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NEPN (master) to Flagstaff Unified School District No. 1 collection comparison Click on the changed parts for a detailed description. Use the left and right arrow keys to walk through the modifications. |
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NEPN (master) to Flagstaff Unified School District No. 1 collection comparison Click on the changed parts for a detailed description. Use the left and right arrow keys to walk through the modifications. |
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POLICY MANUAL AND
ADMINISTRATIVE REGULATIONS
FLAGSTAFF, COCONINO COUNTY, ARIZONA
INTRODUCTION
This manual contains the policies of the Governing Board and administrative regulations of the Superintendent. Policy and administrative regulation development in a modern, forward-looking school system is a dynamic, ongoing process. New problems, issues, and needs give rise to the continuing necessity to develop new policies and regulations or to revise existing ones. The loose leaf format has been selected for this manual to facilitate its being kept up to date.
Each person to whom a copy of this manual is assigned is charged with keeping it up to date as new policies and regulations are distributed by the central office.
How to Use This Manual
The Flagstaff Unified School District No. 1 is operated in accordance with policies established by the Board and regulations developed by the Superintendent. The Board, which represents the state and local community, adopts policies after careful deliberation, and the school administration implements the policies through specific regulations and procedures. The Board and administration evaluate the effects of the policies and procedures and revise them as necessary.
To promote harmony, efficiency, uniformity of interpretation, coordination of effort, and fairness to all concerned, this manual will be accessible at the District office and at such other places as designated by the Superintendent.
How the manual is organized. The manual is organized according to the classification system of the National School Boards Association. The system provides an efficient means of coding, filing, and locating policies.
Please note: All copies of this manual are the property of the Flagstaff Unified School District No. 1.
There are 12 major classifications, each identified by an alphabetical code:
A FOUNDATIONS AND BASIC COMMITMENTS
B SCHOOL BOARD GOVERNANCE AND OPERATIONS
C GENERAL SCHOOL ADMINISTRATION
D FISCAL MANAGEMENT
E SUPPORT SERVICES
F FACILITIES DEVELOPMENT
G PERSONNEL
H MEET AND CONFER
I INSTRUCTIONAL PROGRAM
J STUDENTS
K SCHOOL - COMMUNITY RELATIONS
L EDUCATION AGENCY RELATIONS
Subclassification under each heading is based on logical sequence and alphabetical subcoding. For an example of the subcoding system, examine the page immediately following the tab for Section A: FOUNDATIONS AND BASIC COMMITMENTS.
The pages that follow the tabs for each major section present the classification system, section by section, and serve as the tables of contents for the sections or "chapters" of this manual.
How to find a policy. There are two ways to find a policy in the manual:
● Consider where the policy would be filed among the 12 major classifications. Turn to the table of contents for that section and glance down the listing until you find the term that most closely fits the topic you are seeking. Use the code letters given for the term to locate the sheet that appears in alphabetical order by code within the particular section. (All pages of the manual are coded in the upper right-hand corner.) Or -
● Turn to the Code Finder Index at the end of the manual. The code finder is an alphabetical index of terms commonly used in education. Look up your topic as in any index, note its related code, and use the code to locate the sheet in the manual.
What if you can't find the term you are seeking? The code finder lists more than 1,800 terms, but no index of useful size could include every possibility. If the term you are seeking is not included, look up a synonym or another term, either more general or more specific, that you believe is related to the topic.
What if you can find the term and code, but there is no policy? This probably means that the school system has not adopted a written policy in the particular area. All terms used in the classification system appear in the sectional tables of contents and code finder to accommodate the coding, insertion, and location of policies that may be adopted later. But there is another possibility. A brief statement related to the policy you are seeking may be incorporated in a "superior" policy that covers the more general area. This "superior" policy will be coded under the broader category. To find it, read up the classification system. For example, a policy statement that encompasses all meetings of the Board might be filed under "School Board Meetings" (BE) rather than the more restrictive heading "Regular Board Meetings" (BEA).
Using the signs and symbols. Various signs and symbols are used in connection with the classification system. They are for your use in locating and/or examining statements. Included are the following:
-R This symbol following a code indicates that the statement is a regulation, not a policy. If there is more than one regulation, the "-R" will be followed by a letter; e.g., "-RA," "-RB," et cetera.
-E Exhibit. This symbol following a code indicates that the statement is a reference document. If there is more than one reference document, the "-E" will be followed by a letter; e.g., "-EA," "-EB," et cetera.
LEGAL REF.: Pertinent legal references are given to inform the reader where in state law certain statutes that relate to a policy may be found. Unless otherwise noted, all references direct the reader to the Arizona Revised Statutes. It is important to mention here that other laws and/or court decisions may also be applicable to a particular policy. The following abbreviations are used in legal references:
A.A.C. Arizona Administrative Code
A.G.O. Attorney General Opinion
A.R.S. Arizona Revised Statutes
C.F.R. Code of Federal Regulation
P.L. Public Law (federal law as it is identified by
Congress). Such laws will at some time after
passage be codified in the United States Code
U.S.F.R. Uniform System of Financial Records
U.S.C. United States Code
CROSS REF.: Certain policies are related to other policies. Cross references are provided following many statements to help the reader find the related information.
About Board Policies
Generally, the role of a Board is to set policy, and the role of the administration is to execute it. The basic distinction as set forth by the National School Boards Association is:
● Policies are principles adopted by the Board to chart a course of action. They tell what is wanted and may include also why and how much. They are broad enough to indicate a line of action to be taken by the administration in meeting a number of day-to-day problems; they need to be narrow enough to give the administration clear guidance.
● Regulations are the detailed directions developed by the administration to put policy into practice. They tell how, by whom, where, and when things are to be done.
● Exhibits are checklists, sample documents, forms, and other informational items to assist in implementing policies or procedures.
● The state and federal governments at times require governing boards to make detailed rules, or the Governing Board may decide that such rules are necessary. In spite of the detailed nature of such rules, once adopted by the Board they become policy.
Therefore:
● Where the Board has voluntarily adopted statements of principle or written regulations required by law or has established a position in particularly sensitive areas, and one or more of them are incorporated into policy, the entire statement is presented as policy.
● Where the Board has adopted rules concerning its own operations (for instance, how it conducts meetings), these statements concerning operations of the Board also appear as policy.
As long as the administration operates within the guidelines of policy adopted by the Board, it may issue regulations without prior Board approval unless Board action is required by law or unless the Board has specifically directed that certain types of regulations be given Board approval. The Board, of course, is to be kept informed of all District regulations issued by the administration, and all are subject to Board review.
In keeping with the definitions and rules of thumb, the current policies of the Board are presented in this manual.
Is the Manual Complete?
No. The manual contains all of the current written policies of the Board. However, there is an almost continual need to draft and adopt new written policies and revise the existing ones. Additionally, changes in state law and State Board of Education regulations may necessitate policy modifications. No matter how well a policy manual is conceived and developed, it can never be totally comprehensive and absolutely up to date. Therefore, as new policies are developed, they will be coded according to the classification system and issued for insertion into the manual.
Order of precedence. Board policies must be read and interpreted in conformance with the applicable state and federal statutes and regulations. Wherever inconsistencies of interpretation arise, the law and regulations prevail.
Terminology
Whenever the term Superintendent appears in this manual it is to be interpreted as "Superintendent or a person designated by the Superintendent."
Whenever the term principal appears in this manual it is to be interpreted as "principal or a person designated by the principal."
Whenever the term District appears in this manual it is to be interpreted as the "Flagstaff Unified School District No. 1."
Whenever the terms Board or Governing Board appear in this manual they are to be interpreted as the "Governing Board of the Flagstaff Unified School District No. 1."
It is the expectation of the Board that this collection of policies provides a platform for harmony and efficiency in all areas of school operations. This enables the Board to focus on its primary duty: the development of long-range plans and policies for the future of the School District.
Governing Board
Date of Manual Adoption: January 11, 2004
POLICY MANUAL AND
ADMINISTRATIVE REGULATIONS
__________, __________ COUNTY, ARIZONA
INTRODUCTION
This Manual contains the policies of the Governing Board and administrative regulations and exhibits of the Superintendent. An electronic format has been selected for this Manual to facilitate access to current documents and to upload new and edited documents for Policy Services review.
How to Use This Manual
The ________________________________ School District No. ____ is operated in accordance with policies established by the Board and regulations developed by the Superintendent. The Board, which represents the state and local community, adopts policies after careful deliberation, and the school administration implements the policies through specific regulations and exhibits. The Board and administration evaluate the effects of the policies, regulations and exhibits and revise them as necessary.
The Manual will be accessible at the District office and at such other places as designated by the Superintendent, and through the Arizona School Boards Association website at http://azsba.org/.
How the Manual is organized. The Manual is organized according to the classification system of the National School Boards Association. The system provides an efficient means of coding, filing, and locating policies.
Please note: All copies of this Manual are the property of the _____________________ School District No. ____.
There are twelve (12) major classifications, each identified by an alphabetical code:
A FOUNDATIONS AND BASIC COMMITMENTS
B SCHOOL BOARD GOVERNANCE AND OPERATIONS
C GENERAL SCHOOL ADMINISTRATION
D FISCAL MANAGEMENT
E SUPPORT SERVICES
F FACILITIES DEVELOPMENT
G PERSONNEL
H MEET AND CONFER
I INSTRUCTIONAL PROGRAM
J STUDENTS
K SCHOOL - COMMUNITY RELATIONS
L EDUCATION AGENCY RELATIONS
How to find a policy. To find a specific policy in the Manual, determine where the policy would be found in the twelve (12) major classifications. Open the electronic Manual on the Association Home Page. Select the icon to the left of the District name to open the table of contents. Select the policy section you want to access. All documents in the Manual are coded in the center of the top page.
If you can't find the policy use the Advanced Search tab at the top of the page in PolicyBridge to search for policies that contain language related to your inquiry.
Using the symbols. Various symbols are used in connection with the classification system. They are for your use in locating and/or recognizing the authority of the statements. Included are the following:
REGULATION
-R This symbol following a code indicates that the statement is a regulation, not a policy, and is generally the direction of the Superintendent to the staff for the implementation of a Policy. If there is more than one (1) regulation, the "-R" will be followed by a letter; e.g., "-RA," "-RB," et cetera.
EXHIBIT
-E Exhibit. This symbol following a code indicates that the statement is a reference document. The exhibit is there to show the form to be used or for the purpose of information which may support the policy or regulation. If there is more than one (1) reference document, the "-E" will be followed by a letter; e.g., "-EA," "-EB," et cetera.
Using References. Implementation of policies requires coordination with other policies and regulations. A policy does not usually stand alone. For example the policy on Suspension is an integral part of the implementation of the policy on Weapons. The Weapons policy specifies what weapons are and how extensive the discipline may be but does not contain the step by step due process procedure necessary to accomplish the suspension of the student. That is found in the policy on Student Suspension. To assist districts with this complexity of policy, there may be a side heading at the bottom of each policy (not regulation) identifying cross referenced material and/or legal references. When implementing policies, these cross references and laws should be reviewed for applicability.
LEGAL REF.: Pertinent legal references are given to inform the reader where in law certain statutes that relate to a policy may be found. References direct the reader to the federal or state laws, pertinent government agency regulations, and selected legal opinions. The following abbreviations are used in legal references:
A.A.C. Arizona Administrative Code
A.G.O. Attorney General Opinion
A.R.S. Arizona Revised Statutes
C.F.R. Code of Federal Regulation
P.L. Public Law (federal law as it is identified by
Congress). Such laws will at some time after
passage be codified in the United States Code
USFR Uniform System of Financial Records
U.S.C. United States Code
CROSS REF.: Certain policies are related to other policies. Cross references are provided following many statements to help the reader find the related information. This related information should be referenced for an understanding of the policy.
About Board Policies
One of the Board’s primary roles is to adopt policy, and the role of the administration is to execute it. The basic distinction as set forth by the National School Boards Association is:
A. Policies are principles adopted by the Board to chart a course of action. They tell what is wanted and may include also why and how much. They are broad enough to indicate a line of action to be taken by the administration in meeting a number of day-to-day problems; they need to be narrow enough to give the administration clear guidance.
B. Regulations are the detailed directions developed by the administration to put policy into practice. They tell how, by whom, where, and when things are to be done.
C. Exhibits are checklists, sample documents, forms, and other informational items to assist in implementing policies or procedures.
D. The state and federal governments at times require governing boards to make detailed rules, or the Governing Board may decide that such rules are necessary. In spite of the detailed nature of such rules, once adopted by the Board they become policy.
Therefore:
A. Where the Board has voluntarily adopted statements of principle or written regulations required by law or has established a position in particularly sensitive areas, and one or more of them are incorporated into policy, the entire statement is presented as policy.
B. Where the Board has adopted rules concerning its own operations (for instance, how it conducts meetings), these statements concerning operations of the Board also appear as policy.
As long as the administration operates within the guidelines of policy adopted by the Board, it may issue regulations without prior Board approval unless Board action is required by law or unless the Board has specifically directed that certain types of regulations be given Board approval. The Board, of course, is to be kept informed of all District regulations issued by the administration, and all are subject to Board review.
Is the Manual Complete?
No. The Manual contains all of the current written policies of the Board. However, there is an almost continual need to draft and adopt new written policies and revise the existing ones. Additionally, changes in state law and State Board of Education regulations may necessitate policy modifications. No matter how well a policy manual is conceived and developed, it can never be totally comprehensive and absolutely up to date. Therefore, as new policies are developed and adopted, they will be coded according to the classification system and inserted into the Manual.
Order of precedence. Board policies must be read and interpreted in conformance with the applicable state and federal statutes and regulations. Wherever inconsistencies of interpretation arise, the law and regulations prevail.
Terminology
Whenever the term Superintendent appears in this Manual it is to be interpreted as "Superintendent or a person designated by the Superintendent."
Whenever the term principal appears in this Manual it is to be interpreted as "principal or a person designated by the principal."
Whenever the term District appears in this Manual it is to be interpreted as the "___________."
Whenever the terms Board or Governing Board appear in this Manual they are to be interpreted as the "Governing Board of the __________."
Whenever the term day appears in this Manual it is to be interpreted as any day in which the District or School Administrative Offices conduct business.
Whenever the term school day appears in this Manual it is to be interpreted as any day in which the students are present for instruction.
Whenever the term parent appears in this Manual it is to be interpreted as parent or legal guardian and the legal guardian is a person to whom custody of the child has been given by order of a court.
It is the expectation of the Board that this collection of policies provides a platform for harmony and efficiency in all areas of school operations. This enables the Board to focus on its primary duty: the development of long-range plans and policies for the future of the School District.
Governing Board
Date of Manual Adoption:
(
Statement of Mission, Vision,Mission Statement
Creating opportunities for you to discover your path to excellence.
Vision Statement
The premiere educational choice for the greater Flagstaff community.
Values:
We Value:
● Innovation, by leading the way into the uncertain realm of opportunity.
● High standards with high expectations, supported by shared accountability.
● The diversity of our people, our programs and the accessibility to them.
● Our community and being intentional stewards of the relationships within.
● Inclusivity of all, by ensuring a safe and nurturing environment.
Goals:
● Maintain and Improve Comprehensive Student Opportunities and Services
● Recruit and Retain Highly Qualified, Motivated, and Excelling Staff
● Improve Student Preparedness and Mastery
● Research and Create Desirable and Relevant Educational Opportunities and Services
● Increase Public Engagement and Support for Flagstaff Unified School District (FUSD)
● Develop Diversified Partnerships and Revenue Opportunities
Adopted: December 13, 2016
Provided as a placeholder.
Actual statements should reflect District's mission and beliefs)
"SCHOOLS ARE FOR CHILDREN"
"SCHOOLS BELONG TO THE COMMUNITY"
"SCHOOLS ARE PEOPLE DEVELOPERS"
"SELF-EFFORT EDUCATES"
The mission of the District is to provide comprehensive, success-oriented learning activities for young people in our schools.
These opportunities must be designed to develop the person's potential in the areas of academic ability and vocational awareness, cultural appreciation, physical well-being, social development, and community contribution.
The beliefs of the District are outlined below.
Students
We believe:
A. Every student will be educated academically and socially so as to be a productive citizen.
B. All students will have equal educational opportunities to achieve their individual potential.
C. We have something to offer every student.
D. Each student is unique.
E. Successful education depends on parental commitment to education.
Teachers
We believe:
A. Teachers are the foundation of a strong educational system.
B. Teachers will maintain high expectations for themselves and their students.
C. Teachers should serve as positive role models for students.
D. Teachers will actively seek parent support and involvement.
Principals
We believe:
A. A principal is the instructional leader of the school.
B. A principal is the facilitator for a positive learning environment.
C. A principal actively seeks parent support and involvement.
D. A principal serves as a liaison between school and community.
E. A principal maintains high expectations for students and staff members.
Governing Board
We believe:
A. Students are the number-one priority.
B. The Board conveys the educational needs and desires of the community to the District and establishes policies accordingly.
C. The Board maintains high expectations for the District and themselves in working toward excellence.
Superintendent
We believe:
A. The Superintendent is the leader, implementer, and facilitator of a successful School District.
B. The Superintendent promotes and upholds the positive educational climate of the School District.
Management Principles
We believe:
A. In human beings as the single most important element in all transactions.
B. In behaving with uncompromising honesty and integrity.
C. In challenging people to experience their full potential so each individual contributes to educational excellence.
D. In reaching quality decisions through the involvement of people.
E. In establishing priorities that respond to the needs of our students, staff members, and community, and serve as the driving force behind all of our actions.
F. In focusing on excellence in everything we do.
Adopted: date of Manual adoption
The legally designated name of the District is School District No. 1 of Coconino _____ of ______________ County. The official name shall be Flagstaff Unified ______________ School District No. 1___.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-101
15-441
15-442
Arizona Constitution, Art. XI, Sections 1 - 4
Arizona Constitution, Art. XX, Paragraph 7
EXHIBIT
SCHOOL DISTRICT LEGAL STATUS
(Legal Description)
FLAGSTAFF UNIFIED __________ SCHOOL DISTRICT NO. 1
FLAGSTAFF, COCONINO COUNTY, ARIZONA
Beginning at a point which is at the Northwest corner of Section seven (7), Township twenty-seven (27) North, Range five (5) East; thence North to the Northeast corner of Township twenty-nine (29) North, Range four (4) East; thence East to the southeast corner of Section thirty-two (32), Township thirty (30) North, Range six (6) East; thence North to an intersection with the boundary line of the Navajo Indian Reservation; thence in a south and easterly direction along said boundary line to an intersection with the Little Colorado River; thence in a southeasterly direction along the Little Colorado River to an intersection with the 6th Standard Parallel North; thence East along the 6th Standard Parallel North extended to the West line of Township twenty-five (25) North, Range thirteen (13) East extended; thence North along said West line extended to the Southwest corner of Township twenty-five (25) North, Range thirteen (13) East, thence East along the 6th Standard Parallel North to its intersection with the East boundary line of Coconino County; thence South along said boundary line to the township line between Townships fifteen (15) and sixteen (16) North; thence West along the township line to the range line between Ranges eleven (11) and (12) East; thence south along said range line to an intersection with the 3rd Standard Parallel North; thence West along said parallel line to the range line between Ranges nine (9) and ten (10) East; thence South along said range line to an intersection with the South boundary line of Coconino County; thence in a West and Northerly direction along said boundary line to an intersection with the range line between Ranges four (4) and five (5) East; thence North along said range line to the Southwest corner of Section nineteen (19), Township twenty-two (22) North, Range five (5) East; thence East to the South quarter corner of Section twenty (20), Township twenty-two (22) North, Range five (5) East; thence North to the North quarter corner of Section twenty (20), Township twenty-two (22) North, Range five (5) East; thence West to the Northeast corner of Section nineteen (19), Township twenty-two (22) North, Range five (5) East; thence North to the northeast corner of Section six (6), Township twenty-two (22) North, Range five (5) East; thence East to the Southeast corner of Township twenty-three (23) North, Range five (5) East; thence North to the northeast corner of Township twenty-three (23) North, Range five (5) East; thence West to the Northeast corner of Section six (6), Township twenty-three (23) North, Range five (5) East; thence North to the northeast corner of Section nineteen (19), Township twenty-four (24) North, range five (5) East; thence West to the range line between Ranges four (4) and five (5) East; thence north along said range line to the Northwest corner of Section seven (7), Township twenty-seven (27) North, range five (5) East, which is the point of beginning.
_____
__________, __________ COUNTY, ARIZONA
The Board recognizes that the public has substantial resources of training and experience that could be useful to schools. The strength of the local District is in large measure determined by the manner and degree to which these resources are utilized in an advisory capacity and to the degree that these resources are involved in supporting the improvement of the local educational program.
The advice of the public will be given careful consideration. In the evaluation of such contributions, the first concern will be for the educational program as it affects the students. The final decision may depart from this advice when in the judgment of the staff and the Board such advice is not consistent with goals adopted by the Board, consistent with current educational practice, or within the reach of the financial resources available.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-321
15-327
CROSS REF.:
IJ - Instructional Resources and Materials
KB - Parental Involvement in Education
Based on the philosophy of the District, it is the intent of the Board that parental involvement in the District, at both the District and site levels, be defined in the broadest possible terms.
Further, it is the intent of the Board, under such a definition, that the Superintendent will, within the capabilities of the District staff and the financial limitations of the District, at both the District and site school levels, incorporate , to the maximum extent possible, a variety of activities, strategies, and mechanisms into the District and site school structures that provide for the:
active involvement of,
active support to,
effective interaction with, and
development of
parents as active partners in a student support team effort that will enhance the capacity of all students to reach their optimum potential.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-341
15-342
CROSS REF.:
IHBD - Compensatory Education
KB - Parental Involvement in Education
The Board is committed to a policy of nondiscrimination in relation to race, color, religion, sex, age, national origin, sexual orientation and disability. This policy will prevail in all matters concerning staff members, students, the public, educational programs and services, and individuals with whom the Board does business.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
23-341
41-1463
Arizona Constitution, Ordinance Art. XX, Par. Seventh
20 U.S.C. 1400 et seq., Individuals with Disabilities Education Act
20 U.S.C. 1681, Education Amendments of 1972, Title IX
20 U.S.C. 1703, Equal Employment Opportunity Act of 1972
29 U.S.C. 794, Rehabilitation Act of 1973, (Section 504)
42 U.S.C. 2000, Civil Rights Act of 1964, Titles VI and VII
42 U.S.C. 12101 et seq., Americans with Disabilities Act
CROSS REF.:
ACA - Sexual Harassment
GBA - Equal Employment Opportunity
GCQF - Discipline, Suspension, and Dismissal of Professional Staff Members
GDQD - Discipline, Suspension, and Dismissal of Support Staff Members
IHBA - Special Instructional Programs and Accommodations for
Disabled
Students
JB - Equal Educational Opportunities
JII - Student Concerns, Complaints and Grievances
JK - Student Discipline
JKD - Student Suspension
KED - Public Concerns/Complaints about Facilities or Services
REGULATION
NONDISCRIMINATION / EQUAL EQUAL OPPORTUNITY
Compliance Officer
The Superintendent shall be the compliance officer. Any person who feels unlawfully discriminated against or to have been the victim of unlawful discrimination by an agent or employee of the District or who knows of such discrimination against another person should file a complaint with the Superintendent. If the Superintendent is the one alleged to have unlawfully discriminated, the complaint shall be filed with the President of the Board.
Complaint Procedure
The District is committed to investigating each complaint and to taking appropriate action on all confirmed violations of policy. The Superintendent shall investigate and document complaints filed pursuant to this regulation as soon as reasonable, within the established timelines. In investigating the complaint, the Superintendent will maintain confidentiality to the extent reasonably possible. The Superintendent shall also investigate incidents of policy violation that are raised by the Governing Board, even though no complaint has been made.
If after the initial investigation the Superintendent has reason to believe that a violation of policy has occurred, the Superintendent shall determine whether or not to hold an administrative hearing and/or to recommend bringing the matter before the Board.
If the person alleged to have violated policy is a teacher or an administrator, the due process provisions of the District's Policy GCQF shall apply, except that the supervising administrator may be assigned to conduct the hearing. In cases of serious misconduct, dismissal or suspension proceedings in accordance with A.R.S. 15-539 et seq., may be initiated.
If the person alleged to have violated policy is a support staff employee, the Superintendent may follow due process and impose discipline under Policy GDQD if the evidence so warrants. The Superintendent also may recommend a suspension without pay, recommend dismissal, or impose other appropriate discipline.
If the person alleged to have violated policy is a student, the Superintendent may impose discipline in accordance with policies Policies JK, JKD and JKDJKE.
If the Superintendent's investigation reveals no reasonable cause to believe policy has been violated, the Superintendent shall so inform the complaining party in writing.
Timelines
The complaint must be filed within thirty (30) calendar days after the complaining party knew or should have known that there were grounds for a complaint/grievance.
Once the written complaint has been filed using the forms provided by the District, the Superintendent shall require the immediate supervisor or site administrator to investigate and respond in writing to the complaining party within five (5) working days.
If the immediate supervisor or site administrator does not respond, the Superintendent will have ten (10) additional working days to respond in writing to the complaining party.
If the Superintendent does not respond within the established time, then the complaining party may request in writing that the issue be brought before the Board. The Board will then review the record of the investigation and have thirty (30) days to respond to the complaining party in writing.
EXHIBIT
NONDISCRIMINATION / EQUAL OPPORTUNITY
COMPLAINT FORM
(To be filed with the compliance officer as provided in AC-R)
Please print:
Name _________________________________ Date ________________
Address ______________________________________________________
Telephone ________ Another phone where you can be reached _________
During the hours of _____________________________________________
E-mail address ________________________________________________
I wish to complain against:
Name of person, school (department), program, or activity ______________
_____________________________________________________________
_____________________________________________________________
Address ______________________________________________________
Specify your complaint by stating the problem as you see it. Describe the incident, the participants, the background to the incident, and any attempts you have made to solve the problem. Be sure to note relevant dates, times, and places.
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
If there is anyone who could provide more information regarding this, please list name(s), address(es), and telephone number(s).
Name Address Telephone Number
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
The projected solution
Indicate what you think can and should be done to solve the problem. Be as specific as possible.
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
I certify that this information is correct to the best of my knowledge.
____________________________________
Signature of Complainant
The compliance officer, as designated in AC-R, shall give one (1) copy to the complainant and shall retain one (1) copy for the file.
Purpose
The Governing Board prohibits sexual harassment of or by any of its employees, students, or visitors. It is the District's policy that all All individuals associated with the this District, including, but not necessarily limited to, the Governing Board, employeesthe administration, students, and visitors have a right to work, learn, and visit all District sites in an environment free of discrimination based on race, color, religion, sex, age, national origin, disability, sexual orientation, and sexual harassment. All employees, students, and visitors at all sites must avoid offensive or inappropriate sexual and/or sexually harassing behavior. Governing Board members, employees, students, and visitors have a right and responsibility to report harassment experiences. It will be ensured that there will be prompt and equitable resolution of sexual harassment complaints by providing access to any needed information and materials concerning harassment, how to file a complaint, and a step-by-step process which will guide those involved, whether it be the accused or the victim.
Definition of Sexual Harassment
Prohibited sexual harassment includes, but is not limited to, any the staff, and students, are expected to conduct themselves at all times so as to provide an atmosphere free from sexual harassment.
Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other visual, verbal , or physical conduct by an employee, by a student, or by a third party, of a sexual nature when:
● It creates an intimidating, hostile or offensive working and/or educational environment.
● The conduct has the purpose or effect of having a negative impact on a student's academic performance and/or academic environment.
● The conduct has the purpose or effect of having a negative impact on an employee's work performance and or work environment.
There are two (2) types of sexual harassment recognized by the courts. First, quid pro quo harassment occurs when one person conditions an employment or educational benefit on another person in exchange for sexual demands. Only one (1) incident of quid pro quo harassment is sufficient to constitute sexual harassment. Second, hostile environment harassment occurs when one person's verbal, physical, or presentation of visual images/gestures of a sexual nature interferes with an employee's work or a student's education.
● A person does not have to be the target of harassment to be considered a victim, a victim may be anyone affected by the offensive conduct.
● Unlawful sexual harassment may occur without economic injury or discharge of the victim.
The intentions of the alleged harasser shall not be a determining factor in applying the definition of conduct considered sexual harassment but may be considered when conducting an investigation.
It is important to recognize that sexual harassment does not extend to legitimate nonsexual touching or other nonsexual conduct.
Recognizing Sexual Harassment
Sexual harassment can occur in a variety of circumstances. One person may not be bothered by certain conduct, while another may find it objectionable, thus making it harassment. Generally, sexual harassment occurs when:
● The behavior is unwelcome and sexual in nature.
● The behavior is ongoing, creating a hostile environment, except quid pro quo harassment, which needs only one (1) incident.
● The behavior leaves the victim feeling uncomfortable.
● Submission to or rejection of behavior affects employment or academic status or benefit.
Sexual harassment may occur:
● Student to student.
● Adult to student.
● Student to adult.
● Adult to adult.
● Male to male.
● Female to female.
● Male to female.
● Female to male.
Conduct considered sexual harassment may of a sexual nature when made by a member of the school staff to a student or to another staff member, or when made by a student to another student where:
A. Submission to such conduct is either explicitly or implicitly made a term or condition of an individual's employment or education; or
B. Submission to or rejection of such conduct is used as a basis for employment or education decisions affecting such individual; or
C. Such conduct has the purpose or effect of substantially interfering with an individual's educational or work performance, or creating an intimidating, hostile, or offensive employment or education environment.
Sexual harassment may include, but is not limited to:
● Visual behaviors which include, but are not limited to, exhibitionism, showing sexually suggestive or explicit pictures, objects or cartoons, making suggestive or obscene gestures, soliciting photographs, suggestive or obscene letters (either hard copy or electronic media); or
● Verbal behaviors which include, but are not limited to, making sexual comments, sexually explicit jokes, jeering or taunting, asking questions about sexual activities, compliments of a sexual nature; or
● Physical behaviors which include, but are not limited to fondling, touching, stroking, kissing, touching on the outside of clothes, face, neck, hair, hands, or any other part of the body that a child or adult may perceive as uncomfortable, such as touching on the breasts, buttocks, or on or near the genitals, sexually hugging and kissing, having oral sexual contact, having sexual intercourse, vaginal or anal insertion, and oral/genital contact; or
● Submission to such conduct made either explicitly or implicitly a term or condition of someone's employment or education; or
● Submission to or rejection of such conduct by someone used as a basis for employment or education decisions affecting that person; or
● Repeated unwanted sexual advances by one person on another when the offender has been told that the advance is unwelcome; or
● Conduct that is sexual in nature and has the purpose or effect of unreasonably interfering with an individual's work or educational performance or creating an intimidating, hostile, and/or offensive working or learning environment; or
● Implying A. Suggestive or obscene letters, notes, invitations, derogatory comments, slurs, jokes, epithets, assault, touching, impeding or blocking movement, leering, gestures, or display of sexually suggestive objects, pictures, or cartoons.
B. Continuing to express sexual interest after being informed that the interest is unwelcome. (Reciprocal attraction between peers is not considered sexual harassment.)
C. Implying or withholding support for an appointment, promotion, or change of assignment, duties, or shift, ; suggesting that a poor a poor performance report will be prepared; suggesting that probation will be failed; implying or ● Implying or actually withholding grades earned or deserved, ; or suggesting that a scholarship recommendation or college application will application will be denied; or● Coercive .
D. Coercive sexual behavior used to control, influence, or affect the career, salary, and/or work environment of another employee; or ● Engaging engaging in coercive sexual behavior to control, influence, or affect the educational the educational opportunities; , grades, and/or learning environment of a student; or● Offering .
E. Offering or granting favors or educational or employment benefits, such as grades in exchange for sexual favors; or ● Offering or granting favors or employment benefits such as promotions, favorable favorable performance evaluations, favorable assignments, favorable duties or shifts, recommendations, reclassificationreclassifications, et cetera, in exchange for sexual favors.
Actions to be Taken
Anyone who is subject to sexual harassment should immediately inform and/or file a complaint with the appropriate personnel. Anyone who is aware of harassment involving students or minors must immediately inform and/or file a complaint with appropriate personnel. All complaints will be forwarded to the Title IX Compliance Officer.
Due process rights will be afforded to all complainants and alleged harassers.
Such use of the complaint procedure shall not preclude the complainant from pursuing redress through other means. Illegal behavior must be reported to the proper authorities.
A substantiated charge of sexual harassment , or who knows of the occurrence of such conduct, should inform the compliance officer, as provided in ACA-R.
A substantiated charge against a staff member in the District shall subject such staff member to disciplinary action. [For certificated employees, see Policy GCQF; for support staff employees, see Policy GDQD.]
A substantiated charge of sexual harassment against a student in the District shall subject that student to disciplinary action. [See Policies JK - Student Discipline, JKD - Student Suspension, and JKE - Expulsion of Students.]An employee or student shall have the right to raise the issue of harassment and/or file a complaint without reprisal or retaliation. Any act of reprisal or retaliation shall be subject to disciplinary action. All matters involving , which may include suspension or expulsion.
All matters involving sexual harassment complaints will remain confidential to the extent reasonably possible.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
41-1461 et seq.
20 U.S.C. 1681, Education Amendments of 1972, Title IX
20 U.S.C. 1703, Equal Employment Opportunity Act of 1972
42 U.S.C. 2000, Civil Rights Act of 1964 as amended, Title VII
CROSS REF.:
AC - Nondiscrimination/Equal Opportunity
GBA - Equal Employment Opportunity
GCQF - Discipline, Suspension, and Dismissal of Professional Staff Members
GDQD - Discipline, Suspension, and Dismissal of Support Staff Members
IHBA - Special Instructional Programs and Accommodations for
Disabled Students
JB - Equal Educational Opportunities
JII - Student Concerns, Complaints and Grievances
JK - Student Discipline
JKD - Student Suspension
KED - Public Concerns/Complaints about Facilities or Services
KFA - Public Conduct on School Property
REGULATION
SEXUAL HARASSMENT
(Reporting Sexual Harassment)
To Whom to Report
Reports of sexual harassment should be made to:
Title IX Coordinator/ComplianceCompliance Officer
The Coordinator of Student Support Services will Superintendent shall be the Title IX Coordinator and the compliance officer for the District. The Coordiantor of Student Support Services is:
Cathy Cox
Flagstaff Unified School District
3285 East Sparrow
Flagstaff, Arizona 86004
(928) 527-6000
Anyone who is subject to harassment, Any person who feels unlawfully discriminated against or who has been the victim of unlawful discrimination by an agent or employee of the District or who knows of the occurrence of such conduct, should immediately report such incidents, either in writing or orally, to appropriate school personnel, such as, but not necessarily limited to:
● A teacher or school official; or
● A school nurse, counselor, psychologist, or social worker; or
● The site administrator (principal, director, et cetera); or
● The Title IX Compliance Officer; or
● The Superintendent of Schools; or
● A Governing Board member; or
● The Office for Civil Rights (1-800-421-3481).
If personnel receiving the report is not a site administrator, the information must immediately be forwarded to the site administrator or the Title IX Compliance Officer.
If the Title IX Coordinator/compliance officer is the one alleged to have unlawfully discriminated or harassed the complainant, the complaint shall be filed such discrimination against another person should file a complaint with the Superintendent. If the Superintendent is the one alleged to have unlawfully discriminated, the complaint shall be filed with the President of the Governing Board.
Complaint Procedure
The complaint should not be filed, either orally or written, with the alleged harasser.
How to Report
All persons involved in a sexual harassment complaint investigation will be provided equal opportunity to present their cases and will receive a fair hearing and all due process rights. Investigation of all sexual harassment complaints must be resolved as quickly as is reasonably possible or within ninety (90) days.
Informal Complaint Resolution
When a complaint is alleged for the first time against a student, is not an incident of quid pro quo harassment, and the offending behavior has not been ongoing in nature, it may be resolved at the school site. Exceptions to this are as follows:
● If the student or parent requests a formal investigation;
● If it is the judgment of the administrator that the severity of the behavior requires a formal investigation by the Title IX Compliance Officer; or
● If the incident involves any type of sexual touching, assault, or exhibition of sexual body parts.
In these instances, a complaint is filed with the Title IX Compliance Officer using formal District complaint procedures. If the alleged complaint involves any type of criminal behavior, a report is also immediately filed with the appropriate law enforcement agency.
In a first time allegation of harassing behavior against a student, the school administrator ensures that appropriate follow-through occurs. This involves ascertaining the facts, discussion of the incident with the alleged offender and victim, contacting parents of all students involved, and providing a record of the incident and informal resolution to the Title IX Compliance Officer using the appropriate District reporting form. This record is not to be maintained at the school site.
If the offending student continues sexually harassing behavior after a school site resolution has occurred, a complaint is immediately filed with the Title IX Compliance Officer. A formal investigation is then conducted following District policies and procedures.
Formal Complaint Investigation
A formal sexual harassment investigation includes the following components:
All written complaints of sexual harassment should be documented on the District's complaint form [Complaint Form ACA-E].
● Verbal reports of sexual harassment will be put in writing by the individual complaining or by the person who receives the complaint. Both the person making the complaint and the person filling in the complaint form will sign the form [Complaint Form ACA-E].
The complaint form [Complaint Form ACA-E] shall be forwarded to the Title IX Compliance Officer within twenty-four (24) hours or as soon as is reasonably possible after receipt of the form or oral complaint. If the complaint involves students, the parents will be notified immediately by the Title IX Compliance Officer or the Compliance Officer's designee. The Title IX Compliance Officer or the investigator assigned to a complaint will notify the alleged harasser of the complaint as soon as possible.
Upon receipt of a complaint of sexual harassment, the Title IX Compliance Officer will initiate an investigation or designate an investigator, to initiate an investigation into the complaint within twenty-four (24) hours.
Each complaint of sexual harassment must be promptly investigated in a way that respects the privacy of all parties concerned to the extent permitted by law, to the extent practical and appropriate under the circumstances, and in compliance with federal, state, and local regulations.
The complaint investigator will put findings in writing and will forward a copy to the complainant and the alleged harasser as expeditiously as possible.
Result of Investigation
Results of a substantiated complaint investigation may result in disciplinary and/or legal action.
● Substantiated charges against employees will result in appropriate disciplinary action, which can include, but is not limited to, reprimand, suspension without pay, or dismissal.
● Substantiated charges against students will result in appropriate disciplinary action, which can include, but is not limited to, a conference with parents/guardians, short-term suspension, long-term suspension, or expulsion. The rules and regulations of special education will apply if the alleged harasser is an eligible student under the Individuals with Disabilities Education Act (IDEA). Further, Section 504 of the Rehabilitation Act of 1973 and/or the Americans with Disabilities Act shall be considered when disciplinary action is necessary, if any student or staff member qualifies under either act.
Results may be indeterminate. If so, the matter will be recorded as unresolved and the record will be maintained by the Title IX Compliance Officer separate and apart from any student or personnel file.
● The record of substantiated charges will be filed in the harasser's cumulative file if a student, or personnel file if an employee.
● No record of investigations resulting in vindication will be kept in either a student's cumulative file or an employee's personnel file. The Title IX Compliance Officer will keep the investigation result in a separate file.
Due Process
All individuals involved in a complaint investigation shall have the right to be represented by a person of their choosing, including but not limited to legal counsel, employee association representative, parent or guardian, et cetera.
Appeal rights of all parties must accompany the findings of the investigator. [For students, see Policy JKD; for certificated employees, see Policy GCQF; for support staff employees, see Policy GDQD.]
The above reporting/investigation procedures apply to the District's internal investigation of complaints.
Such use of the complaint procedure shall not preclude the complainant from pursuing redress through other means.
Nothing in this reporting procedure shall relieve any employee of the School District from the reporting obligation imposed under Arizona's child abuse reporting statute and School District policy and regulation.
Retaliation Prohibited
An employee, student, or third party shall have the right to raise the issue of sexual harassment and/or file a complaint without reprisal or retaliation from the District, the alleged harasser(s), or any other employee(s) or student(s) of the District. A person who commits an act of reprisal or retaliation shall be subject to disciplinary action.
Protected activities are:
● Filing a written complaint or making a verbal complaint.
● The person protested what was in good faith believed to be an unlawful discriminatory practice.
● The person participated, in any manner, in discrimination or harassment proceeding (i.e., a witness, complainant, alleged harasser, et cetera).
Retaliation can be established if:
● The person engaged in a protected activity; and
● The person was subject to an adverse action during or after engaging in such activity; and
● There was a causal link or connection between the protected activity and the adverse action.
Prevention
Each site manager, department head, and principal has the responsibility of maintaining a work environment and/or educational environment free of sexual harassment. Site managers shall take appropriate actions to reinforce the School District's sexual harassment policy. These actions will include:
● Prompt removal and documentation, when appropriate, of vulgar or sexually offensive graffiti.
● Providing staff in-service training once each school year.
● Providing student instruction at the primary, intermediate, middle, and high school levels about sexual harassment once each school year.
● Policy ACA and this reporting procedure shall be discussed each school year. Discussion shall be carried out in age-appropriate ways and should assure students that they need not endure any form of sexual harassment. Written copies of District approved policy information regarding sexual harassment shall be included in the student handbooks for each school site and in the support staff and certificated staff handbooks.
● Teachers, nurses, counselors, social workers, and administrators shall provide additional instruction for students on the procedures for reporting sexual harassment within the educational setting on an as-needed basis.
● All site managers shall instruct employees on the procedures for reporting sexual harassment within the work setting on an as-needed basis.
Notifications
A copy of this sexual harassment policy and complaint procedure must be:
● Included in the notifications that are sent to parents/guardians at the beginning of each school year.
● Available in the office of any site in the District.
● Provided as part of any orientation program conducted for new employees to the District.
Notice Posting
A "Sexual Harassment Is Illegal" poster must be posted in or near the office of all sites. This notice must contain the name, address, and phone number of the District's Title IX Coordinator/Compliance Officer.District is committed to investigating each complaint and to taking appropriate action on all confirmed violations of policy. The Superintendent shall investigate and document complaints filed pursuant to this regulation as soon as reasonable, within the established timelines. In investigating the complaint, the Superintendent will maintain confidentiality to the extent reasonably possible. The Superintendent shall also investigate incidents of policy violation that are raised by the Governing Board, even though no complaint has been made.
If after the initial investigation the Superintendent has reason to believe that a violation of policy has occurred, the Superintendent shall determine whether or not to hold an administrative hearing and/or to recommend bringing the matter before the Board.
If the person alleged to have violated policy is a teacher or an administrator, the due process provisions of the District's Policy GCQF shall apply, except that the supervising administrator may be assigned to conduct the hearing. In cases of serious misconduct, dismissal or suspension proceedings in accordance with A.R.S. 15-539 et seq., may be initiated.
If the person alleged to have violated policy is a support staff employee, the Superintendent may follow due process and impose discipline under Policy GDQD if the evidence so warrants. The Superintendent also may recommend a suspension without pay, recommend dismissal, or impose other appropriate discipline.
If the person alleged to have violated policy is a student, the Superintendent may impose discipline in accordance with Policies JK, JKD and JKE.
If the Superintendent's investigation reveals no reasonable cause to believe policy has been violated, the Superintendent shall so inform the complaining party in writing.
Timelines
The complaint must be filed within thirty (30) calendar days after the complaining party knew or should have known that there were grounds for a complaint/grievance.
Once the written complaint has been filed using the forms provided by the District, the Superintendent shall require the immediate supervisor or site administrator to investigate and respond in writing to the complaining party within five (5) working days.
If the immediate supervisor or site administrator does not respond, the Superintendent will have ten (10) additional working days to respond in writing to the complaining party.
If the Superintendent does not respond within the established time, then the complaining party may request in writing that the issue be brought before the Board. The Board will then review the record of the investigation and have thirty (30) days to respond to the complaining party in writing.
EXHIBIT
SEXUAL HARASSMENT
COMPLAINT FORM
(To be filed with the compliance officer as provided in ACA-R)
Please print:
Name _________________________________ Date ________________
Address ______________________________________________________
Telephone ________ Another phone where you can be reached _________
During the hours of _____________________________________________
E-mail address ________________________________________________
I wish to complain against:
Name of person, school (department), program, or activity ______________
_____________________________________________________________
_____________________________________________________________
Address ______________________________________________________
Specify your complaint by stating the problem as you see it. Describe the incident, the participants, the background to the incident, and any attempts you have made to solve the problem. Be sure to note relevant dates, times, and places.
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
If there is anyone who could provide more information regarding this, please list name(s), address(es), and telephone number(s).
Name Address Telephone Number
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
The projected solution
Indicate what you think can and should be done to solve the problem. Be as specific as possible.
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
I certify that this information is correct to the best of my knowledge.
____________________________________
Signature of Complainant
The compliance officer, as designated in ACA-R, shall give one (1) copy to the complainant and shall retain one (1) copy for the file.
EXHIBIT
SEXUAL HARASSMENT
UNSUBSTANTIATED CHARGE OF SEXUAL HARASSMENT
(This form is to be maintained by the Title IX Compliance Officer
and should not be maintained in school site records.)
School: ______________________________________________________________
Name of alleged harasser: _______________________________________________
◻ Student
◻ Staff member
◻ Other (please explain, e.g., vendor, visitor, etc.) __________________________
____________________________________________________________________
Name of complainant: __________________________________________________
Date of incident _______________________________________________________
Description of complaint: ________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
Reason charge was unsubstantiated:
◻ Evidence does not support complaint
◻ First incident of hostile environment does not constitute a substantiated finding of sexual
harassment.
◻ Other (please describe) ______________________________________________
Description of any informal resolution: _____________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
All required parties have been notified: ◻ Yes
___________________________________________ ______________________
Signature of Administrator Date
The District was established by the state legislature, under the authority contained in the Arizona State Constitution, for the sole purpose of providing an education to the students of the District. While the establishment of the District also provides other services, such as caring for students during the school day, providing employment to the school staff, and providing facilities for the use of the community, all of these services are necessarily subordinate to the District's prime function of providing an education to students. The Governing Board of the District is selected by the citizens of the community to ensure that this responsibility is accomplished. However, the Board recognizes that it cannot accomplish this objective unless all of the sectors of the school community also accept and perform their responsibilities. The Board considers the responsibilities of these elements of the school community to be as follows:
Staff
The Board fulfills its responsibility for the education of students by employing first a competent Superintendent, on whose recommendation it also employs a competent staff. As a condition of this employment, the Board expects each staff member's best efforts to be exerted toward the accomplishment of the educational objectives of the District. Because education is imparted primarily by teachers, the Board specifically places responsibility for maintaining and expanding educational ability on each teacher, to the end that each student may reach maximum potential and develop a sense of dignity and self-worth.
Parents
The Board recognizes that the ultimate responsibility for the well-being of all children rest rests with their parents. All parents are expected to cooperate in the District's educational effort by ensuring maximum attendance of their children, by requiring that their children cooperate in the educational endeavor of the District, and by fostering an attitude in their children that recognizes the importance of education.
Community
The resources necessary to provide education for students are provided by members of the community through their taxes and other supporting services. The Board's goal is that all members of the community, both individually and through their governmental, civic, and social organizations, will continue to support the educational activities of the District.
Students
Education is an opportunity provided to the children of the District by their community. The Board expects that all students will learn to recognize the value of this opportunity, and will therefore work diligently to help ensure that their maximum potentials are realized. The Board further expects that all students will recognize that their fellow students have the right to be educated, and will avoid any action that may interfere with their ability to exercise that right.
The Board believes that education should develop habits, attitudes, understanding, and skills necessary for a productive, satisfying life in our society. Students should be taught to understand the duties and privileges of responsible citizenship as such duties and privileges relate to themselves as individuals and to the whole community. The vast changes brought about by increasing technology, population, and urbanization must also be taught. The input and support of the citizens of the community, and especially the professional staff, are solicited as the school community endeavors to develop the attitudes and abilities demanded in this age of rapid change.
Elementary, middle, and high schools all shall be organized around the unifying principle that each student is worthy of education commensurate with such student's abilities and the concerns of society.
Elementary school: The major responsibility of the elementary school shall include providing opportunity for a strong foundation in academics and healthy social, physical, and emotional development for each student. Emphasis at this level should be placed upon an effective education in the basic skills of communication, computation, and citizenship. Organized learning experiences in the arts, social and natural sciences, and health and physical education also are integral to the elementary program. The fact that students vary greatly in their maturing rates necessitates consideration of each student's individuality in development and implementation of the elementary school program.
Middle school: The major responsibility of the middle school shall be to meet the identified needs of the early adolescent. The middle school program shall build upon the strong academic foundation provided at the elementary level. The program should be organized in a way that helps students to make a smooth transition into and then out of this phase of their education. The program should be distinctive, not dominated by either the elementary or high school levels, providing a program of general education rather than a specialized one for specific academic or vocational goals. The middle school program should form the base for a four-year high school educational plan.
High school: The major responsibility of the high school shall be the preparation of students for participation as responsible and educated young adults. In the high school, instruction should build upon the intellectual base and the social and physical foundations established at earlier levels. Both course work and an educational environment that prepare students to enter the world of work or to enable them to pursue advanced education are particularly crucial to the high school program. Individual abilities, needs, and interests should be the guidelines for assisting high school students during this final phase of their public school education.In consideration of the accomplishment of these responsibilities by each sector of the school community listed above, the Governing Board, with the concurrence of each individual Board member, pledges its best efforts to ensure that the District is governed effectively and efficiently so that the goal of an appropriate and outstanding educational experience is available for all students of the District.
Adopted: date of
manualManual adoption
LEGAL REF.:
Arizona State Constitution, Article XI, Section 1
(Other than Sexual Harassment)
Purpose
All individuals associated with the District, including but not necessarily limited to the Governing Board, the administration, the staff, and students, have the right to an environment free from all forms of harassment.
The intentions of the alleged harasser shall not be a determining factor in applying the definition of conduct considered harassment.
Definition of Harassment
Harassment (other than sexual harassment). For the purpose of this policy, harassment (other than sexual harassment) is defined as harassment that may include, but is not limited to:
● Any verbal or physical conduct, such as epithets; slurs, negative stereotyping; threatening, intimidating, or hostile acts; or display of written or graphic jokes, cartoons, or other material that ridicules or shows hostility or aversion toward any person or a group because of someone's race, color, national origin, religion, gender, sexual orientation, age, or disability, or that of such person's friends, relatives, or associates, when any such conduct:
■ Has the purpose or effect of creating an intimidating, hostile, or offensive work or learning environment; or
■ Has the purpose or effect of unreasonably interfering with an individual's work or educational performance; or
■ Otherwise adversely affects an individual's employment or learning opportunities.
Actions to Be Taken
Anyone who is subject to harassment, or who knows of the occurrence of such conduct, should immediately inform and/or file a complaint with the Superintendent. Anyone who is aware of harassment involving students or minors must immediately inform and/or file a complaint with the Superintendent.
Such use of the complaint procedure shall not preclude the complainant from pursuing redress through other means.
A substantiated charge against a staff member in the District shall subject such staff member to disciplinary action. (See Complaint Form ACA-E.)
A substantiated charge against a student in the District shall subject that student to disciplinary action, which may include suspension or expulsion. (See Complaint Form ACA-E.)
An employee shall have the right to raise the issue of harassment and/or file a complaint without reprisal or retaliation. Any act of reprisal or retaliation shall be subject to disciplinary action.
All matters involving harassment complaints will remain confidential to the extent reasonably possible.
Adopted: date of manual adoption
LEGAL REF.:
A.R.S.
41-1461 et seq.
20 U.S.C. 1681, Education Amendments of 1972, Title IX
20 U.S.C. 1703, Equal Employment Opportunity Act of 1972
42 U.S.C. 2000, Civil Rights Act of 1964 as amended, Title VII
CROSS REF.:
AC - Nondiscrimination/Equal Opportunity
GBA - Equal Employment Opportunity
IHBA - Special Instructional Programs and Accommodations for Disabled Students
JB - Equal Educational Opportunities
KED - Public Concerns/Complaints about Facilities or Services
KFA - Public Conduct on School Property
The Board recognizes that education is a vital function of the state and community. The community will be encouraged to provide input for the establishment of educational goals.
The Board shall establish educational goals for the District. Suggestions by the following will be considered:
● Representatives of the community
● Students
● District personnel
● Members of the Board
As a base for its educational program, the Board adopts the following educational goals for each student of the District:
● To acquire basic skills in obtaining information, solving problems, thinking critically, and communicating effectively.
● To become an effective and responsible contributor to the decision-making processes of the social and political institutions of the community, state, and nation.
● To acquire entry-level job skills and, also, to acquire knowledge necessary for further education.
● To acquire the capacities for a satisfying and responsible role as a family member.
● To acquire the knowledge, habits, and attitudes that promote personal and public health, both physical and mental.
● To acquire an understanding of ethical principles and values and the ability to apply them to the student's own life.
● To develop an understanding of the student's own worth, abilities, potentialities, and limitations.
● To learn and enjoy the process of learning and to acquire the skills necessary for a lifetime of learning and adaptation to change.
Adopted: date of manual adoption
The Governing Board is responsible to the people of the District and, therefore, should be aware of opinions and attitudes in the community and of identified District needs.
As representatives of the people who own and support the schools, the Board accepts the responsibility to identify community attitudes and opinions and District needs and to require short- and long-range strategies that are responsive within the budgetary limitations of the District.
Adopted: date of
manualManual adoption
The Board may meet at least annually, not later than October 30, for the purpose of appraising its functioning as a Board and to evaluate Board performance. The appraisal plan approved by the Board will be developed by the Board President working with the Superintendent.
Evaluation instruments for Board operation may be used in the process.
The Superintendent and others who regularly work with the Board may be asked to participate in all or a portion of the appraisal.
Areas of Board operations and relationships that may be appropriate to consider during the evaluation of Governing Board procedures may include, but are not limited to:
● Board A. Board meetings/decision-making process.
● Policy B. Policy development/implementation.
● BoardC. Board/District goal setting.
● Curriculum D. Curriculum and instruction management/program.
● Fiscal E. Fiscal management/resource allocation.
● School F. School plant planning/management.
● Board G. Board member orientation.● Board
H. Board member development● Board .
I. Board officer performance.
● J. Board member relationships.
● BoardK. Board-Superintendent relationship.● Board
L. Board-community relationship.
● Legislative M. Legislative and governmental relationships.
Adopted:
December 11, 2012date of Manual adoption
LEGAL REF.:
A.R.S.
15-321
CROSS REF.:
BDD - Board-Superintendent Relationship
EXHIBIT
EVALUATION OF SCHOOL BOARD /
BOARD SELF-EVALUATION
ANNUAL SELF-APPRAISAL OF
THE GOVERNING BOARD
The following list of items pertaining to the operation of the Governing Board is the basis for an annual self-evaluation. This may be carried out in conjunction with the annual evaluation of the Superintendent.
Please check the appropriate box for each item (S = satisfactory, N = needs improvement, U = unsatisfactory).
A. Board Relationship with
the
the Superintendent:
S
N
U
U
◻ ◻ ◻ (1) The Board imparts information on issues, needs, and complaints
in a manner
allowing the Superintendent the
Superintendent the
opportunity to solve
related problems in a professional manner.
S
N
U
U
◻ ◻ ◻ (2) The Board clearly interprets its position on controversial matters
pertaining to the District,
thereby enabling the Superintendent
to properly
to
properly carry out the wishes of the Board.
S
N
U
U
◻ ◻ ◻ (3) The Board disregards personalities and considers the
recommendations of the
Superintendent in an unbiased
and objective manner.
S
N
U
U
◻ ◻ ◻ (4) The Board communicates views of personnel effectiveness,
including views related to
the Superintendent, in a confidential
and professional manner.
B. Board Relationship with
the
the Community:
S
N
U
U
◻ ◻ ◻ (1) The Board recognizes that the citizens have entrusted them
S N U
o o o
with the educational development of the children and youth
of this community.
S N U
◻ ◻ ◻ (2) The Board recognizes that the community expects their first and
greatest concern to be
in the best interest of each and every
one of
one
of the young people without distinction as to
who they are or what
their
their background may be.
S
N
U
U
◻ ◻ ◻ (3)
The Board enacts policies supporting the efforts of the
administration
admini-
stration in helping the people
of this community to have the facts
about
about their schools, to the end that they will readily provide the
finest possible school program, school staff, and school facilities.
C. Board
Relationships Between
Relationships Between
Members During Meetings:
S
SN
U
U
◻ ◻ ◻ (1)
Individual members of the Board treat other members of the Board
and professional
staff with respect during Board meetings.
S
N
U
U
◻ ◻ ◻ (2)
Differences of opinion influencing Board member votes are based
on the issues at
hand and not on a personality basis.
S
N
U
U
◻ ◻ ◻ (3)
All members of the Board conduct themselves in such a manner
as to emphasize that individual Board members have authority only
as to emphasize that individual Board members have authority
only when convened in a legally
conducted Board meeting with
at least a quorum present.
D. Board
Relationships with Staff
Relationships with
Staff and Personnel:
S
SN
U
U
◻ ◻ ◻ (1)
The Board requires the Superintendent to recommend personnel
for their consideration and consistently
for their consideration and consistently adheres to this procedure.
S
N
U
U
◻ ◻ ◻ (2)
The Board members make every effort to become acquainted with
the
the personnel of the District.
S
SN
U
U
◻ ◻ ◻ (3)
The Board members' personal friendships with District personnel
are maintained without allowing them
are maintained without allowing them to affect overall Board
decisions and/or policies.
E. Board
Relationship to the
Relationship to the
Instructional Program:
S
SN
U
U
◻ ◻ ◻ (1)
The Board makes an effort to keep informed about the
instructional
instruc-
tional program by providing
for periodic reports as deemed
necessary
necessary and by periodic visitation in the schools.
S
N
U
U
◻ ◻ ◻ (2)
The Board attempts to gain information from the community
pertaining to instructional
program needs.
S
N
U
U
◻ ◻ ◻ (3)
The Board maintains policies necessary to enable the educational
staff to develop the educational
staff to develop the educational program required to meet the
needs of the community.
F. Board Relationship to the Financial
Management of the Schools:
S
SN
U
U
◻ ◻ ◻ (1) The Board establishes the policies and provides the necessary
resources to properly manage
the finances of the District.
S
N
U
U
◻ ◻ ◻ (2)
The Board requires the proper accountability for the expenditure
of funds in the District.
S
N
U
U
◻ ◻ ◻ (3)
The Board provides justified funding to maintain a high quality
educational program in this District.
S
N
U
U
◻ ◻ ◻ (4)
The Board keeps the community informed about the financial
needs of the District.
G. General Statements:
(1) List in order of priority four (4) challenges the Board faces:
(a)
(b)
(c)
(d)
(2) List any weaknesses you have observed in the operation of the school system:
(3) List any significant accomplishments made by the school system during the past year:
The Arizona Constitution places the responsibility of establishing and maintaining public schools on the Arizona legislature and directs the legislature to provide for a state board of education, which has general supervision of the public schools. It is further provided that local public schools under the general supervision of the State Board of Education shall be maintained, developed, and operated by locally elected boards. Legally, then, local school boards are instruments of the Arizona Legislature and derive their authority from the Arizona Constitution, Arizona statutes, and the regulations of the State Board of EducationArizona Administrative Code.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-421
Arizona Constitution, Art. XI, Section 1
Arizona Constitution, Art. XX, Paragraph 7
The Board shall act as the general agent of the state of Arizona in carrying out the will of the people of this District in the matter of public education.
The Board is authorized under the laws of the state of Arizona to adopt all needed policies and regulations for the organization, evaluation, and governance in the District.
The Board performs the following basic functions necessary to the discharging of its responsibilities: legislative, executive, and appraisal.
● The:
A. The legislative function is the policy-making aspect of the school system. It is the policy of the Board to
retain andretain and exercise full legislative authority and control over the schools by adopting general policies or by
acting directlyacting directly in matters not covered by its policies.
● TheB. The executive function of the Board is concerned with placing in operation existing Board policy. Most of
this functionthis function is delegated by the Board to its executive and administrative officer, the Superintendent.
● TheC. The appraisal function involves the determination of the efficiency of the school operation and an evaluation
of theof the educational program of the District based on the policies as outlined in the policy manual.
The duties and obligations of an individual Board member include the following:
● ToA. To become familiar with the state's school laws, regulations of the State Department of Education, and
District policiesDistrict policies, rules, and regulations.
● ToB. To have a general knowledge of the educational aims and objectives of the system.
● ToC. To work harmoniously with other Board members without neglecting a proper share of the work or trying
to dominateto dominate the Board.
● ToD. To vote and act in Board meetings impartially for the good of the District.
● ToE. To accept the will of the majority vote in all cases, and give wholehearted support to the resulting policy.
● ToF. To accept the responsibility for confidentiality in appropriate matters, especially those dealing with
personnel andpersonnel and the divulging of privileged information that could cost the District money, support, or public confidence.
● ToG. To represent the Board and the District to the public in a manner that promotes both interest and support.
● ToH. To refer complaints to the proper school authorities and to refrain from individual counsel and action.
●I. To perform other appropriate duties that may arise.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-321
15-341
15-342
A.G.O.
I81-054
CROSS REF.:
KI - Visitors to Schools
All powers of the Board lie in its action as a public body. A "meeting" is defined as the gathering, in person or through technological devices, of a quorum of members of a public body to discuss, propose or take legal action, including any deliberations with respect to such action that has been properly noticed, pursuant to Arizona Revised Statutes.
Individual Board members exercise authority over District affairs only by way of votes taken at a legal meeting of the Board. An individual Board member has authority only when and to the extent that the Board, by vote, has so delegated such authority.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-321
15-341
15-342
15-381
CROSS REF.:
AA - School District Legal Status
BBA - Board Powers and Responsibilities
(Governing Board Membership)
A person who is a registered voter of this state and has been a resident of the District for one (1) year immediately preceding the day of election is eligible for election to the office of Governing Board member.
No employee of the District, including a person who directly provides certificated or support services to the District as an employee of a third-party contractor, or the spouse of such employee may hold membership on the Governing Board of this District.
A Governing Board member is ineligible to serve simultaneously as a member of any other Governing Boardschool district governing board, except that a Governing Board member may be a candidate for nomination or election for any other Governing Board governing board if serving in the last year of a term of office.
Five-Member Board Same
Household Limitation
By legislative restriction applicable to five (5) member Boards, persons related as immediate family and having the same household within four (4) years:
● Shall A. Shall not serve simultaneously on the Governing Board.
● Are B. Are ineligible to be a candidate for nomination or election to the Governing Board, except when a member is serving is serving in the last year of a term of office.
● Are C. Are ineligible to be simultaneous candidates for nomination or election to the Governing Board.
A qualified elector residing in the District may bring an action in Superior Court to enforce these restrictions.
For purposes of this policy, the definitions of "immediate family" and "household of residence" set out in A.R.S. 15-421 shall apply.
Adopted: December 8, 2009date of Manual adoption
LEGAL REF.:
A.R.S.
15-421
38-201
38-296.01
Arizona Constitution, Article VII, Section 15
Oath of Office
Board members shall take and subscribe to the oath prescribed for public officers pursuant to A.R.S. 38-231, and forward the acknowledged oath on the same day to the County School Superintendent. The person taking the oath shall file a copy of the acknowledged oath in the District office. The District office shall keep such copy on file as long as the Board member remains on the Governing Board and for a period of five (5) years after last serving on the Board.
Time of Oath (Governing Board Members)
When a different time is not prescribed, the oath of office shall be taken and subscribed after the Board member has notice of appointment or, if elected, at any time after receipt of the certificate of election, or before commencement of the term of office.
Familiarization with
Open Meeting Law
A newly elected or appointed Governing Board member shall, at least one (1) day before taking office, review the Arizona open meeting law (OML) material prepared by the attorney general.
Adopted: October 25, 2011date of Manual adoption
LEGAL REF.:
A.R.S.
15-426
38-231
38-232
38-233
38-431.01
Attorney General Arizona Agency Handbook, Chapter 7, Open Meetings
EXHIBIT
BOARD MEMBER OATH OF OFFICE
Oath of Office
In addition to any other form of oath or affirmation specifically provided by law, any officer or employee shall take and subscribe to the following oath or affirmation before entering upon the duties of such appointed office or employment.
State of Arizona, County of _____________________________________________, I, [type or print name], do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution and laws of the State of Arizona; that I will bear true faith and allegiance to the same, and defend them against all enemies, foreign and domestic, and that I will faithfully and impartially discharge the duties of the office of [name of office] according to the best of my ability, so help me God (or so I do affirm).
____________________________________
(Signature of officer or employee)
LEGAL REF.:
A.R.S.
38-231
Any Board member who desires to resign from the Governing Board shall send a letter of resignation to the office of the County School Superintendent, with a copy to the Secretary of State, giving the effective date of resignation. The resigning Board member shall furnish a copy of such letter to each other member of the Board and to the Superintendent prior to the date on which said resignation is to become effective.
Adopted: date of
manualManual adoption
A Board member's position may be considered vacant or the Board member may be removed from office for reasons included in A.R.S. 38-291. These reasons are:
● Death A. Death of the person holding the office.
● Insanity B. Insanity of the person holding the office, when judicially determined.
● Resignation C. Resignation of the person holding the office and the lawful acceptance of the resignation.
● Removal D. Removal from office of the person holding the office.
● The E. The person holding the office ceasing to be a resident of the district for which he was elected.● Absence
F. Absence from the state by the person holding the office, without permission of the legislature, beyond
the periodthe period of three (3) consecutive months.
● TheG. The person holding the office ceasing to discharge the duties of office for the period of three (3)
consecutive monthsconsecutive months.
● ConvictionH. Conviction of the person holding the office of a felony or an offense involving a violation of official duties.
● FailureI. Failure of the person elected or appointed to such office to file an official oath within the time prescribed
by lawby law.
●J. A decision of a competent tribunal declaring void the election or appointment of the person elected
or appointedor appointed to the office.
● FailureK. Failure of a person to be elected or appointed to the office.
● AL. A violation of
sectionsection 38-296
byby the person holding the office.
Every public officer holding an elective office, either by election or by appointment, is subject to recall from such office by the qualified electors of the electoral district from which candidates are elected to that office.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
19-201
19-202
19-202.01
19-209
19-216
38-291
38-296
38-431.07
Any vacancy of a Governing Board member, as defined in A.R.S. 38-291, may be filled by appointment by the County School Superintendent as prescribed by state law. Such appointment shall be until the next regular election, at which time a successor shall be elected to serve the unexpired portion of the term. The County School Superintendent may call for an election to fill a vacancy on a local Governing Board as an alternative to appointment.
When a vacancy occurs, the Governing Board may, within thirty (30) days after notification of the vacancy, submit to the County School Superintendent up to three (3) names for consideration of an appointment to fill the vacancy. The County School Superintendent is not required to appoint a Governing Board member from the list of names submitted by the Board.
Adopted: December 8, 2009date of Manual adoption
LEGAL REF.:
A.R.S.
15-302
38-291
A.G.O.
I82-111
Arizona Constitution, Article VII, Section 15
Board members will strive to improve public education, and to that end will:
● Attend all regularly scheduledA. Attend all Board meetings insofar as possible, and become informed concerning the issues to be
considered atconsidered at those meetings;
● RecognizeB. Recognize that decisions should be made only after discussion at publicly held Board meetings;
● RenderC. Render all decisions based on the available facts and independent judgment, and refuse to surrender
that judgmentthat judgment to individuals or special-interest groups;
● EncourageD. Encourage the free expression of opinion by all Board members, and seek systematic
communications betweencommunications between the Board and students, staff, and all elements of the community;
● WorkE. Work with other Board members to establish effective Board policies and to delegate authority for
the administrationthe administration of the schools to the Superintendent;
● CommunicateF. Communicate to other Board members and the Superintendent expressions of public reaction to
Board policiesBoard policies and school programs;
● BeG. Be informed about current educational issues by individual study and through participation in
programs providingprograms providing needed information, such as those sponsored by state and national school boards associations;
● SupportH. Support the employment of persons best qualified to serve as school staff members, and insist on a
regular andregular and impartial evaluation of all personnel;
● AvoidI. Avoid being placed in a position of conflict of interest, and refrain from using their Board position for
personal or partisanpersonal or partisan gain;
● TakeJ. Take no private action that will compromise the Board or administration, and respect the confidentiality
of informationof information that is privileged under applicable law; and
● RememberK. Remember always that a Board member's first and greatest concern must be the educational welfare of
the studentsthe students attending the public schools.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-321
Voting Restrictions
Notwithstanding any other provision of law, a Governing Board member shall be eligible to vote on any budgetary, personnel, or other question that comes before the Board, except that it shall be unlawful for a member to vote on a specific item that concerns the appointment, employment, or remuneration of such member or any person related to such member as a dependent as defined in A.R.S. 43-1001. [LEGAL REF.: A.R.S. 15-323]
Employment Limitation
No dependent, as defined in Section 43-1001, of a Governing Board member may be employed in the District, except by consent of the Board. [LEGAL REF.: A.R.S. 15-502]
No employee of the District or the spouse of such employee may hold membership on the Governing Board of the District. [LEGAL REF.: A.R.S. 15-421]
Conflict of Interest
Any Board member or employee of the District who has, or whose relative has, a substantial interest in any contract, sale, purchase, or service to the District shall make known that interest in the official records of the District and shall refrain from voting upon or otherwise participating in any manner as a Board member or employee in such contract, sale, or purchase. [LEGAL REF.: A.R.S. 38-503]
Any Board member or employee who has, or whose relative has, a substantial interest in any decision of the District shall make known such interest in the official records of the District and shall refrain from participating in any manner as a Board member or employee in such a decision. [LEGAL REF.: A.R.S. 38-503]
Purchases from Governing Board
Members
for Districts with
3,000 or More Students
School district procurement rules are required for all purchases of service from Governing Board members, regardless of the dollar amount. Purchases for services may only be made after public competitive bidding. Purchases of supplies, materials, and equipment from Board members are subject to the following:
● Purchases for goods or services A. Purchases for supplies, materials, and equipment are limited to three hundred dollars ($300) per transaction;
● Total B. Total purchases within any twelve (12) month period are limited to one thousand dollars ($1,000);
● The C. The purchases comply with the Uniform System of Financial Records (USFR) guidelines for oral and written quotationswritten quotations.
● The D. The Board has, by majority vote, adopted or reconfirmed a policy authorizing such purchases within the preceding the preceding twelve (12) month period.
[LEGAL REF.: A.R.S. 38-503; 15-323; A.G.O. I84-012; I06-002]
Purchases from Governing Board
Members for Districts with
Fewer than 3,000 Students
School district procurement rules are required for all purchases of service from Governing Board members, regardless of the dollar amount. Purchases for services may only be made after public competitive bidding. Purchases of supplies, materials, and equipment from Board members are subject to the following:
A. Purchases less than one hundred thousand dollars ($100,000) comply with the Uniform System of Financial Records (USFR) guidelines for oral and written quotations;
B. Purchases of one hundred thousand dollars ($100,000) and above comply with the school district procurement rules for public competitive bidding;
C. Each purchase is approved by the Governing Board;
D. The amount of the purchase is included in the Board's meeting minutes.
[LEGAL REF.: A.R.S. 15-323; A.G.O. I06-002]
Filing of Disclosures
The District shall maintain for public inspection in a special file all documents necessary to memorialize all disclosures of substantial interest made known pursuant to the statutory conflict-of-interest provisions. [LEGAL REF.: A.R.S. 38-509]
Adopted: October 25, 2011date of Manual adoption
LEGAL REF.:
A.R.S.
15-213
15-323
15-421
15-502
38-481
38-503
38-509
43-1001
A.G.O.
I84-012
I87-035
I88-013
I06-002
CROSS REF.:
BBBA - Board Member Qualifications
DJE - Bidding/Purchasing Procedures
EXHIBIT
BOARD MEMBER CONFLICT
OF INTEREST
I, _____________________________________________________, do hereby indicate:
1. That I am presently an officer/employee of the Flagstaff Unified ____________________________
_______________________________ School District;
2. That I (or my relative[s]: _______________________________________
________________________________________________________) have a substantial interest in the contract, sale, purchase, or service to or decision by the Flagstaff Unified School District No. 1 ____________________________________ Governing Board as described below.
3. That I shall refrain from participating in any manner in my capacity as an employee or officer of Flagstaff Unified ________________________________________
School District in such contract, sale, purchase, service to, or decision by the Governing Board unless specifically permitted to do so by law.
________________________ ___________________________________
Date Date Signature Signature
Description of Conflict:
For the purpose of organization of the Governing Board, the Board shall meet at the most convenient public facility in the District. (If a public facility is not available within the District, the Board may meet at any available public facility convenient to all Board members, regardless of the county or school district in which the facility is located.) Such meeting shall be held between January 1 and January 15 next following the election.
The meeting shall be called to order by the President of the Board for the preceding year, or the Clerk, in the order of priority, provided one (1) of these officers is still a member of the Board. If none of the former officers is that person is not a member of the Board, a temporary President president shall be elected and the meeting shall be called to order by the temporary Presidentpresident. The person calling the meeting to order shall preside until a successor is chosen.
The new President of the Board shall take office upon election. The Board shall then elect a Clerk.
All officers of the Board shall hold office for a term of one (1) year or until their successors are elected.
Whenever there is a vacancy in the office of President or Clerk, the Board shall elect a new officer to fill the vacancy during the unexpired term of office.
In addition to the organizational meeting described in this policy, the Board may elect a Board President at any time, for any reason, providing that the matter has been properly placed and noticed on the Board agenda consistent with the open meeting law and adopted by the Board.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-321
38-431 et seq.
CROSS REF.:
BDB - Board Officers
BE - School Board Meetings
BEC - Executive Sessions/Open Meetings
BEDA - Notification of Board Meetings
President
The duties of the President of the Board shall be as follows:
● Preside A. Preside over all meetings and conduct meetings in accordance with Arizona law and policies of the District.
● Consult B. Consult with the Superintendent and, on behalf of the Governing Board as a whole, approve items to be placed on the agenda for each meeting.
● Consult with Board members on the agenda(s).
● Encourage C. Encourage and maintain orderly and democratic participation.
● Keep D. Keep all discussions factual and on the subject at hand.
● Allow E. Allow for full and complete exploration of each item of business.
In the absence of the President of the Board, the Clerk shall assume that position temporarily and perform the functions of the President.In the absence of the President and Clerk, Board members shall select a temporary president, which selection shall be recorded in the minutes.
Clerk
The clerk shall perform such duties as assigned by the Governing Board.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-321
CROSS REF.:
BEDB - Agenda
BEDBA - Agenda Preparation and Dissemination
The establishment of policies is the responsibility of the Board, and the execution of those policies is a function of the Superintendent.
The Superintendent is the chief executive officer of the School District and is responsible for the professional leadership and skill necessary to translate the policies of the Board into administrative action.
The Superintendent is responsible for the administration of the District. The Superintendent may delegate the necessary authority to other employees and develop such procedures and regulations as the Superintendent considers necessary to ensure efficient operation of the District.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-503
Committee work of the Board shall usually be done by members of the Board sitting as a committee of the whole. The Board shall not establish standing or permanent committees, and there shall be no standing or permanent committees composed of the Board members. If a temporary committee is appointed, it shall serve only for the time needed for its designated purpose. Committee recommendations shall be advisory only.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
38-431
CROSS REF.:
BDF - Advisory Committees
The Board may, by majority vote, appoint ad hoc committees when deemed advisable. Recommendations of such committees cannot be binding on the Board; they may be advisory only. These committees will be responsible for presenting to the Board recommendations for action based on research and facts. Any such committee shall automatically be dissolved upon completion of its assignment.
The Governing Board President shall develop guidelines for each committee. These guidelines shall be approved by the Board prior to the first meeting of each committee and will include, but not necessarily be limited to, the following:
A. A written, specific statement of the purpose of the committee.
B. The dates on which interim and final reports of the committee are to be rendered.
C. The date or event upon which the committee will be terminated.
D. The extent to which facilities, supplies, equipment, and clerical support will be provided to each committee.
The Superintendent will ensure that the following actions are taken for each committee established by the Board:
A. Each committee member will be briefed on the requirements of the Arizona Open Meeting Law (A.R.S. 38-431) as it applies to committees of the Board.
B. Notices and agendas of all meetings of the committee will be posted.
C. All meetings will be open for public attendance.
D. If an executive session is authorized, all applicable requirements as presented in Policy BEC, Executive Sessions/Open Meetings will be followed.
E. Minutes will be taken and made available for public inspection three (3) working days after the meeting.
A representative of the Board and the Superintendent will serve as ex-officio members of all advisory committees.
Adopted: December 13, 2016date of Manual adoption
LEGAL REF.:
A.R.S.
38-431 et seq.
CROSS REF.:
BEC - Executive Sessions/Open Meetings
The District may use the services of the County Attorney. However, when the Board deems it to be in the best interest of the District the Board may retain private counsel and services. Governing Board may employ an attorney to represent the District if the county attorney consents. The purpose for which an attorney is hired shall be set forth in writing by the Board.
The Governing Board may employ legal counsel without the consent of the county attorney when, in its discretion, it deems it advisable.
Compensation and purpose should be determined at the time of employment of private counsel.
The Superintendent and the President of the Board shall be designated as the representatives of the District who may confer with counsel. The District will not be responsible for fees that accrue because of unauthorized individual Board member or staff consultation with private counsel.
Copies of all written requests for opinions and opinions of private counsel shall be furnished by the Superintendent to all Board members. Requests for opinions requiring research or substantial amounts of work on the part of private counsel shall be in writing when practicable. Only the Superintendent may contact private counsel by telephone or in person regarding matters pertaining to the day-to-day operation of the District.
Adopted: date of
manualManual adoption
The District may employ consultants when appropriate to carry out tasks or projects that enhance the effectiveness of District operations 1) when the District does not have the specialized competency on its staff or 2) when such assignments would be burdensome to the school staff when added to their full-time assignments. The kinds of assistance sought from consultants may include, but will not necessarily be limited to 1) conducting fact-finding studies, surveys, and research; 2) providing counsel or services requiring special expertise; and 3) assisting the Board in developing policy and program recommendations. The employment of specific consultants, within the budgeted funds of the District, will be the responsibility of the Superintendent.
Adopted: date of manual Manual adoption
LEGAL REF.:
A.R.S.
15-341
15-343
A.A.C.
R7-2-1061 et seq.
R7-2-1117 et seq.
The Board shall transact all business at official meetings of the Board. These may be either regular or special meetings, defined as follows:
● Regular A. Regular meeting - the usual official legal-action meeting, scheduled and held regularly.
● Special B. Special meeting - an official legal-action meeting called between scheduled regular meetings to consider only specifically only specifically identified topics.
Every meeting of the Board, regular or special, shall be open to the public except for an executive session that is held in accordance with state law. A "meeting" is defined as the gathering, in person or through technological devices, of a quorum of members of a public body to discuss, propose or take legal action, including any deliberations with respect to such action, that has been properly noticed, pursuant to Arizona Revised Statutes.
Notice of all Governing Board meetings, regular and special, shall be posted in compliance with the requirements prescribed by A.R.S. 38-431.02 and described in Board Policy BEDA.
Regular Board Meetings
The second (2nd) and fourth (4th) Tuesdays of each calendar month Governing Board shall hold a regular meeting at least once each month during the regular school year and may hold other meetings as often as called. If action has been taken and documents approved at a meeting, they may be signed subsequently by individual Board members.
Choose this:
The _______ and ___________________________ of each month during the regular school year are designated as the regular Board meeting dates, except when the date falls on a legal holiday, in which event the meeting will be held the next day at the same hour. The Board, by majority vote, may also cancel or postpone a meeting. The Board may hold other meetings as often as called.
Or choose this:
The _____________________________ of each month during the regular school year is designated as the regular Board meeting date. The Board may hold other meetings as often as called.
A regular meeting may be rescheduled or canceled:
● By A. By majority vote of the Board when noticed as a meeting agenda item.
● By B. By declaration of the Board President, or if the President is unavailable another member of the Board, in in consultation with the Superintendent, when a significant event beyond the Board's control renders attendance renders attendance at the meeting unsafe or unreasonable in light of the circumstance, such as:
■ Significantly 1. Significantly inclement weather conditions, or
■ A 2. A local, state, or national emergency of a magnitude it intervenes to the extent that convening of convening of the meeting is inadvisable.
● When C. When the absence of a quorum of the Board will render the meeting impermissible.
Every regular meeting of the Board shall be open to the public, and the Board shall meet at the most convenient public facility in the District. If a public facility is not available within the District, the Board may meet at any available public facility convenient to all Board members, regardless of the county or school district in which the facility is located.
Special Board Meetings
Special meetings may be called whenever deemed necessary. Written or telephoned notice of all special meetings shall be given to the members of the Board at least twenty-four (24) hours prior to the time stated for the meeting to convene. Said notice shall indicate the purpose of the special meeting. No business other than the matters specified in the notice shall be transacted at such meeting.
Adopted: October 25, 2011
LEGAL REF.:date of Manual adoption
A.R.S.
15-321
15-843
38-431 et seq.
A.G.O.
I79-45
CROSS REF.:
BEC - Executive Sessions/Open Meetings
BEDA - Notification of Board Meetings
BEDB - Agenda
BEDC - Quorum
The Board may enter into executive session after the following requirements have been met:
A. A notice of the executive session has been provided to the Board members and the general public stating the provision of law authorizing the executive session in accordance with Board Policy BEDA.
B. The Board has first been convened in open meeting, for which notice, stating the specific provision of law authorizing the executive session, has been given.
C. The Board President has identified the section or sections of A.R.S. 38-431.03 that authorize the holding of the executive session and has stated the language of the section(s) and a general description of the matters to be considered.
D. The executive session is authorized by a vote in open session, either during the current Governing Board meeting or at a prior meeting of the Board designating the time and the date of the future executive session.
The Governing Board shall provide any officer, appointee, or employee to be considered or discussed at a meeting with written notice of the executive session as is appropriate but not less than twenty-four (24) hours for the officer, appointee, or employee to determine whether the discussion or consideration should occur at a public meeting.
No final action, decision, or vote shall be taken while the Board is in executive session, except as provided by law.
The Board shall reconvene the open meeting after an executive session prior to adjourning the meeting.
During the executive session, all persons present in the executive session will be read the admonition on the confidentiality of the executive session minutes and deliberations.
Adopted: December 13, 2016date of Manual adoption
LEGAL REF.:
A.R.S.
15-843
38-431.01
38-431.02
38-431.03
A.G.O.
I79-45
I79-49
I79-126
I79-136
I80-118
I80-146
I81-058
I81-060
I81-090
CROSS REF.:
BBBB - Board Member Oath of Office
BEDA - Notification of Board Meetings
BEDG - Minutes
JKD - Student Suspension
EXHIBIT
EXECUTIVE SESSIONS / OPEN MEETINGS
MINUTES
__________________ _________________ ____________________________
Date Date Time Time Place Place
I. Record the names of persons present (Only Board Members, individuals provided for by statute, and other persons whom the Board determines are reasonably necessary for the purposes of the executive session may be present). Indicate who and when anyone leaves or enters during the executive session:
II. Specify the section of A.R.S. 38-431 under under which the executive session was called and a general description of the respective topic(s). The same information should have been indicated on the agenda:
III. (Read prior to each executive session:)
All persons present are hereby reminded that it is unlawful to disclose or otherwise divulge to any person who is not now present, other than a current member of the Board, or pursuant to a specific statutory exception, anything that has transpired or has been discussed during this executive session. Failure to comply is a violation of A.R.S. 38-431.03.
IV. Items of discussion (if the session is held under authority of A.R.S. 38-431.03, Subsection A, paragraphs 4, 5, or 7, an accurate description of all instructions given must be included):
EXHIBIT
EXECUTIVE SESSIONS / OPEN MEETINGS
Form 7.5
Notice of Meeting and Possible Executive Session of a Public Body
Sections 7.6.8 and 7.10.1
NOTICE OF MEETING AND POSSIBLE EXECUTIVE SESSION OF THE
[NAME OF PUBLIC BODY]
Pursuant to A. R.S. § 38-431.02, notice is hereby given to the members of the [name of public body] and to the general public that the [name of public body] will hold a meeting open to the public on [date, time, and exact location] for the purpose of deciding whether to go into executive session. If authorized by a majority vote of the [name of public body], the executive session will be held immediately after the vote and will not be open to the public.
The agenda for the meeting is as follows:
[Include a general description of the matters to be discussed or considered, but exclude information that would defeat the purpose of the executive session. See Form 7.7 (Sample Notice and Agenda)]
[OR]
A copy of the agenda for the meeting will be available at [location where the agenda will be available] at least twenty-four hours in advance of the meeting.
This executive session is authorized under A.R.S. § 38-431.03, Subsection (A), paragraph [list applicable provision].
Dated this _________ day of ___________________________, 20____.
___________________________________
[name of public body]
By_________________________________
[authorized signature]
Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting [name, telephone number, TDD telephone number]. Requests should be made as early as possible to arrange the accommodation.
EXHIBIT
EXECUTIVE SESSIONS / OPEN MEETINGS
Form 7.6
Notice of Combined Public Meeting and Executive Session
Sections 7.6.8, 7.7.4, and 7.10.1
NOTICE OF COMBINED PUBLIC MEETING AND EXECUTIVE SESSION OF
[NAME OF PUBLIC BODY]
Pursuant to A. R.S. § 38-431.02, notice is hereby given to the members of the [name of public body] and to the general public that the [name of public body] will hold a meeting open to the public on [date, time, and exact location]. As indicated in the agenda, pursuant to A.R.S. § 38-431.03(A) [specific paragraph that justifies the executive session]. The [name of public body] may vote to go into executive session, which will not be open to the public, to discuss certain matters.
The agenda for the meeting is as follows:
[List the specific matter to be discussed, considered, or decided. See Form 7.7 (Sample Notice and Agenda). Identify those matters that may be discussed or considered in executive session and identify the paragraph of A.R.S. § 38-431.03(A) authorizing the executive session, but exclude information that would defeat the purpose of the executive session.]
[OR]
A copy of the agenda for the meeting will be available at [location where the agenda will be available] at least twenty-four hours in advance of the meeting.
Dated this _________ day of ___________________________, 20____.
___________________________________
[name of public body]
By_________________________________
[authorized signature]
Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting [name, telephone number, TDD telephone number]. Requests should be made as early as possible to arrange the accommodation.
EXHIBIT
EXECUTIVE SESSIONS / OPEN MEETINGS
Form 7.13
Employee Notice of Executive Session
Section 7.9.4
[DATE]
[Name and Address of Officer or Employee who is the
subject of discussion at the executive session]
Dear [Name of employee]:
This is to advise you that the [name of public body] will meet in executive session at its next meeting on [date, time, and exact location] to discuss [describe nature of matters to be discussed or considered]. You may request that the discussion take place during the [name of public body's] public meeting rather than in executive session, by contacting the undersigned not later than [date and time by which notification must be given*].
Any person with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting [name, telephone number, TDD telephone number]. Requests should be made as early as possible to arrange the accommodation.
Very truly yours,
____________________________________
[authorized signature]
* Since the public body must post its notice of either a public meeting or an executive session at least twenty-four hours before the meeting, the deadline for the employee to exercise his or her right to demand a public meeting must be more than twenty-four hours before the meeting.
The President of the Board is responsible for the orderly conduct of the meeting and shall rule on such matters as the time to be allowed for public discussion, the appropriateness of the subject being presented, and the suitability of the time for such a presentation. All such rulings are subject to review by the Board at a subsequent meeting, properly noticed, as long as the matter is included on the agenda.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-321
A statement shall be conspicuously posted on the District's website specifying where all notices of the Governing Board meetings are posted, including the physical and electronic locations, and give additional public notice as is reasonable and practicable as to all meetings.
The District shall post all Governing Board public meeting notices on its website and give additional public notice as is reasonable and practicable as to all meetings. When the District has complied with all other public notice requirements of A.R.S. 38-431.02, the Board is not precluded from holding a meeting for which notice was posted when a technological problem or failure either:
A. prevents the posting of public notice on the District website, or
B. temporarily or permanently prevents use of all or part of the District's website.
When an executive session of the Board is scheduled a notice of the executive session stating the provision of law authorizing the executive session and including a general description of the matters to be considered shall be provided to:
A. the members of the Governing Board, and
B. the general public.
At least twenty-four (24) hours prior to the meeting notice shall be given to the members of the Governing Board and to the general public by posting in the designated public place(s) the time and place, and the meeting agenda or any change in the meeting agenda. The notice shall include an agenda of the matters to be discussed, considered or decided at the meeting, or include information on how the public may obtain a copy of the agenda.
The twenty-four (24) hour notice period:
A. May include Saturday when, in addition to any website posting, the public has twenty-four (24) hour access to the physical posting location.
B. Does not include Sundays and other holidays prescribed in A.R.S. 1-301.
A twenty-four (24) hour meeting notice is not required in the case of an actual emergency, however, notice shall be given and procedures followed in accordance with the requirements of 38-431.02 as are appropriate to the circumstances.
The Governing Board shall provide any officer, appointee, or employee to be considered or discussed at a meeting with written notice of the executive session as is appropriate but not less than twenty-four (24) hours for the officer, appointee, or employee to determine whether the discussion or consideration should occur at a public meeting.
A meeting may be recessed and resumed with less than twenty-four (24) hours notice when proper initial meeting notice was given and, before recessing, public notice is given specifying the time and place the meeting will be resumed or identifying the method by which such notice shall be publicly given.
When the Governing Board intends to meet at a regular place and time on a regular day, date or event for a specified calendar period, the District may post notice of the beginning of the applicable calendar period and the period for which the notification is valid.
Adopted: December 13, 2016date of Manual adoption
LEGAL REF.:
A.R.S.
1-301
15-321
15-341
38-431.01
38-431.02
A.G.O.
I79-45
CROSS REF.:
BE - School Board Meetings
BEC - Executive Sessions/Open Meetings
BEDB - Agenda
EXHIBIT
NOTIFICATION OF BOARD MEETINGS
Form 7.1
Disclosure Statement
Section 7.6.3.1
STATEMENT OF LOCATIONS WHERE ALL NOTICES OF THE MEETINGS
OF THE [NAME OF PUBLIC BODY] WILL BE POSTED
Pursuant to A.R.S. § 38-431.02, the [name of public body] hereby states that all notices of the meetings of the [name of public body] and any of its committees and subcommittees will be posted [identify the location where notices will be posted and include the hours during which such locations are open to the public, for example, "in the lobby of the State Capitol located at 1700 West Washington, Phoenix, Arizona, and at the press room of the State Senate Building, 1700 West Washington, Phoenix, Arizona. Both locations are open to the public Monday through Friday from 8:00 a.m. to 5:00 p.m. except legal holidays."] Such notices will indicate the date, time, and place of the meeting and will include an agenda or information concerning the manner in which the public may obtain an agenda for the meeting.
Dated this _________ day of ___________________________, 20____.
___________________________________
[name of public body]
By_________________________________
[authorized signature]
EXHIBIT
NOTIFICATION OF BOARD MEETINGS
Form 7.2
Notice of Public Meeting of a Public Body
Sections 7.6.3, 7.7.4, 7.10.1
NOTICE OF PUBLIC MEETING OF THE
[NAME OF PUBLIC BODY]
Pursuant to A.R.S. § 38-431.02, notice is hereby given to the members of the [name of public body] and to the general public that the [name of public body] will hold a meeting open to the public on [date, time, and exact location].
The agenda for the meeting is as follows:
[List the specific matters to be discussed, considered, or decided. See Form 7.7 (Sample Notice and Agenda)]
[OR]
A copy of the agenda for the meeting will be available at [location where the agenda will be available] at least twenty-four (24) hours in advance of the meeting.
Dated this _________ day of ___________________________, 20____.
___________________________________
[name of public body]
By_________________________________
[authorized signature]
Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting [name, telephone number, TDD telephone number]. Requests should be made as early as possible to arrange the accommodation.
EXHIBIT
NOTIFICATION OF BOARD MEETINGS
Form 7.3
Notice of Public Meeting of a Subcommittee or
Advisory Committee of a Public BodyPublic Body
Sections 7.6.3, 7.10.1
NOTICE OF MEETING OF THE [NAME OF SUBCOMMITTEE OR
ADVISORY COMMITTEEADVISORY COMMITTEE] OF THE [NAME OF PUBLIC BODY]
Pursuant to A. R.S. § 38-431.02, notice is hereby given to the members of the [name of committee] of the [name of public body] and to the general public that the [name of committee] of the [name of public body] will hold a meeting open to the public on the [date, time, and exact location].
The agenda for the meeting is as follows:
[List the specific matters to be discussed, considered or decided. See Form 7.7 (Sample Notice and Agenda)]
[OR]
A copy of the agenda for the meeting will be available at [location where the agenda will be available] at least twenty-four (24) hours in advance of the meeting.
Dated this _________ day of ___________________________, 20____.
___________________________________
[name of public body]
By_________________________________
[authorized signature]
Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting [name, telephone number, TDD telephone number]. Requests should be made as early as possible to arrange the accommodation.
EXHIBIT
NOTIFICATION OF BOARD MEETINGS
Form 7.4
Notice of Regular Meetings of a Public Body
Sections 7.6.3, 7.6.6, 7.7.4, and 7.10.1
NOTICE OF REGULAR MEETINGS OF THE
[NAME OF PUBLIC BODY]
Pursuant to A.R.S. § 38-431.02(F), notice is hereby given to the members of the [name of public body] and to the general public that the [name of public body] will hold regular meetings on the [specific day of month] of each month during the year [year]. The meetings will begin at [time] and will be held at [exact location].
A copy of the agenda for the meeting will be available at [location where the agenda will be available] at least twenty-four (24) hours in advance of the meeting.
Dated this _________ day of ___________________________, 20____.
___________________________________
[name of public body]
By_________________________________
[authorized signature]
Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting [name, telephone number, TDD telephone number]. Requests should be made as early as possible to arrange the accommodation.
EXHIBIT
NOTIFICATION OF BOARD MEETINGS
Form 7.8
Certification of Posting of Notice
Section 7.6.9
CERTIFICATION OF POSTING OF NOTICE
The undersigned hereby certifies that a copy of the attached notice was duly posted at [place] on [date and time] in accordance with the statement filed by the [name of public body].
Dated this _________ day of ___________________________, 20____.
_______________________________________
[name and title of person signing the certification]
EXHIBIT
NOTIFICATION OF BOARD MEETINGS
Form 7.9
Special Notice of Emergency Meeting
Section 7.7.9
SPECIAL NOTICE OF AN EMERGENCY MEETING OF
[NAME OF PUBLIC BODY] HELD [DATE]
Pursuant to A.R.S. § 38-431.02(D), notice is hereby given that an emergency session of the [name of public body] was held on [date, time, and exact location].
At the emergency session the [name of public body] [describe the specific matters discussed, considered, or decided, or in the case of matters considered in an emergency executive session, a general description of the matters considered, provided that no information is included that would defeat the purpose of the executive session].
Dated this _________ day of ___________________________, 20____.
___________________________________
[name of public body]
By_________________________________
[authorized signature]
EXHIBIT
NOTIFICATION OF BOARD MEETINGS
Form 7.12
Notice of Action to be Ratified
Sections 7.6.4, 7.10.1, and 7.12.2
NOTICE OF PUBLIC MEETING OF THE [NAME OF PUBLIC BODY]
FOR THE PURPOSE OF RATIFYING PAST ACTION TAKEN
IN VIOLATION OF OPEN MEETING LAW
Pursuant to A.R.S. § 38-431.05, notice is hereby given to the members of the [name of public body] and to the general public that the [name of public body] will hold a meeting open to the public on [date, time, and exact location].
The purpose of the meeting is to ratify an action of the [name of public body] that may have been taken in violation of the Open Meeting Law. This action involved:
[Describe the action.]
The public may obtain a detailed written description of the action to be ratified, and all deliberations, consultations, and decisions by members of the public body that preceded and relate to this action to be ratified at [identify the location and include hours] at least seventy-two (72) hours in advance of the meeting.
Dated this _________ day of ___________________________, 20____.
___________________________________
[name of public body]
By_________________________________
[authorized signature]
Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting [name, telephone number, TDD telephone number]. Requests should be made as early as possible to arrange the accommodation.
The agenda shall list the specific matters to be discussed, considered or decided at the meeting. The Governing Board may discuss, consider or make decisions only on matters listed on the agenda and other matters related thereto. (Subject to A.R.S. 38-431.02)
Unless changed by a majority vote of Board members present at a meeting, the order of business shall be as follows:
Regular MeetingsPreliminarymeetings:
● Call A. Call to order
● Moment of silence
● Pledge of allegiance
● Roll call
● Reorder agenda
● Adoption of B. Adoption of the agenda (discussion of items is not in order)
Call To The Public (C. Pledge of allegiance
D. Board Meeting minutes not previously approved
E. Information only items (Items to be heard only; the Board will not propose, discuss, or take legal action during the meeting unless the specific matter is properly noticed for legal action.)
1. Summary of current events
a. Superintendent
i. Celebrations and recognitions
b. Governing Board members
2. Reports (Notice must be specific as to type of report that will be given, subject matter and whom will be making the report)
F. Public comments (Members of the Governing Board shall not discuss or take legal action on matters
raised duringraised during an open call to the public unless the matters are properly noticed for discussion and legal action)
Action ItemsG. Action items (Matters on which the Governing Board may take legal action during the meeting)● Consent Agenda Items
1. Consent agenda items (When so presented, should fully describe the matters on the agenda and
inform theinform the public where more information can be obtained)
● Student Travel
Presentations - Information and Discussion items (Matters about which the Board may engage in discussion but will take no action during the meeting)
● Superintendent
■ Summary of current events
■ Celebrations and recognitions
● Reports (Notice must be specific as to type of report that will be given, subject matter and whom will be making the report)
Action Items - Specific items of District business (as2. Specific items of District business (As listed for consideration, may include various categorical areas
as theas the business of the District necessitates Board discussion, deliberation, and action)
For Your Information (Items to be heard only: the Board willH. Information and Discussion items (Matters about which the Board may engage in discussion but will take no action during the meeting)
I. Information items (The Board will not propose, discuss, or take legal action during the meeting)
Adjournment
Special Meetings:
● Call to order
● Items1. Requests for future agenda items
J. Adjournment
Special meetings:
A. Call to order
B. Items for which the special meeting was called (May include timely action, discussion, and information items as items as conditioned for regular meetings)
● Announcements
● AdjournmentC. Announcements
D. Adjournment
Executive Sessionssessions:
● An A. An executive session may be scheduled, as necessary, during either a regular or special meeting. (See Arizona See Arizona Attorney General Agency Handbook Section 7.6.7)
■ When 1. When an executive session is to be held, the notice must state the specific provision of law authorizing the authorizing the executive session.
■ The 2. The Board may vote to hold an executive session for the purpose of obtaining legal advice from the Boardthe Board's attorney on any matter listed on the agenda pursuant to A.R.S. 38-431.03(A)(3).
Emergency Meetingsmeetings
In the case of an actual emergency, the Governing Board, after giving such notice as is appropriate to the circumstances, may act on an emergency matter or call an emergency meeting in accordance with the requirements set out in A.R.S. 38-431.02. The emergency meeting shall follow the order of business for a special meeting. An emergency meeting shall be subsequently followed by the posting of a public notice within twenty-four (24) hours declaring that an emergency session has been held and setting forth the information specified by 38-431.02. Chapter 7 of the Arizona Agency Handbook shall be consulted for guidance when an emergency action or meeting is being considered.
Accommodations for the Disabled
Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Superintendent's office at 928-527-6002 [name of designated agency contact person] at [telephone number and TDD telephone number]. Requests should be made as early as possible to allow time to arrange the accommodation.
Adopted: January 14, 2014date of Manual adoption
LEGAL REF.:
A.R.S.
38-431
38-431.01
38-431.02
38-431.03
CROSS REF.:
BDB - Board Officers
BEC - Executive Sessions/Open Meetings
EXHIBIT
AGENDA
AGENDA TEMPLATE
Preliminary:
● Call to order
● Moment of silence
● Pledge of allegiance
● Roll call
● Reorder agenda
● Adoption of agenda
Call to the Public
Action Items:
● Consent agenda
● Student travel
Presentations:
● Curriculum report
● Superintendent's report
● Operations report
● Budget and finance report
● Governing Board members' report
Action Items:
● General administration
For Your Information:
● Informational items
Executive Session (if necessary)
Adjournment
Form 7.7
Sample Notice and Agenda of Public Meeting and Executive Session
Sections 7.6.4, 7.6.8, 7.7.2, 7.7.4, and 7.10.1
NOTICE AND AGENDA OF MEETING OF THE
ARIZONA COMMISSION ON THE ENVIRONMENT
Pursuant to A.R.S. § 38-431.02, notice is
hereby given to the members of the Arizona Commission on the Environment and to the general public that the Arizona Commission on the Environment will hold a meeting open to the public on January 21, 2000, beginning at 8:30 a.m. in Room 201, Health Building, 1740 West Adams, Phoenix, Arizona. As indicated in the following agenda, the Arizona Commission on the Environment may vote to go into executive session, which will not be open to the public, to discuss certain matters.
The agenda for the meeting is as follows:
I. Call to Order. (Chairman Smith)
II. Approval of Minutes of October 19, 1999 Meeting.
III. Committee Reports. (Oral reports of the following committees and discussion thereon.)
1. Computer Committee. Report by the chair of the Commission's Advisory Committee on proposals for acquiring a new computer system for the Commission.
IV. Personnel.
1. Consideration of applicants for Director of the Commission. The Commission may vote to discuss this matter in executive session pursuant to A. R.S. § 38-431.03(A)(1). The names of the applicants may be obtained by contacting the Commission's Executive Secretary.
2. Selection of Director of the Commission. The Commission may defer a decision on this matter to a later date.
V. Litigation.
1. State v. Acme Polluters. Discussion and decision concerning possible settlement. The Commission may vote to discuss this matter with the Commission's attorneys in executive session pursuant to A.R.S. §38-431.03(A)(3) and (4). The Commission may decide the matter in the public meeting or defer decision to a later date.
2. Instituting Litigation. Discussion with and instruction to the Commission's attorneys concerning the filing of an enforcement action against The Brown Corporation. The Commission may discuss this matter in executive session pursuant to A.R.S. § 38-431.03(A)(2), (3), and (4). The Commission may decide the matter in the public meeting or defer decision to a later date.
VI. Consent Agenda.
Approval of routine warrants, purchase orders, travel claims, employee leave and transfer requests, and employee resignations. (Documentation concerning the matters on the consent agenda may be reviewed at the Commission's office.) Any matter on the Consent Agenda will be removed from the Consent Agenda and discussed as a regular agenda item upon the request of any Commission member.
1. Approval of purchase order numbers 1204, 1205, and 1206 for purchase of computer equipment.
2. Approval of travel claims for employees John Q. Smith and Mary M. McGee.
3. Approval of resignation of Daniel Warren and resolution to thank Daniel Warren for ten years of service.
VII. Call to the Public.
This is the time for the public to comment. Members of the Board may not discuss items that are not on the agenda. Therefore, action taken as a result of public comment will be limited to directing staff to study the matter or scheduling the matter for further consideration and decision at a later date.
VIII. Summary of Current Events.
The chief administrator, presiding officer or a member of the board may present a brief summary of current events pursuant to A.R.S. § 38-431.02(K). The Board will not discuss or take action on any current event summary.
The Board may discuss future dates for meetings and direct staff to place matters on future agendas.
IX. Future Meeting Dates and Items for Future Agendas.
A copy of the agenda background material provided to Commission members (with the exception of material relating to possible executive sessions) is available for public inspection at the Commission's office, Room 402, Health Building, 1740 West Adams, Phoenix, Arizona.
Dated this 7th day of January, 2000.
ARIZONA COMMISSION ON THE ENVIRONMENT
Chris Jones
Executive Secretary
Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting [name, telephone number, TDD telephone number]. Requests should be made as early as possible to arrange the accommodation.
Regular Meetings
:
The Superintendent will prepare Board meeting agendas in consultation with the Board President.
The Superintendent or Board members , with the approval of the Board President, on behalf of the Governing Board as a whole, may place items on the agenda. Any Board member desiring to place proposing an item for consideration of placement on the agenda will notify the Superintendent of the particular item of business at least five (5) working days before the meeting. The inclusion of these items shall be at the discretion of the President in consultation with the Superintendent.Items of business suggested by employees and patrons of the District will be submitted in writing and received in the office of the Superintendent at least five (5) working days before the Board meeting.
The inclusion of these items shall be at the discretion of the Board President in consultation with the Superintendent.The agenda and supporting materials shall be distributed to the Board members not less than twenty-four (24) hours prior to the meeting.
Upon request, copies of the agenda shall be available to the public and the press.
Special Meetings
:
Whenever possible, the procedures for agenda preparation and dissemination used for regular meetings will be used for special meetings.
These procedures may be altered by the Superintendent during an emergency or when compliance would be impractical. However, the Superintendent shall comply with all legal requirements in scheduling special meetings.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
38-431 et seq.
CROSS REF.:
BDB - Board Officers
A quorum consisting of a majority of the Board membership shall be necessary to conduct any business. In the event that a quorum is not present within thirty (30____________ (____) minutes of the time scheduled, the meeting may be canceled and another meeting scheduled, with due and proper notices as prescribed by policy and law.
When there is a vacancy of one (1) or more members on the Governing Board, a majority of the members remaining constitute a quorum for the transaction of business, except that a single Board member does not constitute a quorum.
Efforts shall be made to fill vacancies on the Governing Board as soon as is practicable.
Adopted: December 8, 2009date of Manual adoption
LEGAL REF.:
A.R.S.
1-216
15-321
A.G.O.
I84-165
CROSS REF.:
BBBE - Unexpired Term Fulfillment
The Board prescribes rules for its meetings as follows:
● ItA. It shall hold a regular meeting at least once each month during the regular school year and may hold
other meetingsother meetings as often as called.
● EachB. Each action item shall require a motion, and all motions shall require seconding.
● TheC. The President may make or second motions, and may vote on all motions.
● AD. A motion to adjourn is in order at any time. Such a motion shall require a second and a majority vote.
No discussionNo discussion is in order.
● AE. A motion to table is in order at any time. Such a motion requires a second and is limited to being
considered onlyconsidered only once on any given agenda item. No discussion is in order.
● RulesF. Rules of order may be subject to suspension only upon a majority vote of the members of the Board present
at aat a meeting.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-321
15-341
CROSS REF.:
BED - Meeting Procedures/Bylaws
BEDA - Notification of Board Meetings
BEDB - Agenda
BEDBA - Agenda Preparation and Dissemination
BEDC - Quorum
BEDF - Voting Method
BEDG - Minutes
BEDH - Public Participation at Board Meetings
BGF - Suspension/Repeal of Policy
Votes on all motions and resolutions shall be by ayes and , nays. No secret ballots shall be used. or abstentions.
At the discretion of the Board President or on the request of a member, a show-of-hands or roll-call vote shall be made and the vote of members shall be recorded. On a voice vote, members may request that their own votes be recorded.
All motions shall be carried by a majority of the members who vote, or as otherwise required by law.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
1-216
15-321
38-431
A.G.O.
I78-237
CROSS REF.:
BEDC - Quorum
BEDD - Rules of Order
BEDG - Minutes
Written or recorded minutes shall be taken of all regular and special Board meetings, including executive sessions, and shall include the information required by A.R.S. 38-431.01. The written minutes or recording shall be available for public inspection three (3) working days after the date of the meeting, except for confidential executive session minutes. Written minutes or a recording not yet approved by the Governing Board shall be marked as "draft" or "unapproved." The minutes or recording shall not be withheld from the public pending approval and must be in a form readily accessible to the public.
Copies of unapproved written minutes, in print or digital form, shall be distributed to all Board members prior to the next meeting. The Board will take action at a subsequent meeting to amend and/or approve the written minutes.
The Superintendent shall oversee the preparation of written or recorded minutes of all executive sessions, as required by A.R.S. 38-431.01. The Superintendent will provide confidential copies of unapproved written minutes, in print or digital form, to all Board members prior to the next meeting.
The Superintendent shall assure that permanent archival files of all approved Governing Board meeting minutes and related required materials are maintained in accordance with A.R.S. 39-101 and standards established by Arizona State Library, Archives and Public Records (ASLAPR). Regular and special Board meeting minutes shall be filed separately from Board executive session minutes.
Adopted: October 25, 2011date of Manual adoption
LEGAL REF.:
A.R.S.
15-843
38-421
38-431.01
38-431.03
39-101
39-121
39-122
41-1347
41-1351
A.G.O.
I80-198
Attorney General Arizona Agency Handbook, Chapter 7,Open Meetings
ASLAPR General Retention Schedule for School Districts and Charter Schools
CROSS REF.:
BED - Meeting Procedures/Bylaws
REGULATION
MINUTES
(Minutes of Open Session Governing Board Meetings,
Board Subcommittees and Advisory Committees)
For meetings other than executive sessions, minutes are to contain at least the following information:
● DateA. Date, time, and place of meeting.
● Members B. Members of the Governing Board recorded as either present or absent.
● General C. General description of the matter considered.
● An D. An accurate description of all legal actions proposed, discussed or taken, and the name of the Board member who member who proposed each motion.
● Names E. Names of the persons, as given, making statements or presenting material to the Governing Board and a reference a reference to the legal action about which they made statements or presented material.
A A meeting, for the purposes of the open meeting statutes, is the gathering of a quorum of Governing Board members at which they discuss, propose or take legal action, including any deliberations by a quorum with respect to such action. [38-431]
It is therefore necessary to remember that:
● the A. the coming together of a quorum of Governing Board members:
■ in 1. in person or by technological devices such as speakerphone, Internet, or other device,
■ including 2. including study sessions, work sessions, and retreats,
■ regardless 3. regardless of whether or not any voting is scheduled to occur,
● or B. or of a subcommittee or advisory committee appointed by or at the direction of the Board, or which is to report to report to the Board,
■ is 1. is a "meeting" and, therefore,
■ minutes 2. minutes must be taken and processed as required by statute and specified above.
EXHIBIT
MINUTES
Form 7.10
Minutes of Public Meeting
Sections 7.8.1 and 7.8.2
MINUTES OF PUBLIC MEETING OF THE
[NAME OF PUBLIC BODY] OF MEETING HELD [DATE]
A public meeting of the [name of public body] was convened on [date, time, and exact location]. Present at the meeting were the following members of the [name of public body]: [names of members present]. Absent were: [names of members absent]. The following matters were discussed, considered, and decided at the meeting:
Dated this _________ day of ___________________________, 20____.
___________________________________
[name of public body]
By_________________________________
[authorized signature]
EXHIBIT
MINUTES
Form 7.11
Minutes of Executive Session
Sections 7.8.1, 7.8.3
MINUTES OF EXECUTIVE SESSION OF THE
[NAME OF PUBLIC BODY] HELD [DATE]
An executive session of the [name of public body] was convened on [date, time, and exact location]. The [name of public body] voted to go into executive session at a public meeting on [date, time, and exact location]. Present at the executive session were the following members of the [name of public body]: [names of members present]. Absent were: [names of members absent]. Also attending the executive session were: [names of those present including the reasons for their presence, for example, attorney for the public body, etc.]
The following matters were discussed and considered at the meeting:
Dated this _________ day of ___________________________, 20____.
___________________________________
[name of public body]
By_________________________________
[authorized signature]
All regular and special meetings of the Board shall be open to the public.
The Board invites the viewpoints of citizens throughout the District, and considers the responsible presentation of these viewpoints vital to the efficient operation of the District. The Board also recognizes its responsibility for the proper governance of the schools and therefore the need to conduct its business in an orderly and efficient manner. The Board therefore establishes the following procedures to receive input from citizens of the District:
A. Any individual desiring to address the Board shall complete a form (Request to Address Board) and give this form to the Superintendent prior to the start of the Board meeting.
B. The Board President shall be responsible for recognizing speakers, maintaining proper order, and adhering to any time limit set. Questions requiring investigation shall be referred to the Superintendent for later report to the Board. Questions or comments on matters that are currently under legal review will not receive a response.
C. If considered necessary, the President shall set a time limit on the length of the comment period. In order to ensure that each individual has an opportunity to address the Board, the President may also set a time limit for individual speakers.
D. Personal attacks upon Board members, staff personnel, or other persons in attendance or absent by individuals who address the Board are discouraged. Presenters are cautioned that statements or representations concerning others that convey an unjustly unfavorable impression may subject the presenter to civil action for defamation. Policies KE, KEB, KEC, and KED are provided by the Board for disposition of legitimate complaints, including those involving individuals. Upon conclusion of the open call to the public, individual members of the Board may respond to any criticism made by an individual who has addressed the Board.
The Superintendent shall ensure that a copy of this policy is posted at the entrance to the Board meeting room, and that an adequate supply of forms is available.
Adopted: December 13, 2016date of Manual adoption
LEGAL REF.:
A.R.S.
38-431.01
CROSS REF.:
BDB - Board Officers
BHC - Board Communications with Staff Members
BHD - Board Communications with the Public
KEB - Public Concerns/Complaints about Personnel
EXHIBIT
PUBLIC PARTICIPATION AT
BOARD MEETINGS
REQUEST TO ADDRESS BOARD
I request permission to address the Governing Board on the following item on the agenda:
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
_________________ ____________________________________________
(Date) (Name and Telephone Number)
____________________________________________
(Street Address)
____________________________________________
(City) (State) (Zip)
____________________________________________
(E-mail Address)
____________________________________________
(Representing)
Local news media representatives shall be welcome to attend all regular or special meetings of the Board with the exception of executive sessions. In the event that representatives of the news media are unable to attend a regular or special meeting, the Superintendent may provide a periodic summary of Board actions.
Adopted: date of
manualManual adoption
It is the intent of the Board to adopt policies so that they may serve as guidelines for its own operations and for the successful and efficient functioning of the District.
Policy adoption is one of the Board's chief responsibilities. Suggestions regarding the content of policies may originate with a member of the Board, the Superintendent, a staff member, a parent, a student, a consultant, a civic group, or any resident of the District. A careful and orderly process shall be used in examining such proposals. The policy proposals shall be referred to the administration for detailed study prior to recommendation(s) being provided to the Board. The Board may take action in accordance with Policy BGB after hearing the Superintendent's recommendations.
The policies of the Board are framed and intended to be interpreted within the context of applicable laws and regulations.
Changes in needs, conditions, purposes, and objectives may require revisions, deletions, and additions to the policies. The District will welcome suggestions for ongoing policy review and revision.
Adopted: date of
manualManual adoption
Adoption of new policies or the revision or repeal of existing policies is the responsibility of the Board. The Board shall adhere to the following procedure in considering and adopting policy proposals to ensure that they are fully studied before final action:
● First A. First meeting - the proposal shall be presented for review.
● Second B. Second meeting - the proposal shall be presented for discussion and action.
During discussion of a policy proposal, the views of the public, staff members, and the Board may result in changes. A change shall not require that the policy go through an additional review except as the Board determines that the change requires further study and that an additional review would be desirable.
Policies may be adopted or amended at a single meeting of the Board in a Board-declared emergency.
Adopted: date of
manualManual adoption
In an effort to keep its written policies up to date so they may be used consistently as a basis for Board action and administrative decision, the Board authorizes the Superintendent to seek consulting assistance from a source that provides such services. The District shall rely on the consulting service in conjunction with the functioning of the District as indicated by reactions of the school staff, the students, and the community to provide insight into the effect of the policies it has adopted. The Superintendent shall develop procedures to permit the District to utilize the policy consulting service in a manner that assures maximization of the District's return on its investment in the service.
The Superintendent is responsible for calling to the Board's attention policies that are out of date or in need of revision.
Adopted: date of
manualManual adoption
CROSS REF.:
BGE - Policy Communication/Feedback
REGULATION
POLICY REVISION AND REVIEW
The District is a subscriber to the Policy Services Program of the Arizona School Boards Association (ASBA). This service will assist the District in the amendment of District policies or in the adoption of new policies originated by the District.
The procedure listed below will be followed to ensure the expeditious review and consideration of policy updates received from the ASBA Policy Services Program and all newly proposed policies:
●A. A master file of policy updates (Policy Services Advisories) will be kept by the Superintendent.
● UponB. Upon receipt, a copy of each update will be forwarded to the appropriate member(s) of the Superintendent'
s staffs staff.
● TheC. The designated staff member may review and evaluate the update and recommend action to
the Superintendentthe Superintendent, including any proposed changes needed to adapt the update to specific
circumstances withincircumstances within the District.
● IfD. If changes or new policies are recommended, the Superintendent will send a copy of the update to
ASBA PolicyASBA Policy Services for review or contact ASBA Policy Services by phone to discuss the proposed changes.
● FollowingE. Following review by ASBA Policy Services, the updated policy or any newly proposed policies will be
placed onplaced on the Board agenda for a first review by the Board.
● FollowingF. Following the first review, if any proposals are made for further changes, such changes will be sent to
ASBA PolicyASBA Policy Services for review or discussed with them by phone.
● IfG. If no changes are proposed, or after any such proposed changes have been reviewed by ASBA
Policy ServicesPolicy Services, the updated policy will be placed on the Board agenda a second time for action by the Board.
● FollowingH. Following adoption by the Board, the Superintendent will send a copy of the adopted policy and the date
of adoptionof adoption to ASBA Policy Services.
● ASBAI. ASBA Policy Services will produce the final adopted copy of the policy and return the final copy to the District.
● TheJ. The Superintendent will reproduce sufficient copies of the new policy, as received from ASBA Policy Services,
andand forward a copy to each person who is assigned a policy manual, with instructions as to how it is to
be incorporatedbe incorporated into the policy manual.
The Superintendent has the responsibility for carrying out, through administrative regulations, the policies established by the Board. The administrative regulations shall specify required actions and reflect the detailed arrangement under which the District will be operated.
Before issuance, regulations shall be properly titled and coded in conformance with the policy classification system selected by the Board.
The Board reserves the right to review all administrative regulations. The Superintendent shall provide a copy of each District regulation to each Board member prior to distribution.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-321
The Superintendent shall develop procedures to ensure that employees, patrons, and Board members shall have access to a current policy manual that contains the policies and administrative regulations of the District.
The manual is intended both as a tool for District management and as a source of information to patrons, staff members, and others about how the District operates. To that end, each Board member and administrator shall have ready access to a copy of the manual. In addition, a manual shall be available at such places as the Superintendent may determine for use by staff members, students, and patrons.
Each administrative regulation shall be so designated and included in the manual on a separate sheet(s) accompanying the policy with which it is associated.
All policy manuals shall remain the property of the District and shall be subject to recall at any time.
The Board's policy manual shall be considered a public record and shall be open for inspection during regular business hours at the District administration office and at places designated by the Superintendent.
The master copy of the manual will be securely maintained in the Superintendent's office. It is this copy that will be used to resolve any discrepancies in language existing in other copies.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-341
REGULATION
POLICY COMMUNICATION / FEEDBACK
Each person to whom a policy manual is issued will be responsible for the maintenance, control, and updating of the manual.
All changes to the policy manual will be issued by the Superintendent, with a change memorandum listing codes, pages to be removed, and pages to be inserted. After making the changes, a copy of the change memorandum shall be filed by the Superintendent. After the updated pages have been placed into a policy manual, the outdated pages that have been superseded must be removed and destroyed. All policy manuals are subject to recall and/or inspection at any time to ensure that they are properly updated.
The master copy of the policy manual shall be maintained by the Superintendent. It is this copy that shall be used to resolve any discrepancies in language existing in other copies.
The Superintendent will maintain one (1) copy of all outdated pages for historical and reference purposes.
LEGAL REF.:
Uniform System of Financial Records
The operation of any section or sections of Board policies not established and required by law or vested by contract may be temporarily or permanently suspended by a majority vote of Board members present at a regular or special meeting. An action under this policy would not require the two (2) presentations indicated in Policy BGB (Policy Adoption) to reinstate a suspended policy.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-321
Official communication between the Board and employees will occur as follows:
● AnA. An employee will first communicate on school- or employment-related matters at the administrative level.
Any employeeAny employee who exhausts the opportunity of discussing a matter at the various administrative levels may
then communicatethen communicate in writing with the Board on the matter. No anonymous communication will be considered
by theby the Board.
● AnyB. Any employee who wishes to address the Board in the employee's capacity as a parent, District resident,
or individualor individual, rather than as an employee, may do so by following the procedures in Policies BEDH and BHD.
● OfficialC. Official communications, policies, directives, Board concerns, and Board action(s), as appropriate, will
be communicatedbe communicated to employees by the Superintendent.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-321
15-341
38-431.01
38-431.02
CROSS REF.:
BEDH - Public Participation at Board Meetings
EXHIBIT
POLICY COMMUNICATION / FEEDBACK
CHANGE MEMORANDUM
DATE: _____________________________
TO: All holders of policy manuals
RE: District policy manual changes, additions, or deletions
Please make the following changes in your policy manual. It is important that this be accomplished immediately so that your manual contains only current policies.
take out these old policies, put in these new policies,
regulations (-R), regulations (-R),
or exhibits (-E): or exhibits (-E):
_______________________________ _______________________________
_______________________________ _______________________________
_______________________________ _______________________________
_______________________________ _______________________________
_______________________________ _______________________________
_______________________________ _______________________________
_______________________________ _______________________________
_______________________________ _______________________________
_______________________________ _______________________________
_______________________________ _______________________________
_______________________________ _______________________________
_______________________________ _______________________________
As soon as the changes to your copy of the manual are accomplished, please date, sign, and return this memorandum.
______________________________________ ________________________
Signature Date
Official communication between the Board and the community is subject to the following:
● AnyA. Any community member who exhausts the opportunity of discussing a matter at the administrative level
may communicatemay communicate with the Board in writing. No anonymous communication will be considered by the Board.
● AB. A member of the community who wishes to address the Board in person may do so by following
the proceduresthe procedures in Policy BEDH.
● OfficialC. Official communications, policies, Board concerns, and Board action, as appropriate, will be imparted to
the communitythe community by the Superintendent.
Adopted: date of
manualManual adoption
CROSS REF.:
BEDH - Public Participation at Board Meetings
A member-elect - or any person designated for appointment as a member-elect - of the Board is to be afforded the Board's and the staff's fullest measures of courtesy and cooperation. The Board and staff shall make every effort to assist the member-elect to become fully informed about the Board's functions, policies, procedures, and problems.
In the interim between election or appointment and actually assuming office, the member-elect shall be invited to attend appropriate meetings and functions of the Board and is to receive appropriate reports and communications normally sent to Board members.
The member-elect is to be provided access to appropriate publications and aids, including the Board's Policy Manual and Administrative Regulations and publications of the state and national school boards associations.
The Board President and members of the administrative staff will also confer with the member-elect as necessary on special problems or concerns.
Board members-elect will be encouraged to attend meetings or workshops specifically designed for Board members-elect. Their expenses at these meetings may be reimbursed by the District in accordance with law.
Adopted: date of
manualManual adoption
Governing Board members are encouraged to attend workshops presented by the county, state, and national school boards associations. Professional journals and books in the school libraries shall be available to every Board member.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-342
In keeping with the need for continuing in-service training and development for its members, the Board encourages the participation of all members at appropriate Board conferences, workshops, and conventions. However, in order to control the investment of time and funds necessary to implement this policy, the Board establishes these principles and procedures for its guidance:
● TheA. The Board will periodically decide which meetings appear to be most promising in terms of producing
direct anddirect and indirect benefits to the District.
● FundsB. Funds for participation at such meetings will be budgeted on an annual basis. When funds are limited,
the Boardthe Board will designate which of its members would be the most appropriate to participate at a given meeting.
WithWith the prior approval of the Board, Board members may participate in meetings other than those
authorized inauthorized in the budget.
● WhenC. When a conference, convention, or workshop is not attended by the full Board, those who do participate
will bewill be requested to share information, recommendations, and material acquired at the meeting.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-342
CROSS REF.:
DKC - Expense Authorization/Reimbursement
Board members may be reimbursed for expenses incurred in connection with any school business authorized by the Board.
Reimbursement amounts shall not exceed the maximum amounts established pursuant to A.R.S. 38-624.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-342
38-621
38-622
38-623
38-624
38-625
CROSS REF.:
DKC - Expense Authorization/Reimbursement
General
Pursuant to statute, Governing Board members are immune from personal liability with respect to all acts done and actions taken in good faith within the scope of their authority during duly constituted regular and special meetings. However, the Governing Board may procure insurance or may establish a self-insurance program for the management and administration of a system for direct payment of benefits, losses, or claims, or any combination of insurance and direct payments, including risk-management consultation, to provide payment of any property loss sustained or lawful claim of liability or fortuitous loss made against the District or its employees or officers, if the employees or officers are acting in the scope of their employment or authority.
The District shall secure general liability, property damage, and workers' compensation insurance coverage, and shall secure performance and payments bonds for all construction projects.
Participation in Group Insurance
Plans of the District
Governing Board members and their dependents are eligible to participate in health, accident, life, or disability insurance plans made available to employees of the District if the Board members pay the full premiums associated with such coverage and participation of the members and their dependents does not result in an expenditure of District monies.
Former Board members, their spouses, dependents, and surviving spouses or dependents of Board members or former Board members may continue to participate in the health, accident, life, or disability insurance benefits provided to employees of the District if the following conditions are met:
● Former A. Former Board members must have served at least four (4) consecutive years on the Board, must have been covered been covered under the insurance plan while serving as Board members, and must pay the full premiums for the insurance the insurance coverage. Such participation must not result in an expenditure of District monies.
● The B. The spouse and dependents of a Board member or former Board member may continue participation in the insurance the insurance plan if they pay the full premium for the insurance coverage and their participation does not result in any result in any expenditure of District monies.
● For C. For a surviving spouse or dependents of a Board member or former Board member to be eligible for continued coveragefor continued coverage, the deceased Board member or former Board member must have served four (4) consecutive years consecutive years and have been covered under the insurance plan while serving on the Board.
● The D. The surviving spouse and/or dependents of a deceased Board member who was eligible for coverage while in office in office will be eligible for continued coverage.
Adopted: date of
manualManual adoption
The Board will participate in legislative programs through conferences with the state and national school boards associations.
The Board authorizes the Superintendent to actively participate in the development of legislation that has a positive effect on educational programs of the District.
Adopted: date of
manualManual adoption
The Board may choose to be a member of and participate in school boards associations at the state, county, regional, and national levels. The Superintendent will ensure that the subject of school boards association membership is addressed during budget preparation.
The District shall not spend monies for memberships in an association that attempts to influence the outcome of an election, as determined by state and federal law.
Adopted: October 25, 2011date of Manual adoption
In addition to informational liaison between itself and the various school boards associations, the Board may shall be officially represented in the associations' affairs through the election and appointment of delegates and/or observers to the governing bodies of these organizations.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-342
The District administration is responsible, within the guidelines established by Board policy, for the direction and coordination of students and staff members in their efforts to reach educational goals adopted by the Board.
The Board expects the administration to specialize in:
● The A. the processes of decision making and communication.● Planning;
B. planning, organizing, implementing, and evaluating educational programs.● The ;
C. the demonstration of educational leadership.● The ;
D. the development and maintenance of close working relationships and channels of communication within the District within the District and the community.● The prevention ;
E. the minimization of misunderstandings and development of cooperation toward attaining the educational goals adopted by the Board.● The ; and
F. the development of cooperation toward attaining the educational goals adopted by the Board.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-321
The Board shall employ a Superintendent, who shall enforce the statutes and rules of the state of Arizona and the federeal federal government, and the policies of the Governing Board of the District.
The administration of the school system in all aspects is the responsibility of the Superintendent, whose functions shall be carried out in accordance with the policies of the Board.
The Superintendent may establish regulations for the administration of the District that are in compliance with applicable statutes or regulations of the State Board of Education Arizona Administrative Code and the policies of the Governing Board. These regulations are binding on the employees of this District and students in the schools.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-503
(Performance Responsibilities)
The Superintendent shall have appropriate qualifications as determined by the Governing Board by action taken at a public meeting.
The Superintendent shall supervise, either directly or through delegation, all activities and all personnel of the school system according to the laws of the state of Arizona, rules of the Arizona State Board of Education, and adopted policies of the Governing Board.
The Superintendent is the District's chief executive officer and the administrative head of all divisions and departments of the school system. It is the Superintendent's duty to administer the policies of the Board and to provide leadership for the entire school system. The Superintendent is the professional consultant to the Board and, in this capacity, makes recommendations to the Board for changes in Board policies and the educational program.
The Superintendent provides the initiative and the technical guidance for the improvement of the total program of the school system. The delegation of authority for the operation of the various functions of the school system is one of the Superintendent's duties. The Superintendent is, however, responsible to the Board for all functions of the District, including those listed below.
Education:
● Administers A. Administers the development, coordination, maintenance, and evaluation of the educational program, including including the special education program.
● Supervises B. Supervises methods of teaching, supervision, and administration in effect in the schools.
● Keeps C. Keeps informed of modern educational thought and practices by advanced study, by visiting school systems elsewheresystems elsewhere, by attending educational conferences, and by other appropriate means.
● Keeps D. Keeps the public informed about modern education practices, educational trends, and the policies, practices, and and problems in the District schools.
Management:
● Ensures A. Ensures that all activities of the District are conducted in accordance with the laws of the state of Arizona, the regulations the regulations of the Arizona Board of Education, and the policies of the Governing Board.
● Assumes B. Assumes responsibility for the overall financial planning of the District and for the preparation of the annual budgetannual budget, and submits it to the Board for review and approval.
● Establishes C. Establishes and maintains efficient procedures and effective controls for all expenditures of school funds in accordance in accordance with the adopted budget, subject to direction and approval of the Board.
● Maintains D. Maintains or has maintained adequate records for the schools, including, but not limited to:
■ financial 1. financial accounts,
■ business 2. business and property records,■ personnel
3. personnel,
■ school 4. school population,
■ student 5. student records including verifiable documentation of each student’s student's residency in this state in accordance in accordance with guidelines and forms adopted by the Arizona Department of Education, and
■ scholastic 6. scholastic records.
● Provides E. Provides suitable instructions and regulations to govern the maintenance of District properties.
● Provides F. Provides suitable instructions and regulations to govern the safety and transportation of students.
● Assumes G. Assumes responsibility for the use of buildings and grounds.
● Recommends H. Recommends the locations and sizes of new school sites and of additions to existing sites; the locations and locations and sizes of new buildings; the plans for new school buildings; all appropriations for sites and buildings; and and improvements, alterations, and changes in the buildings and equipment of the District.
● I. Oversees the processing and submission of required reports.
● J. Interprets the budget and finances to the community.
● Remains K. Remains current on new legislation and implements laws to the best advantage of the District.
Governing Board:
● Attends A. Attends and participates in all meetings of the Board and its committees, except when excused by the Board.
● Takes B. Takes prompt action to implement all directives of the Board.
● Advises C. Advises the Board on the need for new and/or revised policies.
● Provides D. Provides timely advice to the Board on the implication of changes in statutes or regulations affecting educationaffecting education.
● Informs E. Informs and advises the Board about programs, practices, and problems of the schools, and keeps the Board informed Board informed of the activities operating under the Board's authority.
● Prepares F. Prepares and submits to the Board recommendations relative to all matters requiring Board action, placing before placing before the Board such facts, objective information, and reports as are needed to ensure the making of informed of informed decisions.
● Develops G. Develops and implements rules and regulations in keeping with Board policy.
● Acts H. Acts as chief public relations agent for the District.
● Acts I. Acts on own discretion if action is necessary in any matter not covered by Board policy, reports such action to the to the Board as soon as practicable, and recommends policy guidance in the future.
Personnel:
● Recommends A. Recommends to the Board the appointment or dismissal of all employees of the District.
● Ensures B. Ensures that all employees are evaluated in accordance with the schedule established by the Board.
● Determines C. Determines assignments, defines the duties, and coordinates and directs the work of all employees of the Districtthe District.
● Recommends D. Recommends all promotions, demotions, and salary changes to the Board.
● Communicates E. Communicates to all employees all actions of the Board relating to personnel matters, and receives from employees from employees all communications to be made to the Board.
The Superintendent shall have a valid fingerprint card issued pursuant to A.R.S. 41-1758.03.
Adopted: October 25, 2011date of Manual adoption
LEGAL REF.:
A.R.S.
15-503
15-802
38-201
41-1758
A.A.C.
R7-2-603
CROSS REF.:
CBI - Evaluation of Superintendent
EXHIBIT
EVALUATION OF SUPERINTENDENT
Evaluation Rating Symbols
O = Outstanding; S = Satisfactory; N = Needs Improvement;
U = Unsatisfactory; X = Not Observed
Note: Any rating of outstanding, needs improvement, or unsatisfactory requires the evaluator to list specific information in the Comments section that justifies and supports such rating.
A. Education
|
Comments regarding Section A:
B. Management
|
Comments regarding Section B:
C. Governing Board
|
Comments regarding Section C:
D. Personnel
|
Comments regarding Section D:
Summary:
The Governing Board delegates to the Superintendent, among other powers, the authority to perform the following acts:
● To A. To give notice to teachers, pursuant to A.R.S. 15-536, of the Board's intention not to offer a teaching contract.
● To B. To give notice to teachers, pursuant to A.R.S. 15-538.01, of the Board's intention not to offer a teaching contract teaching contract and to dismiss the teacher.
● To C. To give notice to an administrator or certificated school psychologist, pursuant to A.R.S. 15-503, of the Boardthe Board's intention not to offer a new contract.
● To D. To issue to teachers, pursuant to A.R.S. 15-536, 15-538, and 15-539, written preliminary notices of inadequacy of inadequacy of classroom performance, reporting such issuance to the Governing Board within ten ten (10) school days.
Adopted: January 14, 2014date of Manual adoption
The Governing Board shall evaluate the Superintendent at least once each year.
The evaluation(s) shall relate to the Superintendent's duties, responsibilities, and progress toward established goals.
The Superintendent shall provide each member of the Board a copy of the evaluation instrument not later than November 10. The Board President shall schedule a meeting not later than December 18, when the Board will devote an executive session to the evaluation of the Superintendent's performance, to discuss working relationships between the Superintendent and the Board, and to review the Superintendent's contract (with the Superintendent present). If the Superintendent's contract is in its first year, this initial evaluation will not be a comprehensive evaluation, but will be used to allow the Board to communicate its perspective on the Superintendent's performance to date and to allow the Board and the Superintendent to communicate on performance matters. Additional first-year evaluations may be completed by the Board at the Board's discretion , or upon invitation by the Superintendent or as noted in ; however, the first fully comprehensive evaluation will be that which occurs in November of the Superintendent's contract. Evaluations must be completed by March 31 of each calendar second year.
Any meetings of the Board to compile evaluations, or meetings to discuss the evaluation of evaluations with the Superintendent, shall be held in executive session unless the Superintendent requests that any such meeting be held in open session. Board members shall have the opportunity to discuss with the Superintendent any item(s) on which the Board member fails to achieve consensus.
A copy of a any written evaluation , if one is prepared, shall be given to the Superintendent. If in disagreement with such evaluation, the Superintendent may respond in writing within ten (10) working days to the Governing Board.
Upon the conclusion of the evaluation process, the Governing Board may determine whether any changes in the compensation and benefits or contract terms term of the Superintendent are warranted, subject to the following:
If the Superintendent's contract with the School District is for multiple years, the School District shall not offer to extend or renegotiate the contract until May of the year preceding the final year of the contract. If the Superintendent's contract with the School District is for more than one (1) year, but not exceeding three (3) years, no earlier than fifteen (15) months before the expiration of the contract, the Board shall offer a contract for the next school year to the Superintendent unless on or before April 15 the Board gives notice to the Superintendent of the Board's intention not to offer a new administrative contract.
If the Superintendent's contract with the School District is for a single year, on or before May 15 of each year the Board shall offer a contract for the next school year to the Superintendent unless on or before April 15 the Board gives notice to the Superintendent of the Board's intention not to offer a new administrative contract; this contract may or may not be for the position of Superintendent.
The evaluation , if one is prepared, and any comments by the Superintendent , shall become a part of the Superintendent's personnel file.
Adopted: January 14, 2014date of Manual adoption
LEGAL REF.:
A.R.S.
15-503
CROSS REF.:
CBA - Qualifications and Duties of the Superintendent
Unless otherwise specifically limited by statute or Board action, any of the powers and duties specifically assigned to the Superintendent may be delegated to others serving under the Superintendent. However, the Superintendent shall continue to be responsible to the Board for the satisfactory execution of the delegated power and duties.
Lines of authority shall be clearly outlined by the Superintendent by means of organization charts, job descriptions, and administrative regulations and directives.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-353
REGULATION
LINE AND STAFF RELATIONS
(School Building Administration)
The primary duty of a principal is to administer and supervise the instructional program. A principal, as the educational leader of the school, will administer and supervise the school in accordance with policies and administrative regulations of the District.
A principal will be directly responsible to and will report only to the Superintendent and will keep the Superintendent informed of the conditions and needs of the school. All duties, authority, and responsibilities of the principal will be delegated only by the Superintendent. These duties include, but are not limited to, the following:
● A. A principal is responsible for the operation of the educational program of the school.
● A B. A principal is responsible for the supervision and evaluation of the building staff members.
● A C. A principal will maintain discipline on the part of personnel and students.
● A D. A principal will care for and protect the building, the equipment, the grounds, and other school property.
● A E. A principal will maintain school records and prepare reports.
● A F. A principal will take reasonable precautions to safeguard the health and welfare of students and staff membersstaff members, will report accidents, will formulate plans for emergencies, and will conduct evacuation drills evacuation drills each school month and keep written records of such drills.
● A G. A principal will be responsible for maintaining a close relationship with the community and should interpret the educational the educational program to the citizens of the District.
● A H. A principal will, by advanced study, by visits to school systems in other areas, by attendance at educational conferenceseducational conferences, and by other means remain well informed relative to modern educational thought and practice.
● A I. A principal will distribute a parental satisfaction survey to the parent of every child enrolled at the school, pursuant pursuant to A.R.S. 15-353.
The Board authorizes the Superintendent to establish advisory councils, cabinets, and committees when deemed necessary for proper administration of Board policies and for the improvement of the total educational program. All cabinets, councils, and committees created by the Superintendent shall be for the purpose of obtaining to a maximum degree the advice and counsel of the personnel, clients, and patrons of the District.
The number, composition, and work to be done by such cabinets, councils, and committees shall be defined by the Superintendent.
Adopted: date of
manualManual adoption
REGULATION
SCHOOL - BASED MANAGEMENT
(School Councils)
The District endorses shared decision making contingent upon a school council fulfilling the following elements:
A. Curricular and instructional implementation strategies/designs must fulfill the mission statement and adopted beliefs of the District.
B. The school council should carefully follow the processes, including brainstorming, consensus building, and pyramiding. This is "vision" creation, as opposed to a problem-solving process.
C. The school council must fully analyze and explore current resources and assess options for reaching their vision of excellence.
D. The school council, with approval by the principal, will, at scheduled intervals, monitor and evaluate implementation based on a written evaluation plan. The evaluation plan must include some demonstrably valid, quantifiable measures of progress.
Role and Responsibility of
the School Council
The council:
A. Is advisory to the school administrative staff.
B. Is a representative group that solicits input from parents, community, and staff members.
C. Reviews literature and data.
D. Makes recommendations for school improvement.
E. Monitors implementation structure for new instructional designs.
F. Provides local leadership and representation in the school decision-making structure.
There may be a tendency for a school council to lose its understanding of extended ownership to groups affected by its decisions, and, in effect, become a new local bureaucracy. To avoid this result, employees must be aware and remind one another that the movement to shared decision making at the school level is not for the purpose of creating new, smaller bureaucracies to replace a larger bureaucracy, but, rather, a movement to involve all constituencies in fulfilling the mission and beliefs of the District.
Proposal Outline
Shared-decision-making proposals are for the purpose of creating new and effective curricular and instructional strategies/designs and increasing student learning. All proposals shall be submitted to the principal and shall, as nearly as possible, follow the outline identified below.
Shared decision making - curricular and/or instructional strategy/design plan process - proposal requirements:
A. Documentation that the new curricular and instructional design was developed in conjunction with parents, students, teachers, and support personnel.
B. Documentation of parent, student, teacher, and support staff support of the program.
C. Proposal development:
1. Needs assessment.
2. Goals.
3. Measurable performance objectives.
4. Proposal implementation (activities):
a. Staffing.
b. Materials, supplies, equipment.
c. Facilities.
d. Staff training.
e. Support services.
5. Time line (calendar of events).
6. Evaluation design.
7. Budget.
D. Statement(s) of assurances that the proposal is:
1. To increase the efficiency and effectiveness of the school.
2. To increase academic achievement for "all" students.
E. Provision of a dissemination plan.
F. Provision of a monitoring plan.
Conflict Resolution
If a school council's curricular and/or instructional strategy/design plan conflicts with an existing Board-approved program or policy, the following steps can be taken:
A. The school council shall attempt to design an alternative plan that arrives at the same intended outcomes without violation or conflict with the Board-approved program or policy.
B. If this cannot be accomplished, the school council may request a waiver for a strategy/design plan that conflicts with existing Board-approved programs or policies.
C. If a plan requires waivers, it must be approved by the principal and brought to the Superintendent for approval and possible submission to the Board.
D. Waivers may be granted for temporary and specific periods of time and will be evaluated in light of the plan's ability to better implement the mission statement and adopted beliefs of the District.
Requests for Additional Authority
Additional responsibilities and authority may be delegated to a school council if deemed necessary by the Board. The school council may request additional authority to accomplish delegated responsibilities by submitting a written proposal to the Superintendent, which must contain the elements identified below.
A. The principal's statement of support.
B. Motion of the council to request additional authority and vote count.
C. Specific authority requested and reason for request, analyzing how the request will improve the program for all children.
D. Possible impact of additional authority on personnel use and cost of programs to be improved.
E. Suggested date of termination of authority unless reapproved by the Governing Board.
REGULATION
ADMINISTRATIVE COUNCILS, CABINETS,
AND COMMITTEES
(Administrative Cabinet)
The administrative cabinet shall consist of the Superintendent, assistant superintendents, business manager, director of personnel, and Board secretary. The cabinet will meet at least weekly for the purpose of discussing all aspects of the operation of the District.
It is the responsibility of the cabinet members to keep the Superintendent informed as to the areas of concern and interest to the operation of the District and to recommend items for action by the Superintendent.
(School /Work Site Councils)
The Board authorizes the establishment of a site council at each work site. The site council shall follow regulations promulgated by the Board. A chairperson shall be elected by a majority of the site council. This position shall be open to any member of the site council. At school sites where no chairperson is elected by a majority, the principal shall serve in that capacity. The authority extended to the site council(s) is to develop strategy/design models that promote the District mission/goals statement.
Purpose
Each site council shall strive to make decisions in the most inclusive manner possible, with the goals of improving student performance, communication, and using human and fiscal resources more efficiently in order to drive positive change.
Strategies/designs that result from such shared decision making are limited only by the requirements that they be consistent with and fulfill the mission/goals statements, beliefs, adopted Board policies of the District, and the shared decision making anchor document, and comply with the laws and regulations of the state of Arizona and the United States.
Role and Responsibility of
the School Site Council
The council:
● is advisory to the school administrative staff.
● is a representative group that solicits input from parents, community and staff members.
● reviews literature and data when requested.
● makes recommendations for school improvement.
● provides local leadership and representation in the school decision-making structure.
Decision-Making Parameters
The decision-making parameters are as follows:
● Budget. The council shall allocate the funds raised through site-wide activities for the benefit of the entire site not those associated or raised by other entities within the school.
The site council shall allocate undesignated tax credit funds according to the state statutes for distribution of these funds.
● Curriculum. Within the context of District academic goals, state standards, other state laws or guidelines, and Board policy.
● Staffing. If invited by the principal, a representative of the site council may sit on hiring committees specific to their site.
● Community/parent relations. At the request of the principal, site councils may assist with communication with parents and community members within the school attendance area. Site councils are asked to ensure the highest possible level of participation by parents and community members in school activities and decision making.
● School improvement. Site councils will review and provide input in the development of school improvement plans. The site council shall ensure that the voices of all stakeholders are heard in the process of creating and revising the school improvement plan. Site councils shall support the schools efforts to improve student achievement and enhance the school community.
● Programs/pilots. At the request of the principal, site councils may participate in program and pilot program review. Councils may participate in establishing quality measures to evaluate all pilots or existing programs.
This shared decision making shall not supersede Board/Superintendent decision-making responsibilities unless waived by the Board.
Membership
The site council at each school shall take into consideration the ethnic composition of the local community and ideally shall be composed of:
● Two (2) or more parents or guardians of students enrolled in the school who are not employed by the District in the school of proposed membership.
● Two (2) or more teachers and other certificated personnel.
● One (1) or more noncertificated employee(s).
● One (1) community member.
● One (1) or more students if the school is a high school.
● The principal of the school.
Initially, each of the above site council members shall be selected in the manner and by the procedure specified in A.R.S. 15-351. The school council shall then adopt written guidelines that specify the number of school council members and the methods for the selection of the school council members. Thereafter, representatives shall be selected by their groups in the manner determined. The combination of teachers and parents will constitute a majority of the council. The principal will serve as chairperson of the school council unless another person is elected by a majority of the school council members.
Nonschool sites. Composition is to be determined by the site.
Site councils shall not create or enact any policies that do not meet or that are in conflict with existing District policies.
Adopted: June 25, 2013, having only one (1) school or fewer than six hundred (600) students, is not required under Arizona statutes to have a program of school-based management as outlined in Arizona statutes, and the Governing Board elects not to have such a program.
Adopted: date of Manual adoption
LEGAL REF.:
A.R.S.
15-351
15-352
15-353
A.G.O.
I99-01843-1089.01
CROSS REF.:
BDD - Board-Superintendent Relationship
CCB - Line and Staff Relations
REGULATION
ADMINISTRATIVE COUNCILS, CABINETS,
AND COMMITTEES
(Administrative Council)
The administrative council shall consist of the members of the administrative cabinet; all elementary, middle, and high school principals; and an appointed representative of the supervisors/coordinator.
The council will meet at least twice each month to provide open communication on all phases of school operation to and from the Board, Superintendent's office, and each school within the District.
The council will consist of two (2) divisions:
● The elementary division (administrative cabinet and all elementary principals).
● The secondary division (administrative cabinet and all middle school and high school principals).
The Superintendent shall be the chief executive officer of the schools. Coordination and supervision of the central administrative functions are primary responsibilities of the Superintendent. As chief executive officer, the Superintendent shall have general responsibility for the school system and shall be responsible for the efficient operation of the system in all of its divisions.
EXHIBIT
SCHOOL - BASED MANAGEMENT
SCHOOL COUNCILS
Research has identified characteristics of effective schools. Such research makes it clear that the most influential unit of effective school change or improvement is the individual school demonstrating the following characteristics:
● Consensus A. Consensus on explicit instructional goals and beliefs (mission statement).
● DistrictB. District-level support for school improvement; Governing Board, administration, and staff commitment to commitment to current research and the District-adopted mission statement.
● Ongoing C. Ongoing staff development and training.
● High D. High level of parental involvement and support.
● Individual E. Individual school autonomy and flexibility in the development of new curricular and instructional designs.
● CollaborativeF. Collaborative, collegial instructional planning.
● A G. A focus on basic skills acquisition.
● An H. An emphasis upon higher-order cognitive skills.
● I. Teacher responsibility for effective instructional and classroom management decisions and practices.
● J. Teacher/parent accountability and acceptance of responsibility for student performances.
● A K. A safe, orderly, and disciplined school climate.
● Strong L. Strong instructional leadership.
● M. Frequent monitoring of student progress.
● Measurable N. Measurable student performance outcomes.
REGULATION
ADMINISTRATIVE COUNCILS, CABINETS,
AND COMMITTEES
(District Faculty Advisory Committee)
Building Representation
Each building or building unit shall be entitled to elect one (1) of its members to the District Faculty Advisory Committee. Buildings comprising more than twenty-five (25) certificated employees shall be entitled to elect one (1) additional representative.
Meeting Dates and Purpose
The District Faculty Advisory Committee shall meet at least monthly with the Superintendent to discuss such matters as it deems appropriate. The Superintendent shall also inform the committee of such matters as he deems appropriate. Procedures or agendas of such meetings shall be determined so as to encourage the full and frank discussion of areas of concern and to improve communication between the District administration and the teaching staff.
Membership on Committee
Membership on or election to the District Faculty Advisory Committee shall not be restricted to members of the Association and shall not exceed one (1) year's duration in an attempt to encourage and distribute participation by District teaching and administrative staff members.
Election to Committee
Elections to the District Faculty Advisory Committee shall be conducted by the faculty representative.
The Superintendent has the responsibility for carrying out, through administrative regulations, the policies established by the Board. The administrative regulations shall specify required actions and reflect the detailed arrangement under which the District will be operated.
The policies adopted by the Board and the administrative regulations developed to implement policy are designed to promote an effective and efficient school system. All employees and students shall comply with Board policies and administrative regulations.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-341
REGULATION
POLICY IMPLEMENTATION
Principals, directors, and others designated by the Superintendent shall establish procedures for conducting activities within their individual units that are consistent with administrative regulations and Board policies.
Curriculum guides, manuals, handbooks, pamphlets, and similar publications will be presented to the Superintendent for approval prior to publication. The Superintendent shall ensure that all such publications are consistent with Board policies and administrative regulations.
Similarly, newly revised materials shall be approved by the Superintendent before publication and distribution.
Copies of all such publications shall be provided to the Board.
Adopted: date of
manualManual adoption
REGULATION
HANDBOOKS AND DIRECTIVES
All curriculum guides, manuals, handbooks, pamphlets, and similar publications shall be reviewed by the principal or supervisor, and shall be forwarded to the Superintendent for approval prior to printing and distribution.
The Superintendent shall have the authority to implement action if a situation should develop that is not covered by established Board policy. It is the Superintendent's duty to inform the Board of any such action and of the need to develop an official policy.
Adopted:
datedate of
manualManual adoption
LEGAL REF.:
A.R.S.
15-321
Professional consultants from the Arizona School Boards Association, the Arizona Department of Education, universities, and colleges, as well as other resource persons, may be used when such consultive services will be helpful in the improvement of the instructional program. All consultants shall be approved by the Superintendent prior to the invitation and arrangement for such visitation.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-343
The Board shall make an annual report to the County School Superintendent on or before October 1 each year in the manner and form and on the forms prescribed by the Superintendent of Public Instruction or County School Superintendent. The Board shall also make reports directly to the County School Superintendent or the Superintendent of Public Instruction whenever required.
If the District has been assigned a letter grade of A pursuant to A.R.S. 15-241 during at least two (2) out of the last three (3) consecutive years and has not been assigned a letter grade of C, D, or F during the same three (3) years the District may receive exemptions from statutes and rules prescribed in statute. Should the District believe it qualifies for an exemption the District may submit a request for exemption to the Arizona State Board of Education. The State Board of Education shall review and may approve the exemption submitted by the District. The State Board of Education will not approve exemptions that directly apply to specific areas as noted in A.R.S. 15-215.
Guaranteed Energy Cost Saving
Contract Annual Reports
The District shall report to the School Facilities Board annually, not later than October 15, actual energy and cost savings pursuant to a guaranteed energy cost savings contract.
The District shall also report for any guaranteed energy cost savings contract to the Department of Commerce Energy Office and the School Facilities Board:
A. The name of the project
B. The qualified provider
C. The total cost of the project
D. The expected energy and cost savings
The District shall retain savings achieved by a guaranteed energy cost saving contract, which may be used to pay for contract and project implementation.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-341213.01
15-770215
15-341
15-904
CROSS REF.:
DBF - Budget Hearings and Reviews/Adoption Process
DIC - Financial Reports and Statements
The Governing Board recognizes that money and its management constitute the foundation of the entire school program. To make that support as effective as possible, the Board intends to:
● Encourage A. Encourage short- and long-range planning through the best possible budgeting procedures.
● Explore B. Explore all practical and legal sources of monetary income.
● Guide C. Guide the expenditure of funds to achieve the greatest educational returns.
● Require D. Require maximum efficiency in accounting and reporting procedures.● Maintain efficient procedures and effective controls over the expenditure of school funds through the operation of a business office under the supervision of the business manager
E. Maintain, within budget limits, a level of per-student expenditure needed to provide high-quality education.
Adopted: date of
manualManual adoption
The Superintendent is directed to formulate the annual budget, considering at all times that resources must be utilized to produce the most positive effect on the student's opportunity to gain an education.
The Superintendent shall be responsible for reviewing budgetary requests, providing guidelines and limitations, and presenting the proposed budgets and documentation necessary for Board study, review, and action.
The Governing Board shall be informed if the proposed budget could require an increase in the primary property tax levy of the District over the preceding year's tax levy.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-821
15-905
15-905.01
15-910
15-919
15-2201
Each school year the Superintendent shall prepare and disseminate a budget preparation schedule to accomplish all required budgetary actions for the following school year. This schedule will, as a minimum, provide specific dates for the accomplishment of all state-mandated actions.
Adopted: November 8, 2011date of Manual adoption
LEGAL REF.:
A.R.S.
15-481
15-824
15-905
15-905.01
15-952
15-991
CROSS REF.:
DBF - Budget Hearings and Reviews/Adoption Process
Priority objectives for fiscal management shall include:
● Achievement of the greatest educational returns and the maximum contribution to the educational program.
● The investment of idle funds as appropriate to achieve maximum return(s).
● Providing adequate, timely, and accurate financial reports for monitoring purposes, as well as meeting the information needs of the Board to support decision making.
Adopted: date of manual adoption
LEGAL REF.:
A.R.S.
15-996
15-1024
15-1025
41-1279.21
REGULATION
BUDGET PLANNING, PREPARATION,
AND SCHEDULES
The business manager will prepare a schedule of budget deadlines for presentation to the Superintendent each year. This schedule will cover all actions necessary to prepare the budget for the following school year.
The following items may be included in the recommended budget schedule:
● Specific A. Specific date for receipt of unit budgets from administrators.
● Date B. Date for initial meeting on the budget with appropriate staff members.
● DateC. Date(s) for student membership and attendance reports.
● DateD. Date(s) for estimates on the maintenance and operations and capital budgets.
● Date E. Date for completion of employee compensation consideration(s).
● Date F. Date for preparing financial projections for all categories and subcategories to be included in the proposed budgetproposed budget(s) for the ensuing fiscal year.
● Date G. Date for determining if the proposed budget(s) is (are) in excess of the District’s District's truth in taxation base limit limit [A.R.S. 15-905.01].
■ When 1. When the base limit will be exceeded a decision must be made whether to publish the truth in taxation notice taxation notice separately or in combination with the proposed budget or budget summary.
■ Either 2. Either publication procedure requires publication at least ten (10) days but not more than twenty (20) days days prior to the truth in taxation hearing.
■ The 3. The truth in taxation hearing may be held in conjunction with the proposed budget hearing.
● The H. The Governing Board shall not later than July 5 and not less than ten (10) days before:
■ Publish 1. Publish or mail to each household in the District a copy of the the proposed budget or a summary of the proposed the proposed budget for consideration of the residents or taxpayers of the District, and a notice of the public the public hearing and Board meeting.
■ Furnish 2. Furnish to the Superintendent of Public Instruction and County School Superintendent, in electronic formatelectronic format, the proposed budget and summary of proposed budget for the budget year.
■ Submit 3. Submit to the Department of Education the proposed budget which shall prominently display this information this information about the School District on the website maintained by the Department. If the School District School District maintains a website, the School District shall post a link to the website of the Department of Department of Education where this information about the School District is posted.
● I. The Governing Board shall not later than July 15 and not less than ten (10) days after posting or mailing the notice the notice of the public hearing and Board meeting:
■ Conduct 1. Conduct the public hearing and present the proposed budget to the persons attending the hearing, and
⇒ If a. If a truth in taxation hearing is required it must be conducted prior to the budget hearing.
■ Immediately 2. Immediately following the public hearing the President shall call the Governing Board meeting to order for order for the purpose of adopting the budget.
● J. Not later than July 18:
■ The 1. The adopted budget shall be filed by the Governing Board with the County School Superintendent (who shall who shall immediately transmit a copy to the Board of Supervisors).
■ The 2. The adopted budget shall be submitted electronically to the Superintendent of Public Instruction.
■ The 3. The adopted budget shall be submitted to the Department of Education. The Department shall prominently shall prominently display this information about the School District on the website maintained by the Departmentthe Department. If the School District maintains a website, the School District shall post a link to the website the website of the Department of Education where this information about the School District is posted.
● File K. File with the Superintendent of Public Instruction within thirty (30) days from the action date:
■ The publisher’s 1. The publisher's affidavit of publication confirming publication of the proposed budget, or
■ An 2. An affidavit affirming the proposed budget was mailed to each household in the School District, or
■ An 3. An affidavit noticing that the proposed budget was posted on the Department of Education website.
Override Election:
● DateA. Date(s) for override, if applicable.
● Date B. Date for budget hearing on following year's budget.
■ At 1. At least ninety (90) days before a proposed override election (first [1st] Tuesday following the first [1st] Monday Monday in November, order override election to present proposed override budget to electors. Must also Must also prepare alternate budget without override increase in event voters reject the proposed override budgetoverride budget.
■ At 2. At least thirty-five (35) days before override election, mail or distribute to households where qualified electors qualified electors reside the informational report prepared by County School Superintendent.
■ When 3. When a determination is made to cancel the override election, the request must be made to the County School County School Superintendent at least eighty (80) days before the override election date.
Annual Financial Report:
Not later than October 15 of each year the Governing Board shall:
● Prepare A. Prepare and distribute the annual financial report for the prior fiscal year.
● Electronically B. Electronically submit a copy of the financial report to the County School Superintendent. The report shall be approved shall be approved by the County Superintendent in an electronic procedure prescribed by the Department of Educationof Education.
● Electronically C. Electronically submit a copy of the financial report to the State Superintendent of Public Instruction.
● Submit D. Submit a copy of the annual financial report for the prior fiscal year to the Department of Education. The Department The Department shall prominently display this information about the School District on the website maintained by maintained by the Department. If the School District maintains a website, the School District shall post a link to the website the website of the Department of Education where this information about the School District is posted.
Not later than November 15 of each year the Governing Board shall publish the annual financial report:
● In A. In a newspaper of general circulation within the School District, or
● In B. In the official newspaper of the county as defined in A.R.S. 11-255, or
● By C. By mailing a copy to each household in the District, or
● By D. By electronic transmission of the information to the Department of Education for posting on the Department’s websiteDepartment's website, or
■ If the Board chooses this option the School District shall post a link on the District’s District's website to the report on report on the Department’s website.
All forms and technical requirements for each respective form shall be as prescribed in A.R.S. 15-904.
At least ten (10) days before and not later than July 5, the Governing Board shall publish notice of the public hearing and Board meeting to be held no later than July 15 to present the proposed budget for consideration of the residents or taxpayers of the District and shall submit the proposed budget to the Department of Education. The Department shall prominently display the budget information on the website maintained by the Department. If the District maintains a website, the District shall post a link to the website of the Department of Education where this information about the District is posted.
If a truth-in-taxation notice and hearing is required under A.R.S. 15-905.01, the Board may combine the budget notice and hearing with the truth-in-taxation notice and hearing.
The publishing of the proposed budget and notice of the hearing and meeting shall be in accordance with A.R.S. 15-905. If a truth-in-taxation notice and hearing is necessary, the notice shall be in accordance with A.R.S. 15-905.01. If the Board determines to combine the budget and truth-in-taxation hearings, publication of a combined notice must satisfy the requirements of both A.R.S. 15-905 and 15-905.01.
Immediately following the public hearing the President shall call to order the Board meeting for the purpose of adopting the budget. A Board member may, without creating a conflict of interest, participate in adoption of a final budget even though the member may have substantial interest in specific items included in the budget.
The Board shall adopt the budget and enter the budget as adopted in its minutes.
Not later than July 18, the Governing Board shall submit the adopted budget to the Department of Education. The Department shall prominently display the District budget information on the website maintained by the Department. If the District maintains a website, the District shall post a link to the website of the Department of Education where this information about the District is posted.
Filing of the budget shall be according to state law. [See Regulation DBC-R]
If the Governing Board receives notification that one (1) or more of the District's categorical budgets are in excess of its authorized limit, the Board shall revise the affected budget(s) in accordance with A.R.S. 15-905.
Adopted: November 8, 2011date of Manual adoption
LEGAL REF.:
A.R.S.
15-903
15-905
15-905.01
15-911
15-915
15-948
CROSS REF.:
DBC - Budget Planning, Preparation and Schedules
In order to determine if budgeted expenditures are in keeping with the adopted budget, a monthly report of expenditures and revenues shall be presented to the Board. Variances within budget categories shall be a part of this report.
Any overexpenditure An expenditure in excess of a major subsection of the maintenance and operation budget shall require Board approval.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-905
Periodically throughout the year, the budget will be reconciled to the actual expenditures of the District.
The Governing Board may authorize the expenditure of monies budgeted within the maintenance and operation section of the budget for any subsection within the section in excess of amounts specified in the adopted budget only by action taken at a public meeting of the Governing Board and if the expenditures for all subsections of the section do not exceed the amount budgeted.
Adopted:
December 13, 2011date of Manual adoption
LEGAL REF.:
A.R.S.
15-905
The District may submit proposals to private foundations and other sources of financial aid for subsidizing such activities as innovative projects, feasibility studies, long-range planning, research and development, or other educational needs.
Timelines permitting, grant proposals are to be approved by the Board before being submitted to the funding agency. The Superintendent shall establish administrative guidelines for the processing of proposal ideas to the Board for its approval.
The Governing Board may receive, hold, and dispose of any gift, grant, or bequest of property or equipment in accordance with state law and the intent of the instrument conferring title.
The Governing Board may also accept gifts, grants, or devises of money. The disposition of unused funds from these sources shall be in accordance with law.
Adopted: date of Manual adoption
LEGAL REF.:
A.R.S.
15-341
CROSS REF.:
KCD - Public Gifts/Donations to Schools
The Governing Board is to be kept informed of possible sources of state, federal, and other funds for the support of the schools and/or for the enhancement of educational opportunities. The Superintendent is to apprise the Board of its eligibility for general or program funds and to make recommendations for Board action.
Adopted: date of
manualManual adoption
EXHIBIT
FUNDING PROPOSALS, GRANTS,
AND SPECIAL PROJECTS
RESOLUTION
WHEREAS, participation in programs funded in whole or in part by federal funds requires that a participating district demonstrate that the district meets the requirement of comparability between schools that receive federal funding and those that do not receive such funding, and that the district provide for equivalency of access to district staffing, equipment, and materials by all district schools, based on student per-capita allocations and individual schools' needs analyses, and, in addition, that all schools and programs have equivalent access to district support operations including but not limited to maintenance, transportation, and warehousing operations support; and
WHEREAS, budgets for staffing, textbooks, equipment, supplies, and services for district schools will be provided for at all schools without supplanting special funding provided from any source with nonsupplanting requirements; and
WHEREAS, expenditures budgets for schools participating in Title I programs will be provided for on the same per-capita basis as budgets for schools not participating in the program; and
WHEREAS, the Flagstaff Unified ________________________________________ School District No. 1____ intends to participate in such programs and receive federal funds;
NOW, THEREFORE, BE IT RESOLVED that the Governing Board of the Flagstaff Unified _________________________________ School District No. 1____ hereby directs the Superintendent to ensure that said district does in fact comply with such mandates for comparability and equivalency of access for the period of any grant under which such funds are received.
This resolution was moved, seconded, and passed at a meeting of the Flagstaff Unified School District No. 1 the ___________________________ Governing Board on ____________________, 20____.
ATTEST:
____________________________________
President
(Impact Aid Program)
Regardless of any other law, if the District receives assistance pursuant to Title VIII of the Elementary and Secondary Education of 1965, as amended (Impact Aid Program), the District shall establish a local level fund designated as the Impact Aid Fund and deposit the Impact Aid monies received in the Fund.
The District shall separately account for monies in the Fund and shall not combine monies in the Fund with any other source of local, state, and federal assistance. Monies in the Fund shall be expended pursuant to federal law only for the purposes allowed by Title VIII and A.R.S. 15-905. The District shall account for monies in the Fund according to the Uniform System of Financial Records (USFR) as prescribed by the Auditor General.
If the District has established an Impact Aid Fund, the Superintendent of Public Instruction shall separately account for monies in the District's Impact Aid Fund in the annual report required by A.R.S. 15-255.
Monies in the Fund are considered federal monies and are not subject to legislative appropriation.
Adopted: November 8, 2011date of Manual adoption
LEGAL REF.:
A.R.S.
15-905
20 U.S.C. 7701, Title VIII - Impact Aid Program
CROSS REF.:
IHBJ - Indian Education
KJGA - Relations with Parents of Children Educated Pursuant to
Federal Impact Aid Programs
The Board will annually consider and vote on a request to the County Treasurer to authorize investments for the following fiscal year. The Superintendent shall ensure that this question is placed on an agenda for a Board meeting in June of each year.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-996
15-1024
15-1025
A.G.O.
I80-099
I82-090
Revenues collected from rental or lease of school-owned real estate shall be deposited in the Civic Center fund. Monies from sale of school-owned real estate shall be deposited as allowable under state statutes.
Adopted: date of
manualManual adoption
Admission receipts from school events shall be adequately controlled. The Superintendent is responsible for the proper collection, supervision, disbursement, and/or remittance of these fees.
Admission to school events for which an admission is charged ordinarily will be by purchased ticket or special pass only. Adequate records will be maintained for accounting purposes.
Adopted: date of
manualManual adoption
Vocational Activity Income
Through certain vocational activities, students may provide goods and services at a charge to the public. These activities are designed for educational purposes, not to make a profit or to be competitive with business in the community.
The charges for work performed and goods sold through these activities will be kept current with costs for the particular service or item offered for sale.
Advertising Income
A District advertisement fund shall be established for the deposit of revenues if the District sells advertising.
All revenues collected will be deposited and accounted for in accordance with the Uniform System of Financial Records. Monies in the advertising funds are not subject to reversion.
Adopted: November 8, 2011date of Manual adoption
LEGAL REF.:
A.R.S.
15-342
15-1121
CROSS REF.:
KHB - Advertising in Schools
(Credit Cards and/or Procurement Cards)
Use of Credit Cards/
Procurement Cards
The Governing Board acknowledges that instances may occur when ready payment for goods or services is in the District's best interest. The Superintendent is responsible for the implementation of all aspects of the District credit/procurement card program. The Board authorizes the Superintendent to secure and assign controlled-limit credit/procurement cards to designated personnel. District-assigned credit/procurement cards may not be used for personal expenditures.
The use of credit/procurement cards is to be closely monitored and payment of statements for authorized purchases are to be made as promptly as possible to avoid fees and charges for the use of such cards.
The Superintendent is directed to develop regulations for the use of District-assigned credit/procurement cards. Such regulations are subject to Board review and approval.
The Board reserves the right to revise or rescind this policy at its sole discretion.
Definition of Credit/
Procurement Card
The District defines "credit card" and "procurement card" as a form of payment in lieu of cash, purchase order, or check. The credit/procurement card must bear the company logo.
Adopted: date of Manual adoption
LEGAL REF.:
A.R.S.
15-342
38-621
38-622
38-623
38-624
38-625
Uniform System of Financial Records
CROSS REF.:
DKC - Expense Authorization/Reimbursement
The Board, by majority vote, shall designate one (1) or more banks as depository for the safeguarding of school auxiliary and revolving funds.
Each designated depository shall furnish proper security for such deposits in the amount designated by the Board and in accordance with law.
Each designated depository shall be advised not to cash checks payable to the District but to deposit checks only to the District auxiliary accounts.
Adopted: date of
manualManual adoption
REGULATION
CREDIT CARDS
(Credit Cards and/or Procurement Cards)
Purposes, Conditions, and Limits
The issuance and use of a credit/procurement card is to provide an alternative purchasing mechanism when traditional payment/procurement methods are not feasible. Cards shall be issued in the District's name and if applicable, the user's name. The employee issuing cards shall maintain a complete list of designated card users. Physical security of cards shall be maintained at all times. The District shall cancel or inactivate cards, or recover the cards if possible, upon loss, theft, or misuse; when a card is no longer needed; and upon the card holder's separation from the District's employment when the card is in the user's name. For cards issued in the District's name a specific employee shall be designated by the Superintendent to track who has the cards and account for all card transactions.
A credit/procurement card may be used to facilitate the payment of travel expenses such as hotels, meals and registrations for training and education while conducting District business, including fuel for District-owned vehicles.
Purchasing control limits shall be based on single transaction limits and monthly purchase limits for each card holder. Purchase limits shall be established based on the types of transactions for which the card is being used. Personnel issued credit/procurement cards shall be determined by the Superintendent to have a legitimate need and whose use of the card is necessary for effective purchasing. Personnel designated to use credit/procurement cards shall be advised by the Superintendent of their purchasing control limits.
Authorized Card Holders
Persons designated as authorized credit/procurement card holders must agree to abide by the procedures described in this regulation.
The holders will be held liable for any unauthorized use of a District-assigned credit/procurement card, which may result in disciplinary action up to and including the loss of employment and other actions provided by law. All card users, including users of cards issued only in the District's name, shall sign a user agreement acknowledging receipt and understanding of the District's policies and regulations for the cards use. The agreement shall authorize the District to withhold wages for the amount of any improper purchase; pursuant to the Fair Labor Standards Act. To the extent permitted by law card users shall be held personally liable for card transactions that are contrary to laws, rules, policies and regulations, including applicable penalties and interest. The user agreement shall contain a statement expressing possible disciplinary actions for the misuse of a District credit/procurement card.
Except for business department personnel performing authorized office duties, no person other than a designated holder is to have access to or use of a District-assigned credit/procurement card.
Authorized card holders shall receive training on the use of the card that addresses purchase limitations, advanced purchasing approval, necessary purchase documentation, and the District's payment process regimen.
Scope
The credit/procurement card is to be used only when the items and/or services to be purchased are for the official use of the District. No personal use of a credit/procurement card is allowed.
District-assigned credit/procurement cards may be used only when one (1) of the following conditions exists:
A. When a vendor will not accept a purchase order or offer billing terms.
B. When the purchase must be made during an "emergency." For the purpose of this regulation, emergency means payment for a purchase must be made before the next accounts payable check run. A memo bearing the Superintendent's signature of approval must be presented explaining the circumstances and nature of the emergency.
C. When certain purchases could be made more efficiently and cost effective.
D. When a revolving fund check cannot be used.
Credit/Procurement Card
Purchasing Limitations
District-established credit/procurement card purchasing limitations shall be established by the Superintendent. The Superintendent shall establish card user and single transaction limits and monthly purchase limits for each card. Such limits shall be established based on the type of transactions for which the card is to be used.
A purchase made using a District-assigned credit/procurement card may not violate any District purchasing policy or regulation. All purchases must be appropriate and in the best interest of the District. Violation may result in termination of the employee's credit/procurement card privileges.
Credit/Procurement Card Transaction
Requirements for Physical, Verbal,
and Internet Orders
When a District-assigned credit/procurement card is required for a physical, verbal or internet purchase, the following steps must be taken:
A. Prior to use of the credit/procurement card, the card holder is to submit a purchase order requisition form to the District business office accompanied by the following:
1. A detailed description of the items and/or services to be purchased using the credit/procurement card.
2. The date the purchase will be made.
3. The actual amount of the purchase. If the actual amount is not known an estimate may be stated, but the amount of the purchase cannot exceed the stated amount.
4. Proper account coding information.
5. Signatures of the requester and the approving authority.
B. The holder must verify that a purchase order has been created and approved before a credit/procurement card transaction occurs.
C. When a credit/procurement card is used the card holder must promptly submit all receipts and other related documentation to the business office. The documentation should clearly indicate the employee making the purchase and the specific school purpose for the expenditure. Receipts for fuel or vehicle repairs are to include the vehicle license number.
Supporting Purchase Documentation
Employees using cards shall submit all supporting documentation to the District monthly. Supporting documentation shall include:
A. Purchasing requisition, purchase order, invoice, packing slip, receiving report, and transaction receipt, as applicable. If original receipts are not available because they are lost or illegible, the card user shall request a copy of the receipt from the vendor or complete an affidavit detailing the purchase date, vendor, product, cost, tax and other charges, and reason the receipt is not available.
B. A description of the item(s) purchased and the specific District purpose for the expenditure.
C. The card user's signature and date the document was submitted to the District.
D. Documentation of the purchase of fuel or vehicle repair, the license number of the vehicle, and odometer reading of the vehicle.
E. Transactions, such as Internet, phone, and fax transactions may result in card charges before goods or services are received. Such transactions are allowed purchases that are normally prepaid in order to procure the item or to receive a discounted price. In such instances the District shall ensure that all relevant aspects of Uniform System of Financial Records (USFR) VI-G are adhered to for each purchase.
Credit/procurement card statements must be addressed directly to the business office and not to the card holder. All purchase transaction receipts must be reconciled to the monthly credit/procurement card statements prior to entry on an expense voucher. As credit/procurement card companies may charge fees and interest, payments must be made in a timely manner to avoid finance charges.
Use of a Credit/Procurement
Card for Travel
Reservations must be made through the purchasing office. A completed professional leave form must be submitted along with the necessary information. The business office will provide the credit/procurement card information to the selected vendor.
Payment Process Regimen
The Superintendent shall ensure that approval, verification, and payment duties are separate among different employees. A copy of the billing statement shall be sent directly to the District. Electronic statements may be accepted if provided to card users by the financial institution or the District. Upon receipt of the billing statement the card user should complete the transaction log and submit the log, billing statement, and all other supporting documentation for review and approval. The reviewer shall:
A. Confirm that all supporting documentation is complete and was submitted in a timely manner.
B. Verify that each purchase transaction appearing on the card user's billing statement is an appropriate, legitimate District purchase that was approved, and within the individual's authorized purchase limits.
C. For travel expenses, verify the expenses do not exceed allowable reimbursement amounts as prescribed by
USFR and are supported by a properly approved travel claim.
D. Initial and date the reconciliation document for review.
E. Submit reconciled statements and supporting documentation.
All receipts shall be reconciled and reviewed monthly and if possible, prior to payment of the monthly bill. Payments shall be made in a timely manner to avoid late fees and finance charges. Card balances shall be paid in full each billing cycle. Should the reconciliation or review identify any items that were not a valid purchase, it shall be reported to the Superintendent and disputed.
Periodic Review
The District shall periodically compare budget and actual expenditures to ensure purchases remain within budget limits, or available cash balance, as applicable and shall monitor the types of purchases and vendor usage to ensure compliance with District procurement policies and regulations, and USFR purchasing guidelines.
The review process shall include strategies that are employed to detect improper or fraudulent transactions.
Rebates and Incentives
Credit cards or procurement cards may contain provisions for the District to receive cash rebates or incentives in the form of rebates. Should this occur the District shall treat rebates as miscellaneous revenue or as a deduction of expenditures.
Should a rebate be received in the same fiscal year as the original expenditure, including the encumbrance period, the rebate may be recorded as a reduction of the original expenditure. Otherwise, the District shall record the rebate as miscellaneous revenue in the original expenditure or in the Auxiliary Operations Fund.
Authorized signatures for all checking accounts shall be approved by the Board.
On accounts required by statute to have two (2) signatures, the signatories shall be as specified by the statutes.
Adopted: date of
manualManual adoption
EXHIBIT
CREDIT CARDS
DISTRICT-ASSIGNED CREDIT/PROCUREMENT
CARD HOLDER AGREEMENT
By my signature I hereby acknowledge that I have read and understand the _________________________ School District's credit/procurement card policy and regulations, and that I have been provided sufficient opportunity to ask questions related to the District's credit/procurement card policy and regulation. Furthermore, I affirm that I will not use the credit/ procurement card for personal reasons and that I have been advised of the purchase limitations associated with the use of the card. I understand that a violation of this agreement may result in disciplinary action up to and including termination, and possible legal action.
___________________________________ ___________________
Signature Position
___________________________________ ___________________
Printed name Date signed
The Governing Board requires bonding of student activities treasurers and other school employees to cover fidelity and loss of money. The amount of bond will be prescribed by the Board, except that no revolving fund shall be established unless the designated custodian is bonded for an amount equal to twice the amount of the fund. In determining the amount and type of other bonds, the Board will consider the amount of money in accounts during the period of time covered by the bond. The cost of bonding shall be paid by the District.
Adopted: date of
manualManual adoption
The Superintendent shall be ultimately responsible for receiving and properly accounting for all funds of the District.
The Uniform System of Financial Records developed by the State Department of Education and the Auditor General's Office shall be used to provide for the appropriate separation of accounts and funds.
The Superintendent shall provide to the Board periodic financial reports showing the financial condition of the District.
The Superintendent shall also be responsible for student accounting and shall report enrollment and attendance as required by the state.
Adopted: date of
manualManual adoption
Records of all phases of the business operation shall be kept in strict accordance with the Uniform System of Financial Records, other applicable laws, and the policies of the Board.
The District may apply to the State Board of Education (SBE) to assume accounting responsibility, in which case the District shall develop and file with the SBE an accounting responsibility plan as specified in A.R.S. 15-914.01. An approval by the SBE for the District to assume accounting responsibility compels the District to contract with an independent certified public accountant for an annual financial and compliance audit.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-239
15-914.01
15-271
15-272
CROSS REF.:
DI - Fiscal Accounting and Reporting
DIC - Financial Reports and Statements
General Purpose Revolving Fund
A general purpose revolving fund shall be established, pursuant to A.R.S. 15-1101, at a local bank in the account name of the Flagstaff Unified __________________ School District No. 1____. Drafts drawn on the account shall be signed by the employee in charge of the fund or other designated person. The fund shall be managed in the manner prescribed by the U.S.F.R.Uniform System of Financial Records (USFR).
No revolving fund may be established unless the designated employee in charge is bonded for an amount equal to twice the amount of the fund. The cost of the bond shall be a proper charge against the District.
Auxiliary Operations Fund
The auxiliary operations fund shall consist of monies raised with the approval of the Board in pursuance of and in connection with all activities of school bookstores and athletic activities.
Fund monies shall be accounted for in accordance with the requirements of the U.S.F.R.USFR.
After authorization by the Board, fund monies shall be deposited in a bank account designated as the auxiliary operations fund. Disbursements from the fund shall be authorized by the Board.
Disbursements shall be made by check signed by two (2) employees of the District designated by the Board. Persons authorized by the Board to sign checks shall be bonded, and the cost shall be charged against the fund.
Auxiliary operations fund monies may be invested and reinvested by the Board. All monies earned by investment shall be credited to the auxiliary operations fund.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-1101
15-1124
15-1125
15-1126
15-1154
CROSS REF.:
JJF - Student Activities Funds
Prior to October 15 of each year, the Superintendent shall present to the Board the annual financial report for the previous fiscal year and the Governing Board shall submit the annual financial report for the previous fiscal year to the Department of Education, which shall prominently display this information about the District on the website maintained by the Department.
The District annual financial report shall be published by November 15 either in a newspaper of general circulation within the District, by electronic submission to the Department of Education for publication on its web site, in the official newspaper of the county, or by mailing to each household in the School District. If published electronically as indicated above, a link shall be posted on the School District web site to the state department's web site.
The Superintendent shall also ensure that a report of expenditures of public funds and student activity funds is provided to the Board on a monthly basis.
Adopted: November 8, 2011date of Manual adoption
LEGAL REF.:
A.R.S.
15-271
15-302
15-904
15-919.06
15-977
15-991
CROSS REF.:
CM - School District Annual Report
DBC-R - Budget Planning, Preparation and Schedules
The Superintendent shall establish a program to implement District inventory procedures, which shall include inventory of land, buildings, and equipment as required in the U.S.F.RUniform System of Financial Records (USFR).
The acquisition threshold for capitalizing items and entering them on the general fixed assets listing shall be five thousand dollars ($5,000) or greater. Items having an acquisition cost greater than one thousand dollars ($1,000) but less than five thousand dollars ($5,000) shall be placed on the stewardship listing. General fixed assets and stewardship items shall be inventoried as specified by the USFR.
Adopted: date of
manualManual adoption
LEGAL REF.:
Uniform System of Financial Records
Governmental Accounting Standards Board (GASB) Statement No. 54 establishes guidelines for the reporting of fund balances. The business office is assigned the authority, in consultation with District auditors, to assign fund balances for specific purposes.
In addition to GASB Statement No. 54, the District's fund balance reporting will comply with current guidance established by the Arizona Auditor General.
Adopted: December 13, 2011
REGULATION
INVENTORIES
The business manager has responsibility to assist the Superintendent in developing procedures for maintaining District inventories. The District will follow the prescribed minimum internal control policies and procedures provided by the Uniform System of Financial Records to meet compliance requirements for inventories.
A copy of the complete inventory shall be on file in the office of the business manager. A detailed listing of capital assets such as land, buildings, machinery and equipment, vehicles, infrastructure, and easements must be established as prescribed by the Governmental Accounting Standards Board (GASB). Assets, including lands and buildings, and improvements to land and/or existing buildings, having a total acquisition cost of one five thousand dollars ($1$5,000) or more and with a life expectancy greater than one (1) year will be tagged, marked, and capitalized. Lands and buildings, and improvements to land and/or existing buildings, costing five thousand dollars ($5,000) or more will be capitalized and included in the general fixed-assets listing. A comprehensive physical inventory of all District property shall be conducted every three (3) years.capitalized and included in the general fixed-assets inventory. To comply with the requirements of GASB Statement number 34, accurate, complete, and up-to-date documentation including, but not limited to, the following shall be maintained:
A. An inventory record registering for each item the:
1. description;
2. year of acquisition;
3. method of acquisition;
4. funding source;
5. cost or estimated cost;
6. salvage value;
7. estimated useful life;
8. function(s) for which the asset is used.
B. A depreciation schedule that:
1. includes all exhaustible capital assets, by type, with examples;
2. excludes non-exhaustible capital assets and construction in process;
3. is based on locally-determined estimated useful life, typically in years;
4. projects residual value at the end of useful life;
5. identifies the method used for calculating depreciation;
6. identifies the selected averaging condition, where applicable.
C. A disposal listing of items removed from the inventory, including at minimum the date and method of disposal.
A stewardship inventory shall also be maintained for all equipment, including vehicles, with a cost of one thousand dollars ($1,000) or more but less than the capital asset threshold. The inventory must identify each item's description, identification (tag) number, location, and the month and year of acquisition.
For insurance and other purposes, an inventory of items with an acquisition cost of less than one thousand dollars ($1,000) may be maintained.
The District shall conduct a physical inventory of listed equipment:
A. at least every two (2) years for items:
1. purchased with federal funds;
2. with an acquisition cost of five thousand dollars ($5,000) or more.
B. at least every three (3) years:
1. for all capital equipment;
2. for items on the stewardship list, where such list exists.
Facility administrators shall implement the procedures, providing maintain lists, and provide reports as requested on the contents of their buildings.
Facility administrators shall require any employee who removes an item from one school for use in another to have a written request for such removal signed by the business manager.
Each administrative unit shall assist in completing an annual inventory of all capital furniture and equipment, library media, and textbooks at its location.
Facility administrators shall require any employee who desires to remove an item from one school or department for use in another to submit a written transfer request form to the business manager. Written approval must be obtained from the business manager prior to the relocation of an item.
Supply records shall be kept, which will show:
● The A. The name of the individual receiving the supplies.
● The B. The date received.
● The C. The disposition of the supplies.
A perpetual inventory shall be maintained for all supplies warehoused by the District.
The Governing Board directs the Superintendent to implement procedures that assure District compliance with all state and federal requirements for financial monitoring and audits. Contingent upon prescribed qualifying criteria, such requirements may include, but are not limited to, procedural reviews by the Office of the Auditor General and the federal Single Audit Act Amendments of 1996and Office of Management and Budget (OMB) Compliance Supplement June 2016.
The procurement of the necessary services shall be consistent with the District's policy on bidding and purchasing procedures. Any allocation of costs for the services shall conform to the requirements of the Uniform System of Financial Records (U.S.F.R.USFR).
A final report of each separate fiscal management review shall be presented to the Board for examination and discussion. After a report has been presented to the Board, it will become a matter of public record, and its distribution will not be limited. Copies of a final report shall be filed with with appropriate state and other authorities.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-239
15-914
15-2111
41-1279.04
41-1279.05
41-1279.07
41-1279.21
41-1279.22
A.A.C.
R7-2-902
U.S.F.R.: USFR - Audit Requirements
2 CFR Part 200 Appendix XI, Compliance Supplement
REGULATION
AUDITS / FINANCIAL MONITORING
Each program, instructional unit, and department shall prepare and maintain such financial records as are directed by the Superintendent. The documents shall be accurate and of essential sufficiency to enable the District to comply with all requirements for financial monitoring and audits, both internal and external.
In addition to special reviews that may be conducted as necessary, the District will comply with the following minimum requirements to demonstrate proper management of and accountability for its fiscal resources:
● WheneverA. Whenever the District's expenditure of federal financial assistance is less than
threefive hundred thousand
dollarsdollars (
$300$500,000) during a fiscal year, the District shall be subject to a procedural review conducted by the
Office ofOffice of the Auditor General at times determined by the Auditor General
■ Districts, subject to the following provisions:
B. Districts that have adopted a Maintenance and Operations Fund (M&O) budget of two million
dollarsdollars ($2,000,000) or more shall contract with an independent certified public accountant to conduct an annual financial statement audit in accordance with generally accepted governmental auditing standards.
■ Beginning with fiscal year 2004-2005, DistrictsC. Districts that have adopted a Maintenance and Operations Fund (M&O) budget between seven
hundred thousandhundred thousand dollars ($700,000) and two million dollars ($2,000,000) shall contract with an independent
certified publiccertified public accountant to conduct a biennial financial statement audit in accordance with generally
accepted governmentalaccepted governmental auditing standards.
● WheneverD. Whenever the District's combined expenditure from all sources of federal financial assistance is
three hundred thousandfive hundred thousand dollars (
$300$500,000) or more during a fiscal year, the District shall contract with an approved independent auditor to conduct an annual financial audit. The audit shall be performed in accordance with generally accepted auditing standards in compliance with the requirements of the federal Single Audit Act Amendments of
19962003 and any implementing regulations of the Office of Management and Budget (OMB).
To the extent permitted by federal law, the District:
A. may convert to a biennial audit schedule when the previous annual audit contained no significant negative findings, defined as the District having received a letter of noncompliance issued by the auditor general;
B. shall convert back to an annual audit whenever an audit produces significant negative findings;
C. may convert back to a biennial audit schedule when the two (2) previous audits have not contained any significant negative findings.
The Superintendent shall be promptly informed of any material deficiency that is discovered during a monitoring or auditing process.
(Purchasing Ethics Policy)
The District's Governing Board members and employees shall not use their offices or positions to receive any valuable things or benefits that would not ordinarily accrue to them in the performance of duties if the things or benefits are of such value or character as to manifest a substantial and improper influence upon the performance of their duties.
This policy should not be construed to prohibit District Governing Board members and employees from accepting inexpensive novelty advertising items and holiday gifts or occasional business lunchesmeals.
Adopted: date of
manualManual adoption
REGULATION
PURCHASING
(Acceptance of Gifts)
District officials and employees are specifically forbidden to engage in the following practices:
● Accepting, taking, and converting to one's own use products or services of any kind in the course of or as the result of the inspection of such products or services.
● Providing confidential information to persons to whom issuance of such information has not been authorized.
● Using one's position to solicit, directly or indirectly, the purchase of supplies, services, or equipment at special discounts for private use from any person who sells to the District.
● Serving as an agent promoting the interests of any organization that transacts or attempts to transact business with the District.
● Directly or indirectly providing estimates or any other service or information, not available to all prospective bidders, to any person bidding or expecting to bid on a contract with the District.
● To purposefully exclude any qualified responsible vendor from submitting a bid in conjunction with good business practices.
● Accepting or recommending acceptance of bids that do not meet or exceed specifications.
● Accepting gifts other than inexpensive novelty advertising items of general distribution, i.e., pens, calendars, and so on.
● Acceptance of office gifts other than those of general consumption such as holiday candy and flowers. This policy does not exclude acceptance of business lunches.
● The opening of bids or other correspondence, except in the manner prescribed by law, Board policy, and good business practice.
Vendors conducting business with the District are specifically forbidden to engage in the following practices:
● Providing delivery dates that are not within the vendor's capability, solely for the purpose of influencing the bid award.
● Bidding items of a quality less than that specified without annotating the bid form to make the District aware of the deviation from specifications.
● Attempting to influence award of bids through offer of gifts.
● Giving gifts, other than small novelty advertising items of general distribution, i.e., pens, calendars, and so on.
● Providing office gifts other than those of general consumption, such as holiday candy and flowers.
Any certificated employee found by the Board to willfully or habitually violate the ethical policies or procedures of the District may be referred to the Arizona Professional Practices Committee by the Board. Such employee may be subject to dismissal and/or a letter of reprimand in the employee's file.
Any support staff employee found by the Board to willfully or habitually violate the ethical policies or procedures of the District may be subject to dismissal and/or a letter of reprimand in the employee's file.
Any Board member found by the other members to have willfully or habitually violated the ethical policies or procedures of the District may be subject to public censure.
Any vendor violating the District's ethics, policies, or procedures shall be subject to removal from consideration as a qualified bidder until reinstatement by the Board is considered in the best interests of the District.
The Superintendent shall be responsible for all purchasing, contracting, competitive bidding, and receiving and processing of all bid protests, in accordance with the Arizona school district procurement rules, including A.A.C. R7-2-1141 et seq. A contract shall not be awarded to an entity that does not verify employment eligibility of each employee through the E-verify program in compliance with A.R.S. 23-214 subsection A. Each contract shall contain the warranties required by A.R.S. 41-4401 relative to the E-verify requirements.
The Superintendent shall prepare regulations to assure the District conforms to proper procedures and practices.shall ensure that all aspects of bidding and purchasing procedures conform to federal and state laws, rules and regulations. Administrative regulations shall be established to assure the District is in full compliance, including contracting with small and minority businesses, women's business enterprises, and labor surplus area firms. (2 C.F.R. 200.321).
Purchases Not Requiring Bidding
Purchases of less than ten thousand dollars ($10,000) may be made at the discretion of the Superintendent. Such procurements are not subject to competitive purchasing requirements, however reasonable judgment should be used to ensure the purchases are advantageous to the District.
Verbal price quotations will be requested from at least three (3) vendors for transactions of at least ten thousand dollars ($10,000) but less than fifty thousand dollars ($50,000). The price quotations should be shown on, or attached to, the related requisition form. If three (3) verbal quotations cannot be obtained, documentation showing the vendors contacted that did not offer price quotations, or explaining why price quotations were not obtained, shall be maintained on file in the District office.
Written price quotations will be requested from at least three (3) vendors for transactions of at least fifty thousand dollars ($50,000) but not more than one hundred thousand dollars ($100,000). If three (3) written price quotations cannot be obtained, documentation showing the vendors contacted that did not offer written price quotations, or explaining why written price quotations were not obtained, shall be maintained on file in the District office.
The District is not required to engage in competitive bidding in order to place a student in a private school that provides special education services if such placement is prescribed in the student's individualized education program and the private school has been approved by the Department of Education Division of Special Education pursuant to A.R.S. 15-765. The placement is not subject to rules adopted by the State Board of Education before November 24, 2009 pursuant to A.R.S. 15-213.
The District may, without competitive bidding, purchase or contract for any products, materials and services directly from Arizona Industries for the Blind, certified nonprofit agencies that serve individuals with disabilities and Arizona Correctional Industries if the delivery and quality of the goods, materials or services meet the District's reasonable requirements.
Intergovernmental agreements and contracts between school districts or between the District and other governing bodies as provided in A.R.S. 11-952 are exempt from competitive bidding under the procurement rules adopted by the State Board of Education pursuant to A.R.S. 15-213.
The District is not required to engage in competitive bidding to make a decision to participate in insurance programs authorized by A.R.S. 15-382.
The District is not required to obtain bid security for the construction- manager-at-risk method of project delivery.
Unless otherwise provided by law, contracts for materials or services and contracts for job-order-contracting construction services may be entered into if the duration of the contract and the conditions of renewal or extension, if any, are included in the invitation for bids or the request for proposals and if monies are available for the first fiscal period at the time the contract is executed. The duration of contracts for materials or services and contracts for job-order-contracting construction services shall be limited to no more than five (5) years unless the Board determines that a contract of longer duration would be advantageous to the District. Once determined, the decision should be memorialized in meeting minutes and in the contract/bid file. Payment and performance obligations for succeeding fiscal periods are subject to the availability and appropriation of monies. The maximum dollar amount of an individual job order for a job-order-contracting construction service shall be one million dollars ($1,000,000) or as determined by the Board.
Online Bidding
Until such time as the State Board of Education adopts rules for the procurement of goods and information services by school districts and charter schools using electronic, online bidding, the District may procure goods and information services pursuant to A.R.S. 41-2671 through 2673 using the rules adopted by the Department of Administration in implementing 41-2671 through 2673.
Purchases Requiring Bidding
Sealed bids and proposals shall be requested for transactions to purchase construction, materials, or services costing more than one hundred thousand dollars ($100,000). All transactions must comply with the requirements of the Arizona Administrative Code and the Uniform System of Financial Records.
Registered Sex Offender Prohibition
All purchase orders, agreements to purchase, and contracts for services to be provided by personnel other than District employees must include the following statement on the document:
Registered Sex Offender Restriction. Pursuant to this order, the named vendor agrees by acceptance of this order that no employee or subcontractor of the vendor, who is required to register as a sex offender, pursuant to Ato A.R.S. 13-3821, will perform work on District premises or equipment at any time when District students are, or are reasonably are reasonably expected to be, present. The vendor further agrees by acceptance of this order that a violation of this condition this condition shall be considered a material breach and may result in a cancellation of the order at the District's discretions discretion.
Adopted: December 10, 2013date of Manual adoption
LEGAL REF.:
A.R.S.
11-952
15-213
15-213.01
15-213.02
15-239
15-323
15-342
15-382
15-765
15-910.02
23-214
34-101 et seq.
35-391 et seq.
35-393 et seq.
38-503
38-511
39-121
41-2632
41-2636
41-4401
A.A.C.
R7-2-1001 et seq.
A.G.O.
I83-136
I87-035
I06-002
USFR: VI-G-8 8 et seq.
2 C.F.R. 200.321
CROSS REF.:
BCB - Board Member Conflict of Interest
DJG - Vendor/Contractor Relations
GBEAA - Staff Conflict of Interest
JLIF - Sex Offender Notification
The Governing Board delegates, in accordance with R7-2-1006 of the Arizona Administrative Code (A.A.C.), limited authority to designated to the Superintendent, Assistant Superintendent of Operations, and the Director of Materials and Contract Management to enter the District into contracts for materials and/or services up to any limit approved by the Arizona State Legislature pursuant to A.R.S. 15-213 (currently fifty thousand dollars [$50,000]) per contract. Delegation may be further assigned to other District employees as determined by the Superintendent, Assistant Superintendent of Operations or the Director. Authority may be delegated for all dollar levels when purchases are secured through cooperative purchasing agreements, and are made within the current fiscal year budgets established and approved by the Governing Board.
Competitive Sealed Proposals
The Governing Board may delegate to those listed above when:
● it is in the best interest of the District to solicit competitive sealed proposals for the supply of materials and/or services and to subsequently solicit the sealed proposals if necessary;
● under A.A.C. R7-2-1041(A) it is determined in writing that the use of competitive sealed bidding is either not practicable or not advantageous to the District, a contract may be entered into by competitive sealed proposals.
● if under A.A.C. R7-2-1041(B) it is determined that competitive sealed bidding is neither practicable or advantageous, then competitive sealed proposals may be used if it is necessary to use a contract other than fixed price type; conduct oral or written discussions with offerors concerning technical and price aspects of their proposals; compare the different price, quality, and contractual factors of the proposals submitted; or award a contract in which price is not the determining factor.
The awarding of contracts as a result of competitive sealed proposals that are in excess of any limit approved by the Arizona State Legislature pursuant to A.R.S. 15-213 (currently fifty thousand dollars [$50,000]) shall be through Governing Board action, unless contracts are secured through cooperative purchasing agreements and when procurements are made within the current fiscal year budgets established and approved by the Governing Board.
Multi-term Contracts
(of not more than five [5] years)
The Governing Board may delegate the authority, in accordance with A.A.C. R7-2-1006, to the above designated employees to perform the following actions in compliance with A.A.C. R7-2-1093. Before the use of a multi-term contract, it shall be determined in writing that:
● estimated requirements cover the period of the contract are reasonable and continuing;
● such contracts will serve the best interests of the District to solicit a multi-term contract for the supply of materials and/or services;
● contractors are compensated fairly for early termination of multi-term contracts.
Multiple Awards
The Governing Board may delegate, in accordance with the Uniform System of Financial Records, to the above designated District employees to make multiple contract awards allowing more than one (1) vendor to supply the same goods or services. For instance, multiple awards may be made if one (1) vendor is unable to provide the total quantity of goods or services, or if geographic distance precludes the use of one (1) vendor throughout the District.
Compliance Requirements
The duration of this authorization is the cyclic comprehensive review of Governing Board policies. The continuation of this policy shall be considered to be a renewal of delegated procurement authority, which may run annually, consecutively and based on employee continuation of services. The Governing Board reserves the right to rescind this delegation, and subsequent delegation of procurement authority whenever it is deemed to be in the best interest of the District.
All contracts and their administration shall be in compliance with all the appropriate sections of the Arizona Revised Statutes, the Arizona Department of Education School District Procurement Rules, and the Uniform System of Financial Records.
Any person who has been authorized delegated procurement authority for the District shall ensure that they do not participate in any aspect of a specific procurement if that person would receive any benefit directly or indirectly from a contract for such procurement. Violation of this prohibition may result in termination or other disciplinary action under R7-2-1006(C).
Sole Source Procurements
The Governing Board may delegate procurement authority to the above designated District employees, in accordance with A.A.C. R7-2-1053, to make contract awards when that only once source for the required material, service or construction item is available. Sole source procurement shall be avoided, except when no reasonable alternative source exists. A copy of the written evidence and determination of the basis for the sole source procurement shall be retained in the procurement file by the District.
Resolution of Bid Protests
The Governing Board, pursuant to R7-2-1006, may designate the Director of Materials and Contract Management as its District representative, as defined in R7-2-1001(32), to resolve bid protests. All bids issued by the School District shall include the name of the District representative and shall indicate that any bid protest must be filed with the District representative. Appeal from the decision of the District representative may be made to the Governing Board under R7-2-1145 to R7-2-1148.
Adopted: November 9, 2010
LEGAL REF.:
A.R.S.
15-213
15-341
R7-2-1001
R7-2-1006
R7-2-1041
R7-2-1053
R7-2-1093
R7-2-1145 to R7-2-1148
REGULATION
BIDDING / PURCHASING PROCEDURES
All District purchases shall be in accordance with the relevant sections of the Arizona Revised Statues (including, but not limited to to 15-213, 15-323, and and 38-503), the Arizona school district procurement rules set out in A.A.C. R7-2-1001 through 1195, and with the following.
Requesting Quotations
Requests for price quotations are to include adequate details and be issued with sufficient lead time to enable vendors to effectively respond. When a contract is to be awarded on the basis of price and additional factors those factors are to be included in the request for quotations. Such factors should include, but are not limited to, the following:
● Submittal A. Submittal requirements including:
■ Date 1. Date and time due;
■ Type 2. Type and manner by which quotations may be received (e.g., telephone, written, fax, e-mail, prepared form prepared form);
■ Physical 3. Physical or digital address to which quotations are to be delivered.
● Specific B. Specific information the quotation must include.
● Whether C. Whether or not negotiations may be held.
● Options D. Options that may be made pursuant to a purchase contract, i.e., extensions and renewals.
ŸE. Contracts for job-order-contracting services shall be limited to no more than five (5) years unless the
Board determinesBoard determines that a contract of longer duration would be advantageous to the District and has provided for
such durationsuch duration as a part of bid documents and conditions of renewal or extension within contract language.
SuchSuch determination should be memorialized in writing and kept in the meeting minutes and contract/bid file.
● Uniform F. Uniform terms and conditions included in the request by text or reference.
● Such G. Such additional terms, conditions, and instructions as are applicable to the purchase under consideration.
All requests for written quotations shall be at the direction of the Superintendent or a person designated by the Superintendent.
When a vendor is selected on the basis of factors other than lowest price, the reasons shall be documented and filed with the price quotations. Documentation of the quotations process and details including vendor names, persons contacted, telephone numbers and identification of other communication procedures, price results, and determinations are to be documented and retained by the District in a procurement file that includes the pertinent requisition form and purchase order.
A written contract or purchase order must be approved prior to a purchase being made.
Cumulative and Like
Item Purchases
An analysis shall be performed annually to determine the extent of the District need to purchase like items. Prior year purchases and applicable demographic, program, and planning data are to be utilized for projecting quantity and cost of like items to fulfill the anticipated need. The outcomes of calculating the projected quantity and cost factors to acquire like items shall inform the determinations as to the appropriate procurement processes to be applied. The proper competitive purchasing strategies must be applied to assure District compliance with the procurement laws and rules. Splitting of orders or other purchasing practices devised to circumvent allowable procurement practices are prohibited. The cumulative costs of purchasing like items by any and all means of acquisition are to be tracked to assure that no purchases are permitted that will result in violation of Governing Board policies and lawful procurement practices.
Multiple Year Purchases Totaling Less
Than One Hundred Thousand Dollars
The District may enter into contracts of less than one hundred thousand dollars ($100,000) for a period up to five (5) years, as follows:
● When A. When the terms and conditions of renewal or extension are included in the solicitation for bids;
● When B. When monies are available for the first fiscal year at the time of contracting;
● When C. When the competitive purchasing method is appropriate to the projected cumulative cost over the term of the of the multiple year contract.
Multiple Year Purchases Totaling More
Than One Hundred Thousand Dollars
The District may enter into contracts for more than one hundred thousand dollars ($100,000) for a period up to five (5) years, as follows:
● The A. The Governing Board has determined in writing that:
■ The 1. The estimated requirements cover the contract period and are reasonable and continuing;
■ A 2. A multi-term contract will serve the District's best interest by encouraging competition or promoting economies promoting economies in procurement;
■ If 3. If monies are not appropriated or available in future years the contract will be cancelled.
