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TABLE OF
CONTENTS Updated: August 1, 2007 |
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Assignment and
Reassignment of Teachers Assignment of Extra Duties for Certified Employees Assignment of Extra Duties for Non-Certified Assignment of Teacher Aides Certified Employee Dismissal and Non-renewal Certified Employee Personnel Benefits Certified Employee Planning Time Certified Personnel Employee Training Certified Personnel Records and Reports Certified Personnel Reduction in Force Classified Personnel Policies Committee Communication by Teachers Conflict of Interest Policy Crisis Plan Definitions Department Heads Drug Free Workplace - All Employees Duties of Employees Elective and Appointive Government Offices Employee Dress Code Employee Internet Use Employee Outside Employment Employee Political Activity Employer Provided Cellular Telephone and Pager Use Policy Equal Opportunity Employer Family and Medical Leave Act of 1993 Field Trip and Off Campus Leave Policy General Leave Policies Grievance Policy |
Leave of Absence for Personal Injury from Assault |
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STATEMENT OF AUTHORITY AND JURISDICTION [Back to Top]
The Board of Directors of Hot Springs School District No. 6 of Garland County, AR shall be the policy making body of the District, and shall perform all duties and responsibilities, and exercise powers pursuant to law and regulation(s) there under.
The Board and District shall comply with applicable laws, Federal and State, including, but not limited to: 1. Personnel 2. Students 3. Maintenance and operation of schools 4. Fiscal matters 5. Curriculum
Any policy, or part thereof, of the District, determined to be in violation of applicable laws shall be deemed to be modified or amended to conform to such law or regulation.
The ultimate authority for the operation of the District shall be the Board of Directors.
The Board shall organize, meet and operate pursuant to law. Roberts Rules of Order shall control meetings, unless a majority of a quorum shall vote otherwise.
A.C.A. 6-13-620 A.C.A. 6-13-101 ct.scq. A.C.A. 6-13-601 ct.seq.
DEFINITIONS [Back to Top]
Purpose:
To clarify and make uniform the definitions and meanings of terms or phrases utilized in any policy of Hot Springs School District #6. Definitions herein shall apply unless defined otherwise, modified or changed in a given policy of the district.
Definitions:
A.C.A. 6-13-620
EQUAL OPPORTUNITY EMPLOYER [Back to Top]
The District shall provide equal opportunities without regard to race, color, religion, gender, age national origin or disability in its educational programs, activities and all aspects of employment. The Superintendent shall designate a qualified employee as contact person concerning this policy and shall cause to be posed notice thereof as required by law or regulation.
Title VI. Civil Rights Act of 1964 Title IX. Education Amendments of 1972 Age Discrimination in Employment Act of 1967 Equal Pay Act of 1963 Section 504. Rehabilitation Act of 1973, as amended. The Americans with Disabilities Act of 1990, as amended.
SAFE, DRUG AND ALCOHOL FREE WORKPLACE [Back to Top]
The illegal manufacture, distribution, dispensation, possession or use of narcotics, drugs, alcohol, or controlled substance on District property, at school sponsored activities or during the course of employment is prohibited.
No employee shall report to work under the influence of any illegal drug or alcohol.
Violation of this policy may result in non-renewal or termination.
A.C.A. 6-13-620 CRISIS PLAN [Back to Top]
The Principal of each school shall establish a plan to deal with any threat to the safety and well-being of all persons under the jurisdiction of the District. Such threats include, but are not limited to, those related to weather, fire, bomb threats, and those caused by any persons(s) that could result in harm or injury to persons or property.
A.C.A. 6-13-620
EMPLOYEE USE OF INTERNET [Back to Top]
Employees of the District who are allowed to use school owned computers and/or given internet access are expected to use this technology to perform their job responsibilities. Employees who violate technology user agreements are subject to the penalties in the agreement and may also be subject to disciplinary action for violations. Recreational or personal use of the equipment and technology is not permitted, whether before, after or during the work day. In addition, technology may not be used to violate other policies. If this occurs, the employee will be subject to discipline both for technology misuse and policy violation. Violation of this policy may result in non-renewal or termination.
The Superintendent shall develop a technology user agreement to be executed by an employee as a condition to use of computers and internet access. Such agreement shall be appropriate to each school, depending upon available technology.
A.C.A. 6-21-107
TEACHING CONTRACTS [Back to Top]
Teachers have up to thirty (30) days to sign and return a teaching contract after its receipt. Upon the expiration of said thirty (30) days, such contract may be considered to have been rejected, and the employee’s resignation is effective on that date.
A.C.A. 6-17-1506
LEVELS OF SALARY SCHEDULE [Back to Top]
General:
There are five levels of pay for the certified staff of Hot Springs School District. Those five levels are Bachelor’s, Bachelor’s plus fifteen hours, Masters, Masters plus fifteen hours, and Professional.
