Lead Hill
02.26.07
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TABLE OF CONTENTS


SECTION 8—NONCERTIFIED PERSONNEL POLICIES


8.1—NONCERTIFIED PERSONNEL SALARY SCHEDULE    1
8.2— NONCERTIFIED PERSONNEL EVALUATIONS    2
8.3—EVALUATION OF NONCERTIFIED PERSONNEL BY RELATIVES    3
8.4— NONCERTIFIED EMPLOYEES DRUG TESTING    4
8.5— NONCERTIFIED EMPLOYEES SICK LEAVE    7
8.6—SICK LEAVE DONATION — NONCERTIFIED EMPLOYEES    8
8.7— NONCERTIFIED EMPLOYEES PERSONAL LEAVE    9
8.8— NONCERTIFIED EMPLOYEES PROFESSIONAL LEAVE    10
8.9—PUBLIC OFFICE – NONCERTIFIED PERSONNEL    11
8.10—JURY DUTY – NONCERTIFIED PERSONNEL    12
8.11—OVERTIME, COMPTIME, and COMPLYING WITH FLSA    13
8.12— NONCERTIFIED PERSONNEL OUTSIDE EMPLOYMENT    17
8.13— NONCERTIFIED PERSONNEL EMPLOYMENT    18
8.14— NONCERTIFIED PERSONNEL REIMBURSEMENT OF TRAVEL EXPENSES    19
8.15— NONCERTIFIED PERSONNEL TOBACCO USE    20
8.16—DRESS OF NONCERTIFIED EMPLOYEES    21
8.17— NONCERTIFIED PERSONNEL POLITICAL ACTIVITY    22
8.18— NONCERTIFIED PERSONNEL DEBTS    23
8.19— NONCERTIFIED PERSONNEL GRIEVANCES    24


8.19F—LEVEL TWO GRIEVANCE FORM - NONCERTIFIED    27
8.20— NONCERTIFIED PERSONNEL SEXUAL HARASSMENT    28
8.21— NONCERTIFIED PERSONNEL SUPERVISION OF STUDENTS    30
8.22— NONCERTIFIED PERSONNEL COMPUTER USE POLICY    31
8.22F—NONCERTIFIED PERSONNEL INTERNET USE AGREEMENT    32
8.23— NONCERTIFIED PERSONNEL FAMILY MEDICAL LEAVE    34
8.24—SCHOOL BUS DRIVER’S USE OF CELL PHONES    38
8.25— NONCERTIFIED PERSONNEL CELL PHONE USE    39
8.26—NONCERTIFIED PERSONNEL RESPONSIBILITIES GOVERNING BULLYING    40
8.27—NONCERTIFIED PERSONNEL LEAVE — INJURY FROM ASSAULT    42
8.28— DRUG FREE WORKPLACE - NONCERTIFIED PERSONNEL    43
8.28F—DRUG FREE WORKPLACE POLICY ACKNOWLEDGEMENT    45
8.29—REQUIREMENTS FOR PARAPROFESSIONALS    46
8.30—NONCERTIFIED PERSONNEL REDUCTION IN FORCE    47
8.31—NONCERTIFIED PERSONNEL TERMINATION AND NON-RENEWAL    49
8.32—NONCERTIFIED PERSONNEL ASSIGNMENTS    50






























NONCERTIFIED PERSONNEL









8.1—NONCERTIFIED (CLASSIFIED) PERSONNEL SALARY SCHEDULE

See Appendix C.

Legal References:    A.C.A. § 6-17-2301



Date Adopted: August 21, 2005
Last Revised:




















8.2— NONCERTIFIED PERSONNEL EVALUATIONS

Noncertified personnel may be periodically evaluated.

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




Date Adopted: June 12, 2003
Last Reviewed: November 17, 2005
Last Revised:


































8.3—EVALUATION OF NONCERTIFIED PERSONNEL BY RELATIVES

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












Date Adopted: June 12, 2003
Last Reviewed: November 17, 2005
Last Revised:


























8.4— NONCERTIFIED EMPLOYEES DRUG TESTING

Scope of Policy

Each person hired for a position which allows or requires that the employee operate any type of motor vehicle which is privately owned and operated for compensation, or which is owned, leased or otherwise operated by, or for the benefit of the District, and is operated for the transportation of children to or from school or school sponsored activity shall undergo a physical examination, including a drug test.1

Methods of Testing

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

Definition

Safety sensitive function includes:
a.    All time spent inspecting, servicing, and/or preparing the vehicle;
b.    All time spent driving the vehicle;
c.    All time spent loading or unloading the vehicle or supervising the loading or unloading of the vehicle; and
d.    All time spent repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.