If multiple-year quotations are used, the District shall:
● Document A. Document the time period that the pricing is valid;
● Determine B. Determine the vendor will honor the pricing for the multi-year period;
● Secure C. Secure and maintain written affirmation with the vendor that, although it is the District's intent to purchase certain purchase certain quantities, all purchases are subject to the availability of funds.
Multiple Awards to More
Than One Contractor
Generally, the District should not use multiple awards allowing more than one (1) vendor to supply the same goods or service. However, there are instances in which the District may make multiple awards. If that instance arises, the request for proposals or invitation for bids should clearly state whether multiple awards may be used so bidders can consider that information when pricing their proposals or bids.
A multiple award to more than one (1) vendor should be made only when the District has determined and documented in writing that a single award is not advantageous to the District. The award should also be limited to the least number of suppliers necessary to meet the District's requirements.
Bidding Methods
Sealed bids or proposals will be requested when an award is to be made for a transaction to purchase construction, materials, or services costing more than one hundred thousand dollars ($100,000). The Superintendent must review the expenditure and make a recommendation to the Board for final action. The Board reserves the right to waive any informality in, or reject, any or all bids or any part of any bid. Any bid may be withdrawn prior to the scheduled time for the opening of bids.
The bidder to whom the award is made may be required to enter into a written contract with the District.
Pursuant to the procurement code, contracts can be let for a period not to exceed five (5) years.
Definitions
The definition of a term used in this regulation shall be interpreted as being synonymous with the definition of that term listed
atat R7-2-1001.
Prospective Bidders' Lists
The District shall compile and maintain a prospective bidders' list. Inclusion of the name of a person shall not indicate whether the person is responsible concerning a particular procurement or otherwise capable of successfully performing a District contract.
Persons desiring to be included on the prospective bidders' list shall notify the District. Upon notification, the District shall mail or otherwise provide the person with the District procedures for inclusion on the bidders' list. Within thirty (30) days after receiving the required information, the District shall add the person to the prospective bidders' list unless the District makes a determination that inclusion is not advantageous to the District.
Persons who fail to respond to invitations for bids for two (2) consecutive procurements of similar items may be removed from the applicable bidders' list after mailing a notice to the person. This notice shall not be required if the two (2) invitations for bids which were not responded to both contained the notice that bidders' names may be removed from the bidders' list if they fail to respond to invitations for bids for two (2) consecutive procurements of similar items. Persons may be reinstated upon request.
Prospective bidders lists shall be available for public inspection, unless the District makes a written determination that it is in the best interest of the District that they should be confidential or private and should not be open for inspection pursuant to A.R.S.
Competitive Sealed Bidding
If the intended procurement is for construction to cost less than one hundred fifty thousand dollars ($150,000), the rules established for the simplified school construction procurement program described
atat R7-2-1033
maymay be followed. In all other cases, adequate public notice of the invitation for bids shall be given as provided
inin R7-2-1022
oror as provided
inin R7-2-1024, which are outlined below, and shall indicate that any bid protest shall be filed with the District representative, who shall be named therein.
If notice is given pursuant
toto R7-2-1024, notice also may be given as provided
inin R7-2-1022. If fewer than five (5) prospective bidders are included on the bidders list, the notice must also be given as provided
inin R7-2-1022. When the invitation for bids is for the procurement of services other than those described
inin R7-2-1061
throughthrough R7-2-1068
andand R7-2-1117
throughthrough R7-2-1123, Specified Professional Services, notice also shall be given as provided
inin R7-2-1022.
In the event there are four (4) or less prospective bidders on the bidders' list, the notice shall include publication in the official newspaper of the county within which the school district is located for two (2) publications which are not less than six (6) nor more than ten (10) days apart. The second publication shall not be less than two (2) weeks before bid opening. The time of publication may be altered if deemed necessary pursuant
toto R7-2-1024.A.
Invitation for bids shall be issued at least fourteen (14) days before the time and date set for bid opening in the invitation for bids unless a shorter time is deemed necessary for a particular procurement as determined by the school district.
The school district shall mail or otherwise furnish invitation for bids or notices of the availability of invitation for bids to all prospective bidders registered with the school district for the specific material, service or construction being bid.
The time and date at which a bid is called due shall be during regular working hours at a regular place of school business or during a public meeting of the Governing Board at its regular meeting place.
Invitations to bid will be sent to all vendors who have requested to bid or who have applied to be placed on a bid list appropriate to the items being sought.
A bid call relating to "construction projects" must describe the nature of the work to be performed and where complete plans, if necessary, may be obtained. Deposits may be required for plans and specifications in good order. A certified check, cashier's check, or surety bond for ten percent (10%) of the bid must accompany each bid, but will be returned to unsuccessful bidders. The successful bidder must present performance and payment bonds for one hundred percent (100%) of the bid within five (5) working days after notification of the award.
Each sealed bid must be submitted in a sealed envelope, addressed to the District, clearly marked on the outside of the envelope, "Sealed Bid for ________________." The bids shall be opened publicly and read aloud at the time and place stated in the invitation. Awards shall be made with reasonable promptness to the lowest responsible, qualified vendor, taking into consideration all factors set forth in policy. Price shall not be the sole factor in making the bid award. When out-of-state bidders are not to pay sales/use tax, the amount of such tax shall not be a consideration in determining the low bidder. All proposed contracts for outside professional services in excess of the amount calculated by the State Board of Education and made applicable for the year in which the transaction will occur, may be reviewed by the attorney for the District prior to entering into the contract. The policies relating to outside professional services apply only to services required by law to be placed on bid, and even those policies may be set aside if a state of emergency is declared. If a state of emergency is declared, a memorandum will be issued justifying such a declaration, which will be filed in the District's records.
The use of bidding, contracting, or purchasing specifications that are in any way proprietary to one (1) supplier, distributor, or manufacturer is prohibited unless no other resource is practical for the protection of the public interest.
The Board reserves the right to reject any or all bids and to accept the bid that appears to be in the best interest of the District. The Board reserves the right to waive informalities in any bid or to reject any bid, all bids, or any part of any bid. Any bids may be withdrawn prior to the scheduled time for the opening of the bids. Any bids received after the opening begins shall not be accepted. Opening of bids shall not be delayed to accommodate late bid responses. Submitted bids shall be honored for at least thirty (30) days or as otherwise stated in the invitation. All information relating to a bid shall be retained and made available for public inspection after the bids are awarded, and prospective bidders shall be notified of this in the invitation or specifications relating to the bid call.
Multistep Sealed Bidding
The multistep sealed bidding method may be used if the Governing Board determines that:
● Available A. Available specifications or purchase descriptions are not sufficiently complete to permit full competition without technical without technical evaluations and discussions to ensure mutual understanding between each bidder and the District;
● Definite B. Definite criteria exist for evaluation of technical offers;
● More C. More than one (1) technically qualified source is expected to be available; and
● A D. A fixed-price contract will be used.
The District may hold a conference with bidders before submission or at any time during the evaluation of the unpriced technical offers.
The multistep sealed bidding method may not be used for construction contracts.
When the multistep sealed bidding method is determined to be advantageous to the District, the procedures set out
inin R7-2-1036
andand 1037
shallshall be followed.
Competitive Sealed Proposals
If, pursuant
toto R7-2-1041, the Governing
BoardBoard determines in writing that the use of competitive sealed bidding is either not practicable or not advantageous to the District, a contract may be entered into by competitive sealed proposals. The Governing Board may make a class determination that it is either not practicable or not advantageous to the District to procure specified types of materials or services by competitive sealed bidding. The competitive sealed proposal method may not be used for construction contracts. The Governing Board may modify or revoke a class determination at any time.
If competitive sealed bidding is neither practicable or advantageous, competitive sealed proposals may be used if it is necessary to:
● Use A. Use a contract other than a fixed-price type;
● Conduct B. Conduct oral or written discussions with offerors concerning technical and price aspects of their proposals;
● Afford C. Afford offerors an opportunity to revise their proposals;
● Compare D. Compare the different price, quality, and contractual factors of the proposals submitted; or
● Award E. Award a contract in which price is not the determining factor.
Procedures to be applied subsequent to the issuance of an invitation for bids are to be consistent with the requirements set out in in R7-2-1025 through through 1032.
Competitive sealed proposals shall be solicited through a request for proposals. The request for proposals shall set forth those factors listed above for competitive sealed bids that are applicable and shall also state:
● The A. The type of services required and a description of the work involved;
● The B. The type of contract to be used;
● An C. An estimate of the duration the service will be required;
● That D. That cost or pricing data is required;
● That E. That offerors may designate as proprietary portions of the proposals;
● That F. That discussions may be conducted with offerors who submit proposals determined to be reasonably susceptible reasonably susceptible of being selected for award;
● The G. The minimum information that the proposal shall contain;
● The H. The closing date and time of receipt of proposals; and
● I. The relative importance of price and other evaluation factors.
Procurement of information systems and telecommunications systems shall include, as criteria in the request for proposal, evaluation factors of the total life cycle cost and application benefits of the information systems or telecommunication systems.
Procurement of earth-moving, material-handling, road maintenance and construction equipment shall include, as criteria in the request for proposal, evaluation factors of the total life cycle cost including residual value of the earth-moving, material-handling, road maintenance and construction equipment.
A request for proposals shall be issued at least fourteen (14) days before the closing date and time for receipt of proposals unless a shorter time is determined necessary by the District.
Notice of the request for proposals shall be issued in accordance
withwith R7-2-1022.
Before submission of initial proposals, amendments to requests for proposals shall be made in accordance
withwith R7-2-1026. After submission of proposals, amendments may be made in accordance
withwith R7-2-1036(C).
Specified Professional Services
and Construction Services
When the procurement of construction services or services to be provided by certain professionals are under consideration, designated District personnel shall become fully familiar with and informed on the requirements established in Arizona Revised Statutes Title 34. The assigned District personnel are to seek assistance from qualified consultants, attorneys, and bond counsel as is necessary and applicable to the projects being considered, including but not limited to determinations of the training, qualifications, experience, fitness, licensure, prior performance, and bonding of potential providers. Procurement activities, including securing the services of persons to assist District personnel as referenced above shall be in accordance with all relevant requirements prescribed by federal and state law and the rules of federal, state, county, and municipal agencies for the acquisition, performance and reporting of the services being sought and acquired.
Procurement of Services by Certain
Other Classes of Providers
The purchase of services to be provided by clergy, certified public accountants, physicians, dentists, and legal counsel shall be as specified
inin R7-2-1061
throughthrough R7-2-1068. The procurement of services by an architect, engineer, land surveyor, assayer, geologist, or landscape architect is to be accomplished in compliance
withwith R7-2-1117
andand 1118. Procurement procedures related to purchasing services from the professional providers are to conform
toto R7-2-1119
throughthrough 1122.
Contract Requirements
Care is to be exercised to assure the District's procurement practices conform to the general contract requirements set out at R7-2-1068
throughthrough 1086
andand the accompanying conditions described
inin R7-2-1091
throughthrough 1093.
Preparation of Specifications
Specifications for goods, services, and construction items are to be prepared in the manner prescribed by
rulesrules R7-2-1101
throughthrough 1105.
Construction Procurement Procedures
Preparation for inviting bids for construction and the steps to be followed in the construction procurement process shall be guided by and consistent
withwith R7-2-1109
throughthrough 1116.
Emergency Purchases
An exception to the above procedures for price competition may be made in the event of an emergency involving the health, safety, or welfare of school personnel or students. In such an emergency, declared by the Superintendent, emergency purchase action may be taken without price competition, if necessary. Even under emergency conditions, price competition should be sought if it will not unacceptably delay the correction of the condition requiring emergency procedures. If emergency purchases are made without price competition, a complete written description of the circumstances pursuant to A.A.C.
R7-2-1057 shall be included in the procurement file and maintained in the District office.
Sole-Source Procurements
A contract may be awarded for a material, service, or construction item without competition if the Governing Board determines in writing that there is only one (1) source for the required material, service, or construction item. The District may require the submission of cost or pricing data in connection with an award pursuant to A.A.C.
R7-2-1053. Sole-source procurement shall be avoided, except when no reasonable alternative source exists. A copy of the written evidence and determination of the basis for the sole-source procurement shall be retained in the procurement file by the District.
The District shall, to the extent practicable, negotiate with the single supplier a contract advantageous to the District.
Cooperative Purchasing Agreements
Procurements in accordance with intergovernmental agreements and contracts between the District and other governing bodies as authorized by A.R.S.
areare exempt from competitive bidding requirements under A.R.S.
15-213. Inspection of and payment for materials and services acquired under a cooperative purchasing agreement are the obligation of the District.
Due Diligence
The District is responsible for ensuring that all procurements are done in accordance with school district procurement rules whether the procurement is done independently or through a cooperative purchasing agreement. The District shall develop and follow a clear plan prescribing the purchasing practices to be followed. The plan will describe the elements of internal control and auditing to assure the District's procedures are sufficient to confirm the adequacy of the procurements practices and that the accountability of all personnel engaged in procurement practices is regularly evaluated and corrective measures taken when necessary. The due diligence activities shall include the use of the applicable sections of the Uniform System of Financial Records (USFR) Compliance Questionnaire for school districts when assessing the quality of the procurements procedures and the competence of the persons performing the procedures. Day-to-day and periodic formal checks of due diligence performance are to be documented and retained in a procurement file.
REGULATION
VENDOR / CONTRACTOR RELATIONS
A District appointed contract liaison shall at random times request contractor and subcontractor employment records. Intermittently and without prior notice, the District appointed liaison to each contractor shall request from the individual contractor and subcontractor employees the information required on the I-9 form. Such information shall be used to verify the employee's right to work status and the contractor and subcontractor compliance with contract warranties. A report of the result of this inquiry shall be made to the Superintendent.
EXHIBIT
BIDDING / PURCHASING PROCEDURES
Cancellation of Contracts
Within three (3) years after the execution of any contract made by the District, the District may cancel such contract if any person significantly involved in initiating, negotiating, securing, drafting, or creating the contract on behalf of the District is, at any time while the contract or any extension of the contract is in effect, an employee or agent of any other party to the contract in any capacity or a consultant to any other party of the contract with respect to the subject matter of the contract.
Such cancellation by the District shall be effective when written notice from the Board is received by all other parties to the contract unless the notice specifies a later time.
In addition to the right to cancel a contract, as provided above, the District may recoup any fee or commission paid or due any person significantly involved in initiating, negotiating, securing, drafting, or creating the contract on behalf of the District from any other party to the contract arising as the result of the contract.
Notice of this provision shall be included in every contract to which the District is a party. Such notice could read:
In accordance with A.R.S. 38-511, if a person significantly involved in a District contract becomes an employee, agent, or consultant to any other party of the contract with respect to the subject matter of the contract, the District may cancel the contract within three (3) years of execution and recoup any fee or commission paid to such person.
Fingerprinting Requirements
A contractor, subcontractor or vendor, or any employee of a contractor, subcontractor or vendor, who is contracted to provide services on a regular basis at an individual school shall obtain a valid fingerprint clearance card pursuant to A.R.S. 41-1758 et seq. The Superintendent, or a principal subject to approval by the Superintendent, may exempt from the requirement to obtain a fingerprint clearance card a contractor, subcontractor, or vendor whom the Superintendent or principal has determined is not likely to have independent access or unsupervised contact with students as part of their normal job duties while performing services to the school or to the School District. The exemption shall be given in writing and a copy filed in the District office.
The Superintendent shall develop uniform District criterion for making a determination of whether or not an exemption will be granted.
Required Contract Provisions
Each District contract shall contain the provisions of statute paraphrased below and the Superintendent shall implement procedures to randomly verify the records of contractor and subcontractor employees to ensure compliance with these warranties.
The contract or agreement with each contractor shall contain the warranties indicated below:
● Each A. Each contractor shall warrant compliance with all federal immigration laws and regulations that relate to their employees their employees and that they have verified employment eligibility of each employee through the E-Verify programVerify program. The contractor shall acknowledge that a breach of this warranty shall be deemed a material breach material breach of the contract subject to penalties up to and including termination of the contract.
● The B. The contractor further acknowledges that the School District retains the legal right to inspect the papers of any contractor any contractor or subcontractor employee who works on the contract to ensure compliance by the contractor or subcontractoror subcontractor.
The contractor shall facilitate this right by notice to his employees and supervisors.
Adopted: March 2, 2010date of Manual adoption
LEGAL REF.:
A.R.S.
15-512
23-214
41-1758 et seq.
41-4401
Public Law 92-544
CROSS REF.:
DBF - Budget Hearings and Reviews/Adoption Process
DIC - Financial Reports and Statements
DJE - Bidding/Purchasing Procedures
Sales representatives for school services, supplies, or other materials are not permitted to call on teachers or other school staff members except with prior authorization from the Superintendent.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-341
REGULATION
SALES CALLS AND DEMONSTRATIONS
When appropriate, the principal may give permission to sales representatives of educational products to see members of the school staff at times that will not interfere with the educational program.
In order to receive appropriate discounts and maintain good vendor relations, the Board directs the prompt payment of salaries and bills, but only after due care has been taken to assure that such amounts represent proper obligations of the District for services and/or materials received.
The Superintendent will implement procedures for the review of purchase invoices to determine that items or services are among those budgeted, itemized goods or services have been satisfactorily supplied, funds are available to cover payment, and invoices are in order and for the contracted amounts.
Adopted: date of
manualManual adoption
EXHIBIT
PAYMENT PROCEDURES
RESOLUTION AUTHORIZING THE EXECUTION OF
WARRANTS BETWEEN BOARD MEETINGS
WHEREAS, A.R.S. 15-321 sets forth the procedures for execution of warrants drawn on the District, and
WHEREAS, said statute provides that an order for salary or other expense may be signed between Board meetings if a resolution to that effect has been passed prior to the signing and that order is ratified by the Board at the next regular or special meeting of the Governing Board;
NOW, THEREFORE, BE IT RESOLVED, that said statutory procedure be, and herein is, ordered for use in the District in accordance with the provisions of A.R.S. 15-321.
This resolution was moved, seconded, and passed at a meeting of the Flagstaff Unified School District No. 1 ________________________ Governing Board on ____________________, 20____.
ATTEST:
____________________________________
President
The District will establish two (2) or more days in each month as fixed paydays for payment of wages in accord with Arizona Statute. Employees may choose to have their salaries paid in full upon the last pay date following completion of their assignments or may annualize their pay. Employees who choose to receive payment of wages beyond the period in which the wages were earned (deferred payment) will be subject to Internal Revenue Service (IRS) penalties unless they provide a written election of such deferral prior to the first duty day of the year of deferral. Forms for such deferral shall be made available. Any change to the election must be made prior to the first duty day of the fiscal year of the deferment.
An employee who quits the service of the District shall be paid all wages due on the regular payday for the pay period during which termination occurs. Such wages may be paid by mail if requested.
An employee who is discharged from service of the District shall be paid all wages due within ten (10) calendar days from the date of discharge.
Adopted:
February 12, 2008date of Manual adoption
LEGAL REF.:
A.R.S.
15-502
23-351
23-353
CROSS REF.:
GCQF - Discipline, Suspension, and Dismissal of Professional Staff Members
GDQD - Discipline, Suspension, and Dismissal of Support Staff Members
EXHIBIT
PAYROLL PROCEDURES / SCHEDULES
DEFERRED WAGE PAYMENT ELECTION FORM
By my signature I hereby acknowledge that I have read and understand the School District's policy on deferred wages. Furthermore, by my signature on this form I am electing to defer payment of my wages on an annualized basis consisting of twenty-six (26) payments. I understand that any change from an annualized election of payment requires that I notify the District prior to the beginning of duty for the fiscal year in which the change is being given.
___________________________________ _ ___________________________
Signature
Signature Position
___________________________________ _ ___________________________
Printed name Date Date signed
The Superintendent shall establish procedures that conform to all requirements of the law and all policies of the District, that ensure employees receive paychecks not later than the stated payroll dates, and that ensure all amounts withheld from employee compensation are remitted and reported appropriately, correctly, and timely.
Involuntary Deductions (Public Record)
Federal and Arizona income taxes, Social Security (OASI/FICA), and employee contributions to the Arizona State Retirement System (ASRS) will be deducted as mandated by state and federal statutes. All other deductions must be authorized by the Board and the employee unless ordered by a court of competent jurisdiction.
Voluntary
Deductions and
Deductions and Redirections
(Not Public Record)
The following deductions and redirections have been authorized by the Board:
● Insurance premiums of District authorized programs A. Insurance premiums for staff members or dependents who are being covered under Board-approved Section 125 Section 125 cafeteria programs.
● Direct B. Direct deposits of net payroll with financial institutions.
● TaxC. Tax-sheltered annuities for companies approved by the District.
● U.D. Credit union deposits.
E. U.S. Savings Bonds.
● Professional F. Professional dues.
● Contributions G. Contributions to qualified District approved charitable organizations.
● Contributions to Arizona school tuition organizations.
● Contributions H. Contributions to a public school operated by Flagstaff Unified School District for the support of extracurricular activities or character education programs of the of the public school.
Adopted: December 13, 2011date of Manual adoption
LEGAL REF.:
A.R.S.
15-121
15-135
23-352
23-361.02
35-146
35-147
42-2001
43-401
School employees who incur expenses in carrying out their authorized duties shall be reimbursed by the District upon submission of allowable supporting receipts, provided that prior authorization has been granted by the Superintendent.
Reimbursement amounts shall not exceed the maximums established pursuant to A.R.S. 38-624.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-342
38-621 et seq.
38-624
Uniform System of Financial RecordsUSFR: VI.I.
CROSS REF.:
EEB - Business and Personnel Transportation Services
Monies collected by school employees and by student treasurers shall be handled in accordance with prudent business procedures as outlined by the U.S.F.R.Uniform System of Financial Records (USFR). All monies collected shall be receipted, accounted for, and directed without delay to the proper location of deposit.
In no case shall money be left overnight in school buildings, except in safes provided for safekeeping of valuables.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-341
REGULATION
SALARY DEDUCTIONS
Payroll Deductions - Standard
The administration of the payroll salary deduction program shall operate without cost or contribution from the District other than the incidental expense of making the deductions and remittances to the payees. If any payee or employee requests additional services, the appropriate District office may require payment for the additional cost of providing such services.
As a means of readily identifying the employees from whom payroll deductions are to be made, the payroll office may request an employee to enter such employee's Social Security identification number on payroll deduction authorizations. The form for any payroll deduction shall be subject to approval by the business office.
Voluntary wage assignments for the satisfaction of debts, except as provided above, will not be honored.
Arizona State Retirement System: All staff members who work at least twenty (20) weeks and at least twenty (20) hours or more per week are required by state law to make contributions to the Arizona Retirement System (38-711.22(b)).
Anyone working less than twenty (20) hours will not be eligible to participate in the Arizona State Retirement Fund.
The system provides for retirement, death, and/or termination benefits for employees. It is funded by employer and employee contributions.
Staff members may withdraw their contributions upon termination of employment with the District, but they are cautioned to check the benefits they may be eligible to receive if they elect to leave the contributions on deposit. Staff members are encouraged to communicate their concerns to the Arizona State Retirement System, P.O. Box 33910-3910, Phoenix, Arizona 85067. The retirement office is located at 3300 N. Central Avenue in Phoenix.
Social Security (OASI) payments: Federal statutes require that all staff members contribute to Social security. Staff members are eligible for all federal benefits in addition to Arizona State Retirement.
Federal withholding (income tax): Federal withholding taxes are deducted from each paycheck. The amount withheld is subject to Internal Revenue Service regulations.
Arizona state withholding (income tax): An amount as prescribed by law or rule.
Payroll Deductions - Optional
For the convenience of its employees, the District shall, with proper employee authorization and compliance with established dates, initiate optional payroll deductions.
● There shall be no payroll salary deductions from the compensation of employees or the District except as specifically authorized by federal or state law or regulation, or by policy. No District officers or employees may authorize any other deductions.
● In addition to the payroll salary deductions required by federal or state law or regulation, employees of the District may authorize deductions to be made from their salaries or wages for the payment of:
■ Premiums on any health benefits, disability or group life plans, and any existing insurance programs authorized by the Governing Board.
■ Dues in an association composed principally of employees and former employees of the District or other public governmental agencies, subject to the following criteria:
⇒ When composed of at least twenty-five percent (25%) of the administrative personnel of the District; or
⇒ When composed of at least twenty-five percent (25%) of the teachers, counselors, and librarians, considered for purposes of this policy to be a single group of employees; or
⇒ When composed of at least twenty-five percent (25%) of the support staff employees of the District.
For the purposes of this paragraph, the number of employees in any one (1) of the three (3) categories set forth above shall be measured as of October 1 of each year. Should the membership of a recognized association fall below the criteria set forth in the section above on association dues, or should the members of the association engage in a work slowdown or work stoppage, the dues deduction authorized by this policy shall be discontinued immediately.
● Deferred compensation or tax-sheltered-annuity salary reductions, when made under plans authorized by law and approved by the Governing Board.
● Contributions made to a District approved charitable organization that is organized and operated exclusively for charitable purposes, provided a fund drive by such an organization shall be applicable to all District employees. The number of charitable deductions allowed will be based on District qualified charitable organizations.
● Payments ordered by courts or administrative agencies of competent jurisdiction.
Sale or Lease of Property
The Board may sell or lease to the state, a county, a city, another school district or a tribal government agency any school property required for public purpose provided the sale or lease of the property will not affect the normal operation of a school within the District.
Disposition of Surplus Materials
The School District shall determine the fair market value of excess and surplus property. Except as provided in A.R.S. 15-342, surplus materials, regardless of value, shall be offered through competitive sealed bids, public auction, established markets, trade-in, posted prices, or state surplus property. If unusual circumstances render the above methods impractical, the District may employ other disposition methods, including appraisal or barter, provided the District makes a determination that such procedure is advantageous to the District. Only United States Postal Money Orders, certified checks, cashier's checks, or cash shall be accepted for sales of surplus property unless otherwise approved by the District or for sales of less than one hundred dollars ($100).
Exceptions for Disposition of Learning
Materials
Materials and Equipment
The Board authorizes the Superintendent to establish regulations for the disposal of surplus or outdated learning materials to nonprofit community organizations when it has been determined that the cost of selling such materials equals or exceeds estimated market value of the learning materials.
The Board may sell used equipment to a charter school before attempting to sell or dispose of the equipment by other means.
Competitive Sealed Bidding
Notice of the sale bids shall be publicly available from the District at least ten (10) days before the date set for opening bids. Notice of the sale bids shall be mailed to prospective bidders, including those on lists maintained by the District pursuant to A.A.C. R7-2-1023. The notice of the sale bids shall list the materials offered for sale; their location; availability for inspection; the terms and conditions of sale; and instructions to bidders, including the place, date, and time set for bid opening. Bids shall be opened publicly pursuant to the requirements of A.A.C. R7-2-1029.
The award shall be made, in accordance with the provisions of the notice of the sale bids, to the highest responsive and responsible bidder, provided that the price offered by such bidder is acceptable to the District. If the District determines that the bid is not advantageous to the District, the District may reject the bids in whole or in part and may resolicit bids, or the District may negotiate the sale, provided that the negotiated sale price is higher than the highest responsive and responsible bidder's price.
Auctions shall be advertised at least two (2) times prior to the auction date in a newspaper of the county as defined in A.R.S. 11-255. Advertisements must be at least seven (7) days apart. All of the terms and conditions of any sale shall be available to the public at least twenty-four (24) hours prior to the auction date.
Before surplus materials are disposed of by trade-in to a vendor for credit on an acquisition, the District shall approve such disposal. The District shall base this determination on whether the trade-in value is expected to exceed the value realized through the sale or other disposition of such materials.
An employee of the District or a Governing Board member shall not directly or indirectly purchase or agree with another person to purchase surplus property if said employee or Board member is, or has been, directly or indirectly involved in the purchase, disposal, maintenance, or preparation for sale of the surplus material.
State Surplus Property Manager
Except as provided in A.R.S. 15-342, the District may enter into an agreement with the State Surplus Property Manager for the disposition of property pursuant to Article 8 of the Arizona Procurement Code [A.R.S. 41-2601 et seq.) ] and the rules promulgated thereunder.
Donation of Surplus
The Board may donate surplus or outdated learning materials, educational equipment and furnishings to nonprofit community organizations where the Board determines the anticipated cost of selling the learning materials, educational equipment or furnishings equals or exceeds the estimated market value of the materials.
Offer to Sell
The Board may offer to sell outdated learning materials, educational equipment or furnishings at a posted price commensurate with the value of the item to pupils who are currently enrolled in the District before those materials are offered for public sale.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-189
15-341
15-342
A.A.C.
R7-2-1131
A.G.O.
I80-036
I80-189
U.S.F.R. Sec. III-J-5(10); App. B(6)
CROSS REF.:
BCB - Board Member Conflict of Interest
GBEAA - Staff Conflict of Interest
IJJ - Textbook/Supplementary Materials Selection and Adoption
In order to provide services that are supportive of the educational program, the Board establishes these broad goals:
● To A. To provide a physical environment for teaching and learning that is safe and pleasant for students, staff membersstaff members, and the public.
● To B. To provide safe transportation for students who ride the school bus to and from school.
● To C. To provide services, resources, and assistance with maximum responsiveness in terms of timeliness and degree of fulfillment of responsive to the needs of the educational programs as they develop.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-341
The Superintendent will establish procedures to protect the safety of all students, employees, visitors, and others present on District property or at school-sponsored events.
The practice of safety shall also be considered a facet of the instructional plan of the District schools by virtue of educational programs in sex offender awareness, traffic and pedestrian safety, driver education, fire prevention, indoor air quality (IAQ), and emergency procedures, appropriate for students at different grade levels. General areas of emphasis shall include, but not be limited to: in-service training; accident record keeping; plant inspection; driver and vehicle safety programs; fire prevention; school site selection; and emergency procedures and traffic safety problems relevant to students, employees, and the community.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
13-2911
15-151
15-341
15-507
23-403
23-408
CROSS REF.:
EBAA - Reporting of Hazards/Warning Systems
ECB - Building and Grounds Maintenance
JLIF - Sex Offender Notification
REGULATION
SCHOOL PROPERTIES DISPOSITION
Requirements and Procedures for Disposal
of Equipment and to Report Lost
or Stolen Equipment
For the purposes on these matters, disposal will also mean trade-in, sale, or transfer.
Requirements. The following are specific requirements for disposal of school property:
● No disposal of equipment should take place without, or prior to, receiving approval from the authorized school Board agent.
● A written request must be submitted using "Request for Authorization to Dispose of Equipment" form and signed by a principal/department head.
● When reporting lost or stolen school property, the police report number must be included.
● Internal audits may be necessary to monitor compliance of procedures for disposal of school property.
Procedures. To dispose of school property, the requesting party must file a "Request for Authorization to Dispose of Equipment" form providing all information available. It must be signed by the school principal or department head and sent to the Board agent for approval.
Copies of the approved forms will be distributed to the parties involved.
The parties involved:
● The originator will:
■ Fill out request form.
■ Keep log of disposal requests.
■ Send request (all copies) to Board agent for approval.
■ Receive yellow copy of all approved requests.
■ Use the approved yellow copy as an order to proceed.
■ Check mark log when transaction is completed.
■ Save log list and yellow copy with location property listing until an updated listing reflecting the change is provided.
● The Board agent will:
■ Approve or disapprove all requests.
■ Send approved requests (all copies) to the property control clerk.
● The property control clerk will:
■ Keep original copy and make distribution of yellow, pink, and extra copies as needed.
■ Attach to original copy all supporting documents needed to establish that the transaction is completed.
■ Update property listing and generate any necessary adjusting entries.
● The purchasing director will:
■ Receive pink copy on trade-ins and sales of equipment.
■ Attach supporting documents to pink copy, sign it, and send it to the property control clerk.
● The maintenance director will:
■ Receive pink copy when services are required to destroy or to store items, and extra copy when delivery services are needed.
■ Use either copy as an order to proceed.
■ Send signed pink copy to the property control clerk.
● The principal/department head will:
■ Receive pink copy and extra copy when receiving a transferred item.
■ Sign pink copy to acknowledge receipt and send it to the property control clerk.
■ Save extra copy with location property listing until an updated listing reflecting the change is received.
● The internal auditor will:
■ Report audit findings to the Board agent.
REGULATION
ENVIRONMENTAL AND
SAFETY PROGRAM
Responsibilities of the maintenance supervisor:
● Maintain A. Maintain an overall safety program in maintenance and operation of buildings and grounds.
● Provide B. Provide specialized assistance as requested by building school principal.
C. Coordinate with the District Indoor Air Quality Coordinator who will monitor indoor air quality.
D. Document District responses to the biennial information on improving and maintaining the indoor air quality (IAQ) in school buildings, which is required by A.R.S. 15-2002(A)(14) to be distributed to school districts by the School Facilities Board.
Responsibilities of the building school principals:
● Schedule A. Schedule regular inspections.
● Post B. Post required state and federal safety regulations and maintaining maintain appropriate safety records.
● Arrange C. Arrange for the correction of defects reported to them by employees in the building by requesting assistance from assistance from the maintenance department.
● Cooperate D. Cooperate in the correction of defects reported by the maintenance department or other school administrators.
E. Implement procedures to monitor and maintain safe indoor air quality.
Responsibilities of the transportation supervisor:
● Maintain A. Maintain standards for certification of school bus drivers.
● Maintain B. Maintain standards for periodic inspection and maintenance of school buses.● Maintain
C. Maintain standards for school bus operation and idling procedures for gasoline, diesel, and alternative fuel engines which minimize air pollution by buses.
Responsibilities of other employees:
● Report A. Report promptly to the principal of the school or immediate supervisor any events or situations which may cause increased air pollution within the school or on the campus and any defects in buildings, grounds, or equipment or equipment that might prove injurious to the safety, health, or comfort of students, employees, or other personsother persons.
● Take B. Take reasonable precaution for the safe use of buildings, grounds, and equipment by students.
Responsibilities of students:
● Avoid A. Avoid the following behaviors:
■ Setting 1. Setting off a false fire alarm.
■ Misusing 2. Misusing the fire alarm system, fire extinguishers, or other fire protection and safety equipment.
■ Setting 3. Setting a fire in the building or on the school grounds.
● Report4. Taking any action or creating any situation which either directly or indirectly affects indoor air quality in an adverse manner.
B. Report promptly to the principal of the school or other appropriate school employee any defects in buildings, grounds grounds, indoor air quality, or equipment that might prove injurious to the safety, health, or comfort of employeesof employees, students, or other persons.
Responsibilities of other individuals utilizing school buildings:
● Refrain A. Refrain from abusing safety equipment, such as fire extinguishers, alarm systems, et cetera.
● Report B. Report promptly to the Superintendent or another school employee any defects in buildings, grounds, indoor air quality, or equipment that might prove injurious to the safety, health, or comfort of students, employees, or other or other persons.
(Pesticide Application Notice)
The intent of this policy is to ensure that students, employees, and parents/ guardians receive adequate notice prior to pesticide application.
In accord with A.R.S. 15-152, the District shall:
● Provide A. Provide notice of pesticide application during a regular school session to students, employees, and parentsand parents/guardians, given in a form reasonably calculated to provide a warning at least forty-eight (48) hours prior hours prior to such application.
● Provide continuing instruction for students absenting themselves.
● Post the areas scheduled to receive pesticide application.
● Maintain written records of pesticide applicationB. Provide for oral notification to pupils and employees during the regular school session.
C. Provide written, electronic or telephonic notification to parents or guardians at least forty-eight (48) hours prior to the application of pesticides.
Pest-control applicator(s) employed by the District shall provide the school contact person with notice at least seventy-two (72) hours prior to the date and time the application of pesticides is to occur, including in such notice the brand name, concentration, rate of application, pesticide label, material safety data sheet, the area or areas where the pesticide is to be applied, and any use restrictions required by the pesticide label. Prior to the application, the applicator shall provide the school contact person with a written preapplication notification containing the following information:
● The A. The brand name, concentration, rate of application, and any use restrictions required by the label of the herbicide the herbicide or specific pesticide.
● The B. The area or areas where the pesticide is to be applied.
● The C. The date and time the application is to occur.
● The D. The pesticide label and the material safety data sheet.
In case of pesticide applications performed for or by public health agencies or emergency applications because of immediate threat to the public health, the licensed applicator shall give the school site office oral and, if possible, written notice, with posting of the area to be treated in accord with A.R.S. 32-2307.
The Superintendent may require the pest-control applicator to fill out and make all required postings in accord with statute and with District policy and regulation. The name and telephone number of the applicator shall be attached to any posting.
Only a certified applicator may apply pesticides at a school.
The Superintendent shall prepare regulations for the implementation of this policy.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-152
32-2301
32-2307
32-2311.01
CROSS REF.:
IKEA - Make Up Opportunities
REGULATION
REPORTING OF HAZARDS /
WARNING WARNING SYSTEMS
(Pesticide Application Notice)
The site school administrator shall be the contact person for providing information regarding pesticide application activities at the school, including but not limited to giving oral and written notification, supervising the posting of notifications as required, and maintaining records of pesticide-application notifications.
Oral and Written Notice
All oral and written notification shall contain, at a minimum, the date, time, general areas to be treated, and brand name of the pesticide to be applied. During the regular school session, and not less than forty-eight (48) hours prior to pesticide application, notification shall be provided in the manner indicated below.
● Oral A. Oral notification to all students and school employees shall be provided by means of:
■ School 1. School public address systems; or
■ Assembly 2. Assembly communications; or
■ Staff 3. Staff meeting announcements; or
■ Any 4. Any similar means reasonably calculated to provide sufficient notice in advance of pesticide application.
● Written B. Written notification to the parents or guardians of enrolled students shall be provided by means of:
■ Weekly 1. Weekly school lunch menus; or
■ Special 2. Special communications; or■ Newsletters
3. Newsletters; or
■ Any 4. Any similar means reasonably calculated to provide sufficient notice in advance of pesticide application.
Posting of Notice
No less than forty-eight (48) hours prior to pesticide application, signs measuring at least eight and one half inches by eleven inches (8 1/2" x 11") shall be posted to identify pesticide application areas. The signs shall display:
● The A. The words "warning - pesticides."● The
B. The registration number issued by the United States Environmental Protection Agency.
C. The date and time of the application.
● A D. A phone number for the school contact person and one (1) for the licensed pesticide applicator.
The signs shall be placed at:
● The A. The main entrance to all buildings where pesticide is to be applied.
● Playing B. Playing fields where pesticide is to be applied.
The signs may be removed no less than forty-eight (48) hours after the pesticide is applied.
CROSS REF.:
IKEA - Make Up Opportunities
Adequate and prompt accident reporting is essential if similar accidents are to be prevented. If there are injuries or property damage, prompt reports are also vital in assuring the District of insurance coverage.
Reports will be filed on accidents that take place on school property or that involve school vehicles, students, or staff members on school-sponsored trips, including staff members on authorized school business trips. Such reports are required whether or not there are any immediately evident injuries or damage to property.
Any employee of the District who suffers a job-related injury/accident must file a report with the District business office within five (5) days after the date of occurrence. Should circumstances render the individual unable to submit such a report within five (5) days, the time limit may be extended.
Injury accidents should be promptly reported to the District's liability carrier . The meaning of promptly is defined in the District's insurance policy determined by the conditions established with the carrier.
The administration shall establish procedures for filing accident reports, and shall make sure reports include details that ( 1) might be helpful in preventing similar accidents in the future, ( 2) are needed for filing insurance claims, and ( 3) might be important in case of litigation.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
23-427
23-904
CROSS REF.:
GBGC - R - Employee Assistance
GBGD - Workers' Compensation
REGULATION
ACCIDENT REPORTS
(Student Accidents)
Employees are to report to the nurse or office any accident involving a student who is at school.
For any student who is injured on school grounds, in a school building, or in connection with a school-related or approved activity, an accident report form is to be completed by an employee who is at the scene of the accident.
A student who is ill should be sent to the nurse or the office, with an appropriate pass. If a student is sent home (only with parent knowledge), the teacher will be notified. Students are discharged to go home only from the office.
Any special health concern should be reported to the nurse.
A written report of an accident shall be made by the building school principal to the Superintendent not later than noon of the school day following the incident. The insurance carrier shall be notified as appropriate.
After reviewing each accident report, the Superintendent will forward the report to the school nurse, who will maintain a file of accident reports.
EXHIBIT
ACCIDENT REPORTS
STUDENT ACCIDENT REPORT
School ___________________________ Date of report _______________
School address __________________________________________________
Name ____________________________ Sex: ◻ Male ◻ Female _____________________________
Sex: o Male o Female Grade ______ Age Date of Birth ______ _________
Home address ___________________________________________Phone _______
Phone ___________________ Teacher _______ Teacher _____________________
E-mail address ______________________________________________________
Time of accident: Hour __________ _ ◻ o a.m. ◻ o p.m. Date ___________________
Place of accident: ◻ o School building ◻ o School grounds ◻ o To or from school
◻ o Interscholastic athletics
Witness name __________________ Address _________________________
Phone number ________________ Title/Position _____________________
_____________
Description of Accident
How did the accident happen? What did the student state? (Use quotes.) Where was the student? Describe first aid given.
_____________________________
Description of Accident:
What occurred and how did it occur? Using quotation marks appropriately, what did the student state? Where was the student?
______________________________________________________________
______________________________________________________________
_______________________________________________________________
________________________________________________________________________
________________________________________________________________________
____________________________
Signature of person reporting
_______________________________________________
Was the parent or other individual notified? ◻ No ◻ Yes o No o Yes When? _______________
Name of individual notified ____________________ ____ How How? _______________
By whom? __________________________________________________________
First aid treatment __________________ ____ By By whom?____________________
◻ o Called 911; Sent to: ◻ Home ◻ Physician ◻ Class ◻ o Home o Physician o Class o__________ ____ Hospital
How was student transported? __________________________________________◻
o District office notified. Time __________ By whom? _______________________
_______________________________________________Location ◻ Athletic field ◻ Playground ◻ Classroom ◻
Location o Athletic field o Playground o Classroom o Corridor
of ◻ Cafeteria ◻ Dressing room ◻ Gymnasium ◻ o Cafeteria o Dressing room o Gymnasium o Home ec.
accident: ◻ Bus ◻ Science lab ◻ Rest room ◻ School grounds ◻ Shop
◻ Showers ◻ Stairs ◻ Bus stop ◻ o Bus o Science lab o Rest room o School grounds
o Shop o Showers o Stairs o Bus stop o Other: _________
Follow-up:
Report to law enforcement agency or fire department? o Yes o No
Agency/Dept. _________
Follow-up
____________ Date of Report: _______________
Officer ID Number ________________ D.R./I.R. # _____________________
Agency/Dept. Response ___________________________________________
_______________________________________________________________
Other __________________________________________________________
_______________________________________________________________
Total number of days absent: _______ Nature of injury: ◻ o Abrasion
◻ Amputation ◻ o Amputation o Animal bite ◻ o Avulsed tooth ◻ o Fracture
◻ o Human bite ◻ Laceration ◻ Puncture ◻ Scratches ◻ Sprain
◻ Strain ¨ o Laceration o Puncture o Scratches o Sprain
o Strain o Other: ____________________________________________________
Part of body injured: ◻ Ankle ◻ Arm ◻ Back ◻ Clavicle ◻ Elbow
◻ Eye ◻ Face ◻ Finger ◻ Foot ◻ Hand ◻ Head ◻ Knee ◻ Leg
◻ Nose ◻ Scalp ◻ Toe ◻ Tooth ◻ Wrist ◻ o Ankle o Arm o Back o Clavicle o Elbow
o Eye o Face o Finger o Foot o Hand o Head o Knee o Leg
o Nose o Scalp o Toe o Tooth o Wrist o Other: _______________________
_________________________ ________ ______________________ _______
Superintendent Superintendent's signature Date Hsignature Date H/A or Nurse signature Datesignature Date
The Superintendent will develop and maintain District emergency plans for each school, department, and other facilities in the District and will coordinate such plans with the local law enforcement, fire, medical and hospital authorities as necessary. Training components for staff and students shall be included in the Superintendent's emergency plans.
Emergency response plans are confidential and exempt from public disclosure. The District shall not release emergency response plans to the public as part of a public records request. [A.R.S. 41-1803(G)]
The plans will be in accordance with minimum standards developed jointly by the Department of Education and the Division of Emergency Management within the Department of Emergency and Military Affairs. The plans will designate specific emergency drills to be conducted. Local responders shall periodically be invited to review the plan(s).
Emergency plans developed by the Superintendent will be presented annually to the Board.
Adopted: June 25, 2013date of Manual adoption
The decision to delay opening of school or to dismiss school early will be made by the Superintendent.
If possible, the Board President will be informed of such decision and will be notified when all students have departed from school.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-341
REGULATION
WEATHER - RELATED AND
EMERGENCY CLOSINGS
Delayed Opening
If the Superintendent decides to delay the opening of school, the police and the local broadcast media will be notified, requesting that they assist in disseminating the information.
All staff members will report to their assigned schools to assist in the supervision of students.
School Closing
If the Superintendent decides to cancel classes for the day, the police and local broadcast media will be notified and asked to assist in disseminating the information.
Early Dismissal
If the Superintendent decides to dismiss school early, the procedure shown below will be followed for early dismissal of students:
● Students A. Students will be released from school only after the principal has ascertained that appropriate notice has been has been given to parents or guardians. Staff members may be released by the principal when they are no longer needed no longer needed to supervise students.
● The B. The principal will remain at the school until all students have departed.
REGULATION
ACCIDENT REPORTS
(Compensation Claims)
Accident Reports
Any employee of the District who suffers a job-related injury/accident must file a report with the District business office within five (5) days after the date of occurrence. Should circumstances render the individual unable to submit such a report within five (5) days, the time limit may be extended.
Compensation Claims
When a job-related injury/accident requires medical attention and absence from the workplace, the following conditions shall apply:
● The physician will be responsible for reporting the circumstances of the injury to the District, the Industrial Commission, and the District's insurance carrier.
● During the first seven (7) days of absence due to a job-related injury/accident, the employee will be placed on sick leave, provided the employee has accumulated sufficient sick leave.
● If a job-related injury/accident results in more than seven (7) days' absence, the insurance carrier will be responsible for handling the claim for lost pay. During such period the employee may be directed to:
■ Endorse over to the District the payments received from the insurance carrier, continue to receive a regular salary, and be charged sick leave. When the amount of the insurance payment is determined and received by the District, the employee's sick leave record will be adjusted for that fraction of the time paid by the insurance carrier (e.g., the insurance carrier pays one-half (1/2) of the normal salary of the employee, the sick leave will be adjusted on a pro rata basis); or
■ Draw compensation from the insurance carrier, provide the District with a record of such payment, and receive payment for sick leave pay for the uncompensated portion of missed time, up to the limit of accumulated sick leave.
● In no event will an employee receive a combined salary and worker's compensation in excess of the employee's regular salary.
● An employee who has used all accumulated sick leave will be removed from the payroll and will receive only such amounts as are paid by the District's insurance carrier.
The Superintendent will develop plans and procedures that will:
● Enhance A. Enhance the security of District property.
● Minimize B. Minimize fire hazards.
● Provide C. Provide for the keeping of records and funds in a safe place.
● Protect D. Protect against vandalism and burglary.
● Provide E. Provide for the prosecution of vandals.
● Provide F. Provide for and encourage employee responsibility for furniture, textbooks, reference material, and other District other District materials, equipment, and supplies assigned to the employee's care.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
13-3715
REGULATION
SECURITY
Access to school buildings and grounds will be established by the Superintendent in accordance with the following:
A. Unlimited access - the Superintendent, assistant superintendent, business manager, and maintenance supervisor.
B. Limited access - school principals, assistant principals, teachers, custodians to their assigned buildings, and extracurricular sponsors, counselors, and supervisors for their respective areas or activities.
Possession of keys shall be in accordance with the following principles:
● A. A log of key assignments shall be maintained by the office of the Superintendent or other designated office.
● Unassigned B. Unassigned duplicate keys shall be maintained in a safe or a secured box.
● Individuals C. Individuals assigned keys may not duplicate or loan them.
● All D. All keys must be surrendered when no longer needed or upon request by the Superintendent.
● The E. The loss of a key must be reported to the Superintendent upon discovery of the loss, and the employee may be may be required to pay for rekeying or replacing all affected locks.
● Use F. Use of keys for unauthorized purposes will be cause for surrender of keys. Employees will be subject to discipline to discipline and/or dismissal for unauthorized use of keys.
● A G. A set of master keys and/or duplicates of keys shall be kept in the custody of the Superintendent.
● The H. The employee will sign a receipt for keys assigned. The receipt will list the applicable rules.
EXHIBIT
SECURITY
Any person who, for oneself or for another, misuses a key to any building or other area owned, operated, or controlled by the District without authorization from the Governing Board/Superintendent is guilty of a Class 3 misdemeanor. Misuse of such a key, in this regard, includes:
● Manufacturing A. Manufacturing or causing the manufacture of a District key.
● Duplicating B. Duplicating or causing the duplication of a District key.
● Possessing C. Possessing a District key.● Using
D. Using a District key.
● Permitting E. Permitting the use of a District key.
Employees and students who are in violation of the above are subject to disciplinary action.
The Superintendent is authorized to sign a criminal complaint and to press charges against perpetrators of vandalism against school property.
Students who destroy school property through vandalism or arson, or who create a hazard to the safety of other people on school property, may be referred to law enforcement authorities. Such students who are caught vandalizing school property shall be subject to disciplinary action, including but not limited to suspension and expulsion. A conference with the student's parents will be required.
Parents and students shall be made aware that the law provides that parents are liable for the willful destruction of property by a minor in their custody or control.
The District may file suit to recover the cost of vandalism from the student and/or parent(s).
Adopted: date of
manualManual adoption
REGULATION
VANDALISM
The principal will establish a system through which students and members of the school community can report any instance of vandalism or suspected vandalism. Each employee of the District shall report to the principal or other administrator every perceived incident of vandalism and, if known, the names of those responsible.
(Personal Property)
The District shall not assume responsibility for the loss of, or damage to, personal property stored, installed, or used on school premises.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-341
Adequate maintenance of buildings, grounds and property is essential to efficient management of the District.
The Board directs a continuous program of inspection and maintenance of school buildings and equipment. Wherever possible, maintenance shall be preventive and will focus on providing an on-going healthy learning environment for both students and school personnel. Emphasis will be placed on the implementation of a District Indoor Air Quality (IAQ) Management Plan in order to minimize indoor air pollution.
The Superintendent shall appoint a District IAQ Coordinator who will develop and implement inspection, maintenance, repair, use, and disposal schedules as applicable for buildings, HVAC systems, new construction and renovations, chemicals and other materials.
Routine preventative maintenance guidelines for facilities, and submit the guidelines means services that are performed on a regular schedule at intervals ranging from four (4) times a year to once every three (3) years, or on the schedule of services recommended by the manufacturer of the specific building system or equipment.
The Superintendent shall oversee the development and implementation of routine preventative maintenance guidelines covering the District's:
A. plumbing systems,
B. electrical systems,
C. heating, ventilation and air conditioning systems,
D. special equipment and other systems, and
E. roofing systems, including visual inspections performed by District personnel to search for signs of structural stress and weakness.
A roofing inspection is required to be:
A. Accomplished prior to any repair or replacement of roof elements or roof mounted equipment performed in accordance with the requirements of the local building official requiring a permit.
B. Conducted by a registered structural engineer or other professional with appropriate skills, training and certification.
District preventive facilities maintenance guidelines shall be submitted to the School Facilities Board for review and approval.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-341
15-342.01
15-2002
15-2031
15-2032
15-2131
15-2132
CROSS REF.:
EB - Environmental and Safety Program
JLIF - Sex Offender Notification
The District shall provide for the central purchasing, receiving, warehousing, and distribution of supplies, equipment, and materials common to the requirements of all schools.
A District warehouse shall be operated as an adjunct of the business office to store and distribute supplies as requisitioned by staff members.
All materials needed for instruction, business, and custodial operations of the individual schools shall be ordered from the warehouse when available from that source.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-213
Employees are responsible for the proper care of all District facilities, equipment, and property in their custody or control.
Control of District property shall be through, but not limited to, an accurate fixed inventory system of all District furniture and equipment that exceeds one thousand dollars ($1,000) in value.
The Superintendent may establish procedures for transferring surplus or other materials and equipment.
Preventive Maintenance
The Superintendent shall establish a preventive-maintenance program that will extend the useful life for District equipment.
The Superintendent is authorized to use the services of specialists for such maintenance, and provision(s) shall be made in the annual budget for such services.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-341
15-721 et seq.
Uniform System of Financial Records: III-G-2
CROSS REF.:
DID - Inventories
REGULATION
MAINTENANCE AND CONTROL
OF MATERIALS AND EQUIPMENT
Surplus Equipment
Property that is surplus at any unit shall be transferred to the business manager for reassignment to other District locations where a need may exist for the equipment.
Transfer of Equipment
All transfer of property within a school or other District location must first have the approval of the principal or department head. Transfers of equipment from one school to another must be approved by the business manager, whether the transfer is temporary or permanent.
REGULATION
BUS SAFETY PROGRAM
A.A.C. R17-9-104 states, with respect to the authority of bus drivers, "Passengers shall comply with all instructions given to them by a school bus driver. A passenger or nonpassenger who has boarded the school bus and refuses to comply with the school bus driver's instructions may be surrendered into the custody of a person who is authorized by the school to assume responsibility for the passenger or nonpassenger."
Student behavior on a school bus should be the same as that in a well-ordered classroom with the exception that students are free to talk, but with no screaming or shouting.
Students using District-provided textbooks, subject-matter materials, supplementary books, or instructional computer software are responsible for loss of or any damage to these items. A student who needs a second copy of a textbook shall be required to pay for it.
Monies collected for these items shall be used in addition to budgeted monies for purchase of new textbooks, subject-matter materials, supplementary books, or instructional computer software.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-727
15-729
CROSS REF.:
JQ - Student Fees, Fines, and Charges
The Governing Board believes it to be our responsibility to ensure that every effort is made to conserve energy and natural resources while exercising sound financial management.
The implementation of this policy is the joint responsibility of the administrators, teachers, students, and support personnel, and its success is based on cooperation at all levels.
The District will maintain records of energy consumption and cost of energy and will provide information on the goals and progress of the energy conservation program.
The principals will be accountable for energy management on their respective campuses, with annual energy audits being conducted and conservation program outlines being updated. Judicious use of the various energy systems of each campus will be the joint responsibility of the principal and custodian to ensure that an efficient energy posture is maintained on an ongoing basis.
Curriculum will be developed to help ensure that students will participate in the energy management program in the District as "energy savers."
The Governing Board directs the Superintendent and/or designees to develop short- and long-range strategies in the areas of facilities management and curriculum development dealing with energy awareness and conservation.
Specific areas of emphasis include, but may not be limited to the following:
● Every student and employee will be expected to contribute to energy efficiency in the District. Every person will be expected to be an "energy saver" as well as an "energy consumer."
● All unnecessary lighting in unoccupied areas will be turned off. All lights will be turned off when students and teachers leave school. Custodian will turn on lights only in the areas in which they are working.
● No school thermostat will be set higher than seventy-two (72) degrees in the winter and lower than seventy-eight (78) degrees in the summer.
● The evening custodian at each school will be responsible for a complete and total shutdown of the facility when it is closed each evening.
Adopted: date of manual adoption
District equipment may be used by school or nonschool agencies and individuals for purposes that are not in conflict with any Arizona Revised Statute(s), federal or state rules or regulations, or Board policies, subject to the following:
● TheA. The District shall not incur any expense due to the use of materials or equipment.
● TheB. The Superintendent shall establish procedures for approval of the use of materials or equipment, or
shall submitshall submit requests to the Governing Board for review and action.
● TheC. The District shall not be in competition with any local business firm that could provide like equipment.
● RentalD. Rental fees will be charged or waived, as appropriate, by the District.
Any rental orIncome from charges will be
deposited in the Civic Center Fund.● Anydeposited to the civic center fund.
E. Any person or agency using such materials or equipment that is lost or damaged during such period of
use shalluse shall be required to reimburse the District for repair or replacement.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-1105
CROSS REF.:
KF - Community Use of School Facilities
EXHIBIT
ENERGY CONSERVATION
Energy costs can be reduced by consistently practicing energy saving methods such as:
● Turning off lights when they are not in use.
● Taking advantage of natural lighting when possible, and turning off equipment when possible.
● Scheduling equipment use to reduce the demand needed at certain times (e.g., cafeteria, vocational shop).
● Informing the principal when the classrooms become too warm, so as to ensure boiler shutoff (rather than opening windows).
● Having a responsible person control the thermostats at each school.
● Cleaning light fixtures.
● Regulating heating and air conditioning in areas where use is intermittent (e.g., auditoriums).
EXHIBIT
BUS SAFETY PROGRAM
SCHOOL BUS INCIDENT REPORT
___________________________________________________________
Bus No. Driver's Name Date
___________________________________________________________
Type of Incident
___________________________________________________________
Student's Name
Incident:
o Failure to remain seated o Throwing objects on bus
o Refusing to obey driver o Hanging out of window
o Fighting o Spitting
o Profanity o Disobeying bus monitor
o Lighting matches o Bothering others (see comment)
o Smoking on bus o Vandalism
o Throwing objects out of bus o Other (see comment)
Comments: _________________________________________________
___________________________________________________________
___________________________________________________________
Signature: __________________________________________________
Action taken by school: ________________________________________
___________________________________________________________
___________________________________________________________
____________________________________
Signature of School Official
In the budgeting process, the Governing Board may grant appropriations for transportation.
Transportation of students is a privilege extended to students in the District, and is not a statutory requirement except for necessary transportation of students with disabilities as indicated in their respective individual education programs.
The responsibility for the operation of student transportation shall be vested in the Superintendent. Reasonable efforts shall be made to eliminate any particular hazards that might adversely affect the safety and welfare of any student.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-342
15-764
15-921
15-922
15-923
15-945
15-946
28-900
28-901
The Board authorizes the administration to provide regular school bus transportation to and from school for the following categories:
● StudentsA. Students with disabilities who require transportation, as indicated in their respective individual
education programseducation programs.
● StudentsB. Students living within a one (1) mile radius of the school where hazardous or difficult routes exist and
where otherwhere other arrangements cannot be provided.
● StudentsC. Students who are residents within a school attendance area and:
■ If1. If common school students, live more than one (1) mile from the school.
■ If2. If high school students, live more than a mile and a
halfhalf (1 1/2) from the school.
● Transportation forD. Transportation for pupils who do not reside within an established school attendance area, limited to no more than twenty (20) miles each way to and from the school of attendance or to and from a pickup point on a regular transportation route or for the total miles traveled each day to an adjacent school for eligible nonresident pupils who meet the economic eligibility requirements established under the National School Lunch and Child Nutrition Acts (42 United States Code sections 1751 through 1785) for free or reduced-price lunches.
E. Transportation for homeless students to their school of enrollment, if it is the school of origin, will be
arranged asarranged as needed by the school liaison for homeless students.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-342
15-764
15-816.01
15-901
15-922
28-797
28-900
28-901
A.G.O.
I80-025
42 U.S.C. 11301, McKinney-Vento Homeless Assistance Act of 2001,
as amended by the Every Student Succeeds Act (ESSA) of 2015
CROSS REF.:
JFABD - Admission of Homeless Students
The safety and welfare of student riders is to be the first consideration in all matters pertaining to transportation. Toward that end, all District transportation department personnel, bus operators, and bus passengers shall comply with the applicable regulations of the rules adopted pursuant to A.R.S. 28-900 and the Minimum Standards for School Buses and School Bus Drivers promulgated by the Arizona Department of Administration , an and adopted as Chapter Nine of A.A.C. Title 17, and shall immediately report to the Superintendent any violation of rules or state statutes that threatens the health, safety, or welfare of a passenger.
Bus evacuation drills shall be conducted at least twice every school year at the school and shall include every passenger who rides a school bus and is in school on the day of the evacuation drill. Each bus driver shall participate in at least two (2) evacuation drills during each school year. The bus evacuation drill shall be conducted in compliance with the requirements set out by the Arizona Department of Administration Public Safety for such a drill.
All vehicles used to transport students shall be maintained in such condition as to provide safe and efficient transportation service with a minimum of delays and disruption of such service due to mechanical or equipment failure. Buses shall be replaced at such intervals as will provide good equipment at all times.
Students shall not be put off the bus until reaching their destination.
In addition to the regular state inspections, each school bus shall be inspected by the driver daily, before each use, to ascertain that it is in safe condition and equipped as required by all provisions of law, and that all equipment is in good working order.
Each school bus owned by, or contracted to, the District will conform to all applicable federal and state requirements as provided by the Commercial Motor Vehicle Safety Act of 1986 and A.A.C. Title 17, Chapter 9.
Each driver of a District-owned or District-contracted school bus, as defined by and covered by the Commercial Motor Vehicle Safety Act of 1986 and A.A.C. Title 17, Chapter 9, will conform to all requirements of said act the Act and such statutes as may govern state statutes, rules and regulations governing the operation of the vehicle.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-843
15-922
28-101
28-900
28-984
A.A.C.
R17-9-102
R17-9-104
R17-9-106
R17-9-108
Commercial Motor Vehicle Safety Act of 1986
49 U.S.C. 30101 (Standards and Compliance - School Buses and
School Bus Equipment)
EXHIBIT
AUTHORIZED USE OF SCHOOL - OWNED
MATERIALS AND EQUIPMENT
School equipment is provided to further the instructional purposes of the District. Alternate use of any equipment that conflicts with instructional programs is not authorized. School equipment may be used to further community cooperation efforts for staff in-service training and employee skill building.
No employee shall be permitted to make use of any District equipment (e.g., shop tools, computers, typewriters, etc.), facilities (e.g., buildings, shops, kitchens, etc.), or services (e.g., mechanical, typing, or clerical assistance, etc.) for any purpose connected with a venture undertaken by such employee for financial compensation, gain, or profit accruing to such employee or to any other person.
Teachers or instructional support staff members who wish to take equipment home for the purpose of preparing educational materials for use in the classroom or for other purposes directly related to their teaching duties must secure permission in writing from the building principal. In each such case the teacher assumes responsibility for the equipment and must pay fully for repair of the equipment if damaged or shall replace at full value the equipment if lost.
Vehicles and other motorized equipment such as lawn mowers, snowblowers, tractors, etc., are not available for nonschool use. Under special circumstances, as approved by the Superintendent, transportation vehicles operated by school employees may be used for community service.
Office equipment such as computers and typewriters may be used by school employees to enhance their skills. Such equipment is not available to nonschool staff members except volunteers in their school-related function.
Shop equipment may be used in community education programs under the supervision of qualified school instructors. School staff members may use shop equipment to strengthen their own instructional skills, but not for commercial projects leading to personal or other gain.
Copy equipment may not be used for personal use. With prior building principal approval, copy equipment may be used in conjunction with approved facility use by Class I groups under Policy KF. The District shall be compensated for such use through use fees prescribed by the District business manager or designee.
Use of gymnasiums, weight training equipment, swimming pools, etc., by District employees may be allowed by the building principal. Such use must be properly supervised and scheduled at such time as to not interfere with school activities or other approved use of District facilities under Policy KF.
Chairs, tables, portable stages, audiovisual equipment, musical instruments, etc., may be loaned by the Superintendent or principal in support of public community events consistent with the purposes of the District.
The on-site use of instructional computers by staff members and/or students may be authorized by the building principal. Authorization for such use will be limited to the following purposes:
● Completing homework assignments.
● Examining and using instructional software.
● Developing programs for school use.
● Preparing school-related materials and instructional plans.
● Becoming familiar with equipment operation.
● Other uses upon authorization by the building principal.
Unauthorized uses include:
● Activities for profit or hire.
● Nonschool activities such as financial record keeping.
● Illegal activities.
● Off-site use during school hours except when specifically authorized by the building principal.
In instances when equipment is loaned, and the Superintendent or principal deems it necessary because of risk and/or the value of the equipment involved, a Certificate of Insurance may be required with limits commensurate with the value of the equipment. The certificate must provide that the District will be given at least ten (10) days' advance written notice in the event of cancellation or material change in the coverage. Responsibility for loss or damage to any piece of furniture or equipment rests solely with the person signing the agreement, and such person shall immediately report loss or damage to the Superintendent.
EXHIBIT
BUS SAFETY PROGRAM
This checklist may be used by District officials as a guide for transportation documents or transportation handbooks.
Arriving at pickup point:
● Be A. Be on time. Leave home in good time so that you will arrive at the pickup point before the school bus.
● If B. If you have to walk along the road to reach the bus stop, walk on the left side facing oncoming traffic.
● Walk C. Walk on the shoulder of the road where possible, and not on the traveled portion.
● If D. If other students are waiting at the bus stop, get in line without pushing or crowding and stay off the roadway.
Board the bus:
● Line A. Line up in single file parallel to the roadway, with younger students in front, so they can board first.
● Wait B. Wait until the bus comes to a complete stop before attempting to get on board.
● Board C. Board the bus quickly but without crowding or pushing.
● Never D. Never run on the bus, as the steps or floor may be slippery, especially in wintertime. Place your foot squarely on squarely on the step, not on the edge, and use the handrail.
● Be E. Be particularly careful if you are carrying books or parcels, as it is difficult to see the steps and to hold the handrailthe handrail.
● Go F. Go directly to your seat and sit straight, well to the back of the seat, and face the front of the bus.
Conduct on the bus:
● The A. The bus will not move until all passengers are seated.
● Remain B. Remain seated throughout the trip, and leave your seat only when the bus has reached its destination and comes and comes to a complete stop.
● Keep C. Keep your books and parcels on your lap or put them under the seat or on the luggage rack.
● Keep D. Keep the aisle clear.
● Do E. Do not talk to the driver except in case of emergency.
● Avoid F. Avoid doing anything that might disturb or interfere with the driver. Refrain from loud or boisterous talking or yellingor yelling.
● Never G. Never stick hands, arms, head, or feet out of the windows of the bus.
● Do H. Do not open windows without the driver's permission.
● I. Do not throw anything within the bus or out of a window; you might injure a pedestrian or force a motorist to make to make a dangerous maneuver.
● J. Do not touch the emergency door or exit controls or any of the bus safety equipment.
● Do K. Do not discard refuse in the bus.
● Eat L. Eat at home or school, but not on the bus.
● M. Obey promptly the directions and instructions of the school bus driver.
Prohibited items:
● Tobacco A. Tobacco is not allowed in a school bus.
● Alcoholic B. Alcoholic beverages shall not be carried in a school bus.
● InsectsC. Insects, reptiles, or other animals shall not be transported in a school bus. [A.A.C. R17-9-104]
● No D. No weapon, explosive device, harmful drug, or chemical shall be transported in a school bus.
Exit from the bus:
● Remain A. Remain seated until the bus has reached its destination and comes to a complete stop.
● Do B. Do not push or crowd when leaving the bus.
Crossing the highway:
● If A. If you must cross the road, walk to a point about ten (10) feet in front of bus but do not cross until you can see that see that the driver has indicated that it is safe to do so.
● As B. As you cross the road, look continuously to the right and left. At an intersection, look in all directions.
● Cross C. Cross at right angles. Never cross the highway diagonally.
● Walk D. Walk briskly across the road, but do not run.
● Never E. Never cross the road behind the bus.
Accident or other emergency:
● In A. In case of an accident or emergency, older students should help the driver to maintain order and assist younger assist younger students.
● Stay B. Stay in the bus unless otherwise directed by the driver.
● If C. If you have to leave the bus, stay in a group and obey the driver's instructions.
● Do D. Do not expose yourself or others to needless hazard.
Procedures followed upon student misbehavior on school bus:
A. When a student misbehaves on a bus for the first time, the driver will explain to the offender the necessity for good behavior.
B. If, after talks and warning, the rider continues to violate the rules, the driver will inform the student that the rule violation will be reported to the principal. This report will include the use of a written form that lists the offense and the action taken by the principal.
C. Upon receiving the complaint and discussing it with the driver, the principal will then call the student to the office and warn the student that the parents must be notified that the student will be put off the bus if misbehavior reoccurs.
D. If poor conduct continues, the driver will again report the incident to the principal. After discussion it will be decided whether to take the bus-riding privilege away from the student, and, if so, for how long.
E. When a student is not allowed transportation by school bus, the principal will inform the parents of the penalty, the reason for it, and how long the penalty will last. In such cases, the parents become responsible for seeing that their child gets to and from school safely.
F. A student who is put off one (1) bus will be refused transportation by all drivers for the specified period of time.
(This section on student misbehavior shall be made available to parents and students in copy form.)
Bus drivers employed by the District or employed by contractors who provide transportation services to the District shall comply with applicable provisions of the Commercial Motor Vehicle Safety Act of 1986 and all applicable requirements of the state of Arizona.The District will assume the cost of required physical examinations for returning drivers after the initial physical, pursuant to the regulation that follows. The cost of the physical examination is to be limited to the amount established on an annual basis. Drivers will have the option of obtaining their physical examination from a District-specified doctor or their own private physician. Any charges by the driver's private physician in excess of the cost as established on an annual basis for physical examinations will be the responsibility of the driver. The driver will assume the cost of obtaining a valid commercial driver's license
Bus drivers shall submit an Identity Verified Fingerprint Card as described in A.R.S. 15-106 that the Department of Public Safety shall use to process the fingerprint clearance card as outlined in A.R.S. 15-106. A person who is issued a school bus driver certificate shall maintain a valid Identity Verified Fingerprint Clearance Card for the duration of any school bus driver certification period.
The District will assume the cost of required physical examinations, and the drivers will assume the cost of obtaining valid commercial driver's licenses as required by law.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-106
28-857
28-3228
A.A.C.
R17-4-801 508 et seq.
CROSS REF.:
GDFA - Support Staff Qualifications and Requirements
(fingerprinting requirements)
REGULATION
WALKERS AND RIDERS
Private and Parochial School Students
Private and parochial school students within the grade levels served by the District, residing within the District boundaries, may ride District buses on a space-available basis from the bus stops nearest their homes to the bus stops nearest their schools if additional cost is not required to provide this service. District buses may not make bus stops at private or parochial schools for the purpose of transporting students to and from school.
When buses are filled to capacity with public school students, private and parochial school students will not be bussed, because of additional financial costs to the District. The Governing Board will be informed prior to such action being taken.
The District will remain the sole determining agent with regard to space.
Mileage provisions as defined below will apply.
Transportation Policies
Boundaries for transportation:
● The District may provide transportation for elementary school students living more than one (1) mile distance from their designated schools, except as noted below in regard to "self-contained" neighborhoods.
● The District may provide transportation for middle school and high school students living more than one and one-half (1.5) miles from their designated schools, except as noted below in regard to "self-contained" neighborhoods.
● The Board may designate "self-contained" neighborhoods as appropriate for uniform treatment of all elementary or middle school and high school students, in which case the distance from a central location in the neighborhood to the school will be considered the distance for all.
Additional transportation policies:
● No transportation by bus will be permitted for students living within the boundary defined above, except for handicapped students pursuant to an individual education plan or unless the Board deems such transportation essential to eliminate undue hazards to safety, or to maintain optimum numbers of students in the various schools, or to improve racial and ethnic balance.
● No transportation by bus will be permitted to schools outside students' attendance areas, except that:
■ Students in special education programs or in special academic programs not available at the students' designated schools will be transported to another location at the discretion of the Board and/or school administration.
■ Transportation of students outside their attendance areas may be arranged by the school system if the efficient operation of the schools clearly requires it, as for relief of temporary overcrowding in specific schools, or for maintenance of racial and ethnic balance in school populations. Care must be taken to minimize frequent shifts causing successive involuntary moves for individual students.
● The rules governing eligibility for school bus transportation shall be enforced by bus lists or such method as the school officials shall deem most efficient.
The District is committed to the establishment of a drug and alcohol misuse prevention program that meets or exceeds all applicable requirements of the Omnibus Transportation Employee Testing Act of 1991 (Omnibus Act). All statements in this document will be interpreted so as to conform to the Department of Transportation rules.
Each employee of the District who is required to have a commercial driver's license (CDL) for performance of job functions shall be prohibited from:
● Reporting A. Reporting for duty or remaining on duty to perform safety-sensitive functions as defined in 49 CFR 382.107 while 107 while having an alcohol concentration of 0.04 or greater. [49 CFR 382.201]
● Being B. Being on duty or operating a commercial motor vehicle (school bus) while the driver possesses alcohol, unless unless the alcohol is manifested and transported as part of a shipment. This includes the possession of medicines of medicines containing alcohol (prescription or over-the-counter), unless the packaging seal is unbroken. [49 CFR 382.204]
● Using C. Using alcohol while performing safety-sensitive functions. [49 CFR 382.205]
● Performing D. Performing safety-sensitive functions within eight (8) hours after using alcohol. [49 CFR 382.207 and R17and R17-9-104102]
● Using E. Using alcohol within eight (8) hours following an accident or prior to undergoing a postaccident alcohol test, whichever whichever comes first. [49 CFR 382.299]
● Refusing F. Refusing to submit to an alcohol or controlled substance test as required under postaccident, random, reasonable reasonable suspicion or follow-up testing requirements in DOT rules. [49 CFR 382.211]
● Reporting G. Reporting for duty or remaining on duty, requiring the performance of safety-sensitive functions, when the driver the driver uses any controlled substance, except when the use is pursuant to the instructions of a physician who has who has advised the driver that the substance does not adversely affect the driver's ability to safely operate a commercial operate a commercial motor vehicle. [49 CFR 382.213]
● Reporting H. Reporting for duty, remaining on duty, or performing a safety-sensitive function if the driver tests positive for controlled for controlled substances. [49 CFR 382.215]
A driver will inform the supervising administrator of any therapeutic drug use. [49 CFR 382.213]
Drugs as used in this policy refers to controlled substances as covered by the Omnibus Act and to drugs circumscribed by the Arizona Revised Statutes, Title 13, Chapter 34.
All drivers shall be subject to preemployment/preduty drug and alcohol testing, including reasonable suspicion, random, and postaccident testing in accord with the regulations of the Omnibus Act. If applicable, return to duty and follow up testing shall be required in accord with regulations of the Omnibus Act. [49 CFR 382.301 et seq.]
All offers of employment with the District for drivers will be made contingent upon preemployment test results. An applicant testing positive for alcohol or controlled substances will not be employed. [49 CFR 382.505]
A transportation employee who refuses to submit to drug and alcohol testing or whose test results are positive may be disciplined in accordance with District policy up to and including being terminated from employment. [A.R.S. 15-513]
Each driver who engages in the conduct prohibited herein shall:
● Be A. Be advised of resources available to the driver in evaluating and resolving problems associated with drug or alcohol or alcohol use, including the names, addresses, and telephone numbers of substance abuse professionals and counseling and counseling and treatment programs.
● Be B. Be evaluated by a substance abuse professional, who shall determine what assistance, if any, the employee needs employee needs to resolve drug or alcohol problems.
● Before C. Before return to duty in a safety-sensitive position, undergo a return-to-duty alcohol test with a result indicating less indicating less than 0.02 or a substance test with a verified negative result.
● If D. If identified as needing assistance by a substance abuse professional, be evaluated by a substance abuse professional abuse professional to determine if that driver has properly followed any rehabilitation program prescribed, and be subject be subject to unannounced follow-up tests following return to duty in accord with federal regulations. [49 CFR 382.605]
The District shall assume the cost for the initial evaluation by a substance abuse professional to determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse and controlled substances use. Evaluation and rehabilitation of the employee, if the employee is allowed to return to work in any position, shall be in accordance with 49 CFR 382.605 and by a substance abuse professional paid by the employee.
The School District shall assume the costs of the drug and alcohol testing of a transportation employee. If the results of the test are positive, the School District may charge the costs of the test to the tested employee. The cost charged to the employee are is limited to the actual costs incurred as a result of testing. If the results of a test are negative, the School District shall not charge the costs of testing to the tested employee. [A.R.S. 15-513]
The Superintendent is responsible for supervision of the District drug and alcohol misuse prevention program. The Superintendent will develop procedures for the implementation of the program in compliance with the applicable provisions and regulations of the Omnibus Transportation Employee Testing Act of 1991 and Arizona Revised Statutes.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-513
A.R.S. Title 13, Chapter 34
49 USC 31306 13-3402
49 U.S.C. 31306, (Omnibus Transportation Employee Testing Act of 1991)
49 CFR parts 40, 382, and C.F.R. Part 40
49 C.F.R. Part 382
49 C.F.R. Part 395
CROSS REF.:
GBEC - Drug-Free Workplace
GBECA - Nonmedical Use or Abuse of Drugs or Alcohol
REGULATION
DRUG AND ALCOHOL TESTING OF
TRANSPORTATION EMPLOYEES
Circumstances Under Which Tests
for Drivers Are to Be Given
All information obtained in the course of testing of drivers shall be protected as confidential medical information. Except as required by law or expressly authorized or required in 49 CFR 382.405, no information that is to be maintained pursuant to 49 CFR 382.401 shall be released.
Random:
● A. A minimum of fifty percent (50%) of drivers shall be tested annually for drugs and twenty-five percent (25%) of of drivers shall be tested annually for alcohol, subject to the Federal Highway Administration's administrator raising administrator raising or lowering the annual percentage rate in accordance with regulations. [49 CFR 382.305] Random testing Random testing selection shall be as follows:
■ Employees 1. Employees are to be placed in and remain in a pool for random selection.
■ A 2. A valid random selection procedure will be used.
■ Tests 3. Tests will be given at least once each quarter.
■ Dates 4. Dates of testing will not be announced.
● Random B. Random drug and alcohol testing may be combined. For example, when testing at fifty percent (50%) drug random drug random rate and twenty-five percent (25%) alcohol random rate, half of the randomly selected drivers chosen for chosen for testing could be tested for both drugs and alcohol, while the rest could be tested only for drugs.
Postaccident:
● Drivers A. Drivers are required to submit to drug and alcohol testing as soon as possible following a "Department of Transportation of Transportation (DOT) accident" that involves the loss of human life or for which the driver receives a citation under citation under state or local law for a moving traffic violation arising from the accident. [49 CFR 382.303]
● A B. A DOT accidentis is defined as an occurrence involving a commercial motor vehicle operating on a public road that road that results in:
■ A 1. A fatality; or■ Bodily or
2. Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from away from the scene of the accident; or■ One or
3. One (1) or more motor vehicles incurring disabling damage as a result of the accident, requiring the vehicle the vehicle to be transported away from the scene by a tow truck or other vehicle. [49 CFR 390.5]
● If C. If a driver is seriously injured and cannot submit to testing at the time of the accident, the driver shall provide the provide the necessary authorization for obtaining hospital reports and other documents that may indicate whether there whether there were any drugs or alcohol used by the driver prior to the accident. [49 CFR 382.303]
● A D. A driver who is subject to postaccident testing shall remain readily available for such testing or may be deemed be deemed by the District to have refused to submit to testing. Nothing in this section shall be construed to require to require the delay of necessary medical treatment or to prohibit the driver from leaving the scene of an accident an accident for a period necessary to obtain assistance in responding to the accident, or to obtain necessary medical necessary medical care. [49 CFR 382.303]
● No E. No driver required to take a postaccident alcohol test shall use alcohol for eight (8) hours following the accidentthe accident, or until the driver undergoes a postaccident alcohol test, whichever occurs first. [49 CFR 382.303]
● The F. The following actions are to be taken in a postaccident testing situation:
■ Treat 1. Treat injuries.
■ Work 2. Work with law enforcement officials.
■ Explain 3. Explain the need for testing.
■ Obtain 4. Obtain the driver's permission for testing, if possible.
■ Work 5. Work with the medical facility to obtain the necessary documents and test information.
■ Collect 6. Collect specimens promptly.
■ Document 7. Document events.
The results of a breath or blood test for the use of alcohol or a urine test for the use of drugs conducted by federal, state, or local officials having independent authority for the test shall be considered to meet the requirements for postaccident testing if the results are obtained by the School District. [49 CFR 382.305]
Reasonable suspicion:
● A. Reasonable suspicionis is defined to mean that the District believes the behavior, speech, body odor, or appearance or appearance of a driver while on duty are indicative of the use of alcohol and/or controlled substances. The The conduct must be witnessed by a supervisor or District official trained in the detection of probable alcohol probable alcohol and drug use by observing indicators in a person's appearance, behavior, speech, and performance, in accordance with 49 CFR 382.603. If it is at all possible, the witness should not conduct the alcohol the alcohol test, in order to prevent the introduction of bias to the testing procedure.
● Alcohol B. Alcohol testing is authorized only if the observations are made during, just before performing, or just after performing after performing a safety-sensitive function. A written record shall be made of the observations leading to an alcohol an alcohol and/or controlled substance test. This record is to be signed by the supervisor who made the observationsthe observations.
● If C. If a reasonable suspicion alcohol test is not administered within two (2) hours following the observations, the witness the witness shall prepare and maintain on file a record stating the reasons the alcohol test was not administered promptlyadministered promptly. In addition, if not administered within eight (8) hours, all attempts to administer the test shall cease. A A record shall be prepared and maintained stating why the alcohol test was not administered. [49 CFR 382.307]
● Reasonable D. Reasonable suspicion testing should include the following considerations:
■ Focus 1. Focus on safety.
■ Verify 2. Verify reasonable suspicion if possible.
■ Observe 3. Observe the employee's appearance, behavior, speech, and performance.
■ Inform 4. Inform the employee in private of any suspicion.
■ Inquire 5. Inquire in private about any observations or suspicions.
■ Review 6. Review the findings.
■ Upon 7. Upon concluding that reasonable suspicion exists, transport the employee to a testing site.
■ Document 8. Document events.
Return-to-duty testing:
● A. A driver who has been prohibited from performing a safety-sensitive function after engaging in conduct regarding conduct regarding alcohol misuse or controlled substance use prohibited by U.S. Department of Transportation regulationsTransportation regulations, and before returning to duty, shall undergo a return-to-duty test, which must indicate a concentration a concentration of less then than 0.02 for breath alcohol and/or a negative result for controlled substances. [49 CFR 382.309 and 382.605(C)]
● When B. When a driver has been determined to be in need of assistance in resolving problems associated with alcohol misuse alcohol misuse and/or controlled substance use, the driver will be subject to unannounced follow-up alcohol and/or controlled or controlled substance testing. The driver will be subject to a minimum of six (6) follow-up tests in the first twelve first twelve (12) months. The follow-up testing period shall not exceed sixty (60) months. Follow-up testing for alcohol for alcohol shall be administered only when the driver is performing, just before performing, or just after performing after performing a safety-sensitive function. [49 CFR 382.311 and 382.605(C)]
Referral:
● Each driver who engages in conduct prohibited by 49 CFR 382.201 et 201 et seq. shall shall be evaluated by a substance abuse substance abuse professional, who shall determine what assistance, if any, the employee needs in resolving problems associated problems associated with alcohol misuse and controlled substance use. [49 CFR 382.605]
Driver Training
A copy of materials explaining the requirements of the Omnibus Act and the District's policies and procedures with respect to meeting such requirements will be distributed to each driver prior to the start of alcohol and controlled substance testing and to each driver hired or subsequently transferred into a driving position. The District shall provide written notice to representatives of employee organizations of the availability of this information. [49 CFR 382.601]
These materials shall include detailed discussions of at least the following:
● The A. The identity of the person designated to answer employee questions about the materials.
● The B. The categories of employees subject to this part of the regulation.
● Sufficient C. Sufficient information about safety-sensitive functions performed by such drivers to make clear what part of the of the work day a driver must be in compliance with the rule.
● Specific D. Specific information concerning driver conduct that is prohibited by the rule.
● The E. The circumstances under which a driver will be tested for alcohol and/or controlled substances by rule.
● The F. The procedures that will be used to test for the presence of alcohol and controlled substances, to protect the driver the driver and the integrity of the testing processes, to safeguard the validity of the test results, and to ensure that the that the results are attributed to the correct driver.
● The G. The requirement that the employee submit to alcohol and controlled substance tests administered in accord with accord with Omnibus Act regulations.
● An H. An explanation of what constitutes a refusal to submit to an alcohol or controlled substance test and the attendant the attendant consequences.
● I. The The consequences for drivers found to have violated the rule, including requirements for removal from duty.
● J. Consequences Consequences for a driver having a concentration of 0.02 but less than 0.04 in a breath alcohol test.
● K. Information concerning the effects of alcohol and controlled substance use on an individual's health, work, and personal and personal life; signs and symptoms of an alcohol or controlled substance problem (the driver or a co-worker); and and available methods of intervention, including confrontation and referral. [49 CFR 382.601]
Policies, regulations, and consequences based on the District's independent authority outside of the Omnibus Act shall be presented and clearly and obviously described as being based on independent authority [49 CFR 382.601]. All such references shall be placed in bold within the document and shall contain applicable statutory citations.
Each driver must provide a signed receipt for the materials. [49 CFR 382.401(c)(5)(iii)]. Written notice of the availability of this information shall be provided to representatives of employee organizations. [49 CFR 382.601(a)(2)]
Supervisor Training
Persons designated to determine whether reasonable suspicion exists to require a driver to undergo reasonable-suspicion testing shall receive at least sixty (60) minutes of training on alcohol misuse and at least an additional sixty (60) minutes of training on controlled substance use. The training shall cover the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances. [49 CFR 382.603]
REGULATION
BUS SAFETY PROGRAM
A.A.C. R17-9-104 states, with respect to the authority of bus drivers, "Passengers shall comply with all instructions given to them by a school bus driver. A passenger or nonpassenger who has boarded the school bus and refuses to comply with the school bus driver's instructions may be surrendered into the custody of a person who is authorized by the school to assume responsibility for the passenger or nonpassenger."
Student behavior on a school bus should be the same as that in a well-ordered classroom with the exception that students are free to talk, but with no screaming or shouting.
EXHIBIT
DRUG AND ALCOHOL TESTING OF
TRANSPORTATION EMPLOYEES
RECORDS RETENTION
The District shall maintain records of its alcohol misuse and prevention program in a secure location with controlled access. The records are to be kept as indicated below.
How long is the employer required to
keep records? [49 CFR 382.401(c)(1)]
● A. Five years:
■ Records 1. Records of alcohol test results showing concentrations of 0.02 or more.
■ Records 2. Records of driver-verified positive controlled substance tests.
■ Documentation 3. Documentation of refusals to take required tests.
■ Calibration 4. Calibration documentation.
■ Driver 5. Driver evaluation and referrals.
■ A 6. A copy of each annual calendar year summary.
● B. Two years:
■ Records related to the alcohol and controlled substance collection process and training.
● C. One year:
■ Records of negative and canceled drug test results and alcohol test results with concentrations of less than less than 0.02.
What types of records must be kept?
● A. Records relating to the collection process,
as follows as follows [49 CFR 302.401(c)(1)]:
■ Collection 1. Collection logbook, if used.
■ Documents 2. Documents relating to the random selection process.
■ Calibration 3. Calibration documents for evidential breath testing devices.
■ Documentation 4. Documentation of breath alcohol technician training.
■ Documents 5. Documents regarding decisions to administer reasonable-suspicion tests.
■ Documents 6. Documents regarding decisions of postaccident tests.
■ Documents 7. Documents verifying existence of a medical explanation of the inability of a driver to provide an adequate breath adequate breath or urine specimen for testing.
■ Consolidated 8. Consolidated annual calendar year summaries as required by 49 CFR 382.403.
● B. Records relating to driver's test results [49 CFR 382.401(c)(2)]:
■ Employer1. Employer's copy of alcohol test forms, including the results of the test.
■ Employer2. Employer's copy of drug test chain of custody and control form.
■ Documents 3. Documents sent by the medical review officer (MRO) to the employer, including those required by 49 by 49 CFR 382.407(a).
■ Documents 4. Documents related to refusal by any driver to submit to a drug or alcohol test required by the rules.
■ Documents 5. Documents presented by a driver to dispute the results of an alcohol or substance abuse test required by required by the rules.
● C. Records related to other violations.
● D. Records related to evaluations:
■ Records 1. Records pertaining to a determination by a substance abuse professional (SAP) concerning a driver's need s need for assistance.
■ Records 2. Records concerning a driver's compliance with recommendations of the SAP.
● E. Records relating to education and training:
■ Materials 1. Materials on alcohol misuse and drug use awareness, including a copy of the employer's policy on both.
■ Documentation 2. Documentation of compliance with the requirements of 49 CFR 382.601, including the driver's signed receipt signed receipt for materials.
■ Documentation 3. Documentation of training provided to supervisors for determining the need for reasonable-suspicion testing suspicion testing for alcohol misuse or use of controlled substances.
■ Certification 4. Certification that any training that has been conducted complies with the requirements for such training.
● F. Records relating to drug testing:
■ Agreements 1. Agreements with the collection site facilities, laboratories, medical review officers, and consortia.
■ Names 2. Names and positions of officials and their roles in the employer's alcohol and controlled substance testing substance testing program.
■ Monthly 3. Monthly laboratory statistical summaries of urinalysis required by 49 CFR 40.29(g)(6).
■ The 4. The employer's drug and alcohol testing policy and procedures.
How must these records be reported?
● All records must be kept in prescribed form and be supplied to DOT when requested. The District will be notified be notified whether to submit the records. [49 CFR 382.403(b)]
What happens if records are not kept properly?
● Penalties can be severe; for example, just an error in paperwork can mean a fine of up to five hundred dollars hundred dollars ($500) for each violation. Other violations can be penalized as high as ten thousand dollars dollars ($10,000) per occurrence and loss of federal funding. [49 U.S.C. 521(b)]
Where are records to be located?
● All records required shall be maintained as required by 49 CFR 390.31 and shall be made available for inspection for inspection at the employer's principal place of business within two (2) business days after a request by an by an authorized representative of the Federal Highway Administration. [49 CFR 382.401(d)]
What summary records are required?
● The A. The District must prepare by March 15th of each year, and maintain, an annual calendar year summary of the results the results of all controlled substance and alcohol testing performed during the previous calendar year.
● Each B. Each summary that contains verified positive controlled substance test results and alcohol screening tests with concentrations with concentrations of .02 or greater or any other violations or alcohol misuse must include the following elements:
■ The 1. The number of drivers subject to 49 CFR 382.
■ The 2. The number of drivers subject to testing under the alcohol misuse or drug use rules of more than one (1) DOT DOT Agency - identified by each Agency.
■ The 3. The number of urine specimens collected, by type of test (e.g., random, reasonable suspicion, et et cetera).
■ The 4. The number of positives verified by an MRO for type of test and type of drug.
■ The 5. The number of negative drug tests verified by an MRO, by type of test.
■ The 6. The number of persons denied a position as drivers following preemployment verified positive drug testing drug testing and/or alcohol testing with concentrations of 0.04 or greater.
■ The 7. The number of drivers with MRO-verified positive tests for multiple controlled substances.
■ The 8. The number of drivers who refused to submit to alcohol or drug tests required by 49 CFR 382.
■ The 9. The number of supervisors who have received required alcohol training during the reporting period.■
10. The number of supervisors who have received required controlled substances training during the reporting the reporting period.
■ 11. The number of screening alcohol tests, by type of test.
■ 12. The number of confirmation alcohol tests, by type of test.
■ 13. The number of confirmation alcohol tests with concentrations of 0.02 or greater but less than 0.04, by type by type of test.
■ 14. The number of confirmation alcohol tests with concentrations of 0.04 or greater, by type of test.
■ 15. The number of drivers returned to duty, after complying with a SAP's recommendation in this reporting periodreporting period, who had previously had verified positive drug test results or engaged in prohibited alcohol misusealcohol misuse.
■ 16. The number of drivers who were administered drug and alcohol tests at the same time with both verified positive verified positive drug test results and alcohol test results with concentrations greater than 0.04.
■ 17. The number of drivers who were found to have violated any nontesting prohibition of 49 CFR 382CFR 382.403(b) and any action taken in response to the violation.
● Each C. Each employer with an annual calendar year summary that contains only negative drug test results, alcohol screening alcohol screening test results of less than 0.02, and no other violations may prepare and submit either a standard summary standard summary form with information as listed above or an "EZ" report form. The abbreviated "EZ" form requires selected requires selected information from the list above. [49 CFR 382.403]
Who may have access to the records?
● The A. The covered employee, to the employee's records, upon written request.
● The B. The employer.
● The C. The Secretary of Transportation, upon request.
● Any D. Any DOT agency, upon request.
● Any E. Any state or local official with regulatory authority over the employee, upon request.
● Any F. Any person or employer, upon the employee's written request.
● National G. National Transportation Safety Board may review postaccident test information upon request and as a part of an of an accident investigation. [49 CFR 382.405]
Are the records relating to the drug and
alcohol testing program confidential?
● Yes; therefore, they are not subject to disclosure under the Inspection of Public Records, A.R.S. 39-121 et seq., with the possible exception of the Annual Calendar Year Summary once released to the DOT. [49 CFR 382.405]
REGULATION
BUS SAFETY PROGRAM
The transportation of students by bus is not recommended as a means to overcome a determined safety hazard if other solutions are available, except when the number of students involved would cause bus transportation to be the most feasible solution. The lack of sidewalks, the crossing of railroads, and the use of unimproved streets are conditions general to many students attending District schools and cannot be considered the only criteria for transportation.
Each school shall develop a traffic pattern that includes procedures for:
● The loading and unloading of students by parents, especially during inclement weather.
● The approach to school by walking students.
● The approach to school by bicycling students.
● Designated bus loading and unloading areas.
● Designated areas for parents loading and unloading students.
● Designated visitor parking areas.
Patrons of each school shall be periodically informed about each of the above procedures, and appropriate signs should be erected.
A written safety guide shall be developed, which will be the basis for continuous safety education programs to be conducted in each school. State and local authorities should be used to reinforce programs developed in each school.
Outlying Areas
School bus routes will not include any road that is not hard surfaced or of sufficient quality to ensure reasonable travel for students. These standards are to be established and periodically reviewed by the school administration and/or Governing Board.
Where the length of a road or the number of students does not permit economical operation of a bus, the District may, at its option, pay parents for the transportation of students to designated bus stops, provided the students live more than one (1) mile from the designated bus stop and payment shall not include any travel within that distance.
Walking distance to bus stops: The District may designate bus stops in outlying areas that would require walking distances for students that are commensurate with the boundaries set in Board policy.
Traffic and School Bus Rules
When operating a motor vehicle on campus or at a school event, a student shall follow all school and other traffic rules and shall operate the motor vehicle in a safe and prudent manner. A student shall abide by all school rules regulating the student's conduct while in a school bus or other vehicle and shall obey the directives of school bus drivers.
The District and all contractors who provide transportation services to the District shall comply with applicable provisions of the Commercial Motor Vehicle Safety Act of 1986 and all applicable requirements of the state of Arizona that pertain to vehicle standards, periodic inspection, and maintenance of school buses.
Adopted: date of
manualManual adoption
Students are required to conduct themselves in the bus, prior to boarding the bus, and subsequent to leaving the bus in a manner consistent with established standards for classroom behavior.
When a student fails to practice proper conduct, the bus driver will inform the principal of the misconduct, which may then be brought to the attention of the parents.
At any time that a school bus driver decides that the disorderly conduct is such that it is unsafe to proceed, the driver shall stop the bus at the safest reasonable opportunity in order to enable the safe transportation of students.
If, in the driver's judgment, it is unsafe to proceed to the destination, the driver may return the students to the point of origin or other safe location where authorized assistance may be obtained.
Students who become serious disciplinary problems related to school transportation may have their riding privileges suspended. In such cases, the parents of the students involved become responsible for seeing that their children get to and from school safely.
Students riding on special-activity buses are under the direct supervision of the bus driver in cooperation with sponsor(s). Students who do not conduct themselves properly will be denied the privilege of riding on special-activity buses.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-341
CROSS REF.:
EEAE - Bus Safety Program
JIC - Student Conduct
JK - Student Discipline
EXHIBIT
FOOD SERVICES
CODE OF STANDARDS
The duties of any officer, employee, or agent of the District who has occasion to handle school food or monies shall be performed in a manner consistent with good business practices. This shall include prohibition of:
A. Solicitation or acceptance of gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties to subagreements.
B. Participation in awards or administration of contracts to firms in which the employee, or any member of the employee's immediate family, has a financial or other interest.
If financial interest is not substantial, or the gift is unsolicited and of nominal intrinsic value, the officer, employee, or agent of the District shall conform to the requirements of Policies BCB, DJ, or GBEAA.
Penalties or other disciplinary actions for infractions will be based on the seriousness of the violations. Disciplinary actions may include, but are not limited to:
A. A written disciplinary report filed in the individual's personnel file.
B. Suspension of duties.
C. Termination of employment.
D. Prosecution by legal authorities.
Distribution Instructions
These standards are incorporated into the general operation policy manual of the District and are reviewed regularly by the Superintendent or the Governing Board. Copies of these standards are to be distributed to all personnel who have occasion to handle school food, monies, or supplies, together with their supervisors and program directors.
CROSS REF.:
BCB - Board Member Conflict of Interest
DJ - Purchasing
GBEAA - Staff Conflict of Interest
GCQF - Discipline, Suspension, and Dismissal of Professional Staff Members
GDQD - Discipline, Suspension, and Dismissal of Support Staff Members
School buses may be used for the transportation of students participating in school-sponsored activities under the following conditions:
● Bus A. Bus usage for educational field trips or educationally related activities by student organizations may be considered be considered an extension of classroom activities.
● The B. The Board delegates to the administration authority concerning requests for noncurricular usage. In such cases, the the student organization or group making the trip will be required to reimburse the District for all or a portion of the of the cost of the transportation.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-1105
REGULATION
BUS DRIVER REQUIREMENTS,
TRAINING, AND RESPONSIBILITIES
Benefited employees who are required to have commercial driver's licenses (CDL) will utilize District health insurance for their physical examinations. If a benefited employee should not have full coverage for the CDL physical through District insurance, the employee will be reimbursed in the amount established annually.
During school or school-sponsored functions, students may be transported only in school-approved vehicles operated by District-authorized personnel unless specific approval by the Superintendent has been obtained.
The Board specifically forbids any employee to transport students for school purposes without prior authorization by the Superintendent.
Each District employee or Governing Board member authorized to use a private vehicle for District purposes shall be notified in writing that the employee's or Governing Board member's automobile insurance is the primary coverage and District insurance coverage is secondary.
The Superintendent may develop regulations to govern the use of private vehicles for transporting students.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-341
CROSS REF.:
EEB - Business and Personnel Transportation Services
REGULATION
FREE AND REDUCED - PRICE
FOOD SERVICES
Free and reduced price meals will be provided to all students who are eligible. The District shall have an approved free and reduced-price policy statement on file at the Arizona Department of Education.
The supervisor of the school meal program is designated to determine which individual children are eligible for free or reduced price meals and to ensure compliance with all policies, rules and regulations of the United States Department of Agriculture and the Arizona Department of Education.
In providing free and reduced-price meals, the District shall:
Provide for public announcements. Near the beginning of the school year, an announcement must be made to notify the public of the availability of the National School Lunch Program (NSLP), the School Breakfast Program (SBP), the School Milk Program (SMP), and the Food Commodity Program (FCP). The notice must include the eligibility criteria for reduced price meals and/or milk. The public news release will be provided to the local news media. The District shall submit a public/press release to local employment offices and major employers contemplating layoffs in the attendance area of the school. Copies of the public release shall be made available upon request to any interested party.
Send notices to households (Parent Letter). A letter or notice informing households about the availability of the school meal program is to be distributed at the beginning of each school year.
The letter must state the option of free and reduced price benefits. An application form must be distributed to all households of children in attendance at the school who were not determined eligible through Direct Certification match results or from the migrant/homeless/runaway list. The application should not be distributed earlier than July 1, or no more than thirty (30) days prior to the beginning of the school year, whichever is later. New students enrolling in school after the school year begins must be provided a letter/notice and application form when they enroll.
Applications for free or reduced price meals programs shall be available to students at all times during the regular school day.
Provide for Foreign Language Translations. In schools where a significant number or proportion of the population eligible to be served needs information in a language other than English, the District must make reasonable efforts, considering the size and concentration of such population, to send appropriate non-English language household letters/notices and application forms to such households. Schools will provide households with assistance in completing applications through the use of foreign language personnel.
Enforce Confidentiality/Disclosure of Eligibility. All procedures shall insure that names of children eligible to receive free or reduced-price meals shall not be published, posted, or announced in any manner. Information such as family size, income and social security numbers shall remain confidential and shall not be shared for any purpose. No individual indicators of participation shall be maintained in the permanent record of any pupil not otherwise allowed by law.
Disclosure may be made of aggregate information, such as the number of children eligible for free or reduced price meals, to any program or individual. Aggregate information shall not identify children.
Ensure Nondiscrimination Practice. There shall be no overt identification of any eligible children by use of special tickets, special tokens, serving lines, separate entrances, separate dining areas, or by any other means. When more than one (1) lunch, breakfast or type of milk is offered, the children shall have the same choice of meals that is available to those children who pay the full price. Children shall not work for their meal unless other children are required to do so as part of their educational training.
No child shall be discriminated against because of race, color, national origin, religion, age, sex or handicap.
Parents/guardians who appeal the challenge of decisions on applications and school officials' challenges to the correctness of information contained in an application or of continued eligibility of any students for free or reduced-price meals shall have a fair hearing. During an appeal and hearing, the student will continue to receive free or reduced-price meals.
REGULATION
STUDENT TRANSPORTATION
IN PRIVATE VEHICLES
The use of a private vehicle for transporting students requires written permission from the Superintendent.
District Employee Use of Private
Vehicle with Permit*
A. This permission may be in the form of a standing permit for employees who use their own vehicles
regularly forregularly for school purposes. The permit will state the particular purpose, and whether it includes transportation
of studentsof students.
For everyB. For each special trip involving students, including field trips, a special permit must be obtained in advance
for thefor the specific trip
from the employee's direct supervisor.
Students' Use of Private Vehicles
with Permit*
Students involved in District-sponsored or other District-approved programs may use private vehicles for in-District use, only after obtaining special permits in advance of such trips. This is to include, but is not limited to, the following programs: Peers, Nursing Assistant Program, Student Council, Athletics, NAU program, All Stars, and Outdoor Adventure classes.
Students may provide in-District transportation to other students if a special permit is signed by the parent or legal guardian of the driver and the parent/legal guardian of each passenger. The permit is to be renewed each semester.
Upon prior approval by the building principal and appropriate parents/guardians, students may use private vehicles to attend special events sponsored by the District, and then transport themselves to another school-sponsored event.
Students' Use of Private Vehicle
without Permit
Students may use private vehicles to attend in-District events without completion of special permits when the event is after school hours and it is a convenience for the students and families to transport directly to the event.
* All use requiring a permit also requires proof of insurance with liability and uninsured motorist limits not less than $50,000 (bodily injury per person), $100,000 (bodily injury per accident), and $25,000 (property damage liability).
.
C. Each employee or Governing Board member authorized to use a private vehicle for school business purposes will be required to present proof of insurance to the District.
D. No student will be sent on school errands with the student's own vehicle, an employee's vehicle, a Governing Board member's vehicle, or a District-owned vehicle.
(District Travel Policy -
Employees and Governing Board Members)
Administrative Requirements
Administrators shall be responsible for making certain that the use of school vehicles is not abused inside or outside the District, and it is the responsibility of such administrative personnel to assure that all travel has final approval from the District administration office. Use of private vehicles for school purposes must be approved by the Superintendent.
Use of School Vehicles
No school vehicle shall be used for personal business, unless the personal business is incidental to a school-related trip. On a space-available basis, an employee's family or Governing Board member's family may be included on an out-of-town trip if approval is granted by the Superintendent. Only Governing Board members or District employees , and others so authorized may drive the vehicle. A school vehicle shall not be taken to an employee's home or Governing Board member's home at night unless the employee has or Governing Board member has permission from the Superintendent.
Use of Private Vehicle
Only when authorized by the Superintendent, a private vehicle may be used at the mileage rate set by the District, and reimbursement for mileage will be given to the owner of the private vehicle. Credit for mileage outside the District will be given for school business only. An employee using or Governing Board member using a private vehicle for a school trip shall not claim mileage for any purely personal use of the vehicle during said trip.
Each District employee or Governing Board member authorized to use a private vehicle for District purposes shall be notified in writing that the employee's or Governing Board member's automobile insurance is the primary coverage and District insurance coverage is secondary.
Each employee or Governing Board member authorized to use a private vehicle for school business purposes will be required to present proof of insurance to the District.
Accident Report
Any accident (no matter how minor) in a school vehicle or in any private vehicle while on school business is to be reported immediately to the District transportation office, or to an administrator if the accident occurs after school hours. The business office shall immediately report the accident to the District's insurance company.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-341
38-538
USFR: VI.I.
CROSS REF.:
DKC - Expense Authorization/Reimbursement
EEAG - Student Transportation in Private Vehicles
Records and reports will be maintained as mandated by law or rules and as may be necessary to carry out transportation goals and objectives. The records shall be available for inspection by the Superintendent and other authorized officials.
Adopted: date of
manualManual adoption
All offices in the District shall be open during the school year from 8:00 a.m. until 5:00 p.m., Monday through Friday, except during holidays and as otherwise stipulated by the Superintendent. Hours of the working day shall be assigned by supervisors.
Adopted: date of Manual adoption
LEGAL REF.:
Arizona Constitution, Article 18, Section 1
The District will operate a school breakfast/lunch program for each school.
Food services will include lunches, and may include breakfasts, through participation in the National School Lunch Program.
The Board will approve the prices set for school lunches.
As required for participation in the National School Lunch Program, the Board prescribes:
● That a school breakfast/lunch be made available to students.
● That free and reduced-price lunches be provided students who qualify under federal guidelines.
Students will also be permitted to bring their lunches from home and to purchase beveragesfood service program shall strive to provide well-balanced meals that are nourishing, available at moderate prices, and served in a pleasant surrounding.
The Board shall establish prices to be paid by students for school meals and the price charged to adults who purchase meals.
The Superintendent shall develop and implement procedures as necessary, which are designed to meet the necessary requirements for participation in the National School Lunch Program and for control of students using the cafeteriato implement this policy and shall formulate a plan to provide free or reduced price meals for all eligible students.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-239
15-242
15-342
15-1151
15-1152
15-1153
15-1154
15-1155
15-1157
15-1158
Administrative Regulations, 15-1251
Arizona Department of Education: The Arizona Nutrition Standards
Public Law 111-296, Healthy, Hunger-Free Kids Act of 2010 Sec. 205 -
Equity in School Lunch Pricing
Richard B Russell National School Lunch Act 42 U. S. FC. R., Section VI, Food Services1751 et seq.
Child Nutrition Act of 1966 42 U.S.C. 1771 et seq.
CROSS REF.:
GDN - Supervision of Support Staff Members
JL - Student Wellness
REGULATION
FOOD SERVICES
The District District and school administrators will work together to provide a safe, accessible and compliant food service program will comply with the following:
● Any student may eat in a school cafeteria.
● A student may bring a sack lunch; milk may be purchased.
● Meal prices for students and adults will be recommended by the food service supervisor, with approval by the Governing Board, at the beginning of each school year.
● Meal prices will be posted in each cafeteria.
● Under federal law, a school that operates on a commodity program is prohibited from serving free meals to adults or employees of the District. All meals for adults must be paid for when served.
● A guest must be cleared through the food service supervisor by the host to be eligible to eat in the cafeteria. The host must make arrangements to pay the full price of the meal.
● Food service employees have the right to refuse to serve anyone who is not either employed by the District or cleared through the food service supervisor.
● The cafeteria laundry facilities will be used only for school-sanctioned purposes.
● Facilitiesand shall observe the following directives in operating the food services programs.
Meals in schools. Each school shall:
A. Provide meals at a reasonable price and accordingly shall use state allocated food services funds to supplement federal funds as a means of keeping prices within reach of paying students.
B. Encourage students to participate in each school's meal program while still allowing meals to be brought from home.
C. Provide modified meals, upon a physician's written request, for students with food allergies or other special food needs. (The allergies would be of a life threatening or severe reaction nature.)
Menu.
Each school that includes grades kindergarten (K) through eight (8) shall:
Ensure that nutritious foods are available as an affordable option whenever food is sold or served and that Foods of Minimal Nutritional Value (FMNV) as defined by United States Department of Agriculture (USDA) and the Arizona Department of Education (ADE) are prohibited. This includes all food and beverages sold and/or served to students at school during the normal school day exclusive of school parties.
Each school that includes grades nine (9) through twelve (12) are:
Prohibited from the sale of FMNV in the dining, serving, and kitchens areas during breakfast and lunch periods.
Each school, (kindergarten [K] through twelve [12]) shall inform families, upon request, about the ingredients and nutritional value of the foods served.
Competitive foods. Competitive foods mean any foods sold in competition with the National School Breakfast and Lunch Program to students during the meal periods. The principal may approve the sale of competitive foods if:
A. All income from the sale of such foods accrue to the benefit of:
1. The nonprofit school food service; or
2. The school or student organizations approved by the District.
B. They are sold in locations other than the dining, serving, and kitchen areas.
C. The school promotes an overall school environment that encourages students to make healthy food choices.
D. The competitive foods meet the state nutrition standards.
Pricing, posting, and expenses. The school meal program must be nonprofit. Pricing for student meals shall be established considering market share, creation and loss of revenue and shall be reviewed and adjusted periodically as necessary. The District in compliance with Section 205 of the Healthy, Hunger-Free Kids Act of 2010, shall provide the same level of support for lunches served to students who are not eligible for free or reduced price lunches as they are for lunches served to students eligible for free lunches. Revenue generation should not take precedence over the nutritional needs of students. Prices for adult meals and catering shall be reviewed periodically and shall reflect direct cost of operations. Revenues received are to be used only for the operation or improvement of the program.
Schools shall ensure that:
A. The sale price of any food items sold including a reimbursable meal shall be posted in the dining area.
B. School meal program facilities used by outside organizations or individuals must have approval from the Superintendentthe school principal or food service supervisor.
● If C. If outside organizations or individuals use the food service facilities, a qualified staff member must be on duty.
● The food service supervisor will develop in-service training programs, approved by the Superintendent, for the food service staff.
D. All food items and/or consumable supplies purchased through the food service program and all labor used for a special meal function must be reported. The sponsoring agency must be billed for the food, labor and other costs of the special function. All special meal functions must operate on a self-sustaining basis.
E. Each person who eats a school meal must pay the regular price for the meal with two (2) exceptions:
1. Students who have an approved free or reduced-price income application on file for the current school year.
2. Food service employees who are paid from school lunch funds.
F. No person is permitted to take food or garbage from the food service program for personal use.
Training. The school meal program director/supervisor will develop ongoing in-service and staff development training opportunities for staff in the area of food safety, nutrition, and customer service.
Eligibility. Principals will ensure that families are aware of need-based programs for free or reduced price meals and encourage eligible families to apply. The confidentiality of students and families applying for or receiving free or reduced priced meals shall be maintained.
Dining environment. Principals shall ensure that students and staff have adequate space to eat meals in pleasant surroundings and shall have adequate time to eat, relax, and socialize. Safe drinking water and convenient access to facilities for hand washing and oral hygiene shall be available.
Student workers. Students shall be allowed to assist with meal preparation and service if mutually agreeable between the parent, teacher, and food service staff. Student workers must receive documented food safety and sanitation training.
Denial of meals as disciplinary action. School personnel shall not withhold food from students as punishment. Disciplinary action, which indirectly results in the loss of meals, is allowable (such as suspension from school). Any student attending school, who is not allowed to eat in the cafeteria for disciplinary reasons, shall have a reimbursable meal made available to them.
Feeding Senior Citizens. The District may enter into an agreement to provide meals for persons sixty (60) years of age or older and their spouses, or any group of such persons.
Student, Parent, Teacher and Community Involvement. The District shall promote activities to involve student and parents in the food/nutrition program. Activities may include menu planning, enhancement of the eating environment, program promotion and related student-community support activities. Schools are encouraged to use the school meal program to teach students about good nutrition practices. School faculties and the general community should be involved in activities to improve the overall acceptability of the food service program. Each school should welcome and encourage parents to eat with students.
Recordkeeping. The District must keep complete and accurate records of the school meal program to serve as a basis for claims for reimbursement and for audit and review purposes. All records and tickets must be kept in accordance with the National School Lunch Program and School Breakfast Program State Guidance Manual.
Safety inspections. The District is required to obtain a minimum of two (2) food safety inspections each school year.
Other food sales. Food sales by student or adult entities or organizations shall be permitted provided these sales ensure optimum student participation in the school meals program and are in compliance with state and federal regulations.
When meals or snacks are offered to students in organized after-school education or enrichment programs, they should be provided by the food services program.
Electronic communications (including records made with other software and sent in e-mail) which are sent or received by the Board or District employees pertaining to the business of the school may be subject to public disclosure and inspection as public records and discovery in litigation as evidence in support of a claim. Use of electronic mail should conform to the same standards of judgment, propriety, and ethics as other forms of school business-related communications. Board members, officers and employees may create electronic records through the use of e-mail on their private computers or borrowed computers when communicating about school business-related issues. All business-related electronic communications by Board members, officers and employees are to be turned over to the school records office to be sorted and have their value as a record determined. For these reasons a record keeping system for electronic communications shall be established in which those types of electronic communications:
A. shall be categorized in the same manner as is required for paper records,
B. shall be stored in a way permitting ease of record retrieval,
C. and shall contain explicit sender and receiver identification.
The following guidelines shall be adhered to in order to establish a record keeping procedure for such communications.
A. A repository for electronic communications shall be established at the direction of the Superintendent.
B. All school business-related communications, including communications from private computers used by school Board members, officers and employees shall be segregated to a file folder and then to a location designated by the District so that these records may be maintained and inspected by any person upon request, unless the materials are otherwise made confidential by law.
C. The determination of record status shall be on the same basis as is used for paper records.
D. Once the communication is transferred to the records maintenance location and into the recordkeeping system the original electronic version may be deleted. The version maintained in the proper recordkeeping system is the official copy and must be retained for the same period as required for other forms of the same record series.
E. A retrieval system for electronic mail and data transmitted with mail shall be established that will permit reasonable access to the records with a minimum of effort, identifying the recipient and the sender.
Adopted: date of Manual adoption
LEGAL REF.:
A.R.S.
38-431.01 et seq.
39-101
39-121 et seq.
41-1343
A.G.O
I05-004
General Retention Schedule for All State Agencies and Political Subdivisions
for Records Received via E-mail
20 U.S.C. 1232g Family Educational Rights and Privacy Act
CROSS REF.:
BDF - Advisory Committees
BEDH - Public Participation at Board Meetings
BHC - Board Communications with Staff Members
BHD - Board Communications with the Public
CFD - School-Based Management (School Councils)
EGD - Use of Technology in Office Services
EHB - Data/Records Retention (Records Management)
Electronic communications (including records made with other software and sent in e-mail) which are sent or received by the Board or District employees pertaining to the business of the school may be subject to public disclosure and inspection as public records and discovery in litigation as evidence in support of a claim.
All Board members and selected staff are encouraged to participate in Open Meeting Law (OML) and Public Records Law training within the first thirty (30) days after becoming a member of the Board or the date of employment, as is applicable. In order to encourage the Board, individual Board members, staff communicating with or on behalf of the Board and members of councils/committees of the Board to comply with the requirements of the OML and Public Records Law, the following guidelines shall be followed:
Guidelines:
A. E-mail or any other electronic messaging service shall not be used as a substitute for deliberations at Board meetings or for other communications or business properly confined to Board meetings.
B. E-mail or any other electronic messaging service may be used to disseminate factual information, such as agenda packet, suggestions for public agenda items and reminders regarding committee meeting times, dates and places.
C. Confidential information about employees, students or other Board members shall not be included in e-mail communications due to the risk of improper disclosure.
D. Should electronic devices be utilized for participation or attendance at public meetings, the public in attendance including media representatives shall have the same access to the electronic input as the Governing Board members.
E. The following statement shall be used on all Board member and staff electronic communications: "To ensure compliance with the Open Meeting Law, Board member recipients of this message should not forward it to other Board members nor should Board members reply to this message."
F. Board members shall communicate with staff members and the public by following procedures established in policy.
Records Retention:
Each Board member or staff member computer user shall segregate or store electronic communications pertaining to the business of the District to or from members of the Board or staff to a file folder and then to a location designated by the District so that these records may be maintained and inspected by any person upon request, unless otherwise made confidential by law.
Compliance
In the event a Board member(s) fails to comply with the guidance of Board policy, the matter shall be referred to the Board President, who will meet with and/or discuss the matter and the Board policy with the Board member(s). The Board President may request that the Board's legal counsel participate in the meeting and/or discussion.
In the event an employee fails to comply with the guidance of Board policy, that employee may be subject to disciplinary action, up to and including possible termination.
The Superintendent may develop procedures to assist in compliance with the Open Meeting Law and the Public Records Law.
Adopted: date of Manual adoption
LEGAL REF.:
A.R.S.
38-431.01 et seq.
39-101
39-121 et seq.
41-1343
A.G.O
I05-004
General Retention Schedule for School Districts and Charter Schools -
Electronic Communications and Social Networking Records
20 U.S.C. 1232g Family Educational Rights and Privacy Act
CROSS REF.:
BDF - Advisory Committees
BEDH - Public Participation at Board Meetings
BHC - Board Communications with Staff Members
BHD - Board Communications with the Public
CFD - School-Based Management (School Councils)
EGAEA - Electronic Mail
EHB - Data/Records Retention (Records Management)
EHB-R - Data/Records Retention (Records Management Program)
A program of free and reduced-price meals shall be established through Board approval and participation Upon Board approval, the District shall enter into an agreement with the Arizona Department of Education to participate in the National School Lunch Program and School Breakfast Programs to provide meals for students who qualify. All parents, including those of students entering during the year, shall be informed of the program by letter. Applications shall be reviewed and maintained by the supervisor of food services.
The income poverty guidelines prescribed on July 1 of each year must be used for the ensuing fiscal year. Each state agency has special responsibilities for informing schools and service institutions of their obligation to provide free or reduced-price lunches and breakfasts to students who qualify. Furthermore, the Governing Board will submit to the Food and Nutrition Office a policy and criteria that will be followed in determining the eligibility of all students for free or reduced-price meals.
The District will serve meals free or at a reduced price to any student who is a member of a family that has an annual income not above the applicable income level for the student's family size.
The adopted income guidelines must meet the income poverty guidelines prescribed by the federal Office of Management and BudgetProgram and to receive commodities donated by the United States Department of Agriculture.
The Superintendent shall develop procedures with respect to determining eligibility of children for free and reduced price meals which follow federal regulations and state guidelines.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-242
15-1151
15-1152
15-1153
15-1154
15-1155
15-1157
15-1158
15-1251
Administrative Regulations, USFR, Section VI, Food Services
Richard B Russell National School Lunch Act 42 U. S. C. 1751 et seq.
Child Nutrition Act of 1966 42 U.S.C. 1771 et seq.
Arizona Department of Education: The Arizona Nutrition Standards
CROSS REF.:
GDN - Supervision of Support Staff Members
JL - Student Wellness
EXHIBIT
STUDENT TRANSPORTATION
IN PRIVATE VEHICLES
TRANSPORTATION PERMIT FOR USE OF PRIVATE VEHICLES
I hereby give permission for my son/daughter to be transported by private vehicle to/from the school activity listed below. This releases the Flagstaff Unified School District and its Governing Board members, officers, and employees from liability for any injuries that may occur while my son/daughter is traveling in a non-school-owned vehicle. I acknowledge that the School District is not liable, and provides no insurance coverage, for any such injuries.
Name of driver ___________________________ Driver's license # _____________
School activity ___________________________ Date of activity _______________
Riding passenger _______________________________________________________
Reason for transportation permit ___________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Vehicle information:
Name of insurance company _____________________ Policy number ____________
◻ I have adequate insurance coverage (all use requiring a permit also requires proof of insurance with liability and uninsured motorist limits not less than $50,000 (bodily injury per person), $100,000 (bodily injury per accident), and $25,000 (property damage liability).
◻ Permit effective for activity date indicated above only.
◻ Permit effective for fall or spring term school activities listed above for 1997-98 school year.
_________________________ _________________________ ______________
Signature of Parent/Guardian Address Telephone
__________________________________________ _________________________
School Administrator's Signature Date
__________________________________________ ________________________
Parent/Guardian Signature of Riding Student Date
Meal Charges
To ensure students receive the nutrition they need to stay focused during the school day the District shall maintain a meal charge program that minimizes identification of children with insufficient funds to pay for school meals and maintain the financial integrity of the district food service fund account. Further, the District shall abide by program regulation 7 CFR 245.5 by providing parents and guardians of all children who attend the school in the District information regarding the availability of reimbursable school meals and must be provided, in writing, information about applying for free or reduced price meals. The District will promote activities to involve students and parents or guardians in the school meal programs and inform families about the availability of all District meal programs. The District shall include students, families, and the school community in establishing and developing a communication plan for the District's meal charge policy that complements the public announcement of meal eligibility requirements in 7 CFR 245.5 and is consistent with the involvement required in 7 CFR 210.12.
(NOTE (: To be removed with adoption of Policy): ASBA offers the following language. However the guidance presented by the USDA provides for local districts to establish direction related to meal charges within the parameters of language found in USDA Memo Code SP 46-2016, SP 47-2016, and SP23-2017 Districts may approve and implement the following language or establish local language the meets conditions presented by USDA)
The District provides the following regarding meal charges:
A. For all types of reimbursable meals, students in grades up to and including eighth (8th) grade are allowed to charge up to three (3) meals.
B. A student in grades up to and including eighth (8th) grade who has reached the limit of three (3) charged meals will be provided an alternative meal.
C. Students in grades nine (9) through twelve (12) may not charge meals.
D. No lunch charges will be allowed under any circumstances during the last ten (10) days of the school year.
At least one (1) advance written warning communication shall be given to the student and parent/guardian prior to providing additional meals beyond the conditions established by the District. The written communication shall explain the procedure should the student not have sufficient funds to pay for a meal.
The District shall make a reasonable effort to collect unpaid meal charges classified as delinquent debt. The District shall ensure that efforts to collect delinquent debt do not have a negative impact on the student involved. Such efforts shall focus primarily on the parents or guardians responsible for providing for the student's funds for meals. When the District determines that collection efforts for delinquent debt are useless or too costly, the debt must be reclassified as "bad debt" as defined in 2 CFR 200. 426. Bad debt must be written off as operating loss. However, "bad debt" must be restored using non-federal funds. Delinquent meal charges that are converted to "bad debt" must be recorded and maintained in accordance with record retention requirements in 7 CFR 210.9(b)(17) and 7 CFR 210.15(b).
Adopted: date of Manual adoption
LEGAL REF.:
The Child Nutrition Act (42 U.S.C. 1771 et seq.)
CROSS REF.:
JL - Student Wellness
Vending Machines
Vending machines containing confections, soft drinks, and other nutritious food items for student use must be located not less than seventy-five (75) feet from the food service serving area and only on secondary may be located on school campuses.
Management and control are the responsibility of the principals.
Vending machines will only dispense foods that meet nutrition standard guidelines as set forth by the Arizona Department of Education Child Nutrition Programs and the U.S. Department of Agriculture requirements for foods and beverages that are sold individually. Vending machines shall not compete with the District food service program.
Competitive Food Sales
Competitive food sales and marketing will be consistent with nutrition education and health promotion. As such, schools will limit food and beverage marketing to the promotion of foods and beverages that meet nutrition standards for meals or for foods and beverages sold individually. School-based marketing of Foods of Minimal Nutritional Value (FMNV) is prohibited. The promotion of healthy foods, including fruits, vegetables, whole grains, and low-fat dairy products is encouraged.
Allowable marketing activities that promote healthful behaviors include vending machine covers promoting water; pricing structures that promote healthy options in á la carte lines or vending machines; sales of fruit for fund-raisers; and coupons for discount health and fitness memberships.
Adopted: date of
manual adoptionManual adoption
LEGAL REF.:
A.R.S.
15-242 Nutrition Standards
The National School Lunch Act (42 U. S. C. 1751 et seq.)
and the Child Nutrition Act (42 U.S.C. 1771 et seq.), as amended.
CROSS REF.:
JL - Student Wellness
LC - Relations with Education Research Agencies
School equipment and personnel cannot be used for any printing work for Parent-Teacher Association (P.T.A.) or for professional, charitable, or character-building organizations. The only exception to this policy is when an individual school duplicates notices of the parent group meetings directly connected with a specific activity in the school.
The District does not condone violations of the United States copyright law. Subject to certain specific exceptions, the owner of a copyright has the exclusive rights to reproduce, distribute, perform, or display the copyrighted work, or to authorize such reproduction, distribution, performance, or display by others.
Employees shall not use District audio/visual/copying equipment for the purpose of illegally copying written, video or audio taped, computer software, or other copyrighted or otherwise protected materials.
An exception to the exclusive rights enjoyed by copyright owners is the doctrine of fair use. The fair use of a copyrighted work for purposes of teaching, scholarship, or research is not an infringement of copyright. All of the following factors shall be considered in determining fair use:
● The A. The purpose and character of the use, including whether the use is of a commercial nature or for nonprofit educational nonprofit educational purposes.
● The B. The nature of the copyrighted work.
● The C. The amount and importance of the portion used in relation to the copyrighted work as a whole.
● The D. The effect of the use upon the potential market for or value of the copyrighted work.
A further exception shall be performance or display of a work by instructors or students in the course of face-to-face teaching activities in a classroom or other similar place devoted to instruction.
Adopted: date of
manualManual adoption
LEGAL REF.:
P17 U.L. 94-553S.C. 101 et seq.
REGULATION
FOOD SERVICES
(Students Charging Meals)
The procedure for managing meal charges will be as follows:
When a student reaches a three (3)-meal balance, a notice (in duplicate); one (1) for the student and one (1) for the food service file will go home with the child stating that the child has three (3) meals remaining.
When a student reaches a one (1)-meal balance, a notice (in duplicate) will be sent home with the child stating there is a low balance and that the student will receive one (1) more meal from the regular menu.
When a student's balance reaches zero ($0.00), a notice (in duplicate) will go home with the child explaining that he will receive an alternative menu for up to three (3) days total. The cafeteria manager will contact the parent by phone informing the parent of the zero ($0.00) balance. The principal will be notified of the negative balance and that the student will receive only one (1) additional meal on credit.
When a student's negative balance reaches two (2) unpaid alternative meals (unless the student has already paid for these meals) the school principal will be notified be the cafeteria manager. The principal will contact the parent by phone informing the parent of the negative balance and that the student will receive only one (1) additional meal on credit.
If the student asks to charge a third (3rd) meal, it will be permitted.
The alternative meal will consist of a cheese sandwich, fruit or vegetable and white milk. All alternative meals are a National School Lunch Program reimbursable meal and will be charged to the students' negative balance.
No additional meals or peanut butter sandwiches and milk will be given to the student after the third (3rd) charge; however, no child will be denied a meal if the school principal's review of family circumstances corroborates inability to pay. The principal's review will be in writing and will be filed in the food services office.
A mail service system shall be maintained within the District so that in-District communications and communications from outside sources may be delivered to the intended recipients in the most practicable way.
The use of District mail facilities and personnel for the distribution of materials and communications shall be restricted to materials and communications that further the official school business and the educational purposes of the District.
The District shall not be liable for items lost or opened, nor for any damage or injury incurred by any individual as a result of the use of this mail service.
The Superintendent may establish procedures for implementation of this policy.
Adopted: date of
manualManual adoption
EXHIBIT
FOOD SERVICES
CODE OF STANDARDS
The duties of any officer, employee, or agent of the District who has occasion to handle school food or monies shall be performed in a manner consistent with good business practices. This shall include prohibition of:
● Solicitation or acceptance of gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties to subagreements.
● Participation in awards or administration of contracts to firms in which the employee, or any member of the employee's immediate family, has a financial or other interest.
If financial interest is not substantial, or the gift is unsolicited and of nominal intrinsic value, the officer, employee, or agent of the District shall conform to the requirements of Policies BCB, DJ, or GBEAA.
Penalties or other disciplinary actions for infractions will be based on the seriousness of the violations. Disciplinary actions may include, but are not limited to:
● A written disciplinary report filed in the individual's personnel file.
● Suspension of duties.
● Termination of employment.
● Prosecution by legal authorities.
Distribution Instructions
These standards are incorporated into the general operation policy manual of the District and are reviewed regularly by the Superintendent or the Governing Board. Copies of these standards are to be distributed to all personnel who have occasion to handle school food, monies, or supplies, together with their supervisors and program directors.
CROSS REF.:
BCB - Board Member Conflict of Interest
DJ - Purchasing
GBEAA - Staff Conflict of Interest
GCQF - Discipline, Suspension, and Dismissal of Professional Staff Members
GDQD - Discipline, Suspension, and Dismissal of Support Staff Members
EXHIBIT
FOOD SERVICES
NUTRITION INTEGRITY
The definition of nutrition integrity is "a guaranteed level of performance that assures that all foods available in schools for children are consistent with recommended dietary allowances and dietary guidelines and, when consumed, contribute to the development of lifelong, healthy eating habits."
To ensure the integrity of child nutrition programs and maximize benefits to all students, the American School Food Service Association (ASFSA), in association with the Flagstaff Unified School District, establishes the following procedures:
● Nutrition standards will be based on the dietary "Guidelines for Americans" and the "Food Guide Pyramid."
● Student preferences will be considered in menu planning. Youth advisory groups will work with food services personnel to ensure evaluation of their menu choices.
● Meals will contain adequate calories and variety of foods to support growth, development, and healthy weight.
● The nutritional value of school meals will be evaluated over a period of days, rather than basing such evaluation on single meals or food items; food will be prepared in ways to ensure student acceptance and optimal health.
● Purchasing practices will ensure the use of high-quality ingredients and prepared products to maximize flavor and acceptance. School food service and nutrition professionals will work with industry to develop appetizing, affordable products that meet nutrition standards.
● Foods offered in addition to meals will be selected by parent and student requests, while ensuring optimal nutrition quality.
● Sufficient eating environments will be provided, including adequate time and space to eat school meals, positive supervision, and role modeling at mealtimes.
● Nutrition education will be an integral part of the curriculum, from preschool to twelfth grade. The food service department will serve as a laboratory supporting the knowledge and skills taught in the classroom.
● Professional development will be provided for school food service and nutrition personnel and other schools' community members to build teams of competent, caring individuals with common goals. District food advisory committees will meet monthly to discuss and evaluate the child nutrition program.
● Promoting nutrition integrity in child nutrition programs will be a cooperative effort between nutrition professionals and other school community members working with legislative and other government agencies.
(Records Management)
All required records and any other records that are deemed necessary or helpful will be prepared in a manner consistent with law and the requirements of the Uniform System of Financial Records. An administrative records management program approved by the Governing Board shall be established and maintained, and copies of retention schedules shall be submitted to the Department of Arizona State Library, Archives and Public Records (ASLAPR).
Records management standards adopted by the ASLAPR for the maintenance and storage of the District's public records provides for the maintenance and storage of records either on paper or in an electronic format, or a combination of paper and electronic format.
The Governing Board is the custodian of the official copies of all records, required or optional, and the Superintendent shall be responsible for protecting such records on behalf of the Board. As a part of the records management program, the Superintendent may assign management responsibilities to other employees by naming the employee positions and a general description of the records assigned to their jurisdiction.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-271
15-272
15-341
15-521
23-721
23-926
23-962
38-421
38-423
38-424
39-101
39-103
39-121
41-1346 et seq.
44-1373
A.A.C.
R7-2-803
REGULATION
DATA / RECORDS RETENTION
(Records Management Program)
Records shall be prepared and managed as outlined below.
Business and Financial Records
Management of the following records is the responsibility of the business manager:
● Annual A. Annual District budget.
● Audit B. Audit reports.
● Financial C. Financial statements.
● Capital D. Capital levy plan.● Bids
E. ● Contracts Bids.
F. Contracts (except employment).
● DeedsG. ● Leases Deeds.
H. Leases/lease purchases.
● I. Inventory (history records of general fixed assets).
● J. Records identified in the Uniform System of Financial Records.
Other District Records
The current year's records will be kept in the District administration office. When practical to do so, but no later than during the second immediate past year, all paper records will be grouped, bundled together, and labeled, with the disposal date noted on the label. Records created and/or maintained in an electronic format will be preserved in a manner approved by the Records Management Division of the Arizona State Library, Archives and Public Records (ASLAPR). Retention periods noted will refer to the number of years after the end of the fiscal year in which the records were made or superseded, as specified in the Records General Retention and Disposition Schedules for Arizona School Districts (2002)and Charter Schools.
All other records shall be managed so as to be in compliance with the requirements of the Records Management Division of the Department of Arizona State Library, Archives, and Public Records (ASLAPR). Due to the ongoing process by the ASLAPR to revise existing and add new retention schedules for school districts and charter schools, the current point-in-time status of records retention requirements must be confirmed prior to determining disposition of the subject records by accessing the General Retention Schedule for School Districts and the Standards and Guidelines for Electronic Records available on the ASLAPR website at:
http://www.lib.az.us/records/school.aspx
and
http://www.lib.az.us/records/Standards_and_Guidelines.aspx
The Board has the responsibility to maintain an adequate property, casualty, and liability insurance program to protect the property of the District against fire, vandalism, and theft; to protect the Board members and employees against general liability resulting from the discharge of their duties; and to offer protection in case of injury for employees while acting in behalf of the school. The Board may also authorize a voluntary insurance program for students and employees.
The responsibility of administering the total insurance program shall be delegated to the Superintendent, who will seek and consider input from the staff. Underlying such administrative delegation, there will first be prepared, for review and approval, specifications for insurance coverage of various types so that the insurance may be placed by competitive bid. Any recommended modification of these specifications will be brought before the Board for review and action. The District will make every effort to obtain insurance at the most economical cost, consistent with required service.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-341
15-381
15-382
15-383
15-384
15-386
15-387
15-388
15-502
A.G.O.
I80-216
School food service programs must meet all sanitary regulations recommended by the State Department of Health for food-handling establishments and the respective county or federal inspection agency.
The "Serving Safe Food Employee Guide," pages 27-38, must be adhered to for safe food service practices.
All food service preparation must be completed in a District school or county-approved kitchen having a current county permit.
Cleanliness and sanitation should be an integral part of food production, and shall receive the proper emphasis to ensure that standards are high.
Adopted: date of manual adoption
The State Board of Education prescribes regulations for keeping food services records and making reports. The accounts and records shall be available at all times for inspection and audit by authorized officials and shall be preserved for a period not to exceed five (5) years. The school lunch programs will be administered according to appropriate state and federal provisions and the regulations made by the State Board. The State Board conducts or causes to be conducted audits, inspections, and administrative reviews of accounts, records, and operations.
Adopted: date of manual adoption
LEGAL REF.:
A.R.S.
15-1155
Administrative Regulations, U.S.F.R., Sec. VI, Food Services
Priority in the development of facilities shall be based on identified educational needs and on programs developed to meet those needs.
The Board establishes these broad goals for development:
● To A. To integrate facilities planning with other aspects of planning in a comprehensive educational program.
● To B. To base educational specifications for school buildings on identifiable learner needs.
● To C. To design for sufficient flexibility to permit program modification or the installation of new programs.
● To D. To design school buildings as economically as feasible, providing that learner needs are effectively and adequately and adequately met by the design.
● To E. To involve the community, school staff members, available experts, and the latest in related current development current development and research in building plans and specifications.
● To F. To analyze life-cycle costs as they compare with capital expenditures versus a maintenance and operations expense operations expense projection.
● To G. To analyze the core facility as it relates to future expansion.
● To H. To design school buildings for community use when feasible.
Adopted: date of
manualManual adoption
(Closing a School Facility)
If it is determined the Board needs to consider closing a school facility the Board may consult with the Arizona School Facilities Board (SFB) for technical assistance and for information on the impact of closing a school. The information provided from the SFB shall not require the Board to take or not take any action.
The Board recognizes the impact closing a school has on the community, the students who attend the school being considered, the projected impact on other schools in the District, and the District. In response the Board shall discuss and consider a proposed school closing at a scheduled Board meeting. The Superintendent shall present at a Board meeting demographic data related to present and future school facility needs along with information related to a school closing.
Following a decision to sell or lease a vacant and unused building or a vacant and unused portion of a building, the District may not prohibit a charter school from negotiating to buy or lease the property in the same manner as other potential buyers or lessees. The District shall attempt to obtain the highest possible value under current market conditions for the sale or lease of the vacant and unused building or the vacant and unused portion of a building.
Community members shall be provided an opportunity to address the consideration at the Board meeting.
Adopted: date of Manual adoption
LEGAL REF.:
A.R.S.
15-341
38-431.01
CROSS REF.:
JC - School Attendance Areas
In the construction of new or remodeled educational facilities, the Board requires the Superintendent to develop a set of comprehensive educational specifications. In conferences with the architect, the following specifications and statutory references shall be discussed for design inclusion:
● Information A. Information concerning the plan of school organization and estimated enrollment in the proposed building.
● A B. A description of the proposed curriculum and the teaching methods and techniques to be employed.
● A C. A schedule of space requirements, including an indication of relative locations of various spaces.
● A D. A desired layout of special areas and the equipment needed for such areas.
● An E. An outline of mechanical features and special finishes desired.
● Standards F. Standards established by the School Facilities Board.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-2001 et seq.
34-461
41-1492 et seq.
41-2163
20 U.S.C. 1400 et seq., Individuals with Disabilities Education Act
29 U.S.C. 794, Rehabilitation Act, (Section 504)
42 U.S.C. 12101 et seq., The Americans with Disabilities Act
Telephones
One (1) telephone will be provided in each elementary building (except Leupp) for teacher use only. Two (2) telephones will be provided in each middle school and high school building for teacher use only. The location will not be in the building office.
Adopted: date of manual adoption
In naming facilities, the District will consider names derived from significant geographic locations, historical events, or events of community significance, as well as worthy deceased individuals who:
● Have A. Have made unique contributions to the District; and
● Have B. Have been deceased for at least ten ten (10) years.
In this policy, the word facility refers to any school building, administration building, gymnasium, stadium, athletic field, or playground.
Renaming Existing Facilities
Renaming facilities will be discouraged. A facility has been named and represents history for countless students, parents and community. Only under extraordinary circumstances, brought by petition of a majority of teachers, students and community, will such renaming be considered by the Governing Board.
Adopted: date of
manualManual adoption
The Board recognizes that dynamic and efficient staff members dedicated to education are necessary to maintain a constantly improving educational program. The Board is interested in its personnel as individuals, and it recognizes its responsibility for promoting the general welfare of the staff members.
Duties of these staff members shall be outlined and assigned by the Superintendent.
Additionally, the Board establishes, as personnel service goals, the following:
● RecruitingA. Recruiting, selecting, and employing the best-qualified personnel to staff the school system.
● AnB. An employee appraisal program that will contribute to the continuous improvement of staff performance.
● ProfessionalC. Professional development and in-service training programs for employees that will improve their rates
of performanceof performance and retention.
● DeploymentD. Deployment of the available personnel to ensure that they are utilized as effectively as possible
within budgetarywithin budgetary constraints.
● HumanE. Human relationships necessary to obtain maximum staff performance and satisfaction.
● AF. A staff compensation program sufficient to attract and retain qualified employees within the fiscal limitations
of theof the District.
Adopted: date of
manualManual adoption
Personnel policies adopted by the Governing Board are to serve as guidelines for the efficient and successful functioning of the District.
The policies are framed and intended to be interpreted within the context of applicable laws and regulations. Changes in the laws and agency rules, as well as in the needs, conditions, purposes, and objectives of the District may result in revisions, deletions, and additions to the policies. Therefore, to the extent permitted or required by law, District personnel policies may be modified, amended, or repealed at any time as the Board determines to be in the best interest of the District. No person shall be deemed to have a vested right to continuing employment or benefits associated with District employment except as may be required by law and provided in the respective employee's written contract or employment agreement.
Wherever inconsistencies of interpretation arise, the law and regulations prevail.
Adopted: December 11, 2012date of Manual adoption
Discrimination against an otherwise qualified individual with a disability or any individual by reason of race, color, religion, sex, age, or national origin , sexual orientation and disability is prohibited. Efforts will be made in recruitment and employment to ensure equal opportunity in employment for all qualified persons.
Adopted: April 23, 2013date of Manual adoption
LEGAL REF.:
A.R.S.
13-904
41-1461
41-1463
41-1465
CROSS REF.:
AC - Nondiscrimination
ACA - Sexual Harassment
IHBA - Special Instructional Programs and Accommodations for Disabled Students
JB - Equal Educational Opportunities
KED - Public Concerns/Complaints about Facilities or Services
REGULATION
EQUAL EMPLOYMENT OPPORTUNITY
Compliance Officer
The Superintendent shall be the compliance officer. Any person who feels unlawfully discriminated against or to have been the victim of unlawful discrimination by an agent or employee of the District or who knows of such discrimination against another person should file a complaint with the Superintendent. If the Superintendent is the one alleged to have unlawfully discriminated, the complaint shall be filed with the President of the Board.
Complaint Procedure
The District is committed to investigating each complaint and to taking appropriate action on all confirmed violations of policy. The Superintendent shall investigate and document complaints filed pursuant to this regulation as soon as reasonable, within the established timelines. In investigating the complaint, the Superintendent will maintain confidentiality to the extent reasonably possible. The Superintendent shall also investigate incidents of policy violation that are raised by the Governing Board, even though no complaint has been made.
If after the initial investigation the Superintendent has reason to believe that a violation of policy has occurred, the Superintendent shall determine whether or not to hold an administrative hearing and/or to recommend bringing the matter before the Board.
If the person alleged to have violated policy is a teacher or an administrator, the due process provisions of the District's Policy GCQF shall apply, except that the supervising administrator may be assigned to conduct the hearing. In cases of serious misconduct, dismissal or suspension proceedings in accordance with A.R.S. 15-539 et seq. may be initiated.
If the person alleged to have violated policy is a support staff employee, the Superintendent may follow due process and impose discipline under Policy GDQD if the evidence so warrants. The Superintendent also may recommend a suspension without pay, recommend dismissal, or impose other appropriate discipline.
If the person alleged to have violated policy is a student, the Superintendent may impose discipline in accordance with policies Policies JK, JKD and JKDJKE.
If the Superintendent's investigation reveals no reasonable cause to believe policy has been violated, the Superintendent shall so inform the complaining party in writing.
Timelines
The complaint must be filed within thirty (30) calendar days after the complaining party knew or should have known that there were grounds for a complaint/grievance.
Once the written complaint has been filed using the forms provided by the District, the Superintendent shall require the immediate supervisor or site administrator to investigate and respond in writing to the complaining party within five (5) working days.
If the immediate supervisor or site administrator does not respond, the Superintendent will have ten (10) additional working days to respond in writing to the complaining party.
If the Superintendent does not respond within the established time, then the complaining party may request in writing that the issue be brought before the Board. The Board will then review the record of the investigation and have thirty (30) days to respond to the complaining party in writing.
EXHIBIT
EQUAL EMPLOYMENT OPPORTUNITY
COMPLAINT FORM
(To be filed with the compliance officer as provided in GBA-R)
Please print:
Name _______________________________ Date __________________
Address ______________________________________________________
Telephone __________ Another phone where you can be reached ________
During the hours of _____________________________________________
E-mail address _________________________________________________
I wish to complain against:
Name of person, school (department), program, or activity _______________
______________________________________________________________
______________________________________________________________
Address _______________________________________________________
Specify your complaint by stating the problem as you see it. Describe the incident, the participants, the background to the incident, and any attempts you have made to solve the problem. Be sure to note relevant dates, times, and places.
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
If there is anyone who could provide more information regarding this, please list name(s), address(es), and telephone number(s).
Name Address Telephone Number
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
The projected solution
Indicate what you think can and should be done to solve the problem. Be as specific as possible.
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
I certify that this information is correct to the best of my knowledge.
____________________________________
Signature of Complainant
The compliance officer, as designated in GBA-R, shall give one (1) copy to the complainant and shall retain one (1) copy for the file.
Individual Rights
The Board agrees that every teacher shall have the right to freely organize, join, and support the Association and its affiliates. The Board agrees that it shall not directly or indirectly discourage or deprive or coerce any teacher in the exercise of any rights conferred by law, and shall not discriminate against any teacher with respect to hours, wages, or any terms or conditions of employment by reason of membership in the Association and its affiliates, bargaining with the Board, or his institution of any grievance, complaint, or proceeding under this policy or otherwise with respect to any terms of conditions of employment.
No continuing teacher shall be nonrenewed, dismissed, suspended, reprimanded, or reduced in rank or compensation without just cause. Any such action by the Board or representative thereof shall be subject to the grievance procedure.
If a meeting with an administrator results in a reprimand, warning, or disciplinary action for any infraction of Board policy, rules, or regulations, or for delinquency in professional performance, a teacher shall have the right to a subsequent meeting to discuss such allegations in the presence, if desired, of a representative of the Association.
Nothing contained in this policy shall be construed to deny or restrict to any teacher any such rights as he may have under applicable laws and regulations. The rights granted to teachers hereunder shall be deemed to be in addition to those provided elsewhere.
A teacher shall not be disciplined or reduced in rank or compensation without just cause. Any such action taken by the Board or any agent or representative thereof shall be subject to the grievance procedure.
Suspension of any teacher by the Board shall be consistent with provisions contained in A.R.S. 15-540, 15-341(25), and 15-342(16).
Accepting the responsibility for such a decision, both legal and professional, a teacher may choose to refuse to carry out an administrative order or directive that may threaten or jeopardize the health or safety of himself, a student, or other individuals in the exercise of his duties or is contrary to reasonable health or safety standards. Following such an incident, the decisions involved in the incident will be reviewed using procedures required at Formal Level One of the grievance procedure.
With the exception of such things as misdemeanors, criminal charges, or violation of the FEA Code of Ethics, the Board shall attempt to confine its assessment or evaluation of an employee to the performance of contractual responsibilities.
Within the judgment of an administrator, any complaint directed against a teacher should be communicated to the teacher involved. Dismissal proceedings shall not be initiated against a teacher unless the teacher has had notification and the opportunity to respond to any complaint. Dismissal proceedings shall not be taken by an administrator solely on the basis of hearsay or anonymous complaint.
The Board agrees that no teacher shall be discriminated against by the District on the basis of race, color, religion, sex, age, national origin, sexual orientation and disability in hiring and firing; compensation, fringe benefits, classifying, referring, assigning, or promoting teachers; extending or assigning use of facilities; or training, retraining, or any other terms, conditions, or privileges of employment.
Adopted: April 23, 2013
A provision of the 1964 Civil Rights Act allows private and government employers on or near a federal trust Indian reservation to publicly announce and practice a policy giving preferential treatment in hiring to Indian candidates. Indian preference may supersede the equal employment opportunity laws contained in Subchapter VI, Chapter 21 (Civil Rights) of Title 42, U.S. Code.
Therefore, the following exceptions may apply, notwithstanding any other rule, regulation, or policy (e.g., GBA) of the Governing Board.
Indian means, for purposes of the District's Indian Preference in Employment policy, "any person who is presently an enrolled member of a federally recognized tribe."
As used in this policy, the term Indian preference in employment shall mean that in the selection process Native American candidates who meet or surpass qualifications for a position shall be given preference for positions established by the Governing Board. The preference standards for each position shall be outlined by the Governing Board prior to opening the position for interested applicants.
The Governing Board may waive any of the above requirements by a formal vote. Such waiver shall apply only to individual employment as determined by the Board on a case-by-case basis. In each case where a waiver of Indian preference occurs, the Board shall make a record of the occurrence, which shall be included in the official minutes of the Board.
Adopted: date of Manual adoption
LEGAL REF.:
A.R.S.
15-502
41-1463
25 U.S.C. 450e
42 U.S.C. 2000e-2(1)
CROSS REF.:
GBA - Equal Employment Opportunity
It shall be the policy of the Board to encourage employee participation in the decision making for the District. The Superintendent is authorized to establish such committees as necessary to recommend policies and regulations that will enhance the operation of the District.
In recommending policies to the Board and in the development of regulations for the operation of the District, the Superintendent may involve at the planning stage, whenever feasible, any employees who may be affected by such provisions.
The Superintendent shall establish, with certificated and support staff employees, channels for the ready intercommunication of ideas and feelings regarding the operation of the schools. The Superintendent shall weigh with care the counsel given by employees and inform the Board of such counsel in presenting recommendations for Board action.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-321
(Statement of Ethics for School Employees)
All employees of the District are expected to maintain high standards in their school relationships. These standards must be idealistic and at the same time practical, so that they can apply reasonably to all staff members. The employees acknowledge that the schools belong to the public they serve for the purpose of providing educational opportunities to all. However, every employee assumes responsibility for providing leadership in the school and community. This responsibility requires the employee to maintain standards of exemplary conduct. It must be recognized that the employee's actions will be viewed and appraised by the community, associates, and students. To these ends, the Board adopts the following statement of ethics for its staffstatements of standards.
The school employee:
● Makes A. Makes the well-being of students the fundamental value of all decision making and actions.
● Maintains B. Maintains just, courteous, and proper relationships with students, parents, staff members, and others.
● Strives C. Strives for the maintenance of efficiency and knowledge of developments in the employee's field of work.
● Fulfills D. Fulfills job responsibilities with honesty and integrity.
● Directs E. Directs any criticism of other staff members or of any department of the school system toward improving the District. Such constructive criticism is to be made directly to the school administrator who has the responsibility for improving the situation.
● Supports F. Supports the principle of due process and protects the civil and human rights of all individuals.
● Obeys G. Obeys local, state, and national laws and does not knowingly join or support organizations that advocate, directly or indirectly, the overthrow of the government.
● Implements H. Implements the Governing Board's policies and administrative rules and regulations.
● I. Refrains from using school contacts and privileges to promote partisan politics, sectarian religious views, or selfish propaganda of any kind.
● Pursues J. Pursues appropriate measures to correct any laws, policies, or regulations that are not consistent with sound educational goals.
● Avoids K. Avoids using position for personal gain through political, social, religious, economic, or other influence.
● Maintains L. Maintains the standards and seeks to improve the effectiveness of the profession through research and continuing and continuing professional development.
● M. Stresses the proper use and protection of all school properties, equipment, and materials.
● Honors N. Honors all contracts until fulfillment or release.
In the performance of duties, employees shall keep in confidence such information as they may secure unless disclosure serves District purposes or is required by law.
Code of Ethics of the
Education Profession
The Board and the Association urge and encourage each employee to adhere to the Code of Ethics of the Education Association as currently endorsed by the National Education Association:
Code of EthicsAdopted
by 1975 Representative AssemblyThe educator, believing in the worth and dignity of each human being, recognizes the supreme importance of the pursuit of truth, devotion to excellence, and the nurture of democratic principles. Essential to these goals is the protection of freedom to learn and to teach and the guarantee of equal educational opportunity for all. The educator accepts the responsibility to adhere to the highest ethical standards.
The educator recognizes the magnitude of the responsibility inherent in the teaching process. The desire for the respect and confidence of one's colleagues; of students, of parents, and of the members of the community provides the incentive to attain and maintain the highest possible degree of ethical conduct. The Code of Ethics of the Education Profession indicates the aspiration of all educators and provides standards by which to judge conduct.
The remedies specified by the NEA and/or its affiliates for the violation of any provision of this Code shall be exclusive and no such provision shall be enforceable in any form other than one specifically designated by the NEA or its affiliates.
PRINCIPLE I:
Commitment to the StudentThe educator strives to help each student realize his or her potential as a worthy and effective member of society. The educator therefore works to stimulate the spirit of inquiry, the acquisition of knowledge and understanding, and the thoughtful formulation of worthy goals.
In fulfillment of the obligation to the student, the educator
1. Shall not unreasonably restrain the student from independent action in the pursuit of learning.
2. Shall not unreasonably deny the student access to varying points of view.
3. Shall not deliberately suppress or distort subject matter relevant to the student's progress.
4. Shall make reasonable effort to protect the student from conditions harmful to learning or to health and safety.
5. Shall not intentionally expose the student to embarrassment or disparagement.
6. Shall not on the basis of race, color, creed, sex, national origin, marital status, political or religious beliefs, family, social or cultural background, or sexual orientation, unfairly -
a. Exclude any student from participation in any program.
b. Deny benefits to any student.
c. Grant any advantage to any student.
7. Shall not use professional relationships with students for private advantage.
8. Shall not disclose information about students obtained in the course of professional service, unless disclosure serves a compelling professional purpose or is required by law.
PRINCIPLE II: Commitment to the Profession
The education profession is vested by the public with a trust and responsibility requiring the highest ideals of professional service.
In the belief that the quality of the services of the education profession directly influences the nation and its citizens, the educator shall exert every effort to raise professional standards, to promote a climate that encourages the exercise of professional judgment, to achieve conditions which attract persons worthy of the trust to careers in education, and to assist in preventing the practice of the profession by unqualified persons.
In fulfillment of the obligation to the profession, the educator -
1. Shall not in an application for a professional position deliberately make a false statement or fail to disclose a material fact related to competency and qualification.
2. Shall not misrepresent his/her professional qualifications.
3. Shall not assist any entry into the profession of a person known to be unqualified in respect to character, education, or other relevant attribute.
4. Shall not knowingly make a false statement concerning the qualifications of a candidate for a professional position.
5. Shall not assist a noneducator in the unauthorized practice of teaching.
6. Shall not disclose information about colleagues obtained in the course of professional service unless disclosure serves a compelling professional purpose or is required by law.
7. Shall not knowingly make false or malicious statements about a colleague.
8. Shall not accept any gratuity, gift, or favor that might impair or appear to influence professional decisions or action.
Adopted: date of manualdate of Manual adoption
LEGAL REF.:
A.A.C.
R7-2-205
Nepotism
A person may not beEmployment of Close Relatives
No person employed by the District at a school where a relative is a member of the administrative team or would supervise that employee. Relative as used herein means spouse, child, grandchild, parent, grandparent, brother or sister, and their spouses and the parent, brother, sister, or child of a spouse. Supervision as used herein includes evaluation, setting of day-to-day assignments, authorization of specific hours to be worked on a day-to-day basis, and recommendation or decision-making authority concerning hiring, contract issuance or renewal, salary or wages, job continuation, promotion, demotion, discipline, and dismissal.
Should two (2) employees, through marriage or other legal action, acquire a family relationship that would be prohibited by the preceding paragraph, each employee will be given the option for a period of one hundred twenty (120) days or June 30, whichever is longer, of applying for any available vacancy within the District for which the employee is qualified and selected. If no such vacancies exist, or the employee is not selected for such a position, the Superintendent shall reassign the less senior employee to a position within the District, without loss of salary, wages, or benefits, that will not involve a supervisor-subordinate relationship between the employees, at such time as the Superintendent shall determine to be in the best interests of the District.
This policy shall not prevent the employment of two (2) or more relatives in the same building, or in any setting where one (1) relative is not the supervisor of the other, but prohibits the employment of relatives only where one (1) is the supervisor of the other as supervision is defined above. The provisions of Arizona's conflict-of-interest laws [A.R.S. 38-501 et seq.] shall be observed in addition to this policy.
Employment of Close Relatives
may be directly supervised by a close relative (father, mother, son, daughter, sister, brother, or spouse). This policy will apply for summer or part-time work as well as for full-time employment.
A dependent of a Board member (a person more than half [1/2] of whose support is obtained from a Board member) cannot be hired in the District except by consent of the Board. The spouse of a Board member cannot be employed by the District.
Business Relations
Any employee who has, or whose relative has, a substantial interest in any decision of the District shall make known this interest in the official records of the District, and shall refrain from participating in any manner as an employee in such a decision.
Vendor Relations
No employee of the District will accept gifts from any person, group, or entity doing, or desiring to do, business with the District. The acceptance of any business-related gratuity is specifically prohibited, except for widely distributed, advertising items of nominal value.
This policy should not be construed to deem unacceptable inexpensive novelty advertising items of general distribution. Acceptance of business lunches meals and holiday gifts for general consumption are acceptable under this policy.
District Purchases
from Employees
The District must comply with competitive purchasing rules for any acquisition of goods or services from District employees regardless of the dollar amount. The District may acquire equipment, material, supplies, or services from its employees only under an award or contract let after public competitive bidding [A.R.S. 38-503; A.G.O. I06-002]. The requirement applies to any purchase using District monies, including extracurricular activities fees, tax credit contributions, and monies held in trust by the District such as student activities monies, when a District employee acts as the vendor. Oral and written quotations do not satisfy the public competitive bidding requirements.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-323
15-421
15-502
38-481
38-501 et seq.
38-503
A.G.O.
I06-002
CROSS REF.:
BCB - Board Member Conflict of Interest
DJE - Bidding/Purchasing Procedures
EXHIBIT
STAFF CONFLICT OF INTEREST
I, _____________________________________________________, do hereby indicate:
1. That I am presently an officer/employee of the Flagstaff Unified ____________________________
_______________________________ School District;
2. That I (or my relative[s]: _______________________________________
________________________________________________________) have a substantial interest in the contract, sale, purchase, or service to or decision by the Flagstaff Unified School District No. 1 _______________________________ Governing Board as described below.
3. That I shall refrain from participating in any manner in my capacity as an employee or officer of Flagstaff Unified __________________________________
School District in such contract, sale, purchase, service to, or decision by the Governing Board unless specifically permitted to do so by law.
________________________ ___________________________________
Date Date Signature
Description of Conflict:
All employees of the District are expected to conduct themselves in a manner consistent with effective and orderly education and to protect students and District property. No employee shall, by action or inaction, interfere with or disrupt any District activity or encourage any such disruption. No employee, other than one who has obtained authorization from the appropriate school administrator, shall carry or possess a weapon on school grounds. All employees shall at all times attempt to maintain order, abide by the policies, rules, and regulations of the District, and carry out all applicable orders issued by the Superintendent.
Potential consequences to employees of the District who violate these rules may include, but are not limited to:
● Removal A. Removal from school grounds.
● Both B. Both civil and criminal sanctions, which may include, but are not limited to, criminal proceedings under Title 13Title 13, Chapter 29, Arizona Revised Statutes.
● WarningC. Warning.● Reprimand
D. Reprimand.●
SuspensionE. Suspension.
● DismissalF. ● Having Dismissal.
G. Having consideration given to any such violations in the determination of or establishment of any pay or salary in salary in later contracts or employment, if any.
Reporting Suspected
Crimes or Incidents
Staff members are to report any suspected crime against a person or property that is a serious offense, involves a deadly weapon or dangerous instrument or that could pose a threat of death or serious injury to employees, students or others on school property. All such reports shall be communicated to the Superintendent who shall be responsible for reporting to local law enforcement.
A person who is employed by the School District or is an applicant for employment with the School District, who is arrested for or charged with any nonappealable offense listed in section 41-1758.03, subsection B and who does not immediately report the arrest or charge to the person's supervisor or potential employer is guilty of unprofessional conduct and the person shall be immediately dismissed from employment with the School District or immediately excluded from potential employment with the School District. A person dismissed from employment for failure to report being arrested for or charged with a nonappealable offense has no right to appeal under the provisions of A.R.S. 15-539, subsection GF. Prior to an action to terminate for failure to report, an employee will be given the opportunity to provide a written explanation of circumstances or events which they believe mitigate the failure to report.
Use of Physical Force by
Supervisory Personnel
Any administrator, teacher, or other school employee entrusted with the care and supervision of a minor may use reasonable and appropriate physical force upon the minor to the extent reasonably necessary and appropriate to maintain order. Similar physical force will be appropriate in self-defense, in the defense of other students and school personnel, and to prevent or terminate the commission of theft or criminal damage to the property of the District or the property of persons lawfully on the premises of the District.
The threat or use of physical force is not justified as a response to verbal provocation alone, nor when the degree of physical force used is disproportionate to the circumstances or exceeds that necessary to avoid injury to oneself or to others or to preserve property at risk.
Adopted: January 8, 2013date of Manual adoption
LEGAL REF.:
A.R.S.
13-2911
13-3102
13-3111
13-3411
15-341
15-342
15-507
15-509
15-511
15-514
15-521
15-539
15-550
38-531
38-532
41-770
41-1758.03
A.A.C.
R7-2-205
CROSS REF.:
GCF - Professional Staff Hiring
GCMF - Professional Staff Duties and Responsibilities
JIC - Student Conduct
JK - Student Discipline
KFA - Public Conduct on School Property
REGULATION
STAFF CONDUCT
No employee, while on or using school property, otherwise acting as an agent, or working in an official capacity for the District shall engage in:
A. Physical or verbal abuse of, or threat of harm to, anyone.
B. Causing damage, or threat of damage, to property of the District or property of a member of the community or a visitor to the school when the property is located on premises controlled by the District.
C. Forceful or unauthorized entry to or occupation of District facilities, including buildings and grounds.
D. Use, possession, distribution, or sale of alcohol or of drugs or other illegal substances.
E. Use of profane or abusive language, symbols, or conduct.
F. Failure to comply with lawful direction of District officials, security officers, or any other law-enforcement officer, or failure to identify oneself to such officials or officers when lawfully requested to do so.
G. The carrying or possession of a weapon on school grounds without authorization from the appropriate school administrator.
H. A violation of District policies and regulations.
I. Any conduct violating federal, state, or applicable municipal law or regulation.
J. Any other conduct that may obstruct, disrupt, or interfere with teaching, research, service, administrative, or disciplinary functions of the District, or any other activity sponsored or approved by the Board.
K. The use of District resources, as defined in A.R.S. 15-511 and District Policy GBI, Staff Participation in Political Activities, to influence the outcome of an election.
In addition to the foregoing, all staff members are expected to:
A. Thoroughly acquaint themselves with the rules, regulations, and other information applicable to them contained within the policies of the Board.
B. Conduct themselves in a manner consistent with effective and orderly education and to protect the students and the District property.
C. Maintain order in a manner consistent with District policies and regulations.
D. Comply promptly with all orders of the Superintendent and the administrator who is their immediate supervisor.
E. Dress and maintain a general appearance that reflects their position and does not detract from the educational program of the school.
F. Comply with the requirement of A.R.S. 15-515 by immediately reporting to the Superintendent or the administrator who is their immediate supervisor:
1. A violation of A.R.S. 13-3102 [possession of a deadly weapon on school grounds].
2. A violation of A.R.S. 13-3111 [possession of a firearm by a minor without authorization (in Maricopa and Pima Counties and where otherwise adopted by local ordinance)].
3. A violation of A.R.S. 13-3411 [possession, use, or intent to sell marijuana, peyote, or dangerous or narcotic drugs, or intent to sell prescription-only drugs in a drug-free school zone (i.e., school grounds and the area within three hundred [300] feet and public property within one thousand [1,000] feet of school grounds, the area at a school bus stop, and a school bus)].
Any administrator receiving a report of a violation of A.R.S. 13-3102, 13-3111, or 13-3411 shall immediately report such violation to a peace officer in compliance with A.R.S. 15-515.
Employees of the District who violate these rules are subject to disciplinary action.
Social media is the use of web-based and mobile technologies to communicate through interactive dialogue. Social media technologies include but are not limited, to blogs, picture-sharing, vlogs, wall-postings, e-mail, instant messaging, music-sharing, crowdsourcing, voice over IP (VoIP), Facebook, LinkedIn, My Space, Twitter, You Tube, and any successor protocol to transmit information. Mobile technologies are any devices that: transmit sounds, images, texts, messages, videos, or electronic information; electronically records, plays, or stores information; or accesses the Internet, or private communication or information networks. Current examples are Smartphones such as BlackBerry, Android, iPhone, and other such mobile technologies and subsequent generations of these and related devices.
The Governing Board recognizes how web-based and mobile technologies are fundamentally changing opportunities to communicate with individuals or groups and how their use can empower the user and enhance discourse. The Board equally recognizes that the misuse of such technologies can be potentially damaging to the District, employees, students and the community. Accordingly, the Governing Board requires all employees to adhere to adopted policies and to utilize digital communications and electronic devices in a professional manner at all times.
The Board establishes the following parameters:
District employees
A. shall adhere to all Governing Board policies related to technologies including but not limited to the use of District technology, copyright laws, student rights, parent rights, the Family Educational Rights and Privacy Act (FERPA), staff ethics, and staff-student relations;
B. are responsible for the content of their posting on any form of technology through any form of communication;
C. shall only use District controlled and approved technologies when communicating with students or parents;
D. shall ensure that technologies used to communicate with students and District staff are maintained separate from personal technologies used to communicate with others;
E. shall not use District owned or provided technologies to endorse or promote a product, a cause or a political position or candidate;
F. in all instances must be aware of his/her association with the District and ensure the related content of any posting is consistent with how they wish to present themselves to colleagues, community members, parents and students;
G. shall not use District logos or District intellectual property without the written approval of the Superintendent;
H. shall use technologies to enhance and add value to communications with all recipients and be respectful of those with whom they communicate;
I. shall immediately report all misuse or suspected misuse of technology to their direct supervisor/administrator who in turn will immediately report to the Superintendent;
J. shall comply with all applicable records management parameters established by Arizona State Library, Archives and Public Records.
The Superintendent shall communicate the above to all employees of the District at the beginning of each school year and to newly hired employees as part of the hiring process.
The Superintendent shall establish which technologies are approved for use by employees to communicate with parents and students. Approved technologies shall be communicated to the Board and employees prior to the start of every school year, to newly elected Board members prior to taking office, and to newly hired employees as part of the hiring process.
The Superintendent shall determine which records retention and management guidelines as established by the Arizona State Library, Archives and Public Records are applicable to this Board policy and communicate these guidelines to the Board and employees prior to the start of every school year, to newly elected Board members prior to taking office, and newly hired employees as part of the hiring process.
Violations of this policy may result in disciplinary action up to and including termination and may constitute a violation of federal or state law in which case appropriate law enforcement shall be notified. The Superintendent shall report violations of this policy to the Board and shall make reports to the appropriate law enforcement agency when determined necessary.
Adopted: date of Manual adoption
LEGAL REF.:
A.R.S.
15-341
15-514
CROSS REF.:
GBEA - Staff Ethics
GBEB - Staff Conduct
GBEBB - Staff Conduct With Students
GCQF - Discipline, Suspension, and Dismissal of Professional Staff Members
GDQD - Discipline, Suspension, and Dismissal of Support Staff Members
IJNDB - Use of Technology Resources in Instruction
JIC - Student Conduct
EXHIBIT
STAFF CONDUCT
NOTIFICATION CONCERNING
NONAPPEALABLE OFFENSES
Notice is herein provided, in accordance with A.R.S. 15-550, that any employee of a public school district or charter school in this state who is arrested for or charged with one (1) or more of the offenses listed below as nonappealable offenses precluding that person from receiving a fingerprint clearance card shall immediately report the arrest or charge to the person's supervisor or the person shall be immediately dismissed from employment with the public school district or charter school. A person dismissed from employment for failure to report being arrested for or charged with a nonappealable offense has no right to appeal under the provisions of A.R.S. 15-539, subsection F.
|
Further, an employee who is convicted of one (1) or more of the above listed offenses shall immediately:
● Surrender A. Surrender any certificates issued by the department of education.
● Notify B. Notify the person's employer or potential employer of the conviction.
● Notify C. Notify the department of public safety of the conviction.
● Surrender D. Surrender the person's fingerprint clearance card.
By my signature I acknowledge receipt of a copy of this notification concerning nonappealable offenses.
___________________________________ ___ __________________________
Employee Employee signature DateDate
Employees are expected to exercise general supervision over the conduct of students, not only while in the schoolroom, but also before and after school and during recess. At all times teachers and other staff members will accord students the dignity and respect that they deserve, and avoid embarrassing any student unnecessarily.
Students are expected to regard all school employees as individuals who are employed to provide direct or indirect contributions to learning. While students are to have considerable latitude in making choices for themselves, they shall be required to respect the rights of all school employees and other students, and interference with those rights will not be tolerated.
Students shall not have the right to interfere with the efforts of instructional staff members to coordinate or assist in learning, to disseminate information for purposes of learning, or to otherwise implement a learning program. Nor shall a student have the right to interfere with the motivation to learn or the learning activities and efforts of other students. No student shall have the right to interfere with or disrupt any employee's work activities.
All personnel employed by the District are expected to relate to students of the District in a manner that maintains social and moral patterns of behavior consistent with community standards and acceptable professional conduct.
Relationships between staff members and students that include "dating," "courtship," or "romantic involvement" are prohibited. These behaviors deviate from ethical or professional standards and shall be deemed unacceptable and contrary to the expectations of District governance.
Staff/student relationships shall reflect mutual respect between staff members and students and shall support the dignity of the entire profession and educational process.
Violations of the above shall be considered serious and may result in severe disciplinary action.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-321
15-341
15-514
CROSS REF.:
JIC - Student Conduct
Gifts
Students, parents, and other patrons of the District shall be discouraged from the routine presentation of gifts to employees. This shall not be interpreted as intended to discourage acts of generosity in unusual situations, and simple remembrances expressive of affection or gratitude shall not be regarded as violations of this policy.
Gifts to students by staff members shall be discouraged. Simple remembrances on certain occasions to all students in a class or section shall not be regarded as a violation of this policy.
Solicitations
A school employee's position in the District shall not be used to influence parents or students to purchase books or other merchandise, except for materials approved by the Superintendent for use in the classroom.
Staff-member solicitation(s) of other employees and/or students for any profit, nonprofit, or charitable groups, institutions, or organizations must have the approval of the Superintendent in advance.
No other solicitations shall be made by or of employees during official duty time.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-321
No employee shall violate the law or District policy in the manufacture, distribution, dispensing, possession, or use, on or in the workplace, of alcohol or any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, or any other controlled substance, as defined in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation at 21 C.F.R. 13001308.11 through 13001308.15.
Workplace includes any school building or any school premises and any school-owned vehicle or any other school-approved vehicle used to transport staff members or students to and from school or school activities or on school business. Off school property, the workplace includes any school-sponsored or school-approved activity, event, or function where students or staff members are under the jurisdiction of the District. In addition, the workplace shall include all property owned, leased, or used by the District for any educational or District business purpose.
Any employee who has been convicted under any criminal drug statute for a violation occurring in the workplace, as defined above, shall notify the supervisor within five (5) days thereof that such conviction has occurred.
As a condition of employment, each employee shall abide by the terms of the District policy respecting a drug-free workplace.
Any employee who violates this policy in any manner is subject to discipline, which may include, but is not limited to, dismissal.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
13-2911
13-3401 et seq.
15-341
A41 U.AS.C.
R7-2-312
34 702, Drug-free workplace requirements for Federal grant recipients.
21 C.F.R. Part 85
P.L. 100-690 Title V, Subtitle D.1308.11 et seq.
34 C.F.R. Part 85
CROSS REF.:
EEAEAA - Drug and Alcohol Testing of Transportation Employees
EXHIBIT
DRUG - FREE WORKPLACE
NOTICE TO EMPLOYEES
YOU ARE HEREBY NOTIFIED that it is a violation of Policy GBEC for any employee to violate the law or District policy in the manufacture, distribution, dispensing, possession, or use, on or in the workplace, of alcohol or any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, or any other controlled substance, as defined in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation at 21 C.F.R. 1308.11 through 1308.15.
Workplace includes any school building or any school premises and any school-owned vehicle or any other school-approved vehicle used to transport staff members or students to and from school or school activities or on school business. Off school property, the workplace includes any school-sponsored or school-approved activity, event, or function where students or staff members are under the jurisdiction of the District. In addition, the workplace shall include all property owned, leased, or used by the District for any educational or District business purpose.
YOU ARE FURTHER NOTIFIED that it is a condition of your employment that you will comply with Policy GBEC, and will notify your supervisor of your conviction under any criminal drug statute for a violation occurring in the workplace, not later than five (5) days after such conviction.
Any employee who violates the terms of the District's drug-free workplace policy in any manner is subject to discipline, which may include, but is not limited to, dismissal and/or referral for prosecution.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
I have been provided with two (2) copies of this this Notice to Employeesfor for my review and signature. I understand that a signed copy will be placed in my personnel file.
____________________________________ _ _______________________
Signature
Signature Date
EXHIBIT
DRUG - FREE WORKPLACE
In order to comply with federal funding requirements, the District shall:
● GatherA. Gather information relative to availability of local community drug and alcohol counseling, rehabilitation,
and reentryand reentry programs that are available to employees and make such information available to employees.
● ProvideB. Provide each employee a copy of standards of conduct and the statement of disciplinary sanctions
that apply tothat apply to alcohol and drug violations. Use Exhibit GBEC-EA to notify employees that compliance
with suchwith such standards is mandatory.
The District should perform a biennial review of the programs to:
● EnsureA. Ensure that disciplinary sanctions for employees are consistently enforced.
● DetermineB. Determine program effectiveness and implement change to the program if needed.
Employee Drug Use, Abuse
or Possession
The nonmedical use, abuse, or possession of drugs and/or use or possession of alcohol is forbidden on District property or at District-sponsored activities. Employees determined to be in possession of, using, or abusing drugs or alcohol shall be reported immediately to the employee's principal or supervisor. The Superintendent shall be notified immediately.
Any employee under the influence of or in the possession of drugs or alcohol while on school property shall be subject to immediate suspension from teaching duties.
The Superintendent shall conduct an investigation in consultation with legal counsel as necessary. Employees that violate this policy may be disciplined up to and including termination. If the investigation shows sufficient evidence to suggest that the employee was involved with distribution or otherwise in violation of the law, law enforcement authorities shall be notified.
Medical Marijuana
The District recognizes Arizona's medical marijuana law and shall not discriminate against a person in hiring, termination or imposition of any term or condition of employment or otherwise penalize a person on the basis of the person's status as an eligible medical marijuana cardholder, or as a registered qualifying patient, having a positive drug test for marijuana components or metabolites, unless the person used, possessed or was impaired by marijuana on District property, at a District event, or during the hours of the persons regular or extended hours of employment, or as prescribed by law.
Adopted: December 11, 2012date of Manual adoption
LEGAL REF.:
A.R.S.
13-2911
13-3401 et seq.
15-341
23-493
23-493.03
36-2801 et seq.
41 U.S.C. 702, Drug-free workplace requirements for Federal grant recipients.
34 C.F.R. Part 85
CROSS REF.:
EEAEAA - Drug and Alcohol Testing of Transportation Employees
(Illegal Drugs)
The use or possession of intoxicants or illegal drugs on school property or at school events is prohibited.
Any person in violation of the provisions of the above paragraph shall be subject to removal from school property and shall be subject to prosecution in accordance with the provisions of the law.
Staff members of the District who are in violation of the provisions of this policy shall be subject to disciplinary actions in accordance with the provisions of school regulations.
A staff member who apparently has consumed alcoholic beverages or illegal drugs on or off school property and/or before a school activity will not be allowed to be on school property or to participate in school activities. Staff members who violate this policy will be subject to the same penalties as for possession and/or consumption on school property.
An employee of the District who, pursuant to local conditions or an employment contract with the District, resides on District property or resides in District housing may possess and use alcohol at the employee's residence subject to the following restrictions:
● The A. The employee shall not possess (except for possession at said residence), sell, offer to sell, transfer, use, or be or be under the influence of alcohol while on duty.
● Any B. Any alcohol consumption that occurs on school property when the employee is not on duty shall be done in moderation in moderation and shall occur within the employee's residence.
Adopted: date of
manualManual adoption
The possession or use of tobacco products, tobacco substitutes, electronic cigarettes, other chemical inhalation devices, or vapor products is prohibited in the following locations:
● School A. School grounds.● School
B. School buildings.
● School C. School parking lots.
● School D. School playing fields.
● School E. School buses and other District vehicles.
● OffF. Off-campus school-sponsored events.
Under the provisions of A.R.S. 36-798.03, a person who violates the prohibition is guilty of committing a petty offense.
The prohibitions do not apply to an adult when possession or use of the tobacco products are for demonstration purposes as a necessary instructional component of a tobacco prevention or cessation program that is:
● Approved A. Approved by the school.
● Established B. Established in accord with Arizona Revised Statute 15-712.
Adopted: November 12, 2013date of Manual adoption
LEGAL REF.:
A.R.S.
13-3622
15-341
15-712
36-798.03
20 U.S.C. 6083
CROSS REF.:
JICG - Tobacco Use by StudentsKFAA - Smoking on School Premises at Public Functions
REGULATION
STAFF CONDUCT
(Employee Dress Code)
Effective July 1, 2013
The Flagstaff Unified School District (FUSD) employs a district-wide dress code to support employee safety and promote educational professionalism. Educational professionalism defines the District and sets the expectation of how it is perceived by students, parents, co-workers, community members, vendors, potential new hires, and government officials. Therefore, appropriate personal dress is required of all employees, student teachers and volunteers.
Below is a guidelines of inappropriate dress code items; however, it is not an all-inclusive list. Principals and Directors are afforded the ability to make determination of appropriate personal dress for their departments/locations in recognition of unique school and community events. For example, some positions require specific dress, such as closed-toed shoes, uniforms, outdoor gear, athletic clothes, and protective equipment. These specific requirements are communicated upon hire, and throughout the year, by the employees' Principal or Director.
Not Acceptable:
● Dirty and unwashed clothing - poor personal hygiene.
● Clothing with obvious frays, holes, or tears.
● Revealing and see-through clothing.
● Beachwear including rubber and/or plastic flip-flops and swimsuits.
● Pajamas and sweats.
● Clothing with non-FUSD related advertisements or imprints displaying illegal activities.
● Non-FUSD logo T-shirts (plain solid colors are ok).
● Spaghetti strap tank tops (straps typically less than 2" in width).
● Hats worn inside the building (acceptable outside the building).
Dress must be appropriate for the season (for example: winter boots with safe soles for snow/ice conditions vs. high heels). If a school has a student dress code, the employee level of dress should meet those requirements as well.
If you need clarity on an item, ask your principal or director for guidance prior to wearing it to avoid dressing inappropriately.
Failure to adhere to this guideline will result in disciplinary action including, but not limited to: verbal warning, being sent home to change, a letter of direction, and further actions for multiple offenses.
All employees shall be covered by workers' compensation insurance for any accident while on assignment, including an accident on school property or while on official business off school property. An employee must report any such accident to the supervisor's office immediately, since a report on the time of the accident, persons involved, and how it happened is required.
Adopted: date of Manual adoption
LEGAL REF.:
A.R.S.
15-505
23-901
23-902
23-904
23-906
23-908
23-961
23-962
CROSS REF.:
EBBB - Accident Reports
GBGC - Employee Assistance
REGULATION
WORKERS' COMPENSATION
Any employee who has an accident, no matter how slight, while on duty shall notify the supervisor immediately. Failure to follow this procedure could result in the loss of workers' compensation benefits.
After being notified by an employee, the supervisor shall complete and submit the Report of Industrial Injury to the District office.
The Superintendent, upon receiving the supervisor's report, shall, within ten (10) days after notification, submit the Report of Industrial Injury to the insurance carrier.
Compensation Claims
When a job-related injury/accident requires medical attention and absence from the workplace, the following conditions shall apply:
A. The physician will be responsible for reporting the circumstances of the injury to the District, the Industrial Commission, and the District's insurance carrier.
B. During the first seven (7) days of absence due to a job-related injury/accident, the employee will be placed on sick leave, provided the employee has accumulated sufficient sick leave.
C. If a job-related injury/accident results in more than seven (7) days absence, the insurance carrier will be responsible for handling the claim for lost pay. During such period the employee may be directed to:
1. Endorse over to the District the payments received from the insurance carrier, continue to receive a regular salary, and be charged sick leave. When the amount of the insurance payment is determined and received by the District, the employee's sick leave record will be adjusted for that fraction of the time paid by the insurance carrier (e.g., the insurance carrier pays one-half [1/2] of the normal salary of the employee, the sick leave will be adjusted on a pro rata basis); or
2. Draw compensation from the insurance carrier, provide the District with a record of such payment, and receive payment for sick leave pay for the uncompensated portion of missed time, up to the limit of accumulated sick leave.
D. In no event will an employee receive a combined salary and worker's compensation in excess of the employee's regular salary.
E. An employee who has used all accumulated sick leave will be removed from the payroll and will receive only such amounts as are paid by the District's insurance carrier.
EXHIBIT
WORKERS' COMPENSATION
EARLY RETURN TO WORK
Determining if a Job Offer can be
Made for Early Return from an
Illness or Injury
The District need only consider an early return when a job that can be performed by the early return employee is available. Creation of a position is not required.
When considering an early return assignment the District should:
A. Analyze the job and determine its purpose and essential functions.
B. Consult with the employee to determine the precise job limitations imposed by the attending physician.
C. Determine if the employee can perform the duties of the job.
D. Analyze the risk of reinjury or deterioration of the employee's condition.
Adjustments in the job description for personal accommodations such as an amenity or convenience that is not job related shall not be the responsibility of the District. The District shall require that all aspects of the job description be performed adequately.
Threats
The Superintendent shall establish procedures that provide for the protection of any employee who is threatened with harm by an individual or a group while carrying out assigned duties.
Eye Protective Devices
The Superintendent shall establish procedures for every student, teacher, and visitor in public schools that shall require the wearing of appropriate eye protective ware while participating in or when observing vocational, technical, industrial arts, art, or laboratory science activities.
The Board shall equip the schools with eye protective ware.
Schools may receive and expend federal, state, and local monies to provide eye protective devices.
Adopted: date of
manualManual adoption
REGULATION
STAFF PERSONAL SECURITY
AND SAFETY
Threats
Any employee who is threatened with harm by an individual or a group while carrying out assigned duties shall immediately notify the building school principal or supervisor. The principal or supervisor shall then immediately notify the Superintendent's office of the threat and together they shall take immediate steps in cooperation with the employee to provide every reasonable precaution for the employee's safety. Precautionary steps, including any advisable legal action, shall be reported to the Superintendent's office at the earliest possible time.
Eye Protective Devices
Every student, teacher, and visitor in public schools shall wear appropriate eye protective ware while participating in or when observing vocational, technical, industrial arts, art, or laboratory science activities involving exposure to:
● Molten A. Molten metals or other molten materials.
● CuttingB. Cutting, shaping, and grinding of materials.
● Heat C. Heat treatment, tempering, or kiln firing of any metal or other materials.
● Welding D. Welding fabrication processes.
● Explosive E. Explosive materials.
● Caustic F. Caustic solutions.
● Radiation G. Radiation materials.
The Board shall equip the schools with eye protective ware.
Schools may receive and expend federal, state, and local monies to provide eye protective devices.
For purposes of this procedure, eye protective ware means devices meeting the standards of the U.S.A. Standard Safety Code for head, eye, and respiratory protection, Z21-1959, and subsequent revisions thereof, approved by the United States of America Standards Institute, Inc.
EXHIBIT
PERSONNEL RECORDS AND FILES
A person or entity shall not, unless specifically provided by law:
A. Intentionally communicate or make an individual's social security number available to the general public.
B. Print an individual's social security number on any card required for the individual to receive services.
C. Require the transmission of an individual's social security number over the internet unless providing a secure connection or the social security number is encrypted.
D. Require the use of an individual's social security number to access a web site unless a password or unique personal identification number or other authentication device is also required to access the site.
E. Print a number that the person or entity knows to be an individual's social security number on any materials that are mailed to the individual unless required by law to place these numbers on the material.
1. This does not preclude the transmission of documents of enrollment, amendment, termination, or contracting for financial services nor does it preclude transmitting documents confirming the accuracy of the numbers previously submitted.
2. No requirement is made to check third party submitted numbers and unless the recipient of the number has actual knowledge that the number is or includes the individual's social security number, the person or entity may print the number on materials that are mailed to the individual.
3. No prohibition on mailing the individual any copy or reproduction of a document that includes a social security number is made if the social security number was included on the original document before January 1, 2005.
4. The exception is that if a social security number has been used inconsistent with the use described above after January 1, 2005, so long as the usage is continuous, the person or entity may continue to use the number subject to the conditions below:
a. If the use stops for any reason then the social security number cannot be used and the use reverts to the conditions bulleted above.
b. Each year the entity must provide the individual with an annual written disclosure of the individual's right to stop the use of the social security number as prohibited above.
c. If an individual requests in writing, the person or entity must stop using the number in any manner conflicting with the law. No fee or charge is allowed, and the entity shall not deny services to the individual because of the request.
The law does not prohibit the collection, use or release of a social security number required by the laws of this state or the United States or for internal verification or administrative purposes.
Unless otherwise provided by law, after January 1, 2005 documents or records recorded and made available on the recording entity's web site shall not contain more than five (5) numbers reasonably identifiable as part of a social security number and shall not contain financial account numbers. A penalty of five hundred dollars ($500) for each act of recording is possible.
All employees shall be covered by workers' compensation insurance for any accident while on assignment, including an accident on school property or while on official business off school property. An employee must report any such accident to the supervisor's office immediately, since a report on the time of the accident, persons involved, and how it happened is required.
Employees may be required by the Superintendent, for purposes of employment or retention, to submit to such tests or examinations as a licensed physician deems appropriate.
When, in the opinion of the immediate supervisor and/or the Superintendent, the employee's physical or emotional condition warrants, the District may require a complete examination, at District expense, by a licensed physician selected by the District.
The Superintendent shall have procedures for complying with the requirements of the Occupational Safety and Health Administration (OSHA), including an exposure-control plan, methods of compliance, work-practice controls, postexposure evaluation and follow-up, and administering vaccine to employees exposed to Hepatitis B virus.
All employees who as a result of their employment have had significant exposure to bloodborne pathogens (Hepatitis B/Human Immunodeficiency Virus) are required to report the details of the exposure in writing to the District and are required to follow postexposure evaluation and follow-up activities in accordance with Arizona and federal laws. An employee who chooses not to complete these reporting requirements will be at risk of losing any claim to rights.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-505
23-901
23-902
23-904
23-906
23-908
23-961
23-962
CROSS REF.:
EBBB - Accident Reports
GBGD - Workers' Compensation
EXHIBIT
EMPLOYEE ASSISTANCE
BLOODBORNE PATHOGEN REQUIREMENTS
Exposure Control Plan
Employee(s) with occupational exposure to human blood, human blood components, products made from human blood, or pathogenic microorganisms, including but not limited to Hepatitis B virus or HIV, shall comply with this Exposure Control Plan designed to eliminate or minimize employee exposure.
This Exposure Control Plan contains the following elements:
● The A. The exposure determination outlined below.
● The B. The schedule and method of implementation.
● The C. The procedure for the evaluation of circumstances surrounding exposure.
A copy of this Exposure Control Plan shall be accessible to employees.
This Exposure Control Plan shall be reviewed and updated at least annually and whenever necessary to reflect new or modified tasks and procedures that affect occupational exposure, and to reflect new or revised employee positions with occupational exposure.
This Exposure Control Plan shall be made available to the Assistant Secretary of Labor and the Director of the Occupational Safety and Health Administration upon request for examination and copying.
Exposure Determination
The District has determined that employee positions may involve the following levels of exposure to bloodborne pathogens as a collateral function to the primary job description:
● High A. High risk - Coaches, physical education instructors, custodians, certain special education program personnel, playground playground duty personnel, health services personnel, and security personnel.
● Moderate B. Moderate risk - Regular instructional program personnel, other special education program personnel, school level school level office personnel, maintenance personnel, food services personnel, and special assignment personnel personnel (e.g., counselors, librarians).
● Low C. Low risk - District level office personnel.
Methods of Compliance
General. Universal Universal precautions shall be observed by all District employees to prevent contact with blood or other potentially infectious materials. Under circumstances in which differentiation between body fluid types is difficult or impossible, all body fluids shall be considered potentially infectious materials.
Engineering and work practice controls:
● Engineering A. Engineering and work practice controls shall be used to eliminate or minimize employee exposure. If occupational If occupational exposure remains after institution of these controls, personal protective equipment shall also be shall also be used.
● Engineering B. Engineering controls shall be examined and maintained or replaced on a regular schedule to ensure their effectivenesstheir effectiveness.
● The C. The District shall provide hand-washing facilities that are readily accessible to employees.
● When D. When provision of hand-washing facilities is not feasible, the District shall provide either an appropriate antiseptic appropriate antiseptic hand cleanser in conjunction with clean cloth/paper towels or antiseptic towelettes. When antiseptic When antiseptic hand cleansers or towelettes are used, hands shall be washed with soap and running water as water as soon as feasible.
● The E. The District requires that employees wash their hands immediately or as soon as feasible after removal of gloves of gloves or other personal protective equipment. Supervisory personnel shall ensure compliance.
● The F. The District requires that employees wash hands and any other skin with soap and water, or flush mucous membranes mucous membranes with water immediately or as soon as feasible following contact of such body areas with blood or blood or other potentially infectious materials. Supervisory personnel shall ensure compliance.
● Contaminated G. Contaminated needles and other contaminated sharps shall not be bent, recapped, or removed except as noted as noted below. Shearing or breaking of contaminated needles is prohibited.
■ Contaminated 1. Contaminated needles and other contaminated sharps shall not be recapped or removed unless no other no other alternative is feasible or such action is required by a specific medical procedure as determined by determined by a competent medical professional qualified to make such determination.
■ Such 2. Such recapping or needle removal must be accomplished through the use of a mechanical device or a onea one-handed technique.
● Immediately H. Immediately or as soon as possible after use, contaminated reusable sharps shall be placed in appropriate containers appropriate containers until properly reprocessed.
● I. Eating, drinking, smoking, applying cosmetics or lip balm, and handling contact lenses are prohibited in work areas where there is a reasonable likelihood of occupational exposure.
● J. Food and drink shall not be kept in refrigerators, freezers, shelves, or cabinets, or on countertops or benchtops or benchtops where blood or other potentially infectious materials are present.
● All K. All procedures involving blood or other potentially infectious materials shall be performed in such a manner as to as to minimize splashing, spraying, spattering, and generation of droplets of these substances.
● Mouth L. Mouth pipetting/suctioning of blood or other potentially infectious materials is prohibited.
● M. Specimens of blood or other potentially infectious materials shall be placed in a container that prevents leakage prevents leakage during collection, handling, processing, storage, transport, or shipping.
■ The 1. The container for storage, transport, or shipping shall be labeled or color coded according to law and closed and closed prior to being stored, transported, or shipped. When a facility utilizes "universal precautions" in the in the handling of all specimens, the labeling/color coding of specimens is not necessary, provided containers provided containers are recognizable as containing specimens. This exemption applies only while such specimenssuch specimens/containers remain with the facility. Labeling or color coding is required when such specimenssuch specimens/containers leave the facility.
■ If 2. If outside contamination of the primary container occurs, the primary container shall be placed within a second a second container that prevents leakage during handling, processing, storage, transport, or shipping and is and is labeled or color coded according to the requirements of this standard.
■ If 3. If the specimen could puncture the primary container, the primary container shall be placed within a secondary a secondary container that is puncture resistant in addition to the above characteristics.
● Equipment N. Equipment that may become contaminated with blood or other potentially infectious materials shall be examined prior to servicing or shipping and shall be decontaminated as necessary, unless the decontamination of such equipment or portions of such equipment is not feasible as determined by a supervisory employee supervisory employee assigned to make such determination.
■ A 1. A readily observable label in accordance with law shall be attached to the equipment stating which portions which portions remain contaminated.
■ This 2. This information shall be conveyed to all affected employees, the servicing representative, and/or the manufacturerthe manufacturer, as appropriate, prior to handling, servicing, or shipping so that appropriate precautions will precautions will be taken.
Personal protective equipment:
● A. Provision. When When occupational exposure occurs, the District shall provide, at no cost to the employee, appropriate appropriate personal protective equipment such as, but not limited to, gloves, gowns, laboratory coats, face face shields or masks and eye protection, and mouthpieces, resuscitation bags, pocket masks, or other ventilation other ventilation devices. Personal protective equipment will be considered "appropriate" only if it does not permit not permit blood or other potentially infectious materials to pass through to or reach the employee's work clotheswork clothes, street clothes, undergarments, skin, eyes, mouth, or other mucous membranes under normal conditions normal conditions of use and for the duration of time that the protective equipment will be used.
● B. Use. The The District requires that all exposed employees use appropriate personal protective equipment unless the unless the District documents that a specific employee temporarily and briefly declined to use personal protective equipment protective equipment when, under rare and extraordinary circumstances, it was such employee's professional judgment that judgment that in the specific instance its use would have prevented the delivery of health care or public safety services or services or would have posed an increased hazard to the safety of the worker or co-worker. When the employee makes this judgment, the circumstances shall be reported by the employee and investigated and documented by documented by the District in order to determine whether changes can be instituted to prevent such occurrences in the futurethe future.
● C. Accessibility. Appropriate Appropriate personal protective equipment in the appropriate sizes must be readily accessible at accessible at the work site or issued to employees. Hypoallergenic gloves, glove liners, powderless gloves, or other similar other similar alternatives shall be readily accessible to employees who are allergic to the gloves normally provided.
● D. Cleaning, laundering, and disposal. The The District shall clean, launder, and dispose of personal protective equipment protective equipment required in this standard, at no cost to the employee.
● E. Repair and replacement. The The District shall repair or replace personal protective equipment as needed to maintain to maintain its effectiveness, at no cost to the employee.
● Any F. Any garment(s) penetrated by blood or other potentially infectious materials shall be removed immediately or as or as soon as feasible.
● All G. All personal protective equipment shall be removed prior to leaving the work area.
● When H. When personal protective equipment is removed it shall be placed in an appropriately designated area or container or container for storage, washing, decontamination, or disposal.
● I. Gloves. Gloves Gloves shall be worn when it can be reasonably anticipated that the employee may have hand contact hand contact with blood, other potentially infectious materials, mucous membranes, and nonintact skin; when performing when performing vascular access procedures; and when handling or touching contaminated items or surfaces.
■ Disposable 1. Disposable (single-use) gloves, such as surgical or examination gloves, shall be replaced as soon as practical as practical when contaminated or as soon as feasible if they are torn, punctured, or their ability to function as function as a barrier is compromised.
■ Disposable 2. Disposable (single-use) gloves shall not be washed or decontaminated for reuse.
■ Utility 3. Utility gloves may be decontaminated for reuse if the integrity of the gloves is not compromised. However However, they must be discarded if they are cracked, peeling, torn, punctured, or exhibit other signs other signs of deterioration or when their ability to function as a barrier is compromised.
Housekeeping:
● A. General. The The work site must be maintained in a clean and sanitary condition. The District shall establish, attach attach hereto, and implement an appropriate written schedule for cleaning and the method of decontamination based upon the location within the facility, type of surface to be cleaned, type of soil present, and tasks or and tasks or procedures being performed in the area.
● All B. All school activity areas are cleaned daily.
● In C. In cleaning operations involving human blood, a cleaning solution consisting of ten to one (10:1) ratio of water and water and bleach will be used.
● All D. All equipment and environmental and working surfaces shall be cleaned and decontaminated after contact with contact with blood or other potentially infectious materials.
■ Contaminated 1. Contaminated work surfaces shall be decontaminated with an appropriate disinfectant after completion of completion of procedures, immediately or as soon as feasible when surfaces are overtly contaminated or after any spill any spill of blood or other potentially infectious materials, and at the end of the work shift if the surface may have may have become contaminated since the last cleaning.
■ Protective 2. Protective coverings - such as plastic wrap, aluminum foil, or imperviously backed absorbent paper used to paper used to cover equipment and environmental surfaces - shall be removed and replaced as soon as feasible as feasible when they become overtly contaminated or at the end of the work shift if they may have become have become contaminated during the shift.
■ All 3. All bins, pails, cans, and similar receptacles intended for reuse that have a reasonable likelihood of becoming of becoming contaminated with blood or other potentially infectious materials shall be inspected and decontaminated and decontaminated on a regularly scheduled basis and cleaned and decontaminated immediately or as soon as soon as feasible upon visible contamination.
■ Broken 4. Broken glassware that may be contaminated shall not be picked up directly with the hands. It shall be cleaned be cleaned up using mechanical means such as a brush and dust pan, tongs, or forceps.
■ Reusable 5. Reusable sharps that are contaminated with blood or other potentially infectious materials shall not be stored be stored or processed in a manner that requires employees to reach by hand into the containers where these where these sharps have been placed.
● E. Regulated waste:
■ Contaminated 1. Contaminated sharps discarding and containment:
⇒ Contaminated a. Contaminated sharps shall be discarded immediately or as soon as feasible in containers that are:
♦ ClosableI. ♦ Closable.
II. Puncture resistant.
♦ Leakproof III. Leakproof on sides and bottom.
♦ Labeled IV. Labeled or color coded.
⇒ During b. During use, containers for contaminated sharps shall be:
♦ Easily I. Easily accessible to personnel and located as close as is feasible to the immediate area where area where sharps are used or can be reasonably anticipated to be found (e.g., laundries).
♦ II. Maintained upright throughout use.
♦ Replaced III. Replaced routinely and not be allowed to overfill.
⇒ When c. When moving containers of contaminated sharps from the area of use, the containers shall be:
♦ Closed I. Closed immediately prior to removal or replacement to prevent spillage or protrusion of contents of contents during handling, storage, transport, or shipping.
♦ Placed II. Placed in a secondary container if leakage is possible. The second container shall be:
ù
i. Closable.
ù
ii. Constructed to contain all contents and prevent
leakage during handling
leakage during handling, storage, transport, or
shipping.
ù Labeled
iii. Labeled or color coded.
⇒ Reusable d. Reusable containers shall not be opened, emptied, or cleaned manually or in any other manner that manner that would expose employees to the risk of percutaneous injury.
■ Other 2. Other regulated waste containment:
⇒ Regulated a. Regulated waste shall be placed in containers that are:
♦ ClosableI. ♦ Constructed Closable.
II. Constructed to contain all contents and prevent leakage of fluids during handling, storage storage, transport, or shipping.
♦ Labeled III. Labeled or color coded.
♦ Closed IV. Closed prior to removal to prevent spillage or protrusion of contents during handling, storage storage, transport, or shipping.
⇒ If b. If outside contamination of the regulated waste container occurs, it shall be placed in a second containersecond container. The second container shall be:
♦ ClosableI. ♦ Constructed Closable.
II. Constructed to contain all contents and prevent leakage of fluids during handling, storage storage, transport, or shipping.
♦ Labeled III. Labeled or color coded.
♦ Closed IV. Closed prior to removal to prevent spillage or protrusion of contents during handling, storage storage, transport, or shipping.
■ Disposal 3. Disposal of all regulated waste shall be in accordance with applicable regulations of the United States, states, territories, and political subdivisions of states and territories.
● F. Laundry:
■ Contaminated 1. Contaminated laundry shall be handled as little as possible, with a minimum of agitation.
⇒ Contaminated a. Contaminated laundry shall be bagged or containerized at the location where it was used and shall not be sorted or rinsed in the location of use.
⇒ Contaminated b. Contaminated laundry shall be placed and transported in bags or containers labeled or color coded. When a facility utilizes universal precautions in the handling of all soiled laundry, alternative labeling or color coding is sufficient if it permits all employees to recognize the containers as requiring compliance with universal precautions.
⇒ Whenever c. Whenever contaminated laundry is wet and presents a reasonable likelihood of soak-through of or leakage through of or leakage from the bag or container, the laundry shall be placed and transported in bags or containers that prevent soaking-through and/or leakage of fluids to the exterior.
■ Employees 2. Employees who have contact with contaminated laundry must wear protective gloves and other appropriate other appropriate personal protective equipment.
■ When 3. When a facility ships contaminated laundry off-site to a second facility, which does not utilize universal precautions universal precautions in the handling of all laundry, the facility generating the contaminated laundry must place such place such laundry in bags or containers that are labeled or color-coded.
Hepatitis B Vaccination and Postexposure
Evaluation and Follow-up
General:
● A. The District shall make available the hepatitis B vaccine and vaccination series to all employees who have who have occupational exposure, and postexposure evaluation and follow-up to all employees who have had have had an exposure incident.
● The B. The District requires that all medical evaluations and procedures, including the hepatitis B vaccine, and vaccination and vaccination series and postexposure evaluation and follow-up, including prophylaxis, are:
■ Made 1. Made available at no cost to the employee.
■ Made 2. Made available to the employee at a reasonable time and place.
■ Performed 3. Performed by or under the supervision of a licensed physician or by or under the supervision of another licensed another licensed health care professional.
■ Provided 4. Provided according to recommendations of the U.S. Public Health Service current at the time these evaluations these evaluations and procedures take place, except as specified in this section on hepatitis B vaccination and vaccination and postexposure evaluation and follow-up.
● The C. The District requires that all laboratory tests be conducted by an accredited laboratory at no cost to the employeethe employee.
Hepatitis B vaccination:
● Hepatitis A. Hepatitis B vaccination shall be made available after the employee has received the training required and within and within ten (10) working days of initial assignment to all employees who have occupational exposure unless the employee the employee has previously received the complete hepatitis B vaccination series, antibody testing has revealed has revealed that the employee is immune, or the vaccine is contraindicated for medical reasons.
● The B. The District shall not make participation in a prescreening program a prerequisite for receiving hepatitis B vaccinationB vaccination.
● If C. If the employee initially declines hepatitis B vaccination but at a later date while still covered under the standard the standard decides to accept the vaccination, the District shall make available hepatitis B vaccination at that at that time.
● The D. The District requires all employees who decline to accept hepatitis B vaccination that is offered to sign the following the following statement:
I understand that due to my occupational exposure to blood or other potentially infectious materials I may be at risk of acquiring hepatitis B virus (HBV) infection. I have been given the opportunity to be vaccinated with hepatitis B vaccine, at no charge to myself. However, I decline hepatitis B vaccination at this time. I understand that by declining this vaccine, I continue to be at risk of acquiring hepatitis B, a serious disease. If in the future I continue to have occupational exposure to blood or other potentially infectious materials and I want to be vaccinated with hepatitis B vaccine, I can receive the vaccination series at no charge to me.
● If A. If a routine booster dose(s) of hepatitis B vaccine is recommended by the U.S. Public Health Service at a future a future date, such booster dose(s) shall be made available.
Postexposure evaluation and follow-up. Following a report of an exposure incident, the District shall make immediately available to the exposed employee a confidential medical evaluation and follow-up, including at least the following elements:
● Documentation A. Documentation of the route(s) of exposure, and the circumstances under which the exposure incident occurredincident occurred.
● Identification B. Identification and documentation of the source individual, unless the District can establish that identification is infeasible is infeasible or prohibited by state or local law.