Guidelines:
Except as noted below, all hours that qualify staff members for higher pay levels must be education related graduate hours. In some special circumstances, and when approved in advance by the superintendent, specific undergraduate hours may count toward higher pay increments if doing so is to the advantage of the district.
Hours accumulated after the initial degree but prior to initial certification may not be used for a higher pay level if those hours apply toward the initial certification. However, the graduate hours accumulated that are in addition to those required for the initial certification, and are education related, may be counted toward higher levels.
To qualify for the Master’s pay level, an individual must have a Master’s degree.
Only those hours accumulated after the Master’s degree is received will count for the pay levels higher than the Master’s. However, graduate hours accumulated while earning the Master’s degree that do not count for credit toward the degree, but are beneficial to the district and approved in advance by the superintendent, may count as hours above the Master’s.
To qualify for the professional pay level an individual must have 30 hours above the Master’s degree.
A form showing the pay level, with supporting documentation, and approved by the superintendent, will be placed in all new certified personnel’s permanent file. The form will be updated and approved by the superintendent as the pay levels are changed.
TEACHER’S HOURS [Back to Top]
The regular school day for all teachers shall be from fifteen (15) minutes prior to fifteen (15) minutes after the bells for the regular school day for students. Teachers will also work one hour per week in addition to the above time. The time for the additional hour will be set by the principal, and may be in 30 minute increments or a 60 minute time period. On days of duty as assigned by the Principal, said school day shall be from thirty (30) minutes prior to thirty (30) minutes after said bells, unless modified by the principal. Certified personnel may leave school during the school day with prior approval of the Principal.
In addition to regular school day, teachers shall attend staff meetings, professional growth activities, in-service training, and any other school related activities at the discretion of the Superintendent and/or Principal.
A.C.A. 6-13-620
DUTIES OF EMPLOYEES [Back to Top]
A teacher shall perform all duties and responsibilities associated with education students and promoting the growth and development of students.
Such duties and responsibilities include, but are not limited to, the following: 1. Classroom instruct 2. Supervision and discipline 3. Professional growth and development 4. Attendance at specified activities and meetings 5. Any activity or assigned duty associated with teaching in the ordinary sense.
The duties and responsibilities of an employee shall be determined by the supervisor of the employee, subject to review by the Superintendent and/or Principal if applicable. Such duties and responsibilities shall be pursuant to generally accepted duties of the particular job to be performed.
A.C.A. 6-13-620
COMMUNICATION BY TEACHERS [Back to Top]
Teachers shall communicate personally with the parent(s) or guardian(s) of each student during the school year to discuss academic progress.
Conference may be a parent-teacher conference, telephone conference, or home visit.
More frequent conferences shall be held if a student is not performing at the level expected for their grade, depending upon the circumstances.
All teachers shall hold such conferences at least once a semester.
Conferences shall best accommodate those participating and documentation of participation shall be made.
Notice of possible retention at any grade level shall be communicated promptly in a personal conference.
State Department of Education Regulations – Standard VIIE
PROFESSIONAL GROWTH, STAFF DEVELOPMENT AND TRAINING [Back to Top]
The Superintendent shall establish such programs and activities to satisfy requirements of accreditation standards promulgated by the State Board of Education. Such programs and activities may include in-service training or out of district t training. Days will be built into the District calendar each year to meet the requirements of this policy.
Employee credit for staff development shall be determined by the actual hours in attendance at any activity or meeting designated for the professional growth and development of the employee.
Each Principal shall hold a meeting for teachers at least one (1) time a month during the school year. Additional meeting for teachers or employees may be held at the discretion of the Principal.
Teachers and employees shall attend professional meetings and workshops as directed by the Superintendent. Paid leave shall be granted the teacher or employee.
Activities and programs may include, but are not limited to, the following: seminars, workshops, and conferences, inter-classrooms visitations, attendance at state, regional and national conferences, department and grade level meetings, and college and university courses.
A.C.A. 6-13-620 State Board of Education Regulations – Standard XD
GENERAL LEAVE POLICIES: [Back to Top]
Leave of Absence:
The Board of Directors of the district, upon the recommendation of the Superintendent, may grant any employee a leave of absence without pay for a minimum of one (1) semester and a maximum of two (2) semesters. To be eligible, an employee must have been employed a minimum of three (3) years by the district and renewed for the fourth (4th) year.
Requests for leave of absence must be timely and made to the Superintendent in writing. Persons on leave of absence must notify the Superintendent in writing at least forty-five (45) days prior to the end of the semester in which the leave would expire of his or her desire to be re-employed the next succeeding semester.
An employee granted leave of absence shall have first choice of a vacancy in his or her area of certification or field and shall be re-employed at the option of said employee. If the employee refuses such available employment, the employee shall have no further priorities or rights to re-employment. Re-employment may be in any building or school within the district, and does not have to be the same as the previous employment of the employee.