Requirements

Employees shall be drug and alcohol free from the time the employee is required to be ready to work until the employee is relieved from the responsibility for performing work and/or any time they are performing a safety-sensitive function. In addition to the testing required as an initial condition of employment, employees shall submit to subsequent drug tests as required by law and/or regulation. Subsequent testing includes, and/or is triggered by, but is not limited to:
1.    Random tests;
2.    Testing in conjunction with an accident;
3.    Receiving a citation for a moving traffic violation; and
4.    Reasonable suspicion.

Prohibitions

A.    No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater;
B.    No driver shall use alcohol while performing safety-sensitive functions;
C.    No driver shall perform safety-sensitive functions within four (4) hours after using alcohol;

D.    No driver required to take a post-accident alcohol test under #2 above shall use alcohol for eight (8) hours following the accident or until he/she undergoes a post-accident alcohol test, whichever occurs first;
E.    No driver shall refuse to submit to an alcohol or drug test in conjunction with # 1,2, and/or 4 above;
F.    No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions when using any controlled substance, except when used pursuant to the instructions of a licensed medical practitioner, knowledgeable of the driver’s job responsibilities, who has advised the driver that the substance will not adversely affect the driver’s ability to safely operate his/her vehicle. It is the employee’s responsibility to inform his/her supervisor of the employee’s use of such medication;
G.    No driver shall report for duty, remain on duty, or perform a safety-sensitive function if the driver tests positive or has adulterated or substituted a test specimen for controlled substances.

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

Testing for Cause

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

Refusal to Submit

Refusal to submit to an alcohol or controlled substance test means that the driver
·    Failed to appear for any test within a reasonable period of time as determined by the employer consistent with applicable Department of Transportation agency regulation;
·    Failed to remain at the testing site until the testing process was completed;
·    Failed to provide a urine specimen for any required drug test;
·    Failed to provide a sufficient amount of urine without an adequate medical reason for the failure;
·    Failed to undergo a medical examination as directed by the Medical Review Officer as part of the verification process for the previous listed reason;
·    Failed or declined to submit to a second test that the employer or collector has directed the driver to take;
·    Failed to cooperate with any of the testing process; and/or
·    Adulterated or substituted a test result as reported by the Medical Review Officer.

Consequences for Violations

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


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

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




Legal Reference:    A.C.A. § 6-19-108
            49 C.F.R. § 382-101 – 605
            49 C.F.R. § part 40




Date Adopted: June 12, 2003
Last Reviewed: November 17, 2005
Last Revised:














8.5— NONCERTIFIED EMPLOYEES SICK LEAVE
    
Definitions
        
1.    “Employee” is an employee of the District working 20 or more hours per week who is not required to have a teaching license as a condition of his employment.
2.    “Sick Leave” is absence from work due to illness, whether by the employee or a member of their immediate family, or due to a death in the family. The principal shall determine whether sick leave will be approved on the basis of a death outside the immediate family of the employee.
3.    “Current Sick Leave” means those days of sick leave for the current contract year, which leave is granted at the rate of one day of sick leave per month worked, or major part thereof.*
4.    “Accumulated Sick Leave” is the total of unused sick leave, up to a maximum of ninety (90) days accrued from previous contract, but not used.
5.    “Immediate family” means an employee’s spouse, child, parent, or any other relative provided the other relative lives in the same household as the teacher.

Sick Leave

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

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

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

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

Sick leave is credited at the rate of one day per month worked.

Days accumulated above 90 days or at retirement will be paid at the minimum District sub pay for all employees. All accumulated days will be purchased upon retirement from the District for employees who have been with the District at least five years.

