 1-3-12 EMPLOYER RESPONSE TO EMPLOYEE REQUESTING FMLA BENTON COUNTY SCHOOL OF THE ARTS DATE: TO: FROM: SUBJECT: REQUEST FOR FAMILY/MEDICAL LEAVE On ____________________ you notified the BCSA of your need to take family/medical leave due to: ______the birth of child, or the placement of a child with you for adoption or foster care; or ______a serious health condition that makes you unable to perform the essential functions of your job; or ______a serious health condition affecting your_____spouse,_____child, _____parent, for which you are needed to provide care. You notified the BCSA that you need this leave beginning on___________and that you expect the leave to continue until on or about_________________. Except as explained below, you have a right under the FMLA for up to 12 weeks of unpaid leave in a 12 month period for the reasons listed above. Also, your health benefits must be maintained during any period of unpaid leave under the same conditions as if you continued to work, and you must be reinstated to the same or an equivalent job with the same pay, benefits and terms and conditions of employment on your return from leave. This is to inform you that 1. You are _____eligible _______not eligible for leave under FMLA. 2. The requested leave will be counted against your annual FMLA leave entitlement. 3. You_____will _____will not be required to furnish medical certification of a serious health condition. If required, you must furnish certification by ___________________(must be at least 15 days after you are notified of this requirement) or the BCSA may delay the commencement of your leave until the certification is submitted. 4. You will be required to use any accumulated sick and personal days during the FMLA. 5. A. If you normally pay a portion of the premiums for your health insurance, the payments will continue during the period of FMLA leave. An arrangement for these payments has been discussed with you and it is agreed that you will make premium payments by the 10th of each month to the Payroll Department of BCSA. B If payment is not made timely, your group health insurance may be canceled, providing the BCSA notifies you in writing at least 15 days before the date that your health coverage will lapse. The BCSA will not pay your share of health insurance premiums while you are on leave. *The BCSA will not pay the premiums for other benefits (life insurance, disability insurance, etc.) while you are on FMLA. 6. You _____will _____will not be required to present a fitness-for-duty certificate prior to being restored to employment. If such certification is required but not received, your return to work may be delayed until certification is provided. 7. You _____are _____are not a "key employee" as described in par 825.218 of the FMLA regulations. If you are a "key employee" restoration to employment may be denied following FMLA leave on the grounds that such restoration will cause substantial and grievous economic injury to the BCSA. 8. The BCSA _____has _____has not determined that restoring you to employment at the conclusion of FMLA leave will cause substantial and grievous economic harm to the BCSA. Explain: 9. While on leave, you _____will _____will not be required to furnish the BCSA with periodic reports of your status and intent to return to work. If the circumstance of your leave changes and you are able to return to work earlier than the date indicated on your application for leave, you _____will _____will not be required to notify the BCSA at least two working days prior to the date you intend to report for work. 10. You _____will _____will not be required to furnish rectification relating to a serious health condition. (Explain if necessary) Section G-31 Code: GBI Date Issued/Revised: 6-15-92; 1-3-12 CERTIFIED EVALUATION PURPOSE: The primary purpose of the BCSA evaluation process is the improvement of instruction. The evaluation process will include the following systematic analysis of teacher performance, identification of specific competencies, diagnosis of specific needs for improvement, and outline of strategies for improvement efforts. Teacher/principal evaluations will be conducted in accordance with Act 1209 of 2011 and as deemed necessary by principals, Superintendent/Executive Director and Board of Education. This section (Certified Evaluation) should not be construed to create a contractual right with any employee to this or any evaluation process. Nothing about this planned evaluation process, or any portion of this personnel policy, shall be construed to change the at-will employment policy of the Benton County School of the Arts. ANNUAL EVALUATION: It shall be the policy of the Board to require annual evaluation of all teachers. Section G-33 Code: GBM Date Issued/Revised: 5-20-91; 1-3-12 CERTIFIED PERSONNEL - TRANSFER All teachers, administrators, and other staff members are subject to transfer at the direction of the Superintendent/Executive Director. Request for teacher transfers may originate with any of the following persons: (1) teacher, (2) Principal, or (3) Superintendent/Executive Director. Teachers who are to be transferred shall be notified as soon as possible after the decision to transfer has been made. Notification of pending transfer shall be made personally and confirmed in writing. Except in cases of obvious emergency transfers, such notification shall be made no later than the date of all offers to renew contract. Teachers who are the subject of administrative transfers shall be notified of vacancies existing in their fields at the time of notification of transfer. The Superintendent/Executive Director or authorized representative shall see that teachers being transferred are assigned to positions available at the time of notification of transfer for which they are best qualified by training and experience. Teachers who receive administrative transfers shall be given a specific opportunity to present their position with regard to the pending transfer to the executive director of personnel within five working days after notification. In the event the teacher is still dissatisfied with a given decision, s/he may request a conference with the Superintendent/Executive Director. The final authority at the local level is the School Board. For the benefit of all certified personnel, job openings within the BCSA will be posted on the school’s website. Section G-34 Code: GBM-E Date Issued: 6-15-92 REQUEST FOR REASSIGNMENT/TRANSFER -- EMPLOYEE INITIATED BENTON COUNTY SCHOOL OF THE ARTS NAME_______________________________________________________________________ _____ SS#______________________________________DATE______________________________ _____ Present Position: (List special service, position, and/or grade as applicable) _____________________________________________________________________________ _____________ Position to which your are requesting a transfer.______________________________________________ Why are you requesting a reassignment/transfer?____________________________________________ What qualifications do you have that better suits you for the requested position over your present position? _____________________________________________________________________________ ____ Employee's Signature__________________________________________________________________ Present administrator's Signature_________________________________________________________ Requested Position administrator's Signature________________________________________________ Date of Action_________________________________ Action Taken________________________________________________________________________ _ Section G-37 Code: GBO Date Issued/Revised: 8-16-77; 1-3-12 RESIGNATION Any employee who wishes to resign his or her employment with BCSA should provide written notice to BCSA of such intent. Letters stating the details, should be addressed to the BCSA School Board and given to the Superintendent/Executive Director. Section G-38 RESIGNATION STATEMENT BENTON COUNTY SCHOOL OF THE ARTS DATE_____________________________ I, _______________________________________, SS#_________________________________ hereby resign my position as______________________________at________________________. My last day to work is____________________________________________________________. The reason for my resignation is as follows: _____________________________________________________________________________ _ _____________________________________________________________________________ _ My forwarding address is:_________________________________________________________ _____________________________________________________________________________ _ _____________________________________________________________________________ _ Signature___________________________________________________ If you have health insurance with the BCSA group plan, you may be eligible to continue your coverage through COBRA for up to 18 months. You will be responsible for paying the full premium. To see if you qualify, please contact the Personnel Department or visit www.arbenefits.org. Cobra insurance is also available to those employees who qualify. Code: GBQ Date Issued: 6-24-94 Section G-39 PROFESSIONAL PERSONNEL -- RETIREMENT Employees of the BCSA upon retirement shall be eligible for benefits of the Arkansas Teachers Retirement System and other benefits as prescribed by law. Section G-40 Code: GBRAA Date Issued: 6-17-80 PROFESSIONAL PERSONNEL -- HEALTH EXAMINATIONS When employed by the BCSA, professional personnel must submit a health certificate attesting to the person's freedom from tuberculosis. The health certificate may be submitted anytime between three (3) months prior to the official opening of the school year and the end of the first month's employment. Persons employed after the opening of school will have thirty (30) days to secure a health certificate. Payroll may be delayed until a certificate is on file. (Also CGPA) Legal Ref. Arkansas Code Annotated, 6-17-101 Code: GBRE Date Issued/Revised: 7-1-84; 1-3-12 PROFESSIONAL PERSONNEL -- EXTRA DUTY Extra-curricular duties are considered a normal part of a teacher's work. The allocation and assignment of such duties in each school are responsibilities of the Principal. When special duties are assigned to a teacher and when such duties are not regular teaching duties or extra-curricular duties of a nature considered a normal part of a teacher's work, the teacher may be paid an approved stipend for such duties, subject to the discretion of the Superintendent/Executive Director and School Board. Those special duties which receive compensation will be published as part of the salary schedule. Legal Ref. Arkansas Code Annotated 6-17-204 Code: GBRHA Date Issued: 6-1-92 JOB RELATED INJURIES A certified employee shall be granted leave for up to one (1) year, with full pay, from the date of an injury caused by either an assault or other violent criminal act committed against the employee in the course of his/her employment. The leave of absence for personal injury will not be charged to the employee's sick leave. A doctor's statement will be required to verify that the teacher was unable to work due to the injury. Legal Ref. Arkansas Code Annotated 6-17-1209 Section G-41 Code: GBRHB Date Issued/Revised: 5-20-91; 1-3-12 PROFESSIONAL LEAVES AND ABSENCES CONFERENCES AND VISITATIONS Teachers of the BCSA are encouraged to participate in in-service activities through attendance at conferences and visitations relating to their teaching assignments. In case of such absences, the BCSA will provide substitutes as necessary. A teacher wishing to be excused from school to attend a professional conference or convention must make such request to the Principal by completing a PROFESSIONAL DEVELOPMENT RECORD/REQUEST form located on the school’s website. This request should be submitted within a reasonable length of time (minimum of 10 school days) to the building Principal prior to the activity. The request will be acted upon in a timely manner by the building Principal. Confirmation of approval or disapproval will be provided to the requesting teacher in writing and one copy will be forwarded to the Director of Professional Development to be filed. Travel and other expenses may be borne by either the teacher, the individual school, or a combination of these as is agreed upon and reflected in the request form. Any person attending a meeting should be prepared to make a presentation to an appropriate group if so requested. Section G-42 Code: GBRHB-RE Date Issued/Revised: 1-3-12 TRAVEL Employees who travel on school business should complete an Expense Reimbursement Request Form. This form can be obtained from the Forms section on the school’s website. Section G-43 Code: GBRIB-1 Date Issued/Revised: 5-20-91; 1-3-12 SICK LEAVE BANK A sick leave bank is established for the purpose of permitting employees, upon approval, to obtain sick leave in excess of accumulated and current sick leave, when the employee has exhausted all such leave. Only those employees who contribute to the sick leave bank during a given contract year shall be eligible to withdraw from the sick leave bank. The Superintendent/Executive Director shall appoint a Sick Leave Bank Committee. That committee shall consist of Three members: two (2) staff members and one principal. 1. Teachers who have made contributions to the bank may make withdrawals from the bank. Days contributed may not be returned to the teacher. 2. The sick leave bank days may be used only upon exhaustion of a bank member's accumulated sick leave, Personal Days and Non Contract Days, if applicable. 3. Sick leave bank days will be granted only in cases of catastrophic illness of a sick leave bank member, spouse, children, and relatives living in the household. 4. Request for sick leave bank days will be made on a sick leave bank request form submitted to the chairperson or member of the sick leave bank committee. The committee recommends the request form must be accompanied by documentation from the doctor. 5. Sick leave bank days will not be granted in cases when an applicant is covered and drawing on an income protection insurance policy or similar coverage. Those having first day coverage shall not draw from the bank. 6. Sick leave grants made from the bank shall be for up to 20 days for an individual applicant per year, if the days are available. 7. After a sick leave bank member withdraws days from the bank, s/he must contribute one to five days of their sick leave allowance at the beginning of the next school year to reestablish membership in the sick leave bank. 8. When the balance of sick leave bank days drops to 50 or less at the end of the school year, additional days will be requested at the beginning of the next school year. REPORTS: The sick leave bank committee shall be responsible for the proper maintenance and development of records and report forms. The committee shall work closely with the administration in administering the sick leave bank days. Section G-45 Code: GBRIB-R Date Issued: 7-1-82 SICK LEAVE BANK CONTRIBUTION FORM BENTON COUNTY SCHOOL OF THE ARTS I ____________________________________________ hereby request that _________day(s) be (1 to 5 days) deducted from my annual sick leave allowance to contribute to the Sick Leave Bank. ____________________________________ Signature _________________________ Date Section G-46 Code: GBRIB-RE Date Issued: 7-1-82 SICK LEAVE BANK REQUEST FORM Please complete and return to the sick leave bank committee. (Before you are absent and the payroll deduction is made) NAME_________________________________________DATE__________________________ _____ Have you contributed to the sick leave bank system? Briefly describe the nature of your disability or illness and the circumstances that caused you to make this request:______________________________________________________________________ ____ _____________________________________________________________________________ ____ _____________________________________________________________________________ ____ Number of sick leave bank days being requested ________________________ Are you currently being treated by a physician?_________________________ Have you used all of you accumulated sick leave days? ___________________ How many days have you been absent this year due to illness or disability? _______________________ Comments: Committee Use Only: Signature______________________________________________ Date Considered_________________________________________ Approved _______________________Not Approved:_____________________ Number of days credited _____________________Date____________________ Committee Chairperson______________________________________________________________ Section G-47 Code: GBRJ Date Issued/Revised: 6-1-92; 1-3-12 ARRANGEMENT OF SUBSTITUTES Employees who are unable to report to work should contact their building level secretary (for teachers) or immediate supervisor for Principals and classified staff as soon it is determined you will be unable to report to work the next day. The secretary will call substitute teachers on the substitute list to locate a substitute teacher. In the event of classified staff (i.e. Food Service), the Child Nutrition Director and/or Building Principal will seek to find a suitable substitute. Employees who habitually are absent from work and do not call in and notify their school of their absence may be subject to payroll deduction for day(s) missed. Code: GCA Date Issued/Revised: 5-21-90; 1-3-12 STIPENDS In order to formulate an equitable and meaningful stipend schedule, an annual review of each of the activities for which a stipend is being paid shall be conducted. Failure to perform the duties for which the stipend is intended may result in the reduction, repayment or removal of the stipend. Section G-48 Code: GCA-2 Date Issued: 6-27-94 EMPLOYEE BENEFITS INSURANCE: The Personnel Department will have to file and distribute specific information about insurance benefits to employees. WORKERS COMPENSATION: All Employees in the BCSA are covered by Arkansas Worker's Compensation Insurance. All injuries sustained on the job must be reported. The immediate supervisor must be notified immediately of any injury so that appropriate forms may be completed and filed. Even though medical care or hospitalization may be required at the time, it is important that forms be completed and on file in the event later complications arise. Compensation to the injured employee shall not be allowed for the first seven days of disability resulting from injury, excluding the day of injury. If a disability extends beyond that period, compensation shall commence with the ninth day of disability. If a disability extends for a period of two weeks, compensation shall be allowed beginning the first day of disability, excluding the day of injury. SOCIAL SECURITY: All employees are required to be members of the Social Security System. The amount required by law shall be deducted from employee salaries. Code: GCAA Date Issued: 6-27-94 SERVICE CREDIT 120 days or more will be considered a full year of service with the BCSA in accordance with Arkansas Teacher Retirement requirements. LONGEVITY: Longevity is based on four or more continuous years of service with BCSAs and will be restored if the employee returns to the BCSA within 14 months. Longevity for classified personnel who change jobs or have two jobs with the BCSA will be based on the number of continuous year's service with the BCSA. Longevity stays with the employee regardless of the position. EXAMPLE: Employee has 10 years continuous service as a cook. Employee takes a second job as a bus driver; they get 10 years longevity as a bus driver. Section 53 Code: Date Issued: GCAEA 6-27-94 DIRECTORY INFORMATION With respect to BCSA employees, directory information shall not be released for commercial use. Directory information means employee's name, address, home, telephone number, work location and position. Section G-58 Code: GCAG Date Issued/Revised: 5-20-91; 1-3-12 STAFF CONFLICT OF INTEREST No employee shall accept any outside employment that would interfere with professional responsibilities or create a conflict of interest. An employee of the BCSA is not permitted to hold other employment during regular working hours, or employment that would interfere with proper discharge of their duties with the BCSA. An employee of the BCSA shall not during time they are contracted with the BCSA as an agent for any type of supplies or books used by pupils of any school within the BCSA. During the contract period an employee who represents a company may not recommend the product he/she sells. Each certified employee is required to submit an Employee Financial Disclosure Report annually in accordance with A.C.A. 6-24-101 and ACT 1381 of 2005. Code: GCAK Date Issued/Revised: 6-27-94; 1-3-12 REVIEW OF PERSONNEL RECORDS To ensure that an employee's personnel file of record does not contain material that might be adverse to the employee's continued employment, promotion, or advancement, or employment elsewhere, without the employee's knowledge of such material, the employee shall be given the opportunity to sign any such material that is not directed to or does not originate with the employee. The signature shall merely signify that the employee has read the material to be filed. Should the employee decline to sign such material, that fact shall be noted and filed with the material in the employee's personnel file. The employee shall have the right to answer immediately any material filed, and his answer shall be reviewed by Superintendent/Executive Director and attached to the file copy. Upon request of the employee, he/she shall be given immediate access to the file, and shall be furnished a reproduction of any material contained therein. Personnel filed or any of their contents will not be removed from the Administration Building without the consent of the employee, except in cases where it may be necessary in judicial proceedings. The confidential nature of this material will be honored at all times. Other than the employee, no one may have access to an employee's file other than his/her immediate Supervisor and the Superintendent/Executive Director/Designee. Section G-68 Code: GCCDB Date Issued/Revised: 6-27-94; 1-3-12 DRESS AND APPEARANCE The dress and appearance of BCSA employees should be appropriate for job performance and is subject to determination of appropriateness by the immediate supervisor, Principal or Superintendent/Executive Director. Section G-69 Code: Date Issued: GCDE 6-27-94 PAYMENT OF DEBTS Employees for the BCSA are expected to handle financial obligations and meet debt requirements in a responsible manner. Continued failure to pay legal debts may be grounds for disciplinary action, including termination. Garnishment against the BCSA is one of the ways creditors use to collect debts from employees. In addition to adding to the cost of the indebtedness to the employee, this process is expensive to the BCSA. Federal law prohibits an employer from discharging any employee because his earnings have been subject to garnishment for any one indebtedness, but such discharge is not prohibited for earnings being subject to garnishment for more than one indebtedness. After and employee receives a garnishment for an indebtedness, which indebtedness are incurred by the employee (not the employee's spouse), shall result in the termination of the employee, following the procedures for dismissal of the BCSA. Code: Date Issued: GCDJC 6-27-94 PAYROLL INFORMATION SALARY NEW EMPLOYEE: An employee is paid at the daily rate for the position until hired by the school board. After the employee is approved by the school board, the employee is placed on contract at the beginning of the next pay period. No benefits are earned until the employee is placed on contract. PAY CHECK NEW EMPLOYEE: Personnel hired after the start of school will receive their first pay check the second pay period after the date of employment (date they started to work). EXAMPLE: If an employee starts to work prior to the 15th of the month, the first pay check will be at the end of the month. If an employee starts to work after the 15'h of the month, the first check will be the 15th of the next month. Section G-70 Code: Date Issued: GCDRJ 6-27-94 TEMPORARY AND SUBSTITUTE EMPLOYEES The nature and need for temporary and substitute employees is highly unpredictable. Employees are often used on a day-to-day, temporary, or short-term basis according to the needs of the BCSA at that time. Although important to the BCSA, these employees are not afforded the same benefits and status as contracted school employees. Persons employed in a temporary or substitute capacity may receive frequent, intermediate, or infrequent assignments. Failure to receive assignments does not constitute unemployment. Persons receiving frequent assignments should not have the expectation that frequent assignments will continue or that full-time employment will be offered by the BCSA. EXTRA HELP: When extra laborers or helpers are hired, they may be paid by the hour rather than a monthly basis. This shall be done at the discretion of the Superintendent, Principal and Board of Education based upon the proposed length of employment. Code: Date Issued: GCDT 5-20-91 REGULATION OF CONTROLLED SUBSTANCES In an effort to create a healthy environment for students and staff members and in compliance with the provisions of Public Law 101-226, the BCSA School Board prohibits the possession, manufacturing, use or distribution of illegal drugs and alcohol by its employees on school property or by any person who has supervisory responsibilities involving students. ASSISTANCE: The school will attempt to assist any employee in need of alcohol or drug counseling or rehabilitation. Employees who have not been found in violation of this policy, but who think they may have a dependency on drugs or alcohol and who wish to seek treatment for this dependency, may avoid disciplinary action if they report their condition to the administrator or Administrator and enroll in a qualified treatment program as soon as possible. SUSPENSION: The employee will be suspended without pay until proof is provided of enrollment in a drug program, At that time the employee will be granted the full use of the leave policies of the BCSA. The provisions for voluntary commitment may be used one time only. RIGHTS: If an employee is accused of violating this policy, the employee has the right to request a blood test at the school's expense. The school has the right to require a blood test if a reasonable suspicion exists that this policy has been violated. The required blood test will be at the expense of the school. COUNSELING: Employees who have been found in violation, but who will voluntarily seek appropriate counseling and/or rehabilitation services, will be suspended without pay until a hearing is held. SUBJECT TO DISPLINARY ACTION: Any employee violating this policy is subject to disciplinary action. Searches of school property (desks, rooms, storage areas, etc.) may be conducted if there is "probable cause." School officials will cooperate fully with law enforcement personnel in the investigation of any drug or alcohol related incidents involving school employees. DANGERS OF DRUG AND ALCOHOL ABUSE: A person under the influence of illegal drugs or alcohol presents a danger to themselves as well as those with whom they work. Recognizing these dangers, BCSA strongly opposes the use of illegal drugs and alcohol by its employees. Section G-71 Code: Date Issued: GCE 8-20-90 ASSIGNMENT ASSIGNED BY: All employees are subject to assignment at the direction of the Superintendent/Executive upon recommendation by the immediate supervisor or Principal. Whenever possible, employees shall be assigned to positions for which they are best qualified. Members of the same family will not be assigned in the same building unless necessary. Also, while keeping in mind the needs of the BCSA to have a balanced staff (race, sex, experience, etc.) reasonable efforts shall be made to honor employee preference in assignment. Section G-72 Code: GCECH Date Issued/Revised: 6-27-94; 1-3-12 PERSONAL USE OF EQUIPMENT OR FACILITIES The use of any equipment or facility for any personal non-school activity or interest is prohibited. Penalty could range from reprimand to dismissal. Section G-74 Code: GCI-RE Date Issued/Revised: 8-20-90; 1-3-12 CLASSIFIED STAFF EVALUATION BENTON COUNTY SCHOOL OF THE ARTS The purpose of this evaluation is to inform the employee of job performance with the goal of improving performance. An evaluation is to be completed on each Paraprofessional each year and filed with the Personnel Office by May 1 of each year. The evaluation may be conducted on a more frequent basis. This section should not be construed to create a contractual right with any employee to this or any evaluation process. Nothing about this planned evaluation process, or any portion of this personnel policy, shall be construed to change the at-will employment policy of the Benton County School of the Arts. EMPLOYEE'S NAME ____________________________________ DATE_____________________ PRESENT POSITION _______________________________SCHOOL/DEPT__________________ PERIOD COVERED BY THIS EVALUATION:___________________TO______________________ Definition of Evaluation Terms: (circled below) Effective - Producing desired results Unacceptable - Needs immediate improvement Marginal - Work is in need of improvement KNOWLEDGE AND PERFORMANCE OF JOB: Effective F. Marginal Unacceptable A. Ability to accomplish tasks assigned. Resourceful and alert to B. Accomplishes tasks assigned. C. Learns new methods. D. Knowledge of related job(s) in department. H. Work efficiency E. Knowledge of other departments' functions. I. Participation in professional Opportunities for improvement. G. Self-reliance growth opportunities COMMENTS: WORK ATTITUDES: Effective Marginal Unacceptable A. Wise use of