Professional Leave:
The Superintendent, of his/her designee, may grant professional leave with pay to any employee for attendance or participation in activities connected with the employment of the employee. Such leave may include expenses for travel, meals, and lodging when appropriate.
Vacation Leave:
Employees on twelve (12) months contracts earn ten (10) days vacation leave with pay each fiscal year, or a pro-rated number of days for each month of employment if employed subsequent to the beginning of the fiscal year. Days thus earned may be taken during the subsequent fiscal year and are not cumulative. After completing three (3) years of employment, an employee shall earn twelve (12) days of vacation leave with pay each fiscal year. The days of vacation leave must be approved and documented by the employee’s supervisor and the Superintendent.
Holidays:
All employees on twelve (12) months contracts shall be entitled to observe the following holidays: Labor Day, 4th of July, Memorial Day, Martin Luther King Day, Thanksgiving (Thursday and Friday), Christmas vacation as set by school calendar, one day during spring break of the school calendar as set by the Superintendent. All employees on a contract for less than twelve (12) months shall be entitled to holidays as established by the school calendar.
Jury Duty:
Any employee of the district may serve on jury duty without any deductions from their salary and without loss of any credited or accumulated leave.
A.C.A. 6-13-620
FAMILY AND MEDICAL LEAVE ACT OF 1993 [Back to Top]
The district acknowledges that teachers and employees may be eligible for entitlements provided under the Family and Medical Leave Act. Any teacher or employee is required to substitute any or all available accrued sick leave days under the Sick Leave Policy of the district for any part or all, as the case may be, of the twelve (12) weeks period of leave provided for under the Family and Medical Leave Act. The district shall not provide paid sick leave where the teacher or employee has no such leave available or accrued.
The Superintendent shall make information about the Family and Medical Leave Act available to teachers and employees upon request and shall post notice thereof as required by the law.
LEAVE OF ABSENCE FOR PERSONAL INJURY FROM ASSAULT [Back to Top]
The Board of Education of the Hot Springs School District #6 shall grant 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 employee in the course of employment in the public school leave at full pay while the employee is unable to return to work. An “assault or other violent criminal act” is defined as “a direct attack on the person of the employee and includes personal injury suffered while intervening in student fights, restraining a student or protecting a student from harm”.
The leave shall last as long as the employee is unable to return to work but not to exceed one (1) 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, e.g., police.
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 School 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 disagreement between the employee’s doctor and the Board’s doctor, a third opinion shall be requested from a medical doctor that both the Board and the employee 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 workers’ compensation nor 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 School Board shall be final, and that decision shall not be subject to appeal through any administrative processing, including District grievance policies or procedures.
A.C.A. 6-17-1209: A.C.A. 6-17- 1308
Revised June 27, 2000
SALARY DEDUCTIONS [Back to Top]
The district shall, upon signed request by any employee and for the purpose of payment of group insurance or professional membership dues of any bona fide teacher’s organization, deduct and deliver to the appropriate organization a designated amount from the employee’s monthly salary. Payment of professional membership dues may be made in an annual lump sum upon request.
The district will discontinue salary deductions at the written request of the employee.
A.C.A. 6-17-804. A.C.A. 6-17-805
WORKERS COMPENSATION BENEFITS [Back to Top]
Purpose:
Administration:
A.C.A. 6-17-1401 ct.scq. A.C.A. 11-09-101 ct.scq.
SEXUAL HARASSMENT – Student and Employee [Back to Top]
Purpose:
Sexual harassment is sex discrimination under Title IX. It is the policy of the District to maintain a learning and working environment that is free from sex discrimination, including sexual harassment.
Authority:
It shall be a violation of this policy for any employee of the district to harass a student or other employee through conduct or communications of a sexual nature as defined below. It shall also be a violation of this policy for students to harass other students or employees of the district through conduct or communications of a sexual nature as defined below.
Definitions:
Unwelcome sexual advances, requests for sexual favors and other inappropriate oral, written or physical conduct of a sexual nature when made by a employee or when made by a student constitute harassment when:
1. submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual’s education;
2. submission to or rejection of such conduct by an individual is used as the basis for academic decisions affecting that individual; or
3. such conduct has the purpose or effect of substantially interfering with an individual’s academic or professional performance or creating an intimidating, hostile or offensive academic environment or work place.
following.
Procedures:
Any person who alleges sex discrimination or sexual harassment by any staff member or student may use the District’s equity complaint procedure (detailed below) or may complain directly to the building principal, guidance counselor or to Equity Coordinator, the individual designated to receive such complaints. Filing of a complaint or otherwise
Reporting sexual harassment or sex discrimination will not reflect upon the individual’s status nor will it affect future employment, grades or work assignments. Use of the provided reporting forms is optional.