Legal References:    A.C.A. § 6-17-1202
A.C.A. § 6-17-1301 et seq.
Date Adopted: June 12, 2003
Last Reviewed: November 17, 2005
Last Revised: December 15, 2005


8.6—SICK LEAVE DONATION — NONCERTIFIED EMPLOYEES

Sick leave donation to another employee is established for the purpose of permitting employees, upon approval by the superintendent, to obtain sick leave in excess of accumulated and current sick leave, when the employee has exhausted all such leave.
Donations
Employees may donate up to two (2) sick leave days to another employee at their discretion each year. The donation shall not exceed twenty (20) days per contract year total from all employees. The days are to be used for serious personal or family illness, disabilities or accidents (not including accidents for which the employee is receiving Workers’ Compensation), which cause the employee to be absent from work and when the employee has exhausted all accumulated and current sick leave. Once twenty (20) days have been donated in a calendar year, no other donated days will be allowed.
No donated sick leave may be given to the employee who accepts retirement; is eligible for Social Security Disability; or other disability insurance or the employee returns to work.

Employees will submit a request form to the Superintendent. Personnel will be given the opportunity to donate after the request has been reviewed and approved.






Legal Reference:    A.C.A. § 6-17-1306    


Date Adopted:  December 15, 2005
Last Reviewed:
Last Revised:















8.7— NONCERTIFIED EMPLOYEES PERSONAL LEAVE

Employees of the district working 20 or more hours per week receive two (2) days of personal leave per contract year. An employee may take personal leave when he must be absent from work for reasons which do not entitle the employee to take sick leave.

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

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

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

Personal leave may not be taken the day before or the day after a holiday.
    
This policy does not apply to administrative personnel on twelve-month contracts.

Additional personal leave for bereavement is available for employees as follows:

·    Death in Family – Three days may be granted without loss of salary for the death of any member of the immediate family (an employee’s spouse, child, parent, or any other relative provided the other relative lives in the same household as the employee).
·    Death in Extended Family – One (1) day may be granted without loss of salary for the death of any member of the extended family (any relative by blood or marriage).
·    Personal or sick leave may be used for any additional days.

Leave arrangements may be made when possible and when properly requested for teachers who are performing official duties in a funeral ceremony. If such service is unpaid, salary will not be deducted.






Date Adopted: June 12, 2003
Last Reviewed: November 17, 2005
Last Revised: December 15, 2005









8.8— NONCERTIFIED EMPLOYEES PROFESSIONAL LEAVE

“Professional Leave” is paid leave granted for the purpose of enabling an employee to participate in professional activities (e.g., workshops or serving on professional committees) which improve the instructional program or the employee’s ability to perform his duties. Any employee seeking professional leave must make a written request to his immediate supervisor, setting forth the information necessary for the supervisor to make an informed decision. The supervisor’s decision is subject to review and overruling by the Superintendent.

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

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.








Date Adopted: June 12, 2003
Last Reviewed: November 17, 2005
Last Revised:



















8.9—PUBLIC OFFICE – NONCERTIFIED PERSONNEL

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

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

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

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







Cross Reference:    Policy # 8.17—Noncertified Personnel Political Activity




Legal Reference:    A.C.A. § 6-17-115




Date Adopted: June 12, 2003
Last Reviewed: November 17, 2005
Last Revised: November 17, 2005










8.10—JURY DUTY – NONCERTIFIED PERSONNEL

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

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

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








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




Date Adopted: June 12, 2003
Last Reviewed: November 17, 2005
Last Revised:



















8.11—OVERTIME, COMPTIME, and COMPLYING WITH FLSA

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

Definitions

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

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

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

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

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

Employment Relationships

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

1.    Between the District and student teachers;
2.    Between the District and its students;
3.    Between the District and individuals who as a public service volunteer or donate their time to the District without expectation or promise of compensation.

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

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


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.

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

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

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

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

Breaks and Meals

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

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

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

Overtime

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


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

Provided the employee and the District have a written agreement or understanding before the work is performed, compensatory time off may be awarded in lieu of overtime pay for hours worked over 40 in a workweek and shall be awarded on a one-and-one-half (1 1/2) time basis for each hour of overtime worked. The District reserves the right to determine if it will award compensatory time in lieu of monetary pay for the overtime worked. The maximum number of compensatory hours an employee may accumulate at a time is 20. The employee must be able to take the compensatory time off within a reasonable period of time that is not unduly disruptive to the District.