time E. Initiative B. Conscientiousness in work. F. Professional attitude toward C. Acceptance of changes in work. D. Cooperation and helpfulness to others. supervision G. Interpersonal skills (staff, parents, students, general public) COMMENTS: PERSONAL: Effective Marginal Unacceptable A. General appearance. E. Dependability B. Personality/disposition. F. Punctuality C. Poise/self control G. Accepts responsibility for work D. Sensitive to individual needs performed Evaluator's Comments: _____Recommended for continued employment (provided funds are available) _____Do not recommend for employment (signature indicates evaluation has been discussed) _______________________________________ ____________________________________ Evaluator Date Employee Date Section G-76 Code: Date Issued: GCKEBB 6-27-94 SOLICITATIONS Commercial solicitation of employees or students during school hours by agents, solicitors, or salesmen is prohibited. Section G-79 Code: GCR Date Issued/Revised: 6-27-94; 1-3-12 WORK SCHEDULES WORKING HOURS: The standard work day for full time non-instructional (classified) personnel shall be eight hours. Actual work schedules which provide for the beginning and ending of the work day shall be approved by the immediate supervisor or Principal. Please note: Some work schedules may vary in length based upon departmental need. See your immediate supervisor if you have questions about your work schedule. SIGN IN/OUT PROCEDURES: Federal Wage and Hour law requires classified personnel who receive an hourly wage, to sign in and out of the work place. Time clocks may be used for record keeping purposes. INCLEMENT WEATHER: Employees contracted for 220 or more days are to report for work on snow days. Employees not reporting for work must fill out a staff absence form showing a personal or non-contract day for each day missed. Sick leave cannot be used to cover snow days. Section G-80 Code: GCRA Date Issued/Revised: 6-27-94; 1-3-12 HEALTH EXAMINATIONS All newly employed employees are required to submit to the Superintendent/Executive Director’s Office a report attesting to the person’s freedom from tuberculosis. The health certificate shall be submitted by the end of the first month of employment and is valid as long as the employee is employed with BCSA. A failed TB test at anytime during employment will result in immediate suspension from work. The employee will be paid during this time as long as the employee as sick leave, personal leave, vacation leave, sick bank leave accrued. Upon exhaustion of all leave days, salary obligations will cease. Section G-81 Code: GCRD Date Issued/Revised: 6-27-94; 1-3-12 COMPENSATORY TIME FOR CLASSIFIED EMPLOYEES State and Federal Laws will determine appropriate compensation for working overtime. Generally, overtime will be considered as compensatory time to be kept on record at the building level and not paid. Any payment of overtime must be authorized by the Principal and the Superintendent/Executive Director. After the accumulation of five days compensatory time, an employee shall be required to begin taking that time. All accumulated compensatory days must be taken before the end of the fiscal year which ends June 30. Code: GCRH Date Issued/Revised: 6-15-92; 1-3-12 NON-CONTRACTED DAYS There will be a certain number of non-contracted days to be determined each year by the school calendar for employees of the BCSA which includes 220, 230 and 245 day contracts. These non-contract days will be given at the rate of one (1) per each 20 days worked. Employees are encouraged to use the non-contracted days during that fiscal year in which they are earned. If an employee does not use the non-contract days in the fiscal year earned, a maximum of twelve days may be carried into the next fiscal year. Should an employee leave the employment of the BCSA before June 30, any non-contract days used in excess of the number of days applied (1 per each 20 days worked) will be recovered from the pay that is due the person at the time of their termination from the BCSA. Permission to take off non-contracted days may be obtained by submitting a request through an employee's immediate supervisor. These days will then be reported to the Payroll Department on a staff absence form. Employees should take into consideration the nature of their duty in planning the date for use of their non-contracted days. The nature of the responsibilities of some employees would indicate that the winter season would be as acceptable, or more acceptable, for non-contracted days. There will be no non-contracted days for employees hired after July 1. Employees will be paid for the exact number of days worked during the first contract year. Employees will be eligible for the normal number of non-contract days the second fiscal year of employment. Section G-82 Code: Date Issued: GCRHA 7-20-92 ADDITIONAL DAYS AFTER 10 YEARS Classified employees who are contracted for 240 days or more during a fiscal year and have accrued ten years of service with the BCSA will qualify for five additional non-contracted days that must be taken during the contract year that begins July 1 and ends June 30. These additional days must be taken along with their regular non-contracted days which the employee has if they remain with the BCSA for the full year. Code: GCRIB Date Issued/Revised: 6-15-92; 1-3-12 NON-CERTIFIED: JURY DUTY Non-certified personnel who are called for jury duty are paid at their regular rate and a substitute is provided by the BCSA if authorized. Jury pay will be remitted to the BCSA to avoid the employee receiving double payment of salary and jury pay. Section G-86 Code: Date Issued: GCRJ 6-27-94 JOB RELATED INJURIES In the event that an employee is injured by an assault or other violent criminal act while performing normal and regular or assigned school responsibilities, the employee will be granted a leave with full pay for a maximum period of one (1) year. Such leave of absence shall not be charged to the sick leave of the employee. A doctor's statement will be required to verify that the employee was unable to work due to the injury. Legal: Act 1233 of 1995 Section G-87 Code: JGCE Date Issued:7-1-89 HUMAN IMMUNODEFICIENCY VIRUS (HIV) ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS) The acquired immunodeficiency syndrome (AIDS) is caused by the human immunodeficiency virus (HIV). Transmission of the virus occurs by TRANSFER of blood, semen, or vaginal fluids from person to person. The four modes of transmission are: 1. Sexual intercourse (oral, vaginal, anal) 2. Sharing needles a. drug use (including steroids) b. tattooing 3. Mother to child a. pre-natal and postpartum (pregnancy and delivery) b. lactation (breast feeding) 4. Transfusion of blood/blood products The majority of infected children acquire the virus from the infected mothers in the prenatal period. None of the, pediatric AIDS cases in the U.S. have demonstrated transmission in the school, daycare or foster care setting; and indeed, casual person-to-person contact is believed to pose no risk for viral transmission. EVALUATION: Students who are medically ill should be evaluated on a case-by-case basis by a team comprised of the student's administrator, physician, a school board appointed physician and public health personnel. The decision to admit should be based on the medical condition of the child including evaluation of his/her immune status and performance status. The most current medical information concerning contagiousness and transmittal will be used. CONFIDENTIALITY: Confidentiality is of extreme importance and therefore the identity of infected students, if not already public knowledge, should be known only to the Administrator, Director of Nursing, school nurse, building health aide, and that student's administrator and teacher. Neither confirmation nor denial of suspicion or positive testing will be given by school officials, even if public knowledge is alleged. RESTRICTIONS: STUDENTS: There are no medical or legal reasons to restrict a child of an HIV infected parent from attending school. Children with HIV infection should not receive live virus vaccines and should be excused from regulations requiring them. Of course, any student, including an HIV infected child, who has contracted a contagious disease, will not be allowed to attend school without clearance from the public health department. EMPLOYEE: Employees who are known to be infected with HIV should be allowed to continue in their capacity unless medically unable as judged on a case-by-case basis by a team comprised of the employee's personal physician, a physician appointed by the School Board, public health personnel and school system administrators. As in the case of students, the most current medical information concerning contagiousness and transmittal will be used. Confidentiality for employees must be maintained. SCREENING: necessary. Routine serology screening of students or employees is not PRECAUTIONS & PROCEDURE: The following standard procedures shall be implemented in order to insure that persons responsible for cleaning facilities and equipment are protected from all communicable diseases. These include: 1. Students and teachers should be encouraged to wash hands as a routine practice. A ten to fifteen second washing with soap after handling body fluids is essential. 2. Blood and/or body fluid spills should routinely be handled using a barrier such as paper towels, plastic garbage receptacles and disposable gloves. Soiled surfaces should be cleaned promptly with disinfectants, such as household bleach, diluted 1:10, one-part bleach to ten parts water. Persons involved in such cleaning should avoid exposure to open skin lesions or mucous membranes by the blood or body fluids. Cleaning implements such as mop heads should be cleaned thoroughly after clearing a blood and/or body fluid spill. Implements should be cleaned with detergent in hot water of 160 degrees Fahrenheit, rinsed, soaked in a one-part bleach to ten parts water solution and rinsed again. 3. Any garbage containing blood or body fluids (i.e. sanitary napkins) should be placed in a plastic bag, securely fastened and disposed of properly. 4. Persons involved in the cleaning of facilities in which blood and/or body fluid spills (i.e. feces, urine) occur should wear disposable gloves and follow routine hand washing procedures. 5. Persons responsible for the cleaning and maintenance of CPR mannequins and CPR instruction should follow the guidelines established by the American Heart Association, the American Red Cross and the Center of Disease Control (CDC). Section G-91 Code: JGCF Date Issued/Revised: 6-15-98; 1-3-12 STAFF ACCESS TO NETWORKED INFORMATION RESOURCES The network is provided for staff and students to conduct research and communicate with others. Communications over the network are often public in nature, therefore general rules and standards for professional behavior and communications will apply. Network administrators will review files and communications to maintain systems integrity and to insure that staff members are using the system responsibly. Users should not expect that files stored on BCSA servers will be private. The following behaviors are not permitted on BCSA networks: 1. Sharing confidential information of students or employees is permitted only in accordance with BCSA guidelines. 2. Sending or displaying offensive messages or pictures. 3. Assisting a campaign for election of any person to any office or for the promotion of, or opposition to any ballot proposition. 4. Using obscene language. 5. Harassing, insulting or attacking others. 6. Engaging in practices that threaten the network (e.g., loading files that may introduce a virus). 7. Violating copyright laws. 8. Unauthorized use of others' passwords. 9. Trespassing in others' folders, documents, or files. 10. Intentionally wasting limited resources. 11. Employing the network for personal gain. The Network Supervisor will report inappropriate behaviors to the employee's supervisor who will take appropriate disciplinary actions. Any other reports of inappropriate behavior, violations, or complaints will be routed to the employee's supervisor of appropriate action. Violations may result in a loss of access and/or disciplinary action including, but not limited to, termination. When applicable, law enforcement agencies may be involved. CHAPTER K Classified Personnel Policy Topic/Subject Section At-Will Employment K.1.A Personnel Salary Schedule K.1 Training K.6 Sick Leave K.7 Family Medical Leave Act (FMLA) K.7 Request for Leave K.7 Emergency Sick Leave K.8 Personal Leave K.9 Professional Leave K.10 Holding Public Office K.12 Jury Duty and Military Leave K.13 Leave – Injury From Assault K.14 Insult and Abuse K.15 Outside Employment K.16 Employment and Assignment K.17 Reimbursement of Expenses K.18 Tobacco Use K.19 Dress and Appearance K.20 Political Activity K.21 Payment of Debts and Salary Deductions K.22 Grievances and Complaints K.23 Supervision of Students K.25 Technology Acceptable Use Policy K.26 Computer Use Agreement Form K.26.F School Calendar K.27 Family Medical Leave Act (FMLA) K.29 Teacher/Employee Deferred Retirement Plan K.30 Transfer K.31 Resignation K.32 Retirement/Accumulated Sick Leave K.33 Solicitation K.34 Previous Work Experience K.35 Benefits K.36 Breaks and Overtime K.37 Bullying K.38 Video Surveillance K.39 Drug Free Work Place K.40 Sex Offenders on Campus K.42 Duty to Report Child Abuse/Maltreatment K.43 Work Place Injuries/Workman’s Compensation K.44 FERPA K.45 Vacation K.46 Travel K.47 Fair Labor Act K.48 CLASSIFIED PERSONNEL The Benton County School of the Arts approved revisions to Non-Certified (Classified) Personnel Policies on January 3, 2012. All personnel policies and regulations in this section pertain to personnel who are not required to hold a teacher’s certificate issued by the State of Arkansas and are employed by the District under a non-certified personnel contract. K.1.A AT-WILL EMPLOYMENT You are employed by the Benton County School of the Arts (BCSA) as an “at-will” employee, and your signature indicating your receipt of the Personnel Policies acknowledges and affirms your acceptance of your employment as an “at-will” employee. The term “at-will” employee, as used in these policies, means that your employment with the BCSA may be terminated by either the BCSA or by you by providing notice of termination to the non-terminating party. The termination may be with or without cause. This policy of at-will employment applies to all BCSA employees, both certified and non-certified. The fact that certain aspects of your employment (such as salary amounts, amount of days of work, et cetera) may be reduced to writing, does not cause or create a contractual relationship between the BCSA and the employee. This “at-will” employment policy is in alignment with the waivers Benton County School of the Arts received from the Arkansas Department of Education and the State Board of Education regarding the Arkansas Teacher Fair Dismissal Act and the Public School Fair Hearing Act. All existing contracts between the BCSA and any of its employees shall expire as of the ending date listed in the contracts, and are not subject to automatic renewal pursuant to the Arkansas Teacher Fair Dismissal Act of 1983 (A.C.A. 6-17-1501 et seq.) or the Arkansas Public School Employee Fair Hearing Act (A.C.A. 617-1701 et seq.). Revised: 1-3-12 K.1 - CLASSIFIED PERSONNEL SALARY SCHEDULES Salary schedules are approved by the BCSA Board of Education based on the recommendation of the Superintendent/Executive Director. Salary Schedules are posted on the BCSA website. Revised: 01-3-12 K.6—CLASSIFIED PERSONNEL TRAINING Non-certified personnel will attend all applicable conferences, workshops, and training sessions as directed by their immediate supervisor. Date Adopted: July 1, 2010 Revised: 01-03-12 K.7— CLASSIFIED PERSONNEL SICK LEAVE Sick leave will be provided to assist any full-time school employee in the event of illness or accident involving the employee or a member of the employee’s immediate family. A doctor’s statement may be required before sick leave is approved. “Immediate family” shall include the employee’s spouse, children, parents, or if you are the primary care giver for other related persons. For sick leave to be approved for family members other than immediate family, the illness or injury must be serious in nature. Accumulated sick leave may be used for funeral attendance. Sick leave may also be used for legal business related to the death of a member of the family. Each full time employee shall be allowed sick leave at the rate of one day per month or major portion thereof for which the employee is contracted, at full pay. Such leave shall be in force beginning with the first day for which each employee is employed. If the employee leaves or resigns before the end of the contracted period, the District shall deduct from the last paycheck full compensation for any days of sick leave used in excess of the number of days earned. In accordance with ACT 40 of 1999, District employees who are husband and wife will be allowed to share accumulated sick leave days up to, but no more than ten days per year. Unused sick leave may be accumulated to ninety days. Employees will continue to earn sick leave at the rate of one day per contracted month or a major portion thereof after ninety days. All employees with more than ninety days of accumulated sick leave at the end of the school year will be paid for the excess days over ninety at the non-certified substitute rate of pay in effect for that school year. Days for which the employees are paid under this policy will be removed from the employees’ accumulated sick leave so that the balance of days carried over to the next school year will equal ninety days. Payment will be made by June 30 of that school year. Employees, who leave the employment of another school district for employment in the Benton County School of the Arts District, shall be granted credit for any unused sick leave accumulated in the former school district, not to exceed ninety days. Such employees must furnish proof of accumulated sick leave in writing from the school district of former employment. Cost of non-covered leave will result in the loss of one day’s pay for each day missed. Excessive absenteeism to the extent that the employee is not carrying out his assigned duties may result in non-renewal or termination. Revised: 01-03-12 Sick Leave and Family Medical Leave Act (FMLA) Leave (See K.29) When an employee takes sick leave, the District shall determine if the leave qualifies for FMLA leave. The District may request additional information from the employee to help make the applicability determination. If the leave qualifies under the FMLA, the District will notify the employee, either orally or in writing, of the decision within two workdays. If the leave is intermittent as defined in this policy and the circumstances of the leave don’t change, the District is only required to notify the employee once of the determination regarding the applicability of sick leave and/or FMLA leaves. To the extent the employee has accrued paid leave; any leave taken that qualifies for FMLA leave shall be paid leave and charged against the employee’s accrued leave. Legal Reference: A.C.A. § 6-17-1301 et seq. 29 USC §§ 2601 et seq. 29 CFR 825.100 et seq. Date Adopted: July 1, 2010 REQUEST FOR LEAVE BENTON COUNTY SCHOOL OF THE ARTS Date Requested_____________________________ Approved_______________________ Date TYPE OF LEAVE REQUESTED (CIRCLE ONE): Leave of Absence Military I, __________________________________, request a leave from my present position as _________________________________________ at__________________________________, from______________________________________to_________________________________ _. Month Date Year Month Date Year for the reason listed below: _____________________________________________________________________________ _____ _____________________________________________________________________________ _____ If I am unable to return as scheduled and do not contact my supervisor, I am aware that this will be considered to be voluntary termination without notice. _________________________________________ Employee's Signature ________________________________ Date Revised: 01-03-12 K.8—CLASSIFIED PERSONNEL EMERGENCY SICK LEAVE Emergency sick leave may be provided to assist any full time school employee in the event of an extraordinary health or medical situation involving the employee or a member of the employee’s immediate family. Immediate family shall include the employee’s spouse, children, parents, or other related persons for whom the employee is the primary care giver. Extraordinary health or medical situation means a catastrophic illness or serious accident which is substantially debilitating and which prevents the employee or family member from engaging in his or her normal activities for a period of more than seven consecutive days. This may include maternity complications. The procedures for application and determination of emergency sick leave are: 1. Application shall be made in writing. The request, which shall be submitted to the central office, shall state the nature of the extraordinary health or medical situation, the identity and relationship of the person affected, if not the employee, and the expected duration of the situation. 2. Applications must be accompanied by the supporting statement of the afflicted person’s physician, whose statement must include both facts and conclusions that substantiate the existence of an extraordinary health or medical situation as defined above. 3. If at the beginning of the school year, the employee has accumulated twenty or more sick days, that employee will be immediately eligible for emergency sick leave, after using all of his/her sick days. Employees with less than twenty days of accumulated sick leave at the beginning of the school year will be docked at their contracted daily rate of pay the difference between the number of days the employee had at the beginning of the year and twenty days required to qualify for this policy. 4. Emergency sick leave will be granted only after all accumulated sick leave days have been used. 5. Emergency sick leave may be granted for up to twenty days for an individual employee per school year for an approved “extraordinary health or medical situation”. The employee will draw full salary during this period of time. 6. In extreme circumstances, emergency sick leave may be granted for an additional twenty days with the employee paying the cost of the substitute. 7. A release from a medical doctor will be required prior to the employee’s returning to work. 8. The Board may grant emergency sick leave after reviewing proper documentation and request forms from the employee. If the situation warrants, the Board will call a special meeting to act on the request. 9. Employees who receive payment for lost wages as a result of a workers’ compensation claim for the same days the employee receives emergency sick leave under this policy, shall reimburse the District the amount received from worker’s compensation for those days. Date Adopted: July 1, 2010 K.9—CLASSIFIED PERSONNEL PERSONAL LEAVE All non-probationary non-certified employees will be eligible for three paid personal days per year. Upon written request to the Superintendent/Executive Director, a fourth and /or fifth day may be requested to accommodate special “once in a lifetime” personal or family opportunities. Noncertified substitute pay will be deducted from the employee’s salary for the fourth and fifth day. 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. School functions, for the purposes of this policy, means: 1. Athletic or academic events related to the District; and 2. Meetings and conferences related to education. For employees other than the superintendent, the determination of what activities meet the definition of a school function shall be made by the employee’s immediate supervisor or designee. For the Superintendent/Executive Director, the School Board shall determine what activities meet the definition of a school function. In no instance shall paid leave in excess of allotted vacation days and/or personal days be granted to an employee who is absent from work while receiving remuneration from another source as compensation for the reason for their absence. No reason need be given, but the employee must give his/her supervisor at least two days notice prior to taking a personal day. The two-day notice may be waived under extenuating circumstances as approved by the supervisor. If the situation warrants, supervisors may limit to three the total number of staff or department members that may be gone for personal and/or professional leave on any given day. Employees who fail to report to work when their request for a personal day has been denied or who have exhausted their allotted personal days, shall lose their daily rate of pay for the day(s) missed (leave without pay). While there are instances where personal circumstances necessitate an employee’s absence beyond the allotted days of sick and/or personal leave, any employee who requires leave without pay must receive advance permission (except in medical emergencies) from their immediate supervisor. Failure to report to work without having received permission to be absent is grounds for discipline, up to and including termination. The days for personal leave will be deducted from the number of accumulated sick leave days. Personal leave may be denied during the first two weeks of school or the last two weeks of school. Personal leave does not accumulate from one contract year to the next. Legal Reference: A.C.A. § 6-17-211 Date Adopted: July 1, 2010 Revised: 01-03-12 K.10—CLASSIFIED PERSONNEL PROFESSIONAL LEAVE The District encourages non-certified personnel to attend professional workshops, as directed by the supervisor. To this end, professional leave is provided. Professional leave shall be defined as temporary leave for the purpose of participating in conventions, workshops, conferences, institutes, meetings or professional organizations that have a direct relationship to the employee’s job description and 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 District employee is subpoenaed to court for a matter arising out of the employee’s employment with the District. A request for professional leave will state the number of days requested and will include an itinerary when available. The request should be submitted to the applicant’s supervisor at least five days prior to the first day of the requested leave. The supervisor should return his answer in writing at least three days prior to the requested leave. A denial of professional leave will include, in writing, the reason for denial. Emergency request will be considered separately. The supervisor’s decision is subject to review and overruling by the superintendent. If the employee does not receive or does not accept remuneration for their participation in the professional leave activity and a substitute is needed for the employee, the District shall pay the full cost of the substitute. If the employee receives and accepts remuneration for their participation in the professional leave activity (e.g. scholastic audits or praxis assessments), the employee shall forfeit his/her daily rate of pay from the District for the time the employee misses. The cost of a substitute, if one is needed, shall be paid by the employee. Personal or professional leave may be denied during the first two weeks of school or the last two weeks of school. During such approved leave, the employee’s pay shall not be deducted. If a substitute is needed during such approved leave, the District shall pay the full cost of the substitute. Budgeting concerns may always be taken into consideration in reviewing a request for professional leave. Legal Reference: A.C.A. § 6-17-211 Date Adopted: July 1, 2010 K.12—CLASSIFIED PERSONNEL PUBLIC OFFICE An employee of the District who is elected to any elective or appointive public office (not legally constitutionally inconsistent with employment by a public school district) shall not be discharged or demoted as a result of such service. No paid leave will be granted for the employee’s participation in such public office. The employee may receive pay for personal leave or vacation (if applicable), if approved in advance by the Superintendent, during his absence. Prior to taking leave, and as soon as possible after the need for such leave is discerned by the employee, he must make written request for leave to the Superintendent/Executive Director, 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 non-renewal or termination of his employment contract. Legal Reference: A.C.A. § 6-17-115, 116 Date Adopted: July 1, 2010 Date Revised: 01-03-12 K.13—CLASSIFIED PERSONNEL JURY DUTY & MILITARY LEAVE 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 or when subpoenaed for other than personal business, 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 may be granted a minimum of one-year leave for service in a national emergency. Such leave shall be approved by the Board and shall be without pay. Applications for leave must be filed with the Superintendent/Executive Director in writing and must clearly state all details under which the leave is requested. Legal Reference: A.C.A. § 16-31-106 Date Adopted: July 1, 2010 Date Revised: 01-03-12 K.14—CLASSIFIED PERSONNEL LEAVE – INJURY FROM ASSAULT The Board shall grant leave at full pay to any employee of the District who is absent from duty in a public school due to personal injury from assault or other violent criminal act committed against the employee in the course of employment in the public school. The leave shall last as long as the employee is unable to return to work, but not to exceed one year from the date of the injury. Leave granted under this provision shall not be