Upon receipt of a report of sexual harassment, the building principal or guidance counselor or other staff member shall immediately notify the Equity Coordinator without screening or investigating the report. If the report is given verbally, the principal, counselor or staff member will reduce it to a written form within 24 hours and forward it to the Equity Coordinator. Failure to report any sexual harassment report or complaint as provided will result in disciplinary action taken against that employee.
If the complaint involves the building principal or counselor, the complaint may be filed directly with the Superintendent or Equity Coordinator. If the complaint involves the Equity Coordinator, the complaint may be filed with the Superintendent. If the complaint involves the Superintendent, the complaint may be filed with the Equity Coordinator.
The Equity Coordinator shall immediately authorize an investigation, which may be conducted by school officials. A written report on the investigation will be provided to the Equity Coordinator within 10 school days of the complaint or report of sexual harassment.
The investigation may consist of personal interviews with the person filing a complaint, the individual(s) against whom the complaint is filed and others who may have knowledge of the alleged incident or circumstances surrounding the complaint.
In addition, the District may take immediate steps, at its discretion, to protect the person filing the complaint, students and employees pending the completion of the investigation.
The Equity Coordinator shall make a report to the Superintendent within two school days of the completion of the investigation.
School District Action
Upon receipt of a recommendation that the complaint is valid, the District will take such action as appropriate based on the results of the investigation. If the harasser is a student, disciplinary action may include suspension or expulsion. If the harasser is an employee, disciplinary action may include termination or non-renewal.
The result of the investigation of each complaint filed under these procedures will be reported in writing to the person filing the complaint by the District. If the harasser is a student, the report will document the action taken as a result of the complaint to the extent permitted by FERPA. If the harasser is an employee of the District, the report will document the action taken as a result of the complaint to the extent permitted by law.
Reprisal
The District will discipline any individual who retaliates against any person who reports alleged sexual harassment or who retaliates against any person who testifies, assists or participates in an investigation proceeding related to a sexual harassment complaint. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment.
Title IX – Civil Rights Act of 1964, as amended.
A.C.A. 6-15-1005
PERSONNEL RECORDS [Back to Top]
A personnel file shall be maintained for each employee. Any employee shall have the right to inspect or copy at their expense said file upon reasonable notice and during normal working hours. A third person may inspect the file upon written request from the employee. That written request will become a part of the file. Employees have the right to submit for inclusion in the file written information in response to any material in the file.
A.C.A. 6-17-1505
DEPARTMENT HEADS [Back to Top]
Department heads will be appointed by the principal of each school. There shall be one department head for each grade level at each elementary school. Middle school and high school department heads shall be by subject area as follows: Middle School – math, science, English, social studies, counselor and vocational. High School – math, science, English, social studies, counselor, business, special education, foreign language, health/P.E. and vocational. All teachers shall be assigned a department at the discretion of the principal.
Any teacher may apply for a department head position. Application must be made in writing to the principal prior to April 15 for the next succeeding school year. Duties of the department head shall be assigned by the principal. Meetings of department heads may be held outside normal school hours at the discretion of the principal.
Department heads will be paid a stipend of $550.00 for three (3) teachers in the department, and $50.00 increments for each additional teacher to a maximum of $900.00. Teachers on probationary status pursuant to Arkansas law are not eligible to be department heads.
A.C.A. 6-13-620
TUTORING [Back to Top]
Tutoring students by any employee of the district may be done with prior approval of the employee’s supervisor or principal. Any approved tutoring shall be considered outside employment and shall not be considered part of an employee’s contract with the district, and the district shall not be responsible for any acts or omissions of said tutor.
A.C.A. 6-13-620
EMPLOYEE DRESS CODE [Back to Top]
The Superintendent, or his designee, shall have the responsibility of establishing regulations for appropriate dress of all persons employed by the District based upon circumstances of the employment.
A.C.A. 6-13-620
ELECTIVE AND APPOINTIVE GOVERNMENT OFFICES [Back to Top]
All employees shall have the right to seek elective or appointive offices in government.
No activities in pursuit of such office shall interfere with assigned duties of any employee, and no district facilities or property of any kind shall be utilized in any manner in the pursuit. The Superintendent is authorized to take appropriate action for any violation of this provision, including a deduction from pay for misuse of contractual time.
Paid leave shall not be granted under this policy.
Available personal leave days may be used under this policy, with prior approval of the superintendent.
The Board, upon request, may grant a maximum of five (5) days of unpaid leave to an employee, under this policy. The employee will be responsible for the expense of a substitute employee (or the sum of $39 per day if no substitute is required).
Fraudulent use of sick leave days, or any other available leave days, to pursue activities authorized under this policy will result in appropriate disciplinary action including, but not limited to, non-renewal or termination.
A.C.A. 6-17-115 A.C.A. 6-17-116
PERSONNEL POLICIES COMMITTEE [Back to Top]
Purpose:
It shall be the responsibility of the Personnel Policies Committee (PPC) to review and make recommendations regarding policies of the district affecting certified personnel.