An employee whose employment is terminated with the District, whether by the District or the employee shall receive monetary compensation for unused compensatory time. Of the following methods, the one that yields the greatest money for the employee shall be used.
1.    The average regular rate received by the employee during the last 3 years of employment. Or
2.    The final regular rate received by the employee.

Overtime Authorization

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

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

Leave Requests

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

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


Record Keeping and Postings

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

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

Cooperation with Enforcement Officials

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

Legal References:    29 USC § 206(a), ACA § 6-17-2203; 29 USC § 207(a)(1), 29 CFR § 778.100; 29 USC § 207(o), 29 CFR § 553.50; 29 CFR § 778.218(a); 29 CFR § 778.105; 29 USC § 213(a), 29 CFR §§ 541 et seq.; 29 USC § 207(e); 29 CFR § 778.108; 29 CFR §§ 785.9, 785.16; 29 CFR § 516.2(7); 29 CFR §§ 785.1 et seq.; ACA § 6-17-2205, 29 CFR §§ 785.19; 29 USC § 207(a), 29 CFR § 778.100, 29 USC § 207(o), 29 CFR §§ 553.20 – 553.32 ; 29 CFR § 778.106; 29 USC § 207(g)(2), 29 CFR § 778.115; 29 USC § 207(o)(2)(A), 29 CFR § 553.23; 29 CFR § 553.20; 29 USC § 207(o)(4), 29 CFR § 553.27; 29 USC § 211(c), 29 CFR §§ 516.2, 516.3, 553.50; 29 CFR § 516.4; 29 CFR §§ 516.5, 516.6; 29 USC § 211(a)(b)


Date Adopted: June 12, 2003
Last Reviewed: November 17, 2005
Last Revised:

8.12— NONCERTIFIED PERSONNEL OUTSIDE EMPLOYMENT

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

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

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









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




Date Adopted: June 12, 2003
Last Reviewed: November 17, 2005
Last Revised:


















8.13— NONCERTIFIED PERSONNEL EMPLOYMENT

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

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

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








Date Adopted: June 12, 2003
Last Reviewed: November 17, 2005
Last Revised:



























8.14— NONCERTIFIED PERSONNEL REIMBURSEMENT OF TRAVEL EXPENSES

Employees shall be reimbursed for personal and/or travel expenses incurred while performing duties or attending workshops or other employment-related functions, provided that prior written approval for the activity for which the employee seeks reimbursement has been received from the Superintendent, principal (or other immediate supervision with the authority to make school approvals), or the appropriate designee of the Superintendent at the rate paid to Arkansas State employees on the first of July of each fiscal year.

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

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







Cross Reference: Policy #7.12




Date Adopted: June 12, 2003
Last Reviewed: November 17, 2005
Last Revised:















8.15— NONCERTIFIED PERSONNEL TOBACCO USE

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

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











Legal Reference:    A.C.A. § 6-21-609




Date Adopted: June 12, 2003
Last Reviewed: November 17, 2005
Last Revised:



















8.16—DRESS OF NON-CERTIFIED EMPLOYEES

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








Date Adopted: June 12, 2003
Last Reviewed: November 17, 2005
Last Revised:
































8.17— NONCERTIFIED PERSONNEL POLITICAL ACTIVITY

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

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

1.    Using students for preparation or dissemination of campaign materials;

2.    Distributing political materials;

3.    Distributing or otherwise seeking signatures on petitions of any kind;

4.    Posting political materials; and

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








Date Adopted: June 12, 2003
Last Reviewed: November 17, 2005
Last Revised:
















8.18— NONCERTIFIED PERSONNEL DEBTS

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

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

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

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








Date Adopted: June 12, 2003
Last Reviewed: November 17, 2005
Last Revised:

















8.19— NONCERTIFIED PERSONNEL GRIEVANCES

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

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

Group Grievance: A grievance may be filed as a group grievance if it meets the following criteria: (meeting the criteria does not ensure that the subject of the grievance is, in fact, grievable)
1.    More than one individual has interest in the matter; and
2.    The group has a well-defined common interest in the facts and/or circumstances of the grievance; and
3.    The group has designated an employee spokesperson to meet with administration and/or the board; and
4.    All individuals within the group are requesting the same relief.

