 first
|
NEPN (master) to Glendale Elementary School District No. 40 collection comparison (changes only) Click on the changed parts for a detailed description. Use the left and right arrow keys to walk through the modifications. |
last 
|
POLICY MANUAL AND ADMINISTRATIVE REGULATIONS
GLENDALE ELEMENTARY SCHOOL DISTRICT NO. 40
GLENDALE, MARICOPA 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 Glendale Elementary School District No. 40 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 Glendale Elementary School District No. 40.
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 Governing 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 "Glendale Elementary School District No. 40."
Whenever the terms Board or Governing Board appear in this Manual they are to be interpreted as the "Governing Board of the Glendale Elementary School District No. 40."
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: September 26, 2019
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 Governing 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:
Our mission statement is:
Our highly trained and caring staff, in partnership with our families and community, ensures each student will achieve the academic excellence and confidence to embrace a future of higher education leading to a productive and fulfilling life.
To achieve this mission, the Governing Board has adopted the following core values:
A. Academic Excellence for Each Student
We believe that every student has an endless capacity to learn and achieve both academically and personally.
B. Integrity
As individuals and as an organization, we are committed to a culture of honesty, trust, respect, and fairness with each other and with the diverse communities we serve.
C. Diversity
We recognize and value the diversity of our students and community.
D. Partnerships
We are committed to working with parents, families, community, and each other to ensure student success.
E. Safe, Orderly and Welcoming Environment
We are committed to welcoming all individuals to our safe, secure, and well-maintained schools and facilities.
F. Stewardship of Resources
We are dedicated to responsibly using all resources to best serve our students.
G. Employee Excellence
We believe in professional and personal excellence and in each employee's responsibility to positively impact student learning and success.
(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: <-- z2AdoptionDate -->
The legally designated name of the District is School District No. 40 of Maricopa _____ of ______________ County. The official name shall be Glendale Elementary ______________ School District No. 40___.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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)
GLENDALE ELEMENTARY __________ SCHOOL DISTRICT NO. 40
GLENDALE, MARICOPA COUNTY, ARIZONA
Beginning at the Northest corner of Section 33, Township 3 North, Range 2 East; thence West three and one-half miles; thence South through the center of Section 36, Township 3 North, Range 1 East; thence West one and one-half miles to the Northwest corner of Section 2, Township 2 North, Range 1 East; thence South three miles to the Southwest corner of Section 14, Township 2 North, Range 1 East; thence East three miles to the Southeast corner of Section 18, Township 2 North, Range 2 East; thence North one mile; thence East one and one-half miles; thence North through the center of Section 9; thence East one-half mile; thence North two miles to the place 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 Manual adoption<-- z2AdoptionDate -->
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 levelsschool 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 Manual adoption<-- z2AdoptionDate -->
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, 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 Manual adoption<-- z2AdoptionDate -->
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
All individuals associated with this District, including, but not necessarily limited to, the Governing Board, the administration, 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 verbal or physical conduct 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:
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; suggesting that a poor performance report will be prepared; suggesting that probation will be failed; implying or actually withholding grades earned or deserved; or suggesting that a scholarship recommendation or college application will be denied.
D. Coercive sexual behavior used to control, influence, or affect the career, salary, and/or work environment of another employee; or engaging in coercive sexual behavior to control, influence, or affect the educational opportunities, grades, and/or learning environment of a student.
E. Offering or granting favors or educational or employment benefits, such as grades or promotions, favorable performance evaluations, favorable assignments, favorable duties or shifts, recommendations, reclassifications, et cetera, in exchange for sexual favors.
Anyone who is subject to 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.
A substantiated charge against a student in the District shall subject that student to disciplinary action, which may include suspension or expulsion.
All matters involving sexual harassment complaints will remain confidential to the extent possible.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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
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 elected 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.
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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
Arizona State Constitution, Article XI, Section 1
The Board shall establish annual goals and objectives for the operation of the District with input from the staff and the community.
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 Manual adoption<-- z2AdoptionDate -->
The Board shall 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:
A. Board meetings/decision-making process.
B. Policy development/implementation.
C. Board/District goal setting.
D. Curriculum and instruction management/program.
E. Fiscal management/resource allocation.
F. School plant planning/management.
G. Board member orientation.
H. Board member development.
I. Board officer performance.
J. Board member relationships.
K. Board-Superintendent relationship.
L. Board-community relationship.
M. Legislative and governmental relationships.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-321
CROSS REF.:
BDD - Board-Superintendent Relationship
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 Manual adoption<-- z2AdoptionDate -->
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:
A. The legislative function is the policy-making aspect of the school system. It is the policy of the Board to retain and exercise full legislative authority and control over the schools by adopting general policies or by acting directly in matters not covered by its policies.
B. The executive function of the Board is concerned with placing in operation existing Board policy. Most of this function is delegated by the Board to its executive and administrative officer, the Superintendent.
C. The appraisal function involves the determination of the efficiency of the school operation and an evaluation of 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:
A. To become familiar with the state's school laws, regulations of the State Department of Education, and District policies, rules, and regulations.
B. To have a general knowledge of the educational aims and objectives of the system.
C. To work harmoniously with other Board members without neglecting a proper share of the work or trying to dominate the Board.
D. To vote and act in Board meetings impartially for the good of the District.
E. To accept the will of the majority vote in all cases, and give wholehearted support to the resulting policy.
F. To accept the responsibility for confidentiality in appropriate matters, especially those dealing with personnel and the divulging of privileged information that could cost the District money, support, or public confidence.
G. To represent the Board and the District to the public in a manner that promotes both interest and support.
H. 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 Manual adoption<-- z2AdoptionDate -->
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 Manual adoption<-- z2AdoptionDate -->
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 school district governing board, except that a Governing Board member may be a candidate for nomination or election for any other 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:
A. Shall not serve simultaneously on the Governing Board.
B. Are ineligible to be a candidate for nomination or election to the Governing Board, except when a member is serving in the last year of a term of office.
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: date of Manual adoption<-- z2AdoptionDate -->
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: date of Manual adoption<-- z2AdoptionDate -->
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
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 Manual adoption<-- z2AdoptionDate -->
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:
A. Death of the person holding the office.
B. Insanity of the person holding the office, when judicially determined.
C. Resignation of the person holding the office and the lawful acceptance of the resignation.
D. Removal from office of the person holding the office.
E. The person holding the office ceasing to be a resident of the district for which he was elected.
F. Absence from the state by the person holding the office, without permission of the legislature, beyond the period of three (3) consecutive months.
G. The person holding the office ceasing to discharge the duties of office for the period of three (3) consecutive months.
H. Conviction of the person holding the office of a felony or an offense involving a violation of official duties.
I. Failure of the person elected or appointed to such office to file an official oath within the time prescribed by law.
J. A decision of a competent tribunal declaring void the election or appointment of the person elected or appointed to the office.
K. Failure of a person to be elected or appointed to the office.
L. A violation of section 38-296 by 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 Manual adoption<-- z2AdoptionDate -->
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: date of Manual adoption<-- z2AdoptionDate -->
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:
A. Remember always that a Board member's first and greatest concern must be the educational welfare of the students attending the public schools.B. Attend all Board meetings insofar as possible, and become informed concerning the issues to be considered at those meetings;
CB. Recognize that decisions should be made only after discussion at publicly held Board meetings;
DC. Render all decisions based on the available facts and independent judgment, and refuse to surrender that judgment to individuals or special-interest groups;
ED. Encourage the free expression of opinion by all Board members, and seek systematic communications between the Board and students, staff, and all elements of the community;
FE. Work with other Board members to establish effective Board policies and to delegate authority for the administration of the schools to the Superintendent;
GF. Communicate to other Board members and the Superintendent expressions of public reaction to Board policies and school programs;
HG. Be informed about current educational issues by individual study and through participation in programs providing needed information, such as those sponsored by state and national school boards associations;
IH. Support the employment of persons best qualified to serve as school staff members, and insist on a regular and impartial evaluation of all personnel;
JI. Avoid being placed in a position of conflict of interest, and refrain from using their Board position for personal or partisan gain; and
KJ. Take no private action that will compromise the Board or administration, and respect the confidentiality of information that is privileged under applicable law; and
K. Remember always that a Board member's first and greatest concern must be the educational welfare of the students attending the public schools.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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]
"Refrain from participating in any manner" means more than just refraining from making a final decision. It means participating in any way in the process leading up to a decision. An employee with a conflict of interest must not make recommendations, give advice, or otherwise communicate in any manner with anyone involved in the decision-making process.
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:
A. Purchases for supplies, materials, and equipment are limited to three hundred dollars ($300) per transaction;
B. Total purchases within any twelve (12) month period are limited to one thousand dollars ($1,000);
C. The purchases comply with the Uniform System of Financial Records (USFR) guidelines for oral and written quotations.
D. The Board has, by majority vote, adopted or reconfirmed a policy authorizing such purchases within 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: date of Manual adoption<-- z2AdoptionDate -->
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 Glendale Elementary the _____________________ School District;
2. That I (or my relative[s]: _________________________________________) have a substantial interest in the contract, sale, purchase, decision, investigation, or other matter by the Glendale Elementary School District No. 40 _______________________________ Governing Board as described below.
Identify the contract, sale, purchase, service, decision, investigation, or other matter in which you or your relative may have a "substantial interest" under A.R.S. §§ 38-501 to 511. (Use as much space as necessary)
Describe the "substantial interest" referred to above. (Use as much space as necessary.)
STATEMENT OF DISQUALIFICATION
To be completed if you have a conflict as identified above.
To avoid any possible conflict of interest under A.R.S. §§ 38-501 to 511, I will refrain from participating in any manner in the matter identified above.
_________________________ ______________________________________
Date Signature
STATEMENT OF NO CONFLICT
To be completed only if you do not or your relative does not
have a conflict of interest.
I, _______________________________, do hereby indicate that I do not have, and none of my relatives has, a substantial interest in any contract, sale, purchase, service, decision, investigation, or other matter of the Glendale Elementary _____________________________ School District.
_________________________ ______________________________________
Date Signature
The District will investigate allegations of inadequate disclosure of substantial interests and/or inappropriate participation when a substantial interest may exist.
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 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 shall be elected and the meeting shall be called to order by the temporary president. 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.
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 Manual adoption<-- z2AdoptionDate -->
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:
A. Preside over all meetings and conduct meetings in accordance with Arizona law and policies of the District.
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.
C. Encourage and maintain orderly and democratic participation.
D. Keep all discussions factual and on the subject at hand.
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 and temporarily perform the functions of the President.In the absence of the President and Clerk, Board members shall select a temporary president, and such action which selection shall be recorded in the minutes.
Clerk
The Clerk of the Governing Board shall perform the following duties unless the Board delegates them to an employee:
A. Validate a record of the proceedings of the Board in accordance with Arizona law and policies of the District.
B. Review the voucher summary reports of school monies.
C. Discharge such duties as are prescribed by the Board.
Adopted: date of Manual adoptionAdopted: <-- z2AdoptionDate -->
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 Manual adoption<-- z2AdoptionDate -->
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 Manual adoption<-- z2AdoptionDate -->
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 broadly representative of the community and 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 may 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 a representative of the Superintendent may will serve as ex-officio members of all advisory committees.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
38-431 et seq.
CROSS REF.:
BEC - Executive Sessions/Open Meetings
The 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 Manual adoption<-- z2AdoptionDate -->
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 adoption<-- z2AdoptionDate -->
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:
A. Regular meeting - the usual official legal-action meeting, scheduled and held regularly.
B. Special meeting - an official legal-action meeting called between scheduled regular meetings to consider 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.
A meeting includes a one-way electronic communication by one member of a public body that is sent to a quorum of the members of a public body and that proposes legal action.
A meeting also includes an exchange of electronic communications among a quorum of the members of a public body that involves a discussion, deliberation or the taking of legal action by the public body concerning a matter likely to come before the public body for action.
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 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.The Governing Board adopts a meeting schedule each school year
Choose this:
The _______ and ___________________________ of each month during the regular school year are designated as the regular Board meeting dates. The Board may hold other meetings as often as called. The dates of all regular and special meetings are posted on the District's website and public event calendar.
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:
A. By majority vote of the Board when noticed as a meeting agenda item.
B. By declaration of the Board President, or if the President is unavailable another member of the Board, in consultation with the Superintendent, when a significant event beyond the Board's control renders attendance at the meeting unsafe or unreasonable in light of the circumstance, such as:
1. Significantly inclement weather conditions, or
2. A local, state, or national emergency of a magnitude it intervenes to the extent that convening of the meeting is inadvisable.
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: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-321
15-843
38-431 et seq.
38-431.01
A.G.O.
I79-45
CROSS REF.:
BEC - Executive Sessions/Open Meetings
BEDA - Notification of Board Meetings
BEDB - Agenda
BEDC - Quorum
BEDF - Voting Method
BEDG - Minutes
The Board may enter into executive session after the following requirements have been met:
A. The Board 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 law authorizing the executive session, has been given.
BC. The The Board President has identified the section or sections of A.R.S. 38-431.03 that that authorize the holding of the of the executive session and has stated the language of the section(s) and a general description of the matters to matters to be considered.
CD. The executive 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. The clerk, or the clerk's designee, will prepare written minutes of all executive sessions in accordance with A.R.S. 38-431.01(C).
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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
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 (24) 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 (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
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 (24) 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 (24) 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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-321
A statement of the posting place for shall be conspicuously posted on the District's website specifying where all notices of the Governing Board meetings shall be filed with the clerk of the Board of Supervisors. A regular meeting may be canceled by agreement of a majority of the Board.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, with the exception of an actual emergency, in which case such notice as is appropriate to the circumstances shall be given. 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 May include Saturday when, in addition to any website posting, the public has twenty-four (24) hour access to access to the physical posting location.
B. Does Does not include Sundays and other holidays set out prescribed in A.R.S. 1-301.
Adopted: date of Manual adoptionA 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: <-- z2AdoptionDate -->
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 Body
Sections 7.6.3, 7.10.1
NOTICE OF MEETING OF THE [NAME OF SUBCOMMITTEE OR
ADVISORY 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.
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 meetings:
A. Call to order
B. Adoption of the agenda (Discussion of items is not in order.)
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
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 during an open call to the public unless the matters are properly noticed for discussion and legal action.)
G. Action items (Matters on which the Governing Board may take legal action during the meeting.)
1. Consent agenda items (When so presented, should fully describe the matters on the agenda and inform the public where more information can be obtained.)
2. Specific items of District business (As listed for consideration, may include various categorical areas as the business of the District necessitates Board discussion, deliberation, and action.)
H. 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.)
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 conditioned for regular meetings.)
C. Announcements
D. Adjournment
Executive sessions:
An executive session may be scheduled, as necessary, during either a regular or special meeting. (See Arizona Attorney General Agency Handbook Section 7.6.7.)
1. When an executive session is to be held, the notice must state the specific provision of law authorizing the executive session.
2. The Board may vote to hold an executive session for the purpose of obtaining legal advice from the Board's attorney on any matter listed on the agenda pursuant to A.R.S. 38-431.03(A)(3).
Emergency meetings
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 [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: date of Manual adoption<-- z2AdoptionDate -->
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
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]
Regular Meetings
The Superintendent will prepare Board meeting agendas in consultation with the Board President.
The Superintendent, 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 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 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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
38-431 et seq.
CROSS REF.:
BDB - Board Officers
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]
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 fifteen (15____________ (____) 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: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
1-216
15-321
A.G.O.
I84-165
CROSS REF.:
BBBE - Unexpired Term Fulfillment
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 Board prescribes rules for its meetings as follows:
A. It shall hold a regular meeting at least once each month during the regular school year and may hold other meetings as often as called.
B. Each action item shall require a motion, and all motions shall require seconding.
C. The President may make or second motions, and may vote on all motions.
D. A motion to adjourn is in order at any time. Such a motion shall require a second and a majority vote. No discussion is in order.
E. A motion to table is in order at any time. Such a motion requires a second and is limited to being considered only once on any given agenda item. No discussion is in order.
F. Rules of order may be subject to suspension only upon a majority vote of the members of the Board present at a meeting.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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, nays 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 show-of-hands or roll-call, an indication of how each member voted, the names of the members who propose each motion and the names of the persons, as given, who make statements or present material to the public body and a reference to the legal action about which they made statements or presented material shall be recorded.
All motions shall be carried by a majority of the members who vote, or as otherwise required by law.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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
EXHIBIT
AGENDA
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 (10) 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.
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: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-843
38-421
38-431.01
38-431.03
39-101
39-121
39-122
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
BEDF - Voting Method
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. 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: date of Manual adoption<-- z2AdoptionDate -->
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 Manual adoption<-- z2AdoptionDate -->
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:
A. Date, time, and place of meeting.
B. Members of the Governing Board recorded as either present or absent.
C. General description of the matter considered.
D. A record of how each member voted.
E. An accurate description of all legal actions proposed, discussed or taken, and the name of the Board member who proposed each motion.
F. Names of the persons, as given, making statements or presenting material to the Governing Board and a reference to the legal action about which they made statements or presented material.
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:
A. the coming together of a quorum of Governing Board members:
1. in person or by technological devices such as speakerphone, Internet, or other device,
2. including study sessions, work sessions, and retreats,
3. regardless of whether or not any voting is scheduled to occur,
B. or of a subcommittee or advisory committee appointed by or at the direction of the Board, or which is to report to the Board,
1. is a "meeting" and, therefore,
2. minutes must be taken and processed as required by statute and specified above.
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 Manual adoption<-- z2AdoptionDate -->
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:
1. [Generally describe all matters discussed or considered by the public body.]
2. [Describe accurately all legal actions proposed, discussed, or taken and the names of persons who proposed each motion].
3. [Identify each person making statements or presenting material to the public body, making specific reference to the legal action about which they made statements or presented material.]
4. [Other required information. See Section 7.8.2(6), (7), (8).]
Dated this ________ day of _______________________, 20____.
___________________________________
[name of public body]
By_________________________________
[authorized signature]
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:
A. First meeting - the proposal shall be presented for review.
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 Manual adoption<-- z2AdoptionDate -->
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:
1. [Generally describe the matters discussed or considered by the public body.]
2. [Describe all instructions given to attorneys or designated representatives pursuant to A.R.S. § 38-431.03(A)(4), (5) and (7).]
3. [If the executive session is held as an emergency session, include the statement of reasons for the emergency consideration. See Section 7.8.2(7).]
4. [Include such other information as the public body deems appropriate, including information necessary to establish that executive session was proper and appropriate. See Section 7.8.3(5).]
Dated this ________ day of _______________________, 20____.
___________________________________
[name of public body]
By_________________________________
[authorized signature]
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 Manual adoption<-- z2AdoptionDate -->
CROSS REF.:
BGE - Policy Communication/Feedback
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.
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 Manual adoption<-- z2AdoptionDate -->
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 Manual adoption<-- z2AdoptionDate -->
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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-321
Official communication between the Board and employees will occur as follows:
A. An employee will first communicate on school- or employment-related matters at the administrative level. Any employee who exhausts the opportunity of discussing a matter at the various administrative levels may then communicate in writing with the Board on the matter. No anonymous communication will be considered by the Board.
B. Any employee who wishes to address the Board in the employee's capacity as a parent, District resident, or individual, rather than as an employee, may do so by following the procedures in Policies BEDH and BHD.
C. Official communications, policies, directives, Board concerns, and Board action(s), as appropriate, will be communicated to employees by the Superintendent.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-321
15-341
38-431.01
38-431.02
CROSS REF.:
BEDH - Public Participation at Board Meetings
Official communication between the Board and the community is subject to the following:
A. Any community member who exhausts the opportunity of discussing a matter at the administrative level may communicate with the Board in writing. No anonymous communication will be considered by the Board.
B. A member of the community who wishes to address the Board in person may do so by following the procedures in Policy BEDH.
C. Official communications, policies, Board concerns, and Board action, as appropriate, will be imparted to the community by the Superintendent.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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 Manual adoption<-- z2AdoptionDate -->
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 Manual adoption<-- z2AdoptionDate -->
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:
A. The Board will periodically decide which meetings appear to be most promising in terms of producing direct and indirect benefits to the District.
B. Funds for participation at such meetings will be budgeted on an annual basis. When funds are limited, the Board will designate which of its members would be the most appropriate to participate at a given meeting. With the prior approval of the Board, Board members may participate in meetings other than those authorized in the budget.
C. When a conference, convention, or workshop is not attended by the full Board, those who do participate will be requested to share information, recommendations, and material acquired at the meeting.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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 Manual adoption<-- z2AdoptionDate -->
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:
A. Former Board members must have served at least four (4) consecutive years on the Board, must have been covered under the insurance plan while serving as Board members, and must pay the full premiums for the insurance coverage. Such participation must not result in an expenditure of District monies.
B. The spouse and dependents of a Board member or former Board member may continue participation in the insurance plan if they pay the full premium for the insurance coverage and their participation does not result in any expenditure of District monies.
C. For a surviving spouse or dependents of a Board member or former Board member to be eligible for continued coverage, the deceased Board member or former Board member must have served four (4) consecutive years and have been covered under the insurance plan while serving on the Board.
D. The surviving spouse and/or dependents of a deceased Board member who was eligible for coverage while in office will be eligible for continued coverage.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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 Manual adoption<-- z2AdoptionDate -->
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: date of Manual adoption<-- z2AdoptionDate -->
In addition to informational liaison between itself and the various school boards associations, the Board 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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-342
REGULATION
EVALUATION OF SUPERINTENDENT
(Guidelines)
Steps in the Formal
Evaluation Process
Beginning in September, the Superintendent will provide the Governing Board with reports on the previous school year's assessment results, state performance rating, and achievement of Strategic (District) Goals. These reports will be done in open session. The Superintendent will also provide reports on completion of Performance (personal) Goal(s), which may be held in an executive session. Following the reports, Board members will be provided with an evaluation packet containing the Superintendent evaluation policy (CBI), procedures (CBI-R) and evaluation forms (CBI-E). The Governing Board will then meet in executive session to complete the Superintendent's annual summative performance evaluation. This process regarding reporting will be concluded by November 30 of each school year but such deadline may be extended by the Governing Board.
Part I - Administrative Standards - Part I of the evaluation instrument measures the Superintendent's performance based on six (6) administrative performance standards in five (5) main categories. A composite rating and summary paragraph are completed for each standard listed on the instrument.
Each individual Board member will complete Part I of the evaluation instrument individually. Unsatisfactory ratings require specific information and/or supporting evidence that justifies the rating, as well as direction for improvement.
The average of the Governing Board members' individual scores will be calculated to determine the composite score assigned for each standard. The Board will attempt to reach consensus on a summary paragraph for each standard.
Part II - Annual Goals and Objectives - The second part of the evaluation assesses the Superintendent's performance related to the annual goals mutually developed and agreed upon with the Governing Board. A composite rating and summary paragraph are completed for the Superintendent's progress towards the attainment of each strategic (District) and performance (personal) goal.
Each individual Board member will rate the Superintendent's progress toward attainment of each annual strategic (District) and performance (personal) goal individually. Unsatisfactory ratings require specific information and/or supporting evidence to be provided to justify the rating, as well as direction for improvement.
The average of the individual scores will be calculated to determine the composite score assigned for each goal. The Board will attempt to reach consensus on a summary paragraph for each goal.
Part III - Overall Assessment - The final part of the evaluation combines scores from Part I and Part II for the overall rating of the Superintendent's performance. The Board will attempt to reach consensus on a summary statement. In any instance in which the Board cannot reach consensus on the language in any summary paragraph or statement, the Board shall follow the following process: Summary paragraphs or statements will be prepared by the Board President or other designee.
If any individual Governing Board member disagrees with the summary, the Board member will submit his/her individual summary for that particular item to the Superintendent individually.
The Board will meet with the Superintendent to review the evaluation documents.
The Board will convene an executive session to conduct the review. The Superintendent will be provided with copies of Part I, Part II, and Part III. The Superintendent's original evaluation forms will be placed in the Superintendent's personnel file as appropriate.
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:
A. the processes of decision making and communication;
B. Effective resource management.C. planning, organizing, implementing, and evaluating educational programs;
DC. the demonstration of educational leadership;
ED. the development and maintenance of close working relationships and channels of communication within the District and the community;
FE. the minimization of misunderstandings; and
GF. the development of cooperation toward attaining the educational goals adopted by the Board.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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 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 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 Manual adoption<-- z2AdoptionDate -->
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:
A. Administers the development, coordination, maintenance, and evaluation of the educational program, including the special education program.
B. Supervises methods of teaching, supervision, and administration in effect in the schools.
C. Keeps informed of modern educational thought and practices by advanced study, by visiting school systems elsewhere, by attending educational conferences, and by other appropriate means.
D. Keeps the public informed about modern education practices, educational trends, and the policies, practices, and problems in the District schools.
Management:
A. Ensures that all activities of the District are conducted in accordance with the laws of the state of Arizona, the regulations of the Arizona Board of Education, and the policies of the Governing Board.
B. Assumes responsibility for the overall financial planning of the District and for the preparation of the annual budget, and submits it to the Board for review and approval.
C. Establishes and maintains efficient procedures and effective controls for all expenditures of school funds in accordance with the adopted budget, subject to direction and approval of the Board.
D. Maintains or has maintained adequate records for the schools, including, but not limited to:
1. financial accounts,
2. business and property records,
3. personnel,
4. school population,
5. student records including verifiable documentation of each student's residency in this state in accordance with guidelines and forms adopted by the Arizona Department of Education, and
6. scholastic records.
E. Provides suitable instructions and regulations to govern the maintenance of District properties.
F. Provides suitable instructions and regulations to govern the safety and transportation of students.
G. Assumes responsibility for the use of buildings and grounds.
H. Recommends the locations and sizes of new school sites and of additions to existing sites; the locations and sizes of new buildings; the plans for new school buildings; all appropriations for sites and buildings; 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.
K. Remains current on new legislation and implements laws to the best advantage of the District.
Governing Board:
A. Attends and participates in all meetings of the Board and its committees, except when excused by the Board.
B. Takes prompt action to implement all directives of the Board.
C. Advises the Board on the need for new and/or revised policies.
D. Provides timely advice to the Board on the implication of changes in statutes or regulations affecting education.
E. Informs and advises the Board about programs, practices, and problems of the schools, and keeps the Board informed of the activities operating under the Board's authority.
F. Prepares and submits to the Board recommendations relative to all matters requiring Board action, placing before the Board such facts, objective information, and reports as are needed to ensure the making of informed decisions.
G. Develops and implements rules and regulations in keeping with Board policy.
H. Acts as chief public relations agent for the District.
I. Acts on own discretion if action is necessary in any matter not covered by Board policy, reports such action to the Board as soon as practicable, and recommends policy guidance in the future.
Personnel:
A. Recommends to the Board the appointment or dismissal of all employees of the District.
B. Ensures that all employees are evaluated in accordance with the schedule established by the Board.
C. Determines assignments, defines the duties, and coordinates and directs the work of all employees of the District.
D. Recommends all promotions, demotions, and salary changes to the Board.
E. Communicates to all employees all actions of the Board relating to personnel matters, and receives 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: date of Manual adoption<-- z2AdoptionDate -->
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
The Governing Board delegates to the Superintendent, among other powers, the authority to perform the following acts:
A. To give notice to teachers, pursuant to A.R.S. 15-536, of the Board's intention not to offer a teaching contract.
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 and to dismiss the teacher.
C. To give notice to an administrator or certificated school psychologist, pursuant to A.R.S. 15-503, of the Board's intention not to offer a new contract.
D. To issue to teachers, pursuant to A.R.S. 15-536, 15-538, and 15-539, written preliminary notices of inadequacy of classroom performance, reporting such issuance to the Governing Board within ten (10) school days.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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; however, the first fully comprehensive evaluation will be that which occurs in November of the Superintendent's second year.
Any meetings of the Board to compile evaluations, or meetings to discuss the 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 any written evaluation shall be given to the Superintendent. If in disagreement with such evaluation, the Superintendent may respond in writing to the Governing Board.
Upon the conclusion of the evaluation, the Governing Board may determine whether any changes in the compensation and benefits or contract 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 no earlier than fifteen (15) months before the expiration of the 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 and any comments by the Superintendent shall become a part of the Superintendent's personnel file.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-503
CROSS REF.:
CBA - Qualifications and Duties of the Superintendent
EXHIBIT
EVALUATION OF SUPERINTENDENT
Part I: Administrative Standards
Each individual Board member will rate the Superintendent in the standards prior to the evaluation meeting. Unsatisfactory ratings require specific information and/or supporting evidence that justifies the rating, as well as direction for improvement.
Rating Scale: 4 = Outstanding
3 = Satisfactory
2 = Needs Improvement
1 = Unsatisfactory
At the evaluation meeting, the individual Board members' scores will be averaged to determine the composite rating for each standard and a summary paragraph will be developed.
A. Educational Leadership
|
Standard 1: Facilitates the development, articulation, implementation, and stewardship of a vision of learning that is shared and supported by the school community. |
|
|
Indicator |
Rating |
|
Develops, implements, and monitors the District's mission to improve student achievement. |
|
|
Promotes support for and fulfillment of the District's mission. |
|
|
Provides purpose and direction for individuals and groups within the District. |
|
|
Demonstrates knowledge of educational issues and how they affect students, schools, and the community. |
|
|
Overall Rating for Standard 1 | |
|
Standard 2: Advocates and supports curricular and instructional programs that promote the success of students. |
|
|
Indicator |
Rating |
|
Develops a strategic plan that enhances teaching and learning. |
|
|
Demonstrates knowledge of curriculum design, including alignment and sequence of curriculum that promotes student achievement. |
|
|
Applies knowledge of valid and reliable performance indicators and testing procedures in measuring student achievement. |
|
|
Uses current technology, telecommunication, and information systems to support instruction, student achievement, and staff development. |
|
|
Advocates, nurtures and sustains a District culture and instructional program conducive to student learning. |
|
|
Provides opportunities for growth experiences for all District personnel. |
|
|
Implements programs to help students develop as caring and informed citizens. |
|
|
Takes an active leadership role in the development and ongoing evaluation of the instructional programs. |
|
|
Evaluates educational innovations for implementation and/or changes in the schools. | |
|
Establishes a student achievement monitoring and reporting system based on disaggregated data. |
|
|
Overall Rating for Standard 2 | |
B. Relationship with the Governing Board
|
Standard 3: Develops, nurtures, and maintains a productive, professional relationship with the Board. |
|
|
Indicator |
Rating |
|
Provides the Board with the agenda and appropriate back-up material before each Board meeting. |
|
|
Informs and advises the Board about school programs, events, and issues, and other major activities operating under the Board's authority. |
|
|
Presents material in a clear, concise manner. |
|
|
Seeks and accepts constructive criticism of work. |
|
|
Supports Board actions to the public and the staff. |
|
|
Ensures all Board members are provided with the same information as the rest of the Board. |
|
|
Takes prompt action to implement all directives of the Board. |
|
|
Develops and implements rules and regulations in keeping with Board policy. |
|
|
Informs the Board of policies and procedures that need revision, updating, or creation. |
|
|
Encourages the Board to read educational publications and to attend educational meetings. | |
|
Provides orientation for new Board members. |
|
|
Overall Rating for Standard 3 | |
C. Communications
|
Standard 4: Implements positive and proactive communication strategies for effective parent and community involvement to improve the learning environment for all students. |
|
|
Indicator |
Rating |
|
Articulates the District vision, mission, and priorities to the community and general public. |
|
|
Responds appropriately to news media. |
|
|
Writes and speaks effectively. |
|
|
Demonstrates group leadership skills, including consensus building, collaboration and conflict resolution. |
|
|
Engages in effective community relations and school-business partnerships. |
|
|
Communicates effectively with appropriate governmental agencies. |
|
|
Formulates strategies for passing bond and override elections. |
|
|
Encourages community participation in the schools. | |
|
Solicits and gives attention to problems and opinions from all stakeholder groups and individuals. |
|
|
Overall Rating for Standard 4 | |
D. Management
|
Standard 5: Effectively manages the District's services, programs, operations, and resources. |
|
|
Indicator |
Rating |
|
Defines and uses effective processes for gathering, analyzing, and using data for decision making and ongoing evaluation. |
|
|
Delegates at appropriate organizational levels. |
|
|
Secures, allocates, and manages human and material resources. |
|
|
Uses staff evaluation and staff development systems to improve the performance of staff members. |
|
|
Demonstrates understanding of employee compensation packages and a collaborative negotiations process. |
|
|
Identifies potential legal issues affecting school personnel selection, development, supervision, retention, and dismissal. |
|
|
Understands the budgetary process and makes recommendations to keep the school system fiscally sound based on the best interests of students. |
|
|
Makes and follows through on decisions. |
|
|
Promotes a safe, professional and effective learning/working environment for all. |
|
|
Plans, manages and evaluates current and long range facilities development and usage program. | |
|
Uses technology to enhance administration. |
|
|
Overall Rating for Standard 5 | |
E. Personal Leadership
|
Standard 6: Demonstrates a high level of ethics, honesty, and integrity in all personal and professional interactions. |
|
|
Indicator |
Rating |
|
Demonstrates ethical and personal integrity. |
|
|
Is able to handle pressure and maintains poise and emotional stability in the full range of professional duties. |
|
|
Exhibits multicultural and ethnic understanding, sensitivity, and respect for diversity. |
|
|
Demonstrates a sense of humor. |
|
|
Overall Rating for Standard 6 | |
Part II: Annual Goals and Objectives
Annual goals are mutually developed and agreed upon by the Governing Board and the Superintendent.
The Superintendent will provide the Governing Board with reports on the previous school year's assessment results, state performance rating, and achievement of Strategic (District) Goals. These reports will be done in open session. The Superintendent will also provide reports on completion of Performance (personal) Goals in Executive Session.
Each Board member will rate the Superintendent's progress toward attainment of each annual strategic and performance goal, from which a composite rating will be derived. Unsatisfactory ratings require specific information and/or supporting evidence to be provided to justify the rating, as well as direction for improvement.
Rating Scale: 4 = Exceeded expectations of goal
3 = Satisfactory progress toward goal
2 = Needs more progress toward attaining goal
1 = Unsatisfactory progress toward attaining goal
The average of the individual scores will be calculated to determine the composite score assigned for each goal. The Board will attempt to reach consensus on a summary paragraph for each goal.
Strategic (District) Goals:
Goal: _____________________________________________________
Rating: ____________________________________________________
Comments:
Goal: _____________________________________________________
Rating: ____________________________________________________
Comments:
Goal: _____________________________________________________
Rating: ____________________________________________________
Comments:
Performance (personal) Goals:
Goal: _____________________________________________________
Rating: ____________________________________________________
Comments:
Goal: _____________________________________________________
Rating: ____________________________________________________
Comments:
Goal: _____________________________________________________
Rating: ____________________________________________________
Comments:
Part III: Overall Assessment
The Board will combine composite scores for Part I and Part II to determine an overall performance rating for the Superintendent. A summary statement for the overall evaluation will be drafted.
Example: On a scale of one (1) to five (5), we believe that your performance during the past year rates 2.0. The Board is pleased with your work and commends you for a job well done. We urge you to move ahead on as many of the above suggestions as may be feasible.
Rating Scale: 4 = Outstanding
3 = Satisfactory
2 = Needs Improvement
1 = Unsatisfactory
__________________________________________________________
__________________________________________________________
__________________________________________________________
__________________________________________________________
__________________________________________________________
__________________________________________________________
__________________________________________________________
__________________________________________________________
Signatures:
________________________________________ ______________
President of Board Date
________________________________________ ______________
Superintendent Date
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:
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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-353
REGULATION
LINE AND STAFF RELATIONS
(School Building AdministrationAdministration)
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.
B. A principal is responsible for the supervision and evaluation of the building staff members.
C. A principal will maintain discipline on the part of personnel and students.
D. A principal will care for and protect the building, the equipment, the grounds, and other school property.
E. A principal will maintain school records and prepare reports.
F. A principal will take reasonable precautions to safeguard the health and welfare of students and staff members, will report accidents, will formulate plans for emergencies, and will conduct evacuation drills each school month and keep written records of such drills.
G. A principal will be responsible for maintaining a close relationship with the community and should interpret the educational program to the citizens of the District.
H. A principal will, by advanced study, by visits to school systems in other areas, by attendance at educational conferences, and by other means remain well informed relative to modern educational thought and practice.
I. A principal will distribute a parental satisfaction survey to the parent of every child enrolled at the school, 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 Manual adoption<-- z2AdoptionDate -->
(School Councils)
The Governing Board may delegate to a school council the responsibility to develop a curriculum and may delegate any additional powers that are reasonably necessary to accomplish decentralization.
The Board authorizes the establishment of a school council at each school site. The school council shall follow regulations promulgated by the Board. The authority extended to the school council(s) is to design curricular and instructional strategy/design models that promote the District mission/goals statement.
The school council shall provide input for the creation of curricular and instructional strategies/designs that meet the unique learning needs of the students served at each school.
A shared "vision" for curricular and instructional strategies/designs and the involvement of a variety of the members of the school and community who will be most affected by the results are essential.
Curricular and instructional strategies/designs that result from such shared decision making are limited only by the requirements that they be consistent with and fulfill the mission/goal statements, beliefs, and adopted Board policies of the District and comply with the laws and regulations of the state of Arizona and the United States.
This shared decision making shall not supersede Board/Superintendent decision-making responsibilities unless waived by the Board.
Membership
The school council at each school shall take into consideration the ethnic composition of the local community and initially shall be composed of:
A. Three (3) parents or guardians of students enrolled in the school who are not employed by the District in the school of proposed membership.
B. Three (3) teachers.
C. One (1) noncertificated employee.
D. One (1) community member if the school is a high school or two (2) community members if the school is not a high school.
E. One (1) student if the school is a high school.
F. The principal of the school.
Initially, each of the above school 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 school council members. Thereafter, representatives shall be selected by their groups in the manner determined. There must be an equal number of teachers and parents of pupils enrolled in the school on the council and they shall constitute a majority of the council members. The principal will serve as chairperson of the school council unless another person is elected by a majority of the school council members.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-351
15-352
15-353
43-1089.01
A.G.O.
I99-018
CROSS REF.:
BDD - Board-Superintendent Relationship
CCB - Line and Staff Relations
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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-341
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.
Copies of all such publications shall be provided to the Board.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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: date of Manual adoption <-- z2AdoptionDate -->
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 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 Manual adoption<-- z2AdoptionDate -->
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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-213.01
15-215
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:
A. Encourage short- and long-range planning through the best possible budgeting procedures.
B. Explore all practical and legal sources of monetary income.
C. Guide the expenditure of funds to achieve the greatest educational returns.
D. Require maximum efficiency in accounting and reporting procedures.
E. Maintain, within budget limits, a level of per-student expenditure needed to provide high-quality education.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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 Manual adoption<-- z2AdoptionDate -->
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: September 22, 2011<-- z2AdoptionDate -->
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
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: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-903
15-905
15-905.01
15-911
15-915
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 Manual adoption<-- z2AdoptionDate -->
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: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-905
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 Manual adoption<-- z2AdoptionDate -->
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<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-341
CROSS REF.:
KCD - Public Gifts/Donations to Schools
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 Manual adoption<-- z2AdoptionDate -->
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 Manual adoption<-- z2AdoptionDate -->
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 Manual adoption<-- z2AdoptionDate -->
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: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-342
15-1121
CROSS REF.:
KHB - Advertising in Schools
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 ________________________________________ School District No. ____ intends to participate in such programs and receive federal funds;
NOW, THEREFORE, BE IT RESOLVED that the Governing Board of the _________________________________ School District No. ____ 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 ___________________________ Governing Board on ____________________, 20____.
ATTEST:
____________________________________
President
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 Manual adoption<-- z2AdoptionDate -->
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 Manual adoption<-- z2AdoptionDate -->
(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: <-- z2AdoptionDate -->
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
(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<-- z2AdoptionDate -->
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
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 may must be made through the Business Services Departmentpurchasing 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.