■ The 1. The source individual's blood shall be tested as soon as feasible, and after consent is obtained, in order to order to determine HBV and HIV infectivity. If consent is not obtained, the District shall establish that legally required legally required consent cannot be obtained. When the source individual's consent is not required by law, the source the source individual's blood, if available, shall be tested and the result documented.
■ When 2. When the source individual is already known to be infected with HBV or HIV, testing for the source individualsource individual's known HBV or HIV status need not be repeated.
■ Results 3. Results of the source individual's testing shall be made available to the exposed employee, and the employee the employee shall be informed of applicable laws and regulations concerning disclosure of the identity and identity and infectious status of the source individual.
● Collection C. Collection and testing of blood for HBV and HIV serological status:
■ The 1. The exposed employee's blood shall be collected as soon as feasible and tested after consent is obtainedis obtained.
■ If 2. If the employee consents to base-line blood collection, but does not give consent at that time for HIV serologic HIV serologic testing, the sample shall be preserved for at least ninety (90) days. If within ninety (90) days of days of the exposure incident the employee elects to have the base-line sample tested, such testing shall be done be done as soon as feasible.
● Postexposure D. Postexposure prophylaxis, when medically indicated, as recommended by the U.S. Public Health Service.
● CounselingE. ● Evaluation Counseling.
F. Evaluation of reported illnesses.
Information provided to the health care professional:
● The A. The health care professional responsible for the employee's hepatitis B vaccination shall be provided a copy of this of this document.
● The B. The health care professional evaluating an employee after an exposure incident shall be provided the following the following information:
■ A 1. A copy of this document.
■ A 2. A description of the exposed employee's duties as they relate to the exposure incident.
■ Documentation 3. Documentation of the route(s) of exposure and circumstances under which exposure occurred.
■ Results 4. Results of the source individual's blood testing, if available.
■ All 5. All medical records relevant to the appropriate treatment of the employee, including vaccination status, that that are the District's responsibility to maintain.
Health care professional's written opinion. The The District shall obtain and provide the employee with a copy of the evaluating health care professional's written opinion within fifteen (15) days of the completion of the evaluation.
● The A. The health care professional's written opinion for hepatitis B vaccination shall be limited to whether hepatitis B vaccination B vaccination is indicated for an employee and whether the employee has received such vaccination.
● The B. The health care professional's written opinion for postexposure evaluation and follow-up shall be limited to the following the following information:
■ That 1. That the employee has been informed of the results of the evaluation.
■ That 2. That the employee has been told about any medical conditions resulting from exposure to blood or other potentially other potentially infectious materials that require further evaluation or treatment.
● All C. All other findings or diagnoses shall remain confidential and shall not be included in the written report.
Medical record keeping. Medical Medical records required by this standard shall be maintained.
Communication of Hazards
to Employees
Labels:
● Warning A. Warning labels shall be affixed to containers of regulated waste, refrigerators and freezers containing blood or other blood or other potentially infectious material, and other containers used to store, transport, or ship blood or other potentially other potentially infectious materials, except as provided in law.
● These B. These labels shall contain the "biohazard" label.
● These C. These labels shall be fluorescent orange or orange-red or predominantly so, with lettering or symbols in a contrasting a contrasting color.
● Labels D. Labels are required to be affixed as close as feasible to the container by string, wire, adhesive, or other method other method that prevents their loss or unintentional removal.
● Red E. Red bags or red containers may be substituted for labels.
● Containers F. Containers of blood, blood components, or blood products that are labeled as to their contents and have been released been released for transfusion or other clinical use are exempted from the labeling requirements of this section on communication on communication of hazards to employees.
● Individual G. Individual containers of blood or other potentially infectious materials that are placed in a labeled container during container during storage, transport, shipment, or disposal are exempted from the labeling requirements.
● Labels H. Labels required for contaminated equipment shall be in accordance with this section and shall also state which state which portions of the equipment remain contaminated.
● I. Regulated waste that has been decontaminated need not be labeled or color coded.
Information and training:
● All A. All employees with occupational exposure shall participate in a training program, which must be provided at no cost no cost to the employees and during working hours.
● Training B. Training shall be provided as follows:
■ At 1. At the time of initial assignment to tasks where occupational exposure may take place.
■ Within 2. Within ninety (90) days after the effective date of the standard.
■ At 3. At least annually thereafter.
● For C. For employees who have received training on bloodborne pathogens in the year preceding the effective date of the standard, only training with respect to the provisions of the standard that were not included need be provided.
● Annual D. Annual training for all employees shall be provided within one (1) year of their previous training.
● The E. The District shall provide additional training when changes such as modification of tasks or procedures or institution of new tasks or procedures affects the employee's occupational exposure. The additional training may be limited to addressing the new exposures created.
● Material F. Material appropriate in content and vocabulary to educational level, literacy, and language of employees shall be used.
● The G. The training program shall contain at a minimum the following elements:
■ An 1. An accessible copy of the regulatory text of this standard and an explanation of its contents.
■ A 2. A general explanation of the epidemiology and symptoms of bloodborne diseases.
■ An 3. An explanation of the modes of transmission of bloodborne pathogens.
■ An 4. An explanation of the District's Exposure Control Plan and the means by which the employee can obtain a obtain a copy of the written plan.
■ An 5. An explanation of the appropriate methods for recognizing tasks and other activities that may involve exposure involve exposure to blood and other potentially infectious materials.
■ An 6. An explanation of the use and limitations of methods that will prevent or reduce exposure, including appropriate including appropriate engineering controls, work practices, and personal protective equipment.
■ Information 7. Information on the types, proper use, location, removal, handling, decontamination, and disposal of personal of personal protective equipment.
■ An 8. An explanation of the basis for selection of personal protective equipment.
■ Information 9. Information on the hepatitis B vaccine, including information on its efficacy, safety, method of administrationof administration, the benefits of being vaccinated, and that the vaccine and vaccination will be offered be offered free of charge.
■ Information 10. Information on the appropriate actions to take and persons to contact in an emergency involving blood or blood or other potentially infectious materials.
■ An 11. An explanation of the procedure to follow if an exposure incident occurs, including the method of reporting of reporting the incident and the medical follow-up that will be made available.
■ Information 12. Information on the postexposure evaluation and follow-up that the District is required to provide for the employee the employee following an exposure incident.
■ An 13. An explanation of the labels and/or color coding required.
■ An 14. An opportunity for interactive questions and answers with the person conducting the training session.
● The H. The person conducting the training shall be knowledgeable in the subject matter covered by the elements contained elements contained in the training program as it relates to the workplace that the training will address.
Record Keeping
Medical records:
● The A. The District shall establish and maintain an accurate record for each employee with occupational exposure as defined as defined herein.
● This B. This record shall include:
■ The 1. The name and Social Security number of the employee.
■ A 2. A copy of the employee's hepatitis B vaccination status, including the dates of all hepatitis B vaccinations B vaccinations and any medical records relative to the employee's ability to receive vaccination.
■ A 3. A copy of all results of examinations, medical testing, and follow-up procedures.
■ The 4. The District's copy of the health care professional's written opinion.
■ A 5. A copy of the information provided to the health care professional.
● C. Confidentiality. The District shall ensure that employee medical records required by law are:
■ Kept 1. Kept confidential.
■ Not 2. Not disclosed or reported, without the employee's express written consent, to any person within or outside or outside the workplace, except as required by law.
● The D. The District shall maintain the records required by law for at least the duration of employment plus thirty (30) years years.
Training records:
● Training A. Training records shall include the following information:
■ The 1. The dates of the training sessions.
■ The 2. The contents or a summary of the training sessions.
■ The 3. The names and qualifications of persons conducting the training.
■ The 4. The names and job titles of all persons attending the training sessions.
● Training B. Training records shall be maintained for three (3) years from the date on which the training occurred.
Availability:
● The A. The District shall ensure that all records required to be maintained shall be made available, upon request, to the to the Assistant Secretary of Labor and the Director of the Occupational Safety and Health Administration for examination for examination and copying.
● Employee B. Employee training records required by law shall be provided upon request for examination and copying to employeescopying to employees, to employee representatives, to the Director of the Occupational Safety and Health AdministrationHealth Administration, and to the Assistant Secretary of Labor.
● Employee C. Employee medical records required by law shall be provided upon request, for examination and copying, to the to the subject employee, to anyone having written consent of the subject employee, to the Director of the Occupational the Occupational Safety and Health Administration, and to the Assistant Secretary of Labor.
Transfer of records:
● The A. The District shall comply with the legal requirements involving transfer of records.
● If B. If the District ceases to do business and there is no successor district to receive and retain the records for the prescribed the prescribed period, the District shall notify the Director of the Occupational Safety and Health Administration, at least at least three (3) months prior to their disposal, and transmit them to the Director of the Occupational Safety and Health and Health Administration, if required by the Director of the Occupational Safety and Health Administration to do sodo so, within that three (3) month period.
Measles (Rubeola)
It shall be a condition of employment that, unless exempted, all employees, including substitutes, shall present proof of immunity to rubeola (measles) prior to reporting for work.
Evidence of immunity to measles shall consist of:
● A. A record of immunization against measles with a live virus vaccine given on or after the first birthday; or
● A B. A statement, signed by a licensed physician or a state or local health officer, that affirms serologic evidence of evidence of having had measles.
● Anyone C. Anyone born prior to January 1, 1957 shall be considered to be immune to measles. (Rubeola)
German Measles (Rubella)
Similarly, unless exempted, all employees, including substitutes, shall present proof of immunity to rubella (German measles) prior to reporting for work.
Evidence of immunity to rubella shall consist of:
● A. A record of immunization against rubella given on or after the first birthday; or
● A B. A statement, signed by a licensed physician or a state or local health officer, that affirms serologic evidence of evidence of having had rubella.
● Anyone born prior to January 1, 1957 shall be considered to be immune to German Measles. (Rubella).
General Information
Exempted employees include those with medical contraindications for receiving vaccines and those who refuse immunization for religious reasons.
Nonimmune employees, including those who utilize the exemption, shall, in the event of an outbreak of either disease, be put on leave without pay, or they may use accumulated sick leave during the period they are excluded from work due to the outbreak. If a staff member does not have any earned sick leave, a salary deduction of one (1) contract day will be made for each day of authorized leave used.
Adopted: June 12, 2007date of Manual adoption
LEGAL REF.:
A.R.S.
36-624
A.A.C.
R9-6-347
R9-6-360
R9-6-704
A.G.O.
I88-037
REGULATION
WELLNESS PROGRAMS
Unless legally exempted, all staff members must show proof of immunity to measles and rubella [see GBGCA].
Measles (Rubeola)
Acceptable proof of immunity to measles shall consist of:
● A. A record of immunization against measles with a live virus vaccine given on or after the first birthday; or
● A B. A statement, signed by a licensed physician or a state or local health officer, that affirms serologic evidence of evidence of having had measles.
● Anyone C. Anyone born prior to January 1, 1957 shall be considered to be immune to measles. (Rubeola)
German Measles (Rubella)
Evidence of immunity to rubella shall consist of:
● A. A record of immunization against rubella given on or after the first birthday; or
● A B. A statement, signed by a licensed physician or a state or local health officer, that affirms serologic evidence of evidence of having had rubella.
General Information
In the event of an outbreak of either disease, memory of immunization date is not acceptable; medical documentation of immunity is required.
Staff members who are not in compliance shall be put on leave without pay until they are in compliance.
In the event of an outbreak of measles or rubella, nonimmune staff members, including those who utilize the exemption, must be excluded from school.
Implementing Policy
The District shall generate a list of all employees to identify those who need proof of immunity to measles.
The Superintendent shall distribute information about the District's policy on measles and rubella.
The Superintendent shall collect proof of immunity from staff members and compile a list denoting immunity or nonimmunity of staff members.
Nonimmune staff members shall be referred for vaccine to a physician or the County Health Department. Their records will be updated as they receive vaccine.
Maintaining Policy
Throughout each school year, new staff members shall be required to show proof of immunity before employment.
A list of nonimmune employees shall be maintained and updated throughout the year.
In the event of an outbreak of either disease, memory of immunization date is not acceptable; medical documentation of immunity is required.
A staff member who is injured through no fault of their own as a result of a direct physical attack or a physical attack directed against another individual or District property and is qualified for benefits under Worker's Compensation shall not have their leave diminished by one-third (1/3) of a day as specified in Policy GCCB for the initial uninterrupted absence following the physical attack, not to exceed one hundred seventy-nine (179) teaching days.
Adopted: date of manual adoption
(Bullying, Intimidation and Harassment
Other than Sexual Harassment)
Purpose
All individuals associated with the District, including but not necessarily limited to the Governing Board, the administration, faculty and staff have the right to a safe and supportive school and work environment in which all members of the District community are treated with respect within a culture of acceptance. Individuals shall not bully, intimidate or harass any student, employee or any other person on school grounds, school property, school buses, school bus stops or at school-sponsored events and activities. Nor shall any individual encourage, solicit, aid or abet another person in the bullying, harassment or intimidation.
Definition of Harassment,
Intimidation and Bullying
For the purpose of this policy, harassment, intimidation and bullying means any unwanted action which may include a gesture, any written, verbal, physical conduct or any electronic communication whether a single incident or a series of incidents based on real or perceived actions towards any person, person's friends, relatives or associates, or groups for any reason including but not limited to someone's race, color, national origin, ethnicity, religion, disability, age, sex, gender expression or identity or sexual orientation.
Adopted: June 28, 2011
LEGAL REF.:
A.R.S.
15-341
CROSS REF.:
GBEA - Staff Ethics
GBEB - Staff Conduct
GCQF - Discipline, Suspension, and Dismissal of Professional Staff Members
GDQD - Discipline, Suspension, and Dismissal of Support Staff Members
(Communicable Diseases)
It is the policy of the School District to take reasonable and lawful measures to protect students and staff members from the transmission of communicable diseases. The Superintendent is authorized to adopt such procedures as are necessary to implement this policy in a manner consistent with state and federal laws.
Exclusion from School
A staff member who has a communicable disease shall be excluded from school only if the staff member presents a direct threat to the health or safety of others in the school workplace. The outbreak control measures and other directives of the Department of Health Services (DHS) and local health agencies shall be acted upon as the best medical knowledge and judgments with regard to the exclusion of a staff member who has a communicable disease that is addressed by DHS regulations. The communicable diseases specifically addressed by DHS regulations are listed at A.A.C. R9-6-301 203 et seq.
A staff member who has a chronic communicable disease, such as tuberculosis or HIV/AIDS, shall not be excluded unless a significant risk is presented, to the health and safety of others, which cannot be eliminated by reasonable accommodation. The Superintendent shall consult with legal counsel and health professionals, as necessary, to ensure that exclusion of a staff member with a chronic communicable disease will not violate the staff member's rights under the Americans with Disabilities Act or Section 504 of the Rehabilitation Act.
The school nurse or other person designated by the Superintendent must reassess a staff member who is excluded from school because of a communicable disease before the staff member returns to work. The District may require a physician's written medical release as a condition for the staff member's return to work.
Reporting and Notification
The District shall report by telephone to its local health agency each diagnosed and suspected case of a communicable disease that must be reported under state or local law. Disease outbreaks that the District must report by telephone within twenty-four (24) hours, pursuant to A.A.C. R9-6-202(C), are:
● Foodborne/waterborne illness.
● Giardiasis.
● Haemophilus influenzae, type b, invasive disease.
● Hepatitis A.
● Measles (rubeola).
● Meningococal invasive disease.
● Mumps.
● Pertussis (whooping cough).
● Rubella (German measles).
● Scabies.
● Shigellosis.
Outbreaks of pediculosis (lice infestation) also must be reported, pursuant to A.A.C. R9-6-342.
as set out in Regulation JLCB-R.
If an outbreak of a communicable disease occurs in a school setting, the Superintendent or the school nurse shall promptly inform staff members who are known to have special vulnerability to infection. The District does not assume any duty to notify an employee of health risks caused by the presence of a communicable disease in the school setting unless the at-risk employee has notified the District of the conditions when notification is needed.
Confidentiality
The District shall make reasonable efforts to maintain the confidentiality of staff members' medical conditions. All medical information relating to employees is confidential. The identity of a staff member who has a communicable disease and/or the nature of the communicable disease may be disclosed only to:
● Staff A. Staff members who must have such information to carry out their duties under this policy; or
● Staff B. Staff members or students (or their parents/guardians) who must have such information to protect themselves from themselves from direct threat to their health or safety.
Inquiries or concerns by staff members or others regarding communicable diseases or a staff member who is known or believed to have a communicable disease shall be directed to the Superintendent or the school nurse.
Universal Precautions
The District shall follow the "Universal Precautions Standard" set forth in the attached Exhibit GBGCB-E to protect employees who are at risk of being exposed to blood and body fluids in the course of their work.
Food Service Workers
The District shall follow the guidance of the U.S. Department of Health and Human Services concerning infectious and communicable diseases transmitted through the handling of food, and special precautions required for food services workers.
HIV/AIDS
Current medical information indicates that HIV can be transmitted by sexual intercourse with an infected partner, by injection of infected blood products, and by transmission from an infected mother to her child in utero or during the birth process. None of the identified cases of HIV infection in the United States are known to have been transmitted in a school setting or through any other casual person-to-person contact. There is no evidence that HIV is spread by sneezing, coughing, shaking hands, hugging, or sharing toilets, food, water, or utensils. According to best medical knowledge and judgments, the use of the "universal precautions" and other procedures that implement this policy are sufficient to protect staff members and students from transmission of HIV at school.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
36-621
36-624
A.A.C.
R9-6-203 et et seq.
R9-6-355
29 U.S.C. 794 794 et seq. Rehabilitation Rehabilitation Act, (Section 504)
42 U.S.C. 12101 et et seq. (Americans with Disabilities Act)
29 C.F.R. 1630.1 et et seq. (ADA guidelines)
29 C.F.R. 1910.10 10 et seq. (OSHA Universal Precautions Standard)
CROSS REF.:
GBGC - Employee Assistance
GBGCA - Wellness Programs
JLCB-R - Immunizations of Students
REGULATION
STAFF VIOLENCE / HARASSMENT /
INTIMIDATION / BULLYING
(Bullying, Intimidation And Harassment
Other than Sexual Harassment)
Procedures for Making
Formal Complaints
A staff member who believes he or she has been the victim of or is a witness to bullying, intimidation, or harassment shall immediately notify any supervisor or administrator.
The District employee receiving the report/complaint or personally witnesses bullying, intimidation, or harassment, shall immediately report the incident to the appropriate supervisor or other administrator.
All written complaints of bullying, intimidation, and harassment, shall be documented on the District's complaint form, GBG-EA, Staff Violence/Harassment/Intimidation/Bullying Complaint Form, which is available from the a supervisor or other administrator. Verbal reports of bullying, intimidation, and harassment will be put in writing by the individual complaining or by the person who receives the complaint. Both the person making the complaint and the person completing the complaint form will sign the form (Complaint Form GBG-EA).
Failure to report an alleged incident of bullying, intimidation, or harassment may subject the District employee to disciplinary action.
Confidentiality of those involved shall be preserved, disclosing information only to the appropriate supervisor/administrator or as otherwise required by law.
Acts of retaliation or reprisal are prohibited. A person who commits an act of retaliation or reprisal shall be subject to disciplinary action.
Knowingly submitting a false report under Policy GBG or this regulation may subject the employee to disciplinary action.
Procedures for Investigation
of Report/Complaint
The supervisor or administrator shall immediately ensure the safety of the staff involved, and immediately initiate an investigation of all allegation(s) of bullying, intimidation, or harassment. The completion of the full investigation shall not exceed five (5) days during the school year, or ten (10) days when school is not in session. The investigation may include interviews of persons involved, including the alleged victim(s), perpetrator(s), and witnesses.
Prior to the end of time period, the supervisor or administrator shall meet with the person who reported/complained to discuss conclusions and actions and will prepare a written report of findings, utilizing Form GBG-EB.
Consequences
All violations of Policy GBG shall be treated in accordance with the appropriate procedures and penalties proposed by A.R.S. 15-341 and provided for under Policy GCQF, Discipline, Suspension, and Dismissal of Professional Staff Members, and Policy GDQD, Discipline, Suspension, and Dismissal of Support Staff Members. Consequences for staff range from reprimand up to and including termination as explained in staff discipline policies.
Prevention
Each supervisor or administrator has the responsibility of maintaining a work environment free of bullying, intimidation, and harassment. Supervisors or administrators shall take appropriate actions to reinforce the School District's bullying, intimidation, and harassment policy. These actions will include:
● Provide staff in-service training once each school year.
● Policy GBG, Staff Violence/Harassment/Intimidation/Bullying, and this reporting procedure shall be discussed each school year.
● Written copies of District policy regarding bullying, intimidation, and harassment, are available on the District website.
● Supervisors and administrators shall provide additional information for staff on the procedures for reporting bullying, intimidation, and harassment on an as-needed basis.
● Bullying, intimidation, and harassment posters must be posted in or near the office of all sites. The poster must contain the purpose, definition, and reporting procedure.
EXHIBIT
STAFF HEALTH AND SAFETY
COMMUNICABLE DISEASES
Handling Body Fluids in School
The following guidelines are meant to provide simple and effective precautions against transmission of disease for all people potentially exposed to the blood or body fluids of any person (student and/or school employee). No distinction is made between body fluids from persons with a known disease or those from persons without symptoms or with an undiagnosed disease.
The body fluids of all people should be considered to contain potentially infectious agents. The term term body fluidsincludes includes blood, semen, drainage from scrapes and cuts, feces, urine, vomit, respiratory secretions (such as nasal discharge), and saliva.
● Whenever A. Whenever possible, avoid direct skin contact with body fluids. Disposable gloves are recommended when direct when direct hand contact with body fluids is anticipated. If extensive contact is made with body fluids, hands must be must be washed afterwards. Gloves used for this purpose should be put in a plastic bag, secured, and disposed of dailydisposed of daily.
● If B. If direct skin contact does occur, hands and other affected skin areas of all exposed people shall be routinely washed routinely washed with soap and water.
● Proper C. Proper handwashing requires the use of soap and water and vigorous washing under a stream of running water running water for approximately ten (10) seconds.
● Clothing D. Clothing and other nondisposable items that are soaked through with body fluids should be rinsed and placed and placed in plastic bags. If presoaking is required to remove stains, rinse or soak the item in cold water prior to baggingwater prior to bagging. Clothing should be sent home with the student for washing, with appropriate directions to directions to parents and teachers (see laundry see laundry instructions below). Always Always wear gloves when handling items that have that have come in contact with body fluids.
● Contaminated E. Contaminated disposable items shall be handled with disposable gloves, put in a plastic bag, secured, and disposed and disposed of daily.
● Body F. Body fluid spills on hard surfaces (i.e., floors, countertops, books, et cetera) shall be disinfected with bleach bleach (diluted to ten [10] parts water and one [1] part bleach). Gloves shall always be worn during cleanup.
● Cleaning G. Cleaning equipment:
■ Nondisposable 1. Nondisposable cleaning equipment (such as dust pans, brooms, and buckets) shall be disinfected by thoroughly disinfected by thoroughly rinsing in diluted bleach (ten [10] parts water and one [1] part bleach). Mops shall be soaked be soaked in the disinfectant after use and then rinsed with hot water. The disinfectant solution shall be shall be promptly disposed of down a drain pipe.
■ Disposable 2. Disposable cleaning equipment (such as paper towels, the vacuum bag, or sweepings) shall be placed in placed in plastic bags, secured, and disposed of daily. No special handling is required for vacuuming equipment. Gloves shall always be used during cleanup.
● Laundry H. Laundry instructions:
■ Clothing soaked with body fluids shall be washed separately from other items. Presoaking may be required be required for heavily soiled clothing. Otherwise, wash and dry as usual. If the material can be bleached, add add one-half (1/2) cup of household bleach to the wash cycle. If the material is not colorfast, add one-half (1/2) cup of all-fabric bleach to the wash cycle.
EXHIBIT
STAFF VIOLENCE / HARASSMENT /
INTIMIDATION / BULLYING
BULLYING, INTIMIDATION AND HARASSMENT
(Other than Sexual Harassment)
COMPLAINT FORM
To be filed with the supervisor or other administrator.
Please print
Today's Date ______________________ Date Filed _______________________
Name of Complainant __________________________________________________
Address _____________________________________________________________
Telephone Number ____________________________________________________
Complainant is: _______ Employee _______ Other
District or School Site __________________________________________________
-----------------------------------------------------------------------------------------------------------------
I wish to make a complaint against:
Person(s) alleged to have committed the bullying, intimidation or harassment:
____________________________________________________________________
____________________________________________________________________
Date the alleged bullying, intimidation
or harassment took place: _______________________________________________
Location of alleged incident: _____________________________________________
Summarize the incident(s) or occurrence(s) as accurately as possible. Describe the incident, the participants, or any background to this incident. Attach additional sheets or use the back side of this form if necessary. Attach any evidence of bullying, intimidation or harassment (i.e., letters, photos, etc.):
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
Names of witnesses (anyone who could provide more information):
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
Have you reported this to anyone else: ____ Yes ____ No
If so, who? ___________________________________________________________
____________________________________________________________________
____________________________________________________________________
-----------------------------------------------------------------------------------------------------------------
I certify that this information is correct to the best of my knowledge.
____________________________________________________________________
Name of Complainant
______________________________________________ ____________________
Signature of Person Completing this Report Date Signed
______________________________________________ ____________________
Signature of Supervisor or Other Administrator Date Signed
____________________________________________________________________
Printed Name and Title
Note: Completion of this form will initiate an investigation of the alleged incident of bullying, intimidation or harassment outlined on this form. Completion of this form or its impending investigation shall not be construed to preclude a victim (or his or her parents if the victim is a minor) from seeking administrative or legal remedies under any applicable provision of law. Submission of a good faith complaint or report of bullying, intimidation or harassment will not affect the complainant or reporter's future employment, grades, learning or working environment or work assignment. The District employee shall preserve the confidentiality of those involved, disclosing the incident only to the appropriate school administrator or as otherwise required by law.
EXHIBIT
STAFF VIOLENCE / HARASSMENT /
INTIMIDATION / BULLYING
INVESTIGATION REPORT FINDINGS AND
RESULTING ACTIONS - STAFF
Staff Investigation Report Findings
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Resulting Actions
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
______________________________________________ _______________________
Signature of Supervisor or Other Administrator Date Signed
________________________________________________________________________
Printed Name and Title
The Board recognizes the right of its employees, as citizens, to engage in political activity. However, school time, personnel, equipment, supplies, materials, buildings, or other resources may not be used to influence the outcomes of elections.
A staff member, a person acting on behalf of the District or a person who aids another person acting on behalf of the District shall be guided by the following:
● No A. No employee shall engage in political activities upon property under the jurisdiction of the Board. Employees in Employees in their individual capacities may exercise their political liberties on property leased from the school for that purpose.● Campaigning that purpose.
B. The prohibition on the use of public resources to influence the outcome of bond, budget override and other tax-related elections includes the use of School District-focused promotional expenditures that occur after an election is called and through election day. This prohibition does not include routine School District communications which are messages or advertisements that are germane to the functions of the School District and that maintain frequency, scope and distribution consistent with past practices or are necessary for public safety.
C. Campaigning and other election activities must be done in off-duty hours, when not working in an official official capacity or representing the District, and without the participation of District employees or students acting acting in the capacity of District or school representatives.
● Invitations D. Invitations to participate in election activities on a given campus, except when extended by groups leasing or using or using school facilities, shall be permitted only when such invitations are to all candidates for the office.● Political The rental use of District property by a private person or entity that may lawfully attempt to influence the outcome of an election is permitted if it does not occur at the same time and place as a related District-sponsored forum or debate.
E. Political circulars or petitions may not be posted or distributed in school.
● The F. The collection of campaign funds and/or the solicitation of campaign workers is prohibited on school property.
● Students G. Students may not be given written materials to influence the outcome of an election or to advocate support for or for or opposition to pending or proposed legislation.
● Students H. Students may not be involved in writing, addressing or distribution of material intended to influence the outcome the outcome of an election or to advocate support for or opposition to pending or proposed legislation.
Employees of the District may not use the authority of their position to influence the vote or political activities of any subordinate employee.
District employees who hold elective or appointive office are not entitled to time off from their school duties for reasons incident to such offices, except as such time may qualify under the leave policies of the Board.
The discussion and study of politics and political issues, when such discussion and study are appropriate to classroom studies, are not precluded under the provisions of this policy.
District employees shall be permitted time as provided in statute, if required, to vote in the primary or general election.
The District may distribute informational reports on a proposed budget override election as provided in A.R.S. 15-481 and on a proposed bond election as provided in A.R.S. 15-491 if those informational reports present factual information in a neutral manner, except for those arguments allowed under A.R.S. 15-481.
Nothing in this policy shall preclude the District from producing and distributing impartial information on elections other than District budget override elections or reporting on official actions of the Governing Board.
The District shall not make expenditures for literature associated with a campaign conducted by or for a District official.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
1-305
15-481
15-511
15-903
16-402
A.G.O.
I15-002
Certificated Teaching Staff Members
There shall be one official personnel file maintained by the District for each teacher. A teacher shall have the right to review and to receive copies of the contents of the personnel file consistent with the Family Education Rights and Privacy Act of 1974. A teacher shall have the right to have a representative of the Association accompany him during such review. The teacher shall have the right to indicate documents or other materials in the file that may be obsolete or otherwise inappropriate to retain. Said documents shall be reviewed by the Superintendent or his designee and, if in his determination they are obsolete or otherwise inappropriate to retain, they shall be destroyed.
No unverified material derogatory to a teacher's conduct, performance, character, or personality shall be placed in the official personnel file unless the teacher has had the opportunity to review such material with his principal, assistant principal, or immediate supervisor and by affixing his signature to a copy to be filed with the express understanding that such signature in no way indicates agreement with the contents thereof. The teacher shall also have the right to submit a written response to such material, which shall be reviewed and signed by the Superintendent or his designee and attached to the file copy.
No documents or other material detrimental to the teacher shall be placed in a teacher's file after receipt of a letter of resignation.
A teacher may insert letters of recommendation or other such material pertaining to his performance of duties into his personnel file.
All Staff Members
Professional employees are required to supply the District office with current and complete official transcripts of all college credits.
It is the duty and responsibility of each certificated employee to keep such certification current.
The District will maintain a complete and current official personnel file for each District employee. Employees will be advised of, and will be permitted to review and comment on, all information of a derogatory nature to be placed in their respective personnel files. The employee may prepare a written reply to such information, and such reply, if any, will be appended to the information in the file.All documents within a personnel file are confidential, and the
Records reasonably necessary or appropriate to maintain an accurate knowledge of disciplinary actions regarding staff members and the staff members' responses will be maintained. Disciplinary action records shall be open to inspection and copying unless such inspection and disclosure of records or information in the records is contrary to law.
The District may create such subfiles within a personnel file as are appropriate to ensure confidentiality of those files made confidential by law and efficient use of the file. Access to personnel files will be limited to authorized District officials and employees authorized to handle personnel files. Individual Board members shall have access only may only inspect confidential staff files when specifically authorized by the Board, as evidenced by action of a quorum of the Board in a legal meeting properly noticed. Employees may review their own files by making written requests to the Superintendent. Confidential information Materials obtained prior to an employee's employment, such as confidential recommendations or interview notes, will not be available for review by the employee.
Unless otherwise specifically provided by law, a school district shall not:
A. Use an individual's social security number on forms of identification.
B. Transmit to another individual material that contains both the individual's social security number and the individual's financial institution account number. This does not preclude the transmission of documents of enrollment, amendment, termination, or contracting for financial services nor does it preclude transmitting documents confirming the accuracy of the numbers previously submitted.
The Superintendent shall prepare procedures to implement this policy and A.R.S. 44-1373 which restricts use of personal identifying information.
Documents within a personnel file may be reviewed by the public only to the extent that disclosure is compelled as a public record.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-302
15-502
15-537
23-926
23-1361
23-1362
38-233
39-121 et seq.
41-1482
CROSS REF.:
DKA - Payroll Procedures/Schedules
KDB - Public's Right to Know/Freedom of Information
Effective communication between District employees, the administrative staff, and the Board is essential for proper operation of the schools. The Governing Board, therefore, authorizes the Superintendent to establish a grievance procedure for employees as the prescribed means of resolving grievances at the earliest date and the lowest possible administrative level.
Such procedure shall provide for Board review of any grievance that cannot be resolved at the administrative level. In such instances, the affected individual may request that the Governing Board review the situation. Such request shall be in writing and shall contain the basis for the appeal, including the act or acts out of which the grievance arose, identification of the Board policies and/or administrative regulations involved, and the remedy sought. Within five (5) working days following notification of the Superintendent's decision, any written request for appeal shall be submitted to the Superintendent for transmittal to the Board. The Governing Board, at a time of its choosing, shall review the grievance and issue a response within fifteen (15) working days following such review.
The decision of the Governing Board is final.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
38-532
REGULATION
EMPLOYEE ASSISTANCE
Any employee who has an accident, no matter how slight, while on duty shall notify the supervisor immediately. Failure to follow this procedure could result in the loss of workers' compensation benefits.
After being notified by an employee, the supervisor shall complete and submit the Report of Industrial Injury to the District office.
The Superintendent, upon receiving the supervisor's report, shall, within ten (10) days after notification, submit the Report of Industrial Injury to the insurance carrier.
LEGAL REF.:
A.R.S.
23-908
CROSS REF.:
EBBB - Accident Reports
REGULATION
STAFF GRIEVANCES
Definitions
A grievance is a complaint by a District employee alleging a violation or misinterpretation, as to the employee, of any District policy or regulation that directly and specifically governs the employee's terms and conditions of employment. The term grievance grievance shall not apply to any matter for which the method of review is prescribed by law, or the Governing Board is without authority to act. The suspension or dismissal of employees is covered by statute and, therefore, is not a grievable matter. Assignment, reassignment, or transfer of an employee to another position or duties is not grievable beyond the Superintendent unless there is a reduction in compensation or the Superintendent requests that it go to the Board.
A grievant shall be any employee of the District filing a grievance.
Terms and conditions of employment means the hours of employment, the compensation therefor, including fringe benefits, and the employer's personnel policies directly affecting the employee. In the case of professional employees, the term does not include educational policies of the District. A day day is any day during which the District conducts business. The immediate supervisor is the lowest-level administrator having line supervisory authority over the grievant.
Informal Level
Before filing a formal written grievance, the grievant must attempt to resolve the matter by one (1) or more informal conferences with the immediate supervisor. The first of these informal conferences must be conducted within thirty ten (3010) days after the employee knew, or should have known, of the act or omission giving rise to the grievance. A second or any subsequent conference must occur within eight five (85) days after the initial informal conference, or any subsequent conference.
Formal Level
Level I. Within thirty-eight fifteen (3815) days after the employee knew, or should have known, of the act or omission giving rise to the grievance, the grievant must present the grievance in writing to the immediate supervisor.
The grievance shall be a clear, concise statement of the circumstances giving rise to the grievance, a citation of the specific article, section, and paragraph of the policy or regulation that directly and specifically governs the employee's terms and conditions of employment that are alleged to have been violated, the decision rendered at the informal conference, and the specific remedy sought.
The immediate supervisor shall communicate a decision to the employee in writing within eight five (85) days after receiving the grievance.
Within the above time limits either party may request a personal conference to attempt to resolve the matter.
Level II. In the event the grievant is not satisfied with the decision at Level I, the decision may be appealed to the Superintendent within eight five (85) days after receipt of the decision.
The appeal shall include a copy of the original grievance, the decision rendered, and a clear, concise statement of the reasons for the appeal. The Superintendent shall communicate a decision within five (5) days after receiving the appeal. Either the grievant or the Superintendent may request a personal conference within the above time limits.
Level III. If the grievant is not satisfied with the decision at Level II, the grievant may, within eight five (85) days, submit an appeal in writing to the Superintendent for consideration by the Governing Board.
General Provisions
Section 1. At all stages of the grievance procedure, the association shall have the right to representation as a party-in-interest if it so determines unless the grievant objects to or denies the presence of such representation.Section 2. Failure at any step of this procedure to appeal a grievance to the next step within the specified time limits shall be deemed an acceptance of the decision rendered at that step, and there shall be no further right of appeal. Failure to file a grievance within thirty-eight fifteen (3815) days after the employee knew, or should have known, of the circumstances upon which the grievance is based shall constitute a waiver of that grievance. Failure at any level of this procedure to appeal a grievance to the next level within the specified time limits shall be deemed acceptance of the decision rendered at that level and there shall be no further right of appeal. Failure at any level of this procedure to render a decision on a grievance within the specified time limits shall move the grievance to the next level. Upon mutual agreement, a time limit at any level may be extended.
Section 3. No reprisals of any kind shall be taken by the Board, by any member of the administration, or by any member of the association against any party-in-interest, any representative, any member of the association, any member of the Board, any employee of the District, or any other participant in the grievance procedure by reason of such participation.
Section 4. A grievant may choose to be represented at all stages of the grievance procedure by another individual.
Section 5. All documents, communications, and records dealing with the processing of a grievance shall be filed separately from the personnel files of the grievant.
Section 6. A grievance may be withdrawn at any level with prejudice.
Section 7. The Board and the Superintendent shall cooperate with a grievant in the investigation of any grievance and shall furnish the grievant, as appropriate, such information as is available, if requested or required for the processing of any grievance.
Section 8. If the District and the association mutually agree that the investigation or processing of a grievance requires that a grievant or an association representative be released from regular duties, there shall be a release without loss of pay or benefits.
Section 9. The
Section 2. The filing or pendency of any grievance under the provisions of this policy shall in no way operate to impede, delay, or interfere with the jurisdiction of the Governing Board or the Superintendent.
EXHIBIT
STAFF GRIEVANCES
LEVEL I I GRIEVANCE FORM A
FORMAL GRIEVANCE PRESENTATION
To be completed by grievant within five (5) days after the last informal conference but no later than fifteen (15) days after the employee knew or should have known of the act or omission giving rise to the grievance.
Date of last infor- Date of last informal
Grievant __________________ presentation _ mal presentation _______________________ _
Immediate
School ___________________ _ supervisor ____________________________
Assignment _________________________________________________________
Policy or regulation alleged to have been violated violated ___________________________
Statement of grievance:
Action requested:
____________________________________
Signature of grievant
EXHIBIT
STAFF GRIEVANCES
LEVEL I GRIEVANCE FORM B
DECISION OF IMMEDIATE SUPERVISOR
To be completed by immediate supervisor within five (5) days after formal filing.
Grievant ___________________________________________________________
Date of formal grievance presentation presentation ___________________________________
School ____________________________________________________________
Immediate supervisor ________________________________________________
Decision of immediate supervisor
and reasons therefor:
Date of decision _____________ ____________________________________
(Signature of immediate supervisor)
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Grievant's response [to be completed by the grievant within five (5) days after the decision]:
◻ I accept [ ] I accept the above decision of the immediate supervisor.
◻ I hereby [ ] I hereby refer the above decision to the Director of Human ResourcesSuperintendent,
with reasons detailing
with reasons detailing nonacceptance at Level I and any relief sought
any
relief sought (Level II).
Date of response response ____________ _ ____________________________________
(Signature of grievant)
EXHIBIT
STAFF GRIEVANCES
LEVEL II II GRIEVANCE FORM C
REFERRAL TO SUPERINTENDENT
To be completed by grievant within five (5) days of immediate supervisor's response.
Grievant ___________________________________________________________
Date of formal presentation _____________________________________________
Detail reasons for nonacceptance of grievance
decisions and any relief sought:
◻ The attached
[ ] The attached grievance is hereby referred to the Superintendent.
Date of referral _____________ __ ____________________________________
(Signature of grievant)
EXHIBIT
STAFF HEALTH AND SAFETY
EMPLOYEE IMMUNIZATION FORM
Name ________________________________________________________________
Address ________________________________________ City __________________
Birthday ______________________ Sex __________ County ___________________
Inoculation dates (Month/Day/Year):
Measles/Mumps/Rubella _______________ Measles/Rubella ______________
Measles _______________ Mumps ______________ Rubella _______________
Source of history (attached):
◻ Immunization record; ◻ School record;
◻ Laboratory confirmation (i.e., blood titre)
Certification of completed immunization. I hereby certify that, to the best of my knowledge and belief, I have received the Measles/Rubella vaccines required by the regulations of the Arizona Department of Health Services.
___________________________________________ ________________________
Signature Date
EXHIBIT
STAFF GRIEVANCES
LEVEL II GRIEVANCE FORM D
DECISION OF SUPERINTENDENT
To be completed by the Superintendent within five (5) days.
Grievant _______________________________________________________
Date of formal grievance presentation ________________________________
Date appeal received by Superintendent ______________________________
Date hearing held by Superintendent (optional) _________________________
Decision of Superintendent
and reasons therefore:
Date of decision ____________ __________________________________
(Signature of of Superintendent)
______________________________________________________________
Grievant's response [to be completed by grievant within five (5) days after the decision]:
◻ I accept
[ ] I accept the above decision of the Superintendent.
[ ]
◻I hereby appeal to the Governing Board for a
review
of
review of this grievance (Level III).
Date of response ___________ _________________________________
(Signature of grievant)
EXHIBIT
STAFF HEALTH AND SAFETY
REQUEST FOR EXEMPTION
Name ________________________________________ Birth date ______________
I hereby request exemption from the immunization requirements of the Arizona Department of Health Services.
◻ Because of my personal beliefs, I do not choose vaccine protection against Measles/
Rubella/Mumps, and request exemption.
◻ My physical condition is such that the required vaccines would seriously endanger
my health. Following is the condition or medication that requires exemption from
the vaccine is: _______________________________________________________
◻ Permanent ◻ Temporary
___________________________________________ ________________________
Signature Date
I have read the above and have been counseled by the Health Services personnel and understand that if a Measles/Rubella/Mumps outbreak should occur I would be required to be excluded from work for the full incubation period of the disease.
___________________________________________ ________________________
Signature Date
EXHIBIT
STAFF GRIEVANCES
LEVEL III (Final Action) GRIEVANCE FORM E
REVIEW BY GOVERNING BOARD
Grievant ___________________________________________________________
Date of formal grievance receipt _________________________________________ ◻ The
[ ] The attached grievance is hereby appealed to
the Governing Board for
the
Governing Board for a review.
Detail reasons for nonacceptance of grievance
decision at Level II and any relief sought:
Date appeal received by Governing Board _________________________________
BOARD RESPONSE:
◻ The [ ] The Board affirms the Superintendent's response. ◻ Board
[ ] Board rejects the Superintendent's response.
◻ Board [ ] Board modifies the Superintendent's response as follows:
[TO BE COMPLETED WITHIN FIFTEEN (15) DAYS OF REVIEW]
Disclosure Protected
It is a prohibited personnel practice for any District employee, who has control over personnel actions, to take reprisals against another employee for a disclosure of a matter of public concern, by that other employee, to a public body when the employee believes there has been:
● A. A violation of law.
● MismanagementB. Mismanagement, a gross waste of monies, or an abuse of authority.
An employee, or former employee, who believes that an adverse personnel action taken is the result of such person's disclosure of information under A.R.S. 38-532 shall make a complaint to the Board. The Board shall make a determination pursuant to the rules under A.R.S. 41-785.
Reporting Protected
A governing board or school district employee who has control over personnel decisions shall not take unlawful reprisal against an employee for good-faith reports about certificated personnel engaged in conduct involving minors that is reportable under A.R.S. 13-3620 (Reporting Child Abuse). Unlawful reprisal reprisal means an action taken by a governing board that results in:
● Disciplinary A. Disciplinary action.
● Transfer B. Transfer or reassignment.
● SuspensionC. Suspension, demotion, or dismissal.
● An D. An unfavorable performance evaluation.
● Other E. Other significant changes in duties or responsibility that are inconsistent with the employee's salary or salary or employment classification.
Adopted: date of
manualManual adoption
Professional staff positions are created only with the approval of the Board. The District will attempt to activate a sufficient number of positions to accomplish the District's goals and objectives.
Before recommending the establishment of any new position, the Superintendent will present a job description for the position that specifies the qualifications, the performance responsibilities, and the method by which the performance of such responsibilities will be evaluated. The establishment of any new position will require Governing Board approval.
The Superintendent will maintain a comprehensive and up-to-date set of job descriptions of all positions in the school system.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-501
15-502
15-503
CROSS REF.:
CCB - Line and Staff Relations
The Board encourages its employees to perform community service functions. The Board shall make every effort to ensure no financial loss to an employee performing such community service. An appointment requiring no loss of school time shall not require Board approval. Employees serving on community boards, commissions, or committees that require the use of school time shall submit the same information required of candidates seeking political office before accepting such appointment.
Adopted: date of manual adoption
Contracts for District
Administrators
The term of employment of principals may be for any period not exceeding three (3) years. Principals may be issued two (2) year contracts, which may be renewed annually. Assistant superintendents, supervisors, and assistant principals will be issued one (1) year contracts.
Subject to the provisions of A.R.S. 15-503, the Governing Board shall, on or before May 15, offer a contract for the next school year to each certificated administrator who is in the last year of an administrative contract unless, on or before April 15, the Governing Board, a member of the Board acting on behalf of the Board, or the Superintendent gives notice to the administrator of the Board's intention not to offer a new administrative contract.
The administrator's acceptance of the contract shall be indicated within thirty (30) days from the date of the written contract or the offer is revoked. The administrator accepts the contract by signing the contract and returning it to the Governing Board or by making a written instrument that accepts the terms of the contract and delivering the written instrument to the Governing Board.
Notice of the Board's intention not to reemploy the administrator shall be made by delivering the notice personally to the administrator or by sending the notice by certified mail, postmarked on or before the applicable deadline prescribed above, and directed to the administrator's place of residence as recorded in the District records.
Certificated Teaching
Staff Members
Salaries in the District will be differentiated in relationship to duties and responsibilities.
The Superintendent will provide recommendations on salaries and fringe benefits to the Board each year.
The Board at any time may establish, within the budgetary constraints of the District, the salaries and benefits for all employees necessary for the succeeding year.
Subject to the terms of employment contracts, the Governing Board at any time may reduce salaries or eliminate certificated teachers in the District in order to effectuate economies in the operation of the District or to improve the efficient conduct and administration of the District's schools. Notice of a general salary reduction shall be given each certificated teacher affected. These provisions do not apply to salary reductions from classroom site fund money.
Adopted:
February 26, 2013date of Manual adoption
LEGAL REF.:
A.R.S.
15-502
15-503
15-544
15-952
15-977
CROSS REF.:
GCF - Professional Staff Hiring
GCO - Evaluation of Professional Staff Members
EXHIBIT
PROFESSIONAL / SUPPORT STAFF
LEAVES OF ABSENCE WITHOUT PAY
FACT SHEET NO. 28:
THE FAMILY AND MEDICAL LEAVE ACT OF 1993
The U.S. Department of Labor's Employment Standards Administration, Wage and Hour Division, administers and enforces the Family and Medical Leave Act (FMLA) for all private, state and local government employees, and some federal employees. Most federal and certain congressional employees are also covered by the law and are subject to the jurisdiction of the U.S. Office of Personnel Management or the Congress.
The FMLA became effective on August 5, 1993 for most employers and entitles eligible employees to take up to twelve (12) weeks of unpaid, job-protected leave in a twelve (12)-month period for specified family and medical reasons. Amendments to the FMLA by the National Defense Authorization Act for FY 2008 (NDAA). Public Law 110-181, expanded the FMLA to allow eligible employees to take up to twelve (12) weeks of job-protected leave in the applicable twelve (12)-month period for any "qualifying exigency" arising out of the fact that a covered military member is on active duty, or has been notified of an impending call or order to active duty, in support of a contingency operation. The NDAA also amended the FMLA to allow eligible employees to take up to twenty-six (26) weeks of job-protected leave in a "single twelve (12)-month period" to care for a covered servicemember with a serious injury or illness.
Employer Coverage
FMLA applies to all public agencies, including state, local and federal employers, local education agencies (schools), and private-sector employers who employed fifty (50) or more employees in twenty (20) or more workweeks in the current or preceding calendar year, including joint employers and successors of covered employers.
Employee Eligibility
To be eligible for FMLA benefits, an employee must:
A. work for a covered employer;
B. have worked for the employer for a total of twelve (12) months;
C. have worked at least one thousand two hundred fifty (1,250) hours over the previous twelve (12) months; and
D. work at a location in the United States or in any territory or possession of the United States where at least fifty (50) employees are employed by the employer within seventy-five (75) miles.
While the twelve (12) months of employment need not be consecutive, employment periods prior to a break in service of seven (7) years or more need not be counted unless the break is occasioned by the employee's fulfillment of his or her National Guard or Reserve military obligation (as protected under the Uniformed Services Employment and Reemployment Rights Act (USERRA)), or a written agreement, including a collective bargaining agreement, exists concerning the employer's intention to rehire the employee after the break in service. See, special rules for returning reservists under USERRA.
Leave Entitlement
A covered employer must grant an eligible employee up to a total of twelve (12) workweeks of unpaid leave during any twelve (12)-month period for one (1) or more of the following reasons:
A. For the birth and care of a newborn child of the employee;
B. For placement with the employee of a son or daughter for adoption or foster care;
C. To care for a spouse, son, daughter, or parent with a serious health condition;
D. To take medical leave when the employee is unable to work because of a serious health condition; or
E. For qualifying exigencies arising out of the fact that the employee's spouse, son, daughter, or parent is on active duty or call to active duty status as a member of the National Guard or Reserves in support of a contingency operation.
A covered employer also must grant an eligible employee who is a spouse, son, daughter, parent, or next of kin of a current member of the Armed Forces, including a member of the National Guard or Reserves, with a serious injury or illness up to a total of twenty-six (26) workweeks of unpaid leave during a "single twelve (12)-month period" to care for the servicemember.
Spouses employed by the same employer are limited in the amount of family leave they may take for the birth and care of a newborn child, placement of a child for adoption or foster care, or to care for a parent who has a serious health condition to a combined total of twelve (12) weeks (or twenty-six [26] weeks if leave to care for a covered servicemember with a serious injury or illness is also used). Leave for birth and care, or placement for adoption or foster care, must conclude within twelve (12) months of the birth or placement.
Under some circumstances, employees may take FMLA leave intermittently - taking leave in separate blocks of time for a single qualifying reason - or on a reduced leave schedule - reducing the employee's usual weekly or daily work schedule. When leave is needed for planned medical treatment, the employee must make a reasonable effort to schedule treatment so as not to unduly disrupt the employer's operation. If FMLA leave is for birth and care, or placement for adoption or foster care, use of intermittent leave is subject to the employer's approval.
Under certain conditions, employees or employers may choose to "substitute" (run concurrently) accrued paid leave (such as sick or vacation leave) to cover some or all of the FMLA leave. An employee's ability to substitute accrued paid leave is determined by the terms and conditions of the employer's normal leave policy.
"Serious health condition" means an illness, injury, impairment, or physical or mental condition that involves either:
A. Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical-care facility, including any period of incapacity (i.e., inability to work, attend school, or perform other regular daily activities) or subsequent treatment in connection with such inpatient care; or
B. Continuing treatment by a health care provider, which includes:
1. A period of incapacity lasting more than three (3) consecutive, full calendar days, and any subsequent treatment or period of incapacity relating to the same condition, that also includes:
a. treatment two (2) or more times by or under the supervision of a health care provider (i.e., in-person visits, the first within seven [7] days and both within thirty [30] days of the first day of incapacity); or
b. one (1) treatment by a health care provider (i.e., an in-person visit within seven [7] days of the first day of incapacity) with a continuing regimen of treatment (e.g., prescription medication, physical therapy); or
2. Any period of incapacity related to pregnancy or for prenatal care. A visit to the health care provider is not necessary for each absence; or
3. Any period of incapacity or treatment for a chronic serious health condition which continues over an extended period of time, requires periodic visits (at least twice a year) to a health care provider, and may involve occasional episodes of incapacity. A visit to a health care provider is not necessary for each absence; or
4. A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective. Only supervision by a health care provider is required, rather than active treatment; or
5. Any absences to receive multiple treatments for restorative surgery or for a condition that would likely result in a period of incapacity of more than three (3) days if not treated.
Maintenance of Health Benefits
A covered employer is required to maintain group health insurance coverage for an employee on FMLA leave whenever such insurance was provided before the leave was taken and on the same terms as if the employee had continued to work. If applicable, arrangements will need to be made for employees to pay their share of health insurance premiums while on leave. In some instances, the employer may recover premiums it paid to maintain health coverage for an employee who fails to return to work from FMLA leave.
Job Restoration
Upon return from FMLA leave, an employee must be restored to the employee's original job, or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment. An employee's use of FMLA leave cannot result in the loss of any employment benefit that the employee earned or was entitled to before using FMLA leave, nor be counted against the employee under a "no fault" attendance policy. If a bonus or other payment, however, is based on the achievement of a specified goal such as hours worked, products sold, or perfect attendance, and the employee has not met the goal due to FMLA leave, payment may be denied unless it is paid to an employee on equivalent leave status for a reason that does not qualify as FMLA leave.
An employee has no greater right to restoration or to other benefits and conditions of employment than if the employee had been continuously employed.
Notice and Certification
Employee Notice
Employees seeking to use FMLA leave are required to provide thirty (30)-day advance notice of the need to take FMLA leave when the need is foreseeable and such notice is practicable. If leave is foreseeable less than thirty (30) days in advance, the employee must provide notice as soon as practicable - generally, either the same or next business day. When the need for leave is not foreseeable, the employee must provide notice to the employer as soon as practicable under the facts and circumstances of the particular case. Absent unusual circumstances, employees must comply with the employer's usual and customary notice and procedural requirements for requesting leave.
Employees must provide sufficient information for an employer reasonably to determine whether the FMLA may apply to the leave request. Depending on the situation, such information may include that the employee is incapacitated due to pregnancy, has been hospitalized overnight, is unable to perform the functions of the job, and/or that the employee or employee's qualifying family member is under the continuing care of a health care provider.
When an employee seeks leave for a FMLA-qualifying reason for the first time, the employee need not expressly assert FMLA rights or even mention the FMLA. When an employee seeks leave, however, due to a FMLA-qualifying reason for which the employer has previously provided the employee FMLA-protected leave, the employee must specifically reference either the qualifying reason for leave or the need for FMLA leave.
Employer Notice
Covered employers must post a notice approved by the Secretary of Labor explaining rights and responsibilities under FMLA. An employer that willfully violates this posting requirement may be subject to a fine of up to one hundred ten dollars ($110) for each separate offense. Additionally, employers must either include this general notice in employee handbooks or other written guidance to employees concerning benefits, or must distribute a copy of the notice to each new employee upon hiring.
When an employee requests FMLA leave or the employer acquires knowledge that leave may be for a FMLA purpose, the employer must notify the employee of his or her eligibility to take leave, and inform the employee of his/her rights and responsibilities under FMLA. When the employer has enough information to determine that leave is being taken for a FMLA-qualifying reason, the employer must notify the employee that the leave is designated and will be counted as FMLA leave.
Certification
Employers may require that an employee's request for leave due to a serious health condition affecting the employee or a covered family member be supported by a certification from a health care provider. An employer may require second or third medical opinions (at the employer's expense) and periodic recertification of a serious health condition. An employer may use a health care provider, a human resource professional, a leave administrator, or a management official - but not the employee's direct supervisor - to authenticate or clarify a medical certification of a serious health condition. An employer may have a uniformly-applied policy requiring employees returning from leave for their own serious health condition to submit a certification that they are able to resume work. If reasonable safety concerns exist, an employer may, under certain circumstances, require such a certification for employees returning from intermittent FMLA leave.
Unlawful Acts
It is unlawful for any employer to interfere with, restrain, or deny the exercise of any right provided by FMLA. It is also unlawful for an employer to discharge or discriminate against any individual for opposing any practice, or because of involvement in any proceeding, related to FMLA.
Enforcement
The Wage and Hour Division investigates complaints. If violations cannot be satisfactorily resolved, the U.S. Department of Labor may bring action in court to compel compliance. Individuals may also be able to bring a private civil action against an employer for violations.
Other Provisions
Special rules apply to employees of local education agencies. Generally, these rules apply to intermittent leave or when leave is required near the end of a school term.
Salaried executive, administrative, and professional employees of covered employers who meet the Fair Labor Standards Act (FLSA) criteria for exemption from minimum wage and overtime under Regulations, 29 C.F.R. Part 541, do not lose their FLSA-exempt status by using any unpaid FMLA leave. This special exception to the "salary basis" requirements for FLSA's exemption extends only to an "eligible" employee's use of leave required by FMLA.
For additional information, visit the Wage and Hour Division Website: http://www.wagehour.dol.gov and/or call the toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866- 4USWAGE (1-866-487-9243).
(Stepless Compensation System)
Administrators
The Board will enter into an individual contract with each member of the administrative staff commensurate with the requirements of the position. This contract shall describe the general services to be rendered by the employee in return for financial and other considerations. Additionally, the employee's job description, detailing the more specific performance responsibilities of the contracted position and the mode of evaluating performance, shall be incorporated into the contract by reference. All terms and conditions of contracts with administrative staff members are to conform with the requirements of the Arizona Revised Statutes.
Other Certificated Personnel
The stepless compensation system pertains to all certificated classroom teachers and other specifically designated staff. All others fall on their appropriate Governing Board compensation schedule.Initial placement on the stepless compensation system is based upon the Governing Board's annual approval of the experience, education and supplemental factors within the stepless compensation system and administered by Human Resources. Only the Board may waive this provision at its discretionsalary schedule pertains to personnel holding provisional, basic, or standard certificates at the elementary or secondary levels.
Initial Placement on Salary Schedule. New teachers entering the system with prior teaching service, who have met academic and professional qualifications for Arizona State Department of Education certification, will be given a maximum credit of _____ years for substantiated experience, i.e., placed on the _____ step of the salary schedule.
Verified previous experience recognized for the purpose of placement on the salary schedule is defined as any previous full-time certificated teaching in any public school. For a teacher to receive credit for previous teaching experience, the teacher must furnish the office of the Superintendent full information concerning the previous teaching records. When the experience has been verified, credit will be given by the District.
Days intended for participation in professional association activities are not to be compensated under an employee's contract or other employment agreements. For the purpose of this policy, professional association activities for which compensation is not available do not include in-service training in the certificated employee's assigned area of employment.
If a teacher returns to work after retirement and is currently receiving benefits from the Arizona State Retirement System, the teacher's employment is not subject to renewal, nor is the teacher entitled to a hearing or other protections under A.R.S. 15-538 through 15-543 and is subject to the terms of A.R.S. 38-766.01.
Continued Advancement on Stepless
Compensation System
In addition to potential Governing Board approved compensation increases, each fiscal year, the Governing Board may approve available funds to be used for funding the Professional Growth process. Professional Growth credits allow a certificated staff member to increase their base compensation at a per credit rate established by the Governing Board on an annual basis. In the Stepless Salary System, certificated staff submit transcripts and documents verifying university coursework and professional development seat hours to the Professional Growth Committee every January for development taken the previous calendar year. Any awarded credits by the Professional Growth Committee will be added to the certificated staff member's base compensation effective their next full-year contract issued on July 1 of each year. Only credits taken after hire by the District are considered.
Substitutes
Pay for substitute teaching will be established by the Board.
Advancement on Salary Schedule
Vertical and horizontal advancement on the salary schedule will be in accordance with the salary schedule currently in effect. Vertical advancement is limited to one (1) step per year.
Reasons for denial of vertical advancement on the salary schedule include but are not limited to:
A. Lack of adequate disciplinary control.
B. Insufficient effort and time given to assigned duties or failure to engage in a reasonable amount of extracurricular activity.
C. Lack of cooperation with the administration in carrying out adopted policies of the school.
D. Unprofessional conduct.
Other Contract Provisions
Any person who does not work the full term as set up by the salary schedule stepless compensation system shall be paid on a prorated basis for the number of days to be worked for the remainder of the school year; this shall include school days taught plus the number of days required for orientation.
For new hires filling critical newly hired, critical, and difficult-to-fill certificated personnel positions and for existing professional staff members selected to fill critical and difficult-to-fill positionsplaced on the teachers' salary schedule, differentials above the stated schedules schedule may be authorized by the Superintendent with Governing Board approval.
Substitutes
Pay for substitute teachers will be established by the Board.
Adopted: September 23, 2014paid.
A teacher who is or has been employed by or teaching at a charter school, and was previously employed by the School District, shall receive the benefits, protections, and preferences granted under A.R.S. 15-187.
Adopted: date of Manual adoption
LEGAL REF.:
A.R.S.
15-502
15-504
15-941
CROSS REF.:
GCCE - Professional/Support Staff Conferences/Visitations/Workshops
GCO-RB - Evaluation of Professional Staff Members
(Extra-Duty Pay)
Coordinators, Counselors, Psychologists,
and Teachers: Extension of Contract,
Hourly Rate for Extra Duty
Coordinators for distributive education, home economics related occupations, industrial cooperative education, cooperative office education, and other approved coordinators may receive an extension of contract of two (2) weeks.
All high school and middle school counselors and teachers employed for preregistration purposes prior to the opening of school shall be compensated at the rate of 0.045% times the maximum salary on the certificated salary schedule per hour.
Teachers who perform clerical or other nonprofessional duties will be compensated at the rate of ten dollars ($10) per hour.
Psychologists shall not be assigned extra duties except in emergency situations.
All teachers employed during lunchtime who waive their right to a "thirty (30) minute consecutive duty free lunch" (District Policy GCL) shall be compensated per each lunch duty at a rate to be set by the Superintendent.
Multiple School and Extra
Class Assignments
Every effort should be made to limit the number of schools assigned to a traveling teacher to not more than two (2) schools in one day.
Every secondary traveling teacher will be provided with preparation time, in accordance with the guidelines of the North Central Association.
Within their teaching schedule, every elementary traveling teacher will be provided time for preparation (two hundred [200] minutes per week) and for travel.
Each school principal will provide adequate storage facilities for traveling teachers assigned to each school.
Traveling teachers will report to the first school assignment each day at the regular time for all teachers assigned to that school and will remain at the last school assignment each day until the regular dismissal time for all teachers assigned to that school, unless the building principals involved agree to a deviation from the schedule.
Traveling teachers will not be assigned to duty schedules.
Traveling teachers shall submit such reports as required by the principal in the school(s) to which the traveling teacher is assigned.
Teachers required to travel as a result of their teaching assignments will receive compensation at the rate of seventy dollars ($70) per year for each day of the week a teacher is in two (2) schools and thirty-five dollars ($35) for each additional school assigned in one (1) day. No compensation is to be given unless two (2) or more schools are assigned in one (1) day.
● Example:
Monday - 2 schools assigned = $70 per year.
Tuesday - 1 school assigned = no compensation.
Wednesday - 3 schools assigned = $105 per year.
Thursday - 4 schools assigned = $140 per year.
Friday - 1 school assigned = no compensation.
Salary compensation = $315 per year.
Vocational education coordinators assigned a normal load will receive compensation of three hundred ninety-six dollars ($396) per year.
This policy does not apply to teachers who work in any combination of schools that exclusively involve: (1) Flagstaff High School, Flagstaff Middle School, and/or Marshall Elementary School on any one specific workday, or (2) Mt. Elden Middle School and Weitzel Elementary School on any one specific workday, or (3) Sinagua High School and Knoles Elementary School on any one specific workday.
The formula to be used for figuring payment of an "extra class assignment" is:
Teacher's salary Remaining Contract
- - - - - - - - - ´ =
6 Contract Days Addendum
Extra Pay for Extra Services Schedule
Step Class A Trainer Class B Class C Class D Class E Class F
1 2000 1800 1600 1400 1200 800 600
2 2200 2000 1800 1600 1400 1000 600
3 2400 2200 2000 1800 1600 1200 600
4 2600 2400 2200 2000 1800 1400 600
5 2800 2600 2400 2200 2000 1600 600
6 3000 2800 2600 2400 2200 1800 600
7 3300 3100 2900 2700 2500 2100 700
Class A Class B Class C
Head Varsity Assistant Varsity H.S. Vocal
High School Band Varsity Spiritline H.S. Drama*
Head JV Coach Frosh Spiritline
Head Frosh Coach J.V. Spiritline
H.S. Council
H.S. Forensics
Class D Class E Class F
H.S. Yearbook M.S. Orchestra Elementary Coach
Flagline Sponsor H.S. Band Asst. M.S. Coach
H.S. Orchestra M.S. Council*
H.S. Nat. Honor Soc. M.S. National
Comb. Musical Dir. Jr. Honor Soc.
Publications M.S. Band
M.S. Vocal H.S. Journalism
H.S. Chess H.S. Comb. Musical
M.S. Drama Assts.
*People in these positions presently would receive same contract.
Step advancement
Upon recommendation of the building principal, persons in Classes A, B, C, D, and E may move one (1) vertical step per year of experience.
New assignments to schedule
All new assignments to the Extra Pay for Extra Services Schedule will be placed on step one (1) of the class corresponding to the assignment. The only exception to this will be out-of-District transfers at varsity level only, who will receive one-half (1/2) credit for years of varsity experience. Personnel who change class will receive full credit for continuous in-District experience in the same sport or activity. Personnel returning to positions on the Extra Pay for Extra Services Schedule with in-District experience will receive full credit for years of service when placed in the appropriate class.
Minimum program levels
Secondary principals shall develop a statement of the minimum expectations (program level) for each activity sponsor. The principals shall confer and produce a single District-wide statement for these positions. The statements of minimum program level shall be in effect by the start of the 1997 - 98 school year. Persons not meeting minimum program level shall not be paid.
Curriculum Development/Articulation,
In-Service Classes, Extended
Assignments
The Board realizes that teachers desire to be directly involved in curriculum formulation and revision and that their involvement is necessary for the assurance of a quality curriculum and its ready implementation in the classroom. The writing and/or revision of a quality curriculum requires adequate time, planning, research, and resources. Recognizing this, the Board defines curriculum work in two (2) general categories:
● Routine curriculum work: Curriculum work that all teachers do routinely, such as writing and rewriting lessons to be used in classroom instruction, minor revisions of present curricula to include or exclude particular materials or methodology, informal review of literature for new ideas and approaches in curriculum development, and the like. Routine curriculum work is the job of all professional teachers and as such shall be done by all teachers without remuneration. Similarly, other routine obligations, such as faculty meetings, building department meetings, P.T.O. functions, open houses, school programs, and new teacher orientations, shall be done without pay. Building or District in-service classes or department meetings of up to twelve (12) hours per year shall also be done without pay.
● Major curriculum work: The writing of a new course of study, the rewriting or revision of an existing course of study, the writing of curricula not previously written, and the rewriting or revision of a presently instituted but incomplete or inadequate curriculum.
■ Development of such would involve such procedures as a statement of goals and behavioral objectives, evaluation techniques, methodology, collection and use of resources, scope and sequence, and the like. Major curriculum work or extended assignment shall have prior approval by the assistant superintendent for curriculum/instruction. Other extended assignments involving curriculum development or building, District, or District department meetings beyond twelve (12) hours per teacher per year shall be remunerated by choosing either: (1) District in-service salary credit; (2) compensation at 0.045% times the maximum salary on the certificated salary schedule per hour (twenty dollars and seventy cents [$20.70] per hour for 2000-2001); (3) NAU credit when the District is able to arrange for same. Resource materials and secretarial help shall be made available to staff members involved in major curriculum work.
■ Staff members employed by the District during their summer vacation for major curriculum work shall be paid an hourly wage of 0.045% times the maximum salary on the certificated salary schedule. Requests for summer employment on major curriculum work shall be submitted through the respective building principal.
The District will make an effort to schedule major curriculum work or extended assignment in advance so that participating teachers may plan and make appropriate arrangements. When conditions merit, release time will be provided.
Department/Grade-Level
Chairperson Program
Middle schools and high schools
Academic or department chairpersons will be established within each middle school and high school for:
● English
● Fine Arts
● Counseling
● Foreign Languages
● Libraries
● Business
● Home Economics
● Industrial Arts
● Mathematics
● Science
● Special Education
● Physical Education
● Vocational Education (High School)
● Social Science
Elementary schools
Grade-level chairpersons will be established in each elementary school for primary grades (kindergarten through third grade, including special education) and upper elementary grades (fourth through sixth grades, including special education).
Duties and responsibilities
Assist the principal in the coordination of instruction at each grade level or within the subject area assigned.
Assist the principal, supervisors, and other chairpersons in the coordination of instructional programs within the District.
Assist in research and planning for curriculum development, textbook selection, and/or class scheduling.
Assist the principal in budget planning for assigned department or grade level and coordinate ordering of books, supplies, materials, and equipment.
Develop recommendations and suggestions for revision of curriculum and school procedures.
Provide orientation and assistance to new or continuing teachers needing or requesting help to improve instruction.
Provide orientation and assistance to substitute teachers.
Assist the administrator in evaluation of personnel by making official observations of teachers and completing observation forms. Observations by department chairpersons will occur only with mutual agreement of the administrators and the staff member to be observed.
Selection of and compensation
Each year secondary department and elementary primary/intermediate teachers shall recommend to the principal the name of a representative to serve as department chairperson. The principal shall notify the Superintendent no later than the third week of the fall semester of the teachers selected as chairpersons.
Compensation shall be paid at the rate of one hundred dollars ($100) per year per teacher in primary grades, upper elementary grades, or middle school/high school department.
Suspension of program
The Department/Grade-Level Chairperson Program is suspended indefinitely.
The Superintendent will recommend to the Board an extra-duty pay schedule each year for its review and action.
Adopted: date of Manual adoption
LEGAL REF.:
A.R.S.
15-502
The Governing Board will review professional staff fringe benefits each year during the budget process and may modify the benefits to meet the best interest of the District.
Minimum standards of eligibility for fringe benefits will be determined by the Board annually.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-187
15-502
CROSS REF.:
DKB - Salary Deductions
GCBA - Professional Staff Salary Schedules
(Absent Without Leave)
An employee shall be deemed "absent without leave" when absent from work because of:
● A. A reason that conforms to a policy currently in effect but the maximum days provided for in that policy will that policy will be exceeded; or
● A B. A reason that does not conform to any policy currently in effect; or
● Failure C. Failure to report off work prior to an absence; or● Failure to report to work without prior notification to the Superintendent.
In no case shall an employee be compensated for time lost due to being absent without leave.
An employee who is absent from work without prior approval is subject to disciplinary action (see Board Policy GCQF), as is one who was unable to obtain prior approval due to unusual circumstances and such approval is denied upon the employee's return.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-341
Professional staff members shall receive eleven (11) days of leave per school year cumulative to a maximum of one hundred eighty (180) days. Leave days in excess of one hundred eighty (180) days shall be compensated to the employee at the end of each school year at the rate of thirty-four dollars ($34) per day. Employees with more than one hundred eighty (180) accumulated days as of June 30, 2004, will not lose or be paid thirty-four dollars ($34) per day for those days in excess of one hundred eighty (180), but will be paid for unused leave days each subsequent year if their accumulated leave balance does not fall below one hundred eighty (180) days. Should an employee's leave balance fall below one hundred eighty (180) days, subsequent unused days may accumulate only to one hundred eighty (180).
Except in cases where a staff member is dismissed for cause, a certificated employee shall be compensated for unused accumulated leave at the rate of thirty-four dollars ($34) per day if the employee terminates employment after a minimum of fifteen (15) years service in the District or the employee officially retires according to Arizona Retirement Law prior to age sixty-five (65) with fewer than fifteen (15) years service. The estate of an employee who deceases while under contract shall be paid thirty-four dollars ($34) per accumulated leave day.
Notice of intent to retire or resign should be made by March 15 of the year prior in order for the amount to be properly budgeted. Notice of intent to retire or resign does not obligate the employee to retire/resign the following year. Failure to report by March 15 of the intent to retire or resign will result in forfeiture of the cumulative leave payoff unless otherwise agreed to by the Superintendent. Employees must notify the Superintendent of their decision to retire no later than March 15 of the year of retirement.
The Board shall furnish each staff member with a written statement of Accumulated Leave by October 1 each year or as soon thereafter as possible or until such time as leave balances are reported on payroll warrant receipts.
Any staff member who does not serve a full school year shall have leave days prorated at the rate of one (1) day per month.
How Leave May Be Used
Leave may be used for personal or family illness, personal or family injury, quarantine, childbirth, personal business, or family matters.
Leave for Personal Illness, Family Illness,
Injury, Childbirth, or Quarantine
Illness is defined as a temporary physical condition that would keep the employee from performing their duties. Family, for purposes of family illness, shall include anyone in your home for whom you share responsibility, or:
Spouse Grandchildren
Children Parents of spouse
Parents Brothers or sisters of spouse
Brothers or sisters Sons-in-law or daughters-in-law
Aunts or uncles Nieces or nephews
Grandparents
Anticipated long-term use of leave for illness, injury, or childbirth will be reported to the District in a manner consistent with the Family and Medical Leave Act (FMLA).
The District may, at District expense, require the employee to submit to medical or psychiatric examination by a medical physician or psychiatrist selected by the District to determine 1) whether or not the continued use of leave for illness or injury is appropriate or 2) whether return to work is appropriate.
Leave Incentive Program
The District may implement professional and support staff leave recognition and incentive programs with the approval from the Governing Board. The terms and conditions of the programs will be defined by the documented process and submitted to and approved by the Board.
Reporting Off Work
Except for in an emergency, a staff member using leave shall file a Leave Request in advance of the leave and report off using the District's substitute management system. Failure to report off will result in salary dock of one (1) day for each day not reported off.
Any employee who can be shown to have willfully violated or misused the District's leave policy or misrepresented any statement or condition will be subject to discipline, which may include but is not limited to reprimand, suspension and/or dismissal.
Sick leave for District personnel is a designated amount of compensated leave that is to be granted to a staff member who, through personal or family illness, injury, or quarantine, is unable to perform the duties assigned.
Each staff member shall be credited with a sick leave allowance at the rate of _____ (__) days per month up to ten (10) or twelve (12) days, determined by the number of months employed:
Twelve (12) month employment twelve (12) days
Ten (10) month employment ten (10) days
The unused portion of such allowance shall accumulate to a maximum of _____ (__) days, at which time no more sick leave can be accumulated. As accumulated sick leave days are used and drop below _____ (__) days, an eligible employee may again accumulate sick leave up to the maximum limit.
When a staff member exhausts all days of accumulated sick leave, an unpaid leave of absence must be requested, pursuant to District policy.
Sick leave of any staff member who does not serve a full school year shall be prorated at the rate of one (1) day per month.
If an employee does not wish to return to her duties following childbirth, an extended leave of absence must be requested, consistent with existing District policy.
Upon request, the staff member shall inform the Superintendent of the following:
A. Purpose for which sick leave is being taken.
B. Expected date of return from sick leave.
C. Where the staff member may be contacted during the leave.
Use of Earned Paid
Sick Time
Earned paid sick time shall be provided to an employee by an employer for:
A. An employee's mental or physical illness, injury or health condition; an employee's need for medical diagnosis, care, or treatment of a mental or physical illness, injury or health condition; an employee's need for preventive medical care;
B. Care of a family member with a mental or physical illness, injury or health condition; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury or health condition; care of a family member who needs preventive medical care;
C. Reasons related to child care, domestic violence, sexual violence, abuse or stalking, and legal services as described in A.R.S. 23-373.
Earned paid sick time shall be provided upon the request of an employee. Such request may be made orally, in writing, by electronic means or by any other means acceptable to the employer. When possible, the request shall include the expected duration of the absence.
When the use of earned paid sick time is foreseeable, the employee shall make a good faith effort to provide notice of the need for such time to the employer in advance of the use of the earned paid sick time and shall make a reasonable effort to schedule the use of earned paid sick time in a manner that does not unduly disrupt the operations of the employer.
An employer that requires notice of the need to use earned paid sick time where the need is not foreseeable shall provide a written policy that contains procedures for the employee to provide notice. An employer that has not provided to the employee a copy of its written policy for providing such notice shall not deny earned paid sick time to the employee based on non-compliance with such a policy.
An employer may not require, as a condition of an employee's taking earned paid sick time, that the employee search for or find a replacement worker to cover the hours during which the employee is using earned paid sick time.
Earned paid sick time may be used in the smaller of hourly increments or the smallest increment that the employer's payroll system uses to account for absences or use of other time.
For earned paid sick time of three (3) or more consecutive work days, an employer may require reasonable documentation that the earned paid sick time has been used for a purpose covered by A, B, or C, above. Documentation signed by a heath care professional indicating that earned paid sick time is necessary shall be considered reasonable documentation for purposes of this section
As defined in statute (A.R.S. 23-371), "family member" means:
A. Regardless of age, a biological, adopted or foster child, stepchild or legal ward, a child of a domestic partner, a child to whom the employee stands in loco parentis, or an individual to whom the employee stood in loco parentis when the individual was a minor;
B. A biological, foster, stepparent or adoptive parent or legal guardian of an employee or an employee's spouse or domestic partner or a person who stood in loco parentis when the employee or employee's spouse or domestic partner was a minor child;
C. A person to whom the employee is legally married under the laws of any state, or a domestic partner of an employee as registered under the laws of any state or political subdivision;
D. A grandparent, grandchild or sibling (whether of a biological, foster, adoptive or step relationship) of the employee or the employee's spouse or domestic partner; or
E. Any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.
Notice:
A. Employers shall give employees written notice of the following at the commencement of employment or by July 1, 2017, whichever is later: employees are entitled to earned paid sick time and the amount of earned paid sick time, the terms of its use guaranteed in statute, that retaliation against employees who request or use earned paid sick time is prohibited, that each employee has the right to file a complaint if earned paid sick time as required by statute is denied by the employer or the employee is subjected to retaliation for requesting or taking earned paid sick time, and the contact information for the commission where questions about rights and responsibilities under can be answered.
B. The required notice required shall be in English, Spanish, and any language that is deemed appropriate by the Industrial Commission of Arizona.
C. The amount of earned paid sick time available to the employee, the amount of earned paid sick time taken by the employee to date in the year and the amount of pay the employee has received as earned paid sick time shall be recorded in, or on an attachment to, the employee's regular paycheck.
D. The Industrial Commission of Arizona shall create and make available to employers, in English, Spanish, and any language deemed appropriate by the commission, model notices that contain the information for employers' use in complying with the statute.
E. Employer violation of the notice requirements shall be subject to a civil penalty as prescribed in A.R.S. 23-364.
Accrual:
A. Employees of an employer with fifteen (15) or more employees shall accrue a minimum of one (1) hour of earned paid sick time for every thirty (30) hours worked, but employees shall not be entitled to accrue or use more than forty (40) hours of earned paid sick time per year, unless the employer selects a higher limit.
B. Employees of an employer with fewer than fifteen (15) employees shall accrue a minimum of one hour of earned paid sick time for every thirty (30) hours worked, but employees shall not be entitled to accrue or use more than twenty-four (24) hours of earned paid sick time per year, unless the employer selects a higher limit.
C. Earned paid sick time shall begin to accrue at the commencement of employment or on July 1, 2017, whichever is later. An employer may provide all earned paid sick time that an employee is expected to accrue in a year at the beginning of the year.
D. An employee may use earned paid sick time as it is accrued, except that an employer may require an employee hired after July 1, 2017, to wait until the ninetieth (90th) calendar day after commencing employment before using accrued earned paid sick time, unless otherwise permitted by the employer.
E. Employees who are exempt from overtime requirements under the Fair Labor Standards Act of 1938 (29 United States Code section 213(A)(1)) will be assumed to work forty (40) hours in each work week for purposes of earned paid sick time accrual unless their normal work week is less than forty (40) hours, in which case earned paid sick time accrues based upon that normal work week.
F. Earned paid sick time shall be carried over to the following year, subject to the limitations on usage indicated above for employees of employers with fifteen (15) or more employees and employees of employers with fewer than fifteen (15) employees. Alternatively, in lieu of carryover of unused earned paid sick time from one (1) year to the next, an employer may pay an employee for unused earned paid sick time at the end of a year and provide the employee with an amount of earned paid sick time that meets or exceeds the requirements in statute that is available for the employee's immediate use at the beginning of the subsequent year.
G. If an employee is transferred, but remains employed by the same employer, the employee is entitled to all earned paid sick time accrued and is entitled to use all earned paid sick time as provided in this section.
H. When there is a separation from employment and the employee is rehired within nine (9) months of separation by the same employer, previously accrued earned paid time that had not been used shall be reinstated. Further, the employee shall be entitled to use accrued earned paid sick time and accrue additional earned paid sick time at the re-commencement of employment.
I. When a different employer succeeds or takes the place of an existing employer, all employees of the original employer who remain employed by the successor employer are entitled to all earned paid sick time they accrued when employed by the original employer, and are entitled to use earned paid sick time previously accrued.
J. At its discretion, an employer may loan earned paid sick time to an employee in advance of accrual by such employee.
Any employer with a paid leave policy, such as a paid time off policy, who makes available an amount of paid leave sufficient to meet the accrual requirements of this section that may be used for the same purposes and under the same conditions as earned paid sick time under this article is not required to provide additional paid sick time.
Nothing in statute shall be construed as requiring financial or other reimbursement to an employee from an employer upon the employee's termination, resignation, retirement or other separation from employment for accrued earned paid sick time that has not been used.
Retaliation Prohibited
It shall be unlawful for an employer or any other person to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected in statute.
An employer shall not engage in retaliation or discriminate against an employee or former employee because the person has exercised protected rights. Such rights include but are not limited to the right to request or use earned paid sick time pursuant to the statute; the right to file a complaint with the commission or courts or inform any person about any employer's alleged violation; the right to participate in an investigation, hearing or proceeding or cooperate with or assist the commission in its investigations of alleged violations and the right to inform any person of his or her potential rights.
It shall be unlawful for an employer's absence control policy to count earned paid sick time taken as an absence that may lead to or result in discipline, discharge, demotion, suspension, or any other adverse action.
Protections of this section shall apply to any person who mistakenly but in good faith alleges violations of this policy based on the supporting statutes.
Adopted: date of Manual adoption
LEGAL REF.:
A.R.S.
15-187
15-502
23-363
23-364
23-371
23-372
23-373
23-374
23-375
CROSS REF.:
EBBB-RB - Accident Reports
GCBA - Professional Staff Salary Schedules
REGULATION
PROFESSIONAL STAFF VOLUNTARY
TRANSFER OF ACCRUED SICK LEAVE
(Application Screening Committee)
A committee consisting of one (1) staff member from each building and one (1) from the central staff selected by the staff and an administrator appointed by the Superintendent shall review each application and submit a recommendation to the Superintendent. The applications are to be reviewed in accord with the guidelines found in policy and as presented below:
A. The application must be in writing.
B. The application must be supported by a physician's letter confirming the conditions required for receipt of sick leave bank assistance.
C. Data in the application shall include the nature of the illness, diagnosis, and prognosis for return to duty.
D. The application shall be received by the District office within ten (10) days following the beginning of the applicant's unpaid-leave status.
For approval, the applicant shall:
A. Be a full-time employee.
B. Have a non-job-related, seriously incapacitating, and extended illness or injury.
C. Be presently on unpaid-leave status with the District.
D. Not be eligible for disability benefits, including but not limited to Social Security, provided at District expense.
E. Be one whose return to duty is projected to occur within a period no longer than six (6) months.
F. Submit an application, which shall be received by the District office within ten (10) days following the beginning of the applicant's unpaid-leave status.
Personal Leave
Personal leave is defined as personal business or family matters that require absence from performing one's duties in order to complete the demand in a timely manner. Only in emergency situations may a staff member use personal leave without filing a Leave Request Form in advance of the absence.
With the exception of personal or family emergencies, personal leave will not be used on the following days without prior approval of the principal or supervisor:
● The day prior or subsequent to any scheduled holiday or vacation.
● The first or last instructional day of the school year.
Personal leave used for purposes other than business or family matters is allowable with the following restrictions:
● The first day of more than one (1) day used in succession of personal leave for other than business or family matters shall be supported by the District.
● Subsequent days shall result in the employee contributing sixty-five dollars ($65) per day from their salary to support such leaveEach staff member will be granted personal leave not to exceed two (2) days per year. No more than ten percent (10%) of the staff or other groupings of employees may take personal leave at any one time. Requests for personal leave must be received at least four (4) working days prior to the first day of leave, and must be approved by the principal.
Requests shall be acted upon in order of receipt, and the availability of substitutes, if necessary, may limit the number of requests granted at any one (1) time.
Personal leave will not be granted during the following periods:
A. On the day immediately preceding or following a holiday or vacation.
B. During the first two (2) weeks of school or the last two (2) weeks of school.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-510
The District recognizes that on occasion extenuating circumstances arise that may necessitate absence from duty that is not covered by other specific leave provisions of the District. To address such situations, a leave of absence, without pay, may be granted a member of the certificated or support staff for not longer than one (1) year.
Leave of absence may be requested for, but not limited to, the following purposes:
● For A. For additional education that relates to the employee's primary assignment. A plan of contemplated course work course work must be presented to the Superintendent.
● To B. To provide for an unpaid leave in a situation where the employee will be absent from work because of a reason 1) a reason that conforms to a policy currently in effect but the maximum number of days provided for in that policy will that policy will be exceeded.● For , or 2) failure to report to work without prior notification to the Superintendent.
C. For a leave of absence that benefits or is in the best interest of the District, as determined by the Board upon review upon review of the application.
● For a reason of pressing personal nature that does not conform to a policy currently in effect.
● For D. For leave under the Family and Medical Leave Act.
A leave of absence requested pursuant to this policy may be:
● Approved A. Approved by the Superintendent if the leave period does not exceed twelve (12) weeks; or
● Recommended B. Recommended by the Superintendent and approved by the Governing Board if the leave period exceeds twelve exceeds twelve (12) weeks.
A request for leave of absence shall not be denied by the District if the employee is entitled to the leave under the Family and Medical Leave Act. All other applications for leave of absence may be granted or denied by the District, in its sole discretion.
Each request for such a leave of absence shall be in a written application stating the purpose, starting date, and duration of the leave of absence, the reasons for its necessity or desirability, and any other information the applicant deems relevant to the request.
The leave of absence shall be only for the purpose and duration approved and may not be extended without written approval by the District.
All rights of continuing status (certificated teachers only), retirement, salary increments, and other benefits shall be restored at the level earned when the leave was granted. All accrued leave sick, vacation, personal, and other paid leave shall be applied to the leave period unless otherwise agreed to by the District or prohibited by the Family and Medical Leave Act.
During an extended leave of absence the staff member, at their own expense, may continue enrollment in the District's medical, dental, and/or life insurance programs at the District group rate for a period not to exceed that as provided under federal COBRA law (eighteen [18] months maximum).
Family and Medical
Leave Act (FMLA)
The District shall fully comply with the Family and Medical Leave Act and all interim and final regulations interpreting the FMLA issued by the U.S. Department of Labor. Accordingly, all portions of this policy that pertain to the FMLA shall be interpreted in a manner consistent with the FMLA and its regulations. Subject to the conditions set forth herein, any eligible employee of the District may take up to twelve (12) weeks of leave (FMLA leave) during any one (1) fiscal year (July 1 to June 30), measured backward for each employee from the first time such employee uses leave under FMLA without pay, for any one (1) or more of the following reasons:
● Because A. Because of the birth of a child of the employee and in order to care for such child.
● Because B. Because of the placement of a child with the employee for adoption or foster care.
● In C. In order to care for the spouse or a son, daughter, or parent of the employee, if such person has a serious health serious health condition.
● Because D. Because of a serious health condition that makes the employee unable to perform the functions of the position of position of such employee.
Serious medicalE. Because of any qualifying exigency (as the Secretary shall, by regulation, determine) arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation.
An eligible employee is one who has been employed by the District at least twelve (12) months and who has completed at least one thousand two hundred fifty (1,250) hours of service immediately prior to the time the FMLA leave is to commence.
Serious health condition means an illness, injury, impairment, or physical condition that involves inpatient care in a hospital, hospice, or residential medical facility, or outpatient care with continuing medical treatment by a licensed physician. Any employee who has been employed by the District at least twelve (12) months and who has completed at least one thousand two hundred fifty (1,250) hours of service immediately prior to the time the leave is to commence shall be eligible for FMLA leave.
Special conditions applicable to FMLA. Entitlement to leave for the birth of a child or the placement of a child for adoption or foster care ends at the expiration of a twelve (12)-month period, beginning on the date of the event. An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember shall be entitled to a total of twenty-six (26) workweeks of leave during a twelve (12)-month period to care for the servicemember. The leave described to care for a covered servicemember shall only be available during one (1) single twelve (12)-month period.
A husband and wife working for the District may be limited to a total of twelve (12) weeks of leave during each fiscal year applicable twelve (12)-month period for leave for the birth of a child or the placement of a child for adoption or foster care and to care for an employee's parent with a serious health condition. The aggregate number of workweeks of leave to which both the husband and wife may be entitled under covered servicemember family leave combined with leave as described in the previous sentence shall be limited to twenty-six (26) workweeks during one (1) single twelve (12)-month period.
The District shall not require an employee to substitute accrued sick leave for FMLA leave used by reason of a birth, adoption, or foster placement. An employee shall substitute accrued vacation or personal leave for FMLA leave used by reason of a birth, adoption, or foster placement, to the extent available by policy, unless otherwise agreed to by the District. In any other circumstance, an employee's accrued sick, vacation, personal, or other applicable leave shall be substituted for FMLA leave, to the extent available by policy, unless otherwise agreed to by the District.
Notice. An employee must provide at least thirty (30) days ' notice before the FMLA leave is to begin if the need for the leave is foreseeable based on an expected birth, placement for adoption, or foster care, or planned medical treatment for a serious health condition, or military service leave of the employee or family member. If thirty (30) days ' notice is not practicable, notice must be given as soon as practicable. The notice shall be in the form of a request for leave of absence as specified in this policy. The District may deny FMLA leave to any eligible employee until such time as the employee has provided the required notice.
Medical certificationCertification. All FMLA leave shall be supported by medical certificate provided by the employee's health provider in the form of the exhibit accompanying this policy. In any instance where the FMLA leave must be preceded by thirty (30) days ' notice, the medical certificate should accompany the request for leave of absence. In any other instance, the medical certificate should be provided within fifteen (15) days after the FMLA leave commences.
Certification of active military duty or call to active duty in support of a contingency operation for purpose of receiving family leave shall be required under the same conditions as FMLA certification for leave indicated above.
The employee may be requested (at the District's expense) to provide recertification of medical conditions in support of leave if the District feels that the circumstances so warrant and notice is given. Recertification shall not be required for intervals shorter than thirty (30) days.
Whenever a medical certification or recertification is required of an employee, notice describing such requirement and providing the form of such certification shall be provided to the employee. An employee shall not be denied FMLA leave or other rights under the FMLA unless a notice required by FMLA in such situation has first been provided to the employee.
In the case of continuation, recurrence, or onset of a serious health condition to the employee, covered family of the employee (including a servicemember being cared for by an employee) and the employee is unable to return to work, certification issued by the health care provider of the entity with the serious health condition shall be required to support the inability of the employee to return to work.
Intermittent or reduced time (IRT) leave. FMLA leave may be taken intermittently or on a reduced leave schedule only (1) if under the following circumstances:
A. If medically necessary to care for a family member or for the employee's own
seriousserious health condition
or (2) if;
B. Because of any qualifying exigency the spouse, or a son, daughter, or parent, of the employee is on active duty, or notified of an impending call or order to active duty in support of a contingency operation; or
C. If approved by the District.
The District may, for the term of the leave, transfer the employee to an alternative position with equivalent pay and benefits.
If the IRT leave is for an instructional employee (one whose principle principal function is to instruct students in a class, small group, or as individuals), the District can require the employee either to take leave for a period or periods of a particular duration not greater than the duration of the planned treatment or to transfer temporarily to an available alternative position with equivalent pay and benefits that provides better accommodation of recurring periods of leave, provided the leave is:
● Requested A. Requested to care for a qualifying family member or as a result of the employee's serious health condition preventing condition preventing job performance;
● ForeseeableB. Foreseeable, based upon planned medical treatment; and
● For C. For more than twenty percent (20%) of the working days in the leave period.
The employee may be granted leave under these circumstances, subject to reasonable efforts to schedule treatment so as not to unduly disrupt the educational program.
Special end-of-semester circumstances for instructional employees. Under each of the following conditions, leave for an instructional employee may be required to continue to the end of the academic semester:
● Leave A. Leave begins more than five (5) weeks before the end of the semester, leave is for at least three (3) weeks, and and return to employment would occur during the last three (3) weeks of the semester.
● Leave B. Leave other than for the employee's serious health condition begins within the last five (5) weeks of the semesterthe semester, leave is for greater than two (2) weeks ' duration, and return to employment would occur during the during the last two (2) weeks of the semester.
● Leave C. Leave other than for the employee's serious health condition begins within the last three (3) weeks of the semester the semester and leave exceeds five (5) working days.
Employee notification. With each request for FMLA leave, the employee shall be notified:
● About A. About FMLA by provision of the FMLA fact sheet (exhibit 2Exhibit EE).
● As B. As appropriate concerning the expectations, obligations, and consequences of taking FMLA leave per 29 per 29 C.F.R. Section 825.301 300(a) of FMLA.
● That C. That FMLA leave may be withheld until a requested notice is provided or the time frame is met.
● That D. That if leave is granted to an employee who is unable to perform the work required, restoration may be denied until denied until the employee has complied with the request to provide medical certification of ability to return to work.
The District will post notices in conspicuous places on the District premises that provide a summary of FMLA and information on how to file a charge for an FMLA violation.
Health care continuation. An employee taking FMLA leave shall be entitled to have the health care plan in which the employee is participating continue under the same terms and conditions applicable to actively working employees. The District shall require the repayment of any health care premiums paid by the District for continuing coverage during the period of the FMLA leave if the employee fails to return to work after the FMLA leave expires and the failure to return is not due to circumstances beyond the employee's control.
Position restoration. Upon return from FMLA leave, an employee shall be restored to the same position held before the FMLA leave commenced or to an equivalent position with equivalent pay, benefits, and working conditions. The District requires an employee to provide a medical certificate from a health care provider that the employee is able to resume work before returning from FMLA leave for a serious personal health condition. The District may delay the return of an instructional employee from FMLA leave at the end of a semester, in accordance with Section 108(d) 825.602 of FMLA rules. The District may deny restoration of position to any key employee (i.e., one who is among the highest-paid ten percent [10%] of all employees of the District), in accordance with Section 104(b) 825.218 of FMLA rules.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-510
Family and Medical Leave Act of 1993
29 C.F.R. Part 825
EXHIBIT
PROFESSIONAL / SUPPORT STAFF
LEAVES OF ABSENCE WITHOUT PAY
CERTIFICATION OF HEALTH CARE PROVIDER
(Family and Medical Leave Act of 1993)
When completed, this form goes to the employee.
1. Employee's Name __________________________________________________
2. Patient's Name (If different from employee) ______________________________
3. A definition of "serious health condition" under the Family and Medical Leave Act
is provided near the end of this form. Does the patient's condition1 qualify qualify under
any of the categories described? If so, please check the applicable category.
(1) ___ (2) ___ (3) ___ (4) ___ (5) ___ (6) ___, or None of the above ___
__________________________________________________________________
4. Describe the the medical facts which which support the patient's certification, including
a brief statement as to how the medical facts meet the criteria of the category
checked above:
5. a. State the approximate approximate date the the condition commenced, and the probable
duration of the condition (and also the probable duration of the patient's
present present incapacity2 if if different):
b. Will it be necessary for the employee to take work only intermittently only intermittently
or to
work on a less than full schedule as as a result of the condition
(including for
treatment described in Item 6 below)?
If yes, give the probable duration:
c. If the condition is a a chronic condition (condition 4) or or pregnancy, state
whether the patient is presently incapacitated2 and and the likely duration and
frequency of of episodes of incapacity2:
_______________________________________________ 1 ___________________
1 Here and elsewhere on this form, the information sought relates only to
relates only
to the condition for which the employee is taking FMLA leave.
2 "Incapacity," for purposes of FMLA, is defined to mean inability to work,
attend attend school or perform other regular daily activities due to the serious
health health condition, treatment therefore, or recovery therefrom.
6. a. If additional additional treatments will will be required for the condition, provide an
estimate
of the probable number of such treatments.
If the patient will be absent from work or other daily activities because of
of treatment on an on an intermittent or or part-time basis basis, also provide an estimate
estimate of the probable number of and interval between such treatments,
actual or
estimated dates of treatment if known, and period required
for recovery if
any:
b. If any of these treatments will be provided by by another provider of health
health services (e.g., physical therapist), please state the nature
of the treatments:
c. If a regimen of continuing treatment by by the patient is required under your
your supervision, provide a general description of such regimen regimen (e.g., prescription
prescription drugs, physical therapy requiring special equipment):
__________________________________________________________________
7. a. If medical leave is required for the employee's s absence from work because
because of the the employee's own condition (including absences
due to pregnancy or a
chronic condition), is the employee employee unable
to perform work of of any kind?
b. If able to perform some work, is the employee employee unable to perform
any one
(1) or one (1) or more of the essential functions of the
employee's job
(the employee or the employer should supply you
with information about the
essential job functions)? If yes, please
list the essential functions the
employee is unable to perform:
c. If neither a. nor b. above applies, is it necessary for the employee to be
be absent from work for treatment?
__________________________________________________________________
8. a. If leave is required to to care for a family member of of the employee with a
serious health condition, does the patient require assistance for for basic
medical or personal needs or safety, or for transportation?
b. If no, would the employee's presence to provide provide psychological comfort
be beneficial to the patient or assist in the patient's recovery?
c. If the patient will need care only only intermittently or or on a part-time basis,
please indicate the probable probable duration of of this need:
__________________________________________________________________
_____________________________________ _ _________________________
Signature of Health Care Provider Provider Type of Practice
_____________________________________ _ _________________________
Address Telephone
Address Telephone Number
_____________________________________ _ _________________________
Date
_____________________________________ _ _________________________
To be completed by the employee needing family leave to care for a family member:
State the care you will provide and an estimate of the period during which care will be provided, including a schedule if leave is to be taken intermittently or if it will be necessary for you to work less than a full schedule:
______________________________________ _________________________
Employee Signature Signature Date
Definitions
A "Serious Health Condition" means an illness, injury impairment, or physical or mental condition that involves one (1) of the following:
1. Hospital Care
Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity2
oror subsequent treatment in connection with or consequent to such inpatient care.
2. Absence Plus Treatment
(a) A period of incapacity2
of
of more than three (3) consecutive calendar days
(including any
subsequent treatment or period of incapacity2
relatingrelating to the
same
same condition), that also involves:
(1)
Treatment3
twotwo (2) or more times
byby a health care provider, by
a nurse
a
nurse or physician's
assistant under direct supervision of a
health care
health
care provider, or by a provider of health care services (e.g.,
physical
therapist) under orders of, or on referral by, a health care provider; or
(2)
Treatment
byby a health care provider
onon at least one (1) occasion
which
which results in
a regimen
of continuing treatment4 under the supervision
of continuing treatment4 under the
supervision of the health care provider.
3. Pregnancy
Any period of incapacity due
toto pregnancy, or
forfor prenatal care.
4. Chronic Conditions Requiring Treatments A
A chronic condition
whichwhich:
(1)
RequiresRequires periodic visits
forfor treatment by a health care provider, or by
a nurse
a
nurse or physician's
assistant under direct supervision of a health
care provider
care
provider;
(2) Continues over
anan extended period of time (including
recurring episodes of
recurring
episodes of a single
underlying condition); and
(3) May
causecause episodic
rather
rather than a continuing period of incapacity2
(e.g., asthma, diabetes, epilepsy,
etc.).
5. Permanent/Long-term Conditions Requiring Supervision
A period of of Incapacity2 which is which is permanent or long-term due due to a condition for which treatment may not be effective. The employee or family member must be be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer's, a severe stroke, or the terminal stages of a disease.
6. Multiple Treatments (Non-Chronic Conditions)
Any period of absence to receive receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that that would likely result in a period of Incapacity2of of more than three (3) consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), and kidney disease (dialysis).
This optional form may be used by employees to satisfy a mandatory requirement to furnish a medical certification (when requested) from a health care provider, including second or third opinions and recertification (29 C.F.R. 825.306).
_______________________________________________ 3 ___________________
3 Treatment includes examinations to determine if a serious health condition
exists and evaluations of the condition. Treatment does not does not include routine
physical examinations physical examinations, eye examinations, or dental examinations.
4 4 A regimen of continuing treatment includes, for example, a course of
prescription prescription medication (e.g., an antibiotic) or therapy requiring special
equipment equipment to resolve or alleviate the health condition. A regimen of treat-
ment
treatment does not include the taking of over-the-counter medications such
as counter medications
such as aspirin, antihistamines, or salves: or bed-rest, drinking fluids, exercise,
exercise, and other similar activities that can be initiated without a visit to
to a health
care provider.
EXHIBIT
PROFESSIONAL / SUPPORT STAFF
LEAVES OF ABSENCE WITHOUT PAY
EMPLOYER RESPONSE TO EMPLOYEE REQUEST
FOR FAMILY OR MEDICAL LEAVE
(Family and Medical Leave Act of 1993
Optional Use Form - See 29 C.F.R. § 825.300)
Date: ___________________________
To: _______________________________________________________________
(Employee's Name)
From: _____________________________________________________________
(Name of Appropriate Employer Representative)
Subject: REQUEST FOR FAMILY/MEDICAL LEAVE
On ________________________, you notified us of your need to take familytake family/medical
(Date)
medical leave due to:◻ The
[ ] The birth of a child, or the placement of a child with you for
adoption oradoption or foster
care; or
◻ A[ ] A serious health condition that makes you unable to perform the
essentialessential functions for your job; or
◻ A[ ] A serious health condition affecting your
◻ spouse, ◻ child, ◻ parent, for[ ] spouse, [ ] child, [ ] parent, for which you are needed to provide care; or
◻ A[ ] A qualifying exigency (as the Secretary shall, by regulation, determine)
arisingarising out of the fact that the spouse, or a son, daughter, or parent of
the employeethe employee is
on active duty (or has been notified of an impending call
or orderor order to active duty)
in the Armed Forces in support of a
contingency operationcontingency operation.
You notified us that you need this leave beginning on _________________________
. (Date)
and that you expect leave to continue until on or about _______________________.
.
(Date)
Except as explained below, you have a right under the FMLA for up to twelve (12) weeks of unpaid leave in a twelve (12) month period for the reasons listed above. Also, your health benefits must be maintained during any period of unpaid leave under the same conditions as if you continued to work, and you must be reinstated to the same or an equivalent job with the same pay, benefits, and terms and conditions of employment on your return from leave. If you do not return to work following FMLA leave for a reason other than: 1) the continuation, recurrence, or onset of a serious health condition which would entitle you to FMLA leave; or 2) other circumstances beyond your control, you may be required to reimburse us for our share of health insurance premiums paid on your behalf during your FMLA leave.
This is to inform you that: (check appropriate boxes: explain where indicated)
1. You are
◻ eligible ◻ not eligible for[ ] eligible [ ] not eligible for leave under the FMLA.
2. The requested leave
◻ will ◻ will not be[ ] will [ ] will not be counted against your
annual FMLAannual FMLA leave entitlement.
3. You
◻ will ◻ will not be[ ] will [ ] will not be required to furnish medical certification of
a seriousa serious health condition. If required, you must furnish certification
byby ________________
(insert date; must be at least fifteen [15] days
after you areafter you are notified of this
require-requirement), or we may delay the
commencement of your leavecommencement of your leave until the certification is
submitted.
4. You may elect to substitute accrued paid leave for unpaid FMLA leave. We
[ ] will [ ] will not require that you substitute accrued paid leave
forfor unpaid FMLA leave. If paid leave will be used, the following conditions
willwill apply: (Explain)
5. (a) If you normally pay a portion of the premiums for your health insurance,
thesethese payments will continue during the period of FMLA leave.
ArrangementsArrangements for
payment have been discussed with you, and it
is agreedis agreed that you will make
premium payments as follows: (Set forth dates,
ee.g., the tenth [10th] of each
month, or pay periods, etc., that
specifically coverspecifically cover the agreement with the
employee.)
(b) You have a minimum thirty (30)-day (or, indicate longer period,
if applicable)if applicable) gace period in which to make premium payments. If
payment ispayment is not made
timely, your group health insurance may be cancelled,
providedprovided we notify you
in writing at least fifteen (15) days before the
date thatdate that your health coverage
will lapse, or, at our option, we may pay
your shareyour share of the the premiums during
FMLA leave, and recover these payments from you upon your return to work.
We [ ] will [ ] will not pay your share of health insurance premiums while
you are on leave.
(c)
We o will o willWe o will o will not do the same with other benefits (e.g., life insurance,
lifelife insurance, disability insurance, etc.) while you are on FMLA leave.
If weIf we do
pay your premiums for other benefits, when you return from
leave you ◻ willleave you [ ] will [ ] will not be expected to reimburse us for the
payments madepayments made on your behalf.
6. You
◻ will ◻ will not be[ ] will [ ] will not be required to present a fitness-for-duty
certificate priorcertificate prior to being restored to employment. If such certification is required but
not receivednot received,
your return to work may be delayed until certification is provided.
7. (a)
You ◻ are ◻ areYou [ ] are [ ] are not a "key employee" as described in § 825.217 of
the FMLAthe FMLA regulations. If you are a "key employee:" restoration
toto employment may be
denied following FMLA leave on the grounds that
such restorationsuch restoration will cause
substantial and grievous economic injury to
the Districtthe District as discussed in
§ 825.218.
(b) We
o have o[ ] have [ ] have not determined that restoring you to employment
at theat the conclusion of FMLA leave will cause substantial and
grievous economic harmgrievous §825.219 of the
FMLA regulations.)
8. While on leave,
you o will o willyou [ ] will [ ] will not be required to furnish us with
periodic reportsperiodic reports every __________________________
_(indicate interval of
periodic reportsperiodic reports, as
appropriate for the particular leave situation) of your status
and intentand intent to return to
work (see § 825.309 of the FMLA regulations). If
the circumstancesthe circumstances of your leave
change and you are able to return to work earlier than the date indicated on the
reverse side of this form,
you o will o willyou [ ] will [ ] will not be required to notify us at least two
(2) work days prior to the
date youdate you intend to report to work.
9 You
◻ will ◻ will not be[ ] will [ ] will not be required to furnish recertification relating to
a seriousa serious health condition. (Explain below, if necessary, including the
interval betweeninterval between certifications as prescribed in §825.308 of the FMLA regulations.)
This optional use form may be used to satisfy mandatory employer requirements to provide employees taking FMLA leave with written notice detailing specific expectations and obligations of the employee and explaining any consequences of a failure to meet these obligations. (29 C.F.R. 825.300(b).)
EXHIBIT
PROFESSIONAL / SUPPORT STAFF
LEAVES OF ABSENCE WITHOUT PAY
YOUR RIGHTS UNDER THE FAMILY AND
MEDICAL LEAVE ACT OF 1993
The Family and Medical Leave Act of 1993 (FMLA) requires covered employers to provide up to twelve (12) weeks of unpaid, job-protected leave to "eligible" employees for certain family and medical reasons. Employees are eligible if they have worked for their employer for at least one (1) year, and for one thousand two hundred fifty (1,250) hours over the previous twelve (12) months, and if there are at least fifty (50) employees within seventy-five (75) miles. The FMLA permits employees to take leave on an intermittent basis or to work a reduced schedule under certain circumstances.
Reasons for Taking Leave
Unpaid leave must be granted for any of the following reasons:
● To A. To care for the employee's child after birth, or placement for adoption or foster care;
● To B. To care for the employee's spouse, son or daughter, or parent who has a serious health condition; or
● For C. For a serious health condition that makes the employee unable to perform the employee's job.
At the employee's or employer's option, certain kinds of paid leave may be substituted for unpaid leave.
Advance Notice and Medical Certification
The employee may be required to provide advance leave notice and medical certification. Taking of leave may be denied if requirements are not met.
● The A. The employee ordinarily must provide thirty (30) days advance notice when the leave is "foreseeable."
● An B. An employer may require medical certification to support a request for leave because of a serious health conditionhealth condition, and may require second or third opinions (at the employer's expense) and a fitness for duty report to report to return to work.
Job Benefits and Protection:
● For A. For the duration of FMLA leave, the employer must maintain the employee's health coverage under any any "group health plan."
● Upon B. Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent positions with equivalent pay, benefits, and other employment terms.
● The C. The use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employeestart of an employee's leave.
Unlawful Acts by Employers
FMLA makes it unlawful for any employer to:
● interfere A. interfere with, restrain, or deny the exercise of any right provided under FMLA.
● discharge B. discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement for involvement in any proceeding under or relating to FMLA.
Enforcement:
● The A. The U.S. Department of Labor is authorized to investigate and resolve complaints of violations.
● An B. An eligible employee may bring a civil action against an employer for violations.
FMLA does not affect any federal or state law prohibiting discrimination, or supersede any state or local law or collective bargaining agreement which provides greater family or medical leave rights.
For Additional Information
If you have access to the Internet visit the FMLA website: http://www.dol.gov/ esa/whd/fmla. To locate your nearest Wage-Hour Office, telephone the Wage-Hour toll-free information and help line at 1-866-4USWAGE (1-866-487-9243): a customer service representative is available to assist you with referral information from 8am to 5pm in your time zone; or log onto the following at http://www.wagehour.dol.gov.
A Spanish translation of this form may be downloaded
at http://www.dol.gov/whd/fmla/index.htm
REGULATION
PROFESSIONAL STAFF
SALARY SCHEDULES
Professional Growth Committee
Establishment of Professional Growth Committee per Governing Board action on or prior to July 1 of each year: The Professional Growth Committee is established to review courses and other training submitted for credit on the District certified salary schedule, either by those wishing to offer such credit or by those wishing to be given credit for the purposes of advancement. The Professional Growth Committee is also responsible for making recommendations to the Governing Board regarding the policies pertaining to professional growth of certificated staff, as needed. Further reference to the Professional Growth Committee in this section will be denoted by the word "Committee" only.
Membership: The Committee shall consist of:
● The Superintendent or a designee thereof;
● One (1) high school administrator;*
● One (1) middle school administrator;*
● One (1) elementary school administrator;*
● Coordinator of career ladder program;
● Six (6) members of the Flagstaff Education Association (FEA); and
● The president and vice-president of FEA.
* (An administrator is defined as a principal, assistant principal, building coordinator, or administrative assistant.)
Selection of members:
● Administrative members shall be selected by their respective groups.
● FEA Committee members shall be selected by the Flagstaff Education Association.
Term of office:
● Administrative members shall serve at the pleasure of their respective groups.
● FEA Committee members shall serve in accordance with the provisions of the constitution and bylaws of the FEA.
Selection of officers and meetings:
● Seven (7) members of the Committee shall constitute a quorum for the transaction of business; a majority vote of the quorum will decide all questions.
● The chair shall be chosen by majority vote at the May meeting, shall serve a term of two (2) years, and shall have full voting rights.
● The vice chair shall be chosen by majority vote at the May meeting, shall serve a term of two (2) years, shall have full voting rights, and shall serve as chair in the absence of the duly elected chair.
● The Superintendent shall appoint a member of the District office staff to serve as recording secretary.
● The Committee shall keep a written record of its meetings on file in the Superintendent's office.
● The regular meetings of the Committee shall be held the second (2nd) week in January, May, and September for the purpose of evaluating requests concerning advancement on the salary schedule. Such requests must be submitted to the chair of the Committee not later than one (1) week prior to the scheduled meeting. An additional meeting will be scheduled after the September meeting prior to October 2 to consider requests that will affect advancement on the salary schedule. Special meetings may be called by the chair. At special meetings, only the business for which the meeting was called will be discussed.
● All meetings of the Committee shall be called by the members and to all schools not less than two (2) weeks before the Committee meets. Notice of special meetings may be issued by telephone, personal contact, written, or electronic communication. The notice of two (2) weeks prior to a meeting is waived for special meetings; however, the chair shall notify Committee members as far in advance as is reasonable and practicable.
General rules:
● The Committee shall submit to the Governing Board in writing all recommendations pertaining to the administration of the provisions of the salary schedule.
● Teachers experiencing problems relating to their placement on the salary schedule and/or other provisions of the salary schedule are encouraged to appear before the Committee.
Amendments, Revisions, and
Cancellation
The salary schedule and all provisions may be revoked, altered, or amended by action of the Governing Board, but such proposed changes shall be submitted in writing to the committee for its consideration and recommendation before final action is taken by the Board.
Classification of Teachers
The criteria upon which the classification of teachers is based are:
● Academic and professional preparation.
● Teaching experience.
● Professional in-service growth.
Certificated teachers shall be placed in one (1) of the following classes:
|
● The term unit refers to a semester hour or the equivalent.
● Unless requested by the Superintendent, courses taken to remove deficiencies in qualifying employees for their first regular* Arizona certificate, or for the renewal of certificates that have lapsed shall not be accepted for advancement on the salary schedule.
* (Regular, in this instance, excludes certificates classified as temporary, provisional, and the like.)
● Units for Class IV must have been earned after the completion of the requirements for the bachelor's degree or earned concurrently during the last term of work on the bachelor's degree. Units applied toward the bachelor's degree may not be used for advancement to Classes IV, V, VI, VII, VIII, or IX.
● A maximum of fifteen (15) units earned after completion of the bachelor's degree and prior to or concurrently during work toward a master's degree, but not required for the master's degree, may be applied toward advancement on the salary schedule for Classes VI, VII, VIII, and IX, unless more than fifteen (15) units are earned for a District Initiative as certified in writing by the Superintendent (such as an English as a Second Language endorsement) or for course work taken to move between disciplines at the request of the District as certified in writing by the Superintendent. Only units earned beyond the fifteen (15) units for the District initiative or District requested discipline change will be accepted.
● Employees will apply through the Professional Growth Committee to obtain credit for units earned to meet District initiative as described above. Employees will present to the Certified Professional Growth Committee the letter of certification from the Superintendent's office, a letter explaining the circumstances of the request for credit, and proper transcript/documentation of the professional growth activities.
Advancement on the
Salary Schedule
Change of class: Salary increases for change in class will not be after October 1 of the school year for which a teacher signs a contract. Following the submission of a request for advancement, salary increases for change in class will become effective after October 1.
● A teacher shall be advanced through the horizontal steps of the salary schedule by completing academic credits or professional growth activities.
● Teachers qualifying for a change in class will move to the new class following initial placement on the schedule as outlined above providing a Declaration of Class Advancement is submitted to the employee's site administrator by March 29 for notification of the Superintendent so that provisions for salary advancement can be included in the District budget for class advancement. Teachers who fail to meet this deadline may be granted class advancement if funds are available in the budget for class advancement.
● Advancement in class must be substantiated by transcript or other written proof of work completed before salary changes can be made. Such verification must be filed in the Superintendent's office by October 1 of the school year for which the teacher is employed. Application for class advancement on the salary schedule must be completed and filed in the Superintendent's office before a contract addendum is prepared.
Effective January 1, 2014 and not retroactive, course work for advancement on the District salary schedule may consist of upper- or lower-division or graduate work in an accredited institution or District-sponsored courses or workshops/professional training with duration of at least one (1) hour. (For coursework taken prior to January 1, 2014, a minimum of a three [3] hour course is required) including those offered through the Career Ladder Professional Growth Academy. However, only if such work contributes directly to the staff member's proficiency in the classroom or promotes professional growth.
● Courses taken to remove deficiencies in qualifying a staff member for the first regular* Arizona certificate, or for the renewal of certificates that have lapsed, may not be accepted for advancement on the salary schedule.
* (Regular, in this instance, excludes certificates classified as temporary, provisional, and the like.)
● Units taken beyond the master's degree for advancement to Class VI, VII, VIII, or IX must be at least forty percent (40%) accredited college/university graduate units. Sixty percent (60%) may be a combination of credits as described above accredited college/university undergraduate.
● All units taken through the Career Ladder Professional Growth Academy will be considered graduate units.
● The District Professional Growth Committee is authorized to offer a Master's Equivalency to Flagstaff Unified School District (FUSD) employees.
Masters Equivalency Guidelines
Credit Hours: Employees who are applying for a Master's Equivalency must first have been placed on the BA plus 40/MA column on the current salary schedule. Additionally, fifteen (15) credit hours must have been earned after the date of initial placement. However, if an employee had more than forty (40) credit hours at the time of initial placement on the BA plus 40/MA column, the unused hours (remaining hours) may be applied toward the fifteen (15) credit hours required for the Master's Equivalency provided that the hours submitted satisfy the forty percent (40%) graduate/sixty percent (60%) undergraduate ratio. Credit hours are accepted from accredited universities and forty percent (40%) of the university credit hours submitted for the Master's Equivalency must be graduate level. Credits awarded through the FUSD Professional Growth Academy (fifteen [15] seat hours equals one [1] credit hour) are also acceptable in the application. Neither university credits nor Professional Growth Academy credits shall be subject to an expiration date, regardless of when they were taken.
Once an employee has made a lane change to the MA plus 15 column, any remaining credit that was not applied to the lane change is not eligible for further advancement (lane change) on the salary schedule. Employees must earn the proper number of additional hours after the date of initial placement on the MA plus fifteen (15) to advance any further on the salary schedule.
Example: An employee has a baccalaureate degree and sixty (60) credit hours earned after the awarding of the degree. The employee is placed on column V (BA plus forty (40)/MA) of the salary schedule. Only forty (40) credit hours of the sixty (60) credit hours are used for the placement. The employee then applies for the Master's Equivalency. The remaining twenty (20) credit hours may be used to advance to column VI (MA plus fifteen [15]). In this example the remaining credit hours satisfy the forty percent (40%) graduate/sixty percent (60%) ratio. However, now that the employee has made the advancement through the Master's Equivalency, the remaining five (5) credit hours may not be used for further advancement on the salary schedule. Any further advancement by this employee must be through entirely new credit hours earned after the initial placement on column VI (MA plus fifteen [15]).
Relationship of Credit Hours: All credit hours submitted for the Master's Equivalency should be related to the classroom and /or profession and /or the Arizona Teaching Standards. The applicant must submit a paragraph relating each course to the classroom, profession, or Arizona Teaching Standards or submit the course syllabus and highlight the course objectives that satisfy the relationship criterion.
Advancement on the Salary Schedule: The awarding of a certificate of Master's Equivalency shall be an internal award, which is confined to FUSD salary purposes only. This award shall allow the applicant to make a lateral move on the salary schedule to the MA plus fifteen (15) column only. Those persons currently on a BA plus forty (40)/MA column need to have at least an additional fifteen (15) credit hours, which meet the forty percent (40%) graduate/sixty percent (60%) undergraduate ratio, to apply for the Master's Equivalency. The first year that this move may be awarded is the 2005-06 School Year. Any further advancement on the FUSD Salary Schedule is the sole responsibility of the applicant. Advancement beyond the MA plus fifteen (15) column shall be of entirely new credit hours. Applicants must notify FUSD Human Resources Department of their intent to apply for the Master's Equivalency by October 30, 2004, for the first year of the inception of the Master's Equivalency. Thereafter, starting with the 2005-06 school year (SY), applicants must notify Human Resources of their intent to apply for the Master's Equivalency by March 1 previous to the school year in which the Master's Equivalency is to be effective. Forms for the Master's Equivalency may be obtained through the Human Resources Department or at each site.
* The forty percent (40%) through sixty percent (60%) rule will be implemented as follows:
|
● No unit of work past the master's degree will be acceptable with a grade of less than C or equivalent, and the grade average of units taken for advancement to Class VI, VII, VIII, or IX must be at least a B or equivalent.
● Units to be taken to advance on the salary schedule must be submitted to the Committee on District form number 10A. Staff members who take units that have not been given prior approval by the Committee may jeopardize their attempt to advance on the salary schedule.
● Committee recommendations are forwarded to the Governing Board for final action. The Board makes the final decisions, and staff members will be notified as to whether their requests have been approved or denied.
● Effective January 1, 1993, teachers may receive professional growth credit for ECI 593 (Block Program), in accordance with the policy rules and regulations, not more than two (2) times. The first time that credit is sought it will be handled in a routine request manner. The second time that credit is sought a letter of justification must accompany the request and the request must be made prior to taking the class. The justification letter must include how the course content will change from the course content of the previous course for which credit was given.
● Certificated staff members who take adult course work from the Arizona School for the Deaf and Blind shall receive in-service training credit based upon guidelines for District-sponsored courses and workshops.
● Course work taken from a university in a foreign country must be submitted to a private company for evaluation of equivalency of foreign credit hours to US credit hours, unless this can be determined from the transcripts (the Federal Department of Education no longer evaluates foreign credit). The staff member is responsible for requesting and paying for this evaluation and then is required to submit it to the Committee for approval.
● Continuing education units from accredited institutions. Credit shall be awarded at the rate of one quarter (1/4) credit for each three (3) hours of seat time, awarded in increments of only one quarter (1/4), one-half (1/2), three-quarters (3/4), or one (1) credit or multiples thereof.
● All District-required courses and/or District-offered courses shall be honored for advancement on the salary schedule.
● Workshops/professional training must be offered for credit by an accredited institution or accepted by any state department of education within the United States. Accredited shall mean that an institution or program must have full accreditation or candidacy (preaccreditation) status granted by an accrediting body recognized by the U.S. Department of Education or the Council on Postsecondary Accreditation, a nongovernmental organization concerned with accrediting standards and practices. If the participant chooses to take the workshop but not obtain college credit, he must provide the Professional Growth Committee with an affidavit from the instructor that states that all requirements for credit have been fulfilled with the exception of tuition.
● Workshops/professional training offered by private institutions that are not accredited or accepted by the Department of Education may be granted prior approval on a case-by-case evaluation by the certificated professional growth committee. These are considered undergraduate hours. If the committee is not familiar with the nature of the workshop/professional training or the institution providing the training, the applicant may be required to submit a letter in addition to Form #10 (Request for Course Approval form) stating the following:
■ How the workshops will help the applicant in the classroom or profession.
■ Information on the workshop.
■ Credentials of the sponsoring organization.
■ Instructor's credentials.
■ Certificate or letter of successful completion signed by the instructor, with contact hours verified.
● It is strongly recommended that the applicant attend the professional growth committee meeting when the application is reviewed. The applicant may be required to attend the next meeting to offer additional information.
● School Nurses:
■ Most, if not all, continuing education units (CEU) professional training/workshops are offered in one-forth (1/4) hour increments which are accrued by the issuing agency/provider and credited at the rate of sixty (60) minutes equals one (1) credit. Given this configuration, Flagstaff Unified School District (FUSD) school nurses shall receive 0.084 professional growth credits for every one (1) hour of CEU credit awarded by an accredited provider of continuing nursing education. This is the same ratio of credit awarded to certificated teachers (three [3] hours equals one-forth [.25] credits) for professional growth movement on the FUSD salary scale.
■ Credits earned in this manner shall be undergraduate credit unless designated graduate by the issuing institution.
■ This shall be effective July 1, 2008.
Travel/Work Experience Credit
One (1) hour of credit will be granted for two (2) weeks (minimum) travel that is not taken for university credit but contributes directly to the professional growth of a staff member, to be used for advancement on the salary schedule. An itinerary and prior approval are required.
Vocational education teachers must apply to the vocational education supervisor (and subsequently the Committee) for work experience credit for summer work experience relating to their teaching area. Credit will be granted only for work experience that is unpaid and supervised. Credit will be granted at a rate of one (1) hour of credit per twelve (12) clock hours of work; twelve (12) credit hours maximum per summer. A letter of verification from the on-the-job supervisor as to the number of hours worked must accompany their request for District approval.
Substitutes
Pay for substitute teaching will be established by the Board.
EXHIBIT
PROFESSIONAL / SUPPORT STAFF
LEAVES OF ABSENCE WITHOUT PAY
MILITARY FAMILY LEAVE
The The National Defense Authorization Act for FY 2008 (NDAA), Public Law 110-181, Section 585(a), amended the Family and Medical Leave Act of 1993 (FMLA) to provide eligible employees working for covered employers two (2) important new leave rights related to military service:
(1) New Qualifying Reason for Leave. Eligible employees are entitled to up to twelve (12) weeks of leave because of "any qualifying exigency" arising out of the fact that the spouse, son, daughter, or parent of the employee is on active duty, or has been notified of an impending call to active duty status, in support of a contingency operation. By the terms of the statute, this provision requires the Secretary of Labor to issue regulations defining "any qualifying exigency." In the interim, employers are encouraged to provide this type of leave to qualifying employees.
(2) New Leave Entitlement. An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember who is recovering from a serious illness or injury sustained in the line of duty on active duty is entitled to up to twenty-six (26) weeks of leave in a single twelve (12)-month period to care for the servicemember. This provision became effective immediately upon enactment. This military caregiver leave is available during "a single twelve (12)-month period" during which an eligible employee is entitled to a combined total of twenty-six (26) weeks of all types of FMLA leave.
Additional information on the amendments and a version of Title I of the FMLA with the new statutory language incorporated are available on the FMLA amendments Web site at http://www.dol.gov/esa/whd/fmla/ NDAA_fmla.htm.
A Spanish translation of this form may be downloaded
at http://www.dol.gov/whd/fmla/index.htm
REGULATION
PROFESSIONAL STAFF
SALARY SCHEDULES
Schedule of Salaries
Placement on the salary schedule: Each teacher shall receive a salary based on training and experience as of October 1 of the year of employment in accordance with the provisions set forth in this schedule. No provisions contained in this agreement concerning placement on the salary schedule shall be applied retroactively.
Step movement: A staff member, except for previous teaching experience or military service, shall be advanced through the vertical steps of the salary schedule at the rate of one (1) step per year of service to the District, subject to satisfactory teaching performance as defined under Teacher Observation and Evaluation in this section. If any conditions preclude advancement in any given year, rights to advancement are forfeited and shall not be granted retroactively.
Credit for military service:
● Beginning with the 1995-96 school year - not retroactive. Prior military service concluding with honorable discharge shall be credited on the basis of one-half (1/2) year's credit for each full year served with the military. Beginning with the 1999-2000 school year, should the total number of years of credit end in a half (1/2) year, the number of half (1/2) years of credit shall be rounded up to the next whole step. Credit for such service shall not exceed two and one-half (2 1/2) steps, rounded up to three (3), for five (5) years of experience.
Credit for teaching experience:
● Beginning with the 1995-96 school year - not retroactive. Prior certificated teaching experience shall be evaluated and awarded on the basis of one-half (1/2) year's credit for each allowable year of full-time service in other public school districts. Credit for such service experience shall not exceed a total of five (5) steps for ten (10) years of previous allowable certificated school experience; i.e., placed on step 5.0 of the salary schedule. Beginning with the 1999-2000 school year, should the total number of years of credit end in a half year, the number of credited years shall be rounded up to the next whole step. For example, a person with five (5) years prior certificated teaching experience divided by half equals two and one-half (2 1/2) years that would be rounded to three (3).
● The combination of allowable military/teaching experience will be given maximum credit for ten (10) years; i.e., placed on step 5.0 of the salary schedule.
● Credit will be awarded only for increments of a full year or full-year equivalents. Initial placement on the salary schedule shall follow the above standards in all cases for teachers as defined in Policy H-100 H*(1) Article 1, Definitions of terms contained in Agreement1.1 Definitions H.
The Board recognizes the fact that its employees have citizenship responsibilities, and, in order to make it possible for said employees to carry out their responsibilities to the city, county, state, or nation, the Board will grant leaves, in addition to jury duty, when an employee is called to attend field training services for the Military Reserve or National Guard and when an employee is a victim of a juvenile or adult crime exercising a right to be present at a proceeding as defined in statute.
When an employee receives notice that requires leave as delineated above, it is the responsibility of the employee to notify the Superintendent or principal.
Jury Duty
It is recognized by the Board that no employee is exempt from jury duty and that leaves of absence for such duty must be granted.
● Only A. Only the regular salary may be received by an employee on jury duty.
■ It 1. It is the responsibility of the employee to reimburse the District for jury duty pay when such payment is made payment is made directly to the employee. Failure to reimburse the District at the completion of the jury duty service duty service will result in a full deduction equal to the number of contract days missed.
■ An 2. An employee excused from jury duty after being summoned shall report for regular duty as soon as possibleas possible. Failure to report for duty will result in a deduction equal to that portion of a contract day missed day missed [A.R.S. 21-236].
Victim Leave
Statute provides that an employer who has fifty (50) or more employees shall permit an employee leave if the employee is the victim of juvenile or adult crime and is exercising a right to be present at a proceeding as defined in A.R.S. 8-420 or 13-4439. Compensation may be provided if the employee has available vacation or to the extent other leave may be available by policy.
● An A. An employee's accrued vacation, personal, sick or other applicable leave shall be used to the extent available by available by policy.
● If B. If paid leave is unavailable, the employee must request an unpaid leave of absence in accord with policy.
● Before C. Before an employee may leave work for this purpose, the employee shall provide the employer with a copy of copy of the form provided by law enforcement and if applicable a copy of the information the law enforcement agency enforcement agency provides the employee pursuant to either A.R.S. 8-386 or 13-4405.
● Leave D. Leave for this purpose may be limited if the leave creates an undue hardship to the employer's business.
Military Leave:
● An A. An employee who is a member of the Military Reserve or National Guard shall be entitled to leave of absence without absence without loss of pay, time, or efficiency rating when engaged in field training [A.R.S. 26-168 and 38-610].
● An B. An employee who is a member of the uniformed service may use any vacation leave or other accumulated paid accumulated paid time off during their service, or may take unpaid leave of absence.
● The C. The District must reemploy uniformed service members, as defined in 38 U.S.C. 4303, returning from a period of period of service, if the service member:
■ Was 1. Was employed by the District.
■ Gave 2. Gave the District notice that he or she was leaving the job for service in the uniformed services, unless giving unless giving notice was precluded by military necessity or otherwise impossible or unreasonable.
■ Has 3. Has a cumulative period of service in the uniformed services not exceeding five (5) years.
■ Was 4. Was not released from service under dishonorable or other punitive conditions.
■ Has 5. Has reported back to the District in a timely manner or has submitted a timely application for reemployment in accordance with the Uniformed Services Employment and Reemployment Rights Act.
Adopted: December 11, 2012date of Manual adoption
LEGAL REF.:
A.R.S.
8-386
8-420
13-4405
15-502
16-402
21-236
26-168
38-610
A.G.O.
I80-177
38 -610
38 U.S.C. 4301 et seq., Uniformed Services Employment and Reemployment
Rights Act
EXHIBIT
PROFESSIONAL / SUPPORT STAFF
MILITARY / LEGAL LEAVE
Part 200 - Regulations Under the Uniformed Services
Employment and Reemployment Rights Act of 1994
(Appendix to Part 1002 -
Your Rights Under USERRA)
The Uniformed Services Employment
and Reemployment Rights Act
USERRA protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service or certain types of service in the National Disaster Medical System.
USERRA also prohibits employers from discriminating against past and present
membersmembers of the uniformed services, and applicants to the uniformed services.
Reemployment RightsReemployment Rights
YouYour have the right to be reemployed in your civilian job if you leave that job to perform service in the uniformed service and
:;
● youA. you ensure that your employer receives advance written or verbal notice of your service;
● youB. you have five years or less of cumulative service in the uniformed services while with that particular employer;
● youC. you return to work or apply for reemployment in a timely manner after conclusion of service; and
● youD. you have not been separated from service with a disqualifying discharge or under other than
honorable conditionshonorable conditions.
If you are eligible to be reemployed, you must be restored to
thethe job and benefits you would have attained if you had not been absent due to military service or, in some cases, a comparable job.
Right to be Free from Discrimination and
Right to be Free from Discrimination
and Retaliation
If you:
● areA. are a past or present member of the uniformed service;
● haveB. have applied for membership in the uniformed service; or
● areC. are obligated to serve in the uniformed service;
then an employer may not deny you:
● initialA. initial employment;
● reemploymentB. reemployment;
● retentionC. retention in employment;
● promotionD. promotion; or
● any benefit of employmentE. any benefit of employment;
Becausebecause of this status.
In addition, an employer may not retaliate against anyone
assistingassisting in the enforcement of USERRA rights, including testifying or making a statement in connection with a proceeding under USERRA, even if that person has no service connection.
Health InsuranceHealth Insurance Protection
● ?If:
A. If you leave your job to perform military service, you have the right to elect to continue your
existing employerexisting employer-based health plan coverage for you and your dependents for up to
24 months whiletwenty-four (24) months while in the military.
● EvenB. Even if you don't elect to continue coverage during your military service, you have the right to be
reinstated inreinstated in your employer's health plan when you are reemployed, generally without any waiting periods or
exclusionsexclusions (e.g., pre-existing condition exclusions) except for service-connected illnesses or injuries.
Enforcement:
● TheA. The U.S. Department of Labor, Veterans Employment and Training Service (VETS) is authorized
to investigateto investigate and resolve complaints of USERRA violations.
● ForB. For assistance in filing a complaint, or for any other information on USERRA, contact VETS
atat 1-866-4-USA-DOL or visit its website
atat http://www.dol.gov/vets.
AnAn interactive online
USERRA AdvisorUSERRA Advisor can be viewed
atat http://www.dol.gov/elaws/ userra.htm.
● IfC. If you file a complaint with VETS and VETS is unable to resolve it, you may request that your
casecase be referred to the Department of Justice for representation.
● YouD. You may also bypass the VETS process and bring a civil action against an employer for violations
of USERRAof USERRA.
The rights listed here may vary depending on the circumstances.
ThisThis notice was prepared by VETS, and may be viewed on the
internetInternet at this address:
httphttp://www.dol.gov/vets/programs/userra/ poster.htm
.
Federal law requires employers to notify employees of their rights under USERRA, and employers may meet this requirement by displaying this notice where they customarily place notices for employees.
UU.S. Department of Labor, Veterans
Employment and Training Service
Employment and Training Service
Washington, DC 20210
1-866-487-2365
REGULATION
PROFESSIONAL STAFF
FRINGE BENEFITS
(Teachers)
Employee Assistance Program
The Board, aware that staff members often face personal problems that can not be handled alone, recognizes that behavioral and/or medical problems can greatly affect staff members' effectiveness in their professional responsibilities.
The following objectives will apply to the establishment of any program proposed for staff members:
● To motivate employees to seek help before personal problems reach severe or chronic stages.
● To retain valued employees.
● To restore employee productivity and enable them to lead meaningful and happy lives.
● To assist employees in seeking help in a highly confidential manner.
Athletic Passes
Passes to District-sponsored athletic events shall be issued to all employees on a yearly basis. Athletic passes shall be limited to the employee and one (1) guest. The pass shall be nontransferable. Athletic passes shall not be honored for District athletic events conducted upon the campus of Northern Arizona University.
Professional development is defined as those conferences, visitation, workshops, and the like mutually agreed upon by principals/supervisors and professional staff as needed to enhance the education of the children being served and meet the goals of the DistrictTo attend meetings or conferences, employees must obtain approval from the administration at least twenty (20) days prior to the meeting or conference dates (whenever such prior request is possible).
The following guides will be used in granting released time and/or travel expense:
● Value A. Value of the meeting or conference.
● Funds B. Funds available in the appropriate budgets.
● Availability C. Availability of a substitute, if one is necessary.
A per diem subsistence allowance, and/or mileage, for private automobiles may be paid as provided in state law or Board policies. The necessary forms and instructions for filing travel claims are available at administrative offices.
Professional growth towards salary advancement will not be awarded if the employee uses professional leave to attend professional development activities.
Reporting Off Work
A staff member using professional development leave shall file a Leave Request and report off using the District's substitute management system at least ten (10) days in advance of the leave.
Any employee who can be shown to have willfully violated or misused the District's leave policy or misrepresented any statement or condition will be subject to discipline, which may include but is not limited to reprimand, suspension and/or dismissalWith prior approval, expenses associated with authorized employee attendance at meetings and conferences may be eligible for compensation in accordance with District Policy DKC. Staff member travel and expense for participation in student field trips and excursions shall be in accordance with District Policy IJOA.
Employee absences for attendance at or participation in professional association activities are not eligible for compensation under the employee's contract or work agreement. The District may authorize an employee to take other eligible unused accumulated compensated leave for a personal, professional, or other lawful purpose.
For the purpose of this policy, professional association activities for which compensation is not available do not include in-service training in the certificated employee's assigned area of employment.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-510504
38-621
CROSS REF.:
GCB - Professional Staff Contracts and Compensation
GCC - Professional/Support Staff Leaves of Absence
GDB - Support Staff Contracts and Compensation
IJOA - Field Trips
REGULATION
PROFESSIONAL STAFF
FRINGE BENEFITS
(Administrative Staff)
Professional liability: The Board agrees that it shall defend, hold harmless, and indemnify District administrators from any and all demands, claims, suits, actions, and legal proceedings brought against them in their individual or official capacity as agent of the District, provided such incident arises while the administrator is acting within the scope of employment and excluding criminal litigation and as such liability coverage is within the authority of the Governing Board to provide under state law; except that in no case will individual Board members be considered personally liable for indemnifying administrators against such demands, claims, suits, actions, and legal proceedings.
Employee Assistance Program
The Board, aware that staff members often face personal problems that can not be handled alone, recognizes that behavioral and/or medical problems can greatly affect staff members' effectiveness in their professional responsibilities.
The following objectives will apply to the establishment of any program proposed for staff members:
● To motivate employees to seek help before personal problems reach severe or chronic stages.
● To retain valued employees.
● To restore employee productivity and enable them to lead meaningful and happy lives.
● To assist employees in seeking help in a highly confidential manner.
Athletic Passes
Passes to District-sponsored athletic events shall be issued to all employees on a yearly basis. Athletic passes shall be limited to the employee and one (1) guest. The pass shall be nontransferable. Athletic passes shall not be honored for District athletic events conducted upon the campus of Northern Arizona University.
Sabbatical leave may be granted by the Governing Board to certificated teaching and administrative personnel for a maximum of one (1) year when conforming to Arizona Revised StatutesStatute, 15-510.
● Sabbatical leave of absence may be granted only for the purposes of continuing professional education.
● Sabbatical leave may not exceed a period of one (1) year and may only be granted to a certificated teacher or an administrator who has been employed by the School District for a period of seven (7) consecutive years immediately prior to the time the sabbatical leave of absence is to commence, and who has not previously been granted a sabbatical leave of absence by the Governing Board.
● The Governing Board may authorize a salary to be paid to the person to whom sabbatical leave is granted not to exceed one-half (1/2) of the salary then received by the employee.
● The salary shall be paid to such person upon the condition that the employee shall return not later than one (1) year after commencement of the sabbatical leave for renewal of employment for at least one (1) school year, and unless the employee returns within such period, the employee shall repay to the School District the amount paid to the employee during the leave period, and, unless such amount is so paid, the Governing Board shall direct the county attorney to institute suit against such person to collect such amount.
● Application for sabbatical leave must be received by March 15 of the year prior to the sabbatical leave.
If leave is granted, all rights prescribed in A.R.S. 15-538.01, 15-539 through 15-544, and 15-547 for certificated teachers who have been employed by the School District for more than the major portion of three (3) consecutive school years and all rights of retirement, accrued leave with pay, salary increments, and other benefits provided by law shall be preserved and available to the employee after the termination of the leave of absence.
Adopted: date of manual Application for sabbatical leave must be received by March 15. It will be considered within the framework of all applicable law, on the basis of improvement of professional preparation and/or the educational program of the District, current assignment of the individual, value of the leave to the District, and funds that are available.
An employee's sabbatical leave will be governed by applicable Arizona Revised Statutes.
Adopted: date of Manual adoption
LEGAL REF.:
A.R.S.
15-510
A.G.O.
I81-053
(Accumulated Leave Assistance Program)
An employee who has depleted accumulated leave, or has a family member with a serious illness/injury, or requires bereavement leave, may request access to the accumulated leave assistance program. The employee must complete the "Accumulated Leave Assistance Request Form" and the "Verification of Serious Illness or Injury Form" and forward to the Director of Human Resources, asking to receive donations of accumulated leave from other employees so as to receive income during the period of serious illness/injury. The "Verification of Serious Illness or Injury Form" will not be required for bereavement leave.
An employee who qualifies for assistance as stated above may also request coverage for a specified number of days for intermittent treatment that is necessitated as a result of the qualifying serious illness or injury.
The donor employee must have thirty (30) or more days of accumulated leave in order to donate accumulated leave, and the donor employee may donate no more than five (5) days of accumulated leave in any contract year. The donor employee will use the "Accumulated Leave Donation Form" to designate the donation on behalf of the employee to receive the donation.
Information regarding a donation shall be considered confidential and shall be communicated by District employees only on a need-to-know basis. An employee will have the option of donating accumulated leave without the receiving employee being knowledgeable of the donor's name.
Except as stipulated below, all donated leave becomes the permanent property of the receiving employee unless said employee is released to return to work earlier than originally stated by the employee's physician and has a balance in excess of ten (10) donated days. Days of leave - not the actual wage of the donor employee - will be donated. Donations will not be allowed to be made to an employee's immediate supervisor or evaluator. No employee shall be eligible for the accumulated leave assistance program after having qualified for long-term disability coverage. Donated days in excess of ten (10) days shall be returned to the donor employees. Donated days will be returned to the donor employee based on the date it was received in the Human Resources Department. Donated days will be used in the order they are received in the Human Resources Department.
Once approved, accumulated leave shall be used in the following order:
● The employee's accumulated leave.
● Donated leave.
● Extended accumulated leave (sub dock), if applicable.
● Full dock.
"Accumulated Leave Donation Forms" shall be available at all work sites. Notification that an employee is eligible for donations shall, at the employee's request, be posted at all work sites for no fewer than fifteen (15) work days.
The employee may donate days of leave to support staff members. For a full-time equivalence (1.00 FTE), one (1) day shall be equal to eight (8) hours. For less than a full-time equivalence, one (1) day shall be prorated based on the number of hours taught rounded to the nearest hour.
Adopted: July 11, 2007The District recognizes the existence of circumstances under which non-job-related, seriously incapacitating, and extended illnesses and injury may exhaust accrued leave of certificated employees. To provide some measure of relief in such situations, a limited mechanism, based upon voluntary transfer of accrued leave, is established. The mechanism will be termed banked sick leave, or a sick leave bank. It is considered of benefit to the District to establish this mechanism because it will reduce the annual accrued sick leave and promote efficiency by ensuring constant service.
Limits:
A. The value of banked sick leave will be limited to the equivalent of the number of contract days multiplied by the daily base salary of a teacher with a baccalaureate degree and no experience, or less, depending on contributions.
B. No employee shall be entitled to receive banked sick leave by reason of contribution or employment.
C. Each approved applicant is limited to the one (1)-time use of no more than one hundred (100) consecutive days of the available limited sick leave from the sick leave bank in any school year.
D. Additional leave will not be earned/accrued during use of banked sick leave.
E. All unused banked sick leave will expire at the end of each contract year.
Voluntary contributions:
A. Certificated staff members may voluntarily contribute a maximum of ___ days of earned/accrued sick leave to the sick leave bank annually. Such contribution must be from the current year's sick leave earned/accrued, the value of which will be determined by the number of days multiplied by the daily base teacher salary.
B. Each certificated staff member contributing leave to the sick leave bank must acknowledge an uncoerced, voluntary release of the leave, the value it represents, and that it will not be returned but will expire at the end of the contract year in which it is contributed.
C. In case of contributions exceeding the value of the sick leave bank limit, each contribution will be accepted on a first-come, first-served basis by date of signature.
Eligibility (for use of sick leave bank). The approved applicant shall:
A. Be a full-time teaching employee.
B. Have a non-job-related, seriously incapacitating, and extended illness or injury.
C. Have exhausted all earned/accrued leave of any nature or kind.
D. Be presently on unpaid leave status with the District.
E. Not be eligible for disability benefits, including but not limited to Social Security, provided at District expense.
F. Be one whose return to duty is projected to occur within a period no longer than six (6) months.
Determining eligibility:
The Superintendent shall receive the applications and shall screen for and determine eligibility.
No continuing rights are established by this policy. In compliance with established procedure, the Governing Board reserves the right to modify or rescind any policy in accord with its own guidelines.
Adopted: date of Manual adoption
LEGAL REF.:
A.G.O.
I91-027
REGULATION
PROFESSIONAL STAFF VOLUNTARY
TRANSFER OF ACCRUED SICK LEAVE
(Medical Leave Assistance Program)
An employee who has depleted all accumulated sick and personal leave and has a serious illness/injury may ask to receive donations of sick leave from other employees through the medical leave assistance program in order that the ill/injured employee may avoid loss of salary during the period of serious illness or injury.
The request shall be made through the following procedure:
● The employee shall complete a "Medical Leave Assistance Request Form" and submit it, along with a completed "Verification of Serious Illness or Injury Form," to the director of personnel. A serious illness/injury shall require a physician's verification and must require more than ten (10) work days' absence for the same illness/injury within the school year.
● If indicated by the employee on the "Medical Leave Assistance Request Form," the director of personnel or designee shall post in appropriate locations throughout the District the "Medical Leave Assistance Program Information Notice."
● Any employee wanting to make a donation must designate the donation on behalf of the employee to receive the donation on a "Sick Leave Donation Form" obtained from the personnel office.
● The donor employee must submit the "Sick Leave Donation Form" to the director of personnel no later than fifteen (15) working days from the date the informational notice is issued.
● The director or designee shall either approve or disapprove each donation. If more days are donated than are approved on the request form, the director shall hold the donation until it becomes known that the employee does not need more days to cover the illness/injury. Donated days in excess of ten (10) days shall be returned to the donor employees on a prorated basis in proportion to the number of days donated, rounded to the nearest one-half (1/2) day.
● The director of personnel shall notify donating employees whether their donations have been approved or disapproved.
Limitations on donation:
● The employee must make any donation voluntarily.
● The donor employee must have thirty (30) or more days of accumulated leave.
● A donor employee may donate no more than five (5) days of sick leave in any contract year.
Application)
The application must be in writing.
The application must be supported by a physician's letter confirming the conditions required for receipt of sick-leave bank assistance.
Data in the application shall include the nature of the illness, diagnosis, and prognosis for return to duty.
The application shall be received by the District office within ten (10) days following the applicant beginning unpaid leave status.
REGULATION
PROFESSIONAL STAFF LEAVE
Leave Incentive Program
Purpose: This program is designed to decrease the usage of substitute positions in the School District. This is accomplished by incentivizing employees in positions that require a substitute to not call off during regular work days.
Eligibility:
● The position must be eligible to accrue or receive leave per Board policy or contract.
● The position must be in a role requiring a substitute for when they are out for the day. For example, a classroom teacher. Human resources will maintain a list of eligible positions.
● Only leave hours accrued or allotted during the current contract or school year can be considered. Previously banked or rolled over leave hours are not considered. Vacation hours, or any other paid time off amounts are not part of the incentive program.
Program Details:
● After the last contract day of the school year, each eligible position can request to have fifty percent (50%) of their unused annual leave accrual paid out via their existing payroll agreement (i.e., live check or direct deposit to established account). The remainder is placed into their leave bank.
● Requests will be made via an online request process. The request process closes on June 15.
● Payroll will process the payout amounts by the last pay-date in June and take the appropriate payroll deductions from the gross amount.
● If a request is not received: The days are automatically placed into the leave bank and rolled over to the next year per District policy. These days are not eligible for the payout program.
Payout Process:
● For every two (2) days remaining in the current year bank, the potential payout is fifty dollars ($50) per full day.
● The payout request can only be for fifty percent (50%) of total available balance accrued for the previous twelve (12) months in whole days. Partial days (less than six [6] hours) are not considered.
● Days in the employee's previous year leave bank are not considered.
● Days are rounded down for payout purposes: Nine (9) leave days are eligible for a payout of four (4) days, not five (5).
● The payout amount per requested day is fifty dollars ($50).
● Payouts of less than three (3) days will not be issued (less than one hundred fifty dollars [$150]).
● Any unused days will roll over to the following year.
● If the employee has any existing monies due to the District, that amount will be deducted from their payout amount.
Scenarios:
● Example 1: Employee is given ten (10) leave days upon hire and does not use any days. The employee can request to receive payment for five (5) of those days. $50 x 5 = $250 (less taxes) at the end of the school year. The remaining five (5) days are placed into their roll-over bank.
● Example 2: Employee is given ten (10) leave days upon hire and uses two (2) days throughout the year. The employee can request to receive payment for four (4) of those days. $50 x 4 = $200 (less taxes) at the end of the school year. The remaining four (4) days are placed into their roll-over bank.
● Example 3: The employee is given ten (10) days and uses ten (10) days. No payout and no additional roll-over days to their leave bank.
● Example 4: The employee is given ten (10) leave days. The employee uses fifteen (15) days. No payout and their roll-over bank is reduced by five (5) days.
● Example 5: The employee is given ten (10) leave days. The employee uses six (6) days and has four (4) remaining. (Possible payout of two [2] days) = no payout is issued. Payout would be less than three (3) day payout minimum per chart below.
Days Remaining Eligible for Payout Amount
in June
11 5 $250
10 5 $250
9 4 $200
8 4 $200
7 3 $150
6 3 $150
5 0 $0
4 0 $0
3 0 $0
2 0 $0
1 0 $0
REGULATION
PROFESSIONAL STAFF LEAVE
Extended Accumulated Leave
The Flagstaff Unified School District Governing Board, voted to uphold the recommendation to discontinue the following language/portion of Policy GCCA regarding Extended Accumulated Leave.
"An employee taking leave for maternity purposes under the Family and Medical Leave Act (FMLA) and voluntarily uses accumulated leave and whose accumulated leave runs out shall be entitled to extended accumulated leave of up to thirty-five (35) days for continuing teachers and twenty (20) days for noncontinuing teachers, but cannot extend the leave beyond the twelve (12) weeks allowable under FMLA. The staff member will be paid the difference between their salary and sixty-five dollars ($65) per day."
Effective July 1, 2012, extended accumulated leave, will no longer be an option in the Flagstaff Unified School District.
The exception is:
● Any certificated staff person, who notifies human resources of a pending maternity/paternity, and through accepted documentation on the Certification of Physician or Practitioner form, can confirm that said condition commenced during the 2011-2012 school year, and the requesting employee qualifies for FMLA, shall be able to use the extended accumulated leave option, previously stated for certificated staff.
REGULATION
ARRANGEMENTS FOR SUBSTITUTE
STAFF MEMBERS
When utilizing the leave policies of the District, it shall be the responsibility of the teacher to notify the supervising principal, as soon as possible, of the need for a substitute teacher. In the event the principal is not available, the __________________________ may be notified.
If the teacher knows in advance that a return to duty will be assured on a certain day, the principal should be so notified in order that the substitute may be informed.
An employee may be granted, upon request to the Superintendent, up to five (5) days of leave per year, with pay with the leave days deducted from the employee's available leave, to be used in the event of death in the employee's family as defined in Policy GCCA.
Extensions of bereavement leave may be granted upon personal request to the Superintendent. If approved, all such extensions of bereavement leave shall be deducted from the employee's available accrued sick leave.
In the absence of any available accumulated sick leave, and upon request to , the Superintendent , an employee may request donated leave under the Accumulated Leave Assistance policymay approve an unpaid leave of absence for each day of extended bereavement leave used.
Adopted: July 11, 2007date of Manual adoption
LEGAL REF.:
A.R.S.
15-502
Vacations
District-level administrators: Assistant superintendents and executive directors shall be entitled to thirty (30) days of annual vacation, accumulative to a maximum of forty-five (45) days and not payable in lieu of time off.
Building-level administrators: Principals and assistant principals shall be entitled to thirty (30) days of annual vacation, which are noncumulativeTwelve (12)-month administrators earn four (4) weeks of vacation, which shall be taken when school is not in session. Vacation may accumulate to a maximum of _____ days, at which time no more vacation can be earned. As accumulated vacation days are used and drop below _____ days, an eligible employee may again accumulate vacation up to the maximum limit. If workloads disallow vacations as established, the Superintendent may approve vacation days during the school year.
Holidays
When July 4, Veterans Day, December 25, or Thanksgiving Day occurs within the school week, the schools shall be closed and the compensation of the teachers shall not be diminished on that account. The Governing Board may declare a recess during the Christmas holiday season not to exceed two (2) school weeks, and teachers shall receive compensation during the recess.
Other holidays will be established by the Board and noted on each year's school calendar.
Adopted: date of
manualManual adoption
It shall be the policy of the District to employ and retain the best qualified personnel. This will be accomplished by giving careful consideration to qualifications and by providing competitive salary schedules within the financial capability of the District, adequate facilities, and good working conditions.
The Board has the legal responsibility of approving the employment of all employees. While this responsibility cannot be waived, the Board assigns to the Superintendent the process of recruiting staff members. In carrying out this responsibility, the Superintendent may involve other staff members as needed. All personnel selected for employment must be recommended by the Superintendent and approved by the Board. The Board adopts the following general criteria, which shall be utilized in the selection process for initial employment:
● There A. There will be no discrimination in the hiring process due to race, color, religion, sex, sexual orientation, age, national origin, or disability or disability of an otherwise qualified individual.
● Candidates B. Candidates for professional positions shall be qualified for and have the training necessary to perform the instructional the instructional duties or functions for which they have applied.
● Each C. Each candidate shall provide evidence of meeting state requirements for certification.
● Each D. Each candidate shall be requested to complete a consent-and-release form regarding conduct of a background a background investigation.
● A E. A "background investigation" - consisting of communication with the applicant's (or employee's) former employer former employer that concerns education, training, experience, qualifications, and job performance for the purpose of purpose of evaluation for employment - shall be conducted on each individual to be considered for a recommendation of recommendation of employment. Forms developed for this purpose are to be used.
Any employee's misstatement of fact that is material to qualifications for employment or the determination of salary shall be considered by the Board to constitute grounds for dismissal.
Before employment, schools or school districts shall verify the certification and fingerprint status of applicants who apply for school or school district positions that require certification.
Should the need arise to employ a teacher who meets the requirements for a conditional certificate before an applicant has obtained the appropriate valid fingerprint clearance card, the District may assist in obtaining the conditional certificate, and employ the teacher, by meeting all of the following conditions:
● The A. The District verifies in writing on a form provided by the Arizona Department of Education (ADE) the the necessity for for hiring and placing the applicant into service before a fingerprinting check is completed.
● The B. The District obtains from the Department of Public Safety a statewide state-wide criminal records check on the applicantthe applicant. Subsequent criminal records checks must be completed every one hundred twenty (120) days days until a permanent certificate is received.
● The C. The District searches the criminal records of all local jurisdictions outside Arizona where the applicant has lived applicant has lived in the previous five (5) years.
● The D. The District obtains references from the applicant's current employer and two (2) most recent previous employersprevious employers, except that for applicants who have been employed for at least five (5) years by the most recent most recent employer, only references from that employer are required.
● The E. The District provides general supervision of the applicant until permanent certification is issued by ADE.
Upon recommendation for employment the District shall confirm employment authorization and employment eligibility verification by participating in the E-Verify program of the Department of Homeland Security's (DHS) U.S. Citizenship and Immigration Services Bureau (USCIS) and the Social Security Administration (SSA). The District will then complete the Form I-9 as required and maintain the form with copies of the necessary documents and documentation of the authorization and verification pending any inquiry.
The Superintendent of Public Instruction may also impose any additional conditions or restrictions deemed necessary.
Any person who permits unauthorized access to criminal history record information, releases criminal history record information, or procures the release or uses criminal history record information other than in accord with A.R.S. 41-1750 is guilty of a class 6 felony.
Adopted: February 26, 2013A professional candidate's acceptance of a contract offer must be indicated within ________________ (_____) days from the date of the written contract or the offer is revoked. Written notice of the deadline date for acceptance shall be included in the contract offer or an attachment to the contract offer. The candidate accepts the contract by signing the contract and returning it to the Governing Board or by making a written instrument which accepts the terms of the contract and delivering it to the Governing Board. If the written instrument includes terms in addition to the terms of the contract offered by the Board, the candidate fails to accept the contract.
Adopted: date of Manual adoption
LEGAL REF.:
A.R.S.
13-3716
15-502
15-503
15-536
15-538.01
15-539
15-550
23-211
23-212
23-1361
38-201
38-231
38-232
38-766.01
41-1756
CROSS REF.:
GCB - Professional Staff Contracts and Compensation
GCFC - Professional Staff Certification and Credentialing Requirements
(fingerprinting requirements)
GCO - Evaluation of Professional Staff Members
REGULATION
PROFESSIONAL STAFF HIRING
Definition
A A background investigationis is defined as any communication with an applicant's (or employee's) former employer that concerns the education, training, experience, qualifications, and job performance of the individual and that is used for the purpose of evaluation for employment. Background investigation does not include the results of any state or federal criminal history records check.
Background Investigation Requirements
Only persons designated by the Superintendent shall perform background investigations. Prior to contacting former employers or other persons, the background investigator shall:
● Ascertain A. Ascertain that the standard employment application for the type of position has been completed in full.
● Obtain B. Obtain from the individual a consent to background investigation and release as determined by the District.
● Make C. Make certain that the individual has identified at least two (2) persons from each past employer who can verify can verify basic job information and discuss the individual's work performance and reason for leaving.
● Examine D. Examine the application for a complete work history, accounting for any gaps in employment.
Two (2) persons should be contacted at each past employer if possible (any exceptions should be documented). Upon making contact, the contacts or the former employer or employer's agent should be provided the following information:
● The A. The name and identifying information of the District.
● The B. The name of the District representative making the inquiry and how the representative can be contacted.
● The C. The name of the former employee and period of employment as indicated by the individual whose background is background is being investigated.
● The D. The position for which the individual has applied, with descriptive information as to the duties, if requested or necessary or necessary to understanding of the inquiry.
The background investigator shall:
● Ask A. Ask the questions, and complete the background check form(s) as provided by the District.
● Make B. Make impression notes as necessary based upon the questions and responses, and determine if there may be may be cause to contact others or make further inquiries based upon the responses.
● Provide C. Provide the information to the Superintendent.
EXHIBIT
PROFESSIONAL STAFF HIRING
CONSENT TO CONDUCT BACKGROUND
INVESTIGATION AND RELEASE
I, ______________________________________ [applicant's name], have applied for employment with the Flagstaff Unified ______________________________ School District to work as a ______________________________ [job title]. I understand that in order for the School District to determine my eligibility, qualifications, and suitability for employment, the School District will conduct a background investigation to determine if I am to be considered for an offer of employment. This investigation may include asking my current employer, any former employer, and any educational institution I have attended about my education, training, experience, qualifications, job performance, professional conduct, and evaluations, as well as confirming my dates of employment or enrollment, position(s) held, reason(s) for leaving employment, whether I could be rehired, reasons for not rehiring (if applicable), and similar information.
I hereby give my consent for any employer or educational institution to release any information requested in connection with this background investigation.
According to the Family Educational Rights and Privacy Act, I understand that I have a right to see most education records that are maintained by any educational institution.
In light of the preceding paragraph, I waive ________/do not waive ________ (initial only one [1]) my right to see any written reference or other information provided to the School District by any educational institution.
According to Arizona Revised Statutes Section 23-1361, any employer that provides a written communication to the School District regarding my current or past employment must send me a copy at my last known address. I acknowledge that some employers are unwilling to provide factual written references concerning a current or past employee unless they may do so confidentially, without revealing the references to the employee, and that the School District will not further consider my application if it cannot complete its background investigation.
In light of the preceding paragraph, I waive ________/do not waive ________ (initial only one [1]) my right to receive a copy of any written communication furnished to the School District by any employer.
Whether or not I have waived my right to see or to receive copies of written references furnished to the School District by employers or educational institutions, I release, hold harmless, and agree not to sue or file any claim of any kind against any current or former employer or educational institution, and any officer or employee of either, that in good faith furnishes written or oral references requested by this School District to complete its background investigation.
A photocopy or facsimile ("fax") copy of this form that shows my signature shall be as valid as an original.
DATED this ____________ _____ day of _____________________________, 20___.
____________________________ ____ ________________________________
Witness Witness Applicant
EXHIBIT
PROFESSIONAL STAFF HIRING
BACKGROUND CHECK FORM
Applicant __________________________________ Date __________________
Person contacted _________________________ Telephone __ Telephone ______________
Address Address ____________________________________________________________
E-mail address ______________________________________________________
Relationship to applicant:
◻ [ ] Former employer - position ________________________________________
[ ] District, business, or other entity ____________________________________ ◻
[ ] Personal reference
Method of contact: ◻ Telephone ◻ Letter ◻ Other [ ] Telephone [ ] Letter [ ] Other _________________________
QUESTIONS FOR EMPLOYERS
Dates of employment _________________________________________________
Position held _______________________________________________________
Final rate of pay _____________________________________________________
Was the person reliable? _____ _____ If If no, explain _________________________
Was the person satisfactory? _____ _ If no, explain _________________________
Any concern about the person being
late to work without authorization? ______________________________________
If yes, explain ______________________________________________________
Any concern with abuse of leave policies
(such as sick leave or personal leave)? ___________________________________
If yes, explain _______________________________________________________
Any difficulty establishing commu-
nication and rapport with children? _______________________________________
If yes, explain _______________________________________________________
Any difficulties in establishing communication and rap-
port with supervisors, parents, or community members? _______________________
If yes, explain _______________________________________________________
Did the person ever receive a written counseling
statement, letter of direction, or reprimand? ________________________________
If yes, describe ______________________________________________________
Did the District ever consider taking action or take action
to suspend, decline to renew, or dismiss the employee? _______________________
If yes, describe _____________________________________________________
Was there ever an allegation or complaint about:
Abusive language? ___________________________________________________
Insulting or derogatory comments? _______________________________________
Inappropriate contact with a child? _______________________________________
Verbal or physical contact of a sexual nature? ______________________________
Dishonesty? ________________________________________________________
Substance abuse? ___________________________________________________
Failure to provide adequate supervision? __________________________________
Failure to follow reasonable directions or instructions? ________________________
If yes on any of the above, get explanation _________________________________
__________________________________________________________________
Was the person ever involved in an incident
that resulted in injury to an adult or child? __________________________________
If yes, explain _______________________________________________________
Would you rehire this person? __________________________________________
__________________________________________________________________
Can you identify anyone else who could provide relevant infor-
mation regarding the applicant's fitness for employment? ______________________
__________________________________________________________________
Is there any other information I have not asked about that
would help us determine this person's eligibility, qualifi-
cations, and suitability for employment with our District? ______________________
__________________________________________________________________
QUESTIONS FOR PERSONAL REFERENCE
How long have you known the applicant? __________________________________
What is the nature of your relationship? ___________________________________
Why do you think the applicant would be a good choice for this position?
__________________________________________________________________
Do you know of any reasons that could prevent the ap-
plicant from fulfilling the functions of the position? ____________________________
__________________________________________________________________
Background check form completed by _____________________________________
Date completed _____________________________________________________
EXHIBIT
PROFESSIONAL STAFF HIRING
AFFIRMATION OF A RETIRED EMPLOYEE
UPON RETURN TO EMPLOYMENT
To satisfy the requirements of A.R.S. 38-766.01, and to retain my eligibility to receive retirement benefits from the Arizona State Retirement System (ASRS) following my return to employment following a qualified retirement, by my signature below I affirm my awareness and acceptance of the following provisions:
● IA. I have attained a normal retirement age as defined by the ASRS.
● IB. I am returning to greater than half (1/2) time employment not sooner than twelve (12) months following
my terminationmy termination of full time employment for the purpose of retirement.
● IfC. If I return to work as a certificated teacher, my employment is not subject to the requirements prescribed
in A andand 15-539
throughthrough 15-543.
● ID. I understand that:
■ pursuant1. pursuant to A.R.S. 38-766.01
mymy election to return to work is irrevocable for the remainder of
the employmentthe employment for which I have made this election, and
■ I2. I must make this acknowledgement in writing and file it with my employer within thirty (30) days
of returningof returning to work.
_____________________________________ __ _________________________
Signature Date
EXHIBIT
PROFESSIONAL STAFF HIRING
PROCEDURES AND PRACTICES FOR EMPLOYMENT AUTHORIZATION
AND EMPLOYMENT ELIGIBILITY VERIFICATION
Anti-Discrimination Notice. It is illegal to discriminate against any individual (other than an alien not authorized to work in the U.S.) in hiring, discharging, or recruiting or referring for a fee because of that individual's national origin or citizenship status. It is illegal to discriminate against work eligible individuals. Employers cannot specify which document(s) they will accept from an employee. The refusal to hire an individual because of a future expiration date may also constitute illegal discrimination.
Employment Authorization
Procedure
Arizona schools must use the federal government's Basic Pilot Program to verify the employment authorization of all newly hired employees.
The Department of Homeland Security's (DHS) U.S. Citizenship and Immigration Services Bureau (USCIS) and the Social Security Administration (SSA) are jointly conducting E-Verify, formerly known as the Basic Pilot. E-Verify involves verification checks of the SSA and DHS databases, using an automated system to verify the employment authorization of all newly hired employees.
There are four (4) types of access to E-Verify: As an employer, as a designated agent for employers, as a multi-location corporate administrator, or through a web service.
Users can access the web-based access methods using any Internet-capable Windows based personal computer and a web browser of Internet Explorer 5.5 or Netscape 4.7 or higher (with the exception of Netscape 7.0).
To participate, an employer must register online and accept the electronic Memorandum of Understanding (MOU) that sets forth the responsibilities of the SSA, USCIS and the employer.
The following e-mail address will allow navigation to both instructions and forms for the I-9 for verifying the identity and employment authorization of individuals hired for employment in the United States:
Form I-9 may be completed as soon as the employer has offered the individual a job and the individual has accepted the offer. Each newly hired employee must complete and sign Section 1 of Form I-9 no later than his or her first day of employment.
If you need assistance in completing the registration process or need additional information relating to E-Verify, please call the Office of Verification toll free at 1-888-464-4218.
I-9 Form Completion
The Immigration Reform and Control Act of 1986 (IRCA) requires that all new employees, both regular and casual, establish their eligibility for employment in the United States. This federal law applies to U.S. citizens as well as to foreign nationals.
The Employment Eligibility Verification (Form I-9) must be completed as follows:
Section 1. Employee Information and Attestation
Employees must complete and sign Section 1 of Form I-9 no later than the first day of employment, but not before accepting a job offer.)
Section 2. Employer or Authorized Representative Review
and Verification
Employers or their authorized representative must complete and sign Section 2 within three (3) business days of the employee's first day of employment.
(Fingerprinting Requirements)
New Hires
All certificated personnel to be hired by the District shall be fingerprinted as a condition of employment, except for personnel who, as a condition of certification are required to have a valid fingerprint clearance card.
The candidate's fingerprints shall be submitted, along with the form presented as an exhibit to this policy, immediately upon being notified of possible employment. The form shall be considered a part of the application for employment.
An expired fingerprint clearance card may be used to satisfy the fingerprint requirements of section 15-183, 15-503, 15-512, 15-534, 15-782.02, 15-1330 or 15-1881 if the person signs an affidavit stating both of the following:
A. The person submitted a completed application to the Finger Printing Division of the Department of Public Safety for a new fingerprint clearance card within ninety (90) days before the expiration date on the person's current fingerprint clearance card.
B. The person is not awaiting trial on and has not been convicted of a criminal offense that would make the person ineligible for a fingerprint clearance card.
This does not apply to a fingerprint clearance card that has been denied, suspended or revoked or to a person who has requested a good cause exception hearing.
Candidates shall certify on the prescribed notarized forms whether they are awaiting trial on or have ever been convicted of or admitted in open court or pursuant to a plea agreement committing any of the following criminal offenses in Arizona or similar offenses in any other jurisdiction:
● Sexual A. Sexual abuse of a minor.● Incest
B. ● First Incest.
C. First- or second-degree murder.
● KidnappingD. Kidnapping.● Arson
E. ● Sexual Arson.
F. Sexual assault.
● Sexual G. Sexual exploitation of a minor.
● Felony H. Felony offenses involving contributing to the delinquency of a minor.
● I. Commercial sexual exploitation of a minor.
● J. Felony offenses involving sale, distribution, or transportation of, offer to sell, transport, or distribute, or conspiracy or conspiracy to sell, transport, or distribute marijuana or dangerous or narcotic drugs.
● Felony K. Felony offenses involving the possession or use of marijuana, dangerous drugs, or narcotic drugs.
● Misdemeanor L. Misdemeanor offenses involving the possession or use of marijuana or dangerous drugs.
● M. Burglary in the first degree.
● Burglary N. Burglary in the second or third degree.
● Aggravated O. Aggravated or armed robbery.● Robbery
P. ● A Robbery.
Q. A dangerous crime against children as defined in A.R.S. 13-604705.01.● Child
R. Child abuse.
● Sexual S. Sexual conduct with a minor.
● Molestation T. Molestation of a child.● Manslaughter
U. ● Aggravated Manslaughter.
V. Aggravated assault.
● W. Assault.
● Exploitation X. Exploitation of minors involving drug offenses.
A person who makes a false statement, representation, or certification in any application for employment with the School District is guilty of a class 3 misdemeanor.
The District may refuse to hire or may review or terminate personnel who have been convicted of or admitted committing any of the criminal offenses above or a similar offense in another jurisdiction. In conducting a review, the Governing Board shall utilize the guidelines, including the list of offenses that are not subject to review, as prescribed by the State Board of Education pursuant to A.R.S. 15-534. In considering whether to hire or terminate the employment of a person, the Governing Board shall take into account the factors listed in A.R.S. 15-512.
When considering termination of an employee pursuant to A.R.S. 15-512, a hearing shall be held to determine whether a person already employed shall be terminated.
The Superintendent shall develop and implement procedures that include the following in the employment process:
● Provide A. Provide for fingerprinting of employees covered under this policy and A.R.S. 15-512.
● Provide B. Provide for fingerprint checks pursuant to A.R.S. 41-1750.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-512
15-534
23-1361
41-1750
41-1758.07
CROSS REF.:
GCF - Professional Staff Hiring
GCG - Part-Time and Substitute Professional Staff Employment
IJOC - School Volunteers
EXHIBIT
PROFESSIONAL STAFF CERTIFICATION
AND CREDENTIALING REQUIREMENTS
________________________________ ___________________________
Name (typed or printed) Position
I, ___________________________________, being duly sworn, do hereby certify that I have never been convicted of or admitted in open court or pursuant to a plea agreement committing, and am not now awaiting trial for committing, any of the following criminal offenses in the state of Arizona or similar offenses in any other jurisdiction:
|
|
|
_______________________________ _________________________________
Employee signature Date signed
Subscribed, sworn to, and acknowledged before me by _______________________
______________________________, this ______ day of ____________, 20____,
in _____________________________ County, Arizona.
My Commission Expires
__________________________ ______________________________________
Notary
Notary Public
Every school employee shall take and subscribe to the oath prescribed for public officers pursuant to A.R.S. 38-231. The person taking the oath shall file a copy of the acknowledged oath in the District office. The District office shall keep such copy on file as long as the employee remains employed by the District and for a period of five (5) years after termination of employment with the District.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
38-231
The Superintendent will fill positions of increased responsibility with the best available candidates. Candidates will be considered both from within and from outside the District.
Adopted: date of Manual adoption
EXHIBIT
PROFESSIONAL STAFF VOLUNTARY
TRANSFER OF ACCRUED SICK LEAVE
(Medical Leave Assistance Program)
MEDICAL LEAVE ASSISTANCE PROGRAM REQUEST
Directions
Please read carefully the requirements for participation in the Medical Leave Assistance Program listed below, sign and submit to Carroll Onsae, Director of Personnel, along with the Verification of Serious Illness or Injury Form signed by your licensed health care practitioner. A copy of this form will be returned to you.
Employee name ________________________________ Date __________________
School/department ______________________________ SS No. _________________
I request to participate in the Medical Leave Assistance Program and verify the following:
1. I have depleted my accrued sick and personal and/or vacation leave as a result of a serious illness or injury. I understand that upon approval of this request any personal leave days will be converted to sick leave for use prior to using donated days.
2. I understand that "serious illness or injury" is defined as a "non-work-related illness that is required for more than ten (10) work days' absence for the same illness/injury within the school year as verified by my licensed health care practitioner." (Ordinarily, childbirth is not considered a serious illness.) I understand that I may also request coverage for a specified number of days for intermittent treatment that is necessitated as a result of the qualifying serious illness or injury.
3. I understand that any donated leave will become my permanent property and may not be returned if unused.
4. I understand that I am not eligible for this program once I qualify for long-term disability coverage.
5. I give my permission, if necessary, for the Director of Personnel to verify or request additional information and/or documentation from the office of my attending licensed health care practitioner.
6. Based on the latest medical prognosis, I anticipate I will need _______ days.
7. I understand that it is possible for my need for sick leave to be posted so that other employees may be made aware of my need.
8. I understand that once approved, donated leave may be returned or reimbursed to the donor employee. All donated leave becomes my permanent property unless I am released to work earlier than originally stated by my physician and I have a balance in excess of ten (10) donated days. Extra days will be returned to employees on a prorated basis.
9. I understand that falsification of information on any medical leave assistance documents will result in denial of medical leave assistance for the school year.
Check one (1) of the following:
◻ I request that my need for sick leave be posted in schools/departments.
◻ I do not wish my need for sick leave to be posted in schools/departments.
I understand that persons wishing to donate must do so within fifteen (15)
working days of the approval of this request.
_______________________________________________ ________________________
Employee or Authorized Designee's Signature Date
◻ Approved ◻ Disapproved
_______________________________________________ ________________________
Director of Personnel or Designee Date
EXHIBIT
PROFESSIONAL / SUPPORT STAFF
HIRING - OATH OF OFFICE
In addition to any other form of oath or affirmation specifically provided by law for an officer or employee, before entering upon the duties of office or employment, any officer or employee shall take and subscribe to the following oath or affirmation:
State of Arizona, County of _____________________________________________, I, _____________________________________ [type or print name], do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution and laws of the State of Arizona; that I will bear true faith and allegiance to the same, and defend them against all enemies, foreign and domestic, and that I will faithfully and impartially discharge the duties of the office of ________________________________________________ [name of office] according to the best of my ability, so help me God (or so I do affirm).
__________________________________
(Signature of officer or employee)
LEGAL REF.:
A.R.S.
38-231
EXHIBIT
PROFESSIONAL STAFF VOLUNTARY
TRANSFER OF ACCRUED SICK LEAVE
(Medical Leave Assistance Program)
SICK LEAVE DONATION FORM
Directions
Please read carefully the information below, sign and submit it to Carroll Onsae, Director of Personnel. A copy of this form will be returned to you and to the employee receiving the donated sick leave.
Employee name ________________________________ Date __________________
School/department ______________________________ SS No. _________________
I desire to make a donation of sick leave and verify the following:
1. I have currently accrued thirty (30) or more days of sick leave.
2. I understand that I may donate no more than five (5) days of sick leave in any contract year.
3. I understand that my donated leave becomes the permanent property of the receiving employee and may not be returned to me if unused.
4. I understand that days of leave - not my actual wage/salary - will be donated.
5. I am not donating leave to my immediate supervisor or evaluator.
6. Information relative to this donation will remain confidential.
7. I make this donation voluntarily.
Number of days to be donated ______________________________________________
Employee to receive donated days ___________________________________________
I wish to have my name withheld from the ◻ Yes
person receiving this donation. Please check: ◻ No
_______________________________________________ ________________________
Employee or Authorized Designee's Signature Date
◻ Approved ◻ Disapproved
_______________________________________________ ________________________
Director of Personnel or Designee Date
Substitute Teachers
The Board will establish the daily pay rate for substitute teachers.
The Superintendent will screen all applicants for substitute positions and recommend substitute teachers to the Board for approval. The Superintendent will establish regulations to ensure that all substitutes used in the schools are on the Board-approved substitute list.
Substitute Professional
Staff Members
The Superintendent may employ, when conditions warrant, temporary or part-time personnel on a per diem or time card basis. This authority is subject to the following conditions:
● Continued A. Continued employment of any such person shall be subject to confirmation and approval by the Board at its next its next official meeting.
● The B. The employee shall be hired on a per diem basis and shall be compensated in accordance with the requirements the requirements and limitations of existing contracts that cover similar positions or employees.
● In C. In addition to the conditions set forth above, the temporary assignment of a person to a supervisory or administrative or administrative position shall be preceded by notification to the Board. The Superintendent will detail the detail the circumstances that created the need for the part-time employment.
Adopted:
February 25, 2014date of Manual adoption
EXHIBIT
PROFESSIONAL STAFF VOLUNTARY
TRANSFER OF ACCRUED SICK LEAVE
(Medical Leave Assistance Program)
VERIFICATION OF SERIOUS ILLNESS OR INJURY
In order for an employee, ___________________________________________________
Name Social Security Number
to qualify for the Medical Leave Assistance Plan, the Flagstaff Unified School District requires written verification by a licensed health care practitioner of serious illness or injury requiring an employee to be confined to bed or to his/her home.
Please furnish the information requested below:
1. Nature of serious illness or injury.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
2. Beginning date of serious illness or injury ____________________________________
3. Expected date employee may return to work __________________________________
____________________________________________ __________________________
Signature of licensed health care practitioner Date
(Only original signatures accepted)
____________________________________________ __________________________
Typed or printed name Telephone number
____________________________________________
Federal Tax ID Number
This form is to be completed by licensed health care practitioner and
returned to Personnel with application or request for
Medical Leave Assistance Plan.
The opportunity to job share shall be available to all elementary teachers.
Job sharers will be responsible for arranging the job share with a partner whose philosophies are compatible regarding discipline, classroom organization, teaching techniques, and record keeping.
Job share applicants will submit a proposal to their principal for review and recommendation to District administration. Included in this proposal will be a statement of compatible philosophy as stated in the preceding paragraph, and a daily work schedule that includes an overlapping preparation period. Both teachers will work twenty (20) hours per week.
Job sharers will split equally with the District the cost of insurance benefits if they choose to be covered by District insurance. Job sharers who wish to be covered by District insurance shall be responsible for paying their share of the year's insurance premiums at the beginning of the contract year in which they job share. (fifty percent [50%] paid by the District and fifty percent [50%] in advance paid by the employee.)
In the event that one (1) partner in an approved job share contract is unable to fulfill his part of the contract, and an appropriate alternate is not found by the remaining party and approved by the principal, the remaining partner shall be responsible for fulfilling the entire contract by returning to full-time teaching.
The job sharer, previously having obtained continuing status (tenure), will be guaranteed a continuing part-time contract, but relinquishes any right to a full-time contract. If the job sharer wishes to return to a full-time contract, he may apply in accordance with District procedures upon completion of the job share.
Job share contracts will be approved on a year-to-year basis, with principal approval.
All rights, benefits, and privileges granted to part-time continuing teachers (under the section on Part-Time Employment) will be granted to job sharers.
Adopted: date of manual adoption
The Superintendent will establish procedures for reporting the need for and arranging for professional staff substitutes.
Adopted: date of Manual adoption
LEGAL REF.:
A.A.C.
R7-2-612
EXHIBIT
PROFESSIONAL STAFF VOLUNTARY
TRANSFER OF ACCRUED SICK LEAVE
APPLICATION
The application must be in writing.
The application must be supported by a physician's letter confirming the conditions required for receipt of sick-leave bank assistance.
Data in the application shall include the nature of the illness, diagnosis, and prognosis for return to duty.
The application shall be received by the District office within ten (10) days following the applicant beginning unpaid leave status.
The Superintendent will establish a program to provide orientation for all new District employees. At a minimum, this program will cover the following items:
● GoalsA. Goals, objectives, and programs of the District.
● Personnel B. Personnel policies.
● Prohibited C. Sexual harassment.
● Terms D. Terms of employment.
● General E. General disciplinary rules and procedures.
● Salary F. Salary and fringe-benefit plans.
● SelfG. Self-improvement opportunities.
● The H. The evaluation program and name(s) of evaluator(s).
● I. Handling of body fluids.
J. Child abuse reporting responsibilities.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-341
The Board recognizes its particular responsibility to provide opportunity for the continual professional growth of its certificated staff. Such opportunities include, within budgetary limitation, special in-service training courses, workshops, school or District visitations, conferences, professional library, and assistance from supervisors and consultants.
In line with such opportunities, the Board encourages educational research by staff members when the conduct of the project does not conflict with the major functions of the schools. The Board therefore sets forth the following in-service training opportunities:
● Up to two (2) in-service training days may be scheduled in lieu of snow days, contingent upon the occurrence of the following conditions:
■ One (1) or two (2) unused snow days being available.
■ The in-service day(s), if they are to occur, shall be scheduled on or after April 1.
■ In-service training days are considered full-duty days, and all standards as to workday, attendance, etc., shall be followed.
If the District compensates the staff member for attending in-service training courses, no credit shall be allowed for advancement on the salary schedule.
Guidelines for District-sponsored
courses and workshops
Instructional time:
Course Credit Minimum hours of instruction
1 12
2 24
3 36
District-sponsored courses offered for less than twelve (12) hours will be credited as follows:
Course Credit Minimum hours of instruction
1/4 3 through 5
1/2 6 through 8
3/4 9 through 11
Instructors - qualifications:
● Personnel who are graduated from an accredited college or university or who function as representatives of a corporation in a trainer capacity.
● All instructors under the preceding paragraph must be qualified in the subject related to the course.
● Personnel who have not been graduated from an accredited college or university may be used as resource people provided they qualify as experts or are well versed or experienced in the subject to be taught. Personnel in this category may not be used for more than one-third (1/3) of the total instruction.
Presentation of course for approval:
● The department, organization, or person requesting a District-sponsored course or workshop shall appear before the Committee and ask for approval of the course. The following information shall be submitted to the Committee in writing:
■ Title of course and number, if any.
■ Complete outline of the course and schedule.
■ Duration of course in clock hours.
■ Number of credits or units to be earned.
■ Teachers qualified to attend the course for credit, either by department, subject matter, and/or grade level.
■ Purpose of the course. Instructors, when submitting a course for approval, will include a written statement in the course description that will clearly indicate how the course content will assist the enrollees with their teaching or administrative assignment.
■ List of materials, training aids, books, A-V materials, and facilities to be used for the course.
■ Approval of building principal for use of the facilities. If the course is not to be conducted within the facilities of the District schools, then furnish approval of the person responsible for said building.
■ Cost to staff members, if any, and reason for charging.
■ If applicable, list of supplies and/or materials that staff members are required to furnish on their own.
■ Names of all instructors meeting the requirements outlined above in the first two (2) paragraphs under the heading "Instructors - qualifications."
■ The names of all instructors and guest speakers who come under the third (3rd) paragraph above under the heading "Instructors - qualifications"; their place of employment; qualifications and experience related to the subject; and specifically what they expect to cover in this course. If the person is well known to the community, the state of Arizona, or the nation, all that is required is the name of the individual.
■ At the end of every course or workshop, instructors will conduct a postcourse evaluation, allowing each enrollee to provide a written evaluation of the course or workshop. These evaluations are to be collected and filed in the office of the supervisor of media-library at the same time the list of enrollees completing the course or workshop is filed with the District office.
● A District employee who teaches an in-service class for the first time will receive participant credit according to the following guidelines: Teachers of academic in-District classes with eight (8) to thirty (30) participants will receive one (1) credit for preparation and one (1) credit for teaching; and teachers of academic in-District classes with classes over thirty (30) participants will receive one (1) credit for preparation and one and one-half (1.5) credits for teaching; all of which shall be considered equivalent to accredited college/university graduate units. A District employee who teaches the same in-service class a second time will receive only participant credit, to be considered equal to accredited college/university graduate units.
● Any class with fewer than eight (8) participants may be canceled unless deemed necessary by an assistant superintendent.
● In-service classes may not be offered more than twice for instructor credit unless requested by District administration. Credit or remuneration to District employees teaching a class more than twice will be acted upon by the Professional Growth Committee based on an assessment of District needs.
● Graduate credits earned by teaching District in-service classes after August 27, 1984, may not exceed eighty percent (80%) of the required credits for advancement on the salary schedule from one (1) class to another. In this case at least twenty percent (20%) of credits earned for advancement shall be accredited college/university units.
The Professional Growth Committee shall have the authority to make decisions for approval or denial of approval of courses with respect to the above criteria. The Committee may, at its discretion, refer to the Superintendent and the Governing Board any request that it feels is controversial. In such cases, the Superintendent and the Governing Board may approve, deny approval of the course, or refer it back to the Committee for approval or denial of approval.
It will be the responsibility of the Superintendent to assign the number of personnel he deems necessary to supervise the course and any other duties the Superintendent wishes to delegate. One (1) specific duty shall be supervision of attendance.
Staff members who enroll in District-sponsored courses are expected to attend all class meetings. All work missed because of absence may be made up, at the discretion of the sponsors.
Adopted: February 11, 2006
In-Service Training Courses
The Superintendent may establish local in-service training courses for teachers and other certificated employees in the schools, credit for which may be granted beyond the bachelor's degree in the manner that graduate courses in institutions of higher learning are taken into account.
This credit may be granted in cases where the scope, level, quality, and content of the local course is equal to college graduate work and the instructor is qualified to teach on the college level. The Superintendent may establish reasonable rules by which to select such courses and designate them for credit. The maximum number of credits earned in such courses that may be counted toward the salary differentials is one-half (1/2) the credits required for each column of the salary schedule. The number of credits to be granted for each course shall be determined by the Superintendent.
The attendance of teachers in these courses shall be recorded, and no credit shall be allowed unless the teacher has completed the assigned work of the course.
If the District compensates the staff member for attending in-service training courses, no credit shall be allowed for advancement on the salary schedule.
Adopted: date of Manual adoption
LEGAL REF.:
A.R.S.
15-342
CROSS REF.:
GCBA - Professional Staff Salary Schedules
Probationary teacher means a certificated teacher who is not a continuing teacher.
Continuing teacher means:
● a A. a certificated teacher who has been and is currently employed by the District for the major portion of three (3) consecutive consecutive school years, and;
● who B. who has not been designated in the lowest performance classification for the previous school year or who has not has not regained continuing status after being designated as a probationary teacher.
A continuing teacher becomes a probationary teacher in the school year following having been designated in the lowest performance classification and shall remain a probationary teacher until that teacher's performance classification is designated in either of the two (2) highest performance classifications.
Administrators are not covered under the terms of the teacher appointment and evaluation statutes and do not gain credit toward continuing status.
Adopted: September 10, 2013date of Manual adoption
LEGAL REF.:
A.R.S.
15-501
15-502
15-536
15-538.01
15-539
15-544
15-546
15-547
A.G.O.
I78-150
I78-286
I80-113
I83-131
I84-048
CROSS REF.:
GCO - Evaluation of Professional Staff Members
Teaching Assignments and
Employment Qualifications
The Superintendent shall be responsible have the responsibility for the assignment of all staff members. Assignment of personnel to existing vacancies shall be based on District needs consistent with stated goals and objectives. Voluntary participation of staff members in the selection process by involvement in screening, interviewing, and other means shall be encouraged and implemented to the extent practical, given time lines and other logistical considerations. Given the preeminence of District goals, staffing of existing vacancies is determined on the basis of personnel who:
● Meet the requirements necessary to implement the educational program of the school.
● Possess the qualifications, skills, and competencies necessary for the position and are highly qualified.
● Contribute to the ethnic and gender balance of the school whenever possible.
● Desire to teach in a particular school.
Staff members are individually responsible for maintaining a valid Arizona certificate for their assigned position. Certificates shall be recorded with the Coconino County School Superintendent's office and the District Human Resources office by March 23,2010. Failure to fulfill this responsibility may result in suspension from contract duties and a loss of salary.
Staff members shall not be assigned duties outside the scope of their teaching certificates or major or minor fields of study, except in emergency situations.
Each school year, teachers shall be consulted by their principal regarding the subjects or grade level they would prefer to teach. The principal shall then develop a teaching schedule based upon consideration of the staff member's stated preference, professional preparation and teaching experience, and qualifications to the greatest extent possible. Each teacher shall be notified of his assignment by the principal. A staff member who does not agree to his assignment is encouraged to meet with the principal to appeal for a change in assignment.
Principals shall make every effort to inform teachers of their assignments for the ensuing school year prior to the closing of the school year then in progress. If changes in teaching assignments must be made after that time, the principal shall attempt to contact the teacher as soon as possible.
Any assignments in addition to the normal teaching schedule, such as those enumerated in the Extra Pay for Extra Services Schedule, shall be made with the consent of the teacher. Such assignments shall be listed in a separate contract.
Any teacher who has reached continuing status and who has been placed in a supervisory or administrative position and who is later returned to teacher status shall be entitled to such rights as teachers have under District policies. Previous salary placement shall be restored to the teacher by step advancement consistent with the District salary schedule with steps awarded during years serving in an administrative position.
Assignment Reduction
Continuing secondary teachers who are interested in assignment reduction (part-time employment) shall present their proposals to their principals for review and recommendation to District administration for approval. The needs of the school and students will take priority in these decisions. If an assignment consisting of less than two-fifths (2/5) is offered to the teacher, the teacher will be advised, prior to acceptance of the assignment, that loss of continuing teacher status will ensue. Return to full-time employment shall be at the discretion of the District. All rights, benefits, and privileges granted to part-time continuing teachers will be granted to teachers who have selected reduced-assignment contracts [A.R.S. 15-502].
Teacher Vacancies and Transfers
Vacancies
A vacancy is the availability of a teaching position previously held by a staff member or a newly created teaching position, except those filled via the Reassignment "Within School" or the "Mutual Transfer" sections below. Positions held at the end of the individual's term of contract that hold "balance of the year," "one year only," or "job shared" contracts become vacancies at the discretion of the Superintendent after all District-initiated transfers, if any, are complete.
For purposes of transfer, a school shall be identified by its state identification number.
Once a vacancy is determined the District shall open it to all interested persons both in and out of District at the same time. Principals may interview any applicants for a vacancy who possess the qualifications, skills, and competencies necessary to implement the educational program of the school.
During the school year, the Superintendent shall distribute to the Association and all schools notice of vacancies that occur. Such notices shall be posted on designated areas at each site and shall include a description of the position, qualifications, site, grade level and/or subject level, and other pertinent information.
As soon as practical, the Superintendent shall provide the Association and all schools with a written list of known vacancies to occur during the following school year.
All vacancies will be posted at all sites and posted on the Internet on a weekly basis year-round. Teachers interested in applying for posted vacancies shall have the responsibility for applying to Human Resources for any position for which the teacher is interested and qualified.
Reassignment within schools
Principals may reassign full-time, continuing teachers within the building based on staffing needs. Principals shall make these reassignments following discussions with the affected individuals within the school staff and shall notify the Superintendent of such reassignments.
Mutual transfer requests
Teachers and/or the District may initiate mutually agreeable transfers in accordance with this section. Such mutually agreeable transfers must be consistent with "Teacher Assignments and Employment Qualifications" and must be agreeable to the teachers being transferred, the Superintendent or the Superintendent's designee, and administrators of the affected schools.
District-initiated transfer
A District-initiated transfer of certificated personnel, including supervisors or administrators who are returning to teacher status may be made by the District if it is deemed necessary to prevent overstaffing of a building or to prevent disruption of the educational program.
The District will seek volunteers for a District-initiated transfer. If an involuntary transfer becomes necessary, the individuals will be transferred based on the teacher's qualifications meeting the building, program, or department requirements and the least length of certificated service in the District according to the actual date of hire. Length of service in the District must be consistent with the Seniority Index.
No District-initiated transfer shall be arbitrary, capricious, or without basis in fact. The provisions listed under "District-initiated transfers" are subject to the Grievance Procedure.
In the event of a District-initiated transfer, whether voluntary or not, the District will assume the responsibility for moving teacher materials to the assigned setting. If notification is less than two (2) weeks before date of transfer, a transferred teacher shall have up to two (2) working days without instructional duties to prepare for the new assignment.
Following are the guidelines for District-initiated transfer:
● In making District-initiated transfers, the District will consider any previous District-initiated transfer and - other factors being equal - will select the least-recently District-initiated transferred individual for transfer. A teacher who volunteers to become a District-initiated transfer to another school shall be included when considering the least recently transferred individual.
● Each principal shall provide the District a list of vacant positions along with a description of and the qualifications for each position within the building and/or the number of staff members unassigned.
● District-initiated transfers shall be provided a list of all known vacancies in the District. If multiple transfer positions are available, District-initiated transfers may designate up to four (4) positions of transfer and the order of preference. The District will offer the teacher one (1) of the four (4) requested positions, considering the best interest of the District, and with input from the receiving principal, the qualifications, skills, and competencies necessary to implement the educational program of the school and for which they have identified a preference. The position will be offered by the Superintendent or the Superintendent's designee.
● Each District-initiated transfer shall be encouraged to schedule an interview with the principal for the vacant position for which s/he indicates a preference.
● Should two (2) or more teachers designate the same preferred position(s), the Superintendent or the Superintendent's designee, with input from the receiving principal, shall offer the position consistent with the teacher's qualifications, skills, and competencies necessary to implement the educational program of the school and the Seniority Index.
● Teachers without assignments within the District and whose preferred position(s) of transfer no longer exist shall be assigned by the Superintendent or designee consistent with the "Teaching Assignments and Employment Qualifications" outlined above.
● The District shall continually provide to these teachers a list of known vacancies. The teacher may designate preferred position(s) of transfer. No transfer may be made after the first day of instruction of a school year except in emergency situations or when mutually agreed upon by the teacher and the District in the best interests of the students. Other exceptions may be granted by the Superintendent on a case-by-case basis.
● A Leave of Absence (LOA) does not start until August of the following year; therefore, a teacher may be assigned to another position within the building or to a different building prior to the effective date of transfer.
● If a District-initiated transfer opts for a one-year-only position over a continuing position, the individual will be considered a District-initiated transfer the next year.
● For special-area programs, including special education self-contained, that move to a new location in the District, the move is not a District-initiated transfer.
● Fulltime continuing special education resource, or self-contained teachers shall be considered building staff members if the program is collapsed, partially collapsed, or the school principal offers a position based on staffing needs.
● District-wide assignments include the following program areas: Elementary Art, Elementary Gifted/TAG, Elementary P.E., Elementary Music/Band/Strings, Nurses, Occupational Therapists, Physical Therapists, Speech Therapists, and other multiple assignments that may require travel between schools/buildings.
■ For the purpose of determining which teacher is transferred from a program area, if two (2) or more teachers possess the qualifications, skills, and competencies necessary to implement the educational program at the new school, length of certificated service in the program area shall be the determining factor.
■ A transfer is defined as a voluntary or involuntary change of assignment and/or building. A teacher will be transferred to a new building based on the teacher's qualifications meeting the building program and course of department requirements.
Teacher-initiated transfer
Staff members who desire a change in grade level and/or subject assignment and/or building shall submit a transfer request to their principal and the personnel office prior to the application deadline for the vacancy. Such request shall be considered an application for the vacancy; however, staff members are strongly encouraged to submit a new application, resume, and supplemental information as deemed appropriate. In addition, staff members may have access to interview training materials available in the human resources office.
Consideration of all teacher-initiated transfer requests shall be consistent with the "Teaching Assignments and Employment Qualifications" section and "Vacancies and Transfers" section of this handbook with the following exceptions:
● No teacher-initiated transfer may be made after the first day of instruction of a school year, unless such transfer would result in an increase in salary for the transferred employee. Exceptions may be granted by the Superintendent.
● No teacher-initiated transfer for one-year-only assignments will be made to a vacancy created by a staff member's transfer to a one-year-only assignment. A teacher transferring to a one-year-only assignment must agree to return to his/her previous assignment the following year.
No teacher-initiated transfer request shall be administered in a manner that is arbitrary, capricious, or without basis in fact. The provisions herein listed under "Teacher-initiated transfers" are subject to the Grievance Procedure.
In the event of a teacher-initiated transfer, the District will assist the staff member by moving such large personal items as file cabinets and furniture.
Notice shall be provided each in-District staff member who applies for a transfer (vacancy) and is not selected for the vacancy. Such notice may be verbal or written and shall advise the staff member why another individual was selected, and shall be provided in a timely manner.
The District will periodically provide principals and other administrators with written reminders that they are to comply with the above agreed-to interview conference/notice in a timely manner. The District will also provide the Association annually with a statistical summary of the number of transfer requests and the number of successful transfers.
Administrative and Supervisory
Personnel
Principals, assistant principals, supervisors, and directors wishing to transfer or move from one (1) building or position to another building or position should submit written requests to the Superintendent. All such requests shall be given due consideration, and all transfers and moves will be made on the basis of the following:
● The best interests of the students and educational programs.
● The needs of the District.
Such transfers and moves will not necessarily be granted on the basis of seniority.
Adopted: March 11, 2010
personnel throughout the District. The procedure for assignment and transfer of professional staff members will be based on the needs of the instructional program. In addition, no right to school, grade, or subject assignment shall be inferred from the teacher's contract.
A teacher who has been employed by the District for the major portion of three (3) or more consecutive school years and who is currently designated in the lowest performance classification for two (2) consecutive school years shall not be transferred as a teacher to another school in the District unless the District has issued a preliminary notice of inadequacy of classroom performance and approved a performance improvement plan for the teacher and the Governing Board has approved the new placement as in the best interests of the pupils in the school. Following a transfer under this provision, a teacher who continues to be designated in one (1) of the two (2) lowest performance classifications shall not be permitted to transfer to another school. A teacher shall not be transferred more than once under the provisions of this paragraph.
The transfer of teachers from one school to another school within the District shall take into consideration the needs of the pupils in the District and the current distribution of teachers across all of the four (4) performance classifications as adopted by the State Board of Education.
Professional staff members may apply for transfer or reassignment, whether or not a vacancy exists. Transfers will not be approved during the school year unless the needs of the District dictate such approval.
In the case of vacancies in new or existing positions, first consideration will be given to qualified applicants among current employees.
The resolution of any conflicts over the need for a transfer shall be based on what is best for the instructional program, the needs of the students, and the overall needs of the District as defined by the Superintendent.
Adopted: date of Manual adoption
LEGAL REF.:
A.R.S.
15-537
Work Year
The work year of All professional staff members shall be determined by the official school calendar.
School days misssed because of inclement weather or other emergencies beyond control of the Board may be rescheduled at the discretion of the Board.
Orientation and opening/closing of school days are considered as contract teaching days for which staff members are expected to be in attendance. The Superintendent or designee report to their duty stations on time each workday and shall, as scheduled, be available there until the designated time(s) they are scheduled to leave. The Superintendent may alter or extend the school day for meetings, special events, and activities. Professional
Professional staff members are expected to be in their respective rooms or work areas as the schedule prescribes so that they may see students, parents, and/or attend to other duties as assigned.
Work Day
The professional work day for staff members shall be based upon a seven and one-half (7 1/2) hour contract day.
On "snow day delayed start schedule" work days, staff members shall report to work two (2) hours later than normal for safety reasons.
All professional staff members shall report to their duty stations on time each workday and shall, as scheduled, be available there until the desingated time(s) they are scheduled to leave. It is the expectation that all professional staff members attend their regularly scheduled collaborative teams (CT) meetings.
Teachers, within reason and common practiced district-wide procedures, may be required by their principal to report prior to the school work day, remain after school to attend to matters that properly require the staff members' attention, including consultation with parents when scheduled, or to attend to such evening school functions as are deemed necessary. The building principal may, at his or her discretion, authorize staff members' early departure on such days when they have discharged their duties.
Teaching/Preparation Time
Preparation time is construed to consist of blocks of time no less than thirty (30) minutes, and includes individual teacher planning and preparetion, voluntary teacher collaboration and/or voluntary teacher-principal collaboration. During the teacher's work-week, each teacher shall have a minimum of two hundred (200) minutes scheduled for preparation and/or parent-teacher conferences.
Elementary Planning/Conference Time:
Early release, one (1) day each week, is a time for preparation, parent conferences, voluntary teacher collaboration and voluntary teacher-principal collaboration. Up to two (2) hours per month, excluding the months of fall and spring parent/teacher conferences, may be used at the discretion of the side administrator.
In the scheduling of special subjects for elementary classes (i.e., Art, Music, PE) primary consideration should be given to arranging these classes so that the greatest possible block of uninterrupted teacher time is created for each classroom within existing available staff.
Middle School - High School Planning Time:
Within the teaching day, each teacher's schedule shall include one (1) period, or not less than two hundred (200) minutes per week, for teacher preparation time or parent-teacher conferences.
Duty-Free Lunch
Aides will be employed to assist with supervision of students during lunch periods at the elementary, middle, and high school levels. Teachers will have a daily thirty (30) minute consecutive duty-free lunch period.
Nonteaching Duties
The Board acknowledges that a teacher's primary responsibility is to teach students and that his/her energies should be utilized to this end.
The Board will continue to make an effort to reduce all nonteaching duties within the confines of District resources and capabilities.
Adopted: June 28, 2016Family members are not allowed in teacher work areas during scheduled duty hours.
In order to ensure the safety of students and the security of school campuses, teachers may be assigned supervisory duty during the teaching day. These duty assignments shall be considered a regular part of a teacher's duties and shall be fulfilled accordingly.
Teachers will perform duties other than classroom teaching. Extra duty assignments will be made by the Superintendent.
Adopted: date of Manual adoption
LEGAL REF.:
A.R.S.
15-521
CROSS REF.:
GCMF - Professional Staff Duties and Responsibilities
JLIA - Supervision of Students
The Superintendent will arrange for and hold staff meetings as the need may arise. This authority may be delegated to the building school principals, who may hold such building meetings on a regularly scheduled basis or as they may arise.
All teachers are required to attend any such meetings unless officially excused by the principal or the Superintendent prior to the meeting.
The Board and the administration recognize the value of and encourage grade-level staff meetings or departmental staff meetings. A minimum number of such meetings will be allowed during the regular school day, as long as the minimum number of classroom minutes for the grade level has been met. Arrangements for such meetings shall be made with the Superintendent through the building school principals.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-341
CROSS REF.:
IKACA - Parent Conferences
(Duties of Teachers; Failure to Comply
is Unprofessional Conduct; Penalty)
Every teacher shall:
● Make A. Make student learning the primary focus of the teacher's professional time.
● Hold B. Hold students to strict account for disorderly conduct.
● Exercise C. Exercise supervision over students on the playgrounds and during recess if assigned to such duty.
● Take D. Take and maintain daily classroom attendance.
● Make E. Make the decision to promote or retain a student in grade in a common school or to pass or fail a student in a course a course in high school. Such decisions may be overturned only as provided in A.R.S. 15-342.
● Comply F. Comply with all rules, regulations, and policies of the Governing Board that relate to the duties as prescribed.
A teacher shall not use sectarian or denominational books or teach any sectarian doctrines or conduct religious exercises.
A teacher who instructs a course offered under Policy IHAL, Teaching About Religion, in its appropriate historical context and in good faith shall be immune from civil liability and disciplinary action pursuant to section A.R.S. 15-535.
A teacher who fails to comply with the above is guilty of unprofessional conduct and may be subject to disciplinary action by the Governing Board and by the State Board of Education.
A teacher who is arrested for or charged with any nonappealable offense listed in section 41-1758.03, subsection B and who does not immediately report the arrest or charge to the teacher's supervisor is guilty of unprofessional conduct and shall be immediately dismissed from employment with the School District.
Adopted: January 8, 2013date of Manual adoption
LEGAL REF.:
A.R.S.
15-203
15-341
15-521
15-535
15-539
15-550
41-1758.03
CROSS REF.:
GBEB - Staff Conduct
GCO - Evaluation of Professional Staff Members
The process and purpose of evaluation for certificated professional staff members shall lead is to result in improvement of the quality of instruction and the strengthening of the abilities of the professional staff.
Definition of Terms
In this policy:
● A. Certificated teacher means means a person who holds a certificate from the State Board of Education to work in the school in the schools of this state and who is employed under contract in a position that requires certification, except a psychologist except a psychologist or an administrator devoting less than fifty percent (50%) of his time to classroom teaching.
● B. Inadequacy of classroom performance means means the definition of inadequacy of classroom performance adopted performance adopted by the Governing Board.
● C. Performance classifications means means the four (4) performance classifications for teachers and principals under principals under the law and defined by the State Board of Education.
● D. Qualified evaluator means means a school principal or other person who is trained to evaluate teachers and who is designated is designated by the Governing Board to evaluate certificated teachers.
Certain elements in an effective evaluation process shall be emphasized:
● Evaluation shall be a cooperative endeavor between evaluator and evaluatee.
● Open communication shall be considered essential.
● The agreed-upon purpose of evaluation shall be to work toward common goals for the improvement of education. This shall include attention to student and staff success, which shall include all certificated staff members.
● Evaluation shall be continuous, flexible, and sensitive to need for revision.
● The result of evaluation(s) shall be courses of action for the improvement of instruction. These courses of action shall be set in motion by specific recommendations mutually reviewed by the evaluator and the evaluatee.
● Evaluation shall be considered one aspect of effective management, rather than a discrete entity.
● Effective evaluation depends on accurate information; therefore, input from all appropriate sources shall be used.
● Evaluation(s) shall be based on, but not limited to, the following:
■ Student learning is the primary focus of the teacher's professional time.
■ Job expectations within the District.
■ Instruments for assessment of teacher performance.
■ Student achievement data.
■ Personal observation.
Evaluation of Classroom Teachers
and Other Certificated Non-
administrative Staff Members
The District evaluation instrument will utilize :
A. Utilize the required elements of the model framework for a teacher and principal evaluation
instrument adoptedinstrument adopted by the State Board of Education
that includes;
B. Include quantitative data on student academic progress that accounts for between thirty-three
percentpercent (33%) and fifty percent (50%) of the evaluation outcomes
. The model framework shall include;
C. Include four (4) performance classifications, designated as highly effective, effective, developing
and ineffective., and ineffective;
D. Meet the data requirements established by the State Board of Education to annually evaluate individual teachers and principals.
Performance classifications for teachers shall be the same four (4) performance classifications adopted by the State Board of Education. The performance classifications are to be applied to the evaluation instruments in a manner designed to improve principal and teacher performance. At least annually, the School District Governing Board shall will discuss at a public meeting its aggregate performance classifications of principals and teachers.
In accordance with state law, the District shall The District will involve its certificated teachers in the development and periodic evaluation of the teacher performance evaluation system. The following elements will be a part of the evaluation system:
● It A. It will meet the requirements prescribed in statute and provide at least one (1) evaluation of each certificated teacher certificated teacher by a qualified evaluator each school year.
● A B. A copy of the evaluation system shall be given to each teacher in the District.
● Specific C. Specific training requirements for qualified evaluators, approved by the Board, will be included which may involve may involve local or national educator training resources recommended by the Superintendent.
● The Board shall receive from the Superintendent recommendations for qualified evaluators D. The Superintendent will recommend qualified evaluators to the Board prior to naming evaluators.● The best
E. The Board will designate qualified evaluators.
F. Best practices for professional development and evaluator training adopted by the State Board of Education shall be followed by evaluators.
● The Board will designate qualified evaluators by name or position at a Board meeting each year.
● The Education will be considered.
G. The system will include incentives for teachers in the highest performance classification.
● The H. The system will include a plan for the appropriate use of quantitative data of student academic progress in evaluations in evaluations of all certificated teachers. The plan may make distinctions between certificated teachers who provide direct instruction to students and certificated teachers who do not provide direct instruction to students. The plan may include data for multiple school years and may limit the use of data for certificated teachers who have taught for less than two (2) complete school years.
The Governing Board waives may waive the requirement of a second classroom observation for a continuing teacher whose teaching performance based on the first classroom observation places the teacher in one (1) of the two (2) highest performance classifications for the current school year, unless the teacher requests a second observation. Both teacher and evaluator must sign an agreement if the second observation is to be waived.
Either the qualified evaluator or another Board designee shall confer with the teacher to make specific recommendations as to the areas of improvement in the teacher's performance and to provide professional development opportunities for the certificated teacher to improve performance and follow up with the teacher after a reasonable period of time for the purposes purpose of ascertaining that the teacher is demonstrating adequate performance.
Inadequacy of Classroom Performance
Definitions
Continuing Teachers. A continuing teacher's classroom performance is inadequate if the teacher receives a rating of ineffective (emerging) in one (1) or more elements in the teacher's formal observation score. A teacher's classroom performance is also inadequate if the teacher receives a rating of developing (applying) in three (3) or more of the elements in the teacher's formal observation score.
Probationary Teachers. A probationary================================================================
By school year 2015-2016, the District teacher evaluation will address the following items to be inserted in this location after adoption by the Board.
Item 1
The Board shall describe performance improvement plans for teachers designated in the lowest performance classification and dismissal or nonrenewal procedures pursuant to section 15-536 or 15-539 for teachers who continue to be designated in the lowest performance classification.
Item 2
The Board's dismissal or nonrenewal procedures shall require that the District issue the preliminary notice of inadequacy of classroom performance no later than the second consecutive year that the teacher is designated in one (1) of the two (2) lowest performance classifications unless the teacher is in the first or second year of employment with the District or has been reassigned to teach a new subject or grade level for the preceding or current school year.
================================================================
Inadequacy of Classroom Performance
A teacher's classroom performance is inadequate if the teacher receives a rating of ineffective (emerging) in one (1) or more of the elements in the teacher's formal observation score. A teacher's classroom performance is also inadequate if the teacher receives a rating of developing (applying) in five (5) or more of the elements in the teacher's formal observation score:
INSERT DISTRICT LANGUAGE HERE.
The Superintendent is authorized to issue preliminary notices of inadequacy of classroom performance prior to Governing Board approval. The Superintendent, in consultation with the principal or supervisor of the classroom teacher, will consider any mitigating circumstances before issuing such notices to a classroom teacher who is new to the profession or who was recently reassigned to a new grade level or content area. The Board will be notified within ten (10) school days of such issuance.
A teacher whose evaluation is used as a criterion for establishing compensation and who disagrees with the evaluation may make a written appeal. The teacher shall have the burden of proof in the appeal. The appeal shall go to the Superintendent or the Superintendent's designee(s).
Procedures
A teacher whose overall rating is ineffective (emerging) or developing (applying) shall be issued a notice of inadequacy of classroom performance.
A notice of inadequacy shall be used after the first observation and before completion of a formal evaluation if the observation indicates that the teacher's performance is inadequate. The teacher will be provided with an improvement plan and an opportunity to correct the inadequacies before the second formal observation.
Prior approval by the Board is not required for each notice of inadequacy. The Superintendent or the Superintendent's designee is authorized to issue notices of inadequacy of classroom performance. When a notice is issued without prior Board approval, the Board shall be notified within ten (10) school days of such issuance.
Evaluation of Principals,
other Administrators
and Psychologists
The District shall Board authorizes the Superintendent to establish a system for the evaluation of the performance of principals, other school administrators, and certificated school psychologists. The District will seek advice from District administrators and psychologists Advice will be sought from those to be evaluated in the development of this the performance evaluation system for each of these employee classifications.
Evaluation of Principals
The evaluation system for the evaluation of the performance of principals may include the over-all instructional program, student progress, personnel, curriculum, and facilities. Principals will be given a review of evaluation procedures prior to beginning the process.
The evaluation system for principals may include the following:
A. Alignment of professional development opportunities to the principal evaluations.
B. Incentives for principals in one (1) of the two (2) highest performance classifications, which may include multiyear contracts and incentives to work at schools assigned a letter grade of "D" or "F."
C. Transfer and contract processes for principals designated in the lowest performance classification.
Subject to statutory limitations, the Board shall make available the evaluation and performance classification pursuant to A.R.S. 15-203 of of each principal in the School District to school districts and charter schools that are inquiring about the performance of the principal for hiring purposes.
Evaluation of Other Administrators
The format for the evaluation system for other administrators (other than the Superintendent) will be developed under the leadership of the Superintendent, focusing on the responsibilities and outcomes which support the over-all instructional program and needs of the District. Evaluation procedures, timelines, and methods to be used for the communication of evaluation results will be reviewed with each employee prior to beginning the process.
Evaluation of Certificated
School Psychologists
The evaluation system for certificated school psychologists shall include the following:
● Recommendations A. Recommendations as to areas of improvement in the performance of the certificated school psychologist if the performance the performance warrants improvement.
● After B. After transmittal of an assessment, a Board designee shall confer with the certificated school psychologist to make to make specific recommendations as to areas of improvement in performance.
● The C. The Board designee shall provide assistance and opportunities for the certificated school psychologist to improve to improve his performance and shall follow up after a reasonable period of time for the purpose of ascertaining that ascertaining that adequate performance is being determineddemonstrated.
● Appeal D. Appeal procedures for certificated school psychologists who disagree with the evaluation of their performance, if if the evaluation is for use as criteria for establishing compensation or dismissal.
Contracts of Certificated Employees
The Governing Board may transmit and receive contracts of certificated employees in an electronic format and may accept electronic signatures on those contracts. The Superintendent will develop procedures for the implementation of this discretionary process.
The Governing Board may adopt requirements that require electronic signatures to be followed by original signatures within a specified time period.
Adopted: August 27, 2013date of Manual adoption
LEGAL REF.:
A.R.S.
15-203
15-502
15-503
15-536
15-537
15-537.01
15-538
15-538.01
15-539 et seq.
15-544
15-549
15-918.02
15-977
A.A.C.
R7-2-605
CROSS REF:
GCB - Professional Staff Contracts and Compensation
GCF - Professional Staff Hiring
GCJ - Professional Staff Noncontinuing and Continuing Status
GCK - Professional Staff Assignments and Transfers
GCMF - Professional Staff Duties and Responsibilities
GCQF - Discipline, Suspension, and Dismissal of Professional Staff Members
GDO - Evaluation of Support Staff Members
REGULATION
EVALUATION OF PROFESSIONAL
STAFF MEMBERS
Purpose
The purpose of evaluation shall be to improve the quality of instruction and maximize student achievement. To that end, the process shall be predicated on the assumption that the evaluation will be a collaborative procedure, with both evaluator and evaluatee having full knowledge of the criteria, process, and results.
Definitions
When used in this regulation:
● Continuing teacher means a certificated teacher who has been employed by the District for the major portion of three (3) consecutive school years and who signs their fourth (4th) consecutive full-time contract. A full time contract is a 1.0 full-time equivalent (FTE) contract or more.
● Probationary teacher means a certificated teacher who has been employed by the District for less than the major portion of three (3) consecutive school years, or who has lost continuing status as described in the following paragraph.
● Loss of continuing status: Pursuant to A.R.S. 15-203(A)(38), a continuing teacher who has been designated in the lowest performance classification ("ineffective") for the current school year loses continuing status beginning in the subsequent school year, and remains a probationary teacher until his/her performance classification is designated in either of the two highest categories ("highly effective" or "effective").
Evaluators
The Superintendent will compile an updated listing of those who have successfully completed the District required evaluator training and submit this list of newly trained evaluators prior to the first scheduled staff observation by an evaluator to the Governing Board for designation as qualified evaluators. The evaluator shall be responsible for the final written and official statement of evaluation, which shall be in writing, and a copy shall be transmitted electronically to the certificated teacher within five (5) days after completion of the evaluation. [A.R.S. 15-537]
The Superintendent shall implement the specific training requirements for qualified evaluators prescribed by the Governing Board.
Best practices for professional development and evaluator training adopted by the State Board of Education should be referenced by the Superintendent periodically as the State Board has the authority to periodically make adjustments to align with the model framework for teacher and principal evaluations with assessment data changes at the state level.
Classroom Observations by Evaluator:
Each formal observation will occur within a predetermined one (1)-week window. Teachers will be notified by their evaluator at least one (1) week prior to the one (1)-week window. As the window approaches, the teacher will submit an outline of the objectives/content to be covered during that week, and indicate any specific day(s) that would not make for a productive observation, with appropriate justification (e.g., unit exam, project workday, active viewing of a film aligned with the curriculum). The evaluator will show up for observe a full period/lesson to complete the formal observation at some point during the prescribed week. If the evaluator is unable to show up during the scheduled week, he or she will reschedule with the standard procedure above, however if the rescheduled observation does not occur, a third will be scheduled with a specific day and time in advance.
● The teacher A. The teacher performance evaluation system shall include at least two (2) formal actual classroom observations of the of the certificated teacher demonstrating teaching skills in a complete and uninterrupted lesson by the qualified evaluatorqualified evaluator. However, the Governing Board allows may waive the waiver of the requirement of a second formal classroom observation as described below.
● Waiver Process - Continuing teachers who receive an average principal observation score of 3 (Integrating) or 4 (Innovating) on their first classroom observation may waive their second (2nd) observation. Both teacher and evaluator must approve an agreement if the second observation is to be waived. In the rare event of an observed or documented breach of professional conduct or instructional practice, the waiver may be rescinded by the principal, allowing for the second (2nd) observation to continue as normal. Probationary teachers are not able to request a waiver.
● There classroom observation for a continuing teacher whose teaching performance based on the first classroom observation places the teacher in one (1) of the two (2) highest performance classifications for the current school year, unless the teacher requests a second observation.
B. There shall be at least sixty (60) calendar days between the first and last standard formal observations.● An observation
C. Preliminary notice of inadequacy may follow the first observation.
D. The last observation may follow the issuance of a preliminary notice of inadequacy of classroom performance, the completion of any performance improvement plan and be used to determine whether the teacher has corrected inadequacies and has demonstrated adequate classroom performance.
E. An observation shall not be conducted within two (2) instructional days of any scheduled period in which school which school is not in session for one (1) week or more unless agreed upon in writing between the teacher and administrator.
● Informal F. Informal or additional formal observations may be made at the discretion of the administrator. Observations that Observations that do not constitute a complete and uninterrupted lesson shall not be considered in considered in determining performance ratings and may only be used to provide feedback to improve instructional performance.
Procedural Steps in the Process of Evaluation:
● The evaluation system will be reviewed during the tools' pre-conference on an annual basis. Any teacher A. The evaluation procedures shall be reviewed at each school. At the beginning of the school year, the principal shall meet with the school's faculty for the purpose of orienting the teachers to the total evaluation plan. Any teacher that is hired after the school year begins must also be given a preconference prior to their first formal observation. Any teacher hired after January 1, is required to have at least one (1) formal observation.● Within review of evaluation procedures prior to the teacher's evaluation.
B. Within ten (10) business days after each formal observation, the qualified evaluator observing the teacher shall provide shall provide written electronic feedback to the teacher and the documentation a copy shall be retained in for the Districtprincipal's electronic evaluation file system. The online documentation shall be A third copy shall be placed in the teacher's personnel file and made available to authorized District officers and employees and employees and as otherwise provided by law. The written feedback will be accompanied by a request from the evaluator to schedule a post-observation conference within ten (10) business days in order to collaboratively discuss both positive feedback and any observed areas that need improvement, for teachers with a score of applying or emerging.● The
C. The results of an annual evaluation , including observation data as well as applicable student growth and school level data, shall be in writing, or provided provided in electronic format to the certificated teacher certificated teacher and a copy shall be transmitted or provided in an electronic format to the certificated teacher within teacher within five (5) business days after finalization completion of the evaluation.● The certificated teacher
D. Either the qualified evaluator or another Board designee shall confer with the teacher to make specific recommendations as to the areas of improvement in the teacher's performance and to provide professional development opportunities for the certificated teacher to improve performance and follow up with the teacher after a reasonable period of time for the purpose of ascertaining that the teacher is demonstrating adequate performance.
E. The certificated teacher may initiate a written reaction or response to the evaluation electronically. The official evaluation shall be acknowledged electronically by the teacherevaluation shall be reduced to writing and signed by both the teacher and the evaluator. The teacher's signature shall not shall not mean concurrence. The teacher shall be allowed ten (10) calendar days to write and submit any comments electronically, which shall be attached to the evaluation.
● Copies F. Copies of the evaluation report and performance classification of a certificated teacher retained by the Governing the Governing Board and the Department of Education are confidential, do not constitute a public record and shall and shall not be released to any person except to those stipulated in A.R.S. 15-537 which allows release to certain to certain prescribed parties, including school districts and charter schools that inquire about the performance of performance of the teacher for prospective employment purposes.
Performance Classifications
The four (4) performance classifications are designated as Highly Effective, Effective, Developing, and Ineffective. These are included in the model framework for a teacher and principal evaluation instrument adopted by the State Board of Education pursuant to A.R.S. 15-203(38). The observation and evaluation system classifications are Innovating, Integrating, Applying, and Emerging.
Incentives for Teachers
Teachers who are rated "effective" or "highly effective" receive an additional allocation of twenty (20) points on the reduction in force (RIF) rubric to accept an assignment for work at a "D" or "F" school within the District.
Protections for Teachers
If a principal has been designated "ineffective", the District may not re-employ the individual in a principal capacity the following school year.
Teachers who are a District Initiated Transfer (DIT) to a school with a "D" or "F" rating may request to be evaluated by a different evaluator. This request must be submitted in writing to Human Resources by September 30 of the current school year
G. A school district or charter school that receives information about a certificated teacher from the evaluation report and performance classification shall use this information solely for employment purposes and shall not release to or allow access to this information by any other person, entity, school district or charter school for employment purposes.
Preliminary Notice of Inadequacy of
Classroom Performance:
● For a continuing teacher, inadequacy of classroom performance is defined as receiving either three (3) or more Applying scores or one (1) or more Emerging score on any formal observation. For a probationary teacher, inadequacy is defined as receiving either five (5) or more Applying scores or one (1) or more Emerging score.
● A teacher A. A teacher whose classroom performance has been observed evaluated as being inadequate shall be given a preliminary a preliminary notice of inadequacy of classroom performance .● if the teacher may be dismissed or non-renewed because of this notice. The notice will be accompanied by a written improvement plan to provide the teacher at least forty-five (45) instructional days instructional days in which to overcome the inadequacies . The notice will include specific information regarding each area marked applying or emerging to support the teacher in his/her improvement process. The information can consist of specific feedback on performance, appropriate reading materials, offers of additional classroom observations, contact information for mentor teachers, and/or similar activities designed to provide the teacher with the opportunity to improve their performance. A formal observation will conclude the improvement plan period.
● If the teacher's performance is formally observed to be inadequate upon completion of their written improvement plan, a written notice of intention to dismiss or not to reemploy shall be issued.
● Any teacher designated in one (1) of the two (2) lowest annual performance classifications shall be issued a preliminary notice of inadequacy of classroom performance no later than the second consecutive year of this designation, unless the teacher is in the first or second year of employment with the School District or has been reassigned to teach a new subject or grade level for the preceding or current school year.
● The and shall specify the nature of the inadequacy with such particularity as to furnish the teacher an opportunity to correct the inadequacies and maintain adequate classroom performance as defined by the Governing Board.
B. The Superintendent is authorized to issue preliminary notice of inadequacy of classroom performance without prior without prior Board approval. The Superintendent will notify the Board of such issuance within ten (10) days of such issuance.● A continuing teacher who is rated ineffective shall not be transferred to another school unless a such issuance.
C. The preliminary notice of inadequacy has been issued and a performance improvement plan approved, and the Governing Board finds that it is in the best interest of the students. A teacher shall not be transferred more than once pursuant to this section. [A.R.S. 15-537(D)]of classroom performance shall be accompanied by a performance improvement plan designed to help the teacher correct inadequacies and demonstrate adequate classroom performance.
Nonrenewal/Dismissal of
Certificated Employees:
● The A. The Board shall authorize, as necessary, and send notice to teachers who will not be reemployed for the ensuing the ensuing school year.
● The B. The written notice of intention to dismiss or not to reemploy shall include a copy of any valid formal observation pertinent evaluation pertinent to the charges made.
● Notice C. Notice of the Board's intention not to reemploy the teacher shall be made by delivering it personally to the teacher the teacher or by sending it by registered or certified mail to the teacher at the teacher's place of residence, as recorded as recorded in the District's records. The notice shall incorporate a statement of reasons for not reemploying the teacher.
Contracts of Certificatedreemploying the teacher.
D. If a teacher does not correct inadequacies and demonstrate adequate classroom performance following the preliminary notice of inadequacy of classroom performance accompanied by a performance plan and the statutory time allocated for such improvement has elapsed, a written notice of intention to dismiss or not to reemploy may be issued.
E. The Governing Board shall give any certificated teacher notice of intention to dismiss or not to reemploy if such intention is based on charges of inadequacy of classroom performance. The Governing Board or its authorized representative at least forty-five (45) instructional days before such notice, shall give the teacher written preliminary notice of inadequacy of classroom performance, specifying the nature thereof with such particularity as to furnish the teacher an opportunity to correct inadequacies and maintain adequate classroom performance. A notice of the Governing Board's intention to dismiss or not to reemploy for inadequacy of classroom performance shall not be issued until the District has completed an observation at the conclusion of a performance improvement plan.
F. In the case of a continuing teacher, if the teacher does not demonstrate adequate classroom performance within the allotted time the Board shall dismiss the teacher as provided by statute.
Contracts of Certificated Employees
The Governing Board shall offer a teaching contract for the next ensuing school year to each certificated probationary teacher who is under a contract of employment with the District for the current school year, unless the Governing Board, a member of the Board acting on behalf of the Board or the Superintendent gives notice to the teacher of the Board's intention not to offer a teaching contract or unless such teacher has been dismissed.
The Governing Board shall offer to each certificated continuing teacher who has been employed more than the major portion of three (3) consecutive years and who is under contract of employment with the District for the current year a contract renewal for the next ensuing school year unless the teacher has been given notice of the Board's intent not to offer a contract and to dismiss the teacher as provided by statute.
The Governing Board shall offer a contract to each certificated teacher who is not designated in the lowest performance classification and was offered a contract in the prior year unless the teacher has been given notice of the Board's intent not to offer a contract and to dismiss the teacher.
The teacher's acceptance of the contract must be indicated within fifteen (15) business days from the date of the teacher's receipt of the written contract or the offer of a contract is revoked.
Receipt is considered to have occurred when the written contract is:
● personally A. personally delivered,
● placed B. placed in the teacher's school-provided mailbox, including electronic mail, or
● two C. two (2) days after being placed in a United States Postal Service mail box.
Unless notified otherwise in writing, the District will send the contract to the address on file in Human Resources. It is the employee's responsibility to inform the District of any address change. Failure to provide the correct address does not negate the receipt guidelines above.
Contracts are valid after the teacher signs and dates the contract within the fifteen (15) days listed above, and the contract issuance is approved by the Governing Board. Any written changes made to the contract after issuance by the teacher are not valid.
The Governing Board, via human resources, The teacher accepts the contract by signing the contract and returning it to the Governing Board or by making a written instrument which accepts the terms of the contract and delivering it to the Governing Board. If the written instrument includes terms in addition to the terms of the contract offered by the Board, the teacher fails to accept the contract.
The Governing Board may transmit and receive contracts of certificated employees in an electronic format and may accept electronic signatures on those contracts. Additional provisions are as follows:
● If A. If a contract has not been transmitted to the certificated employee by the end of the current school year, an electronic contract shall be transmitted prior an electronic contract to that certificated employee, if provided in that format by the District, shall be transmitted prior to the start of the next school year and shall be submitted to both the certificated employee's District e-mail as well as the certificated employee's personal e-mail in order to notify the certificated employee of the offer the offer of contract.
● Each B. Each certificated employee shall be responsible for submitting his or her personal e-mail to human resources personnel resources personnel at the District for this purpose.
● Documents C. Documents transmitted in an electronic format pursuant to this subsection shall be considered written documents written documents for the purposes of sections 15-536 and 15-538.01.
● If D. If the Governing Board has so adopted, electronic signatures are to be followed by original signatures within a specified a specified time period.
● The Governing Board, via human resources, shall provide validation E. The Governing Board that accepts an electronic signature for a certificated employee's contract shall provide validation to the certificated employee that the contract has been transmitted upon request.
Principals, Other Administrators and
Non-Teaching Professional Staff:
Certificated School Psychologists:
A. Evaluation will be a cooperative procedure, with the evaluator and the evaluatee having full knowledge of the criteria the criteria and process.
● The B. The results of an annual evaluation shall be in writing, or be provided in electronic format, to the evaluatee and a and a copy shall be transmitted or provided in in an electronic format when all aspects of the evaluation are completed (data and narrative).● The within five (5) business days after completion of the evaluation.
C. Evaluation documents and procedures shall be developed based on the unique responsibilities and expectations inherent in the assignment.
D. The evaluation and performance classification of each principal in the District will be made available to school districts school districts and charter schools that are inquiring about the performance of the principal for hiring purposes.
Principal, Other Administrator,
and Non-
and
Certificated School Psychologist
Contract Renewal
If the administrator's contract with the District is for more than one (1) year, but not exceeding three (3) years, on or before May 15 of the last year of the contract, the Board shall offer a contract for the next school year to the administrator unless on or before April 15 the Board gives notice to the administrator of the Board's intention not to offer a new administrative contract.
If the administrator's or non-teaching professional staffpsychologist's or psychologist contract with the District is for a single year, on or before May 15 of each year the Board shall offer a contract for the next school year to the administrator or non-teaching professional staff psychologist unless on or before April 15 the Board gives notice to the administrator or non-teaching professional staff psychologist of the Board's intention not to offer a new administrative contract or non-teaching professional staff psychologist's contract.
REGULATION
EVALUATION OF PROFESSIONAL
STAFF MEMBERS
(Certificated Non-Teaching Professional Staff
Procedures for Appeal of Evaluation)
Non-teaching professional staff When an evaluation is used as the criterion for establishing a teacher's compensation, the teacher will be so informed at the conference where the evaluation is discussed.
A teacher whose evaluation is used as a criterion for establishing compensation and who disagrees with the evaluation may make a written appeal to the Superintendent or the Superintendent's designee no later than ten (10) days after the conference where the disputed evaluation is discussed.
The appeal to the Superintendent shall be limited to the sole issue of how the evaluation procedure used is at variance from the Board-adopted procedure. The burden of proof is on the teacher and the appeal may consist of a paper review. The decision of the Superintendent shall be final and not subject to further appeal or review.
Philosophy of Reduction
in Force (RIF)
If a reduction in certificated personnel becomes necessary after a generous amount of circumspection, such reductions shall be accomplished with concern for the individuals involved and shall assure, to every extent possible, preservation of the well-being of the students, the school community, and the faculty in order that the integrity and long-range future of the District may be best served.
A reduction in force analysis shall start with a determination of positions needed as compared to current staffing levels. Only after the District has identified the number and types of positions required will individual employee qualifications and assignments be addressed.
The elimination of certificated teaching positions is legitimate only when justified by declining enrollment or reasons of economy and should be implemented only after considering all other alternatives to alleviate such emergency. Additionally, the Board recognizes that due to changes in priorities it may be appropriate and in the best interest of the District to close or reorganize schools and to eliminate, reduce or alter departments or programs.
Teacher tenure and seniority shall not be considerations in retention or reduction determinations.
Legal Basis of Reduction
in Force
The consideration for the reduction or elimination of teachers in the District shall be based on one (1) or more of the following:
● The effectuation of economies in the operation of the District.
● The improvement of the efficient conduct and administration of the schools in the District.
● Reasons of economy.
● Lack of pupils.
● System reorganization.
Alternatives to Reduction in
Force - Effect of Attrition
The District shall determine as accurately as possible the total number of staff members known to be leaving the District for reasons of retirement, leave of absence, normal resignation, or discharge. These vacancies will be taken into consideration when determining the number of available positions for the following school year. The District will make every effort to avoid having to reduce employees who intend to return to the District by not replacing vacant positions caused by attrition factors. In addition, the implementation of RIF procedures should take place only after consideration of other alternatives such as initiation of an early retirement program or, the availability of new grants.
Reduction in Force Procedures
When the Superintendent believes that the grounds exist for a Reduction in Force, the Superintendent will present a recommendation to the Governing Board. The recommendation will include:
● The grounds for Reduction in Force.
● The estimated number of certificated employees to be reduced, by elementary, middle school or high school employee groups, program and/or subject matter competence.
● The background information, data and rationale for the recommendation.
The Governing Board will review the Superintendent's recommendation and will determine whether to reduce the number of certificated positions or to reduce their terms of employment.
The Governing Board, after considering and discussing the options, determines the number of certificated employee's positions to be reduced, and the Superintendent will recommend to the Board which individuals shall be subject to dismissal based on the criteria set forth below.
Criteria
The primary consideration in any Reduction in Force will be in the maintenance of a sound and balanced educational program that is consistent with the vision and mission of the District. The District will use the results of the RIF rubric to determine which employees will be recommended to the Board for inclusion in the Reduction in Force. The RIF rubric is a numerical measure of teacher evaluation, experience, credentials and endorsements, professional attributes and serving in hard to fill positions. Teachers will be grouped according to credential status and rubric scores in descending order. RIFFED employees shall have the option of accepting any part-time position for which they are qualified without jeopardizing their recall status for any full-time position.
Reemployment rights as stated in this policy are effective until the end of each fiscal year. All open positions for which a riffed employee is qualified will be made known to the employee and the Flagstaff Education Association. Vacancies will be offered to highly qualified employees based on the rubric scoring system.
Adopted: April 19, 2011The number and type of certificated staff positions required to implement the District's educational program will be determined by the Board after recommendation from the Superintendent. In the event the Board decides to release certificated staff members, the following guidelines will be in effect:
A. The Superintendent shall submit to the Board recommendations for the termination of specific staff members. The criteria used in formulating these recommendations shall include, but shall not be limited to:
1. Qualifications and certification of staff members to accomplish the District's educational program, including certification requirements for specialty categories and designation as a highly qualified teacher.
2. Overall teaching experience, academic training, and ability.
3. Past contributions to the educational program of the District.
Teacher tenure and seniority shall not be considerations in retention determinations.
Personnel to be released shall be notified as soon as practical.
Adopted: date of Manual adoption
LEGAL REF.:
A.R.S.
15-502
15-503
15-544
A.G.O.
I78-286
CROSS REF.:
GCB - Professional Staff Contracts and Compensation
Teachers desiring to terminate employment with the District shall notify the Superintendent in writing. Notification of resignation shall be made prior to the close of the school year to become effective at the end of the school year.
Only in emergency circumstances should a teacher request release from his contract less than thirty (30) days prior to the beginning of a new school year.
A teacher may request release from his contract during the school year, provided a qualified replacement is available. The teacher shall make such a request to the Superintendent thirty (30) days prior to the desired termination date. A teacher's release from his contract is subject to Board approval.All resignations or requests to be released from contract shall be presented in writing to the Board for approval. A release from an uncompleted contract may be granted contingent upon the availability of a well-qualified, certificated teacher as a replacement.
A teacher who resigns contrary to this policy shall be deemed to have committed an unprofessional act and shall be subject to the penalty as provided under Arizona statutes and State Board of Education regulations.
Adopted: date of
manualManual adoption
District Retirement
Eligibility
District Retirement is available to staff members who meet criteria set by the Arizona State Retirement System. Employees should notify the Superintendent of their decision to retire no later than March 15 of the year of retirement.
Lifetime Athletic Passes
In recognition of service to the District, the Board will issue to each employee who retires from the District a lifetime athletic pass to all athletic events to which the District can authorize free admission for two (2). Such athletic passes shall not be honored for District athletic events held at the facilities of Northern Arizona University.
Continued Insurance Protection
Continued insurance coverage, defined by the Northern Arizona Public Employee Benefit Trust (NAPEBT), is available at the retiree's expense. To be eligible for continued insurance as a retiree, the employee must be benefit eligible at the time of retirement. Retirement dates must coincide between the District and the Arizona State Retirement System.
Dependent coverage may also be continued, at the retiree's expense, during the period the retiree is covered for eligible dependents when the dependent has not reached age sixty-five (65).
The retiree will make arrangements with the business office to make payments for any coverage at the retiree's expense in a timely manner. In the event payment is not received in a timely manner, the insurance coverage will be discontinued.
Phased Retirement
An employee eligible to retire under this section may seek post retirement work as a contracted employee for the year following retirement.
Return to Work Retirees
After the one (1) year of contracted employment under phased retirement, a retiree who wishes to continue to work for Flagstaff Unified School District (FUSD) No. 1 must apply for vacancies for which they qualify. If hired they will be placed on the salary schedule as a new hire per policy. Return to work retirees are subject to limited contracts and will not be granted continuing status. Return to work retirees are not eligible for payout of sick leave.
Individuals hired by FUSD No. 1 that were previous qualified retirees from the District are eligible to receive District health benefits based upon the approved plan requirements and eligibility. Qualified retirees already receiving paid FUSD health insurance benefits are not eligible to receive additional District health benefits.
Adopted: May 22, 2012Retirement Incentive Program
The retirement incentive program is intended to provide a school employee with the opportunity to receive an incremental increase in salary during the final year of employment in exchange for the voluntary release, by the employee, of tenure rights or employee benefit rights accrued during such employment. Such payment must be offered and accepted in the employment contract prior to the beginning of the particular school year in which the retirement incentive pay is to be received.
The employee must apply to the Governing Board, in writing, for the retirement incentive during or before the year prior to the year in which retirement will occur. This application for the retirement incentive may be withdrawn on or before February 1 of the year of retirement.
An employee choosing the retirement incentive shall receive an increase over the regular contractual or scheduled salary in the year before retirement. All legally required deductions, including the employee's contribution to the state retirement fund, will be withheld. The payment shall be calculated as set forth below.
The payment will be based upon the number of years of service to the District.
Number of years Percent Number of years Percent
of service to the of annual of service to the of annual
School District salary School District salary
10 2% 16 8%
11 3% 17 9%
12 4% 18 10%
13 5% 19 11%
14 6% 20 and above 12%
15 7%
Sick Leave Payment upon Retirement
Upon proper and timely application for the retirement incentive program, the District will pay for accumulated sick leave on a graduated scale up to the maximum accumulated amount indicated by the District. Certificated employees will be paid based upon a daily rate established for payment of a day-to-day substitute teacher in the District, and support staff members will be paid based upon a daily rate calculated by multiplying the minimum wage times eight (8) hours. The payment will be made on the following scale:
Number of years Percent Number of years Percent
of service to the of annual of service to the of annual
School District salary School District salary
10 0% 16 30%
11 5% 17 35%
12 10% 18 40%
13 15% 19 45%
14 20% 20 and above 50%
15 25%
No continuing rights are established by this policy. In compliance with established procedure, the Governing Board reserves the right to modify or rescind any policy in accord with its own guidelines.
Adopted: date of Manual adoption
Categories of Misconduct
Certificated staff members may be disciplined for infractions that include, but are not limited to, the following categories:
● Engaging A. Engaging in unprofessional conduct.
● Committing B. Committing fraud in securing appointment.
● Exhibiting C. Exhibiting incompetency in their work.● Neglecting their
D. Exhibiting inefficiency in their work.
E. Exhibiting improper attitudes.
F. Neglecting their duties.
● Engaging G. Engaging in acts of insubordination.
● Engaging H. Engaging in acts of child abuse or child molestation.
● I. Engaging in acts of dishonesty.
● J. Being under the influence of alcohol while on duty.
● Engaging K. Engaging in the illicit use of narcotics or habit-forming drugs.
● Being L. Being absent without authorized leave.
● M. Engaging in discourteous treatment of the public.
● Engaging N. Engaging in improper political activity.● Being
O. Engaging in willful disobedience.
P. Being involved in misuse or unauthorized use of school property.
● Being Q. Being involved in excessive absenteeism.
● Carrying R. Carrying or possessing a weapon on school grounds unless they are peace officers or have obtained specific authorization specific authorization from the appropriate school administrator.
Statutory Requirements
Certificated staff members disciplined under A.R.S. 15-341, A.R.S. 15-539, or other applicable statutes:
● May A. May not be suspended with or without pay for a period exceeding ten (10) school days under A.R.S. 15-341.
● May B. May be suspended without pay for a period of time greater than ten (10) school days or dismissed under Aunder A.R.S. 15-539.
● Shall C. Shall be disciplined under procedures that provide for notice, hearing, and appeal, subject to the requirements of requirements of A.R.S. 15-341 or A.R.S. 15-539, whichever is appropriate.
● ShallD. Shall, if disciplined under A.R.S. 15-539 or other applicable statutes, excluding A.R.S. 15-341, receive notice in notice in writing served upon the certificated staff member personally or by United States registered or certified mail addressed mail addressed to the employee's last-known address. A copy of charges specifying instances of behavior and the acts the acts of omissions constituting the charge(s), together with a copy of all applicable statutes, shall be attached to attached to the notice.
● Shall E. Shall have the right to a hearing in accordance with the following:
■ 1. Suspension under A.R.S. 15-341. The supervising administrator will schedule a meeting not less than two than two (2) days nor more than ten (10) days after the date the certificated staff member receives the notice.
■ 2. Dismissal or dismissal with suspension included under A.R.S. 15-539. A certificated staff member's written s written request for a hearing shall be filed with the Board within ten (10) days after service of notice. The The filing of a timely request shall suspend the imposition of a suspension without pay or a dismissal pending dismissal pending completion of the hearing.
General Provisions for Discipline
Under A.R.S. 15-341
General provisions for discipline are as follows:
● A. Informal consultation. Nothing contained herein will limit a supervising administrator's prerogative to engage in engage in informal consultation with a certificated employee to discuss matters of concern related to the employee's performances performance, conduct, etc.et cetera; however, when it is apparent that disciplinary action toward a certificated employee certificated employee is likely to become a part of the certificated staff member's personnel record as permitted by A.R.S. 15-341, the procedures outlined herein shall be followed.
● B. Persons authorized to impose discipline. Any supervising administrator who is the immediate or primary supervisor primary supervisor of a certificated staff member is authorized to impose a penalty or penalties, short of dismissal. Only Only the Board may dismiss a certificated staff member.
● C. Notice. Any person who is required by this policy to give written notice to any other person affected by this policy this policy may do so by any means reasonably calculated to give the recipient actual knowledge of the notice within notice within a reasonable amount of time. When time is calculated from the date a notice is received, the notice is notice is deemed to be received on the date it is hand delivered or three (3) calendar days after it is placed in the mailthe mail.
● D. Administrative discretion. In adopting these policies /and procedures, it is the intention of the District that they be they be interpreted and applied in a reasonable fashion. The policies and regulations are not intended to restrict or eliminate or eliminate the discretion traditionally afforded to supervising administrators to determine whether discipline is appropriateis appropriate. Supervising administrators are therefore directed to continue to use reasonable discretion in determining in determining whether a particular alleged violation merits discipline.
● E. Right not to impose discipline. The District reserves the right not to discipline a certificated staff member for conduct for conduct that violates this policy.
● F. Definition of work days. For the purposes of this policy, a work day is any day that the District's central administrative central administrative office is open for business.
● G. Additional reasons for discipline. A certificated staff member may be disciplined for conduct that has occurred has occurred but that, at or near the time of misconduct, was not the subject of or identified as a reason for reason for a specific proceeding specific proceeding under this policy.
Procedure for Discipline
Under A.R.S. 15-341
The following procedures will be used to impose any discipline that ( 1) shall become a part of the certificated staff member's personnel record and ( 2) is permitted under A.R.S. 15-341:
Step 1 - Notice:
● Upon A. Upon the supervising administrator's determination of the existence of cause to impose discipline, the supervising the supervising administrator shall notify the certificated staff member of intent to impose discipline. The notice shall The notice shall be in writing and shall be delivered in person or by first-class mail. The notice shall include the include the following:
■ The 1. The conduct or omission on the part of the certificated staff member that constitutes the reason for disciplinefor discipline.
■ A 2. A scheduled meeting time between the supervising administrator and the certificated staff member. Such Such meeting shall be scheduled not more than ten (10) working days after the date the certificated staff certificated staff member receives the notice.
■ A 3. A statement of the disciplinary action the supervising administrator intends to impose, including, if applicableif applicable, the number of days of suspension with or without pay.
■ Copies 4. Copies of any available relevant documentation, at the discretion of the supervising administrator.
Step 2 - Discipline Hearing:
● At A. At the hearing, the supervising administrator shall discuss with the certificated staff member the conduct that warrants that warrants disciplinary action and shall provide the certificated staff member with any appropriate evidence and a and a copy of relevant documentation if not previously provided.
● The B. The supervising administrator shall conduct the hearing in an informal manner, without adherence to the rules of rules of evidence and procedure required in judicial proceedings.
Step 3 - Decision (in writing):
● At the hearing, or within ten (10) working days following the hearing, the supervising administrator shall, in writingin writing, inform the certificated staff member of the decision. If the decision is to impose discipline, written notice written notice of the discipline shall be enclosed. The written notice of the decision shall state that a copy of the noticethe notice, decision, and a record of the disciplinary action shall be placed in the certificated staff member's personnel s personnel file and shall specify the date the discipline shall be imposed unless the certificated staff member files member files a written request for appeal within five (5) working days after the decision is delivered to the certificated staff certificated staff member. If the certificated staff member requests an appeal of the decision, the imposition of any discipline any discipline shall be suspended pending the outcome of the appeal.
Step 4 - Appeal:
● Discipline imposed may be appealed at the next organizational level, in writing, to the appropriate assistant superintendent assistant superintendent or the Superintendent. Only when the discipline is determined by the Superintendent shall the shall the appeal be to the Board, which, at its discretion, may appoint a hearing officer. The appeal shall contain a contain a brief statement of the reasons why the certificated staff member believes the administrator's decision is incorrectis incorrect. Appeal is limited to one (1) organizational level above the level of the supervising administrator who administrator who imposed the discipline.
The appeal shall specifically describe the part of the determination with which the certificated staff member disagrees:
● Determination A. Determination was founded upon error of construction or application of any pertinent regulations or policies.
● Determination B. Determination was unsupported by any evidence as disclosed by the entire record.
● Determination C. Determination was materially affected by unlawful procedure.
● Determination D. Determination was based on violation of any statutory or constitutional right.
● Determination E. Determination was arbitrary and capricious.
● The F. The penalty was excessive.
The supervising administrator, the Superintendent, or, when appropriate, the Board or the Board-appointed hearing officer may, at the conclusion of the appeal, uphold the discipline, modify the decision, or refer the matter back to the level from which it was appealed for rehearing and additional information. Such decision, along with specific direction as to the effective date of any discipline, shall be communicated to the certificated staff member within a reasonable amount of time following the appeal, not to exceed seven (7) working days.
The assigned hearing officer shall, by use of a mechanical device, make a record of the appeal hearing.
This policy, under A.R.S. 15-341, does not apply to dismissal of a certificated staff member except to the extent that the Board may find, subsequent to dismissal proceedings, that a lesser form of discipline as set forth in this policy should be imposed.
Not all administrative actions regarding a certificated staff member are considered "discipline," even though they may involve alleged or possible violations by the certificated staff member. This policy addresses only discipline and has no application to any of the following:
● The A. The certificated staff member evaluation procedure or the resulting evaluations as they pertain to the adequacy the adequacy of the certificated staff member's classroom performance.
● Letters B. Letters or memorandums directed to a certificated staff member containing directives or instructions for future for future conduct.
● Counseling C. Counseling of a certificated staff member concerning expectations of future conduct.
● Nonrenewal D. Nonrenewal of a contract of a certificated staff member employed by the District for less than the major portion of major portion of three (3) consecutive school years (noncontinuing certificated staff member).
General Provisions for Suspension
Without Pay or Dismissal Under
A.R.S. 15-539
Step 1 - Notice:
● The A. The Governing Board, except as otherwise provided by A.R.S. 15-539, shall upon receipt of a written statement written statement of charges from the Superintendent that cause exists for the suspension of a certificated teacher without pay for a period longer than ten (10) school days or dismissal, shall give notice to the teacher of the Boardthe Board's intention s intention to suspend without pay or dismiss the teacher at the expiration of the ten (10) days from the date the date of service of the notice.
■ If 1. If charges presented to the Board for dismissal of a certificated person allege immoral conduct, the charge the charge or a resignation involving such charges shall be reported to the Department of Education.
■ Whenever 2. Whenever the statement of charges by the Superintendent allege immoral or unprofessional conduct as the as the cause for dismissal, the Board may adopt a resolution to file a complaint with the State Department of Department of Education. Pending disciplinary action by the State Board, the certificated teacher may be reassigned by reassigned by the Superintendent or the Governing Board may place the teacher on administrative leave and give notice give notice to the teacher of the administrative leave of absence pursuant to A.R.S. 15-540.
■ As 3. As used in this policy, immoral conduct means any conduct that is contrary to the moral standards of the community the community and that reflects an unfitness to perform the duties assigned to the certificated staff member.
● The B. The Governing Board, upon adoption of a written statement charging a certificated teacher with cause for suspension for suspension without pay or dismissal, may immediately place the teacher on administrative leave of absence and absence and give the teacher notice of the administrative leave of absence.
● Written C. Written notice of the administrative leave of absence shall be served on the teacher personally or by United States United States registered mail addressed to the teacher at the teacher's last known address.
Step 2 – Hearing for Suspension Without
Pay or Dismissal:
● The A. The Governing Board shall decide whether to hold a hearing on the dismissal or suspension of a certificated teacher certificated teacher without pay for a period of time longer than ten (10) days as provided in A.R.S. 15-541.
■ PLEASE CHOSE OPTION - The Governing Board may provide, (A) by policy or (B) vote at its annual organizational meeting organizational meeting, that all hearings conducted pursuant to this section shall be conducted before a hearing officer.
● If B. If the Governing Board decides not to hold a hearing, the Board shall designate a hearing officer to:
■ hold 1. hold the hearing,
■ hear 2. hear the evidence,
■ prepare 3. prepare a record of the hearing, and
■ issue 4. issue a recommendation to the Board for action.
● If C. If the parties cannot mutually agree on a hearing officer, a hearing officer shall be selected by the Governing Board Governing Board from a list provided by the State Department of Education or the American Arbitration Association.
● A D. A hearing held pursuant to A.R.S. 15-541 may not be conducted by any hearing officer having a personal interest personal interest which would conflict with the hearing officer's objectivity in the hearing.
● The E. The hearing shall be held:
■ Not 1. not less than fifteen (15) days, nor
■ Not 2. not more than thirty (30) days.
■ After 3. after the request is filed, unless all parties to the hearing mutually agree to a different hearing date.
● Notice F. Notice of the time and place of the hearing shall be given to the teacher not less than three (3) days before the date the date of the hearing.
● The G. The teacher may request that the hearing be conducted in public or private.● At the
H. The Governing Board shall provide any officer, appointee, or employee to be considered or discussed at a meeting with written notice of the executive session as is appropriate but not less than twenty-four (24) hours for the officer, appointee, or employee to determine whether the discussion or consideration should occur at a public meeting.
I. At the hearing the teacher may appear in person and by counsel, if desired, and may present any testimony, evidence evidence or statements, either oral or in writing, in the teacher's behalf.
● An J. An official record of the hearing, including all testimony recorded manually or by mechanical device, and exhibits and exhibits shall be prepared by the Governing Board or the hearing officer.
● The K. The teacher who is the subject of the hearing may not request that the testimony be transcribed unless the teacher the teacher agrees in writing to pay the actual cost of the transcription.
● Within L. Within ten (10) days after a hearing conducted by the Governing Board the Board shall:
■ determine 1. determine whether there existed good and just cause for the notice of dismissal or suspension, and
■ affirm 2. affirm or withdraw the notice of dismissal or suspension.
● Within M. Within ten (10) days after a hearing conducted by a hearing officer, the hearing officer shall:
■ deliver a written recommendation to the Governing Board that includes findings of fact and conclusions.
● Parties N. Parties to the hearing have the right to object to the findings of the hearing officer and present oral and written arguments written arguments to the Governing Board.
● The O. The Governing Board has an additional ten (10) days to determine whether good and just cause existed for the for the notice of dismissal or suspension and shall render its decision accordingly, either affirming or withdrawing the withdrawing the notice of suspension or dismissal.
■ Good and just cause does not include religious or political beliefs or affiliations unless they are in violation in violation of the oath of the teacher.
Additional Provisions
and Conditions
During the pendency of a hearing, neither the certificated staff member nor the supervising administrator shall contact the Superintendent or a Board member to discuss the merits of the supervising administrator's recommendation or charges and proposed discipline except as provided by this policy. No attempt shall be made during such period to discuss the merits of the charges with the person designated to act as hearing officer.
The Governing Board shall keep confidential the name of a student involved in a hearing for dismissal, discipline, or action on a teacher's certificate, with exceptions as noted in A.R.S. 15-551.
Amendments. The District reserves the right to amend this policy in any way at any time. Any amendment shall have prospective application only.
Severability. If any provision of this policy is held to be invalid for any reason, such action shall not invalidate the remainder of this policy. If any provision of this policy conflicts with any provisions in any other policies adopted by the District, the provisions of this policy shall prevail.
Adopted: February 26, 2013
Teachers Working Under a
Short-Term Certification
A teacher who holds a teaching intern certificate, an emergency teaching certificate or another type of nonstandard certificate, that is valid for one (1) year or less, may be dismissed by the Board effective ten (10) days after delivery of the notice of dismissal to the teacher without complying with the requirements of A.R.S. conditions found in 15-537, 15-538, or 15-541. Notice of the Board’s authority to dismiss pursuant to this shall be included in each teacher's contract.
Adopted: date of Manual adoption
LEGAL REF.:
A.R.S.
13-2911
15-203
15-341
15-342
15-350
15-503
15-507
15-508
15-514
15-536
15-538
15-538.01
15-538.02
15-539
15-540
15-541
15-542
15-543
15-549
15-551
41-770
CROSS REF.:
DKA - Payroll Procedures/Schedules
GCJ - Professional Staff Noncontinuing and Continuing Status
GCO - Evaluation of Professional Staff Members
A regular, full-time employee's position in the District shall be given precedence over any type of outside work or self-employment. Employees are free to carry on individual work or self-employment projects as long as no District facilities, equipment, or school(s) are used, except as provided by policy, and the outside work or self-employment does not interfere with the employees' performance of District-assigned duties.
The outside work or self-employment by a staff member is of concern to the Board insofar as it may:
● Prevent A. Prevent the employee from performing assigned responsibilities in an effective manner.
● Be B. Be prejudicial to proper effectiveness in the position or compromise the District.
● Raise C. Raise a question of conflict of interest - for example, where the employee's position in the District permits access permits access to information or other advantage useful to the outside employer.
Therefore, an employee may not perform any duties related to outside work or self-employment during regular District working hours or during the additional time that is needed to fulfill the responsibilities of the District position. Employees who violate this policy are subject to reprimand, suspension, or termination.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-321
15-341
CROSS REF.:
EDB - Maintenance and Control of Materials and Equipment
KF - Community Use of School Facilities
Except by prior written authorization from the Superintendent:
● School A. School buildings are not to be used for private tutoring or classes for which students pay a fee to a staff member staff member unless a rental contract has been entered into with the District.
● A B. A staff member is not permitted to provide tutoring for pay to any student who attends or is registered in any of the of the staff member's own classes.
Any person contracted by the state or District to provide tutoring services directly to pupils shall be required to obtain a fingerprint clearance card prior to such services being provided.
Adopted: October 28, 2008date of Manual adoption
LEGAL REF.:
A.R.S.
15-534
A.G.O.
R97-023
CROSS REF:
GCF - Professional Staff Hiring
KF - Community Use of School Facilities
LDA - Student Teaching and Internships
The Board has proprietary rights to publications, instructional materials, and devices prepared by employees unless prepared by such employees on their own time and without use of school facilities and/or equipment.
● The A. The Board authorizes the Superintendent to review material prepared by staff members prior to copyright or patent copyright or patent for subsequent publication or distribution, and to recommend waiving all or part of the Board's proprietary s proprietary rights in favor of the employees preparing such materials.
● Any B. Any staff member who submits professional materials for publication in which the District is mentioned will submit will submit all such material to the Superintendent prior to release for publication, including materials developed on developed on the employee's own time.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-341
17 U.S.C. 201
Support staff positions are created only with the approval of the Board. The District will attempt to activate a sufficient number of positions to accomplish the District's goals and objectives.
Before recommending the establishment of any new position, the Superintendent will present a job description for the position that specifies the qualifications, the performance responsibilities, and the method by which the performance of such responsibilities will be evaluated. The establishment of any new position will require Governing Board approval.
The Superintendent will maintain a comprehensive and up-to-date set of job descriptions of all positions in the school system.
Adopted: date of
manualManual adoption
Support staff members are all employees of the District who are not required by state law or by a District policy, regulation, or job description to possess teaching certificates from the Arizona Department of Education for the purpose of performing their jobs, unless they are expressly designated as professional staff members in notices of employment or contracts executed by the Governing Board.
Employment Status
All support personnel are either term employees or at-will employees of the District.
Term employee. A term employee is a support staff member who is employed by the District pursuant to a written contract that specifies the duration of the employment contract, which shall not exceed one (1) year. All support staff members who are not term employees are at-will employees.
At-will employee. An at-will employee is a support staff member who is employed by the District for no specific term and who has no right of continued employment. The employment of an at-will employee may be terminated by action of the Governing Board without advance notice. No employee or Governing Board member shall have the authority to make any agreement or contract to the contrary or any agreement with an at-will employee for any specified period of time. No District policy or regulation or item within the District's handbook is intended to - and shall not operate to - create any property or contract rights inconsistent with the at-will employment status of support staff members.
Compensation
The Superintendent will provide to the Board recommendations on the salaries and benefits of support staff employees in conjunction with the development of the District's annual budget. The Board will determine salaries and benefits of support staff employees annually, differentiated on the basis of duties and responsibilities.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-502
A.A.C.
R7-2-601 et seq.
CROSS REF.:
GDQB - Resignation of Support Staff Members
Adoption of Salary Schedule
A salary schedule shall be adopted by the Board annually. A copy of the adopted salary schedule shall be given to each support staff employee.
Support Staff Salary Schedule
The payroll office must be notified of any change in an employee's status (marital, family, dependents, and so on).
Absences for any cause other than those authorized in this policy will result in proportionate salary reductions.
Extra time under forty (40) hours per week, if any, will be paid at the employee's regular hourly rate.
For nonexempt employees, as that term is defined under the Fair Labor Standards Act, hours worked in excess of forty (40) hours per week (including paid holiday, sick leave, or vacation time) will be paid at one and one-half (1 1/2) times the regular rate, or compensatory time off will be allowed at the rate of one and one-half (1 1/2) times the overtime worked, at the discretion of the building administrator.
All overtime must have prior approval by the Superintendent.
Twelve (12) month support staff whose total regular eight (8) hour shift is between the hours of 10:00 p.m. and 6:00 a.m. will be paid a stipend on a special services contract, to be paid out twice a year, totaling one thousand dollars ($1000). Twelve (12) month support staff who work between the hours of 10:00 p.m. and 6:00 a.m. and who work less than eight (8) hours will receive a prorated stipend based on the percentage of an eight (8) hour shift they actually worked multiplied by one thousand dollars ($1000).
Twelve (12) month support staff who have part of their normal work shift scheduled between the hours of 10:00 p.m. and 6:00 a.m. will be paid a percentage of the one thousand dollar ($1000) stipend on a special services contract, to be paid out twice a year, prorated based on the percentage of time regularly worked between 10:00 p.m. and 6:00 a.m.
Adopted: date of manual(Wages)
Initial Placement
Wages for all new support staff personnel and for all currently employed personnel selected for another position in the District will be recommended by the Superintendent and approved by the Board at the time of employment. The Superintendent's recommendation will be based on consideration of the candidate's qualifications, relevant job experience, and years of District employment, if applicable.
Advancement
Advancements for regular twelve (12) month employees are granted only at the beginning of each fiscal year. Annual increases may be withheld if it is determined the employee does not perform at the expected level or does not meet standards for the job.
An employee must work one (1) day more than one-half (1/2) of the year to receive an advancement in wages.
Adopted: date of Manual adoption
The Superintendent will recommend to the Board an extra-duty pay schedule each year for its the Board's review and action.
Whenever applicable, pay for extra duty must be coordinated with regular pay in accord with the requirements of the Fair Labor Standards Act.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-502
29 U.S.C. 207, Fair Labor Standards Act
CROSS REF.:
GDL - Support Staff Workload
The Governing Board will review support staff fringe benefits each year during the budget process and may modify the benefits to meet the best interest of the District.
Minimum standards of eligibility for fringe benefits will be determined by the Board annually.
Adopted: December 13, 2011date of Manual adoption
LEGAL REF.:
A.R.S.
15-502
REGULATION
PROFESSIONAL STAFF
REDUCTION IN FORCE
Budgetary and Staffing Ratios
Determined for Upcoming Year
Based on projected enrollment, budget and staffing levels, the Superintendent will determine whether a Reduction in Force (RIF) may be necessary. Should it be determined that a RIF is necessary, the Superintendent will make a Board recommendation regarding the possible action.
General Notification of Possible
Reduction in Force to all Staff
The Superintendent will provide notice to all certificated employees regarding the possibility of a RIF. The notice will request employees to notify the District by April 15 if the employee does not intend to return for the following school year. Failure to provide District-wide notice will not create any individual right of action or invalidate the RIF process.
Teacher Evaluations Completed
The Superintendent will notify principals that all teacher evaluations must be completed by a specified date so they may be used in determining which employees will be part of the RIF. For 2011 only, teachers will have the option of using their 2011 evaluations or using an average based upon the 2011 evaluation and the last two (2) previous evaluations. In subsequent years, the current evaluation will be used.
The Reduction in Force Rubric should be completed by the teacher and submitted either in hard copy or electronically to human resources.
Appeal
Once the RIF rubrics are submitted, human resources will compile a list in order of scores. The list will be used to identify the order in which a RIF will take place. Teachers who wish to appeal their placement on the list may contact human resources to begin the appeal process. The process and decision will be arrived at through a group that may include the appealing teacher, a Flagstaff Education Association (FEA) representative, a member of human resources, and a site administrator.
Governing Board Decision
Upon Board approval of the list of teachers to receive a RIF notice, written notification will be delivered personally to the teacher by May 30. In the event of a teacher absence or other situation which prevents a personal delivery, notice will be sent by mail.
(Absent Without Leave)
An employee shall be deemed "absent without leave" when absent from work because of:
● A reason that conforms to a policy currently in effect but the maximum hours/days provided for in that policy will be exceeded; or
● A reason that does not conform to any policy currently in effect; or
● Failure to report off work prior to an absence; or
● Failure to report to work without prior notification to the Superintendent.
In no case shall an employee be compensated for time lost due to being absent without leave.
An employee who is absent from work without prior approval is subject to disciplinary action (see Board Policy GDQD), as is one who was unable to obtain prior approval due to unusual circumstances and such approval is denied upon the employee's return.
Adopted: date of manual adoption
Refer to GCC through GCCE and GCCH; the terms and conditions of these policies apply to support staff personnel unless a written policy stating a contrary intent is included.
REGULATION
RETIREMENT OF PROFESSIONAL /
SUPPORT STAFF MEMBERS
(Certificated Staff)
Compensation for Unused
Accumulated Leave
Based on years of continuous, full-time service:
Years Daily rate for unused leave
Up to fourteen (14) Thirty-four dollars ($34)
Fifteen (15) through twenty-four (24) Fifty-five dollars ($55)
Twenty-five (25) or more Sixty dollars ($60)
Phased Retirement Program
The Governing Board recognizes the value that long-term staff members provide to the School District. In an effort to recognize these contributions to the District, this regulation describes administrative procedure for the implementation of phased retirement through a third (3rd) party contracted employer.
Employees that retire after June 30, 2009 and are eligible to be hired through a third (3rd) party contracted employer, will be allowed to work for one (1) year only as a contracted employee.
Qualifications
Individuals applying to this program must be eligible for retirement from the Arizona State Retirement System. An employee is considered qualified to become a phased retiree if the average of their last three (3) evaluations are at least satisfactory.
Application for this Program
A letter of intent to retire and participate in the program should be received on or before March 15.
Sick Leave/Vacation Days
Contracted employees participating in this program will be provided eleven (11) discretionary days per contract year. These days are noncumulative.
Duties
Certificated contracted employees will be expected to adhere to District policies and procedures as outlined, attending faculty meetings, open house nights, and perform duties required of regularly employed School District employees.
Placement
If enrollment changes necessitate a transfer from a building, the contracted employees will be placed in their existing position. In the event of transfer of staff due to shifting enrollment, the contracted employee may be placed in a position for which the employee is qualified with mutual agreement. District employees will have priority over contracted employees; however, in the event of a reduction in force, placement of contracted employees will take priority over external hiring. Contracted employees will remain, unless they volunteer, and the District-initiated transfer policy shall be followed.
EXHIBIT
EVALUATION OF SUPPORT
STAFF MEMBERS
Definition of Rating Scale Terms
1 = Outstanding
A. Performance exceeds the requirements of the position.
B. Displays high degree of self-motivation.
C. Consistently generates output of superior quality.
2 = Satisfactory
A. Performance is adequate for the requirement of the position; meets expectations of the job.
B. Self-motivation confined to accomplishing assigned tasks.
C. Generates output of acceptable quality.
3 = Improvement needed
A. Performance is not of the quality expected of the position; frequently falls short of job expectations.
B. Frequently lacks motivation to complete assigned tasks.
C. Frequently generates output of poor quality.
4 = Unsatisfactory
A. Performance is definitely inadequate for the position; consistently falls short of job expectations.
B. Lacks self-motivation.
C. Consistently generates output of inferior quality.
REGULATION
RETIREMENT OF PROFESSIONAL /
SUPPORT STAFF MEMBERS
(Administrators)
Compensation for Unused
Accumulated Leave
Based on years of continuous, full-time service:
Pay Class Pay Class
Years 11, 12, 13, 20 & 21 14, 15, 16, 22, 23 & 24
Up to ten (10) $34 $34
Ten (10) - fourteen (14) $55 $70
Fifteen (15) - nineteen (19) $60 $75
Twenty (20) - twenty-four (24) $65 $80
Twenty-five (25) - twenty-nine (29) $70 $85
Thirty (30) or more $75 $90
The District will make available to the administrator until age seventy (70), a term life insurance policy in the amount of fifty thousand dollars ($50,000), with the cost to be paid by the administrator.
Phased Retirement Program
The Governing Board recognizes the value that long-term staff members provide to the School District. In an effort to recognize these contributions to the District, this regulation describes administrative procedure for the implementation of phased retirement through a third (3rd) party contracted employer.
Employees that retire after June 30, 2009 and are eligible to be hired through a third (3rd) party contracted employer will be allowed to work for one (1) year only as a contracted employee.
Qualifications
Individuals applying to this program must be eligible for retirement from the Arizona State Retirement System. An assistant superintendent, associate superintendent, principal, or director may become a contracted employee at the recommendation of the Superintendent and approval of the Governing Board. Assistant principals and lower level administrators/salaried employees may become a contracted employee at the discretion of their immediate supervisor with approval by the Superintendent.
Application for this Program
A letter of intent to retire and participate in the program should be received on or before March 15.
Sick Leave/Vacation Days
Contracted employees participating in this program will be provided twenty (20) discretionary days per contract year. These days are noncumulative.
Duties
Administrative contracted employees will be expected to adhere to District policies and procedures as outlined, and perform duties required of regularly employed School District administrators.
Placement
Contracted administrators will be placed in the position for which they are most qualified, at the discretion of the Superintendent.
EXHIBIT
EVALUATION OF SUPPORT
STAFF MEMBERS
PERFORMANCE RATING REPORT
Employee ____________________________ Department ________________
Supervisor ___________________________ Date of rating _______________
Rating scale:
1 = outstanding 2 = satisfactory 3 = improvement needed 4 = unsatisfactory
1 2 3 4 RATING FACTORS:
[ ] [ ] [ ] [ ] 1. Quality of work: The ability to produce work that satisfies or
surpasses job requirements. Consider accuracy, completeness,
thoroughness, neatness of work.
[ ] [ ] [ ] [ ] 2. Quantity of work: Volume or amount of work done.
[ ] [ ] [ ] [ ] 3. Knowledge: Knowledge of methods, materials, objectives,
and other fundamental information skills.
[ ] [ ] [ ] [ ] 4. Adaptability: Ability to learn, perform under changes and in
emergencies, grasp detail, comprehend differences between
important and trivial.
[ ] [ ] [ ] [ ] 5. Work habits: Organization of work, care of equipment, safety,
industry.
[ ] [ ] [ ] [ ] 6. Working relationship with students and other employees:
Ability to get along with the students and other employees.
[ ] [ ] [ ] [ ] 7. Dependability: Degree to which employee can be relied
upon to do the job without close supervision. Punctuality,
attendance on the job.
[ ] [ ] [ ] [ ] 8. Attitude: Interest in work, willingness to meet job requirements
and accept suggestions, loyalty to the organization, ethical
conduct.
[ ] [ ] [ ] [ ] 9. Personal fitness: Physical capacity, appearance, personal
habits.
[ ] [ ] [ ] [ ] 10. Judgment: Soundness of decisions, common sense.
[ ] [ ] [ ] [ ] OVERALL RATING (average): Should reflect the above ratings.
Number of days absent for any reason ___________ total points____________.
Comments:
1. What are the employee's strengths? ("Outstanding" ratings must be ex-plained in this space.)
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
2. What are the employee's weaknesses? ("Unsatisfactory" and "Improvement Needed" must be explained in this space.)
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
3. General comments:
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
I have discussed this performance rating report with the evaluator.
Employee's signature _____________________________ Date _____________
Evaluator's signature _____________________________ Date _____________
REGULATION
RETIREMENT OF PROFESSIONAL /
SUPPORT STAFF MEMBERS
(Support Staff)
Upon an employee's retirement from the District, all keys, uniforms, and other District property must be returned to the supervisor before the final paycheck is issued or an assessment of the value of the item(s) will be determined, and that amount will be deducted from the final paycheck.
Compensation for Unused Accumulated
Leave - Support Staff
Support Staff members will be compensated at the rate of thirty-four dollars ($34) per day.
Phased Retirement Program
The Governing Board recognizes the value that long-term staff members provide to the School District. In an effort to recognize these contributions to the District, this regulation describes administrative procedure for the implementation of phased retirement through a third (3rd) party contracted employer.
Employees that retire after June 30, 2009 and are eligible to be hired through a third (3rd) party contracted employer will be allowed to work for one (1) year only as a contracted employee.
Qualifications
Individuals applying to this program must be eligible for retirement from the Arizona State Retirement System. An employee is considered qualified to become a phased retiree if the average of their last three (3) evaluations are at least satisfactory.
Application for this Program
A letter of intent to retire and participate in the program should be received on or before March 15.
Sick Leave/Vacation Days
Contracted employees participating in this program who work twelve (12) months will be provided twenty (20) discretionary days per contract year. Contracted employees working less than twelve (12) months will be provided with nine (9), ten (10) or eleven (11) discretionary days consistent with the number of months worked. These days are noncumulative.
Duties
Support staff contracted employees will be expected to adhere to District policies and procedures as outlined, and perform duties required of regularly employed support staff.
Placement
Contracted support staff will be placed in the position for which they are most qualified, at the discretion of their immediate supervisor.
The Superintendent will fill positions of increased responsibility with the best available candidates. Candidates will be considered from both within and outside the District.
A change in assignment shall be considered a promotion to which the job classification or pay grade is greater and shall require Board approval.
Adopted: date of Manual adoption
(Accumulated Leave Assistance Program)
An employee who has depleted accumulated leave, or has a family member with a serious illness/injury, or requires bereavement leave, may request access to the accumulated leave assistance program. The employee must complete the "Accumulated Leave Assistance Request Form" and the "Verification of Serious Illness or Injury Form" and forward to the Director of Human Resources, asking to receive donations of accumulated leave from other employees so as to receive income during the period of serious illness/injury. The "Verification of Serious Illness or Injury Form" will not be required for bereavement leave.
An employee who qualifies for assistance as stated above may also request coverage for a specified number of days for intermittent treatment that is necessitated as a result of the qualifying serious illness or injury.
The donor employee must have fifty (50) or more days of accumulated leave in order to donate accumulated leave, and the donor employee may donate no more than twenty (20) hours of accumulated leave in any contract year. The donor employee will use the "Accumulated Leave Donation Form" to designate the donation on behalf of the employee to receive the donation.
Information regarding a donation shall be considered confidential and shall be communicated by District employees only on a need-to-know basis. An employee will have the option of donating accumulated leave without the receiving employee being knowledgeable of the donor's name.
Except as stipulated below, all donated leave becomes the permanent property of the receiving employee unless said employee is released to return to work earlier than originally stated by the employee's physician and has a balance in excess of ten (10) donated days. Days of leave - not the actual wage of the donor employee - will be donated. Donations will not be allowed to be made to an employee's immediate supervisor or evaluator. No employee shall be eligible for the accumulated leave assistance program after having qualified for long-term disability coverage. Donated days in excess of ten (10) days shall be returned to the donor employees. Donated days will be returned to the donor employee based on the date it was received in the Human Resources Department. Donated days will be used in the order they are received in the Human Resources Department.
Once approved, accumulated leave shall be used in the following order:
● The employee's accumulated leave.
● Donated leave.
● Extended accumulated leave (sub dock), if applicable.
● Full dock.
"Accumulated Leave Donation Forms" shall be available at all work sites. Notification that an employee is eligible for donations shall, at the employee's request, be posted at all work sites for no fewer than fifteen (15) work days.
The employee may donate hours of leave to professional staff members. Donated hours of leave shall be made in increments of four (4) hours only.
Adopted: July 11, 2007The District recognizes the existence of circumstances under which non-job-related, seriously incapacitating, and extended illnesses and injury may exhaust accrued leave of support staff employees. To provide some measure of relief in such situations, a limited mechanism, based upon voluntary transfer of accrued leave, is established. The mechanism will be termed banked sick leave, or a sick leave bank. It is considered of benefit to the District to establish this mechanism because it will reduce the annual accrued sick leave and promote efficiency by ensuring constant service.
Limits:
A. The value of banked sick leave will be limited to the equivalent of one hundred (100) days multiplied by the federal minimum wage rate times eight (8) hours, or less, depending on contributions.
B. No employee shall be entitled to receive banked sick leave by reason of contribution or employment.
C. Each approved applicant is limited to the one-time use of no more than one hundred (100) consecutive days of the available limited sick leave from the sick leave bank in any school year.
D. Additional leave will not be earned/accrued during use of banked sick leave.
E. All unused banked sick leave will expire at the end of each contract year.
Voluntary contributions:
A. Support staff members may voluntarily contribute a maximum of one (1) day of earned/accrued sick leave to the sick leave bank annually. Such contribution must be from the current year's sick leave earned/accrued, the value of which will be determined by the number of days multiplied by the federal minimum wage rate times eight (8) hours.
B. Each staff member contributing leave to the sick leave bank acknowledges an uncoerced, voluntary release of the leave, the value it represents, and that it will not be returned but will expire at the end of the fiscal year in which it is contributed.
C. In case of contributions exceeding the value of the sick leave bank limit, each contribution will be accepted on a first-come, first-served basis by date of signature.
Eligibility (for use of sick leave bank). The approved applicant shall:
A. Be a full-time employee.
B. Have a non-job-related, seriously incapacitating, and extended illness or injury.
C. Have exhausted all earned/accrued leave of any nature or kind.
D. Be presently on unpaid leave status with the District.
E. Not be eligible for disability benefits, including but not limited to Social Security, provided at District expense.
F. Be one whose return to duty is projected to occur within a period no longer than six (6) months.
G. Submit an application, which shall be received by the District office within ten (10) days following the applicant's beginning unpaid leave status.
Application:
A. The application must be in writing.
B. The application must be supported by a physician's statement confirming the conditions required for receipt of sick leave bank assistance.
C. Data in the application shall include the nature of the illness, the diagnosis, and the prognosis for return to duty.
Determining eligibility:
The Superintendent shall receive the applications and shall screen for and determine eligibility.
No continuing rights are established by this policy. In compliance with established procedure, the Governing Board reserves the right to modify or rescind any policy in accord with its own guidelines.
Adopted: date of Manual adoption
LEGAL REF.:
A.G.O.
I91-027
REGULATION
SUPPORT STAFF VOLUNTARY
TRANSFER OF ACCRUED SICK LEAVE
(Medical Leave Assistance Program)
An employee who has depleted all accumulated sick and personal leave and has a serious illness/injury, or who has a family member with a serious illness or injury, may ask to receive donations of sick leave from other employees through the medical leave assistance program in order that the ill/injured employee may avoid loss of salary during the period of serious illness or injury.
The request shall be made through the following procedure:
● The employee shall complete a "Medical Leave Assistance Request Form" and submit it, along with a completed "Verification of Serious Illness or Injury Form," to the director of personnel. A serious illness/injury shall require a physician's verification and must require more than ten (10) work days' absence for the same illness/injury within the school year.
● If indicated by the employee on the "Medical Leave Assistance Request Form," the director of personnel or designee shall post in appropriate locations throughout the District the "Medical Leave Assistance Program Information Notice."
● Any employee wanting to make a donation must designate the donation on behalf of the employee to receive the donation on a "Sick Leave Donation Form" obtained from the personnel office.
● The donor employee must submit the "Sick Leave Donation Form" to the director of personnel no later than fifteen (15) working days from the date the informational notice is issued.
● The director or designee shall either approve or disapprove each donation. If more hours are donated than are approved on the request form, the director shall hold the donation until it becomes known that the employee does not need more hours to cover the illness/injury. Donated hours in excess of twenty (20) hours shall be returned to the donor employees on a prorated basis in proportion to the number of hours donated, rounded to the nearest one-half (1/2) hour.
● The director of personnel shall notify donating employees whether their donations have been approved or disapproved.
Limitations on donation:
● The employee must make any donation voluntarily.
● A donor employee must have at least fifty (50) hours of accumulated leave in order to donate.
● A donor employee may donate no more than twenty (20) hours of sick leave in any contract yearApplication Screening Committee
A committee consisting of one (1) staff member from each building and one (1) from the central staff selected by the support staff and an administrator appointed by the Superintendent shall review each application and submit a recommendation to the Superintendent. The applications are to be reviewed in accord with the guidelines found in policy and as presented below:
A. The application must be in writing.
B. The application must be supported by a physician's letter confirming the conditions required for receipt of sick leave bank assistance.
C. Data in the application shall include the nature of the illness, diagnosis, and prognosis for return to duty.
D. The application shall be received by the District office within ten (10) days following the beginning of the applicant's unpaid-leave status.
For approval, the applicant shall:
A. Be a full-time employee.
B. Have a non-job-related, seriously incapacitating, and extended illness or injury.
C. Be presently on unpaid-leave status with the District.
D. Not be eligible for disability benefits, including but not limited to Social Security, provided at District expense.
E. Be one whose return to duty is projected to occur within a period no longer than six (6) months.
F. Submit an application, which shall be received by the District office within ten (10) days following the beginning of the applicant's unpaid-leave status.
Vacations
Twelve-months employees will earn vacation time at the following rates:
● One (1) through four (4) years of service earn ten (10) days of vacation time per year.
● Five (5) through nine (9) years of service earn fourteen (14) days of vacation time per year.
● Ten (10) through sixteen (16) years of service earn seventeen (17) days of vacation time per year.
● Seventeen (17) years of service and beyond earn twenty (20) days of vacation time per year.
An employee working one-half (1/2) time will accrue vacation at one-half (1/2) times the rate.
Vacation time may be accrued, but not used until an employee has worked for six (6) months. An employee may use accrued vacation time after six (6) months of employment, but vacations must be at the convenience of the District. An employee who resigns or is dismissed before the end of six (6) months of employment will be granted no vacation time.
Vacations will be arranged with the employee's immediate supervisor and at the convenience of the District.
Vacation time will be accumulated between July 1 and June 30. It must be used before the end of the following fiscal year unless prior written approval by the Superintendent or designee has been granted. Such accumulated of vacation time may be granted for up to six (6) months. Unused portions will not accumulate for more than six (6) months.
Employees working less than twelve (12) months of the year are not eligible for vacation.
Twelve-months employees working less than twenty (20) hours a week are not eligible for vacation.
Violation or misuse of any leave policy will result in disciplinary action.
If an employee moves to a twelve-months position after serving in a nine-, ten-, or eleven-months position, the employee will be granted vacation on the basis of the total years of service with the District.
Calling Off
Support staff members shall complete and file a Leave Request Form, for vacation, with the building principal or immediate supervisor prior to the anticipated absence. Support staff members, except Transportation employees, must call off through the District's substitute management system. When calling off employees shall endeavor to call the substitute management system before 6:30 a.m. of the day the vacation time begins. Support staff members will NOT request a substitute on the District's substitute management system. Call (928) 527-6089 in order to report an absence on the substitute management system.
Transportation employees call the Transportation department to report an absence.
Failure of a staff member to call off for vacation leave shall result in the forfeiture of salary and accumulated vacation leave equaling the days taken for vacation leave.
Adopted: date of manual All regular twelve (12) month support staff employees shall accumulate vacation with pay at the rate of one (1) working day per month during the first year of employment. Thereafter, vacation shall be accumulated at the rate of one and one-fourth (1-1/4) working days per month, with the accumulated maximum of fifteen (15) days, at which time no more vacation can be earned. As accumulated vacation days are used and drop below fifteen (15) days, an eligible employee may again accumulate vacation up to the maximum limit. Vacations shall be taken as approved by the Superintendent.
Employees shall be entitled to all legal holidays during the school year as announced by the Superintendent and in conformance with Arizona Revised Statutes. Uncompensated days off will be established by the Board and noted on each year's school calendar.
Adopted: date of Manual adoption
Rights of Administrators
The Board agrees that every administrator shall have the right to freely organize, join, and support the administrators' organization and its affiliates. The term administrator means a person holding a certificate from the State Board of Education and serving in one of the following positions: principal, assistant principal, or supervisor. The Board agrees that it shall not directly or indirectly discourage or deprive or coerce any administrator in the exercise of any rights conferred by law, and shall not discriminate against any administrator with respect to hours, wages, or any terms or conditions of employment by reason of membership in the administrators' organization and its affiliates.
Nothing contained in this policy shall be construed to deny or restrict to any administrator any such rights as may be available under applicable laws and regulations. The rights granted to administrators hereunder shall be deemed in addition to those provided elsewhere.
An administrator shall not be disciplined or reduced in rank or compensation without just cause. Any such action taken by the Board, or any agent or representative thereof, shall be subject to the provisions of A.R.S. 15-341(A)(26) and 15-531.
Accepting the responsibility for such a decision, both legal and professional, an administrator may choose to refuse to carry out an administrative order or directive that may threaten or jeopardize the health or safety of the administrator, a student, or other individuals in the exercise of assigned duties or is contrary to reasonable health or safety standards.
With the exception of such things as misdemeanors, criminal charges, or violation of the American Association of School Administrators (AASA) Statement of Ethics for School Administrators, the Board shall attempt to confine its assessment or evaluation of an administrator to the performance of contractual responsibilities.
Within the judgment of the Superintendent, any complaint directed against an administrator should be communicated to the administrator involved. Dismissal proceedings shall not be initiated against an administrator unless the administrator has had notification and the opportunity to respond to any complaint. Dismissal proceedings shall not be taken by the Superintendent solely on the basis of hearsay or anonymous complaint.
The Board agrees that no administrator shall be discriminated against by the District on the basis of race, color, religion, sex, age, national origin, sexual orientation and disability in hiring and firing; compensation; fringe benefits; classifying, referring, assigning, or promoting administrators; extending or assigning use of facilities; training; retraining; or any other terms, conditions, or privileges of employment.
Adopted: April 23, 2013
It shall be the policy of the District to employ and retain the best qualified personnel. This will be accomplished by giving careful consideration to qualifications and by providing competitive wages within the financial capabilities of the District, adequate facilities, and good working conditions.
Recruitment of support staff personnel is the responsibility of the Superintendent. Other members of the administration and supervisory staff will assist as responsibilities are delegated by the Superintendent.
The Board adopts the following general criteria and procedures, which shall be utilized in the selection process for initial employment:
● There A. There will be no discrimination in the hiring process due to race, color, religion, sex, age, national origin, sexual orientation and or disability of an otherwise qualified individual.
● Candidates B. Candidates for all positions shall be physically and mentally able to perform the duties of the position job descriptions for which they have applied.
● Each C. Each candidate shall be requested to complete a consent-and-release form regarding conduct of a background investigation.
● A D. A "background investigation" - consisting of communication with the applicant's (or employee's) former employer that concerns education, training, experience, qualifications, and job performance for the purpose of evaluation for employment - shall be conducted on each individual to be considered for a recommendation of employment. Forms developed for this purpose are to be used.
Any employee's misstatement of fact that is material to qualifications for employment or the determination of salary shall be considered by the Board to constitute grounds for dismissal.
A district may hire and place a noncertificated employee into service before receiving the results of the mandatory fingerprint check or a fingerprint clearance card has been issued or denied. However, until fingerprint clearance has been received, an applicant who is required or allowed to have unsupervised contact with pupils cannot be hired and placed into service until:
● The A. The District documents in the applicant's file the necessity for hiring and placing the applicant into service before service before a fingerprint check can be completed or a fingerprint clearance card is issued or denied.
● The B. The District obtains from the Department of Public Safety a statewide criminal records information check on on the applicant. Subsequent criminal records checks are also required every one hundred twenty (120) days days until the date that the fingerprint check is completed or the fingerprint clearance card is issued or denied.
● The C. The District obtains references from the applicant's current employer and two (2) most recent previous previous employers, except that for applicants who have been employed for at least five (5) years by the most most recent employer, only references from that employer are required.
● The D. The District provides general supervision of the applicant until the date the fingerprint check is completed or the fingerprint clearance card is issued or denied.
Upon recommendation for employment the District shall confirm employment authorization and employment eligibility verification by participating in the E-Verify program of the Department of Homeland Security's (DHS) U.S. Citizenship and Immigration Services Bureau (USCIS) and the Social Security Administration (SSA) and shall have the employee complete the necessary parts of an Employment Eligibility Verification Form I-9 and provide acceptable documents as required before the employee begins any work for the District. The District will then complete the Form I-9 as required and maintain the form with copies of the necessary documents and documentation of the authorization and verification pending any inquiry.
The District reports to the Superintendent of Public Instruction on June 30 and December 31 the number of applicants hired prior to the completion of a fingerprint check or the issuance of a fingerprint clearance card and the number of applicants for whom fingerprint checks or fingerprint clearance cards have not been received after one hundred twenty (120) days and after one hundred seventy-five (175) days of hire.
The District may provide information received as a result of a fingerprint check required by section 15-512 to any other school district if requested to do so by the person who was the subject of the fingerprint check or communicate to any school district if requested to do so by the person who applied for a fingerprint clearance card whether the person has been issued or denied a fingerprint clearance card. A copy of any written communication regarding employment must be sent by the employer providing the information to the former employee's last known address.
Any person who permits unauthorized access to criminal history record information, releases criminal history record information, or procures the release or uses criminal history record information other than in accord with A.R.S. 41-1750 is guilty of a class 6 felony.
Adopted: April 23, 2013date of Manual adoption
LEGAL REF.:
A.R.S.
13-3716
15-502
15-512
23-211
23-212
23-1361
38-201
38-481
41-1756
CROSS REF.:
GDFA - Support Staff Qualifications and Requirements
(fingerprinting requirements)
REGULATION
SUPPORT STAFF HIRING
Definition
A A background investigationis is defined as any communication with an applicant's (or employee's) former employer that concerns the education, training, experience, qualifications, and job performance of the individual and that is used for the purpose of evaluation for employment. Background investigation does not include the results of any state or federal criminal history records check.
Background Investigation Requirements
Only persons designated by the Superintendent shall perform background investigations. Prior to contacting former employers or other persons, the background investigator shall:
● Ascertain A. Ascertain that the standard employment application for the type of position has been completed in full.
● Obtain B. Obtain from the individual a consent to background investigation and release as determined by the District.
● Make C. Make certain that the individual has identified at least two (2) persons from each past employer who can verify basic verify basic job information and discuss the individual's work performance and reason for leaving.
● Examine D. Examine the application for a complete work history, accounting for any gaps in employment.
Two (2) persons should be contacted at each past employer if possible (any exceptions should be documented). Upon making contact, the contacts or the former employer or employer's agent should be provided the following information:
● The A. The name and identifying information of the District.
● The B. The name of the District representative making the inquiry and how the representative can be contacted.
● The C. The name of the former employee and period of employment as indicated by the individual whose background is background is being investigated.
● The D. The position for which the individual has applied, with descriptive information as to the duties, if requested or necessary or necessary to understanding of the inquiry.
The background investigator shall:
● Ask A. Ask the questions, and complete the background check form(s) as provided by the District.
● Make B. Make impression notes as necessary based upon the questions and responses, and determine if there may be may be cause to contact others or make further inquiries based upon the responses.
● Provide C. Provide the information to the Superintendent.
REGULATION
SUPPORT STAFF CONTRACTS
AND COMPENSATION
Nonretention of an employee after expiration of appointment is not disciplinary in nature and is not an action subject to grievance or to hearing or appeal under this policy. Further employment after expiration of an appointment shall be at the discretion of the Governing Board.
After notification from the supervisor, the Superintendent (on behalf of the Governing Board) will inform the employee by letter of the noncontinuation of employment.
EXHIBIT
SUPPORT STAFF HIRING
NOTICE OF EMPLOYMENT
You are hereby notified that, pursuant to action taken at a meeting of the Flagstaff Unified School District No. 1 _______________ Governing Board held on (1) , you have been employed for the position of (2) , beginning (3) , at the rate of (4) per hour. A work schedule for the position is enclosed, which includes information on holidays and nonwork days.
Your employment may be terminated by the District without advance notice. No legitimate expectation of continued employment is created by this employment, understandings with the Board or its agents, or interpretations of Board policies. You are expected to comply with the requirements of the job description and Board policies while employed by the District.
__________________________________ _____________________
Employee Signature Date
__________________________________ _____________________
Superintendent Signature Date
Key to numbers in blanks:
(1) Date of meeting
(2) Title of position
(3) Date that duties begin
(4) Hourly rate of pay
EXHIBIT
SUPPORT STAFF HIRING
WAGE NOTICE
You are hereby notified that, pursuant to action taken at a meeting of the Flagstaff Unified School District No. 1 Governing Board held on (1) , your wages have been set at the rate of (2) per hour, effective on (3) .
__________________________________ _____________________
Employee Signature Date
__________________________________ _____________________
Superintendent Signature Date
Key to numbers in blanks:
(1) Date of meeting
(2) Hourly rate of pay
(3) Effective date of hourly pay
REGULATION
SUPPORT STAFF
SALARY SCHEDULES
Salary Placement
For the 1999-2000 school year, each staff member continuously employed prior to September 1, 1998, shall be credited with one full step increase beyond the step occupied for the 1998-1999 school year. Each staff member employed between September 1, 1998, and February 1, 1999, will be credited with a one-half (1/2) step increase. No staff member shall be placed on a quarter step.
Each cell of the 1998-1999 salary schedule shall be increased by one and eight tenths percent (1.8%) effective July 1, 1999.
Reclassification
The District and Flagstaff Educational Support Association (FESA) will form two (2) reclassification committees. Reclassification as described below will be utilized during the 1999-2000 school year unless the District and FESA mutually agree to use some other format.
Individual reclassification. A six (6) member committee will include three (3) appointed by FESA and three (3) appointed by the Superintendent. Recommendations may be for individuals who are misclassified with respect to position. Not more than twenty percent (20%) of the funds available for reclassification may be used for individual reclassification.
The committee shall recommend the time line, charge/process, and criteria for selection to the Interested Based Bargaining committee for approval prior to October 1, 1999 or as soon thereafter as possible. All recommendations for individual reclassification shall be made to the Superintendent and the Governing Board prior to February 1, 2000, or as soon thereafter as can reasonably be accomplished.
Group reclassification. A fourteen (14) member committee will include seven (7) appointed by FESA and seven (7) appointed by the Superintendent to recommend group salary reclassification to the Superintendent and the Governing Board. Recommendations may be for positions that are inappropriately placed on the salary schedule. Not less than eighty percent (80%) of the funds available for reclassification may be used for group reclassification.
The committee shall recommend the time line, charge/process, and criteria for selection to the Interested Based Bargaining committee for approval prior to October 1, 1999, or as soon thereafter as possible. All recommendations for group reclassification shall be made to the Superintendent and the Governing Board prior to February 1, 2000, or as soon thereafter as can reasonably be accomplished.
The reclassification committees shall continue for 1999-2000. Funding for 1999-2000 reclassifications shall be ninety thousand dollars ($90,000). All reclassification shall be retroactive to July 1, 1999.
EXHIBIT
SUPPORT STAFF HIRING
CONSENT TO CONDUCT BACKGROUND
INVESTIGATION AND RELEASE
I, ______________________________________ [applicant's name], have applied for employment with the Flagstaff Unified _________________________ School District to work as a ______________________________ [job title]. I understand that in order for the School District to determine my eligibility, qualifications, and suitability for employment, the School District will conduct a background investigation to determine if I am to be considered for an offer of employment. This investigation may include asking my current employer, any former employer, and any educational institution I have attended about my education, training, experience, qualifications, job performance, professional conduct, and evaluations, as well as confirming my dates of employment or enrollment, position(s) held, reason(s) for leaving employment, whether I could be rehired, reasons for not rehiring (if applicable), and similar information.
I hereby give my consent for any employer or educational institution to release any information requested in connection with this background investigation.
According to the Family Educational Rights and Privacy Act, I understand that I have a right to see most education records that are maintained by any educational institution.
In light of the preceding paragraph, I waive ________/do not waive ________ (initial only one [1]) my right to see any written reference or other information provided to the School District by any educational institution.
According to Arizona Revised Statutes Section 23-1361, any employer that provides a written communication to the School District regarding my current or past employment must send me a copy at my last known address. I acknowledge that some employers are unwilling to provide factual written references concerning a current or past employee unless they may do so confidentially, without revealing the references to the employee, and that the School District will not further consider my application if it cannot complete its background investigation.
In light of the preceding paragraph, I waive ________/do not waive ________ (initial only one [1]) my right to receive a copy of any written communication furnished to the School District by any employer.
Whether or not I have waived my right to see or to receive copies of written references furnished to the School District by employers or educational institutions, I release, hold harmless, and agree not to sue or file any claim of any kind against any current or former employer or educational institution, and any officer or employee of either, that in good faith furnishes written or oral references requested by this School District to complete its background investigation.
A photocopy or facsimile ("fax") copy of this form that shows my signature shall be as valid as an original.
DATED this ____________ day of __________________________, 20___.
____________________________ ____________________________
Witness Applicant
EXHIBIT
SUPPORT STAFF HIRING
BACKGROUND CHECK FORM
Applicant ________________________________ Date _______________
Person contacted _________________________ Telephone Telephone ___________
Address Address _______________________________________________________
E-mail address __________________________________________________
Relationship to applicant:
◻ Former [ ] Former employer - position position ___________________________________ District
District, business, or other entity entity _______________________________ ◻ Personal
[ ] Personal reference
Method of contact: ◻ Telephone ◻ Letter ◻ Other [ ] Telephone [ ] Letter [ ] Other ____________________
QUESTIONS FOR EMPLOYERS
Dates of employment _____________________________________________
Position held ___________________________________________________
Final rate of pay _________________________________________________
Was the person reliable? ______ If no, explain ________________________
Was the person satisfactory? ______ If no, explain _____________________
Any concern about the person being
late to work without authorization? ___________________________________
If yes, explain ___________________________________________________
Any concern with abuse of leave policies
(such as sick leave or personal leave)? _______________________________
If yes, explain ___________________________________________________
Any difficulty establishing commu-
nication and rapport with children? ___________________________________
If yes, explain ___________________________________________________
Any difficulties in establishing communication and rap-
port with supervisors, parents, or community members? __________________
If yes, explain ___________________________________________________
Did the person ever receive a written counseling
statement, letter of direction, or reprimand? ____________________________
If yes, describe __________________________________________________
Did the District ever consider taking action or take action
to suspend, decline to renew, or dismiss the employee? __________________
If yes, describe __________________________________________________
Was there ever an allegation or complaint about:
Abusive language? _______________________________________________
Insulting or derogatory comments? __________________________________
Inappropriate contact with a child? ___________________________________
Verbal or physical contact of a sexual nature? __________________________
Dishonesty? ____________________________________________________
Substance abuse? _______________________________________________
Failure to provide adequate supervision? ______________________________
Failure to follow reasonable directions or instructions? ___________________
If yes on any of the above, get explanation ____________________________
_______________________________________________________________
Was the person ever involved in an incident
that resulted in injury to an adult or child? ______________________________
If yes, explain explain ____________________________________________________
Would you rehire this person? _______________________________________
_______________________________________________________________
Can you identify anyone else who could provide relevant infor-
mation regarding the applicant's fitness for employment? __________________
_______________________________________________________________
Is there any other information I have not asked about that
would help us determine this person's eligibility, qualifi-
cations, and suitability for employment with our District? __________________
_______________________________________________________________
QUESTIONS FOR PERSONAL REFERENCE
How long have you known the applicant? ______________________________
What is the nature of your relationship? _______________________________
Why do you think the applicant would be a good choice for this position?
_______________________________________________________________
Do you know of any reasons that could prevent the ap-
plicant from fulfilling the functions of the position? _______________________
_______________________________________________________________
Background check form completed by ________________________________
Date completed __________________________________________________
EXHIBIT
SUPPORT STAFF HIRING
PROCEDURES AND PRACTICES FOR EMPLOYMENT AUTHORIZATION
AND EMPLOYMENT ELIGIBILITY VERIFICATION
Anti-Discrimination Notice. It is illegal to discriminate against any individual (other than an alien not authorized to work in the U.S.) in hiring, discharging, or recruiting or referring for a fee because of that individual's national origin or citizenship status. It is illegal to discriminate against work eligible individuals. Employers cannot specify which document(s) they will accept from an employee. The refusal to hire an individual because of a future expiration date may also constitute illegal discrimination.
Employment Authorization
Procedure
Arizona schools must use the federal government's Basic Pilot Program to verify the employment authorization of all newly hired employees.
The Department of Homeland Security's (DHS) U.S. Citizenship and Immigration Services Bureau (USCIS) and the Social Security Administration (SSA) are jointly conducting E-Verify, formerly known as the Basic Pilot. E-Verify involves verification checks of the SSA and DHS databases, using an automated system to verify the employment authorization of all newly hired employees.
There are four (4) types of access to E-Verify: As an employer, as a designated agent for employers, as a multi-location corporate administrator, or through a web service.
Users can access the web-based access methods using any Internet-capable Windows based personal computer and a web browser of Internet Explorer 5.5 or Netscape 4.7 or higher (with the exception of Netscape 7.0).
To participate, an employer must register online and accept the electronic Memorandum of Understanding (MOU) that sets forth the responsibilities of the SSA, USCIS and the employer.
The following e-mail address will allow navigation to both instructions and forms for the I-9 for verifying the identity and employment authorization of individuals hired for employment in the United States:
Form I-9 may be completed as soon as the employer has offered the individual a job and the individual has accepted the offer. Each newly hired employee must complete and sign Section 1 of Form I-9 no later than his or her first day of employment.
If you need assistance in completing the registration process or need additional information relating to E-Verify, please call the Office of Verification toll free at 1-888-464-4218.
I-9 Form Completion
The Immigration Reform and Control Act of 1986 (IRCA) requires that all new employees, both regular and casual, establish their eligibility for employment in the United States. This federal law applies to U.S. citizens as well as to foreign nationals.
The Employment Eligibility Verification (Form I-9) must be completed as follows:
Section 1. Employee Information and Attestation
Employees must complete and sign Section 1 of Form I-9 no later than the first day of employment, but not before accepting a job offer.)
Section 2. Employer or Authorized Representative Review
and Verification
Employers or their authorized representative must complete and sign Section 2 within three (3) business days of the employee's first day of employment.
REGULATION
SUPPORT STAFF
FRINGE BENEFITS
Safety Boot Protection
The Superintendent shall establish procedures that provide for support staff employees, who are required to wear safety boots, to obtain safety boots one (1) time per year required in the line of duty. The District shall expend up to one hundred seventy-five dollars ($175) per year per qualified worker for safety boots. A purchase order with the names of qualified workers will be made to a vendor using proper purchasing procedures. Qualified workers will obtain safety boots from the identified vendor at District expense for a cost no more than one hundred seventy-five dollars ($175) per year. Additional cost beyond one hundred seventy-five dollars ($175) will be at the employee's own expense.
Employee Assistance Program
The Board, aware that staff members often face personal problems that can not be handled alone, recognizes that behavioral and/or medical problems can greatly affect staff members' effectiveness in their professional responsibilities.
The following objectives will apply to the establishment of any program proposed for staff members:
● To motivate employees to seek help before personal problems reach severe or chronic stages.
● To retain valued employees.
● To restore employee productivity and enable them to lead meaningful and happy lives.
● To assist employees in seeking help in a highly confidential manner.
Athletic Passes
Passes to District-sponsored athletic events shall be issued to all employees on a yearly basis. Athletic passes shall be limited to the employee and one (1) guest. The pass shall be nontransferable. Athletic passes shall not be honored for District athletic events conducted upon the campus of Northern Arizona University.
(Fingerprinting Requirements)
All newly hired noncertificated District personnel - and personnel who are not paid employees of the District and who are not either the parents or the guardians of students who attend school in the District but who are required or allowed to provide services directly to students without the supervision of a certificated employee - shall be fingerprinted as a condition of employment, except for the following:
● Personnel A. Personnel who are required as a condition of licensing to be fingerprinted if the license is required for employmentfor employment.
● Personnel B. Personnel who were previously employed by the District and who reestablished employment with the District the District within one (1) year after the date that the employee terminated employment with the District.
The School District may require noncertificated personnel and personnel who are not paid employees of the School District and who are not either the parent or the guardian of a pupil who attends school in the School District but who are required or allowed to provide services directly to pupils without the supervision of a certificated employee to obtain a fingerprint clearance card as a condition of employment.
For the purposes of this policy, supervision means under the direction of and, except for brief periods of time during a school day or a school activity, within sight of a certificated employee when providing direct services to students.
If the School District does not require a fingerprint clearance card as a condition of employment, noncertificated personnel and personnel who are not paid employees of the School District and who are not either the parent or the guardian of a pupil who attends school in the School District but who are required or allowed to provide services directly to pupils without the supervision of a certificated employee may apply for a fingerprint clearance card. A school district may release the results of a background check or communicate whether the person has been issued or denied a fingerprint clearance card to another school district for employment purposes.
The District may fingerprint or require any other employee of the District to obtain a fingerprint clearance card, whether paid or not, or any other applicant for employment with the School District not otherwise required by law. The District may not charge the costs of the fingerprint check or fingerprint clearance card to the fingerprinted applicant or nonpaid employee.
The candidate's fingerprints shall be submitted, along with the form prescribed in GDFA-E, within twenty (20) days after being selected. The form shall be considered a part of the application for employment. The District may terminate an employee if the information on the affidavit required by A.R.S. 15-512 is inconsistent with information received from the fingerprint test results.check or the information received in connection with a fingerprint clearance card application.
School Bus Drivers – An applicant shall submit an Identity Verified Fingerprint Card as described in A.R.S. 15-106 that the Department of Public Safety shall use to process the fingerprint clearance card as outlined in A.R.S. 15-106. A person who is issued a school bus driver certificate shall maintain a valid Identity Verified Fingerprint Clearance Card for the duration of any school bus driver certification period.
The District will assume the cost of fingerprint checks or fingerprint clearance card applications but will assess the employee a charge of thirty dollars ($30), to be automatically deducted from the employee's first three (3) paychecks at ten dollars ($10) per paycheck.for charges incurred. Personnel who are not paid employees will not be charged for fingerprint costs.
Individuals shall certify on the prescribed notarized forms whether they are awaiting trial on or have ever been convicted of or admitted in open court or pursuant to a plea agreement committing any of the following criminal offenses in Arizona or similar offenses in any other jurisdiction:
● Sexual A. Sexual abuse of a minor.● Incest
B. ● First Incest.
C. First- or second-degree murder.
● KidnappingD. Kidnapping.● Arson
E. ● Sexual Arson.
F. Sexual assault.
● Sexual G. Sexual exploitation of a minor.
● Felony H. Felony offenses involving contributing to the delinquency of a minor.
● I. Commercial sexual exploitation of a minor.
● Felony J. Felony offenses involving sale, distribution, or transportation of, offer to sell, transport, or distribute, or conspiracy or conspiracy to sell, transport, or distribute marijuana or dangerous or narcotic drugs.
● Felony K. Felony offenses involving the possession or use of marijuana, dangerous drugs, or narcotic drugs.
● Misdemeanor L. Misdemeanor offenses involving the possession or use of marijuana or dangerous drugs.
● M. Burglary in the first degree.
● Burglary N. Burglary in the second or third degree.
● Aggravated O. Aggravated or armed robbery.● Robbery
P. ● A Robbery.
Q. A dangerous crime against children as defined in A.R.S. 13-604705.01.● Child
R. Child abuse.
● Sexual S. Sexual conduct with a minor.
● Molestation T. Molestation of a child.● Manslaughter
U. ● Aggravated Manslaughter.
V. Aggravated assault.
● W. Assault.
● Exploitation X. Exploitation of minors involving drug offenses.
A person who makes a false statement, representation, or certification in any application for employment with the School District is guilty of a class 3 misdemeanor.
The District may refuse to hire or may review or terminate personnel who have been convicted of or admitted committing any of the criminal offenses above or a similar offense in another jurisdiction. In conducting a review, the Governing Board shall utilize the guidelines, including the list of offenses that are not subject to review, as prescribed by the State Board of Education pursuant to A.R.S. 15-534. In considering whether to hire or terminate the employment of a person, the Governing Board shall take into account the factors listed in A.R.S. 15-512.
When considering termination of an employee pursuant to A.R.S. 15-512, a hearing shall be held to determine whether a person already employed shall be terminated.
The Superintendent shall develop and implement procedures that include the following in the employment process:
● Provide A. Provide for fingerprinting of employees covered under this policy and A.R.S. 15-512.
● Provide B. Provide for fingerprint checks pursuant to A.R.S. 41-1750
C. ● Provide Provide for properly assessing employees for fingerprint checks and depositing said funds with the county treasurercounty treasurer.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-106
15-512
23-1361
41-1750
CROSS REF.:
EEAEA – Bus Driver Requirements, Training, and Responsibilities
GDF - Support Staff Hiring
GDG - Part-Time and Substitute Support Staff Employment
JLIA - Supervision of Students
EXHIBIT
SUPPORT STAFF QUALIFICATIONS
AND REQUIREMENTS
_____________________________________ ___________________________
Name (typed or printed) Position Position
I, ___________________________________, being duly sworn, do hereby certify that I have never been convicted of or admitted in open court or pursuant to a plea agreement committing, and am not now awaiting trial for committing, any of the following criminal offenses in the state of Arizona or similar offenses in any other jurisdiction:
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_______________________________ _________________________________
Employee
signature Date signed
Subscribed, sworn to, and acknowledged before me by _______________________
______________________________, this ______ day of ____________, 20____,
in _____________________________ County, Arizona.
My Commission Expires
__________________________ _____ _________________________________
Notary Public
(Classified Staff)
Earned Paid Sick Time
Earned Paid Sick Time (EPST) for District personnel is a designated amount of compensated leave that is to be granted to a staff member who, through personal or family illness, injury, or quarantine, is unable to perform the duties assigned.
Each staff member shall accrue Earned Paid Sick Time at a rate of one (1) hour per thirty (30) hours worked. Staff shall not be entitled to accrue or use more than forty (40) hours of Earned Paid Sick Time per year. The maximum accrual bank of Earned Paid Sick Time will be eighty (80) hours. Staff may use Earned Paid Sick Time as it is accumulated.
Staff will be provided the opportunity at the end of each year to transfer up to forty (40) hours of unused Earned Paid Sick Time to their Personal Leave Bank. Once Earned Paid Sick Time is transferred to Personal Leave, time is no longer subject to A.R.S. 23-373 regulations. Only staff eligible for personal leave time accrual are eligible (i.e., temporary staff are not eligible to transfer time). Staff will be required to complete and turn in Form GCCA-EA.
Earned Paid Sick Time may be used in increments of fifteen (15) minutes.
Earned Paid Sick Time shall be provided to a staff member by the District for purposes outlined in Arizona Revised Statute 23-373. The District may request reasonable documentation only when three (3) consecutive days off are used. When a staff member exhausts all the hours available under the Earned Paid Sick Time policy, they may access leave days outlined in Policy GDCA. If staff have exhausted both banks an unpaid leave of absence must be requested pursuant to District guidelines.
When use of Earned Paid Sick Time is foreseeable, the employee shall make a good faith effort to provide notice of the need for such time to the District via the electronic Absence Management System in advance of the sick leave. Staff shall make a reasonable effort to schedule the use of Earned Paid Sick Time in a manner that does not unduly disrupt the operations of the District. In the event of an unforeseeable absence the staff member will follow standard practice of notification.
When there is a separation from employment and the staff is rehired within nine (9) months of the separation, previously accrued Earned Paid Sick Time that had not been used shall be reinstated. Further, the staff member shall be entitled to use accumulated Earned Paid Sick Time and accumulate additional Earned Paid Sick Time at the recommencement of employment. Staff is not entitled to any payment of Earned Paid Sick Time at time of separation.
Personal Leave
All support staff members shall be provided leave time based on the number of hours worked per school year. Time is cumulative without limit based on months worked. Leave time will be given as follows:
A. Twelve (12)-month employees receive seven (7) days.
B. Eleven (11)-month employees receive six (6) days.
C. Ten (10)-month employees receive five (5) days.
D. Nine (9)-month employees receive six (6) days*.
*Two (2) days of leave time will be designated for unpaid holidays during the winter break.
Unused Leave Compensation
Leave balances shall be published on pay stubs showing amount earned, used and balance per pay period.
Except in cases where a staff member is dismissed for cause, a support staff employee shall be compensated for unused accumulated leave at the rate of thirty-four dollars ($34) per day if the employee terminates employment after a minimum of fifteen (15) years of service in the District or the employee officially retires according to Arizona Retirement Law prior to age sixty-five (65) with fewer than fifteen (15) years of service. The estate of an employee who deceases while under contract shall be paid thirty-four dollars ($34) per accumulated leave day. For cases where staff are retiring payouts based on years of service may differ, refer to GCQE-RB.
How Leave May be Used
Leave may be used for personal or family illness, personal or family injury, quarantine, childbirth, personal business, or family matters.
Leave for Personal Illness, Family Illness,
Injury, Childbirth, or Quarantine
Illness is defined as a temporary physical condition that would keep the employee from performing their duties. Family, for purposes of family illness, shall include anyone in your home for whom you share responsibility, or:
Spouse Grandchildren
Children Parents of spouse
Parents Brothers or sisters of spouse
Brothers or sisters Sons-in-law or daughters-in-law
Aunts or uncles Nieces or nephews
Grandparents
Anticipated long-term use of leave for illness, injury, or childbirth will be reported to the District in a manner consistent with the Family and Medical Leave Act (FMLA).
The District may, at District expense, require the employee to submit to medical or psychiatric examination by a medical physician or psychiatrist selected by the District to determine 1) whether or not the continued use of leave for illness or injury is appropriate or 2) whether return to work is appropriate.
Personal Leave
Personal leave is defined as personal business or family matters that require absence from performing one's duties in order to complete the demand in a timely manner. Except in the event of an emergency, a staff member using leave shall report off using the Districts Absence Management System in advance of the leave. .
Reporting off Work
Except for in an emergency, a staff member using leave shall file a Leave Request in advance of the leave and report off using the Absence Management System.
Any employee who can be shown to have willfully violated or misused the District's leave policy or misrepresented any statement or condition will be subject to discipline, which may include but is not limited to reprimand, suspension and/or dismissal.
Earned Paid Sick Time
Staff shall have the ability to transfer up to forty (40) hours of Earned Paid Sick Time into their Personal Leave Bank on an annual basis. Time will then be considered Personal Leave Time and will be used in accordance with this policy. Staff will be required to complete and turn in Form GDCA-EA
Snow Day
See GDL-R
Adopted: May 9, 2017
LEGAL REF.:
A.R.S.
15-187
15-502
23-363
23-364
23-371
23-372
23-373
23-374
23-375
CROSS REF:
GCBA - Professional Staff Salary Schedules
GCCA - Professional Staff Leave
The Superintendent may employ, when conditions warrant, temporary or part-time personnel on a per diem or time card basis. This authority is subject to the following conditions:
● Continued A. Continued employment of any such person shall be subject to confirmation and approval by the Board at its next its next official meeting; however, employment shall not be recommended to the Board prior to satisfactory completion satisfactory completion of any pending fingerprint check.
● The B. The employee shall be hired on a per diem basis and shall be compensated in accordance with the requirements the requirements and limitations of existing contracts that cover similar positions or employees.
● In C. In addition to the conditions set forth above, the temporary assignment of a person to a supervisory or administrative or administrative position shall be preceded by notification to the Board. The Superintendent will detail the detail the circumstances that created the need for the part-time employment.
The Superintendent may assign, when conditions warrant and the employee accepts, a support staff employee on a temporary basis not exceeding one (1) year to any extra-pay-for-extra-services assignment listed in Board Policy, including Class A, Class B, Class C, Class D, Class E, or Class F. Compensation for such assignment and placement on the extra-pay-for-extra-services schedule shall be as listed in Board Policy. In addition, the Superintendent may assign, when conditions warrant and the employee accepts, a support staff employee on a temporary basis not exceeding one (1) year to a maintenance team leader extra-pay-for-extra-services assignment. Compensation for this assignment shall be two hundred dollars ($200) per month.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-502
23-1361
CROSS REF.:
GDF - Support Staff Hiring
GDFA - Support Staff Qualifications and Requirements
(fingerprinting requirements)
REGULATION
SUPPORT STAFF LEAVE
Leave Incentive Program
Purpose: This program is designed to decrease the usage of substitute positions in the School District. This is accomplished by incentivizing employees in positions that require a substitute to not call off during regular work days.
Eligibility:
● The position must be eligible to accrue or receive leave per Board policy or contract.
● The position must be in a role requiring a substitute for when they are out for the day. For example, a classroom teacher. Human resources will maintain a list of eligible positions.
● Only leave hours accrued or allotted during the current contract or school year can be considered. Previously banked or rolled over leave hours are not considered. Vacation hours, or any other paid time off amounts are not part of the incentive program.
Program Details:
● After the last contract day of the school year, each eligible position can request to have fifty percent (50%) of their unused annual leave accrual paid out via their existing payroll agreement (i.e., live check or direct deposit to established account). The remainder is placed into their leave bank.
● Requests will be made via an online request process. The request process closes on June 15.
● Payroll will process the payout amounts by the last pay-date in June and take the appropriate payroll deductions from the gross amount.
● If a request is not received: The days are automatically placed into the leave bank and rolled over to the next year per District policy. These days are not eligible for the payout program.
Payout Process:
● For every two (2) days remaining in the current year bank, the potential payout is fifty dollars ($50) per full day.
● The payout request can only be for fifty percent (50%) of total available balance accrued for the previous twelve (12) months in whole days. Partial days (less than six [6] hours) are not considered.
● Days in the employee's previous year leave bank are not considered.
● Days are rounded down for payout purposes: Nine (9) leave days are eligible for a payout of four (4) days, not five (5).
● The payout amount per requested day is fifty dollars ($50).
● Payouts of less than three (3) days will not be issued (less than one hundred fifty dollars [$150]).
● Any unused days will roll over to the following year.
● If the employee has any existing monies due to the District, that amount will be deducted from their payout amount.
Scenarios:
● Example 1: Employee is given ten (10) leave days upon hire and does not use any days. The employee can request to receive payment for five (5) of those days. $50 x 5 = $250 (less taxes) at the end of the school year. The remaining five (5) days are placed into their roll-over bank.
● Example 2: Employee is given ten (10) leave days upon hire and uses two (2) days throughout the year. The employee can request to receive payment for four (4) of those days. $50 x 4 = $200 (less taxes) at the end of the school year. The remaining four (4) days are placed into their roll-over bank.
● Example 3: The employee is given ten (10) days and uses ten (10) days. No payout and no additional roll-over days to their leave bank.
● Example 4: The employee is given ten (10) leave days. The employee uses fifteen (15) days. No payout and their roll-over bank is reduced by five (5) days.
● Example 5: The employee is given ten (10) leave days. The employee uses six (6) days and has four (4) remaining. (possible payout of two [2] days) = no payout is issued. Payout would be less than three (3) day payout minimum per chart below.
Days Remaining Eligible for Payout Amount
in June
11 5 $250
10 5 $250
9 4 $200
8 4 $200
7 3 $150
6 3 $150
5 0 $0
4 0 $0
3 0 $0
2 0 $0
1 0 $0
The District recognizes that on occasion extenuating circumstances arise that may necessitate absence from duty that is not covered by other specific leave provisions of the District. To address such situations, a leave of absence, without pay, may be granted a member of the certificated or support staff for not longer than one (1) year.
Leave of absence may be requested for, but not limited to, the following purposes:
● For additional education that relates to the employee's primary assignment. A plan of contemplated course work must be presented to the Superintendent.
● To student teach within the School District.
● To provide for an unpaid leave in a situation where the employee will be absent from work because of a reason that conforms to a policy currently in effect but the maximum number of days provided for in that policy will be exceeded.
● For a leave of absence that benefits or is in the best interest of the District, as determined by the Board upon review of the application.
● For a reason of pressing personal nature that does not conform to a policy currently in effect.
● For leave under the Family and Medical Leave Act.
A leave of absence requested pursuant to this policy may be:
● Approved by the Superintendent if the leave period does not exceed twelve (12) weeks; or
● Recommended by the Superintendent and approved by the Governing Board if the leave period exceeds twelve (12) weeks.
A request for leave of absence shall not be denied by the District if the employee is entitled to the leave under the Family and Medical Leave Act. All other applications for leave of absence may be granted or denied by the District, in its sole discretion.
Each request for such a leave of absence shall be in a written application stating the purpose, starting date, and duration of the leave of absence, the reasons for its necessity or desirability, and any other information the applicant deems relevant to the request.
The leave of absence shall be only for the purpose and duration approved and may not be extended without written approval by the District.
All rights of continuing status (certificated teachers only), retirement, salary increments, and other benefits shall be restored at the level earned when the leave was granted. All accrued leave and other paid leave shall be applied to the leave period unless otherwise agreed to by the District or prohibited by the Family and Medical Leave Act.
During an extended leave of absence the staff member, at their own expense, may continue enrollment in the District's medical, dental, and/or life insurance programs at the District group rate for a period not to exceed that as provided under federal COBRA law (eighteen [18] months maximum). If payment for the District's insurance is not received in a timely manner the insurance coverage will be discontinued.
Family and Medical Leave Act (FMLA)
The District shall fully comply with the Family and Medical Leave Act and all interim and final regulations interpreting the FMLA issued by the U.S. Department of Labor. Accordingly, all portions of this policy that pertain to the FMLA shall be interpreted in a manner consistent with the FMLA and its regulations. Subject to the conditions set forth herein, any eligible employee of the District may take up to twelve (12) weeks of leave (FMLA leave) during any one (1) fiscal year (July 1 to June 30), without pay, for any one (1) or more of the following reasons:
● Because of the birth of a child of the employee and in order to care for such child.
● Because of the placement of a child with the employee for adoption or foster care.
● In order to care for the spouse or a son, daughter, or parent of the employee, if such person has a serious health condition.
● Because of a serious health condition that makes the employee unable to perform the functions of the position of such employee.
Serious medical condition means an illness, injury, impairment, or physical condition that involves inpatient care in a hospital, hospice, or residential medical facility, or outpatient care with continuing medical treatment by a licensed physician. Any employee who has been employed by the District at twelve (12) months and who has completed at least one thousand two hundred fifty (1,250) hours of service immediately prior to the time the leave is to commence shall be eligible for FMLA leave.
Special conditions applicable to FMLA. Entitlement to leave for the birth of a child or the placement of a child for adoption or foster care ends at the expiration of a twelve-month period, beginning on the date of the event.
A husband and wife working for the District may be limited to a total of twelve (12) weeks of leave during each fiscal year for leave for the birth of a child or the placement of a child for adoption or foster care and to care for an employee's parent with a serious health condition.
The District shall not require an employee to substitute accrued sick leave for FMLA leave used by reason of a birth, adoption, or foster placement. An employee shall substitute accrued vacation or personal leave for FMLA leave used by reason of a birth, adoption, or foster placement, to the extent available by policy, unless otherwise agreed to by the District. In any other circumstance, an employee's accrued sick, vacation, personal, or other applicable leave shall be substituted for FMLA leave, to the extent available by policy, unless otherwise agreed to by the District.
Notice. An employee must provide at least thirty (30) days' notice before the FMLA leave is to begin if the need for the leave is foreseeable based on an expected birth, placement for adoption, or foster care, or planned medical treatment for a serious health condition of the employee or family member. If thirty (30) days' notice is not practicable, notice must be given as soon as practicable. The notice shall be in the form of a request for leave of absence as specified in this policy. The District may deny FMLA leave to any eligible employee until such time as the employee has provided the required notice.
Medical certification. All FMLA leave shall be supported by medical certificate provided by the employee's health provider in the form of the exhibit accompanying this policy. In any instance where the FMLA leave must be preceded by thirty (30) days' notice, the medical certificate should accompany the request for leave of absence. In any other instance, the medical certificate should be provided within fifteen (15) days after the FMLA leave commences.
The employee may be requested to provide recertification of medical conditions in support of leave if the District feels that the circumstances so warrant and notice is given. Recertification shall not be required for intervals shorter than thirty (30) days.
Whenever a medical certification or recertification is required of an employee, notice describing such requirement and providing the form of such certification shall be provided to the employee. An employee shall not be denied FMLA leave or other rights under the FMLA unless a notice required by FMLA in such situation has first been provided to the employee.
Intermittent or reduced time (IRT) leave. FMLA leave may be taken intermittently or on a reduced leave schedule only (1) if medically necessary to care for a family member or for the employee's own serious health condition or (2) if approved by the District. The District may, for the term of the leave, transfer the employee to an alternative position with equivalent pay and benefits.
If the IRT leave is for an instructional employee (one whose principle function is to instruct students in a class, small group, or as individuals), the District can require the employee either to take leave for a period or periods of a particular duration not greater than the duration of the planned treatment or to transfer temporarily to an available alternative position with equivalent pay and benefits that provides better accommodation of recurring periods of leave, provided the leave is:
● Requested to care for a qualifying family member or as a result of the employee's serious health condition preventing job performance;
● Foreseeable, based upon planned medical treatment; and
● For more than twenty percent (20%) of the working days in the leave period.
The employee may be granted leave under these circumstances, subject to reasonable efforts to schedule treatment so as not to unduly disrupt the educational program.
Special end-of-semester circumstances for instructional employees. Under each of the following conditions, leave for an instructional employee may be required to continue to the end of the academic semester:
● Leave begins more than five (5) weeks before the end of the semester, leave is for at least three (3) weeks, and return to employment would occur during the last three (3) weeks of the semester.
● Leave other than for the employee's serious health condition begins within the last five (5) weeks of the semester, leave is for greater than two (2) weeks' duration, and return to employment would occur during the last two (2) weeks of the semester.
● Leave other than for the employee's serious health condition begins within the last three (3) weeks of the semester and leave exceeds five (5) working days.
Employee notification. With each request for FMLA leave, the employee shall be notified:
● About FMLA by provision of the FMLA fact sheet (exhibit 2).
● As appropriate concerning the expectations, obligations, and consequences of taking FMLA leave per 29 C.F.R. Section 825.301 of FMLA.
● That FMLA leave may be withheld until a requested notice is provided or the time frame is met.
● That if leave is granted to an employee who is unable to perform the work required, restoration may be denied until the employee has complied with the request to provide medical certification of ability to return to work.
The District will post notices in conspicuous places on the District premises that provide a summary of FMLA and information on how to file a charge for an FMLA violation.
Health care continuation. An employee taking FMLA leave shall be entitled to have the health care plan in which the employee is participating continue under the same terms and conditions applicable to actively working employees. The District shall require the repayment of any health care premiums paid by the District for continuing coverage during the period of the FMLA leave if the employee fails to return to work after the FMLA leave expires and the failure to return is not due to circumstances beyond the employee's control.
Position restoration. Upon return from FMLA leave, an employee shall be restored to the same position held before the FMLA leave commenced or to an equivalent position with equivalent pay, benefits, and working conditions. The District requires an employee to provide a medical certificate from a health care provider that the employee is able to resume work before returning from FMLA leave for a serious personal health condition. The District may delay the return of an instructional employee from FMLA leave at the end of a semester, in accordance with Section 108(d) of FMLA. The District may deny restoration of position to any key employee (i.e., one who is among the highest-paid ten percent [10%] of all employees of the District), in accordance with Section 104(b) of FMLA.
Adopted: date of manual adoption
LEGAL REF.:
A.R.S.
15-510 Family and Medical Leave Act of 1993
29 C.F.R. Part 825
Assignments
Assignment refers to the filling of a position vacancy in the District. The Superintendent or the Superintendent's designee will be responsible for the assignment of positions and working hours. Assignments of otherwise qualified candidates will be made by the Superintendent or the Superintendent's designee in the following order of preference:
● Employees already assigned to that site.
● District employees assigned to other sites.
● New applicants to the District.
In the event of an assignment, whether voluntary or involuntary, all years of service steps shall be maintained.
Voluntary Transfer
Transfer refers to a current employee who desires to move from one (1) location to another while retaining the same job title.
Support staff employees who desire to transfer from one location to another shall add their name to the candidate list in human resources prior to the application deadline for the vacancy.
Support staff employees who are qualified for the vacancy in another location and who have added their name to the candidate list shall be granted an interview.
Support staff employees who apply for a vacancy in another location and who are not selected for the position shall be notified either verbally or in writing why s/he was not selected for the position. Such notice shall be provided in a timely manner.
Mutual Transfer Request
Support staff employees may initiate mutually agreeable transfers. A mutual transfer refers to the exchange of jobs between two (2) employees. Such mutually agreed to transfers must be consistent with the employees' qualifications and do not constitute a job vacancy. Such transfers must be agreed to by each site administrator. In the event of a mutual transfer, all years of service steps shall be maintained.
Involuntary Work Adjustments
An involuntary work adjustment is defined as a change of hours, position, and/or length of employment for any support staff member during the work year; this language does not pertain to nonretention of employees.
If it becomes necessary for the District to initiate an involuntary work adjustment during the term of assignment for any support staff employee, at lest ten (10) days written notice of the work adjustment will be provided to the affected employee. The written notice of work adjustment shall include the reason for the change.
An employee who is involuntarily transferred due to elimination of a position shall have the right for a term of twelve (12) months to return to the position should the same position be reinstated. It is the responsibility of the employee to notify the District of interest to return to the position as soon as it is reinstated.
In the event of an involuntary work assignment, all years of service steps shall be maintained.
Adopted: June 7, 2005will determine all support staff assignments.
Support staff shall be assigned based on the needs of the District, on their qualifications, and on their expressed desires. When it is not possible to meet all three (3) conditions, an employee shall be assigned first in accordance with the needs of the District, second where the Superintendent determines the employee is most qualified to serve, and third as to the expressed preference of the employee.
Assignments may be changed to serve the best interests of the District.
Transfers/Reassignments
Staff members may apply for transfer or reassignment whether or not a vacancy exists.
The transfer/reassignment of support staff members will be based on the needs of the District, employee qualifications, and the employee's expressed desires. When it is not possible to meet all three (3) conditions, an employee shall be transferred/reassigned first in accordance with the needs of the District, second where the Superintendent determines the employee is most qualified to serve, and third as to the expressed preference of the employee.
The resolution of any conflicts over the need for a transfer shall be based on what is best for the instructional program, the needs of the students, and the overall needs of the District as defined by the Superintendent.
The above applies to transfers/reassignments within the same job classification and pay grade. Transfer/reassignment of an employee to a position of greater or lesser pay requires Board approval.
Adopted: date of Manual adoption
EXHIBIT
PROFESSIONAL / SUPPORT STAFF
LEAVES OF ABSENCE WITHOUT PAY
CERTIFICATION OF HEALTH CARE PROVIDER
(Family and Medical Leave Act of 1993)
When completed, this form goes to the employee.
1. Employee's Name __________________________________________________
2. Patient's Name (If different from employee) ______________________________
3. A definition of "serious health condition" under the Family and Medical Leave Act
is provided near the end of this form. Does the patient's condition1 qualify under
any of the categories described? If so, please check the applicable category.
(1) ___ (2) ___ (3) ___ (4) ___ (5) ___ (6) ___, or None of the above ___
_______________________________________________
4. Describe the medical facts which support the patient's certification, including
a brief statement as to how the medical facts meet the criteria of the category
checked above:
5. a. State the approximate date the condition commenced, and the probable
duration of the condition (and also the probable duration of the patient's
present incapacity2 if different):
b. Will it be necessary for the employee to take work only intermittently or to
work on a less than full schedule as a result of the condition (including for
treatment described in Item 6 below)?
If yes, give the probable duration:
c. If the condition is a chronic condition (condition 4) or pregnancy, state
whether the patient is presently incapacitated2 and the likely duration and
frequency of episodes of incapacity2:
_______________________________________________
1 Here and elsewhere on this form, the information sought relates only to
the condition for which the employee is taking FMLA leave.
2 "Incapacity," for purposes of FMLA, is defined to mean inability to work,
attend school or perform other regular daily activities due to the serious
health condition, treatment therefore, or recovery therefrom.
6. a. If additional treatments will be required for the condition, provide an estimate
of the probable number of such treatments.
If the patient will be absent from work or other daily activities because of
treatment on an intermittent or part-time basis, also provide an estimate
of the probable number of and interval between such treatments, actual or
estimated dates of treatment if known, and period required for recovery if
any:
b. If any of these treatments will be provided by another provider of health
services (e.g., physical therapist), please state the nature of the treatments:
c. If a regimen of continuing treatment by the patient is required under your
supervision, provide a general description of such regimen (e.g., prescription
drugs, physical therapy requiring special equipment):
_______________________________________________
7. a. If medical leave is required for the employee's absence from work because
of the employee's own condition (including absences due to pregnancy or a
chronic condition), is the employee unable to perform work of any kind?
b. If able to perform some work, is the employee unable to perform any one
(1) or one (1) or more of the essential functions of the employee's job
(the employee or the employer should supply you with information about the
essential job functions)? If yes, please list the essential functions the
employee is unable to perform:
c. If neither a. nor b. above applies, is it necessary for the employee to be
absent from work for treatment?
_______________________________________________
8. a. If leave is required to care for a family member of the employee with a
serious health condition, does the patient require assistance for basic
medical or personal needs or safety, or for transportation?
b. If no, would the employee's presence to provide psychological comfort
be beneficial to the patient or assist in the patient's recovery?
c. If the patient will need care only intermittently or on a part-time basis,
please indicate the probable duration of this need:
_______________________________________________
______________________________________ _________________________
Signature of Health Care Provider Type of Practice
______________________________________ _________________________
Address Telephone Number
______________________________________ _________________________
Date
______________________________________ _________________________
To be completed by the employee needing family leave to care for a family member:
State the care you will provide and an estimate of the period during which care will be provided, including a schedule if leave is to be taken intermittently or if it will be necessary for you to work less than a full schedule:
______________________________________ _________________________
Employee Signature Date
Definitions
A "Serious Health Condition" means an illness, injury impairment, or physical or mental condition that involves one (1) of the following:
1. Hospital Care
Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity2 or subsequent treatment in connection with or consequent to such inpatient care.
2. Absence Plus Treatment
(a) A period of incapacity2 of more than three (3) consecutive calendar days (including any subsequent treatment or period of incapacity2 relating to the same condition), that also involves:
(1) Treatment3 two (2) or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or on referral by, a health care provider; or
(2) Treatment by a health care provider on at least one (1) occasion which results in a regimen of continuing treatment4 under the supervision of the health care provider.
3. Pregnancy
Any period of incapacity due to pregnancy, or for prenatal care.
4. Chronic Conditions Requiring Treatments
A chronic condition which:
(1) Requires periodic visits for treatment by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider;
(2) Continues over an extended period of time (including recurring episodes of a single underlying condition); and
(3) May cause episodic rather than a continuing period of incapacity2 (e.g., asthma, diabetes, epilepsy, etc.).
5. Permanent/Long-term Conditions Requiring Supervision
A period of Incapacity2 which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer's, a severe stroke, or the terminal stages of a disease.
6. Multiple Treatments (Non-Chronic Conditions)
Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of Incapacity2 of more than three (3) consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), and kidney disease (dialysis).
This optional form may be used by employees to satisfy a mandatory requirement to furnish a medical certification (when requested) from a health care provider, including second or third opinions and recertification (29 C.F.R. 825.306).
_______________________________________________
3 Treatment includes examinations to determine if a serious health condition
exists and evaluations of the condition. Treatment does not include routine
physical examinations, eye examinations, or dental examinations.
4 A regimen of continuing treatment includes, for example, a course of
prescription medication (e.g., an antibiotic) or therapy requiring special
equipment to resolve or alleviate the health condition. A regimen of treat-
ment does not include the taking of over-the-counter medications such
as aspirin, antihistamines, or salves: or bed-rest, drinking fluids, exercise,
and other similar activities that can be initiated without a visit to a health
care provider.
Work Day
The length of the workday and the workweek are determined by the job to which the employee is assigned, but may not exceed forty (40) hours per week. Staggered shifts or split shifts may be assigned; working hours may vary according to the particular office or department involved.
Ten (10)-, eleven (11)- and twelve (12)-month employees will work on days when school is dismissed for snow or other special reasons, except that in severe weather, when city police state that traffic shall be restricted to emergency travel, they may be excused without financial loss if such absence is approved by the Superintendent.
Employees working four (4) or more continuous hours shall have a fifteen (15)-minute compensated break. Employees working seven (7) or more continuous (excluding lunch period) hours shall have two (2) fifteen (15)-minute compensated breaks; however, such breaks shall not be taken consecutively. Breaks shall be scheduled at times approved by the supervisor, but shall not be scheduled at the beginning or end of the employee's work day. Interrupted breaks may be rescheduled by agreement of the employee and the supervisor.
An employee shall not be assigned to a regularly scheduled work day of six (6) or more hours without allowing the employee to have a thirty (30)-minute noncompensated duty-free lunch period. Due to emergencies, a scheduled thirty (30)-minute duty-free lunch period may be eliminated or interrupted and thus constitute compensated time. Upon mutual agreement of the employee and supervisor, an employee may have a regularly scheduled work day of up to six (6) hours without a thirty (30)-minute duty-free lunch period.
Employees working on December 24 and/or December 31 will have their schedules adjusted so that they do not have to work after 5:00 p.m., except in cases of emergencies.
Employees called to work due to emergencies outside their normal work hours will be compensated for a minimum of two (2) hours, including time spent traveling to and from the workplace.
Reporting Hours
Nonexempt All support staff employees shall accurately report all hours worked on the time sheets provided. It is understood that there are rare circumstances when it will not be possible to obtain preapproval for working overtime. However, when this occurs, the employee must record the overtime on the time cards on the day of occurrence and must immediately notify the supervisor so that flex time may be utilized.
If the work assignment results in the employee needing to work hours in excess of those scheduled, the employee shall immediately advise the supervisor. This is a continuing responsibility for the employee. The employee shall not work hours in excess of those scheduled unless authorized.
Declared Emergencies
Essential Personnel
In order to sustain specific business activities, personnel may be designated as essential for the purposes of a specific incident (i.e., snow removal, flood, building collapse, evacuations, etc.). Example: Bus drivers could be deemed essential in the event of an evacuation; custodial and maintenance could be deemed essential in the event of snow removal; payroll personnel could be deemed essential, if payroll falls on a weather emergency day.
The Superintendent or the Superintendent's designee is responsible for declaring an emergency and determining which personnel are deemed essential at the time of the incident. Supervisors and managers shall notify the employees as soon as possible if they are needed as essential personnel for a specific incident.
Compensation for Essential
Personnel
Excess of eight (8) hour day. Essential employees required to work in excess of their normal eight (8)-hour day will be paid at the rate of one and one-half (1 1/2) times their hourly rate unless the employees and their respective supervisors mutually agree to compensatory time. (This essential personnel rate of pay is for hours worked over an eight [8] hour day and not specific to working in excess of forty [40] hours a week per Fair Labor Standards Act [FLSA].)
Compensation for Regular
Schedule when Nonessential
Personnel are Sent Home
Essential employees who are required to work during a declared emergency will be paid for actual time worked and will receive leave time that is equal to time given to nonworking employees. These hours will be added to the compensatory leave bank.
Compensation for Nonessential
Personnel
In the event of a declared emergency, nonessential personnel who are instructed not to come to work or are released early shall receive their regular pay for the day.
Nonessential employees, who choose to stay on their jobs, after given permission to leave, will not be compensated above their regular pay.
Employees with approved requests for sick leave, vacation or personal days prior to a declared emergency situation, will be charged for the time off as requested.
Temporary employees will be compensated for hours worked.
Paycheck Distribution
In the unlikely event that the District is closed as a result of an emergency on a regularly scheduled payday, the following procedure will be followed:
● Employees on direct deposit will have already received their pay directly into their accounts.
● Employees can view and print their pay stubs from Employee Online.
● Employees not on direct deposit will receive their paychecks through the mail.
Adopted: April 19, 2011to their duty stations on time each workday and shall, as scheduled, be available there until the designated time(s) they are scheduled to leave.
Adopted: date of Manual adoption
EXHIBIT
PROFESSIONAL / SUPPORT STAFF
LEAVES OF ABSENCE WITHOUT PAY
EMPLOYER RESPONSE TO EMPLOYEE REQUEST
FOR FAMILY OR MEDICAL LEAVE
(Family and Medical Leave Act of 1993
Optional Use Form - See 29 C.F.R. § 825.300)
Date: ___________________________
To: _______________________________________________________________
(Employee's Name)
From: _____________________________________________________________
(Name of Appropriate Employer Representative)
Subject: REQUEST FOR FAMILY/MEDICAL LEAVE
On ________________________, you notified us of your need to take family/medical
(Date)
leave due to:
◻ The birth of a child, or the placement of a child with you for adoption or foster
care; or
◻ A serious health condition that makes you unable to perform the essential
functions for your job; or
◻ A serious health condition affecting your ◻ spouse, ◻ child, ◻ parent, for
which you are needed to provide care; or
◻ A qualifying exigency (as the Secretary shall, by regulation, determine) arising
out of the fact that the spouse, or a son, daughter, or parent of the employee is
on active duty (or has been notified of an impending call or order to active duty)
in the Armed Forces in support of a contingency operation.
You notified us that you need this leave beginning on _________________________
(Date)
and that you expect leave to continue until on or about _______________________.
(Date)
Except as explained below, you have a right under the FMLA for up to twelve (12) weeks of unpaid leave in a twelve (12) month period for the reasons listed above. Also, your health benefits must be maintained during any period of unpaid leave under the same conditions as if you continued to work, and you must be reinstated to the same or an equivalent job with the same pay, benefits, and terms and conditions of employment on your return from leave. If you do not return to work following FMLA leave for a reason other than: 1) the continuation, recurrence, or onset of a serious health condition which would entitle you to FMLA leave; or 2) other circumstances beyond your control, you may be required to reimburse us for our share of health insurance premiums paid on your behalf during your FMLA leave.
This is to inform you that: (check appropriate boxes: explain where indicated)
1. You are ◻ eligible ◻ not eligible for leave under the FMLA.
2. The requested leave ◻ will ◻ will not be counted against your annual FMLA
leave entitlement.
3. You ◻ will ◻ will not be required to furnish medical certification of a serious
health condition. If required, you must furnish certification by ________________
(insert date; must be at least fifteen [15] days after you are notified of this require-
ment), or we may delay the commencement of your leave until the certification is
submitted.
4. You may elect to substitute accrued paid leave for unpaid FMLA leave. We
◻ will ◻ will not not require that you substitute accrued paid leave for
unpaid FMLA leave. If paid leave will be used, the following conditions will
apply: (Explain)
5. (a) If you normally pay a portion of the premiums for your health insurance, these
payments will continue during the period of FMLA leave. Arrangements for
payment have been discussed with you, and it is agreed that you will make
premium payments as follows: (Set forth dates, e.g., the tenth [10th] of each
month, or pay periods, etc., that specifically cover the agreement with the
employee.)
(b) You have a minimum thirty (30)-day (or, indicate longer period, if applicable)
grace period in which to make premium payments. If payment is not made
timely, your group health insurance may be cancelled, provided we notify you
in writing at least fifteen (15) days before the date that your health coverage
will lapse, or, at our option, we may pay your share of the the premiums during
FMLA leave, and recover these payments from you upon your return to work.
We ◻ will ◻ will not pay your share of health insurance premiums while
you are on leave.
(c) We o will o will not do the same with other benefits (e.g., life insurance, life
insurance, disability insurance, etc.) while you are on FMLA leave. If we do
pay your premiums for other benefits, when you return from leave you ◻ will
◻ will not be expected to reimburse us for the payments made on your behalf.
6. You ◻ will ◻ will not be required to present a fitness-for-duty certificate prior
to being restored to employment. If such certification is required but not received,
your return to work may be delayed until certification is provided.
7. (a) You ◻ are ◻ are not a "key employee" as described in § 825.217 of the FMLA
regulations. If you are a "key employee:" restoration to employment may be
denied following FMLA leave on the grounds that such restoration will cause
substantial and grievous economic injury to the District as discussed in
§ 825.218.
(b) We o have o have not determined that restoring you to employment at the
conclusion of FMLA leave will cause substantial and grievous economic harm
to us. ([a] and/or [b] may be explained if requested. See §825.219 of the
FMLA regulations.)
8. While on leave, you o will o will not be required to furnish us with periodic reports
every ___________________________ (indicate interval of periodic reports, as
appropriate for the particular leave situation) of your status and intent to return to
work (see § 825.309 of the FMLA regulations). If the circumstances of your leave
change and you are able to return to work earlier than the date indicated on the
reverse side of this form, you o will o will not be required to notify us at least two
(2) work days prior to the date you intend to report to work.
9 You ◻ will ◻ will not be required to furnish recertification relating to a serious
health condition. (Explain below, if necessary, including the interval between
certifications as prescribed in §825.308 of the FMLA regulations.)
This optional use form may be used to satisfy mandatory employer requirements to provide employees taking FMLA leave with written notice detailing specific expectations and obligations of the employee and explaining any consequences of a failure to meet these obligations. (29 C.F.R. 825.300(b).)
The normal workweek for support staff personnel will not exceed forty (40) hours per week. Typically the week will be based on eight (8) hours per day, five (5) days per week; however, the Superintendent may designate other workweek structures to meet varying conditions and needs of the District. Employees will be notified at least one (1) week in advance of any modification to the workweek plan.
Individual employee work schedules will be based on the position held by the respective employees and on District needs as identified during the employment process.
For the purpose of calculating regular and overtime hours in accordance with wage and hour requirements, the District's designated workweek shall begin at 12:01 a.m. on Sunday and conclude at 12:00 midnight the following Saturday.
An employee may work overtime, provided that advance authorization is obtained from the supervisor in charge or, in the case of an emergency, authorization is obtained immediately upon completion of the work or as soon thereafter as practicable.
Volunteers
A nonexempt support staff employee shall not volunteer to perform any duty that is within the employee's job description, except that an instructional aide may volunteer in the classroom of the aide's own child.
Multiple Employment
No nonexempt employee will be hired into more than one (1) position of employment in the District when the additional position(s) would require the payment of overtime compensation, unless it is established that there is no other qualified applicant for the position and the employment has been approved by the Governing Board.
Consequences for Violation of This Policy
An employee who does not accurately record hours worked, does not timely inform the immediate supervisor if extra hours/overtime is worked, or volunteers to perform a job that is within the employee's job description/duties shall be subject to disciplinary action, including suspension with or without pay and dismissal.
A supervisor who fails to monitor subordinates' work hours in order to assure that hours are accurately recorded by employees, permits employees to work extra time/overtime without proper authorization, does not utilize flex time to adjust the employee's work schedule whenever possible, or knowingly permits an employee to volunteer to perform a duty that is within the employee's job description/duties will be subject to disciplinary action, including suspension with or without pay and dismissal.
Definitions
As used in this policy:
● Extra time occurs when an employee works hours in excess of the employee's weekly work schedule but the total hours are less than forty (40) in that workweek.
● Overtime occurs when the employee works in excess of forty (40) hours in the workweek.
● Compensatory time is time worked multiplied by one and one-half (1.5).
● Hours worked are hours actually worked during the week. Hours worked does not include hours paid for but not worked. Examples of hours paid for but not worked are holidays, vacation, sick leave, and use of compensatory time.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
23-391
Arizona Constitution, Article 18, Section 1
29 U.S.C. 207, Fair Labor Standards Act
29 CFR C.F.R. 516 et seq., Fair Labor Standards ActArizona Constitution, Article 18, Section 1
CROSS REF.:
GDBC - Support Staff Supplementary Pay/Overtime
Standards pertaining to instruction on the historical study of biblical text may be found in the State Board of Education Standards in history or English arts, or both, as concepts that include the history and literature of the Old Testament era and the history and literature of the New Testament era. The standards do not require that pupils who do not enroll in the elective course prescribed in this section receive instruction on the historical study of biblical text.
The instructional program of the District may include content in an elective course pertaining to how the Bible has influenced western culture for pupils in grades nine (9) through twelve (12). A school may offer this course as an online course. The School District may develop a new curriculum or use an existing curriculum that includes teacher's guides and that is currently in use in public schools in this state or in other states. An existing curriculum that is used by a school district shall meet the standards and guidelines prescribed in this section as indicated below:
A. Before a school offers a course under this section, a legal review shall be conducted to ensure that the course complies with the First Amendment to the United States Constitution.
B. A course offered under this section shall be designed to:
1. Familiarize pupils with the contents, characters, poetry and narratives that are prerequisites to understanding society and culture, including literature, art, music, mores, oratory and public policy.
2. Familiarize pupils with the following:
a. The contents of the Old Testament and the New Testament.
b. The history recorded by the Old Testament and the New Testament.
c. The literary style and structure of the Old Testament and the New Testament.
d. The influence of the Old Testament and the New Testament on laws, history, government, literature, art, music, customs, morals, values and culture.
C. A course offered under this section shall follow applicable law and all federal and state guidelines in maintaining religious neutrality and accommodating the diverse religious or nonreligious views, traditions and perspectives of pupils. This section is not intended to violate any provision of the United States Constitution, the constitution of Arizona or state law or any rules, guidelines or regulations adopted by the United States Department of Education, the State Board of Education or the Arizona Department of Education.
D. A pupil shall not be required to use a specific translation as the sole text of the Old Testament or the New Testament and may use as the basic textbook a different translation of the Old Testament or the New Testament from that chosen by the School District Governing Board or the pupil's teacher.
E. Personnel shall not be assigned to teach a course offered under this section based on a religious or nonreligious test, a profession of faith or lack of faith, or prior or current religious affiliation or a lack of religious affiliation.
F. A teacher who instructs a course offered under this section in its appropriate historical context and in good faith shall be immune from civil liability and disciplinary action pursuant to section 15-535.
This program will conform to all applicable Arizona Revised Statutes and Arizona Administrative Codes. The program, materials used in the elective course, and the act of sectarian instruction as referenced in statute are not prohibited under A.R.S. 15-341(a)(2), A.R.S. 15-362(a)(2), or A.R.S. 15-535 as each are authorized under A.R.S. 15-717.01, Bible influence; elective course; requirements; immunity.
Adopted: date of Manual adoption
EXHIBIT
PROFESSIONAL / SUPPORT STAFF
LEAVES OF ABSENCE WITHOUT PAY
YOUR RIGHTS UNDER THE FAMILY AND
MEDICAL LEAVE ACT OF 1993
The Family and Medical Leave Act of 1993 (FMLA) requires covered employers to provide up to twelve (12) weeks of unpaid, job-protected leave to "eligible" employees for certain family and medical reasons. Employees are eligible if they have worked for their employer for at least one (1) year, and for one thousand two hundred fifty (1,250) hours over the previous twelve (12) months, and if there are at least fifty (50) employees within seventy-five (75) miles. The FMLA permits employees to take leave on an intermittent basis or to work a reduced schedule under certain circumstances.
Reasons for Taking Leave
Unpaid leave must be granted for any of the following reasons:
● To care for the employee's child after birth, or placement for adoption or foster care;
● To care for the employee's spouse, son or daughter, or parent who has a serious health condition; or
● For a serious health condition that makes the employee unable to perform the employee's job.
At the employee's or employer's option, certain kinds of paid leave may be substituted for unpaid leave.
Advance Notice and Medical Certification
The employee may be required to provide advance leave notice and medical certification. Taking of leave may be denied if requirements are not met.
● The employee ordinarily must provide thirty (30) days advance notice when the leave is "foreseeable."
● An employer may require medical certification to support a request for leave because of a serious health condition, and may require second or third opinions (at the employer's expense) and a fitness for duty report to return to work.
Job Benefits and Protection:
● For the duration of FMLA leave, the employer must maintain the employee's health coverage under any "group health plan."
● Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.
● The use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee's leave.
Unlawful Acts by Employers
FMLA makes it unlawful for any employer to:
● interfere with, restrain, or deny the exercise of any right provided under FMLA.
● discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.
Enforcement:
● The U.S. Department of Labor is authorized to investigate and resolve complaints of violations.
● An eligible employee may bring a civil action against an employer for violations.
FMLA does not affect any federal or state law prohibiting discrimination, or supersede any state or local law or collective bargaining agreement which provides greater family or medical leave rights.
For Additional Information
If you have access to the Internet visit the FMLA website: http://www.dol.gov/ esa/whd/fmla. To locate your nearest Wage-Hour Office, telephone the Wage-Hour toll-free information and help line at 1-866-4USWAGE (1-866-487-9243): a customer service representative is available to assist you with referral information from 8am to 5pm in your time zone; or log onto the following at http://www.wagehour.dol.gov.
A Spanish translation of this form may be downloaded
at http://www.dol.gov/whd/fmla/index.htm
REGULATION
SUPPORT STAFF WORKLOAD
(Fair Labor Standards Act:
Overtime Compensation)
Flex Time
If an employee finds it is necessary to work extra time/overtime, the supervisor must be notified immediately. There may be times when the supervisor will request that the employee work extra time/overtime. In each instance when it is necessary for the employee to work extra time/overtime, the supervisor will attempt to utilize flex time to adjust the employee's work schedule in order to avoid having the employee work in excess of forty (40) hours or time in excess of the employee's normal schedule. Flex time must be utilized in the workweek that the extra time/overtime occurs.
Compensation
Any hours worked by a nonexempt employee in excess of forty (40) hours per week requires either overtime compensation or compensatory time. Compensatory time is paid time off work earned at a rate not less than Nonexempt employees who work more than forty (40) hours per week shall be awarded "compensatory time" at the rate of one and one-half (1 1/2) hours for each hour of employment that exceeds forty (40) hours in the employee's workweek.An employee who is authorized and/or required to work in excess of forty (40) hours a week agrees that the District may compensate the employee with compensatory time rather than payment at the rate of time overtime work. In cases of emergency, when the employee cannot be immediately released for this time and one-half , unless prior to performing the work the employee expresses unwillingness to accept compensatory time off in lieu of overtime pay.
The compensatory time off may be accumulated to a maximum of two hundred forty (240) hours, which is one hundred sixty (160) hours at one and one-half (1.5) time. All overtime hours accumulated beyond two hundred forty (240) hours must be compensated by payment. This amount may be preserved, subject to the right of the employee's supervisor or the District administration to direct the employee to use the compensatory time. The employee may request use of accrued compensatory time off and shall be permitted to use such time off unless it would unduly disrupt the operation of the District.
When an employee accumulates the maximum allowable compensatory time, the employee will be paid for such extra time/overtime. Payment for overtime, when compensatory time is not possible, shall occur in the next pay period after the overtime is worked, compensation, the Superintendent will make the decision as to paying the employee at the rate of time and one-half or having the employee take the time off at a future date. The hours must be approved by the immediate supervisor before an employee works overtime or, in the case of an emergency, immediately upon completion of the work or as soon thereafter as possible.
An employee with accumulated compensatory time at the time of termination of employment with the District shall receive payment at the hourly rate received by the employee at the time of termination. Compensatory time is accumulated, and cannot be lost, from one (1) fiscal year to another.
The Superintendent will arrange for and hold staff meetings as the need may arise. This authority may be delegated to the building school principals or supervisor(s), who may hold such meetings on a regularly scheduled basis or as the need arises.
All appropriate staff members are required to attend any such meeting(s) unless officially excused.
Adopted: date of
manualManual adoption
Professional development is defined as those conferences, visitation, workshops, and the like mutually agreed upon by principals/supervisors and support staff as needed to enhance the education of the children being served and meet the goals of the District.
The following guides will be used in granting released time and/or travel expense:
● Value of the meeting or conference.
● Funds available in the appropriate budgets.
● Availability of a substitute, if one is necessary.
A per diem subsistence allowance, and/or mileage, for private automobiles may be paid as provided in state law or Board policies. The necessary forms and instructions for filing travel claims are available at administrative offices.
Professional growth towards salary advancement will not be awarded if the employee uses professional leave to attend professional development activities.
Reporting Off Work
A staff member using professional development leave shall file a Leave Request and report off using the District's substitute management system at least ten (10) days in advance of the leave.
Any employee who can be shown to have willfully violated or misused the District's leave policy or misrepresented any statement or condition will be subject to discipline, which may include but is not limited to reprimand, suspension and/or dismissal.
Adopted: date of manual adoption
LEGAL REF.:
A.R.S.
15-510
The supervisor(s) of the various departments or divisions shall be responsible for the supervision of personnel assigned to these areas and shall provide the necessary orientation to new employees and in-service training for all employees under their supervision.
All other support staff employees shall be under the supervision of the administrative heads of the units to which the employees are assigned. The administrative head shall be responsible for the necessary orientation of new employees and shall provide in-service training as needed.
Supervision shall include evaluation of the employee.
Adopted: date of
manualManual adoption
In order for employees to have feedback in relation to the performance of their duties, supervisors and administrators shall provide periodic evaluations. District form #211 normally is used for this process, but other narrative/written documents also may be used. Career employees shall be evaluated at least once every two (2) fiscal years. All other employees shall be evaluated at least once annually. Employees may request periodic evaluations by their supervisors. The essence of evaluations is the improvement of job performance.
In the case of probationary employees, the building administrator must complete an evaluation prior to the completion of the ninety (90) day probationary period. The form will be sent to the personnel office.
Opportunities for employees to provide feedback to supervisors on performance is also encouraged. This may be accomplished by means of an annual staff opinion survey and/or other appropriate means.
Evaluation of Instructional Aides
The supervising teacher may evaluate instructional aides assigned to work in their classroom. The adopted support staff evaluation form will be placed in the aide's personnel file. The evaluation will be given strong consideration when reviewing the aide for All support personnel shall be evaluated by the appropriate supervisor or administrator. A written evaluation of effectiveness of each support staff member shall be completed during the first year of employment and not later than ninety (90) days after the first day of work. A second first-year evaluation will be not later than the anniversary date of employment. At least once each year thereafter, an evaluation will be conducted. The evaluation will be used to increase job proficiency and for recommending continued employment.
Adopted: date of
manualManual adoption
EXHIBIT
SUPPORT STAFF VOLUNTARY
TRANSFER OF ACCRUED SICK LEAVE
(Medical Leave Assistance Program)
MEDICAL LEAVE ASSISTANCE PROGRAM REQUEST
Directions
Please read carefully the requirements for participation in the Medical Leave Assistance Program listed below, sign and submit to Carroll Onsae, Director of Personnel, along with the Verification of Serious Illness or Injury Form signed by your licensed health care practitioner. A copy of this form will be returned to you.
Employee name ________________________________ Date __________________
School/department ______________________________ SS No. _________________
I request to participate in the Medical Leave Assistance Program and verify the following:
1. I have depleted my accrued sick and personal and/or vacation leave as a result of a serious illness or injury. I understand that upon approval of this request any personal leave will be converted to sick leave for use prior to using donated leave.
2. I understand that "serious illness or injury" is defined as a "non-work-related illness that is required for more than ten (10) work days' absence for the same illness/injury within the school year as verified by my licensed health care practitioner." (Ordinarily, childbirth is not considered a serious illness.) I understand that I may also request coverage for a specified number of hours for intermittent treatment that is necessitated as a result of the qualifying serious illness or injury.
3. I understand that any donated leave will become my permanent property and may not be returned if unused.
4. I understand that I am not eligible for this program once I qualify for long-term disability coverage.
5. I give my permission, if necessary, for the Director of Personnel to verify or request additional information and/or documentation from the office of my attending licensed health care practitioner.
6. Based on the latest medical prognosis, I anticipate I will need ______ hours.
7. I understand that it is possible for my need for sick leave to be posted so that other employees may be made aware of my need.
8. I understand that once approved, donated leave may be returned or reimbursed to the donor employee. All donated leave becomes my permanent property unless I am released to work earlier than originally stated by my physician and I have a balance in excess of ten (10) donated hours. Extra hours will be returned to employees on a prorated basis.
9. I understand that falsification of information on any medical leave assistance documents will result in denial of medical leave assistance for the school year.
Check one of the following:
◻ I request that my need for sick leave be posted in schools/departments.
◻ I do not wish my need for sick leave to be posted in schools/departments.
I understand that persons wishing to donate must do so within fifteen (15) working days of the approval of this request.
_______________________________________________ ________________________
Employee or Authorized Designee's Signature Date
◻ Approved ◻ Disapproved
_______________________________________________ ________________________
Director of Personnel or Designee Date
EXHIBIT
SUPPORT STAFF VOLUNTARY
TRANSFER OF ACCRUED SICK LEAVE
(Medical Leave Assistance Program)
SICK LEAVE DONATION FORM
Directions
Please read carefully the information below, sign and submit it to Carroll Onsae, Director of Personnel. A copy of this form will be returned to you and to the employee receiving the donated sick leave.
Employee name ________________________________ Date __________________
School/department ______________________________ SS No. _________________
I desire to make a donation of sick leave and verify the following:
1. I have currently accrued fifty (50) or more hours of sick leave.
2. I understand that I may donate no more than twenty (20) hours of sick leave in any contract year.
3. I understand that my donated leave becomes the permanent property of the receiving employee and may not be returned to me if unused.
4. I understand that days of leave - not my actual wage/salary - will be donated.
5. I am not donating leave to my immediate supervisor or evaluator.
6. Information relative to this donation will remain confidential.
7. I make this donation voluntarily.
Number of hours to be donated _______________________________________________
Employee to receive donated hours ___________________________________________
I wish to have my name withheld from the ◻ Yes
person receiving this donation. Please check: ◻ No
_______________________________________________ ________________________
Employee or Authorized Designee's Signature Date
◻ Approved ◻ Disapproved
_______________________________________________ ________________________
Director of Personnel or Designee Date
EXHIBIT
SUPPORT STAFF VOLUNTARY
TRANSFER OF ACCRUED SICK LEAVE
(Medical Leave Assistance Program)
VERIFICATION OF SERIOUS ILLNESS OR INJURY
In order for an employee, ___________________________________________________
Name Social Security Number
to qualify for the Medical Leave Assistance Plan, the Flagstaff Unified School District requires written verification by a licensed health care practitioner of serious illness or injury requiring an employee to be confined to bed or to his/her home.
Please furnish the information requested below:
1. Nature of serious illness or injury.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
2. Beginning date of serious illness or injury ____________________________________
3. Expected date employee may return to work __________________________________
____________________________________________ __________________________
Signature of licensed health care practitioner Date
(Only original signatures accepted)
____________________________________________ __________________________
Typed or printed name Telephone number
____________________________________________
Federal Tax ID Number
This form is to be completed by licensed health care practitioner and
returned to Personnel with application or request for
Medical Leave Assistance Plan.
The number and type of support staff positions required to implement the District's educational program will be determined annually by the Board after recommendation from the Superintendent. In the event the Board decides to release support staff members, the following guidelines will be in effect:
● Normal A. Normal attrition due to terminations will be relied upon as the first means of reducing the staff.
● If B. If attrition does not accomplish the required reduction in the staff, the Superintendent shall submit to the Board the Board recommendations for the termination of specific staff members. The criteria used in formulating these recommendations formulating these recommendations shall include, but shall not be limited to:
■ Qualifications 1. Qualifications of staff members to accomplish the District's program.
■ Overall 2. Overall experience, training, and ability.
■ Past 3. Past contributions to the program of the District.
■ All 4. All other factors being equal, length of service in the District.
Criteria for selection of staff members to be released will be applied separately to employees within specialty categories.
Personnel to be laid off for the ensuing school year released shall be notified of such layoff release as soon as practical.
The District agrees, in concept, that if a staff reduction is implemented, employee seniority and qualifications will be a primary consideration. The District will use attrition to the extent practical, as deemed by the Superintendent, in lieu of reduction in force. However, if the District implements a staff reduction of career employees (or part-time employees who qualify for sick leave), or rehires any such positions that have been subject to reduction in force within twelve (12) months following the reduction in force, the District will use seniority to the extent practical within position classifications and including qualifications, as deemed necessary by the Superintendent or designee. Qualifications of employees who have been subject to reduction in force shall be considered when rehiring within the same classifications and other classifications. Seniority is defined as the last continuous date of hire.
Adopted: date of
manualManual adoption
An employee may be granted, upon request to the Superintendent, up to five (5) days of leave per year, with pay with the leave days deducted from the employee's available leave, to be used in the event of death in the employee's family as defined in GDCA.
Extensions of bereavement leave may be granted upon personal request to the Superintendent. If approved, all such extensions of bereavement leave shall be deducted from the employee's available leave.
In the absence of any available leave, and upon request to the Superintendent, an employee may request donated leave under the Accumulated Leave Assistance policy.
Adopted: July 11, 2007
LEGAL REF.:
A.R.S.
15-502
Employees voluntarily terminating their service with the District are expected to give advance notice of not less than ten (10) working days. This notice should be submitted to the supervisor in writing and should specify both the last day of work and the reason for terminating. Authorized unused vacation credit will be paid to employees with the last paycheck.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
23-352
23-353
CROSS REF.:
GDL - Support Staff Workload
Except in an emergency, positions will be posted at each site/location for at least six (6) working days. A file or binder of job descriptions shall be available at each site/location for employee use.
Adopted: date of manual adoption
Procedures for discipline of a support staff member are important to correcting inappropriate behavior as an option to dismissing the employee. When appropriate, the following procedures may be implemented under the concept of progressive discipline in which the penalty may be increased as the frequency or severity of the infraction increases. An employee who fails to respond to such attempts to correct inappropriate behavior may be dismissed. When an infraction is serious, the support staff member may be suspended or dismissed as a first step.
Categories of Misconduct
Support staff members may be disciplined for infractions that fall into, but are not limited to, the following categories:
● Committing fraud in securing appointment.
● Exhibiting incompetency in their work.
● Neglecting their duties.
● Engaging in acts of insubordination.
● Engaging in acts of child abuse or child molestation.
● Engaging in acts of dishonesty.
● Being under the influence of alcohol while on duty.
● Engaging in the use of narcotics or habit-forming drugs.
● Being absent without leave.
● Engaging in illegal political activity.
● Being involved in misuse or unauthorized use of school property.
● Carrying or possessing a weapon on school grounds unless they are peace officers or have obtained specific authorization from the appropriate school administrator.
Discipline of Support Staff Employees
Relation to other policies:
● Employee evaluations: The ratings, comments, and recommendations for improvement concerning an employee's performance made in the course of observation and evaluation, and salary decisions based on such observation and evaluation, are not deemed disciplinary in nature and are not subject to hearing, appeal, or the grievance procedure.
● Application of these rules: Disciplinary action in this section includes written warnings, written reprimands, placements on disciplinary probation, demotions, suspension without pay, and dismissal. Records of these disciplinary actions may become a part of the permanent record of the employee and be considered in future determinations concerning promotion, advancement, salary, discipline, suspension, dismissal, or other employment decisions. The following administrative actions are not included under this section: verbal warnings; suggestions and instructions, oral or written; modification of an employee's work assignment or location without loss of pay or benefits.
● Discipline imposed under this policy shall be subject to hearing and appeal only as set forth in this policy, and is not subject to the grievance procedure. Nonretention of an employee after expiration of appointment is not disciplinary in nature and is not an action subject to grievance or to hearing or appeal under this policy.
● Employees dismissed during a probationary period are not entitled to a hearing or appeal hereunder.
Disciplinary procedures:
● Disciplinary action:
■ Disciplinary action shall be initiated by written notice specifying the infraction that is cause for disciplinary action, the actual conduct occurring, and, if applicable, the rules, regulations, or policies of the Board or the provisions of Arizona law that have been violated, and the form of discipline.
■ Discipline may be imposed by principals and other building administrators.
■ An employee may be directed not to report for regular duty if the building administrator determines that the employee's presence would disrupt the work environment or would interfere with an ongoing investigation.
■ No demotion, suspension without pay, or dismissal shall occur until the building administrator and the staff member have met, the evidence supporting the proposed discipline has been explained to the staff member, and the staff member has been offered an opportunity to rebut.
■ Dismissal shall be effective upon notice from the building administrator, subject to ratification by the Governing Board.
■ When a disciplinary action is taken, the employee receiving the discipline shall have the right to a hearing as defined below.
● Hearing and appeal procedure:
■ Request for hearing before Superintendent:
⇒ An employee may request in writing that the disciplinary matter be heard by the Superintendent.
⇒ The written request for hearing must be received in the office of the Superintendent within eight (8) working days of the imposition of discipline. The request must contain a detailed statement of the basis for the review, the reasons the employee believes that the discipline is improper, and the relief requested. In the case of a dismissal, if no request for a hearing is timely filed, the dismissal shall be reported to the Board for ratification or other Board action at its next regular meeting.
■ Scheduling of hearing:
⇒ The employee shall be given eight (8) working days' written notice of the time and place of the hearing. Upon receiving the request, within eight (8) working days the Superintendent or designee shall respond with the time and place of the hearing.
■ Matters to be considered:
⇒ The employee, the building administrator who imposed the discipline, and the Superintendent shall have the right to include in the hearing such witnesses and representatives as they deem necessary to develop facts pertinent to the request for hearing.
■ Form of hearing:
⇒ At the hearing, the employee may appear in person and by counsel, if desired, and may present any testimony, evidence, or statements, either oral or in writing. The Superintendent shall be entitled to have legal counsel for the District present for the purpose of advising the Superintendent and assisting with conduct of the hearing. The hearing shall be informal in nature. The rules of evidence shall not apply, provided that irrelevant, immaterial, and unduly repetitious evidence may be excluded.
■ Closing; decision:
⇒ Upon conclusion of the hearing, the Superintendent shall have eight (8) working days to provide a written decision, together with the reasons for the decision, to the employee. The decision of the Superintendent shall be final in all matters except dismissals, suspensions without pay for more than ten (10) working days, and demotions, which are subject to appeal as defined below.
■ Appeal of suspension without pay for more than ten (10) working days, demotion, or dismissal:
⇒ If the employee is not satisfied with a decision of the Superintendent that imposes suspension without pay for more than ten (10) working days, demotion, or dismissal, a request for appeal to the Board may be submitted in writing within eight (8) working days of receipt by the employee of the decision of the Superintendent. The appeal must contain a detailed statement of the basis for appeal to the Board, specifying the reasons the employee believes that the decision of the Superintendent is improper and the relief requested. If no appeal is timely filed, dismissals shall be reported to the Board for ratification or other Board action at its next regular meeting, and suspensions without pay for more than ten (10) working days and demotions shall be deemed final without further action.
■ Scheduling of Board consideration:
⇒ The Board, no earlier than the eighth (8th) working day and no later than the twentieth (20th) working day, will hold a hearing on the appeal, or give such other consideration as it shall deem appropriate. The Board shall review the files and information presented and may request detailed position statements from the employee and the person who imposed the original discipline, which shall be submitted within three (3) working days after the request.
■ Board consideration procedures:
⇒ The employee, and a representative if requested by the employee, the Superintendent, and the administrators involved in administering the discipline shall have the opportunity to be present during any Board consideration of the appeal.
■ Disposition of the appeal:
⇒ Disposition of the appeal shall be made in writing not later than fifteen (15) working days after consideration of the appeal. Copies of the Board's written decision shall be furnished to the employee and involved administrators.
Confidentiality
Confidentiality is necessary before, during, and after an investigation of allegations against employees and/or discipline procedure. Therefore, confidentiality must be respected to the extent reasonably possible, and disciplinary action may occur if either party does not conform to such confidentiality with respect to the investigation and/or discipline procedure.
Representation
When it is reasonably foreseeable that disciplinary action will occur, and when a delay in a disciplinary meeting would not result in harm to any District functions, the employee will be given twenty-four (24) hours' notice of such a disciplinary meeting, to the extent reasonably possible. An employee may be represented by a person of the employee's choice, including but not limited to a FESA representative.
Suspension and Dismissal
Procedures for discipline of a support staff member are important to correcting inappropriate behavior as an option to dismissing the employee. When disciplinary action is necessary, progressive discipline will be used, except as provided below. Progressive discipline means that the penalty may be increased as the frequency or severity of the infraction increases. An example of progressive discipline may start with a verbal warning, a written warning, and may increase to a letter of reprimand or a letter of direction, suspension, and possible dismissal. An employee who fails to respond to such attempts to correct inappropriate behavior may be dismissed. When an infraction is serious, the support staff member may be suspended or dismissed as a first step.
Adopted: date of manual(Discipline)
Minor Disciplinary Action
A support staff member may be disciplined for any conduct that, in the judgment of the District, is inappropriate. Minor disciplinary action includes, without limitation thereto, verbal or written reprimands, suspension with pay, or suspension without pay for a period of five (5) days or less. Minor disciplinary action shall be imposed by the support staff member's supervisor. A support staff member who wishes to object to a minor disciplinary action shall submit a written complaint to the supervisor's superior within five (5) work days of receiving notice of the disciplinary action. The supervisor's superior will review the complaint and may confer with the support staff member, the supervisor, and such other persons as the supervisor's superior deems necessary. The decision of the supervisor's superior will be final.
Suspension without Pay for
More than Five Days
At-will employees. The employment of an at-will employee may be suspended without pay for a period of more than five (5) days by action of the Superintendent for any conduct by the employee that, in the judgment of the Superintendent, is inappropriate. Before suspending an at-will employee, the Superintendent will inform the employee of intent to suspend the employee and will give the employee an informal opportunity to explain why, in the employee's opinion, the suspension should not be imposed. The Superintendent's decision will be final.
Term employees. The employment of a term employee may be suspended without pay for a period of more than five (5) days by action of the Superintendent for any conduct that, in the judgment of the Superintendent, is inappropriate. If the Superintendent intends to suspend a term employee without pay for more than five (5) days, the notice and hearing procedures prescribed for the dismissal of term employees shall be followed, except that the hearing officer shall be designated by the Superintendent and the findings of the hearing officer shall be a final decision. At the Superintendent's option, the Superintendent may request that the Governing Board act as the hearing officer. If the hearing officer or the Governing Board finds that there is not cause to suspend the employee without pay for more than five (5) days, the Superintendent may, after reviewing the findings, impose minor disciplinary action.
Dismissal
At-will employees. The employment of an at-will employee may be terminated by action of the Governing Board for any reason, or for no reason, with or without advance notice, as the Governing Board desires. If the Superintendent recommends that the Governing Board terminate an at-will employee, the recommendation shall be submitted to the Governing Board in writing and a copy of the recommendation shall be delivered to the employee. The at-will employee may submit to the Governing Board prior to the Board meeting a written response to the recommendation. If the at-will employee chooses to attend the Board meeting when the recommendation is considered, the Governing Board may, in its discretion, permit the employee to address the Governing Board concerning only the recommendation.
Term employees. The employment of a term employee may be terminated for cause by action of the Governing Board at any time prior to the expiration of the term of employment. For the purposes of this provision, cause means any conduct that, in the judgment of the District, is detrimental to the interests of the District or its personnel or students and shall include, without limitation thereto, the following:
| A. Absence without leave | J. Incompetence or inefficiency |
| B. Abuse of leave | K. Insubordination |
| C. Alcohol or drug impairment | L. Neglect of duty |
| D. Child abuse or molestation | M. Unauthorized possession of a
weapon on school grounds |
| E. Discourteous treatment of the
public | N. Unauthorized use of school
property |
| F. Dishonesty | O. Unlawful conduct |
| G. Excessive absenteeism | P. Use of illegal drugs |
| H. Fraud in securing employment | Q. Violation of a directive of a
supervisor |
| I. Improper attitude | R. Violation of a District policy or
regulation |
If the Superintendent recommends termination of a term employee, a copy of the recommendation shall be delivered to the employee. The employee may request a hearing within five (5) work days after receipt of the recommendation. If a hearing is requested, the Superintendent shall deliver a written notice of the time and place of the hearing and a written statement that gives the reasons for the recommendation, a list of persons whom the Superintendent expects to testify in support of the recommendation (together with a brief summary of what each person is expected to say), and a general description of any other evidence that the Superintendent at the time believes may be presented at the hearing in support of the recommendation.
The hearing shall be conducted by the Governing Board or by a person designated by the Governing Board within not less than five (5) work days and not more than thirty (30) calendar days after a request for hearing is submitted by the employee. The date of the hearing may be postponed by stipulation of the employee and the District, or by and in the sole discretion of the Governing Board or the hearing officer, or at the request of the aggrieved employee or the District for such reason or reasons as the Governing Board or hearing officer may deem appropriate.
The employee may be represented at the hearing by counsel, at the employee's expense. The employee shall have the opportunity to present witnesses and to cross-examine any witnesses presented by the District. Formal rules of evidence shall not apply. A record of the hearing shall be made by use of a mechanical device.
If a hearing officer is used, the hearing officer shall prepare a written statement of findings as to whether there is cause for termination of the employee and submit it to the Governing Board within ten (10) work days after the conclusion of the hearing. The Governing Board shall review the written statement and, if desired, the record, and the Governing Board's decision whether to accept the findings and whether to terminate employment or to impose other discipline shall be a final decision.
If the Governing Board conducts the hearing, it shall render a decision within ten (10) days after the conclusion of the hearing.
General Matters
Failure to object to a disciplinary action or take other action within the time limitations set forth in this policy shall mean that the employee does not wish to pursue the matter further. Complaints filed after the expiration of the applicable time limitation will not be considered.
The filing or pendency of a complaint or other form of grievance pursuant to this policy shall in no way limit or delay action taken by the supervisor or the Superintendent authorized by this policy to take such action.
A complaint relating to minor disciplinary action, suspension without pay for more than five (5) days, or dismissal shall not be processed as a grievance.
None of the procedures of this policy shall alter the status of an at-will employee.
This policy does not apply to:
A. Any administrative recommendation or Governing Board action, discussion, or consideration involving the nonrenewal of a term employee.
B. Ratings, comments, and recommendations made in the course of an evaluation of a support staff member.
C. The decision of the Superintendent to place a support staff member on administrative leave.
D. Counseling of or directives to a support staff member regarding future conduct.
Adopted: date of Manual adoption
LEGAL REF.:
A.R.S.
13-2911
15-341
15-505502
41-770
CROSS REF.:
DKA - Payroll Procedures/Schedules
A regular, full-time employee's position in the District shall be given precedence over any type of outside work or self-employment. Employees are free to carry on outside work or self-employment projects as long as no District facilities, equipment, or school(s) are used, except as provided by policy, and the outside work or self-employment does not interfere with the employees' performance of District-assigned duties.
The outside work or self-employment by a staff member is of concern to the Board insofar as it may:
● Prevent A. Prevent the employee from performing assigned responsibilities in an effective manner.
● Be B. Be prejudicial to proper effectiveness in the position or compromise the District.
● Raise C. Raise a question of conflict of interest - for example, where the employee's position in the District permits access permits access to information or other advantage useful to the outside employer.
Therefore, an employee may not perform any duties related to outside work or self-employment during regular District working hours or during the additional time that is needed to fulfill the responsibilities of the District position. Employees who violate this policy are subject to reprimand, suspension, or termination.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-321
15-341
CROSS REF.:
EDB - Maintenance and Control of Materials and Equipment
KF - Community Use of School Facilities
All parts of the curriculum are interrelated and important to the development of the student. The physical, emotional, social, aesthetic, and cognitive development of the student are all elements of importance within the school program.
The District will provide basic communication and computational skills, an experience-based curriculum, and exploration of all different disciplines and decision-making techniques to enable the student to choose between alternatives.
Specifically, the District instructional program will be designed and implemented to provide for developing:
● Provide a strong academic program for all students in reading, language arts, mathematics, social studies, science, health, physical education, art, music, and vocational areas. Emphasis should be placed on a broad understanding of these subjects, including the learning of skills, accumulation of information, and the development of creativity and self-expression.
● Assess individual student abilities, needs, and interests to assist students in setting and exploring personal goals. Students with unique needs - those academically (including those with limited English proficiency), physically, or emotionally handicapped or those especially gifted - should receive the special services in testing, counseling, and training to assist them in meeting these needs.
● Cultivate in students the ability to make wise choices and independent judgments, to be creative and innovative in their approach to solving problems and meeting personal needs as a base for career and life decisions. Provide the guidance, direction, and assistance needed for their social and cultural integration within school and within society.
● Develop an understanding of social, political, and economic issues and an attitude of open-mindedness so that each student may be aware of contributions the individual can make in our society. Develop in all students an attitude of respect for authority and for the need of an orderly society, fostering an appreciation for the democratic system and its responsibilities.
● Develop enrichment programs, both academic and nonacademic, that provide fulfillment and challenge as well as encourage the worthwhile use of leisure time.
● Maintain regular communication with parents and with the community at large in order to build understanding of students' abilities and needs, thus encouraging a cooperative effort among school, parents, and the community for optimum student progress. In this context, the District will utilize the resources of parents and community in planning and implementing the schools' programs.
● Provide the administrative framework that fosters an innovative and flexible attitude among staff members and encourages them to strengthen their professional competencies and knowledge in order to meet the needs of individual students.
● Employ staff members of the highest quality and provide, within financial resources, the materials and facilities needed to support the District's programs.
● Develop, maintain, and regularly upgrade procedures that ensure the ongoing evaluation and revision, when necessary, of all District programs, making sure that such programs meet the best interests of the community's youth.
Adopted: date of manualA. Skills in communication - to include reading, writing, speaking, listening, and composition.
B. Skills in computation.
C. Appreciation of the world of work.
D. Pride of workmanship and skills for economic survival.
E. Appreciation of the importance of physical fitness.
F. Research and problem-solving skills.
G. Ability to think analytically, critically, and independently.
H. Skills in foreign or Native American language.
I. Ability leading to citizen responsibility.
J. Understanding and respect for our cultural heritage.
K. Appreciation for the intrinsic value of education.
L. Appreciation of the fine arts.
M. Skills in technology.
Adopted: date of Manual adoption
CROSS REF.:
AD - Educational Philosophy/School District Mission
IJNDB - Use of Technology Resources in Instruction
The Governing Board recognizes that to educate students in a democratic society, to foster a recognition of individual freedom and social responsibility, to encourage meaningful awareness of and respect for the United States Constitution and Bill of Rights, and to instill appreciation of the values of individual personality, it is necessary that these democratic values be transmitted in an atmosphere as free as possible from censorship and artificial restraint on free inquiry and learning.
The Board, as the governing body of the District, is legally responsible for the selection of instructional materials, resources, and persons used in classes for the instruction of students [A .R.S. 15-341].The Board recognizes that the professional personnel of the District have the responsibility for recommending instructional materials, media center resources, and speakers as resource persons for classroom instruction.The Board further recognizes the responsibility of the professional staff to recommend approval of instructional materials such as library books, periodicals, textbooks, supplementary textbooks, maps, globes, charts, slides, prints, films, filmstrips, recordings, speakers, and the like of the highest quality that will support the educational objectives of the District. Materials used in student assemblies and public or class presentations by drama, music, or other departments shall be included in this policy.
Materials, resources, and speakers shall be selected to ensure that they will stimulate students in the growth of factual knowledge, literary appreciation, aesthetic values, ethical standards, and insights into societal and governmental problems in a contemporary setting. Instructional resources should be selected to assist students with a background of information that will enable them to make intelligent judgments in their daily and adult lives. Resources should be selected so as to present a reasonable balance of diverse points of view to controversial and contemporary issues so that students may develop, under guidance, the practice of critical thinking, inquiry, research, and expression.
Whenever appropriate, resources shall be selected that will represent the many ethnic and cultural groups and their contributions to American society. Resources should be selected that present the many and varied aspects of American culture and society and may include views that might be considered unsavory by some individuals or groups within the District.
The value or impact of any literary work or speech shall be judged as a whole, taking into account the intent of the author or speaker rather than individual words, phrases, or comments taken out of context.
Teachers, taking into account the maturity level of students, may recommend, for individual reading or research, materials that they feel will have educational significance for the student. A student's right not to read an alleged controversial resource will be respected. The teacher will attempt to offer a substitute assignment when possible.
The Board encourages teachers to pursue and to instill in their students a quest for knowledge and truth. Teachers shall ensure that materials used are consistent with Board-approved curriculum guides and relevant to course content. Teachers will use appropriate and effective methods of instruction. Any deviation shall have prior approval of the respective school principal. Other than specified, the Board places no special limitation upon the study, investigation, the presentation and interpretation of facts and ideas concerning man, society, the physical or biological world and other branches of learning.
The Board recognizes that the ability of students to progress and mature academically and socially is a combined result of the school, the home, and the economic and social environment, and that teachers alone cannot be held responsible or accountable for every aspect of student achievement. The Board further realizes that the total education of a student requires the combined efforts of the teacher, student, and the parent(s).
Provided that materials or resources used are relevant to course content and consistent with curriculum guides adopted by the Board or have prior approval of the respective school principal, teachers shall be encouraged to exercise professional freedom in classroom instruction and discussion to introduce political, religious, economic, social, or such other subjects or topics as they consider appropriate in the instruction of students assigned to their class or course of study.
Teachers are encouraged to create an atmosphere in the classroom that permits and encourages students to raise questions dealing with the critical issues of the time and that maintains a climate that fosters the study, investigation, presentation, and interpretation of facts that stress the interplay of ideas, consistent with the maturity level of students assigned to them.
Procedure for Handling Questioned
Speakers or Resources
Since opinions may differ in a democratic society, the following procedures shall be observed in considering those differences in an impartial and factual manner:
● Citizens of the District are encouraged to register concerns, criticisms, or complaints with the teacher involved, the appropriate building principal or supervisor involved, the Superintendent, and the Board, in that order.
● If an individual or group has a complaint or criticism of any textbook, resources, speaker, or instructional material, such criticism or complaint shall be presented in writing, using the form "Citizen's Request for Reconsideration of Instructional Materials and Speakers," which is available in the Superintendent's office or the office of each school building principal. The form shall be signed and sufficient identification given to allow a reply to be made from the appropriate level.
● The principal involved shall appoint a committee of school personnel to review the "Citizen's Request for Reconsideration of Instructional Materials and Speakers," reevaluate the questioned materials, and submit a written recommendation regarding the continued use of the questioned materials/speakers.
● The committee shall be composed of the building principal, who shall act as chairperson, the president of the Association or his designee, the assistant superintendent for curriculum and instruction, the department or grade-level chairperson involved, and no fewer than three (3) nor more than five (5) other teachers. The teachers selected shall include those directly involved in the process as well as teachers from the appropriate department or grade level.
● The individual or group initiating the "Citizen's Request for Reconsideration of Instructional Materials and Speakers" may appeal the decision of the committee to the Board through the Superintendent.
● In all appeals of committee decisions, the Superintendent shall review the committee's recommendations, meet with the individual or group filing the appeal, and, if necessary, submit the appeal together with his own recommendations for further consideration by the Board.
● Interim continued use of questioned resources shall be consistent with the written recommendation of the committee pending formal action by the Board.
● In its disposition of the appeal, the Board's decision shall be consistent with the provisions of this policy.
A professional staff seeks to educate people in the democratic tradition, to foster recognition of individual freedom and social responsibility, to inspire meaningful awareness of and respect for the Constitution and the Bill of Rights, and to instill appreciation of each individual's values. These democratic values can be transmitted best in an atmosphere free from censorship and artificial restraints on free inquiry and learning.
Within the confines of state law, Board policy gives teachers the opportunity to create in the classroom an atmosphere of freedom. This atmosphere permits students to raise questions dealing with critical issues of the time. An atmosphere of freedom produces an environment conducive to the study, investigation, presentation, and interpretation of facts. The teacher is responsible for exercising good judgment in selecting issues for discussion of value to the students involved. These issues selected for discussion must have demonstrated relevance in some significant way to the course of study that the instructor is to be addressing.
Adopted: date of
manualManual adoption
The school year shall be not less than the number of instructional days specified in the following schedule:
School Year(s) Instructional Days
2003-2004 178
2004-2005 179
2005-2006 and beyond 180
one hundred eighty (180) instructional days.
Each instructional day shall consist of not less than the minimum amount of time prescribed in A.R.S. 15-901 for each respective program level. Variance from this requirement may be sought under A.R.S. 15-861.
The Board shall establish the school calendar each year after recommendations from the Superintendent.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-341.01 (Laws 2000, 5th S.S., Ch 1 , § 54)
15-801
15-854
15-855
15-861
15-881
15-901
The normal school day for the instruction of the students of this District shall be in accordance with Arizona Revised Statutes.
The regular school session may be temporarily altered by the Board upon recommendation by the Superintendent when such alteration is in the best interest of the District.
The Superintendent may close the schools, delay the opening of schools, or dismiss school early for emergency reasons and to protect the health and safety of students and staff members, shall prepare rules for the proper and timely notification of concerned persons in the event of such emergency closing, and shall in all cases inform the Board President as soon as possible.
The Superintendent shall develop guidelines that allow students to enter schools and to leave schools under exceptional conditions so that variances with the normal school schedule may be accommodated. Such guidelines shall consider inclement weather, family illness, and other similar circumstances.
Adopted: date of
manualManual adoption
The instructional program shall be divided into three (3) levels:
● Elementary A. Elementary school, which shall include grades prekindergarten (PK) through six (6).
● Middle B. Junior high school, which shall include grades seven (7) and eight (8).
● High C. High school, which shall include grades nine (9) through twelve (12).
The organizational plan shall be subject to change by the Governing Board whenever the needs of the students and/or District warrant such change. The District will coordinate and articulate a prekindergarten (PK) through grade twelve (12) instructional program.
Adopted: date of
manualManual adoption
The need and value of a systematic, ongoing program of curriculum development and evaluation involving students, parents, teachers, and administrators are recognized. It is essential that the school system continually develop and modify its curriculum to meet changing needs. The Board authorizes the Superintendent to develop the curriculum for the school system and to organize committees to review the curriculum. All curriculum changes shall be approved by the Governing Board.
It shall be the responsibility of the Superintendent to develop proposals relating to curriculum modifications and additions that, in the opinion of the professional staff and consultants, are essential to the maintenance of a high-quality program of education from prekindergarten (PK) through grade twelve (12).
All certificated personnel have professional obligations to the school program beyond regular classroom duties, and these obligations will include work on curriculum committees.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-203
15-341
15-701
15-701.01
15-721
15-722
New Staff Member Orientation Sessions
An orientation session will be scheduled for all new support staff employees. The purpose of the session will be to provide the employee with information regarding benefits and conditions of employment.
Support Staff Handbook
Each support staff employee will be provided with a support staff handbook. The handbook will outline policies and regulations that affect support staff employees. Each employee will be responsible for reading the handbook.
If the Board has recognized an employee association pursuant to Policy GDQD, that association shall be given the opportunity to review the handbook prior to its publication, and the association shall inform the District administration regarding any errors or omissions.
Adopted: date of manual adoption
All new programs and courses of study will be subject to Board approval, as will elimination of programs and courses and extensive alteration in their content. Curricular proposals from the professional staff may be presented to the Superintendent, who will be responsible for making recommendations to the Board on such matters.
The Governing Board acknowledges the legislative affirmation that public school students should be taught to value each other as individuals and not be taught to resent or hate other races or classes of people.
No District school shall include in its program of instruction any courses or classes that:
● PromoteA. Promote the overthrow of the United States government.
● PromoteB. Promote resentment toward a race or class of people.
● AreC. Are designed primarily for students of a particular ethnic group.
● AdvocateD. Advocate ethnic solidarity instead of treatment of students as individuals.
The above restrictions are not to be construed to restrict or prohibit:
● CoursesA. Courses or classes for Native American pupils that are required to comply with federal law.
● GroupingB. Grouping of students according to academic performance, including capability in the English language,
that maythat may result in a disparate impact by ethnicity.
● CoursesC. Courses or classes that include the history of any ethnic group and that are open to all students, unless
the coursethe course or class is in violation of an above cited course or class restriction.
● CoursesD. Courses or classes that include the discussion of controversial aspects of history.
● InstructionE. Instruction about the Holocaust, any other instance of genocide, or the historical oppression of a
particular groupparticular group of people based on ethnicity, race, or class.
An alleged failure by the District to abide by the preceding conditions may subject the District to investigation by the State Board of Education (SBE) or the Superintendent of Public Instruction. Enforcement action may be instituted by the SBE or the Superintendent of Public Instruction as prescribed by A.R.S. 15-112.
Adopted:
February 12, 2013date of Manual adoption
Probationary Period, Part-Time
Employment, Appointments
Support staff hired shall serve an initial probationary period on ninety (90) calendar days. During a probationary period, employees may be dismissed without notice and without cause, at the sole discretion of the building administrator. Employees dismissed during a probationary period are not entitled to a hearing or appeal, nor to grievance procedures, and have no expectations of continued employment during the probationary period.
Upon a probationary employee's promotion, transfer, or demotion to a new position, the building administrator may elect to have the employee serve a new probationary period not to exceed ninety (90) days in duration.
Before the end of the initial probationary period, the building administrator shall perform an evaluation of the employee to determine whether the employee's services are satisfactory. This evaluation shall be submitted to the personnel office. If, in their sole discretion, the building administrator and the personnel office determine that the services of the probationary employee are unsatisfactory, or for any other reason the services of the employee shall not be continued, the employee may be dismissed immediately upon written notice by the personnel office.
Upon successful completion of a probationary period, employees shall be appointed for the balance of a school year or other term, as the case may be. Such appointments shall not automatically be renewed. Further employment after expiration of an appointment shall be at the discretion of the Governing Board.
Adopted: January 10, 2012
Curriculum guides shall be developed for the various subject areas. These guides shall present at least a minimal outline for instruction and a basis for further development of the particular courses.
In accordance with requirements of the state of Arizona, the District will develop its own curriculum guides to reflect local needs. The guides shall be designed to assist users in implementing the District philosophy regarding the teaching of a subject and will, when possible, suggest a variety of possibilities for instruction, patterns of individualization, variations of approaches, and materials.
The Superintendent will formulate procedures for the development and use of curriculum guides.
Adopted: date of
manualManual adoption
REGULATION
CURRICULUM GUIDES AND
COURSE OUTLINES
Development of Curriculum Guides
Curriculum guides will be developed by the staff members and teachers who are to use them.
If participation of the entire staff is not feasible, representatives of the staff and/or departments concerned shall be appointed to committees for study, creation, and revision of any particular guide.
When work is completed on a guide, the committee responsible for its development shall present it to the Superintendent.
Use of Guides
Curriculum guides are to serve as a framework from which a teacher will develop units of study, individual lesson plans, and approaches to instruction that will serve the students' particular needs at a particular time. The guides shall be used to map the logical sequence of instruction.
The principal, department heads, or other supervisors shall see that optimum use is made of available curriculum guides. Teachers will adhere to the guides.
The various instructional programs will be developed to maintain a balanced, integrated, and sequential curriculum that will serve the educational needs of all school-aged children in the District. The curriculum will be broad in scope and provide for a wide range in rate, readiness, and potential for learning.
The instructional program shall reflect the importance of language acquisition/reading-skill development as the basic element in each student's education. The first priority of the instructional program will be language acquisition through a planned sequence of reading skills and language experiences beginning in the kindergarten program. The improvement of specific reading skills of students should be continuous throughout their education. Each school educating students in kindergarten and grades one (1) through three (3) shall have a reading program as required by A.R.S. 15-704 and applicable State Board of Education rules.
The second priority of the instructional program will be mastery of the fundamentals of mathematics, beginning in the kindergarten program.
The minimum kindergarten program in the District is one-half (1/2) day. At the school site's discretion, a full-day kindergarten program may be offered, with the following requirements:
● There can be no additional cost to the District for providing the full-day kindergarten, except at those sites that receive all-day funding from the State of Arizona..
● Scholarship opportunities must be made available for students who are in need.
● The full-day kindergarten student population should closely reflect the diversity of the entire school community.
Attention to the above-listed priorities shall not result in neglect of other areas of the curriculum.
The instructional program will include planned sequences in:
● Language A. Language arts - reading, spelling, handwriting, English grammar, composition, literature, and study skills.
● Mathematics B. Mathematics experiences.
● Social C. Social studies - history including Native American history, geography, civics, economics, world cultures, political political science, and other social science disciplines.
● Science D. Science experiences.
● Fine E. Fine and practical arts experience - art education, vocal and instrumental music, and vocational/business educationbusiness education.
● Technology F. Technology skills.
● Health G. Health and safety education.● Physical
H. Physical education.
● I. Foreign or Native American language.
The planned program for all students shall also include library instruction, individual study, guidance, other appropriate instructional activities, and all instruction required under state law and State Board of Education regulations.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-203
15-341
15-701
15-701.01
15-704
15-710
15-718
15-741.01
15-802
A.A.C.
R7-2-301 et seq.
CROSS REF.:
IJNDB - Use of Technology Resources in Instruction
EXHIBIT
BASIC INSTRUCTIONAL PROGRAM
Reading
For students in kindergarten (K) and grades one (1) through three (3), the District shall:
● select A. select and administer screening, ongoing diagnostic and classroom based instructional reading assessments, including including motivational assessments, as defined by the State Board of Education;
● conduct B. conduct a curriculum evaluation;
● adopt C. adopt a scientifically based reading curriculum including the essentials of reading instruction;
● provide D. provide ongoing teacher training based on scientifically based reading research;
● devote E. devote reasonable amounts of time to explicit instruction and independent reading;
● provide F. provide intensive reading instruction as defined by the State Board of Education to each student who does not meet not meet or exceed the Arizona Instrument to Measure Standards (AIMS) teststandards; and
● review G. review its reading program and take corrective action as specified by the State Board of Education whenever more whenever more than twenty percent (20%) of the third grade students do not meet the AIMS Arizona standards.
Skin Cancer Prevention
For students in the grades kindergarten (K) through eight (8) a comprehensive skin cancer prevention program shall be provided.
Instruction shall be in an age appropriate manner and include the following components:
● Basic A. Basic facts about skin cancer;
● The B. The negative impact of human exposure to ultraviolet radiation obtained through sunburns and tanning;
● Strategies C. Strategies and behaviors to reduce the risk of contracting skin cancer.
Subject to the exceptions provided in A.R.S. section 15-753, all students in this School District shall be taught English by being taught in English.
Definitions
"Bilingual education/native language instruction" means a language acquisition process for students in which much or all instruction, textbooks, or teaching materials are in the child's native language other than English. "English language classroom" means a classroom in which English is the language of instruction used by the teaching personnel, and in which such teaching personnel possess a good knowledge of the English language. English language classrooms encompass both English language mainstream classrooms and sheltered English immersion classrooms.
"English language mainstream classroom" means a classroom in which the students either are native English language speakers or already have acquired reasonable fluency in English.
"English learner" or "limited English proficient student" means a child who does not speak English or whose native language is not English, and who is not currently able to perform ordinary classroom work in English.
"Sheltered English immersion" or "structured English immersion" means an English language acquisition process for young children in which nearly all classroom instruction is in English but with the curriculum and presentation designed for children who are learning the language. Books and instructional materials are in English and all reading, writing, and subject matter are taught in English. Although teachers may use a minimal amount of the child's native language when necessary, no subject matter shall be taught in any language other than English, and children in this program learn to read and write solely in English. This educational methodology represents the standard definition of "sheltered English" or "structured English" found in educational literature.
English Immersion
All students who are English learners shall be educated through sheltered English immersion during a temporary transition period not normally intended to exceed one (1) year. Once English learners have acquired a good working knowledge of English and are able to do regular school work in English, they shall no longer be classified as English learners and shall be transferred to English language mainstream classrooms.
The Superintendent shall develop procedures as necessary to implement this policy.
Adopted: August 26, 2008date of Manual adoption
LEGAL REF.:
A.R.S.
15-751 through 15-756
15-756.02 through 15-756.06
15-756.08
15-756.10
15-756.11
15-756.12
15-756.13
15-757
A.A.C.
R7-2-306
CROSS REF.:
IHBE - Bilingual Instruction/Native Language Instruction
IL - Evaluation of Instructional Programs (Testing Programs)
ILB - Test/Assessment Administration (State Mandated Testing)
REGULATION
ENGLISH INSTRUCTION
Program
Each school shall use an English Language Learner (ELL) program developed from a state task force approved model. All ELLs are to be provided with appropriate daily English language development and instruction.
Student Identification
A home language survey form will be completed at the time of enrollment of new or transfer students. The form will explain how students are assessed for English language proficiency. If the primary home language (the language most often spoken in the home or the first acquired language) is a language other than English the student shall be considered to have a primary or home language other than English (PHLOTE).
All PHLOTE children shall be administered English language assessments upon initial entry and at the end of the year (after February1February 1). New and continuing ELLs may be assessed at midpoint of the academic year, but no student may be assessed more than three (3) times per year. The midyear assessment (not a wholesale assessment of all students) will provide those who warrant assessment an opportunity to enter a mainstream classroom as soon as possible.
The tests will be administered at the times indicated by trained personnel except when federal grants require different time lines or when an individualized education program (IEP) team for a qualified special education child finds the procedure inappropriate.
Student Progress and Reassessment
for Reclassification
At least annually, parents shall receive a notice of student proficiency level and program placement.
ELLs not progressing as evidenced by failure to improve scores on the Arizona state standards tests or the nationally standardized test of A.R.S. 15-741 may be provided compensatory instruction to assist them in achieving those standards. A written individualized compensatory plan that documents the scope and type of instructional services provided to an ELL shall be kept in the student's file.
Reassessment of classification may take place following assessment testing but shall be considered at least once a year. If appropriate, parents shall receive a reclassification notice with a copy of the notice to be placed in the student ELL file.
When a student is reclassified as a fluent English language (FEL) student, the school shall monitor the student for two (2) years after the reclassification to determine if the student is performing satisfactorily. The two (2) year monitoring form shall be maintained in the student's file.
(Support Staff Employees
Professional Growth Program)
The program: The support staff employee professional growth program enables employees to earn salary increments for appropriate professional training.
Target group: Support staff employees of the District.
Definition: Professional growth shall mean:
● An approved professional activity that improves the employee's performance on the job.
● An approved activity that increases the employee's skill or job knowledge.
● An approved activity that permits personal development through job-related training.
Professional growth options:
● Course work - university/college/junior college.
● Trade or professional school.
● District in-service training/workshops.
● Institutes, workshops, or conferences.
● Community schools courses.
Substantiation of professional activity: Transcripts or certificates of successful completion must be received by the District personnel office no later than October 1 of the school year in which the support staff employee is employed.
Course work: Seat hours may be applied to the incentive plan by taking courses at the university, college, junior college, trade, or professional school level. To ensure credit, these courses should have prior approval before being taken for credit.
These courses must be related to job performance except for courses taken that lead to a teaching degree, and, before any seat hours are established, verification must be provided by an official transcript or a certificate of completion from the school attended, indicating unit credit completed.
Any course work taken in a skill must be above the entry level required for the job the employee currently holds; i.e., a secretary could not receive credit for beginning typing, but credit would be granted for word processing.
In-service training:
District: An in-service training program is designed for an exchange of ideas and presentation and discussion of information, methods, and skills for job improvement. An employee must attend in-service courses outside of work hours in order to receive point credit. No credit will be granted for courses attended on District time.
All District in-service courses will be submitted to the CPGC at the scheduled meetings in August, January, and May. Employees will not have to submit these courses for approval prior to their taking the course.
Double seat hours shall be given to support staff personnel who instruct a District in-service course, upon approval of course outline by the Support Staff Employee Professional Growth Committee.
Non-District: Institutes, or workshops that are scheduled by organizations, institutions, or professional societies to present and discuss information relating to occupational or self-improvement, can qualify for credit. These must be highly related to the job and have a learning atmosphere rather than a convention/social focus.
Verification of attendance shall be by:
● Paid fee statement (paid by applicant, not the District).
● Affidavit containing description of training, learning, activities, hours of attendance, proof of attendance, signature of instructor or seal of sponsoring organization.
● Registration receipt.
Seat Hours, Movement on the Schedule:
● Sixty (60) seat hours will result in movement of one (1) step downward on the salary schedule.
● One (1) university credit equals fifteen (15) seat hours.
● One (1) seat hour is the minimum for in-services and workshops to be eligible for credit.
Base pay increase: By October 1 of any year in which an employee has completed approved seat hours, the employee may apply to personnel for consideration for a step increase on the support staff salary schedule based on the schedule outlined above. All seat hours must be substantiated by records as indicated in this policy, and documentation must be provided by the applicant when petitioning for a base pay increase.
Support Staff Employee Professional Growth Committee: A committee consisting of representation from various support staff work areas will meet three (3) times each year as scheduled by the committee for the purpose of recommending prior approval of courses/activities submitted by support staff employees. The review committee will also review/recommend proposed District in-service training courses. These recommendations shall be made to the Governing Board, who will consider final approval for base pay advancements.
Adopted: date of manual adoption
EXHIBIT
SUPPORT STAFF DEVELOPMENT
(Support Staff Professional
Growth Suggested Classes)
MATH BUSINESS
General Math Word Processing
Statistics Spread Sheets
Algebra Bookkeeping
Trigonometry Typing
Desk Top Publishing
Computer Programming
Library Science
Various Computer Classes
Internet Instruction Classes
ENGLISH VOCATIONAL
Composition Woodworking
Reading Welding
Literature Housekeeping
Writing Plumbing
English Grammar and Usage Automotive
Mechanics
Metal Machining
Drafting
Blue Print Reading
LANGUAGES HEALTHCARE
Sign Language Child Care
Spanish First Aid/CPR
French First Responder
Navajo, etc. Preschool Course
The instructional program may include content on drugs, alcohol, and tobacco for the purpose of developing students' ability to make intelligent choices based on facts, and to develop courage to stand by their own convictions. Further, instruction on the nature and harmful effects of alcohol, tobacco, narcotic drugs, marijuana, date rape drugs, and other dangerous drugs on the human system and instruction on the nonuse and prevention of use and abuse of alcohol, tobacco, narcotic drugs, marijuana, date rape drugs, and other dangerous drugs may be included in the courses of study, with emphasis on grades four (4) through nine (9). Instruction on the nature and harmful effects of alcohol, tobacco, narcotic drugs, marijuana, date rape drugs, and other dangerous drugs on a human fetus may be included in the courses of study in grades six (6) through twelve (12). The instruction may be integrated into existing health, science, citizenship, and similar studies and shall meet the criteria for chemical abuse prevention education programs. The program should also emphasize the therapeutic benefit derived from the use of drugs prescribed by a health professional. The program will conform to all applicable Arizona Revised Statutes and Arizona Administrative Codes.
Objectives of the substance abuse program:
● To A. To create an awareness of the total drug problem: prevention; education; treatment; rehabilitation; and law enforcement law enforcement on the local, state, national, and international levels.
● To B. To inform the students of the effect on the body of narcotics, sedatives, hallucinogens, and stimulants through the through the appropriate classes.
● To C. To relate the use of drugs and alcohol to physical, mental, social, and emotional consequences.
● To D. To encourage the individual to adopt an appropriate attitude toward pain, stress, and discomfort.
● To E. To understand the need for seeking professional advice in dealing with problems related to physical and mental and mental health.
● To F. To understand the personal, social, and economic problems caused by the misuse of drugs and alcohol.
Adopted: December 11, 2012date of Manual adoption
LEGAL REF.:
A.R.S.
13-3401
15-345
15-712
CROSS REF.:
JICG - Tobacco Use by Students
JICH - Drug and Alcohol Use by Students
Instruction in Sex Education
Grades K - 8:
● Instruction A. Instruction in sex education may be offered in the District in conformity with the requirements of Arizona law.
● Prior B. Prior to offering sex education, the Board shall establish an an ad hoc hoc advisory committee with membership representative membership representative of the District's size and the racial and ethnic composition of the community to assist in the development the development of lessons and advise the Board on an ongoing basis.
● The C. The Board shall review the total instructional materials for lessons presented for approval.
● The D. The Board shall publicize and hold at least two (2) public hearings for the purpose of receiving public input at least at least one (1) week prior to the Board meeting at which sex education lessons will be considered for approval.
● The E. The Board shall maintain for viewing by the public the total instructional materials to be used in approved sex education sex education lessons within the District.