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

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

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

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

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


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

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

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

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

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

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

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

Reprisals

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









Legal Reference:    ACA § 6-17-208




Date Adopted: June 12, 2003
Last Reviewed: November 17, 2005
Last Revised:






8.19F—LEVEL TWO GRIEVANCE FORM - NONCERTIFIED

Name: _______________________________________________

Date submitted to supervisor: ____________

Noncertified Personnel Policy grievance is based upon: _________________________________________________________________________________

Grievance (be specific): __________________________________________________________








What would resolve your grievance? _______________________________________________________






Supervisor’s Response

Date submitted to recipient: ____________








Date Adopted: June 12, 2003
Last Reviewed: November 17, 2005
Last Revised:



8.20— NONCERTIFIED PERSONNEL SEXUAL HARASSMENT

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

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

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

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

1.    Submission to the conduct is made, either explicitly or implicitly, a term or condition of an individual’s education or employment;
2.    Submission to, or rejection of, such conduct by an individual is used as the basis for academic or employment decisions affecting that individual; and/or
3.    Such conduct has the purpose or effect of substantially interfering with an individual’s academic or work performance or creates an intimidating, hostile, or offensive academic or work environment.

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

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

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

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

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

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

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

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









Legal References:    Title IX of the Education Amendments of 1972, 20 USC 1681, et seq.
            Title VII of the Civil Rights Act of 1964, 42 USC 2000-e, et seq.
            ACA § 6-15-1005 (b) (1)




Date Adopted: June 12, 2003
Last Reviewed: November 17, 2005
Last Revised:










8.21— NONCERTIFIED PERSONNEL SUPERVISION OF STUDENTS

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








Date Adopted: June 12, 2003
Last Reviewed: November 17, 2005
Last Revised:






























8.22— NONCERTIFIED PERSONNEL COMPUTER USE POLICY                        
The Lead Hill School District provides computers and/or computer Internet access for many employees, to assist employees in performing work related tasks. Employees are advised that they enjoy no expectation of privacy in any aspect of their computer use, including email, and that under Arkansas law, both email and computer use records maintained by the district are subject to disclosure under the Freedom of Information Act.

Passwords or security procedures are to be utilized as assigned, and confidentiality of student records relating to personnel is to be maintained at all times. Employees must not disable or bypass security procedures, disclose passwords to other staff members or students, or grant students access to any computer not designated for student use. It is the policy of this school district to equip each computer with Internet filtering software designed to prevent users from accessing material that is harmful to minors. The designated District Technology Administrator or designee may authorize the disabling of the filter to enable access by an adult for a bona fide research or other lawful purpose.

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









Legal References:    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: June 12, 2003
Last Reviewed: November 17, 2005
Last Revised:







8.22F—NONCERTIFIED PERSONNEL INTERNET USE AGREEMENT

Name (Please Print)________________________________________________________________

School____________________________________________________________Date____________

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

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

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

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

4. “Misuse of the District’s access to the Internet” includes, but is not limited to, the following:
a.    using the Internet for any activities deemed lewd, obscene, vulgar, or pornographic as defined by prevailing community standards;
b.    using abusive or profane language in private messages on the system; or using the system to harass, insult, or verbally attack others;
c.    posting anonymous messages on the system;
d.    using encryption software;
e.    wasteful use of limited resources provided by the school including paper;
f.    causing congestion of the network through lengthy downloads of files;
g.    vandalizing data of another user;
h.    obtaining or sending information which could be used to make destructive devices such as guns, weapons, bombs, explosives, or fireworks;
i.    gaining or attempting to gain unauthorized access to resources or files;
j.    identifying oneself with another person’s name or password or using an account or password of another user without proper authorization;
k.    using the network for financial or commercial gain without district permission;
l.    theft or vandalism of data, equipment, or intellectual property;
m.    invading the privacy of individuals;
n.    using the Internet for any illegal activity, including computer hacking and copyright or intellectual property law violations;
o.    introducing a virus to, or otherwise improperly tampering with, the system;
p.    degrading or disrupting equipment or system performance;
q.    creating a web page or associating a web page with the school or school district without proper authorization;


r.    attempting to gain access or gaining access to student records, grades, or files of students not under their jurisdiction;
s.    providing access to the District’s Internet Access to unauthorized individuals; or
t.    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;
u.    making unauthorized copies of computer software.
v.    personal use of computers during instructional time.