charged to the sick leave of the employee. The assault or criminal act must have been reported to and verified by the proper authority, i.e., police, etc. To apply for the leave of absence, and thereafter at the request of the Board after leave is granted, the employee must present a statement from a medical doctor stating that the employee is under the care of a doctor, and that the employee is incapable, by reason of the personal injury sustained, to return to work. The Board may request that the employee be examined by a medical doctor of the Board’s choosing to verify the inability of the employee to return to work. If there is a disagreement between the employee’s doctor and the Board’s doctor, a third opinion shall be requested from a medical doctor that both the employee and the Board agree upon. In such a case, the decision from the agreed upon doctor shall be the decision that the Board and the employee shall abide by. The employee shall not draw worker’s compensation or hold any other job during the time the Board is paying full salary under the conditions of this policy and act. The decision of the Board shall be final, and that decision shall not be subject to appeal through any administrative proceeding, including District grievance policies or procedures. Legal Reference: A.C.A. § 6-17-1209 Date Adopted: July 1, 2010 K.15—INSULT OR ABUSE OF CLASSIFIED PERSONNEL Employees are protected from abusive language and conduct by state law. An employee may report to the police any language that is calculated to: 1. Cause a breach of the peace; 2. Materially and substantially interfere with the operation of the school; and/or 3. Arouse the person to whom the language is addressed to anger, to the extent likely to cause imminent retaliation. Legal Reference: A.C.A. § 6-17-106 Date Adopted: July 1, 2010 K.16—CLASSIFIED PERSONNEL OUTSIDE EMPLOYMENT An employee of the District may not be employed in any other capacity during regular working hours as, assigned by the supervisor. An employee may not accept employment, outside of the District, 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 that 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: July 1, 2010 K.17—CLASSIFIED PERSONNEL EMPLOYMENT AND ASSIGNMENT All prospective employees must fill out an application form provided by the District, in addition to any resume provided, all of which information is to be placed in the personnel file of those employed. If the employee provides false or misleading information, or if he withholds information to the same effect, it may be grounds for dismissal. Soon after being notified of employment (prior to the start of school and before any payment for services) an employee must furnish the business office with: 1. Results of TB skin tests or chest x-ray 2. Social security number 3. Certified statement of experience, if applicable 4. Current driver’s license 5. Birth certificate 6. Clean background check The District will pay all fees associated with the background check for non-certified employees. Employee may be employed contingent upon receipt of the background check. The Board shall employ personnel based upon the Superintendent’s/Executive Director’s recommendations. As a minimum, all employment contracts shall comply with the form mandated by the State Board of Education. Employment of non-certified staff shall be in May. The appropriate District personnel will conduct a personal interview as a part of the hiring procedure. All employees are subject to assignment at the direction of the Superintendent. Insofar as possible, employees shall be assigned to positions for which they are best qualified. The Board shall conduct the school system on a racially nondiscriminatory, non-segregated basis. In the employment of personnel, the Board will not discriminate against any employee or applicant for employment because of age, race, religion, color, sex, national origin, or handicapping condition. Legal Reference: A.C.A. § 6-17-2301 Date Adopted: July 1, 2010 Date Revised: 01-03-12 K.18—CLASSIFIED PERSONNEL REIMBURSEMENT OF 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/Executive Director and that the teacher’s attendance/travel was at the request of the District. It is the responsibility of the employee to determine the appropriate supervisor from which he must obtain approval. Reimbursement claims must be made on forms provided by the District and must be supported by appropriate, original receipts. Copies of receipts or other documentation are not acceptable, except in extraordinary circumstances. Claims for reimbursement must be submitted to the appropriate supervisor within thirty calendar days from the date of incurring the expense. Date Adopted: July 1, 2010 Date Revised: 01-03-12 K.19—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. This policy applies to all employees and applies when they are performing their normal assigned duties on or off school premises or as a part of school activities. All employees are prohibited from using tobacco and tobacco related products on all school premises, on school transportation, and at any school-sponsored function. Any violation of this policy will be considered insubordination and employees will be subject to appropriate disciplinary action. Legal Reference: A.C.A. § 6-21-609 Date Adopted: July 1, 2010 K.20—DRESS OF CLASSIFIED PERSONNEL Employees shall ensure that their dress and appearance are appropriate to their positions. The employee’s immediate supervisor, Principal and/or Superintendent/Executive Director may determine the appropriateness of such dress. Date Adopted: July 1, 2010 Date Revised: 01-03-12 K.21—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 nature of the class. Date Adopted July 1, 2010 K.22—CLASSIFIED PERSONNEL DEBTS & SALARY DEDUCTIONS Except for payroll deductions required by the state or federal government, all deductions made from salary shall be subject to Superintendent’s /Executive Director’s approval and voluntary on the part of the individual employee. For all voluntary deductions, the employee shall complete a form authorizing the deduction and the specific amount. The Superintendent/Executive Director is authorized to establish reasonable cutoff dates for payroll deduction requests. All employees are expected to meet their financial obligations. If an employee writes “hot” checks or has his income garnished, dismissal may result. An employee will not be dismissed for having been the subject of one garnishment. However, a second or third garnishment may result in dismissal. At the discretion of the Superintendent/Executive Director, 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 Board. At the discretion of the Superintendent/Executive Director, a second garnishment may be used as a basis for a recommended dismissal. The Superintendent/Executive Director 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 that come to the attention of the District. Date Adopted: July 1, 2010 Date Revised: 01-03-12 K.23—CLASSIFIED PERSONNEL GRIEVANCES AND COMPLAINTS The schools, recognizing the need for close cooperation between professional staff and immediate supervisors encourage that grievances be resolved formally within each building. However, employees shall have the right to present grievances and in doing so shall be assured freedom from restraint, interference, discrimination, and reprisal in the preparation and processing of such formal written grievances. If the employee's immediate supervisor determines that the employees concern does not constitute a grievance, the employee may appeal that determination. The process used will be the same as for a grievance. The following procedure is hereby established to handle formal written grievances. A grievance must be filed within sixty (60) calendar days of the date an employee becomes aware of or reasonably should have become aware of a grievable issue. DEFINITION: A calendar day is any day other than a scheduled school holiday. Levels of Grievance Processing: Level One – Principal or Immediate Supervisor Level Two – Superintendent/Executive Director Level Three-- School Board LEVEL ONE: The aggrieved staff member shall request a form for filing a grievance from the supervisor, Principal or Superintendent/Executive Director. Once this form has been completed and presented to the supervisor, Principal or Superintendent/Executive Director, the individual should request a conference with the immediate level supervisor or Principal. An effort to resolve the grievance shall be made within fourteen calendar days of the requested conference. LEVEL TWO: a. If the aggrieved staff member is not satisfied with the disposition of his grievance at Level One or no decision has been rendered within fourteen calendar days of the requested conference, s/he must file the grievance with the Superintendent/Executive Director within fourteen calendar days or drop proceedings. c. Within fourteen calendar days after receipt of the written grievance by the Superintendent/Executive Director, the Superintendent/Executive Director will meet with the aggrieved staff member in an effort to resolve the grievance. d. Both the Superintendent/Executive Director and the staff member have the option to request the presence of a selected representative at this conference. LEVELTHREE: If the aggrieved staff member is not satisfied with the disposition of his grievance at Level Two and if no decision has been rendered within fourteen calendar days after the meeting with the Superintendent/Executive Director, s/he must request a hearing before the School Board or drop proceedings. The Board shall grant the request provided such request is made in writing in care of the Superintendent/Executive Director or President of the Board. The Board shall meet within fourteen calendar days of the receipt of the request. This hearing shall be open to the public unless either the Superintendent/Executive Director or the employee requests a private hearing. A closed hearing will include only the Board members and those parties involved in the previous proceedings. Parties involved may be accompanied by two selected representatives. The Board, having final authority in such grievances, shall make an effort to make fair resolution of each grievance. The Board shall have a period of ten days following the hearing in which to render a decision. The Board shall report the resolution of such grievance to the aggrieved staff member within five school days of said decision. Legal Ref: Arkansas Code Annotated 6-17-208 Date Revised: 01-03-12 BENTON COUNTY SCHOOL OF THE ARTS GRIEVANCE FORM SUBMIT TO SUPERINTENDENT/EXECUTIVE DIRECTOR IN DUPLICATE. ATTACH ADDITIONAL SHEETS IF NEEDED. NAME____________________________________ BUILDING___________________ DATE FILED ______________________________ Date cause of grievance occurred__________________________ LEVEL ONE: Statement of grievance:_______________________________________ ______________________________________________________________________Relief sought:___________________________________________________________ ____________________________________________________________________ Action taken:___________________________________________________________ ______________________________________________________________________ Date: __________________ Signature of Employee_____________________________ Signature of Immediate Supervisor/Principal_____________________________________ LEVEL TWO: Date received by Superintendent/Executive Director_______________________________ Action taken:___________________________________________________________ Date__________________________________________________________________ Signature of Employee___________________________________________________ Signature of Administrator_________________________________________________ LEVEL THREE: Date received by President of School Board___________________________________ Date of Board Hearing____________________________________________________ Resolution by the Board__________________________________________________ Signature of Employee __________________________________ Date___________________________ Signature of President of Board____________________________ Date____________________________ SEXUAL HARASSMENT The school recognizes that harassment on the basis of sex is a violation of law and common courtesy. The BCSA is committed to providing a work environment free from sexual harassment and will not tolerate such conduct on the part of any employee. If the facts appear to support such a complaint, immediate action will be taken, including but not limited to discipline, warning, suspension, or termination of the offending personnel. The School Board expects every charge of sexual harassment to be thoroughly investigated. The Equal Employment Opportunity Commission (EEOC) and the BCSA define sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature when: 4. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment. 5. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting the individual. 6. Such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. Forms of sexual harassment include, but are not limited to, the following: 4. Verbal harassment, including derogatory comments, jokes, requests or other unwelcome sexually-oriented language. 5. Physical harassment, including unnecessary or offensive touching, repeatedly brushing against another person's body, or impeding or blocking movement. 6. Visual harassment, including offensive posters, cards, cartoons, graffiti, drawings, or gestures. Any sexual harassment as defined when perpetrated on any student or employee by any student or employee will be treated as sexual harassment under this policy. Any person who believes sexual harassment is occurring should immediately report the offensive conduct or communication to the harassing person’s immediate supervisor, unless said supervisor is the person alleged to have caused the alleged sexual harassment. In such an event, the person who believes he or she has been subject to sexual harassment should immediately report the offensive conduct or communication to the appropriate Immediate Supervisor, Principal or Superintendent/Executive Director. All initial complaints will be investigated and resolved at the lowest possible level. The initial investigation and the complaint shall be handled as a personnel matter in order to provide as much protection and privacy to the grievant and the accused as is permissible under state and federal law. All reports under this policy must be made in writing on Sexual Harassment Report Form #GAEB-R. Forms may be obtained from the Central Office. INVESTIGATIVE PROCEDURE: The supervisor will: 4. Immediately notify the person accused of engaging in the harassing behavior that a sexual harassment report has been filed. A copy of the report will be provided to all parties involved. 5. Investigate the report and take investigative action. The services of an external investigator may be engaged by BCSA to perform the investigation. 6. The results of the investigation will be given to all parties in-writing within ten (I0) working days of the receipt of the report. Results of the initial report and investigation will be maintained by the supervisor unless further personnel action is warranted. If the resolution of the initial complaint and/or subsequent action by either party does not remedy the situation, the initial investigator or grievance should report the continued behavior to the Superintendent/Executive Director. At any point during the Superintendent/Executive Director’s investigation, any party may avail himself/herself of representation. All parties will be apprised of the representation. At the request of either the complainant, Superintendent/Executive Director of BCSA Board of Education, an outside impartial investigator/agency may be requested to assist with the investigation. Within ten (10) working days of receipt of the initial filing of the sexual harassment grievance, a written report will be provided to all parties regarding the findings and recommendations. If more than ten (10) days is required to produce the report, the complainant, Superintendent/Executive Director, and Board of Education will be notified. Action, if warranted, against any employee or student will be in compliance with all state and federal laws and the Board policies of the BCSA. The Superintendent/Executive Director and the School Board will make extraordinary efforts to protect the rights, privileges, and reputations of all employees and students concerned. If the investigation and/or recommended action at any time fail to resolve the situation to the satisfaction of any party, that party may appeal to the School Board. All appeals will be conducted in compliance with BCSA personnel policy and applicable state and federal laws. BENTON COUNTY SCHOOL OF THE ARTS SEXUAL HARASSMENT FORM Submit in duplicate to authority at the level where the grievance is to begin. Attach additional sheets if more space is needed. Level One: Principal/Immediate Supervisor Level Two: Superintendent/Executive Director Level Three: School Board Name of Grievant_____________________________________________________(certified)(classified) Building ____________________________________________________________ Date Filed___________________________________________________________ LEVEL ONE: Received by_________________________________________________________(principal/supervisor) Date_______________________________________________________________ B. Describe the offensive conduct or communication in as much detail as possible (be specific and complete). Include the date(s) on which such conduct occurred or the communication was made and the name of the person accused of engaging in the harassing behavior. C. Relief sought: (This should be completed in detail. Be specific). D. Action taken by Immediate Supervisor/Principal Written report received by______________________________________________(employee) Date received________________________ (My signature indicates only that I have received the written report; it does not signify agreement with the decision.) LEVEL TWO: Received by:_________________________________________________________ (Superintendent/Executive Director) Date A_____Written notice of investigation received by___________________________(employee) Date received___________________________ B______Action taken by the Superintendent/Executive Director: Written report received by ______________________________________________(employee) Date received (My signature indicates only that I have received the written report; it does not signify agreement with the decision.) LEVEL THREE: Request for School Board hearing Received by President of School Board_____________________________________Date__________ Date of Board hearing ________________________________________________________________ Action taken by Board_________________________________________________________________ _____________________________________________________________________________ ______ Signature of Board President______________________________________________Date___________ Written report received by________________________________________________Date___________ (My signature indicates only that I have received the written report; it does not signify agreement with the decision.) Optional: Attach a request for an open hearing and or request for written record Date Revised: 01-03-12 ADA GRIEVANCE The school provides this internal grievance procedure to facilitate a prompt and equitable resolution of complaints alleging any action prohibited by the U. S. Department of Justice regulations implementing Title 11 of the Americans with Disabilities Act. Title 11 states, in part, that "no otherwise qualified disabled individual shall, solely by reason of such disability, be excluded from the participation in, be denied the benefits for, or be subjected to discrimination" in programs or activities sponsored by a public entity. Complaints should be addressed to: Equity Coordinator, 400 NW 2nd, BCSAAR 72712, or call 501-271-1100. The Equity Coordinator has been designated to coordinate ADA compliance efforts. The following procedures are to be followed to expedite such complaints: 2. A complaint should be filed in writing or verbally, giving the name and address of the person filing it, and a brief description of the alleged violation of the regulations. 3. The complaint should be filed within five (5) working days after the complainant becomes aware of the alleged violation. 4. An investigation, as may be appropriate, will follow a filing of the complaint. The investigation shall be conducted by the Equity Coordinator. This process contemplates informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint. 4. A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by the Equity Coordinator and a copy forwarded to the complainant no later than ten (I0) working days after its filing. 6. The Equity Coordinator will maintain the files and records of the BCSA relating to the complaints filed. 7. The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the resolution. The request for reconsideration should be made in writing within ten (10) days to the administrator. 8. The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person's pursuit of other remedies such as the filing of an ADA complaint with the responsible federal department or agency. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies. 9. This entire process shall be constituted to protect the substantive right of interested persons, to meet appropriate due process standards, and to assure that the BCSA complies with the ADA and implementing regulations. *These procedures are for members of the public, clients, visitors, and any other individuals not covered under the BCSA grievance policy. Employees are expected to follow the “chain of command” regarding grievances or work conditions perceived to be threatening or undesirable. The chain of command consists of, in order, immediate supervisor, building principal, and Superintendent/Executive Director. If resolution is not achieved at either level, the employee may file a grievance with the Board of Education. K.25—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/Executive Director. shall direct all principals to establish regulations ensuring staff supervision of students throughout the school day and at extracurricular activities. Non-certified staff shall: 1. Conduct themselves in a professional manner at all times. 2. Never comment unprofessionally about any student, school employee, or parent. 3. Never disclose confidential information about any student, school employee, or parent. 4. Never use profanity, language, gestures, or actions that are normally considered offensive or insulting. 5. Avoid religious and/or political discussions with students, school employees, or parents during working hours. 6. Never hit, spank, or otherwise discipline students. All discipline will be referred to the building principal. Date Adopted: July 1, 2010 K.26—CLASSIFIED PERSONNEL TECHNOLOGY ACCEPTABLE USE POLICY The Benton County School District provides computers and/or Internet access to assist employees in performing work related tasks. Computers are the property of the District and are provided solely for educational use. The District agrees to allow the employee identified below to use the District's technology under the following terms and conditions: Conditional Privilege: The Employee's use of the District's access to the Internet is a privilege conditioned on the Employee's abiding to this agreement. Acceptable Use: The Employee agrees that in using the District's Internet access he/she will obey all federal and state laws and regulations. Internet access is provided as an aid to employees to enable them to better perform their job responsibilities. Under no circumstances shall an Employee's use of the District's Internet access interfere with, or detract from, the performance of his/her job-related duties or interfere with the rights of others to access the network, Internet, or Intranet. Penalties for Improper Use: If the Employee violates this agreement, the Employee shall be subject to disciplinary action up to and including termination or non-renewal of the employment contract. Misuse of the District's computers includes, but is not limited to, the following: 1. Using the Internet for any activities deemed lewd, obscene, vulgar, or pornographic as deemed by prevailing community standards. 2. Using abusive or profane language in private messages on the system or using the system to harass, insult, or verbally attack others. 3. Posting anonymous messages on the system. 4. Using encryption software. 5. Wasteful use of limited resources provided by the school, including paper and printing supplies. 6. Excessive use of computers, computer equipment, or Internet access for personal use. 7. Causing congestion of the network through lengthy downloads of files. 8. Vandalizing data of another user. 9. Obtaining or sending information that could be used to make destructive devices such as guns, weapons, bombs, explosives, or fireworks. 10. Gaining unauthorized access to resources or files. 11. Identifying oneself with another person's name or password or using an account or password of another user without proper authorization. 12. Using the network for financial or commercial gain without District permission, theft or vandalism of data, equipment, or intellectual property. 13. Invading the privacy of individuals. 14. Using the Internet for any illegal activity, including computer hacking and copyright or intellectual property law violations. 15. Introducing a virus to, or otherwise improperly tampering with the system. 16. Degrading or disrupting equipment or system performance. 17. Creating a web page or associating a web page with the school or the District without proper authorization. 18. Attempting to gain access or gaining access to student records, grades, or files of students not under their jurisdiction. 19. Providing access to the District's Internet Access to unauthorized individuals or taking part in any activity related to Internet use which creates a clear and present danger of the substantial disruption of the orderly operation of the District or any of its schools. 20. Installing unauthorized software. 21. Purchasing hardware or software without approval from the building principal or the District’s technology staff. 22. Moving hardware without the permission of the technology staff. 23. Using unauthorized devices or attaching unauthorized devices to the network including but not limited to: personal computers, PDA’s, WiFi enabled phones, and wireless access points. If additional technology equipment is needed in the performance of duties, it should be requested through District Technology Services (DTS). 24. Passwords or security procedures are to be used according to District security policy, 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. When users are logged in, workstations must not be left unattended. Users should log out or lock the workstation when not in use. All equipment that contains sensitive data must be secured to deter theft. No sensitive data shall be retained on laptop, desktop, or remote devices (home computer, thumb drives, personal digital assistants, cell phones, CDs, etc.) unless encrypted in accordance with the Arkansas State Security Office’s Best Practices. 25. Email accounts are provided to District and contract employees as deemed necessary for conducting official district business. Guest Teachers are not granted network access or email accounts. Violations of this policy will be subject to disciplinary action. No Expectation of Privacy: Benton County School of the Arts provides computers and/or computer Internet access for many employees to assists employees in performing work related tasks. Employees are advised 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. The Employee agrees that the District may monitor the employee’s use of the Internet and may also examine all system activities the Employee participates in, including but not limited to email, voice, and video transmissions, to ensure proper use of the system. No employee or student related reprimands or other disciplinary communications or sensitive student data should be made through email. Legal Reference: 20 USC 6801 et seq. (Children’s Internet Protection Act; PL 106-554) A.C.A. § 6-21-107, A.C.A. § 6-21-111 Date Adopted: July 1, 2010 K.26F—CLASSIFIED PERSONNEL COMPUTER USE AGREEMENT FORM Signature: The Employee, who has signed below, has read the Employee Computer Use Policy and agrees to be bound by its terms and conditions. Name (Please Print) ______________________________________________________ School ___________________________________________ Date _________________ Employee's Signature ___________________________________ Date______________ Date Adopted July 1, 2010 K.27 – CLASSIFIED PERSONNEL SCHOOL CALENDAR The Certified Personnel Policies Committee (PPC) will present a proposed a school calendar to the Superintendent/Executive Director for recommendation for approval to the BCSA Board of Education. 