EXHIBIT
CREDIT CARDS
DISTRICT-ASSIGNED CREDIT/PROCUREMENT
CARD HOLDER AGREEMENT
By my signature I hereby acknowledge that I have read and understand the Glendale Elementary _________________________ 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 Manual adoption<-- z2AdoptionDate -->
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 Manual adoption<-- z2AdoptionDate -->
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 Manual adoption<-- z2AdoptionDate -->
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 Glendale Elementary __________________ School District No. 40____. 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 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 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 Manual adoption<-- z2AdoptionDate -->
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: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-271
15-302
15-904
15-977
15-991
CROSS REF.:
CM - School District Annual Report
DBC-R - Budget Planning, Preparation and Schedules
The District shall utilize the budget format prepared and prescribed by the Superintendent of Public Instruction in conjunction with the auditor general. The budget format is designed to allow school districts to plan and provide in detail for the use of available funds.
The District shall prominently post on its website home page a copy of its profile pages that displays the percentage of every dollar spent in the classroom by that school district from the most recent status report issued by the auditor general.
The District may want to include the additional categories of Instructional Support and Student Support alongside the dollars in the classroom number as the intention of the report is to give a more accurate picture of the percentage of district dollars spent that directly impact teaching and student learning.
The budget format, in addition to other requirements specified in statute, shall also contain the following information. The School District shall prominently post on its website home page, separately from its budget, Items A through F below:
A. A statement identifying proposed pupil-teacher ratios and pupil-staff ratios relating to the provision of special education services for the budget year.
B. A statement identifying the number of full-time equivalent certificated employees.
C. The prominent display of the average salary of all teachers employed by the School District for the current year.
D. The prominent display of the average salary of all teachers employed by the School District for the previous year.
E. The prominent display of the dollar increase in the average salary of all teachers employed by the School District for the current year.
F. The prominent display of the percentage increase in the average salary of all teachers employed by the School District for the current year.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-271
15-302
15-903
15-977
15-991
41-1279.03
CROSS REF.:
CM - School District Annual Report
DBC-R - Budget Planning, Preparation and Schedules
DIC - Financial Reports and Statements
DIE - Audits/Financial Monitoring
The Superintendent shall establish a program to implement District inventory procedures, which shall include inventory of land, buildings, and equipment as required in the Uniform 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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
Uniform System of Financial Records
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 and 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 (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 appropriate state and other authorities.
The District shall prominently post on its website home page a copy of its profile pages that displays the percentage of every dollar spent in the classroom by that school district from the most recent status report issued by the Auditor General.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-213
15-239
15-914
15-2111
41-1279.03
41-1279.04
41-1279.05
41-1279.07
41-1279.21
41-1279.22
A.A.C.
R7-2-902
USFR - Audit Requirements
2 CFR Part 200 Appendix XI, Compliance Supplement
CROSS REF.:
DICA - Budget Format
(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.
A person who supervises or participates in contracts, purchases, payments, claims or other financial transactions, or a person who supervises or participates in the planning, recommending, selecting or contracting for materials, services, goods, construction, or construction services of a school district or school purchasing cooperative is guilty of a Class 6 felony if the person solicits, accepts or agrees to accept any personal gift or benefit with a value of three hundred dollars ($300) or more from a person or vendor that has secured or has taken steps to secure a contract, purchase, payment, claim or financial transaction with the school district or school purchasing cooperative. Soliciting, accepting or agreeing to accept any personal gift or benefit with a value of less than three hundred dollars ($300) is a Class 1 misdemeanor.
Any person or vendor that has secured or has taken steps to secure a contract, purchase, payment, claim or financial transaction with a school district or school purchasing cooperative that offers, confers or agrees to confer any personal gift or benefit with a value of three hundred dollars ($300) or more on a person who supervises or participates in contracts, purchases, payments, claims or other financial transactions, or on a person who supervises or participates in planning, recommending, selecting or contracting for materials, services, goods, construction or construction services of a school district or school purchasing cooperative, is guilty of a Class 6 felony. Offering, conferring or agreeing to confer any personal gift or benefit with a value of less than three hundred dollars ($300) is a Class 1 misdemeanor.
For the purpose of this policy a gift or benefit means a payment, distribution, expenditure, advance, deposit or monies, any intangible personal property, or any kind of tangible personal or real property. A gift or benefit does not include food or beverage, expenses or sponsorships related to a special event or function related to individuals identified in this policy, nor does this include an item of nominal value such as a greeting card, T-shirt, mug or pen.
A District employee who has control over personnel actions may not take reprisal against a District employee or that employee's disclosure of information that is a matter of public concern, including a violation of District policy or laws/regulations governing the District.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-213
15-323
38-503
38-504
CROSS REF.:
DJE - Bidding/Purchasing Procedures
GBEAA - Staff Conflict of Interest
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 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.
Written price quotations will be requested from at least three (3) vendors for transactions of at least ten thousand dollars ($10,000) and less 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 three one million dollars ($3$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.
Public Inspection and Rationale
for Awarding a Contract
The Governing Board shall make available, for public inspection, all information, all bids, proposals and qualifications submitted, and all findings and other information considered in determining whose bid conforms to the District's invitation for bids. Documentation provided will include information regarding the most advantageous, with respect to price, conformity to the specifications, and other factors, or whose proposal for qualifications are to be used to select and award the bid. Included in this information will be the rationale for awarding a contract for any specified professional services, construction, construction service or materials to an entity selected from a qualified select bidders list or through a school purchasing cooperative. The invitation for bids, request for proposals or request for qualifications shall include a notice that all information and bids, proposals and qualifications submitted will be made available for public inspection.
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 A.R.S. 13-3821, will perform work on District premises or equipment at any time when District students are, or are reasonably expected to be, present. The vendor further agrees by acceptance of this order that a violation of this condition shall be considered a material breach and may result in a cancellation of the order at the District's discretion.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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 et seq.
2 C.F.R. 200.321
CROSS REF.:
BCB - Board Member Conflict of Interest
DJ - Purchasing
DJG - Vendor/Contractor Relations
GBEAA - Staff Conflict of Interest
JLIF - Sex Offender Notification
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:
A. Each contractor shall warrant compliance with all federal immigration laws and regulations that relate to their employees and that they have verified employment eligibility of each employee through the E-Verify program. The contractor shall acknowledge that a breach of this warranty shall be deemed a material breach of the contract subject to penalties up to and including termination of the contract.
B. The contractor further acknowledges that the School District retains the legal right to inspect the papers of any contractor or subcontractor employee who works on the contract to ensure compliance by the contractor or subcontractor.
The contractor shall facilitate this right by notice to his employees and supervisors.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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
REGULATION
EXPENSE AUTHORIZATION /
REIMBURSEMENT
District employees may be reimbursed for expenses related to professional development activities according to budget availability and guidelines. Reimbursement may include: registration fee for a conference or workshop, transportation, lodging and District-related expenses (i.e., telephone calls to the District). Employees will not be reimbursed for meals when meals are included in the registration fee or are a part of the conference/workshop program. District funds shall not be expended for alcoholic beverages, entertainment and recreation expenses or personal expenses of any kind.
The following precautions will be taken when granting approval for a District employee to travel to a conference/workshop:
A. Only conferences/workshops which are aligned with school/department or District goals will be considered appropriate.
B. Out-of-state travel will be permitted only when the information conveyed is not available locally.
1. The most economically feasible form of transportation will be utilized.
2. The most economically feasible lodging accommodations will be utilized.*
C. Justification and appropriate rationale will be given when attendance of more than one (1) individual is requested for a specific conference.
Conferences/workshops that are attended at District expense shall be related to the individual's current job assignment. Individuals granted permission to attend a conference or workshop at District expense are expected to attend all conference/workshop sessions. All District policies and procedures pertaining to employee conduct shall be followed.
Any out-of-state travel to a conference or workshop must be approved by the Board prior to the event. Exceptions may be considered on an individual basis.
Upon return from a conference/workshop, each participant shall be expected to share the information received and to provide training for others.
*SPECIAL NOTE: Lodging at a designated "conference hotel" may be utilized. Although the room rate at a "conference hotel" may not be the least expensive in the area, overall costs are reduced due to the elimination of ground transportation from the hotel to the conference site.
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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-341
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 Manual adoption<-- z2AdoptionDate -->
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 Glendale Elementary School District No. 40 ________________________ Governing Board on ____________________, 20____.
ATTEST:
____________________________________
President
Salary checks will be issued biweekly during the term of contract or agreement with the District.The District will establish two (2) or more days in each month, not more than sixteen (16) days apart, 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: date of Manual adoption<-- z2AdoptionDate -->
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
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 Redirections
(Not Public Record)
The following deductions and redirections have been authorized by the Board:
A. Insurance premiums for staff members or dependents who are being covered under Board-approved Section 125 cafeteria programs.
B. Direct deposits of net payroll with financial institutions.
C. Tax-sheltered annuities for companies approved by the District.
D. Credit union deposits.
E. U.S. Savings Bonds.
F. Professional dues.
G. Contributions to qualified charitable organizations.
H. Contributions to a public school for the support of extracurricular activities or character education programs of the public school.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-342
38-621 et seq.
38-624
USFR: VI.I.
CROSS REF.:
EEB - Business and Personnel Transportation Services
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.
Monies collected by school employees and by student treasurers shall be handled in accordance with prudent business procedures as outlined by the 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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-341
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 and the District is in compliance with Policy FCB, Retirement of Facilities, and A.R.S. 15-189.
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 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 Manual adoption<-- z2AdoptionDate -->
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
FCB - Retirement of Facilities
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:
A. To provide a physical environment for teaching and learning that is safe and pleasant for students, staff members, and the public.
B. To provide safe transportation for students who ride the school bus to and from school.
C. To provide services, resources, and assistance responsive to the needs of the educational programs.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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 Manual adoption <-- z2AdoptionDate -->
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
ENVIRONMENTAL AND
SAFETY PROGRAM
Responsibilities of the maintenance supervisor:
A. Collaborate with the Risk Manager to maintain Maintain an overall safety program in maintenance and operation of buildings and grounds.
B. Provide specialized assistance as requested by school principal.
C. Coordinate with the Risk Manager to coordinate indoor District Indoor Air Quality Coordinator who will monitor indoor air quality monitoring.
CD. 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 school principals in collaboration
with the Maintenance Department:
A. Schedule regular inspections.
B. Post required state and federal safety regulations and maintain appropriate safety records.
C. Arrange for the correction of defects reported to them by employees in the building by requesting assistance from the maintenance department.
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:
A. Collaborate with Human Resources to maintain Maintain standards for certification of school bus drivers.
B. Maintain standards for periodic inspection and maintenance of school buses.
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:
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 that might prove injurious to the safety, health, or comfort of students, employees, or other persons.
B. Take reasonable precaution for the safe use of buildings, grounds, and equipment by students.
Responsibilities of students:
A. Avoid the following behaviors:
1. Setting off a false fire alarm.
2. Misusing the fire alarm system, fire extinguishers, or other fire protection and safety equipment.
3. Setting a fire in the building or on the school grounds.
4. 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, indoor air quality, or equipment that might prove injurious to the safety, health, or comfort of employees, students, or other persons.
Responsibilities of other individuals utilizing school buildings:
A. Refrain from abusing safety equipment, such as fire extinguishers, alarm systems, et cetera.
B. Report promptly to the Maintenance Supervisor Superintendent or another school principal 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 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:
A. Provide notice of pesticide application during a regular school session to students, employees, and parents/guardians, given in a form reasonably calculated to provide a warning at least forty-eight (48) hours prior to such application.
B. 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.
D. Maintain written records of pesticide application.
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:
A. The brand name, concentration, rate of application, and any use restrictions required by the label of the herbicide or specific pesticide.
B. The area or areas where the pesticide is to be applied.
C. The date and time the application is to occur.
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 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 Manual adoption<-- z2AdoptionDate -->
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 SYSTEMS
(Pesticide Application Notice)
The 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.
A. Oral notification to all students and school employees shall be provided by means of:
1. School public address systems; or
2. Assembly communications; or
3. Staff meeting announcements; or
4. Any similar means reasonably calculated to provide sufficient notice in advance of pesticide application.
B. Written notification to the parents or guardians of enrolled students shall be provided by means of:
1. Weekly school lunch menus; or
2. Special communications; or
3. Newsletters; or
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:
A. The words "warning - pesticides."
B. The registration number issued by the United States Environmental Protection Agency.
C. The date and time of the application.
D. A phone number for the school contact person and one (1) for the licensed pesticide applicator.
The signs shall be placed at:
A. The main entrance to all buildings where pesticide is to be applied.
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 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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
23-427
23-904
CROSS REF.:
GBGC - 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.
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: date of Manual adoption<-- z2AdoptionDate -->
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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-341
The Board believes that measures to conserve energy resources must be an integral part of the school program. Declining levels of natural energy, as well as the rising costs of energy and impact on the District budget, mandate that the District develop and implement plans to conserve all forms of energy used throughout the District.
The Superintendent will develop an energy conservation program. Principals and administrators should advise and direct their personnel regarding this program and conservation goals. Guidelines for addressing the conservation goals should be emphasized at the beginning of each school year and reiterated throughout the year as the need arises.
Cooperation and some sacrifice will be required of each employee and student to achieve a meaningful energy conservation program that results in a more efficient use of energy resources as well as a reduced burden on the District budget.
Adopted: date of Manual adoption
The Superintendent will develop plans and procedures that will:
A. Enhance the security of District property.
B. Minimize fire hazards.
C. Provide for the keeping of records and funds in a safe place.
D. Protect against vandalism and burglary.
E. Provide for the prosecution of vandals.
F. Provide for and encourage employee responsibility for furniture, textbooks, reference material, and other District materials, equipment, and supplies assigned to the employee's care.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
13-3715
REGULATION
ENERGY CONSERVATION
The following measures to conserve energy and natural resources will be instituted in the District.
Heating/cooling:
A. Maintain temperature set points within facilities as follows:
1. Heating season occupied: 65°-72°
2. Heating season unoccupied: 60°
3. Cooling season occupied: 74°-82°
4. Cooling season unoccupied: 86°
B. Maintenance crews will keep the physical plant and equipment at maximum efficiency to prevent energy waste.
C. Install and maintain centralized energy management systems.
D. Seal all openings around windows and doors to prevent air infiltration.
E. During unoccupied periods, maintain a setback temperature to maximize energy savings.
F. Establish a preventive maintenance schedule for all building equipment.
G. Check air filters monthly and replace quarterly - at a minimum.
H. During the heating/cooling season, keep doors and windows closed.
I. Avoid blocking heating vents with furniture, draperies and books.
J. No supplemental heaters are permitted (space heaters).
K. Operate ventilation fans in kitchens only when cooking equipment is in operation.
Other electrical:
A. Lower the temperature setting on hot water heaters to the lowest acceptable temperature as determined by building codes.
B. Program monitors to blank screen when idle; do not use screen savers.
C. Refrigerators, coffee pots and other kitchen appliances are not permitted in offices or classrooms and are to be utilized in designated areas only (i.e., kitchens, lounges). Authorization from the Superintendent is required for any exception to this guideline.
D. The District will supply each school with appliances for the employee lounges/breakrooms. The appliances supplied are refrigerators, microwaves, and coffee makers.
E. Any broken District appliance(s) that cannot be repaired will be replaced by the School's Capital Improvement Plan.
Water:
A. Repair dripping faucets.
B. Install hot water recirculating pumps.
C. Install water saving devices to decrease consumption, such as toilet dams, flappers, flow reduction valves, faucet aerators and cooling system devices.
D. Replace old equipment with energy- and water-efficient equipment.
E. Design landscapes that require less water.
F. Avoid unnecessary landscaping additions and alterations.
G. Favor drought-resistant plants.
H. Remove weeds and unhealthy plants that take water away from valued plants.
I. Ensure irrigation equipment applies water uniformly.
J. Use timers to ensure, when possible, watering is done in the early morning or evening.
K. Avoid runoff and make sure sprinklers cover just the lawn or garden, not sidewalks, driveways and gutters.
L. Equip all hoses with spring loaded shutoff nozzles.
M. Avoid using water to clean driveways, loading docks, parking lots and sidewalks - use brooms or sweepers.
N. Wash car, truck and bus fleets less often.
Fuel:
A. Drivers of school-owned vehicles will observe posted speed limits.
B. Route schedules will be prepared so that a minimum number of miles are covered.
C. Vehicles should be kept in good working condition to avoid excess fuel consumption.
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, finance directorbusiness 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.
B. Unassigned duplicate keys shall be maintained in a safe or a secured box.
C. Individuals assigned keys may not duplicate or loan them.
D. All keys must be surrendered when no longer needed or upon request by the Superintendent.
E. The loss of a key must be reported to the Superintendent upon discovery of the loss, and the employee may be required to pay for rekeying or replacing all affected locks.
F. Use of keys for unauthorized purposes will be cause for surrender of keys. Employees will be subject to discipline and/or dismissal for unauthorized use of keys.
G. A set of master keys and/or duplicates of keys shall be kept in the custody of the Superintendent.
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:
A. Manufacturing or causing the manufacture of a District key.
B. Duplicating or causing the duplication of a District key.
C. Possessing a District key.
D. Using a District key.
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 Manual adoption<-- z2AdoptionDate -->
(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 Manual adoption<-- z2AdoptionDate -->
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 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 Manual adoption<-- z2AdoptionDate -->
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
REGULATION
AUTHORIZED USE OF SCHOOL - OWNED
MATERIALS AND EQUIPMENT
The District does not generally loan its equipment. When it is determined that a loan of equipment is prudent in relation to District needs or objectives, equipment may be loaned as follows:
A. Equipment will be loaned to satisfy a District need or objective not to satisfy a personal need that does not relate to or satisfy a District mission.
B. An Equipment Loan Agreement must be initiated and approved by the building principal or the appropriate department head before any equipment is loaned. Equipment will be loaned only under unusual circumstances during summer vacation or at any time designated for inventory review.
C. Any equipment loan which exceeds one (1) week in duration, or which involves sensitive and fragile equipment such as computers, musical instruments or electric office machines, will be authorized only under unusual circumstances and only upon approval of the building principal and the Superintendent or the Superintendent's designee.
D. When it is in the best interest of the District for an individual or organization to have access to equipment outside of the District, such as a summer loan for technology training and practice or Board members for communication effectiveness, special tracking procedures shall be followed.
E. Computer equipment that does not meet current technology standards may be considered for use for student/family at-home programs. Any such use must have a site based plan that has been reviewed by Business Services, Academic Services and Technology Services to insure that the educational and fiscal interests of the District are protected.
Cellular Phones:
A. District-issued cellular phones are to be used for District business. Personal phone calls may be made on District-owned cellular phones as long as no additional charges are incurred.
B. Assignment of cellular phones will require the approval of the Superintendent. Assignment of cellular phones will be based on the specific need of the job responsibilities.
Laptop Computers:
Laptop computers may be distributed to District personnel with the understanding that such equipment is to be used appropriately.
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 Manual adoption<-- z2AdoptionDate -->
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 inventory 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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-341
15-721 et seq.
Uniform System of Financial Records: III-G-2
CROSS REF.:
DID - Inventories
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.
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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-727
15-729
CROSS REF.:
JQ - Student Fees, Fines, and Charges
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:
A. The District shall not incur any expense due to the use of materials or equipment.
B. The Superintendent shall establish procedures for approval of the use of materials or equipment, or shall submit requests to the Governing Board for review and action.
C. The District shall not be in competition with any local business firm that could provide like equipment.
D. Rental fees will be charged or waived, as appropriate, by the District. Income from charges will be deposited to the civic center fund.
DE. Any person or agency using such materials or equipment that is lost or damaged during such period of use shall be required to reimburse the District for repair or replacement.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-1105
CROSS REF.:
KF - Community Use of School Facilities
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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-342
15-764
15-921
15-922
15-923
15-945
15-946
28-900
28-901
EXHIBIT
SCHOOL BUS SAFETY PROGRAM
EMERGENCY BUS EVACUATION DRILL
Circle one
1st Run
Driver _______________________ Date ___________ Bus #_______ 2nd Run
3rd Run
Instructions: State that this is an emergency drill. It is conducted so that students (passengers) will know what to do in case of an emergency.
If the Bus Driver Is Able
to Direct Students
Indicate whether or not the following instructions were given to students:
◻ Yes ◻ No 1. Stay calm and stay in your seat. (Don't panic; wait for the driver to
give instructions.)
◻ Yes ◻ No 2. Don't touch emergency equipment until the bus driver tells you what to
do. (Explain where exits are and how to open them.)
◻ Yes ◻ No 3. If you must use the emergency exit, let the people who are closest go
first. Await your turn!
◻ Yes ◻ No 4. Keep your hands free. (Leave everything - books, lunch box, purse,
etc. - behind.)
◻ Yes ◻ No 5. Wrap loose clothing around you so it won't get caught as you leave the
bus.
◻ Yes ◻ No 6. Duck your head, bend your knees, and jump. Get away from the exit
so the next person can get out.
If the Bus Driver Is Unconscious
or Incapacitated
◻ Yes ◻ No 1. Rules as explained above to be followed, with the ones closest to the
emergency exits going out first. (If older students can direct and
assume leadership in the evacuation, it would be helpful when the
driver can't.)
In General
◻ Yes ◻ No 1. Allowed students to open or see how the emergency exits are opened.
◻ Yes ◻ No 2. Talked about alternative exits such as windows, hole in top, etc.
◻ Yes ◻ No 3. Answered questions.
PLEASE RETURN TO THE SUPERINTENDENT'S
OFFICE WHEN COMPLETED
The Board authorizes the administration to provide regular school bus transportation to and from school for the following categories:
A. Students with disabilities who require transportation, as indicated in their respective individual education programs.
B. Students living within a one (1) mile radius of the school where hazardous or difficult routes exist and where other arrangements cannot be provided.
C. Students who are residents within a school attendance area and:
1. If common school students, live more than one (1) mile from the school.
2. If high school students, live more than a mile and a half (1 1/2) from the school.
D. 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 as needed by the school liaison for homeless students.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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 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 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 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 the Act and such state statutes, rules and regulations governing the operation of the vehicle.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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)
CROSS REF.:
GBEFA - Staff Use of Digital Wireless Communications or
Electronic Devices While Operating a Motor Vehicle
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.
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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-106
28-857
28-3228
A.A.C.
R17-4-508 et seq.
CROSS REF.:
GBEFA - Staff Use of Digital Wireless Communications or
Electronic Devices While Operating a Motor Vehicle
GDFA - Support Staff Qualifications and Requirements
(fingerprinting requirements)
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 Transportation (DOT) 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:
A. Reporting for duty or remaining on duty to perform safety-sensitive functions as defined in 49 CFR 382.107 while having an alcohol concentration of 0.04 or greater. [49 CFR 382.201]
B. Being on duty or operating a commercial motor vehicle (school bus) while the driver possesses alcohol, unless the alcohol is manifested and transported as part of a shipment. This includes the possession of medicines containing alcohol (prescription or over-the-counter), unless the packaging seal is unbroken. [49 CFR 382.204]
C. Using alcohol while performing safety-sensitive functions. [49 CFR 382.205]
D. Performing safety-sensitive functions within eight (8) hours after using alcohol. [49 CFR 382.207 and R17-9-102]
E. Using alcohol within eight (8) hours following an accident or prior to undergoing a postaccident alcohol test, whichever comes first. [49 CFR 382.299]
F. Refusing to submit to an alcohol or controlled substance test as required under postaccident, random, reasonable suspicion or follow-up testing requirements in DOT rules. [49 CFR 382.211]
G. Reporting for duty or remaining on duty, requiring the performance of safety-sensitive functions, when the driver uses any controlled substance, except when the use is pursuant to the instructions of a physician who has advised the driver that the substance does not adversely affect the driver's ability to safely operate a commercial motor vehicle. [49 CFR 382.213]
H. Reporting for duty, remaining on duty, or performing a safety-sensitive function if the driver tests positive 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:
A. Be advised of resources available to the driver in evaluating and resolving problems associated with drug or alcohol use, including the names, addresses, and telephone numbers of substance abuse professionals and counseling and treatment programs.
B. Be evaluated by a substance abuse professional, who shall determine what assistance, if any, the employee needs to resolve drug or alcohol problems.
C. Before return to duty in a safety-sensitive position, undergo a return-to-duty alcohol test with a result indicating less than 0.02 or a substance test with a verified negative result.
D. If identified as needing assistance by a substance abuse professional, be evaluated by a substance abuse professional to determine if that driver has properly followed any rehabilitation program prescribed, and 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 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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-513
13-3402
49 U.S.C. 31306, (Omnibus Transportation Employee Testing Act of 1991)
49 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
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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
28-984
A.A.C.
R17-9-105 et seq.
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.
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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-341
CROSS REF.:
EEAE - Bus Safety Program
JIC - Student Conduct
JK - Student Discipline
School buses may be used for the transportation of students participating in school-sponsored activities under the following conditions:
A. Bus usage for educational field trips or educationally related activities by student organizations may be considered an extension of classroom activities.
B. The Board delegates to the administration authority concerning requests for noncurricular usage. In such cases, the student organization or group making the trip will be required to reimburse the District for all or a portion of the cost of the transportation.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-1105
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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-341
CROSS REF.:
EEB - Business and Personnel Transportation Services
GBEFA - Staff Use of Digital Wireless Communications or
Electronic Devices While Operating a Motor Vehicle
REGULATION
STUDENT TRANSPORTATION
IN PRIVATE VEHICLES
The use of a private vehicle for transporting students requires written permission from the Superintendent.
A. This permission may be in the form of a standing permit for employees who use their own vehicles regularly for school purposes. The permit will state the particular purpose, and whether it includes transportation of students.
B. For each special trip involving students, including field trips, a special permit must be obtained in advance for the specific trip.
C.
Each employee authorizedEach 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,
or aa 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 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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-341
38-538
USFR: VI.I.
CROSS REF.:
DKC - Expense Authorization/Reimbursement
​EEAG - Student Transportation in Private Vehicles
GBEFA - Staff Use of Digital Wireless Communications or
Electronic Devices While Operating a Motor Vehicle
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 Manual adoption<-- z2AdoptionDate -->
The District food 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 procedures to implement this policy and shall formulate a plan to provide free or reduced price meals for all eligible students.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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
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. C. 1751 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
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.
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
REGULATION
FOOD SERVICES
District and school administrators will work together to provide a safe, accessible and compliant food service program and nutrition program and shall observe the following directives in operating the food and nutrition 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 eight twelve [812]) 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 food and nutrition program directorthe school principal or food service supervisor.
C. If outside organizations or individuals use the food and nutrition program service facilities, a qualified staff member must be on duty.
D. All food items and/or consumable supplies purchased through the food and nutrition 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 and nutrition program service employees who are paid from school lunch funds.
F. No person is permitted to take food or garbage from the food and nutrition service program for personal use.
Training. The food and nutrition 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 and nutrition programservice 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 and nutrition programservices program.
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
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
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 Program 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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-242
15-1151
15-1152
15-1153
15-1154
15-1155
15-1157
15-1158
15-1251
Arizona Department of Education: The Arizona Nutrition Standards
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.
CROSS REF.:
GDN - Supervision of Support Staff Members
JL - Student Wellness
Use of District Printing Materials
and Equipment
The Governing Board directs that District-owned printing and duplicating materials and equipment not be used for personal monetary gain or that of others, either on or off the District premises.
Under special conditions, employees and student-related groups may purchase materials, such as paper, etc., from the District. An audit procedure will be developed to account for the materials in such instances. Special permission may be granted for the use of some equipment by civic groups, parent groups, educational groups, etc., when the conditions warrant such use and will be of benefit to the District.
Adopted: date of Manual adoption
LEGAL REF.:
P.L. 94-553
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<-- z2AdoptionDate -->
LEGAL REF.:
The Child Nutrition Act (42 U.S.C. 1771 et seq.)
CROSS REF.:
JL - Student Wellness
Vending Machines
Vending machines may be located on school campuses.
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 and nutrition 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 adoption<-- z2AdoptionDate -->
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
(Office Hours)
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 for eight and three-quarter (8 3/4) hours, except during holidays and as otherwise stipulated by the Superintendent. School office hours Hours of the working day shall be established annually by the Superintendent and be based on starting and ending times of each school. Office hours will be posted at each school site and the District Office.assigned by supervisors.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
Arizona Constitution, Article 18, Section 1
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.
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.
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:
A. The purpose and character of the use, including whether the use is of a commercial nature or for nonprofit educational purposes.
B. The nature of the copyrighted work.
C. The amount and importance of the portion used in relation to the copyrighted work as a whole.
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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
17 U.S.C. 101 et seq.
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 Manual adoption<-- z2AdoptionDate -->
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<-- z2AdoptionDate -->
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<-- z2AdoptionDate -->
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)
(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 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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-271
15-272
15-341
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
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 Manual adoption<-- z2AdoptionDate -->
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
The Governing Board authorizes the Superintendent to make change orders during construction projects in an amount up to and including fifty thousand dollars ($50,000), or the annual revision of the amount calculated by the State Board of Education and made applicable for the year in which the transaction will occur. All changes over twenty-five thousand dollars ($25,000) shall be reported to the Board.
Adopted: date of Manual adoption
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:
A. To integrate facilities planning with other aspects of planning in a comprehensive educational program.
B. To base educational specifications for school buildings on identifiable learner needs.
C. To design for sufficient flexibility to permit program modification or the installation of new programs.
D. To design school buildings as economically as feasible, providing that learner needs are effectively and adequately met by the design.
E. To involve the community, school staff members, available experts, and the latest in related current development and research in building plans and specifications.
F. To analyze life-cycle costs as they compare with capital expenditures versus a maintenance and operations expense projection.
G. To analyze the core facility as it relates to future expansion.
H. To design school buildings for community use when feasible.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
REGULATION
NAMING FACILITIES
The general procedure for selecting a name for a facility shall be as follows:
A. A committee established for the purpose of recommending names for facilities shall be appointed by the Superintendent prior to meetings being held to consider names.
B. Committee membership shall include:
1. The principal assigned to the school to be named. The principal is responsible for obtaining names of persons interested in serving as committee members and will serve as chairman of the committee.
2. Two (2) classroom teachers from the school to be named.
3. Two (2) student representatives from the attendance area to be served.
4. Two (2) citizens from the attendance area to be served.
5. The parent/teacher organization president or a parent representative for the school to be named.
6. A representative designated by the Superintendent from the administrative center.
C. The school naming or renaming committee shall present a report to the Superintendent indicating the process utilized in developing the list of suggested names, which shall include not fewer than three (3) nor more than five (5) names. Upon receipt of the report, the Superintendent will forward the materials to the Governing Board.
D. The Board may make the final selection of the name for the facility from the list of names submitted by the committee.
(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 or private 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 and may not accept an offer from a potential buyer or lessee that is less than an offer from a charter school or private school. This does not require the owner of a building to sell or lease the building or a portion of the building to a charter school, to any other school or to any other prospective buyer or tenant, except that the owner of a building may not withdraw the property from sale or lease solely because a charter school or private school is the highest bidder.
Community members shall be provided an opportunity to address the consideration at the Board meeting.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-189
15-341
38-431.01
CROSS REF.:
DN - School Properties Disposition
JC - School Attendance Areas
The Governing Board may delegate authority in writing to the Superintendent to submit plans for new school facilities to the School Facilities Board for the purpose of certifying that the plans meet the minimum school facility adequacy guidelines prescribed in A.R.S. 15-2011.
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:
A. Information concerning the plan of school organization and estimated enrollment in the proposed building.
B. A description of the proposed curriculum and the teaching methods and techniques to be employed.
C. A schedule of space requirements, including an indication of relative locations of various spaces.
D. A desired layout of special areas and the equipment needed for such areas.
E. An outline of mechanical features and special finishes desired.
F. Standards established by the School Facilities Board.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-213
15-341
15-2001 et seq.
15-2011
34-461
41-1492 et seq.
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
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
B. Have been deceased for at least ten (10) years.
In this policy, the word facility refers to any school building, administration building, gymnasium, stadium, athletic field, or playground.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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:
A. Recruiting, selecting, and employing the best-qualified personnel to staff the school system.
B. An employee appraisal program that will contribute to the continuous improvement of staff performance.
C. Professional development and in-service training programs for employees that will improve their rates of performance and retention.
D. Deployment of the available personnel to ensure that they are utilized as effectively as possible within budgetary constraints.
E. Human relationships necessary to obtain maximum staff performance and satisfaction.
F. A staff compensation program sufficient to attract and retain qualified employees within the fiscal limitations of the District.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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: date of Manual adoption<-- z2AdoptionDate -->
Discrimination against an otherwise qualified individual with a disability or any individual by reason of race, color, religion, sex, age, or national origin is prohibited. Efforts will be made in recruitment and employment to ensure equal opportunity in employment for all qualified persons.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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
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 Manual adoption<-- z2AdoptionDate -->
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 statements of standards.
The school employee:
A. Makes the well-being of students the fundamental value of all decision making and actions.
B. Maintains just, courteous, and proper relationships with students, parents, staff members, and others.
C. Strives for the maintenance of efficiency and knowledge of developments in the employee's field of work.
D. Fulfills job responsibilities with honesty and integrity.
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.
F. Supports the principle of due process and protects the civil and human rights of all individuals.
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.
H. Implements the Governing Board's policies and administrative rules and regulations.
I. Refrains from using school contacts and privileges to promote political or sectarian religious views or personal agenda of any kind.
J. Pursues appropriate measures to correct any laws, policies, or regulations that are not consistent with sound educational goals.
K. Avoids using position for personal gain through political, social, religious, economic, or other influence.
L. Maintains the standards and seeks to improve the effectiveness of the profession through research and continuing professional development.
M. Stresses the proper use and protection of all school properties, equipment, and materials.
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.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.A.C.
R7-2-205
Employment of Close Relatives
No person employed by the District 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 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.
Refrain from participating in any manner means more than just refraining from making a final decision. It means participating in any way in the process leading up to a decision. An employee with a conflict of interest must not make recommendations, give advice, or otherwise communicate in any manner with anyone involved in the decision-making process.
Vendor Relations
No employee of the District will accept gifts from a gift or benefit from any person, group, or entity doing, or desiring to do, business with the District as described in Policy DJ, Purchasing (Purchasing Ethics 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.
Employee Training and Acknowledgement
of Understanding
The Governing Board may require annual employee training to ensure District conflict of interest policies are communicated to employees and acknowledged as received and understood. Each employee shall complete and sign the conflict of interest form, GBEAA-E, as determined by the District.
The District will investigate allegations of inadequate disclosure of substantial interests and/or inappropriate participation when a substantial interest may exist.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-323
15-421
15-502
38-481
38-501 et seq.
38-502
38-503
A.G.O.
I83-111
I03-005
I06-002
Attorney General Arizona Agency Handbook, Appendix 8.1,
Conflict of Interest Disclosure Memorandum
CROSS REF.:
BCB - Board Member Conflict of Interest
DJ - Purchasing
DJE - Bidding/Purchasing Procedures
GBP - Prohibited Personnel Practices
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: <-- z2AdoptionDate -->
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
EXHIBIT
STAFF CONFLICT OF INTEREST
CONFLICT OF INTEREST DISCLOSURE
PURSUANT TO A.R.S. §§ 38-501 to 511
(Instructions)
1. Employees must file a Conflict of Interest Disclosure within five (5) calendar days after commencing work and at least annually thereafter, either identifying any conflict the employee or the employee's relative has or stating that the employee or the employee’s relative has no conflict.
2. All Conflict of Interest Disclosures shall be kept on file at Glendale Elementary School District Office, 7301 N. 58th Avenue, Glendale._____________________ [name District location].
3. It is the employee’s responsibility to update and submit to both District Legal and Human Resources Departments within fifteen (15) calendar days of any new conflict arising after the date of the most recent Disclosure.
STATEMENT OF CONFLICT
I, _____________________________________________________, do hereby indicate:
1. That I am presently an employee of the Glendale Elementary School ________________________________ School District;
2. That I (or my relative[s]: ___________________________________________) have a substantial interest in the contract, sale, purchase, decision, investigation, or other matter by the Glendale Elementary School District No. 40 _______________________________ Governing Board as described below.
Identify the contract, sale, purchase, service, decision, investigation, or other matter in which you or your relative may have a "substantial interest" under A.R.S. §§ 38-501 to 511. (Use as much space as necessary)
Describe the "substantial interest" referred to above. (Use as much space as necessary)
STATEMENT OF DISQUALIFICATION
To be completed if you have a conflict as identified above.
To avoid any possible conflict of interest under A.R.S. §§ 38-501 to 511, I will refrain from participating in any manner in the matter identified above.
_________________________ ______________________________________
Date Signature
STATEMENT OF NO CONFLICT
To be completed only if you do not or your relative does not
have a conflict of interest.
I, _______________________________, do hereby indicate that I do not have, and none of my relatives has, a substantial interest in any contract, sale, purchase, service, decision, investigation, or other matter of the Glendale Elementary _____________________________ School District.
_________________________ ______________________________________
Date Signature
Employees shall ensure that their dress and grooming presents a professional image while at work or while conducting District business so as to enhance the District's image. Individuals employed in public schools are in a position of influence and their dress, grooming and mannerisms will have impact on the way students and the public, in general, respond to our leadership.
The decision of whether dress or grooming is appropriate shall be left to the reasonable discretion of the Superintendent or the Superintendent's designee. Certain positions require specific clothing requirements, which will be explained to employees upon placement into those positions.
The District will make reasonable accommodations for dress or grooming directly related to employees' religion, ethnicity, or disabilities. Employees should discuss any accommodation needs with their supervisor.
Adopted: date of Manual adoption
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:
A. Removal from school grounds.
B. Both civil and criminal sanctions, which may include, but are not limited to, criminal proceedings under Title 13, Chapter 29, Arizona Revised Statutes.
C. Warning.
D. Reprimand.
E. Suspension.
F. Dismissal.
G. Having consideration given to any such violations in the determination of or establishment of any pay or 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 and any conduct that poses a threat of death or serious physical injury to employees, students or others on school property. All such reports shall be documented and communicated to the Superintendent who shall be responsible for reporting to local law enforcement. Conduct that is considered to be bullying, harassment or intimidation shall be addressed according to Policy JICK as required in A.R.S. 15-341(A)(36).
The school district or charter school is to notify the parent or guardian of each student who is involved in a suspected crime or any conduct that is described above, subject to the requirements of federal law.
On or before January 1, 2020, the District shall post the policies and procedures pertaining to "Reporting Suspected Crimes or Incidents" on its website as the Department of Education shall develop a process to verify that each school district has adopted the required policies and procedures by this date.
If the District maintains an online Manual of policies and procedures, the District may post a link to that manual with a reference to the appropriate policies and procedures.
A person who violates the reporting requirements may be disciplined for violating the policies of the School District Governing Board pursuant to A.R.S. 15-341 and notwithstanding A.R.S. 15-341, may be subject to dismissal. Each school district governing board shall prescribe and enforce policies and procedures that require the School District to maintain a record on any person who is disciplined pursuant to this policy and, on request, shall make that record available to any public school, school district governing board or charter school governing body that is considering hiring that person.
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 F. 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: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
13-2911
13-3102
13-3111
13-3411
15-153
15-341
15-342
15-507
15-509
15-511
15-512
15-514
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
GCO - Evaluation of Professional Staff Members
JIC - Student Conduct
JK - Student Discipline
KFA - Public Conduct on School Property
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 Manual adoption<-- z2AdoptionDate -->
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 Manual adoption<-- z2AdoptionDate -->
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. 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.
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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
13-2911
13-3401 et seq.
15-341
41 U.S.C. 702, Drug-free workplace requirements for Federal grant recipients
21 C.F.R. 1308.11 et seq.
34 C.F.R. Part 85
CROSS REF.:
EEAEAA - Drug and Alcohol Testing of Transportation Employees
EXHIBIT
DRUG - FREE WORKPLACE
In order to comply with federal funding requirements, the District shall:
A. Gather information relative to availability of local community drug and alcohol counseling, rehabilitation, and reentry programs that are available to employees and make such information available to employees.