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

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

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



Employee’s Signature: _______________________________________________Date _____________








Date Adopted: June 12, 2003
Last Reviewed: November 17, 2005
Last Revised:












8.23— NONCERTIFIED PERSONNEL FAMILY MEDICAL LEAVE

Eligibility

The Lead Hill School District will grant up to twelve (12) weeks of leave in accordance with the Family Medical Leave Act of 1993 (FMLA) to its employees who have been employed by the District for at least twelve (12) months and for 1250 hours of service during the twelve (12) month period immediately preceding the commencement of the leave. The twelve (12) month period of eligibility shall begin on the first duty day of the school year. Leave will be granted 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.

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

If both the husband and wife are employed by the district and entitled to leave as defined above, the District may, as determined by the needs of the District, limit their leave to a combined total of twelve (12) weeks when taken for reasons 1 or 2 listed above or to care for a parent with a serious health condition.

Notice by Employees

Foreseeable: When the need for leave is foreseeable, the employee must provide the District with at least thirty (30) days advance notice before the leave is to begin. If thirty (30) days is not practicable, such as because of a lack of knowledge of approximately when the leave will be required to begin, notice must be given as soon as practicable. As soon as practicable means as soon as both possible and practical, taking into account all of the facts and circumstances in the individual case.

When the need for leave is for reasons 3 or 4 listed above, the employee should provide a medical certification from a health care provider supporting the need for leave at the time the notice for leave is given, but must provide certification at least fifteen (15) days prior to the date the leave is to begin.

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

Unforeseeable: When the approximate timing of the need for leave is not foreseeable, an employee shall provide the District notice of the need for leave as soon as practicable given the facts and circumstances of the particular case. Ordinarily, the employee shall notify the District within two (2) working days of learning of the


need for leave, except in extraordinary circumstances where such notice is not feasible. Notice may be provided in person, by telephone, telegraph, fax, or other electronic means.

Medical Certification

The required medical certification from a licensed, practicing health care provider of the need for FMLA leave for reasons 3 or 4 listed above 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. 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.

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 employees expense, no more often than every thirty (30) days unless one or more of the following circumstances apply;

a.    The employee requests an extension of leave;

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

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

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

No second or third opinion on recertification may be required.

Concurrent Leave

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

Workers Compensation: FMLA leave may run concurrently with a workers’ compensation absence when the injury is one that meets the criteria for a serious health condition.

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’ business office on or before it would be made by payroll deduction.

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

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

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

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

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

Reporting Requirements During Leave

Employees shall inform the District every two 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 will make a determination at that time regarding the documented need for a severance of the employees contract due to the inability of the employee to fulfill the responsibilities and requirements of their contract.

Intermittent Leave

The District will honor employee requests for intermittent leave as prescribed by the FMLA and that are in the best interests of the District.


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.








Legal References:    29 USC 2601 et seq.
            29 CFR 825.100 et seq.



Date Adopted: June 12, 2003
Last Reviewed: November 17, 2005
Last Revised:



























8.24—SCHOOL BUS DRIVER’S USE OF CELL PHONES

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




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




Date Adopted: June 12, 2003
Last Reviewed: November 17, 2005
Last Revised:























8.25— NONCERTIFIED PERSONNEL CELL PHONE USE

Use of cell phones by employees during work or instructional time is strictly forbidden.








Date Adopted: June 12, 2003
Last Reviewed: November 17, 2005
Last Revised:
































8.26—NONCERTIFIED PERSONNEL RESPONSIBILITIES GOVERNING BULLYING

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

District staff are required to help enforce implementation of the district’s anti-bullying policy. The district’s definition of bullying is included below. Students who bully another person are to be held accountable for their actions whether it occurs on school grounds; off school grounds at a school sponsored or 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.