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. Date Revised: 01-03-12 K.29—CLASSIFIED PERSONNEL FAMILY MEDICAL LEAVE Definitions Active Duty: is duty under a call or order to active duty under a provision of law referred to in 10 USC § 101(a) (13) (B). Contingency Operation: has the same meaning given such term in 10 USC § 101(a)(13). Covered Service Member: is a member of the Armed Forces, including a member of the National Guard or Reserves, who is a undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness. Eligible Employee: is an employee who has been employed by the district for at least twelve months and for 1,250 hours of service during the twelve month period immediately preceding the commencement of the leave. Full time, licensed teachers are considered to have met the 1,250 hour requirement for eligibility. Health Care Provider: is a doctor of medicine or osteopathy who is authorized to practice medicine or surgery (as appropriate) by the state in which the doctor practices. It also includes any other person determined by the U.S. Secretary of Labor to be capable of providing health care services. Instructional Employee: is a teacher whose principal function is teach and instruct students in a class, a small group, or an individual setting and includes, athletic coaches, driving instructors, and special education assistants such as signers for the hearing impaired. The term does not include administrators, counselors, librarians, psychologists, or curriculum specialists who are included under the broader definition of “eligible employee” (to the extent the employee has been employed for twelve months). Next of Kin: used in respect to an individual, means the nearest blood relative of that individual. Outpatient Status: used in respect to a covered service member, means the status of a member of the Armed Forces assigned to: 1. A military medical treatment facility as an outpatient; or 2. A unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients. Parent: is the biological parent of an employee or an individual who stood in loco parentis to an employee when the employee was a son or a daughter. Serious Health Condition: is an injury, illness, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider. Serious Injury or Illness: used in respect to a member of the Armed Forces, including the National Guard or Reserves, it means an injury or illness incurred by the member in the line of duty on active duty in the Armed Forces that may render the member unfit to perform the duties of the member’s office, grade, rank, or rating. Year: the twelve month period of eligibility shall begin on the first duty day of the school year. Policy The provisions of this policy are intended to be in line with the provisions of the FMLA. If any conflict(s) exist, the Family Medical Leave Act of 1993 shall govern. Leave Eligibility The District will grant up to twelve weeks of leave in a year accordance with the Family Medical Leave Act of 1993 (FMLA) to its eligible employees for one or more of the following reasons: 1. Because of the birth of a son or daughter of the employee and in order to care for such son or daughter; 2. Because of the placement of a son or daughter with the employee for adoption or foster care; 3. In order to care for the spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition; and 4. Because of a serious health condition that makes the employee unable to perform the functions of the position of such employee. 5. Because of any qualifying exigency (as the U.S. Secretary of Labor shall, by regulation, determine) arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation. The entitlement to leave for reasons 1 and 2 listed above shall expire at the end of the twelve month period beginning on the date of such birth or placement. An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered service member shall be entitled to a total of twenty-six weeks of leave during one twelve month period to care for the service member. During the single twelve month period, the eligible employee is entitled to a combined total of twenty-six weeks of leave to care for the covered service member and for reasons 1 through 5 listed above. Leave taken, which does not include caring for a covered service member, is limited to twelve weeks in a year. If husband and wife are both eligible employees employed by the District, the husband and wife are entitled to a total of twenty-six weeks of leave during one twelve month period to care for their spouse, son, daughter, parent, or next of kin who is a covered service member. During the single twelve month period, the eligible husband and wife are entitled to a combined total of twenty-six weeks of leave to care for a covered service member and for reasons 1 or 2 listed above or to care for a parent with a serious health condition. Leave taken, which does not include caring for a covered service member, is limited to a combined total of twelve weeks in a year when taken for reasons 1 or 2 listed above or to care for a parent with a serious health condition. District Notice to Employees The District shall post, in conspicuous places in each school within the district, where notices to employees and applicants for employment are customarily posted, a notice explaining the FMLA’s provisions and providing information about the procedure for filing complaints with the Department of Labor. Employee Notice to District Foreseeable: When the need for leave is foreseeable for reasons 1 through 4 or for the care of a covered service member listed above, the employee shall provide the District with not less than thirty days' notice, before the date the leave is to begin, of the employee's intention to take leave for the specified reason, except that if the date of the treatment requires leave to begin in less than thirty days, the employee shall provide such notice as is practicable. As soon as practicable means as soon as both possible and practical, taking into account all of the facts and circumstances in the individual case. When the necessity for leave is for reason 5 listed above is foreseeable, whether because the spouse, son, daughter, or parent of the employee is on active duty, or because of notification of an impending call or order to active duty in support of a contingency operation, the employee shall provide such notice to the District as is reasonable and practicable. When the need for leave is for reasons 3 or 4 or for the care of a covered service member listed above, the employee shall make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the District subject to the approval of the health care provider of the spouse, son, daughter, or parent of the employee. Failure by the employee to give thirty days notice may delay the taking of FMLA leave until at least thirty days after the date the employee provides notice to the District. Unforeseeable: When the approximate timing of the need for leave is not foreseeable, an employee shall provide the District notice of the need for leave as soon as practicable given the facts and circumstances of the particular case. Ordinarily, the employee shall notify the District within two working days of learning of the need for leave, except in extraordinary circumstances where such notice is not feasible. Notice may be provided in person, by telephone, telegraph, fax, or other electronic means. Medical Certification When the need for leave is for reasons 3 or 4 listed above or for the care of a covered service member, the employee should provide a medical certification from a licensed, practicing health care provider supporting the need for leave at the time the notice for leave is given, but must provide certification at least fifteen days prior to the date the leave is to begin. The certification shall include the date on which the serious health condition began, the probable duration of the condition, and the appropriate medical facts within the knowledge of the health care provider regarding the condition. Leave taken for reason 3 listed above, must include certification that the eligible employee is needed to care for the son, daughter, spouse, or parent and an estimate of the amount of time the employee is needed to provide the care. For reason 4 listed above, the certification must include a statement that the employee is unable to perform the required functions of his/her position. If FMLA leave is to be taken on an intermittent of reduced work schedule basis for planned medical treatment, the certification shall include the dates on which such treatment is expected to be given and the duration of such treatment. Second Opinion: In any case where the District has reason to doubt the validity of the certification provided, the District may require, at its expense, the employee to obtain the opinion of a second health care provider designated or approved by the employer. If the second opinion differs from the first, the District may require, at its expense, the employee to obtain a third opinion from a health care provider agreed upon by both the District and the employee. The opinion of the third health care provider shall be considered final and be binding upon both the District and the employee. Recertification: The District may request the employee obtain a recertification, at the employee’s expense, no more often than every thirty days unless one or more of the following circumstances apply; 1. The employee requests an extension of leave; 2. Circumstances described by the previous certification have changed significantly; and/or 3. The District receives information that casts doubt upon the continuing validity of the certification. The employee must provide the recertification in no more than fifteen calendar days after the District’s request. No second or third opinion on recertification may be required. Sick Leave and Family Medical Leave Act (FMLA) Leave When an employee takes sick leave, the District shall determine if the leave qualifies for FMLA leave. The District may request additional information from the employee to help make the applicability determination. If the leave qualifies under the FMLA, the District will notify the employee, either orally or in writing, of the decision within two workdays. If the leave is intermittent or on a reduced schedule as defined in this policy and the circumstances of the leave do not change, the District is only required to notify the employee once of the determination regarding the applicability of sick leave and/or FMLA leave. To the extent the employee has accrued paid leave, any leave taken that qualifies for FMLA leave shall be paid leave and charged against the employee’s accrued leave. Concurrent Leave The District requires employees to substitute any applicable accrued leave for any part of the twelve week period of FMLA leave. All FMLA leave is unpaid unless substituted by applicable accrued leave. Workers Compensation FMLA leave may run concurrently with a workers’ compensation absence when the injury is one that meets the criteria for a serious health condition. To the extent that workers compensation benefits and FMLA leave run concurrently, the employee will not be charged for any paid leave accrued by the employee. If the health care provider treating the employee for the workers compensation injury certifies the employee is able to return to a “light duty job,” but is unable to return to the employee’s same or equivalent job, the employee may decline the district’s offer of a “light duty job.” For the duration of the employee’s FMLA leave, the employee will be paid for the leave to the extent that the employee has accrued applicable leave. Health Insurance Coverage The District shall maintain coverage under any group health plan for the duration of FMLA leave the employee takes at the level and under the conditions coverage would have been provided if the employee had continued in active employment with the District. The employee remains responsible for any portion of premium payments customarily paid by the employee. When on unpaid FMLA leave, it is the employee’s responsibility to submit their portion of the cost of the group health plan coverage to the District’s business office on or before it would be made by payroll deduction. If an employee gives unequivocal notice of intent not to return to work, or if the employment relationship would have terminated if the employee had not taken FMLA leave, the District’s obligation to maintain health benefits ceases. If the employee fails to return from leave after the period of leave to which the employee was entitled has expired, the District may recover the premiums it paid to maintain health care coverage unless: 1. The employee fails to return to work due to the continuation, reoccurrence, or onset of a serious health condition that entitles the employee to leave under reasons 3 or 4 listed above; and/or 2. Other circumstances exist beyond the employee’s control. Circumstances under “a” listed above shall be certified by a licensed, practicing health care provider verifying the employee’s inability to return to work. Reporting Requirements During Leave Employees shall inform the District every two weeks during FMLA leave of their current status and intent to return to work. Return to Work Medical Certification: An employee who has taken FMLA leave under reason 4 stated above shall provide the District with certification from a health care provider that the employee is able to resume work. Return to Previous Position: An employee returning from FMLA leave is entitled to be returned to the same position the employee held when leave commenced, or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment. An equivalent position must involve the same or substantially similar duties and responsibilities, which must entail substantially equivalent skill, effort, and authority. The employee may not be restored to a position requiring additional licensure or certification. Failure to Return to Work: In the event that an employee is unable or fails to return to work, the Superintendent/Executive Director will make a determination at that time regarding the documented need for a severance of the employee’s contract due to the inability of the employee to fulfill the responsibilities and requirements of their contract. Date Revised: 01-03-12 APPLICATION FOR FAMILY MEDICAL LEAVE BENTON COUNTY SCHOOL OF THE ARTS (To be filled in by employee) NAME___________________________________________DATE OF HIRE_______________ Reason for leave (Circle the appropriate letter): a the birth of a child or the placement of a child for adoption b to care for a family member (child, spouse, or parent) with a serious health condition c your own serious health condition Answer the following if the leave is for your own serious health condition. What is the nature of your illness? _____________________________________________________________________________ __ _____________________________________________________________________________ __ Is hospitalization required? Yes_________No___________ Are you able to perform the essential functions of the job? Yes_____ No_______ (To be filled out by the Superintendent/Executive Director or Designee) Does the illness qualify the employee under the provisions of the American with Disabilities Act (ADA)? Yes ________________No________________ If Yes, please explain. _____________________________________________________________________________ _______ _____________________________________________________________________________ _______ If the employee is considered disabled, would a reasonable accommodation under ADA enable the employee to continue to perform the job? Yes _________No______________ Is the employee able to perform work of any kind? Yes ____________No______________ Does the employee request all 12 weeks consecutively? Yes ____________No____________ Did you discuss the possibility of intermittent or reduced schedule leave? Yes_______ No___________ Does the employee understand that intermittent or reduced schedule leave will not reduce the total amount of leave available? Yes ____________No _________________ Would it be better to transfer the employee to another job during intermittent or reduced work schedule leave? Yes _______________No________________ Answer the following if the leave is to care for the employee's seriously ill family member. Does the relationship qualify for FMLA? (A son or daughter, biological, adopted, or foster child, step-child, a legal ward, or a child under 18 years old, or 18 or older and incapable of self-care because of mental or physical disability; a husband or wife, including common-law recognition in certain states; and parents. In-laws are not covered by FMLA.) Yes__________________No______________________. Is in-patient hospitalization of the family member required? Yes_________ No____________ Does the patient require assistance for basic medical, hygiene, nutritional needs, safety or transportation? Explain. Ask the employee to state in their own words the care to be provided to the family member and the estimated duration of the treatment. If the employee agrees to an intermittent or reduced schedule leave, put the schedule in writing and have the employee sign : EMPLOYER RESPONSE TO EMPLOYEE REQUESTING FMLA BENTON COUNTY SCHOOL OF THE ARTS DATE: TO: FROM: SUBJECT: REQUEST FOR FAMILY/MEDICAL LEAVE On ____________________ you notified the BCSA of your need to take family/medical leave due to: ______the birth of child, or the placement of a child with you for adoption or foster care; or ______a serious health condition that makes you unable to perform the essential functions of your job; or ______a serious health condition affecting your_____spouse,_____child, _____parent, for which you are needed to provide care. You notified the BCSA that you need this leave beginning on___________and that you expect the leave to continue until on or about_________________. Except as explained below, you have a right under the FMLA for up to 12 weeks of unpaid leave in a 12 month period for the reasons listed above. Also, your health benefits must be maintained during any period of unpaid leave under the same conditions as if you continued to work, and you must be reinstated to the same or an equivalent job with the same pay, benefits and terms and conditions of employment on your return from leave. This is to inform you that 2. You are _____eligible _______not eligible for leave under FMLA. 3. The requested leave will be counted against your annual FMLA leave entitlement. 4. You_____will _____will not be required to furnish medical certification of a serious health condition. If required, you must furnish certification by ___________________(must be at least 15 days after you are notified of this requirement) or the BCSA may delay the commencement of your leave until the certification is submitted. 5. You will be required to use any accumulated sick and personal days during the FMLA. 6. A. If you normally pay a portion of the premiums for your health insurance, the payments will continue during the period of FMLA leave. An arrangement for these payments has been discussed with you and it is agreed that you will make premium payments by the 10th of each month to the Payroll Department of BCSA. B If payment is not made timely, your group health insurance may be canceled, providing the BCSA notifies you in writing at least 15 days before the date that your health coverage will lapse. The BCSA will not pay your share of health insurance premiums while you are on leave. *The BCSA will not pay the premiums for other benefits (life insurance, disability insurance, etc.) while you are on FMLA. 7. You _____will _____will not be required to present a fitness-for-duty certificate prior to being restored to employment. If such certification is required but not received, your return to work may be delayed until certification is provided. 8. You _____are _____are not a "key employee" as described in par 825.218 of the FMLA regulations. If you are a "key employee" restoration to employment may be denied following FMLA leave on the grounds that such restoration will cause substantial and grievous economic injury to the BCSA. The BCSA _____has _____has not determined that restoring you to employment at the conclusion of FMLA leave will cause substantial and grievous economic harm to the BCSA. Explain: 10. While on leave, you _____will _____will not be required to furnish the BCSA with periodic reports of your status and intent to return to work. If the circumstance of your leave changes and you are able to return to work earlier than the date indicated on your application for leave, you _____will _____will not be required to notify the BCSA at least two working days prior to the date you intend to report for work. 11. You _____will _____will not be required to furnish rectification relating to a serious health condition. (Explain if necessary) Date Revised: 01-03-12 Intermittent or Reduced Schedule Leave Eligible employees may only take intermittent or reduced schedule leave for reasons 1 and 2 listed above if the District agrees to permit such leave upon request of the employee. Eligible employees may take intermittent or reduced schedule leave due to reasons 3 and 4 listed above or to care for a covered service member if they have: 1. Made a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the employer, subject to the approval of the health care provider of the employee or the health care provider of the son, daughter, spouse, or parent of the employee, as appropriate; and 2. Provided the employer with not less than thirty days' notice, before the date the leave is to begin, of the employee's intention to take leave under such subparagraph, except that if the date of the treatment requires leave to begin in less than thirty days, the employee shall provide such notice as is practicable. Eligible employees requesting intermittent or reduced schedule leave that is foreseeable based on planned medical treatment may be transferred to an alternative position for which the employee is qualified with equivalent pay and benefits that better accommodates the employee’s intermittent or reduced schedule leave. If an eligible employee who meets the definition of an instructional employee requests intermittent or reduced schedule leave that is foreseeable based on planned medical treatment and the employee would be on leave for greater than twenty percent of the total number of working days in the period during which the leave would extend, the district may require the employee to elect either: 1. To take medical leave for periods of a particular duration, not to exceed the duration of the planned medical treatment; or 2. To transfer temporarily to an available alternative position offered by the employer for which the employee is qualified and that has equivalent pay and benefits and better accommodates recurring periods of leave than the regular employment position of the employee. Leave Taken By Eligible Instructional Employees Near The End of the Academic Term Leave more than five weeks prior to end of term: If the eligible, instructional employee begins leave, due to reasons 1 through 5 listed above or to care for a covered service member, more than five weeks prior to the end of the academic term, the district may require the employee to continue taking leave until the end of such term, if: 1. The leave is of at least three weeks duration; and 2. The return to employment would occur during the three week period before the end of such term. Leave less than five weeks prior to end of term: If the eligible, instructional employee begins leave, due to reasons 1 through 3 listed above or to care for a covered service member, during the period that commences five weeks prior to the end of the academic term, the district may require the employee to continue taking leave until the end of such term, if: 1. The leave is of greater than two weeks duration; and 2. The return to employment would occur during the two week period before the end of such term. Leave less than three weeks prior to end of term: If the eligible, instructional employee begins leave, due to reasons 1 through 3 listed above or to care for a covered service member, during the period that commences three weeks prior to the end of the academic term and the duration of the leave is greater than five working days, the agency or school may require the employee to continue to take leave until the end of such term. Legal References: 29 USC 2601 et seq. 29 CFR 825.100 et seq. Date Adopted: July 1, 2010 K.30—TEACHER DEFERRED RETIREMENT OPTION PLAN Teachers and other school employees who elected T-DROP with the Arkansas Teacher Retirement System before September 1, 2003 will be paid a stipend in an amount equal the teacher retirement matching, not to exceed 12%, less the amount required by law to be paid to the Arkansas Teacher Retirement System. The amount will be paid as a bonus each year the employee works for the District after choosing T-DROP up to the 10 year limitation on T-DROP participation. Once the employees ceases to be an active participant in T-DROP after the 10 year limitation, no further stipends will be payable under this policy. Teachers and other school employees who elected T-DROP with the Arkansas Teacher Retirement System on or after September 1, 2003 are not eligible for the stipend. Legal Reference: A.C.A. 24-7-1301 et al Date Adopted: June 10, 2003 Last Revised: June 10, 2008 K.31—CLASSIFIED PERSONNEL TRANSFERS AND VACANCIES When there is a vacancy, any staff member who is qualified by training and experience may request a transfer to the vacant position. This request must be made in writing to the supervisor or building principal in whose building the vacancy occurs. Transfers may be granted if it is in the best interest of the total school program as determined by the building principal/principals involved, supervisor, the Superintendent/Executive Director, and the Board. In cases where there is more than one qualified candidate for a vacancy, the person that is best suited by training, experience, and other qualities deemed necessary will be selected to fill the position. Reasonable efforts shall be made to notify employees currently employed in the District of vacancies occurring so that applications for transfer can be timely made and considered. A qualified District employee who submits a written notification of interest in the position will be granted an interview before outside applicants are considered. During the school year, notice of a vacancy may be posted in buildings for a period of not less than five school days prior to filling the vacancy. Applications for transfer will be accepted during this time. Employee job openings will also be posted on the District web site. The District reserves the right to transfer employees within the District. During the summer months, notification will be handled as follows: Any employee desiring to transfer from one position to another may leave his/her name, summer address, telephone numbers, and a position desired with the Superintendent/ExecutiveDirector or his designee. If a resignation is tendered during the summer months the person requesting notification of the vacancy can be notified by mail or telephone prior to the position being filled. Date Adopted: July 1, 2010 Date Revised: 01-03-12 K.31F—CLASSIFIED PERSONNEL REQUEST FOR NOTIFICATION OF VACANCIES FORM This form is to be used by all current staff members who are qualified for and interested in applying for specific vacancies that may occur during the summer. Name __________________________________________________________________ Present Position __________________________________________________________ Building ________________________________________________________________ Position or positions in which I am interested: ________________________________________________________________________ ________________________________________________________________________ Summer Address: ____________________________________________________ ____________________________________________________ ____________________________________________________ Telephone___________________________________________ Date of this Request:___________________________________ Return completed form to: Benton County School of the Arts District 2005 S. 12th St. Rogers, AR 72758 This form is a request for notification of vacancies. Once you receive notice of a vacancy that is of interest to you, it is your responsibility to make formal application for the job in question. Date Adopted: July 1, 2010 K.32—CLASSIFIED PERSONNEL RESIGNATION Any employee who wishes to resign shall give a minimum of thirty-calendar day’s written notice of such intent. Written notice should be addressed to the Board and given to the supervisor or administration office. Fewer than thirty days notice requires mutual agreement between the Board and the staff member. Date Adopted: July 1, 2010 K.32F— CLASSIFIED PERSONNEL RESIGNATION STATEMENT FORM I, _______________________________________________________, hereby resign my position as ______________________________________________________________, effective ________________________________________________________________. My forwarding address is: _____________________________________ _____________________________________ _____________________________________ ___________________________________ ____________________________ Signature Date Date Adopted: July 1, 2010 K.33— CLASSIFIED PERSONNEL RETIREMENT PAY FOR ACCUMULATED SICK LEAVE 1. All employees who retire from the Benton County School of the Arts District will be paid for all days in excess of thirty days up to ninety days for accumulated sick leave days. 2. Payment for accumulated sick leave will be at the non-certified substitute rate of pay in effect for that school year. 3. Payment will be made by the end of the school term so that the payment is included in the employee’s final salary provided that documentation has been received by the Superintendent’s office that the person is eligible for and will be drawing benefits from either the Arkansas Teacher Retirement System or the Arkansas Public Employees Retirement System. 4. Employees who retire and receive benefits from either the Arkansas Teacher Retirement System or the Arkansas Public Employees Retirement System that return to work for the District under contract will continue to accrue sick leave days as provided by law (currently one day per month). However, the employee shall not qualify for emergency sick leave and no further payment for accumulated sick leave will be made. 5. An employee may choose to receive payment for unused sick leave before retirement if he/she is eligible to and does elect T-DROP. The employee will receive the non-certified substitute rate of pay for accumulated sick leave. That amount will be paid to the employee at the end of the school year before participation in T-DROP begins provided the employee has on file with the Superintendent’s office a copy of the properly completed T-DROP election form. The employee will continue to accrue sick leave days as provided by law (currently one day per month) after electing T-DROP. However, the employee shall not qualify for emergency sick leave and no further payment for accumulated sick leave will be made. Employees electing T-DROP who choose not to receive payment for accumulated sick leave under paragraph 5 of this policy shall be considered retired under paragraph 1 through 3 of this policy when that employee actually ceases to be under contract with the Benton County School of the Arts. Date Adopted: July 1, 2010 K.34— CLASSIFIED PERSONNEL ARRANGEMENTS FOR SUBSTITUTES Employees who are unable to report for work for any reason shall follow current District administrative procedures and policies for notifying supervisors of absences and substitute arrangements. The contracting and paying of substitutes shall be a responsibility of the District. Date Adopted: July 1, 2010 K.35—CLASSIFIED PERSONNEL VERIFICATION AND CREDIT FOR PREVIOUS EXPERIENCE Employees of the District who are not required to hold an Arkansas Teaching certificate as a condition of employment (non-certified employees) shall be granted credit for all prior years experience on the District’s non-certified salary schedule: 1. Employees must have worked a minimum of 120 days with the previous employer(s) during each school year to receive one-year credit on the salary schedule. A partial school year from more than one employer during a single school year may be combined to meet the 120 day minimum. In no case shall more than one year credit be granted for any one school year. 2. Credit shall be granted in full year increments only. 3. A “day” under this policy is defined as being of at least five hours duration. 4. The experience must have been in a position directly related to the position the employee is being contracted for in the District. “Directly Related” means skills and abilities learned from prior work experience outside the District that increases the employee’s abilities to perform the work being contracted for in the District. 5. The Superintendent/Executive Director or designate will award credit for prior work experience based on the recommendation of the employee’s supervisor. 6. Employees transferring from one job within the District to another job in the District may lose or gain credit for previous experience under this policy. 7. Written verification, signed by the appropriate school or business official, is required on forms provided by the District or their equivalent substitute. a. Credit may be granted pending verification and the employee’s contract shall be noted as contingent upon receipt of this verification. b. Credit not verified or that does not qualify once verification has been received shall be removed from the contract. The overpayment shall be deducted from the employee’s remaining payroll checks for that school year. c. Credit claimed by the employee after the initial contract has been issued will be granted during the year verification is received and approved. Credit will not be applied retroactively to prior school years. Date Adopted: July 1, 2010 Date Revised: 01-03-12 K.36—CLASSIFIED PERSONNEL BENEFITS The Benton County School of the Arts District provides a comprehensive benefit package to meet the needs its non-certified personnel and their families. For each eligible employee, the District: 1. Contributes per month for medical insurance. 2. Contributes the state required matching to the Arkansas Teacher Retirement System. 3. Provides one sick leave day per calendar month worked as required by law. 4. Provides up to twenty days emergency sick leave with an option for twenty additional days. 5. Provides personal leave. 6. Provides professional leave. 7. Provide jury duty and military leave. See 8.14 – Non-Certified Personnel Jury Duty and Military Leave. 8. Offers a wide range of supplemental insurance plans available by payroll deduction. 9. Offers tax sheltered 403b available by payroll deduction. 11. Offers a Section 125 “cafeteria plan” for qualifying insurance premiums and medical expenses that can result in substantial tax savings. Legal Reference: A.C.A. § 6-17-201 Date Adopted: July 1, 2010 Date Revised: 01-03-12 K.37—CLASSIFIED PERSONNEL PAID BREAKS AND OVERTIME Two fifteen minute breaks will be provided during each regular workday for those non-certified employees working more than twenty hours per week. Employees who are expected to work twenty hours per week or less will not receive paid breaks. Employees may take their thirty minute duty free lunch and fifteen minute breaks consecutively for a full hour lunch break if requested by the employee in writing and approved by the principal or supervisor. Non-certified employees who are not administrators, supervisors, or considered exempt employees under the Fair Labor Standards Act are prohibited from: 1. Working at times other than their scheduled work hours unless specifically authorized by the principal or supervisor. Written authorization shall be kept with the employee’s time 2. Taking work home with them. If the employee’s total hours worked during the week exceeds contracted hours: 1. If the employee’s supervisor required the employee work overtime, the employee may be paid overtime at 1.5 times the employee’s hourly rate of pay or compensatory time off may be taken prior to June 30, with supervisor’s approval, at 1.5 times the overtime hours worked. 2. If the overtime was not required by the employee’s supervisor, compensatory time off will be granted and must be taken , with supervisor’s approval, prior to June 30, at 1.5 times the overtime hours worked. Violation of this policy will result in disciplinary action including termination. Legal Reference: Act 1752 of 2003 Date Adopted July 1, 2010 K.38—CLASSIFIED PERSONNEL RESPONSIBILITIES GOVERNING BULLYING School employees who have witnessed, or are reliably informed that, a student has been a victim of bullying as defined in this policy, including a single action which if allowed to continue would constitute bullying, shall report the incident(s) to the principal. The principal or his/her designee who receives a credible report or complaint of bullying shall promptly investigate the complaint or report and make a record of the investigation and any action taken as a result of the investigation. Bullying of a public school student or a public school employee is prohibited. The person or persons reporting behavior they consider to be bullying shall not be subject to retaliation or reprisal in any form. District employees are required to help enforce implementation of the District’s anti-bullying policy. The District’s definition of bullying is included below. Students who bully another person are to be held accountable for their actions whether they occur on school, school equipment or property, off school grounds at a school sponsored or school approved function, activity, or event; or going to or from school or a school activity. Students are encouraged to report behavior they consider to be bullying, including a single action which if allowed to continue, would constitute bullying, to their teacher, staff member, or the building principal. The report may be made anonymously. BCSA shall provide training on compliance with the antibullying policies to all public school employees responsible for reporting or investigating bullying under this section. 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 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; 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. Electronic act means without limitation a communication or image transmitted by means of an electronic device, including without limitation a telephone, wireless phone or other wireless communications device, computer, or pager that results in the substantial disruption of the orderly operation of the school or educational environment. Electronic acts of bullying are prohibited whether or not the electronic act originated on school property or with school equipment, if the electronic act is directed specifically at students or school personnel and maliciously intended for the purpose of disrupting school, and has a high likelihood of succeeding in that purpose; Harassment means a pattern of unwelcome verbal or physical conduct relating to another person's constitutionally or statutorily protected status that causes, or reasonably should be expected to cause, substantial interference with the other's performance in the school environment. Substantial disruption means without limitation that any one or more of the following occur as a result of the bullying: Necessary cessation of instruction or educational activities; Inability of students or educational staff to focus on learning or function as an educational unit because of a hostile environment; Severe or repetitive disciplinary measures are needed in the classroom or during educational activities; or Exhibition of other behaviors by students or educational staff that substantially interfere with the learning environment. Examples of Bullying may include but are not limited to a pattern of behavior involving one or more of the following: Sarcastic compliments about another student’s personal appearance, Pointed questions intended to embarrass or humiliate, Mocking, taunting or belittling, Non-verbal threats and/or intimidation such as “fronting” or “chesting” a person, Demeaning humor relating to a student’s race, gender, ethnicity or personal characteristics, Blackmail, extortion, demands for protection money or other involuntary donations or loans, Blocking access to school property or facilities, Deliberate physical contact or injury to person or property, Stealing or hiding books or belongings, and/or Threats of harm to student(s), possessions, or others. Legal Reference: A.C.A. § 6-18-514 Date Adopted: July 1, 2010 Date Revised: 01-03-12 K.39—CLASSIFIED PERSONNEL VIDEO SURVEILLANCE The Board has a responsibility to maintain discipline, protect the safety, security, and welfare of its students, staff, and visitors while at the same time safeguarding district facilities, vehicles, and equipment. As part of fulfilling this responsibility, the Board authorizes the use of video/audio surveillance cameras. The placement of video/audio surveillance cameras shall be based on the presumption and belief that students, staff and visitors have no reasonable expectation of privacy anywhere on or near school property, facilities, vehicles, or equipment, with the exception of places such as rest rooms or dressing areas where an expectation of privacy is reasonable and customary. Signs shall be posted on District property and in or on District vehicles to notify students, staff, and visitors that video cameras may be in use. Violations of school personnel policies or laws caught by the cameras may result in disciplinary action. The District shall retain copies of video recordings until they are erased which may be accomplished by either deletion or copying over with a new recording. Videos containing evidence of a violation of district personnel policies and/or state or federal law shall be retained until the issue of the misconduct is no longer subject to review or appeal as determined by Board policy or staff handbook; any release or viewing of such records shall be in accordance with current law. Staff who vandalize, damage, defeat, disable, or render inoperable (temporarily or permanently) surveillance cameras and equipment shall be subject to appropriate disciplinary action and referral to appropriate law enforcement authorities. Video recordings may become a part of a staff member’s personnel record. Date Adopted: July 1, 2010 K.40— 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. 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/Executive Director, 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 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/Executive Director within the five 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/Executive Director of having been so charged shall result in that employee being recommended for termination by the Superintendent/Executive Director. 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 five calendar days to the Superintendent/Executive Director. Within ten 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. Legal References: 41 USC § 702, 703, and 706 Date Adopted: July 1, 2010 Date Revised: 01-03-12 K.41F—DRUG FREE WORKPLACE POLICY ACKNOWLEDGEMENT CERTIFICATION I hereby certify that I have been presented with a copy of the Benton County School of the Arts 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 __________________ Legal References: 41 USC § 702, 703, and 706 Date Adopted: July 1, 2010 K.42—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— 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. 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. 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. Legal Reference: A.C.A. § 12-12-913 (g) (2) Arkansas Department of Education Guidelines for “Megan’s Law” A.C.A. § 5-14-132 Date Adopted: July 1, 2010 K.43—CLASSIFIED PERSONNEL DUTY TO REPORT CHILD ABUSE, MALTREATMENT OR NEGLECT It is the statutory duty of non-certified school district employees who are mandatory reporters and who have reasonable cause to suspect child abuse or maltreatment to directly and personally report these suspicions to the Arkansas Child Abuse Hotline, by calling 1-800-482-5964. Failure to report suspected child abuse, maltreatment or neglect by calling the Hotline can lead to criminal prosecution and individual civil liability of the person who has this duty. Notification of local or state law enforcement does not satisfy the duty to report; only notification by means of the Child Abuse Hotline discharges this duty. The duty to report suspected child abuse or maltreatment is a direct and personal duty for statutory mandatory reporters, and cannot be assigned or delegated to another person. There is no duty to investigate, confirm or substantiate statements a student may have made which form the basis of the reasonable cause to believe that the student may have been abused or subjected to maltreatment by another person; however, a person with a duty to report may find it helpful to make a limited inquiry to assist in the formation of a belief that child abuse, maltreatment or neglect has occurred, or to rule out such a belief. Employees and volunteers who call the Child Abuse Hotline in good faith are immune from civil liability and criminal prosecution. By law, no school district or school district employee may prohibit or restrict an employee or volunteer who is a mandatory reporter from directly reporting suspected child abuse or maltreatment, or require that any person notify or seek permission from any person before making a report to the Child Abuse Hotline. Legal References: A.C.A. § 12-12- 507(b) Date Adopted: July 1, 2010 K.44—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 Central Office. An injured employee must complete Form N immediately, or as soon as practical, after the injury. Form N shall be forwarded to the Central Office once completed. While many injuries will require no medical treatment or time lost from 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 has exercised its right to designate the initial treating physician or clinic and an injured employee is directed to seek medical attention, if necessary, from the designated physician or clinic. Employees who seek medical attention must have the Doctor’s release to return to work. Employees who are not released by the Doctor to return to work on the day of the injury will not be penalized as a result for the time missed that day. An employee who is absent from work due to a workplace injury may use accrued sick leave during the first seven calendar days (up to five work days) following the day of the injury even if those days are later paid by workers compensation. After this first seven calendar days, employees can only use accrued sick leave for work days missed due to a workplace injury not paid by temporary disability benefits from a Workers’ Compensation claim. Employees will be docked by the District at their daily rate of pay for the days paid from the Workers’ Compensation claim. In the event Workers Compensation does not pay the employee lost wages due to the workplace injury, the employee may continue to use accrued sick leave after the initial seven calendar day period. An employee who is absent from work due to a workplace injury will be docked at their daily rate of pay for all days missed not covered by accrued sick leave. Sick leave days used for workplace injuries will not be restored to the employee. Workers’ Compensation absences may be designated as FMLA absences when the criteria are met under FMLA for a serious health condition. Legal References: Ark. Workers Compensation Commission RULE 099.33 – MANAGED CARE A.C.A. § 11-9-508(d)(5)(A), A.C.A. § 11-9-514(a)(3)(A)(i) Date Adopted: July 1, 2010 K.45—RELEASE OF STUDENT’S FREE AND REDUCED PRICE MEAL ELIGIBLITY INFORMATION As part of the District’s participation in the National School Lunch Program and the School Breakfast Program, the District collects eligibility data from its students. The data’s confidentiality is very important and is governed by federal law. The District has made the determination to release student eligibility status or 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/Executive Director 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. Date Adopted: July 1, 2010 Date Revised: 01-03-12 K.46-- VACATION All personnel who work 230 days or more shall have off all holidays as specified by the Superintendent/Executive Director and shall earn two weeks annual leave or vacation with full pay. Employees that worked ten consecutive years will receive three weeks annual leave or vacation with full pay. Each employee must request their vacation period and have it approved by the Superintendent/Executive Director thirty days in advanced of its start. Date Adopted: July 1, 2010 Date Revised: 01-03-12 K.47—TRAVEL Employees who travel on school business should complete a reimbursement form. This form can be obtained on the BCSA website. Date Revised: 01-03-12 K.48—COMPLIANCE WITH THE FAIR LABOR STANDARDS ACT The Benton County School of the Arts School District shall comply with those portions of the Fair Labor Standards Act (FLSA) that relate to the operation of public schools. Definitions Overtime is hours worked in excess of 40 hours per workweek. Compensation given for hours not worked such as for holidays or sick days do not count in determining hours worked per workweek. Workweek is the seven day consecutive period of time from 12:00 am on Sunday to midnight on the following Saturday. Regular Rate of pay includes all forms of remuneration for employment and shall be expressed as an hourly rate. Hours Worked Employees shall be compensated for all the time they are required to be on duty and shall be paid for all hours worked each workweek. Employees shall accurately record the hours they work each week. Each employee working more than 20 hours per week shall be provided two paid 15 minute duty free breaks per workday. Employees shall be provided an unpaid 30 minute duty free lunch break each working day. Employees shall be paid at 1.5 times the regular rate of pay for all hours worked over 40 hours in a workweek. Employees who work two different contracts shall be paid according to the rate of pay established by the U.S. Department of Labor Coefficient Table for Computing Extra Half-Time for Overtime. Authorization of Overtime There will be instances where the district’s needs make it necessary for an employee to work overtime. It is the Board’s desire to keep overtime 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. Date Adopted: July 1, 2010 CHAPTER I Instructional Programs Policy Code Policy Topic/Subject Section IDD Special Program................................................................ I-2 IDDC-R Homebound Instruction....................................................... I-2 IDDF Special Education...............................................................I-3 IDDFA Special Education-Identification, Location and Evaluation........... I-3 IDDEA-R Special Education-Procedures for Identifying, Locating & Evaluating Handicapped Children & Determination of Need....... I-4 IDDFB Special Education-Establishing Priorities................................. I-4 IDDFC Special Education-Parent Involvement.................................... I-4 IDDFD Special Education-Least Restrictive Environment..................... I-5 IDDFD-R Special Education-Least Restrictive Environment..................... I-5 IDDFE Special Education-Education Plan......................................... I-6 IDDFE-R Special Education-Education Plan......................................... I-7 IDDFF Special Education-Procedural Safeguards.............................. IFBA Teacher Aides................................................................... I-8 IHB Home Study - Independent Study Skills.................................. I-8 IHG Concurrent Credit Guidelines................................................ I-1 I-8 Section I-2 Code: IDD Date Issued: 8-16-77 SPECIAL PROGRAM In keeping with its desire to provide the education possible for all students of the BCSA. The Board shall provide special programs for the educational and/or environmentally disadvantaged, the Board, as applicable and upon recommendation of the Administrator, shall participate in federal and/or state funded programs offered in these educational areas. Code: IDDC-R Date Issued: 8-16-77 HOMEBOUND INSTRUCTION Any student 5 to- 21 years old who, because of illness, injury, or the nature and/or extent of his/her handicapping condition requires homebound or hospital instruction shall, upon approval, receive educational services during the academic year within his/her facility of confinement for as long as the handicapping condition prevents the student from safely and adequately attending school. A statement by the attending physician as to the student's diagnosis, reason for confinement, and approximate length of time such services will be needed must be submitted to the special education supervisor prior to approval. Homebound and hospital instruction is then provided upon approval by the administrator of the school in which the child is enrolled and the special education supervisor. In cases in which the child is not enrolled in public school, application is made to the special education supervisor if they are a legal resident of Bentonville. The BCSA Plan for Special Education contains proper forms and instructions for provision of homebound and hospital instruction. Students shall receive a minimum of twelve hours of instruction per month, with a minimum of three hours each week to be counted for full attendance. Days and times should be distributed to the best advantage of student and teacher. Provision of homebound instructional services is subject to re-evaluation of eligibility. Services which extend for a period of three months will be required to be reevaluated in terms of continued eligibility and/or referral to more appropriate services. Section I-3 Code: IDDF Date Issued: 8-16-77 SPECIAL EDUCATION In keeping with current legislation and the philosophy of the school, the Board recognizes the right of handicapped children to a free public education. Children who qualify for special education services are those who experience physical, mental, emotional or learning disabilities, or combinations of such disabilities. These handicapping conditions will have in common the effect of preventing the child from adequately growing and developing without special help. Special Education is designed to deliver to these children the extra help they need in order to overcome or alleviate the learning difficulties posed by the presence of such handicaps. Special education consists of a series of strategies by which individual learning needs are assessed and services planned and carried out to meet these needs; the form that special education takes depends on the individual child. This calls for development of individual educational plans based on child needs. The Board endorses the concept of providing services which enable the handicapped child to be educated along with the non-handicapped children as part of the regular school environment to the greatest extent possible. Procedures in regard to special education are outlined in the BCSA Plan for Special Education. These procedures shall be in compliance with Act 102, PL94-142, the State Plan for Special Education and shall be changed to keep current with legal opinions and/or legislation. In order to obtain the most appropriate education, it may be necessary for some special education students to attend classes in school outside the regular school and/or school. Tuition arrangements can be made in such cases where the school deems it necessary. Code: IDDFA Date Issued: 9-20-77 SPECIAL EDUCATION - IDENTIFICATION, LOCATION AND EVALUATION It shall be the policy of the BCSA that all children residing within its jurisdiction who are handicapped, regardless of the severity of their handicap, and are in need of special education and related services are identified, located, and evaluated, and that a practical method is developed and implemented to determine which children are currently receiving needed special education and related services and which children are not receiving such education and services. Section I-4 Code: IDDEA-R Date Issued: 9-20-77 SPECIAL EDUCATION PROCEDURES FOR IDENTIFYING, LOCATING & EVALUATING HANDICAPPED CHILDREN & DETERMINATION OF NEEDS All children whether or not they are receiving educational services may be referred by a concerned party to the administrator of the school or the special education supervisor. After parental consent and a referral conference, they may receive evaluation services in order to determine if they require special education and related services to profit from their education. Evaluations shall be conducted by qualified personnel. All protections and assurances afforded the child by Procedures for Evaluation and Placement (adopted by the State School Board, June 13, 1977) shall be afforded by the Bentonville school. An ongoing public campaign shall be conducted to make all residents of the BCSA aware of special education services available within the BCSA. An active search shall also be conducted for any handicapped child who is not currently receiving any educational services. Code: IDDFB Date Issued: 9-20-77 SPECIAL EDUCATION - ESTABLISHING PRIORITIES It shall be the policy of the BCSA to establish priorities for providing a free appropriate public education to all handicapped children; first with respect to handicapped children who are not receiving an education, and second with respect to handicapped children, within each disability, with the most severe handicaps who are receiving an inadequate education. Code: IDDFC Date Issued: 9-20-77 SPECIAL EDUCATION - PARENT INVOLVEMENT It shall be the policy of the BCSA to involve parents and guardians of handicapped children in (1) the planning and evaluating of their child's program and (2) in planning and evaluating full education opportunities for all handicapped children. The composition of our Special Education Advisory Council has been submitted in the Act 102 Local BCSA Plan. Section I-5 Code: IDDFD Date Issued: 9-20-77 SPECIAL EDUCATION - LEAST RESTRICTIVE ENVIRONMENT The BCSA shall establish that: A. To the extent appropriate, handicapped children in public or private institutions or other care facilities are educated with children who are not handicapped and that B. Special classes, separate schooling or other removal of handicapped children from the regular education environment occurs only when the nature or severity of the handicap is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. This policy shall not be construed to include either the wholesale placement of handicapped students in the regular classroom or the wholesale exclusion from self-contained programs. Through the use of appropriate referral/placement procedures, the most appropriate educational services are determined for each individual handicapped child. After careful consideration of evaluation data and an assessment of the child's level of functioning, placement in the regular program, a special program, or a combination of both could result. In no instance shall the implementation of the policy on least restrictive setting result in a reduction in the quality of services or produce a harmful effect on the child. The BCSA has established a continuum of services for handicapped students. The appropriate educational service for each child is selected from the continuum and further defined in the child's individual educational plan. Once this determination has been made and the child has been placed with appropriate parental involvement and consent, that educational setting may be termed the least restrictive setting for that child. The BCSA assures: That handicapped child's educational placement shall be individually determined, be determined at least annually, and be used on his/her individualized educational program. That, to the extent necessary to implement the individualized education program for each handicapped child in an applicable agency, that agency must provide, or arrange for the provision of all of the alternative settings included below: 1. Regular class with indirect services within regular classes. 2. Regular class with direct services and instruction within regular class. 3. Regular class with resource room services. 4. Self-contained special classroom with part-time instruction in a regular class. 5. Self-contained special class full-time on a regular school campus. 6. Self-contained special class in a special public day school facility. 7. Self-contained special class in private day school facility. 8. Public residential school facility. 9. Private residential school facility. 10. Hospital program. 11. Homebound. That, except where a handicapped child's individual education program requires some other arrangement, the child shall be educated in the school which he/she would normally attend if not handicapped. That steps must be taken to assure that the implementation of the least restrictive environment provision will not produce a harmful effect on the child or reduce the quality of services which he/she requires. To facilitate this process, a chart indicating alternative settings available to a child and offered by the LEA will be indicated on an attachment to each child's IEP. Available settings and dates of placements initiated, reviewed, and dismissed will be noted. Section I-6 Code: Date Issued: IDDFE 9-20-77 SPECIAL EDUCATION - EDUCATION PLAN It shall be the policy of the BCSA that individualized education programs for all children receiving special education services be established and maintained. The development, review, and revision of the IEP's must include: 1. IEP's will be developed and/or revised at the beginning of each school year and reviewed and revised at least annually. 2. The BCSA is responsible for initiating and conducting planning conferences. 3. Parents will be afforded an opportunity to participate in the planning conference at a mutually agreed upon time and place. Procedures for providing sufficient documentation of attempts to arrange a mutual setting should be included to allow the conference to occur without parents. Provision for interpreters or other facilitators for parental participation in the case of a communication barrier on the part of the parent shall be documented. 4. Planning conferences will be conducted. The planning conference may be held at the end of the school year or during the summer. 5. The planning conference may include but not be limited to: a. A representative of the education agency. (Principal or his designee) b. The child's teacher(s). c. One or both parents will be notified. d. Child (when appropriate). 6. The individualized education program (IEP) will include: a. A statement of the child's present level of education performance. b. A statement of the annual goals describing anticipated behavior to be achieved and based on the child's unique needs. c. A statement of the short-term instructional objectives. d. A statement of the special education services and instructional materials to be provided including special education and related services required to meet the child's unique needs. e. A description of the extent to which the child will participate in regular education programs. f. Projected date for the initiation and anticipated duration of service. g. Appropriate objective criteria, evaluation procedures and schedules for determining, on at least an annual basis, whether the instructional objectives are being achieved. h. List the individuals responsible for implementing the IEP. Section I-8 Code: Date Issued: IDDFF 9-20-77 SPECIAL EDUCATION - PROCEDURAL SAFEGUARDS The following statement outlines the policy 0? the BCSA on procedural safe-guards for assuring due process procedures for parents and children under PL 94-142. All procedural safeguards as set forth in Procedures for Evaluation and Placement, adopted by the State School Board on June 13, 1977, are adopted by the BCSA. The specific areas in which procedural safeguards shall be afforded are: 1. Prior notice 2. Impartial hearings 3. Parental consent 4. Independent evaluations 5. Confidentiality 6. Surrogate parents 7. Non-discriminatory testing Code: Date Issued: IFBA 8-16-77 TEACHER AIDES The Board endorses the concept of teacher aides to work with the classroom teacher to provide more individualized instruction for students. Code: IHB Date Issued: 3-10-86 HOME STUDY/INDEPENDENT STUDY SKILLS Home study is an extension of the regular school day. Whenever home study is given, it should supplement, compliment, reinforce, and relate to the mastery of a subject. Home study is a vital part of the learning process. Students must assume responsibility for their class work just as they will assume job responsibility in the future. Students and their parents/guardians have a responsibility for the student's mastery of the subject matter. The learning process is a joint effort. Home study and/or individual study units will be discussed fully in the classroom so that parents are not required to give instruction. Parents can do their part to improve homework by: 1. Cooperating with the school to make homework effective. 2. Providing their child with suitable study conditions (desk or table, light, books and supplies.) 3. Reserving a time for homework and turning off the television. 4. Encouraging their child, but avoiding undue pressure. 5. Showing interest in what their child is doing, but not doing the work for them. 6. Understanding that the school expects homework to be completed and returned on time. The student's responsibility is to complete all home study assignments and to turn them in on the designated due date. Parents shall be notified when a student repeatedly fails to complete home study assignments. The teacher's responsibility is to provide instruction to each student so that mastery of the subject matter can occur. The assignment of home study is an outgrowth of that classroom instruction. Understanding that the subject matter being taught lends itself to different "types" of home study, the following are examples of home study assignments given to students in the BCSA: 1. Independent practice of newly learned skills 2. Independent practice to reinforce learned skills 3. Expansion activities beyond the subject matter presented in class 4. Introduction of new material (such as the reading of a chapter in the text with a stated purpose for the reading) 5. Independent student projects, approved by the teacher The following statements serve as guidelines for classroom teachers as they make decisions about home study: 1. Home study must be relevant to the instruction in the classroom. 2. Skills taught in the classroom should first be guided and practiced in the classroom under the teacher's supervision. 3. Home study assignments of newly learned material should be as short as possible and still retain meaning. 4. Classroom assignments not completed by the student during the instruction day can be required home study. 5. Each teacher giving an assignment from the text in class where only classroom sets of books are available should make provision for books to be taken home. 6. Teachers should present copied materials that can be seen clearly and have instructions to be used in completing them. 7. Home study should be considered in the grading of students. 8. Home study should provide immediate feedback to the teacher on areas of weakness in the students' understanding of concepts and/or acquisition of skills. 9. Teachers should not use unrelated home study as a disciplinary measure. The following are recommended guidelines for giving home study assignments. Primary Level Kindergarten Students may be assigned home study with an average of no more than 20 minutes a night. First Grade Students may be assigned home study with an average of no more than 30 minutes a night. Second Grade Students may be assigned home study with an average of no more than 40 minutes a night. Third Grade Students may be assigned home study with an average of no more than 40 minutes a night. Intermediate Level Fourth Grade Students may be assigned home study with an average of no more than 50 minutes a night. Fifth Grade Students may be assigned home study with an average of no more than one hour a night. Sixth Grade Students may be assigned home study with an average of no more than one hour and fifteen minutes a night. Secondary Level Home study assignments should be given with an average of no more than one hour required for each of the subject areas in a block schedule situation or thirty (30) minutes on a traditional schedule. Students enrolled In Advanced Placement classes should expect to expend considerably more home study time. Code: IHA Date Issued: 5-17-99 STUDENT PERFORMANCE GRADING SYSTEM: Grades assigned to students for performance in a course shall reflect only the extent to which a student has achieved the expressed academic objectives of the course. Grades that reflect other educational objectives such as those contained in the standards and curriculum frameworks may also be given. The professional staff will establish a process designed to implement and document this policy. The following grading scale shall be used by the BCSA for all courses offered, with the exception of Advanced Placement. A = 90 - 100 B = 80 - 89 C = 70 - 79 D = 60 - 69 F = 59 and below Each letter grade shall be given a numeric value for the purpose of determining grade averages. The following numeric value for each letter shall be used for Advanced Placement courses: A = 5 points B = 4 points C = 3 points D = 2 points F = 0 points CHAPTER J Students Policy Code JB Policy Topic/Subject Section School Attendance............................................................. J-3 JB (1-5) Student Attendance............................................................ J-3 JBCA Resident/Non-Resident Students.......................................... J-4 JBCBA Tuition..............................................................................J-5 JBCCA Assignment of Schools........................................................ J-5 JBCCB Assignment to Classes........................................................ J-6 JBCD Transfer and Withdrawals.................................................... J-6 JBCD-R Transfers and Withdrawals................................................... J-8 JC Students Rights and Responsibilities...................................... J-8 JCAA Due Process..................................................................... J-9 JCAB Searches.......................................................................... J-9 JCB Student Involvement in Decision Making................................. J-10 JCD Student Conduct................................................................ J-10 JCDA Student Behavioral Code..................................................... J-11 JCDAA Student Smoking............................................................... J-11 JCDAB Alcohol and Drug Use......................................................... J-11 JCDAC Drug Policy-Students.......................................................... J-12 JCDAC-R Drug Policy-Students/Definition and Procedures....................... J-15 JCDAD-R Bus Conduct..................................................................... J-15 JCDAE* Carrying Weapons............................................................. J-15 JCDB Dress Code...................................................................... J-16 JCEB Student Complaints............................................................ J-16 JCEC Demonstrations and Strikes................................................. J-17 JD Discipline......................................................................... J-17 JDC Probation......................................................................... J-19 JDD Suspension....................................................................... J-19 JDE Expulsion......................................................................... J-19 JDF Discipline of Handicapped Students....................................... J-20 JGA Student Insurance Program.................................................. J-20 JGC-R Student Health Services...................................................... J-21 JGCC Communicable Disease Policy for Students............................. J-21 JGCE Human Immunodeficiency Virus (HIV)/Acquired Immunodeficiency Disease Syndrome (AIDS).......................... J-22 JGDA Psychological Testing......................................................... J-24 JGE Student Social Services...................................................... J-24 JGFA-R Emergency Drills............................................................... J-25 JGFAA Bomb Threats................................................................... J-25 JGFB Supervision of Students...................................................... JGFC-R Dismissal Precautions......................................................... J-26 JGFF-R Student Automobile Use...................................................... J-26 JGFG/JGFGA Student Safety-Accidents/First Aid......................................... J-27 JH JHB-R J-26 Extracurricular Activities...................................................... J-27 Activities and Management.................................................. J-28 JHCA Student Clubs................................................................... J-28 JHCA-R Student Clubs................................................................... J-28 JHCAA Secret Societies................................................................. J-29 JHCB Student Government........................................................... J-29 JHCC Student Publications........................................................... J-29 JHD Student Social Events......................................................... J-30 JHE-R Student Performances......................................................... J-30 JJB-R Outside Employment.......................................................... J-30 JKA Solicitations of Students...................................................... J-31 JQF Married Students............................................................... J-31 JQG Unwed Mothers.................................................................. J-31 JR School Records.................................................................. J-31 JRA-R School Records-Cost of Transcript........................................ J-32 JRB School Records-Confidentiality of Personal Information............. JRB-E School Records-Confidentiality............................................. J-32 JRB-R1 School Records-Person Responsible for Confidentiality............. J-37 JRB-R2 School Records-Record of Access to Confidential Records......... J-37 JS Student Fees, Fines and Charges......................................... J-38 J-32 Section J-3 Code JB Date Issued: 8-16-77 SCHOOL ATTENDANCE and ENROLLMENT MANDATORY ATTENDANCE All students who are ages five (5) through seventeen (17) on or by September 15 are required to be in school that school year with the exception of five-year-old children for whom kindergarten has been waived by the parent, guardian, or person having custody or charge; students who have received a high school diploma or its equivalent; or students who are enrolled in a post secondary or vocational-technical institution, community college, or a two-year or four-year institution of higher learning. Students who are 18 to 21 years of age will be educated with the understanding that they will be in compliance with BCSA policies. Those who do not comply with BCSA policies may be dropped from school. INITIAL ENROLLMENT A birth certificate, Social Security Number, or other documentation as provided by law shall be required to enroll in school. KINDERGARTEN Beginning the school year 1999-2000, students aged five (5) on or before September 15 will enroll in a full-day kindergarten program. No parent or guardian shall be required to enroll a child in kindergarten at age five (5). Any six-year-old child who has not completed a kindergarten program prior to public school enrollment shall be evaluated by the school to determine whether placement for the child shall be in kindergarten or first grade. IMMUNIZATION REQUIREMENTS All students shall meet immunization requirements established by the State School Board. All enrolling kindergarten students shall furnish evidence of a comprehensive physical examination. Code: JB- (1-5) Date Issued: 8-16-77 STUDENT ATTENDANCE EXPECTATION: A student is expected to attend school at all times when school is in session. Absences from school are acceptable only when a student is ill, when a family emergency exists, or when there is a death, serious illness, or an extenuating circum stance in the immediate family of the student. Individual Building Handbooks specify the maximum number of days allowed for absences. TARDIES: Students are expected to be at school on time. Building Handbooks address specific consequences for tardiness. MAKE-UP WORK: If make-up work is allowed, the student will be responsible for completion of any work to be made up; and the teacher will establish a reasonable time limit for the student to complete the work. SUSPENDED: When a student is suspended from school, the number of suspension days required by school officials will be counted in the student's total absences. If the student remains out of school for a period of time in excess of the number of days required, the additional days absent will count in the total absences. Absences will be counted in the school attendance office when attendance reports are completed as required by the State Department of Education. However, when a student is suspended from school until a student-parentprincipal conference has been completed, the number of days absent will be counted in the total absences. LATE ENROLLEES: The number of days of school missed by a student who enrolls in school after the beginning of a semester will be counted as absences when determining the minimum number of days a student must be in attendance. Exceptions may be made for transfer students who were in good standing (not suspended or expelled) at their last school attended. Section J-4 Code: Date Issued: JBCA 8-16-77 RESIDENT/NON-RESIDENT STUDENTS RESIDENCY: When a student's residency in Arkansas is unclear, the Board shall consider the facts of each such case individually. However, the Board shall be guided by past court cases in which, generally, a student is considered a bona fide resident of Arkansas if (s)he is residing in good faith, that is with no present intent of removal and not for the mere purpose of obtaining school privileges. If the residency of the child is only temporary for the primary purpose of attending, the BCSA and his/her parents do not reside in the BCSA, then tuition will be charged. Section J-5 Code: Date Issued: JBCCA 4-16-90 ASSIGNMENT OF SCHOOLS The BCSA divides the territory within its legal boundaries into attendance areas. The legal residence of a student in an attendance area qualifies him/her to attend the school serving that attendance area. The Board has the authority to adjust attendance area boundary lines from time to time for just and reasonable causes. Students living in the BCSA may secure a transfer from one school to another if a bona fide hardship exists. (See JBCD) Transfer students residing outside the BCSA will be assigned by the Administrator or his/her designee to the school which best meet the needs of the residents of the BCSA. RESIDENT EMPLOYEE Elementary Schools: Employees who reside within the BCSA have the choice of entering their children in the school they work in or in the school servicing the attendance zone where they reside. Middle, Junior High, and High School: Middle, Junior High, and High School employees who reside within the BCSA have the choice of entering their elementary children in the following designated schools: BCSA High School employees' children may attend Sugar Creek Elementary School. Walton Junior High School employees' children may attend Apple Glen Elementary School. Old High Middle School employees' children may attend R. E. Baker Elementary School. OR the school of the attendance zone where they reside. NON-RESIDENT EMPLOYEES Elementary Schools: Non-resident employees may bring their child with them to the school where they work. Middle, Junior High, and High Schools: Non-resident Middle, Junior High, and High employees may place their children in the following designated schools: BCSA High employees' children may attend Sugar Creek Elementary School. Walton Junior High employees' children may attend Apple Glen Elementary School. Old High Middle employees' children may attend R. E. Baker Elementary School. School School School School OR the school of the attendance zone where they reside. ELEMENTARY NEW STUDENTS WHICH PLACE US OVER STANDARDS The BCSA reserves the right to place students in schools out of their attendance zones in order to satisfy state standards. Students will be placed in their home attendance zone as soon as a vacancy exists in the order of displacement. Section J-6 Code: Date Issued: JBCCB 8-16-77 ASSIGNMENT TO CLASSES REGULAR STUDENTS: Regular student class assignments are made by taking into consideration ability, maturity, interest, and need. Transfer students are assigned classes which most nearly reflect those from the previous school. SPECIAL STUDENTS: The placement of handicapped students shall be based on age and maturity rather than number of years in school. At no time will the special education student's placement be more advanced than his/her peers. Class assignments are made according to the guidelines set forth in the "BCSA Plan for Special Education." TRANSFER BETWEEN SCHOOLS: Any student transferring to the BCSA from another school accredited by the State Department of Education shall be placed into the same grade the student would have been in had the student remained in the former school. Any student transferring to the BCSA from a school that is not accredited by the State Department of Education shall be evaluated by appropriate staff to determine that student's proper placement in the BCSA. Code: Date Issued: JBCD 4-16-90 TRANSFER AND WITHDRAWALS WITHDRAWALS: Pupils within the compulsory age, that is pupils who are five and not yet seventeen years of age shall not be withdrawn from the rolls of any school unless they have: 1. Moved from the BCSA 2. Entered a private or parochial school 3. Been committed to an institution 4. Been excluded from school 5. Married 6. Secured a work permit from the State Labor Department 7. Been recommended to be withdrawn by the Administrator's Office 8. Filed a Kindergarten Waiver TRANSFER: The BCSA makes provisions for two types of student transfers. The first type is an interschool transfer, which permits a student under certain conditions to transfer from one school in the BCSA to another school in the BCSA. The other type of transfer refers to non-resident students whose legal residence is outside the BCSA In every case, the non-resident student must be referred to the Administrator or his/her designee for a transfer approval form before enrolling. WITHIN BCSA: Each student in the BCSA shall be assigned to the school serving his/her attendance area. PROCEDURES: A student living in one attendance area of the BCSA and wishing to attend another school in the BCSA must file a written application for transfer with the administrator of the school to which he/she wishes to transfer. Transfer application must be completed in duplicate and both copies submitted to the receiving administrator. A transfer, when granted, is for one semester; and the application for transfer must be resubmitted each semester. CRITERIA: A transfer from one school to another school in the BCSA will be granted only under the following condition: 1. If a student moves during the school year to another School Attendance Zone, the student may finish the school year at the original school under conditions stipulated within this policy regarding procedures, criteria, transportation, and eligibility. 2. Students placed in one school in order to meet standards have the option to finish the school year at the school they are attending even if a vacancy occurs in their attendance zone school. TRANSPORTATION: As a condition for approval of any request for voluntary transfer, the requesting party shall be required to sign a transportation waiver form provided by the school on which it is acknowledged that any right to free transportation that a student may otherwise have by reason of Board Policy or state statute is waived. ELIGIBILITY: Any student who transfers to a school outside of the student's attendance area of residence shall be subject to all eligibility rules of the Arkansas State High School Activities Association and such eligibility rules as may be adopted by the School Board. OUT OF BCSA NON-RESIDENT: Students will be admitted whose parents, legal guardians, or lawful custodians are in the process of building or buying a home within the BCSA System. "IN PROCESS" DEFINED1. Have a contract with a builder 2. Have acquired the lot or ground for the home 3. Have acquired approved financing and 4. Have completion date and scheduled to take possession OR 1. Have contract to purchase home, with no contingencies existing which could cause cancellation. 2. Have acquired approved financing and 3. Have settlement or closing date and scheduled to take possession. Evidence must be presented regarding the process to the administrator or his/her designee. Code: JBCDA Date Issued: 2-21-00 K THRU 4 STUDENT TRANSFER POLICY TRANSFER COMMITTEE The Transfer Committee for grades K-4 will consist of two K-4 administrators and the Elementary Program Director. These individuals would be designated at the beginning of each year. NOTE: An "involved" or current administrator for a specific request would not serve at that meeting; an alternate would be chosen to serve in that administrator's place. PROCEDURE 1. Parent will obtain a Transfer Form at the Administration Office. The completed form will be returned to the Elementary Program Director and stamped with the date received. 2. Within ten (10) school days of the receipt of the written request, the Transfer Committee will meet to review the request. The Elementary Program Director will notify the Transfer Committee and the current building administrator involved in the request. The current building administrator may wish to provide information pertinent to the student's situation. 3. The Transfer Committee can: a. Approve the transfer. Copies of the approved Transfer Form will be forwarded to the receiving administrator. b. Deny the transfer. If denied, parents can re-petition the Committee after thirty (30) school days 4. Parents will be notified as soon as possible regarding the date of the meeting and the resolution of the request. NOTE: If a parent is denied a transfer twice, their next appeal would then be addressed to the Administrator and/or School Board. K-4 parents may transfer at semester without this process. The Transfer Committee will not automatically approve a transfer. Special attention will be given to whether or not the family has sought resolution within the building - through the teacher and the building administration - as well as to the nature of the "crisis" which brought about the request. Benton County School of the Arts Request for Elementary School Transfer Please include the following information: Date: ________________________Student Name__________________________________________ Student Grade Level________________Current Teacher_____________________________________ Did you choose this school? (Elementary only) _________________________________________ Did you select this teacher? _________________________________________________ Have you met with the teacher(s)? ____________________________________________ Provide details of meetings, if any: ____________________________________________ Have you met with the building administrators? __________________________________ Provide details of meetings, if any: ___________________________________________________ _____________________________________________________________________________ _____ Please explain why you are requesting a change at this time:___________________________________ _____________________________________________________________________________ _______ _____________________________________________________________________________ _______ Parent(s) Name ___________________Street Address_______________Telephone Number _________ Parent's Signature______________________________ Date_________________________________ Administration Comments: TRANSFER APPROVED:_____________TRANSFER DENIED: __________________ _________________________________ __________________________ Administrator Signature and Title Date Section J-8 Code: Date Issued: JBCD-R 8-16-77 TRANSFERS AND WITHDRAWALS Students who are withdrawing from school should present a written request from their parents and must return their state textbooks, all library books, and have each of their teachers initial the withdrawal form they have officially withdrawn from school. They must be cleared through the office of all fines and service charges due. Code: Date Issued: JBCDB 11-13-00 STUDENT TRANSFERS BCSA will not enroll students who are not legal residents* of the state of Arkansas. Any person who knowingly gives a false residential address for the purpose of public school enrollment, will be notified immediately upon discovery and dropped from enrollment in the BCSA. The School Board, on a case-by-case basis involving unique and unusual circumstances, will handle any exceptions to the above stated policy. * Definition: Legal resident means to be physically present and maintain a permanent domicile for no less than four (4) calendar days and nights per week for a purpose other than school attendance. Legal Ref.: Arkansas Statute 6-18-202 Code: Date Issued: JC 8-16-77 STUDENTS RIGHTS AND RESPONSIBILITIES The school is a community, and the rules and regulations of a school are the laws of that community. All those enjoying the rights of citizenship in the school community must also accept the responsibilities of citizenship. A basic responsibility of those who enjoy the rights of citizenship is to respect the laws of the community. Students have the rights of citizenship as delineated in the United States Constitution and its amendments; and these rights may not be abridged, obstructed, or in other ways altered except in accordance with due process of law. Administrators and teachers also have rights and duties. The teacher is required by law to maintain a suitable environment for learning and administrators have the responsibility for maintaining and facilitating the educational program. Students are entitled to verbally express their personal opinions. Such verbal expressions shall not interfere with the rights of others, the conduct of the classroom, or with the educational process. The use of obscenities or personal attacks is prohibited. All student meetings in school buildings or on school grounds may function only as a part of the formal educational process or as authorized by the administrator. Section J-9 Code: Date Issued: JCAA 8-16-77 DUE PROCESS Any student being considered for special education has the right to due process. These procedures are enumerated in the BCSA Plan Special Education. Code: Date Issued: JCAB 8-16-77 SEARCHES LOCKERS: In the assignment of school property (locker, desk, etc.) to a specific student, the school retains ownership of such property and the right to inspect it or reclaim it. General searches of school property may be conducted at any time. Search of an area assigned to a student should be done in the student's presence except in emergencies. Illegal items such as firearms or weapons, or any other articles reasonably determined to be a threat to the safety or security of others shall be seized by school authorities and turned over to the police. Items which are used to disrupt or interfere with the educational process may be temporarily removed from a student's possession. (Cf. LDAJA) Legal Ref.: Act 259 Section J-10 Code: Date Issued: JCB 8-16-77 STUDENT INVOLVEMENT IN DECISION MAKING The School Board and the professional staff of the BCSA welcome the expression of the ideas and ideals of students, and seek to provide opportunities for students to discuss issues and to express their opinion on school policies, program of studies, and areas of public concern. (Cf. BDBD) Formal and proper channels for students and faculty to communicate to encourage change include: 1. regular classroom 2. homerooms 3. individual teacher conference 4. counselor conferences 5. parent-school conferences 6. student council 7. individual conferences with administration 8. specific assemblies arranged through regular school procedures. Such discussions should be carried on in an atmosphere of mutual respect and in no way should one individual or group of individuals preempt the rights of others. It is expected that students will obey the rules and policies of the school even while working for change. Code: Date Issued: JCD 8-16-77 STUDENT CONDUCT As a matter of law, the admittance to, and the continued attendance in a public school is a privilege dependent upon compliance with the laws of the State of Arkansas, the rules and regulations of the local School Board. It follows that when a pupil does not comply with the law and the rules, the privileges of attending school may be revoked. The failure of a student to comply with the duties (s)he is bound to perform constitute misconduct, and such a student is liable to probation, suspension, or expulsion. Each student is responsible for rules and regulations as set forth by the school. Students at school-sponsored, off-campus events shall be governed by School BCSA rules and regulations and are subject to the authority of school personnel. Failure to obey the rules and regulations and/or failure to obey reasonable instructions of school personnel shall result in loss of eligibility to attend school-sponsored, off-campus events and may result in disciplinary action applicable under the regular school program. The following actions are prohibited on school property during school hours and at schoolsponsored events: Abnormal or Irrational Behavior--Any student whose actions are abnormal or irrational shall be temporarily suspended from class by the teacher and/or from the school by the administrator or other persons in charge. Criminal Acts--The commission of or participation in criminal acts in school buildings, on school property, or at school-sponsored events by students is prohibited by school regulation. Disciplinary action will be taken by school authorities against students involved in criminal acts regardless of whether or not criminal charges result. Section J-11 Code: Date Issued: JCDA 8-16-77 STUDENT BEHAVIORAL CODE The student behavioral code is established by student handbooks, building handbooks, etc. as developed by administrators and approved by the School Board. Code: Date Issued: JCDAB 8-16-77 ALCOHOL AND DRUG USE Administrators are instructed to cooperate fully with law enforcement agencies and are to report to them any and all information that would be considered beneficial in their efforts to stem the increase of illegal drug use. The administrative staff is also instructed to take immediate steps to prevent any person from coming upon the campus in possession of or under the influence of alcohol, marijuana, hallucinogenic drugs, or narcotics of any kind--or attempting to deliver or use said drugs of any kind on the campus. Section J-12 Code: JCDAC Date Issued: 6-24-91 DRUG POLICY - STUDENTS It is this BCSA's policy to prevent and prohibit the possession and/or use, mimic of use, sale and/or mimic of sale, distribution and/or intent of distribution of any illegal or controlled or moodaltering chemical, medication, or abused chemical not approved by the health office, on school property, at school-sponsored events, and on school buses. Such prevention and/or prohibition shall occur through a many faceted program including education, awareness activities, identification, intervention, referral, and support. Violations of this policy include: A. The possession, use, sale, and distribution of chemicals as defined and described within the parameters of this policy. B. The possession of drug paraphernalia within the BCSA. C. The possession, use, sale, and distribution of any imitation of a controlled substance or chemical as defined and described by this policy. The consequences of such violations will result in disciplinary action. This policy will be implemented through the efforts of school employees, students, parents/ guardians, and community agencies cooperating with the school. Section J-15 Code: JCDAC-R Date Issued: 6-24-91 DRUG POLICY DEFINITION OF TERMINOLOGY: In the BCSA Drug Policy, a student shall not knowingly possess, use, distribute, sell, or be under the influence of mood-altering drugs, controlled substances, tobacco or tobacco products while on school property, adjacent to school property, or while attending a school-sponsored activity, function, or event. DRUG POLICIES: Statements that establish an educational institution's position with respect to the use, possession, sale of drugs, drug distribution, drug paraphernalia in school or on school property or at school-sponsored functions. MOOD-ALTERING DRUG: Any drug obtainable with or without a prescription that may be used in a manner dangerous to the health of the user. Any substance, taken into the body in any way that alters the mood, the level of perception, or brain function. This includes, but is not limited to, alcohol, marijuana, narcotics (codeine, heroine), stimulants, depressants, hallucinogens, inhalants, tobacco and tobacco products, or any substance which is intended to alter mood. Look-alike substances and any capsules or pills not registered with the health aide/nurse and annotated within the school policy for administration of medication to the students in school is included. CONTROLLED SUBSTANCES: Shall be those identified by Arkansas Law (Arkansas Criminal Code, Volume 3, 1987.) SCHOOL PROPERTY: Shall include not only actual buildings, facilities, and grounds on the school campus, but shall also include any facility being used for school functions, school bus, and school parking areas. POSSESSION: Having for personal use, with or without any attempt to distribute as defined by this policy, any chemical as defined by this policy or any substance determined to be illegal in or on school property, adjacent to school property, or at a school-sponsored function. DRUG PARAPHERNALIA: Any utensil or item of apparel which, in the school's judgment, can be associated with the use of controlled substances. Examples include, but not limited to, roach clips, pipes, bowls, and utensils which could be used to administer chemicals as defined by this policy. DISTRIBUTING: Attempting to deliver, sell, pass, or give any controlled chemical or substance, as defined by this policy, from one person to another. SELL: To exchange for monetary gain or trade for an item of lesser, equal, or greater value. USE: To ingest, inject, or to take any drug defined by this policy with the intention to alter mind or mood or create a manner dangerous to the health of the user. UNDER THE INFLUENCE: Physical, behavior, or performance change or other symptoms, including, but not limited to, a noticeable change in tardiness, attendance, grades, attentiveness or actions that may include insubordination, aggressive behavior, or lack of motivation. PERSONNEL: Any employee of the BCSA. CORE TEAM: May consist of school personnel, parents, nurses, psychologists, law enforcement personnel, and interested members of the community. The Core Team is the steering committee for the entire IMPACT program. This team will be IMPACT trained to understand and work on the issues of adolescent chemical use, abuse, and dependency and will play a primary role in the identification and referral process of students coming to their attention. UNAUTHORIZED VISITORS: Any person coming onto school property without school personnel knowledge or permission as set by BCSA policy. IMPACT PROGRAM: Provides a plan for creating a school team approach to address students at-risk. AT-RISK: Youngsters in danger of becoming dysfunctional adults. DYSFUNCTIONAL: Impaired performance with respect to the acts or operations expected of a person. LOOK ALIKE: A drug intentionally misrepresented, manufactured, diverted, or illegally imported for the street market. TOBACCO: A stimulant which is chewed, snuffed, or smoked in the form of cigarettes, cigars, pipes, snuff, and chewing tobacco. Nicotine, an extremely toxic substance if ingested, is the active ingredient. SUPPORT GROUPS: Voluntary small group structures formed by peers who have come together for mutual assistance in satisfying a common need. PROCEDURES FOR COMMUNICATING POLICY: The BCSA will use several methods to make the public aware of its drug policy. DRUG POLICY: A Drug Policy Handbook which articulates philosophy, policy, and procedures will be distributed to parents, school staff, and interested community members. Included in the handbook will be information such as signs and signals of substance abuse problems, a list of referral resources, and suggestions for a drug-free environment INTEGRATION OF POLICY: BCSA will promote integration of the policy by ensuring that membership on the committee will include representatives from the community. The media will also be used, as appropriate, to publicize the policy. The training for the implementation of the drug IMPLEMENTATION policy will be two-fold. First, there will be continued training using the IMPACT model for all administrators, counselors, teachers, and support staff. Second, BCSA-wide in-service for recognizing and dealing with the drug-affected student will be provided for all staff. Community members can be used for this training (i.e., the administrator to explain policy; law enforcement officers to explain the law; medical doctors to explain addiction and other experts to explain at-risk, addicted, and recovering children.) in-service training will take at least three sessions. COMPONENTS: The BCSA drug policy includes both disciplinary and educational components that recognize the unique needs of various grade levels. Implementation of the policy will follow the procedures spelled out in the discipline policy and the IMPACT model. PROCEDURE EVALUATION: The policy and procedures on drugs will be reviewed between March 1 and March 15 of each year by a committee appointed by the BCSA Drug Coordinator consisting of patrons and school personnel. EVALUATION CRITERIA: Evaluation criteria and monitoring might include the following: A. The increase in the number of IMPACT trained personnel B. The development of core teams in each building C. The development of drug-free support groups D. The number of disciplinary actions due to drug abuse E. The number of repeat offenders F. Changes in state law that would affect school drug policy. G. Referrals to outside agencies H. Effectiveness of disciplinary actions I. The review of education programs, awareness activities, and identification procedures Code: Date Issued: JCDAE* 8-16-77 CARRYING WEAPONS No weapons of any kind will be allowed on the school grounds. Anyone with a weapon in his/her possession will be handled accordingly. Legal Ref.: Act 259 Section J-16 Code: Date Issued: JCDB 8-16-77 DRESS CODE Dress and appearance must not present health and safety hazards or cause disruption of the educational process. Code: Date Issued: JCEB 1-16-89 STUDENT COMPLAINTS The purpose of this policy is to secure at the first possible level prompt and equitable resolution of student complaints, including those alleging discrimination on the base of race, religion, color, sex, national origin, handicap, or Limited English Proficiency. PRESENTATION: The student may be represented by an adult at any level of the complaint. If the complaint involves a problem with a teacher, the student shall discuss the matter with the teacher before requesting a conference with the administrator at Level One. LEVEL ONE: A student who has a complaint shall request a conference with the administrator, who shall schedule and hold a conference with the student. LEVEL TWO: If the outcome of the conference with the administrator is not to the student's satisfaction, the student may request a conference with the Superintendent, who shall schedule and hold a conference. Prior to or at the conference, the student shall submit a written complaint that includes a statement of the complaint and any evidence in its support, the solution sought, the student's signature, and the date of the conference with the administrator. LEVEL THREE: If the outcome of the conference with the Administrator is not to the student's satisfaction, the student may submit to the Administrator a written request to place the matter on the agenda, at least three days before the agenda is prepared. The Administrator shall inform the student of the date, time, and place of the meeting. The Board President shall establish a reasonable time limit for complaint presentations. The Board shall listen to the student's complaint and take whatever action it deems appropriate. EXECUTIVE SESSION: If the complaint involves complaints or charges about an employee, it will be heard in executive session unless the employee requests it to be in public. If students, or the parent of a student involved in a disciplinary ruling, wish to contest the ruling, they must state their complaint to the administrator. If an agreement cannot be reached, they may appeal to the Administrator. Any further appeal would be carried to the Board of Education and must be in writing. Section J-17 Code: Date Issued: JCEC 8-16-77 DEMONSTRATION AND STRIKES Students who participate in a demonstration that disrupts classes will be given up to a three-day suspension pending an investigation of the problem; and as soon as possible, an informal hearing will be held. Suspended students will be readmitted to classes at the direction of the administrator. Code: Date Issued: JD 8-16-77 DISCIPLINE The School Board expects that when students willfully violate school rules, defy instructions of teachers and administrators, or interfere with the normal operation of the school program, the administrator in charge will take appropriate action as prescribed by the School Board policies and regulations, ordinances of the City of Bentonville, and statutes of the State of Arkansas. The constitutional rights of individuals assure the protection of due process of law; therefore, this system of constitutionally and legally sound procedures is used with regard to the administration of discipline in BCSA: 1. The hallmark of the exercise of disciplinary authority shall be fairness. 2. Every effort shall be made by administrators and faculty members to resolve problems through effective utilization of School resources in cooperation with the student and his parent or guardian. 3. Teachers and other school personnel have the authority to give reasonable instructions to any student while (s)he is under school jurisdiction and the responsibility for reporting the violation of a school regulation by a student. 4. A teacher has the authority and responsibility for giving reasonable and necessary instructions to any student who is under school jurisdiction, and for reporting violations of school regulations not resolved by the teacher. Discipline is a matter for each individual teacher. It should be realized that no satisfactory work can be done where there is not the proper conduct or behavior on the part of the student. Hence, well-planned work, good motivation, individual assignments for the abnormal pupils, etc., will take care of most disciplinary problems. In other cases teachers will try to anticipate the difficulties and handle them in their early states. Conference with such pupils and their parents will often settle the differences. When situations develop that appear to need the help of law enforcement officers, the administrator will confer with the Administrator or Assistant Administrator. If they are not available, (s)he will make his/her own determinations. The Board recognizes the need for firmness in disciplinary action to deal with problems which occur in the classrooms and during other school activities, whether on or off the school premises. Accordingly, the Board authorizes the administration of corporal punishment as a part of the disciplinary process. Corporal punishment may be administered by any certified employee of the BCSA to any pupil for disruptive or unmanageable conduct; insubordination; profane, violent, vulgar or insulting language, or other conduct that would tend to disrupt the educational process. The Board directs that corporal punishment will be administered according to the following requirements: 1. It will be administered in the presence of at least one other certified school employee as a witness who shall be present when the student is advised of the reason for the punishment. 2. It will not be administered in the presence of other students, nor in a spirit of malice or anger, nor will it be excessive. 3. Refusal to take corporal punishment may result in suspension. 4. The employee administering the corporal punishment shall prepare a written report stating the reason for the punishment and the name of the witness, and shall submit a copy to the administrator's office. 5. On request, the parent shall be informed in writing of the reasons for the punishment and the name of the witness. Section J-19 Code: Date Issued: JDC 8-16-77 PROBATION A student may be placed on probation by the school for any act of misconduct including nondiligence in studies. Parents will be notified in writing when this action is taken. Code: Date Issued: JDD 8-16-77 SUSPENSION A student may be suspended from school by the administrator for conduct which impairs the discipline of the school or harms other students subject to appeal to the Administrator or his designee. Suspension should be invoked only as a last resort. In each instance, the administrator will notify the parents and Administrator in writing of the reason for the suspension. The suspension is not to exceed ten (10) school days. In the event of appeal to the Administrator or his designee, the suspension shall be reviewed within one school day. A teacher has the authority to temporarily remove a student from class. The teacher may accompany the student to the office of the administrator and shall file with the administrator a written statement of reasons for the student's suspension from class. The administrator shall determine whether to reinstate the student in class, reassign him/her, or take other disciplinary action. When students have been notified that they are suspended from school, they shall leave the building and grounds immediately and shall remain away from school premises until the suspension has expired. The appeal of the administrator's decision to suspend a student shall be to the Administrator or his designee only. There shall be no appeal to the Board. Legal Ref.: AR Code 6-18-507 Code: Date Issued: JDE 8-16-77 EXPULSION The School Board may expel a student from school for misconduct when other means of correction fail to bring about proper conduct. In general, the act of expulsion may be taken in the following circumstances; continued willful disobedience; open and persistent defiance of the authority of the teachers; acts that interfere with the private life of school employees; failure of a student to be diligent in his studies; refusal of a student to comply with duties he is bound to perform; and the commission of criminal acts. When the administrator decides to recommend that a student be expelled, (s)he shall make such recommendation to the Administrator along with a written statement of the charge or charges against the student. If the Administrator agrees with the recommendation, he shall make his recommendation to the School Board and notify the student's parents. The student and parents may waive a hearing scheduled for this purpose. The School Board may expel a student for any appropriate period of time. HEARING: Students or their parents may request a hearing before the Board to contest an expulsion. At their request, the Administrator shall schedule, within a reasonable time, a hearing before the School Board and shall notify the student and parent(s) or guardian in writing as to the time, place, and purpose of the hearing. The parents must notify the Administrator within five (5) of their desire to attend a hearing. The following guidelines shall be used in the hearing procedure. 1. The charges against the student shall be stated in clear and concise terms and may be in writing. 2. A parent or legal guardian of the student may be present at the hearing. 3. The student shall be given an opportunity to give his/her version of the facts and their implications. 4. The student shall be allowed to observe all evidence offered against him/her, right to cross examine, and the right to an attorney. 5. A record may be kept of the hearing. 6. The hearing authority shall state, within a reasonable time after the hearing, its findings as to whether or not the disciplinary action should be revoked, affirmed, or altered. STATE LAW: The student discipline policies of the BCSA are designed to conform to state law. To the extent this policy conflicts with state law, either when adopted or because state law is amended in the future, the portion of this policy in conflict shall be void and state law shall apply. Section J-20 Code: JDF Date Issued: 05-15-00 DISCIPLINE OF DISABLED STUDENTS A disabled student, as defined in state standards, who engages in inappropriate behavior is subject to normal disciplinary rules and procedures, provided the student's right to a free and appropriate public education is not violated. The individualized education plan (IEP) team for a disabled student should consider whether particular disciplinary procedures should be adopted for that student and included in the IEP. Code: Date Issued: JGA 8-16-77 STUDENT INSURANCE PROGRAM Student insurance will be offered each student at the beginning of school. The school in no way profits from this insurance, but it is sold for the protection of students. When students covered by school insurance are injured, they should pick up claim forms from the office as soon as possible so that their claim can be processed. Accidents must be reported to the insurance company by the school within twenty (20) days and claims must be submitted within ninety (90) days of the accident. Section J-21 Code: JGC-R Date Issued: 8-16-77 STUDENT HEALTH SERVICES The Board shall cooperate with state, county and city health departments in providing health services for the school. When a student becomes ill while at school, (s)he should go to either the administrator's office or the school nurse. If the illness is of such a nature that the student should go home, or to the doctor, every effort will be made to contact the parents. Students should not be sent home without first contacting the parents unless the age of the student and family situation justifies an exception. A sick room shall be maintained to meet emergency needs at any time. In case of an accident, the administrator will be notified immediately and the parents will be contacted. A child suspected of having or being able to transmit a communicable disease is excluded from school upon advice of a physician or school nurse. If the suspected condition is found not to exist, the same person may readmit the child. In case of actual existence of a communicable disease, the child is readmitted upon presentation of a physician's certificate or recommendation or the school nurse. Code: Date Issued: JGCC 12-18-89 COMMUNICABLE DISEASE POLICY FOR STUDENTS The School Board recognizes its responsibility to provide a safe and secure learning environment for all eligible school-age children. It also recognizes the trauma that can accompany severe disease. In the case of severe contagious disease, strict adherence to safety measures is required. In an attempt to maintain a balance between the individual rights of students and the control of communicable diseases, the School Board requires that no child with a communicable disease shall be denied access to school on the basis of an opinion by a single individual. All decisions regarding the educational status of a student with a communicable disease shall follow the steps outlined in the procedure adopted by the Superintendent. A student and/or his/her parent(s)/guardian(s) will inform the school building administrator if the student is afflicted with a communicable, contagious, and/or infectious disease. If in the judgment of the school building administrator, there is any risk of the student transmitting the disease to others, the school building administrator will immediately exclude the student from school and may require that the student be examined by a physician designated by the BCSA. The school building administrator also may require a written statement of health from a physician of the BCSA's choosing in order for the affected student to re-enter school. Criteria will be established to determine whether a student with a communicable, contagious, and/or infectious disease, including common childhood diseases, will be permitted to attend classes. All cases will be reviewed on an individual basis If it is determined that the student will not be permitted to attend classes and/or participate in school activities, arrangements will be made to provide an alternative education program. CONFIDENTIALITY: Records of a student who has a communicable, contagious, and/or infectious disease, other than a common childhood disease, will be kept confidential; and the name of the individual will not be revealed publicly. APPEAL PROCESS: An appeal process will be established that will allow the student and/or parent(s) and/or guardian(s) to appeal decisions regarding exclusion from school in writing to the Administrator. The School Board directs the Administrator to develop administrative guidelines to implement this policy. Section J-22 Code: CE Date issued: 6-24-91 HUMAN IMMUNODEFICIENCY VIRUS (HIV) /ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS) The acquired immunodeficiency syndrome (AIDS) is caused by the human immunodeficiency virus (HIV). Transmission of the virus occurs by TRANSFER of blood, semen, or vaginal fluids from person to person. The four modes of transmission are: 1. Sexual intercourse (oral, vaginal, anal) 2. Sharing needles 3. 