B. Provide each employee a copy of standards of conduct and the statement of disciplinary sanctions that apply to alcohol and drug violations. Use
the statement of policies received during onboarding processExhibit GBEC-EA to notify employees that compliance with such standards is mandatory.
The District should perform a biennial review of the programs to:
A. Ensure that disciplinary sanctions for employees are consistently enforced.
B. 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.
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: date of Manual adoption<-- z2AdoptionDate -->
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.
Adopted: date of Manual adoptionAn 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:
A. The employee shall not possess (except for possession at said residence), sell, offer to sell, transfer, use, or be under the influence of alcohol while on duty.
B. Any alcohol consumption that occurs on school property when the employee is not on duty shall be done in moderation and shall occur within the employee's residence.
Adopted: <-- z2AdoptionDate -->
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 Notice to Employees for my review and signature. I understand that a signed copy will be placed in my personnel file.
___________________________________________ _____________________
Signature Date
The possession or use of tobacco products, tobacco substitutes, electronic cigarettes, other chemical inhalation devices, or vapor products is prohibited in the following locations:
A. School grounds.
B. School buildings.
C. School parking lots.
D. School playing fields.
E. School buses and other District vehicles.
F. 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:
A. Approved by the school.
B. Established in accord with Arizona Revised Statute 15-712.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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 Students
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<-- z2AdoptionDate -->
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
Arizona law (A.R.S. 28-914, effective January 1, 2021), states that a person may not operate a motor vehicle on a street or highway if the person does either of the following:
A. physically holds or supports with any part of the person's body either of the following:
1. portable wireless communication device, except that a person may use a portable wireless communication device with an earpiece, headphone device or device worn on a wrist to conduct a voice-based communication.
2. a stand-alone electronic device.
B. writes, sends or reads any text-based communication, including a text message, instant message, e-mail or Internet data, on a portable wireless communication device or stand-alone electronic device.
This does not apply to either of the following:
A. the use of voice-based communications, including through the use of a portable wireless communication device or stand-alone electronic device, to direct the writing, sending, reading or other communicating of any text-based communication.
B. the use of a portable wireless communication device or stand-alone device when used in a hands-free manner for:
1. navigation of the motor vehicle.
2. use of a global positioning system.
3. obtaining motor vehicle information or information related to driving a motor vehicle.
This also does not prohibit the operation of a motor vehicle while using a device, including a device that is accessible through an interface that is embedded in a motor vehicle, that allows communication without the use of either of the driver's hands, except to activate or deactivate a function of the device.
An operator may use a portable wireless communication device:
A. to report illegal activity or summon emergency help.
B. that was permanently or temporarily affixed to the motor vehicle to relay information in the course of the operator's occupational duties between the operator and either: i) a dispatcher, ii) a digital network or software application service.
"Portable wireless communication device:"
A. means a cellular telephone, a portable telephone, a text-messaging device, a personal digital assistant, a stand-alone computer, a global positioning system receiver or a substantially similar portable wireless device that is used to initiate or receive communication, information or data.
B. does not include a radio, citizens band radio, citizens band radio hybrid, commercial two-way radio communication device or its functional equivalent, subscription-based emergency communication device, prescribed medical device, amateur or ham radio device or in-vehicle security, navigation or remote diagnostics system.
"Stand-alone electronic device" means a portable device other than a portable wireless communication device that stores audio or video data files to be retrieved on demand by a user.
The Superintendent will develop training to implement this policy prior to the effective date.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-341
15-514
28-914
28-963
28-3164
CROSS REF.:
EEAE - Bus Safety Program
EEAEA – Bus Driver Requirements, Training, and Responsibilities
​EEAG - Student Transportation in Private Vehicles
EEB - Business and Personnel Transportation Services
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
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
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 manual adoption<-- z2AdoptionDate -->
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 Manual adoption<-- z2AdoptionDate -->
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:
A. The exposure determination outlined below.
B. The schedule and method of implementation.
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:
A. High risk - Coaches, physical education instructors, custodians, certain special education program personnel, playground duty personnel, health services personnel, and security personnel.
B. Moderate risk - Regular instructional program personnel, other special education program personnel, school level office personnel, maintenance personnel, food services personnel, and special assignment personnel (e.g., counselors, librarians).
C. Low risk - District level office personnel.
Methods of Compliance
General. 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:
A. Engineering and work practice controls shall be used to eliminate or minimize employee exposure. If occupational exposure remains after institution of these controls, personal protective equipment shall also be used.
B. Engineering controls shall be examined and maintained or replaced on a regular schedule to ensure their effectiveness.
C. The District shall provide hand-washing facilities that are readily accessible to employees.
D. When provision of hand-washing facilities is not feasible, the District shall provide either an appropriate antiseptic hand cleanser in conjunction with clean cloth/paper towels or antiseptic towelettes. When antiseptic hand cleansers or towelettes are used, hands shall be washed with soap and running water as soon as feasible.
E. The District requires that employees wash their hands immediately or as soon as feasible after removal of gloves or other personal protective equipment. Supervisory personnel shall ensure compliance.
F. The District requires that employees wash hands and any other skin with soap and water, or flush mucous membranes with water immediately or as soon as feasible following contact of such body areas with blood or other potentially infectious materials. Supervisory personnel shall ensure compliance.
G. Contaminated needles and other contaminated sharps shall not be bent, recapped, or removed except as noted below. Shearing or breaking of contaminated needles is prohibited.
1. Contaminated needles and other contaminated sharps shall not be recapped or removed unless no other alternative is feasible or such action is required by a specific medical procedure as determined by a competent medical professional qualified to make such determination.
2. Such recapping or needle removal must be accomplished through the use of a mechanical device or a one-handed technique.
H. Immediately or as soon as possible after use, contaminated reusable sharps shall be placed in 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 where blood or other potentially infectious materials are present.
K. All procedures involving blood or other potentially infectious materials shall be performed in such a manner as to minimize splashing, spraying, spattering, and generation of droplets of these substances.
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 during collection, handling, processing, storage, transport, or shipping.
1. The container for storage, transport, or shipping shall be labeled or color coded according to law and closed prior to being stored, transported, or shipped. When a facility utilizes "universal precautions" in the handling of all specimens, the labeling/color coding of specimens is not necessary, provided containers are recognizable as containing specimens. This exemption applies only while such specimens/containers remain with the facility. Labeling or color coding is required when such specimens/containers leave the facility.
2. If outside contamination of the primary container occurs, the primary container shall be placed within a second container that prevents leakage during handling, processing, storage, transport, or shipping and is labeled or color coded according to the requirements of this standard.
3. If the specimen could puncture the primary container, the primary container shall be placed within a secondary container that is puncture resistant in addition to the above characteristics.
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 assigned to make such determination.
1. A readily observable label in accordance with law shall be attached to the equipment stating which portions remain contaminated.
2. This information shall be conveyed to all affected employees, the servicing representative, and/or the manufacturer, as appropriate, prior to handling, servicing, or shipping so that appropriate precautions will be taken.
Personal protective equipment:
A. Provision. When occupational exposure occurs, the District shall provide, at no cost to the employee, appropriate personal protective equipment such as, but not limited to, gloves, gowns, laboratory coats, face shields or masks and eye protection, and mouthpieces, resuscitation bags, pocket masks, or other ventilation devices. Personal protective equipment will be considered "appropriate" only if it does not permit blood or other potentially infectious materials to pass through to or reach the employee's work clothes, street clothes, undergarments, skin, eyes, mouth, or other mucous membranes under normal conditions of use and for the duration of time that the protective equipment will be used.
B. Use. The District requires that all exposed employees use appropriate personal protective equipment unless the District documents that a specific employee temporarily and briefly declined to use personal protective equipment when, under rare and extraordinary circumstances, it was such employee's professional judgment that in the specific instance its use would have prevented the delivery of health care or public safety 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 the District in order to determine whether changes can be instituted to prevent such occurrences in the future.
C. Accessibility. Appropriate personal protective equipment in the appropriate sizes must be readily accessible at the work site or issued to employees. Hypoallergenic gloves, glove liners, powderless gloves, or other similar alternatives shall be readily accessible to employees who are allergic to the gloves normally provided.
D. Cleaning, laundering, and disposal. The District shall clean, launder, and dispose of personal protective equipment required in this standard, at no cost to the employee.
E. Repair and replacement. The District shall repair or replace personal protective equipment as needed to maintain its effectiveness, at no cost to the employee.
F. Any garment(s) penetrated by blood or other potentially infectious materials shall be removed immediately or as soon as feasible.
G. All personal protective equipment shall be removed prior to leaving the work area.
H. When personal protective equipment is removed it shall be placed in an appropriately designated area or container for storage, washing, decontamination, or disposal.
I. Gloves. Gloves shall be worn when it can be reasonably anticipated that the employee may have hand contact with blood, other potentially infectious materials, mucous membranes, and nonintact skin; when performing vascular access procedures; and when handling or touching contaminated items or surfaces.
1. Disposable (single-use) gloves, such as surgical or examination gloves, shall be replaced as soon as practical when contaminated or as soon as feasible if they are torn, punctured, or their ability to function as a barrier is compromised.
2. Disposable (single-use) gloves shall not be washed or decontaminated for reuse.
3. Utility gloves may be decontaminated for reuse if the integrity of the gloves is not compromised. However, they must be discarded if they are cracked, peeling, torn, punctured, or exhibit other signs of deterioration or when their ability to function as a barrier is compromised.
Housekeeping:
A. General. The work site must be maintained in a clean and sanitary condition. The District shall establish, 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 procedures being performed in the area.
B. All school activity areas are cleaned daily.
C. In cleaning operations involving human blood, a cleaning solution consisting of ten to one (10:1) ratio of water and bleach will be used.
D. All equipment and environmental and working surfaces shall be cleaned and decontaminated after contact with blood or other potentially infectious materials.
1. Contaminated work surfaces shall be decontaminated with an appropriate disinfectant after completion of procedures, immediately or as soon as feasible when surfaces are overtly contaminated or after any spill of blood or other potentially infectious materials, and at the end of the work shift if the surface may have become contaminated since the last cleaning.
2. Protective coverings - such as plastic wrap, aluminum foil, or imperviously backed absorbent paper used to cover equipment and environmental surfaces - shall be removed and replaced as soon as feasible when they become overtly contaminated or at the end of the work shift if they may have become contaminated during the shift.
3. All bins, pails, cans, and similar receptacles intended for reuse that have a reasonable likelihood of becoming contaminated with blood or other potentially infectious materials shall be inspected and decontaminated on a regularly scheduled basis and cleaned and decontaminated immediately or as soon as feasible upon visible contamination.
4. Broken glassware that may be contaminated shall not be picked up directly with the hands. It shall be cleaned up using mechanical means such as a brush and dust pan, tongs, or forceps.
5. Reusable sharps that are contaminated with blood or other potentially infectious materials shall not be stored or processed in a manner that requires employees to reach by hand into the containers where these sharps have been placed.
E. Regulated waste:
1. Contaminated sharps discarding and containment:
a. Contaminated sharps shall be discarded immediately or as soon as feasible in containers that are:
I. Closable.
II. Puncture resistant.
III. Leakproof on sides and bottom.
IV. Labeled or color coded.
b. During use, containers for contaminated sharps shall be:
I. Easily accessible to personnel and located as close as is feasible to the immediate area where sharps are used or can be reasonably anticipated to be found (e.g., laundries).
II. Maintained upright throughout use.
III. Replaced routinely and not be allowed to overfill.
c. When moving containers of contaminated sharps from the area of use, the containers shall be:
I. Closed immediately prior to removal or replacement to prevent spillage or protrusion of contents during handling, storage, transport, or shipping.
II. Placed in a secondary container if leakage is possible. The second container shall be:
i. Closable.
ii. Constructed to contain all contents and prevent
leakage during handling, storage, transport, or
shipping.
iii. Labeled or color coded.
d. Reusable containers shall not be opened, emptied, or cleaned manually or in any other manner that would expose employees to the risk of percutaneous injury.
2. Other regulated waste containment:
a. Regulated waste shall be placed in containers that are:
I. Closable.
II. Constructed to contain all contents and prevent leakage of fluids during handling, storage, transport, or shipping.
III. Labeled or color coded.
IV. Closed prior to removal to prevent spillage or protrusion of contents during handling, storage, transport, or shipping.
b. If outside contamination of the regulated waste container occurs, it shall be placed in a second container. The second container shall be:
I. Closable.
II. Constructed to contain all contents and prevent leakage of fluids during handling, storage, transport, or shipping.
III. Labeled or color coded.
IV. Closed prior to removal to prevent spillage or protrusion of contents during handling, storage, transport, or shipping.
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:
1. Contaminated laundry shall be handled as little as possible, with a minimum of agitation.
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.
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.
c. Whenever contaminated laundry is wet and presents a reasonable likelihood of soak-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.
2. Employees who have contact with contaminated laundry must wear protective gloves and other appropriate personal protective equipment.
3. When a facility ships contaminated laundry off-site to a second facility, which does not utilize universal precautions in the handling of all laundry, the facility generating the contaminated laundry must 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 occupational exposure, and postexposure evaluation and follow-up to all employees who have had an exposure incident.
B. The District requires that all medical evaluations and procedures, including the hepatitis B vaccine, and vaccination series and postexposure evaluation and follow-up, including prophylaxis, are:
1. Made available at no cost to the employee.
2. Made available to the employee at a reasonable time and place.
3. Performed by or under the supervision of a licensed physician or by or under the supervision of another licensed health care professional.
4. Provided according to recommendations of the U.S. Public Health Service current at the time these evaluations and procedures take place, except as specified in this section on hepatitis B vaccination and postexposure evaluation and follow-up.
C. The District requires that all laboratory tests be conducted by an accredited laboratory at no cost to the employee.
Hepatitis B vaccination:
A. Hepatitis B vaccination shall be made available after the employee has received the training required and within ten (10) working days of initial assignment to all employees who have occupational exposure unless the employee has previously received the complete hepatitis B vaccination series, antibody testing has revealed that the employee is immune, or the vaccine is contraindicated for medical reasons.
B. The District shall not make participation in a prescreening program a prerequisite for receiving hepatitis B vaccination.
C. If the employee initially declines hepatitis B vaccination but at a later date while still covered under the standard decides to accept the vaccination, the District shall make available hepatitis B vaccination at that time.
D. The District requires all employees who decline to accept hepatitis B vaccination that is offered to sign 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.
E. If a routine booster dose(s) of hepatitis B vaccine is recommended by the U.S. Public Health Service at 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:
A. Documentation of the route(s) of exposure, and the circumstances under which the exposure incident occurred.
B. Identification and documentation of the source individual, unless the District can establish that identification is infeasible or prohibited by state or local law.
1. The source individual's blood shall be tested as soon as feasible, and after consent is obtained, in order to determine HBV and HIV infectivity. If consent is not obtained, the District shall establish that legally required consent cannot be obtained. When the source individual's consent is not required by law, the source individual's blood, if available, shall be tested and the result documented.
2. When the source individual is already known to be infected with HBV or HIV, testing for the source individual's known HBV or HIV status need not be repeated.
3. Results of the source individual's testing shall be made available to the exposed employee, and the employee shall be informed of applicable laws and regulations concerning disclosure of the identity and infectious status of the source individual.
C. Collection and testing of blood for HBV and HIV serological status:
1. The exposed employee's blood shall be collected as soon as feasible and tested after consent is obtained.
2. If the employee consents to base-line blood collection, but does not give consent at that time for HIV serologic testing, the sample shall be preserved for at least ninety (90) days. If within ninety (90) days of the exposure incident the employee elects to have the base-line sample tested, such testing shall be done as soon as feasible.
D. Postexposure prophylaxis, when medically indicated, as recommended by the U.S. Public Health Service.
E. Counseling.
F. Evaluation of reported illnesses.
Information provided to the health care professional:
A. The health care professional responsible for the employee's hepatitis B vaccination shall be provided a copy of this document.
B. The health care professional evaluating an employee after an exposure incident shall be provided the following information:
1. A copy of this document.
2. A description of the exposed employee's duties as they relate to the exposure incident.
3. Documentation of the route(s) of exposure and circumstances under which exposure occurred.
4. Results of the source individual's blood testing, if available.
5. All medical records relevant to the appropriate treatment of the employee, including vaccination status, that are the District's responsibility to maintain.
Health care professional's written opinion. 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.
A. The health care professional's written opinion for hepatitis B vaccination shall be limited to whether hepatitis B vaccination is indicated for an employee and whether the employee has received such vaccination.
B. The health care professional's written opinion for postexposure evaluation and follow-up shall be limited to the following information:
1. That the employee has been informed of the results of the evaluation.
2. That the employee has been told about any medical conditions resulting from exposure to blood or other potentially infectious materials that require further evaluation or treatment.
C. All other findings or diagnoses shall remain confidential and shall not be included in the written report.
Medical record keeping. Medical records required by this standard shall be maintained.
Communication of Hazards
to Employees
Labels:
A. Warning labels shall be affixed to containers of regulated waste, refrigerators and freezers containing blood or other potentially infectious material, and other containers used to store, transport, or ship blood or other potentially infectious materials, except as provided in law.
B. These labels shall contain the "biohazard" label.
C. These labels shall be fluorescent orange or orange-red or predominantly so, with lettering or symbols in a contrasting color.
D. Labels are required to be affixed as close as feasible to the container by string, wire, adhesive, or other method that prevents their loss or unintentional removal.
E. Red bags or red containers may be substituted for labels.
F. Containers of blood, blood components, or blood products that are labeled as to their contents and have been released for transfusion or other clinical use are exempted from the labeling requirements of this section on communication of hazards to employees.
G. Individual containers of blood or other potentially infectious materials that are placed in a labeled container during storage, transport, shipment, or disposal are exempted from the labeling requirements.
H. Labels required for contaminated equipment shall be in accordance with this section and shall also 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:
A. All employees with occupational exposure shall participate in a training program, which must be provided at no cost to the employees and during working hours.
B. Training shall be provided as follows:
1. At the time of initial assignment to tasks where occupational exposure may take place.
2. Within ninety (90) days after the effective date of the standard.
3. At least annually thereafter.
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.
D. Annual training for all employees shall be provided within one (1) year of their previous training.
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.
F. Material appropriate in content and vocabulary to educational level, literacy, and language of employees shall be used.
G. The training program shall contain at a minimum the following elements:
1. An accessible copy of the regulatory text of this standard and an explanation of its contents.
2. A general explanation of the epidemiology and symptoms of bloodborne diseases.
3. An explanation of the modes of transmission of bloodborne pathogens.
4. An explanation of the District's Exposure Control Plan and the means by which the employee can obtain a copy of the written plan.
5. An explanation of the appropriate methods for recognizing tasks and other activities that may involve exposure to blood and other potentially infectious materials.
6. An explanation of the use and limitations of methods that will prevent or reduce exposure, including appropriate engineering controls, work practices, and personal protective equipment.
7. Information on the types, proper use, location, removal, handling, decontamination, and disposal of personal protective equipment.
8. An explanation of the basis for selection of personal protective equipment.
9. Information on the hepatitis B vaccine, including information on its efficacy, safety, method of administration, the benefits of being vaccinated, and that the vaccine and vaccination will be offered free of charge.
10. Information on the appropriate actions to take and persons to contact in an emergency involving blood or other potentially infectious materials.
11. An explanation of the procedure to follow if an exposure incident occurs, including the method of reporting the incident and the medical follow-up that will be made available.
12. Information on the postexposure evaluation and follow-up that the District is required to provide for the employee following an exposure incident.
13. An explanation of the labels and/or color coding required.
14. An opportunity for interactive questions and answers with the person conducting the training session.
H. The person conducting the training shall be knowledgeable in the subject matter covered by the elements contained in the training program as it relates to the workplace that the training will address.
Record Keeping
Medical records:
A. The District shall establish and maintain an accurate record for each employee with occupational exposure as defined herein.
B. This record shall include:
1. The name and Social Security number of the employee.
2. A copy of the employee's hepatitis B vaccination status, including the dates of all hepatitis B vaccinations and any medical records relative to the employee's ability to receive vaccination.
3. A copy of all results of examinations, medical testing, and follow-up procedures.
4. The District's copy of the health care professional's written opinion.
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:
1. Kept confidential.
2. Not disclosed or reported, without the employee's express written consent, to any person within or outside the workplace, except as required by law.
D. The District shall maintain the records required by law for at least the duration of employment plus thirty (30) years.
Training records:
A. Training records shall include the following information:
1. The dates of the training sessions.
2. The contents or a summary of the training sessions.
3. The names and qualifications of persons conducting the training.
4. The names and job titles of all persons attending the training sessions.
B. Training records shall be maintained for three (3) years from the date on which the training occurred.
Availability:
A. The District shall ensure that all records required to be maintained shall be made available, upon request, to the Assistant Secretary of Labor and the Director of the Occupational Safety and Health Administration for examination and copying.
B. Employee training records required by law shall be provided upon request for examination and copying to employees, to employee representatives, to the Director of the Occupational Safety and Health Administration, and to the Assistant Secretary of Labor.
C. Employee medical records required by law shall be provided upon request, for examination and copying, to the subject employee, to anyone having written consent of the subject employee, to the Director of the Occupational Safety and Health Administration, and to the Assistant Secretary of Labor.
Transfer of records:
A. The District shall comply with the legal requirements involving transfer of records.
B. If the District ceases to do business and there is no successor district to receive and retain the records for the prescribed period, the District shall notify the Director of the Occupational Safety and Health Administration, at least three (3) months prior to their disposal, and transmit them to the Director of the Occupational Safety and Health Administration, if required by the Director of the Occupational Safety and Health Administration to do 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
B. A statement, signed by a licensed physician or a state or local health officer, that affirms serologic evidence of having had measles.
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
B. A statement, signed by a licensed physician or a state or local health officer, that affirms serologic evidence of having had 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: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
36-624
A.A.C.
R9-6-347
R9-6-360
R9-6-704
A.G.O.
I88-03
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
B. A statement, signed by a licensed physician or a state or local health officer, that affirms serologic evidence of having had measles.
C. Being Anyone born before 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
B. A statement, signed by a licensed physician or a state or local health officer, that affirms serologic evidence of having had rubella.
C. Attaining age forty-five (45) (presumed immunity).
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.
(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. R9-6-203 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 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:
A. Staff members who must have such information to carry out their duties under this policy; or
B. Staff members or students (or their parents/guardians) who must have such information to protect 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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
36-621
36-624
A.A.C.
R9-6-203 et seq.
R9-6-355
29 U.S.C. 794 et seq., Rehabilitation Act, (Section 504)
42 U.S.C. 12101 et seq. (Americans with Disabilities Act)
29 C.F.R. 1630.1 et seq. (ADA guidelines)
29 C.F.R. 1910.10 et seq. (OSHA Universal Precautions Standard)
CROSS REF.:
GBGC - Employee Assistance
GBGCA - Wellness Programs
JLCB-R - Immunizations of Students
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<-- z2AdoptionDate -->
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
STAFF PARTICIPATION IN
POLITICAL ACTIVITIES
(Election Guidelines for School District Employees
and Governing Board Members)
By law, the District may provide the public only with content-neutral, public information. Since the District is a tax-supported institution, employees may not, during their normal work hours, work on the promotion of a bond or an override election, nor may employees use District materials to help promote a bond or an override election.
The law (A.R.S. 15-511) as amended in 1996 is very clear: A school district shall not use its personnel, equipment, materials, buildings, or other resources for the purpose of influencing the outcome of elections.
In practical terms, this means that District personnel cannot spend or use, or allow others to spend or use, school resources in an attempt to persuade voters.
Factual information concerning a bond or an override election will be provided by the District. The information will be presented in the informational pamphlet that is mailed to each household in the District in which a qualified elector resides.
Please remember the following:
A. Do not use school equipment such as copiers, telephones, mailboxes, and electronic mail for advocacy.
B. Do not use school communication networks such as school newsletters or student newspapers. Newsletters that are written, paid for, and distributed independently of school resources and without using students are permitted.
C. The law expressly prohibits the use of students as messengers of an advocacy position. In practical terms, this means you may not send any written materials (e.g., flyers, newsletters, statements of support, et cetera) designed to influence the outcome of an election home with students.
D. Any nonadvocacy information, either written or oral, about an election prepared or disseminated by the District, such as statements reminding people to vote or the location or hours polling places are open, must be presented in English, Spanish, and, if applicable, the language of any Native American tribes located in the District.
E. Do not use District secretarial or other support staff members to prepare promotional materials.
F. Do not spend school or District money on promoting the election.
G. District employees may act as advocates, but only as private citizens, on their own time and using their own, or other private, resources. Employees must make it clear when speaking or writing that they are acting as private citizens, and that they are not acting as representatives of or for the District.
H. Employees of the District may not use the authority of their positions to influence the vote or political activities of any subordinate employees.
I. The District is not responsible for the decision by any organization using or leasing District facilities to extend invitations to proponents and opponents of the ballot issue(s). These are decisions that are at the discretion of the organization itself.
J. In permitting public use or leasing of school facilities for meetings, the District cannot favor proponents over opponents of the ballot issue(s).
K. Private organizations, not sponsored or created by the District, may engage in any advocacy at their own expense. If the organization is too closely associated with the District, its actions may be imputed to the District and violate these rules.
Please follow these guidelines carefully. It is important to remember that even one minor infraction could result in the election being declared invalid.
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 Risk ManagerDistrict office.
The Risk ManagerSuperintendent, 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 modified job description be performed adequately.
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.
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 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. 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 Manual adoption<-- z2AdoptionDate -->
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
EXHIBIT
PROFESSIONAL / SUPPORT STAFF
VOLUNTARY TRANSFER OF
ACCRUED SICK LEAVE
SICK LEAVE DONATION FORM
Directions
Please read carefully the information below, sign, and submit to the assistant superintendent for personnel services. A copy of this form will be returned to you and to the employee receiving the donated sick leave.
Employee name _______________________________ Date _________________
School/department _____________________________
____________________________________________________________________
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 for no more than three (3) years.
3. I understand that my donated leave, if issued, becomes the permanent property of the
receiving employee and will not be returned to me if used.
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.
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 _______________________________________
__________________________________________ _______________________◻ Approved
◻ Disapproved
__________________________________________ _______________________
Assistant to the Superintendent's Signature Date
Number of accumulated sick leave days __________________________________
Number of donated days issued ________________________________________
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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
38-532
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.
B. 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 means an action taken by a governing board that results in:
A. Disciplinary action.
B. Transfer or reassignment.
C. Suspension, demotion, or dismissal.
D. An unfavorable performance evaluation.
E. Other significant changes in duties or responsibility that are inconsistent with the employee's salary or employment classification.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-213
15-514
23-425
38-532
41-785
CROSS REF.:
DJ - Purchasing
DJE - Bidding/Purchasing Procedures
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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-501
15-502
15-503
CROSS REF.:
CCB - Line and Staff Relations
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.
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: date of Manual adoption<-- z2AdoptionDate -->
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
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 salary schedule pertains to personnel holding an Arizona Teaching Certificateprovisional, basic, or standard certificates at the elementary or secondary levels.
Initial Placement on New Hire Salary TableSchedule. 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 eleven (11) _____ years for substantiated experience, i.e., placed on the twelfth (12th) _____ 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.
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 salary schedule 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 newly hired, critical, and difficult-to-fill certificated personnel positions placed on the teachers' salary schedule, differentials above the stated schedule may be paid.
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<-- z2AdoptionDate -->
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)
The Superintendent will recommend to the Board an extra-duty pay schedule each year for its review and action.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-502
REGULATION
PROFESSIONAL / SUPPORT STAFF
LEAVES AND ABSENCES
(Absent Without Leave)
Professional Staff Docking Rates
The daily docking rate for a professional staff member shall be determined by dividing the employee's annual salary by the number of days within the contract period.
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 Manual adoption<-- z2AdoptionDate -->
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 be exceeded; or
B. A reason that does not conform to any policy currently in effect; or
C. 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, 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<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-341
REGULATION
PROFESSIONAL / SUPPORT STAFF
SICK LEAVE
Short-Term Disability Leave
The District will provide to employees, short-term disability insurance. The payment for short-term disability shall be sixty-six and two-thirds (66 2/3) percent of the employee's weekly earnings, not to exceed one thousand one hundred fifty-five dollars ($1,155) per week, which is paid by the designated provider. The Elimination Period is the length of time of continuous disability which must be satisfied before an employee is eligible to receive benefits. If the disability is the result of an injury that occurs while covered under the plan, the Elimination Period is 89 days. If the disability is due to sickness, the Elimination Period is 89 days. If the definition of disability is met, the employee may receive a benefit for twelve (12) weeks. Optional employee-paid coverage is available for the first ninety (90) calendar days.
Long-Term Disability Leave
An employee for whom a leave of absence for long-term disability is authorized will notify the Human Resources department. The employee's name will then be placed on the Governing Board meeting agenda to notify the Board of such action.
Hospitalization and major medical insurance premiums may be paid by the employee at a group insurance rate through the District. The Arizona State Retirement System (ASRS) contributes toward premium payments. The District will continue to pay the employee's life insurance premiums for nine (9) months after leave is authorized. A waiver will then be sent to the insurance company for approval of continued coverage by the insurance company. If this waiver is approved, the employee will be covered until age sixty-five (65).
If the employee returns to District service within a year, all rights of tenure, retirement, accrued leave, salary increments, and other benefits provided by law shall be preserved at the level earned when leave was taken, and the employee will be considered for any position comparable to the original position, with the understanding that when an opening occurs in the category formerly held, the employee will be given consideration for the position.
If the employee does not return to work after one (1) year, the District has no further obligation to the employee. The employee will be terminated. This action will occur when the employee's name is placed on a Governing Board meeting agenda to notify the Board of such action.
Accrual and
Use of Sick Leave
Sick leave is posted in hours. Two (2) days equivalent are advanced at the beginning of the work calendar with the remaining hours accruing each pay period to the maximum allowed per work calendar year. There will be no limit on the amount of sick leave that an employee may accrue. Sick leave is charged to the employee's record on an hourly basis. A "dock," or pay reduction may be made when the employee's absence exceeds the amount of sick leave the employee has accrued.
Annual Sick Leave
Buy-back Option
Glendale Elementary School District (GESD) offers a limited annual sick leave buy-back option for employees who are returning to work in the subsequent fiscal year, have accrued paid sick leave and meet certain criteria as defined herein. To be eligible to use the annual sick leave buy-back benefit, an employee may not have been on an improvement plan or received a letter of reprimand or any other form subject to any form of written discipline during the school year in which the employee seeks to buy-back the leave.
First-year employees must have a minimum balance of forty (40) hours of accrued sick leave banked to apply for the sick leave buy-back. All other employees must have a minimum of sixty-four (64) hours banked. Absences taken during the year will be deducted from the current-year accrual to determine available balance. The employee’s sick leave balance will be reduced by the amount of sick leave purchased in the buy-back.
Pay-out rates are set as follows: 0-4 years of service at $6.25 per hour; 5-9 years of service at $7.50 per hour; 10+ years of service at $9.375 per hour. The following table shows the maximum hours per year from current-year accrual that may be cashed out in eight (8)-hour increments only (for example 20 hours = 16 hours paid, 4 hours carried forward):
Years of Service Maximum Hours Bought Maximum Pay-Out
0-1 8 $50.00
2 16 $100.00
3 24 $150.00
4 32 $200.00
5-9 40 $300.00
10+ 40 $375.00
An application period to request buy-backs will occur annually the first full week in May. The application window will open at 5 p.m. on Monday and close at 5 p.m. on Friday. Notice and instructions will be disseminated to employees two weeks prior to the opening date via email.
Buy-back requests will be granted on a first-come, first-served basis based upon the date and time of receipt.
Pay-outs will occur in the following fiscal year with the following options: in the first full pay period depending on employee's work calendar OR the pay period prior to winter break.
Sick Leave Buy-Back Upon
Separation of Employment
Employees with more than five (5) years of continuous service with the District may be eligible to participate in sick leave buy back benefit with respect to accrued but unused sick leave upon their resignation or retirement from the District. Employees must complete a full year and finish their contract/work agreement term and not have been under a performance improvement plan or subject to any form of written discipline during their final year of employment to be eligible.
Employees who resign or retire from the District with at least five (5) years but less than ten (10) years of continuous service may request sick leave buy-back of up to three hundred twenty (320) hours at $8.125 per hour.
After ten (10) years of continuous service with the District, and upon resignation or retirement, each classification of employee will be reimbursed for accumulated sick leave based on the first range of the employee's classified salary grade or $11.25 per hour, whichever is less. There is a cap to the number of days that will be reimbursed as outlined in the table below. A contract year equals a year of employment for purposes of this policy. Example: The employee is required to complete ten (10) or more continuous school years first to last day to qualify or must resign/retire on the anniversary date to receive his/her ten (10) year sick leave buyback.
Years of Service Maximum Hours Reimbursed
5-9 320
10-14 640
15-19 960
20-24 1,280
25+ 1,360
A request for sick leave buy back must be presented in writing to the Human Resources Department by March 20 of the year in which the resignation is to occur. Anyone submitting a request after March 20 will be paid the following fiscal year. When extenuating circumstances preclude such notification by the above-noted timeline, the consideration will be given to applicant depending on the availability of funds. If funds are unavailable, applicant will be paid the following year. Employees must submit their written request for sick leave buy-back to the Payroll Office prior to their last day of work.
Leave Buy-Back or Payout
for Those 55 and Over
Employees who have reached or will reach their fifty-fifth (55th) birthday in the same year that they separate from service and will receive more than two thousand dollars ($2,000) in a leave pay-out will receive their payment through an employer non-elective contribution into a specified 403(b) Plan or Post Retirement Incurred Medical Expenses Plan.
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. Family, for purposes of sick leave, shall include:
FianceDomestic Partner
Sick leave may include other excused absences, such as medical, dental, or optical examination or treatment impossible to schedule on nonduty days.
Eligible staff members
Each staff member shall be credited with a sick leave allowance to a maximum of thirteen (13) days, contingent on at the rate of _____ (__) days per month up to ten (10) or twelve (12) days, determined by the number of months employed during the fiscal year four (4) of which will be allocated for personal business. Two (2) days of sick leave and two (2) days of personal business shall be credited at the time the employees receive their first paycheck. The remaining sick leave days shall be accrued through the remainder of their work calendar. The remaining two personal business days will be credited on the first pay in January. Staff members hired after the date of the first pay for the employee's position shall receive pro-rated sick and personal business leave allocations at the time of their first paycheck. Unused days allocated as personal business will roll into sick leave balances at the end of each year. The unused portion of the sick leave allowance shall accumulate without limit.
An employee who separates from employment with the District having used sick leave in excess of the prorated amount to which the employee was eligible during the period of employment shall have a deduction for the excess leave taken from their final salary payment.
Sick leave is only for the purpose of recuperative activities, e.g., obtaining medical care or treatment, childbirth, procuring medications or other prescribed materials, convalescing at home or at a medical facility, or other therapy or activity prescribed by the employee's physician or health practitioner (with verification required if requested by the Superintendent). The District may, at District expense, require the employee to submit to medical or psychiatric examination by a physician or psychiatrist selected by the District to determine 1) whether or not the continued use of sick leave is appropriate or 2) whether return to duty is appropriate. A statement may also be requested when the District has reason to believe that the employee might be harmed by a premature return to work.
Sick leave shall be provided upon the request of the employee. Such request must be reported using the District-approved leave system:
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.
Any employee who can be shown to have willfully violated or misused the District's sick leave policy or misrepresented any statement or condition will be subject to discipline, which may include reprimand, suspension, and/or dismissal.
Other types of leave may be deducted from accumulated sick leave when an employee is temporarily unable to carry out the performance of assigned duties and/or responsibilities. If the employee refuses the "Return to Work" offer, the employee will not be allowed to use sick or donated leave to make up the difference for the wages they could have earned.
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.
Sick Leave Buy Back
The District may offer as a benefit of employment the ability for employees to receive compensation for accrued but unused sick leave (sick leave buy back). The Governing Board shall approve the eligibility requirements, requisite timelines for application and payment, and compensation amounts for any sick leave buy-back program.
Adopted: date of Manual adoptionAdopted: <-- z2AdoptionDate -->
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
All employees with positions that are one-half full-time equivalent (0.5 FTE) or greater Each staff member will be granted personal leave not to exceed four two (42) days per year, deducted from annual allocation of sick leave. 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 of leave, and must be approved by the principal/supervisor. Extenuating circumstances may be considered on a case-by-case basis.
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 to extend during the following periods:
A. On the day immediately preceding or following a holiday or
other school breakvacation.
B. During the first two (2) weeks of school or the last two (2) weeks of school.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-510
REGULATION
PROFESSIONAL / SUPPORT STAFF
PERSONAL / EMERGENCY /
RELIGIOUS LEAVE
Personal leave is intended for:
A. Personal business.
B. Religious obligations.
C. Civic-related leave (subpoena).
Personal Business Leave
More than two (2) days of accrued leave being used for personal business in continuous succession may be denied by the administration if the educational program would be adversely affected by the request.
When an employee exceeds the allotted number of days for personal business leave, the employee will be docked at the daily rate of pay.
In special circumstances, the Superintendent may approve more than three (3) days of personal business leave for certificated staff or more than four (4) days for support staff, but the reasons for the leave must be given, and the request may be denied.
Religious Leave
This category of leave may be used for absenteeism days of religious obligation and will be charged to accrued leave.
Civic-Related Leave
An employee may be granted leave without loss of salary if subpoenaed to participate in a court-required legal responsibility.
Voting Leave
In accordance with A.R.S. 16-402, an employee may be granted leave without loss of salary to vote in a primary or general election if there are less than three (3) consecutive hours between the opening of the polls and the beginning of the work shift or between the end of the work shift and the closing of the polls. An employee needing to use voting leave must make a written request at least one (1) day prior to the election. The supervisor shall specify the hours during which the employee may be absent.
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:
A. For additional education that relates to the employee's primary assignment. A plan of contemplated course work must be presented.
B. To provide for an unpaid leave in a situation where the employee will be absent from work because of 1) a reason that conforms to a policy currently in effect but the maximum number of days provided for in that policy will be exceeded, 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 of the application.
D. For leave under the Family and Medical Leave Act.
A leave of absence requested pursuant to this policy may be:
A. Approved by the Superintendent if the leave period does not exceed twelve (12) weeks; or
B. 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 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.
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) 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:
A. Because of the birth of a child of the employee and in order to care for such child.
B. Because of the placement of a child with the employee for adoption or foster care.
C. In order to care for the spouse or a son, daughter, or parent of the employee, if such person has a serious health condition.
D. Because of a serious health condition that makes the employee unable to perform the functions of the position of such employee.
E. 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 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, 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.
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.
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 under the following circumstances:
A. If medically necessary to care for a family member or for the employee's own serious health condition;
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 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:
A. Requested to care for a qualifying family member or as a result of the employee's serious health condition preventing job performance;
B. Foreseeable, based upon planned medical treatment; and
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:
A. 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.
B. 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.
C. 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:
A. About FMLA by provision of the FMLA fact sheet (Exhibit EE).
B. As appropriate concerning the expectations, obligations, and consequences of taking FMLA leave per 29 C.F.R. 825.300(a) of FMLA.
C. That FMLA leave may be withheld until a requested notice is provided or the time frame is met.
D. 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 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 825.218 of FMLA rules.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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 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 treatment 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.
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/
(Date)
medical 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 requirement), 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 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) gace 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 [ ] have [ ] have not determined that restoring you to employment at the conclusion of FMLA leave will cause substantial and grievous §825.219 of the FMLA regulations.)
8. While on leave, you [ ] will [ ] 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 [ ] will [ ] 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).)