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

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

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

2.    Pointed questions intended to embarrass or humiliate,

3.    Mocking, taunting or belittling,

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

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

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

7.    Blocking access to school property or facilities,

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

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

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

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




Legal Reference:    A.C.A. § 6-18-514




Date Adopted: June 12, 2003
Last Reviewed: November 17, 2005
Last Revised:
































8.27—NONCERTIFIED PERSONNEL LEAVE — INJURY FROM ASSAULT

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

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

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









Legal Reference:    A.C.A. § 6-17-1308




Date Adopted: June 12, 2003
Last Reviewed: November 17, 2005
Last Revised:
















8.28— DRUG FREE WORKPLACE - NONCERTIFIED PERSONNEL

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

To help promote a drug free workplace, the district shall establish a drug-free awareness program to inform employees about the dangers of drug abuse in the workplace, the district's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance abuse programs, and the penalties that may be imposed upon employees for drug abuse violations. Such services are available by from the following sources: 1.) Your doctor, or 2>) Phone UAMS/AHEC at 870-391-3529.

Should any employee be found to have been publicly under the influence of, or in illegal possession of, any illegal drug, controlled substance or alcohol, whether or not engaged in any school or school-related activity, the employee may be subject to discipline, up to and including termination.

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

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

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

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

Any employee so charged is subject to discipline, up to and including termination. However, the failure of an


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

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

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

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

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




Cross Reference: Policy 3:39

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




Date Adopted: November 17, 2005
Last Reviewed:
Last Revised:


8.28F—DRUG FREE WORKPLACE POLICY ACKNOWLEDGEMENT

CERTIFICATION

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
























Date Adopted: November 17, 2005
Last Reviewed:
Last Revised:







8.29—REQUIREMENTS FOR PARAPROFESSIONALS

No Child Left Behind (NCLB) requires that Title I paraprofessionals who have any student instructional contact be “highly qualified.” This requires that, at a minimum, they shall have:

1.    completed at least 2 years of study at an institution of higher education;
2.    obtained an associate's (or higher) degree;
3.    taken and passed the Parapro Assessment Test certifying they are highly qualified; or
4.    satisfied any other state or federal requirement for paraprofessionals to be “highly qualified.”

New employees hired as paraprofessionals are required to have met the qualifications criteria as an initial condition for employment. Title I paraprofessionals who have any student instructional contact already employed by the district as of January 8, 2002 must be able to meet the qualifications criteria by January 1, 2006.

The superintendent shall determine if, in his or her opinion, a paraprofessional employed by the district prior to January 8, 2002 may be reasonably expected to satisfy the requirements imposed by NCLB or state requirements by January 1, 2006. No later than 30 days prior to each paraprofessional’s contract commencement date the superintendent shall notify paraprofessional employees deemed unlikely to satisfy NCLB and/or state requirements that they are being recommended for non-renewal. In the event that, subsequent to contract renewal, the superintendent determines the paraprofessional employee does not meet the definition of “highly qualified,” it shall be grounds for termination of the paraprofessional’s contract of employment.

An exception to the highly qualified requirements of NCLB is allowed for paraprofessionals who are proficient in English and a language other than English and who provide services primarily to enhance the participation of children in programs served under Title I by acting as a translator; or whose duties consist solely of conducting parental involvement activities consistent with the requirements of NCLB.

For example: if an employee still needs 30 college credit hours to attain highly qualified status by the contract renewal date of Aug 1, the superintendent can reasonably assume there is no way the hours can be obtained in the single semester available between August 1 and January 1.




Legal Reference:    20 USC § 6319(c)(d)(e)


Date Adopted: November 17, 2005
Last Reviewed:
Last Revised:

8.30—NONCERTIFIED PERSONNEL REDUCTION IN FORCE

The School Board acknowledges its authority to conduct a reduction in force (RIF) when a decrease in enrollment or other reason(s) make such a reduction necessary or desirable. A RIF will be conducted when the need for a reduction in the work force exceeds the normal rate of attrition for that portion of the staff that is in excess of the needs of the district as determined by the superintendent. Every effort will be made to notify personnel by May 1st of each year.