● The F. The Superintendent shall, before recommending the offering of instruction in sex education, develop and implement and implement regulations that meet the requirements of Arizona regulatory and statutory law.
● If G. If sex education is offered in grades seven (7) and eight (8) the curricula shall include instruction on the laws relating laws relating to sexual conduct with a minor.
Grades 9-12:
● Instruction A. Instruction in sex education may be offered in the District in conformity with the requirements of Arizona law.
● The B. The Governing Board shall review the total instructional materials and approve all lessons in the course of study of study to be offered in sex education.
● The C. The Board shall maintain for viewing by the public the total instructional materials to be used in all high school sex school sex education courses to be offered.
● If D. If sex education is offered, the curricula shall include instruction on the laws relating to sexual conduct with a minora minor.
Certification of Compliance
The District shall certify, under the notarized signatures of both the Governing Board President and the Superintendent, compliance with A.A.C. R7-2-303. Acknowledgment of receipt of the compliance certification from the State Board of Education is required as a prerequisite to the initiation of instruction. Certification of compliance shall be in a format and with such particulars as shall be specified by the Department of Education.
Instruction on Acquired Immune
Deficiency Syndrome and Human
Immunodeficiency Virus
The District may provide instruction in kindergarten (K) through grade twelve (12) on acquired immune deficiency syndrome and the human immunodeficiency virus as authorized by Arizona law.
If instruction is to be offered at one (1) or more grade levels, the Superintendent shall develop and implement regulations on such instruction that conform to Arizona law.
Promotion of Childbirth
The District shall not endorse or provide financial or instructional program support to any program that does not present childbirth and adoption as preferred options to elective abortion.
The District shall not allow any presentation during instructional time or furnish any materials to pupils as part of any instruction that does not give preference, encouragement and support to childbirth and adoption as preferred options to elective abortion.
Adopted: November 13, 2012 date of Manual adoption
LEGAL REF.:
A.R.S.
15-115
15-341
15-716711
15-720716
A.A.C.
R7-2-303
REGULATION
FAMILY LIFE EDUCATION
Instruction in Sex Education
Grades K - 8:
● A. Elective lessons. The District may provide a specific elective lesson or lessons concerning sex education as a supplement a supplement to the health course of study.
■ Such 1. Such supplement may be taken by the student only upon the written request of the student's parent or guardianor guardian.
■ Alternative 2. Alternative elective lessons from the state-adopted optional subjects shall be provided for students who do who do not enroll in elective sex education.
■ Elective 3. Elective sex education lessons shall not exceed the equivalent of one (1) class period per day for one-eighth (1/8th) of the school year for grades K - 4.■ Elective kindergarten (K) through four (4).
4. Elective sex education lessons shall not exceed the equivalent of one (1) class period per day for one-quarter (1/4th) of the school year for grades 5 - 8.■ five (5) through eight (8).
B. Governing Board approval. All elective sex education lessons to be offered must have prior approval from
the Governingthe Governing Board.
● C. Format of instruction:
■ Lessons 1. Lessons shall be taught to boys and girls separately.
■ Lessons 2. Lessons shall be ungraded and shall require no homework; any evaluation administered for the purpose of purpose of self-analysis shall not be retained or recorded by the school or the teacher in any form.
■ Lessons 3. Lessons shall not include tests, psychological inventories, surveys, or examinations containing any questions any questions about personal beliefs or practices in sex, family life, morality, values, or religion on the part the part of students or their parents.
■ Lessons 4. Lessons for grades seven (7) and eight (8) shall include instruction on the laws relating to sexual conduct sexual conduct with a minor.
Grades 9 - 12:
● A. A course in sex education may be provided in the high schools of Arizona.
● Lessons B. Lessons shall not include tests, psychological inventories, surveys, or examinations containing any questions about questions about personal beliefs or practices in sex, family life, morality, values, or religion on the part of students or their or their parents.
Content of instruction (Grades K - 12):
● All A. All sex education materials and instruction shall be age appropriate, shall recognize the needs of exceptional studentsexceptional students, shall meet the needs of the District, shall recognize local community standards and sensitivities, shall shall not include the teaching of abnormal, deviate, or unusual sexual acts and practices, and shall include the include the following:
■ Emphasis 1. Emphasis upon the power of individuals to control their own personal behavior.
⇒ Students a. Students shall be encouraged to base their actions on reasoning, self-discipline, sense of responsibilityof responsibility, self-control, and ethical considerations such as respect for self and others.
■ Instruction 2. Instruction on how to say "no" to unwanted sexual advances and to resist negative peer pressure.
⇒ Students a. Students shall be taught that it is wrong to take advantage of, or to exploit, another person.
■ Instruction 3. Instruction on the laws relating to sexual conduct with a minor.
● All B. All sex education materials and instruction that discuss sexual intercourse shall:
■ Stress 1. Stress that students should abstain from sexual intercourse until they are mature adults.
■ Emphasize 2. Emphasize that abstinence from sexual intercourse is the only method for avoiding pregnancy that is one is one hundred percent (100%) effective.
■ Stress 3. Stress that sexually transmitted diseases have severe consequences and constitute a serious and widespread and widespread public health problem.
■ Include 4. Include a discussion of the possible emotional and psychological consequences of preadolescent and adolescent and adolescent sexual intercourse and the consequences of preadolescent and adolescent pregnancy.
■ Promote 5. Promote honor and respect for monogamous heterosexual marriage.
■ Advise 6. Advise students of Arizona law pertaining to the financial responsibilities of parenting, and legal liabilities related liabilities related to sexual intercourse with a minor.
Instruction on Acquired Immune
Deficiency Syndrome and Human
Immunodeficiency Virus
The District will develop its own course of study for each grade. At a minimum, instruction shall:
● Be A. Be appropriate to the grade level in which it is offered.
● Be B. Be medically accurate.
● Promote C. Promote abstinence.
● Discourage D. Discourage drug abuse.
● Dispel E. Dispel myths regarding transmission of the human immunodeficiency virus.
Nothing shall be included in the course of study instruction that:
● Promotes A. Promotes a homosexual life-style.
● Portrays B. Portrays homosexuality as a positive alternative life-style.
● Suggests C. Suggests that some methods of sex are safe methods of homosexual sex.
The District may request that the Department of Health Services, in conjunction with the Department of Education, review instruction materials to determine their medical accuracy.
The District may request that the Department of Education provide the following assistance:
● A. A suggested course of study.
● Teacher B. Teacher training.
● A C. A list of available films and other teaching aids.
At the request of a parent, a student shall be excused from the instruction on acquired immune deficiency syndrome and the human immunodeficiency virus. The District shall notify all parents of their ability to withdraw their children from the instruction.
(Note: CPR instruction and training is required to be provided no later than July 1, 2019.)
School districts and charter schools shall provide public school pupils with one (1) or more training sessions in cardiopulmonary resuscitation, through the use of psychomotor skills in an age-appropriate manner, during high school.
A school district or charter school may assign homework to satisfy the requirements of A.R.S. 15-718.01(A)(B)(E), if the completion of the homework is verified by a teacher or parent.
This training shall be based on the most current national evidence-based emergency cardiovascular care guidelines for cardiopulmonary resuscitation.
School district or charter school instruction that results in cardiopulmonary resuscitation certification must be provided by a certified cardiopulmonary resuscitation trainer. This instruction does not require a teacher or administrator who facilitates, provides or oversees the instruction to be an authorized trainer of cardiopulmonary resuscitation if the instruction does not result in cardiopulmonary resuscitation certification.
The instruction provided must include the hands-on practicing of cardiopulmonary resuscitation, except for students who are enrolled in an online school as defined in A.R.S. 15-808.
A pupil shall be excused from the instruction on cardiopulmonary resuscitation at the request of either:
A. The pupil's parent.
B. A pupil who provides written documentation that the pupil has previously received training in or is currently certified in cardiopulmonary resuscitation.
C. The pupil's individualized education program team, if the pupil is a child with a disability as defined in section 15-731 and if the individualized education program team makes a determination to excuse the pupil from the instruction.
A school district or charter school may accept from any person, public entity or other legal entity in-kind donations of materials, equipment or services that may be used in the instruction on cardiopulmonary resuscitation.
A school district or charter school may use any of the following persons to provide instruction and training:
A. Emergency medical technicians
B. Paramedics
C. Fire department personnel
D. Police officers
E. Representatives of the American Heart Association
F. Representatives of the American Red Cross
G. Teachers
H. Other school employees
I. Other similarly qualified persons
Adopted: October 25, 2016date of Manual adoption
LEGAL REF:
A.R.S.
15-341
15-718.01
CROSS REF.:
IKF – Graduation Requirements
A long-range plan will be the basis for providing special education services for students with exceptional needs and education requirements. These services may include specialized programs, personnel, facilities, materials, and equipment needed to promote the individual physical, social, intellectual, and emotional growth of exceptional students.
The Superintendent shall develop procedures that provide educational opportunities for individuals with disabilities and that accomplish District compliance with federal laws including the Individuals with Disabilities Education Act (IDEA), the Arizona revised statutes, and the lawful regulations of the State Board of Education. Such procedures shall include, but not be limited to, the following provisions:
● All A. All children with disabilities aged birth (0) through twenty-one (21) years within the District's jurisdiction are to be to be identified, located, and evaluated including children attending religious or private schools who are in need of need of special education and related services.
● A B. A free appropriate public education (FAPE) shall be available to all children with disabilities aged three (3) through through twenty-one (21) years within the District's jurisdiction, including children advancing from grade to gradeto grade, those who have been suspended or expelled from school in accordance with the applicable IDEA rules IDEA rules and regulations, and any child with a disability the District has placed in or referred to a private school or school or facility. The District may refer to and contract with approved public or private agencies as necessary to ensure the provision of FAPE for children with disabilities. FAPE for an eligible student with a disability shall disability shall extend through conclusion of the instructional year during which the student attains the age of twenty-two (22).
● A C. A full individual evaluation encompassing existing and additional data shall be conducted for each child to determine to determine if the child is a child with a disability and the educational needs of the child before the initial provision initial provision of special education and related services. A reevaluation of each child shall be conducted at least at least every third year.
● An D. An individualized education program (IEP) shall be developed and implemented for each eligible child served by served by the District and for each eligible child the District places in or refers to a private school or facility. An IEP or an or an individualized family service plan (IFSP) will be in place for each child with a disability prior to the provision of provision of FAPE.
● To E. To the maximum extent appropriate, opportunities for the least restrictive setting, inclusion in educational exercises educational exercises with regular program students, and for interaction with the total school environment will be provided to provided to exceptional students, the exception to be only when the student's condition, with supplementary aids and servicesand services, make such regular class education unsatisfactory.
● All F. All required procedural safeguards must be guaranteed to the exceptional students and their parents. The parents The parents will be provided with notices of procedural safeguards in each specified instance and all due process conditions process conditions will be satisfied with respect to the provision of a free appropriate public education.
● The G. The District shall follow the established state and federal standards to protect the confidentiality of personally identifiable personally identifiable information at the collection, storage, disclosure, and destruction stages.
● To H. To the extent essential to provide FAPE to children with disabilities aged three (3) through twenty-one (21), extended extended school year (ESY) services shall be made available and implemented as necessary.
● Criteria I. Criteria for the graduation of exceptional students, including accomplishment in reading, writing, and mathematicsand mathematics, shall be as specified in the District policy on graduation requirements. Such standards shall standards shall be equivalent to or greater than those established by the State Board of Education.
● Not J. Not later than March 1 of each year conduct a review of the reasonable and acceptable ratio of students per teacher per teacher for each disability category. The applicable ratios shall be specified in a regulation accompanying the District the District policy on class size.
● The K. The discipline of exceptional students, and unevaluated students suspected of having a qualifying disability, is to is to be conducted in such a manner as to comply with FAPE and requirements of the IDEA.
For the purpose of this policy as it relates to a child with a disability, home school district means the school district in which the person resides who has legal custody of the child as provided in A.R.S. 15-824. If the child is a ward of the state and a specific person does not have legal custody of the child or is a ward of this state and the child is enrolled in an accommodation school pursuant to A.R.S. 15-913, the home school district is the district the child last attended or, if the child has not previously attended a public school in this state, the school district within which the child currently resides.
The Superintendent is authorized and directed to establish procedures for the development and administration of the necessary programs, and to document District compliance with the law and this policy. Such procedures will be made available to staff members and to parents as necessary to enhance compliance.
Adopted: December 11, 2012date of Manual adoption
LEGAL REF.:
A.R.S.
15-761
15-761.01
15-763
15-763.01
15-764
15-765 to 15-769
15-771
15-773
15-881
15-1181 to 15-1185
15-1201 to 15-1205
36-555
A.A.C.
R7-2-401
R7-2-402
R7-2-403
R7-2-405
R7-2-601
R7-2-602
R7-2-603
20 U.S.C. 1400 1400 et seq., Individuals Individuals with Disabilities Education Act
29 U.S.C. 794, Rehabilitation Act of 1973, (Section 504)
CROSS REF.:
IIB - Class Size
IKE - Promotion , and Retention , and Acceleration of Students
IKF - Graduation Requirements
JKD - Student Suspension
JKE - Expulsion of Students
JR - Student Records
REGULATION
SPECIAL INSTRUCTIONAL PROGRAMS
(Identification and Placement
of Exceptional Students)
This detailed administrative regulation is issued to:
● Accomplish A. Accomplish the requirements of the Governing Board set out in policy IHB - Special Instructional Programs.
● Assure B. Assure District compliance with the requirements of applicable federal and state laws and the lawful regulations lawful regulations of the State Board of Education.
● Aid C. Aid District personnel in fulfilling their duties relating to the topic by presenting the procedural information in a format information in a format that aligns with the Arizona Department of Education/Exceptional Student Services (ADE/ESS) compliance compliance checklists.
Citations from the following sources are annotated to the material to assist in conducting research and for clarification:
● Arizona A. Arizona Revised Statutes (A.R.S.)
● Arizona B. Arizona Administrative Code (A.A.C.) Title 7, Chapter 2, State Board of Education Rules
● Regulations C. Regulations of the Family Educational Rights and Privacy Act as published in Part 99 of Title 34 of the Code of Code of Federal Regulations (C.F.R.)
● Regulations D. Regulations to the Individuals with Disabilities Education Act (IDEA) as published in Title 34 of the C.F.R., Part Part 300.
Whenever the term "District" is used in this regulation, it is to be interpreted contextually to mean the School District, the respective local school site, a representative of the District or a representative of the local school site, as is applicable to the circumstance.
Applicability
To accommodate the necessity to present procedural information in a format that aligns with the Arizona Department of Education/Exceptional Student Services (ADE/ESS) compliance checklists, this generic regulation contains procedural requirements for covered individuals of all ages. However, any statement in this regulation that addresses a provision that is not applicable to the grade levels and age ranges included in the student membership of the District is to be considered for the purposes of compliance to be not applicable.
Child Find
The District will identify, locate, and evaluate all children with disabilities within its geographic boundaries who are in need of special education and related services including, but not limited to, children who are:
● HomelessA. Homeless;
● Highly B. Highly mobile, including migrant children;
● Wards C. Wards of the state; and,
● Attending D. Attending private schools or who are homeschooled.
In its identification process the District will include children who are suspected of being a child with a disability and in need of special education, even though a student is:
● Advancing A. Advancing from grade to grade
● Highly B. Highly mobile, including a migrant student. [34 C.F.R. 300.111]
The District will inform the general public and parents within its boundaries of the responsibility for special education services for students aged three (3) through twenty-one (21) years, and how those services may be accessed including information regarding early intervention services for children aged birth through two (2) years. Services for an eligible student with a disability shall extend through conclusion of the instructional year during which the student attains the age of twenty-two (22). [A.A.C. R7-2-401.C]
The District will require all school-based staff members to review the written procedures related to child identification and referral on an annual basis, and maintain documentation of the staff review. [A.A.C. R7-2-401.D]
Identification screening for possible disabilities shall be completed within forty-five (45) calendar days after:
● Entry A. Entry of each preschool or kindergarten student and any student enrolling without appropriate records or screeningor screening, evaluation, and progress in school; or
● Parent B. Parent notification of developmental or educational concerns.
Screening procedures shall include vision and hearing status and consideration of the following areas:
● Cognitive A. Cognitive or academic;● Communication
B. Communication;●
MotorC. Motor;
● Social D. Social or behavioral; and
● Adaptive E. Adaptive development.
For a student transferring into a school, the District shall review enrollment data and educational performance in the prior school. If there is a history of special education for a student not currently eligible for special education or poor progress, the name of the student shall be submitted to the administrator for consideration of the need for a referral for a full and individual evaluation or other services. [A.A.C. R7-2-401.D]
If a concern about a student is identified through screening procedures or review of records, the parents of the student shall be notified of the concern within ten (10) school days and informed of the District's procedures to follow-up on the student's needs. [A.A.C. R7-2-401.D]
The District shall maintain documentation of the identification procedures utilized, the dates of entry into school, notification by parents of a concern and the dates of screening. The dates shall be maintained in the student's permanent records. [A.A.C. R7-2-401.D]
If the screening indicates a possible disability, the name of the student shall be submitted to the administrator for consideration of the need for a referral for a full and individual evaluation or other services. A parent or a student may request an evaluation of the student. [A.A.C. R7-2-401.D]
If, after consultation with the parent, the District determines that a full and individual evaluation is not warranted, the District shall provide prior written notice and procedural safeguards notice to the parent in a timely manner. [A.A.C. R7-2-401.D]
Confidentiality
The District will permit parents to inspect and review any education records relating to their children that are collected, maintained or used by the District under Individuals with Disabilities Education Act (IDEA). The District will comply with a request without unnecessary delay and in no case more than forty-five (45) days after the request has been made, and before:
● Any A. Any individualized education program (IEP) meeting;
● Any B. Any hearing involving a due process complaint or disciplinary hearing;
● Any C. Any resolution session. [34 C.F.R. 300.613]
The right to inspect and review education records includes:
● The A. The right to a response from the District to reasonable requests for explanations and interpretations of the recordsthe records;
● The B. The right to request that the District provide copies of the records if failure to provide those copies would effectively would effectively prevent the parent from exercising the right to inspect and review the records; and
● The C. The right to have a representative of the parent inspect and review the records. [34 C.F.R. 300.613]
The District may presume that the parent has authority to inspect and review records relating to his or her child unless the District has been advised to the contrary by legal proceeding involving guardianship, separation and divorce. [34 C.F.R. 300.613]
The District will keep a record of parties obtaining access to education records collected, maintained or used under IDEA (except access by parents and authorized employees of the District), including:
● The A. The name of the party;
● The B. The date access was given; and
● The C. The purpose for which the party is authorized to use the records. [34 C.F.R 300.614]
If any education record includes information on more than one (1) child, the parents of those children have the right to inspect and review only the information relating to their child. [34 C.F.R 300.615]
The District will provide parents on request a list of the types and locations of education records collected, maintained or used by the District. [34 C.F.R 300.616]
The District may charge a fee for copies of records that are made for parents if the fee does not effectively prevent the parents from exercising their right to inspect and review records. [34 C.F.R 300.617]
The District will not charge a fee to search for or to retrieve information. [34 C.F.R 300.615]
A parent who believes that information in the education records collected, maintained or used by the District is inaccurate or misleading or violates the privacy or other rights of the child, may request the District to amend the information. [34 C.F.R 300.618]
The District will decide whether to amend the information in accordance with the request in a reasonable period of time of receipt of the request. [34 C.F.R 300.618]
If the District refuses to amend the information in accordance with the request, it will inform the parent of the refusal and advise the parent of the right to a hearing under 34 C.F.R 300.619. [34 C.F.R 300.618]
The District will, on request, provide an opportunity for a hearing to challenge information in education records to ensure that it is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child. [34 C.F.R 300.618]
If, as a result of a hearing, the District decides to amend information determined inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child, it will do so accordingly and so inform the parent in writing. [34 C.F.R 300.618]
If, as a result of a hearing, the District decides that the information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child, the District will inform the parent of the parent's right to place in the maintained records a statement commenting on the information or setting forth any reasons for disagreeing with the District's decision. [34 C.F.R 300.618]
Parental consent will be obtained before personally identifiable information is disclosed to parties other than participating agencies, unless the information is contained in education records and the disclosure is authorized without parent consent under Family Educational Rights and Privacy Act (FERPA). [34 C.F.R 300.622]
Parental consent will be obtained before personally identifiable information is released to officials of participating agencies providing or paying for transition services in accordance with §300.321. [34 C.F.R 300.622]
If a child is enrolled, or is going to enroll in a private school that is not located in the boundaries of the district of the parent's residence, parental consent will be obtained before any personally identifiable information about the child is released between officials in the district where the private school is located and officials in the district of the parent's residence. [34 C.F.R 300.622]
The District will protect the confidentiality of personally identifiable information at collection, storage, disclosure, and destruction stages. [34 C.F.R 300.623]
One (1) official at the District will assume responsibility for ensuring the confidentiality of any personally identifiable information.
All persons collecting or using personally identifiable information will receive training or instruction regarding the State's policies and procedures under 300.123 and FERPA (34 C.F.R. part 99). [34 C.F.R 300.623]
The District will maintain, for public inspection, a current listing of the names and positions of its employees who may have access to personally identifiable information. [34 C.F.R 300.623]
The District will inform parents when personally identifiable information collected, maintained, or used for IDEA purposes is no longer needed to provide educational services to the child. [34 C.F.R 300.624]
The information will be destroyed at the request of the parents. However, a permanent record of a student's name, address, and phone number, his or her grades, attendance record, classes attended, grade level completed, and year completed may be maintained without time limitation. [34 C.F.R 300.624]
The rights of the parents regarding educational records are transferred to the student at age eighteen (18) under FERPA unless the student has been declared legally incompetent, or the student has executed a delegation of rights to make educational decisions pursuant to A.R.S. 15-773. [34 C.F.R 300.625]
If the rights of the parents regarding educational records are transferred to the student at age eighteen (18) under the IDEA, the District will provide any notice required under the procedural safeguards provisions. [34 C.F.R 300.625]
Discipline
On a case-by-case basis and in consideration of any unique circumstances, school personnel may remove a child with a disability who violates a student code of conduct from his or her current placement to an appropriate interim alternative educational setting, another setting, or suspension, for not more than ten (10) consecutive school days (to the extent those alternatives are applied to children without disabilities), and for additional removals of not more than ten (10) consecutive school days in that same school year for separate incidents of misconduct, as long as those removals do not constitute a change of placement under §300.536. [34 C.F.R. 300.530]
After a child with a disability has been removed from his or her current placement for ten (10) school days in the same school year, during any subsequent days of removal the District will provide services to the extent required to:
● Enable A. Enable the child to continue to participate in the general education curriculum, although in another settinganother setting, and to progress toward meeting his/her IEP goals; and
● ReceiveB. Receive, as appropriate, a functional behavioral assessment, behavioral intervention services and modifications services and modifications that are designed to address the behavior violation so that it does not recur. [34 C.F.R. 300.530]
The District is only required to provide services during periods of removal to a child with a disability who has been removed from his or her current placement for the (10) days or less in that school year, if it provides services to non-disabled children similarly removed. [34 C.F.R. 300.530]
After a child with a disability has been removed from his or her current placement for ten (10) school days, and the current removal is for not more than ten (10) consecutive school days and not a change of placement, school personnel, in consultation with at least one of the child's teachers, determine the extent to which services are needed, so as to enable the child to continue to participate in the general education curriculum and to progress toward meeting the individualized education program (IEP) goals. [34 C.F.R. 300.530]
If the removal is a change in placement, the child's IEP team determines the appropriate services. [34 C.F.R. 300.530]
Within ten (10) school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct, the District, parent, and relevant members of the IEP team will review all relevant information in the student's file, the IEP, teacher observations, and any relevant information to determine:
● If A. If the conduct was caused by, or had a direct and substantial relationship to, the child's disability; or
● If B. If the conduct in question was the direct result of the District's failure to implement the IEP. [34 C.F.R. 300.530]
The conduct will be determined to be a manifestation of the disability if either of the above-named conditions occurred, and, if the IEP was not implemented, the District will take immediate steps to remedy that deficiency. [34 C.F.R. 300.530]
If the District, parent, and relevant members of the IEP team determine that the conduct was a manifestation of the child's disability, the child will be returned to the placement from which the child was removed, unless the parent and District agree to a change of placement. The IEP team will either:
● Conduct A. Conduct a functional behavioral assessment, unless already done, and implement a behavioral intervention planintervention plan; or
● If B. If a behavioral intervention plan has already been developed, review the plan and modify it, as necessary, to address to address the behavior. [34 C.F.R. 300.530]
School personnel may remove a student to an interim alternative educational setting for not more than forty-five (45) school days without regard to manifestation of disability if the child:
● Carries A. Carries a weapon to or possesses a weapon at school, on school premises, to or at a school function under the under the jurisdiction of the state or the District;
● Knowingly B. Knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at schoolat school, on school premises, or at a school function under the jurisdiction of the state or the District; or
● Has C. Has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function school function under the jurisdiction of the state or the District. [34 C.F.R. 300.530]
The District will notify parents and provide notice of procedural safeguards on the day the District determines the student has violated the code of conduct, and the violation constitutes a change in placement (i.e., interim alternative education setting). [34 C.F.R. 300.530]
The child's IEP team determines the interim alternative educational setting for services. [34 C.F.R. 300.531]
The parent of a child with a disability who disagrees with any decision regarding placement under §§300.530 and 300.531 or the manifestation determination may appeal the decision by requesting an expedited due process hearing in conformance with §§300.310 through 300.314 and A.A.C. R7-2-405.I. [34 C.F.R. 300.532]
When the District believes that maintaining the current placement of the child is substantially likely to cause injury to the child or others the District may appeal the decision by requesting an expedited due process hearing in conformance with §§300.310 through 300.314 and A.A.C. R7-2-405.I. [34 C.F.R. 300.532]
The student will remain in the interim alternative educational setting pending the decision of the hearing officer or expiration of the interim setting, whichever comes first, unless the parent and District agree otherwise. [34 C.F.R. 300.532]
A non-eligible student who engaged in a behavior that violated a code of student conduct may assert protections if the District had knowledge that the child was a child with a disability before the behavior that precipitated the disciplinary action occurred. The District will be deemed to have such knowledge if:
● The A. The parent of the child expressed concern in writing to supervisory or administrative personnel of the District, or or a teacher of the child, that the child is in need of special education and related services;
● The B. The parent of the child requested an evaluation of the child pursuant to §§300.300 through 300.311; or
● The C. The teacher of the child, or other personnel of the District, expressed specific concerns about a pattern of behavior of behavior demonstrated by the child directly to the director of special education or to other supervisory personnel supervisory personnel of the District. [34 C.F.R. 300.534]
The District will not be deemed to have knowledge if the parent of the child:
● Has A. Has not allowed an IDEA evaluation of the child;
● Has B. Has refused special education services for the child; or
● The C. The child has been evaluated and determined to not be a child with a disability under IDEA. [34 C.F.R. 300.534]
When the District does not have knowledge that a child is a child with a disability prior to taking disciplinary measures against the child, the child may be disciplined as other children without disabilities who engage in comparable behaviors.
If an evaluation is requested during the time in which a child is subjected to disciplinary measures, the evaluation will be conducted in an expedited manner.
● Until A. Until the evaluation is completed, the child remains in the educational placement determined by the District, which which can include suspension or expulsion without educational services.
● If B. If the child is determined to be a child with a disability, the District will provide special education and related services related services in accordance with this part, including the requirements of §§300.530 through 300.536. [34 C.F.R. 300.534]
The District may report a crime committed by a child with a disability to appropriate authorities to enable them to exercise their responsibilities. 34 C.F.R. 300.535]
When reporting a crime committed by a child with a disability the District ensures that copies of the special education and disciplinary records of the child are transmitted for consideration by the appropriate authorities to whom the District reports the crime, but only to the extent permitted by FERPA. [34 C.F.R. 300.535]
A change of placement occurs if:
● The A. The removal is for more than ten (10) consecutive school days; or
● The B. The child has been subjected to a series of removals that constitute a pattern:
■ because 1. because the series of removals total more than ten (10) school days in a school year;
■ because 2. because the child's behavior is substantially similar to the behavior in previous incidents that resulted in a in a series of removals; and
■ because 3. because of such additional factors as the length of each removal, the total amount of time the child has been has been removed, and the proximity of the removals to one another. [34 C.F.R. 300.536]
The District will determine on a case-by-case basis whether a pattern of removals constitutes a change of placement, and such determinations are subject to review through due process and judicial proceedings. [34 C.F.R. 300.536]
Evaluation and Eligibility
The District, when proposing to conduct an initial evaluation to determine if a child qualifies as a child with a disability, and after reviewing existing data with the parents and providing prior written notice, will obtain informed consent from the parent of the child before collecting any additional data.
● Parental A. Parental consent for initial evaluation will not be construed as consent for initial provision of special education and education and related services.
● The B. The District will make reasonable efforts to obtain the informed consent from the parent for an initial evaluationinitial evaluation. [34 C.F.R. 300.300]
For initial evaluations only, if the child is a ward of the state, is not residing with the child's parent, the District is not required to obtain consent from the parent if:
● Despite A. Despite reasonable efforts to do so, the District cannot discover the whereabouts of the parents of the child;
● The B. The rights of the parents of the child have been terminated by the court;
● The C. The rights of the parent to make educational decisions have been subrogated by a judge and consent for an initial an initial evaluation has been given by an individual appointed by the judge to represent the child. [34 C.F.R. 300.536]
The District may, but is not required to seek informed consent through due process procedures if the parent of a child who is enrolled or seeking to enroll in the District refuses consent for an initial evaluation. [34 C.F.R. 300.300]
The District will obtain informed consent from the parent of the child before the initial provision of special education and related services to the child, and will make reasonable efforts to obtain that consent. [34 C.F.R. 300.300]
If a parent refuses consent for the initial provision of special education and related services, the District will not seek consent through due process hearing procedures. The District:
● Will A. Will not be considered to be in violation to provide a Free Appropriate Public Education (FAPE);
● Is B. Is not required to convene a IEP team meeting or develop an IEP for the child. [34 C.F.R. 300.300]
If, at any time subsequent to the initial provision of special education and related services, the parent of a child revokes consent in writing for the continued provision of special education and related services, the District:
● May A. May not continue to provide special education and related services to the child, but shall provide prior written notice written notice before ceasing the provision of special education and related services;
● May B. May not use the mediation procedures or the due process procedures in order to obtain agreement or a ruling that ruling that the services may be provided to the child;
● Will C. Will not be considered in violation of the requirement to make FAPE available to the child because of the failure the failure to provide the child with further special education and related services; and
● Is D. Is not required to convene an IEP Team meeting or develop an IEP for the child for further provision of special education special education and related services.
The District will obtain informed consent prior to conducting any reevaluation of a child with a disability.
● If A. If the parent refuses consent, the District may utilize due process hearing procedures to seek consent, but does but does not violate its obligation if it declines to pursue the evaluation or reevaluation.
● The B. The informed parental consent for reevaluation need not be obtained if the District can demonstrate that:
■ it 1. it made reasonable efforts to obtain such consent and has documented those attempts;
■ the 2. the child's parent has failed to respond. [34 C.F.R. 300.300]
Parental consent is not required before:
● Reviewing A. Reviewing existing data as part of an evaluation or reevaluation; or
● Administering B. Administering a test or other evaluation that is administered to all children unless consent is required of parents of parents of all children prior to administration. [34 C.F.R. 300.300]
The District will not use a parent's refusal to consent to one service or activity under this section to deny the parent or child any other service, benefit, or activity of the District, except as required by this part. [34 C.F.R. 300.300]
If a parent of a child who is home-schooled or placed in a private school by the parents at their own expense does not provide consent for the initial evaluation or the reevaluation, or the parent fails to respond to a request to provide consent, the District will not utilize due process hearing procedures to seek consent. [34 C.F.R. 300.300]
Consistent with consent requirements of §300.300, either a parent of a child or the District may initiate a request for an initial evaluation to determine if a child is a child with a disability. [34 C.F.R. 300.301]
The initial evaluation will:
● Be A. Be completed within sixty (60) days of receiving parental consent for the evaluation, unless:
■ the 1. the parents and the District agree that it is in the best interest of the child to extend the timeline to complete to complete the evaluation for an additional thirty (30) days; or;
■ the 2. the child enrolls in the District following the child's departure from a previous district after the parent has provided has provided consent and before the determination of eligibility by the child's previous district. In that event, the the District ensures prompt completion of the evaluation.
■ the 3. the parent of a child with a disability repeatedly fails or refuses to produce the child for the evaluation.
● Consist B. Consist of procedures to determine if the child is a child with a disability and to determine the educational needs educational needs of the child. [34 C.F.R. 300.301]
The District will conduct a reevaluation of a child with a disability if:
● The A. The District determines that the educational or related service needs, including improved academic achievement academic achievement and functional performance, of the child warrant a reevaluation; or
● If B. If the child's parents or teacher requests a reevaluation; except
● The C. The District will not conduct a reevaluation more than once a year unless the parent and District agree otherwiseagree otherwise. [34 C.F.R. 300.303]
The District will conduct a reevaluation at least once every three (3) years, unless the parent and the District agree that a reevaluation is unnecessary. [34 C.F.R. 300.303]
The District will provide prior written notice to the parents of a child who has, or who is suspected of having, a disability, that describes the evaluation procedures that the District proposes to conduct. [34 C.F.R. 300.304]
In conducting an evaluation or reevaluation, the District will:
● Use A. Use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information academic information about the child, including information provided by the parent in order to determine;
■ whether 1. whether the child is a child with a disability; and
■ if 2. if the child is a child with a disability, information related to enabling the child to be involved in and progress and progress in the general education curriculum (or for a preschool child, to participate in appropriate activitiesappropriate activities).
● Not B. Not use any single measure or assessment as the sole criterion for determining whether a child is a child with a with a disability and for determining an appropriate educational program for the child; and
● Use C. Use technically sound instruments that may assess the relative contribution of cognitive and behavioral factorsbehavioral factors, in addition to physical or developmental factors. [34 C.F.R. 300.304]
The District ensures that evaluation materials and strategies:
● Are A. Are selected and administered so as not to be discriminatory on a racial or cultural basis;
● Are B. Are administered in the child's native language or other mode of communication and in the form most likely to likely to yield accurate information on what the child knows and can do academically, developmentally, and functionallyand functionally, unless it is clearly not feasible to do so;
● Are C. Are used for the purposes for which the assessment(s) or measure(s) are valid and reliable;
● Are D. Are administered by trained and knowledgeable personnel;
● Are E. Are administered in accordance with the instructions provided by the assessment publisher;
● Are F. Are selected and administered so as to ensure that if administered to a child with impaired sensory, manual, or speaking or speaking skills, the assessment results accurately reflect the child's aptitude or achievement level or whatever other whatever other factors the test purports to measure rather than reflecting the child's impairments (unless those skills are the are the factors being measured).
● Assess G. Assess the child in all areas related to the suspected disability, including, if appropriate, health, vision, hearing hearing, social and emotional status, general intelligence, academic performance, adaptive behavior, communicative communicative status, and motor abilities; and
● Are H. Are sufficiently comprehensive to identify all of the child's special education and related services needs, whether whether or not those needs are commonly associated with the child's disability.
● I. Provide relevant information that directly assists in determining the educational needs of the child. [34 C.F.R. 300.304]
Evaluations of children who transfer to or from another District in the same school year are coordinated with the prior and subsequent schools, in order to expedite the completion of a full evaluation. [34 C.F.R. 300.304]
As part of an initial evaluation (if appropriate), and as part of any reevaluation, the IEP team and other qualified professionals, as appropriate, will:
● Review A. Review existing evaluation data on the child including:
■ evaluations 1. evaluations and information provided by the parents;
■ current 2. current classroom-based, local and state-wide assessments, and classroom-based observations;
■ observations 3. observations by teachers, and related services providers.
● On B. On the basis of that review, and input from the child's parents, identify what additional data, if any, are needed to needed to determine whether:
■ the 1. the child is or continues to be a child with a disability, and, if so, the educational needs of the child;
■ the 2. the present levels of academic achievement and related developmental needs of the child;
■ whether 3. whether the child needs special education and related services to enable the child to meet measurable annual measurable annual IEP goals and to participate, as appropriate, in the general education curriculum.
● The C. The IEP team may conduct the review without a meeting. [34 C.F.R. 300.305]
If additional data are needed, the District will administer the assessments required to obtain the additional data. [34 C.F.R. 300.305]
If additional data are not needed to determine whether the child continues to be a child with a disability, and to determine the child's educational needs, the District will notify the parents of:
● The A. The determination and the reasons for the determination; and
● The B. The right of the parents to request an assessment to determine whether the child continues to be a child with a with a disability and to determine the child's educational needs. [34 C.F.R. 300.305]
The District will evaluate a child before determining that the child is no longer a child with a disability except when the termination is due to graduation with a regular high school diploma or at the conclusion of the instructional year during which the child attained the age of twenty-two (22).
● When A. When the child's eligibility terminates because of graduation or at the conclusion of the instructional year during year during which the child attained the age of twenty-two (22), the District will provide a summary of the child's academic s academic achievement and functional performance that includes recommendations on how to assist the child in the child in meeting the child's postsecondary goals. [34 C.F.R. 300.305]
Upon completion of the evaluation process, the District ensures that:
● A. A group of qualified professionals and the parent of the child determine:
■ if 1. if the child is a child with a disability under the Individuals with Disabilities Education Act and the Arizona State Arizona State Statutes; and
■ if 2. if so, the educational needs of the child.
● The B. The parents are provided, at no cost, a copy of the evaluation report and eligibility determination. [34 C.F.R. 300.306]
A child will not be determined to be a child with a disability if the primary factor for the determination is:
● Lack A. Lack of appropriate instruction in reading, including the essential components of reading instruction instruction (as defined in 1208(3) of the Elementary and Secondary Education Act [ESEA]);
● Lack B. Lack of appropriate instruction in math; or
● Limited C. Limited English proficiency. [34 C.F.R. 300.306]
The eligibility determination, including education needs, will be based on all of the information sources used in the evaluation process, and if deemed eligible and in need of special education and related services, an IEP will be developed in accordance with §300.320 through 300.324. [34 C.F.R. 300.306]
Additional procedures for identifying children with specific learning disabilities:
● A. Option 1:
■ The 1. The District will use the state-adopted criteria for determining whether a child has a specific learning disability learning disability through a process based on the child's response to scientific, research-based intervention in intervention in conformity with IDEA Regulations §300.307-311. [34 C.F.R. 300.307]
● B. Option 2:
■ The 1. The District will use a criteria for determining whether a child has a specific learning disability through the through the identification of a severe discrepancy between intellectual ability and achievement in conformity with conformity with IDEA Regulations §300.307-311. [34 C.F.R. 300.307]
● C. Option 3:
■ The 1. The District will determine, on an individual child basis, the criteria for determining whether a child has a has a specific learning disability using one of the following criteria in conformity with IDEA Regulations §300Regulations §300.307-311:
⇒ The a. The state-adopted criteria based on a child's response to scientific, research-based intervention;
⇒ The b. The identification of a severe discrepancy between intellectual ability and achievement. [34 C.F.R. 300.307]
The determination of whether a child suspected of having a specific learning disability is a child with a disability will be made by the child's parents and a team of qualified professionals which will include:
● The A. The child's regular education teacher; or
● If B. If the child does not have a regular education teacher, then a regular education teacher qualified to teach children teach children of that age;
● For C. For a child of less than school age, an individual qualified by the state to teach children of his/her age;
● At D. At least one (1) person qualified to conduct individual diagnostic evaluations of children, such as a school psychologistschool psychologist, speech-language pathologist, or remedial reading teacher. [34 C.F.R. 300.308]
A child may be determined to have a specific learning disability if:
● The A. The child does not achieve adequately for the child's age or to meet state–approved grade level standards in one in one (1) or more of the following areas, when provided with learning experiences and instruction appropriate for appropriate for the child's age or meet state–approved grade level standards:
■ oral 1. oral expression
■ listening 2. listening comprehension
■ written 3. written expression
■ basic 4. basic reading skill
■ reading 5. reading fluency skills■ reading
6. reading comprehension
■ mathematics 7. mathematics calculation
■ mathematics 8. mathematics problem solving
● The B. The child does not make sufficient progress to meet age or state–approved grade level standards in one (1) or more or more of the areas in listed immediately above when using a process based on the child's response to scientificto scientific, research-based intervention; or
● The C. The child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to ageto age, state–approved grade level standards, or intellectual development, that is determined by the group to be to be relevant to the identification of a specific learning disability, through one (1) of the following methods:
■ a 1. a discrepancy between achievement and ability;
■ the 2. the child's response to scientific, research-based interventions, or
■ other 3. other alternative research-based procedures,
using appropriate assessments. [34 C.F.R. 300.309]
The findings of this section are not primarily the result of:
● A. A visual, hearing or motor disability;
● Mental B. Mental retardation;
● Emotional C. Emotional disturbance;
● Cultural D. Cultural factors;
● Environmental E. Environmental or economic disadvantage; or
● Limited F. Limited English proficiency. [34 C.F.R. 300.309]
The group ensures that the underachievement is not due to a lack of appropriate instruction in reading or math and consider:
● Data A. Data that demonstrate that prior to, or as part of, the referral process, the child was provided appropriate instruction appropriate instruction in regular education settings, delivered by qualified personnel; and
● DataB. Data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal assessment formal assessment of student progress during instruction, which was provided to the child's parents. [34 C.F.R. 300.309]
The District will promptly request parent consent to evaluate if, prior to referral, the child has not made adequate progress after an appropriate period of time when provided instruction described in the two (2) immediately preceding bullets. [34 C.F.R. 300.309]
The District ensures that the child is observed in his/her learning environment, including the regular classroom setting, to document the child's academic performance and behavior in the areas of difficulty. [34 C.F.R. 300.310]
In the case of a child less than school age or out of school, a group member will observe the child in an environment appropriate for a child that age. [34 C.F.R. 300.310]
For a child suspected of having a specific learning disability, the eligibility determination will contain a statement of:
● Whether A. Whether the child has a specific learning disability;
● The B. The basis for making the determination, including an assurance the determination was made in accordance with accordance with the Individuals with Disabilities Education Act;
● The C. The relevant behavior, if any, noted during the observation and the relationship of that behavior to the child's academic s academic functioning;
● The D. The educationally relevant medical findings, if any;
● Whether E. Whether the child does not achieve adequately for his/her age or to meet state-approved grade level standards level standards consistent with whether the child has a specific learning disability; and does not make sufficient make sufficient progress to meet age or state-approved grade level standards consistent with the basis of a of a determination in accordance with IDEA; or
● The F. The child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to ageto age, state-approved grade level standards or intellectual development consistent with the observation of relevant of relevant behavior.
● The G. The determination of the group concerning the effects of a visual, hearing, or motor disability; mental retardationmental retardation; emotional disturbance; cultural factors; environmental or economic disadvantage; or limited English limited English proficiency of the child's achievement level. [34 C.F.R. 300.311]
If the child participated in a process that assessed the child's response to scientific, research-based intervention:
● The A. The instructional strategies used and the student-centered data collected; and
● The B. The documentation that the child's parents were notified about the state's policies regarding the amount and nature and nature of student performance that would be collected and the general education services that would be providedbe provided;
● Strategies C. Strategies for increasing the rate of learning; and
● The D. The parent's right to request an evaluation. [34 C.F.R. 300.311]
Each group member will certify in writing whether the report reflects the member's conclusion. If it does not, the group member will submit a separate statement presenting the member's conclusions. [34 C.F.R. 300.311]
Free Appropriate Public Education
The determination that a child is eligible for special education and related services will be made on an individual basis by a properly constituted District team. [34 C.F.R. 300.306 and, if applicable, 300.308]
For preschool children (age three [3] to five [5]):
● The A. The District will:
■ Make 1. Make FAPE available no later than the child's third birthday;
■ Ensure 2. Ensure that an IEP or an Individualized Family Service Plan (IFSP) is in effect for each child by that datethat date;
■ Ensure 3. Ensure that a child's IEP team determines the date when services under the IEP or IFSP will begin if a if a child's third birthday occurs during the summer.
For school-aged children (age five [5] through twenty-one [21]):
● The A. The District will make FAPE available to any child who needs special education and related services, even though even though the child has not failed or been retained in a course or grade, and is advancing from grade to grade. Services Services for an eligible student with a disability shall extend through conclusion of the instructional year during which year during which the student attains the age of twenty-two (22).
The District will establish policy and procedures with regard to allowable pupil-teacher ratios and pupil-staff ratios within the District or county for provision of special education services. [A.R.S. 15-764]
The special education programs and services provided shall be conducted only in a school facility which houses regular education classes or in other facilities approved by the division of special education. [A.R.S. 15-764]
The District ensures that assistive technology devices or services or both will be available to a child with a disability, if required, as a part of:
● special A. special education;
● related B. related services;
● supplementary C. supplementary aids and service. [34 C.F.R. 300.105]
On a case-by-case basis, the District ensures the use of school-purchased assistive technology devices in a child's home or other setting if the child's IEP team determines that the child needs access to those devices in order to receive FAPE. [34 C.F.R. 300.105]
The District will make extended school year services available as necessary to provide FAPE to children with disabilities.
● Extended A. Extended school year (ESY) services will be provided only if a child's IEP team determines, in accordance with accordance with §§300.320-300.324, that the services are necessary for the provision of FAPE.
● Services B. Services will not be:
■ limited 1. limited to a particular category of disability; or,
■ unilaterally 2. unilaterally limited to the type, amount, or duration of services. [34 C.F.R. 300.106]
The ESY services that are provided to a child with a disability will:
● Be A. Be provided beyond the normal school year of the District;
● Be B. Be provided in accordance with the child's IEP;
● Be C. Be provided at no cost to the parents of the child; and
● Meet D. Meet the standards of the state. [34 C.F.R. 300.106]
The District will afford children with disabilities an equal opportunity for participation in nonacademic and extracurricular services and activities including, as determined appropriate and necessary by the child's IEP team, the provision of supplementary aids and services. [34 C.F.R. 300.107]
Nonacademic and extracurricular services and activities may include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the District, referrals to agencies that provide assistance to individuals with disabilities, and employment of students, including both employment by the District and assistance in making outside employment available. [34 C.F.R. 300.107]
The District will make regular physical education services available to children with disabilities to the same extent that the District provides those services to children without disabilities, unless:
● The A. The child is enrolled full time in a separate facility; or
● The B. The child needs specially designed physical education as prescribed in the child's IEP. [34 C.F.R. 300.108]
If a child is enrolled in a separate facility, the District ensures that the child receives appropriate physical education services. [34 C.F.R. 300.108]
If special physical education is prescribed in a child's IEP, the District will provide for those services, either directly or through other public or private programs. [34 C.F.R. 300.108]
The District ensures that children with disabilities have available to them the variety of education programs and services that are available to nondisabled children, including art, music, industrial arts, consumer and homemaking education, and vocational education. [34 C.F.R. 300.110]
When serving children wearing hearing aids or surgically implanted medical devices, the District ensures that:
● The A. The hearing aids worn in school by children with hearing impairments are functioning properly; and
● The B. The external components of surgically implanted medical devices (e.g., cochlear implants) are functioning properlyfunctioning properly, except that the District will not be responsible for any post-surgical maintenance, programming or programming or replacement of any component, external or internal, of the medical device. [34 C.F.R. 300.113]
The District may use the Medicaid or other public benefits or insurance programs in which a child participates to provide or pay for services required under IDEA, as permitted under the public benefits or insurance program, except that the District:
● Will A. Will not require parents to sign up for or enroll in public benefits or insurance programs to receive FAPE;
● Will B. Will not require parents to incur out-of-pocket expenses such as payment of a deductible or co-pay for services for services required by IDEA, but may pay the cost that parents otherwise would be required to pay;
● Will C. Will not use a child's public benefit if that use would:
■ decrease 1. decrease lifetime benefits;
■ result 2. result in the family paying for non-school services that would otherwise be paid for by public benefits;
■ increase 3. increase premiums or lead to discontinuation of benefits; or
■ risk 4. risk loss of eligibility. [34 C.F.R. 300.154]
The District will notify parents that their refusal to allow access to their public benefits does not relieve the District of its responsibility to provide all required IDEA services. [34 C.F.R. 300.154]
The District will obtain parent consent prior to accessing a child's or parent's public benefits or insurance for the first time.
The District will provide a written notification to the child's parents before accessing the child's or parent's public benefits or insurance for the first time and prior to obtaining the one-time parental consent and annually thereafter.
Graduation
The District ensures that the Governing Board shall prescribe graduation criteria for students with disabilities from its high schools, which shall include accomplishment of the academic standards in at least reading, writing, mathematics, science and social studies, as determined by District assessment. [A.R.S. 15-701(B) and A.A.C. R7-2-301(D)(1)]
The District ensures that the Governing Board shall develop a course of study and graduation and promotion requirements for all students placed in special education programs in accordance with with R7-2-401 et seq. [A.R.S. 15-701(B) and A.A.C. R7-2-301(D)(1)]
The District will not be obligated to provide FAPE to students with disabilities who have graduated from high school with a regular high school diploma. [34 C.F.R. 300.102]
The exception does not apply to children who have graduated from high school but have not been awarded a regular high school diploma. [34 C.F.R. 300.102]
Graduation from high school with a regular high school diploma constitutes a change of placement requiring prior written notice in accordance with §300.503. [34 C.F.R. 300.102]
An evaluation is not required before the termination of a child's eligibility due to graduation from secondary school with a regular diploma or due to conclusion of the instructional year during which the student attains the age of twenty-two (22). [34 C.F.R. 300.305]
For a child no longer eligible due to graduation or exceeding the age of eligibility, the District will provide the child with a summary of the child's academic achievement and functional performance, which shall include recommendations on how to assist the child in meeting the child's post secondary goals. [34 C.F.R. 300.305]
Pupils with disabilities as defined in A.R.S. 15-761 or or children who receive special education as defined in in 15-763, shall not be required to achieve passing scores on competency tests (AIMS) in order to graduate from high school unless the pupil is learning at a level appropriate for the pupil's grade level in a specific academic area and unless a passing score on a competency test is specifically required in a specific academic area by the pupil's IEP as mutually agreed on by the pupil's parents (or eighteen [18] year old student) and IEP team. [A.R.S. 15-701.01(3)]
Individualized Education Program
The contents of each individualized education program (IEP) will include a statement of:
● The A. The child's present levels of academic achievement and functional performance, including:
■ how 1. how the child's disability affects the child's involvement and progress in the general curriculum; or
■ for 2. for preschool children, as appropriate, how the disability affects the child's participation in appropriate activitiesappropriate activities;
● Measurable B. Measurable annual goals, including academic and functional goals designed to:
■ meet 1. meet the child's needs that result from the child's disability to enable the child to be involved in and make progress make progress in the general education curriculum; and
■ meet 2. meet each of the child's other educational needs that result from the child's disability;
■ for 3. for children with disabilities who take alternate assessments (AIMS A) aligned to alternate achievement standardsachievement standards, a description of benchmarks or short-term objectives;
● How C. How the child's progress toward meeting the IEP goals will be measured and when periodic reports on the childthe child's progress toward the goals will be provided;
● The D. The special education and related services to be provided to the child, the supplementary aids and services to be to be provided to the child or on behalf of the child, the program modifications or supports for school personnel that personnel that will be provided to enable the child:
■ to 1. to advance appropriately toward attaining the annual goals;
■ to 2. to be involved in and progress in the general education curriculum and to participate in extracurricular and extracurricular and other nonacademic activities with other children with disabilities and nondisabled children.
● The E. The extent, if any, to which the child will not participate with nondisabled children in the regular class and in extracurricular in extracurricular and other nonacademic activities;
● Any F. Any individual accommodations that are needed to measure the academic achievement and functional performance functional performance of the child on state and District-wide assessments;
● If G. If the IEP team determines that the child must take an alternate assessment instead of a particular regular state regular state or District-wide assessment of student achievement, a statement of why:
■ the 1. the child cannot participate in the regular assessment; and
■ the 2. the particular alternate assessment selected is appropriate for the child;
● The H. The projected date for the beginning of the services and modifications and the anticipated frequency, location, and and duration of those services and modifications. [34 C.F.R. 300.320]
Beginning not later than the first IEP to be in effect when the child turns sixteen (16), or younger if determined appropriate by the IEP team, and updated annually, the IEP will also include a statement of:
● appropriate A. appropriate measurable postsecondary goals based upon age appropriate transition assessments related to related to training, education, employment, and, where appropriate independent living skills;
● transition B. transition services (including courses of study) needed to assist the child in reaching those goals. [34 C.F.R. 300.320]
Beginning not later than one (1) year before a student reaches the age of eighteen (18), the IEP will include a statement that the parents and the student have been informed of the rights under Part B, if any, that will transfer to the student on reaching the age of eighteen (18). [34 C.F.R. 300.320]
The IEP team for each child with a disability will include:
● The A. The parents of the child;
● Not B. Not less than one (1) regular education teacher of the child (if the child is, or may be, participating in the regular the regular education environment);
● Not C. Not less than one (1) special education teacher of the child, or where appropriate, not less than one special education special education provider of the child;
● A D. A representative of the District who:
■ is 1. is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs unique needs of children with disabilities;
■ is 2. is knowledgeable about the general education curriculum; and
■ is 3. is knowledgeable about the availability of resources of the District;
■ may 4. may be a District team member described in the IEP team described above, with the exception of the parentsthe parents, if the above criteria are met.
● An E. An individual who can interpret the instructional implications of evaluation results, who may be a member of the of the team described in the IEP team described above, with the exception of the parents.
● At F. At the discretion of the parent or the District, other individuals who have knowledge or special expertise regarding expertise regarding the child, including related services personnel as appropriate; and
● Whenever G. Whenever appropriate, the child with a disability.
● A H. A child of any age if the purpose of the meeting is to consider postsecondary goals and transition services needed services needed to assist the child in reaching the IEP goals;
● If I. If the student does not attend the IEP meeting, the District will take other steps to ensure that the student's preferences s preferences and interests are considered.
● J. To the extent appropriate and with consent of the parents or the adult child;
■ the 1. the District will invite a representative of any participating agency that is likely to be responsible for providing for providing or paying for transition services.
■ for 2. for a child who is transitioning from the Arizona Early Intervention Program (AzEIP), representatives from AzEIP from AzEIP will be invited to the initial IEP if the parent requests. [34 C.F.R. 300.321]
A member of the District IEP team described above, and including a person who can interpret the results, is not required to attend the IEP meeting if the parent and the school agree in writing prior to the meeting that attendance is not necessary because the member's area of curriculum or related services is not being modified or discussed in the meeting. [34 C.F.R. 300.321]
A member of the District IEP team described above, and including a person who can interpret the results, may be excused from attending the IEP meeting in whole or part when the meeting involves a modification to or discussion of the member's area of the curriculum or related services if the parent, in writing and the District consent to the excusal, and the member submits, in writing to the IEP team, input into the development of the IEP prior to the meeting. [34 C.F.R. 300.321]
In the case of a child previously served by AzEIP, an invitation to the initial IEP team meeting will, at the request of the parent, be sent to the AzEIP service coordinator to assist with the smooth transition of services. [34 C.F.R. 300.321]
The District will take steps to ensure parent(s) of a child with a disability are present at each IEP meeting or are afforded the opportunity to participate by:
● Notifying A. Notifying parents of the meeting early enough to ensure that they will have an opportunity to attend; and
● Scheduling B. Scheduling the meeting at a mutually agreed on time and place. [34 C.F.R. 300.322]
The meeting notice will:
● Indicate A. Indicate the purpose, time, and location of the meeting and who will be in attendance; and
● Inform B. Inform the parents of the provisions relating to the participation of other individuals who have knowledge or special or special expertise about the child and of representatives of the AzEIP if the meeting is for an initial IEP of a child a child transitioning from AzEIP. [34 C.F.R. 300.322]
Beginning not later than the first IEP to be in effect when the child turns sixteen (16), the notice will also:
● Indicate A. Indicate that a purpose of the meeting will be the consideration of postsecondary goals and transition services;
● Indicate B. Indicate that the District will invite the student;
● Identify C. Identify any other agency that will be invited to send a representative. [34 C.F.R. 300.322]
If neither parent can attend, the District will use other methods to ensure parent participation, including individual or conference telephone calls. [34 C.F.R. 300.322]
A meeting may be conducted without a parent in attendance if the District is unable to convince the parents that they should attend. In this case, the District will maintain a record of its attempts to arrange a mutually agreed on time and place, such as:
● Detailed A. Detailed records of telephone calls made or attempted and the results of those calls;
● Copies B. Copies of correspondence sent to the parents and any responses received; and
● Detailed C. Detailed records of visits made to the parent's home or place of employment and the results of those visits. [34 C.F.R. 300.322]
The District will take whatever action is necessary to help the parent understand the proceedings at the IEP meeting, including arranging for an interpreter for parents with deafness or whose native language is other than English. [34 C.F.R. 300.322]
The District will give the parent a copy of the child's IEP at no cost to the parent. [34 C.F.R. 300.322]
At the beginning of each school year, the District will have in effect for each child with a disability in its jurisdiction, an IEP as defined in 300.320. [34 C.F.R. 300.323]
The District ensures that:
● A. A meeting to develop an IEP for an eligible child is conducted within thirty (30) days of a determination of eligibility of eligibility for special education and related services.
● As B. As soon as possible following the development of the IEP, the services indicated in the IEP are made available made available to the child. An IEP will be in effect at the beginning of each school year. [34 C.F.R. 300.323]
For a child aged two (2) years nine (9) months to five (5) years previously served by AzEIP, the IEP team will consider the contents of the child's Individualized Family Service Plan (IFSP). An IFSP may serve as the IEP of the child if:
● The A. The District has provided the parents with a detailed explanation of the differences between an IEP and an IFSPan IFSP;
● The B. The parent and the District agree in writing to the use of an IFSP;
● The C. The IFSP contains an educational component that promotes school readiness and includes pre-literacy, language language and numeric skills; and
● The D. The IFSP is developed in accordance with IEP procedures. [34 C.F.R. 300.323]
The District ensures that each child's IEP is accessible to each regular education teacher, special education teacher, related service provider and any other service provider who is responsible for implementing the IEP.
● Each A. Each teacher and related service provider will be informed of his or her specific responsibilities in implementing in implementing the IEP; and
● The B. The specific accommodations, modifications, and supports that will be provided for the child in accordance with accordance with the IEP. [34 C.F.R. 300.323]
For a child with an IEP who transfers into the District from another school system in Arizona, the District, in consultation with the parents, will provide a free appropriate public education (including services comparable to the services described in the existing IEP) until the District:
● Reviews A. Reviews and adopts the child's IEP from the previous Districtdistrict, or
● DevelopsB. Develops, adopts, and implements a new IEP. [34 C.F.R. 300.323]
For a child with an IEP who transfers into the District from another state, the District, in consultation with the parents, will provide a free appropriate public education (including services comparable to the services described in the existing IEP) until the District:
● Conducts A. Conducts an evaluation for eligibility for special education in Arizona, or determines that such an evaluation is unnecessaryis unnecessary; and
● DevelopsB. Develops, adopts, and implements a new IEP, if appropriate. [34 C.F.R. 300.323]
To facilitate the transition of a child enrolling from another school system, either from within or from outside of Arizona, the District will take reasonable steps to promptly obtain the child's education records, including all records pertaining to special education, from the previous school system in which the child was enrolled. [34 C.F.R. 300.323]
When a records request is received from another Districtdistrict, from either within or outside of Arizona, the District will promptly respond to the request. [34 C.F.R. 300.323]
In developing each child's IEP, the IEP team will consider:
● The A. The strengths of the child and the concerns of the parents for enhancing the education of their child;
● The B. The results of the initial or most recent evaluation of the child; and
● The C. The academic, developmental, and functional needs of the child. [34 C.F.R. 300.324]
In consideration of special factors, the IEP team will:
● In A. In the case of a child whose behavior impedes his or her learning or that of others, consider the use of positive behavioral positive behavioral interventions and supports, and other strategies to address that behavior;
● In B. In the case of a child with limited English proficiency, consider the language needs of the child as those needs relate needs relate to the child's IEP;
● In C. In the case of a child who is blind or visually impaired, provide for instruction in Braille and the use of Braille unless Braille unless the IEP team determines, after an evaluation of the child's reading and writing skills, needs, and appropriate and appropriate reading and writing media (including an evaluation of the child's future needs for instruction in Braille in Braille or the use of Braille) that instruction in Braille or the use of Braille is not appropriate for the child;
● Consider D. Consider the communication needs of the child, and in the case of a child who is deaf or hard of hearing, consider consider the child's language and communication needs, opportunities for direct communication with peers and peers and professional personnel in the child's language and communication mode, academic level and full range of range of needs, including opportunities for direct instruction in the child's language and communication mode;
● Consider E. Consider whether the child requires assistive technology devices and services. [34 C.F.R. 300.324]
The regular education teacher of a child with a disability, as a member of the IEP team, will, to the extent appropriate, participate in the development, review, and revision of the child's IEP, including the determination of:
● Appropriate A. Appropriate positive behavioral interventions and strategies for the child; and
● Supplementary B. Supplementary aids and services, program modifications, and/or supports for school personnel that will be provided be provided for the child, consistent with §300.320(a)(4). [34 C.F.R. 300.324]
In making changes to the IEP after the annual IEP meeting, the parent and the District may agree to amend the IEP without a meeting for the purpose of making those changes and, instead, develop a written document to amend or modify the child's current IEP. The District will:
● Inform A. Inform all members of the child's IEP team of those changes, and
● Upon B. Upon request, provide the parents with the revised copy of the IEP. [34 C.F.R. 300.324]
To the extent possible, the District will encourage the consolidation of evaluation, reevaluation and IEP meetings for a child. [34 C.F.R. 300.324]
The District ensures that the IEP team reviews the child's IEP periodically, but not less than annually, to determine if goals are being achieved, and revise the IEP, when appropriate, to address:
● any A. any lack of expected progress toward the annual goals and in the general education curriculum, if appropriate;
● the B. the results of any reevaluation;
● information C. information about the child provided to, or by the parents;
● the D. the child's anticipated needs, or other matters. [34 C.F.R. 300.324]
If a participating agency other than the District fails to provide the transition services in an IEP, the District will reconvene the IEP team to identify alternative strategies to meet the child's transition outcomes. [34 C.F.R. 300.324]
Before the District places a child with a disability in a private school or facility, the District will initiate and conduct a meeting to develop an IEP for the child and ensure that a representative of the private school or facility attends the meeting in person or by conference call. [34 C.F.R. 300.325]
Subsequent IEP reviews may be initiated and conducted by the private school at the discretion of the District. However, the District ensures that:
● The A. The parents and District representative are involved in any decisions about the child's IEP; and
● Agree B. Agree to any proposed changes in the IEP before those changes are implemented. [34 C.F.R. 300.325]
The District remains responsible to ensure FAPE to a child placed by the District in a private school or facility. [34 C.F.R. 300.325]
The District ensures that the parents of a child with a disability are members of any group that makes decisions on the educational placement of their child. [34 C.F.R. 300.327]
Least Restrictive Environment
The District ensures that special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. [34 C.F.R 300.114]
The District will make available a continuum of alternative placements to meet the needs of children with disabilities for special education and related services. [34 C.F.R 300.115]
The continuum of alternative placements will include:
● Instruction A. Instruction in regular classes, special classes, special schools, home instruction, and instruction in hospital and hospital and institutions;
● Supplementary B. Supplementary services, such as a resource room or itinerant instruction, to be provided in conjunction with regular with regular class placement.
The placement decision for each child will be:
● Made A. Made by a group that includes the parents and other persons knowledgeable about the child, the meaning of the of the evaluation data, and the placement options;
● In B. In conformity with the least restrictive environment (LRE) provisions of the IDEA regulations;
● Determined C. Determined at least annually;
● Based D. Based on the child's IEP; and,
● As E. As close as possible to the child's home. [34 C.F.R 300.115]
Unless the IEP of a child requires some other arrangement, the child will be educated in the school that he or she would attend if not disabled. [34 C.F.R 300.115]
In selecting the LRE, consideration will be given to any potential harmful effect on the child or on the quality of services that she/he needs. [34 C.F.R 300.115]
A child with a disability will not be removed from age-appropriate regular classrooms solely because of needed modifications in the general education curriculum. [34 C.F.R 300.115]
In providing or arranging for the provision of nonacademic and extracurricular services and activities, including meals, recess periods, and other nonacademic activities, the District ensures that each child with a disability participates with nondisabled children in the extracurricular services and activities to the maximum extent appropriate to the needs of that child. [34 C.F.R 300.117]
The District ensures that the supplementary aides and services determined by the IEP team to be appropriate and necessary are provided to allow the child to participate in nonacademic settings. [34 C.F.R 300.115]
The District will establish, maintain, and implement procedural safeguards that meet the requirements of §300.500 through 300.536 of the IDEA Regulations.
Procedural Safeguards
The District ensures that the parents of a child with a disability shall be given an opportunity to inspect and review all education records with respect to the identification, evaluation, educational placement, and the provision of FAPE to the child. [34 C.F.R. 300.501]
The District ensures that the parents of a child with a disability shall:
● be A. be given an opportunity to participate in meetings with respect to the identification, evaluation, educational placement educational placement and the provision of FAPE to the child.
● be B. be provided notice consistent with §300.322 to ensure they have opportunity to participate in meetings.
● be C. be members of any group that makes decisions on the educational placement of their child. [34 C.F.R. 300.501]
If neither parent can participate in a meeting in which a decision is to be made relating to the educational placement of their child, the District must use other methods to ensure their participation, including individual or conference telephone calls, or video conferencing. [34 C.F.R. 300.501]
A placement decision may be made by a group without the involvement of the parent, if the District is unable to obtain the parent's participation and has maintained a record of its attempts to ensure their involvement. [34 C.F.R. 300.501]
The parents of a child with a disability have the right to obtain an independent educational evaluation of their child. The District must provide to parents, upon request for an independent educational evaluation:
● Information A. Information about where an independent educational evaluation may be obtained; and
● The B. The District criteria applicable for independent educational evaluations. District criteria for the independent educational independent educational evaluation must be the same as the criteria the District uses when it conducts an evaluation, to the to the extent consistent with the parent's right to an evaluation. [34 C.F.R. 300.502]
A parent has the right to an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the District. If a parent requests an independent educational evaluation at public expense, the District must, without unnecessary delay, either:
● File A. File for a due process hearing to show that its evaluation is appropriate; or
● Ensure B. Ensure that an independent educational evaluation is provided at public expense, unless the District demonstrates District demonstrates in a hearing that the evaluation obtained by the parent did not meet District criteria. [34 C.F.R. 300.502]
If a due process hearing decision is that the District's evaluation is appropriate, the parent still has the right to an independent educational evaluation, but not at public expense. [34 C.F.R. 300.502]
If a parent requests an independent educational evaluation, the District may ask for the parent's reasons for the objections, but may not require the parent to provide an explanation and may not unreasonably delay either providing the independent educational evaluation at public expense or filing a request for due process to defend its evaluation. [34 C.F.R. 300.502]
A parent is entitled to only one (1) independent educational evaluation at public expense each time the District conducts an evaluation with which the parent disagrees. [34 C.F.R. 300.502]
The results of any independent educational evaluation which is obtained by or provided to the District:
● must A. must be considered by the District, if it meets District criteria, in any decision with respect to the provision of FAPE of FAPE to the child; and
● may B. may be presented by any party as evidence in a due process hearing. [34 C.F.R. 300.502]
If a hearing officer requests an independent educational evaluation as part of a due process hearing, the cost of the evaluation must be at public expense.
Written notice must be given to the parents of a child with a disability a reasonable time before the District:
● Proposes A. Proposes to initiate or change the identification, evaluation or educational placement of the child or the provision the provision of FAPE to the child; or
● Refuses B. Refuses to initiate or change the identification, evaluation or educational placement of the child or the provision the provision of FAPE to the child. [34 C.F.R. 300.503]
The notice must include:
● A. A description of the action proposed or refused by the District;
● An B. An explanation of why the District proposes or refuses to take the action;
● A C. A description of each evaluation procedure, assessment, record or report the District used as a basis for the proposed the proposed or refused action;
● A D. A statement that the parents of a child with a disability have protection under the procedural safeguards of this part this part and, if this notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural the procedural safeguards can be obtained;
● Sources E. Sources for parents to contact to obtain assistance in understanding the provisions of this part;
● A F. A description of other options that the IEP team considered and the reasons why those options were rejected;
● A G. A description of other factors that are relevant to the District's proposal or refusal. [34 C.F.R. 300.503]
The notice must be written in language understandable to the general public, provided in the native language or other mode of communication used by the parent. [34 C.F.R. 300.503]
If the native language or other mode of communication used by the parent is not a written language, the District ensures:
● the A. the notice is translated orally or by other means to the parent in his or her native language or other mode of communicationof communication;
● That B. That the parent understands the content of the notice;
● That C. That there is written evidence of these requirements. [34 C.F.R. 300.503]
A copy of the procedural safeguards available to the parent of a child with a disability must be given to the parents only one (1) time a school year, except that a copy also must be given to the parents:
● Upon A. Upon initial referral or parent request for evaluation;
● Upon B. Upon receipt of a first complaint to the state or first request for a due process hearing in a school year;
● When C. When a disciplinary change of placement /removal has been initiated;
● Upon D. Upon request by a parent. [34 C.F.R. 300.504]
The procedural safeguards notice must include a full explanation of all the procedural safeguards available under §300.148, §§300.151 through 300.153, §300.300, §§300.502 through 300.503, §§300.505 through 300.515, §300.520, §§300.530 through 536, and §§300.610 through 300.625 relating to:
● Independent A. Independent educational evaluations;
● Prior B. Prior written notice;
● Parental C. Parental consent;
● Access D. Access to education records;
● Opportunity E. Opportunity to present and resolve complaints through the due process hearing and state complaint procedurescomplaint procedures, including;
■ The 1. The time period in which to file a complaint;
■ The 2. The opportunity for the District to resolve the complaint;
■ The 3. The difference between due process hearing and state complaint procedures, jurisdictions, issues that may that may be raised, timelines, and relevant procedures.
● The F. The availability of mediation;
● The G. The child's placement during the due process hearing;
● Procedures H. Procedures for students subject to placement in an interim alternative educational setting;
● I. Requirements for unilateral placements by parents of children in private schools at public expense;
● J. Due process hearings including requirements for disclosure of evaluation results and recommendations;
● Civil K. Civil actions, including timelines;
● Attorney L. Attorney fees. [34 C.F.R. 300.504]
This notice must meet the same requirements for understandable language as for the written prior notice described in §300.503. [34 C.F.R. 300.504]
The parent of a child with a disability may elect to receive required notices by an electronic mail communication if the District makes that option available. [34 C.F.R. 300.505]
The District will establish procedures to allow parties to disputes, including those matters arising prior to a request for a due process hearing, to resolve disputes through mediation. Procedures will ensure that the mediation process:
● Is A. Is voluntary on the part of the parties;
● Is B. Is not used to deny or delay a parent's right to a due process hearing or any other right under the IDEA;
● Is C. Is conducted by a qualified and impartial mediator who is trained in effective mediation techniques. [34 C.F.R. 300.506]
The District may establish procedures to offer to parents and schools that choose not to use mediation an opportunity to meet, at a time and location convenient to the parties, with a disinterested party:
● Who A. Who is under contract with an appropriate alternative dispute resolution entity, or a parent training and information and information center, or community parent resource center;
● Who B. Who would explain the benefits of, and encourage the mediation process to the parents. [34 C.F.R. 300.506]
A parent or District may file a request for a due process hearing relating to the identification, evaluation or educational placement of a child with a disability. [34 C.F.R. 300.507]
The request for a due process hearing must allege a violation that occurred not more than two (2) years before the date the parent or District knew or should have known about the alleged violation. [34 C.F.R. 300.507]
The District must inform the parent of any free or low cost legal and other relevant services available in the area upon parent request. [34 C.F.R. 300.507]
The District will have procedures that require either party, or the attorney representing a party, to provide to the other party a confidential due process complaint. [34 C.F.R. 300.508]
The party filing the notice for a hearing must forward a copy of the request to the state. [34 C.F.R. 300.508]
The due process hearing complaint must include the following in order for the complaint to be heard:
● The A. The name of the child;
● The B. The residential address of the child;
● The C. The school of attendance;
● A D. A description of the nature of the problem of the child relating to the proposed or refused initiation or change, including including facts relating to the problem; and
● A E. A proposed resolution of the problem to the extent known and available to the party at the time. [34 C.F.R. 300.508]
The due process complaint will be deemed sufficient unless the party receiving the complaint notifies the hearing officer and the other party in writing, within fifteen (15) days of receipt of the complaint, that it believes the complaint does not meet the content requirements. [34 C.F.R. 300.508]
Within five (5) days of receipt of notice, the hearing officer must determine whether the complaint meets the requirements and notify the parties, in writing, of that determination. [34 C.F.R. 300.508]
A party may amend its due process complaint only if:
● The A. The other party consents in writing and is given an opportunity to resolve the complaint through the resolution processresolution process; or
● The B. The hearing officer grants permission, but in no case later than five (5) days before the due process hearing beginshearing begins. [34 C.F.R. 300.508]
If a party files an amended complaint, the relevant timelines begin again. [34 C.F.R. 300.508]
If the District has not sent a prior written notice to the parent regarding the subject matter contained in the due process complaint, it must do so within ten (10) days of receiving the complaint. [34 C.F.R. 300.508]
Within ten (10) days of receiving the complaint, the receiving party will send to the other party a response that specifically addresses the issues raised in the due process complaint. [34 C.F.R. 300.508]
Within fifteen (15) days of receiving the notice of the parent's due process complaint, and prior to the initiation of a due process hearing, the District must convene a meeting with the parent and the relevant members of the IEP team who have specific knowledge of the facts identified in the complaint that:
● Includes A. Includes a representative of the District who has District decision-making authority;
● May B. May not include an attorney of the District unless the parent is accompanied by an attorney. [34 C.F.R. 300.510]
The purpose of the meeting is for the parent of the child to discuss the due process complaint, and the factual basis of the complaint, so the District has the opportunity to resolve the dispute. [34 C.F.R. 300.510]
The resolution meeting need not be held if:
● The A. The parent and District agree in writing to waive the meeting; or
● The B. The parent and District agree to use the mediation process. [34 C.F.R. 300.510]
The parent and the District determine the relevant IEP team members to attend the meeting. [34 C.F.R. 300.510]
If the District has not resolved the complaint to the satisfaction of the parent within thirty (30) days of the receipt of the complaint, the due process hearing may occur. The timeline for issuing a final decision begins at the end of this thirty (30) day period. [34 C.F.R. 300.510]
The failure of the parent to participate in the resolution meeting that has not been mutually agreed to be waived, will delay the timelines for the resolution process and due process hearing until the meeting is held. [34 C.F.R. 300.510]
If the District is unable to obtain the participation of the parent after reasonable efforts have been made and documented, the District may, at the conclusion of the thirty (30) day period, request the hearing officer dismiss the parent's due process complaint. [34 C.F.R. 300.510]
If the District fails to hold the resolution meeting within fifteen (15) days of receiving the complaint or fails to participate in the meeting, the parent may request that the hearing officer begin the hearing timeline. [34 C.F.R. 300.510]
The forty-five (45) day timeline for the due process hearing starts the day after:
● Both A. Both parties agree in writing to waive the resolution meeting; or● After or
B. After either the mediation or resolution meeting starts but before the end of the thirty (30) day resolution periodresolution period, the parties agree in writing that no agreement is possible; or● If or
C. If both parties agree in writing to continue the mediation at the end of the thirty (30) day resolution period, but laterbut later, one (1) party withdraws from the mediation process. [34 C.F.R. 300.510]
If a resolution is reached at the meeting, the parties must execute a legally binding agreement that is:
● Signed A. Signed by both the parent and District representative who has authority to legally bind the District; and
● Enforceable B. Enforceable in any state court of competent jurisdiction or in a district court of the United States. [34 C.F.R. 300.510]
Either party may void the agreement within three (3) business days of the agreement's execution. [34 C.F.R. 300.510]
The child involved in the due process hearing complaint must remain in his or her current educational placement:
● Unless A. Unless a discipline appeal has been filed as provided in §300.533;
● During B. During the pendency of any administrative or judicial proceeding regarding a due process complaint notice requesting notice requesting a due process hearing under §300.507; or
● Unless C. Unless the District and parents of the child agree otherwise. [34 C.F.R. 300.518]
If the complaint involves an application for initial admission to public school, the child, with the consent if of the parents, must be placed in the public school until the completion of all the proceedings. [34 C.F.R. 300.518]
If the complaint involves an application for initial services for a child who has turned three (3) and transitioning from Part C to Part B, the District is not required to provide the Part C services the child had been receiving. If the child is found eligible for special education and related services under Part B, and the parent consents to the initial provision of services under §300.300(b), then the District must provide those services that are not in dispute. [34 C.F.R. 300.518]
If the hearing officer agrees with the child's parents that a change of placement is appropriate, that placement must be treated as an agreement between the state and parent for the purposes of (1)(c) of this section. [34 C.F.R. 300.518]
The District ensures that the rights of a child are protected by assigning an individual to act as a surrogate for the parents when:
● No A. No parent can be identified;
● After B. After reasonable efforts are made, no parent can be located;
● The C. The child is a ward of the state (with no foster parent);
● The D. The child is an unaccompanied homeless youth as defined by the McKinney-Vento Homeless Assistance Act. [34 C.F.R. 300.519]
The District will have a method for determining when a surrogate parent is needed and for making surrogate parent assignments. [34 C.F.R. 300.519]
The District ensures that a person selected as a surrogate parent:
● Is A. Is not an employee of the state, the District, or any other agency that is involved in the education or care of the of the child;
● Has B. Has no personal or professional interest that conflicts with the interest of the child the surrogate parent representsparent represents; and
● Has C. Has knowledge and skills that ensure adequate representation of the child. [34 C.F.R. 300.519]
In the case of an unaccompanied homeless youth, appropriate staff of emergency shelters, transitional shelters, independent living programs, and street outreach programs may be appointed as temporary surrogate parents until a surrogate parent can be appointed that meets all the requirements of this section. [34 C.F.R. 300.519]
When a child with a disability reaches age eighteen (18), unless that child has been determined to be incompetent:
● The A. The District will provide any notice required by the IDEA regulations to both the child and the parents; and
● All B. All rights accorded to parents under Part B of the Act transfer to the child. [34 C.F.R. 300.520]
When the rights are transferred, the District will provide notice to the child and parent of the transfer of rights. [34 C.F.R. 300.520]
EXHIBIT
SPECIAL INSTRUCTIONAL PROGRAMS
PROCEDURAL SAFEGUARDS NOTICE
A sample of the procedural safeguards notice is available from the Arizona Department of Education. It is titled "SPECIAL EDUCATION RIGHTS OF PARENTS AND CHILDREN UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA AMENDED 2004)." If the District chooses to modify these sample procedures it is suggested that a comparison to the citations in the information below be reviewed.
The Federal Regulations at 34 C.F.R. 300.504 on Procedural safeguards notice read as follows:
"Sec. 300.504 Procedural safeguards notice.
(a) General. A copy of the procedural safeguards available to the parents of a child with a disability must be given to the parents, at a minimum--
(1) Upon initial referral for evaluation;
(2) Upon each notification of an IEP meeting;
(3) Upon reevaluation of the child; and
(4) Upon receipt of a request for due process under Sec. 300.507.
(b) Contents. The procedural safeguards notice must include a full explanation of all of the procedural safeguards available under Secs. 300.403, 300.500-300.529, and 300.560-300.577, and the State complaint procedures available under Secs. 300.660-300.662 relating to--
(1) Independent Independent educational evaluation;
(2) Prior Prior written notice;
(3) Parental Parental consent;
(4) Access Access to educational records;
(5) Opportunity Opportunity to present complaints to initiate due process hearingsprocess
hearings;
(6) The The child's placement during pendency of due process proceedings; process
proceedings;
(7) Procedures Procedures for students who are subject to placement in an interim an
interim alternative educational setting;
(8) Requirements Requirements for unilateral placement by parents of children in private in
private schools at public expense;
(9) Mediation Mediation;
(10) Due process hearings, including requirements for disclosure of evaluation for disclosure
of evaluation results and recommendations;
(11) State-level appeals (if applicable in that State);
(12) Civil actions;
(13) Attorneys' fees; and
(14) The State complaint procedures under Secs. 300.660-300.662, including
including a description of how to file a complaint and the timelines under the
timelines under those procedures.
(c) Notice in understandable language. The notice required under paragraph (a) of this section must meet the requirements of Sec. 300.503(c)."
The following is a summary of sources for procedures that may be found in law, regulation and District policy other than the A.D.E. sample:
● AnA. An opportunity for parent of a child with a disability to examine all records § 34 C.F.R. 300.501, Policy JR
and Regulationand Regulation JR-R (Student Records).
● ProceduresB. Procedures to protect the rights of the child whenever the parents of the child are not known § 34
CFR 300CFR 300.501 and A.R.S. 15-763.01.
● PriorC. Prior written notice to the parents is to be provided upon specific instances § 34 C.F.R. 300.503.
● ProceduresD. Procedures designed to ensure the prior written notice is in the native language of the parents, unless
it clearlyit clearly is not feasible to do so. If the district is unable after making an effort, to provide the notice in
the nativethe native language of the parent, then the A.D.E. should be contacted for assistance.
SeeSee § 34 C.F.R. 300.503.
● ProceduresE. Procedures for mediation shall be provided. Contact the A.D.E. for a list of mediators. See § 34 C.F.R.
300300.
507507 et seq.
andand A.A.C. R7-2-401.
● AnF. An explanation of the State complaint procedure shall be provided § 34 C.F.R. 300.
660660 et seq.
andand A.A.C. R7-2-405.
● DueG. Due process procedures are to be included § 34 C.F.R. 300.507 and A.A.C. R7-2-405.
● ProceduresH. Procedures that require the parent of a child with a disability, or the attorney representing the child, to
provide noticeprovide notice within certain guidelines (it shall remain confidential) § 34 C.F.R. 300.507.
●I. Discipline procedures should be explained § 34 C.F.R. 300.507, and Policy JKD (Student Suspension).
REGULATION
RESIGNATION OF SUPPORT
STAFF MEMBERS
Upon an employee's resignation from the District, all keys, uniforms, and other District property must be returned to the supervisor before the final paycheck is issued or an assessment of the value of the item(s) will be determined, and that amount will be deducted from the final paycheck.
(Section 504 of the Rehabilitation Act of 1973)
It is the responsibility of the District to identify and evaluate students who, within the intent of Section 504 of the Rehabilitation Act of 1973, need special services or programs in order that such students may receive the required free appropriate education.
For this policy, a student who may need special services or programs within the intent of Section 504 is one who:
● Has A. Has a physical or mental impairment that substantially limits one (1) or more major life activities, including learningincluding learning; or
● Has B. Has a record of such impairment; or
● Is C. Is regarded as having such impairment.
Students may be eligible for services under the provisions of Section 504 even though they do not require services pursuant to the Individuals with Disabilities in Education Act (IDEA). Students who are identified as individuals with exceptional needs, according to IDEA criteria, are not addressed under this policy. The needs of such students are provided for under Policy IHB and its regulations and under state and federal laws and regulations.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-708
29 U.S.C. 706
29 U.S.C. 794
CROSS REF.:
GCQF - Discipline, Suspension, and Dismissal of Professional Staff Members
GDQD - Discipline, Suspension, and Dismissal of Support Staff Members
JII - Student Concerns, Complaints and Grievances
JK - Student Discipline
JKD - Student Suspension
KED - Public Concerns/Complaints about Facilities and Services
REGULATION
SPECIAL INSTRUCTIONAL PROGRAMS
AND ACCOMMODATIONS FOR
DISABLED STUDENTS
(Section 504 of the Rehabilitation Act of 1973)
Each qualified student within the District who is eligible to receive regular or special education or related aids or services, regardless of the nature or severity of the condition necessitating such programs or services, shall receive free appropriate education in the District.
Identification and referral procedures:
● Any A. Any student who needs or is believed to need special education or related services not available through existing through existing programs in order to receive a free appropriate public education may be referred by a parent, teacher teacher, or other certificated school employee for identification and evaluation of the student's individual education individual education needs.
● The B. The identification and evaluation will be completed by persons knowledgeable about the student, the student's school s school history, the student's individual needs, the meaning of evaluation data, and the placement options. The The Superintendent will monitor the identification and evaluation to ensure that qualified personnel participate.
● The C. The District will consider the referral and, based upon a review of the student's existing records, including academicincluding academic, social, and behavioral records, make a decision as to whether an evaluation under this procedure is procedure is appropriate. If a request for evaluation is denied, the District will inform the parents or guardian of this decision this decision and of their procedural rights.
Evaluation. Evaluation of the student and formulation of a plan of services will be carried out by the District according to the following procedures:
● The A. The District will evaluate the nature of the student's disability and the impact of the disability upon the student's educations education. This evaluation will include consideration of any behaviors that interfere with regular participation of participation of a student who otherwise meets the criteria (such as age) for participation in the educational program and/or activitiesor activities.
● No B. No final determination of whether the student will or will not be identified as a student with a disability within the within the meaning of Section 504 will be made by the District without first inviting the parent or guardian of the student the student to participate in a meeting concerning such determination.
● A C. A final decision will be made by the District in writing, and the parents or guardian of the student shall be notified be notified of the Section 504 procedural safeguards available to them, including the right to an impartial hearing and impartial hearing and review.
Plan for services:
● For A. For a student who has been identified as having a disability within the meaning of Section 504 and in need of special of special education or related aids and services, the District shall be responsible for determining what special services special services are needed.
● In B. In making such determination, the District shall consider all available relevant information, drawing upon a variety a variety of sources, including, but not limited to, comprehensive assessments conducted by the District's professional s professional staff.
● The C. The parents or guardian shall be invited to participate in District meetings where services for the student will be will be determined, and shall be given an opportunity to examine all relevant records.
● The D. The District will develop a written plan describing the disability and the special education or related services neededservices needed. The plan will specify how the regular or special education and related aids and services will be providedbe provided, and by whom.
● The E. The District may also determine that no special education or related services are appropriate. If so, the record of record of the District proceedings will reflect the identification of the student as a person with a disability and will state the state the basis for the decision that no special services are presently needed.
● A F. A student with a disability shall be placed in the regular educational environment of the District, with the use of use of the supplementary aids and services, unless the District demonstrates that such placement cannot be achieved be achieved satisfactorily. The student with a disability shall be educated with those who are not disabled to the maximum to the maximum extent appropriate to the individual needs of the student.
● The G. The District shall notify the parents or guardian in writing of its final decision concerning the services to be providedbe provided.
● If H. If a plan for providing related services is developed, all school personnel who work with the student shall be informed be informed of the plan.
Review of the student's progress. The District will monitor the progress of the student with a disability and the effectiveness of the student's education plan annually to determine whether special education or related services are appropriate and necessary, and that the student's needs are being met as adequately as the needs of a nondisabled student.
Prior to any subsequent significant change in placement, a comprehensive reevaluation of the student's needs will be conducted.
Procedural safeguards:
● The A. The parents or guardian shall be notified in writing of all District decisions concerning the identification, evaluation evaluation, or educational placement of students made under this policy.
● The B. The parents or guardian shall be notified that they may examine relevant records.
● As C. As to such decisions by the District, the parents or guardian shall have the right to an impartial hearing hearing ("Section 504 due process hearing"), with opportunity for participation by the parents or guardian and their and their counsel. In the notification of any District decision concerning identification, evaluation, or placement, the parents or guardian will be advised that:
■ A 1. A request for a Section 504 due process hearing should be made within thirty-five (35) days of notice of right of right to file (but not less than thirty [30] days).
■ The 2. The request shall be made to:
Name: Superintendent ____________________________________
Flagstaff Unified School District No. 1
Address: 3285 E. Sparrow Avenue ____________________________________
Address: ____________________________________
Flagstaff, Arizona 86004 ____________________________________
Phone: (928) 527-6000
____________________________________
3. The hearing will be held in accord with Regulation IHBA-RB. The decision may be appealed only to a federal a federal court of competent jurisdiction.
■ Attorneys4. Attorneys' fees are available only as authorized by law.
If a state due process hearing has been or will be held under the IDEA concerning issues relevant to the Section 504 proceeding, a hearing officer qualified as to IDEA and Section 504 proceedings may preside in a joint hearing. The issues for either IDEA or Section 504 determination shall be clearly defined at the outset, and determinations by the hearing officer will be separate and distinct.
If both the parents or guardian and the District agree that the student is not eligible for special education under the IDEA, neither party is required to exhaust administrative proceedings under the IDEA prior to the holding of a Section 504 due process hearing.
The hearing officer shall render a decision. The parents or guardian shall be notified in writing of the decision. Either party may seek review of the decision of the Section 504 hearing officer by a federal court of competent jurisdiction.
The parties shall abide by the decision of the Section 504 hearing officer unless the decision is appealed to a federal court of competent jurisdiction and the decision is stayed by the court.
REGULATION
SPECIAL INSTRUCTIONAL PROGRAMS
AND ACCOMMODATIONS FOR
DISABLED STUDENTS
(Section 504 of the Rehabilitation Act of 1973)
Section 504
Due-
Due Process
Hearing Procedures
An impartial due process hearing will be utilized to resolve differences involving the education of a Section 504 qualified student with a disability when such differences cannot be resolved by means of a less formal procedure. In this instance, due processis is defined as an opportunity to present objections and reasons for the objections to the decision and/or procedures of the committee regarding application of Section 504. A Section 504 due process hearing may be called at the request of the District or a parent, guardian, or surrogate of an affected student. The proceedings will be presided over and decided by an impartial hearing officer. Impartial hearing officer means means a person selected to preside at a due process hearing to assure that proper procedures are followed and to assure the protection of the rights of both parties.
In all related hearing matters the following definitions shall apply:
● A. Daysmeans means calendar days.
● B. Placement planmeans means the program by which the decision concerning the educational placement of the student the student is decided.
● C. Parentsmeans means parents, guardian, or surrogate parent.
Parents or the District may initiate a due process hearing on a matter related to ( 1) eligibility and related procedures, ( 2) procedural safeguards, or ( 3) provision of a free and appropriate public education to the student.
Requests for a due process hearing must be submitted in writing to the Superintendent. Hearing notifications to the parents shall be given at least twenty (20) days prior to the date set for the hearing. The notice shall contain:
● A. A statement of time, place, and nature of the hearing.
● A B. A statement of the legal authority and jurisdiction under which the hearing is being held.
● A C. A reference to the particular section of the statutes and rules involved.
● A D. A statement of the availability of relevant records for examination.
● A E. A short and plain statement of the matters asserted.
● A F. A statement of the right to be represented by counsel.
All written correspondence shall be provided in English and/or interpreted in the primary language.
Hearing Procedures
The hearing officer shall preside at the hearing and shall conduct the proceedings in an impartial manner to the end that all parties involved have an opportunity to:
● Present A. Present their evidence.
● Produce B. Produce outside expert testimony and be represented by legal counsel and by individuals with knowledge or training or training with respect to problems of students with disabilities.
Parents involved in the hearing will be given the right to:
● Have A. Have the student present at the hearing.
● Open B. Open the hearing to the public.
In cases where there are language differences, an interpreter shall be provided.
The hearing officer shall review all relevant facts concerning the education placement.
● The A. The hearing officer shall determine, subject to appeal by judicial review, whether the District has met all procedural all procedural aspects of the education accommodation plan.
● The B. The hearing officer shall render a decision, subject to judicial review, that is binding on all parties, except that in that in all cases any action taken must comply with current Arizona Revised Statutes and federal court decisions.
● The C. The hearing officer shall ascertain that:
■ The 1. The procedures utilized in determining the student's needs have been appropriate in nature and degree.
■ The 2. The student's rights have been fully observed.
■ The 3. The provision of aids, services, or programs to the student may afford a free and appropriate education.
● If D. If the parents' primary language is other than English, then the hearing officer shall appoint an interpreter.
Decision of the Hearing Officer
A copy of the hearing officer's decision shall be delivered to the District and the parent, guardian, or surrogate within ten (10) days following completion of the hearing, which in no event shall be later than forty-five (45) days after receipt of the request for a hearing.
● Notification will include a statement that either party may appeal the decision.
The decision of the hearing officer is binding on all parties concerned; it is subject only to judicial review.
Record of Hearing
A written or electronic verbatim recording of the Section 504 due process hearing shall be on file at the District office and will be available for review upon request to the parents and/or any of the involved parties. Parents may have a copy of the proceedings, in English and in the primary language of the home.
LEGAL REF.:
A.A.C.
R7-2-405
REGULATION
DISCIPLINE, SUSPENSION, AND DISMISSAL
OF SUPPORT STAFF MEMBERS
Upon an employee's termination from the District, all keys, uniforms, and other District property must be returned to the supervisor before the final paycheck is issued or an assessment of the value of the item(s) will be determined, and that amount will be deducted from the final paycheck.
EXHIBIT
SPECIAL INSTRUCTIONAL PROGRAMS
AND ACCOMMODATIONS FOR
DISABLED STUDENTS
(Section 504 of the Rehabilitation Act of 1973)
POLICY MEMORANDUM
TO: Staff
FROM:
RE: Responsibilities of the District to Students with Disabilities under
under Section 504 of the Rehabilitation the Rehabilitation Act of 1973.
This memorandum is to clarify certain responsibilities of the District under Section 504 of the Rehabilitation Act of 1973.
Section 504 prohibits discrimination against persons with disabilities, including both students and staff members, by school districts receiving federal financial assistance. Included in the U.S. Department of Education regulations for Section 504 is the requirement that students with disabilities be provided with free appropriate public education (FAPE). The regulations pertaining to FAPE are published at 34 Code of Federal Regulations, Part 104, Subpart D.) These regulations require identification, evaluation, the provision of appropriate services, and procedural safeguards.
With respect to most students with disabilities, many aspects of the Section 504 regulations concerning FAPE parallel the requirements of the Individuals with Disabilities Education Act (IDEA) (formerly the Education of the Handicapped Act) and Arizona law. In those areas, by fulfilling our responsibilities under the IDEA and state law we are also meeting the standards of the Section 504 regulations.
However, in some other respects the requirements of the laws are different. There are some students who are not eligible for IDEA services but who nevertheless are eligible under Section 504, and to whom the District may therefore have responsibilities.
The IDEA defines as eligible only students who have certain specified types of impairments and who, because of one (1) of those conditions, need special education. Section 504, on the other hand, protects all students with disabilities, defined as those having any physical or mental impairment that substantially limits one (1) or more major life activities (including learning). Section 504 covers all students who meet this definition, even if they do not fall within the IDEA-enumerated categories and even if they do not need to be in a special education program.
An example of a student who is protected by Section 504 but who may not be covered by the IDEA is one who has juvenile arthritis but who has no mental impairments. Such a student has a health impairment but may not be covered by the IDEA if the student does not need placement in a special education program. However, the student is disabled for purposes of Section 504. A similar example might be a student with acquired immune deficiency syndrome (AIDS). Students with attention deficit/hyperactivity (ADD/H) or emotional disorders are another example. Such students may not meet the criteria for IDEA categories such as learning disabled or severely emotionally disturbed. However, if their disorders or conditions substantially limit their ability to function at school, they are disabled within the meaning of Section 504.
If the District has reason to believe that, because of a disability as defined under Section 504, a student needs either special education and related services or related services in the regular setting in order to participate in the school program, the District must evaluate the student; if the student is determined to be disabled under Section 504, the District must develop and implement a plan for the delivery of any needed services. Again, these steps must be taken even though the student is not covered by IDEA special education provisions and procedures.
What is required for the Section 504 evaluation and placement process is determined by the type of disability believed to be present, and the type of services the student may need. The evaluation must be sufficient to accurately and completely assess the nature and extent of the disability, and the recommended services. Evaluations more limited than a full special education evaluation may be adequate in some circumstances. For example, in the case of the student with juvenile arthritis, the evaluation might consist of the school nurse meeting with the parent and reviewing the student's current medical records. In the cases of ADD/H students, current psychoeducational evaluations may be used if such evaluations assessed the ADD/H issue. In other cases, additional testing may be necessary.
The determination of what services are needed must be made by a group of persons knowledgeable about the student. The group should review the nature of the disability, how it affects the student's education, whether special services are needed, and if so what those services are. The decisions about Section 504 eligibility and services must be documented in the student's file and reviewed periodically.
For the juvenile arthritic student, Section 504 services might be the provision of a typing course and use of a typewriter/word processor to improve writing speed or to provide a less painful means of writing. For the AIDS student, Section 504 services might be the administration and monitoring of medication, or a class schedule modified to address the student's stamina. For an ADD/H student, services might include modifications in the regular classroom, special assistance from an aide, a behavior plan, counseling, and/or the monitoring of medication.
It should also be noted that, under Section 504, the parents or guardian must be provided with notice of actions affecting the identification, evaluation, or placement of the student and are entitled to an impartial hearing if they disagree with District decisions in these areas. For disabilities covered only by Section 504 and not the IDEA, a Section 504 hearing will have to be made available that is separate from the IDEA hearing process. The District is exploring different frameworks for the adoption of procedures for conducting Section 504 hearings in the District, should the need arise.
In summary, it is important to keep in mind that some students who have physical or mental conditions that limit their ability to participate in the education program are entitled to rights under Section 504 even though they may not fall into IDEA categories and may not be covered by that law.
The Board requires that appropriate instructional programs be conducted to meet the needs of exceptionally gifted students of school age, in keeping with the District's goal of developing the special abilities of each student.
The framework for said programs shall encompass the following objectives:
● Expansion of academic attainments and intellectual skills.
● Stimulation of intellectual curiosity, independence, and responsibility.
● Development of originality and creativity.
● Development of positive attitude toward self and others.
● Development of desirable social and leadership skills.
● Career exploration and awareness.
Ability of candidates for this program shall be evidenced by:
● Achievement in schoolwork.
● Scores on tests measuring intellectual ability and aptitude.
● The judgments of teachers, psychologists, administrators, and supervisors familiar with the demonstrated abilities of the students.
Procedures shall be established by the Superintendent for identifying students of demonstrated achievement or potential ability.
Adopted: date of manual expanded academic course offerings, programs and supplemental services be provided as an integral part of the regular school day to gifted pupils identified in accord with relevant statutes. A program scope and sequence for gifted education including those requirements found in A.R.S. 15-779.02 shall be prepared and submitted in a form required by the Department of Education for approval by July 1 if any changes were made the previous year and by the same date at least every five (5) years if no changes were made.
Transfer students previously identified as gifted by another district or charter school shall, within a reasonable and timely period, have determined whether they are to receive gifted education in this District and if so have the program provided without unreasonable delay.
Adopted: date of Manual adoption
LEGAL REF.:
A.R.S.
15-203
15-761
15-764
15-769
15-770
15-722
779 et seq.
A.A.C.
R7-2-406
Pregnant students should have the same educational opportunities as their peers. Such students may also need additional counseling and health services that are available through the public schools.
Pregnant students may elect to remain in the regular school program and shall not be involuntarily excluded from any part of the school program, provided, however, that reasonable safeguards are maintained both for the school's and the student's best interests.
The Superintendent will establish procedures as necessary to implement this policy.
Adopted: November 13, 2012date of Manual adoption
LEGAL REF.:
A.R.S.
15-341
CROSS REF.:
AD - Educational Philosophy/School District Mission
IHBF - Homebound Instruction
JHD - Exclusions and Exemptions from School Attendance
(District-Wide Employee Communication and Input System)
The Governing Board of the Flagstaff Unified School District and its employees declare that providing a quality education for students is their mutual goal. The group recognizes that this goal is best achieved through open communications, mutual trust, understanding, and cooperative efforts of the Board, administration, and staff. It is essential that all parties trust that district resources will be utilized in a way that will provide positive working conditions for all employees while nourishing and protecting the welfare of the students.
The Governing Board of the Flagstaff Unified School District requires the Superintendent to form and maintain a District-wide employee communication and input system. This system must provide equal opportunity to all regular status employees of the District to be elected to a District employee representation committee. Any committee created by this policy is not granted any authority to make binding decisions. Eligibility of candidates for the committee shall not be based upon national origin, age, gender, sexual orientation, race, ethnicity, District years of service, job type, or external affiliation. Regular employees are defined as current District certificated staff, licensed professionals, administrative staff, and support (classified) staff members with regular District work schedules issued by Human Resources. Regular staff does not include temporary, short-term/stipend only, substitute staff, contractors, or sub contractors.
The Governing Board expects all parties to meet in good faith and in a manner that promotes mutual trust and understanding.
Adopted: April 14, 2015
REGULATION
PROGRAMS FOR PREGNANT /
PARENTING STUDENTS
The District affirms the right of a pregnant student to continue her participation in the public school program.
As soon as the pregnancy is medically confirmed, the student
shallmay consult with a member of the counseling staff or the principal for the purpose of planning her educational program.
The student may be eligible for the following educational plans or may suggest alternatives:
● SheA. She may remain in her present school program, with modifications as necessary, until the birth of her baby
is imminentis imminent or until her physician states that continued participation would be detrimental to her health.
● IfB. If eligible for homebound or chronic illness status, in accord with A.R.S. 15-901, she may temporarily withdraw from school at the direction of her physician and may receive homebound instruction from the
date of herdate of her withdrawal until her physician states that she is physically able to return to school.
Efforts will be made to see that the educational program of the student is disrupted as little as possible; that she receives information on available health and counseling services, as well as instruction; and that she is encouraged to return to school after delivery.
(Title I)
The Superintendent shall pursue funding under Title I, Improving the Academic Achievement of the Disadvantaged, of the Elementary and Secondary Education Act, to supplement instructional services and activities in order to improve the educational opportunities of educationally disadvantaged or deprived children.
All schools, regardless of whether they receive Title I funds, shall provide services that, taken as a whole, are substantially comparable. Teachers, administrators, and other staff shall be assigned to schools in a manner that ensures equivalency among the District’s District's schools. Curriculum materials and instructional supplies shall be provided in a manner that ensures equivalency among the District’s District's schools.
Parents and pupils of private schools who are eligible for services as residents within the District shall be provided services on an equitable basis in accordance with 20 U.S.C. 6320 of the Elementary and Secondary Education Act.
Title I Parental Involvement
The District maintains programs, activities, and procedures for the involvement of parents/guardians of students receiving services, or enrolled in programs, under Title I. These programs, activities, and procedures are described in District-level and School-level compacts.
District-Level Parental Involvement Compact. The Superintendent shall develop a District-Level Parental Involvement Compact according to Title I requirements. The District-Level Parental Involvement Compact shall contain:
● The District’s A. The District's expectations for parental involvement;
● Specific B. Specific strategies for effective parent involvement activities to improve student academic achievement and school and school performance; and
● Other C. Other provisions as required by federal law.
The Superintendent shall ensure that the Compact is distributed to parents/guardians of students receiving services, or enrolled in programs, under Title I.
School-Level Parental Level Parental Involvement Compact. Each school principal shall develop a School-Level Parental Involvement Compact according to Title I requirements. This School-Level Parental Involvement Compact shall contain:
● A. A process for continually involving parents/guardians in its development and implementation;
● How B. How parents/guardians, the entire school staff, and students share the responsibility for improved student academic student academic achievement;
● The C. The means by which the school and parents/guardians build and develop a partnership to help children achieve children achieve the state's high standards; and
● Other D. Other provisions as required by federal law.
Each school principal shall ensure that the Compact is distributed to parents/guardians of students receiving services, or enrolled in programs, under Title I.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-341
20 U.S.C. 6301 et seq.
, Every Student Succeeds Act of 2015
REGULATION
COMPENSATORY EDUCATION
(Title I)
District-Level Parental
Involvement Compact
The District-level compact shall provide an understanding of the joint responsibility of the District and parents/guardians to improve students’ students' academic achievement and school performance.
To that end, the District provides opportunities for parents/guardians involvement at the District level and the District involves parents/guardians in the joint development of the District’s District's plan to help low-achieving children meet challenging achievement and academic standards (20 U.S.C 6312), and the process of school review and improvement (20 U.S.C. 6316) by:
● Establishing A. Establishing a District-level committee with parents/guardians liaisons from each building as well as representatives as representatives from other impacted programs, including Head Start.
● Establishing B. Establishing meaningful, ongoing two-way communication between the District, staff, and parents/guardians.
● Developing C. Developing a medium to communicate to parents/guardians about the plan and seek their input and participationand participation.
● Training D. Training personnel on how to collaborate effectively with families with diverse backgrounds that may impede parentsimpede parents/guardians participation (e.g., illiteracy or language difficulty).
The District provides the coordination, technical assistance, and other support necessary to assist participating schools in planning and implementing effective parents/guardians involvement activities to improve student academic achievement and school performance by:
● Providing A. Providing ongoing District-level workshops to assist schools in planning and implementing improvement strategiesimprovement strategies.
● Establishing B. Establishing training programs for school liaisons to bring the communication and facilitation skills to the schools the schools they represent.
● Providing C. Providing information to parents/guardians about the various assessment tools and instruments that will be developed be developed to monitor progress.
● Seeking D. Seeking input from parents/guardians in developing workshops.
The District builds the capacity of schools and parents/guardians for strong parental involvement by:
● Providing A. Providing ongoing communication about the District-wide committee through District newsletters or other written other written or electronically communicated means.
● Engaging B. Engaging the school parent organizations to actively seek out and involve parents/guardians through regular communication regular communication updates and information sessions.
● Utilizing C. Utilizing parent organizations to assist in identifying effective communication strategies based on their members’ their members' needs.
The District coordinates and integrates parents/guardians involvement strategies under this compact with parents/guardians involvement strategies under other programs, (such as the Head Start program, Reading First program, Early Reading First program, Even Start program, Parents as Teachers program, Home Instruction Program for Preschool Youngsters, and State-run preschool programs) by:
● Involving A. Involving District and building representatives from other programs to assist in identifying specific population needspopulation needs.
● Sharing B. Sharing data from other programs to assist in developing new initiatives to improve academic achievement and achievement and school improvement.
The District conducts, with the involvement of parents/guardians, an annual evaluation of the content and effectiveness of the parents/guardians involvement policy in improving the academic quality of the schools served under Title I, including identifying barriers to greater participation by parents/guardians in activities authorized by this section (with particular attention to parents/guardians who are economically disadvantaged, are disabled, have limited English proficiency, have limited literacy, or are of any racial or ethnic minority background), and use the findings of such evaluation to design strategies for more effective parents/guardians involvement, and to revise, if necessary, the parents/guardians involvement policies described in this section by:
● Evaluating A. Evaluating the effectiveness of the content and communication methods through a variety of methods, including including: focus groups, surveys, workshops, and informal coffees with District and school administrative staffadministrative staff, parents/guardians, and teachers.
● Identifying B. Identifying barriers to effective evaluation by language support or other assistance as needed.
● Identifying C. Identifying potential policy and compact changes to revise and improve program(s).
The District involves parents/guardians in the activities of the schools served under Title I by:
● Providing A. Providing communication and calendar information to parents/guardians of upcoming meetings, discussions or events or events and encouraging their participation.
● Providing B. Providing school principal and parent organization coordination of events.
School-Level Parental
Involvement Compact
The school-level parent involvement compact provides an understanding of the joint responsibility of the school and parents/guardians for improving student academic achievement and school performance. The school provides opportunities for parent/guardian involvement by:
● Convening A. Convening an annual meeting, at a convenient time, to which all parents/guardians of participating children are children are invited and encouraged to attend, to inform parents/guardians of their school’s school's participation under Title I and I and to explain the requirements of Title I, and the right of the parents/guardians to be involved. The school principal school principal shall:
■ Invite 1. Invite all parents/guardians of participating children to the annual meeting at school.
■ Explain 2. Explain the rights of parents/guardians to be involved in establishing this compact.
■ Introduce 3. Introduce and involve the school representatives on the District-level committee.
■ Provide 4. Provide an overview of Title I and give parents/guardians an opportunity to express questions and concernsand concerns.
■ Indicate 5. Indicate the mechanisms by which the committee work will be communicated.
■ Seek 6. Seek the involvement and input of parents/guardians.
■ Provide 7. Provide child care so that all parents/guardians who would otherwise be unable to attend may attend.
● Offering B. Offering a flexible number of meetings, such as meetings in the morning or evening, and may provide, with funds with funds provided under this part, transportation, child care, or home visits, as such services relate to parental involvementparental involvement. The school principal shall:
■ Provide 1. Provide parents/guardians with opportunities to ask questions and dialogue informally about student academic student academic achievement and school performance.
■ Engage 2. Engage school-based parent organizations to assist with communication and implementation needs.
■ Develop 3. Develop and use outreach programs to involve community groups and organizations.
● Involving C. Involving parents/guardians in an organized, ongoing, and timely way, in the planning, review, and improvement and improvement of programs under Title I, including the planning, review, and improvement of the school parental school parental involvement policy and the joint development of the school wide program plan (under 20 U.S.C. 1114 1114). The school principal shall:
■ Identify 1. Identify and establish a process by which an adequate representation of parents/guardians of participating of participating children can occur.
■ Establish 2. Establish a schedule for the school-based committee to plan, review, and recommend improvements to improvements to the District parent involvement policy.
● The D. The school principal shall:
■ Provide 1. Provide parents/guardians of participating children timely information about programs.
■ Communicate 2. Communicate updates through use of school newsletters, the District web site, e-mail and telephone contacttelephone contact, and home visits if needed.
The school principal will provide a description and explanation of the curriculum in use at the school, the forms of academic assessment used to measure student progress, and the proficiency levels students are expected to meet.
The school principal shall:
● Provide A. Provide parents/guardians, upon request, opportunities for regular meetings to formulate suggestions and to participateand to participate, as appropriate, in decisions relating to the education of their children, and respond to any suggestions any suggestions as soon as practicably possible.
● Develop B. Develop a feedback loop for parents/guardians to ask questions and receive follow-up.
If the school wide plan is not satisfactory to the parents/guardians of participating children, the school principal shall:
● Submit A. Submit any comments when the school makes the plan available to the Governing Board.
● Provide B. Provide a process for parents/guardians to express concerns and complaints.
Shared Responsibilities for High
Student Academic
Achievement
The school is responsible for providing a high-quality curriculum and instruction in a supportive and effective learning environment that enables the children served under Title I to meet the state’s state's student academic achievement standards.
Each parent/guardian is responsible for supporting their children’s children's learning, by:
● Monitoring A. Monitoring attendance, homework, and television viewing.
● Volunteering B. Volunteering in their child’s child's classroom and participating, as appropriate, in decisions relating to their children’s education children's education and extracurricular activities.
Communication between teachers and parents/guardians occurs on an ongoing
basis through:
● ParentA. Parent-teacher conferences in elementary schools, at least annually, during which the compact shall be discussed be discussed as the compact relates to the individual child’s child's achievements.
● Frequent B. Frequent reports to parents/guardians on their children’s children's progress.
● Reasonable C. Reasonable access to staff, opportunities to volunteer and participate in their child’s child's class, and observation of classroom of classroom activities.
Building Capacity
for
Involvement
To ensure effective involvement of parents/guardians and to support a partnership among the school’s schools involved, each school shall:
● Provide A. Provide assistance to parents/guardians of children served in understanding the state’s academic content standards state's academic content standards and state student academic achievement standards, state and local assessments, monitoring a child’s a child's progress, and work with educators to improve the achievement of their children.
● Provide B. Provide materials and training (such as literacy, technology, et cetera) to help parents/guardians work with their with their children.
● Educate C. Educate teachers and other staff in the value and utility of contributions of parents/guardians and how to effectively to effectively communicate with and work with parents/guardians as equal partners.
● Implement D. Implement and coordinate parent/guardian programs that will build ties between them.
● Coordinate E. Coordinate and integrate parent involvement programs and activities with Head Start, Reading First, Early Reading Early Reading First, Even Start, the Home Instruction Programs for Preschool Youngsters, the Parents as Teachers as Teachers Program and public preschool and other programs and conduct other activities, such as parent/guardian resource guardian resource centers that encourage and support parents/guardians in more fully participating in the education the education of their children.
● Ensure F. Ensure that information is sent to the parents/guardians of participating
children in a format and language that parentsthat parents/guardians can understand.
● Involve G. Involve parents/guardians in the development of training for teachers, school principals, and other educators to educators to improve the effectiveness of such training.
● Provide H. Provide necessary literacy training from funds received under this part if the District has exhausted all other reasonably other reasonably available sources of funding for such training.
● I. Pay reasonable and necessary expenses associated with local parental involvement activities, including transportation including transportation and child care costs to enable parents/guardians to participate in school-related meetings and meetings and training sessions.
● J. Train parents/guardians to enhance the involvement of other parents/guardians.
● Use K. Use outreach programs to involve community groups and organizations.
● Arrange L. Arrange school meetings at a variety of times, or conduct in-home conferences between teachers and other educatorsother educators, in order to maximize parental involvement and participation.
● Adopt M. Adopt and implement model approaches to improving parental involvement.
● Establish N. Establish a District-wide parent advisory council to provide advice on all matters related to parental involvement parental involvement in supported programs.
● Develop O. Develop appropriate roles for community-based organizations and businesses in parent/guardian involvement activitiesinvolvement activities.
● Provide P. Provide such other reasonable support for parental involvement activities under this section as parentsas parents/guardians may request.
In carrying out the parental involvement requirements of this compact, the school, to the extent practicable, will provide full opportunities for the participation of parents/guardians with limited English proficiency or disabilities, including providing information and school reports in a format and, to the extent practicable, in a language such parents/guardians understand.
EXHIBIT
COMPENSATORY EDUCATION
(Checklist for Development, Implementation, and Maintenance
of Parent Involvement Compacts for Title I Programs)CHECKLIST FOR DEVELOPMENT, IMPLEMENTATION,
AND MAINTENANCE OF PARENT INVOLVEMENT
COMPACTS FOR TITLE I PROGRAMS
The development, implementation, and maintenance of parent/guardian involvement compacts must be accomplished with meaningful consultation with parents/guardians of children participating in Title I programs. The Superintendent designates a person to be responsible for the process of obtaining meaningful consultation. This checklist includes some measures designed to encourage meaningful consultation.
This is an annual checklist. Check steps as completed.
◻ Plan Plan regular meetings throughout the school year with parents/guardians to discuss the District and/or school compacts; identify dates, convenient times, places, and persons whose attendance is desired. Offer meetings in the morning or evening, and, if funds are available under Title I for this purpose, provide transportation, childcare, or home visits, as such services relate to parent/guardian involvement.
◻ Plan Plan an agenda for meetings to be held to discuss District and/or school compacts.
● Always A. Always begin with “introducing "introducing where we are now” now" and end with “next "next steps.”● Agendas "
B. Agendas should provide for two-way communication between District and parents/guardians of children participating children participating in Title I programs.
● Agendas C. Agendas can be built around the federal compliance requirements as stated in the districtDistrict- and school-level compacts level compacts as developed.
● Agendas D. Agendas should also include a section to inform parents/guardians of their school's participation under Title I and I and to explain Title I’s I's requirements regarding parent involvement, including the right of the parents/guardians to guardians to be involved.
● Agendas E. Agendas should also include a section to describe and explain the curriculum in use at the school, the forms of forms of academic assessment used to measure student progress, and the proficiency levels students are expected to expected to meet.
● If F. If requested by a parent/guardian, agendas should also include a section for parents/guardians to formulate suggestions formulate suggestions and to participate, as appropriate, in decisions relating to the education of their children.
● Agendas G. Agendas should also include a section to involve parents/guardians in the planning, review, and improvement of improvement of Title I programs, including the joint development of the school-wide program plan.
● Another H. Another agenda topic is how funds are allotted for parent/guardian involvement in activities; parents/guardians of guardians of children receiving services must be involved in these decisions.
◻
NotifyNotify interested persons of meeting dates to discuss the District and/or school compacts, including:
◻
ParentsParents/guardians of students participating in Title I programs
◻
StaffStaff members
◻
StudentsStudents participating in Title I programs
◻
SchoolSchool Board members
◻
MediaMedia
◻
CoordinatorsCoordinators for other school programs, (e.g. Head Start and preschool programs)
◻
OfficialsOfficials of private schools
◻
OtherOther
◻
PublicizePublicize the meeting dates, times, and locations to discuss District and/or school compacts.
◻
MakeMake all Open Meetings Law notifications and postings for meetings to be held to discuss District and/or school compacts. (Notice and record keeping shall be in accord with the open meeting laws)
◻
AppointAppoint a recording secretary to keep meeting minutes.
◻
ProvideProvide copies of working drafts to parents/guardians in an understandable and uniform format and, to the extent practicable, in a language the parents/guardians can understand.
◻
DetermineDetermine "success" indicators to measure the effectiveness of the parental involvement compacts in improving the academic quality of the schools.
◻
ReviewReview the "success" indicators in order to evaluate the effectiveness of the parental involvement compacts in improving the academic quality of the schools.
◻
IdentifyIdentify barriers to greater participation by parents/guardians, with particular attention to parents/guardians who are economically disadvantaged, are disabled, have limited English proficiency, have limited literacy, or are of any racial or ethnic minority background. Use the findings of such evaluation to design strategies for more effective parent/guardian involvement.
◻
IfIf the school-wide program plan is not satisfactory to the parents/ guardians of participating children, submit any parents/guardians comments on the plan when the school makes the plan available to the Governing Board.
◻
ProvideProvide status reports to the Governing Board and, periodically, request the Board's approval of the parental involvement compacts as they evolve.
◻
ReviseRevise the applicable parental involvement compacts as necessary.
EXHIBIT
COMPENSATORY EDUCATION(Notice to Parents)
NOTICE TO PARENTS
Improving Basic Programs
Operated by
Operated
by Local Educational Agencies
At the beginning of each school year, a school or district that receives funds under this part shall notify the parents of each student attending any school receiving funds under this part that the parents may request, and the district will provide the parents on request, information regarding the professional qualifications of the student’s student's classroom teachers, including, at a minimum, the following: [20 U.S.C 6311(h)(6)(A)]
● Whether A. Whether the teacher has met the State qualifications and licensing criteria for the grade levels and subject areas subject areas in which the teacher provides instruction.
● Whether B. Whether the teacher is teaching under emergency or other provisional status.
● The teacher’s C. The teacher's baccalaureate degree major and any other graduate certifications or degrees.
● Whether D. Whether paraprofessionals provide services to the student and, if so, their qualifications.
A school must provide to parents information on the level of achievement of the parent’s parent's child in each of the state academic assessments. [20 U.S.C 6311(h)(6)(B)(i)]
A school must provide parents timely notice that the parent’s parent's child has been assigned, or has been taught for four (4) or more consecutive weeks by, a teacher who is not highly qualified. [20 U.S.C 6311(h)(6)(B)(ii)]
Academic Assessment and Local Education
Agency and School Improvement
A school or district shall promptly provide to parents of each student enrolled in an elementary school or a secondary school identified for school improvement, corrective action or restructuring: [20 U.S.C 6316(b)(6)]
● An A. An explanation of what the identification means, and how the school compares in terms of academic achievement academic achievement to other district schools and the state educational agency;
● The B. The reasons for the identification;
● An C. An explanation of what the school identified for school improvement is doing to address the problem;
● An D. An explanation of what the district or State educational agency is doing to help the school address the achievement the achievement problem;
● An E. An explanation of how the parents can become involved in addressing the academic issues that caused the school the school to be identified for school improvement; and
● An F. An explanation of the parents’ parents' option to transfer their child to another public school (with transportation provided transportation provided by the agency when required) or to obtain supplemental educational services for the child.
Whenever the school fails to make adequate yearly progress and/or is restructured, the district shall provide the teachers and parents with an adequate opportunity to comment and participate in developing a plan. [20 U.S.C 6316(b)(8)(c)]
The district shall provide annual notice to parents of each student enrolled in an elementary school or a secondary school identified for school improvement under 20 U.S.C. 6316(b)(1)(E)(i), for corrective action under 20 U.S.C. 6316(b)(7)(C)(i), or for restructuring under 20 U.S.C. 6316(b)(8)(A)(i).: [20 U.S.C. 6316(e)(2)(A)]
● The A. The availability of supplemental education services;
● The B. The identity of approved providers that are within the district or whose services are reasonably available in neighboring in neighboring districts; and
● C. A brief description of those services, qualifications, and demonstrated effectiveness of each such provider.
Parental Involvement
Parents shall be notified of the parental involvement policy in an understandable and uniform format and, to the extent practicable, provided in a language the parents can understand. Such policy shall be made available to the local community and updated periodically to meet the changing needs of parents and the school. [20 U.S.C 6318(b)]
Each school shall: [20 U.S.C 6318(c)]
● Convene A. Convene an annual meeting, at a convenient time, to which all parents of participating children shall be invited and invited and encouraged to attend, to inform parents of their school’s school's participation, and to explain the requirements of this of this part, and the right of the parents to be involved;
● Offer B. Offer a flexible number of meetings;
● Involve C. Involve parents, in an organized, ongoing, and timely way, in the planning, review, and improvement of programs of programs including the planning, review, and improvements of the school parental involvement policy and policy and the joint development of the school-wide program plan under 20 U.S.C. 6314(b)(2);
● Provide D. Provide parents of participating children:
■ Timely 1. Timely information about programs under this part;
■ A 2. A description and explanation of the curriculum in use at the school, the forms of academic assessment used assessment used to measure student progress, and the proficiency levels students are expected to meet; and
■ If 3. If requested by parents, opportunities for regular meetings to formulate suggestions and to participate, as as appropriate, in decisions relating to the education of their children, and respond to any such suggestions such suggestions as soon as practicably possible.
Voluntary Public School
Choice Program
The school or district shall provide to parents of students in the area to be served by the Voluntary Public School Choice program with prompt notice of: [20 U.S.C. 7225d(a)(2)]
● The A. The existence of the program;
● The program’s B. The program's availability; and
● A C. A clear explanation of how the program will operate.
REGULATION
FIELD TRIPS
Field trips are very useful to encourage learning through exploration of the environment not immediately accessible to the classroom. However, field trips are only one means of achieving an educational objective. Approval of field trips will be based on a number of items such as availability of transportation, budget, personnel, weather, risks, and distance, as well as educational objectives.
It will be the responsibility of the staff and the principal to organize field trips so that an experience is not repeated yearly for a student or group of students. There might be some justification for repeating an experience, but generally the same field trip will not be repeated for any one (1) student within a three (3) year cycle.
The cost of transportation for field trips must be included in budget planning. Each teacher who wishes to plan field trips should make tentative plans with the principal during budget planning. Such plans should include the place, time, and educational justification for each field trip. The District will attempt to have some capacity for scheduling field trips beyond those requested by the teachers as part of the budget process, but there can be no assurance that such unbudgeted trips can be accommodated.
Individual schools in which twenty (20) or more students of a given grade level receive parental exception waivers in accord with A.R.S. 15-753 shall offer classes teaching English and other subjects through bilingual education techniques or other generally recognized educational methodologies permitted by law. Where these programs are not available students receiving parental exception waivers shall be permitted to transfer to a public school in which such a class is offered.
Prerequisites for Waiver Requests
With prior written informed consent, provided on an annual basis, a student's parents or legal guardian may request a waiver from the application of A.R.S. 15-752 - being placed in an English language classroom. In order to apply for a waiver the parents or guardian must:
● Visit the school to apply for the waiver, and while at the school,
■ Be 1. Be provided a full description of the educational materials to be used in the different educational program educational program choices, and
■ Be 2. Be provided all the educational opportunities available to the child.
Parental exception waiverParental Exception Waiver
A parental exception waiver may be applied for if the above prerequisites have been met and at least one (1) of the following applies:
● The A. The student already possesses good English language skills, as measured by:
■ Oral evaluation or standardized tests of English vocabulary comprehension, reading, and writing, in which in which the student scores:
⇒ Approximately a. Approximately at or above the state average for the student's grade level, or
⇒ At b. At or above the fifth (5th) grade average, whichever is lower.
● The B. The student is age ten (10) or older, and:
■ It is the informed belief of the school principal and educational staff that an alternate course of educational of educational study would be better suited to the student's overall educational progress and rapid and rapid acquisition of basic English language skills.
● The C. The student has special individual needs (physical and psychological needs above and beyond the lack of English of English proficiency).
■ Any 1. Any decision to issue a waiver based on special individual need is to be made subject to the examinationthe examination, approval and authorizing signature of the Superintendent within, but not limited tolimited to, the following guidelines:
⇒ The a. The student has already been placed in an English language classroom for not less than thirty (30) calendar calendar days during that school year.
⇒ It b. It is subsequently the informed belief of the school principal and educational staff that the child has such has such special and individual physical or psychological needs, above and beyond the lack of English proficiencyEnglish proficiency, and an alternate course of educational study would be better suited to the student's overall s overall educational development and rapid acquisition of English.
♦ A I. A written description of not less than two hundred fifty (250) words documenting these special these special individual needs for the specific student must be provided and permanently added permanently added to the student's official school record after,♦ .
II. A special needs review has been completed by persons knowledgeable about the student, the student's school history, the student's special individual needs, the meaning of the meaning of evaluation data, and the placement options. The review shall be based upon based upon the student's existing records, including academic, social, and behavioral records.
♦ The III. The waiver application must contain the original authorizing signature of the school principalschool principal.
⇒ If c. If the student has been determined to be a student with a disability under the Individuals with Disabilities with Disabilities Education Act then all procedural safeguards including those relative to evaluation and evaluation and the provision of free appropriate public education must be followed.
⇒ If d. If the student has been determined to be a student with a disability under Section 504 of the Rehabilitation the Rehabilitation Act of 1973, evaluation and such accommodations as are necessary to provide a provide a free appropriate public education shall be provided in accord with the act.
■ Teachers 2. Teachers and local school districts may reject waiver requests without explanation or legal consequence. The The existence of such special individual needs shall not compel issuance of a of a waiver.
■ The 3. The parents shall be fully informed of their right to refuse to agree to a waiver for special individual needsindividual needs.
The Superintendent shall develop procedures as necessary for implementation of this policy.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-744
15-751
15-752
15-753
15-754
15-755
A.A.C.
R7-2-310
CROSS REF.:
IHAA - English English Instruction
IHB - Special Instructional Programs
IHBA - Special Instructional Programs and Accommodations for Disabled Students
EXHIBIT
BILINGUAL INSTRUCTION / NATIVE
LANGUAGE INSTRUCTION
(Request for Parental Exception Waiver)REQUEST FOR PARENTAL EXCEPTION WAIVER
Student's name name _________________________________________________________
Last First Last First M M.I.
School ________________________ Current Current grade _______ Birth Birth date _________
Home phone___________ _ Work phone__________ _ Message phone__________
Parent or guardian's name name ________________________________________________
Last First Last First M M.I.
Home address __________________________________________________________
Street City Street City ZipZip
E-mail address __________________________________________________
I, ____________________________________ the undersigned parent /legal guardian of the above student, visited the school and while present was provided with a full description of the education materials to be used in different educational program choices, and a full description of all the educational opportunities available to my child. I herein request a waiver from the application of A.R.S. 15-752 - being placed in an English language classroom and consent to placement in a bilingual education/native language instruction program.
The reason for the request is that
the above-named student:
◻ Possesses Possesses good English language skills.
◻ Is Is age ten (10) or older.
◻ Has Has special individual needs.
The following (or attached) information is provided to assist in making a determination as to the granting of the waiver.
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
____________________________________________________________________________________________________________
____________________________________ _______ __________________________
Signature of Parent or Legal Guardian Date Date
FOR DISTRICT USE ONLY s DO ONLY * DO NOT WRITE BELOW THIS LINE
Date stamp ____________________________________
Filing Date
◻
Approved
Approved ◻
DeniedDenied
Principal ______________________________________ Date __________________
Superintendent ________________________________ Date Date __________________
(Only required for special individual needs)
"Homebound" or "hospitalized" means a student who is capable of profiting from academic instruction but is unable to attend school due to illness, disease, accident or other health conditions, who has been examined by a competent medical doctor and who is certified by that doctor as being unable to attend regular classes for a period of not less than three (3) school months or a pupil who is capable of profiting from academic instruction but is unable to attend school regularly due to chronic or acute health problems, who has been examined by a competent medical doctor and who is certified by that doctor as being unable to attend regular classes for intermittent periods of time totaling three (3) school months during a school year. Homebound or hospitalized includes a student who is unable to attend school for a period of less than three (3) months due to a pregnancy if a competent medical doctor, after an examination, certifies that the student is unable to attend regular classes due to risk to the pregnancy or to the student's health.
Requests for homebound instruction must be made to the school office and shall include medical certification stating the general medical condition, such as illness, disease or chronic health condition, that is the reason the student is unable to attend school. Homebound instruction must be provided a minimum of four (4) hours per week by teachers with the same certification as the regular classroom teacher. Full-time attendance may be counted for each day during a week in which the student receives at least four (4) hours of instruction. Classroom teachers are expected to work with the teachers of homebound students concerning materials to be covered in order that each homebound student may rejoin the class upon return to school.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-769
15-901
A.A.C.
R7-2-607
CROSS REF.:
JHD - Exclusions and Exemptions from School Attendance
Arizona Online Instruction
Arizona online instruction (AOI) is a learning option for meeting the needs of students in the information age. The District Governing Board may authorize student enrollment in AOI courses for credit to fulfill the academic requirements of the Governing Board and the State Board of Education (SBE). The course(s) must be provided by an online course provider or an online school selected and approved by the SBE as defined by and in accordance with the criteria established in A.R.S. 15-808.
To satisfy District class and course standards, the course offerings and content must:
● meet A. meet District and SBE academic standards for the identified student population,
● provide B. provide at least the minimum course of study and competency requirements for graduation from high school, based based on the current cohort year requirements, and
● prepare C. prepare students for post-secondary success in the world of work, technical school, or college.
To receive credit towards promotion or graduation, a student participating in Arizona online instruction shall:
● satisfactorily A. satisfactorily complete the course requirements,
● participate B. participate in the testing requirements prescribed by A.R.S. 15-741 et seq., and● not and
C. not be allowed to participate in AOI if the student fails to comply with the testing requirements and the online the online instruction provider fails to administer the tests to at least ninety-five percent (95%) of the students participating students participating in the provider school's AOI.
Upon the student's enrollment in AOI, the student's parents or guardians shall be notified of the state testing requirements.
The District shall coordinate with the AOI provider the gathering, recording, maintenance and reporting of applicable information to the student's parents or guardians, District officials, and the appropriate agencies.
If a student's academic achievement declines while the student is participating in AOI, the student's parents or guardians, teachers and instructors, and the school's administrator shall confer to evaluate whether the student's continued participation in AOI should be allowed.
A student may participate in AOI as either a part-time or full-time student for membership and attendance purposes as prescribed by A.R.S. 15-808. When the student is concurrently enrolled part-time in the District and participating part-time in AOI, daily attendance and membership of the student shall be recorded and reported for funding apportionment purposes as specified by A.R.S. 15-808 and the Uniform System of Financial Records (USFR).
Whenever a student becomes ineligible for continuation in an AOI course or program, for whatever reason, the student shall be enrolled in a District course or courses appropriate to the student's academic qualifications.
The District may make application to the Arizona State Board of Education to become a provider of Arizona Online Instruction.
Adopted: December 11, 2012date of Manual adoption
LEGAL REF.:
A.R.S.
15-203
15-341
15-701
15-701.01
15-741
15-802
15-808
15-901
A.A.C.
R7-2-301
R7-2-302
R7-2-302.01
R7-2-302.02
R7-2-302.03
R7-2-302.04
USFR Memorandum No. 244
CROSS REF.:
DI - Fiscal Accounting and Reporting
IHA - Basic Instructional Program
IHB - Special Instructional Programs
IJNDB - Use of Technology Resources in Instruction
IKE - Promotion and Retention of Students
IKF - Graduation Requirements
JE - Student Attendance
JR - Student Records
REGULATION
ONLINE / CONCURRENT /
CORRESPONDENCE COURSES
Arizona Online Instruction
A student or the student's parents or guardians may apply to the student's school administrator for part-time concurrent or full-time enrollment in an Arizona online instruction (AOI) program.
The student's school administrator shall confer with the student and the student's parents or guardians to:
● explore A. explore the student's interest in and understanding of the AOI program,
● describe B. describe the AOI course or program provider's requirements of the student, and
● explain C. explain the state testing requirements for the student's participation in AOI, as well as the additional testing situations testing situations that might result in the student's loss of eligibility to continue in AOI.
The school's administrator, or a person designated by the administrator, shall monitor the student's performance and progress in the AOI course or program of study. Periodic reports to the student's parents or guardians shall be made at the same time and in the same manner as those for District students of like classification not participating in the AOI.
If a determination is made that the student's academic achievement has declined while the student is participating in AOI, the student's parents or guardians, teacher(s) and instructor(s), and the school's administrator shall confer to evaluate whether the student's continued participation in AOI should be allowed. When a student's decline in academic achievement, or for any other reasons, results in the student becoming ineligible to continue participation in AOI, the student shall be placed in a school class or course commensurate with the student's academic level and AOI program of study, or as nearly equivalent as is practical.
The school's administrator shall cooperate with the AOI provider as necessary to accommodate on-site assistance to special need students participating in AOI courses or programs.
The school's administrator shall ensure that the daily attendance and membership of each student participating in AOI is recorded, maintained, and reported as required by law.
(Participation of Indian parents and tribes in the educational
process pursuant to special impact aid provisions
for local educational agencies that claim
entitlements based on the number of
students residing on Indian lands)
The Governing Board shall give tribal officials and parents of Indian students the opportunity to comment on the participation of Indian students on an equal basis in the school program with all other students educated by the District. The District shall disseminate to tribal officials and parents of Indian students any evaluations of education programs assisted with funds provided under the Special Impact Aid Act, and any program plans for education programs that the District plans to initiate or eliminate.
The District will actively consult and regularly involve tribal officials and parents of Indian students in the planning and development of education programs assisted with funds provided under the Special Impact Aid Act and will afford tribal officials and parents of Indian students an opportunity to make recommendations concerning:
● The A. The needs of their children.
● The B. The ways by which they can assist their children in realizing the benefits to be derived from the education programs education programs assisted with funds provided under the Special Impact Aid Act.
● Their C. Their overall views on the education program in the District, including:
■ The 1. The operation of the District's education program.
■ The 2. The degree of parental participation allowed.
Adopted:
November 10, 2009date of Manual adoption
LEGAL REF.:
A.R.S.
15-205
20 U.S.C. 7701 et seq., Impact Aid Act
REGULATION
INDIAN EDUCATION
Tribal officials and parents of Indian students shall have the opportunity to comment on the participation of Indian students pursuant to Policies ABA, AC, AD, BEDBA, and BEDH. Further, the District will schedule at least three (3) meetings each year for the specific purpose of receiving input on issues relating to provisions of the Special Impact Aid Act, in order to better serve the needs of the students affected by this act. The meetings will be held in one (1) of the schools or the central administration building, normally beginning at 7:00 - 7:30 p.m. Minutes will be taken and assessed in order to modify policies and procedures as appropriate, based on input received at these meetings, such that the students are better served.
The District will also assess the extent to which Indian students participate on an equal basis in the District and will, if needed, modify its educational program to allow Indian students to participate on an equal basis.
The District will disseminate evaluations of educational programs assisted with funds provided under the act, including any program plans that the District intends to initiate or eliminate.
The District will annually review Policy IHBJ to ensure that it meets all minimum standards and continues to provide for an adequate level of Indian participation. If needed, the District will amend or modify policies and procedures to conform with appropriate requirements.
The District will respond annually in writing to comments and recommendations made by tribal officials and parents of Indian children, and disseminate the response prior to the submission of Indian Policies and Procedures.
Any amended policies or procedures shall be provided to the secretary and to the affected tribe(s).
EXHIBIT
INDIAN EDUCATION
COMPLAINT PROCEDURES
The District will comply with the following as it applies to a complaint.
Contents of a complaint. For For purposes of these procedures, a complaint is a signed statement that includes:
● An A. An allegation that the District has failed to:
■ Establish 1. Establish adequate policies and procedures to ensure the participation of Indian parents and tribes in the education the education process;
■ Adhere 2. Adhere to these policies and procedures; or
■ Take 3. Take into consideration meaningful Indian input in designing the education program;
● Information B. Information that supports the allegation;
● A C. A specific request for relief; and
● A D. A statement describing what steps it has taken to resolve with the District the matters on which the complaint is complaint is based.
Who may file a complaint:
● Any A. Any tribe, or its designee, that has students attending a District school may, in its discretion and without regard to regard to the requirements of any other provision of law, file a written complaint with the Assistant Secretary of the United the United States Department of the Interior regarding any action of the District pursuant to, or relevant to, the mattersthe matters.
■ If a tribe files a complaint through a designee, the tribe shall acknowledge in writing in the complaint that the that the designee is authorized to act on its behalf.
● Parents B. Parents of Indian children may not file a complaint directly with the Assistant Secretary.
■ These parents shall submit their grievances to the tribe or its designee, although neither the tribe nor its designee its designee is obligated to file these grievances in a complaint with the Assistant Secretary.
● A C. A complaint filed under these procedures need not reflect the views of a majority of the parents of Indian children Indian children attending the District schools.
Where to file a complaint. The The tribe may file a complaint with the Secretary of Education, United States Department of Education, Washington, DC 20202-6244.
When to file a complaint. A A tribe may file a complaint with the Assistant Secretary only if:
● The A. The District has complied with the requirements; and
● The B. The tribe has taken reasonable steps to resolve with the District the issues on which the complaint is based.
Receipt of a complaint by the Assistant Secretary. The The Assistant Secretary considers a complaint to have been received only after the Assistant Secretary determines that the complaint:
● Satisfies A. Satisfies the requirements; and
● Is B. Is in writing and signed by a tribal official or the tribe's authorized designee.
Dismissal of a complaint:
● If A. If the Assistant Secretary determines that a complaint fails to meet the requirements, the Assistant Secretary notifies Secretary notifies the tribe or its designee that the complaint has been dismissed for purposes of invoking hearing procedureshearing procedures.
● Each B. Each notice that a complaint has been dismissed includes the reasons why the Assistant Secretary determined Secretary determined that the complaint did not meet the requirements.
● Notice C. Notice that a complaint has been dismissed does not preclude other efforts to investigate or resolve the issues raised issues raised in the complaint, including the filing of an amended complaint.
Consolidation of complaints. The The Assistant Secretary may consolidate complaints involving the same tribe or District.
LEGAL REF.:
20 U.S.C. 1221
EXHIBIT
INDIAN EDUCATION
HEARING PROCEDURES
The District will comply with the following as it applies to a hearing.
Applicability of hearing procedures in these procedures. These These hearing procedures apply only to proceedings.
Applicability of other laws. The The following provisions do not apply to proceedings:
● Administrative A. Administrative Procedure Act.
● Federal B. Federal Rules of Civil Procedure.● Federal
C. Federal Rules of Evidence.
Parties to a hearing. The The parties to a hearing under this subpart are:
● The A. The complaining tribe or tribes; and
● The B. The affected District or Districts.
Notice. Within Within ten (10) working days after receiving a complaint, the Assistant Secretary:
● Appoints A. Appoints a hearing examiner to conduct the hearing;
● Selects B. Selects a time for the hearing so that the hearing occurs no more than thirty (30) days after the appointment of a of a hearing examiner;
● Designates C. Designates a place for the hearing that is, to the extent possible:
■ Near 1. Near the District; or
■ At 2. At another location convenient to the tribe and the District, if the Assistant Secretary determines there is a is a good cause to designate another location;
● Notifies D. Notifies the tribe and the District of the time, place, and nature of the hearing; and
● Sends E. Sends copies of the complaint to the District and the tribe.
District's reply to the complaint. Within Within fifteen (15) days after receiving the notice, the District shall file with the Assistant Secretary its reply to the charges in the complaint.
General procedural rules:
● A. Communications. No No party shall communicate orally or in writing with the hearing examiner or the Assistant Secretary Assistant Secretary on matters under review, except minor procedural matters, unless all parties to the complaint are givenare given:
■ Timely 1. Timely and adequate notice of the communication; and
■ Reasonable 2. Reasonable opportunity to respond.
● B. Submission of documents. For For each document that a party submits, the party shall:
■ File 1. File one (1) copy for inclusion in the record of the proceedings; and
■ Provide 2. Provide a copy to each of the other parties to the proceedings.
● C. Record. A A record of the proceedings will be established and maintained by the Assistant Secretary.
Conduct of the hearing:
● A. Public hearing. The The hearing must be open to the public.
● B. Representation by counsel. Parties Parties may be represented by counsel.
● C. Evidence:
■ Each 1. Each party may submit oral and written testimony that is relevant to the issues in the proceedings.
■ A 2. A party may object to evidence it considers to be irrelevant or unduly repetitious.
● D. Authority and responsibilities of the hearing examiner:
■ The 1. The hearing examiner may regulate the course of the proceedings and the conduct of the parties during those during those proceedings. The hearing examiner takes all steps necessary to conduct a fair and impartial proceedingimpartial proceeding, to avoid delay, and to maintain order, including the following:
⇒ The a. The hearing examiner may clarify, simplify, or define the issues or consider other matters that may aid may aid in the disposition of the complaint.
⇒ The b. The hearing examiner may direct the parties to exchange relevant documents or information.
⇒ The c. The hearing examiner may receive, rule on, exclude, or limit evidence.
⇒ Although d. Although hearings are open to the general public, the hearing examiner may establish reasonable rules reasonable rules governing public attendance at the proceedings.
⇒ The e. The hearing examiner may examine witnesses.
■ The 2. The hearing examiner may interpret applicable statutes and regulations but may not waive them or rule on rule on their validity.
● E. Transcripts:
■ The 1. The Assistant Secretary:
⇒ Arranges a. Arranges for the preparation of a transcript of each hearing;
⇒ Retains b. Retains the original transcript as part of the record of the proceedings; and
⇒ Provides c. Provides one (1) copy of the transcript to each party.
■ Additional 2. Additional copies of the transcript are available on request and with payment of the reporting service's reproduction s reproduction fee.
● F. Hearing costs. Each Each party shall bear only its own costs in the proceeding.
Opportunity to submit additional evidence:
● Each A. Each party may submit to the hearing examiner additional evidence that is relevant to the issues raised at the hearingthe hearing.
● The B. The hearing examiner must receive each party's additional evidence within ten (10) days after the hearing.
The hearing examiner's findings and recommendations. Within Within thirty (30) days after the hearing, the hearing examiner:
● MakesA. Makes, on the basis of the record, written findings of fact and recommendations concerning any appropriate remedial appropriate remedial action that should be taken;
● Submits B. Submits those findings and recommendations, along with the hearing record, to the Assistant Secretary; and
● Sends C. Sends a copy of those findings and recommendations to each party.
Opportunity to comment on the hearing examiner's
findings and recommendations:
● Each A. Each party may file with the Assistant Secretary comments on the hearing examiner's findings and recommendationsand recommendations.
● The B. The Assistant Secretary must receive each party's comments within ten (10) days after the party receives a copy a copy of the hearing examiner's findings and recommendations.
The Assistant Secretary's final determination:
● Within A. Within thirty (30) days after receiving the hearing record and the hearing examiner's findings and recommendationsand recommendations, the Assistant Secretary makes, on the basis of the record, a written determination that determination that includes:
■ Any 1. Any appropriate remedial action that the District must take;
■ A 2. A schedule for completing any remedial action; and
■ The 3. The reasons for the Assistant Secretary's decision.
● After B. After completing such final determination, the Assistant Secretary sends the parties a copy of:
■ The 1. The hearing record;
■ The 2. The hearing examiner's findings and recommendations; and
■ The 3. The Assistant Secretary's final determination.
● The Assistant Secretary's final determination is the final action of the Department concerning the complaint.
C. Judicial review of the Assistant Secretary's final determination.
IfIf a party is dissatisfied with the
Assistant SecretaryAssistant Secretary's final determination, the party may seek judicial review before a court of competent jurisdiction.
Effects of noncompliance with the Assistant
Secretary's final determination:
● A. Determination of compliance:
■ Undertaken 1. Undertaken the required remedial action; or
■ Failed 2. Failed to undertake the remedial action within the time established and the Secretary determines that an extension an extension of time will not effectively encourage the required remedial action.
● B. Withholding by the Secretary:
■ Except 1. Except as provided, if the Secretary determines that the District has failed to undertake the remedial actionremedial action, the Secretary withholds payment of all funds to which the District is entitled until that remedial action remedial action is undertaken.
⇒ The a. The Secretary does not withhold funds if the tribe or its designee requests in writing that these funds these funds be released to the District.
⇒ The b. The Secretary may not withhold funds during the course of the school year if the Secretary determines Secretary determines that a withholding would substantially disrupt the education programs of the District.
■ If 2. If the District is aggrieved by the Secretary's action, the District may request a hearing.
● C. Election of alternative services by the tribe:
■ If 1. If the Secretary determines that the District has failed to undertake the remedial action, the affected tribe may tribe may elect to:
⇒ Contract a. Contract with the Bureau of Indian Affairs under Title I of the Indian Self-Determination and Education and Education Assistance Act to provide educational services previously provided by the District; or
⇒ Have b. Have a Bureau of Indian Affairs school provide those educational services.
■ If 2. If the affected tribe exercises its option, any Indian students affiliated with that tribe who wish to remain in remain in attendance at the District against whom the complaint was filed may be counted by the District for the purpose the purpose of receiving funds.
■ If 3. If Indian students remain affiliated with the District:
⇒ The a. The Secretary may not withhold funds that are based on the number of Indian students who remain who remain affiliated with the District; and
⇒ The b. The tribe may not file any further complaints with respect to these Indian students.
LEGAL REF.:
20 U.S.C. 240
20 U.S.C. 122146 FR 7199, Jan. 22, 1981, as amended at 51 FR 4497, Feb. 5, 1986
The Board shall provide vocational and career education services and programs consistent with A.R.S. 15-781 through 15-790 and A.A.C. R7-2-502 for students enrolled in the District schools.
Personnel employed to provide said services shall be certified as required by Arizona Revised Statutes and rules of the State Department of Education.
All personnel employed in vocational and career education programs shall be directly responsible to the principal(s) of the building(s) to which they are assigned. Vocational and career education programs shall be supervised and coordinated through the office of the Superintendent.
Adopted: date of manual adoption
LEGAL REF.:
A.R.S.
15-781 et. seq.
A.A.C.
R7-2-502
CROSS REF.:
GBGB- Staff Personal Security and Safety
A summer session may be held if deemed necessary.
The Superintendent shall invite suggestions from staff members, students, and the school community to determine what areas of the curriculum shall be included in the summer session.
Remuneration for teaching during the summer session shall be established by the Board.
Adopted: date of
manualManual adoption
Regular Education
Recognizing that the pupil-teacher ratio is important to an effective educational program, the District will seek to maintain optimum pupil-teacher ratios. Staff members should understand that occasionally inequities may develop when comparing the pupil-teacher ratio of one school with that of another. When such an inequity arises, the District shall make every reasonable effort to resolve the imbalance. Any such remedy shall take into consideration the best interests of the students and teacher involvedThe teacher-student ratio for staffing in the District is the responsibility of the Board. Staffing patterns and student grouping shall be flexible so as to accommodate varied instructional delivery approaches, student needs, curriculum requirements, and fiscal resources. Each year the Superintendent will make staffing recommendations during the budget review and preparation process.
Special Education
It is the intent of the District to maintain a special education student-teacher ratio that will allow the teacher to work effectively and efficiently toward the individualized education program (IEP) objectives of each student with a disability and to work with classroom teachers to prevent learning problems whenever possible.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-341
15-342
15-764
CROSS REF.:
IHB - Special Instructional Programs
REGULATION
CLASS SIZE
(Special Education)
Teacher-Student Ratios and
Staff- Student Ratios
It is the intent of the District to maintain a special education teacher-student -teacher ratio that will allow the teacher to work effectively and efficiently toward the individualized education program (IEP) objectives of each student with a disability and to work with classroom teachers to prevent learning problems whenever possible.
The goals for teacher-student ratios shall be as follows:
CATEGORYCATEGORY
GOALGOAL
Resource
1.0 FTE teacher
(average) 12 - 15 students with disabilities
Speech/language resource
1.0 FTE teacher
(average) 40 - 50 direct service students
(approximately 75% students with
disabilities and 25% remedial)
Resource itinerant for
sensory, hearing, and
vision impaired students
(average) 5 - 12 students
Mild to moderate retardation
1.0 FTE teacher and 1.0 fte aide
(average)
77 - 9 students
Severe mental retardation
1.0 FTE teacher and 1.0 fte aide
(average) 2 - 4 students
If the number of students exceeds the goal for a class, acceptable alternatives may include, but are not limited to:
● Addition A. Addition of a teacher's aide.
● Increasing B. Increasing an aide's hours.
● Reassigning C. Reassigning students to a different teacher.●
Adding D. Adding a teacher.
● Other E. Other adjustments acceptable to the Superintendent and the Board.
The administrator for special education shall make student assignments within the resources available, based upon the goals listed above.
CROSS REF.:
IHB - Special Instructional Programs
It shall be the responsibility of the principal, with the cooperation of assigned counselors, to assist students in the scheduling of classes. All students in the high school except graduating seniors are required to enroll in six (6) classes (or four [4] classes if the school is on a four-period day).
Summer School
Students taking courses in summer school will earn regular credit to apply toward graduation.
Reduced Load
Graduating seniors who have completed eighteen (18) credits by the end of their junior year may be allowed to carry a reduced load, with a minimum of four (4) consecutive classes a day during their senior year, providing prior approval has been granted by the building principal. The principal will consider such requests on an individual basis._____ classes. Graduating seniors will be required to enroll in a minimum of _____ classes.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-341
Supplies
All students in the elementary (K-8) schools will have required textbooks and supplies furnished by the District.
The Governing Board shall furnish free required textbooks and related printed subject matter materials for high school students in grades nine (9) through twelve (12).
A student or parent may purchase, at the price paid for the books, such books as are necessary for high school students. Students and their parents shall be held responsible for proper care of books and school property. Books must be kept clean and unmarked. Parents may be required to pay for any damage to school property.
The Superintendent is authorized to establish a replacement-fee schedule and make it available to students, staff members, and parents. Students and parents will be advised of this replacement-cost policy upon enrollment or at the beginning of each school year.
The District shall obtain signed, written consent from a student's parent or guardian before using video, audio or electronic materials that may be inappropriate for the age of the student.
Access to Instructional Material
by Parents and Guardians
The Superintendent shall establish procedures that permit parents or guardians of students enrolled in the District to have advance access to the instructional materials, learning materials and activities currently used by, or being considered for use by, the District in accordance with the terms of this policy. A parent who objects to any learning material or activity on the basis that the material or activity is harmful, because of sexual content, violent content, or profane or vulgar language, may request to withdraw that student from the activity or from the class or program in which the material is used and request an alternative assignment.
The request by the parent or guardian must be in writing and must specify the materials that the parent or guardian wishes to review.
Such procedures shall make available at least one (1) copy of the materials for review by the parents or guardians. Printed textbooks, printed supplementary books, and printed subject-matter materials may be checked out from the District premises by parents or guardians for periods not to exceed forty-eight (48) hours. All other materials, including films, may be reviewed only on the District premises.
Parents or guardians will be notified when and where the instructional materials may be picked up or reviewed. Materials will be made available on a first-come, first-served basis.
Adopted: April 23, 2013date of Manual adoption
LEGAL REF.:
A.R.S.
15-102
15-113
15-341
15-342
15-721 to 15-730
CROSS REF.:
ABA - Community Involvement in Education
IJND - Technology Resources
KB - Parental Involvement in Education
When circumstances indicate that acceleration in grade placement is in the best interest of the student, close cooperation between the parents and all school personnel involved is imperative. Each student will have individual consideration, and decisions will be made only after a careful study of facts relating to the student's growth and development. The student's academic achievement level and mental ability are important, but physical and social characteristics are also determining factors. A decision should be based on sufficient data collected over a period of time and motivated by a desire to place the student in the school program where the greatest success will result.
The decision to accelerate a student rests with the Superintendent. Parental involvement in all steps of the process is vital. Parental consent to the acceleration of a student should be in writing.
If parents do not approve of a decision regarding the acceleration of the student, they may appeal the decision to the Superintendent. Further appeal, if necessary, may be made to the Board.
Adopted: date of Manual adoption
LEGAL REF.:
A.R.S.
15-701.01
CROSS REF.:
IKE - Promotion and Retention of Students
REGULATION
INSTRUCTIONAL RESOURCES
AND MATERIALS
Availability of and Access to Instructional
Materials by Parents or Guardians
Parents or guardians of students enrolled in the District shall have access in advance to instructional materials, learning materials and activities currently in use, or being considered for use, in the District. Such access shall be governed by the following:
● Requests A. Requests must be in writing and must specify the materials that the parents or guardians want to review.
● Requests B. Requests shall be submitted to the office of the assistant superintendent for instruction.● At ______________________.
C. At least one (1) copy of such instructional materials shall be available for parent or guardian review.
● Printed D. Printed textbooks, supplementary books, and other printed subject matter may be checked out for removal from removal from District premises for up to forty-eight (48) hours. All other materials, including films, may be reviewed only reviewed only on District premises.
● School E. School personnel involved in handling requests to review materials will notify the parents or guardians as to when to when and where such materials may be picked up or reviewed.
● Materials F. Materials will be available on a first-come, first-served basis.
Objections to Learning Materials
and Activities
A student whose parent or guardian objects to any learning material or activity may be withdrawn from the activity or from the class or program in which the material is used, providing:
● The A. The objection is in writing and is specific in its description of the activity or learning material to which the parent which the parent or guardian objects.
● The B. The objection includes a statement that the parent or guardian understands that the educational information and information and concepts covered in the activity or material may not be covered in any other manner or form and that the parent that the parent or guardian understands that the student may not be able to make up the material or activity in any other in any other way.
● Although C. Although the student may be unable to make up for the missed activity or material, no penalty will accrue to the to the student in grades or credit, with the exception that, if the objection removes a student from a substantial portion substantial portion of a class, promotion and credit decisions will be based on applicable District policies.
● All D. All such objections shall be directed to the principal of the school in which the student is enrolled, who shall forward shall forward a copy of the written objection to the Superintendent, indicating that the student has been removed from removed from the activity or stating the reason for nonremoval.
● Upon E. Upon receiving a principal's recommendation for removal or nonremoval, the Superintendent will review the situation the situation and make a decision regarding the matter and communicate that decision to the parent or guardian and guardian and the principal.
● Within F. Within ten (10) days after receiving notification of such decision from the Superintendent, the parent or guardian or guardian may request an appeal to the Board.
The Board will approve and adopt all new textbooks and supplementary books. The Superintendent shall establish textbook selection procedures that shall provide for the appropriate involvement of staff members, students, and community members. These procedures may provide for the establishment of textbook selection committees. Recommendations from textbook selection committees will be forwarded to the Superintendent.
Textbooks and supplementary books for common schools recommended by textbook selection committees will be placed on display in the District office for a period of at least sixty (60) days prior to the meeting at which the Board will consider their adoption.
Textbooks for high schools recommended by textbook selection committees will be place on display in the District office for a period of at least sixty (60) days prior to the meeting at which the Board will consider their adoption. Information related to high school textbooks, which are proposed for approval, shall be placed on the District website.
In recommending books, the committees will strive for continuity of textbooks throughout the different grades and use the same book series in all classes of the same grade.
Objectives of Selection
It is the responsibility of the school textbook committees to:
A. Recommend resources that will support and enrich the curriculum, taking into consideration the varied interests, abilities, learning styles, and maturity levels of students served.
B. Recommend resources that will stimulate growth in factual knowledge, critical analysis of differing sides of issues, literary appreciation, aesthetic values, and recognition of various societal values.
C. Place principle above personal opinion and reason above prejudice in the recommendation of resources of the highest quality in order to assure a comprehensive collection of resources appropriate for the complete education of all students.
The Superintendent will establish procedures for the purchase and distribution of all necessary textbooks, supplemental books, and other related instructional materials from the adopted list free of cost to students.
Removal of Textbooks/Supplementary
Materials
Textbook selection committees may recommend to the Superintendent that certain previously adopted textbooks or supplementary materials be deleted from the Board-approved list. Textbooks and supplementary materials will not be deleted without the approval of the Board.
Disposal of Learning Materials
The Board authorizes the Superintendent to establish regulations for the disposal of surplus or outdated learning materials when it has been determined that the cost of selling such materials equals or exceeds estimated market value of the learning materials.
Adopted: September 12, 2017date of Manual adoption
LEGAL REF.:
A.R.S.
15-203
15-342
15-721
15-722
15-726
CROSS REF.:
DN - School Properties Disposition
IJL - Library Materials Selection and Adoption
KEC - Public Concerns/Complaints about Instructional Resources
REGULATION
TEXTBOOK / SUPPLEMENTARY
MATERIALS
SELECTION AND ADOPTION
(Criteria for Selection)
Textbook selection committees shall be guided by the following:
● ResourcesA. Resources shall be recommended to support and enrich the school curriculum and to meet the
personal needspersonal needs of the students.
● ResourcesB. Resources that are recommended shall be appropriate for the subject area and for the age,
emotional developmentemotional development, ability level, learning styles, and social development of students for whom the
materials arematerials are selected.
● ResourcesC. Resources that are recommended shall provide a background of information that will motivate students
to examineto examine their own attitudes and behavior, to comprehend their duties, responsibilities, rights, and
privileges asprivileges as participating citizens in our society, and to make intelligent judgments in their daily lives.
● ResourcesD. Resources that are recommended shall provide information on differing sides of issues so that users
may developmay develop the practice of critical analysis.
● ResourcesE. Resources shall be recommended for the atypical student as well as for the average student.
● ResourcesF. Resources shall be recommended for their strengths rather than rejected for their weaknesses, and shall
be judgedbe judged as a whole.
● RecommendationsG. Recommendations shall support and be consistent with general education goals of the District and goals
and objectivesand objectives of specific courses.
The Superintendent shall annually recommend to the Board an expenditure level for the purchase of library books, materials, and materialselectronic media. The Superintendent shall approve the purchase of library books, materials, and electronic media that:
● EnrichA. Enrich and support the curriculum, taking into consideration the varied interests, abilities, and maturity
levels oflevels of the students served.
● StimulateB. Stimulate growth in factual knowledge, literary appreciation, aesthetic values, and ethical standards.
● ProvideC. Provide a background of information that will enable students to make intelligent judgments in their daily lives.
● ProvideD. Provide materials representative of the many religious, ethnic, and cultural groups and their contributions
to ourto our American heritage.
● AssureE. Assure a comprehensive collection appropriate for the users of the library.
● ProvideF. Provide a current, balanced collection of books, basic reference materials, texts, periodicals, and
audiovisual materialsaudiovisual materials that depict in an accurate and unbiased way the cultural diversity and pluralistic nature of
American societyAmerican society.
The Superintendent is authorized to establish a professional library for the use of the District staff.
The Superintendent will establish procedures for the removal of the following categories of books and other material from the library:
● Damaged A. Damaged materials.
● Materials B. Materials that no longer present current information.
● Materials C. Materials that no longer support the goals of the District.
● Materials D. Materials that have not been used frequently enough to justify the use of library space.
Adopted: date of
manualManual adoption
REGULATION
LIBRARY MATERIALS
SELECTION AND ADOPTION
The following standards shall be used in the selection of library books, materials, and materialselectronic media:
● MaterialsA. Materials and media that widen the boundaries of the students' thinking, that enrich their lives and help
them fulfillthem fulfill their recreational and emotional needs.
● MaterialsB. Materials and media that have imaginative appeal and a style that is interesting and free from monotony.
● MaterialsC. Materials and media that stimulate the imagination, provide for mental growth, develop a taste for
good writinggood writing, and draw attention to the beautiful and artistic.
● BooksD. Books and media that provide pleasurable reading for the reader's sake.
● BooksE. Books and media that are illustrated in a manner that complements the text, have quality art, and are
suitable forsuitable for the intended readers.
● MaterialsF. Materials and media that adequately cover a wide range of reading ability.
Commercial organizations offer a variety of materials for use by teachers in the classroom. Many of these materials are of high educational value, with little or no advertising emphasis. Other materials are primarily advertising and have only limited educational value.
In general, supplementary materials (printed materials, models, films, slides, pictures, charts, exhibits for educational purposes, etc.et cetera) from nonschool sources should have approval by the principal. This approval may be given to materials that are of obvious educational quality, supplement and enrich text and reference book materials, are timely and up to date, and promote American democratic ideals and moral values.
Students may not be used as the agents for distributing nonschool materials to the homes. The Superintendent shall be the final judge of whether or not such materials shall be utilized with students and will establish necessary procedures for their evaluation, approval, and use.
This policy is not intended to prohibit classes or school organizations from planning and developing school projects that include the donation of money or substance by those students, or the solicitation of money or substance from other students, provided that the project has its origin in the school community, is school sponsored, and has prior approval by the building principal or an authorized representative.
Adopted: February 26, 2013Adopted: date of Manual adoption
LEGAL REF.:
A.R.S.
15-341
15-535
CROSS REF.:
KHC - Distribution/Promotion of Promotional Materials
Library facilities are considered of the utmost importance to the students and should be designed, to the extent possible, to accommodate:
● A. A comprehensive collection of instructional materials selected to meet the needs of the students.
● Maximum B. Maximum accessibility to these materials.● A
C. A place for materials that will support the curriculum, taking into consideration the individual student's
needs andneeds and the varied interests, abilities, socioeconomic backgrounds, and maturity levels of all of the students.
● AD. A place for materials for teachers and students to encourage growth in knowledge, which will develop literary,
culturalcultural, and aesthetic appreciation and ethical standards.
● The E. The allotment of space for an adequate professional library.
Adopted: date of
manualManual adoption
(Movies/Videos/Electronic Materials)
It is the policy of the District that there is educational value in utilizing movies and videos in classrooms only when such movies and videos extend and/or reinforce the concepts being taught and have been planned for in advance. Parents or guardians of students enrolled in the District shall have access in advance to instructional materials, learning materials and activities currently in use, or being considered for use, in the District.
The District shall obtain signed, written consent from a student's parent or guardian before using video, audio or electronic materials that may be inappropriate for the age of the student.
The Superintendent shall develop regulations governing the use of movies/videos in the classroom.
Adopted: April 23, 2013date of Manual adoption
LEGAL REF.:
A.R.S.
15-113
15-341
CROSS REF.:
IJ - Instructional Resources and Materials
IJNDB - Use of Technology Resources in Instruction
KB - Parental Involvement in Education
REGULATION
TECHNOLOGY RESOURCES
(Movies/Videos/Electronic Materials)
Movies, videos and electronic materials that may be inappropriate for the age of the student (Elementary: no movies, videos, and electronic materials rated R or higher; any PG or PG-13 shown will abide by the guidelines below. Middle School: no movies, videos and electronic materials rated R or higher; any PG-13 shown will abide by the guidelines below. High School: no movies, videos, and electronic materials rated X or NC-17; any R shown will abide by the guidelines below) with ratings other than for general audiences of all ages are not to be shown in classrooms or at any school District facility (this includes buses and motels where students are present) except when:
● TheA. The movie, video or electronic material has been previewed by the teacher or other certificated staff member.
● TheB. The movie, video or electronic material has been determined to not contain material that is objectionable
or inappropriateor inappropriate for the age group to which it is intended to be shown.
● TheC. The responsible school administrator has approved the use of the movie, video or electronic material prior
to itsto its showing.
● TheD. The teacher or other certificated staff member has provided advance notification to each student's parent(s),
oror other responsible adult, of the title of the movie, video or electronic material and the date on which it
will bewill be shown.
● AE. When a movie, video or electronic material has a rating the above advance notification will include the rating and the source providing the rating.
F. A student whose parent(s) or other responsible adult has provided notice of their disapproval will not
be permittedbe permitted to view the movie, video or electronic material.
Parents or guardians have the right to have advance access to instructional materials, learning materials and activities currently in use, or being considered for use, in the District.
Parents have the right to request that their child not view any movie or video, regardless of its rating or the purpose for which it is to be shown.
A parent or guardian who objects to any learning material or activity on the basis that it is harmful includes objection to a material or activity because it questions beliefs or practices in sex, morality, or religion or, because of sexual content, violent content, or profane or vulgar language, may request to withdraw that student from the activity or from the class or program in which the material is used and request an alternative assignment.
Appropriate use of Electronic
Information Services
The District may provide electronic information services (EIS) to qualified students, teachers, and other personnel who attend or who are employed by the District. Electronic information services include networks (e.g., LAN, WAN, Internet), databases, and any computer-accessible source of information, whether from hard drives, tapes, compact disks (CDs), floppy disks, or other electronic sources. The use of the services shall be in support of education, research, and the educational goals of the District. To assure that the EIS is used in an appropriate manner and for the educational purposes intended, the District will require anyone who uses the EIS to follow its guidelines and procedures for appropriate use. Anyone who misuses, abuses, or chooses not to follow the EIS guidelines and procedures will be denied access to the District's EIS and may be subject to disciplinary and/or legal action.
The Superintendent shall determine steps, including the use of an Internet filtering mechanism, that must be taken to promote the safety and security of the use of the District's online computer network when using electronic mail, chat rooms, instant messaging, and other forms of direct electronic communications. Technology protection measures shall protect against Internet access by both adults and minors to visual depictions that are obscene, child pornography or, with respect to use of computers by minors, harmful to minors. Safety and security mechanisms shall include online monitoring activities.
As required by the Children's Internet Protection Act, the prevention of inappropriate network usage includes unauthorized access, including "hacking," and other unlawful activities; unauthorized disclosure, use and dissemination of personal identification information regarding minors.
It is the policy of the Board to:
● prevent A. prevent user access over the District's computer network, or transmissions of, inappropriate material via Internetvia Internet, electronic mail, or other forms of direct electronic communications;
● prevent B. prevent unauthorized access and other unlawful online activity;
● prevent C. prevent unauthorized online disclosure, use, or dissemination of personal identification information of minors; and● comply and
D. comply with the Children's Internet Protection Act [P.L. No. 106-554 and 47USC 47 U.S.C. 254(h)].
Each user will be required to sign an EIS user's agreement. The District may log the use of all systems and monitor all system utilization. Accounts may be closed and files may be deleted at any time. The District is not responsible for any service interruptions, changes, or consequences. The District reserves the right to establish rules and regulations as necessary for the efficient operation of the electronic information services.
The District does not assume liability for information retrieved via EIS, nor does it assume any liability for any information lost, damaged, or unavailable due to technical or other difficulties.
Filtering and Internet Safety
As required by the Children's Internet Protection Act, the District shall provide for technology protection measures that protect against Internet access by both adults and minors to visual depictions that are obscene, child pornography, or, with respect to use of the computers by students, harmful to students. The protective measures shall also include monitoring the online activities of students.
Limits, controls, and prohibitions shall be placed on student:
● Access A. Access to inappropriate matter.
● Safety B. Safety and security in direct electronic communications.
● Unauthorized C. Unauthorized online access or activities.
● Unauthorized D. Unauthorized disclosure, use and dissemination of personal information.
Education, Supervision and
Monitoring
It shall be the responsibility of all District employees to be knowledgeable of the Board's policies and administrative guidelines and procedures. Further, it shall be the responsibility of all employees, to the extent prudent to an individual's assignment to educate, supervise, and monitor appropriate usage of the online computer network and access to the Internet in accordance with this policy, the Children's Internet Protection Act, and the Protecting Children in the 21st Century Act.
The Superintendent shall provide for appropriate training for District employees and for students who use the District's computer network and have access to the Internet. Training provided shall be designed to promote the District's commitment to:
● the A. the standards and acceptable use of the District's network and Internet services as set forth in District policy;
● student B. student safety in regards to use of the Internet, appropriate behavior while using, but not limited to, such things such things as social networking Web sites, online opportunities and chat rooms; and cyberbullying awareness and awareness and response; and compliance with E-rate requirements of the Children's Internet Protection Act.
While training will be subsequently provided to employees under this policy, the requirements of the policy are effective immediately. Employees will be held to strict compliance with the requirements of the policy and the accompanying regulation, regardless of whether training has been given.
The Superintendent is responsible for the implementation of this policy and for establishing and enforcing the District's electronic information services guidelines and procedures for appropriate technology protection measures (filters), monitoring, and use.
Adopted: June 26, 2012Parent Notification
Parents will be notified of the policies regarding the use of technology and the Internet while at school. Parents will also be notified of their ability to prohibit the student from the use of technology and the Internet while at school in which covered information may be shared with an operator pursuant to A.R.S. 15-1046. This does not apply to software or technology that is used for the daily operations or administration of a local education agency or Arizona Online instruction programs authorized pursuant to A.R.S. 15-808.
Adopted: date of Manual adoption
LEGAL REF.:
A.R.S.
13-2316
13-3506.01
13-3509
15-341
15-808
15-1046
34-501
34-502
20 U.S.C. 9134, The Children's Internet Protection Act
47 U.S.C. 254, Communications Act of 1934 (The Children's
Internet Protection Act)
REGULATION
USE OF TECHNOLOGY RESOURCES
IN INSTRUCTION
(Safety and use of Electronic
Information Services)
Use of the electronic information services (EIS) requires that the use of the resources be in accordance with the following guidelines and support the education, research, and educational goals of the District. Filtering, monitoring, and access controls shall be established to:
● Limit A. Limit access by minors to inappropriate matter on the Internet and World Wide Web.
● Monitor B. Monitor the safety and security of minors when using electronic mail, chat rooms, and other forms of direct electronic direct electronic communications.
● Monitor C. Monitor for unauthorized access, including so-called "hacking," and other unlawful activities by minors online.
● Restrict D. Restrict access by minors to materials harmful to minors.
Content Filtering
A content filtering program or similar technology shall be used on the networked electronic information services (EIS) as well as on standalone computers capable of District authorized access to the Internet. The technology shall at a minimum limit access to obscene, profane, sexually oriented, harmful, or illegal materials. Should a District adult employee have a legitimate need to obtain information from an access-limited site, the Superintendent may authorize, on a limited basis, access for the necessary purpose specified by the employee's request to be granted access.
Education, Supervision, and
Monitoring
It is the responsibility of all District employees to be knowledgeable of the Board's policy and administrative regulations and procedures related to the use of technology resources. Employees are further responsible, to the extent prudent to an individual's assignment, to educate, supervise, and monitor student use of the District's online computer network use. District, department, and school administrators shall provide employees with appropriate in-servicing and assist employees with the implementation of Policy IJNDB.
As a means of providing safety and security in direct electronic communications and to prevent abuses to the appropriate use of electronic equipment, all computer access to the Internet through the District electronic information services (EIS) or standalone connection shall be monitored periodically or randomly through in-use monitoring or review of usage logs.
Access Control
Individual access to the EIS shall be by authorization only. Designated personnel may provide authorization to students and staff who have completed and returned an electronic information services user agreement. The Superintendent may give authorization to other persons to use the EIS.
Acceptable Use
Each user of the EIS shall:
● Use A. Use the EIS to support personal educational objectives consistent with the educational goals and objectives of the objectives of the School District.
● Agree B. Agree not to submit, publish, display, or retrieve any defamatory, inaccurate, abusive, obscene, profane, sexually sexually oriented, threatening, racially offensive, or illegal material.
● Abide C. Abide by all copyright and trademark laws and regulations.
● Not D. Not reveal home addresses, personal phone numbers or personally identifiable data unless authorized to do so to do so by designated school authorities.
● Understand E. Understand that electronic mail or direct electronic communication is not private and may be read and monitored and monitored by school employed persons.
● Not F. Not use the network in any way that would disrupt the use of the network by others.
● Not G. Not use the EIS for commercial purposes.
● Follow H. Follow the District's code of conduct.
● I. Not attempt to harm, modify, add, or destroy software or hardware nor interfere with system security.
● Understand J. Understand that inappropriate use may result in cancellation of permission to use the electronic information services information services (EIS) and appropriate disciplinary action up to and including expulsion for students.
In addition, acceptable use for District employees is extended to include requirements to:
● Maintain A. Maintain supervision of students using the EIS.
● Agree B. Agree to directly log on and supervise the account activity when allowing others to use District accounts.
● Take C. Take responsibility for assigned personal and District accounts, including password protection.
● Take D. Take all responsible precautions, including password maintenance and file and directory protection measures, to to prevent the use of personal and District accounts and files by unauthorized persons.
Each user will be required to sign an EIS user agreement. A user who violates the provisions of the agreement will be denied access to the information services and may be subject to disciplinary action. Accounts may be closed and files may be deleted at any time. The District is not responsible for any service interruptions, changes, or consequences.
Details of the user agreement shall be discussed with each potential user of the electronic information services. When the signed agreement is returned to the school, the user may be permitted use of EIS resources through school equipment.
EXHIBIT
USE OF TECHNOLOGY RESOURCES
IN INSTRUCTION
ELECTRONIC INFORMATION SERVICES
USER AGREEMENT
Details of the user agreement shall be discussed with each potential user of the electronic information services (EIS). When the signed agreement is returned to the school, the user may be permitted use of EIS resources.
A parent may prohibit his or her child from the use of technology and the Internet by not signing the Electronic Information Services User Agreement. The child will be prohibited from the use of any District- or school-provided electronic information services.
Terms and Conditions
Acceptable use.
EachEach user must:
A. Use the EIS to support personal educational objectives consistent with the educational goals and objectives of the School District.
B. Agree not to submit, publish, display, or retrieve any defamatory, inaccurate, abusive, obscene, profane, sexually oriented, threatening, racially offensive, or illegal material.
C. Abide by all copyright and trademark laws and regulations.
D. Not reveal home addresses, personal phone numbers or personally identifiable data unless authorized to do so by designated school authorities.
E. Understand that electronic mail or direct electronic communication is not private and may be read and monitored by school employed persons.
F. Not use the network in any way that would disrupt the use of the network by others.
G. Not use the EIS for commercial purposes.
H. Follow the District's code of conduct.
I. Not attempt to harm, modify, add/or destroy software or hardware nor interfere with system security.
J. Understand that inappropriate use may result in cancellation of permission to use the educational information services (EIS) and appropriate disciplinary action up to and including expulsion for students.
In addition, acceptable use for District employees is extended to include requirements to:
A. Maintain supervision of students using the EIS.
B. Agree to directly log on and supervise the account activity when allowing others to use District accounts.
C. Take responsibility for assigned personal and District accounts, including password protection.
D. Take all responsible precautions, including password maintenance and file and directory protection measures, to prevent the use of personal and District accounts and files by unauthorized persons.
Personal responsibility.
II will report any misuse of the EIS to the administration or system administrator, as is appropriate.
I understand that many services and products are available for a fee and acknowledge my personal responsibility for any expenses incurred without District authorization.
Network etiquette.
I amI am expected to abide by the generally acceptable rules of network etiquette. Therefore, I will:
A. Be polite and use appropriate language.
II will not send, or encourage others to send, abusive messages.
B. Respect privacy.
II will not reveal any home addresses or personal phone numbers or personally identifiable information.
C. Avoid disruptions.
II will not use the network in any way that would disrupt use of the systems by others.
D. Observe the following considerations:
1. Be brief.
2. Strive to use correct spelling and make messages easy to understand.
3. Use short and descriptive titles for articles.
4. Post only to known groups or persons.
Services
The School District specifically denies any responsibility for the accuracy of information. While the District will make an effort to ensure access to proper materials, the user has the ultimate responsibility for how the electronic information services (EIS) is used and bears the risk of reliance on the information obtained.
I have read and agree to abide by the School District policy and regulations on appropriate use of the electronic information system, as incorporated herein by reference.
I understand and will abide by the provisions and conditions indicated. I understand that any violations of the above terms and conditions may result in disciplinary action and the revocation of my use of information services.
Name _________________________________________________________
Signature ________________________________ Date ________________
(Student or employee)
School __________________________________ Grade (if a student) ____
Note that this agreement applies to both students and employees.
The user agreement of a student who is a minor must also have the signature of a parent or guardian who has read and will uphold this agreement.
Parent or Guardian Cosigner
As the parent or guardian of the above named student, I have read this agreement and understand it. I understand that it is impossible for the School District to restrict access to all controversial materials, and I will not hold the District responsible for materials acquired by use of the electronic information services (EIS). I also agree to report any misuse of the EIS to a School District administrator. (Misuse may come in many forms but can be viewed as any messages sent or received that indicate or suggest pornography, unethical or illegal solicitation, racism, sexism, inappropriate language, or other issues described in the agreement.)
I accept full responsibility for supervision if, and when, my child's use of the EIS is not in a school setting. I hereby give my permission to have my child use the electronic information services.
Parent or Guardian Name (print) ____________________________________
Signature ____________________________________ Date ____________
EXHIBIT
BILINGUAL INSTRUCTION / NATIVE
LANGUAGE INSTRUCTION
LIMITED ENGLISH PROFICIENT STUDENTS
REQUIRED NOTICE
Those eligible entities using funds provided under Chapter 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS - Subchapter III - Language Instruction for Limited English Proficient and Immigrant Students shall provide the following notice.
● As required by 20 U.S.C 7012(a): The school or district must inform a parent of a limited English proficient child identified for participation, or participating in, such a program of the reasons for their child being identified, their child's level of English proficiency, instructional method, how their child's program will meet their child's needs, how the program will help the child to learn English, exit requirements or expected rate of transition, and information regarding parental rights.
● As required by 20 U.S.C 7012(b): Each school or district using funds provided under this part to provide a language instruction educational program that has failed to make progress on the annual measurable achievement objectives described in section 3122 for any fiscal year for which part A is in effect, shall separately inform the parents of a child identified for participation in such a program, or participating in such program, of such failure not later than thirty (30) days after such failure occurs.
● As required by 20 U.S.C 7012(e): Each school or district shall implement an effective means of outreach to parents of limited English proficient students to inform the parents regarding how they can be involved in their children's education, and be active participants in assisting their children to attain English proficiency, achieve at high levels in core academic subjects, and meet challenging state academic achievement standards and state academic content standards expected of all students. In addition, the outreach shall include holding, and sending notice of opportunities for, regular meetings for formulating and responding to parent recommendations.
(W3C/WAI's Web Content Accessibility Guidelines)
The District is committed to ensuring accessibility of its website for students, parents, and members of the community with disabilities. All pages on the District's website will conform to the W3C/WAI's Web Content Accessibility Guidelines (WCAG) 2.0, Level AA conformance, or updated equivalents of these guidelines.
https://www.section508.gov/content/learn/laws-and-policies
The Superintendent will establish procedures whereby students, parents, and members of the public may present a complaint regarding a violation of the Americans with Disabilities Act (ADA), Section 504 and Title II related to the accessibility of any official District web presence which is developed by, maintained by, or offered through the District or third party vendors and open sources.
A Website Accessibility Concerns/Complaints form related to the accessibility of websites developed or maintained by the District is available at each school and at the District office. The form includes identification information, date, description of the problem, location of the inaccessible site, and the solution suggested.
The concern or complaint may be made verbally, by e-mail, in writing or by completing the form provided by the District. All such communications will be forwarded to a staff member or consultant designated by the Superintendent.
Each concern or complaint will be processed and the person initiating the communication will receive a timely response, including the provision of access to the website information requested.
Adopted: date of Manual adoption
LEGAL REF.:
29 U.S.C. 794, Rehabilitation Act of 1973, (Section 504) (Section 508 as amended)
42 U.S.C. 2000, Civil Rights Act of 1964, Titles VI and VII
42 U.S.C. 12101 et 12101 et seq., Americans with Disabilities Act
CROSS REF.:
AC - Nondiscrimination/Equal Opportunity
GBA - Equal Employment Opportunity
JB - Equal Educational Opportunities
KED - Public Concerns/Complaints about Facilities or Services
Field trips must be planned within the context of the school program and must be appropriate for the age level, grade level, and curriculum. Due to limitations imposed by local conditions, field trips may be limited by the Superintendent. All field trips must be specifically approved by the Superintendent long enough in advance so that arrangements can be made prior to the trip. Before any student participates in is taken from the school grounds on a field trip, written notification will be provided to permission must be obtained from the parents or legal guardians. Transportation shall be provided only by District -approved conveyancesvehicles, operated driven by authorized personnel.
In general, field trips shall be conducted within the normal school day and shall be limited to a distance of not more than ____ miles one way from the school. Longer trips or overnight trips must have Governing Board approval. The District will not sponsor, approve, support, or encourage field trips that do not meet the criteria outlined in this policy, unless the Board gives approval after a presentation justifying the specific need for the exception.
Adopted: date of
manualManual adoption
The District recognizes that one of the greatest resources of the school is to be found in the people of the community who have special knowledge and particular talents to contribute to the school program. Therefore, the use of community resources and citizens to serve in furthering the educational program is encouraged. Staff members should study the needs of their respective schools, survey the resources available in the school community, weigh their probable usefulness, and then present to the Superintendent for approval any staff-developed plans for using those community resources. The Superintendent will consider all such plans, on both their merit and their implications, as if they were to be carried out throughout the District. Use of outside personnel and resources would be under procedures authorized by the Superintendent.
Adopted: date of
manualManual adoption
Volunteers can make many valuable contributions to the students and educational programs of the District. A volunteer program is approved subject to suitable rules, safeguards, and regulations as developed by the Superintendent.
The Superintendent shall promote appropriate annual recognition of volunteer services.
Volunteer services in the District may include, but are not limited to, the following:
● Supporting and enhancing the instructional program and delivery process.
● Enriching the curriculum and broadening student learning opportunities by adding a voice of experience or background knowledge.
● Providing students with extra personal attention.
● Assisting students of varying abilities.
● Providing teachers with more time to work with students.
Volunteers shall work under the supervision* of staff members, and only with staff members who have requested assistance from volunteers.
* Consistent with A.R.S. 15-512, supervision is defined as "under the direction of and,
except for brief periods of time during a school day or a school activity, within sight
of a certificated employee when providing direct services to the pupils."
Confidentiality. According to the Family Education Rights and Privacy Act (FERPA), only the teacher and/or authorized District officers and employees may have access to student records. Volunteers are to discuss confidential matters only with the teacher or administrator of the school.
The District shall establish procedures for the appropriate use of volunteers in the schools and in the classroom.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
13-3716
15-512
23-901.06
CROSS REF.:
GCFC - Professional Staff Certification and Credentialing Requirements
(fingerprinting requirements)
GDFA - Support Staff Qualifications and Requirements
(fingerprinting requirements)
The minimum kindergarten program in the District is one-half (1/2) day. At the school site's discretion, a full-day kindergarten program may be offered, with the following requirements:
● There can be no additional cost to the District for providing the full-day kindergarten.
● Scholarship opportunities must be made available for students who are in need.
● The full-day kindergarten student population should closely reflect the diversity of the entire school community.
Adopted: date of manual adoption
A District-developed grading system will be utilized.
Teachers will keep a careful record of the grades assigned to students.
Grades earned by students are subject to the following standards:
● Achievement, as determined by performance on projects, assignments, and tests, should be measured against the established goals and objectives of the course.
● The requirements of the course, consistent with established goals and objectives, shall be explained and presented to students at the beginning of each course of study. Students should have a clear understanding of performance requirements necessary to achieve the grade desired.
● Testing and evaluation should reflect the student's achievement of the stated goals and objectives of the course. Given normal teaching techniques and skills, and using testing and methods of evaluation related to stated goals and objectives, grade distributions should follow a predictable pattern for the student or class. The teacher should be able to present a factual, objective explanation for significant deviations from the norm.
● Testing and evaluation should be accomplished in a manner that stimulates and promotes student achievement; conversely, they should not be administered in a punitive or threatening manner.
● The grade a student earns in class should reflect individual achievement. Behavior traits and "citizenship" should be evaluated separately.
● Teachers should continually evaluate the expected goals and objectives they are attempting to teach by comparing the results of student performance against their predetermined or anticipated student performances. Modifications in teacher expectations and student evaluations should be made accordingly.
● Teachers, on a regular basis, should solicit evaluative input from students regarding the appropriateness of the goals and objectives for a course of study. Student self-evaluation is a valuable source of information to the teacher who is concerned with developing an effective evaluation process.
● Each teacher shall maintain a complete and up-to-date grade book reflecting the achievement of each student assigned to him. Teachers shall maintain such records and materials as needed to justify grades awarded. The teacher's grade book is an official school record of the District and shall be maintained by each teacher in a manner prescribed by the building principal.
Grades and Grade Points
for Grades 9-12
For grades nine (9) through twelve (12), letter grades shall be awarded in each registered course. Grade points will be assigned to each letter grade using a 4.0 grade point index.
Weighted Grading
Philosophy of weighted grading: The purpose of any educational grading system is to evaluate student progress toward meeting established goals.
Currently high schools in Arizona and across the country express these student evaluations in terms of a class ranking determined by student grade point averages (GPA). Universities, colleges, and prospective employers use class rankings and GPAs as a means of selecting capable students for participation in their programs.
By using a weighted grading system to determine GPA and ultimately class rankings, high schools are evaluating students not only in terms of their academic performance within the course, but also in terms of the difficulty of the courses taken. The weighting of grades encourages capable students to take the more rigorous courses and prevents discrimination against those students through grading practices as they attempt to better prepare themselves for university/college work.
In order to qualify for District-weighted grading status, as outlined in IKA/IKA-R, a course must be Board approved as advanced level or advanced placement (A.P.). The course may be taken in the Flagstaff Unified School District or through one of the units of the Arizona university or community college systems as provided for under the District concurrent enrollment policy (Policy IKF).
Students transferring into the District shall be given credit for A.P. weighted grades showing on their transcripts. The weighting of transfer students' A.P. grades shall be consistent with the provisions of this policy.
Weighted grading system: Curriculum courses in grades nine (9) through twelve (12) shall be divided into two (2) levels as follows:
● Level ICourses corresponding to the standard level of difficulty, including courses listed as general elective courses, courses described as remedial in nature, and those designed for the learning disabled and/or emotionally handicapped.
● Level IICourses specifically designed to prepare students for college and professional/technical fields. It includes courses that go beyond those normally required for graduation. The purpose of this level is to meet the needs of the intellectually superior student by providing more stringent academic content.
Grade weighting for the two (2) levels of courses shall be as follows:
● Level IThe standard level of coursesincluding electives, remedial, and special educationshall receive full weight (example: using the present 4.0 point index; A = 4 points, B = 3 points, C = 2 points, D = 1 point, and F = 0 points).
● Level IIAll courses selected for this level shall receive full weight plus a bonus weight for grades C and above (example: using the present 4.0 index; A = 5 points, B = 4 points; C = 2.5 points, D = 1 point, and F = 0 points.
Report card grades shall reflect the letter grade earned within the class. Weighted grades shall be used only to compute students' grade point averages (GPAs) upon which the class rankings are built and shall be reported on the report card and on the official transcript as grade points.
Review committee: A committee made up of representative faculty and administration members shall be established for the purpose of evaluating District high school courses to be placed in the Level II category. The review committee shall be charged with the responsibility of reviewing curriculum guides and classroom procedures to determine if courses recommended for Level II category. The review committee shall be charged with the responsibility of reviewing curriculum guides and classroom procedures to determine if courses recommended for Level II placement do meet the criteria approved by the Board. Recommendations will be taken to the Governing Board for approval.
Written reports to the parents concerning student achievement will be made every nine (9) weeks by the teacher, and additional written reports will be made when necessary.
Teachers will confer with parents when necessary concerning academic progress and discipline of students.
Teachers will report to parents on students' conduct, scholarship, attendance, or excessive tardiness.
Special Education
Grades reporting achievement of special education students not taking regular education classes shall be given on a basis commensurate with the students' abilities and based on their individual progress rather than in competition with classmates. The permanent record cards for such students shall indicate enrollment in special education for those classes.
Parents of special education students shall be counseled regarding the significance of the grading system in order to avoid misinterpretation of the achievement grade.
Adopted: date of
manualManual adoption
REGULATION
GRADING / ASSESSMENT SYSTEMS
Weighted Grading
Weighted grading status is given to the following advanced placement courses offered in the Flagstaff high schools:
185 - A.P. Pascal
261 - A.P. English
272 - A.P. Calculus
452 - A.P. U.S. History
321 - A.P. Science
125 - A.P. Music/Music Theory
Weighted grading status is also given to any course a student may take through approved concurrent enrollment in art, history, biology, chemistry, physics, geology, math, music, foreign language, English, and computer science, as long as the content of such courses has been determined to be at a level equivalent to or higher than A.P. courses that are offered in FUSD high schools. Courses taken at a community college or a university must have prior approval from the school administration for such courses to be considered for weighted grading status.
Students and parents may bring extenuating circumstances to the attention of school officials when they feel the need exists. Special requests for weighted grading consideration will be referred to a "weighted grading review committee" as is provided for in District policy. Recommendations by the review committee will be brought to the Governing Board for consideration and approval.
The following listed university courses taken under the concurrent enrollment policy may be considered for weighted grading:
_________________________________________________________________
A.P. Courses N.A.U. A.S.U. U.A.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Art ART 240 - 241 or ART 101, 102, or ART 117, 118, 119, or
higher* higher higher
U.S. History HIS 291 - 292 or HIS 103, 104, or HIST 130a - 130b or
higher higher higher
_________________________________________________________________
A.P. Courses N.A.U. A.S.U. U.A.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Biology BIO 184, 190 or BIO 181, 182 or
higher higher
Chemistry CHM 151 - 152 or CHM 113, 115 or CHEM 103a - 103b,
higher higher 104a - 104b or higher
Computer CSC 100, 101 or CSC 115 or higher
Science higher
Calculus MAT 136, 137 or MAT 271 MATH 125a - 125b or
higher higher
Music MUS 293 MUS 130a - 130b or
higher
Physics PHY 111 - 112 or PHY 111 - 112 or Phys 102a - 102b or
higher higher higher
English Higher than 102 Higher than ENG Higher than Eng 108
102
French, Ger- 201 - 202 or higher 201 - 202 or higher 201a - 202b or higher
man, Spanish
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
*"Higher" means a course for which that listed is a prerequisite effective SY 89 - 90Subject Grade
The subject grade should be based upon pupil mastery of the content of the course. The teacher will establish a reasonable standard for average achievement in each of the subjects. If at any time the teacher is in doubt that this standard is either too high or too low, the teacher should discuss the matter with the principal.
The teacher will establish a uniform system of grading. This system is based upon attainment of what the teacher requires. Content of the course shall be set up to be measured by numerical percentages which are then transferred to letter equivalents. The following scale will serve as a guide for the distribution of grades but reasonable alternative letter grades may be approved at the District level:
90% - 100% = A
80% - 89% = B
70% - 79% = C
60% - 69% = D
Below 60% = F
The following should be observed in implementing a grading system:
A. The grading system should be consistent within the class for the entire year.
B. The student should understand the system thoroughly, such as, the content on which the grade for the course depends, the weight attached to various phases of the material, the manner in which the letter grade is devised, and the meaning of the final letter grade which is sent home as a report to the parent.
C. If a teacher from year to year consistently promotes classes with predominantly high or low scores for the majority of the pupils in each class, then such practice causes parental and pupil difficulties for the succeeding teacher. If a teacher consistently finds the grades high or low for a large percent of the class, then the teacher should evaluate their established standards of average achievement on grading.
D. Work habits and conduct are two (2) areas that will be marked individually. Grades on basic subjects must not be awarded or upheld based upon disciplinary problems, work habits, or conduct.
Report Cards and Records
An average of two (2) grades per week should be kept in numerical values in the teacher's grade book for each subject. Average numerical values for the nine (9) weeks will also be recorded in the grade book.
Grade reports to the parents are made on a nine (9) week basis. Report cards include an explanation of the system of marks used. Before cards are distributed each nine (9) week period, the teacher should explain the marking system to the students.
Cards are sent home according to a schedule which is developed at the beginning of the school year.
Final examinations may be used as evaluation of student achievement when they are conducted in such a way that they effectively evaluate the achievement of the goals and objectives on which learning activities have been based.
Adopted: date of
manualManual adoption
While the high school course of study offered by District schools is adequate to meet the needs of most students, approval may be granted to certain students for concurrent enrollment in accredited community college or university classes, extension courses, and/or correspondence courses for credit while maintaining regular enrollment in a District high school.
Concurrent enrollment, correspondence, or extension credit shall be earned through satisfactory completion of courses offered by a college, university, or other education agency accredited by the North Central Association or other regional accrediting association. Such courses taken at a community college or university must be determined to be of a higher level of difficulty than that of a regular high school course or, if the course is one not offered at the high school, the level of the course must be equal to or higher than the level of a high school course [A.R.S. 15-701(1)(D)].
Students properly enrolled in a community college or university course under the conditions set forth in this policy shall be awarded one-half (1/2) Carnegie unit for each three (3) semester hours of credit earned through concurrent enrollment [A.R.S. 15-701(1)(D)].
Students seeking admission to programs of concurrent enrollment, extension, and/or correspondence study must comply with the following procedures and conditions:
● Upon recommendation by the appropriate counselor, students shall secure written approval from the high school principal prior to enrollment in the course(s). The course(s) must be considered appropriate to fulfill the requirement for which it was intended [A.R.S. 15-701(1)(D)]. Admission requirements by the community college or the university must be met.
● The number of courses carried in regular high school classes plus the amount taken by concurrent enrollment, extension, and/or correspondence shall not normally exceed the regular load carried by full-time high school students.
● College or university credits submitted to District high schools for one-half (1/2) Carnegie units of credit for graduation purposes must meet the high school graduation requirements as set forth in District policy.
● Students must bear the cost of concurrent enrollment, extension, or correspondence course study.
Coenrollment
Students may use credits from community colleges and universities to meet graduation requirements in the District under the following circumstances, as limited by A.R.S. 15-701(01)(F):
● If the class is in a discipline currently offered in the home high school, it must be at a higher level than the home school class.
● If the class is not offered at the home school, the level of the course must be equal to or higher than a high school course.
For the purposes of coenrollment, and with the home school principal's approval, students enrolled in New Start or TAPP may refer to these programs as their home schools.
This policy also applies to evening and summer course work.
Students shall be awarded one-half (1/2) Carnegie unit for each three (3) semester hours of college credit.
These limitations are in effect pending revision of state graduation requirements and laws requiring districts to report student performance on graduation standards.
Adopted: date of manual adoption
LEGAL REF.:
A.R.S.
15-701
15-701.01
REGULATION
TESTS AND EXAMINATIONS
Principals will develop testing schedules for their schools. Such schedules will then be reported to the Superintendent.
The Board authorizes the Superintendent to establish and operate a community school program to be offered after regular school hours. The community school program shall be open to all residents of the District.
Definitions
Community school means any school engaged in a community school program [A.R.S. 15-1141].
Community school program means the involvement of people in the development of an educationally oriented community. The community school serves the purposes of academic and skill development for all citizens, furnishes supervised recreational and avocational instruction, supplies remedial and supplemental education, furnishes meeting places for community groups, and provides facilities for the dissemination of a variety of community-related services.
Community school monies means monies received as fees, tuitions, grants, or donations from any person or agency for a community school program.
Community School Program
Fund - Investment of Monies
Monies deposited in a community school fund of a school district may be used for community school programs only and are not subject to reversion, except upon termination of a community school program. Upon termination of a community school program, any remaining funds shall revert to the operating budget of the school district [A.R.S. 15-1143].
Adopted: date of manual adoption
School Report Cards
Each school must distribute copies of an annual report card, on the standard form provided by the State Department of Education, containing the descriptions and information required by statute.
The annual report cards will be distributed to parents of pupils enrolled in the school no later than the last day of school of each fiscal year, and a summary of the contents shall be presented at an annual public meeting held at the school. Notice shall be given at least two (2) weeks prior to the public meeting, clearly stating the purposes, time, and place.
Student Progress Reports
Progress reports of student achievement shall be made periodically during the school year. The distribution of report cards or computerized forms is based on the District official school calendar. The building principal shall provide each staff member with a schedule of distribution or reporting dates. Each teacher is responsible for maintaining complete, accurate, and up-to-date records upon which student achievement grades are determined.
It is essential that students' progress in school be fully communicated to their parents.
Each school will report students' progress to the students and to their parents or guardians as appropriate. The reports will be clear, concise, and accurate, and will provide a basis of understanding among teachers, parents, and students for the benefit of the individual students. The Superintendent will develop progress report forms or cards in accordance with this policy.
The following specific requirements are established:
● Parents A. Parents will be informed regularly, and at least four (4) times a year, as to the progress their children are making are making in school.
● Parents B. Parents will be alerted and conferred with as soon as possible when a student's performance or attitude becomes attitude becomes unsatisfactory or shows marked or sudden deterioration.
● Insofar C. Insofar as possible, distinctions will be made between a student's attitude and academic performance.
● At D. At comparable levels, the school will strive for consistency in grading and reporting except as this is inappropriate is inappropriate for certain classes or certain students.
● When E. When grades are given, school staff members will take particular care to explain to parents the meaning of marks of marks and symbols as they apply to student achievement.
● When F. When no grades are given but evaluation is made informally in terms of the student's own progress, such evaluation such evaluation will be a realistic appraisal of the skills developed by the student.
● Reports G. Reports of progress for students qualified for services under the Individuals with Disabilities Education Act Act (I.D.E.A.) shall be based on their progress in the general curriculum and shall address whether the progress is progress is sufficient to enable the student to achieve the goals stated in the student's individualized education program program (IEP) by the end of the school year.
Grades assigned by a teacher to any student shall not be subject to alteration unless fraud, bad faith, incompetency, error, or the use of unreasonable procedures can be shown on the part of the teacher. Any grade so altered shall not be affixed on official documents until a conference is held between the administrator, teacher, student, and/or parents. In the event such a change must be made during vacation periods and the teacher involved is not available for a conference, the teacher shall be notified of any such alteration as soon as possible.
Adopted: date of
manualManual adoption
The Board believes that the educational obligations of the District go far beyond the dispersing of information in classroom instruction. Staff members are expected to take the initiative in contacting parents for conferences and to set aside time to assist students individually.
Each staff member is encouraged to make a minimum of one telephone or written contact per semester with the parents or guardian of each student in their class(es). Such contacts should stress positive characteristics of the student to the greatest extent possible. Such contact shall be in addition to regular report cards and progress reports.
At least one (1) parent-teacher conference will be scheduled for each student in kindergarten through grade six each school year. This does not preclude a parent or teacher request for a conference at any time. Each elementary principal may schedule times and days for these parent-teacher conferences in that building as deemed appropriate.
All staff members at every grade level are encouraged to initiate and schedule conferences with parents whenever they deem such conferences will benefit a student.
Teachers shall keep parents informed when students are in danger of failing.
Adopted: date of manual Parent/teacher conferences may be conducted. The Superintendent will establish procedures for such conferences. In addition to scheduled opportunities, parents shall have opportunities to arrange conferences with teachers at other times during the year.
Adopted: date of Manual adoption
LEGAL REF.:
A.R.S.
15-901
CROSS REF.:
IKAB - Report Cards/Progress Reports
District Philosophy on
Homework
Homework is valuable and necessary as adaptation, application, and extension of classroom experiences. Homework should not be assigned to students as either busy work or punishment. Homework teaches the skills of independent study and learning outside the school. Appropriate and reasonable homework such as enrichment, reinforcement, and completion of work will be assigned. Assignments will be given clearly and concisely. It is recognized that some classes will require more practice in developing skills and comprehension and will necessitate more study at home. The type, frequency, and quantity will be determined by the needs of the individual student and teacher judgment, using the guidelines below. Homework is a shared responsibility among students, parents, and teachers.
The primary focus during school years is the student's academic program. Parents are encouraged to evaluate with students after-school commitments at home, employment, and extracurricular activities in relation to the classes for which they register and homework appropriate for those classes.
Guidelines for Primary
Grades (K - 3)
The effectiveness of homework at the primary level is dependent upon positive understanding and communication among the school, the student, and the home. The recommendation is that an average of one (1) or two (2) hours of homework per week should be assigned at this level. Types of homework for skill practice and enrichment may include:
● Completion of work assigned in class.
● Reading together.
● Free reading.
● Drill for reinforcement as needed.
● Talking together about school and home experiences.
Guidelines for Upper Elementary
Grades (4 - 6)
The amount, length, and type of homework may vary according to individual needs and class requirements. It is recommended that an average of one (1) to four (4) hours per week be assigned. Types of homework for skill practice and enrichment may include:
● Completion of work assigned in class.
● Makeup of work missed for absence.
● Drill for reinforcement as needed.
● Study for coming assignments/tests.
● Free reading.
● Independence research.
Guidelines for Middle School and
High School Grades (7 - 12)
Homework at the middle school and high school levels shall be considered a necessary part of the learning process and a legitimate demand on the nonclass time of students.
At the secondary level, completion of required class work, application of skills acquired in class, preparatory reading, research, and development of long-term projects all are to be considered appropriate and necessary homework assignments.
Students carrying a full load of six (6) classes should anticipate at least two (2) hours of homework per night, with some variation to be expected, depending on the program of the individual student. Students involved in advanced academic courses can expect, by the nature of their programs, to spend more than this amount of time.
Adopted: date of manual The development of study skills and self-discipline are integral and indispensable elements of a quality educational process.
Homework should be assigned consistent with the maturity, special needs, potential, and achievement level of the individual student. It should not carry the stigma of punishment. Its assignment should be specifically addressed to the objectives of the instructional program, and, in addition, students should develop responsibility for actively pursuing knowledge without immediate supervision outside as well as within the classroom.
Students, regardless of their intellectual capacity, should understand that mastery of skills is not always possible within the time constraints of the classroom. Each student should leave the District with a firm foundation for pursuing knowledge and developing skills on an independent basis.
The Superintendent is responsible for procedures that will achieve objectives through homework, including, but not limited to, the following:
A. Intervention that changes deficient performance to performance that meets acceptable standards.
B. Reinforcement and mastery of critical skills and concepts. Special emphasis will be placed on the mastery of basic skills.
C. Challenge through exploration of concepts and skills that complement and elaborate those introduced in the classroom.
D. Feedback from the teacher through correction and clarification of all outside assignments.
Adopted: date of Manual adoption
Loss of Instructional Time
The District recognizes the worth to the instructional program of academic field trips, extracurricular offerings, in-school group meetings on important topics, and other such extension and enrichment activities; however, it also recognizes the need to maintain an appropriate balance of such activities in order to prevent excessive interruptions to the students' instructional time in the regular classroom. The following guidelines and time lines will be utilized by the District and the building principals in providing this balance.
In all activities described in this policy, students are responsible to make up work missed in other classes due to loss of class time. When possible, students are encouraged to obtain assignments ahead of time in order to make up work prior to the event.
Field trips: All field trips, including club trips, must be approved by the school administration and, where stipulated, by the Governing Board. They must be directly related to the curriculum. Every effort will be made to schedule field trips with a minimum loss of school time.
Field trips extending beyond the actual class period(s) up to one (1) school day in length must be planned by the teacher(s) and submitted in writing to the school administration for approval one (1) month in advance.
Field trips involving overnight excursions must be submitted in writing to the school administration for approval at least two (2) months in advance.
"Yearly" field trips involving out-of-state travel must be submitted in writing to the school administration and Governing Board ninety (90) days prior to the event and must be approved by both the school administration and Governing Board. "Yearly" field trips are defined as events that reoccur from one (1) school year to the next and must be submitted for Governing Board approval at least ninety (90) days prior to the event.
"Opportunity" field trips are defined as events that become known inside of the ninety (90) day timeframe. "Opportunity" field trips involving out-of-state travel must be submitted in writing to the school administration as soon as the event becomes known. "Opportunity" field trips must be presented to the Governing Board for approval prior to the date for which the trip is planned if possible.
For all field trips, approval must be obtained prior to the setting of any arrangements and/or the beginning of any fund-raising activities for such trip(s).
Arizona Interscholastic Association (A.I.A.) activities: Activities, such as athletics, music, debate, drama, chess, etc., that are scheduled by A.I.A. are available for District student participation as determined by the administration and/or Governing Board. All participating students must meet District and A.I.A. eligibility standards.
District-sponsored program participation: Students may be approved to participate in District-sponsored programs, such as counseling, student council, special assemblies, academic/aptitude testing., etc., that are appropriate to their needs. Regular administrative review will be directed toward excessive loss of regular class time for individuals or groups of students.
Requests from community groups: Any community group wishing to request student participation during the school day must present its request in writing to the appropriate District assistant superintendent two (2) months in advance of the requested activity. The District assistant superintendent will discuss the proposal with the administrators of the school(s) involved. A representative of the community group may be present during this discussion; however, the decision will be made by the administrators at a time following that presentation. Care will be taken to minimize loss of instructional time.
Adopted: May 23, 2006
Rank in class is required by colleges and universities on transcripts submitted for entrance evaluation.
Class rank shall be determined as follows:
● ClassA. Class ranking will be determined each semester beginning with the first semester of the ninth (9th) grade.
● TotalB. Class rank will be based only on the grades earned in classes that meet or exceed graduation requirements.
C. Total grade points begin accumulating with the ninth (9th) grade. These are divided by total units attempted
to produceto produce the accumulative grade point average. Students are then ranked according to grade point average,
withwith 4.00 as high
unless the student has taken classes with weighted grades.
Adopted: date of
manualManual adoption
An honor roll system is an additional means for encouraging goal setting by students and for providing recognition of students who have achieved those goals.
Honor rolls will be used in grades seven (7) through twelve (12)_________________________. The Superintendent will establish the minimum achievement level for all honor rolls, and such determination may be subject to Board approval. Students will be informed of the honor roll system and instructed to ensure an understanding of the specific grades and methods used to compute the honor roll formula.
The District will promote public recognition of students who have attained honor roll status.
Adopted: date of
manualManual adoption
(Promotion or Retention of Elementary Students;
High School Course Pass or Fail)
Regular Education
The District is dedicated to the continuous development of each student.
Year to year promotion of a student in grades one (1) through eight (8) will be based upon standards for each basic subject area as identified in the course of study. The District may conduct a ceremony to honor pupils who have been promoted from the eighth (8th) grade.
The District standards that students must achieve shall include accomplishment of the standards in reading, written communication, mathematics, science, and social studies adopted by the State Board of Education.
The promotion of a student from grade three (3) shall be conditioned on the satisfaction of the applicable competency requirements prescribed by A.R.S. 15-701 and depicted in Administrative Regulation IKE-RB.
In addition to these standards, test scores, grades, teacher-principal recommendations, and other pertinent data will be used to determine promotion.
Retention of students is a process that is followed when the professional staff, in consultation with the parent, determines it to be in the best interests of the student. Though primary grades are suggested as the most appropriate time, retention may be considered at any grade level.
When circumstances indicate that retention is in the best interest of the student, the student will have individual consideration, and decisions will be made only after a careful study of facts relating to all phases of the student's growth and development. The student's academic achievement level and mental ability are important, but physical and social characteristics are also important factors. A decision should be based on sufficient data, collected over a period of time and motivated by a desire to place students in school programs where they will be the most successful.
The earning of credit for a high school course is based on the student's satisfactory completion of the course academic requirements as demonstrated by the student's course grade. Periodic grade reports shall inform the student and the student's parent(s)/guardian(s) of the student's progress in a course. The teacher should further inform and confer with the student's parent(s)/guardian(s) whenever the student's lack of satisfactory progress in the course indicates a trend toward the student receiving a failing course grade. No course credit is granted for a failing grade.
A student must achieve passing grades in the number of required and elective course credits prescribed by the Governing Board and the State Board of Education to be granted a high school diploma.
In addition to the above, such decisions, when applied to students enrolled in special education, shall be on a case-by-case basis, consistent with the individualized education program and in accordance with A.A.C. R7-2-301 and R7-2-401.
Special Education
Students who do not meet regular promotion requirements must meet the course of study and promotion requirements for special education under the guidance of A.A.C. R7-2-401. The programs for such students may include adaptations.
Any student unable to meet regular academic requirements for promotion must meet the requirements of an alternative curriculum derived from the regular curriculum, which will be developed by an individualized educational program (IEP) team on an individual basis. Students placed in special education will complete the course of study as prescribed in their individual promotion plans and implemented through their individual education programs. Course work will be presented at a level commensurate with the student's ability. The student's permanent file shall identify the courses completed through special education; however, the student will receive the standard certificate of promotion.
Adopted: May 12, 2016date of Manual adoption
LEGAL REF.:
A.R.S.
15-203
15-341
15-342
15-521
15-701
15-701.01
15-715
15-802
A.A.C.
R7-2-301
R7-2-309
R7-2-401
A.G.O.
I84 - 016
CROSS REF.:
IHA - Basic Instructional Program
IKEB - Acceleration
IKF - Graduation Requirements
REGULATION
PROMOTION AND RETENTION
OF STUDENTS
Procedure for Retention of
Elementary School Students
At the end of the first grading period, each teacher in a common school should send to the principal a list of the students who are experiencing difficulty in their classes. At the earliest parent conference this must be shared with the parents and recorded in the student's cumulative folder. The teacher and the parent will discuss ways to assist the student in attaining expected achievement levels.
At the end of the second and subsequent grading periods, students - including new students - who achieve below expected grade level standards will be reviewed by the principal and staff members to consider retention. Parent conferences will be held to inform parents of the concern and to involve them in this process.
No decision for retention shall be made without parent involvement and student counseling. Late entries should receive special consideration.
The final recommendation to retain should be made by the teacher. Consultation with the principal and other staff members, and involvement of parents in all steps of the retention process are vital.
Appeal of Teacher Decision to Promote,
Retain, Pass or Fail a Pupil
Pursuant to Arizona Revised Statutes, a parent or student of majority may appeal to the Board for reconsideration on any placement decision. The parent or student of majority has the burden of proof to overturn the decision of a teacher to promote, retain, pass or fail the pupil. It must be demonstrated to the Board that the student has or has not mastered the State Board adopted standards required for the placement recommended by the teacher. If the Governing Board overturns the decision of the teacher, a written finding of mastery or non-mastery of the State Board adopted standards must be adopted by the Governing Board.
REGULATION
PROMOTION AND RETENTION
OF STUDENTS
Competency Requirements
for Promotion of Students
from Third Grade
The District shall identify each student who is at risk of reading below grade level in kindergarten and grades one (1), two (2), and three (3). The District shall provide an annual specific written notification to parents or guardians of students in kindergarten programs and first (1st), second (2nd) and third (3rd) grades that a student who obtains a score on the reading portion of a state required assessment that demonstrates the student is reading far below the third (3rd) grade level or the equivalent as established by the Board will not be promoted from the third (3rd) grade.
If the student's school has determined that the student is substantially deficient in reading before the end of grade three (3), the District shall provide to the parent or guardian of that student a specific written notification of the reading deficiency that includes the following information:
A. A Description of the student’s specific individual needs.
B. A description of the current reading services provided to the student.
C. A A description of the available supplemental instructional services and supporting programs that are designed to remediate reading deficiencies. The District shall offer more than one (1) evidence-based intervention strategy and more than one (1) remedial strategy developed by the State Board of Education for pupils with reading deficiencies. The notification shall list the intervention and remedial strategies offered and shall instruct the parent or guardian to choose, in consultation with the student’s teacher, the most appropriate strategies that will be implemented for the student.
D. Parental/guardian strategies to assist the student to attain reading proficiency.
E. A description of the District policies on midyear promotion to a higher grade.
Competency requirements for the promotion of a student from the third (3rd) grade shall include the following:
A. The student shall not be promoted from the third (3rd) grade if the pupil obtains a score on the reading portion of a state required test that demonstrates the student's reading skills fall far below the third (3rd) grade level or the equivalent as established by the Board, unless the student is exempt from mandated retention or the pupil qualifies for an exemption as determined by the Governing Board.
B. The Governing Board may promote a student from the third (3rd) grade if the student obtains a score on the reading portion of a state required test that demonstrates the student's reading skills fall far below the third (3rd) grade level for any of the following:
1. A good cause exemption if the student is an English learner or a limited proficient student as defined in section 15-751 and has had fewer than two (2) years of English language instruction.
2. A pupil who is in the process of a special education referral or evaluation for placement in special education or a pupil who has been diagnosed as having a significant reading impairment, including dyslexia or a pupil who is a child with a disability as defined in section 15-761 if the pupil's individualized education program team and the pupil's parent or guardian agree that promotion is appropriate based on the pupil's individualized education program. "Dyslexia" as defined in section 15-701 means a brain-based learning difference that impairs a person's ability to read and spell, that is independent of intelligence and that typically causes a person to read at levels lower than expected.
3. A pupil who receives intervention and remedial services during the summer or subsequent school year pursuant to those indicated below under "Intervention and Remedial Strategies Developed by the State Board of Education" and demonstrates sufficient progress may be promoted from the third grade based on guidelines issued pursuant to the description of the school district or charter school policies on midyear promotion to a higher grade.
C. The student has demonstrated reading proficiency on an alternate assessment approved by the State Board of Education (SBE).
A pupil may not be retained if data regarding the pupil's performance on the state required test is not available before the start of the following academic year. A pupil who is not retained due to the unavailability of test data must receive intervention and remedial strategies as in the section immediately below if the third (3rd) grade assessment data subsequently demonstrates that the pupil's reading ability falls far below the third (3rd) grade level or the equivalent.
Intervention and Remedial Strategies Developed by
the State Board of Education (SBE) for Students
Who Are Not Promoted from the Third Grade
The Governing Board shall offer more than one (1) of the intervention and remedial strategies developed by the SBE. The parent or guardian of a student not promoted from the third (3rd) grade and the student's teacher(s) and principal may choose the most appropriate intervention and remedial strategies that will be provided to that student. The intervention and remedial strategies developed by the SBE shall include:
A. A requirement the student be assigned to a different teacher, who was designated in that teacher’s most recent performance evaluation in one (1) of the top two (2) performance classifications pursuant to section 15-203, for reading instruction.
B. Summer school reading instruction.
C. Intensive reading instruction in the next academic year that occurs before, during, or after the regular school day, or any combination of before, during and after the regular school day.
D. Online reading instruction.
The intervention and remedial strategies developed by the SBE shall also:
A. Provide for universal screening of pupils in preschool programs, kindergarten programs and grades one (1) through three (3) that is designed to identify students who have reading deficiencies in accordance with A.R.S. 15-704.
B. Develop interventions and remedial strategies for pupils in kindergarten programs and grades one (1) through three (3) who are identified as having reading deficiencies pursuant to section 15-704.
The Superintendent shall develop and implement standards that shall apply to requirements for student make up assignments during absence for pesticide application periods and for other appropriate reasons.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-152
15-803
CROSS REF.:
EBAA - Reporting of Hazards/Warning Systems
REGULATION
MAKE UP OPPORTUNITIES
When a student provides a written statement signed by a parent or guardian that the student will be or was absent because of the application of pesticides, each teacher will be notified and the following procedure will apply:
● EachA. Each teacher will provide the student's assignment(s) and any handouts or materials necessary
for accomplishmentfor accomplishment of such assignment(s)
.● It, allowing a minimum make up period of one (1) day for each day absent.
B. It will be the responsibility of any student who misses a laboratory assignment or test to arrange
with the teacherwith the teacher a mutually convenient time to perform the laboratory assignment or to take the test.
The following standards shall apply in the District for make up work other than for absence due to pesticide application. Adjustments may be made when it is in the best interest of the student(s).
A. It will be the student's responsibility to ask for make up work and to arrange for a time to make up tests when the student returns.
B. If the teacher is unable to supply the student with a make up assignment, the student will not be held responsible for that make up assignment.
C. The student has the responsibility to work with the teacher to develop a plan for making up homework and tests.
D. If work is not turned in by the time the assignment is due, and the student fails to provide an acceptable explanation of the extenuating circumstances that would merit an extension, the teacher may reduce the grade on the assignment or withhold credit on the assignment.
E. When a student has been absent for illness, ample time will be given for make up work once the student returns to school.
F. In situations where the student will be absent for more than three (3) days, due to illness (i.e., chicken pox, measles, et cetera), or when the parent notifies the office that the student will be absent more than one (1) week for other reasons (e.g., vacation), teachers may provide required assignments in advance or send assignments to the student.
Regular Education
A minimum number of units of credit are required for graduation by the Arizona State Board of Education. Listed below are the units that must be completed before a student may receive a high school diploma.
Graduation requirements may be met as follows:
A. By successful completion of subject area course requirements.
B. By mastery of the standards adopted by the State Board of Education and other competency requirements for the subject as determined by the Governing Board in accord with A.A.C. R7-2-302.02 and rules established by the Superintendent.
C. By earning credits through correspondence courses (limited to one [1] in each of the four [4] major subject areas) and/or by passing appropriate courses at the college or university level if the courses are determined to meet standards and criteria established by the Board and in accord with A.R.S. 15-701.01.
D. By the transfer of credits as described in Policy JFABC.
E. An out-of-state transfer student is not required to pass the competency test to graduate if the student has successfully passed a statewide assessment test on state adopted standards that are substantially equivalent to the State Board Adopted Academic Standards.
Graduation requirements as determined by the Arizona State Board of Education (R7-2-302.02) and the District Governing Board are as follows:
English 4.0 units
Math 4.0 units*
Science 3.0 units**
Social Studies 3.0 units***
American Government and Arizona Government 0.5 unit
American History - including Arizona History 1.0 unit
World History and Geography 1.0 unit
Economics 0.5 unit
Fine Arts or Career, Technical and
Vocational Education 1.0 unit
Electives 7.0 units
Total Total 22.0 units
* In lieu of one (1) credit of Algebra II or its equivalent course content a student may request a personal curriculum in mathematics following R7-2-302.03.
* Math courses shall consist of Algebra I, Geometry, Algebra II, (or its equivalent) and an additional course with significant math content as determined by the Governing Board (Governing Body).
Pursuant to the prescribed graduation requirements adopted by the State Board of Education, the Governing Board may approve a rigorous computer science course that would fulfill a mathematics course required for graduation from high school. The Governing Board may only approve a rigorous computer science course if the rigorous computer science course includes significant mathematics content and the Governing Board determines the high school where the rigorous computer science course is offered has sufficient capacity, infrastructure and qualified staff, including competent teachers of computer science.
** Three (3) credits of science in preparation for proficiency at the high school level on a state required test.
*** Beginning in the 2016-2017 school year, the competency requirements for social studies shall include a requirement that, in order to graduate from high school or obtain a high school equivalency diploma, a pupil must correctly answer at least sixty (60) of the one hundred (100) questions listed on a test that is identical to the civics portion of the naturalization test used by the United States Citizenship States Citizenship And Immigration Services. The District school shall document on the pupil's transcript that the pupil has passed a test that is identical to the civics portion of the naturalization test used by the United States Citizenship and Immigration Services.
The Governing Board may determine the method and manner in which to administer a test that is identical to the civics portion of the naturalization test used by the United States Citizenship and Immigration Services. A pupil who does not obtain a passing score on the test that is identical to the civics portion of the naturalization test may retake the test until the pupil obtains a passing score.
Special Education
Listed above, under "Regular Education," are the requirements that must be completed before a student may receive a high school diploma. Completion of graduation requirements for special education students who do not meet the required units of credit shall be determined on a case-by-case basis in accordance with the special education course of study and the individualized education program of the student. Graduation requirements established by the Governing Board may be met by a student as defined in A.R.S. 15-701.01 and A.A.C. R7-2-302.
Pupils who receive special education shall not be required to achieve passing scores on the test that is identical to the civics portion of the naturalization test under section 15-701.01 in order to graduate from high school unless the pupil is learning at a level appropriate for the pupil's grade level in a specific academic area and unless a passing score on the test that is identical to the civics portion of the naturalization test under section 15-701.01 is specifically required in a specific academic area by the pupil's individualized education program as mutually agreed on by the pupil's parents and the pupil's individualized education program team or the pupil, if the pupil is at least eighteen (18) years of age.
Competency requirements. Any Any student who is placed in special education classes, grades nine (9) through twelve (12), is eligible to receive a high school diploma without meeting state competency requirements.
State Seal of Biliteracy. The School District may voluntarily participate in the state seal of biliteracy program by notifying the Superintendent of Public Instruction of such intention. Schools will then identify the students who have met the requirements to be awarded the state seal of biliteracy, which shall be affixed to the diploma and noted on the transcript of each student who has met the requirements.
CPR Instruction and Training. School districts and charter schools shall provide public school pupils with one (1) or more training sessions in cardiopulmonary resuscitation, through the use of psychomotor skills in an age-appropriate manner, during high school.
(Note: CPR instruction and training is required to be provided no later than July 1, 2019.)
Adopted: October 25, 2016date of Manual adoption
LEGAL REF.:
A.R.S.
15-203
15-341
15-701.01
15-763
A.A.C.
R7-2-302.02
R7-2-302.03
CROSS REF.:
IGD - Curriculum Adoption
IGE - Curriculum Guides and Course Outlines
IHAMC - Instruction and Training in Cardiopulmonary Resuscitation
IIE - Student Schedules and Course Loads
IKA - Grading/Assessment Systems
JFABC - Admission of Transfer Students
REGULATION
GRADUATION REQUIREMENTS
(Determining Competency for Graduation Credit)
Determination and verification of student accomplishment of subject-area course requirements and/or competencies for graduation credit shall be the responsibility of a subject-area teacher and, at a minimum, shall be in accord with the following:
● The A. The student shall have successfully completed the subject-area course requirement incorporating the standards the standards and competencies adopted by the State Board of Education from the course of study as determined as determined by the Governing Board in accord with the District's designated grading system; or
● As B. As an alternative to completing the course requirements, a student may request, upon a showing of familiarity with familiarity with the subject matter of the course, an examination on the competencies of the course. The student may take may take an examination on a particular course one (1) time only in an academic year. The examination shall be prepared be prepared by a teacher of the subject matter who is designated by the Superintendent. To receive graduation creditgraduation credit, the student must demonstrate accomplishment of the standards and competencies adopted by the State the State Board of Education and the Governing Board, respectively. Demonstration of accomplishment of the skills the skills and competencies shall be determined in accord with accepted practices in evaluation of students. A copy A copy of the test results, verified by the appointed teacher, shall be filed with the student's records.
A student may graduate in three (3) or three and one-half (3 1/2) years by taking approved classes in summer school, concurrent enrollment, extension, or by correspondence.
The student must make the written request for early graduation to the building principal as early as possible, and the principal will consult with a review committee to consider the request.
The committee will consist of a building administrator, classroom teachers, a counselor, and the student's parent(s). The committee will consider the academic ability, maturity, and future goals of the student.
The committee's recommendation will be presented to the building principal for consideration and approval. The principal will notify the student and parents of the decision and will advise the assistant superintendent for instruction. The assistant superintendent for instruction will annually provide the Superintendent and Governing Board with a list of the students granted early graduation.
In the event the parent is not satisfied with the decision, the appeal can be made through the office of the Superintendent.
Fifth-year students will be permitted to enroll for the courses that they need for graduation purposes. They will be permitted to double up on courses where appropriate. This applies to fifth-year students who have maintained continuous enrollment in schoolThe Board will authorize early high school completion in order to meet career goals for selected students. Students desiring early graduation must submit a written request to the high school principal during the first half of the semester preceding the semester of desired completion. The principal may accept requests after this date in special circumstances. The request must contain the reasons for the request and the written approval of the student's parents or guardian. All graduation requirements must be met by the early completion date.
The Superintendent will establish procedures to evaluate each request and will ensure that the parents or guardian are informed of any restrictions or limitations to be placed on the student in the event the request is approved, including restrictions on cocurricular activities.
Diplomas normally will be awarded only at the completion of the spring semester. However, final transcripts will be provided as soon as the high school requirements have been met.
The District shall notify the Arizona Department of Education and the Commission for Postsecondary Education when a student graduates at least one (1) year before the student's scheduled graduation date.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-105
15-701.01
15-1821
Section 63, Arizona Laws 2009, HB2011
Graduation exercises will be held for students who have met state and local requirements for graduation from high school. Students may not participate in the commencement exercises unless they have successfully completed the requirements for graduation.
Participation in high school commencement exercises is encouraged but is not compulsory. However, since these exercises require planning and rehearsals, the following rules shall apply:
● StudentsA. Students who wish to participate must be present at the rehearsals. Failure to do so, except for
legitimate reasonslegitimate reasons for absence, may be cause for excluding students from participating in the exercises.
● StudentsB. Students may not participate in the commencement exercises unless they have successfully completed
the requirementsthe requirements for graduation.
● The graduates from District high schools shall be honored academically for placing in the top five percent (5%), top ten percent (10%), and top fifteen percent (15%) of the graduating class. No other distinction, such as valedictorian or salutatorian, will be made regarding honor graduates.
● OtherC. Awards to seniors will be printed on the commencement program and announced at the exercises only in cases where the recipients have been selected solely by the school.
D. Other awards to graduating seniors selected by persons or organizations outside the school may
be presentedbe presented at the final awards assembly if approved by the principal.
Adopted: date of
manualManual adoption
(Testing Programs)
The use of tests is one (1) indication of the success and quality of the educational program. In the case of an individual student, tests, in combination with other criteria, can provide an indication of student achievement.
The Board authorizes participation in:
● A. A testing program as outlined in A.R.S. 15-741 and 15-755.
● A B. A District testing program that will be subject to regular review and evaluation.
● Evaluation of all proposed testing instruments and periodic evaluation.
● InC. In-service education of teachers and other staff members in the use of tests and interpretation of test results.
Test results of individual students are confidential data; they shall be provided to parents as appropriateTest Participation
All Arizona students in grades two (2) through twelve (12) shall be administered, at least once each year, a standardized, nationally-normed written test of academic subject matter given in English except that students with disabilities will be included with appropriate accommodations and alternate assessments where necessary in accord with their respective Individual Education Program.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-741
15-743
15-744
15-745
15-755
CROSS REF.:
IKF - Graduation Requirements
ILB - Test/Assessment Administration (State Mandated Testing)
JR - Student Records
(State-Mandated Testing)
Security of Testing Materials
Employees designated by the Superintendent to administer the nationally standardized norm-referenced achievement test adopted by the Arizona State Board of Education shall:
● Keep A. Keep all test materials in locked storage.
● Not B. Not reproduce any test materials in any manner.
● Not C. Not disclose any actual test items to students prior to testing.
● Not D. Not provide answers of any test items to any students.
● Administer E. Administer only practice tests that are provided by the test publishers. Previous editions of the test series being series being used in the statewide testing program may not be used as practice tests.
● Strictly F. Strictly observe all timed subtests. The test publishers' suggested time limits for untimed subtests shall be followed be followed as closely as possible in order to maintain uniformity in test administration.
● Follow G. Follow directions for administering the test explicitly. No test item may be repeated unless otherwise indicated in indicated in the directions.
● Not H. Not change a student's answer.
● I. Return all test materials to the Superintendent immediately upon completion of testing.
Failure to comply with these requirements or others as required by Arizona Revised Statutes or by other rules or regulations shall be considered cause for discipline, including but not limited to suspension or termination. All violations of this policy shall be reported to the State Superintendent of Public Instruction.
Standards Adopted by Standards Adopted by the
State Board of State Board of Education
The District shall establish specific objectives to accomplish the goals established by the State Board of Education. The Superintendent will make recommendations for such objectives based upon the data gathered annually.
The Superintendent will establish regulations and procedures for assessing student achievement of standards adopted by the State Board of Education and for reporting and utilizing test results and nontest indicator data.
Reporting results. The District will provide to the parent or guardian of each student who participates the associated grade equivalents, percentiles, and stanines from standardized norm-referenced testing. The District shall provide the parent or guardian of each student the resulting scores on the test of standards adopted by the State Board of Education and associated scores for the District, the county, and the state.
The District will provide the public, through a report card, scores for each school in the District and for the District as a whole, the county, the state, and the nation.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-741
15-741.01
15-742
15-743
15-744
15-745
15-755
A.A.C.
R7-2-301
R7-2-302.04
R7-2-306
R7-2-310
CROSS REF.:
IL - Evaluation of Instructional Programs (Testing Programs)
ILC - Use and Dissemination of Test ResultsJR - Student Records
EXHIBIT
USE OF TECHNOLOGY RESOURCES
IN INSTRUCTION
EMPLOYEE USER AGREEMENT
(Safe and Responsible Use of Electronic Information Services)
Please read this document carefully.
When signed it becomes a binding agreement.
The Flagstaff Unified School District (FUSD) may provide Electronic Information Services (EIS) to all personnel who are employed by the District. Each employee user of the EIS will be required to sign the EIS User's Agreement. EIS includes all District computers, mobile devices and any other computer-accessible District source of information. To assure that the EIS is used in an appropriate manner and for the educational purposes intended, the District will require anyone who uses the EIS to follow its guidelines and procedures for appropriate use.
The District may log the use of all District systems and monitor all District system utilization. It should be known and understood that any and all information on the FUSD network, with the exception of student records, is not deemed private unless so designated by applicable state or federal law or other District policies. Accounts may be closed and inappropriate files may be deleted at any time. The District is not responsible for any service interruptions, changes, or consequences. The District reserves the right to establish rules and regulations as necessary for the efficient operation of the EIS. The District does not assume liability for information retrieved via EIS, nor does it assume any liability for any information lost, damaged, or unavailable due to technical or other difficulties.
All District computers including those with Internet access will comply with A.R.S. 34-502 (enacted, 1999), which requires public schools to limit access to materials that are harmful to minors.
District employees are required to comply with the Family Education and Privacy Rights Act of 1974, (FERPA) 20 U.S.C. 1232g which prohibits the disclosure of personally identifiable information from student records without express written permission from parents/guardians.
Employee users must:
● Use the EIS to support personal educational objectives consistent with the educational goals and objectives of FUSD.
● Agree not to submit, publish, display or knowingly seek any defamatory, inaccurate, abusive, obscene, profane, sexually oriented, threatening, racially offensive, or illegal material.
● Abide by all copyright and trademark laws and regulations.
● Not reveal the home address or personal phone numbers of others unless authorized to do so by designated school authorities.
● Understand that not all electronic mail or direct electronic communication is private and may be read and/or monitored by school-employed persons in compliance with applicable state or federal law.
● Not use the network in any way that would disrupt the use of the network by others.
● Not use the EIS for commercial purposes (including hardware, software and e-mail).
● Follow the District's code of conduct.
● Not attempt to damage, modify, or destroy software or hardware; or interfere with system security and District servers.
● Understand that many services and products are available for a fee and acknowledge the user's personal responsibility for any expenses incurred without District authorization. The District will have no responsibility financial or otherwise for any costs incurred by employees without advance District authorization.
● Understand that anyone who misuses, abuses, or chooses not to follow the EIS guidelines and procedures will be denied access to the District's EIS and may be subject to disciplinary and/or legal action.
In addition, acceptable use for District employees is extended to include requirements to:
● Maintain supervision of students using the EIS.
● Agree to directly log on and supervise the account activity when allowing others to use District accounts.
● Take responsibility for use and security of personal accounts, including passwords, file and directory protection.
● Take all responsible precautions, including password maintenance and file and directory protection measures, to prevent the use of personal and District accounts and files by unauthorized persons.
The user agreement shall be presented to each potential user of EIS, and each potential user shall sign the user agreement, acknowledging the user's agreement to be bound by its terms prior to access to EIS. Upon significant changes to the agreement, all personnel will be expected to sign the revised agreement. Failure to sign the revised policy may result in denial or revocation of EIS privileges. When the signed agreement is returned to the District, the employee will be permitted use of EIS resources.
==========================================================
Please sign and return this page to your front office.
Please keep the previous page for your records.
EMPLOYEE USER AGREEMENT
(Signature Page)
I have read, understand and agree to abide by this agreement and the Flagstaff Unified School District policy and regulations on appropriate use of the electronic information system. I understand that any violations of the above terms and conditions may result in disciplinary action, up to and including dismissal and the revocation of my use of information services.
Printed Name: _______________________________ Date: ___________
Signature: __________________________________ Site: ____________
The instructional programs of the District will be regularly evaluated, and periodic reports will be provided to the Board. The Board will rely on the Superintendent to provide regular evaluation of the educational program and instructional processes. The Superintendent may also arrange for evaluations to be conducted by outside agencies within the budgeted funds of the District.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-341
EXHIBIT
USE OF TECHNOLOGY RESOURCES
IN INSTRUCTION
STUDENT USER AGREEMENT
(Safe and Responsible Use of Electronic Information Services)
Please read this document carefully.
When signed it becomes a binding agreement.
The Flagstaff Unified School District (FUSD) may provide Electronic Information Services (EIS) to qualified students who attend District schools. Each student user of the EIS will be required to sign and return an EIS user's agreement to their school. EIS includes District computers, mobile devices and any other computer-accessible District source of information. To assure that the EIS is used in an appropriate manner and for the educational purposes intended, the District will require students who use the EIS to follow its policy, guidelines and procedures for appropriate use. Anyone who misuses, abuses, or chooses not to follow the EIS guidelines and procedures may be denied access to the District's EIS and may be subject to disciplinary action in accordance with established FUSD disciplinary policy up to and including expulsion for students.
Acceptable use of the EIS requires that the use of the resources be in accordance with the following guidelines and support the educational goals of the District.
Student users must:
● Use FUSD Electronic Information Services for educational purposes only.
● Agree not to submit, publish, display or knowingly retrieve any material that is not school-appropriate. Material that is generally available in print and other media in the library or classroom sets the standard for acceptability.
● Abide by all copyright and trademark laws and regulations.
● Not reveal their home address or personal phone numbers of themselves or others unless authorized to do so by designated school authorities.
● Understand that not all electronic mail or direct electronic communication is private and may be read and monitored by school-employed persons in compliance with applicable state and federal law.
● Not use the network in any way that would disrupt the use of the network by others.
● Not use the EIS for commercial gain (including hardware, software and e-mail).
● Not attempt to damage, modify, or destroy District hardware or software, or interfere with system security and District servers.
● Agree to not engage in cyberbullying. More resources on cyberbullying can be found at: http://www.commonsensemedia.org/advice-for-parents/cyberbullying.
● Not modify computer settings - for example: add or delete icons, change wallpaper, etc.
● Not compromise the web filter to access blocked pages.
● Immediately inform teacher/lab attendant if restricted information/pages are mistakenly accessed.
● Only use their own student account and not share their account with others.
● Understand that anyone who misuses, abuses, or chooses not to follow the EIS guidelines and procedures will be denied access to the District's EIS and may be subject to disciplinary up to and including expulsion for students.
The District may log the use of all systems and monitor all system utilization. It should be known and understood that any and all information on the FUSD network, with the exception of student records, is not deemed private unless so designated by applicable state or federal law or other District policies. Accounts may be closed and inappropriate files may be deleted. The District is not responsible for any service interruptions, changes, or consequences. The District reserves the right to establish rules and regulations as necessary for the efficient operation of the EIS. The District does not assume liability for information retrieved via EIS, nor does it assume any liability for any information lost, damaged, or unavailable due to technical or other difficulties. All District computers including those with Internet access will comply with A.R.S. 34-502 (enacted, 1999), which requires public schools to limit access to materials that are harmful to minors.
Any disciplinary action chosen shall be consistent with the severity of the violation. Frequency of EIS violations may also be taken into account. In response to intentional malicious acts, possible financial reparations may be imposed. Other actions taken shall be hierarchical in nature, in accordance with established FUSD disciplinary policy.
All potential users of FUSD's EIS must sign this agreement and return it to their school prior to accessing EIS. In signing the agreement, the student agrees to be bound by its terms. If the agreement is not signed or returned to the school, the student will not be permitted to use District EIS resources. If the terms of the agreement change, all students will be expected to sign the revised agreement. Failure to sign the revised agreement may result in denial or revocation or EIS privileges.
====================================================================
Students and Parents/Guardians - please sign and return this page
to your school. Please keep the previous page for your records.
ELECTRONIC INFORMATION SERVICES
(EIS) USER AGREEMENT
(Signature Page)
Student
I have read, understand and agree to abide by this agreement and the Flagstaff Unified School District policy and regulations on appropriate use of Electronic Information Systems. I understand that if I violate any of the terms and conditions it may result in disciplinary action, up to and including expulsion and that I may not be allowed to use the Electronic Information services.
_____________________________________________ ________________________
Student Printed Name Student ID No.
Student Signature: ________________________________________________________
Date: ____________________ School: ______________________________________
Parent or Guardian Cosigner
As the parent or guardian of this student, I have read this agreement and the School District's policies and regulations on use of technology resources, and I understand and agree with them. I understand it is impossible for the School District to restrict access to all controversial, obscene, pornographic, or other inappropriate materials. I hereby give my permission to have my child use electronic information services, subject at all times to the terms of this user agreement and the District's policies and regulations on use of technology resources. I understand that this signed form needs to be returned to the school in order for my child to use computer services.
Parent/Guardian Printed Name: ______________________________________________
Parent/Guardian Signature: _________________________________________________
Date: ___________________________
(Lesson Plans)
The Board considers written lesson plans a useful tool to ensure continuity of instruction.
The Superintendent shall establish procedures that set forth the requirements for lesson plans and for their preparation and review. Such procedures shall reflect current standards of the profession and shall have as their primary objective the best possible educational program for the students of the District.
To facilitate more effective instruction, lesson plans should be prepared sufficiently in advance of the class presentation to allow plan books to be inspected and compared to the guidelines established by the Superintendent.
Teachers shall make thorough preparation for all daily lessons and shall prepare their plans to reflect such preparation.
Adopted: date of
manualManual adoption
REGULATION
TEACHING METHODS
(Lesson Plans)
Guidelines for the implementation of this administrative regulation shall include:
● Lesson A. Lesson plans shall be developed according to District-wide formats and shall reflect the scope and sequence of sequence of the courses of instruction. Acceptable alternatives may be approved by the principal.● Lesson plans
B. Lesson plans shall demonstrate the correlation of the lesson with State Board standards when applicable.
C. Lesson plans should include information pertinent to the effective implementation of a lesson.
When commerciallyWhen commercially prepared plans are in use, lesson plans may simply refer to the appropriate aspects
of suchof such plans.
● WhileD. While teachers are required to be thoroughly prepared for each daily lesson, plans may be prepared
for eachfor each lesson or on a long-term basis (i.e., unit of work), whichever is most appropriate. Material to be
used inused in a lesson(s) - such as duplicated material, cassette tapes, films, filmstrips, transparencies - may serve
as an integralas an integral part of the plan.
● LessonE. Lesson plans for individualized programs should be consistent with the general overview and purpose
of the instructionalof the instructional program. The progress of individual student(s) must be a consideration in the plan.
● TeachersF. Teachers are to provide adequate directions for substitutes, the purpose of which shall be to continue,
if possibleif possible, the ongoing program or, if more appropriate, a meaningful educational alternative that
relates to therelates to the subject area.
● The G. The provision that copies of lesson plans must be available for substitute teachers.
Democratic tradition often involves dealing with controversial issues. Knowledge and understanding of such issues are an indispensable part of education.
The teacher holds a position of authority and respect in the classroom and community, and by virtue of that position has great influence in the formation of the values of all students. It must be clear that personal views are not a part of the instructional program and must be tempered by the responsibility to maintain professionalism.
To ensure that controversial issues are dealt with fairly and objectively, and with instruction as their goal, such issues may be a part of the curriculum as long as the following policies are observed:
● TeachersA. Teachers should instruct students in the principles and techniques of the scientific method and
provide opportunitiesprovide opportunities for practice in applying established facts to specific problems.
● TeachersB. Teachers should seek to develop in students the ideals of truth and honesty.
● AllC. All personnel should seek to create an atmosphere in which difference of opinion can be voiced without
fear andfear and hostility and with mutual respect for all viewpoints.
● ConstitutionalD. Constitutional guarantees of due process and freedom of speech will continue to be observed as to
students andstudents and teachers alike when they are involved in a controversial issue.
● TeachersE. Teachers should encourage the suspension of judgment and conclusions until all relevant and significant
facts havefacts have been assembled, critically examined, and checked for accuracy.
● TeachersF. Teachers should seek to develop in students a sense of responsibility for their beliefs, opinions, attitudes,
and actionsand actions.
● TeachersG. Teachers should place major emphasis upon "why" and "how" to think rather than "what" to think.
Adopted: date of
manualManual adoption
REGULATION
FIELD TRIPS AND
EXTRACURRICULAR TRAVEL
Field trips: All field trips, including club trips, must be approved by the school administration and, where stipulated, by the Governing Board. They must be directly related to the curriculum. Every effort will be made to schedule field trips with a minimum loss of school time. Before any student participates in a field trip, written notification will be provided to the parents or legal guardians. Transportation shall be provided only by District-approved conveyances, operated by authorized personnel.
Field trips extending beyond the actual class period(s) up to one school day in length must be planned by the teacher(s) and submitted in writing to the school administration for approval one (1) month in advance.
Field trips involving overnight excursions must be submitted in writing to the school administration for approval at least two (2) months in advance.
"Yearly" field trips involving out-of-state travel must be submitted in writing to the school administration and Governing Board ninety (90) days prior to the event and must be approved by both the school administration and Governing Board. "Yearly" field trips are defined as events that reoccur from one (1) school year to the next and must be submitted for Governing Board approval at least ninety (90) days prior to the event.
"Opportunity" field trips are defined as events that become known inside of the ninety (90) day timeframe. "Opportunity" field trips involving out-of-state travel must be submitted in writing to the school administration as soon as the event becomes known. "Opportunity" field trips must be presented to the Governing Board for approval prior to o the date for which the trip is planned if possible.
For all field trips, approval must be obtained prior to the setting of any arrangements and/or the beginning of any fund-raising activities for such trip(s).
The following shall be adhered to regarding required opening exercises and school programs as they pertain to customs and holidays:
● EachA. Each student shall be provided with an opportunity to participate in the Pledge of Allegiance
andor other
patriotic observancepatriotic observance each day.
● EachB. Each student in grades four (4) through six (6) shall recite the following passage from the Declaration
of Independenceof Independence:
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by
their creatortheir creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness.
ThatThat to secure these rights, governments are instituted among men, deriving their just powers from
the consentthe consent of the governed..."
● EachC. Each teacher in charge of a classroom for the first class of each day shall conduct a period of meditation,
not tonot to exceed one (1) minute in duration. No other activities will be allowed in the classroom at that time.
● StudentsD. Students whose parents have informed the school that they are not to take part in the meditation period
or patrioticor patriotic observances will be expected to observe the courtesy of not disturbing others.
● WhenE. When special days or significant events are recognized, it is recommended that appropriate classroom
and assemblyand assembly programs be presented in keeping with the traditional and historical significance of the event
or seasonor season.
Adopted: date of
manualManual adoption
REGULATION
FIELD TRIPS AND
EXTRACURRICULAR TRAVEL
(Responsibilities of Activity Sponsors)
It shall be the principal's obligation to instruct all sponsors as to their responsibilities.
Athletic teams and other extracurricular groups: A twenty-four to one (24:1) ratio of students to coach/sponsor shall be the minimum standard. This will ensure a minimum of two (2) coaches/sponsors per full bus. If extra seats are available, it is encouraged to allow extra coaches/sponsors to travel with the team/group. At least one (1) of the coaches/sponsors must be a certificated employee.
Rooter buses: For supervision of students, a minimum of three (3) sponsors shall be required. Two (2) of the three (3) sponsors must be certificated staff members.
Field trips in town: It is assumed that the classroom teacher can sponsor a class for an in-town field trip. If they are involved in something of greater risk, more adults/sponsors shall be utilized.
Overnight trips: Groups who are coached/sponsored by a member of the opposite sex will be accompanied by a member of each sex on an overnight trip.
Out-of-town supervision: On all out-of-town trips, coaches/sponsors need to be strategically located in the bus to supervise their students, and a minimum of one (1) coach/sponsor must be seated in the back of the bus.
The sponsor shall remain with and supervise the students assigned to him. If the sponsor is absent, a designated adult shall supervise the group.
A sponsor shall refrain from drinking any alcoholic beverage while sponsoring a student function.
Curfews shall be established by the sponsor before an overnight trip. A room check shall be made each night.
Vandalism and stealing: Facilities used at each function shall be checked, both at home and away. This check shall be made by the sponsor before and immediately after the function.
All places of lodging and dining shall be checked by the sponsor for vandalism and theft before departing from such premises.
Transportation vehicles shall be closely supervised with respect to student conduct and to prevent damage and littering.
All field trips must have the approval of the building principal.
Trip reports: Any violation of these regulations shall be reported in writing to the principal on the first school day following the trip or event.
The principal, assistant principal, or other District administrator shall be notified immediately by telephone of all behavior violations, medical emergencies, or serious problems on a trip. The building administration shall notify the parent(s)/guardian(s) of violations, emergencies, or serious problems as soon as possible.
Out-of-town incidents: On all out-of-town activities, all parties involved in an incident shall be held and not released until a preliminary understanding of the incident is reached and appropriate administrators have been notified.
Should an incident occur during an out-of-town activity, the following shall occur immediately upon return: a preliminary meeting or contact involving the parent(s)/guardian(s) of all involved students will be accomplished by a building administrator before students are released to their parents.
Forms for emergency care shall be taken on all out-of-town trips.
Sportsmanship: Sponsors shall show leadership in the area of sportsmanship.
Proper procedures shall be followed in complaints about officials.
Mixed groups: Mixed groups on overnight school trips shall be supervised by male and female sponsors.
Nonschool persons, if used as sponsors, shall have these rules made available to them by the principal, and they shall be instructed directly by principals as to their responsibilities as sponsors.
A sign-off sheet where coach/sponsor and principal/sponsor sign agreeing to meet the sponsor responsibilities shall be signed each year and put into the coaches'/sponsors' file.
A packet with policies and procedures shall be given to all non-District employees who act as chaperones on any given out-of-town trip so that they may be familiar with the District policies and procedures.
A laminated card with all emergency phone numbers shall be given to all bus drivers and coaches/sponsors.
Only individuals authorized by the Superintendent may be transported in a District vehicle. District vehicles shall be used for official school business only. Drivers and passengers shall adhere to all state laws while using District vehicles.
Buses and other vehicles will be left clean after each use.
The coach/sponsor in charge of any trip will meet with the scheduled bus driver before the bus is loaded. The purpose of the meeting will be to verify destination, time schedule, stops and student rules, and the location of safety and emergency equipment on the bus. Coaches/sponsors will make no exceptions in the enforcement of rules set up; that all reasonable means of supervision be employed and all reports of rule violations be rigorously, fairly, and impartially investigated.
The Superintendent may establish procedures for appropriately and humanely bringing live animals into a classroom. Such procedures shall forbid the transporting of live animals that are not service animals on school buses unless the animal is present for an educational purpose by written approval from the Superintendent or principal.
Service animalanimal means any dog or miniature horse that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability. Service animal does not include other species of animals, whether wild or domestic or trained or untrained.
Any person or entity that operates a public place shall not discriminate against individuals with disabilities who use service animals if the work or tasks performed by the service animal are directly related to the individual's disability. Work or tasks include assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing nonviolent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities and helping individuals with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort or companionship do not constitute work or tasks.
Adopted: December 10, 2013date of Manual adoption
LEGAL REF.:
A.R.S.
11-1024
A.A.C.
R17-9-102
REGULATION
ANIMALS IN SCHOOLS
Animals may be brought into the classroom for educational purposes. However, they must be appropriately and humanely cared for, and properly handled. Any person who wishes to bring an animal into the classroom must receive prior permission from the principal. The following guidelines shall apply to animals in the schools:
● Prior A. Prior to granting permission, teachers should check with the school nurse regarding any known allergies among allergies among students in the classroom. If allergies exist, parents must be contacted for further direction.
● Animals B. Animals shall not be transported on school buses.
● Teachers C. Teachers must assume primary responsibility for the humane and proper treatment of any animals in the classroomthe classroom.
● Only D. Only the teacher or students designated by the teacher are to handle the animals.
● If E. If animals are to be kept in the classroom on days when classes are not in session, the teacher must make arrangements make arrangements for their care and safety.
● Staff F. Staff members or students who have been bitten by an animal shall report such incident to the principal and the and the nurse immediately. The principal should notify the public health authorities if the injury merits medical followmedical follow-up. Public health authorities should determine the appropriate action and period of confinement for an for an animal if an injury results. Any animal involved in a serious injury must be impounded until authorization for authorization for release is granted by health authorities.
The Superintendent shall establish regulations limiting class interruptions, with particular emphasis on use of communication devices and interruptions by salespersons or visitors.
Adopted: date of
manualManual adoption
EXHIBIT
SCHOOL VOLUNTEERS
A GUIDE FOR VOLUNTEERS
Volunteer Registration
Principal approval is required prior to any individual providing volunteer services.
Volunteer Guidelines
Supervision. Volunteers work under the supervision of District personnel and only with teachers/staff members who have requested help from volunteers. Any volunteer whose actions are not in the best interest of the District or its school or students will not be allowed to volunteer.
Confidentiality. Student records contain confidential information. According to the Family Educational Rights and Privacy Act, the volunteer shall not have access to such information.
Like teachers, volunteers are bound by a code of ethics to keep confidential matters within the school. The staff members and students need to know they can trust volunteers. Volunteers should discuss their concerns only with certificated staff members (teachers, counselors, librarians, administrators).
Communication. The staff wants volunteers to be informed and will welcome questions and comments. When volunteers are assigned tasks, they should know what the teachers/staff members expect of them. Volunteers should never hesitate to ask for clarification of directions. A volunteer might also ask for an example or a demonstration of how to complete a job.
Volunteers who have concerns about teachers with whom they work should speak to the principal.
Discipline. Volunteers may not discipline students or have sole responsibility for a classroom at any time. Any problems should be referred to the teacher, who is available at all times.
Dismissal of students. Volunteers may never dismiss a student from class or school, and may never take a student off campus - even to meet a parent.
Dependability. Volunteers should not volunteer on days when they do not feel well. They should phone as far in advance as possible to inform the teacher/staff member, since they are expected on their assigned days. Both staff members and students will be looking for the volunteers, and need to be informed of any absence.
School rules. Volunteers should familiarize themselves with school and classroom rules. The administration, teachers, and staff members will help in this area.
Recording Volunteer Hours
The School District encourages volunteers to keep records of the number of hours they devote to the school/office. Recording volunteer hours may serve the following purposes:
● Documented volunteer work can be listed as work experience on job applications if they apply for paid positions.
● A record of each volunteer's hours helps the District evaluate how it is meeting the needs for volunteers. It also aids the school, the District, and the community in recognizing volunteer contributions.
● The District and its volunteers belong to a cost-saving partnership. Volunteer service saves public funds and, thus, taxpayer dollars.
● Recording hours assists the school in determining the savings that accrue to the District by the services provided.
Insurance Coverage
Volunteers are covered by the District's liability insurance policy only while working under the supervision of an assigned teacher/staff member in an authorized District activity.
Neither health/accident insurance nor Worker's Compensation is available for volunteers through the District.
Income Tax Deductions
Volunteers who itemize deductions when calculating income tax may deduct some of the out-of-pocket expenses of volunteer work. (Since tax laws change each year, they should be sure to check with the Internal Revenue Service and the Arizona Department of Revenue for an up-to-date list of deductions available to volunteers.)
By keeping track of mileage, volunteers can deduct mileage cost at a rate specified by the Internal Revenue Service each year, or can deduct the actual cost of gasoline and oil for a car used to travel between home and the site of volunteering.
However, the value of time and the cost of child care or meals are not deductible.
REGULATION
CLASS INTERRUPTIONS
It will be the responsibility of the principal to limit the clerical duties of classroom teachers as much as possible and to reduce, to a minimum, interruptions of classroom programs. Teachers should not be called out of their classrooms for telephone calls, salespersons, or visitors. Exceptions may be made in emergencies. The classroom setting shall not be interrupted by the use of the interschool communication system unless authorized by the principal.
EXHIBIT
SCHOOL VOLUNTEERS
VOLUNTEER INTEREST APPLICATION
Continuing its commitment to the partnership between school, home, and community, the School District is formalizing its District-wide program to utilize the valuable resources provided by our volunteers. You can help by completing this form and returning to school.
Name _____________________________ School __________________________
Address ________________________________________________________________
Phone ______________________________
Names, grades, and schools of any students in the District:
________________________________________________________________________
________________________________________________________________________
● Are you now or have you been a volunteer in the District schools? ◻ Yes. ◻ No.
If so, when? __________________________________________________________
_________________________________________________________________________
Duties, activities? __________________________________________________________
● Do you have any special interests or skills that you can share with us? ◻ Yes. ◻ No.
Please list (include job experience and hobbies) _____________________________
_________________________________________________________________________
● Could you serve as a geography resource by showing slides or telling about a place you have visited or lived? ◻ Yes. ◻ No. If so, where? ____________________________________________
_________________________________________________________________________
_________________________________________________________________________
● Do you have any special collections that you would be willing to share with students?
◻ Yes. ◻ No. If so, what? _____________________________________________
_________________________________________________________________________
● Would you consider working with students who may be studying a subject about which
you are knowledgeable? ◻ Yes. ◻ No. In your child's school ◻ Other schools ◻ Both
● Would you be interested in volunteer work in special areas such as art, music, physical education, library, or health services? ◻ Yes. ◻ No. If so, circle preferences.
● Are there other areas not mentioned above in which you are interested in volunteering
your time? ◻ Yes. ◻ No. If so, please describe. ____________________________
__________________________________________________________________________
__________________________________________________________________________
Please check areas of interest:
● Classroom: Read to students or listen to them read; work individually or with small groups of students; reproduce classroom materials; design classroom bulletin boards; reinforce math or reading skills.
● Special projects, activities: Assisting with field trips.
● Clerical/office: File; type; distribute supplies; duplicate newsletters and flyers; do telephone work; design office bulletin boards.
● Library/media center: Shelve books; perform clerical tasks; set up bulletin boards and displays; help students locate and use library materials; assist students with research projects.
◻ Health office: Clerical help; health screenings.
● Art, music, and physical education departments: Physical education field days, intramural sports; set up athletic equipment.
● Special education: Assist with physically handicapped students.
● Guest speakers with special knowledge/interests: Geography; careers; craft or hobby demonstrations.
● Other areas not listed. Describe: ________________________________________
__________________________________________________________________________
__________________________________________________________________________
List days and times when you are available. ______________________________________
__________________________________________________________________________
__________________________________________________________________________
Frequency: ◻ Weekly ◻ Monthly ◻ On call (as needed)
EXHIBIT
SCHOOL VOLUNTEERS
REFERENCES
Please list three friends or employers, preferably local, who have known you for two (2) years or more and whom we may contact:
1. Name ____________________________________________________________
Address ____________________________________________________________
_____________________________________ Zip Code _____________
Phone _____________________________________
2. Name ____________________________________________________________
Address ____________________________________________________________
_____________________________________ Zip Code _____________
Phone _____________________________________
3. Name ____________________________________________________________
Address ____________________________________________________________
_____________________________________ Zip Code _____________
Phone _____________________________________
______________________________________________ ____________________
Signature Date
The Superintendent will establish an environment conducive to the best learning achievement for each student through meeting the following goals:
● To A. To individualize the learning program in order to provide appropriately for each student.
● To B. To protect and observe the legal rights of students.
● To C. To enhance the self-image of individual students through helping them feel respected and worthy, and through a through a learning environment that provides positive encouragement.
● To D. To provide an environment of reality in which students can learn personal and civic responsibility for their actions their actions through meaningful experiences as school citizens.
● To E. To deal with students in matters of discipline in a just and constructive manner.
● To F. To provide, in every way feasible, for the safety, health, and welfare of students.
● To G. To promote regular attendance and good work.
Adopted: date of
manualManual adoption
EXHIBIT
SCHOOL VOLUNTEERS
QUALIFICATIONS AND REQUIREMENTS
________________________________ ___________________________
Name (typed or printed) Position
I, ___________________________________, being duly sworn, do hereby certify that I have never been convicted of or admitted in open court or pursuant to a plea agreement committing, and am not now awaiting trial for committing, any of the following criminal offenses in the state of Arizona or similar offenses in any other jurisdiction:
|
_______________________________ _________________________________
Employee signature Date signed
Subscribed, sworn to, and acknowledged before me by _______________________
______________________________, this ______ day of ____________, 20____,
in _____________________________ County, Arizona.
My Commission Expires
__________________________ ______________________________________
Notary Public
The right of a student to participate fully in classroom instruction shall not be abridged or impaired because of race, color, religion, sex, age, national origin, sexual orientation and disability, or any other reason not related to the student's individual capabilities.
The right of students to participate in extracurricular activities shall be dependent only upon their maintaining the minimum academic and behavioral standards established by the Board, and their individual ability in the extracurricular activity.
Adopted:
April 23, 2013date of Manual adoption
LEGAL REF.:
Arizona Constitution, Act XI, Sec. 6
20 U.S.C. 1400 et seq., Individuals with Disabilities Education Act
20 U.S.C. 1681, Education Amendments of 1972, Title IX (P.L. 92-318)
20 U.S.C. 1703, Equal Educational Opportunities Act
29 U.S.C. 794, Rehabilitation Act of 1973, (Section 504)
42 U.S.C. 2000, Civil Rights Act of 1964, as amended in 1972,Title VI, Title VII
42 U.S.C. 11301, McKinney-Vento Homeless Assistance Act of 2001
Arizona Constitution, Act XI, Sec. 6,
as amended by the Every Student Succeeds Act (ESSA) of 2015
CROSS REF.:
AC - Nondiscrimination
ACA - Sexual Harassment
GBA - Equal Employment Opportunity
GCQF - Discipline, Suspension, and Dismissal of Professional Staff Members
GDQD - Discipline, Suspension, and Dismissal of Support Staff Members
IHBA - Special Educational Programs and Accommodations for Disabled Students
JII - Student Concerns, Complaints and Grievances
JK - Student Discipline
JKD - Student Suspension
KED - Public Concerns/Complaints about Facilities or Services
The District places high value on educational achievement and excellence for each student. Individual student achievement shall be evaluated in relation to a student's mastery of the course work, with consideration given to the student's learning capacity.
A record of educational achievement shall be maintained for each student in the District schools.
Adopted: date of manual adoption
REGULATION
EQUAL EDUCATIONAL
OPPORTUNITIES
Compliance Officer
The Superintendent shall be the compliance officer. Any person who feels unlawfully discriminated against or to have been the victim of unlawful discrimination by an agent or employee of the District or who knows of such discrimination against another person should file a complaint with the Superintendent. If the Superintendent is the one alleged to have unlawfully discriminated, the complaint shall be filed with the President of the Board.
Complaint Procedure
The District is committed to investigating each complaint and to taking appropriate action on all confirmed violations of policy. The Superintendent shall investigate and document complaints filed pursuant to this regulation as soon as reasonable, within the established timelines. In investigating the complaint, the Superintendent will maintain confidentiality to the extent reasonably possible. The Superintendent shall also investigate incidents of policy violation that are raised by the Governing Board, even though no complaint has been made.
If after the initial investigation the Superintendent has reason to believe that a violation of policy has occurred, the Superintendent shall determine whether or not to hold an administrative hearing and/or to recommend bringing the matter before the Board.
If the person alleged to have violated policy is a teacher or an administrator, the due process provisions of the District's Policy GCQF shall apply, except that the supervising administrator may be assigned to conduct the hearing. In cases of serious misconduct, dismissal or suspension proceedings in accordance with A.R.S. 15-539 et seq. may be initiated.
If the person alleged to have violated policy is a support staff employee, the Superintendent may follow due process and impose discipline under Policy GDQD if the evidence so warrants. The Superintendent also may recommend a suspension without pay, recommend dismissal, or impose other appropriate discipline.
If the person alleged to have violated policy is a student, the Superintendent may impose discipline in accordance with policies Policies JK, JKD and JKE.
If the Superintendent's investigation reveals no reasonable cause to believe policy has been violated, the Superintendent shall so inform the complaining party in writing.
Timelines
The complaint must be filed within thirty (30) calendar days after the complaining party knew or should have known that there were grounds for a complaint/grievance.
Once the written complaint has been filed using the forms provided by the District, the Superintendent shall require the immediate supervisor or site administrator to investigate and respond in writing to the complaining party within five (5) working days.
If the immediate supervisor or site administrator does not respond, the Superintendent will have ten (10) additional working days to respond in writing to the complaining party.
If the Superintendent does not respond within the established time, then the complaining party may request in writing that the issue be brought before the Board. The Board will then review the record of the investigation and have thirty (30) days to respond to the complaining party in writing.
EXHIBIT
EQUAL EDUCATIONAL
OPPORTUNITIES
COMPLAINT FORM
(To be filed with the compliance officer as provided in JB-R)
Please print:
Name ____________________________________ Date _____________
Address ______________________________________________________
Telephone _________ Another phone where you can be reached _________
During the hours of ______________________________________________
E-mail address _________________________________________________
I wish to complain against:
Name of person, school (department), program, or activity _______________
______________________________________________________________
______________________________________________________________
Address _______________________________________________________
Specify your complaint by stating the problem as you see it. Describe the incident, the participants, the background to the incident, and any attempts you have made to solve the problem. Be sure to note relevant dates, times, and places.
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
If there is anyone who could provide more information regarding this, please list name(s), address(es), and telephone number(s).
Name Address Telephone Number
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
The projected solution
Indicate what you think can and should be done to solve the problem. Be as specific as possible.
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
I certify that this information is correct to the best of my knowledge.
____________________________________
Signature of Complainant
The compliance officer, as designated in JB-R, shall give one (1) copy to the complainant and shall retain one (1) copy for the file.
(In District)
The attendance areas of the District will be established by the Board. Students will attend school in the attendance areas in which their respective residences are located. Exceptions to this policy may be made for open enrollment, unsafe school choice options, special placements based on Individualized Educational Programs, disciplinary actions, available curricula and in the case of homeless students, continued attendance in their school of origin.
The Governing Board recognizes that the proposed adoption of attendance boundaries or change in current attendance boundaries is a topic which will generate much concern and interest by all who may be affected. Therefore, Board meetings to discuss proposed changes to attendance boundaries shall have comment periods and will be preceded by prior notification to parents and guardians of students and residents of the households to be affected by the proposals being discussed. The notice shall be by means intended to reach the largest number of persons to be affected. At least one (1) meeting shall be held to present the maps of proposed attendance boundaries and receive comments from those affected. These maps and the notice of such a meeting shall be made available on the District's website, if one is available.
Following Board action, parents, guardians and residents affected by a boundary change decision will be informed by means of the minutes and other school and District communications. These will be placed on the District's web site, if one is available. Within ninety (90) days of the adoption of a boundary change by the Governing Board, attendance boundaries will be updated, made available to the public and, if available, placed on a District website. If a web site is available a direct link to the School District's attendance boundaries will be sent to the Department of Real Estate otherwise a copy of any change will be sent.
The Superintendent will develop the specific procedures necessary to implement the actions, notification, and documentation required by this policy.
Adopted: October 25, 2016date of Manual adoption
LEGAL REF.:
A.R.S.
15-341
15-461
20 U.S.C. 7912, Unsafe School Choice Option
42 U.S.C. 11301, McKinney-Vento Homeless Assistance Act of 2001,
as amended by the Every Student Succeeds Act (ESSA) of 2015
CROSS REF.:
JFBA - Unsafe School Choice
REGULATION
SCHOOL ATTENDANCE AREAS
Recommendations to the Governing Board for the adoption of new attendance boundaries or change in current attendance boundaries will be presented along with a map at one (1) meeting that provides for comments on the proposed changes prior to discussion and action.
Parents/guardians of students and residents of the households affected by attendance boundary changes will be notified, whenever possible, a minimum of ten (10) days prior to the public meeting. The notice will include the time, place, date, a call for public input, and where a map delineating the proposed adoption/change may be viewed. Notice will be given by:
●A. A post card addressed to the zip codes plus four (4) digits of all affected postal residents located in
the attendancethe attendance area subject to change.
● WrittenB. Written notification to the parents or guardians of affected students provided by means of:
■ Weekly1. Weekly school lunch menus; or
■ Special2. Special communications; or
■ Newsletters3. Newsletters; or
■ Any4. Any similar means reasonably calculated to provide sufficient notice.
● BroadcastC. Broadcast and print media public announcements.
● PostingD. Posting of notice at the school and in places permitting notice posting in the area of student
attendance affectedattendance affected.
● InformationE. Information and a map delineating the proposed changes available in the school office and posted on
the Districtthe District's web site, if available.
The meeting will be held in a public facility, if one is available, in a location with proximity to the area suggested for school attendance change and which will accommodate the expected participants. Participation by parents/ guardians of students and residents of homes affected will be encouraged. Up to one (1) hour will be scheduled for receipt of affected persons' comments with the time for individual presentations determined by the time scheduled divided by the participants requesting to speak. Additional time may be allocated by specific Board action.
The parent or guardian is charged by law with responsibility for the student's consistent school attendance. The Superintendent will enforce the laws regarding attendance, with consideration for the variables that affect children and families. The Superintendent will place emphasis on the prevention and correction of the causes of absenteeism.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-239
15-346
15-771
15-802
15-804
15-805
15-806
15-807
15-826
15-843
15-872
15-873
15-901
CROSS REF.:
JH - Student Absences and Excuses
REGULATION
STUDENT ATTENDANCE
The ultimate responsibility for school attendance rests with parents and students, with the school assisting them to fulfill that responsibility. The school expects parents/guardians to call the attendance office before 9:00 a.m. on the day a student is absent and to notify the school as to the exact length of any absence.
Regular school attendance is basic to much of the success students attain from their elementary, middle school, and high school programs. Students should remain out of school only when it is absolutely necessary.
Students' participation in class discussion; listening to lectures, clarifications, and explanations; viewing or listening to audiovisual materials; and attending school assembly programs are considered integral parts of the educational program. It is impossible to gain the full significance of any class presentation through makeup work; therefore, students, parents, teachers, and administrators must make every effort possible to ensure punctuality and regular school attendance.
Attendance Records
Each time a class meets, the teacher shall check and formally record the attendance of all students assigned to the class. The name of any absent student shall be entered on the prescribed attendance/absence report and be submitted to the office.
A master list of student absences will be prepared daily from attendance reports received in the office.
The school administrator is accountable for assuring that accurate and timely daily records of student membership and attendance are maintained.
It is unlawful for any child who is at least six (6) but not yet sixteen (16) years of age to fail to attend school during the hours that school is in session, unless such child is excused pursuant to:
● A. A.R.S. 15-802 (see attached exhibit) and verifiable records are kept of the reasons for excuse from the duties the duties prescribed.
● AB. A.R.S. 15-901 (for children with disabilities).
● The C. The child being provided instruction at home.
● The D. The child being accompanied by a parent or a person authorized by a parent.
Adopted: date of
manualManual adoption
EXHIBIT
COMPULSORY ATTENDANCE AGES
Every child between the ages of six (6) and sixteen (16) years shall attend a school and shall be provided instruction in at least the subjects of reading, grammar, mathematics, social studies, and science. The person who has custody of the child shall choose a public, private, charter, or home school as defined in A.R.S. 15-802 to provide instruction.
The parent or person who has custody of the child shall do the following:
● IfA. If the child will attend a public, private, or charter school, enroll the child and ensure that the child
attends the publicattends the public, private, or charter school for the full time that school is in session. If the child attends a
school that is operatedschool that is operated on a year-around basis, the child shall regularly attend during school sessions that
total not less thantotal not less than one hundred eighty (180) school days or two hundred (200) school days, as applicable,
or theor the equivalent as approved by the Superintendent of Public Instruction.
● IfB. If the child will attend a private school or home school, file an affidavit of intent with the County
School SuperintendentSchool Superintendent stating that the child is attending a regularly organized private school or is
being provided instructionbeing provided instruction in a home school, in accord with A.R.S. 15-802.
● IfC. If the child will attend home school, the child has not reached eight (8) years of age by September 1 of
the schoolthe school year, and the person who has custody of the child does not desire to begin home instruction until
the childthe child has reached eight (8) years of age, file an affidavit of intent pursuant to A.R.S. 15-802
statingstating that
the personthe person who has custody of the child does not desire to begin home school instruction.
A person is excused from the duties prescribed above if it is shown to the satisfaction of the school principal or the school principal's designee:
● TheA. The child is in such physical or mental condition that attendance at a public school is inexpedient
or impracticableor impracticable.
● TheB. The child has completed the high school courses necessary for completion of grade ten (10) as prescribed
by theby the State Board of Education.
● TheC. The child has presented reasons for nonattendance at a public school which are satisfactory to the
school principalschool principal or the school principal's designee. For purposes of this paragraph, the principal's designee
may be themay be the School District Governing Board.
● TheD. The child is over fourteen (14) years of age and is, with the consent of the person who has custody of
the childthe child, employed at some lawful wage-earning occupation.
● TheE. The child is an enrollee in a work training, career education, vocational, or manual training program that
meets themeets the educational standards established and approved by the Department of Education.
● TheF. The child was either suspended and not directed to participate in an alternative education program or
expelled fromexpelled from school as provided in law.
● TheG. The child is enrolled in an education program provided by a state educational or other institution.
Special Preschool
A child evaluated and recommended for special services for a disability in accord with statute, and who has reached the third (3rd) birthday, may be admitted to preschool. If otherwise eligible, the District may admit a child who is within ninety (90) days of reaching age three (3) years if it is determined to be in the best interest of the individual. The Superintendent shall make such determination based upon one (1) or more consultations with parent(s), guardian(s), the child, and the multidisciplinary placement team.
Kindergarten and First Grade
For admission to kindergarten, children must be five (5) years of age prior to September 1 of the current school year. If a full-day kindergarten is provided, the parent of a student eligible for full-day kindergarten shall be offered the opportunity to choose either a half-day or a full-day kindergarten program. The District shall provide an academically meaningful half-day kindergarten program in each District school where the half-day student enrollment is sufficient to fill a class with approximately the same number of students as the District-wide kindergarten classroom average.
Children may be admitted to first grade who are six (6) years of age, or shall be deemed six (6) years of age if they reach such age prior to September 1 of the current school year.
The Board may admit children who have not reached the required age as prescribed above if it is determined to be in the best interest of the children, and such children must reach the required age of five (5) for kindergarten and six (6) for first grade by January 1 of the current school year.
● Screening will be made available for possible early entrance into kindergarten for those children who will turn five (5) during the month of September of the current school year.
● Parents will be required to pay a reasonable fee for screening unless they qualify for reduced lunch.
● Any child who has successfully completed kindergarten in a public school, whose sixth (6th) birthday falls after August 31 and prior to January 1, will be admitted to first (1st) grade in the District only if the parent(s) provide proof of successful kindergarten (K) completionFor a child who has not reached six (6) years of age (five [5] for kindergarten) before September, the determination of whether to admit shall be based upon one (1) or more consultations with the parent(s) or guardian(s), the child, the teacher, the school principal, and/or professional consultants.
When a child who has not reached age five (5) prior to September 1 was admitted for early enrollment in kindergarten, and the child then repeats kindergarten in the following year, the District is not eligible to receive basic state aid for the child's second year. When a child who has not reached age five (5) prior to September 1 was admitted for early enrollment in kindergarten but does not remain enrolled the District may receive a portion of basic state aid on behalf of that child in the subsequent year. TheDistrict may charge tuition for any child who is ineligible for basic state aid pursuant to A.R.S. 15-821.
High School
A high school graduate with a recognized diploma shall may be refused admission.
Students between the ages of sixteen (16) and twenty-one (21) years shall be admitted to high school. A student under sixteen (16) years of age who does not hold an eighth (8th) -grade certificate of promotion may be admitted to high school under the following conditions:
● The student must meet competency requirements in the adopted standards for promotion of students from the eighth students from the eighth (8th) grade as determined by the State Board of Education in the areas of reading, writing writing, mathematics, science, and social studies.
The Superintendent will develop procedures for the student to demonstrate competency in the standards adopted by the State Board of Education.
Residency Verification
In accordance with guidelines and forms adopted by the Arizona Department of Education the District shall require and maintain verifiable documentation of residency in the State of Arizona for pupils who enroll in the District.
Adopted: April 23, 2013date of Manual adoption
LEGAL REF.:
A.R.S.
15-701
15-701.01
15-703
15-766
15-767
15-771
15-821
15-901
15-901.02
A.A.C.
R7-2-301
Section 78, Arizona Laws 2009, HB 2011
CROSS REF.:
JF - Student Admissions
JHD - Exclusions and Exemptions from School Attendance
JLC - Student Health Services and Requirements
REGULATION
ENTRANCE AGE REQUIREMENTS
(Determining Competency for
Entrance to High School)
Upon request for admission to high school, a student who has not obtained an eighth-grade certificate of promotion and is under sixteen (16) years of age must show competency in the standards of reading, writing, mathematics, science, and social studies as adopted by the State Board of Education and as determined by a District assessment instrument. The assessment instrument will be based upon the standards adopted by the State Board of Education. The instrument will be prepared or selected by, and the result will be verified by, a certificated person chosen by the Superintendent.
The person enrolling a student (except homeless students) in the school for the first time will be asked to produce one (1) of the following proofs:
●A. A certified copy of the child's birth certificate.
● OtherB. Other reliable proof of the student's identity and age, including the student's baptismal certificate,
an applicationan application for a Social Security number, or original school registration records,
andand an
affidavit explainingaffidavit explaining the inability to provide a copy of the birth certificate.
● AC. A letter from the authorized representative of an agency having custody of the student (pursuant to statute)
certifyingcertifying that the student has been placed in the custody of the agency as prescribed by law.
The parent, guardian, or surrogate will be given thirty (30) days to provide documentation requested as listed above. If documentation is not provided, a letter will be sent to notify the parent, guardian, or surrogate that unless the documentation is provided within ten (10) days, the local law enforcement agency will be notified.
Nothing contained in this policy shall authorize the School school to disclose to any person a student's educational record without prior parental consent unless the School school makes a determination that disclosure of such records is necessary to protect the health and safety of the student.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-828
42 U.S.C. 11301, McKinney-Vento Homeless Assistance Act of 2001,
as amended by the Every Student Succeeds Act (ESSA) of 2015
CROSS REF.:
IKEB - Acceleration
JFAA - Admission of Resident Students
JFAB - Admission of Nonresident Students
JFABD - Admission of Homeless Students
JFB - Open Enrollment
JG - Assignment of Students to Classes and Grade Levels
JLCB - Immunizations of Students
JLH - Missing Students
JR - Student Records
JRCA - Request for Transfer of Records
A student who is a resident of the District and who meets the applicable age requirements established by state law shall be admitted without payment of tuition to the school in the attendance area in which the student resides and may be admitted as a resident transfer student to another school in the District in accordance with the District's open enrollment policy.
The following students are residents of the District:
A. A student who is in the legal custody of a natural or adoptive parent or other person to whom custody has been granted by a court order and who resides with the parent or other person in the District.
B. A student who is an emancipated minor and whose place of residence is in the District. When determining whether a minor is emancipated, the Superintendent will consider such factors as whether the student is married, financially independent, and residing away from the family domicile with parental consent.
C. A student who is eighteen (18) years of age or older and whose place of residence is in the District.
D. A student who is homeless, and who attended a school in the District at the time of becoming homeless.
E. A student who resides with a family member living in the District while awaiting the outcome of a legal guardianship or custody proceeding if the family provides written documentary proof in accord with 15-821(D).
F. A student whose parent is transferred to or is pending transfer to a military installation within this state while on active military duty pursuant to an official military order.
The residency of a student, natural or adoptive parent, or other person to whom custody of the student has been granted by court order shall be based upon evidence of the individual's physical presence and intent to remain in the District. Such evidence of residency may be determined by using the following verifiable documentation.
Verifiable Documentation
A.R.S. 15-802(B) requires school districts and charter schools to obtain and maintain verifiable documentation of Arizona residency upon enrollment in an Arizona public school.
The documentation required by A.R.S. 15-802 must be provided each time a student enrolls in a school district or charter school in this state, and reaffirmed during the district or charter's annual registration process via the district or charter's annual registration form. The documentation supporting Arizona residency should be maintained according to the school's records retention schedule.
In general, students will fall into one (1) of two (2) groups: 1) those whose parent or legal guardian is able to provide documentation bearing his or her name and address; and 2) those whose parent/legal guardian cannot document his or her own residence because of extenuating circumstances including, but not limited to, that the family's household is multi-generational. Different documentation is required for each circumstance.
Parent(s) or legal guardian(s) that maintains his or her own residence: The parent or legal guardian must complete and sign a form indicating his or her name, the name of the school district, school site, or charter school in which the student is being enrolled, and provide one (1) of the following documents, which bear the parent or legal guardian's full name and residential address or physical description of the property where the student resides (no P.O. Boxes):
A. Valid Arizona driver's license, Arizona identification card
B. Valid Arizona motor vehicle registration
C. Valid United States passport
D. Property deed
E. Mortgage documents
F. Property tax bill
G. Rental agreement or lease (including Section 8 agreement)
H. Utility bill (water, electric, gas, cable, phone)
I. Bank or credit card statement
J. W-2 wage statement
K. Payroll stub
L. Certificate of tribal enrollment or other identification issued by a recognized Indian tribe
M. Other documentation from a state, tribal, or federal agency (Social Security Administration, Veterans' Administration, Arizona Department of Economic Security, etc.)
Parent(s) or legal guardian(s) that does not maintain his or her own residence: The parent or legal guardian must complete and sign a form indicating his or her name, the name of the school district, school site, or charter school in which the student is being enrolled, and submit a signed, notarized affidavit bearing the name and address of the person who maintains the residence where the student lives attesting to the fact that the student resides at that address, along with a document from the bulleted list above bearing the name and address of the person who maintains the residence.
Use of and Retention of
Documents by Schools
School officials must retain a copy of the attestations or affidavits and copies of any supporting documentation presented for each student (photocopies acceptable) that school officials believe establish validity. Documents presented may be different in each circumstance, and unique to the living situation of the student. Documents retained by the school district or charter school may be used as an indicia of residency; however, documentation is subject to audit by the Arizona Department of Education. Personally identifiable information other than name and address (SSN, account numbers, etc.) should be redacted from the documentation either by the parent/guardian or the school official prior to filing.
Adopted: September 12, 2017date of Manual adoption
LEGAL REF.:
A.R.S.
15-802
15-816 et seq.
15-821
15-823
15-823.01
15-824
42 U.S.C. 11301, McKinney-Vento Homeless Assistance Act of 2001,
as amended by the Every Student Succeeds Act (ESSA) of 2015
CROSS REF.:
IKEB - Acceleration
JFAB - Admission of Nonresident Students
JFABD - Admission of Homeless Students
JFB - Open Enrollment
JG - Assignment of Students to Classes and Grade Levels
JLCB - Immunizations of Students
JLH - Missing Students
JR - Student Records
JRCA - Request for Transfer of Records
EXHIBIT
ADMISSION OF
RESIDENT STUDENTS
RESIDENCY DOCUMENTATION FORM
Student ______________________________
___School __________________
__
School District or Charter Holder
____________________________________
____
Parent/Legal Guardian ____________________________________________
_____
As the Parent/Legal Guardian of the Student, I attest that I am a resident of the State of Arizona and submit in support of this attestation a copy of the following document that displays my name and residential address or physical description of the property where the student resides:
_____
Valid Arizona driver's license, Arizona identification card or motor
vehiclevehicle registration
registration_____
Valid U.S. passport
_____
Real estate deed or mortgage documents
_____
Property tax bill
_____
Residential lease or rental agreement
_____
Water, electric, gas, cable, or phone bill
_____
Bank or credit card statement
_____
W-2 wage statement
_____
Payroll stub
_____
Certificate of tribal enrollment or other identification issued by
a recognizeda recognized Indian tribe that contains an Arizona address
_____
Documentation from a state, tribal or federal government agency (
SocialSocial Security Administration, Veteran's Administration, Arizona Department
ofof Economic Security)
_____
I am currently unable to provide any of the foregoing documents.
ThereforeTherefore, I
have provided an original affidavit signed and notarized by
an Arizonaan Arizona resident
who
attests thatattests that I
have establishedhave established residence in
Arizona withArizona with the person signing
the affidavit.
___________________________________ ___
_____________________
___
Signature of Parent/Legal
Guardian DateGuardian Date
Reproduction of ADE FORM 2306606 which may be used in lieu of this document.
EXHIBIT
PROMOTION AND RETENTION
OF STUDENTS
Middle School Promotion
(Grades 6 - 7 - 8)
The District has established the following required courses for the sixth, seventh and eighth grades:
Two (2) units per year English
Two (2) units per year Mathematics
Two (2) units per year Social Studies
Two (2) units per year Science
and
Up to twelve (12) elective units
Certificate of promotion [A.R.S. 15-701(D)] shall be presented to students fulfilling the following requirements:
● Thirty (30) total units consisting of:
■ Six (6) units of Math
■ Six (6) units of English
■ Six (6) units of Science
■ Six (6) units of Social Studies
■ Six (6) units of Electives
and/or
● Successful passage (meets or exceeds) of the identified state standardized test.
The standard certificate of promotion will be issued also to special education students who meet the requirement established by the District in compliance with A.D.E. Regulation R7-2-301(C).
Implementation of the middle school promotion and retention of students Exhibit IKE-E (I-7231) will begin with sixth grade students 2014-2015. 2015-2016 will include sixth and seventh grades and full implementation will be 2016-2017 for sixth, seventh and eighth grades.
EXHIBIT
ADMISSION OF
RESIDENT STUDENTS
AFFIDAVIT OF SHARED RESIDENCE
I swear or affirm that I am a resident of the State of Arizona and that the persons listed below reside with me at my residence, described as follows:
Persons who reside with me:
______________________________________________________________
____
______________________________________________________________
____
______________________________________________________________
____
Location of my residence:
______________________________________________________________
____
______________________________________________________________
____
I submit in support of this attestation a copy of the following document that displays my name and current residence address or physical description of my property:
_____
Valid Arizona driver's license, Arizona identification card or motor
vehiclevehicle registration
_____
Valid U.S. passport
_____
Real estate deed or mortgage documents
_____
Property tax bill
_____
Residential lease or rental agreement
_____
Water, electric, gas, cable, or phone bill
_____
Bank or credit card statement
_____
W-2 wage statement
_____
Payroll stub
_____
Certificate of tribal enrollment or other identification issued by
a recognizeda recognized Indian tribe
_____
Documentation from a state, tribal or federal government agency (
SocialSocial Security Administration, Veteran's Administration, Arizona Department
ofof Economic Security)
Printed Name of Affiant:
___________________________________________
____
Signature of Affiant: ______________________________________________
____
Acknowledgement
State of Arizona
County of
____________
The foregoing was acknowledged before me this ___ day of __________, 20___,
By ______________________________________________________________.
My Commission Expires
___________________ ____________________
_______________________
__
Notary Public
Reproduction of ADE FORM 2306606 which may be used in lieu of this document.
For purposes of open enrollment a "nonresident pupil" means a student who resides in this state and who is enrolled in or is seeking enrollment in a school district other than the school district in which the student resides. A student who is not a resident of the District but is a resident of Arizona who meets the age and other requirements for open enrollment established by state law and District policy shall be admitted to a school without payment of tuition.
A student shall also be admitted to a school without tuition payment, if:
● The A. The student is the child of a United States resident who is not a resident of Arizona, if this is in the best interest best interest of the student and the student is placed with a relative per A.R.S. 15-823 and the placement is not is not to avoid tuition payment.
● The B. The student is a resident of the United States and evidence indicates that because the parents are homeless or homeless or the child is abandoned, as defined in A.R.S. 8-201, the child's physical, mental, moral or emotional health is best health is best served by placement with a person who does not have legal custody of the child and who is a resident within resident within the school district, unless it is determined that the placement is solely for the purpose of obtaining an education an education in this state without payment of tuition.
● The C. The student presents a certificate of educational convenience issued by the County School Superintendent pursuant Superintendent pursuant to A.R.S. 15-825.
● The D. The student is a child of a nonresident teaching or research faculty member of a community college district or state or state university or a nonresident graduate or undergraduate student of a community college district or state university state university whose parent's presence at the district or university is of international, national, state, or local benefitlocal benefit.
The District shall admit the following students, charging tuition as prescribed in statute:
● The A. The child of an Arizona resident who is not a resident of the District, if the District provides a high school and the and the student is a resident of an Arizona common school district that is not in a high school district and that does that does not offer instruction in the student's grade. Special circumstances may apply in accordance with A.R.S. 15-2041 after three hundred fifty (350) students have been admitted.
● For B. For an Arizona resident who is not a resident of the District, if the district of residence provides only financing for financing for students who are instructed by another school district and for students from a unified district that does not offer not offer instruction in the student's grade.
● A C. A pupil who is issued a certificate of educational convenience to attend school in the School District or adjoining or adjoining the school district to that in which the pupil is placed by an agency of this state or a state or federal or federal court of competent jurisdiction, as provided in A.R.S. 15-825.
The District shall admit a pupil who is the resident of a school district that has entered into a voluntary agreement with the District, charging tuition as agreed to in accordance with A.R.S. 15-824(E)(3).
The Governing Board may admit children who are residents of the United States, but who are nonresidents of this state, without payment of tuition if all of the following conditions exist:
A. The child is enrolled in a year-round residential boarding academy located in this state specializing in intensive instruction and skill development in sports, music or acting.
B. The child's parents have executed a current notarized guardianship agreement covering the child while enrolled at the academy, which is a condition of enrollment at the academy and authorizes academy representatives to act on the child's parent's or legal guardian's behalf in making all decisions on a daily basis as to the child's activities and needs for medical, educational and other personal issues.
The District may admit nonresident foreign exchange students without payment of tuition, or as it may otherwise prescribe.
The District shall not include in its student membership count students who are not Arizona residents. The Unless authorized by statute, the District is prohibited from obtaining state funding for any student who is not a resident of the state.
"Residence" Defined
The residence of a student is the residence of the person having legal custody of the student, except as provided in A.R.S. 15-823 through A.R.S. 15-825.
Residency of the parent/guardian or surrogate may be determined by showing the individual's presence and intent to remain in the District. Documentation of residency may be determined by using the following verifiable documentation.
Verifiable Documentation
A.R.S. 15-802(B) requires school districts and charter schools to obtain and maintain verifiable documentation of Arizona residency upon enrollment in an Arizona public school.
The documentation required by A.R.S. 15-802 must be provided each time a student enrolls in a school district or charter school in this state, and reaffirmed during the district or charter's annual registration process via the district or charter's annual registration form. The documentation supporting Arizona residency should be maintained according to the school's records retention schedule.
In general, students will fall into one (1) of two (2) groups: 1) those whose parent or legal guardian is able to provide documentation bearing his or her name and address; and 2) those whose parent/legal guardian cannot document his or her own residence because of extenuating circumstances including, but not limited to, that the family's household is multi- generational. Different documentation is required for each circumstance.
Parent(s) or legal guardian(s) that maintains his or her own residence: The parent or legal guardian must complete and sign a form indicating his or her name, the name of the school district, school site, or charter school in which the student is being enrolled, and provide one (1) of the following documents, which bear the parent or legal guardian's full name and residential address or physical description of the property where the student resides (no P.O. Boxes):
● Valid A. Valid Arizona driver's license, Arizona identification card
● Valid B. Valid Arizona motor vehicle registration
● Valid C. Valid United States passport
● Property D. Property deed
● Mortgage E. Mortgage documents
● Property F. Property tax bill
● Rental G. Rental agreement or lease (including Section 8 agreement)
● Utility H. Utility bill (water, electric, gas, cable, phone)
● I. Bank or credit card statement
● J. W-2 wage statement
● Payroll K. Payroll stub
● Certificate L. Certificate of tribal enrollment or other identification issued by a recognized Indian tribe
● M. Other documentation from a state, tribal, or federal agency (Social Security Administration, Veterans' Administration Administration, Arizona Department of Economic Security, etc.)
Parent(s) or legal guardian(s) that does not maintain his or her own residence: The parent or legal guardian must complete and sign a form indicating his or her name, the name of the school district, school site, or charter school in which the student is being enrolled, and submit a signed, notarized affidavit bearing the name and address of the person who maintains the residence where the student lives attesting to the fact that the student resides at that address, along with a document from the bulleted list above bearing the name and address of the person who maintains the residence.
Use of and Retention of
Documents by Schools
School officials must retain a copy of the attestations or affidavits and copies of any supporting documentation presented for each student (photocopies acceptable) that school officials believe establish validity. Documents presented may be different in each circumstance, and unique to the living situation of the student. Documents retained by the school district or charter school may be used as an indicia of residency; however, documentation is subject to audit by the Arizona Department of Education. Personally identifiable information other than name and address (SSN, account numbers, etc.) should be redacted from the documentation either by the parent/guardian or the school official prior to filing.
Adopted: January 14, 2014date of Manual adoption
LEGAL REF.:
A.R.S.
8-201
15-802
15-816 through 15-816.07
15-821
15-823 through 15-825
42 U.S.C. 11301, McKinney-Vento Homeless Assistance Act of 2001,
as amended by the Every Student Succeeds Act (ESSA) of 2015
CROSS REF.:
IKEB - Acceleration
JFABD - Admission of Homeless Students
JFB - Open Enrollment
JG - Assignment of Students to Classes and Grade Levels
JLCB - Immunizations of Students
JLH - Missing Students
JR - Student Records
JRCA - Request for Transfer of Records
EXHIBIT
TUITION / ADMISSION OF
NONRESIDENT STUDENTS
RESIDENCY DOCUMENTATION FORM
Student ______________________________ School ___ School ____________________
School District or Charter Holder ________________________________________
Parent/Legal Guardian _________________________________________________
As the Parent/Legal Guardian of the Student, I attest that I am a resident of the State of Arizona and submit in support of this attestation a copy of the following document that displays my name and residential address or physical description of the property where the student resides:
_____ Valid Arizona driver's license, Arizona identification card or motor
vehiclevehicle registration
registration_____ Valid U.S. passport
_____ Real estate deed or mortgage documents
_____ Property tax bill
_____ Residential lease or rental agreement
_____ Water, electric, gas, cable, or phone bill
_____ Bank or credit card statement
_____ W-2 wage statement
_____ Payroll stub
_____ Certificate of tribal enrollment or other identification issued by
a recognizeda recognized Indian tribe that contains an Arizona address
_____ Documentation from a state, tribal or federal government agency (
SocialSocial Security Administration, Veteran's Administration, Arizona Department
ofof Economic Security)
_____ I am currently unable to provide any of the foregoing documents.
ThereforeTherefore, I
have provided an original affidavit signed and notarized by
an Arizonaan Arizona resident
who
attests thatattests that I
have establishedhave established residence in
Arizona withArizona with the person signing
the affidavit.
___________________________________ ___
_____________________
___
Signature of Parent/Legal
GuardianGuardian Date
Reproduction of ADE FORM 2306606 which may be used in lieu of this document.
EXHIBIT
TUITION / ADMISSION OF
NONRESIDENT STUDENTS
AFFIDAVIT OF SHARED RESIDENCE
I swear or affirm that I am a resident of the State of Arizona and that the persons listed below reside with me at my residence, described as follows:
Persons who reside with me:
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
Location of my residence:
__________________________________________________________________
__________________________________________________________________
I submit in support of this attestation a copy of the following document that displays my name and current residence address or physical description of my property:
_____ Valid Arizona driver's license, Arizona identification card or motor
vehiclevehicle registration
_____ Valid U.S. passport
_____ Real estate deed or mortgage documents
_____ Property tax bill
_____ Residential lease or rental agreement
_____ Water, electric, gas, cable, or phone bill
_____ Bank or credit card statement
_____ W-2 wage statement
_____ Payroll stub
_____ Certificate of tribal enrollment or other identification issued by
a recognizeda recognized Indian tribe
_____ Documentation from a state, tribal or federal government agency (
SocialSocial Security Administration, Veteran's Administration, Arizona Department
ofof Economic Security)
Printed Name of Affiant: _______________________________________________
Signature of Affiant: __________________________________________________
Acknowledgement
State of Arizona
County of Coconino___________________
The foregoing was acknowledged before me this ___ day of __________, 20___,
By ______________________________________________________________.
My Commission Expires
___________________ ____________________
_________________________
Notary Notary Public
Reproduction of ADE FORM 2306606 which may be used in lieu of this document.
REGULATION
GRADUATION REQUIREMENTS
(Alternative Graduation Requirement)
Pursuant to A.R.S. 15-701.02, A.A.C. R7-2-302.06 and R7-2-302.07, a pupil who fails to achieve a passing score on the State Board required competency test in reading, writing, and mathematics assessment for high school graduation during the 2007-2008 through the 2010-2011 school years and thereafter may graduate if the student meets the alternative graduation requirements. Using the state approved formula, this process allows a pupil to augment their State Board required competency test scores with additional points derived from classroom performance. The pupil must meet the eligibility requirements described below to be eligible to receive augmentation points. Points are calculated using grades of C or better in the state specified credits of required coursework.
● Threshold determination:
■ If a student's augmented assessment scores would not meet or exceed the "Meets the Standard" threshold if augmented by twenty-five percent (25%) for school years 2007-2008 and 2008-2009, by fifteen percent (15%) for school year 2009-2010, or by five percent (5%) for school year 2010-2011 and thereafter, no additional credit shall be calculated per A.R.S. 15-701.02(c).
● Eligibility requirements for augmentation:
■ The student must have completed with a passing grade all coursework and credits prescribed for the graduation of pupils from high school by the governing board of the student's school district or charter school.
■ The student must have taken the State Board standards assessment at every administration when the pupil was eligible to take the test after August 12, 2005.
■ The student must have participated in any academic remediation program available in the student's school in those subject areas where the student failed to achieve a passing score on the State Board competency test.
● Failure to meet eligibility requirements - Appeal:
■ If a student is not eligible for the standards assessment score augmentation due to failure to:
⇒ Have taken the State Board competency test at every administration when the pupil was eligible to take the test after August 12, 2005. An appeal, following the procedures indicated below, may be requested in which the student or parent shall have the burden of demonstrating what circumstances prevented compliance with this requirement. An appeal should be granted only upon presentation of credible evidence that extreme circumstances made the student ineligible for each State Board competency test administration the student did not attend.
⇒ Have participated in any academic remediation program available in the student's school in those subject areas where the student failed to achieve a passing score on the State Board competency test. An appeal, following the procedures indicated below, may be requested in which the student or parent shall have the burden of demonstrating what circumstances prevented compliance with this requirement. An appeal should be granted only upon presentation of credible evidence that the student participated in a least one state or school sanctioned remediation program in those subject areas where that student failed to achieve a passing score on the State Board competency test.
● Appeal procedure:
■ If a senior student fails a subject matter competency test, that student may request an appeal by submitting a petition form prepared by the District to the high school principal within ten (10) days of being notified of failure to achieve "Meets the Standard" on any section of the State Board competency test. The principal shall be the hearing authority for all appeals.
■ School officials shall provide adequate notice to the pupil and the pupil's parents or guardians regarding the date, time, and place of the appeal. A pupil or a pupil's representative may participate in the appeal either personally, by telephone, or by providing written documentation.
■ The student or parent shall have the burden of demonstrating what circumstances prevented compliance with the requirements.
■ An appeal shall be granted only (see Suggested Basis for Appeal below):
⇒ Upon presentation of credible evidence that extreme circumstances made the student ineligible for each State Board competency test administration the student did not attend.
⇒ Upon presentation of credible evidence that the student participated in a least one (1) state or school sanctioned remediation program in those subject areas where that student failed to achieve a passing score on the State Board competency test.
■ The response to the appeal shall be in writing within five (5) days of the appeal hearing.
■ The decision of the principal is final.
Suggested Basis for Appeal
A student who has not satisfied the requisites of A.A.C R7-2-602.6 (C)(2) and/or (3) to qualify for the alternative graduation requirement may appeal the determination to the Governing Board when one (1) or more of the conditions listed below exist:
● The student was precluded from taking all available administrations of the AIMS assessment, or has not fully participated in the school's academic remediation program, due to a bona fide emergency. For the purpose of this policy a bona fide emergency is defined as a circumstance beyond the student's or the student's family's control. Examples of a bona fide emergency may include, but are not limited to the following:
■ The student's sudden serious illness or injury simultaneously with the assessment or remediation program offering as attested as affirmed by a licensed medical practitioner.
■ The sudden serious illness, injury, or death of an immediate member of the student's family, as defined in Board Policy GCCA, when such circumstance prevented the student's attendance for an assessment or a remediation program offering, and when affirmed by a licensed medical practitioner.
■ Weather or road conditions that interfered with the student's attendance at the assessment or remediation program offering when the condition was declared by or has been verified with appropriate public authorities.
■ A religious event of the student's and/or the student's family's faith when the student and/or the student's family have historically and consistently participated in the religious event in lieu of any other event occurring at the same time.
The school principal must have received from the student's parent(s) written, dated, and signed notification within twenty-four (24) hours, or as soon thereafter as is practicable, of any event the prevented the student from participating in the assessment or the remediation program offering. Notification by telephone or other means may temporarily suffice, but must be validated by a written, dated, and signed notification not less than fourteen (14) calendar days from the date of the event.
Other extreme and extraordinary circumstances may be considered for appeal by the Board when credible evidence is provided affirming actual occurrence of the extreme and extraordinary circumstance.
(Foreign Exchange Students)
The Governing Board may admit nonresident foreign students without payment of tuition or as it may otherwise prescribe. The District will not admit students who have graduated from their respective school systems.
The number of foreign exchange students shall not exceed one (1) foreign exchange student for each two hundred fifty (250) to three hundred fifty (350____________________ (______) to ____________________ (______) students enrolled in the school. Exceptions may be made by the Superintendent. In addition, students admitted under this policy must meet the conditions as outlined in A.R.S. 15-823.
The principal will review requests, and a decision will be made to allow or disallow admittance under this policy. The decision shall be final.
Exchange students who do not meet the conditions, pursuant to A.R.S. 15-823 and as outlined above, may be admitted on a tuition basis, following approval by the principal.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-823
EXHIBIT
GRADUATION REQUIREMENTS
ALTERNATIVE GRADUATION REQUIREMENTS
APPEAL FORM
Appeal procedure:
● The student may request an appeal by submitting a request on a petition form prepared by the District to the high school principal within ten (10) days of being notified of failure to achieve "Meets the Standard" on any section of the State Board competency test. The principal shall be the hearing authority for all appeals.
● School officials shall provide adequate notice to the pupil and the pupil's parents or guardians regarding the date, time, and place of the appeal. A pupil or a pupil's representative may participate in the appeal either personally, by telephone, or by providing written documentation.
● The student or parent shall have the burden of demonstrating what circumstances prevented compliance with the requirements.
● An appeal shall be granted only:
■ Upon presentation of credible evidence that extreme circumstances made the student ineligible for each State Board competency test administration the student did not attend.
■ Upon presentation of credible evidence that the student participated in at least one (1) state or school sanctioned remediation program in those subject areas where that student failed to achieve a passing score on the State Board competency test.
● The response to the appeal shall be in writing within five (5) days of the appeal hearing.
● The decision of the principal is final.
Date: ______________________
Student Name: ________________________________ Grade: ____________
Projected Graduation Date: _______________________
Parent/Guardian Name: ______________________________________________
Requirement(s) being appealed: (check one [1] or both boxes if applicable)
◻ Has not taken the AIMS assessment each time the test was offered.
◻ Has not participated in at least one (1) available academic remediation program as described:
Based on the box(es) checked above, provide evidence to support your appeal. Evidence must demonstrate "extreme circumstances" causing an inability to meet the augmentation requirements.
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
_______________________________________ _________________________
Signature Date
REGULATION
ADMISSION OF EXCHANGE
AND FOREIGN STUDENTS
The District will not admit students who have graduated from their respective school systems.
Preference will be given to sponsoring organization(s) that have representative(s) living in Flagstaffin _______________.
The host families of foreign exchange students who attend District schools must reside within the attendance area of the school that will be attended.
High school diplomas will not be awarded. A certificate of achievement / attendance may be awarded at the graduation commencement when appropriate.
Sponsoring organizations must provide evidence that each student has sufficient oral and reading proficiency in the English language to assure profitable educational and social experiences during the exchange year.
Each foreign student should plan to attend a District school for the school year, not for a single semester or a partial school year. Exceptions may be approved by the principal.
Each school may determine whether it is a requirement for host families to have teen-agers who attend the host school.
The District does not provide foreign students with financial assistance for such things as class rings, yearbooks, activity cards, or lunches.
Each school shall designate a person (school coordinator) to be the contact between the school and the sponsoring organization, to the host family and the District office.
EXHIBIT
GRADUATION REQUIREMENTS
AUGMENTATION POINTS CALCULATIONS
Threshold Determination
Multiply "Meets the Standard" for each section of the State Board competency test by the factor .95 to determine the score that must be met at a minimum before the augmentation procedure may be completed.
Calculation of Augmentation points to be used for each competency test section failed when the threshold is met.
Only classes that satisfy the specifically required subject matter credits by the State Board for graduation shall be included in the calculation of the augmentation score. Use the highest grades earned or if advanced placement/honors courses the grade credited with the most points per R7-2-302.09(E)(b & c).
Credits
Additional
Course Name Grades (1)(2) Points
1) ___________________________ ________________ ________________
English or ESL
1) ___________________________ ________________ ________________
English or ESL
1) ___________________________ ________________ ________________
English or ESL
1) ___________________________ ________________ ________________
English or ESL
1) ___________________________ ________________ ________________
US and AZ History
.5) ___________________________ ________________ ________________
US and AZ Government
.5) ___________________________ ________________ ________________
Economics
1) ___________________________ ________________ ________________
World History/Geography
1) ___________________________ ________________ ________________
Mathematics
1) ___________________________ ________________ ________________
Mathematics
1) ___________________________ ________________ ________________
Mathematics
1) ___________________________ ________________ ________________
Mathematics
1) ___________________________ ________________ ________________
Science
1) ___________________________ ________________ ________________
Science
1) ___________________________ ________________ ________________
Science
1) ___________________________ ________________ ________________
Fine Arts or Vocational Education
TOTAL of * credits Total added points (_______________)
Total added points divided by * equals
Average Additional Points per Credit _______________
Average Additional (Pupil's Original Augmentation
Points per Credit times Score, by Section) equals Points
100
Augmentation points may be added to the highest score on each section of the State Board competency test that the student may have taken.
If the augmented score of the student exceeds the passing score on the competency test, the student shall be considered to have passed the competency test in that area for graduation purposes.
(1)Advanced Placement or Honors
A equals twenty-five (25) times credits equals points
B equals twenty (20) times credits equals points
C equals fifteen (15) times credits equals points
D or F equals zero (0)
(2) Other eligible grades
A equals twenty (20) times credits equals points
B equals fifteen (15) times credits equals points
C equals twelve (12) times credits equals points
D or F equals zero (0)
* See R7-2-302.09(E)(b and c).
(Academic Credit Transfer)
Academic credit for students who transfer from private or public schools shall be determined on a uniform and consistent basis.
Elementary
Academic credit for placement in the common school subjects and grades shall be based upon teacher recommendations and previous grade level assignments subject to the determination that the student can meet the standards adopted by the State Board of Education for the grade level assignment.
Credit for Graduation Requirements
Core credit for purposes of this policy shall be the units of credit specifically named as required for graduation by the State Board of Education in R7-2-302.02.
The District may evaluate the transcripts of transfer students for the assignment of credit pursuant to Section 15-701.01.
The School District shall provide to a pupil who transfers credit from a charter school, school district or Arizona online instruction a list that indicates which credits have been accepted as either elective or core credits by the School District.
Within ten (10) school days after receiving the list, a pupil may request to take an examination in each particular course in which core credit has been denied. The School District shall accept the credit as a core credit for each particular course in which the pupil takes an examination and receives a passing score on a test, aligned to the competency requirements adopted pursuant to this section, designed and evaluated by a teacher in the School District who teaches the subject matter on which the examination is based.
The School District may not charge a fee to a pupil who takes an examination in a particular course to obtain academic credit, pursuant to section 15-701.01, subsection i, from the School District if the academic credit for a course was previously earned in an Arizona online instruction course or at any public school in this state. Any test administered pursuant to this subsection shall be an assessment that is aligned to the course relevant state academic standards.
If a pupil is enrolled in the School District and that pupil also participates in Arizona online instruction between May 1 and July 31, the School District shall not require proof of payment as a condition of the School District accepting credits earned from the online course provider.
All core credit courses must meet the standards adopted by the State Board of Education where such standards exist. Where standards have not been adopted by the State Board of Education, core credit courses must meet the standards established for the school to which the student has requested a transfer of credit.
Adopted: September 12, 2017date of Manual adoption
LEGAL REF.:
A.R.S.
1-701
15-189.03
15-701.01
15-745
15-808
A.A.C.
R7-2-302.02
CROSS REF.:
JG - Assignment of Students to Classes
This policy is intended to direct compliance with Arizona State Laws and Arizona Administrative Code and the McKinney-Vento Homeless Education Assistance Improvements Act of 2001, as amended by the Every Student Succeeds Act (ESSA) of 2015, and should be read as consistent with those documents.
The implementation of this policy shall assure that:
A. homeless students are not stigmatized or segregated on the basis of their status as homeless;
B. homeless students are immediately enrolled in their school of origin or school of residence;
C. transportation is provided to and from the school of origin for the homeless student as applicable and found in the law and Policy JFAA.
Definitions
The term "homeless students" means individuals who lack a fixed, regular, and adequate nighttime residence and includes:
A. students who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; are abandoned in hospitals;
B. students who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings;
C. students who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and
D. migratory students who qualify as homeless because the children are living in circumstances described above.
The term "school of origin" means the school that the student attended when permanently housed or the school in which the student was last enrolled, including preschool.
The term "unaccompanied youth" includes a homeless child or youth not in the physical custody of a parent or guardian.
Liaison for Homeless Students
The Superintendent will designate an appropriate staff person of authority as liaison for homeless students who will carry out duties as assigned. Among those duties will be the responsibility to coordinate activities and programs in the best interest of homeless students that will include, but not be limited to, establishment of procedures to:
A. continue the student's education in the school of origin for the duration of homelessness:
1. in any case in which a family becomes homeless between academic years or during an academic year; or
2. for the remainder of the academic year, if the student becomes permanently housed during an academic year; or
B. Enroll the student in any public school that nonhomeless students who live in the attendance area in which the student is actually living are eligible to attend.
Best Interest of the Homeless Student
In determining the best interest of the homeless student, the school shall:
A. To the extent feasible, keep a homeless student in the school of origin, except when doing so is contrary to the wishes of the student's parent or guardian;
B. Provide a written explanation, including a statement regarding the right to appeal, to the homeless student's parent or guardian, if the homeless student is sent to a school other than the school of origin or a school requested by the parent or guardian; and
C. In the case of an unaccompanied youth, the liaison for homeless students shall assist in placement or enrollment decisions, considering the views of such unaccompanied youth, and providing notice to such student of the right to appeal.
Other Relevant Policies
and Procedures
Implementation of the McKinney-Vento Act requires the coordination with a number of policies and procedures. These policies and procedures are listed below as cross referenced and are incorporated in this policy and these procedures by such reference.
Enrollment preference may be given to children who are in foster care.
Adopted: August 28, 2017date of Manual adoption
LEGAL REF.:
A.R.S.
15-816 through 15-816.07
15-821
15-823 through 15-825
42 U.S.C. 11301, McKinney-Vento Homeless Assistance Act of 2001,
as amended by the Every Student Succeeds Act (ESSA) of 2015
CROSS REF.:
EEAA - Walkers and Riders
IKEB - Acceleration
JF - Student Admissions
JFAA - Admission of Resident Students
JFAB - Admission of Nonresident Students
JFB - Open Enrollment
JG - Assignment of Students to Classes and Grade Levels
JLCB - Immunizations of Students
JLH - Missing Students
JR - Student Records
JRCA - Request for Transfer of Records
REGULATION
ADMISSION OF HOMELESS STUDENTS
Admission
The school selected by the homeless student shall immediately admit the homeless student, even if the student is unable to produce records normally required for enrollment, such as previous academic records, medical records, proof of residency, or other documentation.
The enrolling school shall immediately contact the school last attended by the student to obtain relevant academic and other records.
If the student needs to obtain immunizations, or immunization or medical records, the enrolling school shall immediately refer the parent or guardian of the student to the liaison for homeless students, who shall assist in obtaining necessary immunizations, or immunization or medical records.
Admission Disputes
If a dispute arises over school selection or enrollment in a school:
● TheA. The student shall be immediately admitted to the school in which enrollment is sought, pending resolution of the dispute;
● theB. the parent or guardian of the student shall be provided with a written explanation of the school's decision regarding school selection or enrollment, including the rights of the parent, guardian, or student to appeal the decision;
● theC. the student, parent, or guardian shall be referred to the liaison for homeless students, who shall carry out the dispute resolution process as expeditiously as possible after receiving notice of the dispute in accord with the procedure found in the Arizona State Plan; and
● inD. in the case of an unaccompanied youth, the liaison for homeless students shall ensure that the student is immediately enrolled in school pending resolution of the dispute.
Enrollment Decision
The decision regarding enrollment shall be made regardless of whether the student lives with the homeless parents or has been temporarily placed elsewhere.
EXHIBIT
ADMISSION OF HOMELESS STUDENTS
NOTICE
In accordance with the McKinney-Vento Homeless Assistance Act of 2001, 722 (e)(3)(C), as amended by the Every Student Succeeds Act (ESSA) of 2015 the parent or guardian (student if unaccompanied) is to receive and acknowledge notice of the rights set forth below.
The parent or guardian of a homeless student (student if unaccompanied) has the right to:
A. Continue the student's education in the school of origin for the duration of homelessness:
1. in any case in which a family becomes homeless between academic years or during an academic year; or
2. for the remainder of the academic year, if the student becomes permanently housed during an academic year; or
B. Enroll the student in any public school that nonhomeless students who live in the attendance area in which the student is actually living are eligible to attend.
C. Appeal if the homeless student is sent to a school other than the school of origin or a school requested by the parent or guardian;
D. Enroll in, and have full and equal opportunity to succeed in school without being segregated from the nonhomeless student population;
E. Receive educational services for which such families and students are eligible, including:
1. Transportation services, meals programs;
2. Head Start and Even Start programs and preschool programs administered by the School; and
3. referrals to health care and immunization services, dental services, mental health services, and other appropriate services.
F. Identification or service without being stigmatized as homeless by school personnel;
A parent or guardian (student if unaccompanied) may contact the State Coordinator for Education of Homeless Children and Youths at;
The Arizona Department of Education
1535 W Jefferson
Phoenix, AZ 85007
Telephone: (602) 542-4963
A parent or guardian (student if unaccompanied) may contact the District Liaison for Homeless Children and Youths at;
Flagstaff Unified School District
Attn: Lucy Garcia, Grades K-5
Attn: Steph Sivak, Grades 6-12
3285 E. Sparrow Ave.
Flagstaff, AZ 86004
Telephone: (928) 774-1103
E-mails: lgarcia@fusd1.org
ssivak@fusd1.org
______________________________
______________________________
______________________________
Telephone: ____________________
E-mail: ________________________
The District Liaison for Homeless shall ensure that the parent or guardian of a homeless student, and any unaccompanied youth is:
A. assisted in accessing transportation to the selected school;
B. provided assistance in exercise of the right to attend the school of choice and other necessary services; and
C. provided the above information in a manner and form understandable to the recipient and if necessary and to the extent feasible, in the native language of the recipient.
The signature below indicates that the signatory has received and understands this information on rights.
_____________________________________ __________________________
Signature of Parent, Legal Guardian Date
(or unaccompanied student)
One (1) copy to signatory and one (1) to the liaison officer file.
EXHIBIT
ADMISSION OF HOMELESS STUDENTS
LIAISON POSITION
The School shall designate a liaison for homeless students and, in conjunction with the state coordinator, shall inform school personnel, service providers, and advocates working with homeless families of the duties of the School liaison.
The School liaison for homeless students shall ensure that:
● homelessA. homeless students are identified by school personnel and through coordination activities with other
entities andentities and agencies;
● homelessB. homeless students enroll in, and have full and equal opportunity to succeed in, the District's schools;
● homelessC. homeless families and students receive educational services for which such families and students are eligible,
includingincluding:
■ Head1. Head Start and Even Start programs and preschool programs administered by the School, and
■ referrals2. referrals to health care and immunization services, dental services, mental health services, and
other appropriateother appropriate services;
● theD. the parents or guardians of homeless students are informed of the educational and related
opportunities availableopportunities available to their children and are provided with meaningful opportunities to participate in the
education of theireducation of their children;
● publicE. public notice of the educational rights of homeless students is disseminated where such students
receive servicesreceive services under the Homeless Assistance Act, such as:
■ schools1. schools;
■ family2. family shelters; and
■ soup3. soup kitchens;
● disputesF. disputes over school selection or enrollment in a school are mediated in a manner that:
■ immediately1. immediately admits the student to the school in which enrollment is sought, pending resolution of
the disputethe dispute,
■ provides2. provides the parent or guardian of the student with a written explanation of the school's
decision regardingdecision regarding the school selection or enrollment, and informs the parent, guardian, or student of
the rightsthe rights to appeal the decision,
■ expeditiously3. expeditiously carries out the dispute resolution process after receiving notice of the dispute, and
■ in4. in the case of an unaccompanied youth, ensures that the student is immediately enrolled in
school pendingschool pending resolution of the dispute;
● theG. the parent or guardian of a homeless student, and any unaccompanied youth, is fully informed of
all transportationall transportation services, including arrangements for transportation to the school of origin;
● theH. the parent or guardian of a homeless student, and any unaccompanied youth, is assisted in
accessing transportationaccessing transportation to the selected school.
As a part of the duties, the School liaison for homeless students will coordinate and collaborate with state coordinators and community and school personnel responsible for the provision of education and related services to homeless students.
Test scores may provide a record of each student's academic progress in comparison with national norms.
Test scores will be maintained as a part of the student's educational record. Such permanent record will be sent to another school system upon request of the school or the parent upon transfer of the student.
No individual or unauthorized agency outside the school system will be permitted to have access to a student's test record or permanent record without written permission from the parent, or from the student if eighteen (18) years of age.
The parent may have access to the test record of a student under age eighteen (18) by making an appointment with the principal's office.
Adopted: date of manual adoption
LEGAL REF.:
A.R.S.
15-141
The District has an open-enrollment program as set forth in A.R.S. 15-816 et seq. The open enrollment program described in this policy shall be placed on the District website and made available to the public on request.
No tuition shall be charged for open enrollment, except as authorized by applicable provisions of A.R.S. 15-764, 15-797, 15-823, 15-824, and 15-825.
Definitions
Resident transfer pupil means a resident pupil who is enrolled in or seeking enrollment in a school that is within the school district - but outside the attendance area - of the pupil's residence.
Nonresident pupil means a pupil who resides in this state and who is seeking enrollment in a school district other than the school district in which the pupil resides.
Enrollment Options
District resident pupils may enroll in another school district or in another school within this District. Resident transfer pupils and nonresident pupils may enroll in schools within this District, subject to the procedures that follow.
Information and Application
The Superintendent shall prepare a written information packet concerning the District's application process, standards for acceptance or rejection, and policies, regulations, and procedures for open enrollment. The packet will be made available to everyone who requests it.
The information packet shall include the enrollment application form . and shall advise applicants that they must submit enrollment applications on or before ________________ of each year to be considered for enrollment during the following school year.
Capacity
The Superintendent shall annually estimate how much excess capacity may exist to accept transfer pupils. The estimate of excess capacity shall be made for each school and grade level and shall take into consideration:
A. District resident pupils in assigned school attendance areas, including those issued certificates of educational convenience and those required to be admitted by statute.
B. The enrollment of eligible children of persons who are employed by the District.
C. Resident transfer pupils who were enrolled in the school the previous year.
D. Nonresident pupils who were enrolled in the school the previous year.
The Governing Board shall make the final determination of excess capacity and may require resident transfer pupils and/or nonresident pupils to be subject to the enrollment priorities and procedures found below. The excess-capacity estimates shall be made available to the public in ______________ of each year.
Enrollment Priorities
If the Governing Board has determined that there is excess capacity to enroll additional pupils, such pupils shall be selected on the basis of designated priority categories from the pool of pupils:
A. Who have properly completed and submitted applications; and
B. Who meet admission standards.
Enrollment priorities and procedures for selection shall be in the order and in accordance with the following:
A. Enrollment preference shall be given to resident transfer pupils who were enrolled in the school the previous year and any sibling who would be enrolled concurrently with such pupils. If capacity is not sufficient to enroll all of these pupils, they shall be selected through a random selection process adopted by regulation of the Superintendent.
B. Enrollment preference shall be given to nonresident pupils who were enrolled in the school the previous year and any sibling who would be enrolled concurrently with such pupils. If capacity is not sufficient to enroll all of these pupils, they shall be selected through a random selection process adopted by regulation of the Superintendent.
C. Enrollment preference shall be given to resident transfer pupils who were not enrolled in the school the previous year. If capacity is not sufficient to enroll all of these pupils, they shall be selected through a random selection process adopted by regulation of the Superintendent.
D. Enrollment preference shall be given to nonresident pupils who were not enrolled in the school the previous year. If capacity is not sufficient to enroll all of these pupils, they shall be selected through a random selection process adopted by regulation of the Superintendent.
Enrollment preference may be given to children who are in foster care.
Admission Standards
A school district may refuse to admit any pupil who has been expelled by any school district in this state from another educational institution or who is not in compliance with a condition of disciplinary action imposed by any other school or school district or with a condition imposed by the juvenile court shall not be admitted. Acceptance for enrollment may be revoked upon finding the existence of any of these conditions. the process of being expelled from another educational institution.
Notification
The District shall notify the emancipated pupil, parent, or legal guardian in writing by ____________________ whether the applicant has been accepted, placed on a waiting list pending the availability of capacity, or rejected. The District shall also notify the resident school district of an applicant's acceptance or placement on a waiting list. If the applicant is placed on a waiting list, the notification shall inform the emancipated pupil, parent, or legal guardian of the date when it will be determined whether there is capacity for additional enrollment in a school. If the pupil's application is rejected, the reason for the rejection shall be stated in the notification.
As provided by A.R.S. 15-816.07, the District and its employees are immune from civil liability for decisions relative to the acceptance or rejection of the enrollment of a nonresident student when the decisions are based on good faith application of this policy and the applicable statutory requirements and standards.
Transportation of Students Admitted
Through Open Enrollment
A resident transfer student is eligible for District transportation on routes within the attendance boundaries of the school to which the student has been accepted for open enrollment transfer. It is the responsibility of the parents or guardians of the resident transfer student to have the student at a designated pickup point within the receiving school's transportation area.
Nonresident open enrollment students are eligible for District transportation from a designated pickup point on a bus route serving the attendance area of the school to which the student has been admitted, or as may be otherwise determined by the District.
The District may provide transportation for open enrollment nonresident students who meet the economic eligibility requirements established under the national school lunch and child nutrition acts for free or reduced price lunches:
A. of not more than twenty (20) miles to and from:
1. the school of attendance, or
2. a pickup point on a regular District transportation route, or
3. for the total miles traveled each day to an adjacent district.
The District shall provide transportation for nonresident transfer students with disabilities whose individualized education program (IEP) specifies that transportation is necessary for fulfillment of the program:
A. of not more than twenty (20) miles to and from:
1. the school of attendance, or
2. a pickup point on a regular District transportation route, or
3. for the total miles traveled each day to an adjacent District.
Adopted: September 12, 2017district.
Exception
Should there be excess capacity remaining for which no applications were submitted by the date established, the Superintendent, upon approval by the Board, shall authorize additional enrollment of nonresident pupils:
A. Up to the determined capacity.
B. On the basis of the order of the completed applications submitted after the notification date established in this policy.
C. Without regard to enrollment preference.
D. As long as admission standards are met.
E. Whose applications are submitted by ___________________________.
Adopted: date of Manual adoption
LEGAL REF.:
A.R.S.
8-371
15-764
15-797
15-816 et seq.
15-823
15-824
15-825
15-841
15-922
CROSS REF.:
EEAA - Walkers and Riders
IIB - Class Size
JF - Student Admissions
JFAA - Admission of Resident Students
JFAB - Admission of Nonresident Students
JFABD - Admission of Homeless Students
JG - Assignment of Students to Classes and Grade Levels
The District has an open-enrollment program as set forth in A.R.S. 15-816 et seq.
Definitions
Resident transfer pupil means a resident pupil who is enrolled in or seeking enrollment in a school that is within the school district - but outside the attendance area - of the pupil's residence.
The open enrollment program described in this policy shall be placed on the District website and made available to the public on request.
No tuition shall be charged for open enrollment, except as authorized by applicable provisions of A.R.S. 15-764, 15-797, 15-823, 15-824, and 15-825.
Definition
Nonresident pupil means a pupil who resides in this state and who is seeking enrollment in a school district other than the school district in which the pupil resides.
Enrollment Options
Subject to the provisions of this policy regarding school capacity, District resident pupils may enroll in another school district or in another school within this District. Subject to the provisions of this policy regarding school capacity resident transfer pupils and nonresident pupils . Nonresident pupils may enroll in schools within this District, subject to the procedures and availability of space as indicated in the following pagesthat follow.
Information and Application
Parents must agree to provide transportation to the transfer school, except as provided by law. If transportation cannot be worked out prior to the changing of schools, the request will not be approved.
All rules pertaining to the Arizona Interscholastic Association will be strictly enforced.
Recognizing that changing schools is disruptive to the student's academic progress, a second request or "change of mind" will be denied during the school year unless both principals agree that there is evidence that a second move would be in the best interest of the student.
Attendance and discipline files will follow the student to the new school and are cumulative throughout the student's high school years.
The Superintendent shall prepare a written information packet concerning the District's application process, standards for acceptance or rejection, and policies, regulations, and procedures for open enrollment. The packet will be made available to everyone who requests it.
The information packet shall include the enrollment application form .Applications must be submitted to the receiving school (the school you wish to attend) on or before April 30. If there is insufficient capacity, applicants will be selected by the lottery systemand shall advise applicants that they must submit enrollment applications on or before ________________ of each year to be considered for enrollment during the following school year.
Capacity
The Superintendent shall annually estimate how much excess capacity may exist to accept transfer pupils. The estimate of excess capacity shall be made for each school and grade level and shall take into consideration:
● District A. District resident pupils in assigned school attendance areas, including those issued certificates of educational convenience and those required to be admitted be admitted by statute.
● The B. The enrollment of eligible children of certificated employees. (In order to encourage qualified certificated employees to join the staff, children of certificated employees will be enrolled without payment of tuition.)● The size and condition of each school within the Districtpersons who are employed by the District.
C. Nonresident pupils who were enrolled in the school the previous year.
The Governing Board shall make the final determination of excess capacity. The excess-capacity estimates shall be made available to the public in ___________________ of each year.
Enrollment Priorities
If the Governing Board has determined that there is excess capacity to enroll additional pupils, such pupils shall be selected on the basis of designated priority categories from the pool of pupils:
● Who A. Who have properly completed and submitted applications; and
● Who B. Who meet admission standards.
Enrollment priorities and procedures for selection shall be in the order and in accordance with the following:
● Enrollment A. Enrollment preference shall be given to resident transfer nonresident pupils who were enrolled in the school the previous year. Students currently attending any school on an approved open enrollment attendance application (from now on referred to as a boundary exception) will be allowed to complete their program up to the logical programmatic break, kindergarten through grade five (K-5), grades six through eight (6-8) and grades nine through twelve (9-12). The District's approved magnet programs will continue to follow the regulations set out for magnet programs. These guidelines are available at those school sites and at the District officeyear and any sibling who would be enrolled concurrently with such pupils. If capacity is not sufficient to enroll all of these pupils, they shall be selected through a random selection process adopted by regulation of the Superintendent.
B. Enrollment preference shall be given to nonresident pupils who were not enrolled in the school the previous year. If capacity is not sufficient to enroll all of these pupils, they shall be selected through a random selection process adopted by regulation of the Superintendent.
Enrollment preference may be given to children who are in foster care.
Admission Standards
A school district may refuse to admit any pupil who has been expelled by any school district in this state from another educational institution or who is not in compliance with a condition of disciplinary action imposed by any other school or school district or with a condition imposed by the juvenile court shall not be admitted. Acceptance for enrollment may be revoked upon finding the existence of any of these conditions.
A school shall not admit a pupil if the admission of the pupil would violate the provisions of a court order of desegregation or agreement by a school or district with the United States Department of Education Office for Civil Rights directed toward remediating alleged or proven racial discrimination.
the process of being expelled from another educational institution.
Notification
The District shall notify the emancipated pupil, parent, or legal guardian in writing by June 1 ____________________ whether the applicant has been accepted, placed on a waiting list pending the availability of capacity, or rejected. The District shall also notify the resident school district of an applicant's acceptance or placement on a waiting list. If the applicant is placed on a waiting list, the notification shall inform the emancipated pupil, parent, or legal guardian of the date when it will be determined whether there is capacity for additional enrollment in a school. If the pupil's application is rejected, the reason for the rejection shall be stated in the notification.
As provided by A.R.S. 15-816.07, the District and its employees are immune from civil liability for decisions relative to the acceptance or rejection of the enrollment of a nonresident student when the decisions are based on good faith application of this policy and the applicable statutory requirements and standards.
Transportation of Students Admitted
Through Open Enrollment
A resident transfer student is eligible for District transportation on routes within the attendance boundaries of the school to which the student has been accepted for open enrollment transfer. It is the responsibility of the parents or guardians of the resident transfer student to have the student at a designated pickup point within the receiving school's transportation area.
Nonresident open enrollment students are eligible for District transportation from a designated pickup point on a bus route serving the attendance area of the school to which the student has been admitted, or as may be otherwise determined by the District.
The District may provide transportation for open enrollment nonresident students who meet the economic eligibility requirements established under the national school lunch and child nutrition acts for free or reduced price lunches:
A. of not more than twenty (20) miles to and from:
1. the school of attendance, or
2. a pickup point on a regular District transportation route, or
3. for the total miles traveled each day to an adjacent district.
The District shall provide transportation for nonresident transfer students with disabilities whose individualized education program (IEP) specifies that transportation is necessary for fulfillment of the program:
A. of not more than twenty (20) miles to and from:
1. the school of attendance, or
2. a pickup point on a regular District transportation route, or
3. for the total miles traveled each day to an adjacent district.
Exception
Should there be excess capacity remaining for which no applications were submitted by the date established, the Superintendent, upon approval by the Board, shall authorize additional enrollment of nonresident pupils:
● Up A. Up to the determined capacity.
● On B. On the basis of the order of the completed applications submitted after the notification date established in this policy.
● Without C. Without regard to enrollment preference.
● As D. As long as admission standards are met.
E. Whose applications are submitted by ___________________________.
Adopted: February 22, 2011date of Manual adoption
LEGAL REF.:
A.R.S.
8-371
15-764
15-797
15-816 et seq.
15-823
15-824
15-825
15-841
15-922
CROSS REF.:
EEAA - Walkers and Riders
IIB - Class Size
JF - Student Admissions
JFAA - Admission of Resident Students
JFAB - Admission of Nonresident Students
JFABD - Admission of Homeless Students
JG - Assignment of Students to Classes and Grade Levels
REGULATION
OPEN ENROLLMENT
The open enrollment regulations were suspended for the 2010-2011 school year. The following regulation will apply beginning in the 2011-2012 school year.
The District has an open-enrollment program as set forth in A.R.S. 15-816 et seq.
Selection Process
All applicants will be accepted if there is sufficient capacity. If there is insufficient capacity, applicants will be selected from the submitted applications for enrollment in a school in accordance with a random selection process except where policy may indicate otherwise. After May 1___________, pupils shall be selected by the lottery process defined below and on the Open Enrollment Applicationfor enrollment from the waiting list in the order in which the pupils were placed on the waiting list through the random selection process, or as otherwise provided by policy.
Procedure
The procedure for selection shall be as follows:
● The applicants will be divided by priority categories and have their names placed on separate pieces of paper of paper and the papers placed in a container. Names will be drawn by priority categories and numbered in the order in numbered in the order in which they are drawn. All applications properly submitted will be drawn and numbered for numbered for enrollment consideration. The applicants whose names are selected in order, up to the capacity limitations capacity limitations established, shall be permitted to enroll in the school. All others drawn will be placed on a waiting a waiting list with priority in accord in accord with the lowest number. Parents are encouraged to be present at the drawing.
EXHIBIT
OPEN ENROLLMENT
BOUNDARY EXCEPTION APPLICATION
According to Arizona state law, out of boundary exceptions will be approved only if space or program is available at the receiving school. If attendance and/or tardies become a problem, the school reserves the right to rescind this boundary exception.
All rules pertaining to the Arizona Interscholastic Association will be strictly enforced. The student must understand the rules of eligibility before signing this agreement.
Recognizing that changing schools is disruptive to the student's academic progress, a second request or a "change of mind" will be denied during the school year unless the principals agree that there is evidence that a second move would be in the best interest of the student.
Attendance and discipline files will follow the student to the receiving school and are cumulative throughout the student's high school career.
I have read and understand the above conditions and I will support these conditions in order to receive permission upon approval to attend school outside my home attendance area.
ATTENDANCE APPLICATION
File this application at the School District office
Student's name _________________________________________________
Last First M.I.
Current grade _____ Birth date ______ Birth date ____ Home phone ______________
Work phone ________Parent/Legal Guardian Name ______________ Message phone _______________
Parent's name __________________________________________________
Last Last First First M M.I.
Home address __________________________________________________
Street City Zip
Home phone E-mail address ___________ ?Work phone __________ Cell phone _____________________________
The above-named student: ◻ o resides outside the School District; or
◻o resides within the School District
Present school of attendance
School _________________________ District ________________________
City ___________________________ County ________________________
Request assignment to ____________________________________ School
Did above named student have open enrollment (boundary exemption)
at requested assignment during 2009-10 school year ◻ Yes ◻ No
Is the above-named student:
◻o Yes ◻ No Expelled o No Expelled or long-term suspended from any school or school district?
◻o Yes ◻ No Currently o No Currently subject to expulsion or long-term suspension from a school or schoolschool
district or school district?
◻ Yes ◻ No ◻ N/A In o Yes o No o N/A In compliance with conditions imposed by a juvenile court?
◻ Yes ◻ No ◻ N/A In o Yes o No o N/A In compliance with a condition of disciplinary action in any school or schoolany
district school or school district?
Note: The following conditions apply to the boundary exception open-enrollment program:
1. An attendance application must be completed and submitted on or before __________.
2. Enrollment is subject to the capacity limit established for the school and/or its grade levels.2
3. Parents or legal guardians must agree to provide transportation to the receiving school except
as provided by law.
3. A student's athletic eligibility does not automatically transfer to the receiving school after ninth
(9th) grade. Students must apply separately for transfer of athletic eligibility.
4On or before ________, the parent or legal guardian will be notified in writing whether the application has been accepted, rejected, or placed on a waiting list.
4. Transportation for the student may be the responsibility of the parent or legal guardian.
5. Providing false information on this form may result in the application being denied or
admission admission being revoked.
The signatory affirms that the student will abide by the rules, standards, and policies of the school and the District if enrolled.
___________________________________ _________________________
Signature of Parent or Legal Guardian Date
FOR DISTRICT USE
ONLY s
ONLY *** DO NOT WRITE BELOW THIS LINE
____________________
Date stamp_________________
◻ Accepted ◻ Placed on waiting list
◻ Rejected - Reason for rejection Attendance School Name___________________
________________
Student number ____________________ Date stamp _____________________
Attendance School Principal _____________________________ _________
Signature Date
Receiving School Name __________________________________________
Receiving School Filing Date
o Accepted o Placed on waiting list Principal _______________________________ _________
Signature DateDate copy sent to applicant:
o Rejected - Reason for rejection ______________________________By: _____
Copies sent by school to applicant and Superintendent's office.
Date sent ____________________________________________Copy for: Attendance School Receiving School Student
Pursuant to the Unsafe School Choice Option of the No Child Left Behind Every Student Succeeds Act of 20012015, funding under the Elementary and Secondary Education Act for the State is contingent upon the adoption and enforcement of an unsafe school choice policy. The State policy must require that a student attending a persistently dangerous public elementary school or secondary school, as determined by the State in consultation with a representative sample of local educational agencies, or who becomes a victim of a violent criminal offense, as determined by State law, while in or on the grounds of a public elementary school or secondary school that the student attends, be allowed to attend a safe public elementary school or secondary school within the local educational agency, including a public charter school.
Definitions
General Definition of Persistently Dangerous School Label (Adopted by Arizona State Board). A persistently dangerous school is a school with recurring violent and/or dangerous crime that continues over time and does not use research based planning and prevention programming to ensure school safety.
The State, with a representative sample of local educational agencies, must determine which schools are persistently dangerous.
Definition of Victim of Violent Criminal Offense. A victim is an individual against whom the crime is committed as listed in a police report that is not unfounded or exceptionally cleared, or who is an immediate family member of a crime victim that has been killed or incapacitated.
Exhibit JFBA-E lists the laws that are considered Violent Criminal Offenses. These laws should be consulted to determine if the victim is eligible for the optional transfer to another school within the District or to a charter school.
Enrollment Options
Persistently Dangerous School Label
All students attending a public school that is classified by the State as a persistently dangerous school shall be notified of this label and be offered the opportunity to transfer to any school within the District that is not labeled persistently dangerous and contains the same grade level the student is eligible to attend or a charter school.
Victim of Violent Criminal Offense
Any student, while in or on the grounds of a public elementary school or secondary school that the student attends, who is subjected to a violent criminal offense as defined in Arizona law or who is an immediate family member of one who has been killed or incapacitated by such defined violent criminal offense shall be offered the opportunity to transfer to any school within the District that contains the same grade level the student is eligible to attend or a charter school.
Reports Required
The number of individuals using the individual transfer option should be reported to the Arizona Department of Education (ADE) each year in the format and form required.
Schools are to report violations of rules regarding dangerous weapons in the "Safe and Drug-Free Schools Report," which is an annual requirement for all public schools in Arizona and is due to ADE by June 30 each year. Additionally, referrals to law enforcement agencies for criminal offenses should be reported in the annual School Report Card.
Adopted: February 24, 2009date of Manual adoption
LEGAL REF.:
A.R.S.
15-341
13-3726
20 U.S.C. 9532, No Child Left Behind (6301 et seq., Every Student Succeeds Act of 2015
20 U.S.C. 7912, Unsafe School Choice )Option
CROSS REF.:
JC - School Attendance Areas
JG - Assignment of Students to Classes and Grade Levels
EXHIBIT
UNSAFE SCHOOL CHOICE
DEFINITIONS AND EXAMPLES
Definition of Violent
Criminal Offense
Violent crimes are defined in Title 13 of the Arizona Revised Statutes (A.R.S.).
A.R.S. Title 13 Definitions and listings of relevant violent crime follows:
13-901.03. Violent crimes: allegation; definition
B. For the purpose of this section, "violent crime" includes any criminal act that results in death or physical injury or any criminal use of a deadly weapon or dangerous instrument.
13-105. Definitions
6. "Crime" means a misdemeanor or a felony.
11. "Dangerous instrument" means anything that under the circumstances in which it is used, attempted to be used or threatened to be used is readily capable of causing death or serious physical injury.
13. "Deadly weapon" means anything designed for lethal use. The term includes a firearm.
29. "Physical injury" means the impairment of physical condition.
13-4401. Definitions
19. "Victim" means a person against whom the criminal offense has been committed, or if the person is killed or incapacitated, the person's immediate family or other lawful representative, except if the person is in custody for an offense or is the accused.
Offenses in Title 13 that Require an
Offer to Transfer to the Victim
These statutes would apply in the event the crime is an attempt and the victim does not die.
13-1102 Manslaughter. Class 2 felony.
13-1103 Negligent Homicide. Class 4 felony.
13-1104 Second Degree Murder. Class 1 felony.
13-1105 First Degree Murder. Class 1 felony.
Offenses in Title 13 that Require an
Offer to Transfer to the Victim
13-1201 Endangerment (with deadly weapon or dangerous instrument). Class 6 felony or Class 1 misdemeanor.
13-1203 Assault. Para (A)(1). (With physical injury). Class 1 misdemeanor.
13-1204 Aggravated Assault. Class 2-6 felony.
13-1205 Unlawfully Administering Intoxicating Liquors, Narcotic Drug, or Dangerous Drug. (With physical injury) Class 5 felony.
Narcotic Drug, or Dangerous Drug. (With physical injury) Class 5 felony.
13-1209 Drive by Shooting. Class 2 felony.
13-1304 Kidnapping. (A)(3) Class 2 felony.
13-1406 Sexual Assault. Class 2 felony.
13-1703 Arson of an Occupied Structure. Class 2 felony.
13-1902 Robbery. Class 4 felony.
13-1903 Aggravated robbery. Class 3 felony 13-1904 Armed Robbery. Class 2 felony.
13-2904 Disorderly Conduct. Involving a deadly weapon or dangerous instrument. Class 6 felony.
13-3102 Misconduct Involving Weapons (A)(9). Class 3 felony.
13-3103 Depositing Explosives. Class 4 felony.
13-3110 Misconduct Involving Simulated Explosive Devices. Class 1 misdemeanor.
13-3704 Adding Poison or Other Harmful Substance to Food, Drink or Medicine. Class 6 felony.
Specific Definition of Persistently
Dangerous School Label
(Adopted by Arizona State Board 6-26-06)
A persistently dangerous school is any school that has four (4) or more firearms brought to campus in the baseline analysis (2000-01 data) and an average of four (4) incidents of firearms brought to campus under the Gun Free School Act (with or without modification as allowed in the law) for school year (SY) 00-01 and SY 01-02, unless objective explanatory data or prevention data submitted by a school to the Arizona Department of Education (ADE) Student Services Division allows exemption. Schools that are identified as "persistently dangerous" will be required to provide all students with the option to transfer (within the District).
(Flag display and Daily
Pledge of Allegiance)
Each building shall purchase a United States flag, flagstaff, and appurtenances, display the flag upon or near the school building during school hours and at such other times as they direct, and set aside a specific time each day for students who wish to recite the pledge of allegiance to the United States flag.
Adopted: date of manual adoption
LEGAL REF.:
A.R.S.
15-506
A withdrawal form shall be presented to the parent or legal guardian of a student who may or must withdraw from school. The withdrawal form shall include space for the reason for withdrawal and the signature of an official of the school from which the student has withdrawn.
Reasons for withdrawal may include:
● Parents A. Parents or legal guardians moving from the District or to an area served by another school within the District.
● Parents B. Parents requesting the withdrawal of students who have passed their sixteenth birthday.
● Expulsion C. Expulsion or long-term suspension by the Board.
Upon withdrawal, the student shall check in all books and other District property through the office of the school that was attended.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-827
15-828
15-829
CROSS REF.:
JF - Student Admissions
The Governing Board is committed to maintaining a school campus environment that is safe and secure for all students. Dating abuse will not be tolerated by the District. Students who become targets of dating abuse are entitled to certain rights that shall be respected and protected by all school employees. It is the responsibility of all District employees to respond to any incident of dating abuse they become aware of in a manner consistent with District training.
The Superintendent shall provide for procedures to ensure appropriate steps are taken to establish and maintain safe and secure schools. These shall include but not be limited to:
A. an ongoing effort to enhance employee training and campus safety planning,
B. establishing reporting procedures, and
C. making accommodations for victims.
The Superintendent shall establish an age-appropriate dating abuse curriculum for students in grades seven (7) through twelve (12). That curriculum shall include the following components:
A. A definition of dating abuse.
B. The recognition of dating abuse warning signs.
C. The characteristics of healthy relationships.
Dating Abuse Definition
Dating abuse is a pattern of behavior in which one person uses or threatens to use physical, sexual, verbal, or emotional abuse to control the person's former or present dating partner. Behaviors used may include but are not limited to:
A. Physical Abuse: Any intentional, unwanted physical contact by either the abuser or an object within the abuser's control, regardless of whether such contact caused pain or injuries to the former or present dating partner.
B. Emotional Abuse: The intentional infliction of mental or emotional distress by threat, coercion, stalking, humiliation, destruction of self esteem, or other unwanted, hurtful verbal or nonverbal conduct toward the former or present dating partner.
C. Sexual Abuse: Any sexual behavior or physical contact toward the former or present dating partner that is unwanted and/or interferes with the ability of the former or present dating partner to consent or control the circumstances of sexual interaction.
D. Threats: The threat of any of the aforementioned forms of abuse, threat of disclosing private information to parents, peers, or teachers, or any other threat made with the intent of forcing the former or present dating partner to change his or her behavior.
Student Rights Relating to
Dating Abuse:
A. All students have the right to be free from sex discrimination and sexual harassment at school. Dating abuse is a form of sexual harassment.
B. A student who reports dating abuse shall be treated with respect and dignity.
C. Schools personnel shall take affirmative steps to prevent and respond to dating abuse that occurs both on and off campus.
D. To the extent possible victims and abusers shall be separated on campus. The school shall make every reasonable effort possible to ensure the victim does not come into contact with the abuser. Any burden of change of adjusting an individual's schedule or participation in a school activity is placed on the abuser.
E. A victim of dating abuse has the right to transfer to another school. A victim's decision to transfer to another school must be informed and voluntary. Should an alternative school placement be determined in the best interest of the victim all transportation needs will be accommodated by the student's parent or guardian.
F. A victim has the right to be treated with respect and dignity, and not be subjected to pressure to minimize the severity of acts that occurred or to suggestions that he or she contributed to his or her own victimization.
G. Students who have experienced dating abuse have the right to full cooperation from school personnel in obtaining information necessary to achieve resolution.
Students are encouraged to report all known or suspected instances of dating abuse involving themselves or other students. Although initial reports of abuse may be made verbally or in writing, verbal reports must be converted to written records on District-provided forms and confirmed by the victim for accuracy.
When District officials have a reasonable belief or an investigation reveals that a reported incident may constitute an unlawful act law enforcement authorities will be informed.
Adopted: date of Manual adoption
LEGAL REF.:
A.R.S.
13-1401
13-1403
13-1404
13-1405
13-1406
15-342.02
15-712.01
CROSS REF.:
ACA - Sexual Harassment
JII - Student Concerns, Complaints and Grievances
JK - Student Discipline
JKD - Student Suspension
JKE - Expulsion of Students
JLF - Reporting Child Abuse/Child Protection
JR - Student Records
KB - Parental Involvement in Education
Students who apply for admission to grades two (2) through twelve (12) on the basis of prior schooling outside the District will be placed initially at the grade levels they have reached elsewhere.
Assignment of a student to classes (classroom or subjects) shall be made based upon the student's grade-level assignment, completion of any prerequisites, student achievement, and any classroom limitations or class-size guidelines, in that order.
A student who enrolls in a kindergarten program or grades one (1) through twelve (12) after receiving instruction in a home school program shall be tested using State Board standards in order to determine the appropriate grade level for educational placement of the student.
The Superintendent shall establish procedures for guiding the review and assignment of students to classes and grade levels.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-342
15-745
CROSS REF.:
IKE - Promotion , and Retention and Acceleration of Students
IKEB - Acceleration
IKF - Graduation Requirements
JFB - Open Enrollment
REGULATION
DATING ABUSE
Complaint Procedure
The District is committed to investigating each substantiated complaint and to taking appropriate action on all confirmed violations of policy. The principal shall investigate and document complaints filed pursuant to this regulation. In investigating the complaint, the principal will maintain confidentiality to the extent reasonably possible. The principal shall also investigate incidents of policy violation that are raised by employees, community members or students even though no written complaint has been made. It is the responsibility of all District employees to respond to any alleged or known incident of dating abuse in a manner that is consistent with District training.
If after the initial investigation the principal has reason to believe a violation of policy has occurred, the principal shall determine the appropriate response. The principal shall impose discipline on students who violate this policy in accordance with Policies JK, JKD and JKE.
If the principal's investigation reveals no reasonable cause to believe policy has been violated, the principal shall so inform the complaining student.
Students have the responsibility to file a complaint as soon as possible but within thirty (30) days of the alleged incident. A staff member who becomes aware of a suspected or known dating abuse situation shall make a report to the principal immediately. The principal's investigation will be concluded within five (5) days of the receipt of the complaint.
Staff Training
School principals shall coordinate annual training as part of required professional development for all staff members. Components of this training will be provided to the principal by the District. The Superintendent will oversee the development of the staff training. The training shall include but not be limited to:
A. Review of Governing Board policy.
B. Responsibilities of school employees.
C. Characteristics and identification of dating abuse.
D. Accommodation of victim needs.
E. Crisis intervention and safety planning.
F. Reporting procedures.
G. Legal considerations.
Student Curriculum
An age-appropriate dating abuse curriculum established by the District will be presented to students in grades seven (7) through twelve (12). The curriculum shall include the following components:
A. A definition of dating abuse.
B. The recognition of dating abuse warning signs.
C. The characteristics of healthy relationships.
The Superintendent will oversee the initial and ongoing development of the curriculum. School principals shall oversee the presentation of the curriculum and work with instructional staff to ensure delivery of the curriculum meets District standards.
Documentation
Each school administrator shall maintain documentation of each case of dating abuse that is addressed. The documentation will be kept for a period of time in accordance with the records retention requirements established by the Arizona State Library, Archives and Public Records. Access to student files is governed by state and federal law. In accordance with the Family Education Rights and Privacy Act (FERPA), parents and legal guardians have a right to access their children's school records until the child turns eighteen (18), including files that involve dating abuse.
Reporting
Students are encouraged to report all known or suspected instances of dating abuse involving themselves or other students.
When District officials have a reasonable belief or an investigation reveals that a reported incident may constitute an unlawful act, law enforcement authorities will be informed.
REGULATION
ASSIGNMENT OF STUDENTS TO
CLASSES AND GRADE LEVELS
Elementary School
The principal will determine whether there should be any change in the grade-level placement of the student. In making such determination, the principal will be guided by teacher recommendations and consultation with the parent(s).
Assignment of a student to classes shall be the responsibility of the principal after consideration of the student's grade-level assignment, completion of any prerequisites, the student's achievement, and any classroom limitations or class-size guidelines.
High School
The principal shall establish the number of credits needed for a student to be placed at a particular grade level. The determination of grade level will be made based upon progress toward graduation requirements normally expected of a student to graduate in a four (4)-year period. Students will be assigned to grade levels based upon the credits earned and accepted by the District.
The principal of the high school will prepare a list of prerequisites for classes offered in the high school, specifically stating grade level and credit or achievement required before a pupil can take a specific class or subject. Also included shall be a statement of priority for assignment to a class or subject - with classroom limits based upon number of sections offered or scheduled - and/or the class-size guidelines. The list developed will be submitted to the Superintendent for approval. All subjects offered in the high school will be included in the list.
The principal of the high school will designate responsibility for determining the grade level and specific classes or subject assignment of a student. The assignments shall be made consistent with policy, regulations, and approved school guidelines.
EXHIBIT
DATING ABUSE
COMPLAINT FORM
(To be filed with any professional staff member who
will forward this document to the school administrator)
Please print:
Name _____________________________________ Date ______________
Address ________________________________________________________
Telephone _________ Another phone where you can be reached __________
During the hours of _______________________________________________
E-mail address __________________________________________________
I wish to complain against:
Name of person(s) ________________________________________________
Specify your complaint by stating the problem as you see it. Describe the incident, the participants, the background to the incident, and any attempts you have made to solve the problem. Be sure to include all relevant dates, times, and places. Additional pages may be attached if necessary.
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
If there is anyone who could provide more information regarding this complaint, please list name(s), address(es), and telephone number(s).
Name Address Telephone Number
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
The projected solution:
Indicate what you think can and should be done to solve the problem. Be as specific as possible.
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
I certify this information is correct to the best of my knowledge.
Signature of Complainant ___________________________ Date _________
Document received by ______________________________ Date _________
Investigating official ________________________________ Date _________
The regular school attendance of a child of school age is required by state law. Regular school attendance is essential for success in school; therefore, absences shall be excused only for necessary and important reasons. Such reasons include illness, bereavement, other family emergencies, and observance of major religious holidays of the family's faith.
In the event of a necessary absence known in advance, the parent is expected to inform the school no later than 9:00 a.m. on the day of the absence; if the absence is caused by emergency, such as illness, the parent is expected to telephone the school office. When a student returns to school following any absence, a note of explanation from the parent is required.
When Absent from School
State law mandates that the school record reasons for all student absences. Therefore, when a student is absent, it will be necessary for the parent to call the school no later than 9:00 a.m. on or before the day of the absence in order to advise the school as to the reason for the absence. When it is impossible to call on the day of the absence, the school should be notified on the morning the student returns, in time for the student to obtain an admission slip prior to the student's first class. All absences not verified by parental or administrative authorization will remain unexcused.
If a parent does not have access to a phone, either at home or at work, a note will be accepted for verification purposes.
For absences greater than one (1) day in length, notify the school as to the length should be notified each day of the absence.
All personnel will solicit cooperation from parents in the matter of school attendance and punctuality, particularly in regard to the following:
● The A. The scheduling of medical and dental appointments after school hours as reasonably as possible.● The except in cases of emergency.
B. The scheduling of family vacations (nonschool activities) during school vacation and recess periods.
The school may require an appointment card or a letter from a hospital /clinic, or other reasonable documentation excusing a student upon reasonable suspicion that the student's absence is unexcused or parental documentation is not available or clinic when the parent has not notified the school of an appointment of a medical or dental nature.
School administrators are authorized to excuse students from school for necessary and justifiable reasons.
Adopted: June 4, 2003date of Manual adoption
LEGAL REF.:
A.R.S.
15-346
15-802
15-806
15-807
15-843
15-873
15-902
CROSS REF.:
JE - Student Attendance
REGULATION
STUDENT ABSENCES AND EXCUSES
(Absence Notification)
Absence Records
Teachers will check and formally record attendance daily.
Teachers are responsible to account for all students assigned to their classes during official school hours. Discrepancies must be reported to the principal's office.
Students who are absent shall be reported to the office.
A daily master list of absences will be prepared from attendance reports sent to the office.
Absence Notification
If When an excuse or authorization of absence from the parent or person having custody of the student has not been provided to the school office, the school shall make a reasonable effort to promptly telephone and notify the parent parents or person persons having custody of a student upon the student's absence.
● Students A. Students in grades kindergarten (K) through six (6):
■ Within two (2) hours after the first class in which the student is absent.
● Students B. Students in grades seven (7) and eight (8):
■ Within 1. Within two (2) hours of an absence when the absence is from the student's first class of the day.
■ Within 2. Within five (5) hours of an absence from a class other than the student's first class of the day.
The District and its Board, employees, or agents are not liable for failure to notify.
Further, on or before the enrollment of a student in grades kindergarten (K) through twelve eight (128), the District shall notify parents /guardians or other persons who have custody of a student of their responsibility to authorize any absence of the student from school and to notify the school in advance or at the time of any absence. The District also requires that at least one (1) telephone number, if available, be given to the school office so that a "reasonable effort to notify by telephone" may be accomplished. This telephone number, if available, shall be provided at the time of enrollment of the student in the school. The parents or persons having custody of a student shall promptly notify the school of any change in this telephone number.
The District schools recognize the need for clearly stated policies and procedures relating to school attendance as necessary for the development of closer home-school cooperation.
The school will maintain records of all student absences.
Grades Kindergarten through
Five ( Project ATTEND)
School attendance is mandatory by law. Students may be excused for the following reasons: Medical provider excuse, death in the family, family emergency, religious commitment, diagnostic testing, school-sponsored activities, and extenuating circumstances or parental petitioned vacations agreed to by school administration. Extended absences due to medical conditions must be reported to the school nurse at the student's home school. Any student identified as having a chronic health condition verified by a physician is exempt from this regulation. For the purposes of this regulation, truancy is defined as absence without parental approval or knowledge. At the elementary level, three (3) tardies or three (3) occurrences of students leaving early (unexcused) will equal one (1) unexcused absence.
Failure to comply with this regulation means the absence will be considered "unexcused" and therefore subject to the District Elementary Project ATTEND guidelines. District administration and the Coconino County Attorney's office may choose to move towards prosecution for isolated situations of habitual truancy or for situations where students have had habitual truancy issues from one (1) year to the next.
The Arizona Revised Statute, A.R.S. 15-803, addresses student attendance in school and Project ATTEND is the plan developed to work with our students and parents to improve school attendance. A.R.S. 15-803 explains that students are able to be in school unless "the child is in such physical or mental condition that instruction is inexpedient or impractical." The steps in the Project ATTEND process are:
Step 1 - A letter is sent home by school administration. (Five [5] days unexcused absences or three [3] truancies.)
Step 2 - A letter is sent home by the Deputy County Attorney. (Seven [7] days unexcused absences or four [4] truancies.)
Step 3 - Student Attendance Review Team (SART) meeting will take place with the County Attorney's Office. Members will include parents, students, school administration and Deputy County Attorney. (Twelve [12] days unexcused absences or five [5] truancies.)
Step 4 - Referral to Coconino County Attorney's office if no improvement takes place after STEP 3.
These steps are progressive in nature, and if the student's attendance improves, the "next" step in the process will not be initiated. If a child is absent due to the circumstances listed above, it is vital that the parents contact the school as soon as possible. Every child's academic success is important to the District and the Coconino County Attorney's office. Regular attendance is one way to make success for each child a reality.
Grades Six through Twelve
Attendance will be taken/reported for each class period. Each teacher will clearly define the school's attendance and tardy policy expectations and hold students to those expectations.
The right and privilege of attending public school carries with it certain responsibilities on the part of both parents and students. Parents and students must recognize the direct relationship that exists between academic success and regular school attendance. Secondary school attendance is the joint responsibility of the student and the family in collaboration with each teacher. Non-attendance can result in academic failure. Therefore, students should remain out of school only when absolutely necessary because much of the classroom activity cannot be replicated; the benefit of lectures, discussion, and participation is lost forever to those who are absent. It must be emphasized that regular attendance is the key to much of the success a student may gain from the secondary school program.
If a student in grades six (6) through twelve (12) is absent from school without prior notice and the parents do not notify the school of the student's absence, the school's attendance staff shall make a reasonable effort to telephone or otherwise make contact with the parents/guardians, or other persons having custody of the student to ascertain the reason for the absence from school.
Absence. An absence is a student's nonattendance in the classroom during the assigned class period. Absences include, but may not be limited to:
● Personal illness.
● Family emergency/death.
● Professional appointment.
● Prearranged family trips and approved petitions.
● Out-of-school suspensions.
● Other verified absences (e.g., car trouble, missing the bus, oversleeping).
● Verified religious holidays. (See Policy JHCB [J-1900] for additional information about religious holiday absences.)
● School-excused activities. District and Arizona Interscholastic Association (AIA) activity guidelines will be followed for all school activity absences. The sponsor/students will be expected to inform all teachers in advance, and students will be expected to obtain assignments in advance. A student who is failing a class may be precluded from participating in the activity.
Students wishing to leave campus for any reason during the school day must have administrative and parental permission. The student must follow the appropriate check out procedures in the attendance office before leaving campus or the absence will be considered to be truancy.
Attendance marks are defined as any absence or tardy in any given class.
A student arriving late to class will be marked tardy and accrue an attendance mark for that period. Students must be in the classroom and prepared to work when the bell rings. Students arriving late to class create a significant distraction to their classmates and to the instructor, so students more than five (5) minutes late to any class without an excuse will be marked absent.
Any absence from class, excused or unexcused, will result in an attendance mark being registered against the student. Exceptions to the attendance mark policy may be made for suspension (in school or off campus) and administrative excused absences such as late bus, adverse weather, school activities or other applicable circumstances.
Attendance Probation
In the event that a student collects ten (10) attendance marks during a semester, that student will be placed on attendance probation in all of his/her registered classes for the balance of that semester. Formal, written notification will be sent via U.S. Mail to the parent or guardian of the student within five (5) school days of the student's placement on the attendance probation list. Should the student fail to appeal their attendance probation status or have their appeal denied, the class grade will show as, and carry the weight of an "F" on the permanent transcript. Students placed on attendance probation must continue to attend class and make academic progress.
An attendance probation appeal process will be organized at each school site. The process must include the following: a committee including teachers, one (1) administrator, a counselor and other people as appropriate, a submission deadline ten (10) or fewer days prior to the semester end date, an appeal committee meeting date after the submission date and prior to the semester end, minimum appeal content to include a persuasive essay written by the student and parent confirmation of notification receipt, written guidelines for committee to use to determine the granting or denial of individual appeals.
Students possessing and filing a Chronic Illness Form, signed by their physician and verified by the school nurse will be exempt for attendance probation. See Board Policy JHD for additional information regarding chronic illness procedures.
The counseling department of each school will have the ability to request "special circumstances" status for individual students. Those requests will be directed to the site principal or designated assistant principal. Upon administrative approval, a student granted "special circumstances" will be exempt from attendance probation.
Enrollment/Transfers
If a student transfers to another school in the District, the student's attendance record will accompany the student to the new school.
A student who enrolls in school after the tenth (10) day in a semester without transfer grades will be placed in a school or classes matching their academic abilities in order to earn credit toward graduation.
District and AIA-regulated activity guidelines will be followed for all school activity absences. If such regulations do not apply to the activity, and the student is failing any class, the student may be precluded from participating in the activity. Participation in school activities on weekends is based on Friday attendance. A student must attend Friday classes to be eligible to participate in weekend activities.
Procedures for students/teachers/attendance officers:
● Signing out and signing in. Departure from campus for any reason during school time shall require the student to sign out, with permission, in the attendance office. Failure to sign out or to sign in will result in the absence being recorded as a truancy.
● Petition for absence. If a student and the family find it necessary for the student to be absent from school because of a nonschool activity, the parents must notify the administration two (2) days prior to the absence. The student must then obtain a petition-for-absence form to obtain teachers' signatures and classwork assignments no later than 9:00 a.m. of the day of the absence. The form must be returned to the office before leaving school. Parents will be advised if the student is not doing well in school or if such absences can cause the student academic failure.
● School activity absences. If a teacher knows that it will be necessary for a student to be absent from school for a school activity, the teacher will:
■ Obtain a school-activity absence form from the attendance office.
■ List the students who will be absent.
■ Obtain an administrator's signature.
■ Give a copy to the attendance office at least forty-eight (48) hours prior to the activity.
● Teachers will turn in absences to the attendance office for a school activity, and will mark their grade books to show that the students were on a school activity. After the activity, it is the sponsor's responsibility to advise the faculty which students did not attend the activity, thereby allowing teachers to change their records from school-activity absence to regular absence. Teachers will then change what has been recorded on the attendance rosters.
● The teacher will make reasonable attempts to contact parents when a student has been absent. Contact will be made by telephone, progress reports, or other written communication. Parents are encouraged to contact the attendance office to verify student attendance at any time.
● In the case of chronic student absenteeism the teacher will work together with counselors and administrators to address the need of the student.
● Classwork for excused absences must be made up within time equal to the number of days of absence.
● Classwork cannot be made up if the absence is a truancy.
● Classwork must be accepted for full credit for absences resulting from out-of-school suspensions. Students are responsible for work missed during their suspensions. Makeup work will be sent for within the first two (2) days of suspension. Following their return, students will have one (1) day for each day missed to turn in work missed.
A child between the ages of six (6) and sixteen (16) failing to attend school during the hours school is in session is truant unless excused pursuant to A.R.S. 15-802, 15-803, or 15-901.
Truant means an unexcused absence for at least one (1) class period during the day. This includes absence from any class, study hall, or activity during the school day for which the student is scheduled.
Unexcused absence for at least five (5) school days within a school year constitutes habitual truancy. The Superintendent will establish procedures to identify and deal with unexcused absences, beginning with notification of parents. Continued violation may lead to discipline of the child and/or referral of the parent to a court of competent jurisdiction.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
8-201
15-802
15-803
15-804
15-805
15-841
15-843
CROSS REF.:
JEA - Compulsory Attendance Ages
Students at the school may be granted released time to attend religion classes near the school campus under the following conditions and guidelines:
● TheA. The person who has custody of the student has given written consent.
● AnyB. Any religious instruction or exercise takes place at a suitable place away from school property designated
by aby a church or religious denomination or group.
● ReleasedC. Released time shall not interfere with the student's normal schedule.
● AnyD. Any tardiness related to religious instruction will be unexcused.
● SchoolE. Religion classes may not be dropped prior to the end of the semester without approval by the Superintendent.
F. School credit will not be given for religion classes, nor will the course title be placed on the permanent
record ofrecord of the student.
● DisciplineG. Discipline problems, reporting to parents, and attendance and other procedures necessary to class
operation shalloperation shall be the responsibility of the religion class instructors or supervisors.
● ReligionH. Religion instructors shall be responsible for notifying parents when students violate attendance policies.
I. Changes in policies relating to religion classes must be reviewed by the school administration and the Governing Board.
J. The school administration shall have the responsibility of conferring with the appropriate church authorities in matters relating to this policy and, when deemed necessary, shall take appropriate action to see that such policies are followed.
K. The desirability and value of the released-time program will be evaluated annually by the school administration and the Governing Board.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-806
(Chronic Health Conditions)
The District will provide appropriate educational opportunities for any student identified by an appropriately certified health professional in the fields of psychiatry, psychology, podiatry, chiropractic medicine, naturopathic medicine, osteopathy, physician assistant, or registered nurse practitioner as having a chronic health condition requiring management on a long-term basis that will affect regular school attendance. Homework will be made available in a timely manner to ensure that such students have the opportunity to successfully complete assignments and avoid losing credit because of their absence from school. The assigned teacher(s) shall have the responsibility to provide, in a timely manner, homework for students designated as having chronic health conditions. Further, students with chronic health conditions shall be provided flexibility in physical education activity requirements so that they may participate in the regular physical education program to the extent that their health permits. Staff members responsible for physical education activities programs shall develop and implement such guidelines.
Nothing in this policy shall be construed to obstruct, interfere with or override the rights of parents or guardians concerning the education and health care of pupils with chronic health problems.
Nothing in this policy shall be construed to authorize school personnel to either:
● AuthorizeA. Authorize absences from school for a student with a chronic health problem without the prior consent of
the studentthe student's parent or guardian.
● RecommendB. Recommend, prescribe or provide medication to a student with a chronic health problem without the
prior consentprior consent of the student's parent or guardian.
The Superintendent shall develop regulations for meeting the requirements of this policy.
Adopted: March 12, 2013date of Manual adoption
LEGAL REF.:
A.R.S.
15-346
15-761
15-843
15-902
32-801 et seq.
32-900 et seq.
32-1401 et seq.
32-1501 et seq.
32-1601 et seq.
32-1800 et seq.
32-2501 et seq.
CROSS REF:
IHBF - Homebound Instruction
REGULATION
EXCLUSIONS AND EXEMPTIONS
FROM SCHOOL ATTENDANCE
(Chronic Health Conditions)
Identification/Referral Process
Staff members shall be informed of procedures to follow in serving "students with chronic health conditions." Teachers will review registration data and make note of any students who were previously served as students with chronic health conditions.
Registration forms, enrollment data, and attendance registers will identify certified students with chronic health conditions who are eligible for modified instructional services.
The screening procedures used to screen kindergarten students and new enrollees for possible referral to special education or compensatory programs will provide an indication of whether students with high absenteeism have health conditions that may be considered chronic if they are due solely to illness, disease, pregnancy complications, an accident or severe health problems of an infant child of a student. Students can be identified or referred at any time during the school year.
The person responsible for collection of attendance data shall be informed of these available services and should be given direction for noting whether a student's frequent absences are due to illness, disease, pregnancy complications, an accident or severe health problems of an infant child of a student. Registration, enrollment, and attendance procedures shall indicate eligible students with chronic health conditions for documenting average daily membership (ADM) adjustments with the Arizona Department of Education, School Finance Section.
When a student is identified as possibly requiring services as a student with a chronic health condition (via registration, screening procedures, attendance data, or parent referral), a chronic health condition certification form with a letter of explanation shall be sent to the parents, to be returned within thirty (30) days. The teacher and parent shall meet within fifteen (15) days following return of the chronic health condition certification.
Upon referral of a student for chronic health condition certification, the school nurse, if applicable, shall be consulted to include any chronic health condition data in the nurse's records (i.e., the annual report that identifies types of chronic illnesses monitored). The nurse may provide information to assist teachers in dealing with chronic health conditions.
Eligibility Criteria
The parents shall submit a written chronic health condition certification to the District, which will include:
● CertifiedA. Certified health professional or nurse practitioner diagnosis.
● CertifiedB. Certified health professional or nurse practitioner prognosis.
● PhysicalC. Physical limitations affecting physical education activities and requirements.
● AnticipatedD. Anticipated surgeries, treatment, or hospitalizations that, although not expected to cause sufficient
absences toabsences to require homebound services, may interfere with regular school attendance.
● CertifiedE. Certified health professional or nurse practitioner signature and date signed.
The appropriate instructional services needed are to be recommended by the teacher after consultation with the parent according to the following considerations:
● TheA. The nature of the health condition relevant to the student's anticipated activity level during absences (
based onbased on review of the chronic health condition certification).
● TheB. The student's academic capacity.
● TheC. The teacher's recommendations for service delivery based on course-work difficulty and the student's
ability toability to learn independently.
● TheD. The amount of face-to-face instruction time required by the student for optimum continuous learning
outside theoutside the regular classroom.
● TheE. The most appropriate service delivery in order to maintain integration in the regular education program as much as
much aspossible (i.e., regular physical education activities).
After the teacher and the parent have discussed the student's needs, an instructional agreement will be recommended by the parent and the teacher specifying the delivery and return of homework assignments and anticipated contact time with the teacher to assist the student in completing required course work during absences. This agreement, together with the teacher's recommendation for appropriate instructional services, will be forwarded to the administration for review and modification, if necessary, prior to signature by the parent, teacher, and Superintendent.
If the absences of a student who is classified and has served as a student with a chronic health condition amount to three (3) school months (or sixty [60] school days), another chronic health condition certification shall be obtained and reviewed by the teacher and the parent. They shall discuss the appropriate service delivery necessary for continuous learning. If homebound services are appropriate, the policies for referral shall be followed, which may entail:
● Obtaining A. Obtaining parental consent to evaluate.
● Obtaining B. Obtaining chronic health condition certification.
On a yearly basis, the District shall review instructional needs of any student with a chronic health condition. An updated chronic health condition certification shall be obtained for each school year to verify the need for continuing instructional modifications and ADM adjustments, if applicable. However, the student may be recertified at any time to reevaluate appropriate services needed.
Miscellaneous Provisions
Homework assignments will be provided during absences of students with chronic health conditions, and credit will be given for course work completed within established time lines.
Students with chronic health conditions will be given credit for completed course work if frequent absenteeism is due to chronic health conditions as certified by a Certified health professional or nurse practitioner.
Physical education course-work requirements shall include the option for students with chronic health conditions to participate in regular program activities as much as their health permits. Such students shall be provided integrated educational programming as much as possible. Modification to requirements may be made with Board approval.
The counselors who schedule students with chronic health conditions will take into consideration the anticipated days of absence (noted on the medical certification form) and the feasibility of completing courses requiring laboratory work or vocational workshops.
EXHIBIT
EXCLUSIONS AND EXEMPTIONS
FROM SCHOOL ATTENDANCE
Dear ____________________:
This letter is to inform you that the School District makes special arrangements for homework assignments for certain students who have "chronic (recurring) health conditions." As a result of frequent absences from school because of illness or an accident, _______________ may be eligible to receive modified instructional services provided for "students with chronic health conditions."
A form is enclosed asking your family's certified health professional or nurse practitioner to state how this health condition is affecting school attendance. If your certified health professional or nurse practitioner believes the the condition to be "chronic" and anticipates frequent absences for the school year (but fewer than sixty [60] school days, as for homebound services), please ask the certified health professional or nurse practitioner to fill out the medical certification form and return it to the school.
If _______________ is eligible as a "student with a chronic health condition," the school will make sure that you receive homework and contact with a teacher during necessary absences. The teacher will work out an agreement for homework assignments with you to assure receipt of credit for completed homework.
If you have any questions, please contact me at ___________________________.
Sincerely,
EXHIBIT
EXCLUSIONS AND EXEMPTIONS
FROM SCHOOL ATTENDANCE
CERTIFICATION OF STUDENTS WITH
CHRONIC HEALTH CONDITIONS
(Obtained from a certified health professional or nurse practitioner)
___________________ ________________ ________________________
Student's name Parent's name Address
___________________ ________________ ________________________
District School Grade level
___________________ ________________ ________________________
Date of birth Phone number Date of initial consultation
Certified health professional or nurse practitioner diagnosis:
______________________________________________________________
______________________________________________________________
______________________________________________________________
Certified health professional or nurse practitioner prognosis:
______________________________________________________________
______________________________________________________________
______________________________________________________________
Physical limitations affecting physical education activities:
______________________________________________________________
______________________________________________________________
______________________________________________________________
Anticipated absences due solely to illness, disease, pregnancy complications, an accident or severe health problems of an infant child of a student (include anticipated surgeries, treatments, or hospitalizations that may interfere with school attendance during the __________ year):
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
Example 1: _________________'s physical condition may result in frequent absences in the school year that may exceed ten (10) consecutive school days per semester, but I do not anticipate that _________________ will be absent enough days to require homebound services.
Example 2: _________________ will require three (3) hospitalizations of approximately four (4) days duration each and three to five (3 - 5) treatments of one (1) day each during the school year.
Other relevant information:
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
____________________________________________
Type or print Certified health professional or
nurse practitioner name and licensed title
_______________ ____________________________________________
Date Certified health professional or nurse practitioner
signature and title
EXHIBIT
EXCLUSIONS AND EXEMPTIONS
FROM SCHOOL ATTENDANCE
INSTRUCTIONAL AGREEMENT FOR STUDENTS WITH
CHRONIC HEALTH CONDITIONS
School year ____________
___________________ ________________ ________________________
Student's name Grade level Date
_____________________________
______________________________
Parent's name
Address
___________________ ________________ ________________________
Person responsible for Position School
homework coordination
Eligibility checklist:
_________________ 1. Medical certification of chronic health condition
(diagnosis, prognosis, and inability to attend
school regularly).
_________________ 2. Medical certification of physical limitations for
physical education.
_________________ 3. District office has noted chronic condition on
attendance register.
_________________ 4. If applicable, the school nurse informed of student's
chronic health condition.
_________________ 5. Student's teacher(s) informed of student's chronic
health condition.
_________________ 6. If applicable, school counselor informed of student's
chronic health condition.
_________________ 7. Physical education activities/requirements adapted
according to medical certification.
_________________ 8. Certificated teacher to provide homework and contact
Signature with _______________________________________
during absences for the school year as follows:
___________________________________________
___________________________________________
___________________________________________
_________________ 9. Parent/guardian agrees to return completed home-
Signature work to the school for absences during the school
year as follows:
___________________________________________
___________________________________________
___________________________________________
Approved: ___________________________________________
Superintendent's signature
Annual review of instructional agreement:
___ Number of
excused ◻ Promotion requirements ◻
excused o Promotion requirements o Transcripts &
absences due
to met via completed home-
attendance
attendance record
chronic
condition work for excused
absences attachedabsences attached
For the _____________ school year,
◻ should / ◻ shouldo should / o should not be registered as having a chronic health condition.
_______________________________ _______________________________
Superintendent's signature Parent's signature
_______________________________
Date
This policy sets forth guidelines by which student rights are to be determined consistent with law.
The Board has the authority and responsibility to establish reasonable rules and regulations for the conduct and deportment of students of the District. At the same time, no student shall be deprived of equal treatment and equal access to the educational program, due process, and free expression and association in accordance with these guidelines.
Attendant upon the rights established for each student are certain responsibilities, which include respect for the rights of others, obedience to properly constituted school authority, and compliance with the rules and regulations of this District.
Students who have reached the age of eighteen (18) years possess the full rights of adults and may authorize school matters previously handled by their parents.
The Superintendent shall develop and promulgate administrative procedures consistent with law and Board policy to ensure that student rights under varying conditions are properly described.
Such procedures shall be reviewed annually and updated when required.
Adopted: date of manual Manual adoption
LEGAL REF.:
A.R.S.
15-341
15-841
15-842
15-843
15-844
CROSS REF.:
JICEC - Freedom of Expression
JKD - Student Suspension
JKE - Expulsion of Students
JLI - Student Safety
REGULATION
STUDENT RIGHTS AND
RESPONSIBILITIES
All students are entitled to enjoy the basic rights of citizenship that are recognized and protected by laws of this country and state for persons of their age and maturity. Each student is obligated to respect the rights of classmates, teachers, and other school personnel. District schools shall foster a climate of mutual respect for the rights of others. Such environment will enhance both the educational purpose for which the District exists and the educational program designed to achieve that purpose.
All District personnel shall recognize and respect the rights of students, just as all students shall exercise their rights responsibly, with due regard for the equal rights of others and in compliance with the rules and regulations established for the orderly conduct of the educational mission of the District. Students who violate the rights of others or who violate rules and regulations of the District or of their school are subject to appropriate disciplinary measures designed to correct their own misconduct and to promote adherence by them and by other students to the responsibilities of citizens in the school community.
The following basic guidelines of rights and responsibilities shall not be construed to be all-inclusive, nor shall it in any way diminish the legal authority of school officials and the Governing Board to deal with disruptive students.
Rights:
● StudentsA. Students have the right to a meaningful education that will be of value to them for the rest of their lives.
● StudentsB. Students have the right to a meaningful curriculum and the right to voice their opinions,
through representativesthrough representatives of the student government, in the development of such a curriculum.
● StudentsC. Students have the right to physical safety, safe buildings, and sanitary facilities.
● StudentsD. Students have the right to consultation with teachers, counselors, administrators, and anyone else
connected withconnected with the school if they so desire, without fear of reprisal.
● StudentsE. Students have the right to free elections of their peers in student government, and all students have
the rightthe right to seek and hold office in accordance with the provisions of the student government constitution
and in keepingand in keeping with the extracurricular guidelines of the District.
● StudentsF. Students have the right to be made aware of administrative and/or faculty committee decisions and to
be awarebe aware of the policies set forth by the Governing Board and school.
● LegalG. Legal guardians or authorized representatives have the right to see the personal files, cumulative folders,
or transcriptsor transcripts of their children who are under the age of eighteen (18) years. School authorities may
determine thedetermine the time and manner of presentation of this information.
● StudentsH. Students' academic performance shall be the prime criterion for academic grades; however,
noncompliance withnoncompliance with school rules and regulations may affect grades (e.g., unexcused absences).
● StudentsI. Students shall not be subjected to unreasonable or excessive punishment.
● StudentsJ. Students have the right to be involved in school activities, provided they meet the reasonable
qualifications of sponsoringqualifications of sponsoring organizations, state organizations, and school regulations.
● StudentsK. Students have the right to express their viewpoints in accordance with District Policy JICEC - Freedom
of Expressionof Expression.
● MarriedL. Married students share these rights and responsibilities, including the opportunity to participate in the
full rangefull range of activities offered by the school, and shall be subject to the rules and regulations of the school.
Responsibilities:
● StudentsA. Students have the responsibility to respect the rights of all persons involved in the educational process and
to exerciseto exercise the highest degree of self-discipline in observing and adhering to school rules and regulations.
● StudentsB. Students have the responsibility to take maximum advantage of the educational opportunities available
and seekand seek to achieve a meaningful education.
● AllC. All members of the school community, including students, parents, and school staff members, have
the responsibilitythe responsibility to promote regular attendance at school.
● StudentsD. Students have the responsibility to protect school property, equipment, books, and other materials issued
to or usedto or used by them in the instructional process. Students will be held financially responsible for any loss
or intentionalor intentional damage caused to school property.
● StudentsE. Students have the responsibility to complete all course assignments to the best of their ability and to
complete make-complete make up work after an absence.
● StudentsF. Students have the responsibility to help maintain the cleanliness and safety of the school buildings
and propertyand property.
● StudentsG. Students have the responsibility to present themselves in class at the prescribed time and with the
necessary materialsnecessary materials.
A primary task of the school is to create a stimulating learning climate that develops active involvement of students in their education and develops a spirit of inquiry. This climate is created when students work together with school staff in such activities as planning and evaluating school programs.
The District encourages student involvement that will enhance:
● Achievement A. Achievement of the course goals, improvement of the courses of study, and planning of classroom activities.
● Freedom B. Freedom of expression, recognizing that every privilege and right has a corresponding responsibility.
● Student C. Student participation in assembly programs and school-sponsored forums of interest.
● Participation D. Participation in student government organizations that provide students with a voice in school affairs.
● Cocurricular E. Cocurricular or extracurricular activities that broaden their educational experiences.
Adopted: date of
manualManual adoption
The organization of student councils in all schools is encouraged.
Student government is expected to be "of the students, by the students, for the students," representing the students in the school in communications with the administration and in the organization of student activities.
Members of student councils are to be elected democratically. The rights and responsibilities of the council should be clearly set forth by each school. Each student council must have a faculty advisor.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-341
The Superintendent will establish regulations governing the conduct of students in school, traveling to and from school, at school functions, or affecting the school order. In establishing these regulations, the Superintendent may consult with student or staff committees. In addition to compliance with regulations established by the Superintendent, students are expected to obey all rules and regulations adopted by the Governing Board, and to obey any order given by a member of the faculty or staff relating to school activities.
A student shall be defined as any person who is enrolled in an educational program provided by or approved by the District and carried on in premises owned or controlled by the District.
Students shall not engage in improper behavior, including but not limited to the following:
● AnyA. Any conduct intended to obstruct, disrupt, or interfere with teaching, research, service, administrative
or disciplinaryor disciplinary functions, or any activity sponsored or approved by the Board.
● ThreateningB. Threatening an educational institution by interference with or disruption of the school per A.R.S. 13-2911
andand 15-841.
● PhysicalC. Physical abuse of or threat of harm to any person on District owned or controlled property or at
District sponsoredDistrict sponsored or supervised functions.
● DamageD. Damage or threat of damage to property of the District, regardless of the location, or to property of a
member ofmember of the community or a visitor to the school, when such property is located on District controlled premises.
● ForcefulE. Forceful or unauthorized entry to or occupation of District facilities, including both buildings and grounds.
● UnlawfulF. Unlawful use, possession, distribution, or sale of tobacco, alcohol, or drugs or other illegal contraband
on Districton District property or at school-sponsored functions.
● ConductG. Conduct or speech that violates commonly accepted standards of the District and that, under
the circumstancesthe circumstances, has no redeeming social value.
● FailureH. Failure to comply with the lawful directions of District officials or any other law enforcement officers
acting in performanceacting in performance of their duties, and failure to identify themselves to such officials or officers when
lawfully requestedlawfully requested to do so.
● KnowingI. Knowingly committing a violation of District rules and regulations. Proof that an alleged violator has
a reasonablea reasonable opportunity to become aware of such rules and regulations shall be sufficient proof
that thethat the violation was done knowingly.
● AnyJ. Engaging in any conduct constituting a breach of any federal, state, or city law or duly adopted policy of
the Boardthe Board.
● CarryingK. Carrying or possessing a weapon on school grounds.
In addition to the general rules set forth above, students shall be expected to obey all policies and regulations focusing on student conduct adopted by the Board. Students shall not engage in any activities prohibited herein, nor shall they refuse to obey any order given by a member of the faculty or staff who is attempting to maintain public order.
Any student who violates these policies and regulations may be subject to discipline up to expulsion, in addition to other civil and criminal prosecution. These punishments may be in addition to any customary discipline that the District presently dispenses.
Local law enforcement shall be notified by the Superintendent regarding any suspected crime against a person or property that is a serious offense as defined in 15-341, involves a deadly weapon or dangerous instrument or that could pose a threat of death or serious injury to employees, students or others on school property.
The authority of the Superintendent to establish regulations covering students may be delegated to principals for their individual schools.
Adopted: date of manual Manual adoption
LEGAL REF.:
A.R.S.
13-105
13-2911
15-341
15-507
15-521
15-841
15-842
15-843
CROSS REF.:
GBEB - Staff Conduct
JK - Student Discipline
JKD - Student Suspension
JKE - Expulsion of Students
KFA - Public Conduct on School Property
The Board recognizes that each student's mode of dress and grooming is a manifestation of personal style and individual preference. The Board will not interfere with the right of students and their parents to make decisions regarding their appearance except when their choices affect the educational program of the schools or the health and safety of others.
The Board authorizes the Superintendent to develop and enforce school regulations prohibiting student dress or grooming practices that:
● Present A. Present a hazard to the health or safety of the student or to others in the school.
● Materially B. Materially interfere with school work, create disorder, or disrupt the educational program.
● Cause C. Cause excessive wear or damage to school property.
● Prevent D. Prevent students from achieving their educational objectives.
● Represent E. Represent membership in a gang.
Obscene language or symbols, or symbols of sex, drugs, or alcohol on clothing are expressly prohibited.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-341
CROSS REF.:
JICF - Secret Societies/Gang Activity
REGULATION
STUDENT DRESS
The school principal will implement the policy and regulation regarding student dress and appearance and establish additional rules as appropriate.The District encourages students to take pride in their attire as it relates to the school setting. Students should dress in a manner that, in addition to the following guidelines, takes into consideration the educational environment, safety, health, and welfare of self and others.
● Bare A. Only tailored shorts and skirts that are hemmed may be worn in grades kindergarten (K) through twelve (12).
B. Bare midriffs, halter tops, and spaghetti straps are not acceptable past the third grade.
● Bare C. Bare feet are never acceptable. In the interests of student safety, shoes must be worn at all times. Closed shoes Closed shoes are to be worn for any type of physical activity, such as physical education, etcet cetera.
● Jewelry D. Jewelry shall not be worn if it presents a safety hazard to self and/or others.
● Profane E. Profane or defamatory writing on clothing or jewelry is not acceptable.
● No F. No bandannas of any color, size, or shape may be carried or displayed in any classroom or at any school activityschool activity. This This also includes simulations of anything representing "colors."●
G. No hats may be worn in a classroom, except for properly approved occupational safety headgear required for special classes.
H. Gang-related personalization is not permitted on hats, on items of clothing, or on one's person. This includes anything worn or carried on campus, including items with price tags attached.● Obscene
I. Obscene language or symbols, or symbols of drugs, sex, or alcohol on clothing are expressly prohibited.
Exceptions for special activities or health considerations may be preapproved by the administrator.
Students who volunteer for extracurricular activities, such as athletics, band, chorus, etc.et cetera, are subject to the standards of dress as defined by the sponsors of such activities.
Each student is expected to take pride in the physical appearance of the school. Teachers and students should be observant at all times to prevent damage or destruction of school property. Any marking or marring of school property should be reported to the office at once.
No student shall damage or deface any property belonging to the District. The type of discipline that may be imposed for damage to school property by students depends upon the circumstances. Students may be subject to discipline for willful damage or destruction of school property.
If any minors engage in conduct that results in damage to District property, the District may institute formal charges for the purpose of having the court order the minors, or their parents, to make full or partial restitution to the District in accordance with law.
Adopted: date of manual Manual adoption
LEGAL REF.:
A.R.S.
12-661
15-727
15-842
CROSS REF.:
JKD - Student Suspension
JKE - Expulsion of Students
JQ - Student Fees, Fines, and Charges
REGULATION
TUITION / ADMISSION OF
NONRESIDENT STUDENTS
When it is to the advantage of the District schools and the students living outside the District, students may be enrolled in the District schools for A.D.M.
Students who live outside District borders may attend District schools under the following conditions:
● Space is available in the school.
● Space is available on the bus.
● Students conform to all of the District rules and regulations.
● Transportation outside of the District will not be provided. Students or parents will be required to provide their own transportation to school or to an appropriate bus stop.
● Attendance in the District schools under these conditions will be on a year-to-year basis. It will be determined during the second week of school whether there is space in school and on the bus. The District will remain the sole determining agent with regard to space.
Tuition Payment
Any student whose parents or guardians are not legal residents of the District shall pay a tuition fee in the amount of the per capita cost for the District. From this amount the state and county aid may be deducted if tuition is paid by such county and state agencies. Each student shall be billed for each month in advance of attendance. One (1) week may be allowed for payment of this tuition fee, after which time the student may be excluded from school.
When tuition is charged, it shall be in accordance with the Arizona Revised Statutes and the U.S.F.R. at the District's full per capita cost in maintenance and operation, capital outlay, and debt service budget categories.
Tuition Waiver
When requests for waiver of tuition are submitted, a thorough investigation should be made by the Department of Economic Security in each case. A recommendation from the agency to waive tuition must be submitted in writing to the Board.
The District recognizes the value of, supports, and encourages official school publications in teaching journalism, English, writing, and other skills. An official school publication is that made up of materials produced by students in a regularly scheduled class and intended for distribution to the student body.
Students shall be required to submit publications to the Superintendent for approval prior to distribution.
Requests by school publication staffs to sell advertising space to local merchants must be submitted to the building principal for approval in advance of any solicitation. Advertisements encouraging the sale or use of liquor, cigarettes, or any product or service considered illegal or inappropriate for school students is strictly prohibited.
Guidelines and fee structures for advertising shall be uniform throughout the District and shall be approved by the Superintendent.
Additionally, no paid political advertisements may be solicited unless all candidates for a particular office or representatives of both sides of a ballot measure are contacted for such purposes. Advertising may be solicited for high school publications only.
Approval must be obtained through the office of the Superintendent.
Adopted: date of
manualManual adoption
REGULATION
STUDENT PUBLICATIONS
Students shall be required to submit publications to the principal for approval prior to distribution.
Students possess inalienable rights to develop, believe, and follow personal viewpoints and beliefs to the extent their viewpoints and beliefs do not infringe upon nor denigrate the same rights of others.
The District shall not discriminate against students or parents on the basis of a religious viewpoint or religious expression. If a student includes in an assignment a viewpoint expression, an evaluation of the student's work shall be based on ordinary standards of substance and relevance to the course curriculum or requirements of the coursework or assignment, and shall not penalize or reward the student on the basis of religious content or viewpoint.
Students are to be permitted to pray or engage in religious activities or expression in the same manner and to the same extent as students are permitted to engage in nonreligious activities or expression, before, during, and after the school day.
To the extent and in the manner that other types of clothing, accessories, and jewelry displaying messages or symbols are permitted, students are permitted to wear clothing, accessories, and jewelry that display religious messages or symbols.
Acknowledging and permitting the above freedoms is not to be interpreted to mean the District is requiring any person to participate in prayer or other religious activities nor attempting to violate the constitutional rights of any person.
The District does retain its rights to:
● MaintainA. Maintain order and discipline on District property in a content and viewpoint neutral manner.
● ProtectB. Protect the safety of students, employees, and visitors on District property.
● AdoptC. Adopt and enforce policies and regulations concerning student speech while on District property in a
manner thatmanner that does not violate a student's state and federal constitutional rights.
● AdoptD. Adopt and enforce policies and regulations that ban student clothing, accessories, and jewelry worn to
convey affiliationconvey affiliation with a criminal street gang.
A student or a student's parent is barred by statute from initiating legal action to enforce the student rights set out in this policy unless the student or the parent has:
● SubmittedA. Submitted to the school principal a written complaint containing specific facts of the alleged violation.
■ TheB. The principal shall investigate the complaint and provide a written response within fifteen (15) days
of receivingof receiving the complaint describing any action taken by the principal to resolve the complaint.
If the principal's actions do not resolve the complaint, the student or the student's parent shall:
● SubmitA. Submit written complaint containing specific facts of the alleged violation to the Superintendent or
other designatedother designated administrator.
■ TheB. The Superintendent or other designated administrator shall investigate the complaint and provide
a writtena written response within twenty-five (25) days of receiving the complaint describing any action
taken by the Superintendenttaken by the Superintendent or other designated administrator to resolve the complaint.
If the action taken by the Superintendent or other designated administrator does not resolve the complaint the student or the student's parent may pursue legal action to enforce this policy.
Adopted: December 8, 2009date of Manual adoption
LEGAL REF.:
A.R.S.
13-105
15-110
15-341
15-720
15-841
15-843
15-844
20 U.S.C. 4071 et seq. Equal Access Act, (Section 801)
CROSS REF.:
JI - Student Rights and Responsibilities
JII - Student Concerns, Complaints, and Grievances
JJAB - Limited Open/Closed Forum
JK - Student Discipline
EXHIBIT
FREEDOM OF EXPRESSION
COMPLAINT FORM
(To be filed with the school principal)
Additional pages may be attached if more space is needed.
Please print:
Name ____________________________________ ___ Date ________________
Address ____________________________________________________________
Telephone __________ Another phone where you can be reached _____________
During the hours of ___________________________________________________
E-mail address _______________________________________________________
I wish to complain against:
Name of person, school (department), program, or activity _____________________
____________________________________________________________________
____________________________________________________________________
Address _____________________________________________________________
Specify your complaint by stating the problem as you see it. Describe the incident, the participants, the background to the incident, and any attempts you have made to solve the problem. Be sure to note relevant dates, times, and places.
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
If there is anyone who could provide more information regarding this, please list name(s), address(es), and telephone number(s).
Name Name Address Address Telephone Number
______________________________________________________________
______
______________________________________________________________
______
______________________________________________________________
______
______________________________________________________________
______
The projected solution
Indicate what you think can and should be done to solve the problem. Be as specific as possible.
______________________________________________________________
______
______________________________________________________________
______
______________________________________________________________
______
______________________________________________________________
______
______________________________________________________________
______
______________________________________________________________
______
______________________________________________________________
______
______________________________________________________________
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______________________________________________________________
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______________________________________________________________
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______________________________________________________________
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______________________________________________________________
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I certify that this information is correct to the best of my knowledge.
__________________________________ ___ _____________________________
Signature of Complainant Date Complainant Date Signed
__________________________________ ___ _____________________________
Principal receiving the initial complaint Date complaint Date initial complaint received
The principal shall give one (1) copy to the complainant and retain one(1) copy for the file.
Gangs that initiate, advocate, or promote activities that threaten the safety or well-being of persons or property on school grounds or disrupt the school environment are harmful to the educational process. The use of hand signals, graffiti, or the presence of any apparel, jewelry, accessory, or manner of dress or grooming that, by virtue of its color, arrangement, trademark, symbol, or any other attribute indicates or implies membership or affiliation with such a group is prohibited because of the disruption to educational activities that results from such activities or dress. It is the District's position that such activities and dress also present a clear and present danger to other District students and to District staff members.
Any activity involving an initiation, hazing, intimidation, assault, or other activity related to group affiliation that is likely to cause or does cause bodily danger, physical harm, or personal degradation or disgrace resulting in physical or mental harm to students or others is prohibited.
Any student wearing, carrying, or displaying gang paraphernalia and/or exhibiting behavior or gestures that symbolize gang membership, or causing and/or participating in activities that intimidate or adversely affect the educational activities of another student, or the orderly operation of the schools, shall be subject to disciplinary action.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
12-661
13-105
13-1202
13-2911
15-341
15-342
15-507
15-521
15-841
15-842
15-843
A.A.C.
R7-2-401
R7-2-405
A.G.O.
I78-103
I78-218
I80-055
I84-036
REGULATION
SECRET SOCIETIES / GANG ACTIVITY
For the purpose of District policy, a gang is a group of three (3) or more people who:
● Interact A. Interact together to the exclusion of others;
● Claim B. Claim a territory or area;
● Have C. Have a name;
● Have D. Have rivals/enemies; and
● Exhibit E. Exhibit antisocial behavior - often associated with crime or a threat to the community.
The type of dress, apparel, activities, acts, behavior or manner, or grooming displayed, reflected, or participated in by the student shall not:
● LeadA. Lead school officials to believe that such behavior, apparel, activities, acts, or other attributes are gang
related orrelated or would disrupt or interfere with the school environment or activity and/or educational objectives;
● PresentB. Present a physical safety hazard to self, students, staff members, or other employees.
● CreateC. Create an atmosphere in which the well-being of a student, staff member, or other person is hindered
by undueby undue pressure, behavior, intimidation, overt gesture, or threat of violence; or
● ImplyD. Imply gang membership or affiliation by written communication, marks, drawing, painting, design, or
emblem uponemblem upon any school or personal property or on one's person.
If the student's dress is in violation of this regulation or a District policy, the principal will ask the student to make the appropriate correction. If the student refuses, the parent/guardian may be notified and asked to make the necessary correction. The principal will take appropriate corrective and disciplinary action.
REGULATION
ADMISSION OF TRANSFER STUDENTS
A District secondary school will accept credits earned for successful completion of a course in core subjects at a non-District school, including a home school, if any of the following conditions are met:
● The course or similar course is offered in the District curriculum, and the course was provided by a school that is fully accredited (excluding special purpose and distance learning designations) by one (1) of the agencies listed in Board policy, or:
■ National Catholic Educational Association
■ National Lutheran School Accreditation
■ Christian School International
■ Association of Christian Schools International
■ National Parent Schools Accreditation Agency
■ Department of Defense Education Accreditation
Distance learning designated courses (on-line coursework) will be transferred as elective or core credits in accordance with the following guidelines:
■ The same or similar course must be offered in the Flagstaff Unified School District (FUSD) curriculum.
■ Religious study courses and courses such as study hall may not be accepted for transfer credit.
■ A request may be made by the student within ten (10) days following receipt of a transfer credit evaluation to test for consideration of "core" credit (mathematics, English, history, social studies, and Modern Language). Upon demonstrating minimum competency (seventy percent [70%]), core credit may be granted.
● The course, or similar course, is offered in the District curriculum and the student demonstrates competency in the subject matter by earning a grade of seventy percent (70%) or better on an end-of-year/semester examination administered by the District and/or site.
A student who achieves a "meets" or "exceeds" score on the high school level Arizona Instrument to Measure Standards (AIMS) math test, or other reciprocal test approved by the Arizona Department of Education, will receive credit for successful completion of Algebra I and Geometry courses completed at a non-District school.
A student who achieves a "meets" or "exceeds" score on the high school level AIMS writing and reading test, or other reciprocal test approved by the Arizona Department of Education, will receive credit for successful completion of freshman and sophomore English courses completed at a non-District school.
A student who completed a course in the seventh (7th) or eighth (8th) grade will not receive credit unless the course is Algebra (or higher), or first year Modern Languages (or higher) and the student was enrolled in a school fully accredited (excluding special programs) by a recognized accreditation agency. To earn credit, the student must complete all of the course requirements such as end-of-course common assessments at a commensurate score. Other high school classes may be taken by seventh (7th) or eighth (8th) graders, but the grades will not be counted towards graduation requirements.
The grades earned by a seventh (7th) or eighth (8th) grader for which they receive high school credit will be transferred and remain on the high school transcript and will be used to calculate the student's grade point average (GPA). Students and parents registering for such courses will be required to sign a waiver acknowledging their awareness of this requirement. Prospective college athletes/students should be aware that the National Collegiate Athletic Association (NCAA) recognizes high school courses completed in grades nine (9) through twelve (12). Recently (2007-2008), NCAA began accepting credit for Modern Language I and above and Algebra I and above taken in eighth (8th) grade if it is a high school course and appears on the transcript. NCAA will not accept any coursework taken prior to the eighth (8th) grade for high school.
Correspondence courses are limited by the State Board of Education Rule R7-2-302.4 to a total of four (4) and only one (1) credit may be earned in each of the following areas: English, social studies, mathematics, and science.
There shall be no hazing, solicitation to engage in hazing, or aiding and abetting another who is engaged in hazing of any person enrolled, accepted for or promoted to enrollment, or intending to enroll or be promoted to District schools within twelve (12) calendar months. For purposes of this policy a person as specified above shall be considered a "student" until graduation, transfer, promotion or withdrawal from the District school.
"Hazing" means any intentional, knowing or reckless act committed by a student, whether individually or in concert with other persons, against another student, and in which both of the following apply:
● The A. The act was committed in connection with an initiation into, an affiliation with, or the maintenance of membership of membership in any organization that is affiliated with an educational education institution.
● The B. The act contributes to a substantial risk of potential physical injury, mental harm or degradation, or causes physical causes physical injury, mental harm or personal degradation.
"Organization" means an athletic team, association, order, society, corps, cooperative, club, or similar group that is affiliated with an educational institution and whose membership consists primarily of students enrolled at that educational institution.
It is no defense to a violation of this policy if the victim consented or acquiesced to hazing.
In accord with statute, violations of this policy do not include either of the following:
● Customary A. Customary athletic events, contests or competitions that are sponsored by an educational institution.
● Any B. Any activity or conduct that furthers the goals of a legitimate educational curriculum, a legitimate extracurricular legitimate extracurricular program, or a legitimate military training program.
All students, teachers and staff shall take reasonable measures within the scope of their individual authority to prevent violations of this policy.
Students and others may report hazing to any professional staff member.
Professional staff members must report the incident to the school administrator or next higher administrative supervisor, in writing, with such details as may have been provided. A failure by a staff member to timely inform the school administrator or next higher administrative supervisor of a hazing allegation or their observation of an incident of hazing may subject the staff member to disciplinary action in accord with District policies. The staff member shall preserve the confidentiality of those involved, disclosing the incident only to the appropriate school administrator or next higher administrative supervisor or as otherwise required by law. Any instance of reported or observed hazing which includes possible child abuse or violations of statutes known to the staff member shall be treated in accord with statutory requirements and be reported to a law enforcement agency.
To assure that students and staff are aware of its content and intent, a notice of this policy and procedure shall be posted conspicuously in each school building and shall be made a part of the rights and responsibilities section of the student handbook. Forms for submitting complaints are to be available to students and staff in the school offices.
Disposition of all reports/complaints shall be reported to the Superintendent. The Superintendent will determine if the policies of the District have been appropriately implemented and will make such reports and/or referrals to the Board as may be necessary.
All violations of this policy shall be treated in accord with the appropriate procedures and penalties provided for in District policies related to the conduct and discipline of students, staff, and others.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-341
15-2301
CROSS REF.:
GBEB - Staff Conduct
JIC - Student Conduct
JII - Student Concerns, Complaints and Grievances
JK - Student Discipline
JKD - Student Suspension
JKE - Student Expulsion
JICF - Secret Societies / Gang Activities
KFA - Public Conduct on School Property
EXHIBIT
STUDENT DISCIPLINE
NOTICE TO PRINCIPAL OF
REFUSAL TO READMIT STUDENT
(Must be submitted by next business day following
temporary removal)
Teacher __________________________ Student ____________________
School ___________________________ Class ____________ Period ___
Under the provisions of A.R.S. 15-841, I am refusing to readmit the above-named student to the identified class. The temporary removal was made under the following condition (one [1] of the two [2] conditions must be selected and substantiated):
o 1. The pupil has repeatedly interfered with my ability to communicate effectively with the other pupils in the classroom or with the ability of the other pupils to learn.
o 2. The pupil's behavior is so unruly, disruptive, or abusive that it seriously interferes with my ability to communicate effectively with the other pupils in the classroom or with the ability of the other pupils to learn.
Instructions: Describe the incidents that have prompted the decision to remove the student from the class. It is important that complete and detailed information is provided, as it will be used 1) by the principal in determining the appropriate discipline management techniques, consistent with Governing Board rules, to be applied to this case, and 2) by the placement review committee to determine whether the student should be placed back in the class if the teacher and principal cannot reach consensus that acceptable corrective measures have been accomplished to effect the student's return to class.
To the extent possible, report literal disruptive remarks made by the student, and list contributing factors such as the student's facial or bodily expressions, gestures, sounds, and so forth. Explain how the student attempted to divert the attention of other students, to encourage their participation in the misbehaviors, and to otherwise interfere with the classroom management, teaching, and learning processes. State the techniques, both successful and unsuccessful, that have been attempted to restrain the student's misconduct, gain the student's cooperation, or otherwise control the situation. List the dates of and summarize the communications and conferences with the student's parent(s) or other responsible adult(s) to elicit their assistance in resolving the difficulties with the student.
If the space on this form is inadequate, check the box on the following page and indicate the number of supplemental sheet(s) you are attaching to this notice.
Date of misbehavior: Description of incident:
Techniques attempted:
Parental conference held? o Yes o No If yes, date held and summary of outcome.
Date of misbehavior: Description of incident:
Techniques attempted:
Parental conference held? o Yes o No If yes, date held and summary of outcome.
Date of misbehavior: Description of incident:
Techniques attempted:
Parental conference held? o Yes o No If yes, date held and summary of outcome.
o Additional space is needed. ______ supplemental sheets are attached to this notice.
Express your opinion of the action(s) that will be most effective with the student and state your expectation for the outcome of your decision to remove the student from your class.
________________________________________________________________
________________________________________________________________
________________________________________________________________
______________________________ _______________________________
Teacher's Signature Date notice submitted to principal
SUPPLEMENT TO
NOTICE TO PRINCIPAL OF REFUSAL TO READMIT STUDENT
Teacher ____________________ Student _______________ Date ________
School _____________________ Class ________________ Period ______
Date of misbehavior: Description of incident:
Techniques attempted:
Parental conference held? o Yes o No If yes, date held and summary of outcome.
Date of misbehavior: Description of incident:
Techniques attempted:
Parental conference held? o Yes o No If yes, date held and summary of outcome.
______ of ______ Supplemental Sheets
REGULATION
HAZING
A person who reports or complains regarding hazing may report or complain directly to the school administrator or to a professional staff member. The professional staff member receiving the report/complaint shall retrieve sufficient detail from the person to complete the form designated for such purpose. At a minimum the report/complaint shall be put in writing containing the identifying information on the complainant and such specificity of names, places and times as to permit an investigation to be carried out. When a professional staff member receives the information, the staff member will transmit a report to the school administrator or supervising administrator not later than the next school day following the day the staff member receives the report/complaint.
The report/complaint will be investigated by the school administrator or a supervising administrator. The procedures to be followed are:
● AnA. An investigation of the reported incident or activity shall be made within ten (10) school days when school is
in sessionin session or within fifteen (15) days during which the school offices are open for business when school is not
in sessionin session. Extension of the time line may only be by necessity as determined by the Superintendent.
● TheB. The investigator shall meet with the person who reported/complained at or before the end of the time
period andperiod and shall discuss the conclusions and actions to be taken as a result of the investigation. Confidentiality
of recordsof records and student information shall be observed in the process of making such a report.
● TheC. The investigator shall prepare a written report of the findings and a copy of the report shall be provided to
the Superintendentthe Superintendent.
Where disciplinary action is necessary, District policies shall be followed.
EXHIBIT
STUDENT DISCIPLINE
A GUIDE TO DISCIPLINARY ACTIONS
Displayed below is a guide to the probable disciplinary measures that may be taken in the event of student misbehavior. Absence from the list of additional misbehaviors that may occur does not preclude disciplinary action from being taken on those misbehaviors, nor does it imply limitations to the disciplinary action.
The actual discipline determined for a given violation will be based upon consideration of a variety of factors, which will include, but are not necessarily limited to, the following elements: the age of the student; the frequency, type, and magnitude of previous misbehaviors by the student; aggravating circumstances associated with the incident; the relative severity of the event; whether the student's behavior violated civil or criminal laws; the degree to which the incident interferes with the educational process; the extent of endangerment to the student, other persons, and property created by the event; special intellectual, psychological, emotional, environmental, and physical characteristics of the student; the student's attitude concerning the event; and the expressed intent concerning the student's own future behavior.
Behaviors that May Result
in Student Discipline
Absenteeism.
|
Alcohol, use or under the influence of.
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Arson.
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Bomb threat.
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Cheating.
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Defiance of authority.
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Dishonesty.
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Disruptive conduct.
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Disturbing school meeting or activity.
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Dress or appearance violation.
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Drug possession.
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Drug sale.
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Drug use.
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Endangerment.
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Ethnic slurs.
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Extortion.
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False alarm (emergency, fire, security, et cetera).
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False information or identification, giving of.
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Fighting.
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Firearm/explosive device/knife.
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Forgery.
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Gambling.
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Harassment/threats/verbal abuse.
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Hazardous or physically offensive condition, causing.
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Hazing.
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Improper sexual advances.
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Insubordination.
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Insult/verbal abuse of a faculty or staff member.
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Lewd/lascivious behavior.
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Littering.
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Malicious mischief.
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Obstructing an investigation.
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Obstructing traffic, vehicular or pedestrian.
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Physical assault.
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Plagiarism.
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Resisting authority.
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Slander.
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Tardiness.
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Theft of property (school related).
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Tobacco product use.
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Unauthorized departure from class, campus, or event.
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Unauthorized entry/trespass/loitering.
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Vandalism or destruction of property (school related).
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Violation of a Governing Board policy or school rule.
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Violation of a local, state, or federal law.
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Vulgar or obscene language, gestures, or symbols.
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Weapon violation (not firearm/explosive device/knife).
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EXHIBIT
HAZING
(File with a school administrator, the administrator's
supervisor, or a professional staff member)
Additional pages may be attached if more space is needed.
Please print:
Name ________________________________________ Date ________________
Address ____________________________________________________________
Telephone _____________________________ During the hours of _____________
Another phone where you can be reached _________________________________
E-mail address _______________________________________________________
Report/Complaint:
Specify your complaint by stating the problem as you see it. Describe the incident, the participants, and the background to the incident. Be sure to note relevant dates, times, and places.
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
______________________________________________________________
______
______________________________________________________________
______
______________________________________________________________
______
______________________________________________________________
______
______________________________________________________________
______
______________________________________________________________
______
______________________________________________________________
______
______________________________________________________________
______
If there is anyone who could provide more information regarding this, please list name(s), address(es), and telephone number(s).
Name Address Address Telephone Telephone Number
______________________________________________________________
______
______________________________________________________________
______
______________________________________________________________
______
______________________________________________________________
______
The projected solution
Indicate what you think can and should be done to solve the problem. Be as specific as possible.
______________________________________________________________
______
______________________________________________________________
______
______________________________________________________________
______
______________________________________________________________
______
______________________________________________________________
______
______________________________________________________________
______
______________________________________________________________
______
______________________________________________________________
______
______________________________________________________________
______
______________________________________________________________
______
______________________________________________________________
______
I certify that this information is correct to the best of my knowledge.
_____________________________________ __ ___________________________
Student
Student Date
_____________________________________ __ ___________________________
Administrator or professional staff member Date member Date initial complaint received
receiving initial complaint
The investigating administrator shall give one (1) copy to the complainant and retain one (1) copy for the file.
EXHIBIT
HAZING
(To be displayed in school buildings and
placed in student handbooks)
There shall be no hazing, solicitation to engage in hazing, or aiding and abetting another who is engaged in hazing of any person enrolled, accepted for or promoted to enrollment, or intending to enroll or be promoted to schools within twelve (12) calendar months. For purposes of this policy a person as specified above shall be considered a "student" until graduation, transfer, promotion or withdrawal from the school.
Definitions
"Hazing" means any intentional, knowing or reckless act committed by a student, whether individually or in concert with other persons, against another student and in which both of the following apply:
● TheA. The act was committed in connection with an initiation into, an affiliation with or the maintenance
of membershipof membership in any organization that is affiliated with an educational institution.
● TheB. The act contributes to a substantial risk of potential physical injury, mental harm or degradation,
or causesor causes physical injury, mental harm or personal degradation.
"Organization" means an athletic team, association, order, society, corps, cooperative, club, or similar group that is affiliated with an educational institution and whose membership consists primarily of students enrolled at that educational institution.
Directions
It is no defense to a violation of this policy if the victim consented or acquiesced to hazing.
In accord with statute, violations of this policy do not include either of the following:
● Customary A. Customary athletic events, contests or competitions that are sponsored by an educational institution.
● Any B. Any activity or conduct that furthers the goals of a legitimate educational curriculum, a legitimate extracurricular legitimate extracurricular program or a legitimate military training program.
All students, teachers and staff shall take reasonable measures within the scope of their individual authority to prevent violations of this policy.
Reporting/Complaint Procedure
Students and others may report hazing to any professional staff member. Professional staff members must report the incident to the school administrator or next higher administrative supervisor, in writing, with such details as may have been provided. A failure by a staff member to timely inform the school administrator or next higher administrative supervisor of a hazing allegation or their observation of an incident of hazing may subject the staff member to disciplinary action in accord with school policies. The staff member shall preserve the confidentiality of those involved, disclosing the incident only to the appropriate school administrator or next higher administrative supervisor or as otherwise required by law. Any instance of reported or observed hazing which includes possible child abuse or violations of statutes known to the staff member shall be treated in accord with statutory requirements and be reported to a law enforcement agency.
A person who complains or reports regarding hazing may complain or report directly to the school administrator or to a professional staff member. The professional staff member receiving the report/complaint shall retrieve sufficient detail from the person to complete the form designated for such purpose. At a minimum the report/complaint shall be put in writing containing the identifying information on the complainant and such specificity of names, places and times as to permit an investigation to be carried out. When a professional staff member receives the information, the staff member will transmit a report to the school administrator or supervising administrator not later than the next school day following the day the staff member receives the report/complaint.
The report/complaint will be investigated by the school administrator or a supervising administrator. The procedures to be followed are:
● An A. An investigation of the reported incident or activity shall be made within ten (10) school days when school is in session in session or within fifteen (15) days during which the school offices are open for business when school is not in sessionin session. Extension of the time line may only be by necessity as determined by the Superintendent.
● The B. The investigator shall meet with the person who reported the incident at or before the end of the time period and period and shall discuss the conclusions and actions to be taken as a result of the investigation. Confidentiality of records of records and student information shall be observed in the process of making such a report.
● The C. The investigator shall prepare a written report of the findings and a copy of the report shall be provided to the Superintendentthe Superintendent.
All violations of this policy shall be treated in accord with the appropriate procedures and penalties provided for in School policies related to the conduct and discipline of students, staff, and others.
REGULATION
CORPORAL PUNISHMENT
In determining whether to use corporal punishment, the following considerations should be taken into account: the seriousness of the offense, the attitude and past behavior of the student, the age and strength of the student, and the availability of equally effective nonphysical means of discipline.
Prior to administering corporal punishment, the administrator will ensure that there are no medical or parental warning statements in the student's record that forbid corporal punishment.
Corporal punishment may not be administered for academic deficiency or conduct not related to the school.
Corporal punishment must be approved by the school administrator. Corporal punishment may be administered by the school administrator or by educationally certificated employees designated by the school administrator. Two (2) educationally certificated employees of the school shall be present to witness the spanking. In a school with only one (1) certificated adult employee, one (1) additional adult shall be present as a witness.
Corporal punishment will be administered by spanking the buttocks of a student with a flat-surfaced paddle that will cause no more than temporary pain and not inflict permanent damage to the body. No other form of corporal punishment is authorized.
The possession or use of tobacco products, tobacco substitutes, electronic cigarettes, other chemical inhalation devices, or vapor products is prohibited in the following locations:
● School A. School grounds.● School
B. School buildings.
● School C. School parking lots.
● School D. School playing fields.
● School E. School buses and other District vehicles.
● OffF. Off-campus school-sponsored events.
The Superintendent may establish procedures necessary to implement this policy. Disciplinary penalties for the possession or use of tobacco or similar products (including any inhaled tobacco substitute) may include, but are not limited to, suspension of the student from school or a recommendation for expulsion when there is evidence of repeated and continuous violation of this policy.
Under the provisions of A.R.S. 36-798.03, a person who violates the prohibition is guilty of committing a petty offense.
Adopted: November 12, 2013date of Manual adoption
LEGAL REF.:
A.R.S.
13-3622
15-341
36-798.03
20 U.S.C. 6083
CROSS REF.:
GBED - Smoking by Staff MembersKFAA - Smoking on School Premises at Public Functions
EXHIBIT
CORPORAL PUNISHMENT
NOTICE OF CORPORAL PUNISHMENT
School ______________________ Grade level _____ Date _______________
Name of student ______________________________ Birthday _____________
Ethnicity of student _________________________________________________
Address ______________________________________ Phone _____________
Referral by ____________________________________ Ethnicity ___________
Punishment administered by ______________________ Ethnicity ___________
How parents were notified _____________________ Date _________________
How parents responded _______________________ Date _________________
Reason for corporal punishment _______________________________________
_________________________________________________________________
_________________________________________________________________
Summary of previous disciplinary actions ________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
Follow-up action/resolution of problem __________________________________
_________________________________________________________________
_________________________________________________________________
____________________________________
Signature of person administering
corporal punishment
1 copy to Superintendent
1 copy to school discipline file
Students on school property or at school events shall not knowingly breathe, inhale or drink a vapor-releasing substance containing a toxic substance, nor shall a student sell, transfer or offer to sell or transfer a vapor-releasing substance containing a toxic substance.
The nonmedical use, possession, distribution or sale of
● alcoholA. alcohol,
● drugsB. drugs,
● syntheticC. synthetic drugs,
● counterfeitD. counterfeit drugs, or
● imitationE. imitation drugs,
on school property or at school events is prohibited.
NonmedicalNonmedical is defined as "a purpose other than the prevention, treatment, or cure of an illness or disabling condition" consistent with accepted practices of the medical profession.
Students in violation of the provisions of the above paragraph shall be subject to removal from school property and shall be subject to prosecution in accordance with the provisions of the law.
Students attending school in the District who are in violation of the provisions of this policy shall be subject to disciplinary actions in accordance with the provisions of school rules and/or regulations.
For purposes of this policy, "drugs" shall include, but not be limited to:
● AllA. All dangerous controlled substances prohibited by law.
● AllB. All alcoholic beverages.
● AnyC. Any prescription or over-the-counter drug, except those for which permission to use in school has
been grantedbeen granted pursuant to Board policy.
● HallucinogenicD. Hallucinogenic substances.
● InhalantsE.
● SyntheticInhalants.
F. Synthetic, counterfeit or imitation drugs.
■A compound or substance, regardless of its contents, compound or substance, that produces in the
user anuser an experience, effect and/or display of effects that mimic the experience, effect and/or display of
effects producedeffects produced by substances controlled or prohibited by law, or that is represented as producing in the
user suchuser such experiences or effects.
Medical Marijuana
The conditions which follow are applicable to a District student who holds an identification as a medical marijuana cardholder issued by the Arizona Department of Health Services for the medical use of marijuana as set out in the Arizona Revised Statutes (A.R.S.).
The District will not refuse to enroll a student or otherwise penalize a student for being a medical marijuana cardholder unless failure to do so would cause the school to lose a monetary or licensing benefit under federal law or regulations.
A student medical marijuana cardholder shall not possess or engage in the use of marijuana on District property, in a District vehicle, or at a District-sponsored event.
A student medical marijuana cardholder is subject to, without bias, the same code of conduct and disciplinary standards applicable to all District students.
If District officials have a reasonable belief a student may be under the influence, in possession of or distributing medical marijuana in a manner not authorized by the medical marijuana statutes law enforcement authorities will be informed.
Adopted: October 7, 2014date of Manual adoption
LEGAL REF.:
A.R.S.
4-101
4-241
4-244
13-3401 through 13-3461
15-345
36-2801 et seq., Arizona Medical Marijuana Act
20 U.S.C. 7101 et seq., Safe and Drug-Free Schools and Communities Act
CROSS REF.:
JLC - Student Health Services and Requirements
JLCD - Administering Medicines to Students
REGULATION
DRUG AND ALCOHOL
USE BY STUDENTS
Drug Abuse Prevention
The following administrative procedures are to be used to implement the Governing Board policy on drug abuse prevention:
● It A. It shall be the responsibility of all school employees to report to the principal or other administrator in charge all charge all suspected instances of the use, possession, or sale of drugs.
● Distribution B. Distribution or sale of drugs:
■ When 1. When it is reasonably certain that a student is involved in the distribution or sale of drugs, law enforcement law enforcement authorities and parent(s) or legal guardian(s) shall be contacted.
■ A 2. A student who has been determined to be involved in the distribution of drugs shall be reported to the law reported to the law enforcement authorities and shall be subject to suspension or expulsion.
● Possession C. Possession of drugs:
■ Law 1. Law enforcement authorities shall be contacted when the principal determines that drugs to be used for nonmedical for nonmedical purposes are found in the possession of a student. The principal may also contact law enforcement law enforcement authorities to help make such a determination. Students who are in possession of drugs to drugs to be used for nonmedical purposes may be suspended or expelled.
■ A 2. A student who has been suspended for a drug-related offense for a second time will be referred to the Superintendent the Superintendent for further action (A.R.S. 15-843).
● Under D. Under the influence of drugs:
■ A 1. A student who is reasonably suspected of being under the influence of drugs shall be referred to the school the school office.
■ The 2. The parent(s) or legal guardian(s) of a student who is determined to be under the influence of drugs shall drugs shall be contacted. The student may be suspended or expelled.
■ A 3. A student who has been involved in a drug-related offense for a second time will be referred to the Superintendent the Superintendent for further action (A.R.S. 15-843).
● Student E. Student who seeks help:
■ The 1. The District does not condone the nonmedical use of drugs. The need for the availability of help to those help to those who use/abuse drugs is recognized. It is the position of the District that communications between students communications between students and professional staff members will be held in trust unless it becomes evident that evident that withholding information may result in harm or injury to the student or others. Staff members shall members shall refer students who seek help to the school nurse.
● Involvement F. Involvement with medical drugs (medication):
■ A 1. A student who needs access to medical drugs in school shall leave them, in the original container, with the with the school nurse. Permission and written directions from a physician concerning their use shall be left with left with the school nurse.
■ Students 2. Students who are in possession of medically approved drugs, but have not followed the directions described directions described above, shall be disciplined in accordance with school disciplinary policies.
■ Students 3. Students who distribute such drugs to others will be considered as distributing drugs for nonmedical purposesnonmedical purposes.
● Parental G. Parental involvement:
■ When 1. When the school principal questions a student who is reasonably suspected of having violated the school the school drug policy, reasonable efforts shall be made to notify the student's parents or legal guardian that guardian that such questioning has taken place.
■ Reasonable 2. Reasonable efforts shall be made to notify the parents or legal guardian of a student who has been determined been determined to have violated the school drug policy.
● Medical H. Medical services:
■ A 1. A student who is reasonably suspected of being under the influence of drugs while school is in session shall session shall be referred to the school nurse. Such cases shall be treated like any other medical problem.
■ When 2. When there is reasonable suspicion that any student is under the influence of drugs while at a school activity school activity and health services are unavailable, it shall be the responsibility of the supervisor on duty to call to call for appropriate assistance.
● I. Return to school:
■ When 1. When a student has returned from a suspension for using drugs for nonmedical purposes, reasonable efforts reasonable efforts should be made by school personnel and parent(s) or legal guardian(s) to prevent the problem from problem from recurring. The process could include, but not necessarily be limited to, the following:
⇒ Utilization a. Utilization of community-based programs.
⇒ Inb. In-school group or individual counseling.
⇒ An c. An effort by the professional staff to help the student emphasize the positive alternative to drug-use behavior.
● J. Student neglect, child abuse, or child maltreatment:
■ A 1. A staff member who believes that a parent or other adult is contributing to drug-using behavior of a student a student shall confer with the principal.
■ Such 2. Such a conference does not change the duty of the staff member to ensure that the case is referred to the referred to the appropriate child protective services for further investigation.
● Drug K. Drug education:
■ Substance 1. Substance abuse prevention shall be combined with health, science, citizenship, or a similar program.
■ In 2. In addition to the established curriculum, the principal shall direct the use of other educational informationeducational information, including, but not necessarily limited to, assemblies, speakers, printed materials, class discussions class discussions, and bulletin board materials.
● Student L. Student counseling.
■ Counseling 1. Counseling should emphasize drug abuse prevention as well as treatment, and an effort should be made be made to make it available to all students who desire this service.
■ Counseling 2. Counseling may be done individually or in groups.
■ When 3. When a student seeks out an employee other than a counselor to discuss a drug problem, the particular staff particular staff member shall advise the counselor.
● M. Staff education:
■ Within 1. Within the first thirty (30) days of each school year, the Superintendent shall arrange a meeting that will that will include information on drug abuse prevention. The program will be conducted by personnel trained in drug personnel trained in drug abuse prevention and will include, but not necessarily be limited to, District policies and policies and procedures, identification of commonly used drugs, and an approach that recognizes the dignity and dignity and worth of each student.
● Parent N. Parent and community education:
■ At 1. At least once annually, the District shall sponsor a program for the community on its drug abuse prevention abuse prevention programs. In addition to presentations by school staff members, the program may include representatives may include representatives of law enforcement agencies and medical professions.
■ Additionally2. Additionally, the District may offer programs in parent effectiveness training.
■ News 3. News releases and other forms of communications may be used to educate parents and the communitythe community, using regular school channels for such purposes. Such communications will be approved be approved by the Superintendent.
Confidentiality
In order to preserve the rights of those in a counseling relationship, the counselor will inform the individual that information within the school setting cannot always be kept confidential. In some cases it will be referred to the appropriate individual or agency. Such cases may include those that endanger the welfare of the student or others.
The student shall be advised that school records include data concerning school achievement, test results, and attendance. School records are protected by federal and state statutes and do not include information concerning drug involvement.
EXHIBIT
DRUG AND ALCOHOL
USE BY STUDENTS
In order to comply with federal funding requirements, the District shall:
● GatherA. Gather information relative to local community drug and alcohol counseling, rehabilitation, and
reentry programsreentry programs that are available to students and make such information available to parents and students.
● AnnuallyB. Annually distribute a copy of standards of conduct and the statement of disciplinary sanctions that apply
to alcoholto alcohol and drug violations. A copy of all rules pertaining to discipline, suspension, and expulsion shall
be distributedbe distributed to students, parents, and transfer students at the time of initial enrollment and annually at
the beginningthe beginning of school.
● IndicateC. Indicate in a statement (which could accompany the copy of conduct standard and sanctions) that the use
of illicitof illicit drugs and the unlawful possession and use of alcohol are wrong and harmful.
The District should perform a biennial review of the programs to:
● Ensure A. Ensure that disciplinary sanctions for students are consistently enforced.
● Determine B. Determine program effectiveness and implement change to the program if needed.
REGULATION
DETENTION OF STUDENTS
Teachers may keep students after school to make up work or for disciplinary reasons. The names of students to be kept after school will be reported to the District office not later than _____ p.m. each day.
Students may be kept after school only if prior notice has been given to their parents, and only on days when the District provides a late bus. Teachers are responsible to see that all students are released in time to board the late bus.
No student shall carry or possess a weapon or simulated weapon on school premises without authorization by a school administrator. The Superintendent shall prescribe regulations for student possession of bows or firearms on District property for the purpose of the student's participation in a course of training in bows or firearms approved by the Governing Board and as authorized by Arizona Revised Statutes (A.R.S.) 15-713, 15-714, and 15-714.01. No student shall use or threaten to use a weapon or simulated weapon to disrupt any activity of the District.
Any employee who observes any person in possession of a weapon or simulated weapon on school premises shall immediately report the matter to the school administrator. A school administrator who observes or receives a report of a student possessing a weapon on school premises shall immediately take appropriate safety and disciplinary actions in accordance with District policies and shall immediately report a violation of this policy to a peace officer, pursuant to A.R.S. 15-515, if the weapon is a deadly weapon or the student is a minor in possession of a firearm.
A student who violates this policy by carrying or possessing a firearm shall be placed in an alternative education program for a period of not less than one (1) year, suspended for a period of not less than one (1) year, or expelled and not be readmitted within a one (1)-year period, if ever. The Governing Board, in its sole discretion, may modify the one (1)-year duration of such disciplinary action on a case-by-case basis.
A student who violates this policy by any means other than carrying or possessing a firearm shall be subject to disciplinary action, including but not limited to expulsion. Disciplinary action against a student with one (1) or more disabilities shall be applied on a case-by-case basis in accordance with District policies and state and federal special education laws.
For the purposes of this policy:
A. Weapon means any of the following:
1. A firearm.
2. A knife.
3. A destructive device.
4. A dangerous instrument.
B. Simulated weapon means an instrument displayed or represented as a weapon.
C. Firearm means any of the following:
1. Any loaded or unloaded gun that will, that is designed to, or that may readily be converted to expel a projectile by the action of an explosive.
2. The frame or receiver of any such firearm.
3. Any firearm muffler or silencer.
4. Any explosive, incendiary, poison gas, bomb, grenade, rocket having a propellant charge of more than four (4) ounces, missile having an explosive charge of more than one-fourth (1/4) ounce, mine, or similar device.
5. Any combination of parts that could be readily assembled to form a firearm.
D. Destructive device means:
1. Any device other than a firearm that will, or is designed to, or may be readily converted to expel a projectile by any means of propulsion, such as a BB/pellet gun, slingshot, bow, or crossbow.
2. Any collection of parts that could be readily assembled to form a destructive device.
E. Dangerous instrument means anything other than a firearm, knife, or destructive device that is carried or possessed by a student for the purpose of being used or being available for use to cause death or inflict serious physical injury.
F. School premises means the school, school grounds, school buses, or any premises, grounds, or vehicles used for school purposes and includes premises where school-sponsored events (for example, athletic games and competitions, music competitions, et cetera) are held away from District property.
G. Deadly weapon means any weapon designed for lethal use, including a firearm.
The governing board of an educational institution may not adopt or enforce any policy or rule that prohibits the lawful possession or carrying of a deadly weapon on a public right-of-way by a person or on or within a person's means of transportation.
"Public right-of-way," A.R.S. 13-2911(k)(5) means any highway, street, road, thoroughfare, path, alley or other right-of-way that is publicly accessible and that is established and maintained by this state or a political subdivision of this state. Public right-of-way does not include property of an educational institution.
Adopted: October 25, 2016date of Manual adoption
LEGAL REF.:
A.R.S.
13-2911
13-3102
13-3111
15-341
15-342
15-515
15-713
15-714
15-714.01
15-841
15-843
20 U.S.C. 7151 et seq., The Gun-Free School Act of 1990
CROSS REF.:
JI - Student Rights and Responsibilities
JIC - Student Conduct
JIH - Interrogations, Searches, and Arrests
JK - Student Discipline
JKD - Student Suspension
JKE - Expulsion of Students
(Bullying, Intimidation and Harassment
Other than Sexual Harassment)
Purpose
Students have the right to a safe and supportive school culture of acceptance in which all students are treated with respect. Individuals shall not bully, intimidate or harass any student, employee or any other person The Governing Board believes it is the right of every student to be educated in a positive, safe, caring, and respectful learning environment. The Board further believes a school environment inclusive of these traits maximizes student achievement, fosters student personal growth, and helps students build a sense of community that promotes positive participation as members of society.
The District, in partnership with parents, guardians, and students, shall establish and maintain a school environment based on these beliefs. The District shall identify and implement age-appropriate programs designed to instill in students the values of positive interpersonal relationships, mutual respect, and appropriate conflict resolution.
To assist in achieving a school environment based on the beliefs of the Governing Board, bullying, harassment or intimidation as defined by this policy will not be tolerated.
Definitions
Bullying: Bullying may occur when a student or group of students engages in any form of behavior that includes such acts as intimidation and/or harassment that
A. has the effect of physically harming a student, damaging a student's property, or placing a student in reasonable fear of harm or damage to property,
B. is sufficiently severe, persistent or pervasive that the action, behavior, or threat creates an intimidating, threatening, or abusive environment in the form of physical or emotional harm,
C. occurs when there is a real or perceived imbalance of power or strength, or
D. may constitute a violation of law.
Bullying of a student or group of students can be manifested through written, verbal, physical, or emotional means and may occur in a variety of forms including, but not limited to
A. verbal, written/printed or graphic exposure to derogatory comments, extortion, exploitation, name calling, or rumor spreading either directly through another person or group or through cyberbullying,
B. exposure to social exclusion or ostracism,
C. physical contact including but not limited to pushing, hitting, kicking, shoving, or spitting, and
D. damage to or theft of personal property.
Cyberbullying: Cyberbullying is, but not limited to, any act of bullying committed by use of electronic technology or electronic communication devices, including telephonic devices, social networking and other Internet communications, on school computers, networks, forums and mailing lists, or other District-owned property, and by means of an individual's personal electronic media and equipment.
Harassment: Harassment is intentional behavior by a student or group of students that is disturbing or threatening to another student or group of students. Intentional behaviors that characterize harassment include, but are not limited to, stalking, hazing, social exclusion, name calling, unwanted physical contact and unwelcome verbal or written comments, photographs and graphics. Harassment may be related, but not limited to, race, religious orientation, sexual orientation, cultural background, economic status, size or personal appearance. Harassing behaviors can be direct or indirect and by use of social media.
Intimidation: Intimidation is intentional behavior by a student or group of students that places another student or group of students in fear of harm of person or property. Intimidation can be manifested emotionally or physically, either directly or indirectly, and by use of social media.
Prohibitions and Discipline
Students are prohibited from bullying on school grounds, school property, school buses, at school bus stops, at school sponsored events and activities, and through the use of electronic technology or at school-sponsored events and activities. Nor shall any student encourage, solicit, aid or abet another student in the bullying, harassment or intimidation.
Definition of Harassment,
Intimidation and Bullying
For the purpose of this policy, harassment, intimidation and bullying means any unwanted action which may include a gesture, any written, verbal, physical conduct or any electronic communication whether a single incident or a series of incidents based on real or perceived actions towards any person, person's friends, relatives or associates, or groups for any reason including but not limited to someone's race, color, national origin, ethnicity, religion, disability, age, sex, gender expression or identity or sexual orientation.
Adopted: June 28, 2011electronic communication equipment on school computers, networks, forums, or mailing lists.
Disciplinary action may result for bullying which occurs outside of the school and the school day when such bullying results in a substantial physical, mental, or emotional negative effect on the victim while on school grounds, school property, school buses, at school bus stops, or at school sponsored events and activities, or when such act(s) interfere with the authority of the school system to maintain order. All suspected violations of law will be reported to local law enforcement.
Reporting Incidents
of Bullying
A student who is experiencing bullying, or believes another student is experiencing bullying, is to report the situation to the principal or another school employee. A school employee who becomes aware of or suspects a student is being bullied shall immediately notify the school administrator. School personnel shall maintain confidentiality of the reported information.
The initial notification of an alleged incident may be provided verbally. A detailed written description of the incident and any other relevant information must be provided on form(s) made available by the school and submitted to the principal within one (1) school day of the verbal report. Should the principal be the employee who observes, is informed of, or suspects a student is experiencing bullying the principal shall document the incident or concern in writing. Failure by an employee to report a suspected case of bullying may result in disciplinary action up to suspension without pay or dismissal pursuant to Board Policies GCQF and GDQD.
Reprisal by any student or staff member directed toward a student or employee related to the reporting of a case of bullying or a suspected case of bullying shall not be tolerated, and the individual(s) will be subject to the disciplines set out in applicable District policies and administrative regulations.
At the time a student reports alleged bullying the principal shall provide to the student who has allegedly been bullied a written copy of student rights, protections and support services available to the student and shall notify the student's parent(s) of the report.
The principal shall investigate all reports of bullying. If the principal determines that bullying has occurred, discipline will be administered pursuant to Board Policies JK, JKD, and JKE. Regardless of the outcome of the investigation the principal will meet with the involved students to review the findings of the investigation. Subject to the restrictions of the Family Educational Rights and Privacy Act (FERPA) set out in Policy JR, the parent(s) or guardian(s) of the involved students shall also be informed of the findings of the investigation.
Documentation related to reported bullying and subsequent investigation shall be maintained by the District for not less than six (6) years. In the event the District reports incidents to persons other than school officials or law enforcement all individually identifiable information shall be redacted. Restrictions established by FERPA on disclosure of personally identifiable student information must be observed at all times.
The Superintendent shall establish procedures for the dissemination of information to students, parents and guardians. The information will include, but not be limited to, Governing Board policies, incident reporting, support services (proactive and reactive) and student's rights. The dissemination of this information shall
A. occur during the first (1st) week of each school year,
B. be provided to each incoming student during the school year at the time of the student's registration,
C. be posted in each classroom and in common areas of the school, and
D. be summarized in the student handbook and on the District website, and
the Superintendent shall establish procedures for the dissemination of information to District employees including, but not limited to
A. Governing Board policy,
B. preventive measures,
C. incident reporting procedures,
D. available support services for students (both proactive and reactive), and
E. student rights.
Information will be provided to staff members at the beginning of each instructional year and on the first day of employment for new employees.
The Superintendent shall establish procedures designed to protect the health and safety of students who are physically harmed as the result of bullying. These will include, when appropriate, procedures for contacting emergency medical services, law enforcement agencies, or both.
Knowingly submitting a false report under this policy shall subject the student to discipline up to and including suspension or expulsion. Where disciplinary action is necessary pursuant to any part of this policy, relevant District policies shall be followed.
Law enforcement authorities shall be notified any time District officials have a reasonable belief that an incidence of bullying is a violation of the law.
Adopted: date of Manual adoption
LEGAL REF.:
A.R.S.
13-1202
13-1203
13-1204
13-2321
13-2916
13-2921
13-3506.01
15-341
A.A.C.
R7-2-1308
CROSS REF.:
IJNDB - Use of Technology Resources in Instruction
JI - Student Rights and Responsibilities
JIC - Student Conduct
JII - Student Concerns, Complaints and Grievances
JIC - Student Conduct
JK - Student Discipline
JKD - Student Suspension
JKDA - Removal of Students from School-Sponsored Activities
JKE - Expulsion of Students
JR - Student Records
REGULATION
STUDENT VIOLENCE / HARASSMENT /
INTIMIDATION / BULLYING
(Bullying, Intimidation and Harassment
Other than Sexual Harassment)
Procedures for Making
Formal Complaints
A student who believes he or she has been the victim of or is a witness to bullying, intimidation, or harassment shall immediately notify any teacher, counselor, paraprofessional, school administrator or any other District employee (i.e., bus driver, safety resource officer, food service, custodian, etc.).
The District employee receiving the report/complaint or personally witnesses bullying, intimidation, or harassment, shall immediately report the incident to the appropriate principal, other administrator, or supervisor.
All written complaints of bullying, intimidation, and harassment, shall be documented on the District's complaint form, JICK-EA, Bullying, Intimidation, and Harassment Complaint Form, which is available from the principal or other administrator. Verbal reports of bullying, intimidation, and harassment will be put in writing by the individual complaining or by the person who receives the complaint. Both the person making the complaint and the person completing the complaint form will sign the form (complaint Form JICK-EA).
A parent whose child has been a victim of bullying, intimidation, or harassment, or who has otherwise become aware of such behavior, is encouraged to report the behavior to the school administrator. The complaint should be documented on the Districts complaint Form JICK-EA.
Failure to report an alleged incident of bullying, intimidation, or harassment may subject the District employee to disciplinary action.
Confidentiality of those involved shall be preserved, disclosing information only to the appropriate school administrator/supervisor or as otherwise required by law.
Acts of retaliation or reprisal are prohibited. A person who commits an act of retaliation or reprisal shall be subject to disciplinary action.
Knowingly submitting a false report under Policy JICK or this regulation may subject the student to disciplinary action.
Procedures for Investigation
of Report/Complaint
The building principal, other administrator shall immediately ensure the safety of the student and immediately initiate an investigation of all allegation(s) of bullying, intimidation, or harassment. The parent(s) of all parties involved will be contacted within twenty-four (24) hours by the building administrator. The completion of the full investigation shall not exceed five (5) days during the school year, or ten (10) days when school is not in session. The investigation may include interviews of students involved, including the alleged victim(s), perpetrator(s), and witnesses.
Prior to the end of time period, the school administrator shall meet with the student and parent who reported/complained to discuss conclusions and actions and will prepare a written report of findings, utilizing Form JICK-EB.
Consequences
All violations of Policy JICK shall be treated in accordance with the appropriate procedures and penalties proposed by A.R.S. 15-341 and provided for under Policy JIC, Student Conduct and Policy JK, Student Discipline. Consequences for students range from an informal talk up to and including expulsion as explained in student discipline policies.
Prevention
Each principal or other administrator has the responsibility of maintaining an educational environment free of bullying, intimidation, and harassment. Principals or other administrators shall take appropriate actions to reinforce the School District's bullying, intimidation, and harassment policy. These actions will include:
● Provide staff in-service training once each school year.
● Provide student instruction at the elementary, middle, and high school levels about bullying, intimidation, and harassment.
● Policy JICK, Student Violence/Harassment/Intimidation/Bullying, and this reporting procedure shall be discussed each school year. Discussions shall be carried out in age-appropriate ways, and should assure students that they need not endure any form of bullying, intimidation, or harassment.
● Written copies of District policy regarding bullying, intimidation, and harassment, are available on the District website, student handbooks for each school site, and online for staff.
● Administrators, supervisors, and staff shall provide additional information for students, parents, and staff on the procedures for reporting bullying, intimidation, and harassment on an as-needed basis.
● Bullying, intimidation, and harassment posters must be posted in or near the office of all sites. The poster must contain the purpose, definition, and reporting procedure (using developmentally appropriate language).
The District does not tolerate bullying in any form. Further, the District shall investigate each complaint of bullying and will take appropriate, timely, and responsive action.
Bullying: Bullying may occur when a student or group of students engages in any form of behavior that includes such acts as intimidation and/or harassment that
A. has the effect of physically harming a student, damaging a student's property, or placing a student in reasonable fear of harm or damage to property,
B. is sufficiently severe, persistent or pervasive that the action, behavior, or threat creates an intimidating, threatening, or abusive environment in the form of physical or emotional harm,
C. occurs when there is a real or perceived imbalance of power or strength, or
D. may constitute a violation of law.
Any student who feels he or she has been the victim of bullying or suspects other students of being bullied should file a complaint with the principal or the principal's designee or other school employee. The student's report may be provided verbally or in writing. A student's verbal report will be documented in writing by the employee receiving the report.
Any staff member who becomes aware of or suspects that a student is experiencing bullying shall immediately notify the principal or the principal's designee. Employees may initially give verbal notice to the principal or the principal's designee, but shall submit a written report to the principal or the principal's designee within one (1) school day of the verbal report.
Reprisal directed toward a student or employee for the reporting of a case of bullying or a suspected case of bullying will not be tolerated. Students involved directly or indirectly in reprisal will be disciplined pursuant to Board Policies JK, JKD, and JKE. Any suspected violation of the law will be reported to law enforcement authorities.
Investigation of submitted complaints shall be initiated by the principal or the principal's designee as soon as is feasible, but not later than two (2) school days after the initial report. Each investigation will be comprehensive to the extent determined appropriate by the principal or the principal's designee. In investigating the complaint, the principal or the principal's designee will maintain confidentiality to the extent reasonably possible, subject to the restrictions pertaining to disclosure of personally identifiable student information established in the Family Educational Rights and Privacy Act (FERPA).
Each investigation will be documented by the principal or the principal's designee. Documentation will be maintained by the District for at least six (6) years. In the event the District must report incidents to persons other than school officials or law enforcement, all individually identifiable information shall be redacted.
Should the principal or the principal's designee determine that bullying has occurred discipline will be administered pursuant to Board Policies JK, JKD, and JKE. Regardless of the outcome of the investigation the principal or the principal's designee will meet with the student who reported or was reported as being bullied to review the findings of the investigation. Additionally, the parent(s) or guardian(s) of the involved students will be informed of the findings of the investigation.
The Superintendent is responsible for determining the methods of information delivery to employees and students. The Superintendent shall provide to the school principals, supervisors and all other District employees the information necessary to comply with Governing Board Policy JICK. The information related to bullying is to include but not be limited to preventive measures, incident reporting, related support services available (proactive and reactive), student rights, employee responsibilities, and the ramifications of not reporting a bullying incident or suspicion of bullying. The information shall be disseminated to District personnel at the beginning of each year and as the Superintendent otherwise determines to be appropriate.
The principal or the principal's designee is responsible to ensure information related to bullying is disseminated to students, and parents and guardians. The information shall include but not be limited to Governing Board policy, incident reporting, support services (proactive and reactive) and student's rights. The dissemination of this information will
A. occur during the first (1st) week of each school year,
B. be posted in each classroom and in common areas of the school,
C. be summarized in the student handbook and on the District website, and
D. be provided to each incoming student during the school year at the time of registration.
The principal or the principal's designee is also responsible to ensure information is disseminated to all students who report bullying, including, at the time the incident is reported, a written copy of student rights, protections and support services available to the student; a copy of the report shall also be given to the student's parent(s)/guardian(s).
The principal or the principal's designee is responsible for the maintenance of documentation related to bullying.
EXHIBIT
STUDENT VIOLENCE / HARASSMENT /
INTIMIDATION / BULLYING
COMPLAINT FORM
(To be filed with
any School District employee who will forward this document
to the principal or the principal's designee)
Please print:
Today's DateName ______________________
Date Filed_______________ Date _______
Name of Complainant_______
Address __________________________________________
Address______________
Telephone _________ Another phone where you can be reached __________
During the hours of ___________________________
Telephone Number____________________
E-mail address _______________________________
Complainant is:_______
Student_______
Parent_____
__ Other School Site
I wish to complain against:
Name of person(s) ________________________________________________
__________I wish to make a complaint against:
Person(s) alleged to have committed the bullying, intimidation or harassment:
Specify your complaint by stating the problem as you see it. Describe the incident, the participants, the background to the incident, and any attempts you have made to solve the problem. Be sure to include all relevant dates, times, and places. Additional pages may be attached if necessary.
_______________________________________________________________
_____
__________________________________________________________
__________
Date the alleged bullying, intimidation______________________________________________
Location of alleged incident:_______
______________________________________
Summarize the incident(s) or occurrence(s) as accurately as possible. Describe the incident, the participants, or any background to this incident. Attach additional sheets or use the back side of this form if necessary. Attach any evidence of bullying, intimidation or harassment (i.e., letters, photos, etc.):
_________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
Names of witnesses (If there is anyone who could provide more information
):regarding this complaint, please list name(s), address(es), and telephone number(s).
Name Address Telephone Number
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________
Have you reported this to anyone else:________________________________________________
The projected solution:
Indicate what you think can and should be done to solve the problem. Be as specific as possible.
____
Yes____
No If so, who?_______________________________________________________
___
____________________________________________________________
________
_______________________________________________________
_____________
I certify that this information is correct to the best of my knowledge.
__________________________________________________
__________________
____________________________________________
_
____________________
___________________________________________
_
_____________________
_________________________________________
___________________________
Note: Completion of this form will initiate an investigation of the alleged incident of bullying, intimidation or harassment outlined on this form. Completion of this form or its impending investigation shall not be construed to preclude a victim (or his or her parents if the victim is a minor) from seeking administrative or legal remedies under any applicable provision of law. Submission of a good faith complaint or report of bullying, intimidation or harassment will not affect the complainant or reporter's future employment, grades, learning or working environment or work assignment. The District employee shall preserve the confidentiality of those involved, disclosing the incident only to the appropriate school administrator or as otherwise required by law.
____________________________________
I certify this information is correct to the best of my knowledge.
Signature of Complainant ___________________________ Date _________
Document received by ______________________________ Date _________
Investigating official ________________________________ Date _________
EXHIBIT
STUDENT VIOLENCE / HARASSMENT /
INTIMIDATION / BULLYING
INVESTIGATION REPORT FINDINGS AND
RESULTING ACTIONS - STUDENT
Investigation Report Findings
(To be displayed in school buildings
and in student handbooks)
The Governing Board of the _______________________________ _____________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
Resulting Actions
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
______________________________________________ ____________________
Signature of Principal or Other Date Signed
School Administrator
____________________________________________________________________
Printed Name and Title
School District believes it is the right of every student to be educated in a positive, safe, caring, and respectful learning environment. The Governing Board further believes a school environment that is inclusive of these traits maximizes student achievement, fosters student personal growth, and helps a student build a sense of community that promotes positive participation as citizens in society.
To assist in achieving a school environment based on the beliefs of the Governing Board, bullying in any form will not be tolerated.
Bullying: Bullying may occur when a student or group of students engages in any form of behavior that includes such acts as intimidation and/or harassment that
A. has the effect of physically harming a student, damaging a student's property, or placing a student in reasonable fear of harm or damage to property,
B. is sufficiently severe, persistent or pervasive that the action, behavior, or threat creates an intimidating, threatening, or abusive environment in the form of physical or emotional harm,
C. occurs when there is a real or perceived imbalance of power or strength, or
D. may constitute a violation of law.
Bullying of a student or group of students can be manifested through written, verbal, physical, or emotional means and may occur in a variety of forms including, but not limited to
A. verbal, written/printed or graphic exposure to derogatory comments, extortion, exploitation, name calling, or rumor spreading either directly though another person or group or through cyberbullying,
B. exposure to social exclusion or ostracism,
C. physical contact including but not limited to pushing, hitting, kicking, shoving, or spitting, and
D. damage to or theft of personal property.
Cyberbullying: Cyberbullying is, but not limited to, any act of bullying committed by use of electronic technology or electronic communication devices, including telephonic devices, social networking and other Internet communications, on school computers, networks, forums and mailing lists, or other District-owned property, and by means of an individual's personal electronic media and equipment.
Harassment: Harassment is intentional behavior by a student or group of students that is disturbing or threatening to another student or group of students. Intentional behaviors that characterize harassment include, but are not limited to, stalking, hazing, social exclusion, name calling, unwanted physical contact and unwelcome verbal or written comments, photographs and graphics. Harassment may be related, but not limited to, race, religious orientation, sexual orientation, cultural background, economic status, size or personal appearance. Harassing behaviors can be direct or indirect and by use of social media.
Intimidation: Intimidation is intentional behavior by a student or group of students that places another student or group of students in fear of harm of person or property. Intimidation can be manifested emotionally or physically, either directly or indirectly, and by use of social media.
Students are prohibited from bullying on school grounds, school property, school buses, at school bus stops, at school sponsored events and activities, and through the use of electronic technology or electronic communication equipment on school computers, networks, forums, or mailing lists.
Disciplinary action may result for bullying which occurs outside of the school and the school day when such acts result in a substantial physical, mental, or emotional negative effect on the victim, while on school grounds, school property, school buses, at school bus stops, or at school sponsored events and activities, or when such act(s) interfere with the authority of the school system to maintain order. All suspected violations of law will be reported to local law enforcement.
Students who believe they are experiencing being bullied or suspect another student is bullied should report their concern to any staff member of the School District. School personnel are to maintain appropriate confidentiality of the reported information.
Reprisal by any student directed toward a student or employee related to the reporting of a case or a suspected case of bullying shall not be tolerated, and the individual(s) will be subject to the disciplines set out in applicable District policies and administrative regulations.
Students found to be bullying others will be disciplined up to and including suspension or expulsion from school.
Knowingly submitting a false report under Policy JICK or this exhibit shall subject the student to discipline up to and including suspension or expulsion. Where disciplinary action is necessary pursuant to any part of this policy, relevant District policies shall be followed.
Law enforcement authorities shall be notified any time District officials have a reasonable belief that an incidence of bullying is a violation of the law.
Married students must report any name changes to their guidance counselors or the principal if school records are to reflect the married name on school transcripts. A student's marital status does not reduce the requirements or opportunities of the educational system in the District.
Adopted: date of
manualManual adoption
EXHIBIT
STUDENT ABSENCES AND EXCUSES
ATTENDANCE PROBATION
_________________________________
School Name
_________________________________
Address
_________________________________
City, State, Zip Code
_________________________________
Date
_________________________________
Parent Name
_________________________________
Address
_________________________________
City, State, Zip Code
Re: ______________________________
Student Name
Dear _____________________________
Parent or Guardian:
________________________________ (School Name), strictly adheres to Arizona State law (A.R.S. 15-803) and Flagstaff Unified School District Policy, both of which require that students attend school at least ninety percent (90%) of the available class periods in order to receive credit. Your student, ___________________________ (student name), has accumulated three (3) or more attendance marks in one (1) or more classes. According to District policy, when a student accumulates ten (10) or more attendance marks in any given class during a semester that student is placed on attendance probation and risks the loss of credit. Please find attached ___________________________ (student's first name) attendance profile for this semester.
Educational research universally indicates that regular attendance is directly related to academic achievement. We are committed to ___________________________ (student's first name) success and will provide whatever resources are necessary to help insure it, and simply ask that ___________________________ (student's first name) demonstrate this commitment as well.
Please take a few minutes to discuss this situation with student first name. Should you have any questions please do not hesitate to contact me at _________________________ (school phone number).
Sincerely,
Administrator in Charge
School Name
Administrator Title
Interviews
School officials may question students regarding matters incident to school without limitation. The parent will be contacted if a student interviewed is then subject to discipline for a serious offense. A student may decline at any time to be interviewed by the School Resource Officer (SRO) or another peace officer.
When child abuse or abandonment of a student is alleged.
If a child protective services worker or peace officer enters the campus requesting to interview a student attending the school, the school administrator shall be notified. Access to interview shall be granted when the child to be interviewed is the subject of or is the sibling of or is living with the child who is the subject of an abuse or abandonment investigation. The personnel of the District shall cooperate with the investigating child protective services worker or peace officer. If a student is taken into temporary custody in accordance with A.R.S. 8-821, the child protective services worker or peace officer may be reminded to notify the student's parent of the custody, pursuant to A.R.S. 8-823. The child protective services worker or peace officer shall be requested to establish proper identification and complete and sign a "Form for Signature of Interviewing Officer." Six (6) hours following the relinquishment of custody by the school, school personnel may respond to inquiries about the temporary custody of the child and may, if considered necessary, call the parent.
Abuse or abandonment is not alleged.
No issue of student population safety is presented. If a peace officer enters the campus requesting to interview a student attending the school on an issue other than upon request of the school or for abuse or abandonment, the school administrator shall be notified. If the officer directs that parents are not to be contacted because the interview is related to criminal activity of the parent(s)/guardian, the school official shall comply with the request. Unless these circumstances exist the parent will be contacted and will be asked if they wish the student to be interviewed. If the parent consents the parent will be requested to be present or to authorize the interview in their absence within the school day of the request. Where an attempt was made and the parent(s) cannot could not be reached or did not consent within the school day of the request, the peace officer will then be requested to contact the parent(s) and make arrangements to question the student at another time and place.
Safety of the student population is of concern. When a peace officer is present on the campus to interview students at the request of school authorities due to concerns for the safety of the students in the school population, parent contact shall only be made if a student is taken into custody or following the determination that the student may be subject to discipline for a serious offense. The SRO, present at the request of the school for the continued maintenance of safety and order, may interview students as necessary regarding school related issues as determined by school officials and parents will be contacted if the student is to be taken into custody or if the student is subject to discipline for a serious offense.
Searches
School officials have the right to search and seize property, including school property temporarily assigned to students, when there is reason to believe that some material or matter detrimental to health, safety, and welfare of the student(s) exists. Disrobing of a student is overly intrusive for purposes of most student searches and is improper without express concurrence from school district School District counsel.
Items provided by the District for storage (e.g., lockers, desks) or personal items are provided as a convenience to the student but remain the property of the school and are subject to its control and supervision. Students have no reasonable expectancy of privacy, and lockers, desks, storage areas, et cetera, may be inspected at any time with or without reason, or with or without notice, by school personnel.
Arrest
When a peace officer enters a campus providing a warrant or subpoena or expressing an intent to take a student into custody, the office staff shall request the peace officer establish proper identification, complete, and sign a form for signature of an arresting officer or interviewing officer. The school staff shall cooperate with the officer in locating the child within the school. School officials may respond to parental inquiries about the arrest or may, if necessary, explain the relinquishment of custody by the school and the location of the student, if known, upon contact by the parent.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
8-303
8-304
8-802
8-821
8-823
13-3881
13-3883
15-342
A.G.O.
I04-003
I77-211
I82-094
I88-062
I91-035
EXHIBIT
STUDENT ABSENCES AND EXCUSES
APPEAL OF ACADEMIC PROBATION STATUS
◻ Coconino High School 773-8200 Due date ___________
◻ Flagstaff High School 773-8100
◻ Sinagua High School 527-5500
Name _____________________________ ID# _______________ Grade _________
Class Teacher Projected Grade & Recommendation
0 _____________ ____________ ________________________________________
1 _____________ ____________ ________________________________________
2 _____________ ____________ ________________________________________
3 _____________ ____________ ________________________________________
4 _____________ ____________ ________________________________________
5 _____________ ____________ ________________________________________
6 _____________ ____________ ________________________________________
7 _____________ ____________ ________________________________________
8 _____________ ____________ ________________________________________
This appeal must be accompanied by a letter of appeal and other supporting documents from the student and the parents involved. Students who are denied credit will receive loss of credit for the class or classes.
◻ Appeal is denied and loss of credit is given ___________________________________
________________________________________________________________________
◻ Appeal is granted and credit is allowed ______________________________________
________________________________________________________________________
____________________________________________ _________________________
Student notified by: Date
____________________________________________ _________________________
Parent notified by: Date
____________________________________________ ________________________
Administrator Date
White - Parents Yellow - Cum. Folder Pink - Student Goldenrod - Principal
EXHIBIT
STUDENT INTERROGATIONS,
SEARCHES, AND ARRESTS
ACKNOWLEDGMENT CONCERNING USE
OF STUDENT LOCKERS
I acknowledge and understand that:
● Student A. Student lockers are the property of the District.
● Student B. Student lockers remain at all times under the control of the District.
● I C. I am expected to assume full responsibility for my school locker.
● The D. The District retains the right to inspect student lockers for any reason at any time without notice, without student consent, and without a search warrant.
____________________________________
Student
____________________________________
Date
____________________________________
Locker Number
EXHIBIT
STUDENT INTERROGATIONS,
SEARCHES, AND ARRESTS
FORM FOR SIGNATURE OF
ARRESTING OFFICER
I, ______________________________________________, a duly sworn peace officer and member of the ______________________________ _____________ Department, ________________ _____ division, have asked that _________________________, a student in the ________________ ________________________________________ School, be surrendered to me, and pursuant thereto have taken said student into my custody and am assuming full responsibility for the student's arrest.
Date ______________________ Signature ______ Signature ________________________
Time ____________________________ Badge Badge Number ____________________
School Action
Date and time parents notified (if more than one [1] attempt is made, include
such information here) ____________________________________________________
________________________________________________________________________
___________________________________
Signature Signature of Administrator
1 copy for School Records
1 copy for Parent Mailing
1 copy for Police Officer
1 copy for Witnessing Administrator
REGULATION
RELEASED TIME FOR
RELIGIOUS INSTRUCTION
Procedures for Handling Requests
for Released Time
Requests for released time must be submitted in writing by a sponsoring agency or organization and shall comply with the following requirements:
● The sponsoring agency must give proof that it is a duly constituted and responsible organization.
● The request must be accompanied by a signed affidavit from a parent of each student for whom released time is requested.
● The request must be accompanied by detailed plans with respect to the program to be offered, personnel involved, location (religious activities must be at a location away from public school property), and other pertinent data that school officials deem necessary for the welfare of the students and the protection of the District.
● The request shall give assurance that adequate supervision and security will be afforded released students.
● The request will give assurance that the sponsoring agency assumes full responsibility for the care and custody of the students during the released time. Written assurance will be provided that the Governing Board will not be responsible for the care and custody of students during the released time.
In consideration of requests for released time, District officials will observe the following:
● Require the parents or legal guardian to annually provide written consent for their child to be excused from school for released-time activities.
● Retain the written consent in the same manner as other similar records not required to be entered in the students' official records.
● Ensure that no public funds are expended for released-time activities that have a religious purpose.
● Ensure that the release of students under this policy does not substantially interfere with the students' scheduled activities related to graduation or promotion.
● The provisions of A.R.S. 15-901 relative to average daily attendance and average daily membership are not waived by excusing students for released-time activities.
● No record of a student's released time for religious purposes shall be entered into the official student records maintained by the school.
● Tardiness, truancy, or other problems related to released time may be just cause for withdrawing a student from the released-time program.
EXHIBIT
STUDENT INTERROGATIONS,
SEARCHES, AND ARRESTS
FORM FOR SIGNATURE OF
INTERVIEWING OFFICER
I, ________________________________________________, a duly sworn peace officer and member of the ___________________________ __________________ DepartmentDepartment, ___________________ __ division, have asked that ________________________________, a student in the _______________________________________ SchoolSchool, be made available for interview.
Date ______________________ Signature ______ Signature ________________________
Time ____________________________ Badge Badge Number ____________________
School Action
Date and time parents notified (if more than one [1] attempt is made, include
such information here) ____________________________________________________
________________________________________________________________________
___________________________________
Signature Signature of Administrator
1 copy for School Records
1 copy for Parent Mailing
1 copy for Police Officer
?1 copy for Witnessing Administrator
The Superintendent is directed to establish procedures whereby students with sufficient concern may present a complaint or grievance regarding a violation of their constitutional rights, equal access to programs, discrimination, or personal safety provided that:
● TheA. The topic is not the subject of disciplinary or other proceedings under other policies and regulations of
the Districtthe District, and
● TheB. The procedure shall not apply to any matter for which the method of review is prescribed by law, or
the Governingthe Governing Board is without authority to act.
A complaint or grievance may be raised regarding one (1) or more of the following:
● ViolationA. Violation of the student's constitutional rights.
● DenialB. Denial of an equal opportunity to participate in any program or activity for which the student qualifies
not relatednot related to the student's individual capabilities.
● DiscriminatoryC. Discriminatory treatment on the basis of race, color, religion, sex, age, national origin, or disability.
● ConcernD. Concern for the student's personal safety.
Refer to Board Policy JICK for procedures applying to a complaint or grievance that alleges incidences of student violence, harassment, intimidation, or bullying.
The accusation must be made within thirty (30) calendar days of the time the student knew or should have known that there were grounds for the complaint or grievance. The initial complaint or grievance should be made using form JII-EA; however, a verbal complaint or grievance may be made to any school staff member. The receiving staff member shall immediately inform an administrator of the complaint or grievance.
When the initial complaint or grievance is submitted in a manner other than on the prescribed form, the administrator shall obtain from the student the particulars of the accusation and complete form JII-EA immediately thereafter. The administrator shall especially note all student-provided particulars determined by the Superintendent to be necessary for the complaint or grievance to be investigated. Any question concerning whether a complaint or grievance falls within this policy shall be determined by the Superintendent.
If the receiving school administrator is included in the allegation, the complaint or grievance shall be transmitted to the next higher administrative supervisor. Failure by the staff member to timely inform a school administrator or next higher administrative supervisor of a student's allegation may subject the staff member to disciplinary action. The staff member shall preserve the confidentiality of the subject, disclosing it only to the appropriate school administrator or next higher administrative supervisor or as otherwise required by law.
A student or student's parent or guardian may initiate the complaint process by completing Exhibit JII-EA.
A complaint or grievance may be withdrawn at any time. Once withdrawn, the process cannot be reopened if the resubmission is longer than thirty (30) calendar days from the date of the occurrence of the alleged incident.
Retaliatory or intimidating acts against any student who has made a complaint under this policy and its corresponding regulations, or against a student who has testified, assisted or participated in any manner in an investigation relating to a complaint or grievance, are specifically prohibited and constitute grounds for a separate complaint.
To assure that students and staff are aware of its content and intent, a notice of this policy and procedure shall be posted conspicuously in each school building and shall be made a part of the rights and responsibilities section of the student handbook. Forms for submitting complaints are to be available to students, staff and parents or guardians in the school offices.
Disposition of all complaints or grievances shall be reported to the Superintendent and the compliance officer for discrimination if other than the Superintendent. The Superintendent will determine if the policies of the District have been appropriately implemented and will make such reports and/or referrals to the Board as may be necessary.
The Superintendent shall develop procedures for the maintenance and confidentiality of documentation related to the receipt of a student's complaint or grievance, findings of the investigation, and disposition of the matter. The documentation shall not be used to impose disciplinary action unless the appropriate school official has investigated and determined there was an actual occurrence of the alleged incident.
Knowingly submitting a false report under this policy shall subject the student to discipline up to and including suspension or expulsion. Where disciplinary action is necessary pursuant to any part of this policy, relevant District policies shall be followed.
When District officials have a reasonable belief or an investigation reveals that a reported incident may constitute an unlawful act, law enforcement authorities will be informed.
Adopted: July 9, 2013 date of Manual adoption
LEGAL REF.:
A.R.S.
15-341
CROSS REF.:
AC - Nondiscrimination/Equal Opportunity
ACA - Sexual Harassment
GBEB - Staff Conduct
JB - Equal Educational Opportunities
JIC - Student Conduct
JICFA - Hazing
JICK - Student Violence/Harassment/Intimidation/Bullying
JK - Student Discipline
JKD - Student Suspension
JKE - Expulsion of Students
KE - Public Concerns and Complaints
REGULATION
STUDENT CONCERNS, COMPLAINTS,
AND GRIEVANCES
A student who complains or grieves regarding constitutional rights, equal access to programs, discrimination, or personal safety issues may complain directly to a school administrator, or to a school staff member within thirty (30) days of an alleged occurrence. The initial complaint or grievance should be made using form JII-EA, however, a verbal complaint or grievance may be made. When a school staff member receives the information, the staff member will immediately inform a school administrator. If the complaint or grievance involves a school administrator the staff member shall forward the complaint or grievance to the next administrative level.
Complaints and grievances related to student violence, harassment, intimidation or bullying are to be filed in accordance with Governing Board Policy JICK.
At a minimum the complaint or grievance shall contain the identifying information on the complainant and such specificity of names, places and times as to permit an investigation to be carried out. The written complaint or grievance should contain a requested solution and the submission should be signed and attested to by the complainant. However, an unsigned form will be processed in the same manner as a signed form.
The complaint or grievance will be investigated by a school administrator, a supervising administrator, or another person approved by the Superintendent. The student shall be contacted not later than the school day following the date the school administrator or the administrator's immediate supervisor receives the information. The procedures to be followed are:
● AnA. An investigation of the reported incident or activity shall be made within ten (10) school days when school is
in sessionin session or within fifteen (15) days during which the school offices are open for business when school is not
in sessionin session. Extension of the time line may only be by necessity as determined by the Superintendent.
● TheB. The investigator shall meet with the student who submitted the complaint or grievance at or before the end
of theof the time period and shall discuss the conclusions and actions to be taken as a result of the investigation.
ConfidentialityConfidentiality of records and student information shall be observed in the process of making such a report.
● TheC. The investigator shall prepare a written report of the findings and a copy of the report shall be provided to
the principalthe principal and/or the Superintendent as circumstances warrant.
● AD. A confidential record of each complaint and grievance made pursuant to Policy JII shall be maintained at
the Districtthe District office. The record shall include a copy of the complaint or grievance filed by a student, findings of
the investigationthe investigation, and the disposition of the matter.
● UnlessE. Unless a determination has been made by the appropriate investigating official that the reported
incident actuallyincident actually occurred, the record shall not be used for the imposition of discipline.
Where disciplinary action is necessary, District policies shall be followed.
When District officials have a reasonable belief or an investigation reveals that a reported incident may constitute an unlawful act, law enforcement authorities will be informed.
EXHIBIT
STUDENT CONCERNS, COMPLAINTS,
AND GRIEVANCES
COMPLAINT FORM
(To be filed with a school administrator or the administrator's immediate
supervisor, or or
a school staff member who will forward this form to the
school administrator or
the administrator's immediate supervisor)
Additional pages may be attached if more space is needed.
Please print:
Name Name ______________________________________ __ Date _____________
Address ____________________________________________________________
Telephone _____________ Another phone where you can be reached __________
During the hours of ___________________________________________________
E-mail address ______________________________________________________
I wish to complain against:
Name of person, school (department), program, or activity ____________________
___________________________________________________________________
___________________________________________________________________
Address ____________________________________________________________
Specify your complaint by stating the problem as you see it. Describe the incident, the participants, the background to the incident, and any attempts you have made to solve the problem. Be sure to note all relevant dates, times, and places.
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
If there is anyone who could provide more information regarding this, please list name(s), address(es), and telephone number(s).
Name Address Name Address Telephone Number
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
The projected solution
Indicate what you think can and should be done to solve the problem. Be as specific as possible.
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
_________________________
_____________________________________
______________________________
________________________________
___________________________________
___________________________
________________________________________
______________________
_____________________________________________
_________________
__________________________________________________
____________
______________________________________________________________
I certify that this information is correct to the best of my knowledge.
______________________________________ _ _________________________
Signature of Complainant Date Complainant Date Signed
______________________________________ _ _________________________
Administrator or professional staff member Date member Date initial complaint received
receiving initial complaint
The investigator shall give one (1) copy to the complainant and retain one (1) copy for the file.
EXHIBIT
IMMUNIZATION OF STUDENTS
2016-2017 ARIZONA SCHOOL
IMMUNIZATION REQUIREMENTS
| ||||||||||||||||||||||||||||||||||||||||
Exceptions and Additions
to the Rules
Parents whose religious beliefs do not allow immunization must sign a Religious Beliefs Exemption Form. A medical exemption form must be signed by the child's doctor if there is lab evidence of immunity or a medical reason why the child cannot receive shots. A copy of the lab results must be kept on file to prove the child's immunity.
1. Students must have proof of all required immunizations, or valid exemption, in order to attend school. Arizona law allows exemptions for medical reasons, lab evidence of immunity and personal beliefs. Exemption forms are available from schools and at http://azdhs.gov/phs/immunization/school-childcare/ requirements.htm. Homeless students are allowed a five (5)-day grace period.
2. The immunization record for each vaccine dose must include the date and name of doctor or clinic.
3. The statutes and rules governing school immunization requirements are: Arizona Revised Statutes 15-871 - 15-874; Arizona Administrative Code, R9-6-701 - 708.
Note: Arizona Department of Health Services (ADHS) observes a four (4)-day grace period for vaccine ages and intervals, except for the space between two (2) live vaccines such as Varicella and MMR, which must be given at least twenty-eight (28) days apart if they are not administered on the same day.
Source: Arizona Immunization Program Office
EXHIBIT
STUDENT CONCERNS, COMPLAINTS,
AND GRIEVANCES
(To be displayed in school buildings
and in student handbooks)
Students may present a complaint or grievance regarding one (1) or more of the following:
● ViolationA. Violation of the student's constitutional rights.
● DenialB. Denial of an equal opportunity to participate in any program or activity for which the student qualifies
not relatednot related to the student's individual capabilities.
● DiscriminatoryC. Discriminatory treatment on the basis of race, color, religion, sex, age, national origin, or disability.
● ConcernD. Concern for the student's personal safety.
Complaints and grievances related to allegations of student violence, harassment, intimidation or bullying are to be filed in accordance with Board Policy JICK.
Provided that:
● TheA. The topic is not the subject of disciplinary or other proceedings under other policies and regulations of
this Districtthis District, and
● TheB. The procedure shall not apply to any matter for which the method of review is prescribed by law, or
the Governingthe Governing Board is without authority to act.
The guidelines to be followed are:
● TheA. The accusation must be made within thirty (30) calendar days of the time the student knew or should
have knownhave known that there were grounds for the complaint/grievance.
● TheB. The complaint/grievance shall be made only to a school administrator or a school staff member.
● TheC. The person receiving the complaint will gather information for the complaint form.
● AllD. All allegations shall be reported on forms with the necessary particulars as determined by the Superintendent. Forms are available in the school office.
● TheE. The person receiving the complaint shall preserve the confidentiality of the subject, disclosing it only to
the appropriatethe appropriate school administrator or next higher administrative supervisor or as otherwise required by law.
Any question concerning whether the complaint or grievance falls within this policy shall be determined by the Superintendent.
A student or student's parent or guardian may initiate the complaint process by completing Exhibit JII-EA.
A complaint or grievance may be withdrawn at any time. Once withdrawn, the process cannot be reopened if the resubmission is longer than thirty (30) calendar days from the date of the occurrence of the alleged incident. False or unproven complaint documentation shall not be maintained.
Retaliatory or intimidating acts against any student who has made a complaint under the District policy and its corresponding regulations, or against a student who has testified, assisted or participated in any manner in an investigation relating to a complaint or grievance, are specifically prohibited and constitute grounds for a separate complaint.
Knowingly submitting a false report under this policy shall subject the student to discipline up to and including suspension or expulsion. Where disciplinary action is necessary pursuant to any part of this policy, relevant District policies shall be followed.
When District officials have a reasonable belief or an investigation reveals that a reported incident may constitute an unlawful act, law enforcement authorities will be informed.
The Superintendent may approve the establishment of student organizations appropriate to grade levels within the District.
School activities shall not be held on Sundays unless they have been cleared with the Superintendent.
Student Clubs Sponsored by
Outside Agencies
Student clubs sponsored by agencies outside the schools but wishing to use school facilities must meet all school regulations concerning school clubs and sponsors. They must also have the approval of the school student council involved.
Secret Societies
Secret societies, clubs, or organizations that are unknown to and/or unapproved by school officials are expressly forbidden in the District schools.
Initiation
There shall be no initiation or induction of any students into any school, class, club, or organization without the advance knowledge and consent of appropriate school officials, and then only if all details of any initiation or induction ceremonies are planned with and approved by appropriate school officials.
Adopted: date of
manualManual adoption
Student meetings may be held in the school(s) of the District that offer instruction in grades seven (7) and eight (8) or above under a "limited open forum" if requested by a pupil in grade seven (7) or above. Furthermore, insofar as the District has a procedure defined as a "limited open forum" under the provisions of Title VIII, the Equal Access Act, Section 801 et seq., the District school(s) shall offer to students a fair opportunity to conduct meetings using school facilities whereupon:
● SuchA. Such meetings are voluntary and student initiated.
● ThereB. There is no sponsorship of such meetings by the District, District employees or governmental entities,
or employeesor employees of governmental entities.
● DistrictC. District employees present at religious meetings will be present only in a nonparticipatory capacity.
● SuchD. Such meetings shall not materially and substantially interfere with the orderly conduct of the
educational activitieseducational activities of the District.
● NonschoolE. Nonschool persons shall not be permitted to direct, conduct, control, or regularly attend such student
group meetingsgroup meetings.
Neither the District, any employee or agent of the District, nor of any State state or federal governmental entity shall be permitted to:
● Influence A. Influence the form or content of any prayer or other religious activity connected with student meetings.
● Require B. Require any person to participate in prayer or other religious activity.
● Expend C. Expend public funds beyond the incidental cost of providing the space for such student-initiated meetings.
● Compel D. Compel any employee of the District to attend a school meeting that is contrary to the beliefs of the employee.
● Sanction E. Sanction meetings that are otherwise unlawful.
● Limit F. Limit the rights of groups of students to avail themselves under the provisions of this policy to a specified numerical specified numerical size.
● Abridge G. Abridge either Arizona or U.S. constitutional rights of any employee, official, or student of the District.
Nothing in this policy shall be construed to limit the authority of the school or its agents or employees to maintain order and discipline on school premises, to protect the well-being of students and employees, and to assure that attendance of students at such meetings is voluntary.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-720
20 U.S.C. 4071 -4074 et seq. Equal Access Act, (Section 801 et seq.)
20 U.S.C. 7905
CROSS REF.:
KF - Community Use of School Facilities
An integral part of the education process is the learning derived from participation in school-sponsored social activities. Such activities shall have certificated school personnel as sponsors at all events.
It shall be the responsibility of the Superintendent to require that the principal and the staff of each involved school, with the cooperation of the student council, The Superintendent may require each school to develop rules and regulations concerning such activities.
Adopted: date of
manualManual adoption
Any student or group of students planning to give public performances representing the District shall first secure permission from the principal. Such performances shall be in keeping with the general goals and objectives of the educational program and the following:
● FundsA. Funds, if collected, shall be credited to the appropriate student activities fund account.
● The B. The participation in the project will not deprive students of time needed in acquiring basic skills.
● The C. The regular schedule will not be interrupted unless the majority of the students benefit through their participation.
● The D. The activity shall contribute to the educational program.
Adopted: date of
manualManual adoption
Fund-raising activities by students on school premises or elsewhere as representatives of the school will be permitted only for the types of fund-raising activities approved by the Governing Board and when connected with specific school activities approved by the Superintendent.
Individual school fund-raising activities may be recommended by the student council in a school, and must have the approval of the principal.
District-wide fund-raising activities must have the recommendation of the supervising administrator.
Participation in contests or fund-raising activities shall be governed by the following criteria:
● The A. The aim of the activity shall benefit youth in educational, civic, social, and ethical development.
● The B. The activity shall not be detrimental to the regularly planned instruction.
The proceeds of all fund-raising activities shall be deposited in the Student Activity Fund, and funds from such activities shall be used only as specified in the Uniform System of Financial Records.
Adopted: date of
manual adoptionManual adoption
LEGAL REF.:
A.R.S.
15-1121 through 1123
CROSS REF.:
DIC - Financial Reports and Statements
JJF - Student Activities Funds
Upon recommendation by the Superintendent, the Board will designate a student activities treasurer. The Superintendent shall assure the establishment and maintenance of a "Student Activity Fund" as defined in A.R.S. 15-1121 through A.R.S. 15-1124.
When appropriate, and upon recommendation by the Superintendent, the Board may designate an assistant activities treasurer for each school.
The Superintendent shall require the establishment of appropriate procedures whereby all persons having any duties relating to such funds are advised of the requirements and responsibilities therefor. All such persons shall be held strictly accountable for the manner in which these guidelines are followed.
The Superintendent shall ensure that an accurate, detailed record of all revenues and expenditures of the student activities fund is kept. The record shall be made in such form as the Board prescribes. Copies of the record shall be presented to the Board not less than once during each calendar month.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-1121 et seq.
CROSS REF.:
DIB - Types of Funds/Revolving Funds
Student participation in contests shall be limited to activities and events that relate to the educational needs and interests of students and do not promote private or commercial interests. The Superintendent shall establish procedures and regulations governing participation in such contests.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-1241
A.A.C.
R7-2-313
REGULATION
CONTESTS FOR STUDENTS
Participation in contests shall be optional and shall be kept within reasonable bounds. The following statements shall be a guide for determining participation in contests:
● The A. The primary educational aims and the needs and interests of the students must be a consideration at all times.
● The B. The school and its students shall not be used to promote private or commercial interests.
● All C. All materials or activities initiated by private sources shall be judged on grounds of their:
■ Direct 1. Direct contribution to educational values.
■ Factual 2. Factual accuracy.
■ Good 3. Good taste.
● Consideration D. Consideration shall be given in all cases to protecting students and teachers against unreasonable added work added work and responsibilities.
● Arizona E. Arizona Interscholastic Association regulations shall prevail with high school students who officially represent a High Schoolrepresent the District.
General
The purpose of interscholastic athletics is both educational and recreational. The school sports program should encourage participation by as many students as possible and should always be conducted with the best interests of the participants as the first consideration.
District participation in interscholastic athletics shall be subject to approval by the Board. This shall include approval of membership in any leagues, associations, or conferences, and of any new agreements with other schools for a series of games or events.
The following rules shall be observed for participation by individual students:
● For A. For each type of sport in which the student engages, the parents or guardian must give written consent.
● The B. The student must be determined by a physician to be physically fit for the sport.
The Superintendent shall set up other rules for participation, such as those governing academic standing, in accordance with policies of the District and pertinent regulations and recommendations of the state interscholastic athletic association.
Health and Safety of Participants
The health and safety of participants in interscholastic athletic activities must receive careful consideration.
The Board may develop, in response to relevant athletic association directives and medical advisories, appropriate guidelines, information and forms to inform and educate coaches, pupils and parents of Heat Acclimatization and Exertional Heat Illness and the risks of continued participation in athletic activity after a related episode. District and school health and safety management plans may include Heat Acclimatization Protocol, Hydration Strategies, Return to Play standards, and follow-up/clearance requirements released by the Arizona Interscholastic Association (AIA) as Bylaw 14.17 and duplicated in JJIB-EB.
The Board shall develop, in consultation with the Arizona Interscholastic Association (AIA) guidelines, information and forms to inform and educate coaches, pupils and parents of the dangers of concussions and head injuries and the risks of continued participation in athletic activity after a concussion.
Before a student participates in an athletic activity, the student, the student's parents, and the coaches shall participate in a District program to educate program participants of the danger of concussions, head injuries, and the risk of continued participation in athletic activity after a concussion. Students and parents shall sign the AIA form (Exhibit JJIB-EEA) at least once each school year stating awareness of the nature and risk of concussion. The District shall retain documentation of the participation of all affected coaching staff members in the program. For the purpose of this policy, athletic activity does not include:
● danceA. dance,
● rhythmic B. rhythmic gymnastics,
● competition C. competition or exhibitions of academic skills or knowledge or other similar forms of physical noncontact activitiesnoncontact activities,
● civic D. civic activities or academic activities, whether engaged in for the purpose of competition or recreation.
A student who is suspected of sustaining a concussion in a practice session, a game, or other interscholastic athletic activity shall be immediately removed from the athletic event. A coach from the student's team or an official or licensed health care provider may remove a student from play. A team parent may also remove his or her own child from play. A student may return to play on the same day if a health care provider rules out a suspected concussion at the time the student is removed from play. On a subsequent day, the student may return to play if the student has been evaluated by and receives written clearance to resume participation in athletic activity from a health care provider who has been trained in the evaluation and management of concussions and head injuries as prescribed by A.R.S. 15-341.
A group or organization that uses property or facilities owned or operated by the District for athletic activities shall comply with the policies of the Board related to concussions and head injury. This requirement does not apply to teams based in another state participating in athletic events in Arizona.
A District employee, team coach, official, team volunteer or a parent or guardian of a team member is not subject to civil liability for any act, omission or policy undertaken in good faith to comply with the requirements of this policy or for decisions made or actions taken by a health care provider. Further, the District and its employees and volunteers are not subject to civil liability for any other person's or organization's failure or alleged failure to comply with the requirements of this policy.
Participants must be provided access to water at all times during practice sessions, games, or other interscholastic athletic activities.
The Superintendent shall require that regulations for health and safety of participants in interscholastic athletics be developed, implemented, and enforced. Such regulations may, at the discretion of the Superintendent, be incorporated into this policy as an administrative regulation.
Adopted: June 25, 2013date of Manual adoption
LEGAL REF.:
A.R.S.
15-341
15-802.01
A.A.C.
R7-2-808
A.G.O.
I86-095
CROSS REF.:
JJJ - Extracurricular Activity Eligibility
KF - Community Use of School Facilities
REGULATION
INTERSCHOLASTIC SPORTS
District Students
The Superintendent shall establish a program that will be presented prior to the start of any athletic activity each year and as needed throughout the school year to educate students, parents/guardians of students, and coaches who participate or coach athletic activities of the danger of concussions, head injuries, and the risk of continued participation in athletic activity after a concussion. The program shall comply with the guidelines, information and forms developed in consultation with the Arizona Interscholastic Association.
Information related to attending a District-established program and the requirements to attend a District-established program prior to participation in an athletic event will be made available by the principal to students, parents/guardians of students, and coaches prior to the start of athletic activities each school year and throughout the school year.
School principals shall be responsible for the implementation of the program at the school site and shall ensure that no student participates in an athletic activity prior to the student and the student's parents/guardians having annually attended the District's established program as verified by their signatures. Further, the principals shall be responsible for the participation and documentation of all coaches in the program prior to beginning a coaching assignment.
Signature verification of all program participants shall be provided on the District-approved form (JJIB-EEA), submitted to the school principal, and filed in the school office.
The principals shall advise all staff members assigned to the school of the requirements of Policy JJIB and this regulation.
Groups or Organizations
The principals shall ensure that all groups or organizations using property or facilities owned or operated by the District for athletic activities shall comply with Governing Board Policy JJIB related to concussions and head injury.
All groups or organizations who request use of District-owned or -operated property or facilities shall submit to the principal a written document describing the group's or organization's program and verifying that the program is and shall continue to be compliant with A.R.S. 15-341 and Board Policy JJIB. The submitted document must be signed by an official authorized by the group or organization, dated and submitted with the District's Community Use of School Facilities form to the principal a minimum of two (2) weeks prior to the requested first use date.
Records Compliance
All documentation related to Board Policy JJIB will be maintained pursuant to management standards adopted by the Arizona State Library, Archives and Public Records and Board Policy EHB, Data/Records Retention.
EXHIBIT
INTERSCHOLASTIC SPORTS
(Mild Traumatic Brain Injury (MTBI) / Concussion)
STATEMENT AND ACKNOWLEDGEMENT FORM
I, ____________________________ (student), acknowledge that I have to be an active participant in my own health and have the direct responsibility for reporting all of my injuries and illnesses to the school staff (e.g., coaches, team physicians, athletic training staff). I further recognize that my physical condition is dependent upon providing an accurate medical history and a full disclosure of any symptoms, complaints, prior injuries and/or disabilities experienced before, during or after athletic activities.
By signing below, I acknowledge:
● My A. My institution has provided me with specific educational materials including the Centers for Disease Control Control (CDC) Concussion Fact Sheet (http://www.cdc.gov/ concussion/HeadsUp/youth.html) on what a concussion is concussion is and has given me an opportunity to ask questions.
● I B. I have fully disclosed to the staff any prior medical conditions and will also disclose any future conditions.
● There C. There is a possibility that participation in my sport may result in a head injury and/or concussion. In rare casesrare cases, these concussions can cause permanent brain damage, and even death.
● A D. A concussion is a brain injury, which I am responsible for reporting to the team physician or athletic trainer.
● A E. A concussion can affect my ability to perform everyday activities, and affect my reaction time, balance, sleep, and and classroom performance.
● Some F. Some of the symptoms of concussion may be noticed right away while other symptoms can show up hours or days or days after the injury.
● If G. If I suspect a teammate has a concussion, I am responsible for reporting the injury to the school staff.
● I H. I will not return to play in a game or practice if I have received a blow to the head or body that results in concussion in concussion related symptoms.
● I. I will not return to play in a game or practice until my symptoms have resolved AND I have written clearance to do clearance to do so by a qualified health care professional.
● J. Following concussion the brain needs time to heal and you are I am much more likely to have a repeat concussion or concussion or further damage if you I return to play before your my symptoms resolve.
Based on the incidence of concussion as published by the CDC the following sports have been identified as high risk for concussion; baseball, basketball, diving, football, pole vaulting, soccer, softball, spiritline and wrestling.
I represent and certify that I and my parent/guardian have read the entirety of this document and fully understand the contents, consequences and implications of signing this document and that I agree to be bound by this document.
Student Athlete:
Print Name: ______________________________ Signature: _____________________
Date: ___________Date: ____________________
Parent or legal guardian must print and sign name below and indicate date signed.
Print Name: ______________________________ Signature: _____________________
Date: ___________Date: ____________________
Reproduction of AIA FORM 15.7-C 02/11 which may be used in lieu of this document.
EXHIBIT
INTERSCHOLASTIC SPORTS
HEAT ACCLIMATIZATION AND
EXERTIONAL HEAT ILLNESS
Bylaw 14.17 - Heat Acclimatization
and Exertional Heat Illness
Management Policy
14.17.1. It is the position of the Arizona Interscholastic Association (AIA) that prevention is the best way to avoid exertional heat stroke. Prevention includes educating athletes and coaches about:
1. Recognition and management of exertional heat illnesses;
2. The risks associated with exercising in hot, humid environmental conditions;
3. The need for gradual acclimatization over a fourteen (14) day period;
4. Guidelines for proper hydration;
5. Implementing practice/competition modifications according to local temperature local temperature and relative humidity readings.
14.17.2 - Definitions
Exertional heat illness includes the following conditions, ordered from the least to the most dangerous:
1. Exercise associated muscle cramps: an acute, painful, involuntary muscle contraction usually occurring during or after intense exercise, often in the heat, lasting approximately one to three (1-3) minutes.
2. Heat syncope: also known as orthostatic dizziness, it refers to a fainting episode that can occur in high environmental temperatures, usually during the initial days of heat exposure.
3. Exercise (heat) exhaustion: the inability to continue exercise due to cardiovascular insufficiency and energy depletion that may or may not be associated with physical collapse.
4. Exertional heat stroke: a severe condition characterized by core body temperature greater than forty degrees Celsius (> 40°C); one hundred four degrees Fahrenheit (104°F), central nervous system (CNS) dysfunction, and multiple organ system failure induced by strenuous exercise, often occurring in the hot environments.
Heat Acclimatization Protocol
Days One through Five:
● Days A. Days one through five (1-5) of the heat-acclimatization period consist of the first five (5) days of formal practiceformal practice. During this time, athletes may not participate in more than one (1) practice per day.
● If B. If a practice is interrupted by inclement weather or heat restrictions, the practice should recommence once conditions once conditions are deemed safe. Total practice time should not exceed three (3) hours in any one (1) day. In addition In addition to practice, a one (1)-hour maximum walk-through is permitted during days one through five (1-5) of of the heat-acclimatization period. However, a three (3)-hour recovery period should be inserted between the between the practice and walk-through (or vice versa). (Note: A walk-through is defined as no contact with other individualsother individuals, dummies, sleds or shields).
● During C. During days one through three (1-3) of the heat-acclimatization period, in sports requiring helmets or shoulder padsshoulder pads, a helmet is the only protective equipment permitted. The use of shields and dummies during this time is permissible time is permissible as a noncontact teaching tool.
● During D. During days four through six (4-6), only helmets and shoulder pads may be worn.
● E. Football only: On days four through six (4-6), contact with blocking sleds and tackling dummies may be initiatedbe initiated.
Days Six through Fourteen:
● Beginning A. Beginning no earlier than day six (6) and continuing through day fourteen (14), double-practice days must be followed be followed by a single-practice day.
● On B. On single-practice days, one (1) walk-through is permitted, separated from the practice by at least three (3) hours hours of continuous rest. When a double-practice day is followed by a rest day, another double-practice day practice day is permitted after the rest day.
● On C. On a double-practice day, neither practice should exceed three (3) hours in duration, nor should student-athletes participate in more than five (5) total hours of practice. Warm-up, stretching, cool-down, walk-through, conditioning, and weightroom activities are included as part of the practice time. The two (2) practices practices should be separated by at least three (3) continuous hours in a cool environment.
● Beginning D. Beginning on day seven (7), all protective equipment may be worn and full contact may begin.
● FullE. Full-contact sports may begin one hundred percent (100%) live contact drills no earlier than day seven (7).
● Because F. Because the risk of exertional heat illnesses during the preseason heat-acclimatization period is high, we strongly we strongly recommend that an athletic trainer be on site before, during, and after all practices.
14.17.3 - Hydration Strategies:
● SufficientA. Sufficient, sanitary, and appropriate fluid should be readily accessible and consumed at regular intervals beforeintervals before, during, and after all sports participation and other physical activities to offset sweat loss and maintain adequate and maintain adequate hydration while avoiding overdrinking.
● GenerallyB. Generally, one hundred to two hundred fifty milliliters (100 to 250 ml; approximately three [3] to eight [8] oz.) every every twenty (20) minutes for nine to twelve (9-12) year olds and up to one to one and one-half liters (1.0 to 1to 1.5 L; approximately thirty-four to fifty ounces [34 -50] oz.) per hour for adolescent boys and girls is enough to enough to sufficiently minimize sweating-induced body-water deficits during exercise and other physical activity as long as long as their pre-activity hydration status is good.
● PreC. Pre-activity to post-activity body-weight changes can provide more specific insight to a person's hydration status hydration status and rehydration needs. Athletes should be well-hydrated before commencing all activities (see guideline see guideline box format).
● The D. The following guidelines are suggested:
Condition % Body Weight Change
Well hydrated +1 to -1
Minimal dehydration - 1 to - 3
Significant dehydration - 3 to - 5
Serious dehydration > - 5
% Body weight change = [(pre-exercise body weight -
postexercise body weight) / pre-exercise body weight] x 100
14.17.3 - Return to Play Following
Exertional Heat Stroke
The following is the protocol for return to play following heat stroke:
1. Refrain from exercise for at least seven (7) days following the acute event.
2. Follow up in about one (1) week for physical exam by a licensed physician (MD, DO).
3. When cleared for activity by a licensed physician, begin exercise in a cool environment and gradually increase the duration, intensity, and heat exposure for two (2) weeks to acclimatize and demonstrate heat tolerance under the direction of a licensed healthcare professional.
4. If return to activity is difficult, consider a laboratory exercise-heat tolerance test about one (1) month post-incident.
5. Athlete may be cleared for full competition if heat tolerance exists after two to four (2-4) weeks of training.
The AIA also recommends that any athlete suspected of having suffered exertional heat exhaustion be referred to a licensed physician for follow-up medical examination and clearance.
14.17 will be effective July 1, 2012 for 2102-2013. This proposed bylaw had input from the AIA Football Sports Advisory Committee via participation in the May 22, 2012 AIA Executive Board meeting and the May 24, 2012 AIA SMAC meeting. 14.17 will carry possible violations as they relate to football but will be recommendations, at this point, related to all other sports as reflected in each sport specific bylaw.
Questions regarding this bylaw can be directed to the AIA office via the athletic administrator and/or site administrator.
Reproduction of AIA Bylaw 14.17.
All interscholastic activities in grades seven (7) through twelve (12) __________________________ through ____________________________ that are 1) of a competitive nature and involve more than one (1) school where a championship, winner, or rating is determined and 2) endeavors for which no credit is earned in meeting graduation or promotion requirements that are of a continuous and ongoing nature, organized, planned, or sponsored by the District, consistent with District policy, shall be conducted under the provisions of this policy. Such activities will be established and designed to offer students worthwhile athletic and leisure-time interests, wholesome recreational and social activity, and an opportunity to develop skills in democratic and cooperative management for these activities. These programs will be appropriate to the maturity of students and as varied as staff and facilities permit.
All such activities conducted under the auspices of the District shall be under the direct supervision of the certificated individual responsible for the activity.
It is necessary to have the extracurricular activities function within a realistic framework of control. In order that overenthusiastic students do not place a social or athletic function on a higher plane than the academic program, the following policy will be adhered to:
A. Students who, upon having their work checked on a cumulative basis at the end of each two (2________________ (___)-week period, show that they are not working to capacity and have one (1) or more failing grades will be removed from any athletic teams or extracurricular activities. After improving their respective grades such that they are passing on a cumulative basis, they shall be reinstated to the teams or extracurricular activities until a subsequent check is performed unless ineligible for some reason other than academic performance.
B. The eligibility criterion for extracurricular participation shall be a passing grade in all classes in which the student is enrolled, and the student shall maintain progress toward promotion or graduation.
C. The responsibility for notification of students and parents of these requirements and for enforcement of the above rule rests with the Superintendent.
D. The student and the parents or guardian shall be notified of ineligibility in a manner such that confidentiality is maintained when:
1. Ineligibility is pending.
2. Ineligibility is determined to be necessary.
E. Support services shall be made available to students who become ineligible for extracurricular programs as well as to students notified of pending ineligibility.
Students whose behavior presents a problem or jeopardizes school discipline may be ineligible for participation in extracurricular activities until such time as their behavior warrants reinstatement.
The same general standards shall apply for special education students except that such eligibility shall be determined on a case-by-case basis in relationship to the respective students' individual education programs.
A school district governing board, a charter school or an interscholastic athletic association of which a school district governing board or charter school is a member may not prohibit a pupil from wearing a religious or cultural accessory or hair piece while participating in an extracurricular or athletic activity if the accessory or hair piece does not jeopardize the health or safety of the pupil or any other person participating in the activity, as determined by the supervisor of the extracurricular activity or the officiant of the athletic activity.
The Superintendent shall establish regulations to ensure that:
A. Necessary documents in support of this policy are maintained.
B. Necessary data related to ineligible students are collected and reported as required by law.
C. The cultural traditions of students are considered when establishing or enforcing rules related to participation in extracurricular activities.
D. The requirements of this policy are met.
The Superintendent may develop additional rules or procedures for the proper conduct of extracurricular programs and the implementation of the provisions of this policy.
Adopted: January 10, 2017date of Manual adoption
LEGAL REF.:
A.R.S.
15-347
15-705
15-802.01
A.A.C.
R7-2-808
CROSS REF.:
JB - Equal Educational Opportunities
JI - Student Rights and Responsibilities
JICEC - Freedom of Expression
JII - Student Concerns, Complaints, and Grievances
JJIB - Interscholastic Sports
EXHIBIT
REPORTING CHILD ABUSE /
CHILD PROTECTION
SUSPECTED ABUSE, PHYSICAL INJURY, CHILD ABUSE,
REPORTABLE OFFENSE OR NEGLECT
To: Department of Child Safety, D.E.S. (or law enforcement agency)
Student's Birth
name ________________________________ date __________ Sex ____
Address ______________________________________________________
Names of parents/guardians _______________________________________
E-mail address _________________________________________________
School _____________________ Grade _____ Teacher ______________
Description of suspected present or prior abuse, child abuse, physical injury,
or neglect (use additional page if necessary) __________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
Symbols: Severity:
A = Abrasion (1) = Mild
Bl = Blister (2) = Moderate
Bu = Burn (3) = Severe
Br = Bruise
La = Laceration
Le = Lesions
S = Scar
R = Rash
V = Vermin
O = Other (describe)
________________________________________ __________________
Signature and Title of Person Making the Report Date
Oral Report to: Name ___________________________________________
Agency _____________________________ Position ________________
Date ________________________ Time _________________________
Written report to ___________________________ Date ______________
Copy filed in school nurse's office
The Superintendent shall recommend policies and develop procedures for the discipline of students that comply with A.R.S. 15-843. These policies and procedures will apply to all students traveling to, attending, and returning from school, and while visiting another school or at a school-sanctioned activity and may be imposed if the student's behavior affects the school order, or in any other situation in which the District may lawfully exercise its authority to discipline a student. When suspension or expulsion is involved, notice, hearing, and appeal procedures shall conform to applicable legal requirements.
The discipline, suspension and expulsion of pupils shall not be based on race, color, religion, sex, agedisability, national origin, sexual orientation and disabilityancestry or any other unlawful reason. A substantial or deliberate failure to comply with the prohibition against race, color, religion, sex, national origin or ancestry disability, national origin, ancestry or any other unlawful reason may subject the District to the loss of funds imposed by A.R.S. 15-843.
The principal of each District school shall ensure that a copy of all rules pertaining to discipline, suspension, and expulsion of pupils are distributed to each student's parents at the parents of each pupil at the time the student enrolls pupil is enrolled in school each year.
Behavior Management and Discipline
of Students with Special Needs
The Superintendent shall oversee a collaborative process for the identification, description, and monitoring of best practices for behavioral management and discipline of special needs students. The practices shall include, but not be limited to:
● authorized and prohibited disciplinary methods,
● recommended and required training for special education program teachers and aides, and
● requirements for conveying notice of disciplinary measures taken.
The Superintendent shall, by administrative regulation, prescribe procedures for implementation of the best practices, subject to Governing Board approvalThe principal of each school shall ensure that all rules pertaining to the discipline, suspension, and expulsion of pupils are communicated to students at the beginning of each school year, and to transfer students at the time of their enrollment in the school.
Information concerning a student's disciplinary record will be held in the strictest confidence.
Disciplinary actions taken will be recorded in an administrative log, and all types of suspensions or expulsions will be recorded in a separate file for each student.
Temporary Removal
Teachers are authorized to temporarily remove a student from a class. A teacher may temporarily remove a student to the principal, or to a person designated by the school administrator, in accord with:
● Rules A. Rules established for the referral of students.
● The B. The conditions of A.R.S. 15-841, when applicable.
The Superintendent shall establish such rules as are necessary to implement the temporary removal procedure.
Confinement
If confinement is authorized by the Governing Board, in accordance with A.R.S. 15-843, the Superintendent shall ensure that disciplinary policies involving the confinement of pupils left alone in an enclosed space shall include the following:
A. A process for prior written parental notification that confinement may be used for disciplinary purposes that is included in the pupil's enrollment packet or admission form.
B. A process for written parental consent before confinement is allowed for any pupil in the School District. The policies shall provide for an exemption to prior written parental consent if a school principal or teacher determines that the pupil poses imminent physical harm to self or others. The school principal or teacher shall make reasonable attempts to notify the pupil's parent or guardian in writing by the end of the same day that confinement was used.
Schools are not prohibited from adopting policies which include procedures for the reasonable use of physical force by certificated or support staff personnel in self-defense, defense of others and defense of property (A.R.S. 15-843, subsection b, paragraph 3.)
Threatened an Educational Institution
Threatened an educational institution means to interfere with or disrupt an educational institution as found in A.R.S. 15-841 and 13-2911. A student who is determined to have threatened an educational institution shall be expelled from school for at least one (1) year except that the District may modify this expulsion requirement for a pupil on a case-by-case basis and may reassign a pupil subject to expulsion to an alternative education program if the pupil participates in mediation, community service, restitution or other programs in which the pupil takes responsibility for the results of the threat. The District may require the student's parent(s) to participate in mediation, community service, restitution or other programs with the student as a condition to the reassignment of the pupil to an alternative education program.
Information concerning a student's disciplinary record will be held in the strictest confidence.
Disciplinary actions taken will be recorded in an administrative log, and all types of suspensions or expulsions will be recorded in a separate file for each student.
Adopted: April 23, 2013Adopted: date of Manual adoption
LEGAL REF.:
A.R.S.
13-403 et seq.
13-2911
15-105
15-341
15-342
15-841
15-842
15-843
15-844
CROSS REF.:
GBEB - Staff Conduct
JIC - Student Conduct
JKA - Corporal Punishment
JKD - Student Suspension
JKE - Expulsion of Students
JLDB - Restraint and Seclusion
REGULATION
STUDENT DISCIPLINE
The District recognizes that appropriate behavior is a necessary prerequisite to learning and that each student must conduct himself properly and in accord with school rules, regulations, and policies at all times. Each employee of the District is responsible for helping to enforce proper student conduct.
The District further recognizes that situations may arise that, in the best interest of the majority of the students and of the District, will necessitate the removal of a student or students from the school situation.
The District believes that close cooperation between parent(s)/legal guardian(s) and the school is the most effective method of preventing difficult situations from arising. The District recognizes its responsibility for helping to develop closer home-school cooperation, and will:
● Inform parent(s)/legal guardian(s) of situations that may be developing prior to the need for disciplinary action whenever possible.
● Develop and distribute clearly stated discipline policies, rules, and regulations.
Students must accept responsibility for their conduct. Ultimately, parent(s)/legal guardian(s) must assume the responsibility for the conduct of their children. The schools will assist parents whenever possible by recommending services and agencies that may be of assistance. Learning is maximized in an environment that is safe in a physical and psychological sense for students, faculty, and staff. To maintain that environment, the following infractions are considered unacceptable and a cause for disciplinary action. The following are broad in scope and call for the administrator or the Governing Board to exercise discretion (within the Arizona statutes) based upon the merits of individual cases in terms of what appears best for the student involved. This list is not meant to exclude other infractions that might occur that could jeopardize the health, safety, or welfare of others or interfere with the educational process.
Infractions against public order:
● Public nuisance:
■ Explosives.
■ Making bomb threats.
■ Setting off false fire alarms.
● Loitering/trespassing.
● Disorderly conduct:
■ Disturbing a school meeting or activity.
■ Vulgar or obscene language or gestures.
■ Disruptive classroom behavior.
■ Use of personal portable electronic instruments, including cell phones.
● Engaging in lewd behavior.
● Ethnic slurs.
● Weapons.
● Guns on school grounds.
● Gambling.
Infractions against authority:
● Insubordination.
● Obstructing an investigative process.
● Insult or verbal abuse of faculty or staff members.
● Assault of faculty or staff members.
● Giving false identification or information calculated to mislead.
● Resisting authority.
● Forgery.
● Violation of Governing Board or school rules.
Infractions against property:
● Vandalism or destruction of property at school, in transit to or from school, or during school-related activities.
● Theft.
● Arson.
● Malicious mischief.
Infractions against others:
● Endangerment.
● Creating a hazardous or physically offensive condition.
● Harassment, threats, verbal abuse.
● Slander.
● Extortion.
● Physical assault.
● Improper sexual advances.
● Fighting.
● Hazing.
Substance Abuse
Included under substance abuse are the following:
● Drug - as defined in A.R.S. 13-3401. Also includes beverage alcohol, inhalants.
● Drug abuse - the nonmedical use of a chemical or substance, licit or illicit, that results in an individual's physical, mental, emotional, or social impairment.
● Nonmedical use of drugs - the use of any drug by any person for purposes other than the prevention, treatment, or cure of an illness or disabling condition.
● Tobacco products of all descriptions.
● Additional information contained in Policies JICG - Tobacco Use by Students and JICH - Drug and Alcohol Use by Students.A student may be subject to disciplinary action when the student:
A. Engages in conduct that is disorderly, i.e., intentionally causing public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof, by:
1. Fighting or engaging in violent behavior.
2. Making unreasonable noise.
3. Using abusive or obscene language or gestures.
4. Obstructing vehicular or pedestrian traffic.
5. Creating a hazardous or physically offensive condition by any act that serves no legitimate purpose.
B. Engages in conduct that is insubordinate, i.e., failing to comply with the lawful directions of a teacher, school administrator, or other school employee in charge of the student.
C. Endangers the safety, morals, health, or welfare of others by any act, including but not limited to:
1. Selling, using, or possessing alcohol, drugs, or other controlled substances or drug paraphernalia.
2. Selling, using, or possessing weapons, fireworks, or other dangerous instruments or contraband.
3. Selling, using, or possessing obscene materials.
4. Using profane, vulgar, or abusive language (including ethnic slurs).
5. Gambling.
6. Hazing.
7. Engaging in lewd behavior.
D. Engages in any of the following forms of academic misconduct:
1. Lateness for, missing, or leaving school or class without permission or excuse.
2. Cheating (including but not limited to copying, using unauthorized help sheets and the like, illegally obtaining tests in advance, substituting for a test-taker, and other forms of unauthorized collusion).
3. Plagiarism.
E. Engages in conduct violative of the Board's rules and regulations for the maintenance of public order on school property.
F. Uses personal portable electronic instruments, communication, and entertainment devices, including but not limited to cell phones, still and video cameras and equipment, recording/playback apparatus, and other electronic equipment which may be used for similar purposes, during the school day or during directed student study time unless such use has been specifically authorized by the school administrator.
G. Has a record of excessive absenteeism.
H. Is believed to have or actually has committed a crime.
Reasonableness of use of physical force in self-defense, defense of others, and defense of property will be considered as a mitigating factor in determining penalties for misconduct. The threat or use of physical force by a student is not reasonable (i) when made in response to verbal provocation alone, (ii) when assistance from a school staff member is a reasonable alternative, or (iii) when the degree of physical force used is disproportionate to the circumstances or exceeds that necessary to avoid injury to oneself or to others or to preserve property at risk.
Permissible Penalties
The range of penalties that may be imposed for violations of student discipline rules include, but are not limited to, the following:
● VerbalA. Verbal warning.
● WrittenB. Written warning.
● WrittenC. Written notification to parents.
● ProbationD. Probation.
● DetentionE.
● SuspensionDetention.
F. Suspension from transportation.
● SuspensionG. Suspension from athletic participation.
● SuspensionH. Suspension from social or extracurricular activities.
● SuspensionI. Suspension of other privileges.
● ExclusionJ. Exclusion from a particular class.
● InK. Confinement with implementation of mandatory provisions.
L. In-school suspension.
● InvoluntaryM. Involuntary transfer.
● CommunityN. Community service.
● SuspensionO.
● AlternativeSuspension.
P. Alternative to Suspension Program.
● ExpulsionQ.
● AlternativeExpulsion.
R. Alternative to Expulsion Program.
Depending upon the nature of the violation, student discipline may be progressive, i.e., generally, a student's first violation should merit a lighter penalty than subsequent violations. A District employee or agent should take into account all other relevant factors in determining an appropriate penalty. The above penalties may be imposed either alone or in combination.
Student Disciplinary Proceeding
Each school will establish a procedure that at a minimum will provide the principal, or the designee of the school administrator, with documentation of the teacher's reason(s) for the temporary removal of a student from class.
Refusal to readmit per A.R.S. 15-841:
● UponA. Upon discussion, by the administrator with the teacher, of disciplinary action implemented in conjunction
with awith a temporary removal in accord with the rules established by the Board, the teacher will be required to state
an intentan intent to readmit or refuse to readmit the removed student. If the teacher refuses to readmit the student,
the reasonthe reason shall be written by the teacher, explaining the conditions used to determine the removal, and shall
be providedbe provided to the administrator by the next business day following the temporary removal.
● EitherB. Either of the following conditions must exist for a temporary removal per A.R.S. 15-841:
■ The1. The teacher has documented that the pupil has repeatedly interfered with the teacher's ability
to communicateto communicate effectively with the other pupils in the class or with the ability of the other pupils
to learnto learn.
■ The2. The teacher has determined that the pupil's behavior is so unruly, disruptive, or abusive that it
seriously interferesseriously interferes with the teacher's ability to communicate effectively with the other pupils in the classroom
or withor with the ability of the other pupils to learn.
● TheC. The matter will be referred to the school placement review committee (SPRC) constituted in accord
with statutewith statute if the conditions are consistent with those stated in A.R.S. 15-841. Within three (3) business
days followingdays following the date of temporary removal, the SPRC shall determine to either place the student in a
new classnew class or return the student to the existing class if that is the best or only practicable alternative.
● IfD. If the student is qualified for educational services under the Individuals with Disabilities Education Act (IDEA),
anyany change in the student's individualized education program (IEP) shall be determined by the individualized education program (IEP) team in accord with federal regulations.
Any teacher, administrator, Board member, parent, or other person may report a violation of student disciplinary rules to an administrator. The administrator will then make an investigation of the charges as deemed appropriate and will institute appropriate proceedings.
This information for the maintenance of public order on school property will be publicized and explained to all students and provided in writing to parents as requested. In order to promote effectiveness of student discipline, the assistance of parents in enforcing rules for student discipline shall be invited and encouraged.
Involving Staff Members
The principal is responsible for involving staff members of the school in the development of a positive plan for student discipline. All staff members are responsible for implementing the plan of student discipline for the school.
EXHIBIT
STUDENT DISCIPLINE
SECLUSION REPORT FORM
(Complete on date of incident
To be completed by school staff monitoring seclusion)
School: __________________________________________ Grade: _____________
Staff Monitoring Seclusion: _______________________________________________
Location of Seclusion: ___________________________________________________
Seclusion Began: (Time) ____ a.m./p.m. Seclusion Ended: (Time) ____ a.m./p.m.
Time(s) assessed during seclusion: ________________________________________
_____________________________________________________________________
_____________________________________________________________________
o 30 min. - Administrator contacted Admin. Initials _____________
o 60 min. - Administrator/Parent contacted Admin. Initials _____________
Reminder: If student secluded for more than one (1) hour, parent must be notified immediately.
Witnesses: ____________________________________________________________
Administrator Notified:
(Administrator or Designee Name) ____________________ (Time) ______ a.m./p.m.
Parent Notified: (Name) ____________________________ (Time) ______ a.m./p.m.
Number of previous crisis management
incidents this semester/year: ________/________
(Sem.) (Year)
Reminder: Three (3) incidents of crisis management includes both restraint and seclusion cumulatively.
Dates of crisis management incidents: ________________________________________
_______________________________________________________________________
_______________________________________________________________________
o Debriefing to occur within forty-eight (48) hours
Describe student's behavior and classroom events prior to seclusion:Each principal shall establish and retain complete records of student disciplinary actions and procedures. Records regarding student disciplinary actions shall be retained for at least two (2) years after last attendance date.
The accounting for students subject to disciplinary action on discipline record card shall contain an entry of:
A. The full name of the student.
B. The racial/ethnic and sex designations of the student.
C. The time, place, and date of the offense or offenses, or observed behavior.
D. Descriptions and dates of other offenses or observed behaviors if not previously reported.
E. The names of witnesses or others involved.
F. Specific measures taken by person or persons reporting the offense or offenses to effect an adjustment, including the specialized help secured before referral, such as conferences with parents, conferences with the principal, and conferences with other school personnel.
G. The name and title of the person or persons reporting the offense or offenses.
H. The alternatives, if any, that were considered prior to the imposition of the disciplinary action taken by the principal.
I. The final disposition of the case.
J. The name and title of the person or persons imposing the action or actions.
The kinds of disciplinary actions for which an accounting should be kept shall include, but not be limited to:
A. Suspensions and/or expulsion.
B. Corporal punishment.
C. Placement in work room or detention (for disciplinary reasons).
D. Transfer to another class (for disciplinary reasons).
E. Transfer to another school (for disciplinary reasons).
F. Confinement with implementation of mandatory provisions.
G. Referrals of cases to police and juvenile authorities.
H. Others as required.
The school principal shall have the responsibility of maintaining the necessary discipline records to include:
A. Discipline record card (each reported incident). Student discipline list (cumulative).
B. Log of corporal punishments (each incident).
C. Summary of corporal punishments: monthly report, retained by the principal; yearly summary, copy to the District office.
D. Log of suspensions (cumulative).
E. Summary of suspensions: monthly report, retained by the principal; yearly summary, copy to the District office.
F. Log of confinement with implementation of mandatory provisions.
G. Summary of confinement with implementation of mandatory provisions: monthly report, retained by the principal; yearly summary, copy to the District office.
H. Log of expulsions and referrals to courts (cumulative).
I. Log of Governing Board expulsions (each incident).
J. Summary of expulsions: monthly report, retained by the principal; yearly summary, copy to the District office.
K. Log of student withdrawals (cumulative).
L. Summary of withdrawals: monthly report, retained by the principal; yearly summary, copy to the District office.
M. Log of dropouts (cumulative): use only W5's as dropouts; use of this form is optional.
All monthly summary forms shall be completed at the close of each attendance month.
EXHIBIT
STUDENT DISCIPLINE
BEHAVIOR MANAGEMENT DEBRIEFING ADDENDUM
(Complete on date of debriefing and
attach to Crisis Management Form
To be completed by Debriefing Facilitator within
forty-eight [48] hours of incident)
REFERRAL OF STUDENT TO PRINCIPAL
_________________ ________________ _
Date of Incident:_________
School:__
________________________________________ Grade: ______________Crisis Management Technique Utilized: _______________________________________
Number of previous crisis management(Year)
Reminder: Three (3) incidents of crisis management includes both restraint and seclusion cumulatively. Upon third (3rd) incident, FBA must be reviewed.
Dates of crisis management incidents:_______________________________________________________________________
_______________________________________________________________________
Staff Participating in Debriefing Session:
_____________
___________________________
Student's Name Date/Time Sent Teacher
Period/Room
Purpose for which the student is being referred _______________________
_____ ___________________ __________________
____________________________
___________________
______________
____
____________________________
___________________
______________
____
____________________________
___________________
______________
____
____________________________
___________________
______________
____
____________________________
___________________
______________
____
____________________________
___________________
______________
____
____________________________
___________________
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____Debriefing Facilitator:
______________________________________________________
Review of Debriefing:_______
_______________________________________________
_____________________________________________________________
___________________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
If the referral is for misconduct, have you previously referred this student for the same, or similar, reason(s)? o Yes o No
Do you desire to confer with the principal, or the principal's designee, before disciplinary action is taken? o Yes o No
Is it your intent to file a Notice to Principal of Refusal to Readmit Student?
o Yes o No o Possibly
REMINDER: All documentation substantiating the reason(s) and condition(s) for a refusal to readmit the student following the student's temporary removal pursuant to A.R.S. 15-841 must be provided by the next business day following the temporary removal.
___________________________________
Teacher's Signature
The Flagstaff Unified ________________________________ School District No. 1 ____ disallows corporal punishment.
Adopted: date of manual Manual adoption
LEGAL REF.:
A.R.S.
15-843
CROSS REF.:
JK - Student Discipline
JKD - Student Suspension
JKE - Expulsion of Students
Reasonable detention during break-time, noon, or at the close of the school day is permitted, provided that appropriate consideration is given to student transportation, weather, and other extenuating circumstances. However, a student shall not be denied the privilege of eating. Detention should not exceed one (1) hour per day.
Adopted: date of manual Manual adoption
LEGAL REF.:
A.R.S.
15-843
(Sex Offender and Dangerous Juvenile Offender
Notification and Protective Measures)
Arizona statutes require law enforcement agencies to provide notification to the District regarding certain registered sex offenders and require courts to notify the District regarding juveniles adjudicated delinquent for "dangerous offenses" or certain sex offenses.
A. Arizona Revised Statutes (A.R.S.) 13-3825 and 13-3826 require the local law enforcement agency to notify the community, including area schools, of the presence of a registered sex offender in the community when the offender has been determined by the agency to be a "level two" (medium risk) or "level three" (high risk) offender.
B. A.R.S. 8-350 directs the court to notify the District when a student attending a school in the District has been adjudicated delinquent for or convicted of and placed on probation for a dangerous offense or sexual conduct with a minor, sexual assault, molestation of a child, or continual sexual abuse of a child. Dangerous offense is defined in 8-350 as "an offense involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury on another person."
C. A.R.S. 13-3821 permits a juvenile court to require a juvenile who has been adjudicated delinquent for certain sex offenses to register as a sex offender until the person reaches the age of twenty-five (25), and A.R.S. 13-3825 permits a juvenile court to further require such juvenile registered sex offender to be subject to the State's community notification requirements.
It is the Governing Board's desire to create and maintain a safe environment for the District's students and staff members. Therefore, the Superintendent is directed to develop procedures to disseminate the information received from the local law enforcement agency regarding adult and juvenile registered sex offenders present in the District and to provide teachers, parents, guardians, or custodians, upon request, information received from a court pursuant to A.R.S. 8-350 concerning a juvenile who has been adjudicated for or convicted of a dangerous offense or a specified sex offense.
District Procedures
Procedures within the District shall encompass, but not necessarily be limited to:
A. Measures to disseminate information received from the local law enforcement agency to staff members, parents, guardians, or custodians when the District has been notified that a registered offender has moved into the community. When in the judgment of the Superintendent it is determined to be appropriate, the measures will include disseminating the information to students.
B. Measures to provide to teachers, parents, guardians, or custodians, upon request, information received by the District under A.R.S. 8-350, regarding juveniles adjudicated delinquent of "dangerous offenses" or sex offenses.
==================================================================
Optional language: The following elements are available for inclusion at the District's discretion.
C. District restrictions on and requirements of registered sex offenders.
D. Assessment, enrollment, placement, and oversight of students about whom an A.R.S. 8-350 notification has been received.
E. Student instruction in protective measures.
F. Prohibitions against harassment of individuals or acts of vigilantism based upon information received by the District.
Adopted: date of Manual adoption
LEGAL REF.:
A.R.S.
8-208
8-321
8-350
8-371
13-1405
13-1406
13-1410
13-1417
13-3821
13-3825
13-3826
20 U.S.C. 1232g(b)(7)
42 U.S.C. 14071(d)
CROSS REF.:
DJE - Bidding/Purchasing Procedures
EB - Environmental and Safety Program
GCF - Professional Staff Hiring
GDF - Support Staff Hiring
IJNDB - Use of Technology Resources in Instruction
JA - Student Policies Goals/Priority Objectives
JF - Student Admissions
JLI - Student Safety
JLF - Reporting Child Abuse/Child Protection
JR - Student Records
A student may be removed from contact with other students as a temporary measure.
The authority to suspend a student for up to ten (10) days, after an informal hearing is held, rests with the Superintendent.
This authority may be delegated to other administrators.If a danger to students or staff members is present, the
principalSuperintendent may immediately remove the student from school, with prior contact with the parents and with a notice and hearing following as soon as practicable. Each suspension shall be reported to the Governing Board, within five (5) days, by the person imposing it. [A.R.S. 15-843]
In all cases, except summary suspension where a clear and present danger is evident, the student shall remain in school until applicable due process procedures are instituted.
InIn no
instanceinstance shall students be released early from school unless parents have been notified.
The Superintendent may designate a hearing officer for suspension hearings.
Regular Education Students
Suspension for ten days or less:
●A. Step 1:
The student will receive notice, written or oral, of the reason for suspension and the evidence
the schoolthe school authorities have of the alleged misconduct.
■ After1. After having received notice, the student will be asked for an explanation of the situation.
■ The2. The authorized District personnel shall make reasonable efforts to verify facts and
statements priorstatements prior to making a judgment.
●B. Step 2: Following Step 1:
■ Provided1. Provided that a written record of the action taken is kept on file, authorized District personnel may:
⇒ Suspenda. Suspend the student for up to ten (10) days.
⇒ Chooseb. Choose other disciplinary alternatives.
⇒ Exoneratec. Exonerate the student.
⇒ Suspendd. Suspend the student for ten (10) days pending a recommendation that the student be given
a longa long-term suspension or expulsion or both.
■ When2. When suspension is involved:
⇒ Aa. A parent must be notified before the student is allowed to leave campus. If no parent contact
can becan be made, the student may be isolated until dismissal time and then given a written message to
the parentsthe parents.
⇒ Ab. A letter to the parents will be written within a reasonable time to explain the terms (including
the possibilitythe possibility that a long-term suspension and/or expulsion is being recommended) and reasons
for thefor the suspension and to request a meeting to solicit their help.
■ No3. No appeal is available from a short-term suspension.
Suspension for over ten days:
●A. Step 3: If the offense is one that could result in a suspension of over ten (10) days, in addition to Step 1
and Stepand Step 2 a formal hearing will be arranged and conducted by a hearing officer or by the Superintendent.
●B. Step 4: A formal letter to the responsible parent or guardian will be mailed by certified mail with return
receipt requestedreceipt requested or delivered by hand (with an adult witness present) at least five (5) working days prior to the
formal hearingformal hearing. A copy of this letter will remain on file, and the letter should contain the following information:
■ The1. The charges and the rule or regulation violated.
■ The2. The extent of the punishment to be considered.
■ The3. The date, time, and place of the formal hearing.
■ A4. A designation of the District's witnesses.
■ That5. That the student may present witnesses.
■ That6. That the student may be represented by counsel at student's expense.
■ If7. If a hearing officer has been designated, the name of the hearing officer.
●C. Step 5: A formal hearing will be held, during which the student will be informed of the following:
■ Nothing1. Nothing in these procedures shall be construed to prevent the students who are subject to the
action andaction and their parents or legal guardians and legal counsel from attending any executive (closed)
session pertainingsession pertaining to the proposed disciplinary action, or from having access to the minutes and testimony
of suchof such session or from recording such a session at the parent's or legal guardian's expense.
■ The2. The student is entitled to a statement of the charges and the rule or regulation violated.
■ The3. The student may be represented by counsel, without
prejudicebias to the student.
■ The4. The student may present witnesses.
■ The5. The student or counsel may cross-examine witnesses presented by the District.
■ The6. The burden of proof of the offense lies with the District.
■ Either7. Either the hearing must be recorded on tape or an official record must be kept in some other
appropriate mannerappropriate manner. In addition, parents are to be allowed to tape-record the hearing at their own expense.
■ The8. The District has the right to cross-examine witnesses, and may be represented by an attorney.
●D. Step 6: The decision and appeal procedure, if applicable, upon the conclusion of the hearing will be
as followsas follows:
■1. Upon the conclusion of a hearing by a hearing officer in which a decision of long-term suspension
is madeis made, the decision may be appealed to the Board. To arrange such an appeal, the parent(s) of
the suspendedthe suspended student or the student must deliver to the Superintendent a letter directed to the
Board withinBoard within five (5) days after receiving written notice of the long-term suspension. The letter
must describe inmust describe in detail any objections to the hearing or the decision rendered.
■2. The appeal to the Board will be on the record of the hearing held by the hearing officer. If the
Board determinesBoard determines that the student was not afforded due process rights or that this policy was not followed
in allin all substantive respects, the student shall be given another hearing. If the Board determines that
the punishmentthe punishment was not reasonable, they may modify the punishment.
■3. The decision of the Board is final.
Special Education Students
Suspension for ten days or less. Short-term suspension (ten [10] days or less) may be used for special education students for disciplinary reasons on the same basis as for a regular education student. (It is not considered a change of placement.)
●A. Step 1:
The student will receive notice, written or oral, of the reason for suspension and the evidence
the schoolthe school authorities have of the alleged misconduct.
■ After1. After having received notice, the student will be asked for an explanation of the situation.
■ The2. The authorized District personnel involved shall make reasonable efforts to verify facts
and statementsand statements prior to making a judgment.
●B. Step 2: Following Step 1:
■ Provided1. Provided that a written record of the action taken is kept on file, authorized District personnel may:
⇒ Suspenda. Suspend the student for up to ten (10) days.
⇒ Chooseb. Choose other disciplinary alternatives.
⇒ Exoneratec. Exonerate the student.
⇒ Suspendd. Suspend the student for ten (10) days pending a recommendation that the student be given
a longa long-term suspension or expulsion or both.
■ When2. When suspension is involved:
⇒ Aa. A parent must be notified before the student is allowed to leave campus. If no parent contact
can becan be made, the student may be isolated until dismissal time and then given a written message to
the parentsthe parents.
⇒ Ab. A letter to the parents will be written within a reasonable time to explain the terms (including
the possibilitythe possibility that a long-term suspension and/or expulsion is being recommended) and reasons
for thefor the suspension and to request a meeting to solicit their help.
■ No3. No appeal is available from a short-term suspension.
Suspension for over ten days
.
If a special education student is recommended for a suspension of more than ten (10) days during the school year (a possible change in placement), a manifestation determination conference must be held.
●A. Step 3: A recommended suspension of a special education student for more than ten (10) consecutive days,
oror a series of suspensions totaling more than ten (10) days, may constitute a change of placement and
shall requiresshall require a manifestation determination conference. Such a conference shall be for the purpose of
determining whetherdetermining whether or not the offense is a manifestation of the student's disability.
●B. Step 4: If the offense is not a manifestation of the disability of the student, the student may be suspended
by followingby following the District policies for students in general, provided that educational services are continued
during theduring the period of disciplinary removal for a student with a disability qualified under the Individuals with
Disabilities EducationDisabilities Education Act (IDEA). A student with a disability qualified for educational services under the Americans
with Disabilitieswith Disabilities Act or Section 504 of the Rehabilitation Act of 1973, and not qualified under IDEA, may be suspended or expelled from school, and educational services may be ceased, if nondisabled students in
similar circumstancessimilar circumstances do not continue to receive educational services.
●C. Step 5: If the behaviors are a manifestation of the disability of the student, the District may not extend
the suspensionthe suspension of the student beyond the initial ten (10) school days.
An exception to the above allows for an IDEA qualified student to be given a change in placement to an interim alternative educational setting for not more than forty-five (45) days, in accord with federal law and regulation, if the removal is for IDEA defined drug or weapons offenses or is based upon a due process hearing
officer’sofficer's determination that injury to the child or another is substantially likely if current placement is maintained.
Any interim alternative educational setting must be selected so as to enable the child to continue to progress in the general curriculum, although in another setting, and to continue to receive those services and modifications, including those described in the
child’schild's current IEP; and include services and modifications which are designed to prevent the behaviors for which the placement was made from recurring. (Caution: refer to IDEA statutes and regulations before implementing the exception.)
Alternative to Suspension
Students meeting the following requirements may participate in an alternative to suspension program described below at the determination of the Superintendent:
● SuspensionA. Suspension from school has been determined as the punishment for an offense and any appeal has
been deniedbeen denied.
● TheB. The immediate suspension was not due to:
■ Fighting1. Fighting or engaging in violent behavior
■ Threatening2. Threatening an educational institution
■ Selling3. Selling, using or possessing weapons, firearms, explosives, or dangerous instruments
■ Making4. Making a bomb threat
■ Engaging5. Engaging in arson
● TheC. The student has not served more than one (1) short-term suspension or alternative to suspension of ten (10)
daysdays or less during the current academic year.
● TheD. The student has admitted to or taken responsibility for the act upon which suspension was imposed in
a writtena written statement signed by the student and attested to by the
student’sstudent's parent or guardian.
● TheE. The student and parent or guardian has received a written admonition that the suspension as originally determined will be imposed summarily and in its entirety should the student violate the conditions or
requirements ofrequirements of the Alternative to Suspension Program. (Note: Follow appropriate dismissal procedures.)
● ParentF. Parent(s) or guardian(s) shall agree to participate by:
■ Providing1. Providing transportation as necessary to and from the program location.
■ Furnishing2. Furnishing meals prepackaged or purchasing same for the student.
■ Establishing3. Establishing and monitoring in consultation with the school a supervisory routine limiting the
student’s contactstudent's contact to that which is necessary with other students and friends during the program.
The Alternative to Suspension Program is to be one of social isolation. It shall be discipline intensive, requiring academic work and as determined may involve community service, groundskeeping, and litter control. Parents will participate by providing support and supervision.
● StudentsA. Students will be isolated from others by means of barriers or distance at a location determined by the District.
NoNo participation in any school sponsored activity will be permitted during the program.
● CommunicationB. Communication by students with others will be limited to adult
districtDistrict staff or as directed by the
adult supervisoradult supervisor on duty.
● OrderedC. Ordered study time will be established for each student consistent with the number of classes in which
the studentthe student is enrolled, divided proportionately through the academic day.
● StudentsD. Students are confined to their assigned areas and seats
acceptexcept as designated by the supervisor. All
personal maintenancepersonal maintenance will be planned and approved by the supervisor.
● StudentsE. Students are to bring all books, workbooks, paper and necessary instruments for each class in which they
are enrolledare enrolled to the program daily and take the same material home each day of the program.
● ProtocolsF. Protocols for implementation of the Alternative to Suspension Program following the requirements above
may bemay be established by the administrator at each location.
Procedures and Conditions
Procedures and Conditions for
Readmission of Students Suspended
for More Than Ten Days
Early readmission procedures
.
The Superintendent may authorize early readmission of a student suspended for more than ten (10) days. The student shall be considered for readmission only upon completion of the major portion of the suspension (usually one [1] day more than half [1/2] with consideration for the grading period or academic division as necessary). The following conditions must be met:
●A. A written request must be submitted to the Superintendent on behalf of the student by the
student’s parent or guardianstudent's parent or guardian asking for readmission and requesting a meeting to determine any requirements.
● AccompanyingB. Accompanying the written request shall be a summary of the
student’sstudent's activities and
accomplishments duringaccomplishments during the suspension period written and signed by the student and signed and attested to by the
parent orparent or guardian. (Parents of elementary grade students may prepare the summary.)
● TheC. The request shall include a signed statement from local law enforcement officials that there have been
no infractionsno infractions of local or state codes for which the student could have been charged during the period of
the suspensionthe suspension.
● AtD. At the time of the meeting to review the request the student may be required to explain the incident
or incidentsor incidents leading up to the suspension.
● TheE. The determination to allow readmission may be based on, but not limited to, the following elements:
■ The1. The age of the student.
■ The2. The frequency, type, and relative magnitude of previous misbehavior by the student.
■ The3. The relative severity of the event(s).
■ Whether the student’s4. Whether the student's behavior violated civil or criminal laws.
■ The5. The degree to which the incident(s) interfered with the educational process.
■ The6. The extent to which the event created endangerment to the student, others or property.
■ Special7. Special intellectual, psychological, emotional, environmental and physical characteristics of the student.
■ The student’s8. The student's attitude concerning the event(s).
■ The9. The expressed intent concerning the
student’sstudent's future behavior.
● ShouldF. Should early readmission be granted, the student, with parent or guardian affirmation, shall agree to
the followingthe following conditions:
■ Regular1. Regular attendance—no unexcused absences.
■ No2. No violation of school rules or policies.
■ Attendance3. Attendance at after school events for the remaining term of suspension only with prior approval of
the administrationthe administration.
■ Completion4. Completion of all class tasks in timely fashion, as directed.
■ Student5. Student will receive supervision before and after school by parental arrangement, travel directly
to schoolto school and from school, and report immediately to a supervisor for the balance of the term of
the suspensionthe suspension.
● TheG. The student and parent or guardian shall receive a written admonition that failure in the conditions required
for earlyfor early readmission will mean summary imposition of the remainder of the suspension, and additional punishment if indicated by the disciplinary policies and procedures of the District.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-342
15-766
15-767
15-841
15-842
15-843
A.A.C.
R7-2-401
R7-2-405
A.G.O.
I78-103
I78-218
I80-055
I84-036
20 U.S.C. 1400 et seq., Individuals with Disabilities in Education Act
20 U.S.C. 7151 et seq., The Gun-Free School Act of 1990
29 U.S.C. 794 (Section 504), Rehabilitation Act of 1973
(P.L. 93-112, (Section 504)
CROSS REF.:
IHB - Special Instructional Programs
JR - Student Records
REGULATION
SEX OFFENDER NOTIFICATION
(Sex Offender and Dangerous Juvenile Offender
Notification and Protective Measures)
To fulfill the requirements of Policy JLIF the following procedures are to be implemented.
Registered Sex Offender
Community Notification
When the local law enforcement agency notifies the District pursuant to A.R.S. 13-3825 and 13-3826 of a registered sex offender's presence in the community, the following actions shall occur:
A. A copy of the notification flyer provided by the law enforcement agency, displaying the offender's photograph and disclosing the offender's exact address, status summary, and criminal background, is to be distributed to each school and department.
B. The school principal or department supervisor shall post the notification flyer at locations where the flyer is readily accessible for viewing by staff members, students, and visitors.
C. The principal or supervisor shall inform students and staff members that a new flyer has been posted.
D. When the registered sex offender described in the notice is also a student within the District, then the provisions regarding juvenile (youthful) dangerous offenders and sex offenders shall also be followed, except that the restrictions against disclosure of information shall not apply to the information obtained in the community notification received from the local law enforcement agency.
===================================================================
Optional language: The following statement (to the next double line) on notification is available for inclusion at the District's discretion.
Information is to also be communicated through media, such as newsletters, meal menus, press releases, and similar means to students, staff members, and parents/guardians advising them that listings of sex offenders in the area are available at the Arizona Department of Public Safety Sex Offender Infocenter, www.az.gov/webapp/offender, and at the United States Department of Justice National Sex Offender Public Registry, www.nsopr.gov/, as well as various other websites.
===================================================================
Optional language: The following restrictions (to the next double line) on offenders are available for inclusion at the District's discretion.
District Restrictions on Registered
Sex Offenders
An adult registered sex offender may not be present on school property, including school buildings, grounds, and vehicles, except when:
A. The offender is the parent or guardian of a student attending the school and the offender is:
1. Attending a conference with school personnel to discuss the academic or social progress of the offender's child; or
2. Participating in child review conferences in which special education evaluation and placement decisions may be made with respect to the offender's child; or
3. Attending conferences to discuss other issues relating to the offender's child, such as student discipline, retention or promotion; or
B. The offender has obtained prior written permission from the Superintendent.
When a registered sex offender is present on school property under any of the circumstances described above, the offender must comply with the following requirements:
A. Notify the principal's office immediately upon arrival on school property;
B. Remain at all times under the direct supervision of the principal or a person designated by the principal; and
C. Notify the principal's office when the offender is departing from school property.
A staff member who observes a person or a situation that leads the staff member to a reasonable belief that the person may be a sex offender, or that a sexual assault or abuse might occur, is to promptly notify a school official of his or her belief. The school official is to notify the Superintendent and, as appropriate, law enforcement of the staff member's belief. When an individual appears to have been inappropriately contacted or approached, or has been assaulted, law enforcement is to be notified without delay. The staff member is not to confront a suspected abuser; investigation and determination is to be left to proper authorities.
===================================================================
When the individual under suspicion is a student in the District, the Superintendent may, pursuant to A.R.S. 8-350, request from the juvenile court the criminal history of the student to determine if the student has been adjudicated delinquent for or convicted of a dangerous offense or a violation of A.R.S. 13-1405, 13-1406, 13-1410, or 13-1417. If the criminal history provided by the court shows such an adjudication or conviction, then the District shall implement the procedures outlined below for juvenile (youthful) dangerous offenders and sex offenders.
===================================================================
Juvenile (Youthful) Dangerous
Offenders and Sex Offenders
When the District is notified by a juvenile court pursuant to A.R.S. 8-350 that a student attending a school in the District has been adjudicated delinquent for or convicted of and placed on probation for a dangerous offense or sexual conduct with a minor, sexual assault, molestation of a child, or continual sexual abuse of a child the Superintendent shall promptly notify the principal of the school where the student is in membership.
The principal shall:
A. Send notice to the student's teacher(s), and such other staff members as the principal determines appropriate to the circumstance, to contact the principal concerning a confidential matter. The noticed staff members will be provided with the information received from the juvenile court, and be directed to comply with the student record confidentiality requirements prescribed in District Policy JR. A staff member who improperly discloses confidential student information may be disciplined pursuant to District policy.
===================================================================
Optional language: The following restrictions (to the end of this document) on juvenile offenders and instruction in protective measures are available for inclusion at the District's discretion.
B. Confer with the student's probation officer to gather information on the student's offense, the conditions of probation, and assessment of the student as a risk factor where other students and staff members are concerned.
1. Where a viable risk is perceived, the principal shall notify the Superintendent who, in consultation with legal counsel and the juvenile offender's parole officer, shall determine further steps to be taken.
C. Meet without undue delay and to the extent reasonably possible, with the student's parent(s) or guardian(s), the student's teacher(s), and the student's counselor where available. Advise the parties that the student juvenile offender:
1. Cannot attend a school where a victim of the juvenile offender is in membership;
2. Cannot attend a school where a sibling of a victim of the juvenile offender is in membership;
3. Must refrain from contact with the victim of the juvenile offender or a sibling of the victim while on school property.
D. Notify the parent(s) or guardian(s) of the juvenile offender's victim of the juvenile offender's membership in a District school.
E. Upon request, make the notification information available to teachers, parents, guardians, or custodians.
Staff members are to be alert to and inform school officials of any behavior by a juvenile offender that creates an abnormal risk to members of the school community. However, each circumstance involving a student probationary juvenile offender attending a District school shall be evaluated on a case-by-case basis. Whenever possible without placing other students or adult members of the school community at risk, reasonable efforts should be made to continue the student's education, to provide supportive services, and to avoid any acts of harassment or vigilantism against the student. Although federal and state laws and rules permit the release of information concerning a student registered sex offender, discretion should be exercised when discussing or disseminating information about the student. Whenever possible, the school community should encourage and support timely and appropriate intervention toward the expected outcome that a juvenile offender's conduct will be rectified so the student will commit no further offense and will develop into a responsible, self-controlled adult.
Instruction in Protective Measures
A committee including members of the District staff, the local law enforcement agency, and such other persons as the Superintendent may determine will convene to develop instruction in protective measures against sexual offenders. These shall include, but not be limited to, techniques child sexual molesters use to charm adults and gain access to children and how sexual predators use the internet to entice students into dangerous situations. The committee is to evaluate and select materials and strategies designed to deliver age-appropriate instruction that equips students in identifying, avoiding, fleeing from, and reporting assaults and attempted assaults by sexual offenders.
Instruction in protective measures is to be incorporated into the general curriculum. Instances of the posting of a new notification of a registered sex offender in the community should be accompanied with repetition and reinforcement of protective measures students should know and apply as a defense against sexual predators.
EXHIBIT
STUDENT SUSPENSION
AGREEMENT ON CONDITION OF ASSIGNMENT
TO ALTERNATIVE TO SUSPENSION PROGRAM
Conditions
We, the undersigned student, parent or guardian, agree to the conditions as established in Board policy concerning assignment to the Alternative to Suspension Program. We further affirm that we will abide by the protocols implemented by the administration of the school for accomplishment of the conditions of policy.
We acknowledge receipt of this admonition that the original suspension will be summarily reinstated should the student commit a violation of the conditions for assignment to the Alternative to Suspension Program or a criminal or civil violation reflecting on the school order.
______________________________________
_____
__________________
Student Signature
Date
______________________________________
_____
__________________
Parent/Guardian Signature
Date
Students may possess and use portable electronic devices, including but not limited to cellular telephones, MP3 and similar music players, radios, Walkmans, CD players, tape recorders and players, scanners, wireless e-mail devices, cameras, etc., subject to limitations of this and other policies of the District under the following conditions and guidelines:
● Portable electronic devices shall not be turned on or used in any way during instructional time or when their use is otherwise prohibited by school personnel. Instructional time includes the entire period of a scheduled class, and other times when students are participating in any instructional activities (for example, during student assemblies, awards or other public ceremonies, etc.) If such portable electronic devices are used when prohibited by school personnel the device may be confiscated by school personnel. They may be obtained by the parent or guardian from a site administrator.
● Students are required to turn portable electronic devices over to school personnel when requested. Students who refuse to do so may be removed from class or other school activity, have committed insubordination and resisting authority and may be subject to disciplinary action up to and including suspension from school.
● Portable electronic devices are allowed to be taken and used on school trips except that they may not be used during any instructional activity or at other times when school personnel prohibit their use. Coaches and sponsors are encouraged to set guidelines for their use.
● Use of cameras or the camera features on a cell phone or other portable electronic device in a restroom or a locker room or for any use constituting an invasion of any person's reasonable expectation of privacy is strictly prohibited.
● The site administrator may establish and school personnel may enforce additional guidelines appropriate to campus needs.
● Students violating this policy may be subject to disciplinary action up to and including suspension from school.
● There is, in certain instances, educational value in utilizing portable electronic devices in class or during instructional activities when such devices aid in extending, enhancing, and/or reinforcing the students' learning process related to the instructional objectives of the class they are attending. Approval for students' use of such devices will be at the discretion of the classroom teacher and/or site administrator unless such device is mandated in the student's individualized education program (IEP) or the extreme nature of a bona fide emergency renders the securing of such permission impractical under the circumstances.
Adopted: February 12, 2008
EXHIBIT
SEX OFFENDER NOTIFICATION
SEX OFFENDER AND DANGEROUS JUVENILE OFFENDER
NOTIFICATION AND PROTECTIVE MEASURES
Following is a checklist1 to help parents, teachers, and counselors spot an adult's possible sexual interest in children.
A. Persons who promote and sustain a special one-on-one relationship with a particular child.
B. Persons who spend an inordinate amount of time alone with children other than their own.
C. Persons who take pictures of children other than their own.
D. Teachers, coaches, activity providers, et cetera, who pursue and cultivate an intense ongoing relationship with a child or student who is not a member of the adult's group.
The checklist is provided only to aid school personnel and parents in the protection of students; it is not intended to be a finite or discriminatory listing. Each potential concern should be carefully considered and evaluated on a case-by-case basis.
1Adapted from The Stop Child Molestation Book, What Ordinary People Can Do In Their Everyday Lives to Save Three Million Children, Gene G. Abel, M.D, and Nora Harlow, authors.
EXHIBIT
STUDENT SUSPENSION
AGREEMENT ON CONDITION OF EARLY
READMISSION FOLLOWING LONG-TERM SUSPENSION
Readmission Conditions
We the undersigned student and parent or guardian agree to the following conditions:
● Regular A. Regular attendance – no unexcused absence.
● No B. No violation of school rules or policies.
● Completion C. Completion of all classroom tasks in a timely fashion, as directed.
● Limitation D. Limitation on the student's attendance or participation in after school activities, school school sports, and and extracurricular events or activities.
We acknowledge receipt of this admonition that the original suspension will be summarily reinstated should the student commit a violation of the conditions for readmission or a criminal or civil violation reflecting on the school order.
___________________________________________ __________________
Student Signature Date
___________________________________________ __________________
Parent/Guardian Signature Date
The principal of a school may remove a student from a school-sponsored activity if the principal determines that the student has violated a provision of the student discipline policies, rules, and/or regulations or if the principal determines that such removal is in the best interest of the activity or in the best interest of the school as a whole.
The principal also may remove a student from a specific position, such as officer, editor, or captain of an activity, without removing the student from the entire activity.
The principal may remove a student pursuant to the preceding two (2) paragraphs, whether or not the student has been elected, appointed, or assigned to, or has volunteered for, the activity.
Before removing a student from an activity or position as a result of the student's violation of the student discipline policies, rules, and/or regulations, the principal must comply with the notice-and-hearing provisions of those policies, rules, and/or regulations.
Before removing a student from an activity or position for reasons other than a student's violation of the student discipline policies and/or regulations, the principal shall give written notice to the student. The notice shall include the reason or reasons for the removal and the date that the removal is to become effective. If the student disagrees with the principal's determination, the student may, within five (5) school days, request in writing a conference with the principal. The conference shall be held as soon as practicable after the principal receives the written request. At the conference, the student shall be given a full explanation of the reason or reasons for the action taken. The student shall be given an opportunity to present an explanation of the events relating to the action.
If, after the conference, the principal determines that the decision to remove the student from the activity or position is correct, the removal shall become effective on the date indicated in the principal's notice. If, after the conference, the principal determines that action of a less severe nature than removal is warranted, the principal may impose the less severe action. If, after the conference, the principal determines that neither removal nor less severe action is warranted, the prior decision to remove the student shall be rescinded.
For purposes of this policy, activity is defined as:
● Any A. Any school-sponsored athletic activity; or●
Any B. Any school-sponsored club; or
● Any C. Any school-sponsored organization such as yearbook, newspaper, student government, drama, music, honor honor society, or any other organization or class of a similar nature.
An activity includes activities as defined above, whether or not a student is receiving or may receive academic credit for the activity.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-342
15-766
15-767
15-841
15-842
15-843
A.A.C.
R7-2-401
R7-2-405
A.G.O.
I78-103
I78-218
I80-055
I84-036
20 U.S.C. 1400 et seq., Individuals with Disabilities in Education Act
29 U.S.C. 794 (Section 504), Rehabilitation Act of 1973
(P.L. 93-112, (Section 504)
CROSS REF.:
IHB - Special Instructional Programs
JR - Student Records
A recommendation to expel shall be through by the principal and forwarded to the Superintendent. The authority to expel rests only with the Board. All expulsions requested shall have supporting data indicating the required due process procedure provided at the time of recommendation.
Expulsion
Regular EducationThe Governing Board (Option A: will decide in executive session whether the Board will conduct an expulsion hearing or designate one (1) or more hearing officers to hear the evidence) OR (Option B: directs all expulsions hearings to be conducted by a hearing officer selected from a list of hearing officers approved by the Board).
Expulsion
Regular Education Students
Expulsion is the permanent exclusion of a student from school and school activities, unless the Governing Board reinstates the student’s student's privileges to attend school.
● A. Step 1: Each recommendation for expulsion shall be delivered to the Superintendent. A recommendation for expulsion recommendation for expulsion may be made before, after or in conjunction with a long-term suspension hearing, if one is to be heldto be held.
● B. Step 2: If the Superintendent concurs with the recommendation, it shall be forwarded the Superintendent shall (Option A: present the recommendation to the Governing Board.● ) OR (Option B: present the recommendation for expulsion to a hearing officer selected from a list of hearing officers approved by the Board).
C. Step 3: In each case in which a recommendation for expulsion receives approval by the Superintendent, (and the Board has not determined that all expulsion hearings are to be conducted by a hearing officer), the Governing Board will meet in executive session:
■ to1. to determine whether the nature of the accusations against the student justify an expulsion hearing,
■ to2. to determine whether the hearing will be held before the Governing Board or before a hearing officer,
■ to3. to designate a hearing officer if one will be used, and
■ if4. if the hearing will be conducted by the Governing Board to determine whether the hearing will
be conductedbe conducted in executive session. Under normal circumstances, the Governing Board will not
review anyreview any documents or other pertinent evidence during
thisthe initial executive session.
●D. Step 4: The expulsion hearing should be scheduled so
thatit may be resolved, if reasonably possible, during
the periodthe period of any suspension.
●E. Step 5: A formal letter to the responsible parent or guardian will be mailed by certified mail with return
receipt requestedreceipt requested or delivered by hand (with an adult witness present) at least five (5) working days prior to the
formal hearingformal hearing. A copy of this letter will remain on file, and the letter should contain:
■ A1. A statement of the charges and the rule or regulation violated.
■ The2. The extent of the punishment to be considered.
■ The3. The date, time, and place of the formal hearing.
■ A4. A designation of the District's witnesses.
■ That5. That the student may present witnesses.
■ That6. That the student may be represented by counsel at the student's expense.
■ If7. If a hearing officer has been appointed, the name of the hearing officer and how the hearing officer
may bemay be contacted, or a statement that the Governing Board will preside at the hearing.
■ Copies8. Copies of this policy and A.R.S. 15-840
andand 15-843
unlessunless previously provided in connection with
the samethe same infraction.
●F. Step 6: The parent, guardian or emancipated student shall be informed of the following:
■1. Nothing in these procedures shall be construed to prevent the students who are subject to the
action andaction and their parents or legal guardians and legal counsel from attending any executive (closed)
session pertainingsession pertaining to the proposed disciplinary action, or from having access to the minutes and testimony
of suchof such session or from recording such a session at the parent's or legal guardian's expense.
■2. The student is entitled to a statement of the charges and the rule or regulation violated.
■3. The student may be represented by counsel, without
prejudicebias to the student.
■4. The student may present witnesses.
■5. The student or counsel may cross-examine witnesses presented by the District.
■6. The burden of proof of the offense lies with the District.
■7. Either the hearing must be recorded on tape or an official record must be kept in some
other appropriateother appropriate manner. In addition, parents are to be allowed to tape-record the hearing at
their owntheir own expense.
■8. The District has the right to cross-examine witnesses, and may be represented by an attorney.
■9. If the hearing is held before a hearing officer, the hearing will be conducted in private with
the attendancethe attendance of only the hearing officer, administrative representatives, the student and parent(s),
counselcounsel for the parties, and witnesses necessary to the proceedings, unless the parent(s), guardian(s)
oror emancipated student requests in writing that the hearing be open to public attendance.
■10. If the hearing is held before the Governing Board the Board will conduct the hearing in
executive sessionexecutive session with the attendance of only the hearing officer, administrative representatives, the
student andstudent and parent(s), counsel for the parties, and witnesses necessary to the proceedings, unless
the parentthe parent(s), guardian(s) or emancipated student requests in writing that the hearing be open to
public attendancepublic attendance.
●G. Step 7: A formal hearing will be held:
■ When1. When a parent or legal guardian has disagreed that the hearing should be held in executive (closed)
sessionsession, it shall be held in an open meeting unless:
⇒ Ifa. If only one (1) student is subject to the proposed action, and disagreement exists between
that studentthat student's parents or legal guardians, then the Board (hearing officer), after consultation with
the studentthe student's parents or legal guardians, shall decide in executive (closed) session whether
the hearingthe hearing will be in executive (closed) session.
⇒ Ifb. If more than one (1) student is subject to the proposed action and disagreement exists
between thebetween the parents of different students, then separate hearings shall be held subject to the
provisions ofprovisions of A.R.S. 15-843.
●H. Step 8: The decision and appeal procedure, if applicable, upon the conclusion of the hearing will be
as followsas follows:
■ Upon1. Upon conclusion of a hearing conducted by a hearing officer, if a recommendation for expulsion is made,
thethe decision may be appealed to the Board at the time the Board considers the recommendation.
A formalA formal letter to the responsible parent or guardian will be mailed by certified mail with return
receipt requestedreceipt requested or delivered by hand (with an adult witness present) indicating the recommendation
that will bethat will be made to the Board. A copy of this letter will remain on file, and the letter should explain:
⇒ Thea. The time and place of the Board meeting at which the recommendation will be made.
⇒ Thatb. That the recommendation may be appealed at the time the recommendation is made to the Board.
⇒ Thatc. That the appeal shall be in writing delivered to the Superintendent prior to the time of the
Board meetingBoard meeting.
⇒ Thatd. That the written appeal shall indicate a spokesperson on behalf of the student.
⇒ Thate. That the spokesperson will be given time to speak to the Board on appeal.
⇒ Thef. The Board may accept the hearing
officer’sofficer's recommendation or reject the recommendation
and imposeand impose a different disciplinary action including assignment to an alternative educational program.
TheThe Board may grant a new hearing, take the matter under advisement, or take any further
action deemedaction deemed necessary. If the Board decides to expel the student the expulsion shall become
effective theeffective the day after the
Board’sBoard's decision. The decision of the Board is final.
■2. Upon conclusion of a hearing on expulsion conducted by the Board, the decision of the Board is final.
Special Education Students
A student qualified under the Individuals with Disabilities Education Act (IDEA) as revised in
19972004 may not be expelled from school, unless
,as a result of a
Manifestation Determination,manifestation determination it has been determined that the student's behavior is unrelated to the child's disability. The
Manifestation Determinationmanifestation determination must be held within ten (10) school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct. In compliance with federal law and regulation, the student may be given a change in placement in lieu of expulsion. Expulsion may not result in termination of educational services for a student qualified under the Individuals with Disabilities Education Act. The
Individualized Education Program Teamindividualized education program (IEP) team generally determines a change in placement of an IDEA qualified student. During any change in placement the school must provide services to the extent necessary to enable the child to appropriately progress in the general curriculum and appropriately advance toward achieving the goals set out in the child's individualized education programs.
A student with a disability qualified under the Americans with Disabilities Act or Section 504 of the Rehabilitation Act of 1973 and not qualified under the Individuals with Disabilities Education Act as revised in
19972004, may be suspended or expelled from school and education services may be ceased, if nondisabled students in similar circumstances do not continue to receive education services.
Readmittance procedure:
●A. A student expelled from the District may request readmittance by making a written application to the Board.
ReadmissionReadmission is at the discretion of the Governing Board. In addition, it is the prerogative of the Board
to stipulateto stipulate appropriate conditions for readmittance. The application for readmittance shall occur no less
than ninethan nine (9) months after the date of the expulsion; however, the student may not be readmitted until at least
twotwo (2) complete semesters have passed (the remainder of the semester in which the violation has occurred
and twoand two [2] additional semesters). The application must:
■ Be1. Be written and be directed to the attention of the Governing Board.
■ Contain2. Contain all information that the student and parent(s) consider relevant to the Governing
Board’s determinationBoard's determination as to whether or not to readmit the student. This should include information indicating:
⇒ Ana. An appreciation by the student of the severity and inappropriateness of the
student’s priorstudent's prior misconduct.
⇒ Thatb. That such misconduct or similar misconduct will not be repeated.
⇒ Ac. A description of the
student’sstudent's activities since the expulsion.
⇒ Supportd. Support of the
student’sstudent's application for readmission.
■ Be3. Be filed in the
Superintendent’sSuperintendent's office.
● TheB. The Governing Board shall meet in executive session to consider an initial application for readmission.
The studentThe student and parents have the right to be present in the executive session but do not have the
right toright to make a presentation or address the Governing Board unless they are asked to do so by the
Governing BoardGoverning Board. For this reason, it is important that the application for readmission contain all information that
the Governing Board maythe Governing Board may deem important in determining whether to readmit the student. The
Governing BoardGoverning Board,
inin its sole discretion, shall determine whether the student should be readmitted, and, if so,
under whatunder what restrictions
and conditionsand conditions. The burden is on the student and parent(s) to convince the
Governing BoardGoverning Board that readmission
is appropriateis appropriate considering the interests of the expelled student, the District,
and theand the interests of the
other studentsother students and staff members. The Governing
Board’sBoard's decision is final.
● AC. A student may file more than one (1) application for readmission. Applications subsequent to an
initial applicationinitial application, however, may not be filed more frequently than every ninety (90) days, and the
Governing BoardGoverning Board shall meet to discuss and consider the application only if at least two (2) members of
the Governingthe Governing Board ask that the matter be placed on an agenda for discussion in executive session.
Readmittance conditions
As a condition for readmission from an expulsion, the student, with parent(s) or guardian affirmation, shall agree to the following conditions:
● RegularA. Regular attendance – no unexcused absence.
● NoB. No violation of school rules or policies.
● CompletionC. Completion of all classroom tasks in a timely fashion, as directed.
● DependingD. Depending upon the nature of the original violation for which the expulsion was provided, the student may
be limitedbe limited as to attendance or participation in after school activities, school sports, and extracurricular events
or activitiesor activities.
A student allowed readmission following expulsion shall receive a written admonition that the original expulsion will be summarily reinstated should the student commit a violation of the conditions for readmission or a criminal or civil violation reflecting on the school order.
Adopted: August 29, 2014date of Manual adoption
LEGAL REF.:
A.R.S.
15-342
15-766
15-767
15-841
15-842
15-843
A.A.C.
R7-2-401
R7-2-405
A.G.O.
I78-103
I78-218
I80-055
I84-036
20 U.S.C. 1400 et seq., Individuals Individuals with Disabilities in Education Act
20 U.S.C. 7151 et seq., The Gun-Free School Act of 1990
29 U.S.C. 794 (Section 504), Rehabilitation Act of 1973
(P.L. 93-112, (Section 504)
CROSS REF.:
IHB - Special Instructional Programs
JR - Student Records
EXHIBIT
EXPULSION OF STUDENTS
AGREEMENT ON CONDITION OF
READMISSION FOLLOWING EXPULSION
Readmission conditions
We the undersigned student and parent or guardian agree to the following conditions:
● Regular A. Regular attendance – no unexcused absence.
● No B. No violation of school rules or policies.
● Completion C. Completion of all classroom tasks in a timely fashion, as directed.
● Limitation D. Limitation on the student's attendance or participation in after school activities, school sports, and and extracurricular events or activities.
We acknowledge receipt of this admonition that the original expulsion will be summarily reinstated should the student commit a violation of the conditions for readmission or a criminal or civil violation reflecting on the school order.
___________________________________________ __________________
Student Signature Date
___________________________________________ __________________
Parent/Guardian Signature Date
(Nutrition and Health)
The Flagstaff Unified School District recognizes that good health fosters consistent attendance, increased attentiveness and higher academic achievement.
Therefore, The District will:
● Engage students, parents, teachers, school administrators, food service professionals, health professionals, and other interested community members in developing, implementing, monitoring, and reviewing District-wide nutrition and physical activity policies.
● Enact a plan for measuring the implementation of this policy in accordance with federal requirements.
● Provide opportunities and support for all kindergarten (K) through grade twelve (12) students to be physically active on a regular basis and achieve the recommended health-related physical fitness standards.
● Ensure that all food and beverages sold or served to students during the regular school day on all school campuses meet or exceed the Arizona Department of Education (ADE) Nutrition Standards and U.S. Dietary Guidelines. All guidelines for reimbursable school mealsSchool District strives to make a significant contribution to the general well being, mental and physical capacity, and learning ability of each student while affording them the opportunity to fully participate in the educational process.
The District is committed to providing school environments that promote and protect children's health, well-being, and ability to learn by supporting healthy eating and physical activity. Healthy eating is demonstrably linked to reduced risk for mortality and development of many chronic diseases as adults.
To ensure the health and well-being of all students, the Board shall promote and monitor student wellness in a manner that the Board determines is appropriate in the following areas:
A. Nutrition Guidelines: All foods available in each school during the day will have as a primary goal the promotion of student health and the reduction of childhood obesity. All guidelines for reimbursable school meals shall not be less restrictive than regulations and guidance issued by the Secretary of Agriculture, as those as those regulations and guidance apply to schools.
● Provide students with access to a variety of affordable, nutritious, and appealing foods that meet the health and nutritional needs of students as outlined by the ADE Nutrition Standards and U.S. Dietary Guidelines.
● Provide adequate time for students to eat in clean, safe, and pleasant settings.
● Participate, to the maximum extent practicable, in federal school meals programs (including the School Breakfast Program, National School Lunch Program [including after school snacks], Summer Food Service Program, Fruit and Vegetable Snack Program, and Child and Adult Care Food Program [including suppers]).
● Provide nutrition education and physical education to foster lifelong habits of healthy eating and physical activity.
● Establish links between health education, school meal programs, and related community servicesB. Nutrition Education: The goal is to influence students' eating behaviors by providing nutrition education that is appropriate for students' ages; reflects students' cultures; is integrated into health education or core curricula; and provides opportunities for students to practice skills and have fun.
C. Physical Activity: The goals for physical activity are to provide opportunities for every student to develop the knowledge and skills for specific physical activities, to maintain students' physical fitness, to ensure students' regular participation in physical activity, and to teach students the short- and long-term benefits of a physically active and healthful lifestyle.
D. Sunscreen: The goal is to emphasize skin health and promote the application of sunscreen products and to inform students that a student who attends school in this District may possess and use a topical sunscreen product while on school property or at a school-sponsored event without a note or prescription from a licensed health care professional.
E. Other School-Based Activities: The goal is to create a total school environment that is conducive to healthy eating and physical activity.
F. Evaluation/Implementation: A primary goal will be to regularly (at least annually) evaluate the effectiveness of this policy in promoting healthy eating and changing the program as appropriate to increase its effectiveness. Such evaluation will be measureable. The results of each evaluation, including the extent to which schools are in compliance with District policy, the extent to which the District policy complies with federal regulations, and a description/summary of the progress made in attaining the goals of the District, shall be made available to the public. Physical education teachers and school health professionals shall have an opportunity to participate in the evaluation and implementation of this policy.
G. Parent, Community and Staff Involvement: A primary goal will be to engage family members, students, and representatives of the school food authority, the Governing Board, school administrators, and the public in development and regular review of this school policy.
The Superintendent is directed to develop administrative regulations to implement this policy, including such provisions as may be necessary to address all food and beverages sold and/or served to students at school (i.e., competitive foods, snacks and beverages sold from vending machines, school stores, after-school programs, and funding-raising activities and refreshments that are made available at school parties, celebrations and meetings), including provisions for staff development, family and community involvement and program evaluation. Exemptions may be made for: foods and beverages prepared during curricular activities such as culinary arts classes; foods and beverages sold during occasional fund-raising, and foods and beverages provided for classroom celebrations.
Adopted: January 24, 2006The Superintendent shall institute and clearly communicate a meal charge policy to all District households and District staff responsible for policy enforcement that is consistent with aspects of the Healthy Hunger-Free Kids Act of 2010 applicable to the District. Regulations and exhibits created for the purpose of implementing this policy shall be considered, in effect, to be an extension of this policy subject to Governing Board review.
Adopted: date of Manual adoption
LEGAL REF.:
A.R.S.
15-158
15-242
The National School Lunch Act (42 U. S. C. 1751 et seq. ) and the Child Nutrition Act
((National School Lunch Act)
42 U. S. C. 1771 et seq. ), as amended.(Child Nutrition Act)
CROSS REF.:
ABA - Community Involvement in Education
ABAA - Parental Involvement
BBA - Board Powers and Responsibilities
EF - Food Services
EFDA - Collection of Money/Food Tickets
EFE - Competitive Food Sales/Vending Machines
IA - Instructional Goals and Objectives
REGULATION
STUDENT WELLNESS
(Nutrition and Health)
Nutrition Guidelines
Beverages:
● Water - Pure water, no artificial sweeteners and/or caffeine, unless exempted by the United States Department of Agriculture (USDA).
● Juice - One hundred percent (100%) fruit or vegetable juice, non-carbonated unless exempted by the USDA, portion sizes limited to eight ounces (8oz.) for the elementary and twelve ounces (12oz.) for the middle/junior high/high schools.
● Fruit-based smoothie - Juice must be one hundred percent (100%), limited to twelve ounces (12oz.) or less.
● Yogurt-based smoothie - Yogurt must be in reduced fat form, and cannot contain more than thirty percent (30%) fat.
● Milk - Two percent (2%), one percent (1%), and fat free milk, limited to twelve ounces (12oz.) or less.
● Milk alternatives - Enriched, low fat or fat free, limited to twelve ounces (12oz.) or less.
Food:
● Three hundred (300) calories or less.
● Thirty percent (30%) or less of total calories from fat (excluding nuts and seeds).
● Ten percent (10%) or less of total calories from saturated fat plus trans fatty acids added together.
● Thirty-five percent (35%) or less of weight from sugars (excluding fruit, vegetables, and dairy).
● One (1) or more grams of fiber.
● At least ten percent (10%) of calcium, iron, vitamin A and/or vitamin C.
● Maximum of four hundred milligram (400mg) sodium.
An annual report shall be made to the Board on the District's compliance with law and policies related to student wellness. The report may include but not be limited to:
A. Evaluation of the food services program.
B. Recommendations for policy and/or program revisions.
C. Review of all foods and beverages sold in schools for compliance with established nutrition guidelines.
D. Assessment of school environment regarding student wellness issues.
E. Listing activities and programs conducted to promote nutrition and physical activity.
F. Providing feedback received from District staff, students, parents/ guardians, and community members.
In accordance with the National School Lunch Act (42 U. S. C. 1751 et seq.) and the Child Nutrition Act (42 U.S.C. 1771 et seq.), as amended, an assurance that District guidelines for reimbursable meals are not less restrictive than regulations and guidelines issued for schools in accordance with federal law shall be provided annually. The Superintendent shall receive assurances from all appropriate administrators and supervisors prior to making the annual Board report.
Nutrition Education
Nutrition education shall focus on students' eating behaviors, be based on theories and methods proven effective by research and be consistent with state and local District health education standards. Nutrition education at all levels of the curriculum shall include, but not be limited to, the following essential components designed to help students learn:
A. Age-appropriate nutritional knowledge, including the benefits of healthy eating, essential nutrients, nutritional deficiencies, principles of healthy weight management, the use and misuse of dietary supplements, safe food preparation, handling and storage and cultural diversity related to food and eating;
B. Age-appropriate nutrition-related skills, including, but not limited to, planning a healthy meal, understanding and using food labels and critically evaluating nutrition information, misinformation and commercial food advertising; and
C. How to assess one's personal eating habits, set goals for improvement and achieve those goals.
In order to reinforce and support nutrition education efforts, the guidelines will ensure that:
A. Nutrition instruction provides sequential, comprehensive health education in accordance with the Arizona Department of Education curriculum regulations and academic standards;
B. Cooperation with agencies and community organizations is encouraged to provide opportunities for appropriate student projects related to nutrition;
C. Consistent nutrition messages are disseminated from the District throughout the schools, communities, homes and media; and
D. Nutrition education is extended beyond the school environment by engaging and involving families and community.
Nutrition Guidelines and
Food Services Operations
All foods and beverages made available on a school campus serving any configuration of prekindergarten (PK) through eighth (8th) grade during the normal school day are to be consistent with the Arizona Nutrition Standards. Guidelines for reimbursable school meals shall not be less restrictive than regulations and guidance issued by the Secretary of Agriculture pursuant to law. The District will create procedures that address all foods (including Foods of Minimal Nutritional Value and Competitive Food Sales) available to students throughout the school day in the following areas:
A. National School Lunch Program and School Breakfast Program Meals.
B. Á la carte offerings in the food service program.
C. Vending machines and school stores.
D. Classroom parties, celebrations, fund-raisers, rewards and school events.
E. Snacks served in after-school programs.
In keeping with the District's nutrition program goals, only food prepared or obtained by the District's food services program should be served. This includes classroom reward or incentive programs involving food items as well as foods and beverages offered or sold at school-sponsored events during the regular school day. Approval is required to ensure that the foods served meet the requirements of the District's nutrition policy and regulation (i.e., all foods served fit in a healthy diet and contribute to the development of lifelong healthy eating habits for the District's students).
A.R.S. 36-136 provides an exemption from rules promulgated by the Director of the Department of Health Services for a whole fruit or vegetable grown in a public school garden that is washed and cut on-site for immediate consumption.
Physical Activity
District schools shall strive to provide opportunities for developmentally appropriate physical activity during the school day for all students.
Other School-Based Activities
The goal for other school-based activities is to ensure whole-school integration with the wellness program. The District will achieve the goal by addressing elements that include, but are not limited to, school meal times, dining environment, food as an incentive, marketing and advertising, skin cancer prevention and sun safety, staff wellness, and staff development and training.
Program Evaluation
In each school, the principal will ensure compliance with established District-wide student wellness goals and will report on the school's compliance to the Superintendent.
The District, and individual schools within the District, will, as necessary, revise the policy and develop action plans to facilitate their implementation.
REGULATION
STUDENT INTERROGATIONS,
SEARCHES, AND ARRESTS
School employees may conduct searches when they have reason to suspect that the health, safety, or welfare of students may be in danger. Any school employee making a search or seizure will follow these guidelines:
● General searches of school property (including personal items found in school property) may be conducted at any time when there is reasonable cause for school employees to believe that something that violates a law or school rule is on school property. This search of school property may be made without the student being present.
● Illegal items (firearms, explosive devices, weapons, drugs) or other possessions reasonably determined to be a threat to the safety or security of others, or which might possibly interfere with school purposes, may be seized by school employees.
● Items that are used to disrupt or interfere with the educational process may be temporarily removed from a student's person.
● The school maintains ownership of student lockers. The school may and will search student lockers on a periodic basis to protect the health, safety, or welfare of all students.
● Motor vehicles parked on school property may be searched by school employees when there is reasonable cause to believe the health, safety, or welfare of students might be in jeopardy.
REGULATION
STUDENT WELLNESS(Physical Activity
Physical Activity Goals
)
The primary goal for the District's physical activity component is to provide opportunities for every student to develop the knowledge and skills for specific physical activities, maintain physical fitness, regularly participate in physical activity, and understand the short- and long-term benefits of a physically active and healthy lifestyle.
A comprehensive physical activity program encompasses a variety of opportunities for students to be physically active, including physical education, recess, walk-to-school programs, after-school physical activity programs, health education that includes physical activity as a main component, and physical activity breaks within regular classrooms.
Physical education (high school graduation requirements): Students must, at the least, satisfy the state and District's physical education credit requirement.
Physical activity (time, frequency, and/or intensity): Schools will ensure that students are moderately to vigorously active at least fifty -five percent (55%50%) of the time while participating in physical education classes.
Physical activity outside of physical education: Schools may offer after-school intramural programs and/or physical activity clubs that meet the needs and interests of all students, including those who are not athletically involved or those with special health care needs.
Recess to promote physical activity: Grades kindergarten (K) through six (6) will have recess or physical education classes daily.
A. Each student in a kindergarten program and grades one (1) through five (5) shall have at least thirty (30) minutes of recess consisting of structured physical activity each day.
1. The structured physical activity may take place outside or inside the classroom.
2. Physical education classes may satisfy the recess requirement.
3. Unstructured recess time occurring immediately after lunch periods does not satisfy the recess requirement.
Walking or biking to school to promote physical activity: The District shall annually review safe routes for students who walk or bike to school.
Prohibition of use of punishment: The District will discourage the use of physical activity as punishment, the withholding of participation in physical education class as punishment, or the use of physical education class time to complete assignments from other classes.
After-school programs: The District shall encourage after-school programs to provide developmentally appropriate physical activity for participating children and reduce or eliminate the time spent in sedentary activities such as watching television or videos.
Community use: Appropriate fees not withstanding, the The District shall encourage community access to, and student and community use of, the school's physical activity facilities outside the normal school day.
The Board may provide or make available a student health benefits insurance program for the District. The program will be conducted at no expense to the District. (The District cannot pay for health benefits plan insurance out of monies from the School District's maintenance and operation budget.)
The Superintendent will provide to parents or guardians information on student health benefits insurance if such insurance is available.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-384
A.G.O.
I86-095
The Superintendent shall establish procedures for the student health services program in the District. Such procedures will provide for:
● AdministrationA. Administration of patent or proprietary medications (over-the-counter [OTC] medications) in compliance
with Arizonawith Arizona Revised Statutes and District policies.
● AdministrationB. Administration of prescription medications in compliance with Arizona Revised Statutes and District policies.
● AdministrationC. Administration of immunizations in conjunction with the County Health Department and in compliance
with Arizonawith Arizona Revised Statutes.
● Providing D. Providing preventive health information.
● The E. The treatment of school-related injuries/illnesses, and recommendation for follow-up care.
● Screening F. Screening clinics for selected physical impairments.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-344
Each student participating in high school and junior high school interscholastic athletics is required to submit to a physical examination when required by the Arizona Interscholastic Association or to submit evidence of being physically fit, as verified by competent medical personnel.
Adopted: date of
manualManual adoption
Subject to the exemptions as provided by law, immunization against diphtheria, tetanus, pertussis, poliomyelitis, rubeola (measles), mumps, rubella (German measles), hepatitis B, haemophilus influenzae b (Hib), and varicella and meningococcal is required for attendance of a student in a District school. A student's immunization record must be submitted prior to attendance, although a student may be conditionally enrolled provided that necessary immunizations have been initiated and a schedule has been established for completion of the required immunizations. The school administrator shall review the school immunization record at least twice each school year until the pupil receives all of the required immunizations. A student shall not be allowed to attend school without submitting documentary proof of compliance to the school administrator unless the student is exempted from immunization. On enrollment, the school administrator shall suspend that student if the administrator does not have documentary proof of compliance and the student is not exempted from immunization. A student who fails to comply with the immunization schedule shall be suspended from school attendance until documentary proof of compliance is provided to the school administrator, except that a homeless student shall not be suspended from attendance until the fifth (5th) calendar day after enrollment.
Any student with serologic confirmation of the presence of specific antibodies against a vaccine-preventable disease shall not be subject to immunization against that disease as a condition for attending school.
The District will cooperate with county and state health departments in programs of immunization. Parents' permission must be secured before a student may participate in such immunization projects.
Adopted: June 25, 2013date of Manual adoption
LEGAL REF.:
A.R.S.
15-871
15-872
15-873
15-874
A.A.C.
R9-6-203
R9-6-313
R9-6-350
R9-6-353
R9-6-356
R9-6-365
R9-6-368
R9-6-372
R9-6-388
R9-6-701 through through 707
REGULATION
IMMUNIZATIONS OF STUDENTS
Subject to the exemptions in A.R.S. 15-873, immunization against each of the following diseases is required for attendance of
anya child in any school:
● DiphtheriaA. Diphtheria;
● TetanusB.
● Hepatitis B.
● Pertussis.
● Poliomyelitis.
● Measles (rubeola).
● Mumps.
● RubellaTetanus;
C. Hepatitis B;
D. Pertussis;
E. Poliomyelitis;
F. Measles (rubeola);
G. Mumps;
H. Rubella (German measles);
I.
●Haemophilus influenzae
typetype b (Hib);
J.
●Varicella; and
● MeningococcalK. Meningococcal.
L. Hepatitis A, for a child one (1) through five (5) years of age in a day care program in Maricopa County.
Unless exempt in accord
withwith R9-6-706, the schedule for compliance
for a student eleven (11) years of age or older who has not previously received the meningococcal vaccine (MV) is:● Receive MV according to the following:
■ By September 1, 2008 for a child entering grade six (6) ;
■ By September 1, 2009 for a child entering grades six (6) and seven (7);
■ By September 1, 2010 for a child entering grades six (6) through eight (8);
■ By September 1, 2011 for a child entering grades six (6) through nine (9);
■ By September 1, 2012 for a child entering grades six (6) through ten (10);
■ By September 1, 2013 for a child entering grades six (6with the requirement for immunization against varicella is:
Grade student entering as of September 1,
Kindergarten (K) through grade four (4) 2008
and grades seven (7) through ten (10)
Kindergarten (K) through grade five (5) 2009
and grades seven (7) through eleven (11)
Kindergarten (K) through grade twelve (12)
; and● Be excluded from school entry by a school administrator until the child meets the requirements in this section.
2010
Unless exempt in accord
withwith R9-6-706, the schedule for compliance for a student eleven (11) years
of ageor older who has not previously received the
Tdapmeningococcal vaccine is:
● Receive the Tdap according to the following:
■ By September 1, 2008 for a child entering grade six (6);
■ By September 1, 2009 for a child entering gradesGrade student entering as of September 1,
Grade six (6) 2008
Grades six (6) and seven (7)
;■ By September 1, 2010 for a child entering grades2009
Grades six (6) through eight (8)
;■ By September 1, 2011 for a child entering grades2010
Grades six (6) through nine (9)
;■ By September 1, 2012 for a child entering grades2011
Grades six (6) through ten (10)
;■ By September 1, 2013 for a child entering grades2012
Grades six (6) through eleven (11)
; and■ By September 1, 2014 for a child entering grades2013
Grades six (6) through twelve (12)
; and● Be excluded from school entry by a school administrator until the child meets the requirements in this section.
2014
The preceding schedules will remain in effect unless the school is notified by the Arizona Department of Health Services of a modification to one (1) or both of the schedules.
A child is in compliance with the requirements if the child has met the criteria of the appropriate immunization schedule as recommended by the Department of Health Services or is actively in the process of meeting such criteria as evidenced by having received one (1) dose of each of the required immunizations and has established a schedule for completion of the required immunizations.
A child shall not be allowed to attend school without submitting documentary proof to the school administrator unless the child is exempted from immunization pursuant to
sectionsection 15-873. Upon enrollment, schools shall forbid attendance
ofor (suspend)
anya student not meeting the requirements for immunization or exemption from immunization. Homeless students shall be referred to the liaison for homeless students and shall not be required to comply with the immunization requirements until the fifth (5th) calendar day after enrollment.
The admitting official shall deem the student to be in compliance with the requirements of this regulation if:
● TheA. The student's immunization record complies with the documentary proof required pursuant to A.A.C. R9-6-704, and the student has received or is in the process of receiving all required age-specific vaccine
dosesdoses according to Exhibit JLCB-E; or
● AnB. An exemption from immunization is submitted in accordance with the procedures set forth
inin R9-6-706.
When the student's immunization record is not available at the time of enrollment, the school shall provide the responsible person with the following:
● NotificationA. Notification of the lack of compliance with the immunization requirements;
● AB. A written notice that specifies when the required doses shall be completed, notes the availability
of exemptionsof exemptions to immunization, and refers the student to a physician or local health department
for reviewfor review of the student's immunization history and provision of immunizations as needed; and
● NotificationC. Notification that the student is suspended in accordance
withwith 15-872
untiluntil an acceptable
immunization record thatimmunization record that meets the standards of documentary proof is presented to the school.
When immunization records are presented that do not comply with the standards for documentary proof, the school shall:
● NotifyA. Notify the responsible person of the lack of compliance with the immunization requirements; and
● ObtainB. Obtain a review and verification of the student's immunization record by or in consultation with a
certificated schoolcertificated school nurse, a public health nurse, a licensed physician,
the Arizona State Immunization Information System (ASIIS)or an authorized representative of a local
health departmenthealth department.
If the admitting official is unable to verify the accuracy of the student's immunization record pursuant to the preceding paragraph, the school shall provide to the responsible person:
●A. A written referral to a physician or local health department for further review of the student's
immunization historyimmunization history and provision of immunizations as needed; and
● NotificationB. Notification that the student is suspended until an immunization record that meets the standards
of documentaryof documentary proof is presented to the school.
Each school shall maintain a current list of students without evidence of immunization or immunity to the diseases listed
inin R9-6-702, which shall include the names of all students with incomplete immunization histories or exemptions for personal or medical reasons where evidence of immunity has not been provided.
Schools shall forbid attendance by a student lacking proof of immunization or immunity against any of the immunization-preventable diseases as determined by the State Department of Health Services or local health department during periods of outbreaks of the diseases for which immunity is lacking. The announcement of an outbreak of disease and the length of the period of communicability shall be as declared by the state or local health department.
Standards for Documentary Proof
Proof of immunity to the diseases listed
inin R9-6-702
shallshall be documented in accordance
withwith R9-6-704.
Immunization records or statements of immunity shall be signed by a physician or authorized representative of a health agency.
Exemptions to Immunizations
Students who have reached their fifth (5th) birthday shall be exempt from the Hib immunization requirement.
Students who have reached their seventh (7th)
through tenth (10th)birthday shall be exempt from the pertussis immunization requirement.
Any student with laboratory evidence of immunity shall not be subject to immunization against that disease as a condition for attending school, provided that such evidence is submitted to the school.
In accordance with A.R.S. 15-873, documentary proof is not required for a student to be admitted to school if one (1) of the following occurs:
● TheA. The parent or guardian of the student submits a signed statement to the school administrator stating that
the parentthe parent or guardian has received information about immunizations provided by the Department of
Health ServicesHealth Services, understands the risks and benefits of immunizations and the potential risks of nonimmunization,
andand that, due to personal beliefs, the parent or guardian does not consent to the immunization of the student.
● TheB. The school administrator receives written certification, signed by the parent or guardian and by a physician,
thatthat states that one (1) or more of the required immunizations may be detrimental to the student's health
and indicatesand indicates the specific nature and probable duration of the medical condition or circumstance that
precludes immunizationprecludes immunization.
An exemption pursuant to the preceding subparagraph is valid only during the duration of the circumstance or condition that precludes immunization.
If a medical exemption is granted in accordance with A.R.S. 15-873, it shall be defined by the grantor as either permanent or temporary.
●A. A permanent medical exemption may be provided for one (1) or more vaccines.
● AB. A temporary medical exemption shall specify the date of its termination. A student with a temporary
medical exemptionmedical exemption shall be allowed to attend school on the condition that the required immunizations are obtained
at theat the termination of the exemption. The responsible person shall be notified of the date by which the
student shallstudent shall complete all required immunizations.
Any exemption granted in accordance with A.R.S. 15-873
shallshall be recorded on the school immunization record in the student's permanent file.
Students who lack documentary proof of immunization shall not attend school during outbreak periods of communicable immunization-preventable diseases as determined by the Department of Health Services or local health department. The Department of Health Services or local health department shall transmit notice of this determination to the school administrator responsible for the exclusion of the students.
Reporting Communicable Diseases
The administrator of a school shall submit by telephone a report to the local health department any case, suspected case, or outbreak of a communicable disease as follows:
A. Within twenty-four (24) hours after detecting a case or suspected case of:
B. Cryptosporidiosis
C. Enterohemorrhagic Escherichia coli
D. Haemophilus influenzae: invasive disease
E. Hepatitis A
F. Measles
G. Meningococcal invasive disease
H. Mumps
I. Pertussis (whooping cough)
J. Rubella (German measles)
K. Salmonellosis
L. Shigellosis
M. Within twenty-four (24) hours after detecting an outbreak of:
N. Conjunctivitis: acute
O. Diarrhea, nausea, or vomiting
P. Scabies
Q. Streptococcal Group A infection
R. Within five (5) working days after detecting a case or a suspected case of:
S. Campylobacteriosis
T. Varicella (chicken pox)
The report shall include:
A. The name and address of the school
B. The number of individuals having the disease, infestation, or symptoms
C. The date and time the disease or infestation was detected or the symptoms began
D. The number of rooms, grades, or classes affected and the name of each
E. Information about each affected individual to include:
F. Name,
G. Date of birth or age,
H. Residential address and telephone number,
I. Whether the individual is a staff member, student, child in care, or a resident,
J. The number of individuals attending or residing in the school, and
K. The name, address, and telephone number of the person making the report.
Other Required Reports
By November 15 of each year, the Superintendent shall submit a report on the immunization status of students to the state or local health department on a form provided by the Department.
Each Superintendent of a school whose nurses are authorized to administer vaccines or immunizing agents shall submit monthly reports to the county health department in accordance with the procedures set forth in R9-6-707. Reports are due by the fifth (5th) day of the following month.
An immunization record shall be maintained for each student in the school. Each immunization record shall include the following information:
● NameA. Name of the student;
● DateB. Date of birth;
● TheC. The date of the student's admission to the school;
● TheD. The month and year in which each vaccine was received, except for measles, mumps, and rubella, for
which thewhich the day, month, and year are required
.● The;
E. The type of immunizing agents administered to the student;
● TheF. The date each dose of immunizing agent is administered to the student; and
● TheG. The established schedule for completion of immunizations if the student is admitted to or allowed to
continue tocontinue to attend a school pursuant to
sectionsection 15-872, subsection E.
By November 15 of each year, each administrator of a public-school-based day care program or preschool shall submit a report to the state or local health department on a form provided by the Department.
A school shall transfer an immunization record and signed requests for provision of immunizations, including any revocations thereof, with the mandatory permanent student record and provide at no charge, on request, a copy of the immunization record to the parent or guardian of the pupil.
Reporting Communicable Diseases
The administrator of a school shall submit by telephone a report to the local health department any case, suspected case, or outbreak of a communicable disease as follows:
● Within twenty-four (24) hours after detecting a case or suspected case of:
■ Cryptosporidiosis
■ Enterohemorrhagic Escherichia coli
■ Haemophilus influenzae: invasive disease
■ Hepatitis A
■ Measles
■ Meningococcal invasive disease
■ Mumps
■ Pertussis (whooping cough)
■ Rubella (German measles)
■ Salmonellosis
■ Shigellosis
● Within twenty-four (24) hours after detecting an outbreak of:
■ Conjunctivitis: acute
■ Diarrhea, nausea, or vomiting
■ Scabies
■ Streptococcal Group A infection
● Within five (5) working days after detecting a case or a suspected case of:
■ Campylobacteriosis
■ Varicella (chicken pox)
The report shall include:
● The name and address of the school
● The number of individuals having the disease, infestation, or symptoms
● The date and time the disease or infestation was detected or the symptoms began
● The number of rooms, grades, or classes affected and the name of each
● Information about each affected individual to include:
■ Name,
■ Date of birth or age,
■ Residential address and telephone number,
■ Whether the individual is a staff member, student, child in care, or a resident
● The number of individuals attending or residing in the school, and
● The name, address, and telephone number of the person making the report.
Any student with, or recovering from, a communicable disease will not be permitted in school until the period of contagion is passed or until a physician recommends a return, in accordance with A.R.S. 36-629621 et seq., appropriate regulations of the State Department of Health Services, and policies of the County Health Department.
Parents will be requested to provide a history of the communicable diseases for each student, and such records will be kept and maintained by the District.
A student suffering from a communicable disease shall be excluded from school to protect the student's own welfare and also to protect other students from illness. Early recognition of a communicable disease is of prime importance. The administrator or county health director shall make the decision for exclusion and readmission.
Pediculosis (Lice Infestation)
Students with pediculosis shall be excluded from school until treatment specific for pediculosis has been initiated and the student is symptom freetreated with a pediculocide.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-871
15-872
36-629621
A.A.C.
R9-6-202 et seq.
R9-6-301
R9-6-342
R9-6-355
Students with human immunodeficiency virus (HIV) or acquired immune deficiency syndrome (AIDS) have a right to receive a public education. The Board has a responsibility to assure that the school provides a safe environment for all of its students and employees.
The Board directs that:
● infectedA. infected students receive a public education.
● informationB. information be provided for parents, faculty and staff members, and other concerned persons concerning
the actualthe actual and potential dangers of transmission of the disease.
● decisionsC. decisions concerning the educational placement of infected students be determined upon the best
medical knowledgemedical knowledge available and on a case-by-case basis.
● restrictionsD. restrictions be placed upon a student as required by Department of Health Services regulations, advice of
the Countythe County Health Department, and advice of a physician selected by the District.
● protectionE. protection for the rights of privacy of each infected student be a primary consideration.
Decision(s) regarding the type of educational setting for the student who is infected with HIV virus shall be based upon the behavior, neurologic development, and physical and mental condition of the student. Recommendations will be made upon consultation with public health personnel, school officials, the student's physician and parents, and, at the discretion of the District, a physician selected by the District.
Adopted: April 23, 2013date of Manual adoption
LEGAL REF.:
A.R.S.
15-716
15-871
15-872
A.A.C.
R9-6-331
R9-6-702 et seq.
CROSS REF.:
GBGC - Employee Assistance
GBGCB - Staff Health and Safety
IHAMB - Family Life Education
IHB - Special Instructional Programs
JHD - Exclusions and Exemptions from School Attendance
JI - Student Rights and Responsibilities
JII - Student Concerns, Complaints, and Grievances
JR - Student Records
KB - Parental Involvement in Education
Under certain circumstances, when it is necessary for a student to take medicine during school hours, the District will cooperate with the family physician and the parents if the following requirements are met:
A. There must be a written order from the physician stating the name of the medicine, the dosage, and the time it is to be given.
B. There must be written permission from the parent to allow the school or the student to administer the medicine. Appropriate forms are available from the school office.
C. The medicine must come to the school office in the prescription container or, if it is over-the-counter medication, in the original container with all warnings and directions intact.
The Governing Board directs the Superintendent to prescribe and enforce regulations and procedures for the emergency administration of auto-injectable epinephrine by a trained employee of the School District pursuant to section A.R.S. 15-157 and subsequent to the adoption of rules by the State Board of Education on or before January 1, 2014 pertaining to annual training in the administration of auto-injectable epinephrine, recognition of anaphylactic shock symptoms and the procedures to follow when anaphylactic shock occurs and the requirements of A.R.S. 15-203(A)(40).
The Governing Board recognizes that the prescribed annual training is optional during any fiscal year in which sufficient monies are not appropriated by the legislature during that fiscal year to provide for the purchase of two (2) juvenile doses and two (2) adult doses of auto-injectable epinephrine at each public school in this state and if the school does not stock two (2) juvenile doses and two (2) adult doses of auto-injectable epinephrine at the school during that fiscal year.
Exceptions:
A. Students who have been diagnosed with anaphylaxis may carry and self-administer emergency medications including auto-injectable epinephrine provided the pupil's name is on the prescription label, on the medication container or device and annual written documentation from the pupil's parent or guardian is provided that authorizes possession and self-administration. The student shall notify the school office secretary as soon as practicable following the use of the medication;
B. For breathing disorders, handheld inhaler devices may be carried for self administration provided the pupil's name is on the prescription label, on the medication container, or on the handheld inhaler device and annual written documentation from the pupil's parent or guardian is provided that authorizes possession and self-administration.
C. Students with diabetes who have a diabetes medical management plan provided by the student's parent or guardian, signed by a licensed health professional or nurse practitioner as specified by A.R.S. 15-344.01, may carry appropriate medications and monitoring equipment and self-administer the medication.
District employees may volunteer to be a student's diabetes care assistant, subject to approval by the student's parent or guardian, in an emergency situation as described in 15-344.01. The Superintendent may develop regulations for implementing this provision.
The District reserves the right, in accordance with procedures established by the Superintendent, to circumscribe or disallow the use or administration of any medication on school premises if the threat of abuse or misuse of the medicine may pose a risk of harm to a member or members of the student population.
The Governing Board directs the Superintendent to prescribe and enforce regulations and procedures for the emergency administration of naloxone hydrochloride or any other opioid antagonist approved by the United States Food and Drug Administration by an employee of a school district pursuant to Section 36-2267, Administration of opioid antagonist; exemption from civil liability; definition, which, in part states the following:
A. A person may administer an opioid antagonist that is prescribed or dispensed pursuant to section 32-1979 or 36-2266 in accordance with the protocol specified by the physician, nurse practitioner, pharmacist or other health professional to a person who is experiencing an opioid-related overdose.
B. A person who in good faith and without compensation administers an opioid antagonist to a person who is experiencing an opioid-related overdose is not liable for any civil or other damages as the result of any act or omission by the person rendering the care or as the result of any act or failure to act to arrange for further medical treatment or care for the person experiencing the overdose, unless the person while rendering the care acts with gross negligence, willful misconduct or intentional wrongdoing.
C. "Person" includes an employee of a school district or charter school who is acting in the person's official capacity.
This policy and any related policies or amendments to such policies shall be forwarded to the District liability insurance carrier for review.
Adopted: October 25, 2016date of Manual adoption
LEGAL REF.:
A.R.S.
15-157
15-158
15-203
15-341
15-344
15-344.01
32-1601
32-1901
REGULATION
MEDICINES / ADMINISTERING
MEDICINES TO STUDENTS
(Medication Procedures)
Prescription Drugs
For occasions when it is necessary for a student to receive a prescription drug during the school day, the following procedure has been established to ensure the protection of the school and the student and to assure compliance with existing rules and regulations:
Administration by school personnel:
● TheA. The medication must be prescribed by a
licensed health care providerphysician.
● TheB. The parent or guardian must provide written permission to administer the medicine to the student.
Appropriate formsAppropriate forms are available from the school office.
● TheC. The medication must come to the school office in the prescription container as put up by the pharmacist.
WrittenWritten directions from the
licensed health care providerphysician or pharmacist must state the name of the patient, the name of
the medicinethe medicine, the dosage, and the time it is to be given.
● AnD. An administrator may designate a school employee to administer the medication.
● AnyE. Any medication administration services specified in the child's diabetes medical management plan shall
be providedbe provided.
● TwoF. Two (2) or more school employees, subject to final approval by the student's parent or guardian,
may volunteermay volunteer to serve as diabetes care assistants. Voluntary diabetes care assistants are allowed to
administer insulinadminister insulin, assist the pupil with self-administration of insulin, administer glucagon in an emergency situation to
a pupila pupil or perform any combination of these actions if all of the following conditions exist:
■ A1. A school nurse or another health professional who is licensed pursuant to statute or a nurse
practitioner whopractitioner who is licensed pursuant to statute is not immediately available to attend to the pupil at the time of
the emergencythe emergency.
■ If2. If the voluntary diabetes care assistant is authorized to administer glucagon, the parent or guardian
must providemust provide to the school an unexpired glucagon kit prescribed for the student by an appropriately
licensed healthlicensed health care professional or nurse practitioner.
■ The3. The volunteer diabetes care assistant has provided to the school a written statement signed by
an appropriatelyan appropriately licensed health professional that the voluntary diabetes care assistant has
received properreceived proper training in the administration of glucagon, including the training specified in A.R.S. 15-344.01.
■ If4. If the voluntary diabetes care assistant is authorized to administer insulin, the parent or guardian of
the pupilthe pupil has provided insulin and all equipment and supplies that are necessary for insulin
administration byadministration by voluntary diabetes care assistants.
■ The5. The training provided by an appropriately licensed health professional must include all of the following:
⇒ Ana. An overview of all types of diabetes.
⇒ Theb. The symptoms and treatment of hyperglycemia and hypoglycemia.
⇒ Techniquesc. Techniques for determining the proper dose of insulin in a specific situation based on
instructions providedinstructions provided in the orders submitted by the pupil's physician.
⇒ Techniquesd. Techniques for recognizing the symptoms that require the administration of glucagon.
⇒ Techniquese. Techniques on administering glucagon.
■ A6. A District employee shall not be subject to any penalty or disciplinary action for refusing to serve as
a voluntarya voluntary diabetes care assistant.
■ The7. The District, employees of the District, and properly licensed volunteer health professionals and nurse practitioners are immune from civil liability for the consequences of the good faith adoption
and implementationand implementation of policies and procedures pursuant to District policy and this regulation.
● EachG. Each administration of prescription drugs must be documented, making a record of the student
having receivedhaving received the medication.
● DrugsH. Drugs must be kept in their original containers in a locked medicine cabinet
, with the exception of epinephrine auto-injections and glucagon, which must be accessible at all times.
Self-administration:
● When the licensed health care providerA. When the physician feels it is necessary for the student to carry and self-administer the medication,
the physicianthe physician shall provide written recommendations, to be attached to the signed parent permission
form exceptform except in the case of medication for diagnosed anaphylaxis and breathing disorders requiring
handheld inhalerhandheld inhaler devices. In these cases the student's name on the prescription label is sufficient for
the physicianthe physician'
s recommendations recommendation.
● TheB. The student's diabetes medical management plan provided by the parent or guardian shall be signed by
the appropriatelythe appropriately licensed health
careprofessional or nurse practitioner and shall state that the student is capable
of selfof self-monitoring blood glucose and shall list the medications, monitoring equipment, and nutritional needs
that arethat are medically appropriate for the pupil to self-administer and that have been prescribed or authorized for
that studentthat student. The student must be able to practice proper safety precautions for the handling and disposal of
the equipmentthe equipment and medications that the student is authorized to use under these provisions. The pupil's
diabetes medicaldiabetes medical management plan shall specify a method to dispose of equipment and medications in a
manner agreedmanner agreed on by the parent or guardian and the school.
● TheC. The parent or guardian must provide written permission for the student to self-administer and carry
the medicationthe medication. Appropriate forms are available from the school
healthoffice.
● TheD. The medication must come in the prescription container as put up by the pharmacist.
Over-the-Counter Medication
When it is necessary for a student to receive a medicine that does not require a prescription order but is sold, offered, promoted, and advertised to the general public, the following procedure has been established to ensure the protection of the school and the student:
Administration by school personnel:
● WrittenA. Written permission must be provided by the parent or guardian for the administration of specific over-the-counter drugs.
● AnyB. Any over-the-counter drug or medicine sent by the parent to be administered to a student must come to
the schoolthe school office in the original manufacturer's packaging with all directions, dosages, compound contents,
and proportionsand proportions clearly marked.
● AnC. An administrator may designate a school employee to administer a specific over-the-counter drug.
● EachD. Each instance of administration of an over-the-counter drug must be documented in the daily log.
● OverE. Over-the-counter drugs must be kept in their original containers in a locked medicine cabinet.
Self-administration:
● WrittenA. Written permission must be provided by the parent or guardian for the administration of specific over-the-counter drugs by the student.
● OverB. Over-the-counter drugs or medicine sent by the parent to be administered by the student must be kept by
the studentthe student in the original manufacturer's packaging, with all directions, dosages, compound contents,
and proportionsand proportions clearly marked.
● NecessityC. Necessity for self-administration of an over-the-counter drug or medicine shall be determined by
the studentthe student's
health care providerphysician and must be verified by a signed
health care providerphysician's statement attached to the parent
or guardianor guardian permission form, indicating the specific drug or medicine.
Protection of Students
Use or administration of medication on school premises may be disallowed or strictly limited if it is determined by the Superintendent, in consultation with medical personnel, that a threat of abuse or misuse of the medicine may pose a risk of harm to a member of the student population.
The student shall take extraordinary precautions to keep secure any medication or drug, and under no circumstances shall make available, provide, or give the item to another person. The student shall immediately report the loss or theft of any medication brought onto school campus. Violation of this regulation may subject the student to disciplinary action.
EXHIBIT
MEDICINES / ADMINISTERING
MEDICINES TO STUDENTS
REQUEST FOR GIVING MEDICINE AT SCHOOL
Consent for Administration of
Acetaminophen (Non-Aspirin)
Administration of Medication to Students
in the Absence of the School Nurse
In-Service Training Sheet for School Personnel
Giving Prescription Medications in the
Absence of the School Nurse
The referenced documents may be found on the page(s) immediately following this cover sheet.
Name __________________________________ Grade _______________
Teacher ________________________________ School _______________
Medication ____________________________________________________
Diagnosis/reason for giving _______________________________________
Time to be given ____________ a.m. Time to be given ____________ p.m.
Dates from _________________________ to ________________________
Prescription medication must be in the original container as prepared by a pharmacist and labeled, including the patient name, name of medication, dosage, and time to be given. An over-the-counter medication must be in the original packaging, with all directions, dosages, compound contents, and proportions clearly marked. Student misuse of medication being self-administered may result in seizure and disciplinary action.
______________________________________ ____________________
Parent's or Guardian's Signature Date
A signed physician's statement indicating the necessity must accompany any request for self-administration of medicine, whether it is prescription or over-the-counter medicine except in the case of medication for diagnosed anaphylaxis including auto-injectable epinephrine and breathing disorders requiring handheld inhaler devices. In these cases the student's name on the prescription label is sufficient for the physician's recommendation.
The focus of the counseling and guidance program in the District is on the developmental needs of students.
Personnel involved in counseling will demonstrate respect for the dignity and worth of each individual, and encourage each student to develop individual responsibility and decision-making skills. Personnel involved in counseling coordinate the school guidance program and involve all staff members in designing and implementing plans to meet three (3) major goals:
● A. Educational development. Students may participate in planning their education.
● B. Personal/social development. Students will develop appropriate behaviors for a variety of social settings. Students will develop awareness of self and confidence in their own abilities in order to enhance their their career options and development.
● C. Career development. Students will develop career options consistent with their interests, abilities, and values.
Adopted: date of
manualManual adoption
Psychological services, including testing, are available to students through the public schools. Initial referrals for psychological evaluations may come from certificated staff members or parents, or from the student.
Prior written or oral consent of a parent or the legal guardian of a minor child must be obtained in the manner and as required by A.R.S. 36-2272 to procure, solicit to perform, arrange for the performance of or perform mental health screening in a nonclinical setting or mental health treatment on a minor. Eligible student (age eighteen [18] years and beyond) authorization must be obtained prior to the referral or performance of a mental health screening or mental health treatment as described above, except as otherwise provided by law or a court order. These restrictions do not apply when an emergency exists that requires a person to perform mental health screening or provide mental health treatment to prevent serious injury to or save the life of a minor child.
A school psychologist may shall administer preliminary tests to determine the need for psychological evaluations.
Referrals to outside agencies shall be made only with parental or eligible student authorization, except as otherwise provided by law or a court order.
Adopted: April 23, 2013date of Manual adoption
LEGAL REF.:
A.R.S.
36-2272
REGULATION
STUDENT PHOTOGRAPHS
School pictures may be taken for individual or school purposes.
The selection of a school picture photographer shall be considered annually by the Board. Specifications for photographic products and services must be drafted to serve as a standard for proposals that shall be solicited from qualified studios or individuals. Proposals shall be solicited from qualified persons. Proposals shall be evaluated according to the following criteria:
A. Ability to provide required services in a timely manner.
B. Quality of service and products.
C. Reliability of contractor.
D. Contractor experience and reputation.
E. Lowest cost to students.
The Superintendent shall recommend a school photographer to the Board.
Procedures for collection of funds for school pictures shall be approved by the principal.
If an agreement or arrangement for school photography requires the students to prepay for their pictures, the photography company must provide a copy of their current commercial performance bond in an amount at least as great as the cumulative gross total amount of money to be collected from the students.
REGULATION
SCHOOL COUNSELORS AND
PSYCHOLOGISTS
(Psychological Reports)
Psychological reports or case study evaluations are confidential. Such information will be kept locked in the appropriate records location when not in use by authorized personnel.
Teachers may review a student's file under the cognizance of an administrator.
Psychological reports shall not be taken from the office of the department responsible for the preservation of records.
Restraint and seclusion are not to be used as disciplinary consequences.
A school may permit the use of restraint or seclusion techniques on any pupil if both of the following apply:
A. The pupil's behavior presents an imminent danger of bodily harm to the pupil or others.
B. Less restrictive interventions appear insufficient to mitigate the imminent danger of bodily harm.
If a restraint or seclusion technique is used on a pupil:
A. School personnel shall maintain continuous visual observation and monitoring of the pupil while the restraint or seclusion technique is in use.
B. The restraint or seclusion technique shall end when the pupil's behavior no longer presents an imminent danger to the pupil or others.
C. The restraint or seclusion technique shall be used only by school personnel who are trained in the safe and effective use of restraint and seclusion techniques unless an emergency situation does not allow sufficient time to summon trained personnel.
D. The restraint technique employed may not impede the pupil's ability to breathe.
E. The restraint technique may not be out of proportion to the pupil's age or physical condition.
Schools may establish policies and procedures for the use of restraint or seclusion techniques in a school safety or crisis intervention plan if the plan is not specific to any individual pupil.
Schools shall establish reporting and documentation procedures to be followed when a restraint or seclusion technique has been used on a pupil. The procedures shall include the following requirements:
A. School personnel shall provide the pupil's parent or guardian with written or oral notice on the same day that the incident occurred, unless circumstances prevent same-day notification. If the notice is not provided on the same day of the incident, notice shall be given within twenty-four (24) hours after the incident.
B. Within a reasonable time following the incident, school personnel shall provide the pupil's parent or guardian with written documentation that includes information about any persons, locations or activities that may have triggered the behavior, if known, and specific information about the behavior and its precursors, the type of restraint or seclusion technique used and the duration of its use.
C. Schools shall review strategies used to address a pupil's dangerous behavior if there has been repeated use of restraint or seclusion techniques for the pupil during a school year. The review shall include a review of the incidents in which restraint or seclusion technique were used and an analysis of how future incidents may be avoided, including whether the pupil requires a functional behavioral assessment.
If a school district or charter school summons law enforcement instead of using a restraint or seclusion technique on a pupil, the school shall comply with the reporting, documentation and review procedures established under the paragraph above. School resource officers are authorized to respond to situations that present the imminent danger of bodily harm according to protocols established by their law enforcement agency.
Schools are not prohibited from adopting policies which include procedures for the reasonable use of physical force by certificated or support staff personnel in self-defense, defense of others and defense of property (A.R.S. 15-843, subsection b, paragraph 3.)
The District authorizes the use of these definitions which are included in A.R.S. 15-105:
A. "Restraint" means any method or device that immobilizes or reduces the ability of a pupil to move the pupil's torso, arms, legs or head freely, including physical force or mechanical devices. Restraint does not include any of the following:
1. Methods or devices implemented by trained school personnel or used by a pupil for the specific and approved therapeutic or safety purposes for which the method or device is designed and, if applicable, prescribed.
2. The temporary touching or holding of the hand, wrist, arm, shoulder or back for the purpose of inducing a pupil to comply with a reasonable request or to go to a safe location.
3. The brief holding of a pupil by one adult for the purpose of calming or comforting the pupil.
4. Physical force used to take a weapon away from a pupil or to separate and remove a pupil from another person when the pupil is engaged in a physical assault on another person.
B. "School" means a school district, a charter school, a public or private special education school that provides services to pupils placed by a public school, the Arizona State Schools for the Deaf and the Blind and a private school.
C. "Seclusion" means the involuntary confinement of a pupil alone in a room from which egress is prevented. Seclusion does not include the use of a voluntary behavior management technique, including a timeout location, as part of a pupil's education plan, individual safety plan, behavioral plan or individualized education program that involves the pupil's separation from a larger group for purposes of calming.
Adopted:
May 12, 2016date of Manual adoption
LEGAL REF.:
A.R.S.
13-403 et seq.
13-2911
15-105
15-341
15-342
15-841
15-842
15-843
15-844
CROSS REF.:
GBEB - Staff Conduct
JIC - Student Conduct
JK - Student Discipline
JKA - Corporal Punishment
JKD - Student Suspension
JKE - Expulsion of Students
EXHIBIT
RESTRAINT AND SECLUSION
RESTRAINT/SECLUSION DOCUMENTATION
This form must be completed when school personnel have used a restraint or seclusion technique with a student.
Referral to Law Enforcement: School personnel are required to comply with the reporting, documentation and review procedures required by A.R.S. 15-105 if the school district summoned law enforcement instead of using a restraint or seclusion technique on the student.
Applicable Definitions: For purposes of determining whether this form must be completed, the following definitions apply:
Restraint means any method or device that immobilizes or reduces the ability of a student to move the student's torso, arms, legs or head freely, including physical force or mechanical devices.
Restraint does not include any of the following;
1. Methods or devices implemented by trained school personnel or used by a student for the specific and approved therapeutic or safety purposes for which the method or device is designed and, if applicable, prescribed.
2. The temporary touching or holding of the hand, wrist, arm, shoulder or back for the purpose of inducing a student to comply with a reasonable request or to go to 'a safe location.
3. The brief holding of a student by one adult for the purpose of calming or comforting the student.
4. Physical force used to take a weapon away from a student or to separate and remove a student from another person when the student is engaged in a physical assault on another person.
Seclusion means the involuntary confinement of a student alone in a room from which egress is prevented.
Seclusion does not include the use of a voluntary behavior management technique, including a timeout location, as part of a student's education plan, individual safety plan, behavioral plan or individualized education program (IEP) that involves the student's separation from a larger group for purposes of calming.
Notification to Parents: Check the appropriate box.
◻ School personnel provided the student's parent/guardian with written or oral notice on the same day the incident occurred; or
◻ Circumstances Circumstances prevented same day notification to the student's parent/guardian of the incident. Notice will provided within twenty-four (24) hours after the incident.
Student: _____________________________________ Student ID: ______________
First Middle Last
Elementary Athletics
The purpose of the elementary school athletic program is to provide an opportunity for an extracurricular athletic experience for interested boys and girls in the upper elementary grades.
It is the aim of the elementary school athletic program that each individual student, through participation, grow in athletic skills and ability, develop a knowledge of and appreciation for sports, build respect for teamwork and its value, nurture a desire for self-improvement, and promote a sense of good sportsmanship.
The goal of the elementary program is to have every eligible student participate, and for all programs to provide each participant an equal amount of playing experience.
The goal of the middle school program is to have every eligible student participate, and for all programs to provide each student the opportunity to participate in a game situation.
District participation in athletics shall be subject to approval by the Board.
For each type of sport in which the student engages, the parents or guardian must give written consent.
It is recommended that each participant be determined by a physician to be physically fit for sports.
The Superintendent shall establish other rules for participation, such as those governing academic standing, in accordance with policies of the District.
Health and Safety of Participants
The health and safety of participants in interscholastic athletic activities must receive careful consideration. Participants must be provided access to drinking water at all times during practice sessions, games, or other interscholastic athletic activities.
The Superintendent shall require that regulations for health and safety of participants in elementary athletics be developed, implemented, and enforced. Such regulations may, at the discretion of the Superintendent, be incorporated into this policy as an administrative regulation.
Adopted: date of manual adoption
LEGAL REF.:
A.R.S.
15-341
EXHIBIT
RESTRAINT AND SECLUSION
RESTRAINT/SECLUSION DOCUMENTATION
Student: _____________________________________ Student ID: ______________
Grade: ______ Age: ________ DOB: ____________ School: ________________
Parent(s): _______________________________________________________________
Address: ________________________________________________________________
Phone: (w) __________________ (h) ___________________ (c) __________________
Date of Incident: __________________ Location Location: ______________________________
Month/Day/Year
School personnel were permitted to use the restraint or seclusion technique because both of the following applied (check boxes to confirm that both conditions were met):
◻ The student's behavior presented an imminent danger of bodily harm to the student or others;
◻ Less restrictive interventions appeared insufficient to mitigate the imminent danger of bodily harm.
Description of the student's behavior that presented an imminent danger of bodily harm to the student or others:
_______________________________________________________________________
_______________________________________________________________________
Description of the less restrictive interventions that appeared insufficient to mitigate the danger of imminent danger of bodily harm:
__________________________________________________________
_____________
__________________________________________________________
_____________
School personnel involved in the incident must check the boxes below and provide other information as needed. If a box is not checked "True," school personnel must explain why the particular condition was not met.
1. School School personnel maintained continuous visual observation and monitoring of the student while the restraint or seclusion technique was used. True ◻ Not True ◻
Personnel who observed and monitored the student:
_______________________________________________________
________________
_______________________________________________________
________________
2. The The restraint or seclusion ended when the student’s behavior no longer presented an imminent danger to the student or others. True ◻ Not True ◻
3. The The restraint or seclusion technique was used only by school personnel who are trained in the safe and effective use of restraint and seclusion techniques, unless an emergency situation did not allow sufficient time to summon trained personnel. True ◻ Not True ◻
4. If If an emergency existed that did not allow sufficient time to summon trained personnel, explain the emergency:
________________________________________________________________________
5. The The restraint technique used did not impede the student’s ability to breathe. True ◻ Not True ◻
6. The The restraint technique was not out of proportion to the student’s age or physical condition. True ◻ Not True ◻
Information (if known) about any persons, locations or activities that may have triggered the student's behavior:
__________________________________________________________
_____________
__________________________________________________________
_____________
Specific information about the behavior and its precursors:
__________________________________________________________
_____________
__________________________________________________________
_____________
Type of restraint or seclusion technique used:
__________________________________________________________
_____________
__________________________________________________________
_____________
Duration of restraint or seclusion technique used: ____________ minutes
A review meeting is needed: Yes Yes ◻ No No ◻ A A review meeting to review strategies used to address a student's dangerous behavior must be behavior must be scheduled if there has been repeated use of restraint or seclusion for the student during the school year. If If a review meeting is needed, it will be scheduled and separate documentation will be completed.
Person(s) Responsible for Completing Form:
_________________________________________________ Date: _______________
_________________________________________________ Date: _______________
REGULATION
INTRAMURAL PROGRAMS
(Elementary Athletics - Health
and Safety of Participants)
The building principal shall ensure that the following procedures are followed:
● Consult with coaches in all elementary athletics regarding access to drinking water for players in practice and games.
● Establish rules and operational guidelines to establish responsibility for the health and safety of athletes participating in the elementary athletic programs.
● In the event of an injury to an athlete, make referral to the school nurse, parent, family physician, or local emergency services as the situation dictates.
● Complete proper accident forms for injured participant.
● Establish procedures for coaches to communicate concerns regarding the safety of playing fields, gyms, other playing surfaces, or equipment to the building principal. Problems that cannot be resolved at the building level will be forwarded to the appropriate District official.
● Communicate with coaches and team members at the beginning of each sport season regarding rules and procedures of the athletic program.
EXHIBIT
RESTRAINT AND SECLUSION
RESTRAINT/SECLUSION DOCUMENTATION
(Same Day Oral/Written Notification to Parent/Guardian)
or within twenty-four (24) hours if
circumstances prevented same day notice
Date provided: _____/_____/_____ Time: ________: ___.m.
Method of Delivery:
◻ Oral
◻ Written
Hand-delivery (signature required) _________________________________
Mailed: ◻ 1st 1st Class Mail-Certificate of Mailing and/or or ◻ Certified Certified Mail-Return Receipt Requested
E-mailed using address: ______________________________; maintain proof of electronic delivery
Name of Parent/Guardian Receiving Notice: ___________________________________
Person Providing Notice: __________________________________________________
Confirmation that a copy of this completed documentation was provided to the Parent/Guardian (provided within a reasonable time following the incident):
Date provided: _____/_____/_____
Time: ________: ___.m.
Method of Delivery:
◻ Oral
◻ Written
Hand-delivery (signature required) _______________________
__________
Mailed: ◻ 1st Class Mail-Certificate of Mailing and/or ◻ Certified Mail-Return Receipt Requested
E-mailed using address: ______________________________; maintain proof of electronic delivery
Name of Parent/Guardian Receiving Notice:
_______________________
____________
Person Providing Notice:
______________________________________
____________
EXHIBIT
RESTRAINT AND SECLUSION
RESTRAINT/SECLUSION DOCUMENTATION
(Review of Repeated Use of Restraint
or Seclusion Techniques)
A review meeting to review strategies used to address a student's dangerous behavior must be behavior must be scheduled if there has been repeated use of restraint or seclusion for the student during the school year, A.R.S. 15-105.
Student:
____________________________
_________Student ID:
___________
___
Grade:
____
__Age:
____
____DOB:
_________
___School:
_______________
_
Parent(s): __________________________________________________
_____________
Address: __________________________________________________
______________
Phone: (w) ______________
____(h) ______________
_____(c) ______________
____
Date of Incident: _______________
___ LocationLocation: ____________________
__________
Month/Day/Year
Review current and previous incidents in which physical restraint/seclusion techniques were used:
__________________________________________________________
_____________
__________________________________________________________
_____________
Review strategies used to address the student's dangerous behavior:
__________________________________________________________
_____________
__________________________________________________________
_____________
Analyze how future incidents may be avoided:
__________________________________________________________
_____________
__________________________________________________________
_____________
The Team recommends a Functional Behavioral Assessment: Yes Yes ◻ No No ◻
Name: ________________ ____ SignatureSignature: ________________ ________ Date: _______
Name: ________________ ____ SignatureSignature: ________________ ________ Date: _______
Name: ________________ ____ SignatureSignature: ________________ ________ DateDate: _______
Name: ________________ ____ SignatureSignature: ________________ ________ Date: _______
Name: ________________ ____ SignatureSignature: ________________ ________ Date: _______
If parent(s) did not attend the meeting, explain other methods to ensure parent participation and/or child as appropriate (e.g., conference call, videoconferencevideoconference, home visithome visit): _____________________________________________________________
Any school personnel or any other person who has responsibility for the care or treatment of a minor and who reasonably believes that a minor is or has been the victim of physical injury, abuse, child abuse, a reportable offense or neglect that appears to have been inflicted upon the minor by other than accidental means or that is not explained by the available medical history as being accidental in nature or who reasonably believes there has been a denial or deprivation of necessary medical treatment or surgical care or nourishment with the intent to cause or allow the death of an infant who is protected under A.R.S. 36-2281 shall immediately report or cause reports to be made of such information to a peace officer or to the Department of Child Safety (DCS) of the Department of Economic Security, except if the report concerns a person who does not have care, custody, or control of the minor, the report shall be made to a peace officer only. Such reports shall be made immediately either electronically or by telephone.
The Arizona Department of Economic Security, Division of Children, Youth and Families, has determined that all mandated reporters may now electronically submit non-emergency reports via a secure online reporting website. Non-emergency reports are those in which a child is not at immediate risk of abuse or neglect that could result in serious harm. Mandated reporters will be able to submit non-emergency reports twenty-four (24) hours a day without wait times.
All reports made via the online website will require the person making the report (reporting source) to provide contact information. A representative from the Child Abuse Hotline may contact the source for additional information, if necessary. This process will make it more convenient to meet the mandated reporting requirements and help ensure child safety.
All emergency situations where a child faces an immediate risk of abuse or neglect that could result in serious harm must still be reported by calling 911 or 1-888-SOS-CHILD (1-888-767-2445). If a reporting source is unsure as to whether or not the report is an emergency situation, the reporting source should call the Child Abuse Hotline to make a report.
Any concerns for the safety of a child due to abuse, neglect or abandonment, must be reported, by:
Calling Calling 1-888-SOS-CHILD (1-888-767-2445),
TDD TDD: 602-530-1831 (1-800-530-1831), or
Submitting Submitting non-emergency concerns via the Online Reporting Service
for for Mandated Reporters at https://www.azdes.gov/dcyf/cps/
mandated mandated_reporters/ (effective November 2013).
Pursuant to A.R.S. 13-3620, such reports shall contain, if known:
● The A. The names and addresses of the minor, the parents, or the person or persons having custody of such minor, if if known.
● The B. The minor's age and the nature and extent of the minor's abuse, child abuse, or physical injuries or neglect, including including any evidence of previous abuse, child abuse, physical injury or neglect.
● Any C. Any other information that such person believes might be helpful in establishing the cause of the abuse, child abusechild abuse, physical injury or neglect.
A person who furnishes a report, information, or records required or authorized under Arizona Revised Statutes or a person who participates in a judicial or administrative proceeding or investigation resulting from a report, information or records required or authorized under Arizona Revised Statutes is immune from any civil or criminal liability by reason of that action unless such person has acted with malice or unless such person has been charged with or is suspected of abusing or neglecting the child or children in question.
A report is not required under A.R.S. 13-3620 for conduct prescribed by A.R.S. 13-1404 and 13-1405 if the conduct involves only minors who are fourteen (14), fifteen (15), sixteen (16) or seventeen (17) years of age and there is nothing to indicate that the conduct is other than consensual.
A report is not required if a minor is of elementary school age, the physical injury occurs accidentally in the course of typical playground activity during a school day, occurs on the premises of the school that the minor attends and is reported to the legal parent or guardian of the minor and the school maintains a written record of the incident. The school will maintain a written record of the physical injury as part of the student's health file as required by Arizona State Library, Archives and Public Records (ASLAPR).
A person who fails to report abuse as provided in A.R.S. 13-3620 is guilty of a class 1 misdemeanor, except if the failure to report involves a reportable offense, the person is guilty of a class 6 felony.
Any certificated person or Governing Board member who reasonably suspects or receives a reasonable allegation that a person certificated by the Department of Education has engaged in conduct involving minors that would be subject to the reporting requirements of A.R.S. 13-3620 shall report or cause reports to be made to the Department of Education in writing as soon as is reasonably practicable but not later than three (3) business days after the person first suspects or receives an allegation of the conduct.
Adopted: August 29, 2014Any school employee who has orally reported to DCS or a peace officer a reasonable belief of an offense to a minor must provide written notification to the principal of the oral report not later than the next workday following the making of the report.
Adopted: date of Manual adoption
LEGAL REF.:
A.R.S.
8-201
13-1404 et seq.
13-1410
13-3019
13-3212
13-3506
13-3506.01
13-3552
13-3553
13-3608
13-3619
13-3620
13-3623
15-514
46-451
46-454
CROSS REF.:
GBEB - Staff Conduct
GBEBB - Staff Conduct With Students
JKA - Corporal Punishment
REGULATION
REPORTING CHILD ABUSE /
CHILD PROTECTION
Abuse means the infliction or allowing of physical injury, impairment of bodily function, or disfigurement, or the infliction of or allowing another person to cause serious emotional damage as evidenced by severe anxiety, depression, withdrawal, or untoward aggressive behavior, and which emotional damage is diagnosed by a medical doctor or psychologist pursuant to A.R.S. 8-821, and which is caused by the acts or omissions of an individual having care, custody, and control of a child. Abuse shall include inflicting or allowing sexual abuse pursuant to A.R.S. 13-1404, sexual conduct with a minor pursuant to A.R.S. 13-1405, sexual assault pursuant to A.R.S. 13-1406, molestation of a child pursuant to A.R.S. 13-1410, commercial sexual exploitation of a minor pursuant to A.R.S. 13-3552, sexual exploitation of a minor pursuant to A.R.S. 13-3553, incest pursuant to A.R.S. 13-3608, or child prostitution pursuant to A.R.S. 13-3212.
Child, youth, or juvenile means an individual who is under the age of eighteen (18) years.
Abuses classified by statute as "reportable offenses" are:
● IndecentA. Indecent exposure [A.R.S. 13-1402]
● PublicB. Public sexual indecency to a minor [A.R.S. 13-1403]
● SexualC. Sexual abuse [A.R.S. 13-1404]
● SexualD. Sexual conduct with a minor [A.R.S. 13-1405]
● SexualE. Sexual assault [A.R.S. 13-1406]
● MolestationF. Molestation of a child [A.R.S. 13-1410]
● FurnishingG. Furnishing items that are harmful to a minor via the Internet [A.R.S. 13-3506.01]
● SurreptitiousH. Surreptitious photographing, videotaping, filming, or digitally recording or viewing of a minor [A.R.S. 13-3019]
● IncestI. Incest [A.R.S. 13-3608]
● ChildJ. Child prostitution [A.R.S. 13-3212]
● CommercialK. Commercial sexual exploitation of a minor [A.R.S. 13-3552]
● SexualL. Sexual exploitation of a minor (concerning visual depiction of a minor engaged in exploitive exhibition
or otheror other sexual conduct) [A.R.S. 13-3553]
● LuringM. Luring a minor for sexual exploitation [A.R.S. 13-3554]
● AdmittingN. Admitting a minor to public displays of sexual conduct [A.R.S. 13-3558]
REGULATION
EXTRACURRICULAR ACTIVITY
ELIGIBILITY
Administrative Procedure
Definition of extracurricular activities:
● Extracurricular activities are endeavors in grades seven (7) through twelve (12) for which no credit is earned in meeting graduation or promotional requirements that are organized, planned, or sponsored consistent with District policy.
List of extracurricular activities:
● A.I.A.-sanctioned activities:
■ Interscholastic athletics.
■ Chess.
■ Speech and theater (forensics).
■ Music:
⇒ Music students will be required to be eligible and have an eligibility check prior to participation in events for which participation is optional and not part of the class work (for which no grade is given toward class credit).
⇒ Solo and ensemble festivals (both high school and middle school): all-star, all-regional, and all-state festivals, including band, orchestra, chorus, jazz, and vocal jazz.
⇒ Combined high school musical.
● District-approved activities:
■ Seventh- and eighth-grade intramural athletics.
■ Cheerleaders.
■ Pom pon.
■ Spirit line.
■ Flag girls.
■ National Honor Society.
■ Student Council.
■ Academic decathlon.
■ High school intramural programs.
■ Combined musical.
■ Seventh- and eighth-grade music (solo and ensemble festivals and all-star).
Grade checks:
● The office will provide teachers with a list of students involved in activities the week prior to the scheduled grading eligibility interval. The teacher will identify the students who are failing their class and return the list to the building activity coordinator. The building administrator will compile a list of failing students and return lists to all coaches/sponsors involved. The coach/sponsor will notify the students and parent(s)/guardian(s). The administration will notify the students and parent(s)/guardian(s) in a follow-up written memo. Students will then be referred to the proper available remedial resources for help.
● Students will be ineligible for the entire three-week grading interval, or until the deficiency is removed, beginning on Monday of the interval. Students will be allowed to attend practice or rehearsals, but will not participate in any way at the actual games, performances, or activities during that grading interval.
EXHIBIT
REPORTING CHILD ABUSE /
CHILD PROTECTION
REQUEST FOR INTERVIEW AT SCHOOL
(CSO-1021A)
__________________________________________
Date
__________________________________________
Name of School
__________________________________________
Address (No., Street, Ste. No., City, State, ZIP)
RE: _____________________________________________________________
(Child[ren] 's Name[s])
I am an investigator employed by the Arizona Department of Child Safety (DCS). DCS is mandated by law to investigate allegations of child abuse and neglect. [Title 8, Chapter 4 of the Arizona Revised Statutes (A.R.S.)] As part of my investigation, I need to speak with one or more children at this school. Please provide me with immediate access to the above-named child(ren).
I am authorized by A.R.S. § 8-802(B), A.R.S. 8-471(E)(3), and A.A.C. R6-5-5508(C) to interview a child without notice to or consent of the parent, guardian or custodian. See Arizona Attorney General Opinions (AG Opinions) I75-219, I75-234, I88-062, I04-003. Do not contact, directly or indirectly, the parents, guardians or custodians of the above-named child(ren) unless specifically requested or authorized by me, the assigned DCS investigator.
Because of the sensitive and confidential nature of a DCS investigation, school personnel and others are not permitted to be present during the interview(s) of the child(ren) nor can they be informed of what was discussed. See A.R.S. § 8-807, AG Opinion I98-008.
If at any time I determine, pursuant to A.R.S. § § 8-821, that temporary custody is clearly necessary to protect the child(ren) from abuse or neglect, I will provide you with a Notice of Removal (PS-058) and provide the parents, guardians, or custodians a Temporary Custody Notice (CPS-1000A) in accordance with A.R.S. § § 8-823.
Under state and federal law, any information you have or may obtain during this investigation is confidential, including this form and the fact that the above-named child(ren) have been contacted regarding allegations of abuse or neglect. DO NOT disseminate this information to any person unless specifically authorized by applicable law or court order.
Thank you for your cooperation.
| CPS Specialist |
|
|
EOE/ADA/LEP/GINA Disclosures
Equal Opportunity Employer/Program • Under Titles VI and VII of the Civil Rights Act of 1964 (Title VI & VII), and the Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and Title II of the Genetic Information Nondiscrimination Act (GINA) of 2008; the Department prohibits discrimination in admissions, programs, services, activities, or employment based on race, color, religion, sex, national origin, age, disability, genetics and retaliation. The Department must make a reasonable accommodation to allow a person with a disability to take part in a program, service or activity. For example, this means if necessary, the Department must provide sign language interpreters for people who are deaf, a wheelchair accessible location, or enlarged print materials. It also means that the Department will take any other reasonable action that allows you to take part in and understand a program or activity, including making reasonable changes to an activity. If you believe that you will not be able to understand or take part in a program or activity because of your disability, please let us know of your disability needs in advance if at all possible. To request this document in alternative format or for further information about this policy, contact your local office; TTY/TDD Services: 7-1-1. • Free language assistance for DES services is available upon request.
Following proper notification, the records of each missing child will be flagged with a red sticker in the upper-right-hand corner of the cumulative folder. When records are requested for missing children, the local law enforcement agency will be notified and no records will be sent.
The parent or surrogate of each new enrollee in the
Schoolschool, except homeless students, will be asked to produce one (1) of the following proofs:
●A. A certified copy of the child's birth certificate.
● OtherB. Other reliable proof of the student's identity and age, including the student's baptismal certificate,
an applicationan application for a Social Security number, or original school registration
records and an affidavit explaining the inabilityrecords and an affidavit explaining the inability to provide a copy of the birth certificate.
● AC. A letter from the authorized representative of an agency having custody of the student (pursuant to statute)
certifyingcertifying that the student has been placed in the custody of the agency as prescribed by law.
The parent or surrogate will be given thirty (30) days to provide documentation requested as listed above. If documentation is not provided, a second (2nd) letter will be sent to notify the parent or guardian that unless the documentation is provided within ten (10) days, the local law enforcement agency will be notified.
Nothing contained in this policy shall authorize the
Schoolschool to disclose to any person a student's educational record without prior parental consent unless the
Schoolschool makes a determination that disclosure of such records is necessary to protect the health and safety of the student.
Within five (5) days after enrolling a transfer student from a public school or from a private school, the
Schoolschool will request, directly from the previous school, a certified copy of the student's record. When records are requested by another school, within
fiveten (
510) days the
Schoolschool will comply with the request unless the record has been flagged pursuant to A.R.S. 15-829
oror the request does not conform to the requirements related to proper release of records by an emancipated student or a parent or guardian.
For purposes of this policy:
● FlagA. Flag means to mark or identify as pertaining to a missing child, or an indication identifying an item
as pertainingas pertaining to a missing child.
●B. Missing
childchild means a person who is under the age of eighteen (18) years, whose temporary or
permanent residencepermanent residence is in this state or is believed to be in this state, whose location has not been determined, and
who haswho has been reported as missing to a law enforcement agency.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
13-3620
15-824
15-828
15-829
32-1472
42 U.S.C. 11301, McKinney-Vento Homeless Assistance Act of 2001,
as amended by the Every Student Succeeds Act (ESSA) of 2015
CROSS REF.:
JF - Student Admissions
JFAB - Admission of Nonresident Students
JR - Student Records
JRCA - Request for Transfer of Records
Teachers will be responsible for their classes at all times. At no time are students to be left unsupervised. Students are not to be sent on errands from the school premises.
Teachers have the authority to prohibit the use of and/or to confiscate any article that is a hazard to a student or that may damage school property. In the case of an emergency, the teacher will seek help from the principal.
Every student, teacher, and visitor shall wear appropriate protective eyewear while participating in or when observing vocational, technical, industrial arts, art, or laboratory science activities involving exposure to items as listed in A.R.S. 15-151.
The Superintendent will establish procedures covering the duty hours of crossing guards, the use of bicycles to and from school and while they are at school, and the conduct of students going to and from school. In addition, school buildings, playgrounds, and equipment will be regularly inspected for health, fire, and safety hazards.
Adopted: date of
manualManual adoption
REGULATION
STUDENT DISCIPLINE
(Behavior Management and Discipline
of Students With Disabilities)
Practices and procedures for the behavior management and discipline of special needs students shall be determined and applied in accord with the following standards:
Behavior Management and Discipline
of Special Needs Students
Each school shall implement positive, evidence-based, safe, and timely plans and procedures for all special needs students including those who exhibit behaviors that interfere with learning or who place themselves or others in danger. Administration, staff, parents and students are to be engaged in the development of the plans. The purpose of the plan is to identify practices that are agreed upon and complied with and reinforced by members of the school community, including the Governing Board. An objective of the plan is to provide consistency in the manner in which deviations from appropriate behavior are addressed. The plans are to be submitted to the Superintendent.
● Plans are to be:
■ Proactive: Students are to be taught the critical social skills needed for success. Positive behavioral interventions and supports enable the school to set clear expectations for behavior, to acknowledge and reward appropriate behavior, and to implement a consistent continuum of consequences for challenging behavior.
■ Comprehensive: Positive behavioral interventions and supports are to be employed uniformly throughout the school, including non-instructional areas such as the cafeteria, hallways, and buses. School personnel are to be trained in positive behavioral interventions and supports, in data reporting, and receive support in implementation of the practices. School personnel are to be trained in areas of crisis intervention such as use of restraints and seclusion.
■ Data driven: The school is to rely on data for the development and modification of its positive behavioral interventions and supports approach. The data is to be tracked through office referrals as well as from classroom reports, school-based intervention teams, and crisis intervention documentation. Positive behavioral interventions and support teams are to use the data to design specific interventions to prevent challenging behaviors before they occur and to confirm the effectiveness of interventions.
● Plans are to ensure that parents of students enrolled in the school have comprehensive information regarding behavioral expectations within the school and the planned responses should the expectations not be met. Parents are to:
■ have ready access to the school plan, and
■ be informed how to provide input into the plan.
Response to Intervention
The plans are to provide for and the school is to have in place a multi-level approach to teaching students appropriate behaviors that provide progressively intense support for students according to need.
● Interventions shall be consistent with plans for creating and maintaining a positive school climate.
● Provide for small group direct instruction on a regular basis to those students who are experiencing difficulty understanding or abiding by the established standards of behavior. Supports should include such strategies as increased and targeted social skills training, increased monitoring and reinforcement systems, self-management techniques, and family mentoring and involvement programs.
● Provide a range of individualized interventions designed to address the specific behaviors continuing to cause the student difficulty. These may include counseling, more intense direct instruction, behavioral contracts, specific behavioral consequences, alternative educational programming, consideration for a referral for an evaluation for special education, and other strategies agreed upon with the parents. A functional behavioral assessment (FBA) and a behavior intervention plan (BIP) may be included and shall be required for students with disabilities when a manifestation determination is necessary.
■ The FBA must identify the triggers for the challenging behavior and what subsequent responses by staff or other students reinforce the continuation of the challenging behavior.
■ The BIP should be developed from a functional behavioral assessment and prescribe methods the staff will use to prevent, manage, replace, and monitor changes to the behavior. The BIP must be based on evidence-based practices and support the goal of making the challenging behavior irrelevant, ineffective and inefficient. The BIP must be implemented with integrity by staff trained to do so.
■ Each school building shall designate a team of personnel trained in best practice or crisis management.
Crisis Management
Crisis management in the context of behavior management is defined as the methods used by school personnel to respond to imminent danger to the student, other students or staff. The two (2) most commonly used methods of crisis management are restraint (either physical or mechanical) or seclusion of the student.
● Use of seclusion. Seclusion for the purpose of the plan is the confinement of a student alone in any space from which the student is physically prevented from leaving.
Seclusion does not mean (a) time out when it is used for a limited or specified time, as a behavior management technique during which the student is placed in an environment where access to positive reinforcement is unavailable and the student's movement in not physically restricted, and (b) student self-imposed voluntary isolation or time out for the purpose of calming him/herself and the student is monitored by a staff member.
■ The use of seclusion is to be used only in an emergency to protect persons from imminent, serious physical harm.
■ Any area used for seclusion must be free of objects that could cause harm, must provide for adequate visual and audio supervision of the student, must provide adequate lighting and ventilation, and must not be locked.
■ Any area used for seclusion must comply with the State Fire Code.
■ School personnel must continuously and visually observe the student at all times during the seclusion period and reassess the child every thirty (30) minutes. When seclusion continues beyond the second assessment, an administrator or the administrator's designee must review and approve continued seclusion.
■ School personnel designated to provide visual contact with the student shall be required to document the name of the staff member responsible for the student while in seclusion, the time in and time out of seclusion, and the staff member's signature on the form.
■ The student must be released from seclusion as soon as the student regains self-control.
■ If seclusion is necessary, parents and administrators must be notified within the same school day and a written notice that includes the circumstances that preceded the behavior, the behavior, the length of time the student was secluded, the location of the seclusion, and the person who observed the student during the seclusion must follow. When a student has been in seclusion for longer than one (1) hour, parent contact must be initiated immediately.
■ A debriefing with affected staff, parents, and, if appropriate, the student shall be conducted within forty-eight (48) hours. During the debriefing, a determination must be made regarding the need for a functional behavior assessment (FBA).
■ Each incident must be recorded in the student management system.
■ A student who has required crisis management by the school staff more than three (3) times in a semester must have a functional behavior assessment (FBA) and, if appropriate, a behavior intervention plan (BIP) within a reasonable time following the third (3rd) incident.
■ The District and the school must have a strategy in place to support teams in modifying a FBA and BIP when the existing plan is ineffective (e.g., continued instances of the need for crisis intervention).
● Prohibited uses of seclusion:
■ Seclusion is not to be used as punishment for violations of school rules, for repetitive behaviors, or because of teacher anger toward the student.
■ Seclusion is not to be harsh, severe, or out of proportion with the behavior exhibited and the age and physical condition of the student.
■ Seclusion is not to be used to prohibit reasonable access for the care of the student's bodily needs.
■ Seclusion must not deny a free, appropriate public education to students with disabilities through excessive or extensive use.
■ The use of seclusion is not to be limited, by policy or practice, to students with disabilities.
● Use of physical and mechanical restraints: For the purposes of this regulation physical restraint is defined as the application of physical force by one (1) or more individuals that prevents or significantly restricts a student's movement. Restraint is a last resort emergency safety intervention.
For the purposes of this regulation mechanical restraint is defined as the restriction of movement by devices such as straps, duct tape, cords, or garments. Not to be included in this definition are:
Restraints used in schools for the purpose of providing support to students' orthopedic and assistive technology needs in order to permit them to learn and participate in school activities as identified in an individualized education program (IEP).
Restraints, such as weighted vests or blankets, identified by an IEP team as appropriate for a student to enhance participation in learning activities.
Vehicle safety restraints used in accordance with state and federal regulations.
Restraints employed by law enforcement officers in school settings that are used in accord with their policies and appropriate professional standards. These instances are subject to the same reporting requirements by the school as restraints used by school personnel.
■ Physical restraint is to be a last resort emergency safety measure used only in an emergency situation when a student is imminently dangerous to him/herself or others. Instances where reasonable and appropriate restraint may be used include, but are not limited to:
⇒ Breaking up a fight;
⇒ Taking a weapon away from a student;
⇒ Momentarily holding a student in order to prevent an impulsive behavior that threatens the student's safety, the safety of others, or the destruction of property when there is imminent danger to self and others.
■ Personnel using the restraint must take extreme care to provide for the safety and comfort of the student during the restraint procedure.
■ Personnel authorized to use restraints must have been extensively and repeatedly trained by personnel who have maintained approval by a training program to provide training in:
⇒ Alternatives to restraint (e.g., de-escalation strategies, and problem- solving techniques);
⇒ The proper use of the restraint; and
⇒ Safety precautions and procedures for continuous monitoring of a student by a third party during restraint.
■ The student must be released from the restraint as soon as the student regains self- control.
■ Parents and administrators must be notified as soon as possible within the same school day, followed by a written notice stating the circumstances that preceded the behavior, the behavior, the length of time the student was restrained, the location of the restraint and the person(s) who observed the student during the restraint.
■ A debriefing with affected staff shall be conducted within forty-eight (48) hours.
■ An incident report of the event must be recorded in the student management system.
■ A student who has required crisis management on the part of the school staff more than three (3) times in a semester must have a functional behavioral assessment (FBA) and, if appropriate, a behavior intervention plan (BIP) developed within a reasonable time following the third (3rd) critical incident.
■ The District and the school must have a strategy to support teams in modifying a FBA and BIP when the existing plan is ineffective (e.g., continued instances of the need for crisis intervention).
● Prohibited uses of physical and mechanical restraints:
■ Physical and mechanical restraints, such as prone restraint, that places excess pressure on the chest or back or impedes the ability to breathe or communicate are prohibited.
■ The use of mechanical restraint by a staff member who has not been trained in the use of restraints is prohibited except when the case is one presenting extreme danger to the student or to others, and:
⇒ The restraint is not out of proportion to the danger, the age, and the physical condition of the student;
⇒ The restraint is not used to prohibit reasonable access for the care of the student's bodily needs.
■ Restraints that provide support to a student's orthopedic needs shall not used as a means of punishment for noncompliant behaviors.
■ No policy or practice shall limit the use of restraints to students with disabilities.
● Training in uses of seclusion and restraint procedures:
■ The District will provide two (2) levels of training:
⇒ Level 1 (provided to all staff annually) to define the elements of the policy and responsibilities of staff:
♦ The training of personnel must be recurrent with annual updates appropriate to the type of school setting, to the age and developmental level of students. The training must include information about commonly accepted standards for the use of seclusion and restraint in the school setting.
♦ The training must include content and skill development on the use of positive, instructional, and preventive methods for addressing student behavior.
♦ The training must include the requirements for reporting to parents and administration.
⇒ Level 1 (provided to identified staff) which includes Level 1 training with the addition of specific crisis management training, including the appropriate use of restraint and seclusion:
♦ Personnel who use seclusion and restraints procedures must have training in conflict prevention, crisis de-escalation, possible effects of seclusion, and any local or state regulations regarding the seclusion space and its use.
♦ The training must include information about the effects of medications students may be receiving and how seclusion and restraint procedures might affect the physical well being of the student during seclusion or restraint.
♦ The training must include multiple methods for monitoring a student's well-being during a restraint.
■ All members of the school's crisis management team must be trained and have certification in First Aid and cardiopulmonary resuscitation (CPR).
● Corporal punishment: For the purposes of this regulation corporal punishment is defined as the deliberate infliction of pain intended to discipline or reform a person's bad attitude and/or behavior.
■ Corporal punishment is prohibited.
When students are in school, engaging in school-sponsored activities, or traveling to and from school on school buses, they are responsible to the school and the school is responsible for themare expected to obey all school rules. The District is required to provide reasonable supervision over all students engaged in school-sponsored activities.
Supervision shall include being within the physical presence and, whenever possible, within a line of vision of the students so that school personnel will have a reasonable opportunity to control the behavior of and assist the students if necessarywithin a reasonable proximity of the students. Teachers shall exercise supervision as appropriate from the commencement of the school day, before classes begin, during class sessions, during lunch periods, between classes, and at any other time when performing teaching or related duties on behalf of the school.
If it should be necessary in an emergency situation for a teacher to must leave the physical presence of proximity of the students, then the teacher shall make a reasonable good faith effort to obtain a school employee to supervise the students during the teacher's absence. In no case shall the teacher leave students unsupervised if there is a reasonable possibility that harm to students or property will result from the students being left unattended.
School administrators, teachers, and other staff members will ensure that anyone who wishes to contact a student during the school day is doing so for proper reasons.
Teacher Supervision and Discipline
of Students [A.R.S. 15-521(4)]
Each staff member is responsible for the enforcement of District policies, rules, and regulations. Every effort should be made to assure proper student conduct both in and out of the classroom or on school grounds and to prevent destruction of school property. Each staff member shall cooperate, as directed by the building principal, in the distribution and communication to students of rules and procedures pertaining to discipline, suspension, and expulsion of students.
Each staff member is responsible for maintaining control of students assigned to his classroom. Well-planned, interesting, and challenging lessons should assist in keeping classroom discipline problems at a minimum. Teachers are encouraged to seek assistance from District supervisory personnel and their principal whenever deemed necessary and should not allow major problems to develop before seeking such assistance.
Staff members do not have the authority to permanently exclude a student from class. Only the Board has the legal authority to expel students.
A teacher may refer a student from his class to the principal when the persistence of misbehavior or the disruptive effect of violations make the continued presence of the student unacceptable. Under such circumstances, a teacher may refuse to readmit a student in accordance with A.R.S. 15-841 and in accordance with Policy JG, and procedures outlined in JG-R.
Teachers reporting incidents of student misbehavior shall be notified by the building principal or his designee as to the disposition of such student infringement.
Should it be proved that a staff member has not been negligent in the performance of assigned or contracted duties, the Board shall provide legal assistance and indemnification should litigation be initiated against the staff member while in the discharge of such duties. Time lost by a staff member under such circumstances shall not be charged against his salary or any accumulated leave benefits, but shall be borne by the District.
Adopted: date of
manualManual adoption
No student will be removed from the school grounds, from any school building, or from any school function during school hours except by a person authorized to do so by the student's parent or by a person who has legal custody of the student, except as A.R.S. 8-303, 8-304, and 8-802 shall apply. Before a student is removed, the person seeking to remove the student must present, to the satisfaction of the Superintendent, evidence of proper authority to remove the student. If any police or court official requests the dismissal of a student during school hours, parents should be notified as soon as possible.
For purposes of the Arizona Medical Marijuana Act, no person may be denied custody of or visitation or parenting time with a minor, and there is no presumption of neglect or child endangerment for conduct allowed under the Act, unless the person's behavior creates an unreasonable danger to the safety of the minor as established by clear and convincing evidence.
Adopted: April 9, 2013date of Manual adoption
LEGAL REF.:
A.R.S.
8-303
8-304
8-802
13-1302
36-2813
CROSS REF.:
JIH - Student Interrogations, Searches, and Arrests
REGULATION
STUDENT DISMISSAL PRECAUTIONS
(Student Release Requirements)
At the time of school admission, the principal must complete the student's permanent record form, which will identify the student's legal name and the name, address, and telephone number of the student's lawful custodian(s).
Before releasing a student during the school day, the principal shall be responsible for the verification of the identity of any lawful custodian or any representative seeking release of a student.
If a lawful custodian, as indicated on the student's permanent record, is not recognized by sight, the principal shall require satisfactory identification before such release. If there is a doubt, release may not be granted.
In the case of a written or verbal authorization by a lawful custodian of record, the principal shall require satisfactory verification of the message as being from the lawful custodian of record. If there is a doubt, release may not be granted.
If an unauthorized person refuses to honor the decision of the principal, the principal shall call the local police authority.
If, in the granting of a release of a student, a change in the record of the student's lawful custodian(s) becomes apparent and is verified to the satisfaction of the principal, such change shall immediately be entered on the student's permanent record.
If any police or court official requests the release of a student during school hours, parents should be notified as soon as possible.
REGULATION
STUDENT DISCIPLINE
(Behavior Management and Discipline
of Students with Special Needs/Disabilities)
REMOVED PER PA 549 - APRIL 2016
Regulation JK-RB has been deleted in its entirety. This regulation was added by PA 371, February 2010, in response to the Task Force on Best Practices in Special Education and Behavior Management. It was suggested by the Task Force but is not required by compliance and has been superseded by changes in statute.
PA 371 included options for each district to select choices to comply with the legislative directive for district response to the Task Force recommendations. Items were to be accepted or rejected in total, or retained/modified as determined on an item-by-item basis as necessary to accommodate the needs and circumstances of the school district.
The selection forms were to be completed by each district, submitted to ASBA Policy Services, and then replicated by ASBA in the district’s regulation.
Most districts adopted the selection forms in total without any modifications.
With the deletion of the selection forms and language specific to students with special needs/disabilities in JK-RB, districts now have the opportunity to review and modify the deleted items in order to discard the contents or, as recommended by Policy Services, to update and retain desired items in a handbook or another easily accessible source available to staff after being reviewed and approved by the district’s legal counsel.
The Superintendent shall establish procedures for registration, parking, and use of motorized vehicles and for searches for and seizures of illegal material contained therein. In the establishment of such procedures the Superintendent will be guided by the following:
● Students A. Students will not bring any motorized vehicles on any campus in the District other than the high school campusschool campus.
● All B. All students will register their vehicles.
● Registration C. Registration stickers must be displayed on all student vehicles.
● Vehicles D. Vehicles may be towed away at student expense for failure to follow policy and procedures related to motorized to motorized vehicles.
Adopted: date of
manualManual adoption
REGULATION
STUDENT AUTOMOBILE USE
AND PARKING
When operating a motor vehicle on campus or at a school event, a student shall follow all school and other traffic rules and shall operate the motor vehicle in a safe and prudent manner.
Registration
Students will register their vehicles if they intend to drive to school. The registration will require that the owner of the vehicle sign the forms and acknowledgments. Registration stickers will be affixed to the vehicles in a manner specified by the school administration. Students who fail to register their vehicles or who fail to follow school policy and procedures related to use of vehicles may have their vehicles towed away. Any expense related to such towing will be the responsibility of the student. Under the conditions set out in A.R.S. 28-4836, the authorizing school personnel will notify the law enforcement agency of the jurisdiction of the school within one (1) hour of the time the vehicle is moved or towed.
Automobile Searches
Students are permitted to park on school premises as a matter of privilege, not of right. The school retains authority to conduct routine patrols of student parking lots and inspections of the exteriors of student automobiles on school property. The interiors of student vehicles may be inspected whenever a school authority has reason to believe that illegal or unauthorized materials may be contained inside. Such patrols and inspections may be conducted without notice, without student consent, and without a search warrant.
Seizure of Illegal Materials
If a properly conducted search yields illegal or contraband materials, such findings shall be turned over to proper legal authorities for ultimate disposition.
EXHIBIT
STUDENT AUTOMOBILE USE
AND PARKING
ACKNOWLEDGMENT CONCERNING USE OF
STUDENT PARKING LOTS
I acknowledge and understand that:
● StudentsA. Students are permitted to park on school premises as a matter of privilege, not of right.
● TheB. The District retains authority to conduct routine patrols of student parking lots and inspections of the
exteriors ofexteriors of student automobiles on school property.
● TheC. The District may inspect the interiors of student automobiles whenever a school authority has
reasonable suspicionreasonable suspicion to believe that illegal or unauthorized materials are contained inside the automobiles.
● SuchD. Such patrols and inspections may be conducted without notice, without student consent, and without a
search warrantsearch warrant.
● AE. A student who fails to provide access to the interior of the car upon request by a school official will be
subject tosubject to school disciplinary action.
● IfF. If the student fails to follow school policy and procedure related to use of vehicles, the vehicle may be
towed awaytowed away and stored, at the owner's expense.
____________________________________________ __________________
Signature of the
Student Date
____________________________________________ __________________
Signature of the Parent/
Guardian Date
____________________________________________ __________________
Signature of the Vehicle
Owner Date
Vehicle license number: ________________________
The Board encourages the utilization of student volunteers in the educational program (e.g., student librarians, student office helpers, etc.et cetera) and in useful community services. However, student volunteers must be capable of carrying out the additional load without endangering their academic achievement. Therefore, all student volunteers shall be expected to maintain their grades, attend all classes, and recognize that the activity to which they are volunteering their services is secondary to their primary goal of getting an education.
Teachers and members of the community are encouraged to check with a student's teacher and the principal before a student is sought for volunteer help, to make sure that the additional responsibility can be undertaken without endangering the student's academic achievement.
Adopted: date of
manualManual adoption
The Board places a high value on education and strongly urges students to do likewise. All students, therefore, are encouraged to continue with their educational program until graduation from high school.
The Board is aware that many students, for various reasons, seek employment during the school year. These students are reminded that school work and activities must not be neglected, nor shall such employment conflict with the school schedule.
Adopted: date of
manualManual adoption
REGULATION
REMOVAL OF STUDENTS FROM
SCHOOL-SPONSORED ACTIVITIES
(Eligibility and Conduct Code for all Arizona
Interscholastic Regulated Activities)
The students of the District schools have a position of leadership and influence in their particular schools and in the community. They represent the school, the home, the community, and themselves each time they participate in an activity or contest. Therefore, the following will be uniformly applied in all A.I.A.-sponsored activities in all schools:
● Rules of eligibility:
■ The A.I.A. rules of eligibility pertaining to domicile, physical examination, and season of competition will prevail for all students.
■ Extracurricular activities definition: Extracurricular activities are endeavors in grades seven (7) through twelve (12) for which no credit is earned in meeting graduation or promotional requirements that are organized, planned, or sponsored consistent with District policy.
■ Eligibility to participate in extracurricular activities:
⇒ See Policy JJJ - Extracurricular Activity Eligibility.
⇒ Students will be notified in person, and the parent(s)/guardian(s) will be notified in writing, of the ineligibility. The students and parent(s)/guardian(s) will be made aware of the available resources for remedial studies.
⇒ Eligibility for each semester is based on passing five (5) classes the previous semester. During the season of competition, students must be passing all of their classes.
⇒ The students will be offered counseling and remedial help by using such resources as the National Honor Society tutorial program and the study sessions offered by coaches.
⇒ If a student drops a class with a W-5 during the semester, that constitutes ineligibility for the remainder of the semester.
● Students who quit an activity or are removed by a coach or sponsor for any reason of discipline must get the consent of both coaches or sponsors involved and building administration before they can participate in any other activity during that season or the following season.
● Attendance:
■ Unauthorized absences from a practice, game, or performance will be dealt with by the coach or sponsor.
■ No students will practice or participate in an activity if they are not in attendance at all classes the day of the activity. In the case of an unavoidable absence (except personal illness), the building administration may allow participation. Any Friday absence will affect Saturday participation.
■ In-house suspension constitutes missing the class.
● Training and Conduct:
■ The student participant will comply with the standards of health, safety, and appearance as established by the coach or sponsor and approved by the building principal at the beginning of each season of the activity.
■ The coach or sponsor shall inform participants, in written form, of the expectations of health, safety, and training in the particular activity. Upon approval by the building principal, a copy of the expectations will be filed with the building principal, building activities coordinator, and the District athletic director.
■ During the season of activity, all students will be asked to meet the following expectations:
⇒ Will not use or possess tobacco of any kind.
⇒ Will not use or possess alcohol of any kind.
⇒ Will not be involved in stealing or vandalism of school, community, or private property.
⇒ Will not consume, possess, buy, sell, or give away any narcotic or drug that is defined as illegal by law.
■ Any student guilty of using or possessing tobacco or alcohol may be suspended for the time as specified below, beginning with "first offense":
⇒ First offense: The student may be suspended from all practice and participation in all contests for a period of five (5) school days. The parent(s)/legal guardian(s) and the student must meet with the coach/sponsor and administration before being reinstated to the group.
⇒ Second offense: The student may be suspended from the group for the remainder of the season. Parent(s)/legal guardian(s) will be notified.
⇒ Third offense: The student may be suspended from participation in all activities for a period of one (1) calendar year.
■ Any student guilty of violating the proscriptions against stealing, vandalism, or the consumption, possession, purchase, sale, or giving away of any narcotic or drug that is defined as illegal by law may be suspended for the time as specified below:
⇒ First offense: The student may be suspended from the team for the remainder of the season. Parent(s)/legal guardian(s) will be notified.
⇒ Second offense: The student may be suspended from participation in all activities for a period of one (1) calendar year.
■ Minor offenses may be dealt with on an individual basis with the administrative prerogative in each building.
■ Minor vandalism may and should be treated as the same type of minor offense as first, second, or third offense of alcohol and tobacco. The student probably will be suspended for five (5) days or as appropriate for second and third offenses.
● The student will travel with the group to all contests. The student may be released to parent(s)/legal guardian(s) after the contest. The student can be released to any other adult only if the parents have requested it in writing to the building administration before the trip takes place. (Under no circumstances will a student be released to a minor.)
The building principal shall establish procedures for the dissemination and explanation to affected students and parent(s)/legal guardian(s).
Students shall be discouraged from collecting money, setting aside funds, or purchasing gifts for the school or for faculty members.
Gifts from groups of students to other student(s) shall be limited to small expressions of condolence, remembrance, or appreciation. Guidelines for such remembrances shall be established by the Superintendent.
Solicitations by or of students are to be governed by the following policies:
● StudentsA. Students shall not be solicited to purchase books or other merchandise, except for materials approved by
the Districtthe District for use in the classroom.
● SolicitationsB. Solicitations by students shall be limited to small contributions, i.e., expressions of condolence, remembrance,
oror appreciation. Guidelines for such solicitations shall be established by the Superintendent.
● NoC. No other solicitations shall be made by or of students during school hours or on school premises.
Adopted: date of
manualManual adoption
The Board recognizes the need for student fees to fund certain school activities that are not financed by local, state, or federal funds. It also recognizes that some students may not be able to pay these fees. All fees shall contain a provision that allows the fees to be waived in the event of economic hardship to the pupil. Non-payment of fees charged by the District, may not prevent a pupil from enrolling in, applying to or remaining enrolled in a public school. No student will be denied an education as a result of inability to pay these supplementary charges. This policy does not prohibit the District from charging tuition to a non-state resident pupil, as required by statute.
Students will not be required to supply specific types of school supplies or equipment as a prerequisite to successful completion of a required course or project.
Students will, however, be responsible and accountable for loss of or damage to school property, including textbooks and library books.
The Superintendent will establish procedures through which students may be held responsible and accountable for loss of or damage to school property, including textbooks and library books.
Authorization is granted for the acceptance of fees or cash contributions paid by a taxpayer for support of extracurricular activities and character education programs in schools of the District. The Superintendent shall establish procedures to assure compliance with all requirements for reporting the receipt and expenditure of taxpayer contributions.
Upon complaint of the Board, the parents or guardians of minors who have injured school property shall be liable for all damages caused by their children or wards.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-116
15-342
15-719
15-724
15-727
15-728
15-729
43-1088
43-1089
43-1089.01
43-1089.03
CROSS REF.:
DKB - Salary Deductions
EDBA - Maintenance and Control of Instructional Materials
REGULATION
STUDENT FEES, FINES, AND CHARGES
(Tax Credit Contributions)
The receipt and expenditure of fees or cash contributions may be for "Extracurricular activities" as indicated in Pursuant to A.R.S. 43-1089.01 and 15-342 with contributions also used for "character education programs" as described , a taxpayer is allowed a credit for the amount of any fees or cash contributions made to a public school for the support of extracurricular activities or character education programs. Donations are limited to the amounts of two hundred dollars ($200) for a single individual or a head of household and four hundred dollars ($400) for a married couple filing a joint return. A contribution for which a credit is claimed and that is made on or before April 15 following the taxable year may be applied to either the preceding taxable year or to the current year.
"Extracurricular activities," as defined in A.R.S. 15-719.To comply with the requirements of 342 and A.R.S. 43-1089.01 concerning the receipt and expenditure of fees or cash contributions from taxpayers during the previous calendar year for support of extracurricular activities and character education programs of the District, annually not later than February 28 each school in the District shall provide the following information on , are any optional, noncredit, educational, or recreational activities that supplement the education program of the school, whether offered before, during, or after regular school hours. They are school-sponsored activities that require enrolled students to pay a fee in order to participate. At least some monetary amount must be levied to participate in an extracurricular activity in order for the tax credit to be available. A blanket waiver of all activity fees would make the activity ineligible for the tax credit. Examples of extracurricular activities include paying fees for band uniforms, equipment or uniforms for varsity athletic activities, scientific laboratory materials, and in-state or out-of-state trips that are solely for competitive events. Extracurricular activities do not include any senior trips or events that are recreational, amusement, or tourist activities.
"Character education programs," as defined in A.R.S. 15-719, must include instruction in the definition and application of at least six (6) of the following character traits: truthfulness, responsibility, compassion, diligence, sincerity, trustworthiness, respect, attentiveness, obedience, orderliness, forgiveness, virtue, fairness, caring, citizenship, and integrity. The course of study for each grade, kindergarten through twelfth (K-12), may be developed by the District. Activities, discussions, and visual media and literary presentations should be used to illustrate and reinforce the application of the character traits, and presentations should be made by teachers or mentors who demonstrate the character traits.
Using forms prescribed by the Arizona Department of Revenue:
● Total number of fees and contribution payments received.
● Total dollar amount received.
● Total dollar amount spent, categorized specifically by:
■ Extracurricular activity.
■ Character education program.
● Total number of student participants, categorized specifically by:
■ Extracurricular activity.
■ Character education program.
When a school has a school council, the school council shall determine how contributions , a recipient school of any contribution must provide the following information to the Department by February 28 of each year:
A. The total number of fee and cash contribution payments received during the previous calendar year.
B. The total dollar amount of fees and contributions received during the previous calendar year.
C. The total dollar amount of fees and contributions spent by the school during the previous calendar year, categorized by specific extracurricular activity or character education program.
In addition to this report to the Department, schools should issue a receipt to the taxpayer for any fees or cash contributions received. The receipt should include the public school name, school district name and number, taxpayer name and address, fees paid or amount contributed, date paid or contributed, and a description of the activity being supported.
The use of contributions that are not designated for a specific purpose are to be used at the school. When a school does not have a school shall be determined by the site council of the public school that receives the contributions. In the absence of a site council, the principal, director, or chief administrator of the school shall make the determination. If If, at the end of a fiscal year a public school has , there remain any unspent contributions that were previously designated for a specific purpose or program, and that purpose or program has been discontinued or has not been used for two (2) consecutive fiscal years, these contributions shall be considered undesignated in the following fiscal year for the purposes of this subsection..
GUIDELINES FOR THE PUBLIC SCHOOL EXTRACURRICULAR ACTIVITY (ECA) TAX CREDIT - AZDOR Link: http://www.azdor.gov/LinkClick.aspx?fileticket=7tg5M2-Lvpw%3D&tabid=
EXHIBIT
STUDENT FEES, FINES, AND CHARGES
FEES
Areas where fees may be charged include, but may not be limited to:
● OptionalA. Optional extracurricular activities, which are defined as any optional, noncredit, educational or
recreational activityrecreational activity that supplements the education program of the school, whether offered before, during, or
after regularafter regular school hours.
● OptionalB. Optional programs conducted when school is not in session.
● FineC. Fine arts courses (high school only).
● VocationalD. Vocational education courses (high school only).
● OtherE. Other courses, fees for optional services, equipment, and materials offered to the students beyond
those requiredthose required to successfully complete the basic requirements of the course (high school only).
Pursuant to A.R.S. 15-342, a school district may charge fees for the activities described above if:
● TheA. The fees are reasonable.
● TheB. The fees do not exceed the actual costs of the activities, programs, services, equipment, or materials.
● AC. A notice of the proposed fees is given to all parents of students enrolled at schools in the
District beforeDistrict before the Governing Board acts to adopt fees.
● TheD. The fees are then adopted by the Governing Board.
● TheE. The Governing Board includes in its action a grant of authority to the principals to waive the
assessment ofassessment of all or a part of any fee if it creates an economic hardship for a specific student.
● NoF. No fees are charged for students' access to or use of computers or related materials.
EXHIBIT
STUDENT FEES, FINES, AND CHARGES
TAX CREDIT CONTRIBUTIONS
IS THIS A TAX CREDIT ELIGIBLE EXTRACURRICULAR ACTIVITY?
In accordance with A.R.S. § 15-342(24) and § 43-1089.01(G)(2):
1. Is the activity sponsored by the district/school? Yes No
2. Is the activity for enrolled students? Yes No
3. Is the activity optional? Yes No
4. Is the activity non-credit? Yes No
5. Does the activity supplement the district/school’s educational program? Yes No Yes No
program?
6. Does the district/school charge a fee for participation in the activity? Yes No
7. Is the activity fee paid directly to the district/school? Yes No
8. Was the fee for this activity adopted by the Governing Board at a public a
public meeting after notice to all parents of
enrolled of enrolled students? Yes No
9. Has the Governing Board authorized the principal to waive all or part part
of the activity fee if it creates an economic
hardship economic hardship for a student? Yes No
If you answered NO to any of these questions, then the activity is not tax credit eligible. If you are not certain how to answer any of the above questions, you should consult the school’s attorney before offering tax credits for the activity.
Frequently Asked Questions
1. How must extracurricular activity fees be adopted? To be eligible for tax credits, extracurricular activity fees
must be adopted fees must be adopted by the Governing Board at a public meeting after notice to all parents of students enrolled in
the in the District. [See A.R.S. § 15-342(24)]. Districts typically adopt a fee schedule near the beginning of the school
year school year and may later publish supplementary fee schedules. Best practice is for any extracurricular activity fees,
including fees for field trips, to be included on the district’s District’s published fee schedules. Activity fees that have not
been properly not been properly noticed or adopted by the Governing Board are not tax credit eligible.
2. Can the fees be paid directly to a third-party that is coordinating the activity? Extracurricular activity fees
must fees must be paid directly to the district or school. Fees paid to third-parties do not qualify for tax credits. [See Arizona
Attorney Arizona Attorney General Opinions I03-008 and I98-007.]
3. Must the District waive all or part of an activity fee if it creates an economic hardship for a student? The
Governing The Governing Board must authorize a principal to waive all or part of an activity fee if it creates an economic hardship
for hardship for a student. [See A.R.S. § 15-342(24) and Arizona Attorney General Opinion I99-021.] If a student does not raise
enough raise enough money through tax credit donations and cannot otherwise afford to participate in an extracurricular activity,
the the student’s principal must be authorized to waive all or part of the fee. In practice, this means the principal must
find must find another funding source to pay for the student’s activity fee. For example, the school’s site council may choose
to choose to use undesignated tax credit donations to pay for the activity fees of students for whom payment would represent
an represent an economic hardship. See A.R.S. § 43-1089.01(E). Best practice is for a site council, at the beginning of the school
yearschool year, to identify which activity fees it will cover and in what amounts. If a school or district is unable to waive part or
all or all of an activity fee for a student for whom the fee creates an economic hardship, then no fees may be charged for
the for the activity and the activity would no longer be tax credit eligible. See A.R.S. § 15-342(24).
________________________________________________________________________________
Any fees charged must be no more than the actual costs of the activity. See A.R.S. § 15-342(24).
Arizona Department of Revenue, Office of Economic Research and Analysis, December 2014, Page 4.
Required student records (regular and special education) will be prepared in a manner consistent with State state and federal laws, the requirements of the Arizona Uniform System of Financial Records (USFR) and those of the Arizona Department of Libraries, Archives and Public Records. Retention periods and disposition of records shall be as specified in the USFR, the Arizona Department of Library Archives and Public Records and relevant federal statutes and regulations.
The District will comply with the provisions of the Family Educational Rights and Privacy Act (FERPA) and the Individuals with Disabilities Education Act (IDEA), the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT ACT), and the No Child Left Behind Every Student Succeeds Act of 2001 2015 (NCLBESSA) in the establishment, maintenance, correction, and disposition of student records.
The Board directs the Superintendent to establish procedures for such compliance, including informing parents, students, and the public of the contents. The Superintendent will implement procedures as required by law and will establish procedures for dealing with violations.
If a parent or eligible student believes that the District is violating the FERPA, that person has a right to file a complaint with the U.S. Department of Education. The address is:
The Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-4605
Telephone number: (202) 260-3887
In adopting this policy it is the intent of the Board that the policy and related procedures be implemented immediately. Copies of the policy and procedures will be available for parent and eligible student review in the District office.
Confidentiality
The right to inspect and review education records and the release of or access to such records, other information, or instructional materials will be consistent with federal law in the Family Educational Rights and Privacy Act, Title 20, United States Code, sections 1232g and 1232h, the USA PATRIOT ACT, NCLB, ESSA and with federal regulations issued pursuant to such act.
Annual Notification
Within the first three (3) weeks of each school year, the District will publish in a District communication a notice to parents and eligible students of their rights under the FERPA and this procedure. This notice will also be provided to each parent of new students enrolling after school begins [34 C.F.R. 99.7]. The District will arrange to provide translation of the notice to non-English-speaking parents in their native language or mode of communication [34 C.F.R. 300.9]. The notice shall inform the parents of:
● The A. The right of the parent or an eligible student to inspect and review the student's education records.
● The B. The intent of the District to limit the disclosure of personally identifiable information contained in a student's education s education records, including disciplinary records, except by the prior written consent of the parent or eligible student eligible student or under certain limited circumstances as permitted by the FERPA, the USA PATRIOT Act or the NCLB Actthe ESSA.
● The C. The right of the parent or eligible student to seek to correct parts of the school education records that the student the student or the parent believes to be inaccurate, misleading, or in violation of student rights. This right includes right includes the right to a hearing to present evidence that the record should be changed if the District decides District decides not to alter it according to the parent's or eligible student's request.
● The D. The right of the parent or eligible student to file a complaint with the U.S. Department of Education if they believe they believe the District has violated the FERPA.
Parents and eligible students have the following rights under the Family Educational Rights and Privacy Act (FERPA) and this procedure [34 C.F.R. 99.7 and 300.613]. The notice shall also include:
● The A. The procedure for exercising the right to inspect and review education records.
● The B. The procedure for requesting amendments of education records that the parent or eligible student believe student believe to be inaccurate, misleading or otherwise a violation of the student's privacy rights.
● The C. The conditions when prior consent is not required, the criteria for determining who constitutes a school official school official and what constitutes a legitimate educational interest.
If the School District permits the release of directory information relating to pupils, the information shall be released on or before October 31 of each year. The Superintendent shall develop procedures to communicate to students and their parents in a timely manner information relating to access to the Arizona Department of Education form which is designed to allow pupils to request that directory information not be released pursuant to the Elementary and Secondary Education Act (ESEA) as reauthorized by the No Child Left Behind (NCLB) Act of 2001Every Student Succeeds Act of 2015 (ESSA).
Adopted: April 23, 2013date of Manual adoption
LEGAL REF.:
A.R.S.
15-141
15-142
15-828
15-829
4125-1346et seq403.06
41-1354
44-1373
10 U.S.C. 503
20 U.S.C. 1232
20 U.S.C. 1400 et seq., Individuals with Disabilities Education Act
20 U.S.C. 6301 et seq., Every Student Succeeds Act of 2015
20 U.S.C. 7908
34 C.F.R. 300
CROSS REF.:
IHB - Special Instructional Programs
JF - Student Admissions
JFAB - Admission of Nonresident Students
JLH - Missing Students
JRCA - Request for Transfer of Records
REGULATION
STUDENT RECORDS
This procedure is designed to meet the provisions of the Family Educational Rights and Privacy Act (FERPA) and the Individuals with Disabilities in Education Act (IDEA). All personnel in the District are expected to fulfill the requirements of policy and the following procedures in order to protect the confidentiality of personally identifiable information at collection, storage, disclosure, and destruction stages [34 C.F.R. 300.612].
The Superintendent has the responsibility for ensuring the confidentiality of any personally identifiable information [34 C.F.R. 300.612].
All rights and protections given parents under the FERPA and this procedure transfer to the student upon reaching age eighteen (18) except where the student continues as a dependent under specified circumstances, or enrolling in a postsecondary school. The student then becomes an "eligible student" [34 C.F.R. 99.5 and 300.625].
Definitions
For the purpose of the procedure, the District has used the following definitions of terms:
● A. Student - Any person who attends or has attended a program of instruction sponsored by the District and for whom and for whom the District maintains education records.
● B. Eligible student - A student who has reached age eighteen (18) or is attending a postsecondary school.
● C. Parent - Either the natural parent of a student, unless the parent's rights under the FERPA have been removed been removed by a court order, statute, or other legal document, or a guardian, or an individual acting as a parent a parent or guardian in the absence of the student's parent or guardian. The District may presume that the that the parent has the authority to inspect and review education records relating to his or her child unless the unless the District has been advised that the parent does not have authority under applicable law.
● D. Education records - Any information directly related to a student recorded in any way including, but not limited tonot limited to, handwriting, print, computer media, video or audio tape, film, microfilm or microfiche, that is maintained by the is maintained by the District, an employee of the District, or any agent of the District except:
■ Personal 1. Personal records kept by an employee of the District that meets the following tests:
⇒ It a. It is used only as a personal memory aid.
⇒ It b. It is kept in the personal possession of the individual who made it.
⇒ It c. It is not accessible and has never been revealed to any other person except the employeethe employee's temporary substitute.
■ Medical 2. Medical treatment records maintained for "eligible students."
■ Records 3. Records collected and maintained by a law enforcement unit of the school.
■ Records 4. Records containing only information about a person after that individual is no longer a student in the in the District.
■ An 5. An employment record that is used only in relation to a student's employment by the District. (Employment for this purpose does not include activities for which a student receives a grade or grade or credit in a course.)
■ Related 6. Related alumni records after the student no longer attends classes provided by the District, and the records the records do not relate to the person as a student.
● E. Personally identifiable information - Any data or information that makes the subject of a record known. This includes This includes the student's name, the name(s) of the student's parent(s) or other family member(s), the student's addresss address, the student's Social Security number, a student number, a list of personal characteristics, or other information other information that would make the student's identity easily traceable.
● F. Signed and dated written consent - May include a record and signature in electronic form that:
■ Identifies 1. Identifies and authenticates a particular person as the source of the electronic consent.
■ Indicates 2. Indicates such person's approval of the information contained in the electronic consent.
Locations of Education Records
A list of types and locations of education records collected, maintained, or used will be provided to the parents on request [34 C.F.R. 300.616]. See Exhibit JR-EA.
Procedure to Inspect
Education Records
Parents of a student, the designated representative of the parents, and an eligible student may inspect and review the student's education records that are collected, maintained, or used by the District [34 C.F.R. 300.501]. In some circumstances it may be mutually more convenient for the record custodian to provide copies of records. Charges for the copies of records will be costs of copying unless the fee would effectively prevent the parent from exercising rights to inspect and review those records [34 C.F.R. 300.613 and 300.617].
Since a student's records may be maintained in several locations, the school principal will offer to collect copies of records or the records themselves from locations other than a student's school so they may be inspected at one (1) site. However, if parents and eligible students wish to inspect records where they are maintained, the school's principal will make every effort to accommodate their wishes.
Parents, the designated representative of the parents, or the eligible student should submit to the student's school principal a signed and dated written request that identifies as precisely as possible the record or records wanted for inspection. The District will respond to any request without unnecessary delay before any meeting regarding any individual education program or hearing relating to the identification, evaluation, placement of a student, or the provision of a free appropriate public education, and in no case more than forty-five (45) days after the request has been made [34 C.F.R. 300.613 and 99and 99.10]. See Exhibit JR-ED.
The principal, or other education records custodian, will contact the parent of the student or the eligible student to discuss how access will be best arranged (e.g., copies, at the exact location, or records brought to a single site).
Parents have the right, upon reasonable request, for explanations and interpretations of the information contained in the records and a right to request copies of the records containing the information, if not in violation of stated policy of FERPA. Parents have the right to have a representative of the parent to inspect and review the records [34 C.F.R. 300.613 and 99.10].
The principal, or other education records custodian, will make the needed arrangements as promptly as possible and notify the parent or eligible student of the time and place where the records may be inspected. This procedure must be completed in forty-five (45) days or less after receipt of the request for access [34 C.F.R. 300.613].
If for any valid reason, such as working hours, distance between record location sites, or health, the parent or eligible student cannot personally inspect and review a student's education records, the District will arrange for the parent or eligible student to obtain copies of the record. See below for information regarding fees for copies of records [34 C.F.R. 300.613 and 99.10].
When a record contains information about students other than a parent's child or the eligible student, the parent or eligible student may not inspect and review the records of the other students [34 C.F.R. 300.615, 99.5 and 99.12].
Fees for Copies of Records
All records subject to disclosure under this procedure shall be available for inspection free of charge. If copies are desired, they shall be furnished by the District to the parent or eligible student on request and free of charge. Additional copies may be sent to other schools or agencies without charge. However, the District reserves the right to charge up to thirty-five cents (35¢) per page for multiple or excessive requests. Copies of available records shall be produced as promptly as possible upon receipt of the request. No fee will be charged for search and retrieval of records [34 C.F.R. 300.617 and 99.11].
The District will provide copies of records:
● When A. When the refusal to provide copies effectively denies access to the records by the parent or eligible student student [34 C.F.R. 300.617].
● At B. At the request of the parent or eligible student, when the District has provided the records to third parties by the by the prior consent of the parent or eligible student.
● At C. At the request of the parent or eligible student when the District has forwarded the records to another school where school where the student seeks or intends to enroll.
Directory Information
The District designates the following personally identifiable information contained in a student's education records as "directory information" and may disclose that information without prior written consent [20 U.S.C. 1232g(a)(5)(A)]:
● The A. The student's name.● The
B. The student's address.
● The C. The student's telephone listing.
● The D. The student's date and place of birth.
● The E. The student's electronic mail address.
● The F. The student's photograph.
● The G. The student's grade level.
● The H. The student's major field of study.
● I. The student's dates of attendance.
● J. The student's enrollment status (e.g., part time or full time).
● The K. The student's participation in officially recognized activities and sports.
● The L. The student's weight and height if a member of an athletic team.
● M. The student's honors and awards received.
● The N. The student's most recently attended educational agency or institution.
Within the first three (3) weeks of each school year the District will publish in a District communication or send home with each student the above list, or a revised list, of the items of directory information designated as directory information. For a student who enrolls after the notice is published, the list will be given to the parent or eligible student at the time and place of enrollment. See Exhibit JR-EB.
After the parents or eligible student have been notified, they will have two (2) weeks to advise the District in writing (a letter to the Superintendent's office) of any or all of the items they refuse to permit the District to designate as directory information about that student.
According to state and federal law if the Governing Board permits the release of directory information relating to students to persons or organizations who inform students of educational or occupational opportunities, then the Governing Board shall provide access to directory information on the same basis to military official recruiting representatives for the purpose of informing students of educational and occupational opportunities available to them. Directory information shall be released on or before October 31 of each year unless the parent or eligible student requests in writing to the District (a letter to the Superintendent's office within two ([2) ] weeks after notification) not to release directory information to any person or organization without prior signed and dated written consent. The District shall distribute a form, separate from any other form, designed and provided to Districts districts by the Arizona Department of Education allowing pupils to request that directory information not be released. If the District distributes materials to pupils through electronic communication or on an internet website, the form may be distributed in the same manner. A person who is wrongfully denied access to directory information or access to school buildings, school grounds or other property may notify the Department of Education, which shall report the alleged violation to the United States Department of Education. If the parent or eligible student refuses to allow the release of directory information without prior signed and dated written consent, then the District will not provide military recruiters, upon request, directory information containing the student's name, addresses and telephone listings.
At the end of the two (2)-week period, if the parent or eligible student has not returned the form indicating refusal to allow the release of directory information, the District will assume it has their permission to release the above-mentioned information. This designation will remain in effect until it is modified by the prior signed and dated written direction of the parent or eligible student. The student's records will be appropriately marked by the records custodian to ensure compliance with the parents' or eligible student's request.
Use of Student Education
Records
To carry out their responsibilities, school officials will have access to student education records for legitimate educational purposes. The District will use the following criteria to determine who are school officials [34 C.F.R. 99.31]:
● A. A person duly elected to the Board (under limited circumstances).
● A B. A person certificated by the state and appointed by the Board to an administrative or supervisory position.
● A C. A person certificated by the state and under contract to the Board as an instructor.
● A D. A person employed by the Board as a temporary substitute for administrative, supervisory, or instructional personnel instructional personnel for the period of such performance as a substitute.
● A E. A person employed by or under contract to the Board to perform a special task, such as a secretary, a clerk, the the Board attorney, or auditor, for the period of such performance as an employee or contractor.
District officials who meet the criteria listed above will have access to a student's records if they have a legitimate educational interest in doing so [34 C.F.R. 99.32]. A "legitimate educational interest" is the person's need to know in order to:
● Perform A. Perform an administrative task required in the school employee's position description approved by the Board.
● Perform B. Perform a supervisory or instructional task directly related to the student's education.
● Perform C. Perform a service or benefit for the student or the student's family, such as health care, counseling, student job student job placement, or student financial aid.
Records of students placed in special educational programs will be under the direct supervision of the program administration. All persons collecting or using personally identifiable information in records of students determined to be a student with a disability will receive training or instruction regarding Arizona's policies and procedures for the protection of these records at the collection, storage, disclosure, and destruction stages in accordance with FERPA and IDEA [34 C.F.R. 300.623].
The District will maintain for public inspection a current listing of the names and positions of employees who have access to personally identifiable information maintained on students placed in special education [34 C.F.R. 300.623]. When the information maintained in these records is no longer needed to provide educational services to the student, the District will notify the parents of their right to have the personally identifiable information destroyed [34 C.F.R. 300.624]. However, a permanent record of a student's name, address, phone number, grades, attendance record, classes attended, grade level completed, and year completed will be maintained [34 C.F.R. 300.624]. Destruction of records will be accomplished in accordance with the requirements of Arizona law and regulations of the Department of Library, Archives, and Public Records [34 C.F.R. 300.623].
The District will release information from or permit access to a student's education records only with a parent's or eligible student's prior signed and dated written consent, except that the Superintendent or a person designated in writing by the Superintendent may permit disclosure [34 C.F.R. 99.30, 99.31, 99.34, and 99.37]:
● When A. When a student seeks or intends to enroll in another school district or a postsecondary school the District will not will not further notify parents or eligible students prior to such a transfer of records. Parents and student have a right a right to obtain copies of records transferred under this provision. See Exhibit JR-EC.
● When B. When certain federal and state officials need information in order to audit or enforce legal conditions related to related to federally supported education programs in the District.
● To C. To parties who provide or may provide financial aid to a student to:
■ Establish 1. Establish the student's eligibility for the aid.
■ Determine 2. Determine the amount of financial aid.
■ Establish 3. Establish the conditions for the receipt of the financial aid.
■ Enforce 4. Enforce the agreement between the provider and the receiver of financial aid.
● If D. If a state law adopted before November 19, 1974, required certain specific items of information to be disclosed in disclosed in personally identifiable form from student records to state or local officials.
● If E. If a state law adopted before November 19, 1974, required certain specific items of information to be disclosed in disclosed in personally identifiable form from student records to state or local officials of the juvenile justice system and the and the officials certify in writing that the information will not be disclosed to any other party, except as provided under provided under state law, without prior signed and dated written consent of the parent or the eligible student.
● When F. When the District has entered into a written agreement or contract for an organization to conduct studies on the on the District's behalf to develop tests, administer student aid, or improve instruction.
● To G. To accrediting organizations to carry out their accrediting functions.
● To H. To parents of an eligible student if the parents claim the student as a dependent as defined by the Internal Revenue Internal Revenue Code of 1954.
● I. To comply with a judicial order or lawfully issued subpoena. The District will make a reasonable effort to notify the notify the parent or the eligible student before making a disclosure under this provision unless directed otherwise by a by a court of competent jurisdiction.
● J. To comply with an an ex parte order order from a court of competent jurisdiction requiring the District to permit the Uthe U.S. Attorney General or U.S. Attorney General's designee to collect education records in the possession of possession of the District that are relevant to an authorized investigation or prosecution of an offense listed in 18 U.S.C. 2332b 2332b(g)(5)(B) for an act of domestic or international terrorism as defined in 18 U.S.C. 2331. An An ex parte order order is an order issued by a court of competent jurisdiction without notice to the adverse party. A disclosure pursuant disclosure pursuant to an an ex parte order order will not be recorded as a disclosure of information from a student's education records education records by the District.
● If K. If the District initiates legal action against a parent or student, the District may disclose to the court, without a court a court order or subpoena, the education records of the student that are relevant for the District to proceed with the with the legal action.
● If L. If a parent or eligible student initiates legal action against the District, the District may, without a court order or subpoenaor subpoena, disclose the student's education records that are relevant for the District to defend itself.
● M. To comply with the request of authorized law enforcement officials conducting an investigation of acts of terrorismof terrorism.
● The N. The disclosure is in connection with a health or safety emergency. Time is an important and limiting factor in factor in determining whether the disclosure is in connection with a health or safety emergency. The District will permit any will permit any school official to make the needed disclosure from student education records in a health or safety or safety emergency if:
■ The 1. The official deems the disclosure is warranted by the seriousness of the threat to the to the health or safety or safety of the student or other persons.
■ The 2. The information is necessary and needed to address the emergency.
■ The 3. The persons to whom the information is to be disclosed are qualified and in a position to deal with deal with the emergency.
● The O. The District may release student attendance, disciplinary, and other education records to a law enforcement agency enforcement agency and county attorney pursuant to an intergovernmental agreement between the District, the law the law enforcement agency, the county attorney, and other state, local, or tribal government agencies to create a local to create a local or tribal juvenile justice network for the purpose of:
■ providing 1. providing appropriate programs and services to intervene with juveniles currently involved in the juvenile justice juvenile justice system.
■ providing 2. providing appropriate programs and services designed to deter at-risk juveniles from dropping out of school of school or other delinquent behavior.
■ increasing 3. increasing the safety and security of the community and its children by reducing juvenile crime.
● Education P. Education records provided pursuant to an intergovernmental agreement entered into in accord with the above the above provisions shall be used solely for the purposes of the agreement and shall not be disclosed to any other partyto any other party, except as provided by law.
A District school official may release information from a student's education records, other than directory information, to a third party if the parent or the eligible student gives prior signed and dated written consent for the disclosure and the third party agrees that the information will not be disclosed to any other party without the prior consent of the parent or eligible student. The signed and dated written consent must include at least:
● A. A specification of the records to be released.
● The B. The reasons for the disclosure.
● The C. The person or the organization or the class of persons or organizations to whom the disclosure is to be made.
● The D. The signature of the parent or eligible student.
● The E. The date of the consent and, if appropriate, a date when the consent is to be terminated.
The parent or the eligible student may obtain a copy of any records disclosed under this provision, unless otherwise provided.
Records of Requests for Access
and Disclosures Made from
Education Records
The District will maintain an accurate record of all requests for it to disclose information from or to permit access to a student's education records, and of information it discloses and access it permits, with some exceptions as listed below. This record will be kept with, but will not be a part of, each student's cumulative school records. It will be available only to the record custodian, the eligible student, the parent of the student, or to federal, state, or local officials for the purpose of auditing or enforcing federally supported educational programs [34 C.F.R. 99.32]. See Exhibit JR-EE.
The record will include at least:
● The A. The name of the person, organization or agency that made the request.
● The B. The interest the person, organization or agency had in the information.
● The C. The date the person, organization or agency made the request.
● Whether D. Whether the request was granted and, if it was, the date access was permitted or the disclosure was made.
The District will maintain this record as long as it maintains the student's education records. The record will not include requests for access or access granted to:
● the A. the parent or eligible student,
● authorized B. authorized law enforcement officials conducting an investigation of acts of terrorism,
● school C. school officials who have a legitimate educational interest in the student,
● requests D. requests for or disclosures of information contained in the student's education records if the request is accompanied is accompanied by or authorized by the prior signed and dated written consent of the parent or eligible studenteligible student, or
● for E. for requests for or disclosures of directory information designated for that student.
Procedures to Seek to Correct
Education Records
[34 C.F.R. 99.20 and 99.21]
Parents of students and eligible students have a right to seek to change any part of the student's record they believe is inaccurate, misleading, or in violation of student rights [34 C.F.R. 300.618 and 99.20]. (Note: Under the FERPA, the District may decline to consider a request to change the grade a teacher assigns for a course.)
For the purpose of outlining the procedure to seek to correct education records, the term term incorrectwill will be used to describe a record that is inaccurate, misleading, or in violation of student rights. The term term correct will will be used to describe a record that is accurate, not misleading, and not in violation of student rights. Also, in this section, the term term requester will will be used to describe the parent of a student or the eligible student who is asking the District to correct a record.
To establish an orderly process to review and correct education records for a requester, the District may make a decision to comply with the request for change at several levels in the procedure [34 C.F.R. 300.618 and 99.20].
First-level decision. A A parent of a student or an eligible student who finds an item in the student's education records that appears to be inaccurate, misleading, or in violation of student rights should immediately ask the record custodian to correct it. If the record is incorrect because of an obvious error and it is a simple matter to make the record change at this level, the record custodian will make the correction. However, if the record is changed at this level, the method and result must satisfy the requester.
If the custodian cannot change the record to the requester's satisfaction or the record does not appear to be obviously incorrect, the custodian will:
● Provide A. Provide the requester a copy of the questioned record at no cost.
● Ask B. Ask the requester to initiate a written request for the change.
● Follow C. Follow the procedure for a second-level decision.
Second-level decision. The The written request to correct a student's education records through the procedure at this level should specify the correction the requester wishes the District to make. It should at least identify the item thought to be incorrect and state whether the requester believes the item:
● Is A. Is inaccurate and why,
● Is B. Is misleading and why, or
● Violates C. Violates student rights and why.
The request will be dated and signed by the requester.
Within two (2) weeks after receiving a written request, the record custodian will study the request, discuss it with other school officials (the person who made the record or those who may have a professional concern about the District's response to the request), make a decision to comply or decline to comply with the request, and complete the appropriate steps to notify the requester or move the request to the next level for a decision.
If, as a result of this review and discussion, a decision is reached that the record should be corrected, the record custodian will affect the change and notify the requester, in writing, of that action. Each such notice will include an invitation for the requester to inspect and review the student's education records to make certain the record is in order and the correction is satisfactory.
If a decision is reached that the record is correct, the custodian will make a written summary of any discussions with other officials and of the findings in the matter. This summary and a copy of the written request will be transmitted to the Superintendent.
Third-level decision. The The Superintendent will review the material provided by the record custodian and, if necessary, discuss the matter with other officials such as the school attorney or the Board (in executive session unless otherwise requested by parent[s]). The Superintendent will then make a decision concerning the request and complete the steps at this decision level. Ordinarily, this level of the procedure should be completed within two (2) weeks. If it will take longer, the Superintendent will notify the requester in writing of the reasons for the delay and a date when the decision will be made.
If the Superintendent decides the record is incorrect and should be changed, the record custodian will be advised to make the changes. The record custodian will advise the requester of the change.
If the Superintendent decides the record is correct, a letter to the requester will be prepared that will include [34 C.F.R. 300.619 and 99.20]:
● The A. The District's decision that the record is correct and the basis for the decision.
● A B. A notice to the requester explaining the requester's right to ask for a hearing to present evidence that the record the record is incorrect and that the District will grant such a hearing.
● Instructions C. Instructions for the requester to contact the Superintendent to discuss acceptable hearing officers, convenient timesconvenient times, and a satisfactory site for the hearing. (The District will not be bound by the requester's positions on these on these items but will, as far as possible, arrange the hearing as the requester wishes.)
● Advice D. Advice that the requester may be represented or assisted in the hearing by other parties, including an attorneyan attorney, at at the requester's expense.
Fourth-level decision. After After the requester has submitted (orally or in writing) any wishes concerning the hearing officer and the time and place for the hearing, the Superintendent will, within one within one (1) week, notify the requester when and where the District will hold the hearing and whom it has designated as the hearing officer [34 C.F.R. 300.621, 99.21, 99.22, and 99.34].
At the hearing, the hearing officer will provide the requester a full and reasonable opportunity to present material evidence and testimony to demonstrate that the questioned part of the student's education records is incorrect as shown in the requester's written request for a change in the record (second level).
Within one (1) week after the hearing, the hearing officer will submit to the Superintendent a written summary of the evidence submitted at the hearing. Along with the summary, the hearing officer will submit recommendations, based solely on the evidence presented at the hearing, that the record should be changed or should remain unchanged.
The Superintendent will prepare the District's decision within two (2) weeks after the hearing. That decision will be based on the summary of the evidence presented at the hearing and on the hearing officer's recommendation. However, the District's decision will be based solely on the evidence presented at the hearing. Therefore, the Superintendent may overrule the hearing officer if the hearing officer's recommendation is deemed inconsistent with the evidence presented. As a result of the District's decision, the Superintendent will take one (1) of the following actions:
● If A. If the decision is that the District will change the record, the Superintendent will instruct the record custodian to correct to correct the record. The record custodian will correct the record and notify the requester as at the second-level decision level decision [34 C.F.R. 300.620 and 99.21].
● If B. If the decision is that the District will not change the record, the Superintendent will prepare a written notice to the to the requester that will include [34 C.F.R. 300.620 and 99.21]:
■ The 1. The District's decision that the record is correct and will not be changed.
■ A 2. A copy of a summary of the evidence presented at the hearing and a written statement of the reasons for reasons for the District's decision.
■ Advice 3. Advice to the requester that an explanatory statement may be placed in the student's education records stating records stating the reasons for disagreement with the District's decision and/or the reasons for believing the record the record to be incorrect.
Final administrative step in the procedure. When When the District receives an explanatory statement from a requester after a hearing, it will maintain that statement as part of the student's education records education records as long as it maintains the questioned part of the record. The statement will be attached to the questioned part of the record and whenever the questioned part of the record is disclosed the explanatory statement will also be disclosed [34 C.F.R. 300.620 and 99.21].
Annual Notification to Parents Regarding
Confidentiality of Student Education
Records [34 C.F.R. 300.612]
Dear Parent:
The Family Educational Rights and Privacy Act (FERPA) affords parents and students over 18 years of age ("eligible students") certain rights with respect to the student's education records. The Governing Board has established written policies regarding the collection, storage, retrieval, release, use, and transfer of student educational information collected and maintained pertinent to the education of all students to ensure the confidentiality of the information and to guarantee parents' and students' rights to privacy. These policies and procedures are in compliance with:
The Family Education Rights and Privacy Act; Title 20, United States Code, Sections 1232g and 1232g and 1232h; and the Federal Regulations (34 C.F.R., Part 99) issued pursuant to such act;
Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT ACT);
No Child Left Behind Every Student Succeeds Act of 2001 2015 (NCLBESSA);
The Individuals with Disabilities in Education Act; 20 U.S.C. Chapter 33; and the Federal Regulations Federal Regulations (34 C.F.R. Part 300); and
Arizona Revised Statutes, Title 15, sections 141 and 142.
Student education records are collected and maintained to help in the instruction, guidance, and educational progress of the student, to provide information to parents and staff members, to provide a basis for the evaluation and improvement of school programs, and for legitimate educational research. The students' records maintained by the District may include - but are not necessarily limited to, identifying data, report cards and transcripts of academic work completed, standardized achievement test scores, attendance data, reports of psychological testing, health data, teacher or counselor observations, and verified reports of serious or recurrent behavior patterns.
These records are maintained in the office of the District under the supervision of the school administrator and are available only to the teachers and staff members working with the student. Upon request, the District discloses education records, including disciplinary records, without consent to officials of another school district in which a student seeks or intends to enroll. Otherwise, records are not released to most agencies, persons or organizations without prior signed and dated written consent of the parent [34 C.F.R. 99.7]. The signed and dated written consent may be in electronic form under certain conditions [34 C.F.R. 99.30].
You shall be informed when personally identifiable information collected, maintained, or used is no longer needed to provide educational services to your child. The information must be maintained for two (2) years after the date your child was last enrolled in this school district.
You have the right to inspect and review any and all records related to your child within forty-five (45) days of the day of receiving a request for access, including a listing of persons or organizations who have reviewed or have received copies of the information [34 C.F.R. 99.7]. Parents who wish to review their children's records should contact the principal for an appointment or submit to the principal a written request that identifies the record(s) you wish to inspect. District personnel will make arrangements for access and notify you of the time and place where the records may be inspected. District personnel will be available to explain the contents of the records to you. Copies of student education records will be made available to parents when it is not practicable for you to inspect and review the records at the school. Charges for the copies of records will be costs of copying unless the fee prevents the parent from exercising rights to inspect and review those records.
You have the right to request that an amendment be made to the student's education records and to add comments of your own if you believe information in the record file is inaccurate or misleading [34 C.F.R. 99.7(a)(1)]. You should write the principal, clearly identify the part of the record you want changed, and specify why it is inaccurate or misleading. If the District decides not to amend the record as requested by you, the District will notify you of the decision and advise you of the right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to you when notified of the right to a hearing.
You have the right to consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that FERPA authorizes disclosure without consent. One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. A school official is a person employed by the District as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the School Board; a person or company with whom the District has contracted to perform a special task (such as an attorney, auditor, medical consultant, or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.
Copies of the District student education records confidentiality policies and procedures may be reviewed in the assigned office in each school [34 C.F.R. 99.7]. You have the right to file a complaint with the Family Educational Rights and Privacy Act Office in Washington, D.C., concerning alleged failures by the District to comply with the requirements of FERPA [34 C.F.R. 99.7]. The name and address of the Office that administers FERPA are:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-4605
EXHIBIT
STUDENT RECORDS
LOCATIONS OF EDUCATION RECORDS
|
EXHIBIT
STUDENT RECORDS
DESIGNATION OF DIRECTORY INFORMATION
During the school year, District staff members may compile nonconfidential student directory information specified below.
According to state and federal law the below-designated directory information may be publicly released to educational, occupational or military recruiting representatives without your permission. If the Governing Board permits the release of the below-designated directory information to persons or organizations who inform students of educational or occupational opportunities, by law the District is required to provide the same access on the same basis to official military recruiting representatives for the purpose of informing students of educational and occupational opportunities available to them, unless you request in writing that the school not release the student's information without your prior signed and dated written consent. If you do not object to the release of any and all of the below-designated information in writing, then the District must provide military recruiters, upon request, directory information containing the student's names, addresses and telephone listings.
If you do not want any or all of the below-designated information about your son/daughter to be released to any person or organization without your prior signed and dated written consent, you must notify the District in writing by checking off any or all of the rejected information, signing the form at the bottom of this page, and returning it to the Principal, within two (2) weeks of receiving this form. If the School District does not receive this notification from you within the prescribed time, it will be assumed that your permission is given to release your son's/daughter's designated directory information.
--------------------------------------------------------------------------------------------------------------------------
TO: Principal
I do not want any or all the information I have þ below concerning (student's name) _________________________________ designated as directory information and released to any person or organization without my prior written consent:
◻ Name ◻o Name o Address◻ Telephone
listing ◻o Telephone listing o Electronic mail address
◻o Date and place of birth ◻ Photograph
◻ Dates of attendance ◻ Grade level
◻ Honors and awards received ◻birth o Photograph
o Dates of attendance o Grade level
o Honors and awards received o Major field of study
◻o Enrollment status (e.g., part time or full time)
◻o Participation in officially recognized activities and sports
◻o Weight and height of members of athletic teams
◻o Most recent educational agency or institution attended
___________________________________ ________________________
(Parent/guardian signature) (Date)
EXHIBIT
STUDENT RECORDS
NOTIFICATION TO NEW SCHOOL OF ATTENDANCE
OF RECORDS AVAILABLE AT PREVIOUS
SCHOOL OF ATTENDANCE
Dear Principal,
____________________________ has been attending District school(s) at ________________________, Arizona. Records available at our school contain information that should be helpful to your staff in developing an educational program. Our student education records policy permits forwarding copies of records to schools in which the student intends to enroll upon a formal request to receive them.
To expedite the transfer of the information, please review the enclosed Request for Student Education Records and check the records for which you are requesting a copy.
Return this form and the enclosed Request for Student Education Records to:
______________________________ ______________________________
(Records Custodian)
(School District Name)
______________________________ ______________________________
(Date)
(Address)
Enclosed: Request for Student Education Records
EXHIBIT
STUDENT RECORDS
REQUEST FOR STUDENT EDUCATION RECORDS
Copy to
student
file
________________________________ _________________________________
Name of Agency Name of Agency Address
Requester
________________________________ _________________________________
Name of Authorized Person PhonePerson Phone
__________________________________________________
Requested
from
________________________________ _________________________________
Name of Agency Address Name of Agency Address
__________________________________________________
Student
________________________________ _________________________________
Student Name Address Student Name Address
________________________________ _________________________________
Parent Name Address Parent Name Address
_____________________ ______________________ _____________________
Previous School Address Dates Previous School Address Dates Attended
______________________________________________ ◻ No information available about ◻ Need information to help
about previous school preparean educational program
◻ Need assistance in understanding for the student
Purpose for complex behavior and needs ◻ Need verification that the student
request has a disability
◻ Need evaluation information ◻ Other____
o No information available about o Need information to help
about previous school preparean educational program
o Need assistance in understanding for the student
Purpose for complex behavior and needs o Need verification that the student
request has a disability
o Need evaluation information o Other: ___________________
for immediate special for immediate special ___________________
education placement education placement ___________________
__________________________________________________
Permanent record data: ◻ Basic o Basic identifying data,
attendance data, and
academic
attendance data, and
academic data
General cumulative data: ◻ o General administrative data
and data
and results of group tests
Type of in-
formation Health data: ◻ General medical data and
requested formation Health data: o General medical data and
requested reports
Specialized student data: ◻ o Individualized evaluation records
and specialized reports
and specialized reports
(including reports from outside
agencies agencies)
Special education place- ◻ o All records of placement if if
ment records: special special education
Suspension and/or expulsion ◻expulsion o All records of suspension and/
records: or or expulsion
__________________________________________________
In making this request, the undersigned agrees that the information re-
Assurance information
Assurance received will be used only by the professional school staff members who
statement members
statement who are assigned to work with the student in the educational program and willprogram
and and will not be released to any other party without the prior written written
signatures consent of the
signatures the parent or eligible student.
__________________________ __________________________
Date Requested Date Requested Authorized Signature
__________________________________________________
I, ____________________, as the parent of ___________________,
(Parent Name) (Student's Name)
Parental consent to the release of records listed above to the party named
consent above above. I am aware of my rights to review the records and receive a
copy at my expense, if I so request.
__________________________ __________________________
Signature of Parent Signature of Parent Date
EXHIBIT
STUDENT RECORDS
RECORD OF ACCESS
(To be Placed Inside the Student's Record File.)
|
EXHIBIT
STUDENT RECORDS
DESTRUCTION OF INFORMATION
Date __________________
Dear (parent or guardian) ,
This is to advise you that District schools may destroy special education data and other information on a student who has been in a special education program whenever the student has been withdrawn, transferred, or graduated from the District for at least five (5) years or when the information is no longer needed to provide education services to
___________________________________
Student's Name
However, information contained in these records may be needed for other purposes, such as documentation for eligibility for Social Security benefits.
Before these records are destroyed, you have the right to review the records and obtain copies of any information. Please indicate your desire below and return this form to the School District before
___________________________________
Date
Sincerely,
________________________________________
Signature and Title of District Official
I ◻ Do ◻o Do o Do Not wish to review the records of _____________________
______________________________________________________________
_____________________________________ _______________________
Parent's or Guardian's Signature Date
If you do not complete and return this form within 90 days, records will be destroyed in accordance with established policy.
LEGAL REF.:
20 U.S.C. 1232(f)(a)
34 C.F.R. 80.42
EXHIBIT
STUDENT RECORDS
TRANSCRIPT RELEASE
Request _______________________ _________________________
for Student Name Identification Identification Number Class/year
_______________________________________________________
Transcripts may be released to those indicated below
Check ◻ Postsecondary Institutions ◻ United o Postsecondary Institutions o United States Armed Forces
Those
That ◻ o State Militia (National Guard) ◻ o Other: ________________
Apply ________________
________________
________________________________________________________
In making this request, the undersigned agrees that a transcript
Assurance requested by a party meeting the description indicated above
statement may be transmitted upon such party's request without further
and authorization (per A.R.S. 15-142). The parent must sign this
signatures request if the student is under 18 years of age. Only the
student need sign if over 18 years of age.
________________________
Date Date Requested
Student ________________________ ________________________
Print Print Name Authorized Authorized Signature and date
I, _________________________, as the parent of _____________________,
(Parent Name) (Student's Name)
Parental consent to the release of transcripts to the party named above. I
consent am aware of my rights to review the records and receive a copy
statement at my expense, if I so request __________________________.
(Date)
Parent ________________________ ________________________
authorization Print Name Authorized Authorized Signature and date
The Superintendent shall develop procedures that comply with federal and Arizona law related to the request for, and the response to such request for, records of students who transfer into or out of the schools of the District from or to another school.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-141
15-828
15-829
41-1354
20 U.S.C. 1232
REGULATION
REQUEST FOR TRANSFER
OF RECORDS
Requesting Records of
Transfer Students
Upon enrollment of a transfer student from a private school or from a another public school in another district, the principal shall request that the student's parent or guardian (or an emancipated student) authorize consent for the request for the student's education records on form JR-ED.
Within five (5) school days after enrolling a transfer student from a private school or from a another public school in another district, the principal shall request, directly from the student's previous school, a certified copy of the student's record.
Responding to Requests
for Student Records
Upon receiving a request for the records of a student who has withdrawn from school, the principal shall comply and forward the record within five ten (510) days after receipt of the request, unless:
● The A. The record has been flagged pursuant to A.R.S. 15-829, in which case the record shall not be forwarded and law and law enforcement officials shall be notified.
● The B. The request does not conform to the requirements related to proper release of records by an emancipated student emancipated student or parent.
Until June 30, 2018 or extension by the Arizona legislature, if a pupil is enrolled in a school district and that pupil also participates in Arizona online instruction, the pupil's school shall release a copy of the pupil's transcript to the online course provider within ten (10) days after a valid request to release the pupil's transcript. If the online course provider does not receive the pupil's transcript, after ten (10) days the online course provider shall notify the pupil's School District that the online course provider has not received the transcript and the pupil's transcript shall be released to the online course provider within ten (10) days. Non-compliance may result in a penalty assessed for each day of violation per A.R.S. 15-701.01.
The penalty prescribed immediately above does not apply to requests that would violate the Family Educational Rights and Privacy Act of 1974 (20 United States Code section 1232g).
The Superintendent shall establish procedures for selection of school photographers and collection of funds for school pictures.
In any circumstance where an agreement or arrangement for school photography requires prepayment by students prior to the receipt of services and products, the photography company shall provide a copy of a current commercial performance bond in an amount not less than the total projected receipts to be collected from students.
Adopted: date of
manualManual adoption
Sales by employees or outside vendors - e.g., Avon Products, Stanley Home Products, men's or women's wear, greeting cards, et cetera - shall not be conducted, nor shall deliveries be made, during working hours. Use of District vehicles for this purpose is strictly forbidden.
Employees violating this policy are subject to disciplinary action.
Adopted: date of Manual adoption
LEGAL REF.:
A.R.S.
38-538 et seq.
Student biometric information, i.e., noninvasive electronic measurement of physical characteristics of a person used to electronically identify that person, may be collected by a school only after the following requirements have been satisfied:
● WrittenA. Written notice to the parents or guardians of the students of the intent to collect biometric information.
■ Provided1. Provided to the parents or guardians not less than thirty (30) days prior to commencing
collection ofcollection of the information.
■ Shall2. Shall include a statement that the parent or guardian must give written permission to collect
the informationthe information.
⇒The statement shall be printed in not less than eighteen (18) point boldface type.
The Superintendent may develop regulations for determining the type of student biometric information to be collected, and for assuring that the requisite notice, the receipt and validation of parent and guardian permission, and the collection and use of student biometric information are appropriately accomplished.
Adopted: October 14, 2008date of Manual adoption
CROSS REF.:
JLCA - Physical Examinations of Students
JR - Student Records
LC - Relations with Education Research Agencies
Student surveys will be prepared, administered, retained, and communicated to parents and students in a manner consistent with state and federal laws. The requirements of the Arizona Revised Statutes shall be as specified in the relevant statutes and subsequent regulations.
The District will comply with all statutes pertaining to surveys including the requirement that notwithstanding any other law, each school district and charter school shall obtain written informed consent from the parent of a pupil before administering any survey that is retained by a school district, a charter school or the department of education for longer than one (1) year and that solicits personal information about the pupil regarding a number any of characteristics the following which are listed in the statute A.R.S. 15-117.
1. Critical appraisals of another person with whom a pupil has a close relationship.
2. Gun or ammunition ownership.
3. Illegal, antisocial or self-incriminating behavior.
4. Income or other financial information.
5. Legally recognized privileged or analogous relationships, such as relationships with a lawyer, physician or member of the clergy.
6. Medical history or medical information.
7. Mental health history or mental health information.
8. Political affiliations, opinions or beliefs.
9. Pupil biometric information.
10. The quality of home interpersonal relationships.
11. Religious practices, affiliations or beliefs.
12. Self-sufficiency as it pertains to emergency, disaster and essential services interruption planning.
13. Sexual behavior or attitudes.
14. Voting history.
A parent of a pupil that has a reasonable belief that a school district or charter school has violated this section may file a complaint with the attorney general or the county attorney for the county in which an alleged violation of this section occurred. The attorney general or the county attorney for the county in which an alleged violation of this section occurred may initiate a suit in the superior court in the county in which the school district or charter school is located for the purpose of complying with this section. After receiving written notice of an alleged failure to comply with this section, a school district or charter school that determines that a violation has occurred is not subject to a penalty or cause of action under this section if the school district or charter school cures the violation. For the purposes of this subsection, "cure" means to destroy any information gathered in violation of this section and to provide written instruction to the individual circulating the survey, to be kept on file for one (1) year after receipt of the written notice of the alleged failure to comply.
The District will comply with the provisions of the Family Educational Rights and Privacy Act (FERPA) and the Individuals , the Individuals with Disabilities Education Act (IDEA), and the Protection of Pupil Rights Act (PPRA).
If a parent or eligible student believes that the District is violating the FERPA, that person has a right to file a complaint with the U.S. Department of Education. The address is:
The Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-4605
Telephone number: (202) 260-3887
Annual Notification
At the beginning of every school year, every school district and charter school shall obtain written informed consent from the parent of a pupil to participate in any survey pursuant to A.R.S. 15-117 for the entire year. A parent of a pupil may at any time revoke consent for the pupil to participate in any survey pursuant to subsection A of section 15-117. For any pupil who is at least eighteen years of age, the permission or consent that would otherwise be required from the pupil's parent pursuant to this section is required only from the pupil. All surveys conducted pursuant to subsection A of section 15-117 shall be approved and authorized by the school district or charter school. The school district or charter school is subject to the penalties prescribed in subsection L of section 15-117. A teacher or other school employee may not administer any survey pursuant to subsection A of section 15-117 without written authorization from the school district or charter school.
Adopted: date of Manual adoption
LEGAL REF.:
A.R.S.
15-101
15-102
15-104
15-117
15-141
15-142
15-249
15-741
20 U.S.C. 1232h 1232g, the Family Educational Rights and Privacy Act
20 U.S.C. 1232h, the Protection of Pupil Rights Amendment
20 U.S.C. 1400 et seq., Individuals with Disabilities Education Act
20 U.S.C. 7908
34 C.F.R. 30098
34 C.F.R. 98300
CROSS REF.:
JI - Student Rights and Responsibilities
JICEC - Freedom of Expression
JII - Student Concerns, Complaints, and Grievances
JR - Student Records
KB - Parental Involvement in Education
The Superintendent shall interpret the educational program to the people and invite discussions and suggestions on important educational issues, and shall attempt, at all times, to represent the entire community rather than any single group or section. The District shall pursue the following school-community relations goals:
● To A. To develop intelligent citizen understanding of the District in all aspects of its operation.
● To B. To determine how the citizenry feels about the District and what it wishes the District to accomplish.
● To C. To develop citizen understanding of the need for adequate financial support for a sound educational program.
● To D. To help citizens assume a more direct responsibility for the quality of education the District provides.
● To E. To earn the goodwill, respect, and confidence of the citizenry in the personnel and services of the District.● To
F. To bring about citizen understanding of the need for the improvement and what must be done to
facilitate essentialfacilitate essential change.
● ToG. To involve citizens in the work of the District and the solving of its educational problems.
● ToH. To invite the assistance, cooperation, and understanding of elected and appointed community officials
and committeesand committees in the development of educational programs and facilities.
●I. To promote a genuine spirit of cooperation between the District and community in sharing leadership for
the improvementthe improvement of the community.
Adopted: date of
manualManual adoption
The Superintendent, in consultation with parents, teachers, and administrators, shall develop a procedure procedures for parental involvement in the school(s). This These shall include:
● A. A plan for parent participation in the school designed to improve parent and teacher cooperation in such areas as such areas as homework, attendance, and discipline. ● A The plan shall provide for the administration of a parent-teacher satisfaction survey.
B. A method by which parents may learn about the course of study for their children and review learning materialslearning materials, including the source of any supplemental educational materials.
● A C. A procedure by which parents who object to any learning material or activity on the basis that it is harmful may harmful may withdraw their children from the activity or from the class or program in which the material is used and request and request an alternative assignment. Objection to a learning material or activity on the basis that it is harmful includes objection harmful includes objection to a material or activity because it questions beliefs or practices in sex, morality, or religion or religion or, because of sexual content, violent content, or profane or vulgar language.
● A D. A procedure by which parents or guardians of students enrolled in the District shall have access in advance to the advance to the instructional materials, learning materials and activities currently used by, or being considered for use byuse by, the District.
● A E. A procedure by which the District shall obtain signed, written consent from a student's parent or guardian before guardian before using video, audio or electronic materials that may be inappropriate for the age of the student.
● Procedures F. Procedures to prohibit the School District from providing sex education instruction to a student unless the studentthe student's parent provides written permission for the student to participate in the sex education curricula if the if the School District offers any sex education curricula pursuant to A.R.S. 15-711 on on the requirement to include instruction to include instruction to student in grades seven (7) through twelve (12) on laws relating to sexual conduct with a conduct with a minor or or 15-716 concerning concerning instruction on immune deficiency syndrome, or pursuant to any rules adopted rules adopted by the State Board of Education.
● Procedures G. Procedures by which parents will be notified in advance of and given the opportunity to withdraw their children from children from any instruction or presentations regarding sexuality in courses other than formal sex education curricula.
● Procedures H. Procedures by which parents may learn about the nature and purpose of clubs and activities that are part of the of the school curriculum, extracurricular clubs, and activities that have been approved by the school.
● Procedures I. Procedures by which parents may learn about parental rights and responsibilities under the laws of this state, including including the following:
■ The 1. The right to opt in to a sex education curriculum if one is provided by the District.
■ Open 2. Open enrollment rights pursuant to A.R.S. 15-816.01, relating to the District policies on open enrollmentopen enrollment.
■ The 3. The right to opt out of assignments pursuant to A.R.S. 1-601, Parents Bill of Rights. [See Exhibit KB-EB]
■ The 4. The right to opt out a child out of immunizations as authorized by A.R.S. 15-873, relating to an outbreak of outbreak of a communicable disease.
■ The 5. The promotion requirements prescribed in A.R.S. 15-701 for for students in grades one (1) through eight through eight (8).
■ The 6. The minimum course of study and competency requirements for graduation from high school prescribed school prescribed in A.R.S. 15-701.01.
■ The 7. The right to opt out of instruction on the acquired immune deficiency syndrome as provided by Aby A.R.S. 15-716.
■ The 8. The right to review their child's standardized norm-referenced test results pursuant to A.R.S. 15-743.
■ The 9. The right to participate in gifted programs pursuant as prescribed by A.R.S. 15-779.01.
■ The 10. The right to access instructional materials as directed by A.R.S. 15-730.
■ The 11. The right to receive the school's annual report card pursuant to A.R.S. 15-746.
■ The 12. The school attendance and age requirements for children prescribed in A.R.S. 15-802, 15-803 and and 15-821.
■ The 13. The right to public review of courses of study and textbooks in the common schools (preschool programs preschool programs through grade eight [8]), as prescribed in A.R.S. 15-721, and in high schools, prescribed in A.■ The R.S. 15-722.
14. The right to be excused from school attendance for religious purposes as described by A.R.S. 15-806.
■ Policies 15. Policies related to parental involvement pursuant to A.R.S. 15-102 and and set out herein.
■ The 16. The right to seek membership on school councils pursuant to A.R.S. 15-351, describing the purpose, duties duties, and membership of a school council. [Subject to the exemption of certain school districts exempted districts exempted as described in A.R.S. 15-352.]
■ The right to participate in a parental satisfaction survey to be distributed to the parent of every child enrolled at the school, pursuant to A.R.S. 15-353.
■ Information 17. Information about the student accountability information system (SAIS) as prescribed in section section 15-1042.
■ The 18. The right to access the failing schools tutoring fund pursuant to A.R.S. 15-241.
==================================================================
Optional language: The following outlined items (to next double line) setting out the manner in which parents may be made aware of the District's Parental Involvement Policy are optional in whole or in part as determined by the local Governing Board.
The District plan under this policy may also include:
A. Making parents aware of this District parental involvement policy, including:
1. Rights under the Family Educational Rights and Privacy Act (FERPA) of 1974, as revised (20 U.S.C. 1232g) relating to access to children's official records.
2. The parent's right to inspect the District policies and curriculum.
B. Efforts to encourage the development of parenting skills.
C. The communication to parents of techniques designed to assist the student's learning experience in the home.
D. Efforts to encourage access to community and support services for children and families.
E. The promotion of communication between the school and parents concerning school programs and the academic progress of the parents' children.
F. Identifying opportunities for parents to participate in and support classroom instruction at the school.
G. Efforts to support, with appropriate training, parents as shared decision makers and to encourage membership on school councils.
H. The recognition of the diversity of parents and the development of guidelines that promote widespread parental participation and involvement in the school at various levels.
I. The development of preparation programs and specialized courses for certificated employees and administrators that promote parental involvement.
J. The development of strategies and programmatic structures at schools to encourage and enable parents to participate actively in their children's education.
K. Provide to parents the information in this policy in an electronic form.
==================================================================
Resumés of all current and former instructional personnel shall be maintained and available for inspection of by parents and guardians of pupils enrolled. The resumé shall include individual educational and teaching background and experience in a particular academic content subject area.
For the purposes of this policy parent means the natural or adoptive parent or legal guardian of a minor child.
When a parent submits a written request for information to the Superintendent or a school principal during regular business hours:
● The A. The Superintendent or principal shall:
■ Deliver 1. Deliver the requested information to the parent within ten (10) calendar days, or
■ Provide 2. Provide to the parent a written explanation for denial of the requested information.
● If B. If the requested information is denied or is not received by the parent within fifteen (15) calendar days:
■ The 1. The parent may submit to the Governing Board a request for the requested information, and
■ The 2. The Governing Board shall consider the request at the next scheduled meeting of the Board on which the which the request can be properly noticed. If the request cannot be properly noticed on the next scheduled meeting scheduled meeting agenda, the Governing Board shall formally consider the request at the next subsequent public meeting subsequent public meeting of the Governing Board.
Parent Participation
A school-site parent organization will be established in each school within the District. The purpose of such organization is to seek citizen and parent advice and to engage in activities designed to facilitate parent and teacher cooperation in such areas as homework, attendance, and discipline.
In addition, the Superintendent will organize, on an annual basis, a parent advisory committee (PAC) composed of representative parents or citizens representing each school in the District. The PAC will meet throughout each school year to give advice relating to the planning, implementation, and evaluation of District instructional improvement and staff development programs; and to provide advice and counsel with regard to any or all District programs, projects, plans, and/or activities.
Parent organizations may participate in the encouragement, coordination, and scheduling of conferences between parents and teachers consistent with District policy. The scheduling of opportunities for parents to learn about courses of study for their children and to review learning materials being used in the school is strongly encouraged.
Pursuant to A.R.S. 15-102(3), parents who object to any learning material or activity on the basis that it is harmful may withdraw their children from the activity or from the class or program in which the material is used. Prior to any withdrawal, the parent or guardian must follow the "Procedure for Handling Questioned Speakers or Materials," consistent with District policy.
Adopted: November 8, 2011Adopted: date of Manual adoption
LEGAL REF.:
A.R.S.
1-601
1-602
15-101
15-102
15-113
15-117
15-341
15-722
CROSS REF.:
ABA - Community Involvement in Education
IHBD - Compensatory Education
IJ - Instructional Resources and Materials
IJND - Technology Resources
JHD - Exclusions and Exemptions from School Attendance
KDB - Public's Right to Know/Freedom of Information
REGULATION
PARENTAL INVOLVEMENT
IN EDUCATION
Parent and Teacher Cooperation in
Homework, Attendance, and Discipline
When homework, attendance, and discipline rules are being considered, a procedure similar to, but not limited to, the following shall be used:
● AnA. An ad hoc committee shall be appointed by the appropriate administrative officer under the
provisions of Boardprovisions of Board policy. The committee will study the issue and make recommendations to the
appointing administratorappointing administrator. The committee will be dissolved when the final report is submitted.
● SchoolB. School staff members, including teachers, will be appointed to study the issues and report to
the appointing administratorthe appointing administrator. The administrator will schedule hearings on the staff report, give
parents sufficientparents sufficient notice, and conduct hearings to permit parent reaction to the staff report, copies of
which shallwhich shall be readily available
for parentfor parent review. Following the hearings, the administrator will
prepareprepare recommendations that give careful consideration to the views of teachers and parents. Such recommendations will be submitted to the Superintendent unless the recommendations are
prepared byprepared by the Superintendent, in which case
the recommendationsthe recommendations will be submitted to the Board.
Parents' Access to Courses of Study
and Learning Materials
Parents who wish to learn about the course of study for their children or to review learning materials shall do so under provisions of Board Policy IJ and supporting regulations.
Parental Objections to Learning
Activities or Materials
Parents who wish to object to any learning activities or learning materials may do so under provisions of Board Policies IJ, KB and supporting regulations.
Availability of Instructional
Employee Resumés
The administration shall inform parents of the availability of each teaching employee's resumé and make that document available for inspection upon request of parents or guardians of pupils enrolled at a school. Such information shall not include teacher address, salary, social security number, and telephone or other personally identifiable information as determined by the District.
EXHIBIT
PARENTAL INVOLVEMENT
IN EDUCATION
RESUMÉ OUTLINE
Instructor Identification
______________________________ _____________________________
Name Current teaching assignment(s)
__________________________________________
Professional Preparation
Certificated to teach in current
assignment ◻ yes ◻ noassignment o yes o no
Emergency or provisional
status ◻ yes ◻status o yes o no
Institution Institution
◻ Bacheloro Bachelor Degree ______________
◻ Masterso Masters Degree ______________
◻ Doctorateo Doctorate Degree ______________
◻ Othero Other _____________________
Education/_____________________
Training _____________________
__________________________________________
Professional Experience
|
*Grade Level for self-contained classroom;
Subject Area for departmentalized courses.
EXHIBIT
PARENTAL INVOLVEMENT
IN EDUCATION
PARENTS' BILL OF RIGHTS*
(Enacted by the 49th Arizona Legislature,
2nd Regular Session (2010)
Session Law SB1309, Chapter 307
Arizona Revised Statutes 1-601 and 1-602)
Parents' Rights Protected
The liberty of parents to direct the upbringing, education, health care and mental health of their children is a fundamental right.
This state, any political subdivision of this state or any other governmental entity shall not infringe on these rights without demonstrating that the compelling governmental interest as applied to the child involved is of the highest order, is narrowly tailored and is not otherwise served by a less restrictive means.
Parents' Bill of Rights; definition
All parental rights are reserved to a parent of a minor child without obstruction or interference from this state, any political subdivision of this state, any other governmental entity or any other institution, including, but not limited to, the following rights:
● TheA. The right to direct the education of the minor child.
● AllB. All rights of parents identified in Title 15, including the right to access and review all records relating to
the minorthe minor child.
● TheC. The right to direct the upbringing of the minor child.
● TheD. The right to direct the moral or religious training of the minor child.
● TheE. The right to make health care decisions for the minor child, including rights pursuant to sections 15-873, 36-2271 and 36-2272, unless otherwise prohibited by law.
● TheF. The right to access and review all medical records of the minor child unless otherwise prohibited by law or
the parentthe parent is the subject of an investigation of a crime committed against the minor child and a law
enforcement officialenforcement official requests that the information not be released.
● TheG. The right to consent in writing before a biometric scan of the minor child is made pursuant to section 15-109.
● TheH. The right to consent in writing before any record of the minor child's blood or deoxyribonucleic acid is created,
storedstored or shared, except as required by section 36-694, or before any genetic testing is conducted on
the minorthe minor child pursuant to section 12-2803 unless authorized pursuant to section 13-610
oror a court order.
●I. The right to consent in writing before the state or any of its political subdivisions makes a video or
voice recordingvoice recording of the minor child, unless the video or voice recording is made during or as a part of a
court proceedingcourt proceeding, during or as part of a forensic interview in a criminal or child protective services
investigation orinvestigation or to be used solely for any of the following:
■1. Safety demonstrations, including the maintenance of order and discipline in the common areas
of a schoolof a school or on pupil transportation vehicles.
■2. A purpose related to a legitimate academic or extracurricular activity.
■3. A purpose related to regular classroom instruction.
■4. Security or surveillance of buildings or grounds.
■5. A photo identification card.
●J. The right to be notified promptly if an employee of this state, any political subdivision of this state, any
other governmentalother governmental entity or any other institution suspects that a criminal offense has been committed against
the minorthe minor child by someone other than a parent, unless the incident has first been reported to law
enforcement andenforcement and notification of the parent would impede a law enforcement or child protective services investigation.
ThisThis paragraph does not create any new obligation for school districts and charter schools to report misconduct between students at school, such as fighting or aggressive play, that are routinely addressed
as studentas student disciplinary matters by the school.
● TheK. The right to obtain information about a child protective services investigation involving the parent pursuant
to sectionto section 8-807.
● ThisL. This section does not authorize or allow a parent to engage in conduct that is unlawful or to abuse or
neglect a childneglect a child in violation of the laws of this state. This section does not prohibit courts, law enforcement officers
or employeesor employees of a government agency responsible for child welfare from acting in their official capacity
within the scopewithin the scope of their authority. This section does not prohibit a court from issuing an order that is
otherwise permittedotherwise permitted by law.
● AnyM. Any attempt to encourage or coerce a minor child to withhold information from the child's parent shall
be groundsbe grounds for discipline of an employee of this state, any political subdivision of this state or any
other governmentalother governmental entity, except for law enforcement personnel.
● UnlessN. Unless those rights have been legally waived or legally terminated, parents have inalienable rights that
are moreare more comprehensive than those listed in this section. This chapter does not prescribe all rights of parents.
UnlessUnless otherwise required by law, the rights of parents of minor children shall not be limited or denied.
● ForO. For the purposes of this section, "parent" means the natural or adoptive parent or legal guardian of a
minor childminor child.
*Note: The literal language of the Parents' Bill of Rights is retained as enacted by the Legislature. However, the layout and style has been modified to be consistent with that of the other documents in the District's Manual of Governing Board Policies and Administrative Regulations. Where the term "section" appears it is to be understood as the identified section of the Arizona Revised Statutes (A.R.S.).
The Superintendent will maintain formal and informal communication channels between Indian tribal councils and the District staff, will keep the Board fully informed of the effectiveness of this policy and will, when necessary, make recommendations for improving its effectiveness.
Once each year a status report based on public school performance measurements shall be made to each Indian Nation with tribal lands located within the school district boundaries and the Arizona Department of Education. The contents of the status report shall be written in brief format, as specified in A.R.S. 15-244, and may be subject to rules developed by the Arizona State Board of Education.
Adopted: date of Manual adoption
LEGAL REF.:
A.R.S.
15-244
CROSS REF.:
IHBJ - Indian Education
While the Board may, and should, provide information to the public on school building needs, it may not use District funds to advocate "yes" votes on bond issues.
It shall be the policy of the Board to use the input from a citizens' advisory committee in examining educational and building needs of the District.
As the need for a bond issue arises, a citizens' committee may encourage and promote the passage of the bond issue and collect funds needed for such promotion.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-491
15-492
15-493
A.G.O.
I79-192
I83-117
(Parental Involvement)
All students shall have the opportunity to participate in school programs on an equal basis, depending upon each student's individual ability and needs.
The District is governed according to state law by the local Board, which is elected by vote of the citizens residing within the District boundaries. District policies require that 1) the meetings of the Board are open to the public, 2) the public is invited and encouraged to attend meetings, and 3) the public may, upon request, speak to the Board regarding their views and desires as they pertain to the education of the students who attend the District schools. When it is deemed necessary and/or advisable, the Board has the authority to take steps that will promote an active role of the public. The District promotes a willingness to involve Indian people in the educational process of their children.
The main groups of parents with children who are eligible under Impact Aid provisions are 1) parents who are certified as American Indians and 2) parents who live on federal land or who work for the federal government.
The provision will be made to ensure that parents are involved in schools in different ways because of the different needs involved. The District will involve parents of Indian students. The majority of the parents serving on such committees will be those who reside on Indian lands. The purpose of such committees is to advise the District regarding the identification of special programs and services that are needed to help ensure that the educational and social development of all Indian students attending the District are as excellent and appropriate as possible. Meetings with such parents will be held during each school year. The dates of these meetings, as well as a record of the minutes, will be on file in the District office and will be available for inspection during normal office hours. In addition, the names and addresses of parents who have participated on such committees throughout the years will be on file. Normal business brought to such committees will include descriptions of regular District programs as well as programs designed specifically for Indian students. Parents will serve in an advisory capacity, assisting the District in planning the best programs possible. Included in such meetings will be public hearings designed for all parents of Indian students. The public hearings will be widely advertised, and all Indian parents will be encouraged to attend. These meetings will be designed to provide Indian parents the opportunity to advise the District regarding the education of Indian students. In addition to these meetings, each year the District will conduct a formal needs-assessment program that encourages the participation of all parents in the identification of the educational needs of Indian students. The District has not limited its activities, in the area of attempting to gain Indian involvement, solely through the use of meetings of formal needs-assessment procedures. An administrator will serve as coordinator of all Indian education programs in the District. An Indian resource staff will also be employed by the District. Such personnel will work with Indian people to obtain their viewpoints regarding the programs that the District offers Indian students. The District will take formal action to accept federal funds, utilizing the parent committees as part of that formal application procedure. The Governing Board, in formally approving the project, gives its formal approval to the formation of the Indian parent committees. Minutes of the Board will be available at the District office. Written notices of the meetings will be sent to parents, and parents are also contacted personally by telephone.
All parents will be informed of Governing Board meetings through notices posted at the District office. Parents may take an active role in attending Board meetings, in petitioning the Board, in filing and campaigning for a seat on the Board, and by serving on Board advisory committees that advise the Board and the administration. Individual parents, students, or employees may ask to speak to the Board.
Adopted: date of Manual adoption
LEGAL REF.:
20 U.S.C. 7701 et seq., Impact Aid Act
The Board has the authority to accept gifts and donations as may be made to the District or to any school in the District.
The Board reserves the right to refuse to accept any gift that does not contribute toward the achievement of the goals of this District and the ownership of which would tend to adversely affect the District.
Any gift accepted by the Board shall become the property of the District, may not be returned without the approval of the Board, and is subject to the same controls and regulations as are other properties of the District. The Board shall be responsible for the maintenance of any gift it accepts, unless otherwise stipulated.
The Board will make every effort to honor the intent of the donor in its use of the gift, but reserves the right to utilize any gift it accepts in the best interest of the educational program of the District.
In no case shall acceptance of a gift be considered to be an endorsement by the Board of a commercial product or business enterprise or institution of learning.
The Superintendent shall:
● EncourageA. Encourage individuals and organizations considering contributions to the schools to consult
with the Superintendentwith the Superintendent on the appropriateness of any such gifts.
● ReportB. Report to the Board all gifts that have been offered to the District, for their review and action.
● AcknowledgeC. Acknowledge the receipt and value of any gift accepted by the District, and prepare fitting means,
as appropriateas appropriate, for recognizing or memorializing gifts to the District.
Gifts shall be recorded in appropriate inventory listing(s) and property records.
School-Business Partnerships
In the interest of developing and maintaining positive and worthy school-business partnerships, the Governing Board endorses the concept of private funding for certain school programs and activities in cooperation with District efforts. The Superintendent and the staff are encouraged to actively solicit the interest of private business groups for the purpose of establishing the aforementioned relationships.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-341
15-393
15-1224
A.G.O.
I80-156
CROSS REF.:
DDA - Funding Sources Outside the School System
REGULATION
PUBLIC GIFTS / DONATIONS
TO SCHOOLS
To be acceptable, a gift must satisfy the following criteria:
● It A. It will have a purpose consistent with those of the school.
● It B. It will be offered by a donor acceptable to the Board.
● It C. It will not begin a program that the Board would be unwilling to take over when the gift or grant funds are exhaustedfunds are exhausted.
● It D. It will not bring undesirable or hidden costs to the school system.
● It E. It will place no restrictions on the school program.
● It F. It will not imply endorsement of any business or product.
● It G. It will not be in conflict with any provision of the school policy or public law.
All gifts, grants, and bequests shall become District property and subject to policies of the District.
EXHIBIT
REPORTING CHILD ABUSE /
CHILD PROTECTION
SUSPECTED ABUSE, PHYSICAL INJURY, CHILD ABUSE,
REPORTABLE OFFENSE OR NEGLECT
To: Child Protective Services, D.E.S. (or law enforcement agency)
Student's Birth
name _____________________________________ date __________ Sex ____
Address ____________________________________________________________
Names of parents/guardians ____________________________________________
E-mail address ______________________________________________________
School _______________________ Grade _____ Teacher _________________
Description of suspected present or prior abuse, child abuse, physical injury,
or neglect (use additional page if necessary) _______________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
Symbols: Severity:
A = Abrasion (1) = Mild
Bl = Blister (2) = Moderate
Bu = Burn (3) = Severe
Br = Bruise
La = Laceration
Le = Lesions
S = Scar
R = Rash
V = Vermin
O = Other (describe)
_______________________________________________ __________________
Signature and Title of Person Making the Report Date
Oral Report to: Name _________________________________________________
Agency ________________________________ Position ___________________
Date _____________________________ Time __________________________
Written report to ____________________________ Date ___________________
Copy filed in school nurse's office
The Superintendent has the responsibility of keeping the public informed as to the purpose, goals, methods, and progress of the educational program. Accuracy, reliability, and leadership in this area will develop confidence and understanding, creating better relationships between the District and the community. All school personnel are responsible for good public relations.
All written notices, bulletins, newsletters, and matters pertaining to students are to be approved prior to release. Matters that pertain to an individual school and are created by school personnel are to be approved by the principal prior to release. Matters that pertain to the District and are created by District personnel are to be submitted for approval to the Superintendent prior to release.
Non-school-originated material shall not be released through the students without the approval of the principal.
This policy is not intended to interfere with the responsibility of District personnel to communicate directly with the parents or legal guardians of a particular student in areas affecting that student's progress at school. It is intended to ensure that prompt, reliable, and accurate information is released to the parents and patrons of the District.
Adopted: September 23, 2003date of Manual adoption
CROSS REF.:
KHC - Distribution/Posting of Promotional Materials
The Board recognizes the right of the public to information concerning its actions, its policies, and the details of its educational and business operations. The Board encourages study, discussion, and active participation by all concerned in the promotion of the best possible program of education in the community. It is the practice of the Board to utilize the advice and assistance of interested individuals and groups in the solution of its educational and financial problems.
In recognizing the cooperating organizations in the District and by encouraging their active participation in educational policy making, the Board wishes to make it clear that in no way does it wish to escape its responsibility to the citizens of the community as the official governing body responsible for a final decision on all matters of policy and educational programs. The Board accepts the following basic principles that are essential to a good public-relations program:
● TheA. The Board will transact all official business in open meetings (except as exempted by law), which the press,
thethe public, and school employees are welcome to attend, and at which time communications, both oral
and writtenand written, may be received and considered when placed on the agenda.
● TheB. The Board will function as speedily and as efficiently as circumstances permit, and always with due regard
for thefor the public interest.
● BoardC. Board members will familiarize themselves with the work of the school system in all major areas and
shall bringshall bring to the schools the viewpoint, the knowledge, and the wisdom of the community.
● TheD. The Board will make provision for keeping a record of the proceedings of all meetings. Minutes of all
Board meetingsBoard meetings (except executive sessions) shall be considered matters of public record.
● TheE. The Board will keep in mind that maintaining the confidence and respect of the community is of
paramount importanceparamount importance to the success of the educational program of the District.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
38-431 to to 38-431.09
39-101
39-103
39-121 et seq.
A.G.O.
I83-006
I84-179
I85-023
I86-090
I91-004
I13-012
CROSS REF.:
EBC - Emergencies
REGULATION
PUBLIC'S RIGHT TO KNOW /
FREEDOM OF INFORMATION
Public records of the District will be open for inspection by any person as provided by law.
Public record means any recorded information that is made, maintained, or kept by, or is in the possession of, the District. Such records include minutes of the Governing Board, agendas, financial records, contracts, and statistical summaries.
The office of the Superintendent will be open to receive requests for records inspection or copying during normal business hours on Monday through Friday.
Requests for access to records shall be made in writing and directed to the office of the Superintendent.
All persons requesting inspection and/or copying of public records must attest that they have not requested the public records of the District for a commercial purpose. If the records are requested for a commercial purpose, the requester must provide a statement, verified by the requester, setting forth the commercial purpose for which the materials will be used.
The above declaration will be made and signed on the official form provided by the District for requesting inspection and/or copying of public records.
The Superintendent may shall permit access to, or provide for the copying of, the records requested within a reasonable period of time following receipt of the signed promptly following the request or will provide an explanation of a cause for further delay and will give notification of the time the records will be available, or, if access is denied, the Superintendent will provide a written statement of the grounds for denial.
Requirements of access and inspection apply only to existing records and do not require creation of new records. Public inspection of a document that otherwise would be a public record may be denied by the Superintendent if ( 1) the record is made confidential by statute, ( 2) the record involves the privacy interests of persons, or ( 3) disclosure would be detrimental to the best interests of the District. If a public record contains material that is not subject to disclosure, the District will delete such material and make available to the requester such material in the record as is subject to disclosure.
Records contained on a computer will be provided only in the form in which the information can be made available using existing computer programs.
Copies of radio or recording tapes of discs, video or films, pictures, slides, graphics, illustrations, or similar audio or visual items or devices will not be furnished unless such items or devices have been shown or played at a public meeting of the Governing Board.
A fee shall be levied on each request to cover the cost of making copies, staff time, computer time, etc. Fees . The fee will be collected prior to releasing material.
The fees will be based upon the following:
● 25¢ A. ___________ (____) per copy for materials indicated as Board minutes, agendas, financial records, contracts, courses courses of study, or statistical summaries.
● 25¢ B. ___________ (____) per copy for materials not listed above that require additional clerical and/or professional staff time to make available.
● Actual C. Actual cost, if available, will be assessed.
● Free D. Free copies shall be furnished if they are to be used in claims against the United States.
Commercial Purpose
When a person requests copies, printouts or photographs of public records for a commercial purpose, the person shall provide a statement setting forth the commercial purpose for which the copies, printouts or photographs will be used. Upon being furnished the statement the Superintendent may furnish reproductions of the such requested records. The charge for such records shall include the following:
A. A portion of the cost for the District to obtain the original or copies of the documents, printouts or photographs requested.
B. A reasonable fee for the cost of time, materials, equipment and personnel in producing such reproduction.
C. The value of the reproduction on the commercial market as best determined by the Superintendent.
If the Superintendent determines that the intended commercial use is a misuse of the requested public records or is an abuse of the right to receive public records, the Superintendent may apply to the Governor requesting that the Governor, by executive order, prohibit the furnishing of copies, printouts or photographs for such commercial purpose. If the Governor determines that such public record shall not be provided for commercial purpose the Governor shall issue an executive order prohibiting the providing of the requested records for such commercial purpose. If no order is issued within thirty days (30) of the date of application, the Superintendent shall provide reproductions of requested copies, printouts or photographs upon being paid the fee determined pursuant to this regulation.
The Superintendent shall advise the Board when District records are requested for commercial purposes.
EXHIBIT
PUBLIC'S RIGHT TO KNOW /
FREEDOM OF INFORMATION
REQUEST FOR PUBLIC RECORDS OF
THE SCHOOL DISTRICT
Note: It is not required by law that this form be filled out by a person requesting public records. The District may request the document be filled out or the District may use the document internally as documentation of public records requests.
Name ___________________________________
____ Date ________________
Address ____________________________________________________________
(street) (city)
(state)
(zip)
Phone: Home ______________________
Work__ Work ________________________
E-mail address ______________________________________________________
Nature of request:
◻
o Opportunity to review records (no original record may leave
the
the
custodian's office)
◻
o Copies of records.
Please read and sign the following statement:
I have requested public records of the School District for a noncommercial purpose. I understand that if the records should be used for a commercial purpose, a verified statement of the purpose must be submitted per A.R.S.
____________________
__ _________________________________________
(Date) (Signature)
Notice: A fee will be charged for copying based upon actual cost for providing the information.
Records
requestedrequested (please be as explicit as possible as to the records you desire):
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
Publications issued by and in the name of the schools of this District shall reflect a high quality of editorial content and format. The exercise of appropriate economy in materials and production is expected as long as the main purpose is not jeopardized.
Articles circulated or submitted for publication by District employees in which the District, or employees of the District, are mentioned directly or indirectly must be cleared by the Superintendent.
Adopted: date of
manualManual adoption
The participation of students in interpreting the educational program of the schools to the community shall be encouraged with the understanding that:
● Students A. Students shall not be exploited for the benefit of any individual or group.
● Students B. Students shall participate only in appropriate situations.
● The C. The use of students shall always be evaluated in terms of the effect on the students.
● Students D. Students shall not solicit or promote District issues without approval by the Superintendent's office.
● The E. The best possible community relations grow from a superior teaching job in the classroom. Enthusiastic Enthusiastic students with serious intentions, well directed by sympathetic and capable teachers, communicate positively with communicate positively with parents and the community. This shall be the cornerstone of good community relations in the relations in the District.
Adopted: date of
manualManual adoption
EXHIBIT
RELATIONS WITH EDUCATION
RESEARCH AGENCIES
CONSENT FORM
Date ___________________
Dear _____________________________,
(parent or guardian)
This is to advise you that on _______________ at the ___________________________
mm/dd/yr name location
the following program/survey/activity will be conducted: (provide an explanation of the program/survey/activity)
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Please be advised that copies of the actual event documents can be inspected at
_______________________________________________________________________.
(enter the location name, address and contact person).
If you will allow your child to participate in the above described program please sign and
return this form to ________________________________________________________.
(insert the name of the person and location for return of the permission form).
I give permission for my child to participate in the above indicated event.
____________________________________ _____________________ _________
Student's name School Grade
____________________________________ ________________________________
Parent's or Guardian's Signature Date
____________________________________ ________________________________
Student's Signature (if age eighteen or older) Date
It shall be the policy of the Board to permit news media coverage of sports events to include radio and video broadcasts. Arrangements for such coverage and the use of any school facilities shall be made in advance with the Superintendent.
As an assurance that the community will have complete coverage of such events, it shall further be the policy to require any local broadcasting firm that broadcasts home games to also broadcast out-of-town games.
The Superintendent is delegated full authority to award approval for media coverage of District-sponsored eventsThe Board recognizes its responsibility to provide information to the community and actively seeks to establish a good working relationship with local news media.
To promote a positive relationship between the District and the media, the Board shall provide information to the media concerning the programs and activities of the District as well as matters pending before the Board.
Adopted: date of
manualManual adoption
CROSS REF.:
KDC - School-Sponsored Information Media
All communication with the news media for the purposes of seeking or arranging news coverage, providing official statements from the District, or responding to requests from the news media shall be channeled through the office of the Superintendent.
Adopted: date of
manualManual adoption
CROSS REF.:
KD - Public Information and Communications
KDC - School-Sponsored Information Media
Whenever a complaint is made directly to the Board as a whole or to a Board member as an individual, it will be referred to the school administration for study and resolution, if possible.
The administration will develop a procedure for courteously receiving complaints, and will take steps to make proper replies to complainants. If resolution of a problem cannot be accomplished at the building level, either party may refer the matter to the Superintendent for review.
The Board will consider hearing citizen complaints when they have not been resolved by the administration. Matters referred to the Board as a whole must be in writing, should clearly identify the problem, and specifically state the desired action. The Board will not consider or act on complaints that have not been explored at the appropriate administrative level.
Adopted: date of
manualManual adoption
REGULATION
PUBLIC CONCERNS AND COMPLAINTS
If a member of the community has a complaint, the following procedures are intended to assist in its resolution:
● IfA. If the matter relates to a student, and it is appropriate, talk with the student's teacher. If the matter
remains unresolvedremains unresolved, talk with the
buildingschool administrator.
● IfB. If resolution of a problem cannot be accomplished at the building level, either party may refer the matter
to theto the Superintendent for review.
● WhenC. When a complaint is made directly to the Board as a whole or to a Board member as an individual, it will
be referredbe referred to the school administration for study and resolution, if possible.
EXHIBIT
PUBLIC CONCERNS AND COMPLAINTS
(This Form to be Submitted to the Superintendent)
Person(s) or group filing complaint __________________________________
Complainant's address _________________________ Phone ___________
Complainant's E-mail address _____________________________________
Date complaint is filed ____________________________________________
Has problem been discussed with the administration?
◻ Yes ◻ No Date ______________________________________
Summary of the charges (description of incident or event, including date, place, time, additional persons, alleged problem, and suggested solution):
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
Identification of other witnesses or persons with information about concern:
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
The Projected Solution
Indicate what you think can and should be done to solve the problem. Be as specific as possible.
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________ _____________________
Signature of complainant Date
The administration shall give one (1) copy to the complainant and shall retain one (1) copy for the file.
Trust in staff members and support for their actions should be such that employees are freed from unnecessary, spiteful, or negative criticisms and complaints.
In spite of this, criticisms and complaints may be forthcoming from the community. These complaints are best handled starting at the school level and, when necessary, should proceed through the various administrative levels.
All complaints shall be referred to the Superintendent for investigation. The employee involved shall be given an opportunity, at each administrative level at which the matter is reviewed, for explanation, comment, and presentation of facts, either formally or informally. The employee will be afforded elements of due process as provided in Arizona law.
Adopted: date of
manualManual adoption
CROSS REF.:
BBAA - Board Member Authority and Responsibilities
BEDH - Public Participation at Board Meetings
SUGGESTED MOTIONS TO ACCOMPLISH
POLICY MANUAL ADOPTION
Initial Motion
"I move to rescind and nullify all current and past policies of the __________________________________________ School District No. ___."
If the motion carries, the Board should
proceed to act on the following motion.
Subsequent Motion
"I move we adopt the Policy Manual developed with consulting assistance from the Arizona School Boards Association, containing selected retained documents from the predecessor Manual and new and modified documents hereby prescribed and approved by the Board."
REGULATION
PUBLIC CONCERNS / COMPLAINTS
ABOUT PERSONNEL
Required Information
The following information concerning a complaint is required:
● The A. The name(s) of the person(s) making the complaint.
● Whether B. Whether the person(s) making the complaint represents an individual or a group. If a group is represented, information shall be provided about the nature of the group and the manner in which the group has reviewed reviewed and taken a position on the matter.
● Whether C. Whether the person(s) making the complaint has discussed the problem with the employee in question.
● A D. A summary of the complaint(s) and of the above three (3) items.
Processing of Complaint(s) Following
Written Summation
The complaint shall be presented to the employee toward whom it is directed, together with a suggested solution, personally and in writing, by the person(s) filing the complaint. It is the responsibility of the employee's supervisor to keep the Superintendent informed as the matter is reviewed at the various administrative levels.
The employee will have a minimum of five (5) working days in which to reply to the complaint at each administrative level at which the matter is reviewed.
If the complaint is not resolved between the originator of the complaint and the employee, the complaint shall be reviewed by the employee's supervisor. Until the matter is resolved, it may be reviewed at each successive administrative level.
The Superintendent shall be the final administrative level.
Following the decision of the Superintendent, if any of the parties concerned deem it necessary, the matter may be referred to the Board within ten (10) working days following the Superintendent's decision.
The Board shall consider all facts and provide the employee with all elements of due process in reaching a decision.
EXHIBIT
PUBLIC CONCERNS / COMPLAINTS
ABOUT PERSONNEL
PUBLIC COMPLAINTS ABOUT SCHOOL PERSONNEL
(This Form to be Submitted to the Employee's Supervisor)
Person against whom the complaint is made __________________________
Employee's position __________________ School/dept. _______________
Person(s) or group filing complaint __________________________________
Complainant's address _________________________ Phone ___________
Complainant's E-mail address _____________________________________
Date complaint is filed ____________________________________________
Has problem been discussed with the employee?
◻ Yes ◻ No Date ______________________________________
Has problem been discussed with the employee's supervisor?
◻ Yes ◻ No Date ______________________________________
Summary of the charges (description of incident or event, including date, place, time, additional persons, alleged improper conduct, and suggested solution):
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
The Projected Solution
Indicate what you think can and should be done to solve the problem. Be as specific as possible.
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________ _____________________
Signature of complainant Date
The administration shall give one (1) copy to the complainant and shall retain one (1) copy for the file.
Occasional objections to the selection of instructional materials may be made by the public despite the care taken to select materials most valuable for the student and the teacher. The complainant will be asked to complete the form "Citizen's Request for Reconsideration of Instructional Material." Upon receipt of a request for reconsideration, the Superintendent will review the work in question. After review by the Superintendent, copies of the request form and the report will be sent to the principal and the citizen.
If not satisfied with the decision contained in the report, the citizen may appeal the decision to the Board.
Should a complaint reach the Board, the Board may refer the matter back to the Superintendent for further review, or the Board may review the materials in question in the light of its policy establishing criteria for the selection of materials.
Adopted: date of
manualManual adoption
EXHIBIT
PUBLIC CONCERNS / COMPLAINTS
ABOUT INSTRUCTIONAL RESOURCES
CITIZEN('S ) REQUEST FOR RECONSIDERATION OF
OF INSTRUCTIONAL PRINTED MATERIALSMATERIAL
Author Author _______________ Hardcover ____ Paperback _____ Other media _____
Title _________ ◻ Hard Cover ◻ PaperbackTitle __________________________ Copyright date ____________
Publisher (if known) __________________________Publisher (if known) ______________________
Request initiated by__________________________ Telephone ____Request initiated by _________
Address ___________________________________________Telephone ______________
Complainant's E-mail address _____ Address ___________________________________
Complainant
represents: ◻ Himself/Herself himself or herself
◻ Organization (please name (name organization): ________________________________________
◻ Other Group (please identify other group) : ______________________________________
(For the following questions use back of sheet if more space is needed.)
1. Did you read the entire book or article? _______ What parts?
2. What
Please use the reverse side for additional
space or comments
To what in the material do you object? (Please be specific; cite pages.)
What do you feel might be the result of a student reading the use of this material?3. For
For what age group would you recommend this material?
4. What What do you feel is good about the book or article?
5. To what in the book or article do you object? (Please be specific; cite pages.)
6. Are this material?
Did you review the entire material?______ What parts?
Are you aware of the judgment of this material by literary critics?
7. What What do you believe is the theme of this book or article?8. What material?
Are you aware of the instructional purpose in using this work?
What would you like your school the District to do about this material?
◻ Do not assign or recommend it to my child (children).
◻ Do not assign it to students.
◻ Withdraw it from all students as well as from my childpatrons of the library.
◻ Assign Refer it only to _________________________ (group or grade level)9. In to an official committee for reevaluation.
In its place, what book or article material of equal literary quality and similar content would you recommend that would convey as valuable a picture and perspective of our civilization?
___________________ _____________________ ________________________
Date
Signature of complainant Signature of Complainant
Date
The Superintendent shall establish procedures to be used by citizens of the District who have complaints about District facilities or services. Such procedures shall provide for administrative review of such complaints and, further, shall provide for Board review at the request of the complainant if the matter is not resolved by administrative review.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-341
15-342
29 U.S.C. 794 , Rehabilitation Act of 1973, (Section 504)
REGULATION
PUBLIC CONCERNS / COMPLAINTS
ABOUT FACILITIES AND SERVICES
Citizens of the District who have complaints about District facilities or services may register such complaints with the site administrator.*
Required information concerning complaint:
● NameA. Name(s) of person(s) making the complaint.
● Whether B. Whether the person(s) represents an individual or group.
● Whether C. Whether the person(s) making the complaint has discussed the problem with the site administrator.
● A D. A summary of the complaint and suggested solution.
Processing of complaint:*
● A. Level 1. The complaint shall be presented in writing, with a suggested solution, to the site administrator. Five Five (5) working days will be allowed for a reply.
● B. Level 2. If a satisfactory response is not received within five (5) working days, a copy of the complaint may be may be forwarded to the Superintendent, who will have ten (10) working days to reply.
● C. Level 3. If a satisfactory response is not received within ten (10) working days, a copy of the complaint may be complaint may be forwarded to the Governing Board for its consideration. Consideration as to the disposition of the complaint the complaint will be given within thirty (30) days.
*If the matters of concern are eligibility and related procedures, procedural safeguards, or provision of a free and appropriate public education, the matter may be referred at any juncture in the procedure to the appropriate compliance coordinator.
EXHIBIT
PUBLIC CONCERNS / COMPLAINTS
ABOUT FACILITIES AND SERVICES
Complainant ___________________________________________________
Representing ___________________________________________________
Date of presentation _____________________________________________
School (if appropriate) ____________________________________________
Prior contacts with the site administrator or teacher _____________________
______________________________________________________________
______________________________________________________________
Statement of complaint:
Action requested:
Signature ______________________________________________________
Leasing (renting)
School facilities and property may be leased to extended day resource programs and any person, group or organization for any lawful purpose in the interest of the community. The purposes include but are not limited to the following:
● recreational, ● scientific,
● educational, ● social,
● political, ● religious,
● economic, ● other civic,
● artistic, ● or governmental.
● moralA. recreational, G. scientific,
B. educational, H. social,
C. political, I. religious,
D. economic, J. other civic,
E. artistic, K. or governmental.
F. moral,
A reasonable use fee shall be charged for the lease of school facilities and property and this fee may be offset by goods contributed or services rendered by the lessee. "Reasonable use fee" means an amount that is at least equal to the cost for utilities, services, supplies or personnel provided to the lessee pursuant to the terms of the lease.
Uncompensated Use
The Superintendent may permit the uncompensated use of facilities and property by any school related group, including student political organizations, or by any organization whose membership is open to the public and whose activities promote the educational function of the District. "Education function" means uses that are directly related to the educational mission of the District as adopted by the Board and includes the educational mission related uses of parent - teacher organizations, youth organizations and school employee organizations. Use of facilities or property by organizations indicated above that will require a substantial District cost for utilities, services, supplies and/or personnel may be permitted only if goods contributed, services rendered or payments are made to reimburse these costs to the District.
The mission of the District is found in section A of the policy manual (see cross referenced policies below). The mission statement and the group's or organization's promotion of the educational function through the activity, as interpreted by the Superintendent in good faith, will be the basis upon which uncompensated use of District facilities and property shall be approved or denied.
Generally
The Superintendent shall annually recommend a fee schedule to the Board for the lease of school property and such schedule shall include a procedure for determining the value of goods and services being provided as compensation for the use of school property. The schedule shall include a designation of those groups whose activities promote the educational function of the School District as determined in good faith by the Superintendent and presented for Board review.
Property not associated with the use of facilities is covered in section E of the policy manual (see cross referenced policies below). The District will use its best efforts to avoid conflicts with approved use of the facilities and property but no lease or use provision shall be effective if the administrator of the facility finds that it would cause delay, cancellation, or rescheduling of a school-sponsored activity.
Proof of liability insurance shall be required for the use or lease of school property pursuant to A.R.S. 15-1105. The School District and its Governing Board, employees, and agents shall be named an additional insured under the liability insurance policy during the use of the facilities and property.
The School District and its employees, including the Governing Board, Superintendent or Chief Administrative Officer, are immune from civil liability with respect to all decisions made and actions taken to allow the lease or use of school property, unless the School District or its employees are guilty of gross negligence or intentional misconduct. This does not limit any other immunity provisions that are prescribed by law.
The Superintendent shall establish such rules and regulations as are needed to implement this policy as well as to assure the preservation of District property.
The lessee of school facilities must affirm knowledge of and enforce the requirements and restrictions set out in Chapter 28.1 of A.R.S. Title 36 related to medical marijuana.
The lessee of school facilities to be used for athletic activities must confirm knowledge of and compliance with the requirements and restrictions for such use as set out in Board Policy JJIB.
Adopted: October 25, 2011date of Manual adoption
LEGAL REF.:
A.R.S.
15-511
15-1105
15-1141 to 15-1143
16-411
36-2801 et seq., Arizona Medical Marijuana Act
CROSS REF.:
A - District Mission and Belief Statement
AC - Nondiscrimination/Equal Opportunity
EDC - Authorized Use of School-Owned Materials and Equipment
KFA - Public Conduct on School Property
REGULATION
COMMUNITY USE OF
SCHOOL FACILITIES
The principal may deny a request to provide space for use as a polling place if within two (2) weeks after a request has been made the principal provides a written statement indicating a reason why the election cannot be held in the school that includes any of the following:
● Space A. Space is not available at the school.
● The B. The safety or welfare of the students would be jeopardized.
REGULATION
COMMUNITY USE OF
SCHOOL FACILITIES
(Filing Procedures for Use of
Equipment/Facilities)
A request is made at the campus on which the facility is located or the equipment is stored at least two (2) weeks before the requested use.
The principal of the campus involved shall review the submitted request form, checking to be sure the applicant has filled in all of the necessary information and has signed the form. The principal shall note approval or non-approval, forwarding the request to the District office. If approval is not recommended the request shall be forwarded with an explanation.
If given approval by the District office costs, evidence of insurance and other requirements are to be indicated and the requests returned as indicated below.
● The A. The request form is sent from the District office back to the principal once acted upon. The principal is responsible is responsible for notifying the applicant of the approval, conditions (if any) imposed or denial of approval and approval and reasons.
● If B. If costs are involved, the principal asks the applicant to sign below the area specifying the fees and conditions.
Payment of projected fees are to be received in advance. All liability insurance is to be secured by the applicant, with evidence being sent to the District office one (1) week before the date of use. Failure to secure acceptable liability insurance will cancel the use agreement. Any cost overruns for services or equipment will be billed to the lessee.
EXHIBIT
COMMUNITY USE OF
SCHOOL FACILITIES
An applicant requesting the use of school facilities agrees to comply with the following rules and the District policy concerning conduct on school property if granted permission to use the requested school facilities.
● AllA. All community group activities, including preparations, must be conducted in such a manner that students
can continuecan continue their educational programs without undue interruption.
● AnB. An employee of the District must be on duty whenever a school building is used by an organization or
group unlessgroup unless prior approval for other arrangements has been granted.
● TheC. The applicant is held responsible for the preservation of order. All children attending or participating in
the eventthe event or activity must be supervised by responsible adults.
● NoD. No alcoholic liquors or beverages shall be brought to or consumed in the buildings or on the grounds.
● TobaccoE. Tobacco and smoking is prohibited on school property.
● PuttingF. Putting up decorations or scenery or moving pianos or other major furniture is not allowed without
prior permissionprior permission.
● NothingG. Nothing shall be sold, given, exhibited, or displayed for sale without prior permission from the school.
Any salesAny sales are prohibited unless the proceeds will be used for charitable or nonprofit educational purposes.
● UnlessH. Unless waived by the District when use is in conjunction with a District activity, groups must provide
the Districtthe District with documentary evidence of liability insurance of at least one million dollars ($1,000,000).
EachEach group will be responsible for the repair or replacement of damaged equipment, furniture, or facility.
● The DistrictI. The School District and its employees, including the Governing Board, Superintendent or Chief Administrative Officer, are immune from civil liability with respect to all decisions made and actions taken to allow the lease or use of school property, unless the School District or its employees are guilty of gross negligence or intentional misconduct. This does not limit any other immunity provisions that are prescribed by law.
J. The District reserves the right to require, if it should deem it necessary, a cash bond of five hundred
dollarsdollars ($500), or more to cover any damages that might be done to any equipment, furniture, or facility.
● AllK. All wages earned by District employees on duty for approved facilities use shall be paid by the District.
NoNo District employees shall be paid directly by any group using the facilities.
● TheL. The availability of cafeteria kitchens and other special subject or usage areas may be restricted to
specific timesspecific times or activities. Special fees may be charged for the use of those facilities.
● WhenM. When more than one (1) applicant requests the use of a facility for the same time, the applicant filing first
shall beshall be given first consideration. If a school program or calendar changes, the school program shall take priority,
eveneven if the activity has been scheduled. Every effort will be made to reschedule the activity as
conveniently asconveniently as possible when such cancellation has occurred.
● TheN. The issuance of keys to facilities is to be discouraged. However, if no alternative is suitable, it shall be
the principalthe principal's responsibility to issue and retrieve facility keys according to the District key-control procedures.
● PermissionO. Permission shall be denied for activities that would exceed the capacity of the facility or be in violation of
fire orfire or safety regulations. It shall be the responsibility of the applicant to make appropriate members familiar
with thewith the use of fire and other safety devices and procedures.
● ConfirmP. Confirm knowledge of and commitment to comply with the requirements and restrictions for use of facilities
for athleticfor athletic activities as set out in Board Policy JJIB.
● ComplyQ. Comply with all applicable requirements of The Arizona Medical Marijuana Act.
● AllR. All activities must be conducted within the laws, rules and regulations of the State of Arizona and
applicable municipalapplicable municipal subdivisions.
● RequestsS. Requests for future use may be denied to an organization that fails to comply with established rules.
EXHIBIT
COMMUNITY USE OF
SCHOOL FACILITIESAPPLICATION
REQUEST FOR USE OF SCHOOL FACILITIES
The above referenced document(s) may be found on the pages immediately following this cover sheet.
Date ___________________, 20______
TO: ______________________________
We, _________________________________________________, request the use of a school building
Name of organization/group
facility at __________________________________ School for the purpose of presenting the following
program:
__________________________________________________________________________________
Specific location requested ___________________________________________________________
We wish the above facility on the following dates: (An attachment is acceptable.)
__________________________________________________________________________________
Day(s) of week Month Date(s) Year Hours
If equipment, lighting, tables or chairs are required please specify and indicate any special arrangements needed on the form provided.
There ◻ (will) ◻ (will not) be an admission charge. The admission will be ___________ for adults and
___________ for children. The proceeds will be used for: ___________________________________
__________________________________________________________________________________
The rental fee will include custodial or school personnel services, utility costs, and equipment usage fee, if applicable. NOTE: Food services charges and technicians are paid separately.
Two (2) people the District may contact, if necessary, are:
Name ___________________________________ Address ________________________________
Phone: (work)___________ (home)____________ _______________________________________
Zip code
Name ___________________________________ Address ________________________________
Phone: (work)___________ (home)____________ _______________________________________
Zip code
We agree to become familiar with and abide by the printed rules and regulations of the District concerning the public use of school facilities and conduct on school grounds.
This request shall be submitted at least two (2) weeks prior to the requested date(s).
RENTAL IS PAYABLE IN ADVANCE TO _________________________________________________
Remit to District Office, _______________________________________________________________
Signatures and titles of organization representatives (2)
__________________________________________________________________________________
__________________________________________________________________________________
___________________________________________________________
FOR DISTRICT USE ONLY
LEASE AGREEMENT (where applicable)
It is understood that all rates quoted, as well as other conditions stipulated, are a part of this agreement and that proof of liability insurance is required.
Base charge of facility to be used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $____________
Additional charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $____________
Total $____________
Classification of user (circle one)
I II III
Your application for school building usage has been:
Building Action
____ Recommended ____ Not recommended for approval
Date: __________________ Principal _______________________________________________
District Action
____ Denied or altered for the following reason(s): _________________________________________
__________________________________________________________________________________
____ Approved: _____________________________________________________________________
_______________________________________ _______________________________________
Business Administrator Superintendent
Date ______________________ 20______
Lessee Acknowledgement
Signature ___________________________________ Date ______________________ 20______
Note: All requests for use of property and/or equipment must be initiated with the campus principal to be involved in authorizing campus-level approval. The request will be forwarded to the District office for final approval/disapproval. In order to avoid conflict in use, please submit all requests at least fourteen (14) days prior to date of requested usage.
Checklist of Needs (part of application)
o Custodial services needed.
o Cook needed.
o Special equipment needed:
o Audiovisual equipment.
o Public address system.
o Scoreboard controls.
o Kitchen equipment.
o Concession stand equipment and keys.
o Stage equipment.
o Shop equipment.
o Special school personnel.
o Keys for access to: _______________________________________
o Custodial services:
o Open building.
o Close building.
o Extra time needed for extra cleanup needed ________________
o Custodial time needed to set up _________________________
Estimated number of hours ________________________________
Total hours _____________________________________________
EXHIBIT
COMMUNITY USE OF
SCHOOL FACILITIES
Facility fees for three-hour minimum
Facility used Class I* Class II Class III
Classroom $ --- $ 39.00 $ 45.00SCHOOL FACILITIES USER FEES
Class I Fees No charge for District Mission related use.
School-sponsored activities Teacher Organizations
School Clubs P.T.A. / Organizations
Boy Scouts Booster clubs
Girl Scouts Arizona Youth Soccer Organization
Little League Program
Class II Fees See below
Community college Civic organizations
Community concerts $ --- $ 990.00 $1,395.00
Artificial Fields** $ --- $ 435.00 $ 582.00
Fields Educational organizations
Churches Government organizations
Recitals $ --- $ 162.00 $ 168.00
Tracks Service organizations
Cultural organizations $ --- $ 378.00 $ 435.00
($20 an hour per lane)****
Track Access Card
($10 per month/minimum
three [3] months = $30)
Pool ($20 an hour per lane - $ --- $ 285.00 $ 390.00
minimum 3 lanes)
Shower/Lockers $ --- Extended day resource programs
Class III Fees See below
Commercial or profit-making organizations
Facility Class II Class III
Classroom-Standard $X per hour $ 285.00 $ 390.00
Kitchen - serving $X per hour
$ --- $ 165.00 $X added hours $ 171.00
Kitchen - cooking $X added hours
Computer lab/specialized $X per hour $ --- $ 366.00 $ 420.00
Board room $ --- $ 192.00 $ 225.00
Facility hourly fee for additional use beyond three hours
Facility used Class I* Class II Class III
Classroom $X per hour
classroom $X added hours $X added hours
Auditorium $X per hour $X per hour
$ --- $ 13.00 $ 15.00
Computer room $ ---$X added hours $X added hours
Gymnasium - Primary $X per hour $ 42.00 $ 47.00
I. A. Classroom $X per hour
$ --- $ 52.00 $ 66.00
Multipurpose room $ --- $ 19.00 $ 24.00
Gymnasium (elementary) $ --- $X added hours $X added hours
Gymnasium - Secondary $X per hour $ 44.00 $ 53.00
Gymnasium (large) $X per hour
$ --- $ 135.00 $ 180.00
Mini-Auditorium $X added hours $X added hours
Cafeteria and kitchen $X per hour $ --- $ 41.00 $ 58.00
Auditorium $ --- $ 136.00 $ 182.00
Stadium $ --- $ 330.00 $ 465.00
Artificial Fields** $ --- $ 145.00 $ 194.00
Fields $ --- $ 54.00 $ 56.00
Pool $ --- $ 95.00 $ 130.00
Shower/Lockers $X per hour
$X added hours $X added hours
Cafeteria only $X per hour $X per hour
$X added hours $X added hours
Football stadium w/o lights $X per hour $ --- $ 95.00 $ 130.00
Kitchen - serving $ --- $ 55.00 $ 57.00
Kitchen - cooking $ --- $ 122.00 $ 140.00
Board room $X per hour
$X added hours $X added hours
with lights $X added hours $X added hours
Outdoor playfield w/o lights $X per hour $ --- $ 64.00 $ 75.00
* May be required to pay Class II fees for weekend, holiday, or summer use.
** Artificial fields have three (3) hour minimum/five (5) hour maximum charge.
*** Rental of Gym in unoccupied Flagstaff Unified School District (FUSD) buildings will require a twenty-five dollar ($25) unlock fee and a utility surcharge.
**** There will be an additional charge of one hundred dollars ($100) per hour for use of Cromer Field with lights.
All classes of Users - Personnel and Security Charges:
Personnel charges: Twenty-five dollars ($25) per hour per person.
This charge applies to door unlock/lock service during hours where FUSD personnel are not otherwise on site.
At least one (1) FUSD employee must be on site during facility use by non-FUSD personnel.
Effective: July 1, 2011 through June 30, 2012. Rates will be reviewed by the Governing Board. For planning purposes, groups are advised to plan on an increase of five percent (5%) per year.
Facility fee $ ______________
Personnel charge $ ______________
Key deposit $ ______________
Total due $ ______________
Goods and Services Contributed
$X per hour
$X added hours $X added hours
with lights $X added hours $X added hours
Goods and Services Contributed
A person, group or organization may contribute goods or render services as full or partial payment of the user fee. The The value of the goods will be determined by the District based upon established market price, trade in value, posted prices or where these methods prove impractical, appraisal or barter may be employed so long as the procedure is advantageous to the District. The The value of services rendered shall be based upon the hourly wages of a beginning employee of this or another Arizona School District school district performing similar functions as determined by the District. Should Should disagreement between the contributor and the District occur as to the value of the goods or services offered, the District reserves the right to refuse to accept the offer.
No person shall engage in conduct that may cause interference with or disruption of an educational institution. Interference with or disruption of an educational institution includes any act that might reasonably lead to the evacuation or closure of any property of the educational institution or the postponement, cancellation or suspension of any class or other school activity. For the purposes of this policy, an actual evacuation, closure, postponement, cancellation or suspension is not required for the act to be considered interference or disruption.
A person commits interference with or disruption of an educational institution by doing any of the following:
● IntentionallyA. Intentionally, knowingly or recklessly interfering with or disruption of the normal operations of an
educational institutioneducational institution by either:
■ Threatening1. Threatening to cause physical injury to any employee or student of an educational institution or
any personany person on the property of an educational institution.
■ Threatening2. Threatening to cause damage to the District, the property of the District, or the property of any
person attendingperson attending the District.
● IntentionallyB. Intentionally or knowingly entering or remaining on the property of an educational institution for the purpose
of interferingof interfering with or denying lawful use of the property to others.
● IntentionallyC. Intentionally or knowingly refusing to obey a lawful order given by the Superintendent or a person
designated todesignated to maintain order.
The above identified acts need not be directed at a specific individual, the District, or specific property of the District to constitute a violation of this policy.
Restitution for any financial loss caused by a violation of the policy may be required. Furthermore, an individual who interferes with or disrupts an educational institution is subject to misdemeanor or felony charges as provided in A.R.S. 13-2911.
A person may also interfere with or disrupt the District function by committing any of the following:
● AnyA. Any conduct intended to obstruct, disrupt, or interfere with teaching, research, service, administrative,
or disciplinaryor disciplinary functions or any activity sponsored or approved by
thisthe Board.
● PhysicalB. Physical or verbal abuse or threat of harm to any person on property owned or controlled by the District
or at supervisedor at supervised functions sponsored by the District.
● ForcefulC. Forceful or unauthorized entry to or occupation of District facilities, including both buildings and grounds.
● IllicitD. Illicit use, possession, distribution, or sale of tobacco, alcohol, or drugs, other controlled substances, or
other illegalother illegal contraband on District property or at school-sponsored functions.
● UseE. Use of speech or language that is offensive or inappropriate to the limited forum of the public
school educationalschool educational environment.
● FailureF. Failure to comply with the lawful directions of District officials or of District security officers or other
law enforcementlaw enforcement officers acting in performance of their duties, and failure to identify oneself to such
officials orofficials or officers when lawfully requested to do so.
● KnowingG. Knowing violation of a District rule and regulation. Proof that an alleged violator has a reasonable
opportunity toopportunity to become aware of such rules and regulations shall be sufficient proof that the violation was done knowingly.
● AnyH. Any conduct constituting an infraction of any federal, state, or city law or policy or regulation of the Board.
● CarryingI. Carrying or possessing a weapon on school grounds unless the individual is a peace officer or has
obtained specificobtained specific authorization from the appropriate school administrator.
Additional Requirements
of the General Public
The definition
ofof general public
isis anyone who does not come under the definition of student, faculty member, staff member, or employee.
● NoA. No person shall visit or audit a classroom or other school activity, nor shall any person come upon or
remain uponremain upon school premises, without approval by the principal or the principal's authorized representative.
Nor shallNor shall any person conduct or attempt to conduct any activity on school premises without prior approval
by the Superintendentby the Superintendent or the Superintendent's authorized representative.
● AnyB. Any member of the general public considered by the Superintendent, or a person authorized by
the Superintendentthe Superintendent, to be in violation of these rules shall be instructed to leave the property of the District.
FailureFailure to obey the instruction may subject the person to criminal proceedings pursuant to A.R.S. 13-2911
andand to any other applicable civil or criminal proceedings, or to tribal ordinance.
● PersonsC. Persons attending special functions shall confine themselves to the specific part of the facility assigned in
the permitthe permit.
● PersonsD. Persons who engage in disorderly conduct of any kind may be subject to removal and exclusion from
the facilitythe facility.
● TheE. The use of facilities shall be granted only for legitimate purposes. Therefore, the permit holder shall
assume fullassume full responsibility for any unlawful act committed during the exercise of the permit.
● No person shall, except as authorized by A.R.S. 36-2801 et seq.:
■F. No person shall possess or engage in the use of medical marijuana
,⇒ on a school bus, or
⇒ on the grounds of any preschool, elementary or secondary school.
■ smoke marijuana,
⇒ on any form of public transportation, or
⇒ in any public place.
■ operate, navigate or be in actual physical control of any motor vehicle, aircraft or motorboat while under the influence of marijuana,
⇒ except that a registered qualifying patient shall not be considered to be under the influence of marijuana solely because of the presence of metabolites or components of marijuana that appear in insufficient concentration to cause impairmenton District property, at a District event, or in a District vehicle.
Adopted: November 8, 2011date of Manual adoption
LEGAL REF.:
A.R.S.
13-2905
13-2911
13-3102
15-341
15-507
36-2801 et seq.
36-2802
CROSS REF.:
GBEB - Staff Conduct
GCQF - Discipline, Suspension, and Dismissal of Professional
Staff
Members
GDQD - Discipline, Suspension, and Dismissal of Support Staff Members
JIC - Student Conduct
JK - Student Discipline
KFAA - Smoking on School Premises at Public FunctionsKI - Visitors to Schools
The possession or use of tobacco products, tobacco substitutes, electronic cigarettes, other chemical inhalation devices, or vapor products is prohibited in the following locations:
● School grounds.
● School buildings.
● School parking lots.
● School playing fields.
● School buses and other District vehicles.
● Off-campus school-sponsored events.
Under the provisions of(DELETE POLICY)
REMOVED PER PA 565 - JULY 2016.
A.R.S. 36-798601.03, a person who violates the prohibition is guilty of committing a petty offense.
The prohibitions do not apply to an adult when possession or use of the tobacco products are for demonstration purposes as a necessary instructional component of a tobacco prevention or cessation program that is:
● Approved by the school.
● Established in accord with Arizona Revised Statute 15-712.
No person shall smoke marijuana in any public place.
Adopted: November 12, 2013
LEGAL REF.:
A.R.S.
13-3622
15-341
15-712
36-798.03
36-2802
20 U.S.C. 6083
20 U.S.C. 7181
20 U.S.C. 7183
CROSS REF.:
GBED - Smoking by Staff Members
JICG - Tobacco Use by Students
KFA - Public Conduct on School Property
01, Smoke-free Arizona act, states that Smoking is prohibited in all public places and places of employment within the state of Arizona, with certain exceptions. The primary objective of the law is to prohibit smoking in public places.
Policy KFAA has, therefore, been removed from the ASBA Policy Manual as the more general and inclusive prohibition pertaining to smoking is codified under Title 36, Public Health and Safety, and is applicable in all public school facilities in Arizona.
http://azdhs.gov/preparedness/epidemiology-disease-control/smoke-free-arizona/index.php#rules
A school employee's position in the District shall not be used to influence parents or students to purchase books or other merchandise, except for materials approved by the Superintendent for use in the classroom.
Solicitation of employees and/or students by any profit, nonprofit, or charitable groups, institutions, or organizations must have the approval of the Superintendent in advance.
Districts shall not use an automated system that plays recorded messages or sends text messages to solicit persons to purchase goods or services or requests survey information if the results are to be used directly for the purpose of soliciting persons to purchase goods or services unless the message was sent with prior express invitation or permission by the recipient or the recipient has an existing business relationship with the sender.
The District shall strive to safeguard the students and their parents from money-raising plans of outside organizations, commercial enterprises, and individuals. This policy shall apply particularly to ticket sales and sales of articles or services except those directly sponsored by school authorities or school organizations.
Adopted: January 14, 2014 date of Manual adoption
LEGAL REF.:
A.R.S.
13-2919
No materials from outside of the school system used for propaganda purposes (ideas, facts, or allegations spread deliberately to further a cause or to damage an opposing cause) shall be permitted to be posted in school buildings or on school grounds or properties while students are present for instructional or recreational purposes.
School sponsored student government activities, mock elections and promotions are exempt from the prohibition against propaganda posting.
Unless otherwise prohibited by law nothing herein shall be construed to prevent the District or a District school from the sale of advertising space in accordance with A.R.S. 15-342, subject to the following conditions:
● SuchA. Such advertisements shall be age appropriate and not contain promotion of any substance that is illegal
for minorsfor minors, such as alcohol, tobacco and drugs, or gambling. Advertisements shall comply with the state
sex educationsex education policy of abstinence.
● AdvertisingB. Advertising approved by the Governing Board for the exterior of school buses may appear only on the
sides ofsides of the bus in the following areas:
■ The1. The signs shall be below the seat level rub rail and not extend above the bottom of the side windows.
■ The2. The signs shall be at least three (3) inches from any required lettering, lamp, wheel well or
reflector behindreflector behind the service door or stop signal arm.
■ The3. The signs shall not extend from the body of the bus so as to allow a handhold or present a
danger todanger to pedestrians.
■ The4. The signs shall not interfere with the operation of any door or window.
■ The5. The signs shall not be placed on any emergency doors.
● TheC. The District shall establish an advertisement fund that is composed of revenues from the sale of advertising.
TheThe monies in the advertisement fund are not subject to reversion.
Requests for advertising to promote the merit of any product by brand name or trademark shall be submitted to the Board.
The Governing Board has discretion to decline specific advertisements.
Adopted: October 25, 2011date of Manual adoption
LEGAL REF.:
A.R.S.
15-342
CROSS REF.:
DFF - Income from School Sales and Services
The Governing Board recognizes and supports the rights of its students under the United States and Arizona Constitutions which include, but are not limited to, the right to speak and express themselves on matters of interests and importance to them. The Governing Board also recognizes that its primary mission is to educate the students, and finds that in order to respect the primacy of this mission, it is necessary to adopt certain reasonable time, place, and manner restrictions on the distribution of nonschool related materials.
Written materials prepared by or on behalf of the District that are directly related to the programs, curriculum, and activities of the District may be distributed at any time by teachers and other District employees or volunteers, as appropriate. The distribution of all other written materials is subject to the following guidelines and restrictions.
Individuals, groups, organizations, or entities wishing to distribute written information about student-related activities may make application, at any time during the school year to the Superintendent to distribute materials during the school year. Approved materials will be distributed by teachers on the last teaching day of the month during the school year while students are in attendance. A uniform format will be provided by the District to individuals and/or organizations seeking to distribute materials that will specify the name of the individual/organization, a brief description of the activity, dates, and contact information (name, address, phone, e-mail, website).
The Superintendent shall review the materials proposed for distribution to insure that they are not patently offensive or inappropriate for the students of the school. For the purposes of this policy, patently offensive or inappropriate material shall include, but is not limited to:
● Material that contains pornographic images or text;
● Hate speech;
● Material that advocates conduct that is either violent or unlawful; and
● Material that promotes the illegal use of tobacco, drugs, or alcohol.
Material shall not be considered patently offensive or inappropriate solely because it represents an unpopular or minority view or organization, because it is a religiously oriented activity, or because it provides notice of a meeting of an unpopular minority or religious group or organization.
Individuals and/or organizations who are granted permission to distribute approved materials will be provided with a list for each school indicating the number of classroom teachers and students, to assist in preparing an appropriate quantity of information for distribution.
This policy addresses only the distribution of written and printed materials, and shall not prevent any person from discussing any topic with co-workers or students so long as such discussion takes place at a reasonable time and place and in a reasonable manner, does not interrupt or disrupt the delivery of instruction or services for students, and is otherwise carried out in compliance with law and the policies of this School District.
Adopted: January 14, 2014Non-school promotional material is that material not under the control of the school which may be in a variety of mediums. Without exhaustion this may include but is not limited to pictures, flyers, items with a visual or printed message, electronic representations, and other visual and auditory representations.
Nonprofit organizations providing activities and instruction for school age students shall be permitted limited display or posting of promotional material for those activities at an individual school site within the guidelines indicated. Authorization shall be premised upon a written assurance and confirming material received by the distributing/posting school at least two (2) weeks prior to the instruction/activity that the organization will:
A. Agree that any charges for the instruction/activities will be based on and not exceed the cost of providing the instruction/activities;
B. Not use fighting words, obscenities, defamatory speech or encourage disruption of the educational environment;
C. Not provide representations or visuals that are inappropriate as described in The Children's Internet Protection Act;
D. Label all material with the name of the organization;
E. Display the name, address and telephone number of the local representative for the organization prominently on the promotional material; and
F. Have an authorized representative of the organization sign the written assurances.
The promotional material shall be provided to the school office at the same time as the assurance form to evidence compliance. School personnel shall not use the viewpoint expressed in the material as justification for disallowing the authorization.
Manner of Display/Posting or Stacking
The manner of communication elected by each school shall be either:
A. display of a representative item (posting on a bulletin board like structure); or
B. stacking flyers or representative materials on a flat surface.
The material shall be located in an area on the school campus generally accessible to students. Display/posting or stacking will be on a space- available basis.
From a list of signed and dated assurance forms maintained in the school office, the school administrator shall determine the items to be granted permission for posting/displaying or stacking during a prescribed time period, limited to the available space designated for such purposes.
Materials permitted for display/posting or stacking must be delivered to the approving school office by a person properly authorized to represent the entity providing the materials. The material shall not be larger than a standard eight and one-half by eleven inch (8 1/2" x 11") sheet of paper. Where stacking of materials for pick up is permitted, the quantity of materials stacked at the designated location shall not exceed one hundred (100) copies at any given time.
Times and places for display/posting or stacking. Display/posting or stacking of non-school promotional materials is prohibited in any school location except the designated area or surface for such materials. Materials shall be removed on a date certain not more than one (1) month after it has been posted/stacked or five (5) days after the activity begins, whichever is earlier.
The display/posting and/or stacking location shall be available every day without regard to weather, to students who are in attendance. A description and a map of this location will be posted at the administrative office of each school and made available in the District administrative offices.
Any challenge to a denial to distribute/post promotional materials shall utilize a simplified Alternative Dispute Resolution process as referenced in A.R.S. 15-110(G), Rights of students at public educational institutions; limitations; definition, which stipulates that a student or a student's parent shall not initiate legal action to enforce this section unless the student or the student's parent has done the following:
A. The student or the student's parent shall submit a complaint in writing with the specific facts of the alleged violation to the principal of the school. The principal shall investigate the complaint and respond in writing, including a description of any action taken to resolve the complaint, within fifteen (15) days of receiving the written complaint.
B. If the complaint is not resolved, the written complaint specifying the facts of the alleged violation may be submitted by the parent or student to the Superintendent or designated administrator, who shall investigate the complaint and respond in writing, including a description of any action taken to resolve the complaint, within twenty-five (25) days of receiving the written complaint.
School District legal counsel shall be consulted at any time there is a substantive question or dilemma resulting from a request related to this policy. Challenges originating from a source alleging viewpoint-based denial of authorization shall be referred immediately.
Adopted: date of Manual adoption
LEGAL REF.:
A.R.S.
15-110
20 U.S.C. 9134, The Children's Internet Protection Act
47 U.S.C. 254, Communications Act of 1934 (The Children's Internet
Protection Act)
CROSS REF.:
KD - Public Information and Communications
EXHIBIT
DISTRIBUTION / POSTING OFOF
PROMOTIONAL MATERIAL
APPLICATION FOR
DISTRIBUTION OF INFORMATION
This application is being provided to individuals/organizations who want to be considered for distributing information to students about nonschool sponsored, student-oriented activities. Approved material will be distributed on the last instructional day of each month school is in session.
Upon approval, the material must be provided to school sites, collated in appropriate quantities for each classroom, at least four (4) days prior to distribution. Materials that arrive at school sites in bulk and not individually packaged will not be distributed.MATERIALS
REQUEST TO DISPLAY/POST OR STACK MATERIALS
Date ______________, 20____
_____________________________________________________________________
Name of organization / group
We wish to display/post or stack promotional materials on the following dates: (Not to exceed one [1] month.)
_____________________________________________________________________
Month Date(s) Year
There ◻ (will) ◻ (will not) be a charge for the instruction/activity.
The person who may be contacted, if necessary, about the content of this literature, by the school, parent, or other recipient of information is:
Name ______________________________________________________________
Address _________School year: _____________________________________________________
______________________________________________________________
Today's date: Zip code
E-mail address _______________Organization/Individual's name: __________________________________________
Purpose for request: Phone: (work) ________________________ (home) ___________________________Contact information (names, address, phone, e-mail, website):
I/We hereby assure the school that the organization will:
A. Agree that any charges for the instruction/activities will be based on and not exceed the cost of providing the instruction/activities;
B. Not use fighting words, obscenities, defamatory speech or encourage disruption of the educational environment;
C. Not provide representations or visuals that are inappropriate as described in The Children's Internet Protection Act;
D. Remove the material on a date certain not more than one (1) month after it has been displayed/posted/stacked or five (5) days after the activity begins, whichever is earlier;
E. Label all material with the name of the sponsoring organization;
F. Provide the name, address and telephone number of the local representative for the organization prominently on the promotional material;
G. Have an authorized representative of the organization sign the written assurances.
The promotional material and assurance form affirming compliance shall be provided to the school office at the same time.
This request must be submitted to the school office at least two (2) weeks prior to the requested date(s).
_____________________________________________________________________
_____________________________________________________________________
Signatures and titles of organization representatives
FOR SCHOOL USE ONLY
Date: ________________Activity or activities you want to advertise: ___ Principal ___________________________________
Action
______ Denied or requested alteration for the following reason(s):
______________________________________________________________
_______
_____________________________________________________________
OFFICE USE ONLY
Permission to distribute information is: ◻ Granted ◻ Denied
Date of notification: ________
__________________________________________________ ___________________
___
Signature of Administrator Date
Note regarding use of this form: Exhibit KHC-EB - Requesting Individual/Group Questionnaire/Disclaimer, is to be completed by the person or organization requesting distribution of information. If distribution is permitted, Exhibit KHC-EB will be distributed along with the information.
___ Approved
The Superintendent shall establish school-visit procedures for the control of persons other than school personnel or students who enter District premises. Such procedures shall permit full use of all legal means to ensure that students, employees, and District property are properly safeguarded. No person, other than one who is a peace officer or one who has obtained specific authorization from the appropriate school administrator, shall carry or possess a weapon on school grounds.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
13-1302
13-2905
13-2911
15-341
15-507
A.G.O.
I84-054
CROSS REF.:
AD - Educational Philosophy/School District Mission
BBA - Board Powers and Responsibilities
KFA - Public Conduct on School Property
REGULATION
VISITORS TO SCHOOLS
Parents are encouraged to visit the schools.
All visitors to any school must report to the school office upon arrival.
For those who wish to visit a classroom during the school day, it is preferred that the teacher and the principal be contacted in advance to arrange a day and time for such visit so as to avoid any conflicts with the school schedule.
In visiting a classroom, parents must realize that the teacher's first responsibility is to the class as a whole, and the teacher will be unable to converse at any length with the visitor. If a conference is desired, arrangements will be made by the teacher for an appointment with the parent either before or after school hours.
No person may enter onto school premises, including visits or audits to a classroom or other school activity, without approval by the principal. Neither will any person be allowed to conduct or attempt to conduct any activity on school premises that has not had prior approval by the principal.
Anyone who is not a student or staff member of the District schools, and is in violation of this policy, may be asked to leave the property of the District. Failure to comply with the lawful directions of District officials or of District security officers or any other law enforcement officers acting in performance of their duties, and failure to identify oneself to such officials or officers when lawfully requested to do so, will be against District regulations. Failure to obey such instructions may subject the person to criminal proceedings applicable under law.
Some of the strongest school support comes from parents or organizations having strong interests in specific students or school activities. Support from booster organizations is encouraged wherever appropriate as a means of involving the public in the activities and goals of the District. School personnel shall seek to strengthen and support booster organizations by cooperating in any way possible to provide assistance, materials, facilities, or other aid to assist them in helping the schools.
Close communication with booster organizations ensures greater harmony with the policies and goals of the District. Each principal shall assume responsibility for the conduct of any organization approved by that principal for interaction with the students, staff, or program of the school.
The Superintendent shall develop procedures as necessary for the guidance of school personnel who are involved with booster organizations.
Adopted: date of manual Booster clubs shall function as organizations for the purpose of assisting and supporting all athletic activities in the District.
Membership in a booster club should be based on an interest in a quality sports program and willingness to donate labor or services, or to participate in fund raising.
Booster clubs will keep accurate and complete records of each fund-raising activity in accord with the county school uniform accounting system, recording the net receipts of each activity, keeping a current balance of all monies, and submitting an annual report, through the Superintendent, to the Board on July 1.
Booster clubs will present to the Superintendent, in writing, the recommended projects in order of priority for the year. Likewise, each term, coaches will submit to the principal and to the Superintendent a list of needs in priority. These will be followed by a meeting of the coaches, principal, and boosters so that a consolidated list is agreed upon.
The principal will recommend purchases to the Superintendent from the consolidated lists described above.
All projects involving expenditure of money, matching funds or not, will be submitted to the principal, with a copy to the Superintendent. Board approval will be necessary before any project is undertaken or any purchase orders are written.
Any and all moneys donated by a booster club to a school will be for a purpose or need on the consolidated lists described above. The principal will have invoices and statements for all expenditures, a copy of which will be provided the booster club before payment is made by the club treasurer.
Purchases of fifty dollars ($50) or more shall be approved only on the basis of three (3) or more bids, with one (1) from a local county bidder unless county businesses decline to bid on the items to be purchased.
Selection of athletic participants is the decision of the coaches who are responsible. Individual or group interference will be considered highly improper by the District.
The Board has final authority over all phases of school operation and money raised for schools.
Adopted: date of Manual adoption
CROSS REF.:
JJE - Student Fund-Raising Activities
The District shall seek to establish mutually beneficial relations with all local, county, state, and federal governmental agencies. Governmental agencies are an integral part of the community, and their participation shall be sought in matters that affect the educational program and quality of life in the community.
Adopted: date of
manualManual adoption
REGULATION
PUBLIC INFORMATION
AND COMMUNICATIONS
Requests by groups, organizations, or individuals for presentations regarding District programs, courses of study, or review of learning materials will be accommodated to the extent possible and in a timely manner.
Any school personnel receiving such requests will contact the appropriate principal, supervisor, assistant superintendent, or the Superintendent, if needed, for information and assistance.
Presentations given in response to this section should incorporate:
● Philosophy of the District as it relates to the presentation topic.
● Adopted policy concerning the topic.
● District method of implementation.
● Context within which the particular materials or practices are used.
● Goals and objectives of school and/or District practices as they apply to the topic.
It shall be the policy of the District to cooperate with other schools and local and state regional agencies and organizations in the solution of educational problems of common concern. The District may also cooperate with parochial and private schools in matters of mutual benefit where not expressly prohibited by law.
This cooperation shall extend to such areas as research, exchange of information and data, coordination of curriculum, coordination of school calendars and activities, and construction of facilities that may be efficiently utilized on a cooperative basis.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
11-952
15-141
15-205
15-342
15-365
15-1371
To prepare for the possible receipt of a proposal requesting sponsorship of a charter school, and in order to facilitate the decision to accept or reject sponsorship of a charter application/proposal, the Governing Board establishes the charter school application requirements as set forth in Exhibit LBD-E. In addition to these application requirements, each applicant shall submit a full set of fingerprints to the District for the purpose of obtaining a state and federal criminal records check. The criminal records check shall be completed prior to issuance of a charter [A.R.S. 15-183]. Additional supporting information and data may be required and shall be provided by the applicant if requested by the District or the Superintendent to assist the Board in evaluation of the application for possible sponsorship of the charter school.
The Superintendent is directed to prepare copies of the requirements, together with any instructions deemed appropriate to the distribution or receipt of the applications.
Upon receipt of the application/proposal, the Superintendent shall provide copies to the Board and review the submission for inclusion of the application requirements, reporting the findings to the Board.
The Superintendent may designate personnel to provide liaisons between applicants and the District. If requested, a liaison may also provide technical assistance to improve the application.
Public Meetings
The Board may schedule and hold community meetings in the affected areas or the entire District to obtain information to assist the Board in making a decision about the charter school application. All persons or groups that have an interest in the approval or denial of the charter school application must present their comments or concerns to the Board in writing in a timely manner or in testimony during a public meeting.
Decision on Sponsorship
The Board will make a decision to accept or reject sponsorship of the applicant charter school, in either a regular or special meeting, within ninety (90) days after receipt of the application/proposal. An applicant may submit a revised application for reconsideration by the Board. If the application is rejected, the Board shall notify the applicant in writing of the reasons for the rejection [A.R.S. 15-183].
A Charter Plan
If the District decides to sponsor a charter school, a contract shall be prepared and executed by the charter applicant and the Board, containing at a minimum the following:
● The charter requirements and assurances found in A.R.S. 15-181 through A.R.S. 15-189.
● All representations contained in the application/proposal and those submitted as additions to the application/proposal.
● A description of all Board policies and rules the charter school will be required to follow.
● Other matters as deemed necessary to the creation of a charter school document.
An approved plan to establish a charter school is effective for fifteen (15) years from the first day of operation [A.R.S. 15-183].
Renewal/Nonrenewal
of a Charter
A charter may be renewed for a period of twenty (20) years if the District deems that the school is in compliance with its own charter and A.R.S. 15-183. A charter renewal request shall be made at least fifteen (15) months prior to expiration of the approved plan in the form of an application, which must contain a report on the progress of the charter school in meeting the obligations of the contract and other terms of the agreement, including the laws applicable to the charter school.
A charter operator may apply for an early renewal by submitting to the District, at least nine (9) months prior to a renewal consideration, a letter of intent to apply for early renewal. The District shall review the charter school's annual fiscal audits and academic performance data collected by the District, shall review the existing contract with the charter school, and shall provide a renewal application to a qualifying charter school. The District shall give written notice to the charter school of its consideration of the renewal application.
Notice of intent not to renew a charter shall be given at least twelve (12) months prior to the expiration of the approved plan [A.R.S. 15-183]. The Superintendent shall assess the charter school's performance, including compliance with the charter and laws affecting the charter school, and report the findings to the Board in a timely fashion.
A charter may be renewed for successive periods of twenty (20) years.
Revocation of a Charter
The District shall review approved charters at five (5) year intervals and may revoke a charter at any time if the charter school breaches one (1) or more provisions of its charter. The District shall give written notice of intent to revoke a charter at least ninety (90) days before the effective date of the proposed revocation, thereby allowing the charter school at least ninety (90) days to correct the problems associated with the reasons for the proposed revocation. The notice shall be delivered personally to the operator of the charter school, or sent by certified mail, return receipt requested, to the address of the charter school. The notice shall incorporate a statement of reasons for the proposed revocation of the charter.
Final determination of whether to revoke the charter shall be made at a public hearing called for such purpose.
Adopted: December 8, 2009
LEGAL REF.:
A.R.S.
15-181
15-182
15-183
15-184
15-185
15-187
15-188
15-189
15-741
15-816
DELETE FROM MANUAL FEBRUARY 2017 - Authorizing statute has been rescinded.
EXHIBIT
RELATIONS WITH CHARTER SCHOOLS
CHARTER SCHOOL APPLICATION REQUIREMENTS
REQUIREMENTS MINIMUM COMPONENTS
Purpose and Need
Purpose State the purpose for this charter school and point out the consistency of this
purpose with the requirements of statute [A.R.S. 15-181 et seq.].
Need Describe the need for the charter school. How was that need established?
Support Provide any support for the formation of the proposed charter school indicated
by parents, teachers, and students.
Mission and Goals
Mission statement Provide a copy of the mission statement of the charter school, including the
process used to develop this statement. The mission statement of the proposed
charter school must be consistent with the declared purposes set forth in the law
[A.R.S. 15-183].
Goals of school State the proposed three-year goals for the school, including time lines. The
applicant also should describe the process used to identify the goals.
Grades Served
Population to be served Describe with specificity the grades, ages, classes, or other groupings to be
served by the charter school [A.R.S. 15-184].
Student Achievement
and Curriculum
Program and Describe the charter school's educational program and the student performance
performance standards standards to be achieved by the proposed school. Standards must meet or exceed
State Board of Education and statutory standards and those adopted by the District
[A.R.S. 15-183].
Effectiveness measures Outline the criteria designed to measure the effectiveness of the charter school
[A.R.S. 15-183].
Objectives and Provide a description of the curriculum to be used in the school. It should list the
measuring objectives and means of measuring student performance for each subject and each
performance grade level.
State Board Design a method to measure student progress toward the student outcomes
standards adopted by the State Board of Education.
Evaluators and Present a description of the charter school's plan for evaluating student
correcting student performance, including types of assessment that will be used to measure student
standards progress toward achievement of the school's performance standards, time lines
for achievement of such standards, and procedures for taking corrective action in
the event that student performance at the charter school falls below such standards.
Reporting Detail the plan for academic accountability, including testing programs,
achievement results distribution of reports, and time lines for these activities [A.R.S. 15-183].
At-risk student Describe any objectives and means for increasing the educational opportunities
development for "at-risk" students, meaning those who because of physical, emotional,
socioeconomic, or cultural factors are less likely to succeed in school.
Criteria for
Enrollment Decisions
Enrollment standards Describe the enrollment policy and the criteria for enrollment decisions, including
a description of the proposed school's plans to include academically low-achieving
students, to promote diversity, and to provide for exceptional students as well as
students with special needs [A.R.S. 15-183 and 15-184].
Capacity determination Define the charter school's determination of capacity for purposes of enrollment
limits and indicate any plans to increase capacity in the future. Also describe the
equitable-selection process to be used when capacity limits enrollment [A.R.S.
15-184].
Limits Describe any limits on admission based upon age group or grade level
[A.R.S. 15-184].
Governance and
Decision Making
Governing body and Describe the governing body, the means of selection, and the form in which the charter
process school will do business. This should include a detailed description of the rules and
procedures followed to arrive at policy and operational decisions [A.R.S. 15-183].
Parent and Describe the types and extent of parental and community involvement in the
community operation of the proposed school. Provide information on how the charter school
involvement will be accountable to the public. Specifically include how the following areas
will be addressed:
● Provisions for charter school accountability to the school community.
● Development of an annual school improvement plan, with supporting profile
information.
● Reporting to the Board and the school community, including the school report
card per A.R.S. 15-746.
District school Describe the relationship between the proposed charter school and the School
relations District.
Expectations of Describe the specific role and duties of the sponsor of the charter school [A.R.S.
sponsoring district 15-183].
Requested rules Determine what specific Governing Board policies and regulations the charter
exceptions school would like waived.
Employment Plan
and Practices
Policies and practices Describe the employment practices of the school, including personnel policies, a
description of the qualifications for certificated and support staff employees,
employee compensation schedules, recruitment and selection procedures, and
plans for resolving employee relations problems [A.R.S. 15-183].
Proposed employment If applicable, in case of a proposal to take over a current school, include a plan for
modifications if the displacement of students, teachers, and other employees who will not attend
appropriate or be employed in the charter school.
Financial Data,
Facilities, and
Transportation
Cost-benefit analysis Provide necessary evidence that the plan for the charter school is in conformance
with statutory requirements and is economically sound for both the charter school
and the District.
Budget, audit, and Include a proposed budget and financial plan for the first three years of the charter
cash management and a description of the manner in which an annual audit of the financial and
administrative operations of the charter school, including any services purchased
from the District, is to be conducted.
Financial responsibility Determine who will be financially responsible for the school's payment of
obligations.
Procedures for Detail the plan for fiscal accountability, including accountability for
accountability student-activity accounts and other nontax funds [A.R.S. 15-183].
Purchased services Describe the services the charter school plans to purchase from the School
or property District or from other sources. Describe any leases, lease-purchases, or other
purchases of property contemplated.
Insurance Provide a detailed summary of all insurance coverage [A.R.S. 15-183]. The legal
liability issues must be fully addressed.
Facility analysis Describe the facilities to be used, their location, and the way they will be obtained
and maintained. Include any proposed renovations, the proposed contractor, and
proposed cost [A.R.S. 15-183].
Transportation Describe the proposed student transportation system, including the contract if
arrangements services will be provided by a second party. If transportation is to be provided by
the charter school, include a plan for addressing the required transportation needs
of eligible nonresident disabled students and low-income students.
Assurances
Statement of Provide policies, procedures, and, if none are available, written assurances that
assurances the charter school will ensure compliance with the requirements found in A.R.S.
15-181, 15-183, and 15-184.
Additional
Information
Information requested Provide any additional statements of understanding that may be required or
implied by applicable statutes or rules.
Supporting data Provide any additional information that might be helpful in supporting this
request to establish a charter.
DELETE FROM MANUAL FEBRUARY 2017 - Authorizing statute has been rescinded.
The Superintendent is authorized to cooperate with colleges, universities, and other recognized research agencies in promoting potentially useful research. Because of the requirements in the Protection of Pupil Rights Amendment (20 U.S.C. 1232h) it may be necessary to limit the number and establish guidelines for the approval of studies.
The District will comply with all statutes pertaining to surveys including the requirement that notwithstanding any other law, each school district and charter school shall obtain written informed consent from the parent of a pupil before administering any survey that is retained by a school district, a charter school or the department of education for longer than one (1) year and that solicits personal information about the pupil regarding a number of characteristics which are listed in the statute A.R.S. 15-117.
Decisions in connection with research involving students, teachers, or other employees will be influenced by the following factors:
● The A. The objectives of the research should be clearly stated and the design should produce valid and reliable results reliable results that will then be made available to the District.
● The B. The research should be expected to contribute to the improvement of education or the general welfare of studentsof students.
● Data C. Data derived from school records, interviews, surveys or questionnaires that have potential for invasion of the of the privacy of students or their families must have advance written authorization of parents or guardians even guardians even though the collecting and reporting of data are to be conducted under conditions of anonymity.
● Research D. Research proposals should be of sufficient scope and depth to justify the time and effort.
● In E. In general, instructional activities will not be interrupted unless there is a clear significance for the educational program educational program of the schools.
● Projects F. Projects involving student researchers must have prior written approval by a faculty member of the institution in institution in which the student is enrolled. This faculty member must have direct responsibility related to the student's researchs research.
The following activities require direct annual notification to parents at the beginning of the school year of the specific or approximate dates when scheduled, if scheduled in accordance with the Protection of Pupil Rights Amendment:
● Activities A. Activities involving the collection, disclosure, or use of personal information collected from students for the purpose the purpose of marketing or for selling that information (or otherwise providing that information to others for that for that purpose).
● The B. The administration of any survey containing one (1) or more items described below.
■ Political 1. Political affiliations or beliefs of the student or the student's parent.
■ Mental 2. Mental or psychological problems of the student or the student's family.
■ Sex 3. Sex behavior or attitudes.
■ Illegal4. Illegal, anti-social, self-incriminating, or demeaning behavior.
■ Critical 5. Critical appraisals of other individuals with whom respondents have close family relationships.
■ Legally 6. Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministersand ministers.
■ Religious 7. Religious practices, affiliations, or beliefs of the student or the student's parent.
■ Income 8. Income (other than that required by law to determine eligibility for participation in a program or for receiving for receiving financial assistance under such program).
● Any C. Any nonemergency, invasive physical examination or screening that is:
■ required 1. required as a condition of attendance;
■ administered 2. administered by the school and scheduled by the school in advance; and
■ not 3. not necessary to protect the immediate health and safety of the student, or of other students.
Adopted: date of
manualManual adoption
LEGAL REF.:
A.R.S.
15-104
15-117
20 U.S.C. 1232h
34 C.F.R. 98
CROSS REF.:
JRR - Student Surveys
EXHIBIT
RELATIONS WITH EDUCATION
RESEARCH AGENCIES
(Model Notification of Rights Under the Protection of
Pupil Rights Amendment [PPRA]MODEL NOTIFICATION OF RIGHTS UNDER
THE PROTECTION OF
PUPIL RIGHTS AMENDMENT (PPRA)
PPRA affords parents and students who are under age eighteen (18) or emancipated minors (“eligible students”"eligible students") certain rights regarding our conduct of surveys, collection and use of information for marketing purposes, and certain physical exams. These include the right to:
● Consent A. Consent before students are required to submit to a survey that concerns one (1) or more of the following protected following protected areas:
■ Political 1. Political affiliations or beliefs of the student or student's parent;
■ Mental 2. Mental or psychological problems of the student or student's family;
■ Sex 3. Sex behavior or attitudes;
■ Illegal4. Illegal, anti-social, self-incriminating, or demeaning behavior;
■ Critical 5. Critical appraisals of others with whom respondents have close family relationships;
■ Legally 6. Legally recognized privileged relationships, such as with lawyers, doctors, or ministers;
■ Religious 7. Religious practices, affiliations, or beliefs of the student or parents; or
■ Income 8. Income other than as required by law to determine program eligibility.
● B. Receive notice and opportunity to opt a student out of:
■ Any 1. Any other protected information survey, regardless of funding;
■ Any 2. Any non-emergency, invasive physical exam or screening required as a condition of attendance, administered administered by the school or its agent, and not necessary to protect the immediate health and safety and safety of a student, except for hearing, vision, or scoliosis screenings, or any physical exam or screening or screening permitted or required under State law; and
■ Activities 3. Activities involving collection, disclosure, or use of personal information obtained from students for marketing students for marketing or to sell or otherwise distribute the information to others.
● C. Receive/Inspect, upon request and before administration or use:
■ Protected 1. Protected information surveys of students;
■ Instruments 2. Instruments used to collect personal information from students for any of the above marketing, sales sales, or other distribution purposes; and
■ Instructional 3. Instructional material used as part of the educational curriculum.
School District will/has develop(ed) and adopt(ed) policies policies, in consultation with parents, regarding these rights, as well as arrangements to protect student privacy in the administration of protected surveys and the collection, disclosure, or use of personal information for marketing, sales, or other distribution purposes.
School District will directly notify parents and eligible students of these policies at least annually at the start of each school year and and after any substantive changes.
School District will will also directly notify parents and eligible students, such as through registration materials, the U.S. Mail or e-mail, at least annually at the start of each school year of the specific or approximate dates of the following activities and provide an opportunity to opt a student out of participating in:
● CollectionA. Collection, disclosure, or use of personal information for marketing, sales or other distribution.
● Administration B. Administration of any protected information survey not funded in whole or in part by the U.S. Department of Department of Education.
● Any C. Any non-emergency, invasive physical examination or screening as described above.
Parents/eligible students who believe their rights have been violated may file a complaint with:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-4605
In order for staff members and students to benefit from the resources provided by colleges and universities, the Superintendent shall seek out and utilize the services of college and university faculty members or programs when they are compatible with the needs of the District.
Research involving student time shall be of benefit to the District.
Adopted: date of
manualManual adoption
The Board authorizes the Superintendent to arrange for the supervision and training of a reasonable number of student teachers each year and to establish procedures for such activity.
Before providing services directly to students, a person in a teacher preparation program who participates in a student teaching or other field experience shall obtain a fingerprint clearance card.
Student Teacher Assignments
Staff members shall notify their principal yearly as to their desire to have student teachers assigned to them to assist the university in its student teaching program. The placement of student teachers shall be recommended and coordinated by the building principal.
Classroom teachers shall be held responsible for pupil control and discipline, the instructional program, grading, and all other such duties and responsibilities as a condition of supervising student teachers.
Staff members participating in a supervisory capacity in the student teacher program are entitled to such financial or other remuneration as determined by the Arizona State Board of Regents.
Adopted: December 8, 2009Adopted: date of Manual adoption
It shall be the policy of the District to cooperate with the state educational agencies in the attainment of educational goals and objectives.
Waiver from Administrative Rules
A waiver from any administrative rule may be requested, in accord with A.A.C. R7-2-801, by submitting such request to the State Superintendent of Public Instruction for approval by the State Board of Education. Such request shall include, at a minimum, the following:
● Evidence A. Evidence that the school or the District is currently in compliance with all state laws and State Board of Education rules.
● A B. A statement identifying goals that will be accomplished and how the waiver will assist in enhancing school improvementschool improvement.
● A threeC. A three (3)-year plan for school improvement.
● Identification D. Identification of the specific rules for which the waiver is requested.
● Evidence E. Evidence of a public hearing held by the school or the District that provided for parental and public involvement public involvement and input into the proposed three (3) year plan.
A school within the District, as represented by the principal, may request approval of a waiver by submitting to the District Superintendent a proposal containing the minimum requirements as indicated above.
Proposals submitted by a school will be forwarded by the Governing Board to the State Superintendent of Public Instruction within thirty (30) days.
A waiver approved by the State Board of Education may be renewed.
A completed renewal request may be submitted to the Superintendent. The Governing Board will forward such renewal request to the State Superintendent of Public Instruction within thirty (30) days from receipt.
Adopted: date of
manualManual adoption
EXHIBIT
RELATIONS WITH STATE
EDUCATION AGENCIES
Waiver from Administrative Rules
A school or school district with a waiver approved by the State Board of Education shall document progress obtained as a result of the waiver and shall report on or before June 30 of each year to the State Superintendent of Public Instruction.
A school district having a school with an approved waiver may report the effects that such waiver has had on the operation of the school district. Reports shall be submitted on or before June 30 of each year to the State Superintendent of Public Instruction.
It shall be the policy of the Board to seek the highest status of membership for its schools in the North Central Association of Colleges and SchoolsAdvancEd, cooperating in the association's evaluations of the school system and considering its recommendations.
Adopted: date of manual Manual adoption
REGULATION
PUBLIC CONCERNS / COMPLAINTS
ABOUT INSTRUCTIONAL RESOURCES
Procedure for Handling Questioned
Speakers and Materials
Since opinions may differ in a democratic society, the following procedures shall be observed by the Board in considering those differences in an impartial and factual manner. Timely responses to these procedures by parents, citizens, and District staff members is expected so that disruption of the instructional process is minimized.
● Citizens of the District are encouraged to register concerns, criticisms, or complaints with the teacher involved, the appropriate building principal or supervisor involved, the Superintendent, and the Board, in that order.
● If any individual or group has a complaint or criticism of any textbook, resource, speaker, or instructional material, such criticism or complaint shall be presented in writing, using the form "Citizen's Request for Reconsideration of Instructional Materials and Speakers," which is available in the Superintendent's office or the office of each school building principal. The form shall be signed and sufficient identification given to allow a reply to be made from the appropriate level.
● The principal involved shall appoint a committee of school personnel to review the "Citizen's Request for Reconsideration of Instructional Materials and Speakers," reevaluate the questioned materials, and submit a written recommendation regarding the continued use of the questioned materials/speakers.
● The committee shall be composed of the building principal, who shall act as chairperson, the president of the Association or designee, the assistant superintendent for curriculum and instruction, the department or grade-level chairperson involved, and no less than three (3) nor more than five (5) other teachers. The teachers selected shall include those directly involved in the process as well as teachers from the appropriate department or grade level.
● The individual or group initiating the "Citizen's Request for Reconsideration of Instructional Materials and Speakers" may appeal the decision of the committee to the Board through the Superintendent.
● In all appeals of committee decisions, the Superintendent shall review the committee's recommendations, meet with the individual or group filing the appeal, and, if necessary, submit the appeal together with the Superintendent's recommendations for further consideration by the Board.
● Interim continued use of questioned resources shall be consistent with the written recommendation of the committee, pending formal action by the Board.
● In its disposition of the appeal, the Board's decision shall be consistent with the provisions of this policy.
EXHIBIT
PUBLIC CONCERNS / COMPLAINTS
ABOUT INSTRUCTIONAL RESOURCES
CITIZEN(S) REQUEST FOR RECONSIDERATION OF INSTRUCTIONAL VISUAL MATERIALS (FILMS AND VIDEOCASETTES)
Source of Material _______________________________ ◻ Film ◻ Videocassettes
Title ___________________________________________________________________
Producer (if known) _______________________________________________________
Request initiated by _______________________________________________________
Telephone _________________ Address ___________________________________
Complainant represents:
◻ Himself/Herself
◻ Organization (please name __________________________________________
◻ Other Group (please identify) __________________________________________
(For the following questions use back of sheet if more space is needed.)
1. Did you view the entire film or videotape? _______ What parts?
2. What do you feel might be the result of a student viewing this material?
3. For what age group would you recommend this material?
4. What is good about the film or videotape?
5. To what in the film or videotape to you object? (Please be specific; cite examples.)
6. Are you aware of the judgment of this material by literary critics?
7. What do you believe is the theme of this film or videotape?
8. What would you like your school to do about this material?
◻ Do not assign it to my child.
◻ Withdraw it from all students as well as from my child.
◻ Assign it only to _____________________________ (group or grade level)
9. In its place, what film or videotape of equal literary quality and similar content would you recommend that would convey as valuable a picture and perspective of our civilization?
______________________ ________________________________________________
Date Signature of Complainant
EXHIBIT
PUBLIC CONCERNS / COMPLAINTS
ABOUT INSTRUCTIONAL RESOURCES
CITIZEN(S) REQUEST FOR RECONSIDERATION OF
INVITED SPEAKERS
Name of Speaker _________________________________________________________
Title (if any) _____________________________________________________________
Company or Agency Repre-
sented by Speaker (if known) ________________________________________________
Request initiated by _______________________________________________________
Telephone __________________ Address ___________________________________
Complainant represents:
◻ Himself/Herself
◻ Organization (please name __________________________________________
◻ Other Group (please identify) __________________________________________
(For the following questions use back of sheet if more space is needed.)
1. Have you ever heard the speaker? _______ If so, when? ________________
2. What do you feel might be the result of a student hearing this speaker?
3. For what age group would you recommend this speaker?
4. What is good about the speaker?
5. To what about the speaker do you object? (Please be specific.)
6. Are you aware of the judgment of this speaker by critics?
7. What do you believe to be the theme of this speaker's presentation?
8. In his/her place, what speaker of equal quality and similar stature would you recommend who would convey as valuable a picture and perspective of our civilization?
______________________ ________________________________________________
Date Signature of Complainant
EXHIBIT
DISTRIBUTION / POSTING OF
PROMOTIONAL MATERIAL
REQUESTING INDIVIDUAL/GROUP
QUESTIONNAIRE/DISCLAIMER
1. Who? Provide your name or organization's name: _______________________
__________________________________________________________________
2. What? Provide a description of your event or service: ____________________
__________________________________________________________________
__________________________________________________________________
3. When? Provide information on where your event occurs: __________________
__________________________________________________________________
__________________________________________________________________
4. Where? Provide information on where your group meets: _________________
__________________________________________________________________
__________________________________________________________________
5. Contact Information (names, address, phone, e-mail, website): _____________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
DISCLAIMER
The information above is provided as a public service. The activity or program described is not sponsored, endorsed, reviewed, or screened in any way by the Flagstaff Unified School District. The School District does not monitor or supervise the activity or program described above. Parents and guardians are urged to speak with the sponsoring organization and carefully evaluate the suitability of the activity for their children prior to their children's participation.
Date: ________________ Administrator's Initials: ______________________
REGULATION
RELATIONS WITH
BOOSTER ORGANIZATIONS
Monies generated by parent booster groups or any other private or non- profit organizations may, following building administration approval, be expended for:
● Improvement of facilities.
● Uniforms.
● Equipment.
● Awards.
● Meals and lodging.
● Any other District-approved items.
Monies will be deposited in an appropriate account. Any monies expended shall have building-level review, followed by action to approve or disapprove such requests.
The group(s) or individual(s) donating the money will not seek to influence or direct the operation of any school program.
Coaches/sponsors shall work through the administration on all requests for monies from outside groups.
The District shall retain the primary responsibility to provide uniforms and equipment for all programs.
SUGGESTED MOTIONS TO ACCOMPLISH
POLICY MANUAL ADOPTION
Initial Motion
"I move to rescind and nullify all current and past policies of the Flagstaff Unified School District No. 1."
If the initial motion carries, the Board should
proceed to act on one of the following motions.
Subsequent Motion A
"I move that we adopt the policy manual that has been developed with consulting assistance from the Arizona School Boards Association."
or
Subsequent Motion B
"I move that we adopt the policy manual that has been developed with consulting assistance from the Arizona School Boards Association, including the changes prescribed and approved by the Board."