4. A. drug use (including steroids) B. tattooing Mother to child A. pre-natal and post-partum (pregnancy and delivery) B. lactation (breast feeding) Transfusion of blood/blood products The majority of infected children acquire the virus from the infected mothers in the neo-natal period. None of the pediatric AIDS cases in the U. S. have demonstrated transmission in the school, daycare, or foster-care setting; and, indeed, casual person-to-person contact is believed to pose no risk for viral transmission. EVALUATION: Students who are medically ill should be evaluated on a case-by-case basis by a team comprised of the student's administrator, personal physician, a school board appointed physician, and public health personnel. The decision to admit should be based on the medical condition of the child including evaluation of his/her immune status and performance status. The most current medical information concerning contagiousness and transmittal will be used. CONFIDENTIALITY: Confidentiality is of extreme importance; and, therefore, the identity of infected students, if not already public knowledge, should be known only to the Administrator, Director of Nursing, school nurse, building health Aide, and that student's administrator and teacher(s). Neither confirmation nor denial of suspicion or positive testing will be given by school officials, even if public knowledge is alleged. RESTRICTION: There are no medical or legal reasons to restrict a child of an HIV infected parent from attending school. Children with HIV infection should not receive live virus vaccines and should be excused from regulations requiring them. Of course, any student, including an HIV infected child, who has contracted a contagious disease, will not be allowed to attend school without clearance from the Public Health Department. RESTRICTIONS: Employees who are known to be infected with HIV should be allowed to continue in their capacity unless medically unable as judged on a case-by-case basis by a team comprised of the employee's personal physician, a physician appointed by the School Board, public health personnel, and school system administrators. As in the case of students, the most current medical information concerning contagiousness and transmittal will be used. Confidentiality for employees must be maintained. SCREENING: Routine serology screening of students or employ PRECAUTIONS AND PROCEDURES: The following standard procedures shall be implemented in order to insure that persons responsible for cleaning facilities and equipment are protected from all communicable diseases. These include: 1. Students and teachers should be encouraged to wash hands as a routine practice. A ten- to fifteen-second washing with soap after handling body fluids is essential. 2. Blood and/or body fluid spills should routinely be handled using a barrier such as paper towels, plastic garbage receptacles, and disposable gloves. Soiled surfaces should be cleaned promptly with disinfectants, such as household bleach, diluted 1:10, one-part bleach to ten-parts water. Persons involved in such cleaning should avoid exposure to open skin lesions or mucous membranes by the blood or body fluids. Cleaning implements such as mop heads should be cleaned thoroughly after clearing a blood and/or body fluid spill. Implements should be cleaned with detergent in hot water of 160 degrees Fahrenheit, rinsed, soaked in a one-part bleach to ten-parts water solution, and rinsed again. 3. Any garbage containing blood or body fluids (i.e. sanitary napkins) should be placed in a plastic bag, securely fastened, and disposed of properly. 4. Persons involved in the cleaning of facilities in which blood and/or body fluid spills (i.e. feces, urine) occur should wear disposable gloves and follow routine hand washing procedures. 5. Persons responsible for the cleaning and maintenance of CPR manikins and CPR instruction should follow the guidelines established by the American Heart Association, the American Red Cross and the Center of Disease Control (CDC). Section J-22 Code: JGDA Date Issued: 8-16-77 PSYCHOLOGICAL TESTING The BCSA uses educational and/or psychological examiners to do specialized testing in the referral-placement process. Any test deemed necessary that cannot be legally or effectively given by a qualified staff member will be referred to an outside agency. Specialized testing is considered a part of the special education program. Code: JGE Date Issued: 8-16-77 STUDENT SOCIAL SERVICES BCSA employs a social worker to work with educationally and/or environmentally deprived students. The social worker aids in providing clothing, shoes, medical and dental services, and other items in cases of definite need. The social worker works to mitigate any problem of the child and/or his family that affects the child. The social worker encourages parent involvement in the student and his/her school setting. The social worker works in cooperation with community agencies, organizations, and individuals in meeting the needs of families. Section J-25 Code: Date Issued: JGFA-R 8-16-77 EMERGENCY DRILLS Fire Drills will be held unannounced once a month. Fire Marshals will be appointed to make regular inspections during the fire drills. Exit instruction will be given by the teachers, but these rules which should be followed in all situations: 1. Teachers should be the last to leave the room, after seeing that the windows are closed. They should take their roll books. 2. Walk quietly and in single file out the designated exit. 3. Stand in assigned positions without talking and wait until the bell is run again for return to class. 4. Each school will develop plans to be used in case of a tornado alert, and the procedures will be posted in each classroom by the first day of school. Each school will hold at least one (1) tornado drill during each semester. Legal Ref.: 82-813, Arkansas Code of Laws Code: JGFAA Date Issued: 8-16-77 BOMB THREATS Persons making bomb threats to BCSA will be prosecuted under 41-4610, Act 300, 2959. Students making threats will also be recommended for expulsion. Section J-26 Code: JGFB Date Issued: 8-17-77 SUPERVISION OF STUDENTS PLAYGROUND: The philosophy of education of BCSA makes it imperative that habits of good citizenship taught in the school be further developed while pupils are on the playgrounds. It is the obligation of the administrators and teachers to arrange for adequate supervision of the children on the playgrounds and in the classrooms at all times. INCLEMENT WEATHER: Each administrator will arrange to take care of pupils arriving early, on rainy days, or in bad weather. Children should be admitted to the building under supervision. Likewise, children who wait for their parents in the afternoon should be supervised. Code: Date Issued: JGFC-R 8-16-77 DISMISSAL PRECAUTIONS PERMISSION TO LEAVE: Students will not be permitted to leave the campus without first checking with the Assistant administrator and presenting a note from their parents, or a call, stating the time the student is to be excused and the reason. No other persons, unless specifically authorized, shall give a student permission to leave the school campus. A student may leave only after permission has been granted and properly signing out. Leaving school without proper permission or properly signing out will be considered an act of truancy. Code: Date Issued: JGFF-R 8-16-77 STUDENT AUTOMOBILE USE Designated parking areas have been provided for the use of the faculty and students while on school campus. Students are required to park in assigned school parking areas. In order to drive or park student cars or motorbikes on school property during the school day, students must secure a student parking permit for each vehicle and display it on the car or motor bike. Students who have classes off campus are not to drive personal vehicles but are to ride the school bus provided. It is the policy of the School Board that students do not sit in parked cars. The automobile should be parked, and the student should then leave the parking area. The rules and regulations pertaining to student vehicles must be observed or privileges will be revoked. Specific rules and regulations are outlined in student handbooks. Section J-27 Code: JGFG/JGFGA Date Issued: 8-16-77 STUDENT SAFETY-ACCIDENTS/FIRST AID CARE: Any child who becomes injured at school shall be cared for by the teacher, administrator, or school nurse; and the parent shall be notified. If the child's condition is thought to be serious, the child shall be sent home. In case immediate attention of a physician is necessary, the child shall be taken to the family physician and the parents notified. Parents are requested to furnish the school with the name of the family doctor of their choice. If no choice is indicated and immediate attention is necessary, the child shall be taken to a doctor at the parent's expense. First aid shall be administered if necessary. Legal Ref.: Act 46, 1963 Code: JH Date Issued: 5-17-99 EXTRACURRICULAR ACTIVITIES It shall be the policy of the School Board that the BCSA will adhere to the requirements established by the Arkansas Activities Association in regard to extracurricular activities. Although cognizant of the value of extracurricular programs, the Board believes the following points should be used by Administrators in determining whether or not pupils may participate in such activities: 1. That participation in the activities will not deprive students of the instructional time needed to successfully complete academic course work. 2. That care will be taken to ensure that these programs not interfere with the instructional school day. 3. That students' and/or organizations' activities may be curtailed or modified due to those activities' infringements on the instructional time needed by students to perform their academic work to satisfaction. Section J-28 Code: Date Issued: JHB-R 8-16-77 ACTIVITIES AND MANAGEMENT All students' activity money must be deposited with the bookkeeper in the administrator's office. The organization's sponsor or treasurer may deposit and receive receipt for the money. Withdrawals from the accounts may be made by presenting a requisition or written request stating the amount to be withdrawn and to whom it is to be paid; then a voucher will be issued against this account. The sponsor or administrator must sign the requisition or purchase order. Sales ticket, or signed voucher, for the amount of withdrawal must be attached to the requisition or written request. Disbursals will be made by check only. Code: Date Issued: JHCA 8-16-77 STUDENT CLUBS Student Clubs that provide group activities which are in conformance with the educational objective of the school system are to be encouraged to the extent that they contribute to the training and development of the student. Such clubs shall be under the direction and supervision of regular school personnel and in conformity with the policies of the Board. Student clubs must be approved by administrators, and any fund-raising projects must have prior approval of the administrator. Code: Date Issued: JHCA-R 8-14-79 STUDENT CLUBS Activities and organizations may adopt policies governing the conduct of students belonging to said activity or organization. Students that are members of activity or organization are subject to these policies. Even if these policies may differ from regular student policies, a student that violates activity or organizational policies, and/or school policies, is subject to the penalty stated in both policies. Section J-29 Code: Date Issued: JHCAA 8-16-77 SECRET SOCIETIES The State Laws of Arkansas prohibit student participation in any secret organization, sorority or fraternity. Legal Ref.: 80-2007, 1960 Code: Date Issued: JHCB 8-16-77 STUDENT GOVERNMENT The school may organize and maintain a student council or similar group. Student councils shall provide students an opportunity to participate in the organization of student activities by serving as a representative and helping to plan social and special programs during and after school. The council also serves as a forum for students' expression. Code: Date Issued: JHCC 8-16-77 STUDENT PUBLICATIONS Students are entitled to express in writing their personal opinions. The distribution of handwritten, duplicated, or printed material on school premises must be with the prior consent of the Administrator and may not interfere with or disrupt the educational process. Written expressions which are distributed must be signed by the authors. Students who edit, publish, or distribute handwritten, printed, or duplicated matter among their fellow students within the school must assume responsibility for the content of such publications. Libelous and obscene matter and personal attacks are prohibited in all publications. Unauthorized commercial solicitation will not be allowed on school property at any time. Section J-30 Code: Date Issued: JHD 8-16-77 STUDENT SOCIAL EVENTS Any school party or social affair must be approved by the administrator and given a date and time. All school parties must have school sponsors present as well as other sponsors that the administrator may require. Students must conduct themselves at school parties and activities as they would during a school day. Violation of this code of conduct is handled the same as it is during the day. All school activities must end at time specified by the administrator. The school will not sponsor or be responsible for parties that do not meet these requirements. Code: Date Issued: JHE-R 8-16-77 STUDENT PERFORMANCES Student performances or trips either at school or away from school shall be approved by the administrator. Performances out of state shall require approval of the administrator and/or Board. Code: Date Issued: JIHE 2-21-00 NO SOCIAL PROMOTION POLICY Due to the implementation and revision of standards, students will not be promoted unless they are proficient on K-4 Standards for Advancement. Criteria for meeting standards will be based on uniform/standardized assessments and scoring guides. Students not meeting Standards for Advancement will have opportunities for remediation throughout the school year; however, students who are not proficient or above on Standards for Advancement will not be promoted to the next grade. No Social Promotion will be implemented as follows: 2000 - 2001 K-2 students 2000 - 2002 Grade 3-4 students 2002 - 2003 Grade 5-12 students By the year 2002-2003, students in grades 5-12 will not be promoted unless they meet grade level/course criteria for Standards. Criteria for meeting standards will be based on uniform/standardized assessments and scoring guides. Code: Date Issued: JJB-R 8-16-77 OUTSIDE EMPLOYMENT Going to school is a full-time occupation. If students must take outside employment for part of the school day, they may apply for a work permit which will allow them to leave early. Students must initiate the work permit with their counselor and bring it to the administrator for approval Section J-31 Code: Date Issued: JKA 8-16-77 SOLICITATIONS OF STUDENTS Unauthorized commercial solicitations will not be allowed on school property at any time. Code: Date Issued: JQF 8-16-77 MARRIED STUDENTS Married students should report their marriage to the administrator and work very carefully with the administrator and counselor. Code: JQG Date Issued: 8-16-77 UNWED MOTHERS Unmarried students should counsel with the school counselor or nurse before and after the birth of her child. Code: Date Issued: JR 8-16-77 SCHOOL RECORDS An accurate cumulative student record folder must be kept for each pupil. The folders of pupils completing the elementary school are to follow the pupils through the junior and senior high school. Cumulative record folders of pupils who have dropped out of school are to be filed in the individual school. Cumulative record folders may include, but are not necessarily limited to, identifying data, academic work completed, level of achievement (grades, standardized test scores) attendance data, scores on standardized intelligence, aptitude, and psychological tests, interest inventory results, health data, family background information, teacher or counselor rating and observations, and verified reports of serious or recurrent behavior patterns. Section J-32 Code: Date Issued: JRA-R 8-16-77 SCHOOL RECORDS--COST OF TRANSCRIPT 1. All individuals will be given at least one free transcript. 2. While enrolled in BCSA and through August after graduation, individuals will be given free transcripts to apply for scholarships, college, work, etc. Also, those transcripts mailed by BCSA to other than post high schools will be free. 3. There will be a charge of $1.00 for transcripts, after the first free one, after August following graduation. 4. Those who have dropped out will be allowed one free transcript; others will be $1.00 each. Code: Date Issued: JRB 9-10-77 SCHOOL RECORDS - CONFIDENTIALITY OF PERSONALLY IDENTIFIABLE INFORMATION It shall be the policy of the BCSA to establish procedures in accordance with detailed criteria prescribed under Section 615(c) with regard to confidentiality of personally identifiable information including, but not limited to, notice to parents, access rights, hearing process, consent, safeguards, protecting children's rights, enforcement, and destruction of data. BCSA shall accept the confidentiality requirements as prescribed under 80-2133 Arkansas Statutes Annotated, as set forth in Procedures of Evaluation and Placement. Code: Date Issued: JRB-E 9-20-77 SCHOOL RECORDS--CONFIDENTIALITY Excerpts from procedures for evaluation and placement: Special Education and Related Services. POLICIES NOTICE TO PARENTS: Prior to any major child identification activity, the Arkansas Department of Education, local schools, and other State and local agencies participating in the activity shall give notice which is adequate to fully inform parents about the policies and procedures. Parents are guaranteed full and free access to information which is collected and maintained regarding their children from the local and/or state agency which maintains it. If that personally identifiable information is neither maintained by the Department of Education nor sought by the Department of Education from any other state or local agency serving the handicapped, there is no manner to assure that parent's access to a specific record is possible. If the State is required to collect personally identifiable data at some future date, these guidelines shall apply to that collection activity subject to existing State and Federal Law. The Department of Education and its local counterparts will not coordinate child find efforts with agencies failing to protect confidentiality under Section 613 (b) (B) of EHA-B as amended by Public Law 91-142. Access is guaranteed through 80-2135 Arkansas Statutes Annotated which provides that: "Every public school shall make and keep current a list of all handicapped children tested and examined. The results of tests and examinations shall be confidential, except that the parent or guardian and the child age 18 and over shall have access to the results, and physicians and other specialists may be given the results with the permission of the parents or guardian, or child age 18 and over." HEARING RIGHTS: Hearing rights of parents, and the rights to challenge the accuracy or appropriateness of such information is guaranteed under 80-2135 Arkansas Statutes Annotated, which states: "Every school shall test and examine, or cause to be tested and examined, each child it believes is handicapped. The tests and examinations shall be administered in accordance with rules and regulations of the Department of Education. All decisions pertaining to changes in the educational status of a child shall follow due process procedures established by the "State". Such due process shall include providing for parental prior notification of testing and provision of special education services, right to request educational and evaluation and special education services, and right to hearing and appeal of education decisions." CONSENT: All local education agencies shall obtain a signed consent statement before seeking data directly from the child by formal evaluation. Section 438 of the General Education Provisions Act shall apply. The foregoing shall be considered to the regulations adopted by the Department of Education to implement Section 19 of Act 102, as amended (Arkansas Statutes Annotated, 80-2133). SAFE GUARDS: Each agency providing special educational services is required under 80-2133 Arkansas Statutes Annotated to maintain personally identifiable data in a confidential manner. This will include the named responsibility of the director of each agency or his delegate as responsible for this task. It will be the responsibility of that person to: a. b. Assure that all data are maintained in locked storage. Maintain a current listing for public inspection of those persons who legitimately have access to the data. Each local education agency shall provide for the training of those persons using or collecting personally identifiable data as to the policies and procedures set forth in this Annual Program Plan Amendment and in Section 438 of the General Education Provisions Act. The Arkansas Department of Education will set minimum standards for this training and will provide technical assistance and consultation to local education agencies. DESTRUCTION OF DATA: All personally identifiable data collected for the purpose of determining those children needing and not needing special education and related services, and those children currently receiving and not receiving these services shall be destroyed within five years after the data is no longer needed to provide education services to the child, except that a permanent record consisting of a student's name, address, and telephone number, his/her grades, attendance record, classes attended, grade level completed and year completed may be maintained without time limitation. Prior to destruction of data, reasonable efforts shall be made to notify parents that they have the right to be provided with a copy of any data which has been obtained or used for the purpose previously mentioned. CHILDREN'S RIGHTS: All rights indicated in these guidelines with regard to parents shall pass to the child upon reaching majority, except in the case of a severely or profoundly handicapped child who is legally determined to be incompetent to make such decisions for him/herself, and for whom legal guardianship is required beyond age of majority. In those instances, the legally established guardian shall maintain the rights to privacy as outlined in this section. PROCEDURES NOTICE TO PARENTS: Agency Notices. All local counterparts of the Department of Education and each of the other participating state or local agencies will be notified via memorandum. A sample brochure will be provided to all local counterparts of the Department of Education and each participating state or local agency. This brochure will describe the existence of the data collection activity and may be adopted by each participating agency as a means for routinely informing the parents of each child who is receiving special educational services in Arkansas, or who is found to be in need of service, but on a waiting list. All participating agencies will be encouraged to use the sample brochure as provided. (NOTE: A copy of the sample brochure is included on page 32 in Part V-forms.) Since Arkansas does not have a significant population of non-English speaking citizens, parents will be notified in their native language primarily via individual interpretations of the brochure. ACCESS RIGHTS: The rights of parents to inspect this information is stipulated in the Family Educational Rights and Privacy Act, is assured according to the following policies and procedures. INSPECTION a. Requests by parents to inspect information which are made prior to a referral or evaluation conference shall be honored prior to the holding of that conference. b. Requests by parents to inspect information shall be honored without unnecessary delay, and in no case more than forty-five calendar days after the request has been made. c. Reasonable requests by parents for explanation conference shall be honored prior to the holding of that conference. d. Requests by parents for a listing of the types and locations of data collected, maintained, or used shall be honored. e. The authority of the parents to inspect and review data relating to his or her child may be presumed unless advised that the parent does not have the authority under Arkansas laws governing such matters as guardianship, separation, or divorce. f. If any record includes data on more than one child, the parents of those children shall have the right to inspect and review only the data relating to their child or to be in-formed of that specific data. COPIES OF INFORMATION: a. Parents shall have the right to request that copies of records containing data on his/her child be provided where failure to provide those copies would effectively prevent the parent from exercising the right to inspect and review that data. b. A reasonable fee may be charged for providing copies of information requested by parents so long as the fee does not effectively prevent the parents from exercising their right to inspect and review those records. c. No fee shall be charged for searching and retrieving data. OTHER: A record shall be kept of parties obtaining access to data collected, maintained, or used for the purpose of determining those children needing and not needing special education and related services, and those children currently receiving and not receiving these services. This record shall include the name of the party, the date access was given, and the purpose for which the party was authorized to use the data. This requirement shall not apply to parents and authorized employees of the local education agency. HEARING RIGHTS: Due process procedures established by the "State" are set forth in detail in this document. The following procedures shall apply with regard to hearing rights: a. A parent may request that appropriate amendments be made to data which he/she believes is inaccurate or misleading or violates the privacy of other rights of the child. b. After receiving the request, a decision shall be made within a reasonable period of time as to whether to amend the data in accordance with the request. c. Should the decision be a refusal to amend the data in accordance with the request, the parents shall be informed of this decision and advised of their right to a hearing. d. Upon request, the opportunity for a hearing shall be provided in order to challenge the data to insure that it is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child. The hearing shall be conducted according to the following procedures: 1. The hearing shall be held within a reasonable period of time after the local education agency has received the request, and the parent shall be given notice of the date, place, and time reasonably in advance of the hearing; 2. The hearing shall be conducted by the Administrator of the local education agency or his designee, neither of which shall have a direct interest in the outcome of the hearing; 3. The parent shall be afforded a full and fair opportunity to present evidence relevant to the contested data and may be assisted or represented by individuals of his or her choice at his or her own expense including an attorney; 4. shall make its decision in writing within a reasonable period of time after the conclusion of the hearing; and this decision shall be based solely upon the evidence presented at the hearing and shall include a summary of the evidence and the reasons for the decisions; 5. If, as a result of the hearing, the local education agency decides that the data is not inaccurate misleading, or otherwise in violation of the privacy or other rights of the child, it shall inform the parent of the right to place in the records it maintains on the child, a statement commenting on the data and setting forth any reasons for disagreeing with the decision of the agency. Should the parent choose to place such a statement in the records, the following procedures shall apply to the statement: 6. Be maintained as part of the records of the child as long as the record or contested portion thereof is disclosed by the agency to any party, the statement shall also be disclosed to the agency. CONSENT a. Prior to disclosing any personally identifiable data to other than authorized local education agency personnel for any purpose and prior to seeking personally identifiable data from the child by formal evaluation, the education agency shall provide the parents with a copy of the brochure, see page 32 Part V, Forms, or a similar document which shall describe the children on whom data will be maintained, the types of data sought, the sources from whom data will be gathered, the uses made of the data; the policies regarding storage, disclosure to third parties, retention, and destruction of all personally identifiable data; and all the rights of parents and children regarding this data; and the circumstances under which their written consent is required. b. Should parents refuse to sign the consent statement for formal evaluation, the agency shall have the option of either foregoing the evaluation and providing appropriate services on the basis of existing data, or seeing court appointment of a special guardian under applicable Arkansas law. c. The parent shall also be informed that refusal to consent to an evaluation shall not prevent the child from receiving beneficial services. This is in accord with 80-2133 of Arkansas Statutes Annotated which states: "& he responsibility to provide the appropriate services is not reduced by the object of a parent or guardian to an evaluation of the child's educational needs or to the child's participation in beneficial services designed to promote the well-being of the child..." Section-37 Code: Date Issued: JRB-R1 9-20-77 SCHOOL RECORDS-PERSON RESPONSIBLE FOR ASSURANCE OF CONFIDENTIALITY The person responsible for assuring confidentiality procedure in the BCSA shall be the administrator. Code: Date Issued: JRB-R2 9-20-77 SCHOOL RECORDS - RECORD OF ACCESS TO CONFIDENTIAL RECORDS A list of people who have permission for access to confidential records will be posted on the file containing said records. Others who gain access to a specific file and whose name does not appear on the list, will be added to that individual student's file. Section J-38 Code: Date Issued: JS 8-16-77 STUDENT FEES, FINES, AND CHARGES Fees for instructional supplies, other than textbooks, may be required by the school as needed. Authorized fee lists from will be reviewed, revised, approved, and published annually. It shall be the responsibility of the administrator to formulate the necessary controls and bookkeeping procedures to assure that monies are being correctly handled.
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