Membership:
The PPC shall consist of six (6) certified classroom teachers and three (3) administrators. There shall be two (2) members from the K-5 level, two (2) members from the 6-12 level and two (2) members at large. The election of said certified classroom teacher members shall be conducted in September of each year by the then existing PPC as provided by law. Appointment of administrative members shall be made by the Superintendent in September of each year, subject to review by the board.
The term of membership on
the PPC shall be three (3) years, with present members serving the remainder
of existing terms as previously determined.. In the event of a vacancy on the PPC, for any reason, the certified classroom teachers, or administrators, as the case may be, shall appoint replacements for the respective vacancy, to complete the term of said position.
Operation:
The PPC shall organize itself and conduct business as provided by law.
A.C.A. 6-17-203 A.C.A. 6-17-205
ASSIGNMENT AND REASSIGNMENT OF TEACHERS [Back to Top]
The Hot Springs School District board of education has the authority to assign and reassign or transfer all teachers upon the recommendation of the superintendent.
A.C.A. 6-17-303
ASSIGNMENT OF EXTRA DUTIES FOR CERTIFIED EMPLOYEES [Back to Top]
From time to time extra duties may be assigned to certified employees by the school principal or the Superintendent as circumstances dictate.
A.C.A. 6-17-201
CERTIFIED EMPLOYEE DISMISSAL AND NON-RENEWAL [Back to Top]
For procedures relating to the termination and non-renewal of certified employees, refer to the Arkansas Teacher Fair Dismissal Act, A.C.A. 6-17-1501 through 1510.
A copy of the act is available for review in the office of the principal of each school building.
A.C.A. 6-17-201
PERSONNEL EMPLOYMENT [Back to Top]
All prospective employees must fill out an application form provided by the District, in addition to any resume provided or required, all of which information shall become a part of and placed in the personnel file of those employed.
If the employee provides false or misleading information, or if he/she withholds information to the same effect, it may be grounds for dismissal.
Hot Springs School District is an equal opportunity employer and shall not discriminate on the grounds of race, color, religion, national origin, sex age, or disability.
ASSIGNMENT OF TEACHER AIDES [Back to Top]
The assignment of teacher aides shall be made by the principal or his/her designee. Changes in the assignments may be made as necessary due to changes in the student population, teacher changes, and to best meet the educational needs of the students.
ASSIGNMENT OF EXTRA DUTIES FOR NON-CERTIFIED EMPLOYEES [Back to Top]
From time to time extra duties may be assigned to non-certified employees by the school principal or designee, or the Superintendent, as circumstances dictate.
CERTIFIED EMPLOYEE PERSONNEL BENEFITS [Back to Top]
Hot Springs School District No. 6 provides certified employee benefits consisting of the following:
Health insurance assistance Contribution to teacher retirement system Eleven (11) days minimum sick leave days per work year (prorated for a partial year of employment). Two (2) days of personal leave (included in the total number of sick leave days, and not in addition thereto). Five (5) days of funeral leave per work year (limited to certain family members).
CERTIFIED EMPLOYEE PLANNING TIME [Back to Top]
A master schedule shall be created by the principal or his/her designee indicating when each certified teacher’s planning period and scheduled lunch period will be. Planning time is for the purpose of scheduling conferences, instructional planning, and preparation. Each teacher will have the ability to schedule these activities during his/her designated planning time. Certified employees may not leave campus during their planning time without prior permission from their building level supervisor.
CLASSIFIED PERSONNEL POLICIES COMMITTEE [Back to Top]
This policy shall apply to all classified employees of the district who are not required to hold a teaching license, issued by the State Board of Education, as a condition of employment.
All policies of the district shall apply to classified employees of the district, unless specifically limited to certified employees (employees required to have a teaching license issued by the State Department of Education as a condition of employment).
A classified personnel policy committee shall be formed and consist of the following:
1. At least one non-management representative from each of the following Classifications: a. maintenance and operation b. transportation c. food service d. secretarial and clerical e. aides and paraprofessionals
2. Three (3) administrators designated by the Superintendent.
The Classified Personnel Policies Committee shall be formed and organized pursuant to law (Act 1780 of 2003) and shall have the rights, duties and responsibilities prescribed by law.
The Superintendent shall establish necessary procedures and/or regulations necessary to implement this policy.
EMPLOYEE POLITICAL ACTIVITY [Back to Top]
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, or at any school sponsored activity. These activities include:
Using students for preparation or dissemination of campaign materials; Distributing political materials; Distributing or otherwise seeking signatures on petitions of any king; Posting political materials; and Discussing political matters with students, in or out of the classroom, in other than circumstances appropriate to the nature of the class.
EMPLOYEE OUTSIDE EMPLOYMENT [Back to Top]
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/her district employment which will interfere, or otherwise be incompatible with the district employment, including normal duties outside the regular work day; nor shall an employee accept other employment which is inappropriate for an employee of a public school.
The Superintendent or his/her designee shall be responsible for determining whether outside employment is incompatible, conflicting, or inappropriate.
A.C.A. 6-24-106,107,111
GRIEVANCE POLICY [Back to Top]
Purpose
To provide an orderly process for employees to resolve their concerns related to personnel policy, salary, federal or state laws and regulations, or terms or conditions of employment, at the lowest possible administrative level.
Definitions
Grievance – A grievance is any concern related to personnel policy, salary, federal or state laws and regulations, or terms or conditions of employment, raised by an employee. A group of employees who have the same grievance may file a group grievance. 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 or her supervision.
Employee – Any person employed under a written contract with the District.
Immediate Supervisor – The person immediately superior to an employee who directs and supervised the work of an employee.
Day – A calendar day, unless otherwise specified.
Process
All parties have the right to be represented by a person of their own choosing at any level of the proceeding, but not by a member of a party’s immediate family.
Level One – An employee who believes that he or she has a grievance should inform that employee’s immediate supervisor that the employee has a potential grievance and discuss the matter with the supervisor within five (5) working days of the occurrence of the grievance. (The five day requirement does not apply to grievances concerning back pay.) If the grievance is not advanced to Level Two within five days following the conference, the matter will be considered resolved and the employee shall have no further right with respect to said grievance.
If the immediate supervisor cannot resolve the grievance, 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, citing the specific reason(s) that has given rise to the grievance, within five (5) working days of the discussion with the immediate supervisor and submit the grievance form to the building principal. In the event the employee’s immediate supervisor is the building principal, the employee will submit the grievance to the Superintendent.
Level two – Upon receipt of a Level Two grievance, the building principal or Superintendent (hereinafter “recipient”) will require the immediate supervisor to respond to the grievance using the bottom half of the Level Two grievance form. The recipient will have ten work days to schedule a conference with the employee filing the grievance. After the conference, the recipient will have ten working days in which to deliver a written response to the grievance to the employee. If the grievance is not advanced to Level Three (if appropriate) or appealed to the Board of Directors within five days of the conference, the matter will be considered resolved and the employee shall have no further right with respect to said grievance.
Level Three – If the proper recipient of the Level Two grievance was the building principal, and the employee remains unsatisfied with the written response to the grievance, the employee may advance the grievance to the Superintendent by submitting a copy of the Level Two grievance form and the principal’s reply to the Superintendent within five working days of the date on the principal’s reply. The Superintendent will have ten work days to schedule a conference with the employee filing the grievance. 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 Directors within five (5) working days of the date on the Superintendent’s written response by submitting a written request for a board hearing to the board president, with a copy sent to the Superintendent. If the grievance is not appealed to the Board of Directors within five (5) days of the date on the Superintendent’s written response, the matter will be considered resolved and the employee shall have no further right with respect to said grievance.
The hearing on the grievance will be heard at the next regular meeting of the Board, unless the employee agrees in writing to an alternate date for the hearing. At the conclusion of the hearing, the Board of Directors may excuse all parties except board members and deliberate, unless the hearing is open, in which case any deliberations shall be in open meeting. If the grievance involves a personnel matter or issue, the board may deliberate in executive session, as provided by law. A decision on the grievance shall be announced no later than the next regular meeting.
The hearing shall be open or closed at the discretion of the employee. If the hearing is open, the parent or guardian of any student under the age of eighteen (18) years who gives testimony may elect to have the student’s testimony given in closed session.
Records
Records related to grievances will be filed separately and will not be kept in or made a part of the personnel file of any employee.
Reprisals
No reprisals of any kind will be taken or tolerated against any employee because he or she has filed or advanced a grievance under this policy.
A.C.A. 6-17-208
OVERTIME, LEAVE OF ABSENCE, AND COMPENSATORY PAY POLICY FOR EMPLOYEES SUBJECT TO THE FAIR LABOR STANDARDS ACT [Back to Top]
Purpose
The purpose of this policy is to ensure that the Hot Springs School District No. 6 complies with the minimum wage, overtime pay, compensatory pay, and record keeping requirements of the Fair Labor Standards Act (FLSA) of the United States. The FLSA requires that overtime be paid to non-exempt employees either in the form of monetary compensation or compensatory time at the rate of 1.5 times the regular hourly rate of pay for the number of hours worked in excess of 40 hours per week.
Exempt Employees
Certain employees are exempt from coverage under the FSLA and are not subject to compensation for overtime work. Exempt employees include executive, administrative, and professional employees such as teachers, counselors, supervisors, and administrators. Employees or supervisors who are unsure if an employee is exempt from coverage shall consult with the district’s administration.
Covered Employees
All employees in the job classifications listed below are non-exempt employees and are therefore covered under the FLSA:
Assistant Teachers (Aides) Bookkeepers Bus Drivers Custodians Food Service Workers Maintenance Personnel Receptionists Secretaries Transportation Staff Non-Teaching Staff (no teaching certificate required)
Some employees who work in the above areas may be exempt from coverage if they have supervisory responsibilities or if they are otherwise exempt under the FLSA.
Employment Relationships
An employment relationship is not created between student teachers or students and the district.
An employment relationship is not created between the district and individuals who volunteer or donate their time to the district as a public service without contemplation of pay.
The hiring of off-duty policemen or deputies on a part-time basis by the district for crowd control or for security purposes does not create a joint employment relationship between the district and the employer of the policemen or the deputy. The district is separate and distinct and acts entirely independent of other governmental entities.
A joint-employee relationship does not exist between the district and any entity contracted to provide transportation services, security services or other services.
Hours Worked
The workweek for the district begins on Sunday at 12:01 a.m. and ends on Saturday at 12:00 midnight. Each employee subject to the FLSA shall be paid for all hours worked. Compensable time includes all time and that an employee is required to be on duty.
Hours worked shall be accurately recorded by each employee in the manner provided by the district. Employees shall record the exact time of arrival and departure from work. Employees are expected to arrive and depart at or about the time specified by the district unless requested to work overtime by his or her immediate supervisor. Each employee shall record all overtime by time sheet or by time clock.
They will sign in at the first site where they begin working and sign out at the end of the day at the last site where they are working. They will also sign out for meal periods and other instances in which they are not working.
Employees who work two (2) or more jobs for the district shall sign or clock in and out for each job when changing jobs during the day.
Supervisors and building-level principals shall review and approve each time record or sign-in sheet weekly.
All employees must sign in for themselves. Any employee who clocks in or out or signs in or out for another employee, may be dismissed. Any employee who asks another employee to clock in or out or sign in or out for him or her may be dismissed.
Every non-exempt (classified) employee will review and report any discrepancies in their time records. They are required to sign the time sheet verifying that the time sheet reflects a true and accurate record of hours worked that pay period. Breaks and Meal Periods
The district is not obligated or required to provide meal periods, but will provide two (2) fifteen minute breaks per day for employees who work more than twenty (20) hours per week.
Meal periods in which employees are not relieved of duty are compensable. Those employees with bona fide meal periods shall be completely relieved of duty for the purpose of eating a regular meal and shall be free to leave the work site during this period. Employees having bona fide meal periods may eat in a school cafeteria or in a break area at a work site; however, the employee shall not engage in any work for the district during this period except for a rare and infrequent emergency.
Basic Monetary requirements
Employees subject to FLSA shall be paid not less than the current minimum wage.
Overtime Pay
Generally, employees subject to FLSA shall be paid not less than 1.5 times his or her regular rate of pay for all hours worked over 40 in a workweek. For those employees working two or more jobs for the district, overtime pay shall be calculated on the basis of remuneration received in a work week by the total hours worked in that work week. The employee shall be paid one-half of the blended hourly rate times the number of hours worked over 40.
Overtime pay due and employee shall be computed on the basis of the hours worked in each workweek and the overtime compensation earned by an employee shall be paid on the next regular payday for the workweek in which the overtime was worked. Overtime or compensatory pay may not be waived by an agreement between employer and employees.
The granting of compensatory time off in lieu of paying overtime pay is permitted provided compensatory time is awarded on a one-and-one-half time basis for each hour of overtime worked. The district reserves the right to grant compensatory time in lieu of paying employees monetary compensation. The supervisor and employee must have a written agreement or understanding that the employee will receive compensatory time before the work performed. The employee may accumulate a maximum of 40 compensatory time hours. The employee must take the compensatory time when it is agreeable with the supervisor. Compensatory time off in lieu of overtime pay is strictly at the discretion of the district.
Regular Rate of Pay
Any overtime pay will be based on the employee’s regular rate which will include all remuneration for employment. For those employees paid a simply hourly rate the overtime will be based on that hourly rate. For those employees paid on a salary basis, The monthly salary will be reduced to its hourly rate equivalent. Employees shall be paid for each and every hour worked.
Authorization for Overtime Work Required
Each district employee responsible for the supervision of employees subject to the FLSA, prior to permitting any overtime work shall receive appropriate authorization, as established by district regulations and procedures.
Non-exempt employees who work overtime/compensatory time without prior approval must be allowed to claim the hours worked in accordance with the FLSA. If the supervisor determines that the work was unforeseen or emergency in nature, it should be approved. If the supervisor determines that the performance of the work was unnecessary at the time it was performed, the hours worked must be paid to the employee, but disciplinary action must be taken for failure to follow established policy.
Record Keeping
The superintendent shall require all records on wages, hours, and other items listed in the record keeping regulations (29 CFR Part 615) to be kept by the business office for the time specified by the FLSA.
The superintendent or his or her designee shall secure a sufficient quantity of the minimum wage posters. One poster shall be displayed in each district work site.
Enforcement
District employees shall, at all times, cooperate with authorized representatives of the Department of Labor who may visit a work site for the following reasons:
1. to investigate and gather data concerning wages, hours, and other employment 2. to enter and inspect premises and records; 3. to question employees to determines whether any person has violated any provision of the FLSA.
District employees responsible for supervising employees subject to FLSA who willfully violate the terms of this policy shall be subject to disciplinary action by the district.
Non-Exempt Employee Leave Requests
All leave requests by non-exempt (classified) employees must be in accordance with policies and/or regulations and procedures established by the district or the superintendent, and must be documented in writing.
SCHOOL CALENDAR [Back to Top]
The Superintendent shall present to the Board, for its approval, the calendar for the succeeding year no later than the June regular Board meeting. The Superintendent, in developing the calendar, shall accept and consider recommendations from the Personnel Policy Committees and any staff member or group wishing to make calendar proposals.
Upon adoption, the calendar adopted by Hot Springs School District No. 6 shall become a part of this policy each year.
Act 1120 of 2003 A.C.A. 6-17-201
SICK LEAVE BANK [Back to Top]
The purpose of the Sick Leave Bank is to provide leave for long term illness or injury to eligible teachers and employees under the terms and conditions of this policy, when no other assistance is available.
Eligibility for Membership
A teacher or employee must have the equivalent of three (3) contract years of employment with the district to be eligible to participate in the bank.
Teachers and employees who are members of the bank on the effective date of this policy shall remain members unless they withdraw pursuant to the terms of this policy.
Upon enrollment in the bank one (1) day of sick leave must be contributed by the teacher or employee.
Enrollment or cancellation of membership must be made in writing no later than October 15 of each year. There will be no refund of contributed days upon cancellation of membership.
Administrative Committee
Administration of the bank shall be the duty and responsibility of a seven (7) member committee.
Committee members serving on the effective date of this policy shall remain members until the expiration of their terms.
The committee shall consist of one (1) each of the following: Administrative assistant Building supervisor K-5 teacher Middle School teacher High School teacher Non-certified employee Teacher-at-large
Terms of members shall be three (3) years and the year shall run from July 1 to June 30.
The committee shall elect a chairperson by majority vote.
Vacancies on the committee during a term shall be filled by majority vote of the committee, and the elected member shall serve the remainder of the vacant term.
Members, other than vacancies occurring during a term, shall be elected by a plurality of votes of members of the bank.
The committee shall establish times and procedures for meetings, upon majority vote of the committee.
Withdrawal of days – procedures, conditions, requirements and exceptions:
The committee shall have sole discretion, by majority vote of a quorum, to determine eligibility for withdrawal of days from the bank. The committee may require any information it deems necessary to make a decision, under the circumstances.
The following conditions must be met to be eligible to withdraw days from the bank:
Requests for withdrawal from the bank must be in writing on a form approved by the committee and must be accompanied by a statement from a licensed physician stating the need for continued absence, duration thereof and expected date of return. The statement shall clearly indicate the conditions requiring the absence.
A member may receive three (3) grants of leave from the bank, a maximum of ten (10) days each, per contract year. In no event shall more than thirty (30) days be granted in a contract year.
Any grant of days shall be retroactive to the date of eligibility for days from the bank, under the terms of this policy.
Assessment of days:
Each member shall be assessed one (1) day of sick leave at the beginning of each contract year. This assessment of one (1) day may be waived, at the discretion of the committee, if the bank has in excess of 500 days as of July 1 of any year.
The committee shall have the discretion to assess one (1) additional day per fiscal year, for each member, if the number of available days becomes too low in the judgment of the committee. New members shall be required to contribute two (2) days to enroll if such additional assessment is made. Members without available days to assess shall be required to contribute said additional days at the beginning of the next contract year.
Days contributed, assessed, or owed shall not be refunded for any reason, except if a member withdraws between the beginning of his/her contract year and October 15 of that year, days assessed for that year only shall be refunded.
SICK LEAVE POLICY [Back to Top]
Purpose
To provide leave as a result of personal or family illness for persons employed by the district.
Definitions
Teacher – any full time employee required by law to secure a license from the State Board of Education as a condition of employment.
Employee – any person employed by the district who works not less than twenty (20) hours per week, other than a teacher.
Sick leave – absence from duties with full pay for the reason of personal illness or injury, or illness or injury in one’s immediate family including death, except due to personal injury resulting from either an assault or other violent criminal act as provided by law.
Immediate family – spouse, children (including stepchildren), grandchildren (including step grandchildren), parents (including stepparents), brothers, sisters, and any other relative living in the same household.
Accumulated sick leave – the total number of days of unused sick leave of the individual, with a maximum of ninety (90) days. | |