EXHIBIT
PROFESSIONAL / SUPPORT STAFF
LEAVES OF ABSENCE WITHOUT PAY
MILITARY FAMILY LEAVE
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
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:
A. To care for the employee's child after birth, or placement for adoption or foster care;
B. To care for the employee's spouse, son or daughter, or parent who has a serious health condition; or
C. For a serious health condition that makes the employee unable to perform the employee's job.
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.
A. The employee ordinarily must provide thirty (30) days advance notice when the leave is "foreseeable."
B. 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:
A. For the duration of FMLA leave, the employer must maintain the employee's health coverage under any "group health plan."
B. Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.
C. 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:
A. interfere with, restrain, or deny the exercise of any right provided under FMLA.
B. 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:
A. The U.S. Department of Labor is authorized to investigate and resolve complaints of violations.
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
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).
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.
A. Only the regular salary may be received by an employee on jury duty.
1. It is the responsibility of the employee to reimburse the District for jury duty pay when such payment is made directly to the employee. Failure to reimburse the District at the completion of the jury duty service will result in a full deduction equal to the number of contract days missed.
2. An employee excused from jury duty after being summoned shall report for regular duty as soon as possible. Failure to report for duty will result in a deduction equal to that portion of a contract 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.
A. An employee's accrued vacation, personal, sick or other applicable leave shall be used to the extent available by policy.
B. If paid leave is unavailable, the employee must request an unpaid leave of absence in accord with policy.
C. Before an employee may leave work for this purpose, the employee shall provide the employer with a copy of the form provided by law enforcement and if applicable a copy of the information the law enforcement agency provides the employee pursuant to either A.R.S. 8-386 or 13-4405.
D. Leave for this purpose may be limited if the leave creates an undue hardship to the employer's business.
Military Leave:
A. An employee who is a member of the Military Reserve or National Guard shall be entitled to leave of absence without loss of pay, time, or efficiency rating when engaged in field training [A.R.S. 26-168 and 38-610].
B. An employee who is a member of the uniformed service may use any vacation leave or other accumulated paid time off during their service, or may take unpaid leave of absence.
C. The District must reemploy uniformed service members, as defined in 38 U.S.C. 4303, returning from a period of service, if the service member:
1. Was employed by the District.
2. Gave the District notice that he or she was leaving the job for service in the uniformed services, unless giving notice was precluded by military necessity or otherwise impossible or unreasonable.
3. Has a cumulative period of service in the uniformed services not exceeding five (5) years.
4. Was not released from service under dishonorable or other punitive conditions.
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: date of Manual adoption<-- z2AdoptionDate -->
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 U.S.C. 4301 et seq., Uniformed Services Employment and Reemployment
Rights Act
REGULATION
SABBATICAL LEAVE
Guidelines for Professional
Sabbatical Leave
The sabbatical committee is composed of two (2) appointed teachers, one (1) principal, one (1) personnel department representative, and one (1) administrative services representative.
Sabbatical Leave - Professional
The Governing Board may authorize sabbatical leave when it deems such leave to be reasonable and for good cause, which is defined as being "of direct and verifiable benefit to the School District." In addition, it is not to be detrimental to education within the District. Sabbatical leave shall be limited to a period not to exceed one (1) year and may be granted to an employee only after seven (7) consecutive years of service with the District.
In each instance, the procedures outlined in A.R.S. 15-510(D) and (E), as amended, shall govern in the management of this regulation. The pertinent portions of the statute are paraphrased below:
A. Sabbatical leave of absence may be granted only for the purpose of allowing a teacher's continued professional education.
B. Sabbatical leave may not exceed a period of one (1) year and may be granted only to a teacher who has been employed by the District for a period of seven (7) consecutive years immediately prior to the time the sabbatical leave is to commence, provided such teacher has not previously been granted a sabbatical leave of absence by the Board.
C. The Board may authorize a salary to be paid to the person to whom the sabbatical leave is granted, not to exceed one-half (1/2) such person's regular salary at the time the leave is granted.
D. The salary shall be paid upon condition that the person 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. A person who fails to return within such period shall repay to the District the amount received from the District during the leave period. Unless such amount is so repaid, the Board shall direct the County Attorney to institute suit against such person to collect such amount.
E. If leave is granted, all rights of tenure, retirement, accrued leave with pay, salary increments, and other benefits provided by law shall be preserved and available to the applicant after termination of the leave of absence [Amended Laws 1964, Chapter 96, Section 1].
Notification of the availability of sabbatical leave forms will be sent to the schools by the end of November. Applications for sabbatical leave must be submitted to the office of the assistant superintendent for administrative services not later than February 1. The Governing Board will consider each written request for sabbatical leave on an individual basis. It will be considered on the basis of the likelihood of improvement of professional preparation and/or the educational program of the District, the current assignment of the individual, value of the leave to the District, and the nature of the right to determine the manner in which the salary paid (if any) shall be issued during the term of leave. The Governing Board reserves the right to require, as a condition of salary payment, periodic interim reports on the successful progress of the employee's professional education.
The formula for pay will be based on the difference between the employee's current placement on the salary schedule, in the year of application, and the first step of the first column on the current salary schedule. The maximum leave salary would not exceed state limitations.
The sabbatical committee will review and screen all applications based on established criteria and make recommendations to the Governing Board. The committee will submit applications in priority order. Appeals may be made to the Superintendent/Governing Board. The cost to the District will not exceed the average cost of one full time equivalency (FTE) teacher, including benefits.
If leave is granted, all rights of tenure, retirement, accrued leave, salary increments, and other benefits provided by law shall be preserved at the level earned when leave was granted and shall be available to the employee after termination of the leave of absence and return to active service with the District. Hospitalization and major medical insurance premiums may be paid by the employee. Upon return, the employee will return to the same position if it is in existence. If not in existence, the employee will be granted a position of equal standing.
Note: The sabbatical committee reserves the right to interview all applicants and to verify application information.
To 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:
A. Value of the meeting or conference.
B. Funds available in the appropriate budgets.
C. Availability of a substitute, if one is necessary.
With 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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-504
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
Sabbatical leave may be granted to certificated teaching and administrative personnel for a maximum of one (1) year when conforming to Arizona Revised Statute, 15-510.
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<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-510
A.G.O.
I81-053
(Voluntary Transfer of Accrued Sick Leave -
Sick Leave Bank)
The 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 is termed Sick Leave Bank. Such a program increases employee morale and may reduce some of the stresses associated with illness and facilitate the employee's recovery, which is in the best interest of the District.
The Superintendent or the Superintendent's designee will establish appropriate guidelines for the operation of this program.
Adopted: date of Manual adoptionwill 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: <-- z2AdoptionDate -->
LEGAL REF.:
A.G.O.
I91-027
REGULATION
PROFESSIONAL / SUPPORT PROFESSIONAL STAFF VOLUNTARY
VOLUNTARY TRANSFER OF
ACCRUED SICK LEAVE
(Application)
The application must be in writing.
The application must be supported by a physician's letter documentation from a heath care professional confirming the conditions required need for receipt of sick-leave bank assistance related to health needs. In cases of domestic violence, sexual violence, abuse or stalking, documentation from the employee, as defined in A.R.S. 23-373, shall be considered reasonable documentation.
Data in the application shall include the nature of the illness, diagnosis, and prognosis an expected date 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 / SUPPORT PROFESSIONAL STAFF VOLUNTARY
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.by the appropriate documentation as defined in A.R.S. 23-373.
C. Data in the application shall include the nature of the illness, diagnosis, and prognosis expected date 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 injuryneed, as defined in A.R.S. 23-373, for sick leave.
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.
EXHIBIT
PROFESSIONAL / SUPPORT STAFF
VOLUNTARY TRANSFER OF
ACCRUED SICK LEAVE
SICK LEAVE BANK REQUEST FORM
Print Name: __________________________________ Date: ______________
Number of hours requested _______ (not to exceed 160 hours or 20 days)
Documentation must be attached to request (doctor's statement, letter of explanation, etc.)
A. Personal letter of explanation - Required
B. Doctor's statement/diagnosis - Required
C. Other supporting documentation - Optional
◻ First Request
Check all that apply:
◻ I have used all my sick leave/personal business/vacation.
◻ I have not used all my sick leave/personal/business/vacation. All accruals will be
exhausted by _____________ (input date).
◻ I am/will be receiving short-term disability payments.
◻ Second Request
Number of hours requested _________:
◻ I have not received the maximum hours from the sick leave bank.
◻ I have received the allowed maximum from the sick leave.
◻ I am requesting additional donations from participants be requested on my behalf.
◻ I understand my name will be released to participants when requesting donations.
Details regarding my leave will not be disclosed.
Employee Signature ___________________________________________________
Return completed form to Substitute Coordinator - Human Resources
_______________________________________
Request granted for _________ hours
Granted Denied
_____________________________ ◻ ◻ Date: _______________
_____________________________ ◻ ◻ Date: _______________
_____________________________ ◻ ◻ Date: _______________
_____________________________ ◻ ◻ Date: _______________
Committee reason for denial: _____________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
EXHIBIT
PROFESSIONAL / SUPPORT STAFF
VOLUNTARY TRANSFER OF
ACCRUED SICK LEAVE
SICK LEAVE BANK DONATION FORM
Name: __________________________________ Site: _____________________
Print Name
I elect to participate in the District Sick Leave Bank.
I understand:
A. This donation is voluntary.
B. Donation is final and I cannot request a refund of donated hours.
C. I can only request assistance from the sick leave bank if I have donated hours.
D. Eight (8) hours (or pro-rated amount if less than full-time) will be deducted from my sick leave balance.
E. I must have a minimum sick leave balance of sixty-four (64) hours.
◻ Please check here if you agree to the terms stated above and would like to
participate in the sick leave bank.
__________________________________________ _______________________
Signature Date
If you choose to participate, please complete and
return this form to the Payroll Office.
To be completed by Payroll. Once processed employee will receive a copy of this form.
|
EXHIBIT
PROFESSIONAL / SUPPORT STAFF
VOLUNTARY TRANSFER OF
ACCRUED SICK LEAVE
MEDICAL LEAVE ASSISTANCE
PROGRAM INFORMATION NOTICE
__________________________________________________
NOTICE TO GLENDALE ELEMENTARY EMPLOYEES
________________________________ will be absent from work for a minimum of four (4) weeks because of a serious illness or injury and does not have enough leave to cover this time period.
Employees may donate up to five (5) days of sick leave in any contract year for no more than three (3) years if they have currently accrued thirty (30) or more days of sick leave.
Employees wishing to donate must complete the form available from the personnel department and return it to the assistant to the superintendent for personnel services no later than ten (10) working days from the issuance of this notice.
Please remove on _________________
Date
As a fringe benefit, all regular employees are eligible for bereavement leave. Eligible employees receive up to three (3) working days of leave for an in-state death and An employee may be granted, upon request to the Superintendent, up to five (5) working days for an out-of-state death, not to exceed a maximum of five (5) days per fiscal year. One (1) day of bereavement leave is equivalent to an employee's regularly scheduled hours for the assigned position. Approved bereavement days are not deducted from earned leave.
For the purposes of bereavement leave, family shall include:
Spouse Grandparents
Children Grandchildren
Parents Like relations created by marriage, e.g.,
Siblings step-child, father-in-law, etc.
Fiancee Domestic Partner
of leave per year, with pay, to be used in the event of death of an employee's family member 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 earned leaveaccrued sick leave.
In the absence of any earned accumulated sick leave, and upon request, the Superintendent may approve an unpaid leave of absence for each day of extended bereavement leave used.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-502
Vacations
Certificated administrators shall have holidays as scheduled in the school calendar. Twelve (12)-month certificated administrators earn vacation in accord with contractfour (4) weeks of vacation, which shall be taken when school is not in session. Vacation may accumulate to a maximum of forty (40) _____ days, at which time no more vacation can be earned. As accumulated vacation days are used and drop below forty (40) _____ 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. Staff members who are not exempt under the Fair Labor Standards Act (FLSA) must be present for work or on approved paid leave on the scheduled workday immediately preceding and immediately following a holiday in order to be eligible for holiday leave.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
It shall be the policy of the District to employ and retain the best qualified personnel. This will be accomplished by considering 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:
A. There will be no discrimination in the hiring process due to race, color, religion, sex, age, national origin, sexual orientation, gender identity or disability of an otherwise qualified individual.
B. Candidates for professional positions shall be qualified for and have the training necessary to perform the instructional duties or functions for which they have applied.
C. Each candidate shall provide evidence of meeting state requirements for certification.
D. Each candidate shall be requested to complete a consent-and-release form regarding conduct of a background investigation.
E. 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.
Information obtained about an employee or applicant for employment by the District in the performance of a background investigation, including any records indicating that a current or former employee of a school or school district was disciplined for violating policies of the School District Governing Board pursuant to A.R.S. 15-153, may be retained by that district and may be provided to any school district or other public school that is performing a background investigation.
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:
A. The District verifies in writing on a form provided by the Arizona Department of Education (ADE) the necessity for hiring and placing the applicant into service before a fingerprinting check is completed.
B. The District obtains from the Department of Public Safety a state-wide criminal records check on the applicant. Subsequent criminal records checks must be completed every one hundred twenty (120) days until a permanent certificate is received.
C. The District searches the criminal records of all local jurisdictions outside Arizona where the applicant has lived in the previous five (5) years.
D. The District obtains references from the applicant's current employer and two (2) most recent previous employers, except that for applicants who have been employed for at least five (5) years by the most recent employer, only references from that employer are required.
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.
A professional candidate's acceptance of a contract offer must be indicated as specified and according to the time frame specified in within ________________ (_____) days from the date of the written contract or the contract 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<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
13-3716
15-153
15-502
15-503
15-512
15-536
15-538.01
15-539
15-550
23-211
23-212
23-1361
38-201
38-231
38-232
38-766.01
41-1750
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 VACATIONS
AND HOLIDAYS
Full-time, twelve (12) month, certificated administrators earn twenty (20) vacation days of leave annually. Vacation days are accrued at thirteen and one-third (13.33) hours per month.
Employees must submit vacation requests to their respective immediate supervisor for approval. Any change in scheduled vacation dates must also be in writing to the employee's immediate supervisor.
EXHIBIT
PROFESSIONAL STAFF HIRING
CONSENT TO CONDUCT BACKGROUND
INVESTIGATION AND RELEASE
I, ______________________________________ [applicant's name], have applied for employment with the ______________________________ 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
PROFESSIONAL STAFF HIRING
BACKGROUND CHECK FORM
Applicant ___________________________________ Date __________________
Person contacted _____________________________ Telephone ______________
Address ______________________________________________________________
E-mail address ________________________________________________________
Relationship to applicant:
◻ Former employer - position _________________________________________
District, business, or other entity _____________________________________
◻ Personal reference
Method of contact: ◻ 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 _________________________________________________________
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:
A. I have attained a normal retirement age as defined by the ASRS.
B. I am returning to greater than half (1/2) time employment not sooner than twelve (12) months following my termination of full time employment for the purpose of retirement.
C. If I return to work as a certificated teacher, my employment is not subject to the requirements prescribed in A.R.S. 15-538, 15-538.01, and 15-539 through 15-543.
D. I understand that:
1. pursuant to A.R.S. 38-766.01 my election to return to work is irrevocable for the remainder of the employment for which I have made this election, and
2. I must make this acknowledgement in writing and file it with my employer within thirty (30) days of 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 should take you to the start site for E-Verify: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:
vis-dhs com/employerregistration/StartPage.aspx?JS=YESForm 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. An
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 hire date. Employees who do not provide the necessary documentation within three (3) business days must be discharged.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, including a charge or conviction that has been vacated, set aside or expunged:
A. Sexual abuse of a minor.
B. Incest.
C. First- or second-degree murder.
D. Kidnapping.
E. Arson.
F. Sexual assault.
G. Sexual exploitation of a minor.
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 to sell, transport, or distribute marijuana or dangerous or narcotic drugs.
K. Felony offenses involving the possession or use of marijuana, dangerous drugs, or narcotic drugs.
L. Misdemeanor offenses involving the possession or use of marijuana or dangerous drugs.
M. Burglary in the first degree.
N. Burglary in the second or third degree.
O. Aggravated or armed robbery.
P. Robbery.
Q. A dangerous crime against children as defined in A.R.S. 13-705.
R. Child abuse.
S. Sexual conduct with a minor.
T. Molestation of a child.
U. Manslaughter.
V. Aggravated assault.
W. Assault.
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:
A. Provide for fingerprinting of employees covered under this policy and A.R.S. 15-512.
B. Provide for fingerprint checks pursuant to A.R.S. 41-1750.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
13-705
15-183
15-503
15-512
15-534
15-782.02
15-1330
15-1881
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, including a charge or conviction that has been vacated, set aside or expunged:
|
_________________________________________ ______________________________
Employee signature Date signed
Subscribed, sworn to, and acknowledged before me by ______________________________
___________________________________, this ______ day of _____________, 20______,
in _______________________________ County, Arizona.
My Commission Expires
_____________________________ _________________________________________
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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
38-231
Substitute Professional
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:
A. Continued employment of any such person shall be subject to confirmation and approval by the Board at its next official meeting.
B. The employee shall be hired on a per diem basis and shall be compensated in accordance with the requirements and limitations of existing contracts that cover similar positions or employees.
C. In addition to the conditions set forth above, the temporary assignment of a person to a supervisory or administrative position shall be preceded by notification to the Board. The Superintendent will detail the circumstances that created the need for the part-time employment.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
The Superintendent will establish procedures for reporting the need for and arranging for professional staff substitutes.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.A.C.
R7-2-612
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 employee absence reporting systemsupervising 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.
"Job sharing" means the sharing of one (1) full-time position by two (2) employees, each working half (1/2) time. Requests for job sharing may be considered only if such sharing is in the best interests of the District and the students served and providing that no additional costs are incurred.
Each employee will receive one-half (1/2) the salary that would be received for full-time work. Benefits and credit for experience will be the same as for half-time employees, except as follows: One-half (1/2) of the District contribution toward employee medical and dental insurance will be provided to each job-sharing participant OR, if agreed upon by job sharing partners, one (1) job share partner may waive this benefit and the other may receive employee medical and dental insurance as provided to a regular full time employee. The cost of provision of insurance to the District will be no more than the cost for one (1) full time position. Decisions concerning supplemental positions, if any, will be made on an individual basis.
The implementation, continuation, alteration or termination of such arrangements are at the sole discretion of the District administration. The Superintendent will develop regulations and guidelines to administer this policy.
Adopted: date of Manual adoption
The Superintendent will establish a program to provide orientation for all new District employees. At a minimum, this program will cover the following items:
A. Goals, objectives, and programs of the District.
B. Personnel policies.
C. Sexual harassment.
D. Terms of employment.
E. General disciplinary rules and procedures.
F. Salary and fringe-benefit plans.
G. Self-improvement opportunities.
H. The evaluation program and name(s) of evaluator(s).
I. Handling of body fluids.
J. Child abuse reporting responsibilities.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-153
15-341
CROSS REF.:
IHAMD - Instruction and Training in Suicide Prevention
REGULATION
JOB SHARING IN
PROFESSIONAL STAFF POSITIONS
Consideration may be given to applications for "job-sharing" a 1.0 full-time equivalent (FTE) teaching position. Generally, each job-share participant must work a .5 FTE. In exceptional circumstances, the Superintendent may consider requests for job sharing with other FTE considerations.
Creation of Job-Sharing
Arrangements
Teachers interested in sharing a teaching position should submit a proposal through the principal to the Assistant Superintendent for Human Resources. No job sharing may occur without the approval of the building principal. The proposal must also be approved in regard to program and content area by the Director of Special Education (for special education assignments) or the Executive Director for Curriculum and Instruction (all other subject/program areas).
The proposal must be submitted to the Assistant Superintendent for Human Resources by March 15 of the school year prior to the year the position is to be shared, and shall include the following:
A. Rationale for request.
B. Benefits to be derived.
C. Information regarding the compatibility of the partners in regard to philosophy, classroom management, classroom organization, teaching style and technique, instructional strategies, parent communications, recordkeeping and grading.
D. Logistical considerations.
E. Work schedule, including staff meetings, in-service training, preparation days before the opening of school, and parent-teacher conferences.
Employees interested in job sharing must find their own compatible partners. Compatible personalities are an extremely important consideration. Partners must be dedicated to making the concept work, as opposed to merely desiring to work part time. The job-sharing partners assume all responsibility for maintaining a positive working relationship between the team members.
Voidance
If one (1) partner in an approved job-share contract is unable to fulfill the terms of the contract, and an appropriate alternate is not found for the remaining partner and approved by the principal, the remaining partner shall be responsible for fulfilling the entire contract by returning to full-time teaching.
Termination of Job-Sharing
Arrangements
The administration may, at its discretion, terminate a job-sharing arrangement that is determined not to be in the best interest of the District and the students. Upon termination of such arrangement, the job assignment may be reassigned to one (1) of the original partners or to a third party selected by the administration.
The District assumes no responsibility for making adjustments or the job-sharing arrangement necessitated due to partner incompatibility or difficulties encountered by one (1) or more of the partners in meeting the terms of the agreement. A job-sharing arrangement may not be terminated during the school year unless such termination is determined by the administration to be in the best interest of the District.
Teacher Employment Status
If the teacher proposing to enter a job-sharing arrangement is a "noncontinuing teacher," as defined in A.R.S. 15-501, acceptance of an employment contract under a job-sharing arrangement will constitute a break in full-time teaching employment necessary to achieve continuing teacher status. A "continuing teacher" entering into a job-sharing arrangement will retain status as a continuing teacher.
Teachers retiring from District employment and wishing to job share a position after retirement must follow all employment application procedures similar to a new hire since retirees must sever employment with the District prior to entering the Arizona State Retirement System. Retired employees do not have continuing status.
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.
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<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-342
CROSS REF.:
IHAMD - Instruction and Training in Suicide Prevention
Probationary teacher means a certificated teacher who is not a continuing teacher.
Continuing teacher means:
A. a certificated teacher who has been and is currently employed by the District for the major portion of three (3) consecutive school years, and;
B. who has not been designated in the lowest performance classification for the previous school year or who 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: date of Manual adoption<-- z2AdoptionDate -->
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
The Superintendent shall have the responsibility for the assignment of all 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<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-537
The times of the work day will be determined by the District administration and may vary during the year and between schools, within a single school, between grade levels, and different programs. The teacher understands and agrees that there may be occasions requiring the teacher's presence outside of the regular duty hours and the teacher will be present and perform any assigned duties, such duties being part of the teacher's obligations under the teacher's employment contract.
All professional staff members shall 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 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. Family 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. Duty Extra duty assignments will be made by the Superintendent through the principal.
Delay in opening or emergency closing. If an emergency or other circumstance as determined and declared by the Governing Board or authorized designee:
A. delays the opening or requires the closing of the schools, the period of time covered by the employment contracts shall be extended so as to maintain open schools for the number of days required by the employment contracts without alteration of consideration;
B. requires rescheduling of holiday periods during the school year, the Governing Boards may do so provided that any such change is consistent with the number of days required by the employment contracts.
Adopted: date of Manual adoptionAdopted: <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-341
CROSS REF.:
GCMF - Professional Staff Duties and Responsibilities
JLIA - Supervision of Students
REGULATION
PROFESSIONAL STAFF ASSIGNMENTS
AND TRANSFERS
Assignment and transfer procedures are as follows.
Voluntary Reassignment
Definitions:
A. Reassignment. Movement of a teacher to another grade level or academic subject area within a school or movement within a department.
B. Voluntary movement. The reassignment is requested by the teacher.
C. Vacancy. Any unfilled teaching position.
Procedure for informing staff of vacancies:
The site administrator shall notify staff of tentative needs within departments and/or grade levels for the following year.
Procedure for handling voluntary reassignment:
A. When filling existing vacancies, the administrator will consider requests for voluntary reassignment.
B. The requests shall be submitted to the administrator in writing.
C. All District, state, and federally mandated programs and regulations will be satisfied during a voluntary reassignment.
D. By May 15 of each school year, the building principal shall inform staff members of their tentative teaching and room assignments for the ensuing year.
E. If the reassignment takes place after the beginning of the school year, the teacher will be given one day of instruction-free time to prepare for the new assignment.
F. When reassignment necessitates a room change, the District shall provide the teacher with assistance in moving teaching materials to the new location, if the teacher makes such request in writing.
Involuntary Reassignment
Definitions:
A. Reassignment. Movement of a teacher to another grade level or academic subject area within a school, or movement within a department.
B. Involuntary reassignment. The reassignment request is initiated by the administration. Involuntary reassignment may be required when these things occur: (1) an unfilled teacher position, (2) an increase in grade-level student enrollment, (3) a decrease in grade-level student enrollment, (4) program changes, or (5) as the Superintendent determines is otherwise in the best interest of the District.
Procedure for handling involuntary reassignments:
A. When no voluntary transfer or reassignment can be affected, the procedure for involuntary reassignment will be initiated.
B. All District, state, and federally mandated programs and regulations will be satisfied during an involuntary reassignment.
C. Whenever possible, teachers shall be involuntarily reassigned within two (2) grade levels contiguous to their present grade levels.
D. By May 15 of each school year, the building principal shall inform staff members of their tentative teaching and room assignments for the ensuing year.
E. If a teacher is to be involuntarily reassigned during the summer, the administrator will notify Human Resources and the teacher in writing.
F. If the involuntary reassignment takes place after the beginning of the school year, the teacher will be given one (1) day of instruction-free time to prepare for the new assignments.
G. When an involuntary reassignment necessitates a room change, the District shall provide the teacher with assistance in moving teaching materials to the new location, if the teacher makes such request in writing.
Voluntary Transfer
Definitions:
A. Transfer: The movement of a teacher from one school or department to another.
B. Voluntary transfer. A voluntary transfer is one initiated by a teacher.
C. Vacancy. Any unfilled teaching position.
Procedure for posting of vacancy notices. The Human Resources Department shall post by April 1 a tentative list of teaching positions needed within departments and/or grade levels for the following year.
Procedure for handling voluntary transfers:
A. Site administrators will review transfer requests.
B. A teacher who wishes to be placed in a vacant position similar to the current one will be given the opportunity to apply for such transfer or reassignment.
C. In all cases, qualifications of employees and the needs of the instructional program will be considered in final placement decisions.
D. After considering all voluntary assignment requests, all qualified employees who meet the needs of the instructional program are identified, the priority for filling positions will be as follows:
1. Involuntary transfer.
2. Leaves.
3. Reduction-in-Force (RIF) list.
4. New hires. (The administration will make every effort to involve teachers in the screening, interviewing, and recommendation for hiring process for new teachers.)
Involuntary Transfers
Definition:
Involuntary transfer. The movement of a teacher from one school or department to another that is initiated by the administrator. The Superintendent shall determine when a transfer is in the best interest of the District.
Procedure for handling involuntary transfers:
A. When no voluntary transfer or reassignment can be affected, the procedures for involuntary transfer will be initiated.
B. When an involuntary transfer is necessary, a teacher's certification/endorsement and seniority will be used in determining which teacher will be transferred.
C. All federally and state-mandated programs and regulations will be satisfied during an involuntary transfer.
D. After satisfying the above certification/endorsement requirements, the teacher with the least seniority at the school will be transferred. Whenever possible, teachers will be involuntarily transferred within two (2) grades contiguous to their present grades.
E. Seniority shall not be a determinant when a transfer is necessitated for reasons other than reduction in force.
F. Seniority will be determined in accordance with the District's Policy GCQA (Reduction in Force for Professional Staff). Seniority will be:
1. Maintained when time is lost because of an occupation-related accident.
2. Maintained and will accrue when the employee is using accrued sick leave or long-term disability leave in the academic year during which the long-term disability leave is granted.
3. Maintained and will accrue during periods of RIF if the employee is rehired in the academic year following the RIF action.
4. Maintained during leaves of absence, paid or unpaid, that are approved by the Board.
G. An involuntary transfer shall be made only after a meeting between the teacher involved and the building principal, at which time the teacher shall be notified of the reason for the involuntary transfer. The teacher may consult with the Assistant Superintendent for Human Resources.
H. During times of teacher inaccessibility, a registered letter shall be sent informing the teacher of pending transfer.
Advance notice of proposed transfers
and assistance in moving materials:
A. When an involuntary transfer occurs over the summer, the Human Resources Department will notify the teacher in writing of the new assignment.
B. The teacher will be advised to contact the school principal for grade level and room assignment.
C. If a teacher is transferred from one school site to another school site or is transferred/reassigned within the same school after the beginning of a school year, the teacher shall be provided at least one (1) day of instruction-free time to be utilized in preparation for the new assignment.
D. In both of the above instances, the District shall provide the teacher with assistance in moving materials to the new location, if the teacher makes such request in writing.
Procedure to be utilized when a school
is closed, opened, or reorganized:
A. When a school/program is to be closed, opened, or reorganized, the teachers at that school may request voluntary transfer or reassignment in accordance with the District policy for voluntary transfer and reassignment.
B. If the teachers at a school to be closed, opened, or reorganized do not request voluntary transfer or reassignment, then the procedures for involuntary transfer or reassignment will be followed.
Review and Revision of Transfer/Reassignment
Procedures and Complaints
Review and revision of transfer/reassignment procedures may be recommended to the Superintendent by the administration or the recognized bargaining agent.
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 other administrators, 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 , departmental or departmental staff meetings, and other meetings as necessary.
Adopted: date of Manual adoption. 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 school principals.
Adopted: <-- z2AdoptionDate -->
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:
A. Make student learning the primary focus of the teacher's professional time.
B. Hold students to strict account for disorderly conduct.
C. Exercise supervision over students on the playgrounds and during recess if assigned to such duty.
D. Take and maintain daily classroom attendance.
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 in high school. Such decisions may be overturned only as provided in A.R.S. 15-342.
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: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-153
15-203
15-341
15-342
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 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 a person who holds a certificate from the State Board of Education to work in the schools of this state and who is employed under contract in a position that requires certification, except a psychologist or an administrator devoting at least fifty percent (50%) of the person’s time to classroom teaching.
B. Inadequacy of classroom performance means the definition of inadequacy of classroom performance adopted by the Governing Board.
C. Performance classifications means the four (4) performance classifications for teachers and principals adopted by the Governing Board.
D. Qualified evaluator means a school principal or other person who is trained to evaluate teachers and who is designated by the Governing Board to evaluate certificated teachers.
Evaluation of Classroom Teachers
and Other Certificated Non-
administrative Staff Members
The District teacher performance evaluation system shall do the following:
A. Be designed to improve teacher performance and improve student achievement;
B. Include quantitative data of on the academic progress for all students, which shall account for between twenty percent (20%) and thirty-three percent (33%) of the evaluation outcomes;
C. Include four (4) performance classifications, designated as highly effective, effective, developing, and ineffective;
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 Governing Board will discuss at a public meeting its aggregate performance classifications of principals and teachers.
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:
A. It will meet the requirements prescribed in statute and provide at least one (1) evaluation of each certificated teacher by a qualified evaluator each school year or as provided in Section I.
B. A copy of the evaluation system shall be given to each teacher in the District.
C. Specific training requirements for qualified evaluators, approved by the Board, will be included which may involve local or national educator training resources recommended by the Superintendent.
D. The Superintendent will recommend qualified evaluators to the Board prior to naming evaluators.
E. The Board will designate qualified evaluators.
F. Best practices for professional development and evaluator training adopted by the State Board of Education will be considered.
G. The system will include incentives for teachers in the highest performance classification.
H. The system will include a plan for the appropriate use of quantitative data of student academic progress 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.
I. The District may use an alternative performance evaluation cycle subject to the following:
1. The Governing Board shall adopt policies for an expedited performance review during the years in which a teacher is not undergoing a formal performance evaluation. The expedited performance review policies may classify teacher performance in categories that include teamwork and support for lower-performing teachers.
2. The Governing Board shall allow only teachers who have been evaluated and designated in the highest performance classification for at least three (3) consecutive years by the same school to participate in the alternative performance evaluation cycle.
3. If an expedited performance review under this subsection determines that the teacher is not in the highest performance classification, the teacher shall be removed from the alternative performance evaluation cycle and be reviewed on the established evaluation system.
The Governing Board 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.
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.
Inadequacy of Classroom Performance
A teacher's classroom performance is inadequate if:
A. the teacher receives a rating of "ineffective" in any of the five (5) Domains on any observation; or
B. the teacher receives a rating of "ineffective" with respect to the District's evaluation instrument as a whole; or
C. during each year of two (2) consecutive school years, the certificated teacher receives a rating of "ineffective" or "developing" rating with respect to the evaluation instrument as a whole.
================================================================
The District teacher evaluation will address the following items (to be inserted in this location BEFORE 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:
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.
Evaluation of Principals,
other Administrators
and Psychologists
The Board authorizes the Superintendent to establish a system for the evaluation of principals, other administrators, and certificated school psychologists. Advice will be sought from those to be evaluated in the development of the performance evaluation system for each of these employee classifications.
Evaluation of Principals
The Governing Board shall adopt policies that:
A. are designed to improve principal performance and improve student achievement.
B. include the use of quantitative data on the academic progress for all students, which shall account for between twenty percent (20%) and thirty-three percent (33%) of the evaluation outcomes.
C. include four (4) performance classifications, designated as highly effective, effective, developing and ineffective.
D. describe both of the following:
1. the methods used to evaluate the performance of principals, including the data used to measure student performance and job effectiveness.
2. the formula used to determine evaluation outcomes.
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.
Subject to statutory limitations, the Board shall make available the evaluation and performance classification pursuant to A.R.S. 15-203 of each principal in the 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:
A. Recommendations as to areas of improvement in the performance of the certificated school psychologist if the performance warrants improvement.
B. After transmittal of an assessment, a Board designee shall confer with the certificated school psychologist to make specific recommendations as to areas of improvement in performance.
C. The Board designee shall provide assistance and opportunities for the certificated school psychologist to improve his performance and shall follow up after a reasonable period of time for the purpose of ascertaining that adequate performance is being demonstrated.
D. Appeal procedures for certificated school psychologists who disagree with the evaluation of their performance, 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: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-153
15-203
15-502
15-503
15-512
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.:
GBEB - Staff Conduct
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
The Superintendent will fill positions of increased responsibility with the best available candidates. Candidates may will be considered both from within and from outside the District.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
The 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:
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<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-502
15-503
15-544
A.G.O.
I78-286
CROSS REF.:
GCB - Professional Staff Contracts and Compensation
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 may shall be subject to the penalty as provided under Arizona statutes and State Board of Education regulations.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
Retirement Incentive Program
)
The Teacher Longevity Program retirement incentive program is intended to provide teachers a school employee with the opportunity to receive an incremental increase in salary during the final two (2) years year of employment in exchange for additional days worked and the voluntary release, by the employee, of tenure rights or employee benefits benefit rights accrued during such employment.
A teacher with twenty (20) or more years of service in the District may work for up to twenty (20) extra contract days at per diem rate for two (2) years. The purpose is to utilize teachers with relevant experiences and expertise to assist in curriculum planning, teaching and program development during the summer months or intersession breaks. This incentive is not related to any age restriction; only to years of experience in the Glendale Elementary School District.
Each eligible teacher shall commit to a two (2) year agreement by January 15 of the year in which they will begin the Longevity Incentive Plan. Employees must complete the application for Teacher Longevity Incentive Plan and submit the form to human resources. The employee shall be notified of acceptance into the plan once the Governing Board has approved the budget for the following year. At the time of acceptance into the Teacher Longevity Program, the teacher shall submit an irrevocable letter of the teacher's intent to retire at the end of the two (2) year period.
Enrollment in this plan will be limited to thirteen (13) teachers each year, based on seniority and subject to sufficient funds in the District's budget. Additional teachers will be eligible to participate in the plan if District funds allow. The additional teachers selected for participation will be determined on a priority basis with the years of service in the District being the determining factor.
Adopted: date of Manual adoptionSuch 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: <-- z2AdoptionDate -->
Categories of Misconduct
Certificated staff members may be disciplined for infractions that include, but are not limited to, the following categories:
A. Engaging in unprofessional conduct.
B. Committing fraud in securing appointment.
C. Exhibiting incompetency in their work.
D. Exhibiting inefficiency in their work.
E. Exhibiting improper attitudes.
F. Neglecting their duties.
G. Engaging in acts of insubordination.
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.
K. Engaging in the illicit use of narcotics or habit-forming drugs.
L. Being absent without authorized leave.
M. Engaging in discourteous treatment of the public.
N. Engaging in improper political activity.
O. Engaging in willful disobedience.
P. Being involved in misuse or unauthorized use of school property.
Q. Being involved in excessive absenteeism.
R. Carrying or possessing a weapon on school grounds unless they are peace officers or have obtained 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:
A. May not be suspended with or without pay for a period exceeding ten (10) school days under A.R.S. 15-341.
B. May be suspended without pay for a period of time greater than ten (10) school days or dismissed under A.R.S. 15-539.
C. Shall be disciplined under procedures that provide for notice, hearing, and appeal, subject to the requirements of A.R.S. 15-341 or A.R.S. 15-539, whichever is appropriate.
D. Shall, if disciplined under A.R.S. 15-539 or other applicable statutes, excluding A.R.S. 15-341, receive notice in writing served upon the certificated staff member personally or by United States registered or certified mail addressed to the employee's last-known address. A copy of charges specifying instances of behavior and the acts of omissions constituting the charge(s), together with a copy of all applicable statutes, shall be attached to the notice.
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 (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 request for a hearing shall be filed with the Board within ten (10) days after service of notice. The filing of a timely request shall suspend the imposition of a suspension without pay or a 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 informal consultation with a certificated employee to discuss matters of concern related to the employee's performance, conduct, et cetera; however, when it is apparent that disciplinary action toward a 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 of a certificated staff member is authorized to impose a penalty or penalties, short of dismissal. 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 may do so by any means reasonably calculated to give the recipient actual knowledge of the notice within a reasonable amount of time. When time is calculated from the date a notice is received, the notice is deemed to be received on the date it is hand delivered or three (3) calendar days after it is placed in the mail.
D. Administrative discretion. In adopting these policies and procedures, it is the intention of the District that they be interpreted and applied in a reasonable fashion. The policies and regulations are not intended to restrict or eliminate the discretion traditionally afforded to supervising administrators to determine whether discipline is appropriate. Supervising administrators are therefore directed to continue to use reasonable discretion 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 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 office is open for business.
G. Additional reasons for discipline. A certificated staff member may be disciplined for conduct that has occurred but that, at or near the time of misconduct, was not the subject of or identified as a reason for a 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:
A. Upon the supervising administrator's determination of the existence of cause to impose discipline, the supervising administrator shall notify the certificated staff member of intent to impose discipline. The notice shall be in writing and shall be delivered in person or by first-class mail. The notice shall include the following:
1. The conduct or omission on the part of the certificated staff member that constitutes the reason for discipline.
2. A scheduled meeting time between the supervising administrator and the certificated staff member. Such meeting shall be scheduled not more than ten (10) working days after the date the certificated staff member receives the notice.
3. A statement of the disciplinary action the supervising administrator intends to impose, including, if applicable, the number of days of suspension with or without pay.
4. Copies of any available relevant documentation, at the discretion of the supervising administrator.
Step 2 - Discipline Hearing:
A. At the hearing, the supervising administrator shall discuss with the certificated staff member the conduct that warrants disciplinary action and shall provide the certificated staff member with any appropriate evidence and a copy of relevant documentation if not previously provided.
B. The supervising administrator shall conduct the hearing in an informal manner, without adherence to the 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 writing, inform the certificated staff member of the decision. If the decision is to impose discipline, written notice of the discipline shall be enclosed. The written notice of the decision shall state that a copy of the notice, decision, and a record of the disciplinary action shall be placed in the certificated staff member's personnel file and shall specify the date the discipline shall be imposed unless the certificated staff member files a written request for appeal within five (5) working days after the decision is delivered to the certificated staff member. If the certificated staff member requests an appeal of the decision, the imposition of 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 or the Superintendent. Only when the discipline is determined by the Superintendent shall the appeal be to the Board, which, at its discretion, may appoint a hearing officer. The appeal shall contain a brief statement of the reasons why the certificated staff member believes the administrator's decision is incorrect. Appeal is limited to one (1) organizational level above the level of the supervising administrator who imposed the discipline.
The appeal shall specifically describe the part of the determination with which the certificated staff member disagrees:
A. Determination was founded upon error of construction or application of any pertinent regulations or policies.
B. Determination was unsupported by any evidence as disclosed by the entire record.
C. Determination was materially affected by unlawful procedure.
D. Determination was based on violation of any statutory or constitutional right.
E. Determination was arbitrary and capricious.
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:
A. The certificated staff member evaluation procedure or the resulting evaluations as they pertain to the adequacy of the certificated staff member's classroom performance.
B. Letters or memorandums directed to a certificated staff member containing directives or instructions for future conduct.
C. Counseling of a certificated staff member concerning expectations of future conduct.
D. Nonrenewal of a contract of a certificated staff member employed by the District for less than the 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:
A. The Governing Board, except as otherwise provided by A.R.S. 15-539, shall upon receipt of a 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 Board's intention to suspend without pay or dismiss the teacher at the expiration of ten (10) days from the date of service of the notice.
1. If charges presented to the Board for dismissal of a certificated person allege immoral conduct, the charge or a resignation involving such charges shall be reported to the Department of Education.
2. Whenever the statement of charges by the Superintendent allege immoral or unprofessional conduct as the cause for dismissal, the Board may adopt a resolution to file a complaint with the State Department of Education. Pending disciplinary action by the State Board, the certificated teacher may be reassigned by the Superintendent or the Governing Board may place the teacher on administrative leave and give notice to the teacher of the administrative leave of absence pursuant to A.R.S. 15-540.
3. As used in this policy, immoral conduct means any conduct that is contrary to the moral standards of the community and that reflects an unfitness to perform the duties assigned to the certificated staff member.
B. The Governing Board, upon adoption of a written statement charging a certificated teacher with cause for suspension without pay or dismissal, may immediately place the teacher on administrative leave of absence and give the teacher notice of the administrative leave of absence.
C. Written notice of the administrative leave of absence shall be served on the teacher personally or by United States registered mail addressed to the teacher at the teacher's last known address.
Step 2 – Hearing for Suspension Without
Pay or Dismissal:
A. The Governing Board shall decide whether to hold a hearing on the dismissal or suspension of a 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, that all hearings conducted pursuant to this section shall be conducted before a hearing officer.
B. If the Governing Board decides not to hold a hearing, the Board shall designate a hearing officer to:
1. hold the hearing,
2. hear the evidence,
3. prepare a record of the hearing, and
4. issue a recommendation to the Board for action.
C. If the parties cannot mutually agree on a hearing officer, a hearing officer shall be selected by the Governing Board from a list provided by the State Department of Education or the American Arbitration Association.
D. A hearing held pursuant to A.R.S. 15-541 may not be conducted by any hearing officer having a personal interest which would conflict with the hearing officer's objectivity in the hearing.
E. The hearing shall be held:
1. not less than fifteen (15) days, nor
2. not more than thirty (30) days.
3. after the request is filed, unless all parties to the hearing mutually agree to a different hearing date.
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 of the hearing.
G. The teacher may request that the hearing be conducted in public or private.
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 or statements, either oral or in writing, in the teacher's behalf.
J. An official record of the hearing, including all testimony recorded manually or by mechanical device, and exhibits shall be prepared by the Governing Board or the hearing officer.
K. The teacher who is the subject of the hearing may not request that the testimony be transcribed unless the teacher agrees in writing to pay the actual cost of the transcription.
L. Within ten (10) days after a hearing conducted by the Governing Board the Board shall:
1. determine whether there existed good and just cause for the notice of dismissal or suspension, and
2. affirm or withdraw the notice of dismissal or suspension.
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.
N. Parties to the hearing have the right to object to the findings of the hearing officer and present oral and written arguments to the Governing Board.
O. The Governing Board has an additional ten (10) days to determine whether good and just cause existed for the notice of dismissal or suspension and shall render its decision accordingly, either affirming or 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 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.
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<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
13-2911
15-153
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:
A. Prevent the employee from performing assigned responsibilities in an effective manner.
B. Be prejudicial to proper effectiveness in the position or compromise the District.
C. Raise a question of conflict of interest - for example, where the employee's position in the District 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 Manual adoption<-- z2AdoptionDate -->
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:
A. School buildings are not to be used for private tutoring or classes for which students pay a fee to a staff member unless a rental contract has been entered into with the District.
B. A staff member is not permitted to provide tutoring for pay to any student who attends or is registered in any 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: date of Manual adoption<-- z2AdoptionDate -->
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
EXHIBIT
DISCIPLINE, SUSPENSION, AND DISMISSAL
OF PROFESSIONAL STAFF MEMBERS
Upon a written statement of charges presented by the Superintendent and/or adopted by the Board that cause exists to dismiss or suspend a teacher for more than ten (10) days without pay, due process, written charges, and a hearing, if requested, shall be provided in accord with A.R.S. 15-539 et seq. and relevant regulations.
If charges have been adopted by the Governing Board stating cause, a teacher may be placed on administrative leave by the Board, per A.R.S. 15-540.
When the Superintendent presents a statement of charges wherein the alleged cause for dismissal constitutes immoral conduct, the Governing Board may adopt a resolution authorizing filing of a complaint with the State Board of Education. Pending disciplinary action by the State Board of Education on a Governing Board complaint alleging immoral conduct, a teacher may be reassigned by the administrator or placed on administrative leave by the Board, per A.R.S. 15-540. When the Superintendent reasonably suspects or receives a reasonable allegation that an act of immoral or unprofessional conduct that would constitute grounds for dismissal or criminal charges by a certificated person has occurred, a report shall be made to the Department of Education by the Superintendent, per A.R.S. 15-514.
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.
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.
A. The Board authorizes the Superintendent to review material prepared by staff members prior to copyright or patent for subsequent publication or distribution, and to recommend waiving all or part of the Board's proprietary rights in favor of the employees preparing such materials.
B. Any staff member who submits professional materials for publication in which the District is mentioned will submit all such material to the Superintendent prior to release for publication, including materials developed on the employee's own time.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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 Manual adoption<-- z2AdoptionDate -->
The Superintendent will recommend extra-duty pay each year for 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: <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-502
29 U.S.C. 207, Fair Labor Standards Act
CROSS REF.:
GDL - Support Staff Workload
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 for any reason with without advance notice, as the Governing Board desires. 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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-502
A.A.C.
R7-2-601 et seq.
CROSS REF.:
GDQB - Resignation of Support Staff Members
(Salary SchedulesWages)
Initial Placement on
Salary Schedule
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.
Adopted: date of Manual adoptionAdvancement
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: <-- z2AdoptionDate -->
The 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: <-- z2AdoptionDate -->
LEGAL REF.:
A.G.O.
I91-027
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: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-502
REGULATION
SUPPORT 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 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 the appropriate documentation as defined in A.R.S. 23-373.
C. Data in the application shall include the expected date 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 need, as defined in A.R.S. 23-373, for sick leave.
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.
Vacation
All regular twelve (12) month support staff employees shall receive two (2) weeks [ten (10) working days] of paid vacation time after accumulate vacation with pay at the rate of one (1) working day per month during the first year of employment. Vacation time shall increase to a maximum of one (1) month [twenty (20) working days] after fifteen (15) years of service to the District, provided at the rate indicated in the chart below.
Number of Monthly Vacation
years employed credit hours leave in days
One (1) and two ( 2) Six & three-fourths (6 3/4) Ten (10)
Three (3) Seven & Thereafter, vacation shall be accumulated at the rate of one and one-fourth (7 1/4) Eleven (11)
Four (4) Eight (8) Twelve (12) Five (5) Eight & three-fourths (8 3/4) Thirteen (13)
Six (6) Nine & one-fourth (9 1/4) Fourteen (14)
Seven (7) through ten (10) Ten (10) Fifteen (15)
Eleven (11) Ten & three-fourths (10 3/4) Sixteen (16)
Twelve (12) Eleven & one-fourth (11 1/4) Seventeen (17)
Thirteen (13) Twelve (12) Eighteen (18)
Fourteen (14) Twelve & three-fourths (12-3/4) Nineteen (19)
Fifteen (15) and beyond Thirteen & one-fourth (13 1/4) Twenty (20)
Vacation Carryover
Unused vacation leave may accumulate to a maximum of forty (401/4) 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 forty fifteen (4015) days, an eligible employee may again accumulate vacation up to the maximum limit. Support staff employees are encouraged to use the vacation they earn each year so that it is not necessary to carry over vacation from one year to the next.
Holidays
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. Other holidays Uncompensated days off will be established by the Board and noted on each year's school calendar.
Staff members who are not exempt under the Fair Labor Standards Act (FLSA) must be present for work, or on approved paid leave, on the scheduled workday immediately preceding and immediately following a holiday in order to be eligible for holiday leave.
Adopted: date of Manual adoptionAdopted: <-- z2AdoptionDate -->
It shall be the policy of the District to employ and retain the best qualified personnel. This will be accomplished by considering 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:
A. There will be no discrimination in the hiring process due to race, color, religion, sex, age, national origin, sexual orientation, gender identity, or disability of an otherwise qualified individual.
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.
C. Each candidate shall be requested to complete a consent-and-release form regarding conduct of a background investigation.
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.
Information obtained about an employee or applicant for employment by the District in the performance of a background investigation, including any records indicating that a current or former employee of a school or school district was disciplined for violating policies of the School District Governing Board pursuant to A.R.S. 15-153, may be retained by that District and may be provided to any school district or other public school that is performing a background investigation.
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:
A. The District documents in the applicant's file the necessity for hiring and placing the applicant into service before a fingerprint check can be completed or a fingerprint clearance card is issued or denied.
B. The District obtains from the Department of Public Safety a statewide criminal records information check on the applicant. Subsequent criminal records checks are also required every one hundred twenty (120) days until the date that the fingerprint check is completed or the fingerprint clearance card is issued or denied.
C. The District obtains references from the applicant's current employer and two (2) most recent previous employers, except that for applicants who have been employed for at least five (5) years by the most recent employer, only references from that employer are required.
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). 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: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
13-3716
15-153
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)
EXHIBIT
SUPPORT STAFF HIRING
NOTICE OF EMPLOYMENT
You are hereby notified that, pursuant to action taken at a meeting of the ___________________ 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
REGULATION
SUPPORT STAFF HIRING
Definition
A background investigation 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:
A. Ascertain that the standard employment application for the type of position has been completed in full.
B. Obtain from the individual a consent to background investigation and release as determined by the District.
C. Make certain that the individual has identified at least one two (12) person from persons from each past employer who can verify basic job information and discuss the individual's work performance and reason for leaving.
D. Examine the application for a complete work history, accounting for any gaps in employment.
One Two (12) person should 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:
A. The name and identifying information of the District.
B. The name of the District representative making the inquiry and how the representative can be contacted.
C. The name of the former employee and period of employment as indicated by the individual whose background is being investigated.
D. The position for which the individual has applied, with descriptive information as to the duties, if requested or necessary to understanding of the inquiry.
The background investigator shall:
A. Ask the questions, and complete the background check form(s) as provided by the District.
B. Make impression notes as necessary based upon the questions and responses, and determine if there may be cause to contact others or make further inquiries based upon the responses.
C. Provide the information to the Superintendent.
EXHIBIT
SUPPORT STAFF HIRING
WAGE NOTICE
You are hereby notified that, pursuant to action taken at a meeting of the ___________________ 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
EXHIBIT
SUPPORT STAFF HIRING
CONSENT TO CONDUCT BACKGROUND
INVESTIGATION AND RELEASE
I, ______________________________________ [applicant's name], have applied for employment with the _________________________ 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 ______________
Address ______________________________________________________________
E-mail address ________________________________________________________
Relationship to applicant:
◻ Former employer - position _________________________________________
District, business, or other entity _____________________________________
◻ Personal reference
Method of contact: ◻ 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 ___________________________________________________________
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 address 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)
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:
A. Personnel who are required as a condition of licensing to be fingerprinted if the license is required for employment.
B. Personnel who were previously employed by the District and who reestablished employment with 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 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 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 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, including a charge or conviction that has been vacated, set aside or expunged:
A. Sexual abuse of a minor.
B. Incest.
C. First- or second-degree murder.
D. Kidnapping.
E. Arson.
F. Sexual assault.
G. Sexual exploitation of a minor.
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 to sell, transport, or distribute marijuana or dangerous or narcotic drugs.
K. Felony offenses involving the possession or use of marijuana, dangerous drugs, or narcotic drugs.
L. Misdemeanor offenses involving the possession or use of marijuana or dangerous drugs.
M. Burglary in the first degree.
N. Burglary in the second or third degree.
O. Aggravated or armed robbery.
P. Robbery.
Q. A dangerous crime against children as defined in A.R.S. 13-705.
R. Child abuse.
S. Sexual conduct with a minor.
T. Molestation of a child.
U. Manslaughter.
V. Aggravated assault.
W. Assault.
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:
A. Provide for fingerprinting of employees covered under this policy and A.R.S. 15-512.
B. Provide for fingerprint checks pursuant to A.R.S. 41-1750
C. Provide for properly assessing employees for fingerprint checks and depositing said funds with the county treasurer.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
13-705
15-106
15-512
15-534
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
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, including a charge or conviction that has been vacated, set aside or expunged:
|
_________________________________________ ______________________________
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 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:
A. Continued employment of any such person shall be subject to confirmation and approval by the Board at its next official meeting; however, employment shall not be recommended to the Board prior to satisfactory completion of any pending background fingerprint check.
B. The employee shall be hired on a per diem basis and shall be compensated in accordance with the requirements and limitations of existing contracts that cover similar positions or employees.
C. In addition to the conditions set forth above, the temporary assignment of a person to a supervisory or administrative position shall be preceded by notification to the Board. The Superintendent will detail the circumstances that created the need for the part-time employment.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-502
23-1361
CROSS REF.:
GDF - Support Staff Hiring
GDFA - Support Staff Qualifications and Requirements
(fingerprinting requirements)
Assignments
The Superintendent will determine all support staff assignments. Such assignments shall be based on the needs of the District.
Transfers
The transfer of support staff members will be based on the needs of the District. Assignments may be changed to serve the best interests of the District.
Staff members may apply for transfer or reassignment, whether or not a vacancy exists.
It shall be the policy of the Board that personnel be assigned on the basis of their qualifications, the needs of the District, and their expressed desires. When it is not possible to meet all three (3) conditions, personnel 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 expressed preference of the employees.
The Superintendent shall have the responsibility for the assignment of all personnel throughout the District.
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 within the same job classification and pay grade. Reassignment of an employee to a position of greater or lesser pay requires Board approval.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
All support staff employees shall 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.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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. When possible, employees 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. 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.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
23-391
Arizona Constitution, Article 18, Section 1
29 U.S.C. 207, Fair Labor Standards Act
29 C.F.R. 516 et seq., Fair Labor Standards Act
CROSS REF.:
GDBC - Support Staff Supplementary Pay/Overtime
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 Manual adoption<-- z2AdoptionDate -->
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 Manual adoption<-- z2AdoptionDate -->
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 Manual adoption<-- z2AdoptionDate -->
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.
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<-- z2AdoptionDate -->
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 _____________
In the event the Board decides to release support staff members, the following guidelines will be in effect:
A. Normal attrition due to terminations will be relied upon as the first means of reducing the staff.
B. If attrition does not accomplish the required reduction in the staff, 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 of staff members to accomplish the District's program.
2. Overall experience, training, and ability.
3. Past contributions to the program of the District.
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 released shall be notified of such release as soon as practical.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
23-352
23-353
CROSS REF.:
GDL - Support Staff Workload
(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 |
|
E. Discourteous treatment of the |
N. Unauthorized use of school |
|
F. Dishonesty |
O. Unlawful conduct |
|
G. Excessive absenteeism |
P. Use of illegal drugs |
|
H. Fraud in securing |
Q. Violation of a directive of a |
|
I. Improper attitude |
R. Violation of a District policy or |
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<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
13-2911
15-153
15-341
15-502
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:
A. Prevent the employee from performing assigned responsibilities in an effective manner.
B. Be prejudicial to proper effectiveness in the position or compromise the District.
C. Raise a question of conflict of interest - for example, where the employee's position in the District 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 Manual adoption<-- z2AdoptionDate -->
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
Professional Relations
A professional relationship exists between the Governing Board and the District's employees. The Governing Board recognizes that educators are professionals, they have specialized qualifications, and their recommendations for policy development are important to the academic success of students.
In order to promote a process that takes into account the experience and judgment of all parties sharing responsibility for learning within the Glendale Elementary School District, the Superintendent is authorized to establish a Meet and Confer committee of recognized non administrative certified personnel representatives, and recognized non administrative classified personnel representatives to meet with selected administrators acting on behalf of the Governing Board and participate in a negotiation process for the purpose of improving matters of mutual interest; employee salaries, fringe benefits, and working conditions.
Meet and Confer Committee
The Governing Board approves the Glendale Education Association (GEA) as the recognized representative for non administrative certified and non administrative classified staff.
The Governing Board and GEA agree that the educational welfare of the children of the District is paramount in the operation of the schools.
The Glendale Education Association (GEA) will select a team comprised of five (5) association members. The team will designate one (1) of the five (5) members as a spokesperson.
The Superintendent will appoint a five (5) member committee to represent him/herself during the negotiation process. The Superintendent shall select the spokesperson.
Meet and Confer Procedures
Interest-Based Negotiations
Both parties agree to meet and confer in good faith. The obligation of good faith does not compel either party to agree to or to make a concession on a specific issue.
Meet and confer shall be open to anyone for observation only.
The meet and confer process will use an interest based approach resulting in consensus on issues related to employee salaries, fringe benefits, and working conditions.
The first meeting will be held by November 1 with the intent to establish a calendar of meeting dates and discussion guidelines. Negotiation meetings will be held from December 1 through March 30. Members of the teams shall meet to determine the procedures and ground rules for the meetings. These are to include
A. Meeting days/dates,
B. Meeting times/places,
C. Meeting length,
D. Caucus length,
E. Agenda building
F. Determine consensus
G. Process for recording minutes.
Caucus may be declared at any time and each team shall have access to a telephone in a private area.
Tentative agreement of individual items reached during meet and confer shall be reduced to writing, dated, and signed by both teams' representative spokespersons.
Within thirteen (13) working days after reaching tentative agreement on all items, the package will be submitted to all employees and the Governing Board for their respective examination, followed by ratification or rejection by GEA and the Governing Board. In the event that the appointed teams are unable to reach a tentative agreement on all items by March 30, the Superintendent and GEA President may be asked to act as mediators in an attempt to reach an agreement on all items.
The meet and confer process will result in a written, negotiated agreement. All negotiated agreements shall be available online as a staff resource.
If the parties agree to items during the meet and confer process that would require a change to existing Governing Board policy, such shall be submitted to the Governing Board for consideration. Nothing in the process shall abridge the Governing Board's legal responsibilities for establishing policies, rules, and regulations. Under law, the Governing Board has the final responsibility for establishing policies for the District.
Adopted: date of Manual adoption
REGULATION
MEET - AND - CONFER STYLES,
METHODS, AND PROCEDURES
Interest-Based Negotiations
Committee
Membership on the Interest-Based Negotiation (IBN) Committee is limited in order to facilitate collaborative discussions and a functional team. The Committee will be comprised of the following members:
A. Five (5) members selected by the Glendale Education Association (GEA).
B. Five (5) members selected by the Superintendent.
Interest-Based Negotiations
Process
Facilitator
An external consultant may be employed to serve as the facilitator of the IBN process.
Parameters
The scope of the Interest-Based Negotiations process is to discuss salary and benefits for employees. The following issues are open for discussion:
A. Salaries
B. Sick Leave
C. Sick Leave Buy-Back
D. Early Retirement
E. Vacation Leave
F. Longevity Incentives
G. Personal Leave
H. Salary Credit for Professional Growth
I. Benefits - Life Insurance, Health Insurance, Dental and Disability Insurance
Timelines
The Interest-Based Negotiations Process will commence annually no later than December 1. A meeting schedule will be established annually. The committee process will be concluded annually by the March regular Governing Board meeting, but no later than March 30.
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 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:
A. 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<-- z2AdoptionDate -->
CROSS REF.:
AD - Educational Philosophy/School District Mission
IJNDB - Use of Technology Resources in Instruction
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 Manual adoption<-- z2AdoptionDate -->
The school year shall be not less than one hundred eighty (180) instructional days or an equivalent number of minutes of instruction per school year based on a different number of days of instruction approved by the Governing Board.
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 Manual adoption<-- z2AdoptionDate -->
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 Manual adoption<-- z2AdoptionDate -->
The instructional program shall be divided into three (3) levels:
A. Elementary school, which shall include grades prekindergarten (PK) through six (6).
B. Junior high school, which shall include grades seven (7) and eight (8).
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 eight twelve (812) instructional program.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-203
15-341
15-701
15-701.01
15-721
15-722
The Governing Board is aware of the need for continuing change and innovation in educational programs and encourages the innovative and creative involvement of the teachers and administrative staff in meaningful and effective programs that will be beneficial to students, the school, the District, and the overall educational process.
All pilot programs must have prior approval from the assistant superintendent for instruction.
The Governing Board requires that all pilot programs be evaluated to measure the effectiveness of the programs. Pilot programs, projects, or courses will be discontinued, changed, or continued on the basis of such appropriate evaluation. Reports of pilot programs will be presented to the Board for information.
Adopted: date of Manual adoption
LEGAL REF.:
A.R.S.
15-341
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:
A. Promote the overthrow of the United States government.
B. Promote resentment toward a race or class of people.
C. Are designed primarily for students of a particular ethnic group.
D. Advocate ethnic solidarity instead of treatment of students as individuals.
The above restrictions are not to be construed to restrict or prohibit:
A. Courses or classes for Native American pupils that are required to comply with federal law.
B. Grouping of students according to academic performance, including capability in the English language, that may result in a disparate impact by ethnicity.
C. Courses or classes that include the history of any ethnic group and that are open to all students, unless the course or class is in violation of an above cited course or class restriction.
D. Courses or classes that include the discussion of controversial aspects of history.
E. Instruction about the Holocaust, any other instance of genocide, or the historical oppression of a particular 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: date of Manual adoption<-- z2AdoptionDate -->
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 Manual adoption<-- z2AdoptionDate -->
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 instructional program will ensure that on or before July 1, 2021, at least one (1) kindergarten through third (K-3) grade teacher in each school has received training related to dyslexia that complies with the requirements prescribed in A.R.S. 15-219 and A.R.S. 15-501.01 which includes enabling teachers to understand and recognize dyslexia and to implement structured literacy instruction that is systematic, explicit, multisensory and evidence-based to meet the educational needs of students with dyslexia.
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:
A. Language arts - reading, spelling, handwriting, English grammar, composition, literature, and study skills.
B. Mathematics experiences.
C. Social studies - history including Native American history, geography, civics, economics, world cultures, political science, and other social science disciplines.
D. Science experiences.
E. Fine and practical arts experience - art education, vocal and instrumental music, and vocational/business education.
F. Technology skills.
G. Health and safety education.
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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-203
15-211
15-219
15-341
15-501.01
15-701
15-701.01
15-704
15-710
15-741.01
15-802
A.A.C.
R7-2-301 et seq.
CROSS REF.:
IJNDB - Use of Technology Resources in Instruction
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: date of Manual adoption<-- z2AdoptionDate -->
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 February 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 proficient language (FEPFEL) 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.
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: <-- z2AdoptionDate -->
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, 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:
A. To create an awareness of the total drug problem: prevention; education; treatment; rehabilitation; and law enforcement on the local, state, national, and international levels.
B. To inform the students of the effect on the body of narcotics, sedatives, hallucinogens, and stimulants through the appropriate classes.
C. To relate the use of drugs and alcohol to physical, mental, social, and emotional consequences.
D. To encourage the individual to adopt an appropriate attitude toward pain, stress, and discomfort.
E. To understand the need for seeking professional advice in dealing with problems related to physical and mental health.
F. To understand the personal, social, and economic problems caused by the misuse of drugs and alcohol.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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:
A. Instruction in sex education may be offered in the District in conformity with the requirements of Arizona law.
B. Prior to offering sex education, the Board shall establish an ad hoc advisory committee with membership representative of the District's size and the racial and ethnic composition of the community to assist in the development of lessons and advise the Board on an ongoing basis.
C. The Board shall review the total instructional materials for lessons presented for approval.
D. The Board shall publicize and hold at least two (2) public hearings for the purpose of receiving public input at least one (1) week prior to the Board meeting at which sex education lessons will be considered for approval.
E. The Board shall maintain for viewing by the public the total instructional materials to be used in approved sex education lessons within the District.
F. The Superintendent shall, before recommending the offering of instruction in sex education, develop and implement regulations that meet the requirements of Arizona regulatory and statutory law.
G. If sex education is offered in grades seven (7) and eight (8) the curricula shall include instruction on the laws relating to sexual conduct with a minor.
Grades 9-12:
A. Instruction in sex education may be offered in the District in conformity with the requirements of Arizona law.
B. The Governing Board shall review the total instructional materials and approve all lessons in the course of study to be offered in sex education.
C. The Board shall maintain for viewing by the public the total instructional materials to be used in all high school sex education courses to be offered.
D. If sex education is offered, the curricula shall include instruction on the laws relating to sexual conduct with a 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: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-115
15-341
15-711
15-716
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 to the health course of study.
1. Such supplement may be taken by the student only upon the written request of the student's parent or guardian.
2. Alternative elective lessons from the state-adopted optional subjects shall be provided for students who do not enroll in elective sex education.
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 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 five (5) through eight (8).
B. Governing Board approval. All elective sex education lessons to be offered must have prior approval from the Governing Board.
C. Format of instruction:
1. Lessons shall be taught to boys and girls separately.
2. Lessons shall be ungraded and shall require no homework; any evaluation administered for the purpose of self-analysis shall not be retained or recorded by the school or the teacher in any form.
3. Lessons shall not include tests, psychological inventories, surveys, or examinations containing any questions about personal beliefs or practices in sex, family life, morality, values, or religion on the part of students or their parents.
4. Lessons for grades seven (7) and eight (8) shall include instruction on the laws relating to sexual conduct with a minor.
Grades 9 - 12:
A. A course in sex education may be provided in the high schools of Arizona.
B. Lessons shall not include tests, psychological inventories, surveys, or examinations containing any questions about personal beliefs or practices in sex, family life, morality, values, or religion on the part of students or their parents.
Content of instruction (Grades K - 812):
A. All sex education materials and instruction shall be age appropriate, shall recognize the needs of exceptional students, shall meet the needs of the District, shall recognize local community standards and sensitivities, shall not include the teaching of abnormal, deviate, or unusual sexual acts and practices, and shall include the following:
1. Emphasis upon the power of individuals to control their own personal behavior.
a. Students shall be encouraged to base their actions on reasoning, self-discipline, sense of responsibility, self-control, and ethical considerations such as respect for self and others.
2. Instruction on how to say "no" to unwanted sexual advances and to resist negative peer pressure.
a. Students shall be taught that it is wrong to take advantage of, or to exploit, another person.
3. Instruction on the laws relating to sexual conduct with a minor.
B. All sex education materials and instruction that discuss sexual intercourse shall:
1. Stress that students should abstain from sexual intercourse until they are mature adults.
2. Emphasize that abstinence from sexual intercourse is the only method for avoiding pregnancy that is one hundred percent (100%) effective.
3. Stress that sexually transmitted diseases have severe consequences and constitute a serious and widespread public health problem.
4. Include a discussion of the possible emotional and psychological consequences of preadolescent and adolescent sexual intercourse and the consequences of preadolescent and adolescent pregnancy.
5. Advise students of Arizona law pertaining to the financial responsibilities of parenting, and legal 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:
A. Be appropriate to the grade level in which it is offered.
B. Be medically accurate.
C. Promote abstinence.
D. Discourage drug abuse.
E. Dispel myths regarding transmission of the human immunodeficiency virus.
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.
B. Teacher training.
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.
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: <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-341
15-718.01
CROSS REF.:
IKF - Graduation Requirements
Beginning in the 2020-2021 school year, school School districts shall provide training in suicide awareness and prevention for school guidance counselors, teachers, principals and other school personnel who work with pupils in all grade levelsgrades six through twelve (6-12). Each person who is required to obtain training shall complete that training at least once every three (3) years. The training must include the following:
A. Training in suicide prevention.
B. Training to identify the warning signs of suicidal behavior in adolescents and teens.
C. Appropriate intervention and referral techniques.
The training prescribed above must use evidence-based training materials and may be provided within the framework of existing in-service training programs offered by the School District or as part of professional development activities.
School personnel, entities or any other persons are not civilly liable for any actions taken in good faith pursuant to this requirement except in cases of gross negligence, willful misconduct or intentional wrongdoing.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF:
A.R.S.
15-120
15-341
15-701.01
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 ensure that procedures provide educational opportunities for individuals with disabilities and shall 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:
A. The District will ensure that all children with disabilities, between the age of birth (0) through twenty-one (21) years, within the boundaries of the District, including children with disabilities who are homeless or wards of the state, and children with disabilities attending private schools or home schools, regardless of the severity of their disability, and who are in need of special education and related services are identified, located, and evaluated.
B. A free appropriate public education (FAPE) shall be available to all children with disabilities aged three (3) through twenty-one (21) years within the District's jurisdiction, including children advancing from grade to grade, those who have been suspended or expelled from school in accordance with the applicable IDEA rules and regulations, and any child with a disability the District has placed in or referred to a private 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 extend through conclusion of the instructional year during which the student attains the age of twenty-two (22).
C. A full and individual initial evaluation will be conducted by the public education agency before the initial provision of special education and related services to a child with a disability in accordance with 34 C.F.R. 300.300–300.311 of the IDEA regulations. A reevaluation of each child with a disability will be conducted by the public education agency in accordance with 34 C.F.R. 300.300–300.311 of the IDEA regulations.
D. Procedures for child identification and referral shall meet the requirements of the IDEA and its regulations, A.R.S. Title 15, chapter 7, and its regulations, and the State Board of Education rules R7-2-401.
E. The District shall ensure that an individualized education program (IEP) is developed and implemented for each eligible child served by the District and for each eligible child the District places in or refers to a private school or facility by the District in accordance with 34 C.F.R. 300.320 – 300.325 of the IDEA regulations. An IEP or an individualized family service plan (IFSP) will be in place for each child with a disability prior to the provision of FAPE.
F. To the maximum extent appropriate, opportunities for the least restrictive environment, inclusion in educational exercises with regular program students, and for interaction with the total school environment will be provided to exceptional students, the exception to be only when the student's condition, with supplementary aids and services, make such regular class education unsatisfactory in accordance with 34 C.F.R. 300.114 – 300.117 of the IDEA regulations.
G. The District shall establish, maintain, and implement procedural safeguards that meet the requirements of 34 C.F.R. 300.300 – 300.311 of the IDEA regulations. Parents will be provided with notices of procedural safeguards in each specified instance and all due process conditions will be satisfied with respect to the provision of a free appropriate public education.
H. The District will ensure that protection of the confidentiality of any personal identifiable data, information, and records collected or maintained by the District will be in accordance with 34 C.F.R. 300.611-300.627.
I. To the extent essential to provide FAPE to children with disabilities aged three (3) through twenty-one (21), extended school year (ESY) services shall be made available and implemented as necessary.
J. Criteria for the graduation of exceptional students, including accomplishment in reading, writing, and mathematics, shall be as specified in the District policy on graduation requirements. Such standards shall be equivalent to or greater than those established by the State Board of Education.
K. Not later than March 1 of each year conduct a review of the reasonable and acceptable ratio of students per teacher for each disability category. The applicable ratios shall be specified in a regulation accompanying the District policy on class size.
L. The discipline of exceptional students, and unevaluated students suspected of having a qualifying disability, is to be conducted in such a manner as to comply with FAPE and requirements of IDEA.
A child with a disability may be disciplined for a violation of the student code of conduct, including removal from his or her current placement to an appropriate interim alternative education setting, another setting, suspension, or expulsion in accordance with IDEA Regulations 34 C.F.R. 300.530 through 300.536.
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: date of Manual adoption<-- z2AdoptionDate -->
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 et seq., Individuals with Disabilities Education Act
29 U.S.C. 794, Rehabilitation Act of 1973, (Section 504)
34 C.F.R. Part 300
CROSS REF.:
IIB - Class Size
IKE - Promotion and Retention of Students
IKF - Graduation Requirements
JKD - Student Suspension
JKE - Expulsion of Students
JR - Student Records
(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:
A. Has a physical or mental impairment that substantially limits one (1) or more major life activities, including learning; or
B. Has a record of such impairment; or
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 Manual adoption<-- z2AdoptionDate -->
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:
A. Any student who needs or is believed to need special education or related services not available through existing programs in order to receive a free appropriate public education may be referred by a parent, teacher, or other certificated school employee for identification and evaluation of the student's individual education needs.
B. The identification and evaluation will be completed by persons knowledgeable about the student, the student's school history, the student's individual needs, the meaning of evaluation data, and the placement options. The Superintendent will monitor the identification and evaluation to ensure that qualified personnel participate.
C. The District will consider the referral and, based upon a review of the student's existing records, including academic, social, and behavioral records, make a decision as to whether an evaluation under this procedure is appropriate. If a request for evaluation is denied, the District will inform the parents or guardian of 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:
A. The District will evaluate the nature of the student's disability and the impact of the disability upon the student's education. This evaluation will include consideration of any behaviors that interfere with regular participation of a student who otherwise meets the criteria (such as age) for participation in the educational program and/or activities.
B. No final determination of whether the student will or will not be identified as a student with a disability within the meaning of Section 504 will be made by the District without first inviting the parent or guardian of the student to participate in a meeting concerning such determination.
C. A final decision will be made by the District in writing, and the parents or guardian of the student shall be notified of the Section 504 procedural safeguards available to them, including the right to an impartial hearing and review.
Plan for services:
A. For a student who has been identified as having a disability within the meaning of Section 504 and in need of special education or related aids and services, the District shall be responsible for determining what special services are needed.
B. In making such determination, the District shall consider all available relevant information, drawing upon a variety of sources, including, but not limited to, comprehensive assessments conducted by the District's professional staff.
C. The parents or guardian shall be invited to participate in District meetings where services for the student will be determined, and shall be given an opportunity to examine all relevant records.
D. The District will develop a written plan describing the disability and the special education or related services needed. The plan will specify how the regular or special education and related aids and services will be provided, and by whom.
E. The District may also determine that no special education or related services are appropriate. If so, the record of the District proceedings will reflect the identification of the student as a person with a disability and will state the basis for the decision that no special services are presently needed.
F. A student with a disability shall be placed in the regular educational environment of the District, with the use of the supplementary aids and services, unless the District demonstrates that such placement cannot be achieved satisfactorily. The student with a disability shall be educated with those who are not disabled to the maximum extent appropriate to the individual needs of the student.
G. The District shall notify the parents or guardian in writing of its final decision concerning the services to be provided.
H. If a plan for providing related services is developed, all school personnel who work with the student shall 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:
A. The parents or guardian shall be notified in writing of all District decisions concerning the identification, evaluation, or educational placement of students made under this policy.
B. The parents or guardian shall be notified that they may examine relevant records.
C. As to such decisions by the District, the parents or guardian shall have the right to an impartial hearing ("Section 504 due process hearing"), with opportunity for participation by the parents or guardian and their counsel. In the notification of any District decision concerning identification, evaluation, or placement, the parents or guardian will be advised that:
1. A request for a Section 504 due process hearing should be made within thirty-five (35) days of notice of right to file (but not less than thirty [30] days).
2. The request shall be made to:
Superintendent
Glendale Elementary School District No. 40
7301 N. 58th Avenue
Glendale, AZ 85301
(623) 237-7100Name: ____________________________________
____________________________________
Address: ____________________________________
____________________________________
Phone: ____________________________________
3. The hearing will be held in accord with Regulation IHBA-RB. The decision may be appealed only to a federal court of competent jurisdiction.
4. 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.
The Board requires that 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<-- z2AdoptionDate -->
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: date of Manual adoption<-- z2AdoptionDate -->
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
(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 schools. Curriculum materials and instructional supplies shall be provided in a manner that ensures equivalency among the 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:
A. The District's expectations for parental involvement;
B. Specific strategies for effective parent involvement activities to improve student academic achievement and school performance; and
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 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;
B. How parents/guardians, the entire school staff, and students share the responsibility for improved student academic achievement;
C. The means by which the school and parents/guardians build and develop a partnership to help children achieve the state's high standards; and
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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-341
20 U.S.C. 6301 et seq., Every Student Succeeds Act of 2015
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,
1. Be provided a full description of the educational materials to be used in the different educational program choices, and
2. Be provided all the educational opportunities available to the child.
Parental 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:
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 the student scores:
a. Approximately at or above the state average for the student's grade level, or
b. At or above the fifth (5th) grade average, whichever is lower.
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 study would be better suited to the student's overall educational progress and rapid acquisition of basic English language skills.
C. The student has special individual needs (physical and psychological needs above and beyond the lack of English proficiency).
1. Any decision to issue a waiver based on special individual need is to be made subject to the examination, approval and authorizing signature of the Superintendent within, but not limited to, the following guidelines:
a. The student has already been placed in an English language classroom for not less than thirty (30) calendar days during that school year.
b. It is subsequently the informed belief of the school principal and educational staff that the child has such special and individual physical or psychological needs, above and beyond the lack of English proficiency, and an alternate course of educational study would be better suited to the student's overall educational development and rapid acquisition of English.
I. A written description of not less than two hundred fifty (250) words documenting these special individual needs for the specific student must be provided and permanently added to the student's official school record.
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 evaluation data, and the placement options. The review shall be based upon the student's existing records, including academic, social, and behavioral records.
III. The waiver application must contain the original authorizing signature of the school principal.
c. If the student has been determined to be a student with a disability under the Individuals with Disabilities Education Act then all procedural safeguards including those relative to evaluation and the provision of free appropriate public education must be followed.
d. If the student has been determined to be a student with a disability under Section 504 of the Rehabilitation Act of 1973, evaluation and such accommodations as are necessary to provide a free appropriate public education shall be provided in accord with the act.
2. Teachers and local school districts may reject waiver requests without explanation or legal consequence. The existence of such special individual needs shall not compel issuance of a waiver.
3. The parents shall be fully informed of their right to refuse to agree to a waiver for special individual needs.
The Superintendent shall develop procedures as necessary for implementation of this policy.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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 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
Student's name ______________________________________________________
Last First M.I.
School ______________________ Current grade _____ Birth date ___________
Home phone_____________ Work phone___________ Message phone_________
Parent or guardian's name _____________________________________________
Last First M.I.
Home address ______________________________________________________
Street City Zip
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 good English language skills.
◻ Is age ten (10) or older.
◻ 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
FOR DISTRICT USE ONLY * DO NOT WRITE BELOW THIS LINE
Date stamp _______________________________
Filing Date
◻ Approved ◻ Denied
Principal _____________________________________ Date _______________
Superintendent ________________________________ 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 Special Education Department 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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-769
15-901
A.A.C.
R7-2-607
CROSS REF.:
JHD - Exclusions and Exemptions from School Attendance
Magnet Schools
The Board authorizes the establishment of the magnet-school concept. Magnet schools may be established as separate schools, or magnet programs may be housed within existing schools. Specialized alternative curriculum and/or teaching methodologies shall be offered that may attract students from throughout the Glendale Elementary School District.
Adopted: date of Manual adoption
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:
A. meet District and SBE academic standards for the identified student population,
B. provide at least the minimum course of study and competency requirements for graduation from high school, based on the current cohort year requirements, and
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:
A. satisfactorily complete the course requirements,
B. participate in the testing requirements prescribed by A.R.S. 15-741 et seq., and
C. not be allowed to participate in AOI if the student fails to comply with the testing requirements and the online instruction provider fails to administer the tests to at least ninety-five percent (95%) of the 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: date of Manual adoption<-- z2AdoptionDate -->
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
(Native American/Indian Education)
(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:
A. The needs of their children.
B. The ways by which they can assist their children in realizing the benefits to be derived from the education programs assisted with funds provided under the Special Impact Aid Act.
C. Their overall views on the education program in the District, including:
1. The operation of the District's education program.
2. The degree of parental participation allowed.
Adopted: <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-205
20 U.S.C. 7701 et seq., Impact Aid Act
REGULATION
INDIAN EDUCATION
(Native American/Indian Education)
It is the intent of the ______________________ School District that all Indian children of school age have equal access to all programs, services and activities offered within the School District. To this end, the ______________________ School District will consult with local tribal officials and parents of Indian children in the planning and development of Indian Policies and Procedures (IPPs), general education programs, and activities. These policies and procedures will be reviewed annually and revisions will be made within ninety (90) days of the determination that requirements are not being adequately met.
The ______________________ School District attests that it has established Indian Policies and Procedures (IPPs) as required in section 7004 of the Impact Aid law for any children claimed who reside on eligible Indian lands. The IPPs have been adequately disseminated to the tribes and parents of children residing on eligible Indian lands. A copy of the current policies and procedures was attached to the FY ________ Impact Aid application.
The ______________________ School District attests that it has provided a copy of written responses to comments, concerns and recommendations received from tribal leaders and parents of Indian children through the Indian policies and procedures consultation process and disseminated these responses to tribal leaders and parents of Indian children prior to the submission of their FY ________ Impact Aid application.
A. The District will disseminate relevant applications, evaluations, program plans and information related to the District's education program and activities with sufficient advance notice to allow tribes and parents of Indian children the opportunity to review and make recommendations. [34 C.F.R. 222.94(a)(1)]
B. The District will provide an opportunity for the ______________________ Tribe and parents of Indian children to provide their views on the District's educational program and activities, including recommendations on the needs of their children and on how the District may help those children realize the benefits of the educational programs and activities. [34 C.F.R. 222 .94(a)(2)]
1. Notify tribes and the parents of Indian children of the opportunity to submit comments and recommendations, considering the tribe's preference for method of communication, and
2. Modify the method of and time for soliciting Indian views, if necessary, to ensure the maximum participation of tribes and parents of Indian children.
C. The District will annually assess the extent to which Indian children participate on an equal basis with non-Indian children in the District's education program and activities. [34 C.F.R. 222.94(a)(3)]
1. Share relevant information related to Indian children's participation in the local education agencies (LEA's) education program and activities with tribes and parents of Indian children; and
2. Allow tribes and parents of Indian children the opportunity and time to review and comment on whether Indian children participate on an equal basis with non-Indian children.
D. The District will modify the IPPs if necessary, based upon the results of any assessment or input described in this document. [34 C.F.R. 222.94(a)(4)]
E. The District will respond at least annually in writing to comments and recommendations made by tribes or parents of Indian children, and disseminate the responses to the tribe and parents of Indian children prior to the submission of the IPPs by the LEA. [34 C.F.R. 222 .94(a)(5)]
F. The District will provide a copy of the IPPs annually to the affected tribe or tribes. [34 C.F.R. 222.94 (a)(6)]
EXHIBIT
INDIAN EDUCATION
(Native American/Indian Education)
COMPLAINT PROCEDURES
The District will comply with the following as it applies to a complaint.
Contents of a complaint. For purposes of these procedures, a complaint is a signed statement that includes:
A. An allegation that the District has failed to:
1. Establish adequate policies and procedures to ensure the participation of Indian parents and tribes in the education process;
2. Adhere to these policies and procedures; or
3. Take into consideration meaningful Indian input in designing the education program;
B. Information that supports the allegation;
C. A specific request for relief; and
D. A statement describing what steps it has taken to resolve with the District the matters on which the complaint is based.
Who may file a complaint:
A. Any tribe, or its designee, that has students attending a District school may, in its discretion and without regard to the requirements of any other provision of law, file a written complaint with the Assistant Secretary of the United States Department of the Interior regarding any action of the District pursuant to, or relevant to, the matters.
If a tribe files a complaint through a designee, the tribe shall acknowledge in writing in the complaint that the designee is authorized to act on its behalf.
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 is obligated to file these grievances in a complaint with the Assistant Secretary.
C. A complaint filed under these procedures need not reflect the views of a majority of the parents of Indian children attending the District schools.
Where to file a complaint. 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 tribe may file a complaint with the Assistant Secretary only if:
A. The District has complied with the requirements; and
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 Assistant Secretary considers a complaint to have been received only after the Assistant Secretary determines that the complaint:
A. Satisfies the requirements; and
B. Is in writing and signed by a tribal official or the tribe's authorized designee.
Dismissal of a complaint:
A. If the Assistant Secretary determines that a complaint fails to meet the requirements, the Assistant Secretary notifies the tribe or its designee that the complaint has been dismissed for purposes of invoking hearing procedures.
B. Each notice that a complaint has been dismissed includes the reasons why the Assistant Secretary determined that the complaint did not meet the requirements.
C. Notice that a complaint has been dismissed does not preclude other efforts to investigate or resolve the issues raised in the complaint, including the filing of an amended complaint.
Consolidation of complaints. The Assistant Secretary may consolidate complaints involving the same tribe or District.
LEGAL REF.:
20 U.S.C. 1221
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 Manual adoption<-- z2AdoptionDate -->
EXHIBIT
INDIAN EDUCATION
(Native American/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 hearing procedures apply only to proceedings.
Applicability of other laws. The following provisions do not apply to proceedings:
A. Administrative Procedure Act.
B. Federal Rules of Civil Procedure.
C. Federal Rules of Evidence.
Parties to a hearing. The parties to a hearing under this subpart are:
A. The complaining tribe or tribes; and
B. The affected District or Districts.
Notice. Within ten (10) working days after receiving a complaint, the Assistant Secretary:
A. Appoints a hearing examiner to conduct the hearing;
B. Selects a time for the hearing so that the hearing occurs no more than thirty (30) days after the appointment of a hearing examiner;
C. Designates a place for the hearing that is, to the extent possible:
1. Near the District; or
2. At another location convenient to the tribe and the District, if the Assistant Secretary determines there is a good cause to designate another location;
D. Notifies the tribe and the District of the time, place, and nature of the hearing; and
E. Sends copies of the complaint to the District and the tribe.
District's reply to the complaint. 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 party shall communicate orally or in writing with the hearing examiner or the Assistant Secretary on matters under review, except minor procedural matters, unless all parties to the complaint are given:
1. Timely and adequate notice of the communication; and
2. Reasonable opportunity to respond.
B. Submission of documents. For each document that a party submits, the party shall:
1. File one (1) copy for inclusion in the record of the proceedings; and
2. Provide a copy to each of the other parties to the proceedings.
C. Record. A record of the proceedings will be established and maintained by the Assistant Secretary.
Conduct of the hearing:
A. Public hearing. The hearing must be open to the public.
B. Representation by counsel. Parties may be represented by counsel.
C. Evidence:
1. Each party may submit oral and written testimony that is relevant to the issues in the proceedings.
2. A party may object to evidence it considers to be irrelevant or unduly repetitious.
D. Authority and responsibilities of the hearing examiner:
1. The hearing examiner may regulate the course of the proceedings and the conduct of the parties during those proceedings. The hearing examiner takes all steps necessary to conduct a fair and impartial proceeding, to avoid delay, and to maintain order, including the following:
a. The hearing examiner may clarify, simplify, or define the issues or consider other matters that may aid in the disposition of the complaint.
b. The hearing examiner may direct the parties to exchange relevant documents or information.
c. The hearing examiner may receive, rule on, exclude, or limit evidence.
d. Although hearings are open to the general public, the hearing examiner may establish reasonable rules governing public attendance at the proceedings.
e. The hearing examiner may examine witnesses.
2. The hearing examiner may interpret applicable statutes and regulations but may not waive them or rule on their validity.
E. Transcripts:
1. The Assistant Secretary:
a. Arranges for the preparation of a transcript of each hearing;
b. Retains the original transcript as part of the record of the proceedings; and
c. Provides one (1) copy of the transcript to each party.
2. Additional copies of the transcript are available on request and with payment of the reporting service's reproduction fee.
F. Hearing costs. Each party shall bear only its own costs in the proceeding.
Opportunity to submit additional evidence:
A. Each party may submit to the hearing examiner additional evidence that is relevant to the issues raised at the hearing.
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 thirty (30) days after the hearing, the hearing examiner:
A. Makes, on the basis of the record, written findings of fact and recommendations concerning any appropriate remedial action that should be taken;
B. Submits those findings and recommendations, along with the hearing record, to the Assistant Secretary; and
C. Sends a copy of those findings and recommendations to each party.
Opportunity to comment on the hearing examiner's
findings and recommendations:
A. Each party may file with the Assistant Secretary comments on the hearing examiner's findings and recommendations.
B. The Assistant Secretary must receive each party's comments within ten (10) days after the party receives a copy of the hearing examiner's findings and recommendations.
The Assistant Secretary's final determination:
A. Within thirty (30) days after receiving the hearing record and the hearing examiner's findings and recommendations, the Assistant Secretary makes, on the basis of the record, a written determination that includes:
1. Any appropriate remedial action that the District must take;
2. A schedule for completing any remedial action; and
3. The reasons for the Assistant Secretary's decision.
B. After completing such final determination, the Assistant Secretary sends the parties a copy of:
1. The hearing record;
2. The hearing examiner's findings and recommendations; and
3. The Assistant Secretary's final determination.
C. Judicial review of the Assistant Secretary's final determination. If a party is dissatisfied with the Assistant 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:
1. Undertaken the required remedial action; or
2. Failed to undertake the remedial action within the time established and the Secretary determines that an extension of time will not effectively encourage the required remedial action.
B. Withholding by the Secretary:
1. Except as provided, if the Secretary determines that the District has failed to undertake the remedial action, the Secretary withholds payment of all funds to which the District is entitled until that remedial action is undertaken.
a. The Secretary does not withhold funds if the tribe or its designee requests in writing that these funds be released to the District.
b. The Secretary may not withhold funds during the course of the school year if the Secretary determines that a withholding would substantially disrupt the education programs of the District.
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:
1. If the Secretary determines that the District has failed to undertake the remedial action, the affected tribe may elect to:
a. Contract with the Bureau of Indian Affairs under Title I of the Indian Self-Determination and Education Assistance Act to provide educational services previously provided by the District; or
b. Have a Bureau of Indian Affairs school provide those educational services.
2. If the affected tribe exercises its option, any Indian students affiliated with that tribe who wish to remain in attendance at the District against whom the complaint was filed may be counted by the District for the purpose of receiving funds.
3. If Indian students remain affiliated with the District:
a. The Secretary may not withhold funds that are based on the number of Indian students who remain affiliated with the District; and
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. 1221
Regular Education
The 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.
Efforts shall be made to maintain class size for grades kindergarten (K) through two (2) at a lower ratio than for grades three (3) through eight (8).
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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-341
15-342
15-764
15-901
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 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:
CATEGORY GOAL
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 intellectual disability
1.0 FTE teacher and 1.0 fte aide
(average) 7 - 9 students
Severe intellectual disability
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:
A. Addition of a teacher's aide.
B. Increasing an aide's hours.
C. Reassigning students to a different teacher.
D. Adding a teacher.
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
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: date of Manual adoption<-- z2AdoptionDate -->
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
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:
A. Requests must be in writing and must specify the materials that the parents or guardians want to review.
B. Requests shall be submitted to the office of the school principal______________________.
C. At least one (1) copy of such instructional materials shall be available for parent or guardian review.
D. Printed textbooks, supplementary books, and other printed subject matter may be checked out for removal from District premises for up to forty-eight (48) hours. All other materials, including films, may be reviewed only on District premises.
E. School personnel involved in handling requests to review materials will notify the parents or guardians as to when and where such materials may be picked up or reviewed.
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:
A. The objection is in writing and is specific in its description of the activity or learning material to which the parent or guardian objects.
B. The objection includes a statement that the parent or guardian understands that the educational information and concepts covered in the activity or material may not be covered in any other manner or form and that the parent or guardian understands that the student may not be able to make up the material or activity in any other way.
C. Although the student may be unable to make up for the missed activity or material, no penalty will accrue to the student in grades or credit, with the exception that, if the objection removes a student from a substantial portion of a class, promotion and credit decisions will be based on applicable District policies.
D. All such objections shall be directed to the principal of the school in which the student is enrolled, who shall forward a copy of the written objection to the Superintendent, indicating that the student has been removed from the activity or stating the reason for nonremoval.
E. Upon receiving a principal's recommendation for removal or nonremoval, the Superintendent will review the situation and make a decision regarding the matter and communicate that decision to the parent or guardian and the principal.
F. Within ten (10) days after receiving notification of such decision from the Superintendent, the parent or guardian may request an appeal to the Board.
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 _____ classes. Graduating seniors will be required to enroll in a minimum of _____ classes.
Adopted: <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-341
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: date of Manual adoption<-- z2AdoptionDate -->
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
The Superintendent shall annually recommend to the Board an expenditure level for the purchase of library books, materials, and electronic media. The Superintendent shall approve the purchase of library books, materials, and electronic media that:
A. Enrich and support the curriculum, taking into consideration the varied interests, abilities, and maturity levels of the students served.
B. Stimulate growth in factual knowledge, literary appreciation, aesthetic values, and ethical standards.
C. Provide a background of information that will enable students to make intelligent judgments in their daily lives.
D. Provide materials representative of the many religious, ethnic, and cultural groups and their contributions to our American heritage.
E. Assure a comprehensive collection appropriate for the users of the library.
F. Provide a current, balanced collection of books, basic reference materials, texts, periodicals, and audiovisual materials that depict in an accurate and unbiased way the cultural diversity and pluralistic nature of American 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:
A. Damaged materials.
B. Materials that no longer present current information.
C. Materials that no longer support the goals of the District.
D. Materials that have not been used frequently enough to justify the use of library space.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
REGULATION
LIBRARY MATERIALS
SELECTION AND ADOPTION
The following standards shall be used in the selection of library books, materials, and electronic media:
A. Materials and media that widen the boundaries of the students' thinking, that enrich their lives and help them fulfill their recreational and emotional needs.
B. Materials and media that have imaginative appeal and a style that is interesting and free from monotony.
C. Materials and media that stimulate the imagination, provide for mental growth, develop a taste for good writing, and draw attention to the beautiful and artistic.
D. Books and media that provide pleasurable reading for the reader's sake.
E. Books and media that are illustrated in a manner that complements the text, have quality art, and are suitable for the intended readers.
F. 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, 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.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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.
B. Maximum accessibility to these materials.
C. A place for materials that will support the curriculum, taking into consideration the individual student's needs and the varied interests, abilities, socioeconomic backgrounds, and maturity levels of all of the students.
D. A place for materials for teachers and students to encourage growth in knowledge, which will develop literary, cultural, and aesthetic appreciation and ethical standards.
E. The allotment of space for an adequate professional library.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
(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: date of Manual adoption<-- z2AdoptionDate -->
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
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 systemmechanism, that must be taken to promote the safety and security of the use of the District's online computer network when using email electronic mail, chat rooms, instant messaging, and other forms of electronic 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:
A. prevent user access over the District's computer network, or transmissions of, inappropriate material via Internet, electronic mail, or other forms of direct electronic communications;
B. prevent unauthorized access and other unlawful online activity;
C. prevent unauthorized online disclosure, use, or dissemination of personal identification information of minors; and
D. comply with the Children's Internet Protection Act [P.L. No. 106-554 and 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:
A. Access to inappropriate matter.
B. Safety and security in direct electronic communications.
C. Unauthorized online access or activities.
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:
A. the standards and acceptable use of the District's network and Internet services as set forth in District policy;
B. student safety in regards to use of the Internet, appropriate behavior while using, but not limited to, such things as social networking Web sites, online opportunities and chat rooms; and cyberbullying 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.
Parent 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 <-- z2AdoptionDate -->
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)
(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<-- z2AdoptionDate -->
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 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 is taken from the school grounds on a field trip, written permission must be obtained from the parents or legal guardians. Transportation shall be provided only by District vehicles, driven by authorized personnel.
In general, field trips shall be conducted within the normal school day and shall be limited to within Maricopa County. Out-of-County 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 Manual adoption<-- z2AdoptionDate -->
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 Manual adoption<-- z2AdoptionDate -->
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. Individuals will follow District BRAVO (Building Relationships and Volunteer Opportunities) program procedures in order to volunteer.
The Superintendent shall promote appropriate annual recognition of volunteer services.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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)
A District-developed grading system will be utilized.
Teachers will keep a careful record of the grades assigned to students.
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 Manual adoption<-- z2AdoptionDate -->
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
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:
A. Parents will be informed regularly, and at least four (4) times a year, as to the progress their children are making in school.
B. Parents will be alerted and conferred with as soon as possible when a student's performance or attitude becomes unsatisfactory or shows marked or sudden deterioration.
C. Insofar as possible, distinctions will be made between a student's attitude and academic performance.
D. At comparable levels, the school will strive for consistency in grading and reporting except as this is inappropriate for certain classes or certain students.
E. When grades are given, school staff members will take particular care to explain to parents the meaning of marks and symbols as they apply to student achievement.
F. When no grades are given but evaluation is made informally in terms of the student's own progress, such evaluation will be a realistic appraisal of the skills developed by the student.
G. Reports of progress for students qualified for services under the Individuals with Disabilities Education Act (I.D.E.A.) shall be based on each student’s progress in achieving the goals stated in the student's individualized education program (IEP) by the end of the school year. Such progress reports shall be provided as directed in the IEP.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
REGULATION
GRADING / ASSESSMENT SYSTEMS
Subject 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.
Parent/teacher conferences will may be conducted twice a year. The Superintendent or designee will establish procedures to allow parents of students to schedule 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<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-901
CROSS REF.:
IKAB - Report Cards/Progress Reports
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: <-- z2AdoptionDate -->
The development of study skills and self-discipline are integral and indispensable elements of a quality educational process.
When homework is assigned, it 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<-- z2AdoptionDate -->
REGULATION
TESTS AND EXAMINATIONS
Principals will develop testing schedules for their schools. Such schedules will then be reported to the Superintendent.
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 kindergarten through eight (K-8)_________________________. 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 Manual adoption<-- z2AdoptionDate -->
(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 shall 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 and retention..
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: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-203
15-341
15-342
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
Rank in class is required by colleges and universities on transcripts submitted for entrance evaluation.
Class rank shall be determined as follows:
A. Class ranking will be determined each semester beginning with the first semester of the ninth (9th) grade.
B. 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 produce the accumulative grade point average. Students are then ranked according to grade point average, with 4.00 as high.
Adopted: <-- z2AdoptionDate -->
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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-152
15-803
CROSS REF.:
EBAA - Reporting of Hazards/Warning Systems
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
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<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-701.01
CROSS REF.:
IKE - Promotion and Retention of Students
(Eighth Grade Promotion)
Promotion exercises for students completing the eighth grade are to be conducted at the end of the academic school year when attendance and academic requirements of the state of Arizona have been met. Only those students who have met all District requirements by the day of promotion may participate in the eighth-grade promotion exercises.
Adopted: date of Manual adoptionGraduation exercises will be held for students who have met state and local requirements for graduation from high school.
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:
A. Students who wish to participate must be present at the rehearsals. Failure to do so, except for legitimate reasons for absence, may be cause for excluding students from participating in the exercises.
B. Students may not participate in the commencement exercises unless they have successfully completed the requirements for graduation.
C. 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 presented at the final awards assembly if approved by the principal.
Adopted: <-- z2AdoptionDate -->
(Testing Programs)
The use of tests is one 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:
A. A testing program as outlined in A.R.S. 15-741 and 15-755.
B. A District testing program that will be subject to regular review and evaluation.
C. In-service education of teachers and other staff members in the use of tests and interpretation of test results.
Test Participation
All Arizona students in grades three two (32) 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.
If the state-wide assessment results are available before the start of each school year, each school district and charter school shall provide notification no later than the first half of the second quarter of the school year to parents of pupils in grades six (6) through eight (8) who have not demonstrated proficiency in grade-level mathematics based on available local or statewide assessments. The notification shall include the following information:
A. A description of the pupil's mathematics deficiencies as demonstrated by the statewide assessment.
B. A description of the current mathematics services provided by the school district or charter school, including supplemental instructional services and supporting programs that are designed to remediate mathematics deficiencies.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-708
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
REGULATION
TEACHING ABOUT
CONTROVERSIAL / SENSITIVE ISSUES
Guidelines
The school does not teach controversial issues; it provides an opportunity for their study.
When controversial issues are studied or arise, opportunity should be provided for various viewpoints to be presented.
All instructional issues are to be dealt with impartially and objectively without imposing the teacher's own biases or using this freedom as a license to propagandize.
Respect for the moral standards held by individual students must be maintained and defended.
Controversial issues must be studied in a manner that is suitable to the knowledge, maturity, and competence of students.
Study of the issue must help students achieve District curriculum objectives.
Outside speakers or the use of instructional materials that have not been approved previously by the Governing Board will be approved by the school principal or District administration.
When a student or patron objects to any materials presented, the procedure and forms for review of instructional materials shall be used. When a student, parent, or citizen resident objects to a presentation not involving instructional materials, the same procedure and forms shall be used, with the word material replaced by presentation.
After going through the process as outlined, individual students will only be permitted, upon parents' prior written consent, to be included in the presentation. If a parent does not want his/her child to be included, the child will be excused, without penalty, to an alternate activity during the presentation of controversial issues (e.g., the District human growth and development films shown as part of the health curriculum). Parents must be given the opportunity to review the films and materials prior to them being shown to students.
(State-Mandated Testing)
Security of Testing Materials
Employees designated by the Superintendent to administer the achievement test adopted by the Arizona State Board of Education shall:
A. Keep all test materials in locked storage.
B. Not reproduce any test materials in any manner.
C. Not disclose any actual test items to students prior to testing.
D. Not provide answers of any test items to any students.
E. Administer only practice tests that are provided by the test publishers. Previous editions of the test series being used in the statewide testing program may not be used as practice tests.
F. Strictly observe all timed subtests. The test publishers' suggested time limits for untimed subtests shall be followed as closely as possible in order to maintain uniformity in test administration.
G. Follow directions for administering the test explicitly. No test item may be repeated unless otherwise indicated in the directions.
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 the
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 Manual adoption<-- z2AdoptionDate -->
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)
JR - Student Records
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 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 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 State Board requirement for economics is at least one-half (.5) of a course credit, which shall include financial literacy and personal financial management.
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 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.
Adopted: <-- z2AdoptionDate -->
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
IHAMD – Instruction and Training in Suicide Prevention
IIE - Student Schedules and Course Loads
IKA - Grading/Assessment Systems
JFABC - Admission of Transfer Students
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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-341
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:
A. The student shall have successfully completed the subject-area course requirement incorporating the standards and competencies adopted by the State Board of Education from the course of study as determined by the Governing Board in accord with the District's designated grading system; or
B. As an alternative to completing the course requirements, a student may request, upon a showing of familiarity with the subject matter of the course, an examination on the competencies of the course. The student may take an examination on a particular course one (1) time only in an academic year. The examination shall be prepared by a teacher of the subject matter who is designated by the Superintendent. To receive graduation credit, the student must demonstrate accomplishment of the standards and competencies adopted by the State Board of Education and the Governing Board, respectively. Demonstration of accomplishment of the skills and competencies shall be determined in accord with accepted practices in evaluation of students. A copy of the test results, verified by the appointed teacher, shall be filed with the student's records.
(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 Manual adoption<-- z2AdoptionDate -->
The 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: <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-105
15-701.01
15-1821
Section 63, Arizona Laws 2009, HB2011
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:
A. Teachers should instruct students in the principles and techniques of the scientific method and provide opportunities for practice in applying established facts to specific problems.
B. Teachers should seek to develop in students the ideals of truth and honesty.
C. All personnel should seek to create an atmosphere in which difference of opinion can be voiced without fear and hostility and with mutual respect for all viewpoints.
D. Constitutional guarantees of due process and freedom of speech will continue to be observed as to students and teachers alike when they are involved in a controversial issue.
E. Teachers should encourage the suspension of judgment and conclusions until all relevant and significant facts have been assembled, critically examined, and checked for accuracy.
F. Teachers should seek to develop in students a sense of responsibility for their beliefs, opinions, attitudes, and actions.
G. Teachers should place major emphasis upon "why" and "how" to think rather than "what" to think.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
The following shall be adhered to regarding required opening exercises and school programs as they pertain to customs and holidays:
A. Each student shall be provided with an opportunity to participate in the Pledge of Allegiance or other patriotic observance each day.
B. Each student in grades four (4) through six (6) shall recite the following passage from the Declaration of Independence:
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed..."
C. Each teacher in charge of a classroom for the first class of each day shall conduct a period of meditation, not to exceed one (1) minute in duration. No other activities will be allowed in the classroom at that time.
D. Students whose parents have informed the school that they are not to take part in the meditation period or patriotic observances will be expected to observe the courtesy of not disturbing others.
E. When special days or significant events are recognized, it is recommended that appropriate classroom and assembly programs be presented in keeping with the traditional and historical significance of the event or season.
A teacher or administrator in any school in this District may read or post in any school copies or excerpts of the following materials:
A. The national motto "In God We Trust."
B. The National Anthem.
C. The Pledge of Allegiance.
D. The Preamble to the Constitution of this state.
E. The Declaration of Independence.
F. The Mayflower Compact.
G. Writings, speeches, documents and proclamations of the founding fathers and the presidents of the United States.
H. Published decisions of the United States Supreme Court.
I. Acts of the United States Congress.
J. The state motto "Ditat Deus," which means "God Enriches."
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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 animal 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: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
11-1024
A.A.C.
R17-9-102
The Superintendent shall establish regulations limiting class interruptions, with particular emphasis on use of communication devices and interruptions by salespersons or visitors.
The classroom setting shall not be interrupted by the use of the interschool communication system unless authorized by the principal.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
The Superintendent will establish an environment conducive to the best learning achievement for each student through meeting the following goals:
A. To individualize the learning program in order to provide appropriately for each student.
B. To protect and observe the legal rights of students.
C. To enhance the self-image of individual students through helping them feel respected and worthy, and through a learning environment that provides positive encouragement.
D. To provide an environment of reality in which students can learn personal and civic responsibility for their actions through meaningful experiences as school citizens.
E. To deal with students in matters of discipline in a just and constructive manner.
F. To provide, in every way feasible, for the safety, health, and welfare of students.
G. To promote regular attendance and good work.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
Ordinarily, students shall attend school in the attendance area where they live. Parents may request that a student be transferred to another school within the District.
Under the authority of school districts to assign students to schools as deemed in the best educational interest of all, the Board authorizes the Superintendent to grant or deny requests for individuals to attend schools outside of their designated attendance areas after consideration of the following criteria:
A. The change appears to be in the best interests of the individual.
B. No bus route will be extended beyond its normal run.
C. Principals of both schools are involved in the procedure.
D. The change does not create overcrowding at the receiving school.
Adopted: date of Manual adoption
CROSS REF.:
JC - School Attendance Areas
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, 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: date of Manual adoption<-- z2AdoptionDate -->
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
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,
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
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.
(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: date of Manual adoption<-- z2AdoptionDate -->
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
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 Manual adoption<-- z2AdoptionDate -->
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 ADMISSIONS
Grade placement shall be the responsibility of the principal, and shall be based on general achievement, consideration being given to the mental, physical, emotional, and social maturity of the student. In general, students transferring into the system will be placed at the same grade level as in the school from which they transferred, but students transferring, as well as continuing students, may be reduced or advanced in grade. The principal shall be guided by the recommendation of teachers and shall consult with the parents of the student before the transfer or placement of a student is made.
REGULATION
STUDENT 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 prescribed.
B. A.R.S. 15-901 (for children with disabilities).
C. The child being provided instruction at home.
D. The child being accompanied by a parent or a person authorized by a parent.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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.
If the school district or charter school offers more than two and one-half (2 1/2) hours of voluntary tuition-free kindergarten instruction during a school day to pupils who are under six (6) years of age, the instruction shall meet all of the following requirements:
A. Meet or exceed the academic standards for kindergarten instruction prescribed by the State Board of Education and incorporate play as an instructional strategy.
B. Be academically meaningful.
C. Provide active learning enrichment.
A parent of a kindergarten pupil may choose either half (1/2)-day kindergarten instruction or full-day kindergarten instruction pursuant to A.R.S. 15-703.
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.
For 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. The District 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 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-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 (8th) grade as determined by the State Board of Education in the areas of reading, 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: date of Manual adoption<-- z2AdoptionDate -->
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
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.
B. Other reliable proof of the student's identity and age, including the student's baptismal certificate, an application for a Social Security number, or original school registration records, and an affidavit explaining the inability to provide a copy of the birth certificate.
C. A letter from the authorized representative of an agency having custody of the student (pursuant to statute) certifying 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 to disclose to any person a student's educational record without prior parental consent unless the school makes a determination that disclosure of such records is necessary to protect the health and safety of the student.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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 parent shall provide proof of residency in the District to the local education agency within ten (10) days after the arrival date provided on official documentation.
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. PROOF OF RESIDENCY IS NOT REQUIRED FOR HOMELESS STUDENTS.
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 Arizona Address Confidentiality Program (ACP) authorization card.
A public school shall accept the substitute address as the address of record and shall verify student enrollment eligibility through the Secretary of State. The Secretary of State shall facilitate the transfer of student records from one school to another.
D. Property deed
E. Mortgage documents
F. Property tax bill
G. Rental agreement or lease (including Section 8 agreement or off-base military housing)
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 (506 Form) or other identification issued by a recognized Indian tribe located in Arizona
M. Other documentation from a state, tribal, or federal agency (Social Security Administration, Veterans' Administration, Arizona Department of Economic Security, etc.)
N. Temporary on-base billeting facility (for military families)
Parent(s) or legal guardian(s) that does not maintain his or her own residence: The parent or legal guardian must have an affidavit of shared residency form completed 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. (JFAA-EB)
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: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-802
15-816 et seq.
15-821
15-823
15-823.01
15-824
41-166
42 U.S.C. 11301, McKinney-Vento Homeless Assistance Act of 2001,
as amended by the Every Student Succeeds Act (ESSA) of 2015
42 U.S.C. 11432
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
The District may admit children of Arizona residents who do not reside in the District upon such terms as it prescribes, but such admissions will be on a space-available basis.
Students from unorganized territory may be enrolled upon presentation of a Certificate of Educational Convenience issued by the Office of the County Superintendent of Schools.
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.
The parent or surrogate of each new enrollee in the District, except homeless students as defined in A.R.S. 15-824, will be asked to produce one of the following proofs:
A. A certified copy of the child's birth certificate.
B. Other reliable proof of the student's identity and age, including the student's baptismal certificate, an application for a Social Security number, or original school registration records and an affidavit explaining the inability to provide a copy of the birth certificate.
C. A letter from the authorized representative of an agency having custody of the student (pursuant to statute) certifying 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 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 District to disclose to any person a student's educational record without prior parental consent unless the District makes a determination that disclosure of such records is necessary to protect the health and safety of the student.
The Superintendent may develop regulations that are consistent with this policy and Arizona law as necessary for proper operation of the schools and implementation of this policy.
Adopted: date of Manual adoption
LEGAL REF.:
A.R.S.
15-823
15-824
15-825
15-828
15-973
15-976
15-1342
A.G.O.
I88-060
CROSS REF.:
IKEB - Acceleration
JF - School Admissions
JG - Assignment of Students to Classes
JLH - Missing Students
JLCB - Immunization of Students
JR - Student Records
EXHIBIT
ADMISSION OF
RESIDENT STUDENTS
STATE OF ARIZONA
AFFIDAVIT OF SHARED RESIDENCE
Student Name: ___________________________________________________________
Parent/Legal Guardian Name: ________________________________________________
School Name: ____________________________________________________________
School District or Charter Holder: _____________________________________________
Name of Arizona Resident: __________________________________________________
I, (resident name) __________________________________________, 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 vehicle registration
_____ Valid Arizona Address Confidentiality Program (ACP) authorization card
_____ 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 (506 Form) or other identification issued by a recognized Indian tribe in Arizona
_____ Documentation from a state, tribal or federal government agency (Social Security Administration, Veteran's Administration, Arizona Department of Economic Security)
Printed Name of Affiant: ____________________________________________________
Signature of Affiant: ________________________________________________________
Acknowledgement
State of Arizona
County of Maricopa___________________
The foregoing was acknowledged before me this ____ day of ______________, 20_____,
By _____________________________________________________________________.
My Commission Expires
______________________ _______________________________________________
Notary Public
Arizona Department of Education
Arizona Residency Guidelines
REVISED April 24, 2019
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.
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:
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 of the student and the student is placed with a relative per A.R.S. 15-823 and the placement is not to avoid tuition payment.
B. The student is a resident of the United States and evidence indicates that because the parents are 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 served by placement with a person who does not have legal custody of the child and who is a resident within the school district, unless it is determined that the placement is solely for the purpose of obtaining an education in this state without payment of tuition. PROOF OF RESIDENCY IS NOT REQUIRED FOR HOMELESS STUDENTS.
C. The student presents a certificate of educational convenience issued by the County School Superintendent pursuant to A.R.S. 15-825.
D. The student is a child of a nonresident teaching or research faculty member of a community college district or state university or a nonresident graduate or undergraduate student of a community college district or state university whose parent's presence at the district or university is of international, national, state, or local benefit.
The District shall admit the following students, charging tuition as prescribed in statute:
A. The child of an Arizona resident who is not a resident of the District, if the District provides a high school and the student is a resident of an Arizona common school district that is not in a high school district and 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.
B. For an Arizona resident who is not a resident of the District, if the district of residence provides only financing for students who are instructed by another school district and for students from a unified district that does not offer instruction in the student's grade.
C. A pupil who is issued a certificate of educational convenience to attend school in the School District or adjoining the school district to that in which the pupil is placed by an agency of this state or a state 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 in at the academy, which is a condition of enrollment of 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. 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 guardian must have an affidavit of shared residency form completed 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 passportArizona Address Confidentiality Program (ACP) authorization card.
A public school shall accept the substitute address as the address of record and shall verify student enrollment eligibility through the Secretary of State. The Secretary of State shall facilitate the transfer of student records from one school to another.
D. Property deed
E. Mortgage documents
F. Property tax bill
G. Rental agreement or lease (including Section 8 agreement or off-base military housing)
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 tribal enrollment (506 Form) 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.)
N. Temporary on-base billeting facility (for military families)
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: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
8-201
15-802
15-816 through 15-816.07
15-821
15-823 through 15-825
41-166
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
STATE OF ARIZONA
AFFIDAVIT OF SHARED RESIDENCE
Student Name: ___________________________________________________________
Parent/Legal Guardian Name: ________________________________________________
School Name: ____________________________________________________________
School District or Charter Holder: _____________________________________________
Name of Arizona Resident: __________________________________________________
I, (resident name) __________________________________________, 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 vehicle registration
_____ Valid Arizona Address Confidentiality Program (ACP) authorization card
_____ 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 (506 Form) or other identification issued by a recognized Indian tribe in Arizona
_____ Documentation from a state, tribal or federal government agency (Social Security Administration, Veteran's Administration, Arizona Department of Economic Security)
Printed Name of Affiant: ____________________________________________________
Signature of Affiant: ________________________________________________________
Acknowledgement
State of Arizona
County of Maricopa___________________
The foregoing was acknowledged before me this ____ day of ______________, 20_____,
By _____________________________________________________________________.
My Commission Expires
______________________ _______________________________________________
Notary Public
Arizona Department of Education
Arizona Residency Guidelines
REVISED April 24, 2019
(Foreign Exchange Students)
The Governing Board may admit nonresident foreign students without payment of tuition or as it may otherwise prescribe.
The Governing Board may admit the same number of nonresident foreign students who are in exchange programs and who are recipients of a J-1 visa pursuant to federal law, that is equal to the number of resident students enrolled in that local education agency who are currently participating in a foreign exchange program, as determined by the Department of Education, without the payment of tuition.
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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-823
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 the District_______________.
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.
(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.
Adopted: date of Manual adoptionCredit 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: <-- z2AdoptionDate -->
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.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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
JFABDA - Admission of Students in Foster Care
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 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;
Glendale Elementary School District Office
Attention: Director of School Effectiveness
7301 North 58th Avenue
Glendale, AZ 85301
Telephone: (623) 237-7153______________________________
______________________________
______________________________
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.
This policy is intended to direct compliance with Arizona State Laws, Arizona Administrative Code, and the Every Student Succeeds Act (ESSA) Foster Care provisions.
The implementation of this policy shall assure that:
A. children in foster care are not stigmatized or segregated on the basis of their status as foster children;
B. children in foster care are immediately enrolled in their school of origin, unless a determination is made that it is not in such child’s best interest to attend the school of origin, which decision shall be based on all factors relating to the child’s best interest, including consideration of the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement;
C. when a determination is made that it is not in such child’s best interest to remain in the school of origin, the child is immediately enrolled in a new school, even if the child is unable to produce records normally required for enrollment;
D. the enrolling school shall immediately contact the school last attended by any such child to obtain relevant academic and other records;
E. transportation is provided to and from the school of origin or school of placement for the foster child as applicable and found in the law and Policy JFAA; and
F. the school/District (LEA) will work with the Department of Child Safety (or tribal agency) to ensure that the provisions of ESSA relating to foster children are implemented.
Definitions
The term "children in foster care" means children who are under twenty-four (24) hour substitute care while placed away from their parents or guardians and for whom the Child Welfare Agency (DCS or tribal) has placement and care responsibility.
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.
Liaison or Point of Contact (POC)
for Children in Foster Care
The Superintendent will designate an appropriate staff person of authority as Liaison or Point of Contact (POC) for children in foster care who will carry out duties as assigned. Among those duties will be the responsibility to coordinate activities and programs in the best interest of foster children that will include, but not be limited to, establishment of procedures to:
A. Continue the student's education in the school of origin or placement;
B. Collaborate with the Child Welfare Agency to maintain school stability;
C. Ensure the best interest is determined regarding school selection;
D. Ensure necessary transportation is provided, funded, and arranged;
E. Ensure immediate enrollment and transfer of records; and
F. Ensure school staff are trained on the provisions and educational needs of children in foster care.
Other Relevant Policies
and Procedures
Implementation of the Every Student Succeeds Act (ESSA) Foster Care provisions 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: date of Manual adoption<-- z2AdoptionDate -->
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
(Foster Care Provisions)
CROSS REF.:
EEAA - Walkers and Riders
IKEB - Acceleration
JF - Student Admissions
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
EXHIBIT
ADMISSION OF STUDENTS
IN FOSTER CARE
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 (Foster Care provisions), the Child Welfare Agency and parent or guardian of the student is to receive and acknowledge notice of the rights set forth below.
The parent or guardian of a child in foster care has the right to:
A. Continue the student's education in the school of origin for the duration of placement;
B. Enroll the student in any public school that students who live in the attendance area in which the student is actually living are eligible to attend;
C. Appeal if the child in foster care 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 general student population;
E. Receive educational services for which such families and students are eligible, including:
1. Transportation services;
2. Meals programs;
3. Head Start and Even Start programs and preschool programs administered by the School; and
4. Referrals to health care and immunization services, dental services, mental health services, and other appropriate services.
F. Identification or service without being stigmatized as foster by school personnel.
A parent or guardian (student if unaccompanied) may contact the State Coordinator for Education of Foster Children and Youths at;
The Arizona Department of Education
1535 W Jefferson
Phoenix, AZ 85007
Telephone: (602) 542-4963
A parent or guardian may contact the District Liaison/Point of Contact (POC) for Foster Children and Youths at;
Glendale Elementary School District Office
Attention: Director of School Effectiveness
7301 North 58th Avenue
Glendale, AZ 85301
Telephone: (623) 237-7153_____________________________
_____________________________
Telephone: __________________
E-mail: _____________________
The District Liaison/Point of Contact (POC) for children in foster care shall ensure that the parent or guardian of a child in foster care, 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.
Glendale Elementary School District shall allow open enrollment within its schools pursuant to this policy and The District has an open-enrollment program as set forth in A.R.S. 15-816 et seq. The District shall allow resident transfer pupils to enroll in any school within the School District, allow nonresident pupils to enroll in any school within the District, and allow resident pupils to enroll in outside school districts pursuant to the terms of this policy and without charging tuition, except as expressly allowed by 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. 15-816.01.
For purposes of this policy, a nonresident pupil is a resident of the state of Arizona who resides outside of the District's boundaries but who seeks to enroll in the District. A resident pupil is a resident of the state of Arizona who resides in the District's boundaries but who seeks to enroll in a school outside of the student's attendance area.
The Superintendent shall develop and implement an administrative regulation and any other documents needed to administer the District's open enrollment program.
Admission Criteria
Schools shall require applicants to agree to policies regarding student conduct and the same enrollment commitments applicable to resident students.
The Superintendent shall determine if nonresident students and resident transfer students will be admitted without tuition in accordance with the following criteria:
● The school in which the student seeks to enroll has the capacity to serve the student without adversely impacting educational opportunities for resident students attending their resident school. Factors to be considered in making this determination include, but are not limited to the following:
■ Physical capacity of the school building and classrooms;
■ Availability of staff (i.e., administrators, teachers, other certificated employees, related service providers);
■ Capacity in relevant special programs; and
■ Availability of other resources.
● The student's prior status in the educational and juvenile court systems, including:
■ Whether the student has been expelled by another school or is in the process of being expelled by another school; and
■ Whether the student is in compliance with any conditions imposed by a juvenile court.
■ Whether the student is in the process of serving a long-term suspension, or is being considered for long-term suspension.
Failure to disclose the above on the District's Open Enrollment Application may result in revocation of the student's acceptance for open enrollment.
● The student's admission does not violate the provisions of a court order or agreement of desegregation in the student's resident district.
Enrollment Priority Order
The District shall give enrollment priority to applicants in the following order, so long as their enrollment can be accomplished in accordance with the District's admission criteria:
● All resident transfer students and nonresident students currently enrolled as an "Open Enrollment" in a District school and their siblings shall be given first priority.
● All resident transfer students and nonresident students not currently enrolled whose parents are employed by the District shall be given second priority.
● The remaining nonresident transfer students shall be given third priority.
● The remaining resident transfer students shall be given last priority.
● If the District is unable to admit all applicants to a certain school due to capacity, then applicants shall be considered on a first come, first served basis within each of the four priority levels listed above.
Transportation Services
The District shall not provide transportation to applicants. The District shall provide transportation 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 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
District resident pupils may enroll in another school district. 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, 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. 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:
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 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.
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 from another educational institution or who is in 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 pupils 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:
Adopted: January 15, 20131. 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:
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: <-- z2AdoptionDate -->
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
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
IIB - Class Size
JF - Student Admissions
JFAA - Admission of Resident Students
JFAB - Admission of Nonresident Students
JFABD - Admission of Homeless Students
JFABDA - Admission of Students in Foster Care
JG - Assignment of Students to Classes and Grade Levels
Pursuant to the Unsafe School Choice Option of the Every Student Succeeds Act of 2015, 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: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-341
13-3726
20 U.S.C. 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
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 from another educational institution or who is in 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.
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: <-- z2AdoptionDate -->
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
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
IIB - Class Size
JF - Student Admissions
JFAA - Admission of Resident Students
JFAB - Admission of Nonresident Students
JFABD - Admission of Homeless Students
JFABDA - Admission of Students in Foster Care
JG - Assignment of Students to Classes and Grade Levels
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:
A. Parents or legal guardians moving from the District or to an area served by another school within the District.
B. Parents requesting the withdrawal of students who have passed their sixteenth birthday.
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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-827
15-828
15-829
CROSS REF.:
JF - Student Admissions
Students who apply for admission to grades two (2) through eight twelve (812) 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 eight twelve (812) 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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-342
15-745
CROSS REF.:
IKE - Promotion and Retention of Students
IKEB - Acceleration
IKF - Graduation Requirements
JFB - Open Enrollment
REGULATION
OPEN ENROLLMENT
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 ______________, pupils shall be selected for 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 and the papers placed in a container. Names will be drawn by priority categories and numbered in the order in which they are drawn. All applications properly submitted will be drawn and numbered for enrollment consideration. The applicants whose names are selected in order, up to the capacity limitations established, shall be permitted to enroll in the school. All others drawn will be placed on a waiting list with priority in accord with the lowest number. Parents are encouraged to be present at the drawing.
REGULATION
ASSIGNMENT OF STUDENTS TOTO
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
OPEN ENROLLMENT
ATTENDANCE APPLICATION
File this application at the School District office
Student's name ________________________________________________________
Last First M.I.
Current grade ______ Birth date ____________ Home phone __________________
Work phone ______________________ Message phone ______________________
Parent's name _________________________________________________________
Last First M.I.
Home address _________________________________________________________
Street City Zip
E-mail address _________________________________________________________
The above-named student: ◻ resides outside the School District; or
◻ resides within the School District
Present school of attendance
School ____________________________ District ___________________________
City ______________________________ County ___________________________
Request assignment to __________________________________________ School
Is the above-named student:
◻ Yes ◻ No Expelled or long-term suspended from any school or school district?
◻ Yes ◻ No Currently subject to expulsion or long-term suspension from a school
or school district?
◻ Yes ◻ No ◻ N/A In compliance with conditions imposed by a juvenile court?
◻ Yes ◻ No ◻ N/A In compliance with a condition of disciplinary action in any
school or school district?
Note: The following conditions apply to the 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.
3. On 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 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 *** DO NOT WRITE BELOW THIS LINE
_____________________________________________________________________
Student number _______________________ Date stamp _____________________
Filing Date
◻ Accepted ◻ Placed on waiting list Principal ____________________________
Date
◻ Rejected - Reason for rejection _________________________________________
Copies sent by school to applicant and Superintendent's office.
Date sent _________________________________________
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; 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 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, the school 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:
A. The scheduling of medical and dental appointments after school hours except in cases of emergency.
B. The scheduling of family vacations during school vacation and recess periods.
The school may require an appointment card or a letter from a hospital 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: date of Manual adoption<-- z2AdoptionDate -->
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)
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 parents or persons having custody of a student upon the student's absence.
Students A. Students in grades kindergarten (K) through eight six (86):
Within two (2) hours after the first class in which the student is absent.
B. Students in grades seven (7) and eight (8):
1. Within two (2) hours of an absence when the absence is from the student's first class of the day.
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 eight (8), the District shall notify parents 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.
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 Manual adoption<-- z2AdoptionDate -->
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:
A. The person who has custody of the student has given written consent.
B. Any religious instruction or exercise takes place at a suitable place away from school property designated by a church or religious denomination or group.
C. Released time shall not interfere with the student's normal schedule.
D. Any tardiness related to religious instruction will be unexcused.
E. 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 of the student.
G. Discipline problems, reporting to parents, and attendance and other procedures necessary to class operation shall be the responsibility of the religion class instructors or supervisors.
FH. Religion instructors shall be responsible for notifying parents when students violate attendance policies.
GI. Changes in policies relating to religion classes must be reviewed by the school administration and the Governing Board.
HJ. 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.
IK. The desirability and value of the released-time program will be evaluated annually by the school administration and the Governing Board.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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 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:
A. Authorize absences from school for a student with a chronic health problem without the prior consent of the student's parent or guardian.
B. Recommend, prescribe or provide medication to a student with a chronic health problem without the prior consent of the student's parent or guardian.
The Superintendent shall develop regulations for meeting the requirements of this policy.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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
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 adoption<-- z2AdoptionDate -->
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
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:
A. Achievement of the course goals, improvement of the courses of study, and planning of classroom activities.
B. Freedom of expression, recognizing that every privilege and right has a corresponding responsibility.
C. Student participation in assembly programs and school-sponsored forums of interest.
D. Participation in student government organizations that provide students with a voice in school affairs.
E. Cocurricular or extracurricular activities that broaden their educational experiences.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-341
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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-341
REGULATION
STUDENT PUBLICATIONS
Students shall be required to submit publications to the principal for approval prior to distribution.
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:
A. Any conduct intended to obstruct, disrupt, or interfere with teaching, research, service, administrative or disciplinary functions, or any activity sponsored or approved by the Board.
B. Threatening an educational institution by interference with or disruption of the school per A.R.S. 13-2911 and 15-841.
C. Physical abuse of or threat of harm to any person on District owned or controlled property or at District sponsored or supervised functions.
D. Damage or threat of damage to property of the District, regardless of the location, or to property of a member of the community or a visitor to the school, when such property is located on District controlled premises.
E. Forceful or unauthorized entry to or occupation of District facilities, including both buildings and grounds.
F. Unlawful use, possession, distribution, or sale of tobacco, alcohol, or drugs or other illegal contraband on District property or at school-sponsored functions.
G. Conduct or speech that violates commonly accepted standards of the District and that, under the circumstances, has no redeeming social value.
H. Failure to comply with the lawful directions of District officials or any other law enforcement officers acting in performance of their duties, and failure to identify themselves to such officials or officers when lawfully requested to do so.
I. Knowingly committing a violation of District rules and regulations. Proof that an alleged violator has a reasonable opportunity to become aware of such rules and regulations shall be sufficient proof that the violation was done knowingly.
J. Engaging in any conduct constituting a breach of any federal, state, or city law or duly adopted policy of the Board.
K. 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 adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
13-105
13-2911
15-341
15-507
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. This policy is intended to provide guidance for students, staff, and parents.
The Board authorizes the Superintendent to develop and enforce school regulations pertaining to student dress that promote safety and a positive learning environment. Student dress shall not:
A. Present a hazard to the health or safety of the student or to others in the school.
B. Materially and substantially interfere with school work, create disorder, or disrupt the educational program.
C. Cause excessive wear or damage to school property.
D. Include any type of clothing, accessories and/or jewelry that is worn with the intent to convey affiliation with a criminal street gang as defined in A.R.S. 13-105.
Discriminatory or obscene language or symbols, or symbols of sex, drugs, or alcohol on clothing are prohibited.
Students may wear clothing, accessories and jewelry that display religious messages or religious symbols in the same manner and to the same extent that other types of clothing, accessories and jewelry that display messages or symbols are permitted.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
13-105
15-110
15-341
CROSS REF.:
JICEC - Freedom of Expression
JICF - Secret Societies/Gang Activity
JJJ - Extracurricular Activity Eligibility
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 adoption<-- z2AdoptionDate -->
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
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.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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:
A. Maintain order and discipline on District property in a content and viewpoint neutral manner.
B. Protect the safety of students, employees, and visitors on District property.
C. Adopt and enforce policies and regulations concerning student speech while on District property in a manner that does not violate a student's state and federal constitutional rights.
D. Adopt and enforce policies and regulations that ban student clothing, accessories, and jewelry worn to convey 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:
A. Submitted to the school principal a written complaint containing specific facts of the alleged violation.
B. The principal shall investigate the complaint and provide a written response within fifteen (15) days of 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:
A. Submit written complaint containing specific facts of the alleged violation to the Superintendent or other designated administrator.
B. The Superintendent or other designated administrator shall investigate the complaint and provide a written response within twenty-five (25) days of receiving the complaint describing any action taken 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: date of Manual adoption<-- z2AdoptionDate -->
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
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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
12-661
13-105
13-1202
13-2911
15-341
15-342
15-507
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
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:
A. The act was committed in connection with an initiation into, an affiliation with, or the maintenance of membership in any organization that is affiliated with an education institution.
B. The act contributes to a substantial risk of potential physical injury, mental harm or degradation, or 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:
A. Customary athletic events, contests or competitions that are sponsored by an educational institution.
B. Any activity or conduct that furthers the goals of a legitimate educational curriculum, a 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 Manual adoption<-- z2AdoptionDate -->
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
The possession or use of tobacco products, tobacco substitutes, electronic cigarettes, other chemical inhalation devices, or vapor products is prohibited in the following locations:
A. School grounds.
B. School buildings.
C. School parking lots.
D. School playing fields.
E. School buses and other District vehicles.
F. 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: date of Manual adoption<-- z2AdoptionDate -->
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
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
A. alcohol,
B. drugs,
C. synthetic drugs,
D. counterfeit drugs, or
E. imitation drugs,
on school property or at school events is prohibited. Nonmedical 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:
A. All dangerous controlled substances prohibited by law.
B. All alcoholic beverages.
C. Any prescription or over-the-counter drug, except those for which permission to use in school has been granted pursuant to Board policy.
D. Hallucinogenic substances.
E. Inhalants.
F. Synthetic, counterfeit or imitation drugs.
A compound or substance, regardless of its contents, compound or substance, that produces in the user an experience, effect and/or display of effects that mimic the experience, effect and/or display of effects produced by substances controlled or prohibited by law, or that is represented as producing in the user 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: date of Manual adoption<-- z2AdoptionDate -->
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.:
IHAMA - Teaching About Drugs, Alcohol and Tobacco
JLC - Student Health Services and Requirements
JLCD - Administering Medicines to Students
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, other than a folding pocket knife with a blade length of not more than 2-1/2 inches that cannot be locked in an open position.
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.
Adopted: date of Manual adoptionThe 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: <-- z2AdoptionDate -->
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
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, harassment, or intimidation 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, harassment, or intimidation which occurs outside of the school and the school day when such bullying, harassment, or intimidation 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/
Harassment/Intimidation
A student who is experiencing bullying, harassment, intimidation or believes another student is experiencing bullying, harassment, or intimidation 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, harassed or intimidated 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, harassment, or intimidation 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, harassment, or intimidation the principal shall provide to the student who has allegedly been bullied, harassed, or intimidated a written copy of student rights, protections and support services available to the student and shall notify the student's parent(s)/guardian(s) of the suspected incident of harassment, intimidation or bullying.
The principal shall investigate all reports of bullying, harassment, or intimidation. If the principal determines that bullying, harassment, or intimidation 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, harassment, or intimidation 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, harassment, or intimidation. 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<-- z2AdoptionDate -->
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
JK - Student Discipline
JKD - Student Suspension
JKDA - Removal of Students from School-Sponsored Activities
JKE - Expulsion of Students
JR - Student Records
EXHIBIT
STUDENT BULLYING / HARASSMENT /
INTIMIDATION
(To be displayed in school buildings
and in student handbooks)
The Governing Board of the Glendale Elementary _______________________________ 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, harassment, or intimidation 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 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.
Students are prohibited from bullying, harassment, or intimidation 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, harassment, or intimidation 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, harassed, or intimidated or suspect another student is bullied, harassed, or intimidated 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, harassment, or intimidation 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, harassing, or intimidating 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 Policy JICK or this exhibit, 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, harassment, or intimidation is a violation of the law.
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) , School Liaison Officer (SLO) or 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) 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/SLO, 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.
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 and any conduct that poses a threat of death or serious physical injury to employees, students or others on school property. All such reports shall be documented and communicated to the Superintendent who shall be responsible for reporting to local law enforcement. Conduct that is considered to be bullying, harassment or intimidation shall be addressed according to Policy JICK as required in A.R.S. 15-341(A)(36).
The District is to notify the parent or guardian of each student who is involved in a suspected crime or any conduct that is described above, subject to the requirements of federal law.
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 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 and notify campus administration. 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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
1-215
8-303
8-304
8-802
8-821
8-823
13-3881
13-3883
15-153
15-341
15-342
A.G.O.
I04-003
I77-211
I82-094
I88-062
I91-035
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: <-- z2AdoptionDate -->
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
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.
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:
A. The topic is not the subject of disciplinary or other proceedings under other policies and regulations of the District, and
B. The procedure 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.
A complaint or grievance may be raised regarding one (1) or more of the following:
A. Violation of the student's constitutional rights.
B. Denial of an equal opportunity to participate in any program or activity for which the student qualifies not related to the student's individual capabilities.
C. Discriminatory treatment on the basis of race, color, religion, sex, age, national origin, or disability.
D. 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: date of Manual adoption<-- z2AdoptionDate -->
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
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 ____________
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: <-- z2AdoptionDate -->
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.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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:
A. Such meetings are voluntary and student initiated.
B. There is no sponsorship of such meetings by the District, District employees or governmental entities, or employees of governmental entities.
C. District employees present at religious meetings will be present only in a nonparticipatory capacity.
D. Such meetings shall not materially and substantially interfere with the orderly conduct of the educational activities of the District.
E. Nonschool persons shall not be permitted to direct, conduct, control, or regularly attend such student group meetings.
Neither the District, any employee or agent of the District, nor of any state or federal governmental entity shall be permitted to:
A. Influence the form or content of any prayer or other religious activity connected with student meetings.
B. Require any person to participate in prayer or other religious activity.
C. Expend public funds beyond the incidental cost of providing the space for such student-initiated meetings.
D. Compel any employee of the District to attend a school meeting that is contrary to the beliefs of the employee.
E. Sanction meetings that are otherwise unlawful.
F. Limit the rights of groups of students to avail themselves under the provisions of this policy to a specified numerical size.
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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-720
20 U.S.C. 4071 et seq., Equal Access Act, (Section 801)
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.
The Superintendent may require each school to develop rules and regulations concerning such activities.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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:
A. Funds, if collected, shall be credited to the appropriate student activities fund account.
B. The participation in the project will not deprive students of time needed in acquiring basic skills.
C. The regular schedule will not be interrupted unless the majority of the students benefit through their participation.
D. The activity shall contribute to the educational program.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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.
Participation in contests or fund-raising activities shall be governed by the following criteria:
A. The aim of the activity shall benefit youth in educational, civic, social, and ethical development.
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 adoption<-- z2AdoptionDate -->
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 Manual adoption<-- z2AdoptionDate -->
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 Manual adoption<-- z2AdoptionDate -->
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:
A. The primary educational aims and the needs and interests of the students must be a consideration at all times.
B. The school and its students shall not be used to promote private or commercial interests.
C. All materials or activities initiated by private sources shall be judged on grounds of their:
1. Direct contribution to educational values.
2. Factual accuracy.
3. Good taste.
D. Consideration shall be given in all cases to protecting students and teachers against unreasonable added work and responsibilities.
E. Arizona Interscholastic Association regulations shall prevail with high school students who officially represent 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:
A. For each type of sport in which the student engages, the parents or guardian must give written consent.
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 District shall prescribe and enforce policies and procedures relating to the health and safety of all pupils participating in District-sponsored practice sessions or games or other interscholastic athletic activities.
Participants must be provided access to water at all times during practice sessions, games, or other interscholastic athletic activities.
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-EA) 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:
A. dance,
B. rhythmic gymnastics,
C. competition or exhibitions of academic skills or knowledge or other similar forms of physical noncontact activities,
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 and the pupil's parent or guardian shall be notified. 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.
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 heat-related illnesses, sudden cardiac death and prescription opioid use. Before a pupil participates in any District-sponsored practice session, game or other interscholastic athletic activity, the pupil and the pupil's parent must be provided with information at least once each school year on the risks of heat-related illnesses, sudden cardiac death and prescription opioid addiction.
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 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: date of Manual adoption<-- z2AdoptionDate -->
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:
A. My institution has provided me with specific educational materials including the Centers for Disease Control (CDC) Concussion Fact Sheet (http://www.cdc.gov/concussion/HeadsUp/youth.html) on what a concussion is and has given me an opportunity to ask questions.
B. I have fully disclosed to the staff any prior medical conditions and will also disclose any future conditions.
C. There is a possibility that participation in my sport may result in a head injury and/or concussion. In rare cases, these concussions can cause permanent brain damage, and even death.
D. A concussion is a brain injury, which I am responsible for reporting to the team physician or athletic trainer.
E. A concussion can affect my ability to perform everyday activities, and affect my reaction time, balance, sleep, and classroom performance.
F. Some of the symptoms of concussion may be noticed right away while other symptoms can show up hours or days after the injury.
G. If I suspect a teammate has a concussion, I am responsible for reporting the injury to the school staff.
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 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 so by a qualified health care professional.
J. Following concussion the brain needs time to heal and I am much more likely to have a repeat concussion or further damage if I return to play before 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: ______________________________
Parent or legal guardian must print and sign name below and indicate date signed.
Print Name: _________________________ Signature: _________________________
Date: ______________________________
Reproduction of AIA FORM 15.7-C 02/11 which may be used
in lieu of this document.
EXHIBIT
STUDENT DISCIPLINE
STUDENT CODE OF CONDUCT
Abuse of members of the educational community: Staff, Students, Visitors
A. Verbal disrespect to staff members acting in their capacity as District employees.
B. Physical injury to staff members acting in their capacity as District employees.
Alcohol, drugs, vapor releasing substances, and materials designed to look like these (possession, sale, distribution)
A. Use, possession, or being under the influence of alcohol or illicit drugs on school property or at school events; possession of paraphernalia associated with drug use.
B. Sale or distribution of alcohol or illicit drugs on school property or at school events.
C. Over-the-counter drugs.
Arson
Intentionally starting a fire.
Assisting or encouraging another to engage in misconduct
Attempt to Engage in misconduct
Bomb threat
Bus violations
Failure to comply with rules established for the use of school transportation.
Conduct which violates federal, state, and local law or District policy
Dangerous activities
Creating a hazardous or physically offensive condition by any act that serves no legitimate purpose.
1. Obstructing vehicular or pedestrian traffic.
2. Smoke bombs.
3. Fire crackers.
4. Lighting a match.
5. Laser pointers.
6. Rock or sand throwing.
Defamation
A. Libel.
B. Invasion of privacy.
Defiance of authority
A. Refusal to work
B. Failure/refusal to comply with reasonable rules or requests of school personnel.
C. Talking back.
D. Insubordination.
Destruction of property
A. Vandalism/graffiti.
B. Defacing or damaging school property or the personal property of others.
Disorderly conduct
Behavior disruptive to school climate or the educational process, i.e.,
1. Pushing.
2. Blurting out in class.
3. Hitting (smacking) other students.
4. Running around the room.
5. Tripping.
6. Kicking.
7. Food fight.
8. Gang disruption.
Dress code
Failure to comply with the school dress code.
Illegal acts not otherwise specified
Gambling.
Inappropriate activation of emergency alarms and fire control devices or false reporting
Interference with disciplinary and administrative proceeding
A. Influencing a witness.
B. Tampering with a witness.
C. Tampering with physical evidence.
D. Obstructing an investigation.
Intimidation
A. Statements or actions that intimidate or demean others, i.e.,
1. Threats.
2. Extortion.
3. Harassment (sexual, racial, disability).
4. Bullying.
5. Verbal assault.
B. Gang behavior.
Misconduct involving computer or Internet
Misrepresentation
A. Signing any signature not their own.
B. Forgery.
C. Plagiarism:
Submission of work or answers of another as one's own work
D. Cheating:
Unauthorized possession or knowledge of testing materials.
E. Misrepresentation that activity is school sponsored.
Physical aggression
A. Physical contact with another person intended to cause injury.
B. One-way, with intent to hurt.
C. Pushing.
D. Tripping.
E. Kicking.
Physical assault
A. Physical attack upon another person who does not indicate willingness to engage in the conflict; sexual contact.
B. One-way, with intent to hurt.
Possession of dangerous of harmful substances
A. Mercury.
B. Acid.
Prohibition of being on campus while suspended or expelled
Sexual harassment
A. Indecent exposure.
B. Verbal.
C. Physical.
D. Environmental.
Tardiness
Theft
Stealing or concealing school property or the property of others or participating as an accomplice, including copying copyrighted software.
All interscholastic activities in grades six (if part of a middle school), seven, and eight grades __________________________ 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: date of Manual adoption<-- z2AdoptionDate -->
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
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, 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, disability, national origin, ancestry or any other unlawful reason. A substantial or deliberate failure to comply with the prohibition against race, color, religion, sex, 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 school shall ensure that a copy of all rules pertaining to discipline, suspension, and expulsion of pupils are distributed to the parents of each pupil at the time the pupil is enrolled in school.
The 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:
A. Rules established for the referral of students.
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.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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
EXHIBIT
STUDENT DISCIPLINE
A GUIDE TO DISCIPLINARY ACTIONS
The chart showing the type(s) of disciplinary action(s) that may be taken for each problem area may be found on the immediately following page(s).
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.
|
Arson.
|
Bomb threat.
|
Cheating.
|
Defiance of authority.
|
Dishonesty.
|
Disruptive conduct.
|
Disturbing school meeting or activity.
|
Dress or appearance violation.
|
Drug possession.
|
Drug sale.
|
Drug use.
|
Endangerment.
|
Ethnic slurs.
|
Extortion.
|
False alarm (emergency, fire, security, et cetera).
|
False information or identification, giving of.
|
Fighting.
|
Firearm/explosive device/knife.
|
Forgery.
|
Gambling.
|
Harassment/threats/verbal abuse.
|
Hazardous or physically offensive condition, causing.
|
Hazing.
|
Improper sexual advances.
|
Insubordination.
|
Insult/verbal abuse of a faculty or staff member.
|
Lewd/lascivious behavior.
|
Littering.
|
Malicious mischief.
|
Obstructing an investigation.
|
Obstructing traffic, vehicular or pedestrian.
|
Physical assault.
|
Plagiarism.
|
Resisting authority.
|
Slander.
|
Tardiness.
|
Theft of property (school related).
|
Tobacco product use.
|
Unauthorized departure from class, campus, or event.
|
Unauthorized entry/trespass/loitering.
|
Vandalism or destruction of property (school related).
|
Violation of a Governing Board policy or school rule.
|
Violation of a local, state, or federal law.
|
Vulgar or obscene language, gestures, or symbols.
|
Weapon violation (not firearm/explosive device/knife).
|
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 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:
A. Days one through five (1-5) of the heat-acclimatization period consist of the first five (5) days of formal practice. During this time, athletes may not participate in more than one (1) practice per day.
B. If a practice is interrupted by inclement weather or heat restrictions, the practice should recommence once conditions are deemed safe. Total practice time should not exceed three (3) hours in any one (1) day. In addition to practice, a one (1)-hour maximum walk-through is permitted during days one through five (1-5) of the heat-acclimatization period. However, a three (3)-hour recovery period should be inserted between the practice and walk-through (or vice versa). (Note: A walk-through is defined as no contact with other individuals, dummies, sleds or shields).
C. During days one through three (1-3) of the heat-acclimatization period, in sports requiring helmets or shoulder pads, a helmet is the only protective equipment permitted. The use of shields and dummies during this time is permissible as a noncontact teaching tool.
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 initiated.
Days Six through Fourteen:
A. Beginning no earlier than day six (6) and continuing through day fourteen (14), double-practice days must be followed by a single-practice day.
B. On single-practice days, one (1) walk-through is permitted, separated from the practice by at least three (3) hours of continuous rest. When a double-practice day is followed by a rest day, another double-practice day is permitted after the rest day.
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 should be separated by at least three (3) continuous hours in a cool environment.
D. Beginning on day seven (7), all protective equipment may be worn and full contact may begin.
E. Full-contact sports may begin one hundred percent (100%) live contact drills no earlier than day seven (7).
F. Because the risk of exertional heat illnesses during the preseason heat-acclimatization period is high, we strongly recommend that an athletic trainer be on site before, during, and after all practices.
14.17.3 - Hydration Strategies:
A. Sufficient, sanitary, and appropriate fluid should be readily accessible and consumed at regular intervals before, during, and after all sports participation and other physical activities to offset sweat loss and maintain adequate hydration while avoiding overdrinking.
B. Generally, one hundred to two hundred fifty milliliters (100 to 250 ml; approximately three [3] to eight [8] oz.) 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 1.5 L; approximately thirty-four to fifty ounces [34 -50] oz.) per hour for adolescent boys and girls is enough to sufficiently minimize sweating-induced body-water deficits during exercise and other physical activity as long as their pre-activity hydration status is good.
C. Pre-activity to post-activity body-weight changes can provide more specific insight to a person's hydration status and rehydration needs. Athletes should be well-hydrated before commencing all activities (see guideline box format).
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.
The Glendale Elementary School ________________________________ School District No. 40 ____ disallows corporal punishment.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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. Detention during break or recess time shall not impinge on meeting the student physical activity/recess requirements set forth in Policy JL-Student Wellness. A student However, a student shall not be denied the privilege of eating. Detention should not exceed one (1) hour per day.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-843
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, principal, or other school officials granted this power by the Governing Board of the School District. If a danger to students or staff members is present, the Superintendent 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. In no instance 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 school authorities have of the alleged misconduct.
1. After having received notice, the student will be asked for an explanation of the situation.
2. The authorized District personnel shall make reasonable efforts to verify facts and statements prior to making a judgment.
B. Step 2: Following Step 1:
1. Provided that a written record of the action taken is kept on file, authorized District personnel may:
a. Suspend the student for up to ten (10) days.
b. Choose other disciplinary alternatives.
c. Exonerate the student.
d. Suspend the student for ten (10) days pending a recommendation that the student be given a long-term suspension or expulsion or both.
2. When suspension is involved:
a. A parent must be notified before the student is allowed to leave campus. If no parent contact can be made, the student may be isolated until dismissal time and then given a written message to the parents.
b. A letter to the parents will be written within a reasonable time to explain the terms (including the possibility that a long-term suspension and/or expulsion is being recommended) and reasons for the suspension and to request a meeting to solicit their help.
3. 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 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 requested or delivered by hand (with an adult witness present) at least five (5) working days prior to the formal hearing. A copy of this letter will remain on file, and the letter should contain the following information:
1. The charges and the rule or regulation violated.
2. The extent of the punishment to be considered.
3. The date, time, and place of the formal hearing.
4. A designation of the District's witnesses.
5. That the student may present witnesses.
6. That the student may be represented by counsel at student's expense.
7. 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:
1. Nothing in these procedures shall be construed to prevent the students who are subject to the action and their parents or legal guardians and legal counsel from attending any executive (closed) session pertaining to the proposed disciplinary action, or from having access to the minutes and testimony of 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 bias 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 appropriate manner. In addition, parents are to be allowed to tape-record the hearing at their own expense.
8. 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 follows:
1. Upon the conclusion of a hearing by a hearing officer in which a decision of long-term suspension is made, the decision may be appealed to the Board. To arrange such an appeal, the parent(s) of the suspended student or the student must deliver to the Superintendent a letter directed to the Board within five (5) days after receiving written notice of the long-term suspension. The letter must 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 determines that the student was not afforded due process rights or that this policy was not followed in all substantive respects, the student shall be given another hearing. If the Board determines that the 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 school authorities have of the alleged misconduct.
1. After having received notice, the student will be asked for an explanation of the situation.
2. The authorized District personnel involved shall make reasonable efforts to verify facts and statements prior to making a judgment.
B. Step 2: Following Step 1:
1. Provided that a written record of the action taken is kept on file, authorized District personnel may:
a. Suspend the student for up to ten (10) days.
b. Choose other disciplinary alternatives.
c. Exonerate the student.
d. Suspend the student for ten (10) days pending a recommendation that the student be given a long-term suspension or expulsion or both.
2. When suspension is involved:
a. A parent must be notified before the student is allowed to leave campus. If no parent contact can be made, the student may be isolated until dismissal time and then given a written message to the parents.
b. A letter to the parents will be written within a reasonable time to explain the terms (including the possibility that a long-term suspension and/or expulsion is being recommended) and reasons for the suspension and to request a meeting to solicit their help.
3. 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, or a series of suspensions totaling more than ten (10) days, may constitute a change of placement and shall require a manifestation determination conference. Such a conference shall be for the purpose of determining 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 following the District policies for students in general, provided that educational services are continued during the period of disciplinary removal for a student with a disability qualified under the Individuals with Disabilities Education Act (IDEA). A student with a disability qualified for educational services under the Americans with 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 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 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'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'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:
A. Suspension from school has been determined as the punishment for an offense and any appeal has been denied.
B. The immediate suspension was not due to:
1. Fighting or engaging in violent behavior
2. Threatening an educational institution
3. Selling, using or possessing weapons, firearms, explosives, or dangerous instruments
4. Making a bomb threat
5. Engaging in arson
C. The student has not served more than one (1) short-term suspension or alternative to suspension of ten (10) days or less during the current academic year.
D. The student has admitted to or taken responsibility for the act upon which suspension was imposed in a written statement signed by the student and attested to by the student's parent or guardian.
E. 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 of the Alternative to Suspension Program. (Note: Follow appropriate dismissal procedures.)
F. Parent(s) or guardian(s) shall agree to participate by:
1. Providing transportation as necessary to and from the program location.
2. Furnishing meals prepackaged or purchasing same for the student.
3. Establishing and monitoring in consultation with the school a supervisory routine limiting the student'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.
A. Students will be isolated from others by means of barriers or distance at a location determined by the District. No participation in any school sponsored activity will be permitted during the program.
B. Communication by students with others will be limited to adult District staff or as directed by the adult supervisor on duty.
C. Ordered study time will be established for each student consistent with the number of classes in which the student is enrolled, divided proportionately through the academic day.
D. Students are confined to their assigned areas and seats except as designated by the supervisor. All personal maintenance will be planned and approved by the supervisor.
E. Students are to bring all books, workbooks, paper and necessary instruments for each class in which they are enrolled to the program daily and take the same material home each day of the program.
F. Protocols for implementation of the Alternative to Suspension Program following the requirements above may be established by the administrator at each location.
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 guardian asking for readmission and requesting a meeting to determine any requirements.
B. Accompanying the written request shall be a summary of the student's activities and accomplishments during the suspension period written and signed by the student and signed and attested to by the parent or guardian. (Parents of elementary grade students may prepare the summary.)
C. The request shall include a signed statement from local law enforcement officials that there have been no infractions of local or state codes for which the student could have been charged during the period of the suspension.
D. At the time of the meeting to review the request the student may be required to explain the incident or incidents leading up to the suspension.
E. The determination to allow readmission may be based on, but not limited to, the following elements:
1. The age of the student.
2. The frequency, type, and relative magnitude of previous misbehavior by the student.
3. The relative severity of the event(s).
4. Whether the student's behavior violated civil or criminal laws.
5. The degree to which the incident(s) interfered with the educational process.
6. The extent to which the event created endangerment to the student, others or property.
7. Special intellectual, psychological, emotional, environmental and physical characteristics of the student.
8. The student's attitude concerning the event(s).
9. The expressed intent concerning the student's future behavior.
F. Should early readmission be granted, the student, with parent or guardian affirmation, shall agree to the following conditions:
1. Regular attendance—no unexcused absences.
2. No violation of school rules or policies.
3. Attendance at after school events for the remaining term of suspension only with prior approval of the administration.
4. Completion of all class tasks in timely fashion, as directed.
5. Student will receive supervision before and after school by parental arrangement, travel directly to school and from school, and report immediately to a supervisor for the balance of the term of the suspension.
G. The student and parent or guardian shall receive a written admonition that failure in the conditions required for 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 Manual adoption<-- z2AdoptionDate -->
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 Education Act
20 U.S.C. 7151 et seq., The Gun-Free School Act of 1990
29 U.S.C. 794 Rehabilitation Act of 1973, (Section 504)
CROSS REF.:
IHB - Special Instructional Programs
JR - Student Records
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:
A. Any school-sponsored athletic activity; or
B. Any school-sponsored club; or
C. Any school-sponsored organization such as yearbook, newspaper, student government, drama, music, 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 Manual adoption<-- z2AdoptionDate -->
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 Education Act
29 U.S.C. 794 Rehabilitation Act of 1973, (Section 504)
CROSS REF.:
IHB - Special Instructional Programs
JR - Student Records
A recommendation to expel shall be by 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.
The 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 privileges to attend school.
A. Step 1: Each recommendation for expulsion shall be delivered to the Superintendent. A recommendation for expulsion may be made before, after or in conjunction with a long-term suspension hearing, if one is to be held.
B. Step 2: If the Superintendent concurs with the recommendation, 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:
1. to determine whether the nature of the accusations against the student justify an expulsion hearing,
2. to determine whether the hearing will be held before the Governing Board or before a hearing officer,
3. to designate a hearing officer if one will be used, and
4. if the hearing will be conducted by the Governing Board to determine whether the hearing will be conducted in executive session. Under normal circumstances, the Governing Board will not review any documents or other pertinent evidence during the initial executive session.
D. Step 4: The expulsion hearing should be scheduled so it may be resolved, if reasonably possible, during the 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 requested or delivered by hand (with an adult witness present) at least five (5) working days prior to the formal hearing. A copy of this letter will remain on file, and the letter should contain:
1. A statement of the charges and the rule or regulation violated.
2. The extent of the punishment to be considered.
3. The date, time, and place of the formal hearing.
4. A designation of the District's witnesses.
5. That the student may present witnesses.
6. That the student may be represented by counsel at the student's expense.
7. If a hearing officer has been appointed, the name of the hearing officer and how the hearing officer may be contacted, or a statement that the Governing Board will preside at the hearing.
8. Copies of this policy and A.R.S. 15-840 and 15-843 unless previously provided in connection with the 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 and their parents or legal guardians and legal counsel from attending any executive (closed) session pertaining to the proposed disciplinary action, or from having access to the minutes and testimony of 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 bias 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 appropriate manner. In addition, parents are to be allowed to tape-record the hearing at their 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 attendance of only the hearing officer, administrative representatives, the student and parent(s), counsel for the parties, and witnesses necessary to the proceedings, unless the parent(s), guardian(s) or 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 session with the attendance of only the hearing officer, administrative representatives, the student and parent(s), counsel for the parties, and witnesses necessary to the proceedings, unless the parent(s), guardian(s) or emancipated student requests in writing that the hearing be open to public attendance.
G. Step 7: A formal hearing will be held:
1. When a parent or legal guardian has disagreed that the hearing should be held in executive (closed) session, it shall be held in an open meeting unless:
a. If only one (1) student is subject to the proposed action, and disagreement exists between that student's parents or legal guardians, then the Board (hearing officer), after consultation with the student's parents or legal guardians, shall decide in executive (closed) session whether the hearing will be in executive (closed) session.
b. If more than one (1) student is subject to the proposed action and disagreement exists between the parents of different students, then separate hearings shall be held subject to the provisions 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 follows:
1. Upon conclusion of a hearing conducted by a hearing officer, if a recommendation for expulsion is made, the decision may be appealed to the Board at the time the Board considers the recommendation. A formal letter to the responsible parent or guardian will be mailed by certified mail with return receipt requested or delivered by hand (with an adult witness present) indicating the recommendation that will be made to the Board. A copy of this letter will remain on file, and the letter should explain:
a. The time and place of the Board meeting at which the recommendation will be made.
b. That the recommendation may be appealed at the time the recommendation is made to the Board.
c. That the appeal shall be in writing delivered to the Superintendent prior to the time of the Board meeting.
d. That the written appeal shall indicate a spokesperson on behalf of the student.
e. That the spokesperson will be given time to speak to the Board on appeal.
f. The Board may accept the hearing officer's recommendation or reject the recommendation and impose a different disciplinary action including assignment to an alternative educational program. The Board may grant a new hearing, take the matter under advisement, or take any further action deemed necessary. If the Board decides to expel the student the expulsion shall become effective the day after the Board'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 2004 may not be expelled from school, unless as a result of a manifestation determination it has been determined that the student's behavior is unrelated to the child's disability. The manifestation 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 (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 2004, 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. Readmission is at the discretion of the Governing Board. In addition, it is the prerogative of the Board to stipulate appropriate conditions for readmittance. The application for readmittance shall occur no less than nine (9) months after the date of the expulsion; however, the student may not be readmitted until at least two (2) complete semesters have passed (the remainder of the semester in which the violation has occurred and two [2] additional semesters). The application must:
1. Be written and be directed to the attention of the Governing Board.
2. Contain all information that the student and parent(s) consider relevant to the Governing Board's determination as to whether or not to readmit the student. This should include information indicating:
a. An appreciation by the student of the severity and inappropriateness of the student's prior misconduct.
b. That such misconduct or similar misconduct will not be repeated.
c. A description of the student's activities since the expulsion.
d. Support of the student's application for readmission.
3. Be filed in the Superintendent's office.
B. The Governing Board shall meet in executive session to consider an initial application for readmission. The student and parents have the right to be present in the executive session but do not have the right to make a presentation or address the Governing Board unless they are asked to do so by the Governing Board. For this reason, it is important that the application for readmission contain all information that the Governing Board may deem important in determining whether to readmit the student. The Governing Board, in its sole discretion, shall determine whether the student should be readmitted, and, if so, under what restrictions and conditions. The burden is on the student and parent(s) to convince the Governing Board that readmission is appropriate considering the interests of the expelled student, the District, and the interests of the other students and staff members. The Governing Board's decision is final.
C. A student may file more than one (1) application for readmission. Applications subsequent to an initial application, however, may not be filed more frequently than every ninety (90) days, and the Governing Board shall meet to discuss and consider the application only if at least two (2) members of the 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:
A. Regular attendance – no unexcused absence.
B. No violation of school rules or policies.
C. Completion of all classroom tasks in a timely fashion, as directed.
D. Depending upon the nature of the original violation for which the expulsion was provided, the student may be limited as to attendance or participation in after school activities, school sports, and extracurricular events or 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: date of Manual adoption<-- z2AdoptionDate -->
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 Education Act
20 U.S.C. 7151 et seq., The Gun-Free School Act of 1990
29 U.S.C. 794 Rehabilitation Act of 1973, (Section 504)
CROSS REF.:
IHB - Special Instructional Programs
JR - Student Records
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
The School 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 regulations and guidance apply to schools.
B. 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/Recess: 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.
"Recess," as defined in statute, means a period of time during the regular school day, including time during a scheduled lunch period, during which a pupil is able to engage in physical activity or social interaction with other pupils.
1. The District shall provide at least two (2) recess periods during the school day for pupils in kindergarten programs and grades one (1) through three (3). From and after August 1, 2019, the District shall provide at least two (2) recess periods during the school day for pupils in kindergarten programs and grades one (1) through five (5).
2. A school that offers a half-day kindergarten program is required to provide at least one (1) recess period during the school day for pupils in that kindergarten program.
3. The school District may count a pupil's participation in a physical education course during a school day as one (1) of that day's recess periods.
4. The District is not required to extend the school day to meet this recess requirement.
5. This recess requirement does not apply to middle schools, junior high schools, high schools, Arizona online instruction or schools in which the lowest grade of instruction offered is grade five (5).
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. The 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<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-118
15-158159
15-242
42 U. S. C. 1751 et seq. (National School Lunch Act)
42 U. S. C. 1771 et seq. (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
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/Recess
District schools shall strive to provide opportunities for developmentally appropriate physical activity during the school day for all students.
Recess shall be required and provided as described in Policy JL and in Regulation JL-RB.
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
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.
REGULATION
STUDENT WELLNESS
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 percent (50%) of the time while participating in physical education classes.
Physical activity outside of physical education/Recess: 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 shall be required and provided as follows:
A. Two (2) recess periods during the school day for pupils in kindergarten (K) and grades one (1) through three (3).
B. On August 1, 2019, this recess requirement of two (2) recess periods during the school day is extended to grades four (4) and five (5).
BC. Half-day kindergarten pupils are to receive one (1) recess period during the school day.
CD. Participation in a physical education course during a school day may count as one of the day’s recess periods.
DE. Extension of the school day is not required to meet the recess requirement.
EF. This recess requirement does not apply to middle schools, junior high schools, high schools, Arizona online instruction or schools in which the lowest grade of instruction offered is grade five (5).
FG. For the purposes of this section, "recess" means a period of time during the regular school day, including time during a scheduled lunch period, during which a pupil is able to engage in physical activity or social interaction with other pupils.
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 not discourage the use of physical activity as punishment, withhold participation 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: 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 Manual adoption<-- z2AdoptionDate -->
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:
A. Administration of patent or proprietary medications (over-the-counter [OTC] medications) in compliance with Arizona Revised Statutes and District policies.
B. Administration of prescription medications in compliance with Arizona Revised Statutes and District policies.
C. Administration of immunizations in conjunction with the County Health Department and in compliance with Arizona Revised Statutes.
D. Providing preventive health information.
E. The treatment of school-related injuries/illnesses, and recommendation for follow-up care.
F. Screening clinics for selected physical impairments.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-344
Each student participating in junior in high school and junior high school interscholastic athletics is required to submit to a physical examination or 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 Manual adoption<-- z2AdoptionDate -->
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 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: date of Manual adoption<-- z2AdoptionDate -->
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 707
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. 36-621 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 pediculicide.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-871
15-872
36-621
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:
A. infected students receive a public education.
B. information be provided for parents, faculty and staff members, and other concerned persons concerning the actual and potential dangers of transmission of the disease.
C. decisions concerning the educational placement of infected students be determined upon the best medical knowledge available and on a case-by-case basis.
D. restrictions be placed upon a student as required by Department of Health Services regulations, advice of the County Health Department, and advice of a physician selected by the District.
E. 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: date of Manual adoption<-- z2AdoptionDate -->
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.
In the case of a minor student, administration of medication shall only occur on the written request or authorization of a parent or legal guardian, except for an emergency administration pursuant to A.R.S. 15-157 (epinephrine) or A.R.S. 15-158 (Inhalers) or A.R.S. 15-341, subsection A, paragraph 43, (naloxone hydrochloride/any other opioid antagonist).
School districts district, charter schools and employees of school districts and charter schools are immune from civil liability for the consequences of the good faith adoption and implementation of policies and procedures pursuant to the statute.
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 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 a school does not stock epinephrine auto-injectors at the school during that fiscal year.
A school district or charter school may accept monetary donations for or apply for grants for the purchase of epinephrine auto-injectors or may participate in third-party programs to obtain epinephrine auto-injectors at fair market, free or reduced prices.
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: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-157
15-158
15-203
15-341
15-344
15-344.01
32-1601
32-1901
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 techniques were used and an analysis of how future incidents may be avoided, including whether the pupil requires a functional behavioral assessment.
1. The training of personnel must be recurrent with annual updates appropriate to the type of school setting, the age and the developmental level of students.
2. The training must include content and skill development on the use of positive, instructional, and preventative methods of addressing student behavior.
3. The training must include methods for monitoring a student's well-being during restraint.
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 Seclusion does not include the use of a voluntary behavior management technique, inlcuding including a timeout loocationtimeout location, as part of a pupil's education plan, individual safety plan, behavioral plan or individualized education program individualized education program that involves the pupil's separation from a larger group for purposes of calming.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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
(Vision Screening of Children)
It is statutorily required that each school shall provide vision screening services as follows:
A. To students upon initial entry to school and not more than two (2) additional grade levels as prescribed by the Department of Health Services by rule.
B. At the school's discretion, the school may provide vision screening services to students who are in grade levels that are not prescribed by rule.
C. To students who are being considered for special education services and have not been screened in the last year.
D. To students for whom a teacher has requested a screening and who have not been screened in the last year.
E. To students who are not reading at grade level by the third (3rd) grade pursuant to the state assessment required in A.R.S. 15-741.
Screening guidelines include the following:
A. A school nurse, a volunteer or other school personnel who have undergone training developed or approved by the department shall administer the vision screenings except that those individuals who are trained to administer vision screenings before the effective date are not required to retrain.
B. A vision screening conducted pursuant to this statute does not satisfy a requirement for a medical professional to complete a vision screening of a child according to established guidelines for pediatric care.
C. The School District Governing Board shall provide the vision screening results to the parent or guardian of each student who did not pass the vision screening within forty-five (45) days after the vision screening and shall comply with all applicable privacy laws. The results shall identify that the student did not pass the vision screening and the need for a comprehensive eye and vision examination.
D. The results shall state that a vision screening is not equivalent to a comprehensive eye and vision examination.
Other requirements:
A. A school district governing board providing vision screening services shall provide to the department annual data submissions in a department-approved format that complies with student privacy laws.
B. A student is not required to submit to any vision screening if a parent or guardian of the student objects and submits a statement of the objection to the school for any reason including that the student received a comprehensive eye and vision examination in the last year or if the student has a current diagnosis of permanent vision loss.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
36-899.10
CROSS REF.:
JL - Student Wellness
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 1-888-SOS-CHILD (1-888-767-2445),
TDD: 602-530-1831 (1-800-530-1831), or
Submitting non-emergency concerns via the Online Reporting Service
at https://dcs.az.gov/about/contacts.
Pursuant to A.R.S. 13-3620, such reports shall contain, if known:
A. The names and addresses of the minor, the parents, or the person or persons having custody of such minor, if known.
B. The minor's age and the nature and extent of the minor's abuse, child abuse, or physical injuries or neglect, including any evidence of previous abuse, child abuse, physical injury or neglect.
C. Any other information that such person believes might be helpful in establishing the cause of the abuse, child 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.
Any person who is employed as the immediate or next higher-level supervisor to or administrator of a person who is statutorily required to report is not required to report if the supervisor or administrator reasonably believes that the report has been made by the person who is required to report.
Any 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<-- z2AdoptionDate -->
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
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.
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.
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 school, except homeless students, will be asked to produce one (1) of the following proofs:
A. A certified copy of the child's birth certificate.
B. Other reliable proof of the student's identity and age, including the student's baptismal certificate, an application for a Social Security number, or original school registration records and an affidavit explaining the inability to provide a copy of the birth certificate.
C. A letter from the authorized representative of an agency having custody of the student (pursuant to statute) certifying 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 five ten (510) days, the local law enforcement agency will be notified.
Nothing contained in this policy shall authorize the school to disclose to any person a student's educational record without prior parental consent unless the school 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 school will request, directly from the previous school, a certified copy of the student's record. When records are requested by another school, within ten (10) days the school will comply with the request unless the record has been flagged pursuant to A.R.S. 15-829 or 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:
A. Flag means to mark or identify as pertaining to a missing child, or an indication identifying an item as pertaining to a missing child.
B. Missing child means a person who is under the age of eighteen (18) years, whose temporary or permanent residence is in this state or is believed to be in this state, whose location has not been determined, and who has been reported as missing to a law enforcement agency.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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 Manual adoption<-- z2AdoptionDate -->
When students are in school, engaging in school-sponsored activities, or traveling to and from school on school buses, they are 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 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 a teacher must leave the proximity of the students, then the teacher shall make a good faith effort to obtain a school employee to supervise the students. 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.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
1-215
8-303
8-304
8-802
13-1302
36-2813
CROSS REF.:
JIH - Student Interrogations, Searches, and Arrests
(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.
Adopted: date of Manual adoption
==================================================================
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: <-- z2AdoptionDate -->
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
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:
Send 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.
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
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.
The Board encourages the utilization of student volunteers in the educational program (e.g., student librarians, student office helpers, 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 Manual adoption<-- z2AdoptionDate -->
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.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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
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:
A. Students shall not be solicited to purchase books or other merchandise, except for materials approved by the District for use in the classroom.
B. Solicitations by students shall be limited to small contributions, i.e., expressions of condolence, remembrance, or appreciation. Guidelines for such solicitations shall be established by the Superintendent.
C. No other solicitations shall be made by or of students during school hours or on school premises.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
EXHIBIT
STUDENT FEES, FINES, AND CHARGES
FEES
Areas where fees may be charged include, but may not be limited to:
A. Optional extracurricular activities, which are defined as any optional, noncredit, educational or recreational activity that supplements the education program of the school, whether offered before, during, or after regular school hours.
B. Optional programs conducted when school is not in session.
C. Fine arts courses (high school only).
D. Vocational education courses (high school only).
E. Other courses, fees for optional services, equipment, and materials offered to the students beyond those 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:
A. The fees are reasonable.
B. The fees do not exceed the actual costs of the activities, programs, services, equipment, or materials.
C. A notice of the proposed fees is given to all parents of students enrolled at schools in the District before the Governing Board acts to adopt fees.
D. The fees are then adopted by the Governing Board.
E. The Governing Board includes in its action a grant of authority to the principals to waive the assessment of all or a part of any fee if it creates an economic hardship for a specific student.
F. No fees are charged for students' access to or use of computers or related materials.
The Board recognizes that student photographic images have the potential for enhancing instruction, improving students' motivation, providing a positive image for the District and increasing safety by creating a database for the visual verification of a student's identity.
Reasonable precautions shall be taken to prevent the misuse of student images and student photographs (analog, digital, still or motion). Student images and student photographs will not be taken without a signed release from a parent.
The Superintendent or designee shall develop regulations implementing this policy.
Adopted: date of Manual adoption
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:
A. Students will not bring any motorized vehicles on any campus in the District other than the high school campus.
B. All students will register their vehicles.
C. Registration stickers must be displayed on all student vehicles.
D. Vehicles may be towed away at student expense for failure to follow policy and procedures related to motorized vehicles.
Adopted: <-- z2AdoptionDate -->
Required student records (regular and special education) will be prepared in a manner consistent with 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 Every Student Succeeds Act of 2015 (ESSA) 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, 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:
A. The right of the parent or an eligible student to inspect and review the student's education records.
B. The intent of the District to limit the disclosure of personally identifiable information contained in a student's education records, including disciplinary records, except by the prior written consent of the parent or eligible student or under certain limited circumstances as permitted by the FERPA, the USA PATRIOT Act or the ESSA.
C. The right of the parent or eligible student to seek to correct parts of the school education records that the student or the parent believes to be inaccurate, misleading, or in violation of student rights. This right includes the right to a hearing to present evidence that the record should be changed if the District decides not to alter it according to the parent's or eligible student's request.
D. The right of the parent or eligible student to file a complaint with the U.S. Department of Education if 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:
A. The procedure for exercising the right to inspect and review education records.
B. The procedure for requesting amendments of education records that the parent or eligible student believe to be inaccurate, misleading or otherwise a violation of the student's privacy rights.
C. The conditions when prior consent is not required, the criteria for determining who constitutes a 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 Every Student Succeeds Act of 2015 (ESSA).
Adopted: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-141
15-142
15-828
15-829
25-403.06
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 PHOTOGRAPHS
The following procedures will govern student photographs:
A. Student photos will not become part of a public presentation, including, but not limited to: displays on internet websites, school brochures and programs, press releases, newspaper articles or televised news coverage without prior written consent from parents. At the start of each school year the District will provide parents with a written photographic release, giving parents the option of excluding their child from being photographed.
B. If not precluded by a parent, the District will only use student images to enhance instruction, improve students' motivation, provide a positive image for the District, and increase safety by creating a database for the visual verification of the student. Specific activities may include, but are not limited to, the following:
1. Classroom and instructional programs for student production and motivational projects.
2. Publicity for the District.
3. Teleconferencing in "face to face" format where live transmissions include visual contact.
C. The following mandatory security measures will be taken in regards to the storage of student images:
1. Any photo compact disk (CD) provided to the school or District will be locked and secured in a vault. A photo CD must be signed out for by authorized personnel before using the CD.
2. No photo CD will be left unattended.
3. The student database will only be accessible within the school and by authorized personnel.
4. Images used for student records will be transferred from the CD to the school server and will be protected by password.
D. The school will contract for student photography services with qualified vendors. Each school's parent organization, however, will choose the specific vendor it will use and will negotiate the cost of the vendor's services. Vendors that the District selects must agree to comply with the District's student photography policy and regulation and must demonstrate, to the District's satisfaction, the vendor's internal safety measures that are used to protect student photographic images from inappropriate or unauthorized use. Additionally, selected vendors must agree to indemnify the District against liability resulting from the vendor's noncompliance with the District's photography policy and regulation or the vendor's own internal procedures.
REGULATION
STUDENT AUTOMOBILE USE
AND PARKING
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:
A. Students are permitted to park on school premises as a matter of privilege, not of right.
B. The District retains authority to conduct routine patrols of student parking lots and inspections of the exteriors of student automobiles on school property.
C. The District may inspect the interiors of student automobiles whenever a school authority has reasonable suspicion to believe that illegal or unauthorized materials are contained inside the automobiles.
D. Such patrols and inspections may be conducted without notice, without student consent, and without a search warrant.
E. A student who fails to provide access to the interior of the car upon request by a school official will be subject to school disciplinary action.
F. If the student fails to follow school policy and procedure related to use of vehicles, the vehicle may be towed 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: ______________________________
EXHIBIT
STUDENT RECORDS
LOCATIONS OF EDUCATION RECORDS
|
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: <-- z2AdoptionDate -->
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 Manual adoption<-- z2AdoptionDate -->
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 Manual adoption<-- z2AdoptionDate -->
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 school administrationBoard. 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.
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 any of the following which are listed in 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), 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<-- z2AdoptionDate -->
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. 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. 98
34 C.F.R. 300
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:
A. To develop intelligent citizen understanding of the District in all aspects of its operation.
B. To determine how the citizenry feels about the District and what it wishes the District to accomplish.
C. To develop citizen understanding of the need for adequate financial support for a sound educational program.
D. To help citizens assume a more direct responsibility for the quality of education the District provides.
E. To earn the goodwill, respect, and confidence of the citizenry in the personnel and services of the District.
F. To bring about citizen understanding of the need for the improvement and what must be done to facilitate essential change.
G. To involve citizens in the work of the District and the solving of its educational problems.
H. To invite the assistance, cooperation, and understanding of elected and appointed community officials and 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 improvement of the community.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
The Superintendent, in consultation with parents, teachers, and administrators, shall develop procedures for parental involvement in the school(s). These shall include:
A. A plan for parent participation in the school designed to improve parent and teacher cooperation in such areas as homework, attendance, and discipline. 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 materials, including the source of any supplemental educational materials.
C. A procedure by which 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 and request an alternative assignment. Objection to a 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.
D. A procedure by which parents or guardians of students enrolled in the District shall have access in advance to the instructional materials, learning materials and activities currently used by, or being considered for use by, the District.
E. A procedure by which 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.
F. Procedures to prohibit the School District from providing sex education instruction to a student unless the student's parent provides written permission for the student to participate in the sex education curricula if the School District offers any sex education curricula pursuant to A.R.S. 15-711 on the requirement to include instruction to student students in grades seven (7) through twelve (12) on laws relating to sexual conduct with a minor or 15-716 concerning instruction on immune deficiency syndrome, or pursuant to any rules adopted by the State Board of Education.
G. Procedures by which parents will be notified in advance of and given the opportunity to withdraw their children from any instruction or presentations regarding sexuality in courses other than formal sex education curricula.
H. Procedures by which parents may learn about the nature and purpose of clubs and activities that are part of the school curriculum, extracurricular clubs, and activities that have been approved by the school.
I. Procedures by which parents may learn about parental rights and responsibilities under the laws of this state, including the following:
1. The right to opt in to a sex education curriculum if one is provided by the District.
2. Open enrollment rights pursuant to A.R.S. 15-816.01, relating to the District policies on open enrollment.
3. The right to opt out of assignments pursuant to A.R.S. 1-601, Parents Bill of Rights. [See Exhibit KB-EB]
4. The right to opt a child out of immunizations as authorized by A.R.S. 15-873, relating to an outbreak of a communicable disease.
5. The promotion requirements prescribed in A.R.S. 15-701 for students in grades one (1) through eight (8).
6. The minimum course of study and competency requirements for graduation from high school prescribed in A.R.S. 15-701.01.
7. The right to opt out of instruction on the acquired immune deficiency syndrome as provided by A.R.S. 15-716.
8. The right to review their child's standardized norm-referenced test results pursuant to A.R.S. 15-743.
9. The right to participate in gifted programs pursuant as prescribed by A.R.S. 15-779.01.
10. The right to access instructional materials as directed by A.R.S. 15-730.
11. The right to receive the school's annual report card pursuant to A.R.S. 15-746.
12. The school attendance and age requirements for children prescribed in A.R.S. 15-802, 15-803 and 15-821.
13. The right to public review of courses of study and textbooks in the common schools (preschool programs through grade eight [8]), as prescribed in A.R.S. 15-721, and in high schools, prescribed in A.R.S. 15-722.
14. The right to be excused from school attendance for religious purposes as described by A.R.S. 15-806.
15. Policies related to parental involvement pursuant to A.R.S. 15-102 and set out herein.
16. The right to seek membership on school councils pursuant to A.R.S. 15-351, describing the purpose, duties, and membership of a school council. [Subject to the exemption of certain school districts exempted as described in A.R.S. 15-352.]
17. Information about the student accountability information system (SAIS) as prescribed in section 15-1042.
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 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:
A. The Superintendent or principal shall:
1. Deliver the requested information to the parent within ten (10) calendar days, or
2. Provide to the parent a written explanation for denial of the requested information.
B. If the requested information is denied or is not received by the parent within fifteen (15) calendar days:
1. The parent may submit to the Governing Board a request for the requested information, and
2. The Governing Board shall consider the request at the next scheduled meeting of the Board on which the request can be properly noticed. If the request cannot be properly noticed on the next scheduled meeting agenda, the Governing Board shall formally consider the request at the next subsequent public meeting of the Governing Board.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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
EXHIBIT
STUDENT RECORDS
TRANSCRIPT RELEASE
Request _______________________ ___________________________
for Student Name Identification Number Class/year
________________________________________________________________
Transcripts may be released to those indicated below
Check ◻ Postsecondary Institutions ◻ United States Armed Forces
Those
That ◻ State Militia (National Guard) ◻ 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 Requested
Student ________________________ _________________________
Print Name 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 Signature and date
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 Manual adoption<-- z2AdoptionDate -->
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:
A. Encourage individuals and organizations considering contributions to the schools to consult with the Superintendent on the appropriateness of any such gifts.
B. Report to the Board all gifts that have been offered to the District, for their review and action.
C. Acknowledge the receipt and value of any gift accepted by the District, and prepare fitting means, as appropriate, for recognizing or memorializing gifts to the District.
Gifts shall be recorded in appropriate inventory listing(s) and property records.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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
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 are to be approved by the principal prior to release. Matters that pertain to the District 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: date of Manual adoption<-- z2AdoptionDate -->
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:
A. The Board will transact all official business in open meetings (except as exempted by law), which the press, the public, and school employees are welcome to attend, and at which time communications, both oral and written, may be received and considered when placed on the agenda.
B. The Board will function as speedily and as efficiently as circumstances permit, and always with due regard for the public interest.
C. Board members will familiarize themselves with the work of the school system in all major areas and shall bring to the schools the viewpoint, the knowledge, and the wisdom of the community.
D. The Board will make provision for keeping a record of the proceedings of all meetings. Minutes of all Board meetings (except executive sessions) shall be considered matters of public record.
E. The Board will keep in mind that maintaining the confidence and respect of the community is of paramount importance to the success of the educational program of the District.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
38-431 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
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:
Written notice to the parents or guardians of the students of the intent to collect biometric information.
1. Provided to the parents or guardians not less than thirty (30) days prior to commencing collection of the information.
2. Shall include a statement that the parent or guardian must give written permission to collect the 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: <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-109
CROSS REF.:
JLCA - Physical Examinations of Students
JR - Student Records
LC - Relations with Education Research Agencies
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 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 shall permit access to, or provide for the copying of, the records requested 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.
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.
A fee shall be levied on each request to cover the cost of making copies. The fee will be collected prior to releasing material.
The fees will be based upon the following:
A. Ten cents (10¢ ___________ (____) per copy for materials indicated as Board minutes, agendas, financial records, contracts, courses of study, or statistical summaries.
B. Thirty-five cents (35¢) per ___________ (____) per copy for materials not listed above.
C. Actual cost, if available, will be assessed.
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.
REGULATION
PUBLIC CONCERNS / COMPLAINTS
ABOUT INSTRUCTIONAL RESOURCES
(Procedures for Reconsideration of
Instructional Materials)
When the suitability of classroom or library instructional materials is questioned, the following procedure shall be followed:
During the review, materials in question which are being used in the classroom for assigned instruction shall remain in use for all students other than those whose parent/guardians requested substitution. Library materials (student self-selected) shall remain in circulation provided the individuals responsible for reviewing the materials in response to a complaint also have access to them. Patrons who have lodged a request for reconsideration shall be granted the option of having their own children excused from using such materials, and alternative materials will be provided by the school team.
A. The teacher/media specialist shall meet informally with the patron and shall endeavor to resolve any concern related to the materials. The teacher/media specialist will inform the school principal of the issue, who in turn will inform the Assistant Superintendent for Educational Services. If the patron and the teacher/media specialist reach an agreement that the instructional material is appropriate and shall remain in use, no other action is necessary.
B. If the matter remains unresolved, the teacher/media specialist will give the patron the Request for Reconsideration of Instructional Material form. The patron shall complete this form and meet with the school principal, along with the teacher/media specialist. If the school principal, patron, and teacher/media specialist reach an agreement, no other action is necessary. This form will be sent to the Assistant Superintendent for Educational Services by the school principal.
C. If the matter remains unresolved, a District reconsideration committee shall be convened and will meet to hear the issue. Members of this committee shall be appointed by Superintendent as needed. Committee membership shall consist of: the Assistant Superintendent for Educational Services, a school principal, two (2) media specialists, one (1) classroom teacher, and two (2) patrons. Individuals shall be selected who will have the most objective view of the issue. The Assistant Superintendent for Educational Services or designee will serve as chairperson. The committee shall issue a majority recommendation, with the chairperson voting only in the case of a tie.
D. If the committee's recommendation is challenged, the results will be sent to the Superintendent for review and final decision.
E. Teachers, media specialists, or principals directly involved in the reconsideration issue will not be on the District-level review committee.
F. The committee will meet to discuss guidelines for reconsideration and then to consider the issues and make recommendations on the matter.
G. As a final response to continuing patron challenge, the matter is sent to the Governing Board.
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 Manual adoption<-- z2AdoptionDate -->
The participation of students in interpreting the educational program of the schools to the community shall be encouraged with the understanding that:
A. Students shall not be exploited for the benefit of any individual or group.
B. Students shall participate only in appropriate situations.
C. The use of students shall always be evaluated in terms of the effect on the students.
D. Students shall not solicit or promote District issues without approval by the Superintendent's office.
E. The best possible community relations grow from a superior teaching job in the classroom. Enthusiastic students with serious intentions, well directed by sympathetic and capable teachers, communicate positively with parents and the community. This shall be the cornerstone of good community relations in the District.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
The 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 Manual adoption<-- z2AdoptionDate -->
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 Manual adoption<-- z2AdoptionDate -->
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 Manual adoption<-- z2AdoptionDate -->
REGULATION
PUBLIC CONCERNS AND COMPLAINTS
If a member of the community has a complaint, the following procedures are intended to assist in its resolution:
A. If the matter relates to a student, and it is appropriate, talk with the student's teacher. If the matter remains unresolved, talk with the
buildingschool administrator.
B. If resolution of a problem cannot be accomplished at the building level, either party may refer the matter to the Superintendent for review.
C. When 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
Superintendentschool administration for study and resolution, if possible.
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 site or department 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 Manual adoption<-- z2AdoptionDate -->
CROSS REF.:
BBAA - Board Member Authority and Responsibilities
BEDH - Public Participation at Board Meetings
The possession or use of tobacco products, tobacco substitutes, electronic cigarettes, other chemical inhalation devices, or vapor products is prohibited in the following locations:
A. School grounds.
B. School buildings.
C. School parking lots.
D. School playing fields.
E. School buses and other District vehicles.
F. 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:
A. Approved by the school.
B. Established in accord with Arizona Revised Statute 15-712.
No person shall smoke marijuana in any public place.
Adopted: date of Manual adoption
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
Occasional objections to the selection of instructional materials or library resources 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 first meet with the appropriate on-site individual (teacher or library/media specialist) to discuss the issue. If not resolved, the complainant will be asked to complete the form "Citizen's Request for Reconsideration of Instructional Material."The Superintendent shall establish procedures to resolve concerns at the school level. Should resolution not be reached at the school level, a District review committee, appointed by the Superintendent, will be convened. Upon receipt of a request for reconsideration, the District Superintendent will review committee will consider the work in question and submit a report to the Superintendent including any recommended action. After review by the Superintendent, copies of the request form and the report will be sent to the principal and the complainantcitizen.
If not satisfied with the decision contained in the report, the complainant 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 Manual adoption<-- z2AdoptionDate -->
EXHIBIT
PUBLIC CONCERNS / COMPLAINTS
ABOUT INSTRUCTIONAL RESOURCES
CITIZEN'S REQUEST FOR RECONSIDERATION
OF INSTRUCTIONAL MATERIAL
Author _______________ Hardcover ____ Paperback _____ Other media _____
Title ___________________________________ Copyright date ____________
Publisher (if known) ________________________________________________
Request initiated by__________________________ Telephone _____________
Address _________________________________________________________
Complainant's E-mail address ________________________________________
Complainant
represents: ◻ himself or herself
◻ (name organization): ________________________________
◻ (identify other group): ________________________________
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 the use of this material?
For what age group would you recommend this material?
What do you feel is good about this material?
Did you review the entire material?______ What parts?
Are you aware of the judgment of this material by literary critics?
What do you believe is the theme of this material?
Are you aware of the instructional purpose in using this work?
What would you like 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 patrons of the library.
◻ Refer it to an official committee for reevaluation.
In its place, what material of equal literary quality would you recommend that would convey as valuable a picture and perspective?
________________________________________ _____________________
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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-341
15-342
29 U.S.C. 794 Rehabilitation Act of 1973, (Section 504)
School-business relationships based on sound principles can contribute to high-quality education. However, compulsory attendance confers on educators an obligation to protect the welfare of their students and the integrity of the learning environment. Therefore, when working together, schools and businesses must ensure that educational values are not distorted in the process. Positive school-business relationships should be ethical and structured in accordance with all eight of the following principles:
A. Corporate involvement shall not require students to observe, listen to, or read commercial advertising.
B. Selling or providing access to a captive audience in the classroom for commercial purposes is exploitation and a violation of the public trust.
C. Since school property and time are publicly funded, any type of advertising on school property, selling, or providing free access to advertising involves ethical and legal issues that must be addressed. Corporate involvement must support the goals and objectives of the schools. Curriculum and instruction are within the purview of educators.
D. Programs of corporate involvement must be structured to meet an identified need, not a commercial motive, and must be evaluated for effectiveness by the school/District on an ongoing basis.
E. Schools and educators should hold sponsored and donated materials to the same standards used for the selection and purchase of curriculum materials.
F. Corporate-involvement programs should not limit the discretion of schools and teachers in the use of sponsored materials.
G. Sponsor recognition and corporate logos should be for identification rather than commercial purposes.
H. 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: date of Manual adoption
CROSS REF.:
JJE - Student Fund-Raising Activities
KH - Public Sales on School Property
KHA - Public Solicitations in the Schools
KHB - Advertising in the Schools
REGULATION
BUSINESS SOLICITATIONS
IN SCHOOLS
The following guidelines should be used when considering and evaluating a school business partnership and/or fundraiser.
A. The school-business partnership shall not require students to watch/read advertisements in order to use materials/equipment.
B. The school-business partnership shall not require or entice students to purchase a commercial product or require teachers, students, or parents to promote a commercial product.
C. The proposed business partnership shall not market products that are detrimental to the health and well-being of students.
D. The school-business partnership will not have as a primary objective the marketing and/or promotion of products with students.
E. The school-business partnership must promote the development of student learning, skills, interest, or participation in school activities.
F. The program must be open to all students who can appropriately participate, without being capped or limited in a manner that discriminates against any student or group of students.
G. The school-business partnership shall not disrupt regularly planned instruction.
H. The aim of the school-business partnership shall be to benefit youth in educational, civic, social, and ethical development.
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:
A. 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: date of Manual adoption<-- z2AdoptionDate -->
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:
A. Space is not available at the school.
B. A disruption of the normal school activities would occur.C. The safety or welfare of the students would be jeopardized.
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:
A. Intentionally, knowingly or recklessly interfering with or disruption of the normal operations of an educational institution by either:
1. Threatening to cause physical injury to any employee or student of an educational institution or any person on the property of an educational institution.
2. Threatening to cause damage to the District, the property of the District, or the property of any person attending the District.
B. Intentionally or knowingly entering or remaining on the property of an educational institution for the purpose of interfering with or denying lawful use of the property to others.
C. Intentionally or knowingly refusing to obey a lawful order given by the Superintendent or a person designated 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:
A. Any conduct intended to obstruct, disrupt, or interfere with teaching, research, service, administrative, or disciplinary functions or any activity sponsored or approved by the Board.
B. Physical or verbal abuse or threat of harm to any person on property owned or controlled by the District or at supervised functions sponsored by the District.
C. Forceful or unauthorized entry to or occupation of District facilities, including both buildings and grounds.
D. Illicit use, possession, distribution, or sale of tobacco, alcohol, or drugs, other controlled substances, or other illegal contraband on District property or at school-sponsored functions.
E. Use of speech or language that is offensive or inappropriate to the limited forum of the public school educational environment.
F. Failure to comply with the lawful directions of District officials or of District security officers or 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.
G. Knowing violation of a District rule and regulation. Proof that an alleged violator has a reasonable opportunity to become aware of such rules and regulations shall be sufficient proof that the violation was done knowingly.
H. Any conduct constituting an infraction of any federal, state, or city law or policy or regulation of the Board.
I. Carrying or possessing a weapon on school grounds unless the individual is a peace officer or has obtained specific authorization from the appropriate school administrator.
Additional Requirements
of the General Public
The definition of general public is anyone who does not come under the definition of student, faculty member, staff member, or employee.
A. No person shall visit or audit a classroom or other school activity, nor shall any person come upon or remain upon school premises, without approval by the principal or the principal's authorized representative. Nor shall any person conduct or attempt to conduct any activity on school premises without prior approval by the Superintendent or the Superintendent's authorized representative.
B. Any member of the general public considered by the Superintendent, or a person authorized by the Superintendent, to be in violation of these rules shall be instructed to leave the property of the District. Failure to obey the instruction may subject the person to criminal proceedings pursuant to A.R.S. 13-2911 and to any other applicable civil or criminal proceedings, or to tribal ordinance.
C. Persons attending special functions shall confine themselves to the specific part of the facility assigned in the permit.
D. Persons who engage in disorderly conduct of any kind may be subject to removal and exclusion from the facility.
E. The use of facilities shall be granted only for legitimate purposes. Therefore, the permit holder shall assume full responsibility for any unlawful act committed during the exercise of the permit.
F. No person shall possess or engage in the use of medical marijuana on District property, at a District event, or in a District vehicle.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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
KI - Visitors to Schools
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<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
38-538 et seq.
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:
A. The charter requirements and assurances found in A.R.S. 15-181 through A.R.S. 15-189.
B. All representations contained in the application/proposal and those submitted as additions to the application/proposal.
C. A description of all Board policies and rules the charter school will be required to follow.
D. 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 fifteen (15) years [A.R.S. 15-183]. A charter renewal request shall be made at the conclusion of fourteen (14) years of operation 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.
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 renewal request may be denied upon a determination by the Board that the charter school failed to complete the obligations of the contract or to comply with the laws applicable to the charter school.
A charter may be renewed for successive periods of fifteen (15) 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: date of Manual adoption
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
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: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
13-2919
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
process charter 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:
A. Provisions for charter school accountability to the school community.
B. Development of an annual school improvement plan, with supporting profile
information.
C. 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 or Describe the services the charter school plans to purchase from the School
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.
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:
A. Such advertisements shall be age appropriate and not contain promotion of any substance that is illegal for minors, such as alcohol, tobacco and drugs, or gambling. Advertisements shall comply with the state sex education policy of abstinence.
B. Advertising approved by the Governing Board for the exterior of school buses may appear only on the sides of the bus in the following areas:
1. The signs shall be below the seat level rub rail and not extend above the bottom of the side windows.
2. The signs shall be at least three (3) inches from any required lettering, lamp, wheel well or reflector behind the service door or stop signal arm.
3. The signs shall not extend from the body of the bus so as to allow a handhold or present a danger to pedestrians.
4. The signs shall not interfere with the operation of any door or window.
5. The signs shall not be placed on any emergency doors.
C. The District shall establish an advertisement fund that is composed of revenues from the sale of advertising. The 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: date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-342
CROSS REF.:
DFF - Income from School Sales and Services
Non-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<-- z2AdoptionDate -->
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
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 Manual adoption<-- z2AdoptionDate -->
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
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 adoption<-- z2AdoptionDate -->
CROSS REF.:
JJE - Student Fund-Raising Activities
Arizona School Boards Association
SUGGESTED MOTIONS TO ACCOMPLISH
POLICY MANUAL ADOPTION
Initial Motion
"I move to rescind and nullify all current and past policies of the Glendale Elementary School District No. 40."
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.
EXHIBIT
COMMUNITY USE OF
SCHOOL FACILITIES
SCHOOL 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 Educational organizations
Churches Government organizations
Recitals Service organizations
Cultural organizations Extended day resource programs
Class III Fees See below
Commercial or profit-making organizations
Facility Class II Class III
Classroom-Standard $X per hour $X per hour
$X added hours $X added hours
Computer lab/specialized $X per hour $X per hour
classroom $X added hours $X added hours
Auditorium $X per hour $X per hour
$X added hours $X added hours
Gymnasium - Primary $X per hour $X per hour
$X added hours $X added hours
Gymnasium - Secondary $X per hour $X per hour
$X added hours $X added hours
Cafeteria and kitchen $X per hour $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 $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 $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 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 value of services rendered shall be based upon the hourly wages of a beginning employee of this or another Arizona school district performing similar functions as determined by the District. 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.
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 Manual adoption<-- z2AdoptionDate -->
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 Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
11-952
15-141
15-205
15-342
15-365
15-1371
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:
A. The objectives of the research should be clearly stated and the design should produce valid and reliable results that will then be made available to the District.
B. The research should be expected to contribute to the improvement of education or the general welfare of students.
C. Data derived from school records, interviews, surveys or questionnaires that have potential for invasion of the privacy of students or their families must have advance written authorization of parents or guardians even though the collecting and reporting of data are to be conducted under conditions of anonymity.
D. Research proposals should be of sufficient scope and depth to justify the time and effort.
E. In general, instructional activities will not be interrupted unless there is a clear significance for the educational program of the schools.
F. Projects involving student researchers must have prior written approval by a faculty member of the institution in which the student is enrolled. This faculty member must have direct responsibility related to the student's 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:
A. Activities involving the collection, disclosure, or use of personal information collected from students for the purpose of marketing or for selling that information (or otherwise providing that information to others for that purpose).
B. The administration of any survey containing one (1) or more items described below.
1. Political affiliations or beliefs of the student or the student's parent.
2. Mental or psychological problems of the student or the student's family.
3. Sex behavior or attitudes.
4. Illegal, anti-social, self-incriminating, or demeaning behavior.
5. Critical appraisals of other individuals with whom respondents have close family relationships.
6. Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers.
7. Religious practices, affiliations, or beliefs of the student or the student's parent.
8. Income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).
C. Any nonemergency, invasive physical examination or screening that is:
1. required as a condition of attendance;
2. administered by the school and scheduled by the school in advance; and
3. not necessary to protect the immediate health and safety of the student, or of other students.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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
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
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 Manual adoption<-- z2AdoptionDate -->
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.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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:
A. Evidence that the school or the District is currently in compliance with all state laws and State Board of Education rules.
B. A statement identifying goals that will be accomplished and how the waiver will assist in enhancing school improvement.
C. A three (3)-year plan for school improvement.
D. Identification of the specific rules for which the waiver is requested.
E. Evidence of a public hearing held by the school or the District that provided for parental and 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 Manual adoption<-- z2AdoptionDate -->
It shall be the policy of the Board to seek the highest status of membership for its schools in AdvancEd, cooperating in the association's evaluations of the school system and considering its recommendations.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
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: <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-244
CROSS REF.:
IHBJ - Indian Education
(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: <-- z2AdoptionDate -->
LEGAL REF.:
20 U.S.C. 7701 et seq., Impact Aid Act
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."