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

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

Classified District Positions:

Nurse:    Meet state licensing requirements; good people skills; able to work with poverty level children in a positive manner; able to see what needs to be done and do it; organized; maintain health files; keep a professional appearance; and regular attendance. Paid on supervisory schedule.
Secretarial: Excellent public relations skills; computer skills including Microsoft Office; good time management; able to work without supervision; maintain all school and district files; knowledge of scheduling and APSCN, able to see what needs to be done and do it; keep a professional appearance; and regular attendance. Secretaries who assist the Financial Assistant are paid on the supervisory schedule.
Cafeteria Secretary: Maintain records for cafeteria. Order foods as directed by the Cafeteria Director. Have knowledge of general secretarial skills and utilize the Meal Tracker System. For seniority purposes, cafeteria secretary and secretarial job classifications will be combined.
Financial Assistant/Bookkeeper: Full knowledge of APSCN as it relates to financial needs or able to be trained; organized; good public relations skills; able to see what needs to be done and do it; keep a professional appearance; and regular attendance. Paid on beginning teacher schedule.


Curriculum Aides: Meet NCLB requirements; able to see what needs to be done and do it; coordinate curriculum according to teacher guidelines, supervise students without direct supervision from the teacher; technology literate; good manner with students; able to take direction from supervisor; ability to work with difficult children; keep a professional appearance; and regular attendance. For seniority purposes, curriculum aides and classroom aides job classifications will be combined.
Classroom Aides: Meet NCLB requirements; able to see what needs to be done and do it; good manner with students; able to take direction from supervisor; ability to work with difficult children; keep a professional appearance; and regular attendance.
Special Education Aides: Meet NCLB requirements; able to see what needs to be done and do it; good manner with students; able to take direction from supervisor; ability to work with special needs children; willing to complete unpleasant toileting tasks; willing to be bitten, kicked, scratched and accept it as part of the job; keep a professional appearance; and regular attendance.
Pre-K Aides: Meet NCLB requirements; able to see what needs to be done and do it; good manner with students and parents; able to take direction from supervisor; able to substitute in teacher’s absence; willing to change diapers, take care of child’s personal needs, show a pleasant personality; ability to work with difficult children; keep a professional appearance; and regular attendance.
Relief Aides: Assist secretaries and teachers with copying needs, lunchroom supervision, and other non-academic duties. No NCLB requirements need to be met.
Bus Driver: Meet all licensing requirements of the State of Arkansas; able to work without supervision; keep buses clean; notify supervisor of any mechanical problems; maintain an orderly and safe environment; keep a professional appearance; able to see what needs to be done and do it; and regular attendance.
Maintenance:    A knowledge of equipment repair; general maintenance; electrical wiring; plumbing; sound systems; floor care; asbestos abatement; HVAC; able to see what needs to be done and do it; keep a professional appearance; and regular attendance.
Custodial: Knowledge of general cleaning practices; able to work without supervision; minor maintenance; able to see what needs to be done and do it; keep a professional appearance; and regular attendance.
Cook:    Knowledge of good nutrition (Food license preferable); measuring ingredients; reading recipes; sanitary practices, able to see what needs to be done and do it; keep a professional appearance; and regular attendance.
Assistant Cook: Able to see what needs to be done and do it; able to follow directions; aware of sanitary practices; keep a professional appearance; and regular attendance.
Supervisors of Above Areas: Knowledge of area to be supervised; able to lead employees; willing to go that extra “mile” to see that things are done properly; able to see what needs to be done and do it; keep a professional appearance; and regular attendance. Paid on the supervisory schedule.


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

Total years of service to the district shall include non-continuous years of service; in other words, an employee who left the district and returned later will have the total years of service counted, from all periods of employment. Less than a semester in any contract year does not count as a year of service. Length of service in a certified position shall not count for the purpose of length of service for a non-certified position. There is no right or implied right for any employee to “bump” or displace any other employee.

After determining District needs, non-certified employees will be ranked according to number. RIFs will be determined according to the needs of the District.

Pursuant to any reduction in force brought about by consolidation or annexation and as a part of it, the salaries of all employees will be brought into compliance, by a partial RIF if necessary, with the receiving district’s salary schedule and further adjustments made if length of contract or job assignments change.

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

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

Legal Reference:    A.C.A. § 6-17-2406

Date Adopted: January 19, 2006
Last Revised:
Last Reviewed:

8.31—NONCERTIFIED PERSONNEL TERMINATION AND NON-RENEWAL

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

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




Date Adopted: November 17, 2005
Last Reviewed:
Last Revised:
































8.32—NONCERTIFIED PERSONNEL ASSIGNMENTS

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




Date Adopted: November 17, 2005
Last Reviewed:
Last Revised: