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NEPN (master) to Peoria Unified School District No. 11 collection comparison Click on the changed parts for a detailed description. Use the left and right arrow keys to walk through the modifications. |
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first
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NEPN (master) to Peoria Unified School District No. 11 collection comparison Click on the changed parts for a detailed description. Use the left and right arrow keys to walk through the modifications. |
last
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PEORIA, MARICOPA COUNTY, ARIZONA
INTRODUCTION
This Manual contains the policies of the Governing Board and administrative regulations of the Superintendent. Policy and administrative regulation development in a modern, forward-looking school system is a dynamic, ongoing process. New problems, issues, and needs give rise to the continuing necessity to develop new policies and regulations or to revise existing ones. The loose leaf format has been selected for this Manual to facilitate its being kept up to date.
Each person to whom a copy of this Manual is assigned is charged with keeping it up to date as new policies and regulations are distributed by the central office.
How to Use This Manual
The Peoria Unified School District No. 11 is operated in accordance with policies established by the Board and regulations developed by the Superintendent. The Board, which represents the state and local community, adopts policies after careful deliberation, and the school administration implements the policies through specific regulations and procedures. The Board and administration evaluate the effects of the policies and procedures and revise them as necessary.
To promote harmony, efficiency, uniformity of interpretation, coordination of effort, and fairness to all concerned, this Manual will be accessible at the District office and at such other places as designated by the Superintendent.
How the Manual is organized. The Manual is organized according to the classification system of the National School Boards Association. The system provides an efficient means of coding, filing, and locating policies.
Please note: All copies of this Manual are the property of the Peoria Unified School District No. 11.
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
Subclassification under each heading is based on logical sequence and alphabetical subcoding. For an example of the subcoding system, examine the page immediately following the tab for Section A: FOUNDATIONS AND BASIC COMMITMENTS.
The pages that follow the tabs for each major section present the classification system, section by section, and serve as the tables of contents for the sections or "chapters" of this Manual.
How to find a policy. To find a policy in the Manual, consider where the policy would be filed among the twelve (12) major classifications. Refer to the table of contents for that section and glance down the listing until you find the term that most closely fits the topic you are seeking. Use the code letters given for the term to locate the document that appears in alphabetical order by code within the particular section. All documents in the Manual are coded in the upper right-hand corner.
If you can't find the term you are seeking, look up a synonym or other term you believe is related to the topic.
What if you can find the term and code, but there is no policy? This probably means that the school system has not adopted a written policy in the particular area. All terms used in the classification system appear in the sectional tables of contents to accommodate the coding, insertion, and location of policies that may be adopted later. But there is another possibility. A brief statement related to the policy you are seeking may be incorporated in a "superior" policy that covers the more general area. This "superior" policy will be coded under the broader category. To find it, read up the classification system. For example, a policy statement that encompasses all meetings of the Board might be filed under "School Board Meetings" (BE) rather than the more restrictive heading "Regular Board Meetings" (BEA).
Using the 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:
-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 regulation, the "-R" will be followed by a letter; e.g., "-RA," "-RB," et cetera.
REGULATION
-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 reference document, the "-E" will be followed by a letter; e.g., "-EA," "-EB," et cetera.
EXHIBIT
Using References. Implementation of policies requires coordination with other policies and regulations. A policy does not usually stand alone, rather, there are other policies or regulations that may apply. For example the policy on Suspension is an integral part of the implementation of the policy on Weapons in the School. 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 to the circumstances or fact pattern bringing about the use of the policy.
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 regulatory pronouncements, important legal opinions and will occasionally cite case law. It is important to mention here that other laws and/or court decisions may also be applicable to a particular policy but not all can be cited. 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 in depth understanding of policy.
About Board Policies
Generally, the role of a Board is to set policy, and the role of the administration is to execute it. The basic distinction as set forth by the National School Boards Association is:
● Policies are principles adopted by the Board to chart a course of action. They tell what is wanted and may include also why and how much. They are broad enough to indicate a line of action to be taken by the administration in meeting a number of day-to-day problems; they need to be narrow enough to give the administration clear guidance.
● Regulations are the detailed directions developed by the administration to put policy into practice. They tell how, by whom, where, and when things are to be done.
● Exhibits are checklists, sample documents, forms, and other informational items to assist in implementing policies or procedures.
● The state and federal governments at times require governing boards to make detailed rules, or the Governing Board may decide that such rules are necessary. In spite of the detailed nature of such rules, once adopted by the Board they become policy.
Therefore:
● Where the Board has voluntarily adopted statements of principle or written regulations required by law or has established a position in particularly sensitive areas, and one or more of them are incorporated into policy, the entire statement is presented as policy.
● Where the Board has adopted rules concerning its own operations (for instance, how it conducts meetings), these statements concerning operations of the Board also appear as policy.
As long as the administration operates within the guidelines of policy adopted by the Board, it may issue regulations without prior Board approval unless Board action is required by law or unless the Board has specifically directed that certain types of regulations be given Board approval. The Board, of course, is to be kept informed of all District regulations issued by the administration, and all are subject to Board review.
In keeping with the definitions and rules of thumb, the current policies of the Board are presented in this Manual.
Is the Manual Complete?
No. The Manual contains all of the current written policies of the Board. However, there is an almost continual need to draft and adopt new written policies and revise the existing ones. Additionally, changes in state law and State Board of Education regulations may necessitate policy modifications. No matter how well a policy manual is conceived and developed, it can never be totally comprehensive and absolutely up to date. Therefore, as new policies are developed, they will be coded according to the classification system and issued for insertion into the Manual.
Order of precedence. Board policies must be read and interpreted in conformance with the applicable state and federal statutes and regulations. Wherever inconsistencies of interpretation arise, the law and regulations prevail.
Terminology
Whenever the term Superintendent appears in this Manual it is to be interpreted as "Superintendent or a person designated by the Superintendent."
Whenever the term principal appears in this Manual it is to be interpreted as "principal or a person designated by the principal."
Whenever the term District appears in this Manual it is to be interpreted as the "Peoria Unified School District."
Whenever the terms Board or Governing Board appear in this Manual they are to be interpreted as the "Governing Board of the Peoria Unified School District."
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: December 14, 2010
POLICY MANUAL AND
ADMINISTRATIVE REGULATIONS
PEORIA, MARICOPA COUNTY, ARIZONA
INTRODUCTION
This Manual contains the policies of the Governing Board and administrative regulations of the Superintendent. Policy and administrative regulation development in a modern, forward-looking school system is a dynamic, ongoing process. New problems, issues, and needs give rise to the continuing necessity to develop new policies and regulations or to revise existing ones. The loose leaf format has been selected for this Manual to facilitate its being kept up to date.
Each person to whom a copy of this Manual is assigned is charged with keeping it up to date as new policies and regulations are distributed by the central office.
How to Use This Manual
The Peoria Unified School District No. 11 is operated in accordance with policies established by the Board and regulations developed by the Superintendent. The Board, which represents the state and local community, adopts policies after careful deliberation, and the school administration implements the policies through specific regulations and procedures. The Board and administration evaluate the effects of the policies and procedures and revise them as necessary.
To promote harmony, efficiency, uniformity of interpretation, coordination of effort, and fairness to all concerned, this Manual will be accessible at the District office and at such other places as designated by the Superintendent.
How the Manual is organized. The Manual is organized according to the classification system of the National School Boards Association. The system provides an efficient means of coding, filing, and locating policies.
Please note: All copies of this Manual are the property of the Peoria Unified School District No. 11.
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
Subclassification under each heading is based on logical sequence and alphabetical subcoding. For an example of the subcoding system, examine the page immediately following the tab for Section A: FOUNDATIONS AND BASIC COMMITMENTS.
The pages that follow the tabs for each major section present the classification system, section by section, and serve as the tables of contents for the sections or "chapters" of this Manual.
How to find a policy. To find a policy in the Manual, consider where the policy would be filed among the twelve (12) major classifications. Refer to the table of contents for that section and glance down the listing until you find the term that most closely fits the topic you are seeking. Use the code letters given for the term to locate the document that appears in alphabetical order by code within the particular section. All documents in the Manual are coded in the upper right-hand corner.
If you can't find the term you are seeking, look up a synonym or other term you believe is related to the topic.
What if you can find the term and code, but there is no policy? This probably means that the school system has not adopted a written policy in the particular area. All terms used in the classification system appear in the sectional tables of contents to accommodate the coding, insertion, and location of policies that may be adopted later. But there is another possibility. A brief statement related to the policy you are seeking may be incorporated in a "superior" policy that covers the more general area. This "superior" policy will be coded under the broader category. To find it, read up the classification system. For example, a policy statement that encompasses all meetings of the Board might be filed under "School Board Meetings" (BE) rather than the more restrictive heading "Regular Board Meetings" (BEA).
Using the 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:
-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 regulation, the "-R" will be followed by a letter; e.g., "-RA," "-RB," et cetera.
REGULATION
-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 reference document, the "-E" will be followed by a letter; e.g., "-EA," "-EB," et cetera.
EXHIBIT
Using References. Implementation of policies requires coordination with other policies and regulations. A policy does not usually stand alone, rather, there are other policies or regulations that may apply. For example the policy on Suspension is an integral part of the implementation of the policy on Weapons in the School. 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 to the circumstances or fact pattern bringing about the use of the policy.
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 regulatory pronouncements, important legal opinions and will occasionally cite case law. It is important to mention here that other laws and/or court decisions may also be applicable to a particular policy but not all can be cited. 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 in depth understanding of policy.
About Board Policies
Generally, the role of a Board is to set policy, and the role of the administration is to execute it. The basic distinction as set forth by the National School Boards Association is:
● Policies are principles adopted by the Board to chart a course of action. They tell what is wanted and may include also why and how much. They are broad enough to indicate a line of action to be taken by the administration in meeting a number of day-to-day problems; they need to be narrow enough to give the administration clear guidance.
● Regulations are the detailed directions developed by the administration to put policy into practice. They tell how, by whom, where, and when things are to be done.
● Exhibits are checklists, sample documents, forms, and other informational items to assist in implementing policies or procedures.
● The state and federal governments at times require governing boards to make detailed rules, or the Governing Board may decide that such rules are necessary. In spite of the detailed nature of such rules, once adopted by the Board they become policy.
Therefore:
● Where the Board has voluntarily adopted statements of principle or written regulations required by law or has established a position in particularly sensitive areas, and one or more of them are incorporated into policy, the entire statement is presented as policy.
● Where the Board has adopted rules concerning its own operations (for instance, how it conducts meetings), these statements concerning operations of the Board also appear as policy.
As long as the administration operates within the guidelines of policy adopted by the Board, it may issue regulations without prior Board approval unless Board action is required by law or unless the Board has specifically directed that certain types of regulations be given Board approval. The Board, of course, is to be kept informed of all District regulations issued by the administration, and all are subject to Board review.
In keeping with the definitions and rules of thumb, the current policies of the Board are presented in this Manual.
Is the Manual Complete?
No. The Manual contains all of the current written policies of the Board. However, there is an almost continual need to draft and adopt new written policies and revise the existing ones. Additionally, changes in state law and State Board of Education regulations may necessitate policy modifications. No matter how well a policy manual is conceived and developed, it can never be totally comprehensive and absolutely up to date. Therefore, as new policies are developed, they will be coded according to the classification system and issued for insertion into the Manual.
Order of precedence. Board policies must be read and interpreted in conformance with the applicable state and federal statutes and regulations. Wherever inconsistencies of interpretation arise, the law and regulations prevail.
Terminology
Whenever the term Superintendent appears in this Manual it is to be interpreted as "Superintendent or a person designated by the Superintendent."
Whenever the term principal appears in this Manual it is to be interpreted as "principal or a person designated by the principal."
Whenever the term District appears in this Manual it is to be interpreted as the "Peoria Unified School District."
Whenever the terms Board or Governing Board appear in this Manual they are to be interpreted as the "Governing Board of the Peoria Unified School District."
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: December 14, 2010
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:
Vision
Every student, every day, prepared to meet tomorrow.
Mission Statement
The mission of the Peoria Unified School District is to provide each student with an excellent education that includes the academic, life and social skills to become a productive and responsible citizen.
Values
People - People are the District's most valuable resource. We encourage, support and care for one another.
Equity Equity embraces the needs of each individual within our community. We value the diversity as we strive to meet the fundamental needs of all.
Outreach Outreach creates partnership within our community. Through shared leadership and decision making, we work as a team to develop and sustain the common good.
Respect Respect of personal differences creates a culture of dignity and compassion.
Integrity Integrity is at the core of all our actions in the Peoria Unified School District (PUSD).
Achievement Achievement is the personal growth of every student, every day.
Strategic Goals
Student Learning
This is the overriding focus of everything we do. It involves high standards, supported by a meaningful curriculum. The standards and curriculum are well integrated into our daily work - at the classroom, school, District and community levels. It also involves continuous efforts to ensure learning for all students. This involves innovative practice that serves all students and strives toward the highest standard of excellence in education. This area helps actualize the PUSD Values - Integrity is at the core of all our actions, and equity embraces the needs of each individual within our community.
Community Connectedness
This area emphasizes strong and ongoing partnership connections with our internal and external communities. We see the community as a valuable site for real world learning. Equally important, this area values the community's understanding and use of assessment results as imperative to ongoing improvement in student learning. This area helps actualize the PUSD Value - Outreach creates a partnership with the community.
Capacity Development
This area addresses both organizational and human resource development. It requires continuous innovation to improve organizational structures and procedures throughout the system to improve learning for each student. Further, it encompasses the development of all staff in the full range of human resource development, including recruitment, selection, continuing skill development and performance evaluation. This area helps actualize the PUSD Values - People are the District's most valuable resource, and respect of personal differences creates a culture of dignity and compassion.
Data-Driven Decision Making
This area identifies the extent to which our school system is effectively using information and data. It prompts us to examine show we use multiple sources of data to improve instructional practice and to continuously examine relationships between our work efforts, the outcomes they are achieving, and the improvement strategies we are using. The continuous use of data is seen as central to accomplishing our mission to improve performance for each student in the District. This area helps actualize the PUSD Values - Achievement is the personal growth of every student, every day.
Adopted: date of Manual adoption
(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. 11 of Maricopa _____ of ______________ County. The official name shall be Peoria Unified ______________ School District No. 11___.
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)
PEORIA UNIFIED __________ SCHOOL DISTRICT NO. 11
PEORIA, MARICOPA COUNTY, ARIZONA
A PARCEL OF LAND LOCATED IN SECTIONS 3, 4, 5 AND 6 OF TOWNSHIP 2 NORTH, RANGE 1 EAST OF THE G.&S.R.B.&M. TOGETHER WITH SECTIONS 1, 2, 3, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 21, 22, 23, 24, 25, 26, 27, 28, 30, 31, 32, 33, 34, 35 AND 36 OF TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE G.&S.R.B.&M. TOGETHER WITH SECTIONS 5, 6, 7, 8, 17, 18, 19, 20, 29 AND 30 OF TOWNSHIP 3 NORTH, RANGE 2 EAST OF THE G.&S.R.B.&M. TOGETHER WITH SECTIONS 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 26, 27, 28, 30, 31, 33, 34 AND 35 OF TOWNSHIP 4 NORTH, RANGE 1 EAST OF THE G.&S.R.B.&M. TOGETHER WITH SECTIONS 1, 2, 3, 10, 11, 12, 13, 14, 15, 16 AND 24 OF TOWNSHIP 4 NORTH, RANGE 1 WEST OF THE G.&S.R.B.&M. TOGETHER WITH SECTIONS 1, 2, 3, 4, 9, 10, 11, 12, 13, 14, 15, 16, 22, 23, 24, 25, 26, 27, 34, 35 AND 36 OF TOWNSHIP 5 NORTH, RANGE 1 WEST OF THE G.&S.R.B.&M. TOGETHER WITH SECTIONS 5, 6, 7, 8, 17, 18, 19, 20, 29, 30, 31 AND 32 OF TOWNSHIP 5 NORTH, RANGE 1 EAST OF THE G.&S.R.B.&M. TOGETHER WITH SECTIONS 1, 2, 3, 4, 9, 10, 11, 12, 13, 14, 15, 16, 21, 22, 23, 24, 25, 26, 27, 28, 33, 34, 35 AND 36 OF TOWNSHIP 6 NORTH, RANGE 1 WEST OF THE G.&S.R.B.&M. TOGETHER WITH SECTIONS 5, 6, 7, 8, 17, 18, 19, 20, 29, 30, 31 AND 32 OF TOWNSHIP 6 NORTH, RANGE 1 EAST OF THE G.&S.R.B.&M. TOGETHER WITH SECTIONS 33, 34 AND 35 OF TOWNSHIP 7 NORTH, RANGE 1 WEST OF THE G.&S.R.B.&M. MARICOPA COUNTY, ARIZONA MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 3, TOWNSHIP 2 NORTH, RANGE 1 EAST SAID POINT BEING THE TRUE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE WESTERLY ALONG THE SOUTH LINES OF SECTIONS 3, 4, 5 AND 6 TO THE SOUTHWEST CORNER OF SAID SECTION 6; THENCE NORTHERLY ALONG THE WEST LINE OF SECTION 6 TO THE NORTHWEST CORNER OF SAID SECTION 6 WHICH POINT IS THE SAME AS THE SOUTHWEST CORNER OF SECTION 31, TOWNSHIP 3 NORTH, RANGE 1 EAST; THENCE NORTHERLY ALONG THE WEST SECTION LINE OF SECTIONS 31, 30 AND 19 TO THE NORTHWEST CORNER OF SAID SECTION 19; THENCE NORTHEASTERLY INTO SECTION 18 ALONG THE CITY LIMIT LINE OF THE TOWN OF YOUNGTOWN TO THE SOUTH RIGHT OF WAY OF GRAND AVENUE; THENCE SOUTHEASTERLY ALONG THE SOUTH RIGHT OF WAY LINE OF GRAND AVENUE TO THE INTERSECTION OF THE NORTH SOUTH MID SECTION LINE OF SAID SECTION 18; THENCE SOUTHERLY ALONG THE NORTH SOUTH MIDSECTION LINE OF SECTIONS 18 AND 19 TO THE SOUTH QUARTER CORNER OF SAID SECTION 19 SAID POINT BEING THE SAME AS THE NORTH QUARTER CORNER OF SECTION 30;
THENCE WESTERLY ALONG THE NORTH LINE OF SECTION 30 AS SHOWN ON THE PLAT OF RANCHO ESTATES AS RECORDED IN BOOK 113, PAGE 21 MCR TO THE POINT OF INTERSECTION OF THE EAST PROPERTY LINE OF LOT 14 OF SAID RANCHO ESTATES AND THE NORTH SECTION LINE OF SAID SECTION 30; THENCE SOUTHERLY ALONG SAID EAST PROPERTY LINE OF SAID LOT 14 TO THE SOUTHEAST CORNER OF SAID LOT 14; THENCE WESTERLY ALONG THE SOUTH LINE OF LOTS 14, 15, 16, 17, 18, 19, 20 AND 21 OF SAID RANCHO ESTATES TO THE SOUTHWEST CORNER OF SAID LOT 21; THENCE SOUTHERLY ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 3 NORTH, RANGE 1 EAST TO A POINT 16 FEET WEST OF THE SOUTHWEST CORNER OF LOT 22 OF RANCHO ESTATES, UNIT 2 AS RECORDED IN BOOK 129, PAGE 8 MCR; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 22 TO A POINT ON THE WEST RIGHT OF WAY LINE OF 112TH AVENUE AS SHOWN ON SAID PLAT OF RANCHO ESTATES UNIT 2; THENCE SOUTHERLY ALONG SAID RIGHT OF WAY LINE TO THE NORTHEAST CORNER OF TRACT "D" AS SHOWN ON THE PLAT OF RANCHO ESTATES UNIT 3 AS RECORDED IN BOOK 172, PAGE 46 MCR; THENCE WESTERLY ALONG THE NORTH LINE OF SAID TRACT "D" TO THE INTERSECTION OF THE NORTH LINE OF SAID TRACT "D" AND THE WEST LINE OF THE EAST HALF OF THE WEST HALF OF SAID SECTION 30; THENCE CONTINUING SOUTHWESTERLY ALONG A LINE 16 FEET NORTH OF LOT 22 OF SAID RANCHO ESTATES UNIT 3 TO A POINT OF INTERSECTION OF THE NORTH AND WEST LINES OF AN EXISTING ALLEY; THENCE SOUTHEASTERLY ALONG A LINE 16 FEET WEST OF THE LOT LINES OF LOTS 22, 21, 20 AND 19 OF SAID RANCHO ESTATES UNIT 3 TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30; THENCE SOUTHERLY ALONG THE WEST LINE OF THE EAST HALF OF THE WEST HALF OF SAID SECTION 30; THENCE SOUTHEASTERLY ALONG THE BOUNDARY LINE OF RANCHO ESTATES UNIT FOUR AS RECORDED IN BOOK 182, PAGE 40 MCR TO THE POINT OF INTERSECTION WITH THE SOUTH LINE OF SECTION 30;
THENCE EASTERLY TO THE SOUTH QUARTER CORNER OF SAID SECTION 30 SAID POINT BEING THE SAME AS THE NORTH QUARTER CORNER OF SECTION 31; THENCE EASTERLY ALONG THE NORTH SECTION LINE OF SECTIONS 31 AND 32 TO THE NORTHEAST CORNER OF SAID SECTION 32 SAID POINT BEING THE SAME AS THE SOUTHWEST CORNER OF SECTION 28; THENCE NORTHERLY ALONG THE WEST SECTION LINE OF SECTIONS 28 AND 21 TO THE WEST QUARTER CORNER OF SAID SECTION 21; THENCE EASTERLY ALONG THE EAST WEST MID SECTION LINE OF SAID SECTION 21 TO THE CENTER OF SAID SECTION 21; THENCE NORTHERLY ALONG THE NORTH SOUTH MID SECTION LINE OF SECTIONS 21 AND 16 TO THE NORTH QUARTER CORNER OF SAID SECTION 16; THENCE EASTERLY ALONG THE NORTH LINE OF SAID SECTION 16 TO THE POINT OF INTERSECTION OF THE WEST LINE OF THE EAST 600 FEET OF SECTION 9 WITH THE NORTH LINE OF SAID SECTION 16; THENCE NORTHERLY ALONG THE WEST LINE OF THE EAST 600 FEET OF SAID SECTION 9 TO A POINT ON THE NORTH LINE OF SAID SECTION 9; THENCE EASTERLY ALONG THE NORTH LINE OF SAID SECTION 9 TO THE NORTHEAST CORNER OF SAID SECTION 9 SAID POINT BEING THE SAME AS THE NORTHWEST CORNER OF SECTION 10 AND THE SOUTHWEST CORNER OF SECTION 3; THENCE NORTHERLY ALONG THE WEST SECTION LINE OF SAID SECTION 3 TO THE NORTHWEST CORNER OF SAID SECTION 3 SAID POINT BEING THE SAME AS THE SOUTHEAST CORNER OF SECTION 33 AND THE SOUTHWEST CORNER OF SECTION 34, TOWNSHIP 4 NORTH, RANGE 1 EAST; THENCE WESTERLY ALONG THE SOUTH LINE OF SECTION 33 TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 33; THENCE NORTHERLY THROUGH SAID SECTION 33 TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 33 SAID POINT ALSO BEING ON THE SOUTH LINE OF SECTION 28; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID SECTION 28 TO THE SOUTHWEST CORNER OF SAID SECTION 28; THENCE NORTHERLY ALONG THE WEST LINE OF SAID SECTION 28 TO THE NORTHWEST CORNER OF SAID SECTION 28 SAID POINT BEING THE SAME AS THE SOUTHEAST CORNER OF SECTION 20; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID SECTION 20 TO THE SOUTHWEST CORNER OF SAID SECTION 20 SAID POINT BEING THE SAME AS THE NORTHEAST CORNER OF SECTION 30; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID SECTION 30 TO THE SOUTHEAST CORNER OF SAID SECTION 30; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID SECTION 30 TO THE SOUTH QUARTER CORNER OF SAID SECTION 30 SAID POINT BEING THE SAME AS THE NORTH QUARTER CORNER OF SECTION 31;
THENCE SOUTHERLY ALONG THE NORTH SOUTH MID SECTION LINE OF SAID SECTION 31 TO THE CENTER OF THE SECTION AS SHOWN ON THE PLAT OF CANYON RIDGE WEST PARCEL 6 AS RECORDED IN BOOK 508, PAGE 30 MCR; THENCE WESTERLY ALONG THE EAST WEST MID SECTION LINE OF SAID SECTION 31 TO A NON TANGENT POINT OF INTERSECTION OF SAID EAST WEST MID SECTION LINE AND THE MONUMENT LINE OF AVENUE OF THE ARTS AS SHOWN ON SAID PLAT OF CANYON RIDGE WEST PARCEL 6; THENCE NORTHWESTERLY AND WESTERLY ALONG THE MONUMENT LINE OF SAID AVENUE OF THE ARTS TO A POINT ON THE WEST LINE OF SAID SECTION 31;
THENCE NORTHERLY ALONG THE WEST SECTION LINE OF SECTION 31, 30 AND 19 TO POINT OF INTERSECTION WITH THE NORTH RIGHT OF WAY LINE OF HARMONY LANE; THENCE WESTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE THROUGH SECTION 24, TOWNSHIP 4 NORTH, RANGE 1 WEST TO A POINT OF THE WEST LINE OF SAID SECTION 24; THENCE NORTHERLY ALONG THE WEST LINE OF SAID SECTION 24 TO THE NORTHWEST CORNER OF SAID SECTION 24 SAID POINT BEING THE SAME AS THE SOUTHEAST CORNER OF SECTION 14, TOWNSHIP 4 NORTH, 1 WEST; THENCE WESTERLY ALONG THE SOUTH LINE OF SECTIONS 14 AND 15 TO THE SOUTH QUARTER CORNER OF SAID SECTION 15;
THENCE CONTINUING ALONG SAID SOUTH SECTION LINE OF SAID SECTION 15 TO A POINT ON THE WEST RIGHT OF WAY LINE OF 135TH AVENUE AS SHOWN ON THE PLAT OF SUN CITY WEST UNIT 52 AS RECORDED IN BOOK 365, PAGE 12, MCR; THENCE NORTHEASTERLY ALONG SAID WEST RIGHT OF WAY LINE OF 135TH AVENUE TO THE SOUTH EAST CORNER OF TRACT "A" AS SHOWN ON SAID PLAT TO SUN CITY WEST UNIT 52; THENCE WESTERLY, NORTHERLY AND WESTERLY ALONG THE SOUTH BOUNDARY LINE OF SAID TRACT "A" TO A POINT ON THE WEST LINE OF SAID SECTION 15, THE SOUTHWEST CORNER OF SAID SECTION 15 ALSO BEING THE SOUTHEAST CORNER OF SECTION 16 BEARS SOUTH 00°31'55" WEST A DISTANCE OF 353.44 FEET; THENCE FROM SAID POINT ON THE SECTION LINE BETWEEN SECTIONS 15 AND 16; THENCE NORTH 68°37'10" WEST A DISTANCE OF 119.29 FEET; THENCE NORTH 62°43'27" WEST A DISTANCE OF 165.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY, TO WHICH POINT A RADIAL LINE BEARS SOUTH 62°43'27" EAST; THENCE SOUTHWESTERLY 243.41 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 205.00 FEET, THROUGH A CENTRAL ANGLE OF 68°01'55" TO A POINT; THENCE NORTH 84°41'32" WEST A DISTANCE OF 125.07 FEET TO THE BEGINNING OF A CURVE, SOUTHERLY, HAVING A RADIUS OF 1500.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15°11'49", A DISTANCE OF 397.85 FEET; THENCE NORTH 14°26'32" WEST A DISTANCE OF 441.16 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE WESTERLY, TO WHICH POINT A RADIAL LINE BEARS SOUTH 73°58'51" EAST; THENCE NORTHERLY 309.22 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 1000.00 FEET, THOUGH A CENTRAL ANGLE OF 17°43'00" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 1000.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 19°44'27", A DISTANCE OF 344.54 FEET; THENCE NORTH 18°02'36" EAST A DISTANCE OF 251.52 FEET TO THE BEGINNING OF A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 550.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 18°34'46", A DISTANCE OF 178.35 FEET; THENCE NORTH 52°09'23" WEST A DISTANCE OF 108.20 FEET; THENCE NORTH 61°19'44" EAST A DISTANCE OF 296.78 FEET; THENCE NORTH 41°52'22" EAST 1 A DISTANCE OF 110.40 FEET; THENCE NORTH 04°29'44" WEST A DISTANCE OF 360.51 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 600.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 54°51'04", A DISTANCE OF 574.40 FEET; THENCE NORTH 59°20'49" WEST A DISTANCE OF 297.92 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 750.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15°08'41", A DISTANCE OF 198.25 FEET; THENCE NORTH 30°39'11" EAST A DISTANCE OF 591.05 FEET; THENCE NORTH 41°47'48" EAST A DISTANCE OF 61.15 FEET; THENCE NORTH 30°39'11" EAST A DISTANCE OF 190.00 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 225.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°00'00", A DISTANCE OF 353.43 FEET; THENCE SOUTH 59°20'49" EAST 662.78 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 675.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 11°17'04", A DISTANCE OF 132.94 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 16; THENCE EASTERLY, SOUTHEASTERLY AND SOUTHERLY ALONG THE NORTH AND EAST SIDES OF TRACT "A" AS SHOWN ON THE PLAT OF SUN CITY WEST UNIT 54 AS RECORDED IN BOOK 372, PAGE 45 TO A POINT ON THE NORTH RIGHT OF WAY LINE OF WILLIAMS DRIVE AS SHOWN ON SAID PLAT OF SUN CITY WEST UNIT 54; THENCE EASTERLY ALONG THE NORTH RIGHT OF WAY LINE OF WILLIAMS DRIVE TO A POINT OF INTERSECTION WITH THE NORTH SOUTH MID SECTION LINE OF SAID SECTION 15; THENCE NORTHERLY ALONG SAID NORTH SOUTH MID SECTION LINE TO THE NORTHEAST CORNER OF SAID SUN CITY WEST UNIT 54; THENCE WESTERLY ALONG THE NORTH LINE OF SAID SUN CITY WEST UNIT 54 TO A POINT ON THE WEST SECTION LINE OF SAID SECTION 15;
THENCE NORTHERLY ALONG THE WEST SECTION LINE OF SECTIONS 15, 10 AND 3 TO THE NORTHWEST CORNER OF SAID SECTION 3 SAID POINT BEING THE SAME AS THE SOUTHWEST CORNER OF SECTION 34, TOWNSHIP 5 NORTH, RAGE 1 WEST; THENCE NORTHERLY ALONG THE WEST SECTION LINE OF SECTION 34, 27 AND 22 TO THE NORTHWEST CORNER OF SAID SECTION 22 SAID POINT BEING THE SAME AS THE SOUTHEAST CORNER OF SECTION 16; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID SECTION 16 TO THE SOUTHWEST CORNER OF SAID SECTION 16; THENCE NORTHERLY ALONG THE WEST SECTION LINE OF SECTIONS 16, 9 AND 4 TO THE NORTHWEST CORNER OF SAID SECTION 4 SAID POINT BEING THE SAME AS THE SOUTHWEST CORNER OF SECTION 33, TOWNSHIP 6 NORTH, RANGE 1 WEST; THENCE NORTHERLY ALONG THE WEST SECTION LINE OF SECTIONS 33, 28, 21, 16, 9 AND 4 TO THE NORTHWEST CORNER OF SAID SECTION 4; THENCE EASTERLY ALONG THE NORTH LINE OF SECTION 4 TO THE SOUTHWEST CORNER OF SECTION 33, TOWNSHIP 7 NORTH, RANGE 1 WEST; THENCE NORTHERLY ALONG THE WEST LINE OF SAID SECTION 33 TO ITS POINT OF INTERSECTION WITH THE MARICOPA COUNTY LINE; THENCE SOUTHEASTERLY ALONG SAID COUNTY LINE THROUGH SECTIONS 33, 34 AND 35 TO A POINT ON THE SOUTH LINE OF SAID SECTION 35 SAID POINT BEING LOCATED ON THE NORTH LINE OF SECTION 2, TOWNSHIP 6 NORTH, RANGE 1 WEST; THENCE CONTINUING ALONG SAID COUNTY LINE THROUGH SECTIONS 2 AND 1 TO A POINT ON THE EAST LINE OF SAID SECTION 1 SAID POINT BEING LOCATED ON THE WEST LINE OF SECTION 6, TOWNSHIP 6 NORTH, RANGE 1 EAST; THENCE CONTINUING SOUTHEASTERLY ALONG SAID COUNTY LINE THROUGH SECTIONS 6, 5 AND 8 TO A POINT OF CUSP ON SAID COUNTY LINE; THENCE NORTHEASTERLY ALONG SAID COUNTY LINE THROUGH SECTIONS 8 AND 5 TO A POINT ON THE EAST SECTION LINE OF SAID SECTION 5; THENCE SOUTHERLY ALONG THE EAST LINE OF SECTIONS 5, 8, 17, 20, 29 AND 32 TO THE SOUTHEAST CORNER OF SAID SECTION 32 SAID POINT BEING THE SAME AS THE NORTHEAST CORNER OF SECTION 5, TOWNSHIP 5 NORTH, RANGE 1 EAST; THENCE SOUTHERLY ALONG THE EAST SECTION LINE OF SECTIONS 5, 8, 17, 20, 29 AND 32 TO THE SOUTHEAST CORNER OF SAID SECTION 32 SAID POINT BEING THE SAME AS THE NORTHWEST CORNER OF SECTION 4, TOWNSHIP 4 NORTH, RANGE 1 EAST; THENCE EASTERLY ALONG THE NORTH LINE OF SAID SECTION 4 TO THE NORTHEAST CORNER OF SAID SECTION 4 SAID POINT BEING THE SAME AS THE NORTHWEST CORNER OF SECTION 3, THE NORTH QUARTER CORNER OF SAID SECTION 3 BEARS NORTH 89°47'09" EAST A DISTANCE OF 2644.57;
THENCE FROM SAID NORTHWEST CORNER OF SAID SECTION 3 SOUTH 01°57'07" EAST ALONG THE WEST LINE OF SAID SECTION 3 A DISTANCE OF 2226.43 FEET; THENCE NORTH 88°02'53" EAST A DISTANCE OF 500.47 FEET; THENCE SOUTH 01°57'07" EAST A DISTANCE OF 272.46 FEET; THENCE NORTH 88°19'19" EAST A DISTANCE OF 1513.59 FEET; THENCE SOUTH 06°51'55" WEST A DISTANCE OF 324.89 FEET; THENCE SOUTH 85°16'58" EAST A DISTANCE OF 1491.52 FEET; THENCE SOUTH 06°54'17" WEST A DISTANCE OF 601.77 FEET; THENCE SOUTH 85°16'58" EAST A DISTANCE OF 1491.52 FEET; THENCE SOUTH 06°54'17" WEST A DISTANCE OF 601.77 FEET; THENCE NORTH 85°16'30" WEST A DISTANCE OF 400.05 FEET; THENCE SOUTH 06°53'06" WEST A DISTANCE OF 610.14 FEET; THENCE SOUTH 83°06'09" EAST A DISTANCE OF 1500.04 FEET; THENCE NORTH 89°02'09" EAST A DISTANCE OF 761.61 FEET; THENCE NORTH 01°24'58" EAST A DISTANCE OF 115.30 FEET; THENCE NORTH 77°30'56" EAST A DISTANCE OF 154.64 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 3; THENCE NORTH 01°38'31" WEST ALONG SAID EAST LINE OF SAID SECTION 3 A DISTANCE OF 1475.31 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 3; THENCE CONTINUING ALONG SAID EAST SECTION LINE OF SAID SECTION 3 NORTH 01°38'57" WEST A DISTANCE OF 2583.43 FEET TO THE NORTHEAST CORNER OF SECTION 3 SAID POINT BEING THE SAME AS THE NORTHWEST CORNER OF 2;
THENCE EASTERLY ALONG THE NORTH LINE OF SAID SECTION 2 TO THE NORTHEAST CORNER OF SAID SECTION 2; THENCE SOUTHERLY ALONG THE EAST SECTION LINE OF SECTIONS 2, 11 AND 14 TO THE SOUTHEAST CORNER OF SAID SECTION 14 SAID POINT BEING THE SAME AS THE NORTHEAST CORNER OF SECTION 23;
THENCE WESTERLY ALONG THE NORTH LINE OF SAID SECTION 23 TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 23; THENCE SOUTHERLY TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 23; THENCE WESTERLY TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 23; THENCE SOUTHERLY TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 23; THENCE WESTERLY TO THE CENTER OF SAID SECTION 23; THENCE SOUTHERLY ALONG THE NORTH SOUTH MID SECTION LINE OF SECTIONS 23 AND 26 TO THE CENTER OF SAID SECTION 26; THENCE WESTERLY ALONG THE EAST WEST MID SECTION LINE OF SAID SECTION 26 TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26; THENCE SOUTHERLY TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 26; THENCE CONTINUING SOUTHERLY TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35; THENCE WESTERLY ALONG THE EAST WEST MID SECTION LINE OF SAID SECTION 35 TO THE WEST QUARTER CORNER OF SAID SECTION 35 SAID POINT BEING THE SAME AS THE EAST QUARTER CORNER OF SECTION 34;
THENCE SOUTHERLY ALONG THE EAST SECTION LINE OF SECTION 34 TO THE SOUTHEAST CORNER OF SAID SECTION 34 SAID POINT BEING THE SAME AS THE NORTHWEST CORNER OF SECTION 2 TOWNSHIP 3 NORTH, RANGE 1 EAST; THENCE EASTERLY ALONG THE NORTH SECTION LINE OF SECTION 2 AND 1 TO THE NORTHEAST CORNER OF SAID SECTION 1 SAID POINT BEING THE SAME AS THE NORTHWEST CORNER OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 2 EAST; THENCE EASTERLY ALONG THE NORTH SECTION LINE OF SECTIONS 6 AND 5 TO THE NORTHEAST CORNER OF SAID SECTION 5; THENCE SOUTHERLY ALONG THE EAST SECTION LINE OF SECTIONS 5, 8, 17, 20 AND 29 TO THE SOUTHEAST CORNER OF SAID SECTION 29; THENCE WESTERLY ALONG THE SOUTH SECTION LINE OF SAID SECTION 29 AND 30 TO THE SOUTHWEST CORNER OF SECTION SAID SECTION 30 SAID POINT BEING THE SAME AS THE SOUTHEAST CORNER OF SECTION 25, TOWNSHIP 3 NORTH, 1 EAST; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID SECTION 25 TO THE SOUTH QUARTER CORNER OF SAID SECTION 25 SAID POINT BEING THE SAME AS THE NORTH QUARTER CORNER OF SECTION 36; THENCE SOUTHERLY ALONG THE NORTH SOUTH MID SECTION LINE OF SAID SECTION 36 TO THE SOUTH QUARTER CORNER OF SAID SECTION 36; THENCE WESTERLY ALONG THE SOUTH LINE OF SECTIONS 36 AND 35 TO THE SOUTHWEST CORNER OF SAID SECTION 35 SAID POINT BEING THE SAME AS THE NORTHEAST CORNER OF SECTION 3, TOWNSHIP 2 NORTH, RANGE 1 EAST; THENCE SOUTHERLY ALONG THE EAST SECTION LINE OF SAID SECTION 3 TO THE SOUTHEAST CORNER OF SAID SECTION 3 AND THE TRUE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED.
_____
__________, __________ 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 school levels, incorporate to the maximum extent possible, a variety of activities, strategies, and mechanisms into the District and 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 ActArizona Constitution, Ordinance Art. XX, Par. Seventh
CROSS REF.:
ACA - Sexual Harassment
GBA - Equal Employment Opportunity
GCQF - Discipline, Suspension, and Dismissal of Professional Staff Members
GDQD - Discipline, Suspension, and Dismissal of Support Staff Members
IHBA - Special Instructional Programs and Accommodations for
Disabled Students
JB - Equal Educational Opportunities
JII - Student Concerns, Complaints and Grievances
JK - Student Discipline
JKD - Student Suspension
KED - Public Concerns/Complaints about Facilities or Services
REGULATION
NONDISCRIMINATION / EQUAL OPPORTUNITY
Compliance Officer
The Director of Special Education Superintendent shall be the compliance officer. Any person who feels unlawfully discriminated against or to have been the victim of unlawful discrimination by an agent or employee of the District or who knows of such discrimination against another person should file a complaint with the Director of Human ResourcesSuperintendent. If the Superintendent is the one alleged to have unlawfully discriminated, the complaint shall be filed with the President of the Board.
Complaint Procedure
The District is committed to investigating each complaint and to taking appropriate action on all confirmed violations of policy. The assigned investigator Superintendent shall investigate and document complaints filed pursuant to this regulation as soon as reasonable, within the established timelines. In investigating the complaint, the investigator Superintendent will maintain confidentiality to the extent reasonably possible. The Superintendent shall assign investigation of allegations of also investigate incidents of policy violation that are raised by the Governing Board, even though no complaint has been made.
If after the initial investigation the Superintendent has reason to believe that a violation of policy has occurred, the Superintendent shall determine whether or not to hold an administrative hearing and/or to recommend bringing the matter before the Board.
If the person alleged to have violated policy is a teacher or an administrator, the due process provisions of the District's Policy GCQF shall apply, except that the supervising administrator may be assigned to conduct the hearing. In cases of serious misconduct, dismissal or suspension proceedings in accordance with A.R.S. 15-539 et seq., may be initiated.
If the person alleged to have violated policy is a support staff employee, the Superintendent may follow due process and impose discipline under Policy GDQD if the evidence so warrants. The Superintendent also may recommend a suspension without pay, recommend dismissal, or impose other appropriate discipline.
If the person alleged to have violated policy is a student, the Superintendent may impose discipline in accordance with Policies JK, JKD and JKE.
If the DistrictSuperintendent's investigation reveals no reasonable cause to believe policy has been violated, the Director of Human Resources Superintendent shall so inform the complaining party in writing.
Timelines
The complaint must be filed within thirty (30) calendar days after the complaining party knew or should have known that there were grounds for a complaint/grievance.
Once the written complaint has been filed using the forms provided by the District, the Superintendent shall require the immediate supervisor or site administrator to investigate and respond in writing to the complaining party within five (5) working days.
If the immediate supervisor or site administrator does not respond, the Superintendent will have ten (10) additional working days to respond in writing to the complaining party.
If the Superintendent does not respond within the established time, then the complaining party may request in writing that the issue be brought before the Board. The Board will then review the record of the investigation and have thirty (30) days to respond to the complaining party in writing.
EXHIBIT
NONDISCRIMINATION / EQUAL OPPORTUNITY
COMPLAINT FORM
◻ Harassment ◻ Sexual Harassment ◻ Discrimination
◻ Hostile Work Environment ◻ Other ____________________________
(To be filed with the compliance officer as provided in AC-R)
Please print:
Name _______________________________________ Date ______________Position and Location __
Address ______________________________________________Telephone Number(s) where
you can be reached ________
Telephone ________ Another phone where you can be reached _________________________________
During the hours of __________________________________________________
E-mail address _____________________________________________________
I wish to complain against:
Name of person, school (department), program, or activity ___________________
________________________________________________________________________
________________________________________________________________________Location
Address ___________________________________________________________
Specify your complaint by stating the problem as you see it. Describe the incident, the participants, the background to the incident, and any attempts you have made to solve the problem. Be sure to note relevant dates, times, and places. If you need more space, please attach additional pages.
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
___________Date(s) of the action against which you are complaining __________________________________________________
If there is anyone who could provide more information regarding this, please list name(s), address(es), and telephone number(s).
Name Location Name Address Telephone Number
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
The projected solution
Indicate what you think can and should be done to solve the problem. Be as specific as possible.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
I certify that this information is correct to the best of my knowledge.
______________________ _________________________________________
Date Signature of Complainant
When completed return this form to the Director of Human Resources or the administrator/principal at the site. Upon receipt, the administrator The compliance officer, as designated in AC-R, shall give one (1) copy to the complainant and shall retain one (1) copy for the file.
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:
● Submission A. Submission to such conduct is either explicitly or implicitly made a term or condition of an individual's employment s employment or education; or
● Submission B. Submission to or rejection of such conduct is used as a basis for employment or education decisions affecting decisions affecting such individual; or
● Such C. Such conduct has the purpose or effect of substantially interfering with an individual's educational or work performancework performance, or creating an intimidating, hostile, or offensive employment or education environment.
Sexual harassment may include, but is not limited to:
● Suggestive A. Suggestive or obscene letters, text messages, emails, notes, invitations, derogatory comments, slurs, jokes, epithets, assault, touching touching, impeding or blocking movement, leering, gestures, or display of sexually suggestive objects, pictures pictures, or cartoons.
● Continuing B. Continuing to express sexual interest after being informed that the interest is unwelcome. (Reciprocal attraction between peers is not considered sexual harassment.)
● Implying C. Implying or withholding support for an appointment, promotion, or change of assignment; suggesting that a poor 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 application will be denied.
● Coercive 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 the educational opportunities, grades, and/or learning environment of a student.
● Offering E. Offering or granting favors or educational or employment benefits, such as grades or promotions, favorable 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 Superintendent or 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 which may include reprimand, suspension or dismissal in accordance with policy GDQD or GCQF.
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
REGULATION
SEXUAL HARASSMENT
Compliance Officer
The Administrator of Human Resources Superintendent shall be the compliance officer. Any person who feels unlawfully discriminated against or who has been the victim of unlawful discrimination or harassment by an agent or employee of the District or who knows of such discrimination against another person should file a complaint with the Director of Human ResourcesSuperintendent. If the Superintendent is the one alleged to have unlawfully discriminated, the complaint shall be filed with the President of the Board.
Complaint Procedure
The District is committed to investigating each complaint and to taking appropriate action on all confirmed violations of policy. The assigned investigator Superintendent shall investigate and document complaints filed pursuant to this regulation as soon as reasonable, within the established timelines. In investigating the complaint, the investigator Superintendent will maintain confidentiality to the extent reasonably possible. The Superintendent shall assign investigation of allegations of also investigate incidents of policy violation that are raised by the Governing Board, even though no complaint has been made.
If after the initial investigation the Superintendent has reason to believe that a violation of policy has occurred, the Superintendent shall determine whether or not to hold an administrative hearing and/or to recommend bringing the matter before the Board.
If the person alleged to have violated policy is a teacher or an administrator, the due process provisions of the District's Policy GCQF shall apply, except that the supervising administrator may be assigned to conduct the hearing. In cases of serious misconduct, dismissal or suspension proceedings in accordance with A.R.S. 15-539 et seq., may be initiated.
If the person alleged to have violated policy is a support staff employee, the Superintendent may follow due process and impose discipline under Policy GDQD if the evidence so warrants. The Superintendent also may recommend a suspension without pay, recommend dismissal, or impose other appropriate discipline.
If the person alleged to have violated policy is a student, the Superintendent may impose discipline in accordance with Policies JK, JKD and JKE.
If the DistrictSuperintendent's investigation reveals no reasonable cause to believe policy has been violated, the Director of Human Resources Superintendent shall so inform the complaining party in writing.
Timelines
The complaint must be filed within thirty (30) calendar days after the complaining party knew or should have known that there were grounds for a complaint/grievance.
Once the written complaint has been filed using the forms provided by the District, the Superintendent shall require the immediate supervisor or site administrator to investigate and respond in writing to the complaining party within five (5) working days.
If the immediate supervisor or site administrator does not respond, the Superintendent will have ten (10) additional working days to respond in writing to the complaining party.
If the Superintendent does not respond within the established time, then the complaining party may request in writing that the issue be brought before the Board. The Board will then review the record of the investigation and have thirty (30) days to respond to the complaining party in writing.
EXHIBIT
SEXUAL HARASSMENT
COMPLAINT FORM
◻ Harassment ◻ Sexual Harassment ◻ Discrimination
◻ Hostile Work Environment ◻ Other ____________________________
(To be filed with the compliance officer as provided in ACA-R)
Please print:
Name _______________________________________ Date ______________Position and Location __
Address ______________________________________________Telephone Number(s) where
you can be reached ________
Telephone ________ Another phone where you can be reached _________________________________
During the hours of __________________________________________________
E-mail address _____________________________________________________
I wish to complain against:
Name of person, school (department), program, or activity activity _________________
________________________________________________________________________
________________________________________________________________________Location
Address __________________________________________________________
Specify your complaint by stating the problem as you see it. Describe the incident, the participants, the background to the incident, and any attempts you have made to solve the problem. Be sure to note relevant dates, times, and places. If you need more space, please attach additional pages.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
____________________________________________Date(s) of the action against which you are complaining _____________________
If there is anyone who could provide more information regarding this, please list name(s), address(es), and telephone number(s).
Name Location Name Address Telephone Number
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
The projected solution
Indicate what you think can and should be done to solve the problem. Be as specific as possible.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
I certify that this information is correct to the best of my knowledge.
_____________________ _________________________________________
Date Signature of Complainant
When completed return this form to the Director of Human Resources or the administrator/principal at the site. Upon receipt, the administrator The compliance officer, as designated in ACA-R, shall give one (1) copy to the complainant and shall retain one (1) copy for the file.
(Equitable Treatment of Staff)
No Peoria Unified School District employee shall be subject to discrimination or preferential treatment on the basis of membership, nonmembership, participation, or nonparticipation in an employee organization which exists for the purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other conditions of employment
Adopted: November 8, 2011
The District was established by the state legislature, under the authority contained in the Arizona State Constitution, for the sole purpose of providing an education to the students of the District. While the establishment of the District also provides other services, such as caring for students during the school day, providing employment to the school staff, and providing facilities for the use of the community, all of these services are necessarily subordinate to the District's prime function of providing an education to students. The Governing Board of the District is selected by the citizens of the community to ensure that this responsibility is accomplished. However, the Board recognizes that it cannot accomplish this objective unless all of the sectors of the school community also accept and perform their responsibilities. The Board considers the responsibilities of these elements of the school community to be as follows:
Staff
The Board fulfills its responsibility for the education of students by employing first a competent Superintendent, on whose recommendation it also employs a competent staff. As a condition of this employment, the Board expects each staff member's best efforts to be exerted toward the accomplishment of the educational objectives of the District. Because education is imparted primarily by teachers, the Board specifically places responsibility for maintaining and expanding educational ability on each teacher, to the end that each student may reach maximum potential and develop a sense of dignity and self-worth.
It is the philosophy of the District that every student has a right to a free, appropriate public education.
The educational program in the District is concerned with all phases of individual growth. Students will be provided with rigorous academic opportunities to further their full intellectual, physical, emotional, social and career potential. Individual and collective guidance and counseling are part of the school's function.
District schools exist for the benefit of each student. The District will provide rigorous programs appropriate for all students.
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.
Parents have the primary responsibility for teaching their children values. In a cooperative effort with parents and other community agencies, the District seeks to strengthen each student's understanding of such values as loyalty, patriotism, honesty, integrity and respect for others. Particular emphasis will be placed on teaching students the importance of accepting responsibility for their actions as they exercise the freedoms granted them in a democratic society. District staff is encouraged to instill in every student a commitment to national loyalty.
All staff must have a basic understanding and interest in youth and be capable in the participation of implementing a comprehensive educational program. Communication among teachers, students, administrators and the community should create an atmosphere of cooperation and mutual respect.
The right of any student to attend and participate in school activities will be limited only when the welfare of others may be threatened. In addition, when students act irresponsibly they will be held accountable so as to preserve an appropriate educational setting for others.
Adopted: date of Manual adoptionAdopted: <-- z2AdoptionDate -->
LEGAL REF.:
Arizona State Constitution, Article XI, Section 1
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 may meet at least annually, not later than October 30, for the purpose of appraising its functioning as a Board and to evaluate Board performance. The appraisal plan approved by the Board will be developed by the Board President working with the Superintendent.
Evaluation instruments for Board operation may be used in the process.
The Superintendent and others who regularly work with the Board may be asked to participate in all or a portion of the appraisal.
Areas of Board operations and relationships that may be appropriate to consider during the evaluation of Governing Board procedures may include, but are not limited to:
● Board A. Board meetings/decision-making process.
● Policy B. Policy development/implementation.
● BoardC. Board/District goal setting.
● Curriculum D. Curriculum and instruction management/program.
● Fiscal E. Fiscal management/resource allocation.
● School F. School plant planning/management.
● Board G. Board member orientation.● Board
H. Board member development.
● Board I. Board officer performance.
● J. Board member relationships.
● BoardK. Board-Superintendent relationship.● Board
L. Board-community relationship.
● Legislative M. Legislative and governmental relationships.
Adopted: date of Manual adoption <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-321
CROSS REF.:
BDD - Board-Superintendent Relationship
EXHIBIT
EVALUATION OF SCHOOL BOARD /
BOARD SELF-EVALUATION
ANNUAL SELF-APPRAISAL OF
THE GOVERNING BOARD
The following list of items pertaining to the operation of the Governing Board is the basis for an annual self-evaluation. This may be carried out in conjunction with the annual evaluation of the Superintendent.
Please check the appropriate box for each item (S = satisfactory, N = needs improvement, U = unsatisfactory).
A. Board Relationship with
the Superintendent:
S N U
◻
◻
◻
(1) The Board imparts information on issues, needs, and complaints
in a manner allowing
the Superintendent
in a manner allowing the Superintendent the opportunity to solve
related problems in a professional manner.
S N U
◻ ◻ ◻ (2) The Board clearly interprets its position on controversial matters
pertaining to the District, thereby enabling the Superintendent to
thereby enabling the Superintendent to properly
properly carry out the wishes of the Board.
S N U
◻ ◻ ◻ (3) The Board disregards personalities and considers the
recommendations of the
Superintendent in an unbiased
and objective manner.
S N U
◻ ◻ ◻ (4) The Board communicates views of personnel effectiveness,
including views related to the Superintendent, in a confidential
and professional manner.
B. Board Relationship with
the Community:
S N U
◻ ◻ ◻ (1)
The Board recognizes that the citizens have entrusted them
with the educational development
of
with the educational development of the children and youth
of this community
of this community.
S N U
◻ ◻ ◻ (2)
The Board recognizes that the community expects their first and
greatest concern to be in
greatest concern to be in the best interest of each and every
one of
one
of the young people without distinction as to
who they are or what
their background may be.
S N U
◻ ◻ ◻ (3)
The Board enacts policies supporting the efforts of the
administration in helping the people of
admini-
stration in helping the people of this community to have the facts
about
about their schools, to the end that they will readily provide the
finest possible school program, school staff, and school facilities.
C. Board Relationships Between
Members During Meetings:
S N U
◻ ◻ ◻ (1)
Individual members of the Board treat other members of the Board
and professional staff
and professional staff with respect during Board meetings.
S N U
◻ ◻ ◻ (2)
Differences of opinion influencing Board member votes are based
on the issues at hand
on the issues at hand and not on a personality basis.
S N U
◻ ◻ ◻ (3)
All members of the Board conduct themselves in such a manner
as to emphasize that
as to emphasize that individual Board members have authority
only
only when convened in a legally
conducted Board meeting with
at least a quorum present.
D. Board Relationships with
Staff
andand Personnel:
S N U
◻ ◻ ◻ (1)
The Board requires the Superintendent to recommend personnel
for their consideration and
for their consideration and consistently adheres to this procedure.
S N U
◻ ◻ ◻ (2)
The Board members make every effort to become acquainted with
the
the personnel of the District.
S N U
◻ ◻ ◻ (3)
The Board members' personal friendships with District personnel
are maintained without allowing
are maintained without allowing them to affect overall Board
decisions
decisions and/or policies.
E. Board Relationship to the
Instructional Program:
S N U
◻ ◻ ◻ (1)
The Board makes an effort to keep informed about the
instructional
instruc-
tional program by providing
for periodic reports as deemed
necessary and by periodic visitation in the schools.
S N U
◻ ◻ ◻ (2)
The Board attempts to gain information from the community
pertaining to instructional program
pertaining to instructional program needs.
S N U
◻ ◻ ◻ (3)
The Board maintains policies necessary to enable the educational
staff to develop the
staff to develop the educational program required to meet the
needs of
needs of the community.
F. Board
RelationshipRelationship to the
Financial
Financial
Management of the Schools:
S N U
◻ ◻ ◻ (1)
The Board establishes the policies and provides the necessary
resources to properly manage the
resources to properly manage the finances of the District.
S N U
◻ ◻ ◻ (2)
The Board requires the proper accountability for the expenditure
of funds in the District.
S N U
◻ ◻ ◻ (3)
The Board provides justified funding to maintain a high quality
educational program in this District.
S N U
◻ ◻ ◻ (4)
The Board keeps the community informed about the financial
needs of the District.
G. General Statements:
(1) List in order of priority four (4) challenges the Board faces:
(a)
(b)
(c)
(d)
(2) List any weaknesses you have observed in the operation of the school system:
(3) List any significant accomplishments made by the school system during the past year:
The Arizona Constitution places the responsibility of establishing and maintaining public schools on the Arizona legislature and directs the legislature to provide for a state board of education, which has general supervision of the public schools. It is further provided that local public schools under the general supervision of the State Board of Education shall be maintained, developed, and operated by locally elected boards. Legally, then, local school boards are instruments of the Arizona Legislature and derive their authority from the Arizona Constitution, Arizona statutes, and the regulations of the Arizona 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.
● The:
A. The legislative function is the policy-making aspect of the school system. It is the policy of the Board to
retain andretain and exercise full legislative authority and control over the schools by adopting general policies or by
acting directlyacting directly in matters not covered by its policies.
● TheB. The executive function of the Board is concerned with placing in operation existing Board policy. Most of
this functionthis function is delegated by the Board to its executive and administrative officer, the Superintendent.
● TheC. The appraisal function involves the determination of the efficiency of the school operation and an evaluation
of theof the educational program of the District based on the policies as outlined in the policy manual.
The duties and obligations of an individual Board member include the following:
● ToA. To become familiar with the state's school laws, regulations of the State Department of Education, and
District policiesDistrict policies, rules, and regulations.
● ToB. To have a general knowledge of the educational aims and objectives of the system.
● ToC. To work harmoniously with other Board members without neglecting a proper share of the work or trying
to dominateto dominate the Board.
● ToD. To vote and act in Board meetings
to faithfully andimpartially
dischargefor the
dutiesgood of
a Governing Board Member forthe
Peoria Unified SchoolDistrict.
● To accept respect and supportE. To accept the will of the majority vote in all cases, and give wholehearted support to the resulting policy.
● ToF. To accept the responsibility for confidentiality in appropriate matters, especially those dealing with
personnel andpersonnel and the divulging of privileged information that could cost the District money, support, or public confidence.
● ToG. To represent the Board and the District to the public in a manner that promotes both interest and support.
● ToH. To refer complaints to the proper school authorities and to refrain from individual counsel and action.
●I. To perform other appropriate duties that may arise.
Adopted: date of 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 Boardgoverning board, except that a Governing Board member may be a candidate for nomination or election for any other Governing Board governing board if serving in the last year of a term of office.
Five-Member Board Same
Household Limitation
By legislative restriction applicable to five (5) member Boards, persons related as immediate family and having the same household within four (4) years:
● Shall A. Shall not serve simultaneously on the Governing Board.
● Are B. Are ineligible to be a candidate for nomination or election to the Governing Board, except when a member is serving is serving in the last year of a term of office.
● Are C. Are ineligible to be simultaneous candidates for nomination or election to the Governing Board.
A qualified elector residing in the District may bring an action in Superior Court to enforce these restrictions.
For purposes of this policy, the definitions of "immediate family" and "household of residence" set out in A.R.S. 15-421 shall apply.
Adopted: 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 certification certificate of election, or before commencement of the term of office.
Familiarization
with
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
EXHIBIT
BOARD MEMBER OATH OF OFFICE
Oath of Office
In addition to any other form of oath or affirmation specifically provided by law, any officer or employee shall take and subscribe to the following oath or affirmation before entering upon the duties of such appointed office or employment.
State of Arizona, County of _____________________________________________, I, [type or print name], do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution and laws of the State of Arizona; that I will bear true faith and allegiance to the same, and defend them against all enemies, foreign and domestic, and that I will faithfully and impartially discharge the duties of the office of [name of office] according to the best of my ability, so help me God (or so I do affirm).
____________________________________
(Signature of officer or employee)
LEGAL REF.:
A.R.S.
38-231
Any Board member who desires to resign from the Governing Board shall send a letter of resignation to the office of the County School Superintendent, with a copy to the Secretary of State, giving the effective date of resignation. The resigning Board member shall furnish a copy of such letter to each other member of the Board and to the Superintendent prior to the date on which said resignation is to become effective.
Adopted: date of 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:
● Death A. Death of the person holding the office.
● Insanity B. Insanity of the person holding the office, when judicially determined.
● Resignation C. Resignation of the person holding the office and the lawful acceptance of the resignation.
● Removal D. Removal from office of the person holding the office.
● The E. The person holding the office ceasing to be a resident of the district for which he was elected.● Absence
F. Absence from the state by the person holding the office, without permission of the legislature, beyond
the periodthe period of three (3) consecutive months.
● TheG. The person holding the office ceasing to discharge the duties of office for the period of three (3)
consecutive monthsconsecutive months.
● ConvictionH. Conviction of the person holding the office of a felony or an offense involving a violation of official duties.
● FailureI. Failure of the person elected or appointed to such office to file an official oath within the time prescribed
by lawby law.
●J. A decision of a competent tribunal declaring void the election or appointment of the person elected
or appointedor appointed to the office.
● FailureK. Failure of a person to be elected or appointed to the office.
● AL. A violation of
sectionsection 38-296
byby the person holding the office.
Every public officer holding an elective office, either by election or by appointment, is subject to recall from such office by the qualified electors of the electoral district from which candidates are elected to that office.
Adopted: date of 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
As a member of the Peoria Unified School District (PUSD) Governing Board, I will strive to:
● Represent everyone the Peoria District serves, not a particular interest group or geographic area.
● Understand that my job is to see that the School District is well-managed, not to manage the District.
● Act as a trustee of this School District and work carefully to ensure that it is well-maintained, fiscally secure, and operating in the best interest of those we serve.
● Treat each other and staff with respect.
● Respect and support the majority decisions of the Board.
● Recognize that authority is vested in the full Board only when it meets in accordance with the Open Meeting Law.
● Keep informed of developments relevant to issues that may come before the Board.
● Participate actively in Board and committee meetings.
● Notify Superintendent or Board President if unable to attend meetings. Arrive on time or notify Superintendent or Board President of late arrival.
● Attend Board meetings prepared to make a decision by calling respective presenters to get questions answered and to allow opportunity for staff to be prepared to answer questions during the meeting.
● RenderBoard members will strive to improve public education, and to that end will:
A. Attend all Board meetings insofar as possible, and become informed concerning the issues to be considered at those meetings;
B. Recognize that decisions should be made only after discussion at publicly held Board meetings;
C. Render all decisions based on the available facts and
myindependent judgment, and refuse to surrender
that judgmentthat judgment to individuals or special-interest groups;
D.
● Call Superintendent in advance so there are no surprises or hidden agendas.
● Declare any conflict of interest between personal life and position as a member of the Governing Board and abstain from voting or taking other action to influence the decision.
● RememberEncourage 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;
E. Work with other Board members to establish effective Board policies and to delegate authority for the administration of the schools to the Superintendent;
F. Communicate to other Board members and the Superintendent expressions of public reaction to Board policies and school programs;
G. 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;
H. Support the employment of persons best qualified to serve as school staff members, and insist on a regular and impartial evaluation of all personnel;
I. Avoid being placed in a position of conflict of interest, and refrain from using their Board position for personal or partisan gain;
J. 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
and educationof
the students in Peoria Unified School Districtthe students attending the public schools.
Adopted: June 23, 2011 <-- 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]
The District shall not employee any former member of the Governing Board for a period of two (2) years after the expiration of the Governing Board member's term.
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 services service from Governing Board Membersmembers, regardless of the dollar amount. Purchases for services may only be made after public competitive bidding. Purchases of supplies, materials, and equipment from Board members are subject to the following:
● Purchases A. Purchases for supplies, materials, and equipment are limited to three hundred dollars ($300) per transaction;
● The total purchases from any Board member by the Board B. Total purchases within any twelve (12) month period do not exceed are limited to one thousand dollars ($1,000);
● The C. The purchases comply with the Uniform System of Financial Records (USFR) guidelines for oral and written quotations;● The written quotations.
D. The Board has, by majority vote, approved adopted or reapproved reconfirmed a policy authorizing such purchases within the preceding the preceding twelve (12) month period.
[LEGAL REF.: A.R.S. 38-503; 15-323; A.G.O. I84-012; I06-002]
Purchases from Governing Board
Members for Districts with
Fewer than 3,000 Students
School district procurement rules are required for all purchases of service from Governing Board members, regardless of the dollar amount. Purchases for services may only be made after public competitive bidding. Purchases of supplies, materials, and equipment from Board members are subject to the following:
A. Purchases less than one hundred thousand dollars ($100,000) comply with the Uniform System of Financial Records (USFR) guidelines for oral and written quotations;
B. Purchases of one hundred thousand dollars ($100,000) and above comply with the school district procurement rules for public competitive bidding;
C. Each purchase is approved by the Governing Board;
D. The amount of the purchase is included in the Board's meeting minutes.
[LEGAL REF.: A.R.S. 15-323; A.G.O. I06-002]
Filing of Disclosures
The District shall maintain for public inspection in a special file all documents necessary to memorialize all disclosures of substantial interest made known pursuant to the statutory conflict-of-interest provisions. [LEGAL REF.: A.R.S. 38-509]
Adopted: October 14, 2014 <-- 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
DISCLOSURE OF SUBSTANTIAL INTEREST FORM
(Conflict of Interest)
State law requires you to disclose any substantial interest1 you or your relatives2 have in any Peoria Unified School District (PUSD) vote, decision, contract, sale or purchase. A PUSD Board member must complete and submit this form promptly when a situation arises or may arise that requires disclosure. Additionally the District requires an annual update.
Should a District Board member, or should a relative of a District Board member, have a financial or ownership interest in an enterprise that is involved in a business transaction with PUSD, either directly or indirectly, the Board member may not, under any circumstance, participate in any aspect of the transaction as a representative of PUSD. Such interest includes, but is not limited to, the Board member, or a relative of a Board Member, being employed by; being a sales representative for; owning a part of, or in full; or being an investor in the enterprise in question. Should such an interest exist in an enterprise that does, or may be considered to do, business with the District, the Board member shall not take part in any of the following as a representative of the District:
● Participate in selecting a vendor for the goods or services supplied by the business.
● Supervise the work of the business for PUSD.
● Participate in determining that PUSD need the types of goods or services supplied by the business.
● Vote on or approve the award of a contract to the business.
● Approve invoices from the business.
● Participate in resolving any contract disputes between the business and PUSD.
◻ Conflict of Interest exists as follows:
Identify the ◻ business, ◻ company, ◻ partnership, or ◻ property (check appropriate box) in which you have the financial or ownership interest:
Name: I, _______________________________ Phone: ___________________
Address: __________________________________________________________
Provide a full description of your financial ownership interest: , do hereby indicate:
1. That I am presently an officer/employee of the _____________________ _____________________________________________________________________School District;
2. That I (or my relative[s]: ________________________________________________________________________
Describe any current or future matters that PUSD is or may be involved in that affect the interest you identified above:
) have a substantial interest in the contract, sale, purchase, I (or my relative[s]: _________________________________________) have a substantial interest in the contract, sale, purchase, decision, investigation, or other matter by the _______________________________
________________________________________________________________________
◻ No Conflict of Interest exists for me at this time.
In signing this form, I understand that there are criminal and civil penalties under Arizona Revised Statues: 38-503, 38-504, 38-505, 38-509, 38-510 and 38-511 for violating the State of Arizona's laws relating to conflicts-of-interest. I also understand this activity is prohibited under PUSD No. 11 Policy Manual.
Board Member ID No.: 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.
__________________Signature: _______ _______________________ Name: ____________________
School/Location: 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, _______________________ Department: ________, 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_______Telephone: ______________________ School District;
_______ Date: __________________ __
Return completed form to:
Business Services Office - District Administration Center
_______________________________________________
1 "Substantial Interest" Defined: A substantial interest" is any financial or ownership interest, direct or indirect, that isn't a "remote interest." For instance, employment by a firm creates a substantial interest. The Situation that qualify as "remote interests" under law are very limited.2 Persons Covered: The law covers PUSD officers and full-time, part-time and contract employees. Also, any substantial interest of these relatives will be attributed to you, spouse, child, grandchild, parent, grandparent, brother or sister - whole or half blood - and their spouses and parents, or a brother, sister or child of a spouse 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 . If that person is not a member of the Board. If none of the former officers are members of the Board, a temporary President president shall be elected and the meeting shall be called to order by the temporary Presidentpresident. The person calling the meeting to order shall preside until a successor is chosen.
The new President of the Board shall take office upon election. The Board shall then elect a Clerk.
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.
Adopted: date of Manual adoptionIn 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: <-- 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:
● Preside A. Preside over all meetings and conduct meetings in accordance with Arizona law and policies of the District.
● Consult B. Consult with the Superintendent and, on behalf of the Governing Board as a whole, approve items to be placed on the agenda for each meeting.
● Encourage C. Encourage and maintain orderly and democratic participation.
● Keep D. Keep all discussions factual and on the subject at hand.
● Allow E. Allow for full and complete exploration of each item of business.
In the absence of the President of the Board, the Clerk shall assume that position temporarily and perform the functions of the President.In the absence of the President and Clerk, Board members shall select a temporary president, which selection shall be recorded in the minutes.
Clerk
The Clerk of the Governing Board shall perform the following duties unless the Board delegates them to an employee:
● 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.
The Governing Board and the Superintendent will cooperate to achieve the strategic goals of the District.
Adopted: date of Manual adoptionAdopted: <-- 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 solely 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, establish subcommittees, advisory committees, task forces or appoint ad hoc citizen study committees as they determine necessary to address certain issues or topics as the Governing Board determines. committees when deemed advisable. Recommendations of such committees cannot be binding on the Board; they may be advisory only. These committees will be responsible for presenting to the Board recommendations for action based on research and facts. Any such committee shall automatically be dissolved upon completion of its assignment. Members should be broadly representative of the community�s population, have an interest in the topic to be studied and express a sincere commitment to assist in the advancement of public education.
The Governing Board President in conjunction with the Superintendent 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.
● The B. The dates on which interim and final reports of the committee are to be rendered.
● The C. The date or event upon which the committee will be terminated.
● The D. The extent to which facilities, supplies, equipment, and clerical support will be provided to each committee.
The Superintendent will ensure that the following actions are taken for each committee established by the Board:
● Each A. Each committee member will be briefed on the requirements of the Arizona Open Meeting Law Law (A.R.S. 38-431) as it applies to committees of the Board.
● Notices B. Notices and agendas of all meetings of the committee will be posted.
● All C. All meetings will be open for public attendance.● Minutes will be
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 may and the Superintendent will serve as ex-officio member 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. Such copies of all written request for opinions and opinions of private councel shall be furnished by the Superintendent to all Board members. 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:
● Regular A. Regular meeting - the usual official legal-action meeting, scheduled and held regularly.
● Special B. Special meeting - an official legal-action meeting called between scheduled regular meetings to consider only specifically only specifically identified topics.
Every meeting of the Board, regular or special, shall be open to the public except for an executive session that is held in accordance with state law. A "meeting" is defined as the gathering, in person or through technological devices, of a quorum of members of a public body to discuss, propose or take legal action, including any deliberations with respect to such action, that has been properly noticed, pursuant to Arizona Revised Statutes.
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 second (2nd) and fourth (4th) Thursday of each calendar month Governing Board shall hold a regular meeting at least once each month during the regular school year and may hold other meetings as often as called. If action has been taken and documents approved at a meeting, they may be signed subsequently by individual Board members.
Choose this:
The _______ and ___________________________ of each month during the regular school year are designated as the regular Board meeting dates. The Board may hold other meetings as often as called.
Or choose this:
The _____________________________ of each month during the regular school year is designated as the regular Board meeting date. The Board may hold other meetings as often as called.
A regular meeting may be rescheduled or canceled:
● By A. By majority vote of the Board when noticed as a meeting agenda item.
● By B. By declaration of the Board President, or if the President is unavailable another member of the Board, in in consultation with the Superintendent, when a significant event beyond the Board's control renders attendance renders attendance at the meeting unsafe or unreasonable in light of the circumstance, such as:
■ Significantly 1. Significantly inclement weather conditions, or
■ A 2. A local, state, or national emergency of a magnitude it intervenes to the extent that convening of convening of the meeting is inadvisable.
● When C. When the absence of a quorum of the Board will render the meeting impermissible.
Every regular meeting of the Board shall be open to the public, and the Board shall meet at the most convenient public facility in the District. If a public facility is not available within the District, the Board may meet at any available public facility convenient to all Board members, regardless of the county or school district in which the facility is located.
Special Board Meetings
Special meetings may be called whenever deemed necessary. Written or telephoned notice of all special meetings shall be given to the members of the Board at least twenty-four (24) hours prior to the time stated for the meeting to convene. Said notice shall indicate the purpose of the special meeting. No business other than the matters specified in the notice shall be transacted at such meeting.
Adopted: date date of Manual adoption
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. A notice of the executive session has been provided to the Board members and the general public stating
the provisionsthe provision of
thelaw authorizing the executive session in accordance with Board Policy BEDA.
● TheB. The Board has first been convened in open meeting, for which notice, stating the specific provision of
law authorizinglaw authorizing the executive session, has been given.
● TheC. The Board President has identified the section or sections of A.R.S. 38-431.03
thatthat authorize the holding
of theof the executive session and has stated the language of the section(s) and a general description of the
matters tomatters to be considered.
● TheD. The executive session is authorized by a vote in open session, either during the current Governing Board meeting or at a prior meeting of the Board designating the time and the date of the future executive session.
The Governing Board shall provide any officer, appointee, or employee to be considered or discussed at a meeting with written notice of the executive session as is appropriate but not less than twenty-four (24) hours for the officer, appointee, or employee to determine whether the discussion or consideration should occur at a public meeting.
No final action, decision, or vote shall be taken while the Board is in executive session, except as provided by law.
The Board shall reconvene the open meeting after an executive session prior to adjourning the meeting.
During the executive session, all persons present in the executive session will be read the admonition on the confidentiality of the executive session minutes and deliberations.
Adopted: 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 45
I79-4949
I79-126
I79-136
I80-118
I80-146
I81-058
I81-060
I81-090
CROSS REF.:
BBBB - Board Member Oath of Office
BEDA - Notification of Board Meetings
BEDG - Minutes
JKD - Student Suspension
EXHIBIT
EXECUTIVE SESSIONS / OPEN MEETINGS
MINUTES
________________ ________________ __________________________
Date Time Place
I. Record the names of persons present (Only Board Members, individuals provided for by statute, and other persons whom the Board determines are reasonably necessary for the purposes of the executive session may be present). Indicate who and when anyone leaves or enters during the executive session:
II. Specify the section of A.R.S. 38-431 under which the executive session was called and a general description of the respective topic(s). The same information should have been indicated on the agenda:
III. (Read prior to each executive session:)
All persons present are hereby reminded that it is unlawful to disclose or otherwise divulge to any person who is not now present, other than a current member of the Board, or pursuant to a specific statutory exception, anything that has transpired or has been discussed during this executive session. Failure to comply is a violation of A.R.S. 38-431.03.
IV. Items of discussion (if the session is held under authority of A.R.S. 38-431.03, Subsection A, paragraphs 4, 5, or 7, an accurate description of all instructions given must be included):
EXHIBIT
EXECUTIVE SESSIONS / OPEN MEETINGS
MINUTES
_________________ _________________ _________________________
Date Time Place
I. Record the names of persons present (Only Board Members, individuals provided for by statute, and other persons whom the Board determines are reasonably necessary for the purposes of the executive session may be present). Indicate who and when anyone leaves or enters during the executive session:
II. Specify the section of A.R.S. 38-431 under which the executive session was called and a general description of the respective topic(s). The same information should have been indicated on the agenda:
III. (Read prior to each executive session:)
All persons present are hereby reminded that it is unlawful to disclose or otherwise divulge to any person who is not now present, other than a current member of the Board, or pursuant to a specific statutory exception, anything that has transpired or has been discussed during this executive session. Failure to comply is a violation of A.R.S. 38-431.03.
IV. Items of discussion (if the session is held under authority of A.R.S. 38-431.03, Subsection A, paragraphs 4, 5, or 7, an accurate description of all instructions given must be included):
EXHIBIT
EXECUTIVE SESSIONS / OPEN MEETINGS
Form 7.5
Notice of Meeting and Possible Executive Session of a Public Body
Sections 7.6.8 and 7.10.1
NOTICE OF MEETING AND POSSIBLE EXECUTIVE SESSION OF THE
[NAME OF PUBLIC BODY]
Pursuant to A. R.S. § 38-431.02, notice is hereby given to the members of the [name of public body] and to the general public that the [name of public body] will hold a meeting open to the public on [date, time, and exact location] for the purpose of deciding whether to go into executive session. If authorized by a majority vote of the [name of public body], the executive session will be held immediately after the vote and will not be open to the public.
The agenda for the meeting is as follows:
[Include a general description of the matters to be discussed or considered, but exclude information that would defeat the purpose of the executive session. See Form 7.7 (Sample Notice and Agenda)]
[OR]
A copy of the agenda for the meeting will be available at [location where the agenda will be available] at least twenty-four (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 shall be conspicuously posted on the District's website specifying where all notices of the Governing Board meetings are posted, including the physical and electronic locations, and give additional public notice as is reasonable and practicable as to all meetings.
The District shall post all Governing Board public meeting notices on its website and give additional public notice as is reasonable and practicable as to all meetings. When the District has complied with all other public notice requirements of A.R.S. 38-431.02, the Board is not precluded from holding a meeting for which notice was posted when a technological problem or failure either:
● prevents A. prevents the posting of public notice on the District website, or
● temporarily 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:
● the A. the members of the Governing Board, and
● the 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 , at the District Administrative Center, in the designated public place(s) the time and place, and the meeting agenda or any change in the meeting agenda. The notice shall include an agenda of the matters to be discussed, considered or decided at the meeting, or include information on how the public may obtain a copy of the agenda.
The twenty-four (24) hour notice period:
● May A. May include Saturday when, in addition to any website posting, the public has twenty-four (24) hour access access to the physical posting location.
● Does B. Does not include Sundays and other holidays prescribed in A.R.S. 1-301.
A twenty-four (24) hour meeting notice is not required in the case of an actual emergency, however, notice shall be given and procedures followed in accordance with the requirements of 38-431.02 as are appropriate to the circumstances.
The Governing Board shall provide any officer, appointee, or employee to be considered or discussed at a meeting with written notice of the executive session as is appropriate but not less than twenty-four (24) hours for the officer, appointee, or employee to determine whether the discussion or consideration should occur at a public meeting.
A meeting may be recessed and resumed with less than twenty-four (24) hours notice when proper initial meeting notice was given and, before recessing, public notice is given specifying the time and place the meeting will be resumed or identifying the method by which such notice shall be publicly given.
When the Governing Board intends to meet at a regular place and time on a regular day, date or event for a specified calendar period, the District may post notice of the beginning of the applicable calendar period and the period for which the notification is valid.
Adopted: date of Manual adoption <-- 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 BodyPublic Body
Sections 7.6.3, 7.10.1
NOTICE OF MEETING OF THE [NAME OF SUBCOMMITTEE OR
ADVISORY COMMITTEEADVISORY COMMITTEE] OF THE [NAME OF PUBLIC BODY]
Pursuant to A. R.S. § 38-431.02, notice is hereby given to the members of the [name of committee] of the [name of public body] and to the general public that the [name of committee] of the [name of public body] will hold a meeting open to the public on the [date, time, and exact location].
The agenda for the meeting is as follows:
[List the specific matters to be discussed, considered or decided. See Form 7.7 (Sample Notice and Agenda)]
[OR]
A copy of the agenda for the meeting will be available at [location where the agenda will be available] at least twenty-four (24) hours in advance of the meeting.
Dated this ________
_day of _______________________
____, 20____.
___________________________________
[name of public body]
By_________________________________
[authorized signature]
Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting [name, telephone number, TDD telephone number]. Requests should be made as early as possible to arrange the accommodation.
EXHIBIT
NOTIFICATION OF BOARD MEETINGS
Form 7.4
Notice of Regular Meetings of a Public Body
Sections 7.6.3, 7.6.6, 7.7.4, and 7.10.1
NOTICE OF REGULAR MEETINGS OF THE
[NAME OF PUBLIC BODY]
Pursuant to A.R.S. § 38-431.02(F), notice is hereby given to the members of the [name of public body] and to the general public that the [name of public body] will hold regular meetings on the [specific day of month] of each month during the year [year]. The meetings will begin at [time] and will be held at [exact location].
A copy of the agenda for the meeting will be available at [location where the agenda will be available] at least twenty-four (24) hours in advance of the meeting.
Dated this ________
_day of _______________________
____, 20____.
___________________________________
[name of public body]
By_________________________________
[authorized signature]
Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting [name, telephone number, TDD telephone number]. Requests should be made as early as possible to arrange the accommodation.
EXHIBIT
NOTIFICATION OF BOARD MEETINGS
Form 7.8
Certification of Posting of Notice
Section 7.6.9
CERTIFICATION OF POSTING OF NOTICE
The undersigned hereby certifies that a copy of the attached notice was duly posted at [place] on [date and time] in accordance with the statement filed by the [name of public body].
Dated this ________
_day of _______________________
____, 20____.
_______________________________________
[name and title of person signing the certification]
EXHIBIT
NOTIFICATION OF BOARD MEETINGS
Form 7.9
Special Notice of Emergency Meeting
Section 7.7.9
SPECIAL NOTICE OF AN EMERGENCY MEETING OF
[NAME OF PUBLIC BODY] HELD [DATE]
Pursuant to A.R.S. § 38-431.02(D), notice is hereby given that an emergency session of the [name of public body] was held on [date, time, and exact location].
At the emergency session the [name of public body] [describe the specific matters discussed, considered, or decided, or in the case of matters considered in an emergency executive session, a general description of the matters considered, provided that no information is included that would defeat the purpose of the executive session].
Dated this ________
_day of _______________________
____, 20____.
___________________________________
[name of public body]
By_________________________________
[authorized signature]
EXHIBIT
NOTIFICATION OF BOARD MEETINGS
Form 7.12
Notice of Action to be Ratified
Sections 7.6.4, 7.10.1, and 7.12.2
NOTICE OF PUBLIC MEETING OF THE [NAME OF PUBLIC BODY]
FOR THE PURPOSE OF RATIFYING PAST ACTION TAKEN
IN VIOLATION OF OPEN MEETING LAW
Pursuant to A.R.S. § 38-431.05, notice is hereby given to the members of the [name of public body] and to the general public that the [name of public body] will hold a meeting open to the public on [date, time, and exact location].
The purpose of the meeting is to ratify an action of the [name of public body] that may have been taken in violation of the Open Meeting Law. This action involved:
[Describe the action.]
The public may obtain a detailed written description of the action to be ratified, and all deliberations, consultations, and decisions by members of the public body that preceded and relate to this action to be ratified at [identify the location and include hours] at least seventy-two (72) hours in advance of the meeting.
Dated this ________
_day of _______________________
____, 20____.
___________________________________
[name of public body]
By_________________________________
[authorized signature]
Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting [name, telephone number, TDD telephone number]. Requests should be made as early as possible to arrange the accommodation.
The agenda shall list the specific matters to be discussed, considered or decided at the meeting. The Governing Board may discuss, consider or make decisions only on matters listed on the agenda and other matters related thereto. (Subject to A.R.S. 38-431.02)
Unless changed by a majority vote of Board members present at each a meeting, the order of business shall be listed on the agenda. As an initial agenda item, the Board may address the published agenda and adopt it as presented, or with changes recommended by the Board.
Executive sessions:
● Anas 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
i. Celebrations and recognitions
b. Governing Board members
2. Reports (Notice must be specific as to type of report that will be given, subject matter and whom will be making the report)
F. Public comments (Members of the Governing Board shall not discuss or take legal action on matters raised 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)
1. 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:
A. An executive session may be scheduled, as necessary, during either a regular or special meeting. (See Arizona See Arizona Attorney General Agency Handbook Section 7.6.7)●~ When
1. When an executive session is to be held, the notice must state the specific provision of law
authorizing theauthorizing the executive session.
■ The 2. The Board may vote to hold an executive session for the purpose of obtaining legal advice from the Boardthe Board's attorney on any matter listed on the agenda pursuant to A.R.S. 38-431.03(A)(3).
Accommodations for the Disabled
Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Director of Public Relations at 623-486-6046 or by e-mail. Requests should be made as early as possible to allow time to arrange the accommodation.
Emergency Meetings
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.
Adopted: May 27, 2014Accommodations 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: <-- 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
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 years of service.
VII. Call to the Public.
This is the time for the public to comment. Members of the Board may not discuss items that are not on the agenda. Therefore, action taken as a result of public comment will be limited to directing staff to study the matter or scheduling the matter for further consideration and decision at a later date.
VIII. Summary of Current Events.
The chief administrator, presiding officer or a member of the board may present a brief summary of current events pursuant to A.R.S. § 38-431.02(K). The Board will not discuss or take action on any current event summary.
The Board may discuss future dates for meetings and direct staff to place matters on future agendas.
IX. Future Meeting Dates and Items for Future Agendas.
A copy of the agenda background material provided to Commission members (with the exception of material relating to possible executive sessions) is available for public inspection at the Commission's office, Room 402, Health Building, 1740 West Adams, Phoenix, Arizona.
Dated this 7th day of January, 2000.
ARIZONA COMMISSION ON THE ENVIRONMENT
Chris Jones
Executive Secretary
Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting [name, telephone number, TDD telephone number]. Requests should be made as early as possible to arrange the accommodation.
Regular Meetings
The Superintendent will prepare Board meeting agendas in consultation with the Board President and Clerk. Board agenda preparation meetings must include two Board Members. In the event one of the Board Members is unable to participate in the agenda preparation meeting, that Board Member may assign another Board Member to participate in his or her place.The Superintendent or Board members may place .
The Superintendent, with the approval of the Board President, on behalf of the Governing Board as a whole, may place items on the agenda. The Governing Board will follow the described protocol for adding items to future agendas:
● President asks members if they have agenda items to request.
● Board member states a requested agenda item.
President asks if any other Board members have interest in the requested item.
● Board members who have interest in the requested agenda item will express their support in a manner that is clear to the President.
● No vote is required.
● Agenda items will be added to a list of future agenda items if two (2) or more members express interest in the topic.
● Scheduling and prioritization of items on the future agenda items list will be left to the discretion of the Superintendent, President and Board Clerk as prescribed by District policy.
An agenda item that has been previously voted upon may only be brought back as an agenda item under the following conditions:
● A Board member of the prevailing side requests that it be brought back.
● There is a change in the composition of the Governing Board.
● A Board member was absent during the vote of that agenda item.
Individuals wishing the Governing Board to consider placing an item(s) on a future Board agenda may do so by submitting a written request to a Governing Board Member or Superintendent.
Written request forms may be obtained from the Superintendent's office and are available at meetings of the Governing Board. Governing Board Members other than the President will forward such requests to the Governing Board President, Governing Board Clerk, or Superintendent.
The determination to place an item on the agenda is at the discretion of the Governing Board President, Governing Board Clerk, and Superintendent. Individuals submitting a request will be notified by the Superintendent as to the status of the request.
The agenda and 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. Delivery of packets shall constitute official notification to the Governing Board members of the scheduled meeting.
Upon request, copies of the agenda shall be available to the public and the press. In addition, a copy of the Agenda will be posted on the District Web Portal at least twenty-four (24) hours prior to the meeting.
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: December 17, 2013 <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
38-431 et seq.
CROSS REF.:
BDB - Board Officers
A quorum consisting of a majority of the Board membership shall be necessary to conduct any business. In the event that a quorum is not present within thirty (30____________ (____) minutes of the time scheduled, the meeting may be canceled and another meeting scheduled, with due and proper notices as prescribed by policy and law.
When there is a vacancy of one (1) or more members on the Governing Board, a majority of the members remaining constitute a quorum for the transaction of business, except that a single Board member does not constitute a quorum.
Adopted: date of Manual adoptionEfforts shall be made to fill vacancies on the Governing Board as soon as is practicable.
Adopted: <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
1-216
15-321
A.G.O.
I84-165
CROSS REF.:
BBBE - Unexpired Term Fulfillment
The Board prescribes rules for its meetings as follows:
● President reads Board agenda item.
● Administration presents information.
● Public comments are heard by the Board (if any).
● Board ask questions and discusses item.
● Board members request recognition of the President before speaking.
● If voting item, Board member makes a motion.
● Board member seconds motion.
● President states motion and second.
● President asks for any further discussion.
● President calls for vote.
● President announces the results of the vote.
● President moves on to the next agenda item.
Adopted: date of Manual adoptionA. 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: <-- 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 voice vote, members may request that their own votes 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
Minutes Written or recorded minutes shall be kept taken of all regular and special Board meetings, including executive sessions, and shall include the information required by A. If possible, complete R.S. 38-431.01. The written minutes or a recording of each Board meeting will shall be available for public review in the District administrative office inspection three (3) working days after the date of the meeting, except for confidential executive session minutes. If this is not possible, the recording of the meeting shall be available until the written minutes are prepared. In all cases, written minutes of each meeting shall be prepared as soon as possible, containing the information required by A.R.S. 38-431.01.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 these the written minutes. It shall be the policy of the Governing Board to have electronic recordings of all regular and special Governing Board meetings except executive sessions for reference. These recordings shall be retained for three (3) months. Others may record open meetings of the Governing Board at the District Administrative Center as long as the act of recording is not disruptive to the meeting. Minutes of regular or special meetings will be distributed
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, and will be made available to the public upon request, as unconfirmed minutes.
The Superintendent will prepare written minutes of all executive sessions, as required by 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. 38-431.01, and will maintain a confidential file of all of these minutes. Minutes of executive sessions shall only be available to members of the Governing Board, the Superintendent, and others legally authorized to review them.
Adopted: date of Manual adoption39-101 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: <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-843
38-421
38-431.01
38-431.03
39-101
39-121
39-122
41-1347
41-1351
A.G.O.
I80-198
Attorney General Arizona Agency Handbook, Chapter 7,Open Meetings
ASLAPR General Retention Schedule for School Districts and Charter Schools
CROSS REF.:
BED - Meeting Procedures/Bylaws
BEDF - Voting Method
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]
REGULATION
MINUTES
(Minutes of Open Session Governing Board Meetings,
Board Subcommittees and Advisory Committees)
For meetings other than executive sessions, minutes are to contain at least the following information:
● DateA. Date, time, and place of meeting.
● Members B. Members of the Governing Board recorded as either present or absent.
● General C. General description of the matter considered.● An
D. 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 member who proposed each motion.
● Names F. Names of the persons, as given, making statements or presenting material to the Governing Board and a reference a reference to the legal action about which they made statements or presented material.
A A meeting, for the purposes of the open meeting statutes, is the gathering of a quorum of Governing Board members at which they discuss, propose or take legal action, including any deliberations by a quorum with respect to such action. [38-431]
It is therefore necessary to remember that:
● the A. the coming together of a quorum of Governing Board members:
■ in 1. in person or by technological devices such as speakerphone, Internet, or other device,
■ including 2. including study sessions, work sessions, and retreats,
■ regardless 3. regardless of whether or not any voting is scheduled to occur,
● or B. or of a subcommittee or advisory committee appointed by or at the direction of the Board, or which is to report to report to the Board,
■ is 1. is a "meeting" and, therefore,
■ minutes 2. minutes must be taken and processed as required by statute and specified above.
EXHIBIT
MINUTES
Form 7.11
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]
All regular and special meetings of the Board will shall be open to the public.
The Board invites the viewpoints of citizens throughout the District on any listed agenda item, 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:
● AnA. Any individual desiring to address the Board
may comment on any listed agenda item by completing a request form available at each meeting.● The form (Public Comment Request) can be submitted to the Superintendent, the Executive Secretary to the Board, or a Governing Board member who will forward it to the Governing Board President or Clerk. The individual will be invited to speak when the agenda item in question is considered by the Governing Board.
● Theshall 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 toadhering to any time limit set.
Questions of fact asked by the public shall, when appropriate, be answered by the President or referred to the Superintendent for reply. QuestionsQuestions requiring investigation shall be
referred toreferred to the Superintendent for later report to the Board. Questions or comments on matters that are
currently undercurrently under legal review will not receive a response.
● IfC. If considered necessary, the President shall set a time limit on the length of the comment period. In order
to ensureto ensure that each individual has an opportunity to address the Board, the President may also set a time
limit forlimit for individual speakers.
● Members of the public may be recognized by the President to assist the Board with information for the conduct of its official business.
● PersonalD. Personal attacks upon Board members, staff personnel, or other persons in attendance or absent
by individualsby individuals who address the Board are discouraged. Presenters are cautioned that statements
or representationsor representations concerning others that convey an unjustly unfavorable impression may subject
the presenterthe presenter to civil action for defamation. Policies KE, KEB, KEC, and KED are provided by the
Board forBoard for disposition of legitimate complaints, including those involving individuals. Upon conclusion of
the open callthe open call to the public, individual members of the Board may respond to any criticism made by
an individualan 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 Public Comment Request forms is available.
Adopted: October 27, 2011 <-- 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
PUBLIC COMMENT REQUEST
Public Rules of Conduct: The Board President shall keep control of the meeting and require the speakers and the audience to refrain from abusive or profane remarks, disruptive outbursts, applause, protests, or other conduct which disrupts or interferes with the orderly conduct of the business of the meeting. Personal attacks on Board members, staff, or members of the public are not allowed. It is inappropriate to utilize a public hearing, the Public Comment segment, or any other agenda items for the purpose of making political speeches. Engaging in such conduct, and failing to cease such conduct upon request of the presiding officer, will be grounds for ending a speaker's time at the podium or for the removal of any disruptive person from the meeting room at the direction of the Board President.
Date of Governing Board Meeting
NameTO ADDRESS BOARD
I request permission to address the Governing Board on the following item on the agenda:
_____________________________________________________________
(Please print clearly so your name may be called correctly) Address ___
________________________________________________________________
________________________________________________________________Phone
_____________________________________________________________Agenda Item You Wish to Address. No. ___
_________________ ___________ -- _________________________________
(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 -->
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 -->
Adoption of new policies or the revision or repeal of existing policies is the responsibility of the Board. The Board shall adhere to the following procedure in considering and adopting policy proposals to ensure that they are fully studied before final action:
● First A. First meeting - the proposal shall be presented for review.
● Second B. Second meeting - the proposal shall be presented for discussion and action.
During discussion of a policy proposal, the views of the public, staff members, and the Board may result in changes. A change shall not require that the policy go through an additional review except as the Board determines that the change requires further study and that an additional review would be desirable.
Policies may be adopted or amended at a single meeting of the Board in a Board-declared emergency.
Adopted: date of Manual adoption <-- z2AdoptionDate -->
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
REGULATION
POLICY REVISION AND REVIEW
The District is a subscriber to the Policy Services Program of the Arizona School Boards Association (ASBA). This service will assist the District in the amendment of District policies or in the adoption of new policies originated by the District.
The procedure listed below will be followed to ensure the expeditious review and consideration of policy updates received from the ASBA Policy Services Program and all newly proposed policies:
●A. A master file of policy updates (Policy Services Advisories) will be kept by the Superintendent
's designee - Administrator for Human Resources.
● UponB. Upon receipt, a copy of each update will be forwarded to the appropriate member(s) of the Superintendent'
s staffs staff.
● TheC. The designated staff member may review and evaluate the update and recommend action to
the Superintendentthe Superintendent, including any proposed changes needed to adapt the update to specific
circumstances withincircumstances within the District.
● IfD. If changes or new policies are recommended, the
Administrator for Human Resources maySuperintendent will send a copy of the update to
ASBA PolicyASBA Policy Services for review or contact ASBA Policy Services by phone to discuss the proposed changes.
● FollowingE. Following review by ASBA Policy Services, the updated policy or any newly proposed policies will be
placed onplaced on the Board agenda for a first review by the Board.
● FollowingF. Following the first review, if any proposals are made for further changes, such changes
maywill be sent to
ASBA PolicyASBA Policy Services for review or discussed with them by phone.
● IfG. If no changes are proposed, or after any such proposed changes have been reviewed by ASBA
Policy ServicesPolicy Services, the updated policy will be placed on the Board agenda a second time for action by the Board.
● FollowingH. Following adoption by the Board, the
Administrator for Human ResourcesSuperintendent will send a copy of the adopted policy and the date
of adoptionof adoption to ASBA Policy Services.
● ASBAI. ASBA Policy Services will produce the final adopted copy of the policy and return the final copy to the District.
● TheJ. The Superintendent will reproduce sufficient copies of the new policy, as received from ASBA Policy Services,
maintaining an official copy at the District office. Employees will be notified via e-mail with links to new policies and regulationsand forward a copy to each person who is assigned a policy manual, with instructions as to how it is to be incorporated into the policy manual.
The Superintendent has the responsibility for carrying out, through administrative regulations, the policies established by the Board. The administrative regulations shall specify required actions and reflect the detailed arrangement under which the District will be operated.
Before issuance, regulations shall be properly titled and coded in conformance with the policy classification system selected by the Board.
The Board reserves the right to review all administrative regulations. The Superintendent shall provide a copy of each District regulation to each Board member prior to distribution.
Adopted: date of Manual adoption <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-321
The Superintendent shall develop procedures to ensure that employees, students, 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, students, 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 available on the District web portal, as well as, 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:
● AnA. An employee will first communicate on school- or employment-related matters at the administrative level.
Any employeeAny employee who exhausts the opportunity of discussing a matter at the various administrative levels may
then communicatethen communicate in writing with the Board on the matter. No anonymous communication will be considered
by theby the Board.
● AnyB. Any employee who wishes to address the Board in the employee's capacity as a parent, District resident,
or individualor individual, rather than as an employee, may do so by following the procedures in Policies BEDH and BHD.
● OfficialC. Official communications, policies, directives, Board concerns, and Board action(s), as appropriate, will
be communicatedbe communicated to employees by the Superintendent.
Adopted: date of 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:
● AnyA. Any community member who exhausts the opportunity of discussing a matter at the administrative level
may communicatemay communicate with the Board in writing. No anonymous communication will be considered by the Board.
● AB. A member of the community who wishes to address the Board in person may do so by following
the proceduresthe procedures in Policy BEDH.
● OfficialC. Official communications, policies, Board concerns, and Board action, as appropriate, will be imparted to
the communitythe community by the Superintendent.
Adopted: date of 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:
● TheA. The Board will periodically decide which meetings appear to be most promising in terms of producing
direct anddirect and indirect benefits to the District.
● FundsB. Funds for participation at such meetings will be budgeted on an annual basis. When funds are limited,
the Boardthe Board will designate which of its members would be the most appropriate to participate at a given meeting.
WithWith the prior approval of the Board, Board members may participate in meetings other than those
authorized inauthorized in the budget.
● WhenC. When a conference, convention, or workshop is not attended by the full Board, those who do participate
will bewill be requested to share information, recommendations, and material acquired at the meeting.
Adopted: date of 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:
● Former A. Former Board members must have served at least four (4) consecutive years on the Board, must have been covered been covered under the insurance plan while serving as Board members, and must pay the full premiums for the insurance the insurance coverage. Such participation must not result in an expenditure of District monies.
● The B. The spouse and dependents of a Board member or former Board member may continue participation in the insurance the insurance plan if they pay the full premium for the insurance coverage and their participation does not result in any result in any expenditure of District monies.
● For C. For a surviving spouse or dependents of a Board member or former Board member to be eligible for continued coveragefor continued coverage, the deceased Board member or former Board member must have served four (4) consecutive years consecutive years and have been covered under the insurance plan while serving on the Board.
● The D. The surviving spouse and/or dependents of a deceased Board member who was eligible for coverage while in office in office will be eligible for continued coverage.
Adopted: date of 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: September 22, 2011 <-- 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
The District administration is responsible, within the guidelines established by Board policy, for the direction and coordination of students and staff members in their efforts to reach educational goals adopted by the Board.
The Board expects the administration to specialize in:
● the A. the processes of decision making and communication;
● planningB. planning, organizing, implementing, and evaluating educational programs;
● the C. the demonstration of educational leadership;
● the D. the development and maintenance of close working relationships and channels of communication within the District within the District and the community;● the
E. the minimization of understanding and the misunderstandings; and
F. the development of cooperation toward attaining the educational goals adopted by the Board.
Effective administration of the District is vital to a high quality educational program. The general purpose of the District's administration is to establish and maintain an environment in which students learn most effectively. Administrative responsibilities shall be designated according to the duties required to improve instruction and learning. The Governing Board shall rely on the District Superintendent as its chief executive officer to provide the administrative leadership required for the District to achieve its mission.
Adopted: date of Manual adoptionAdopted: <-- 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.
When a vacancy exists in the office of the Superintendent, the Governing Board will seek the best qualified person available. The Governing Board will screen all applicants or, by a majority vote, delegate this responsibility to an outside group to proceed with recruitment as directed by the Governing Board. Strategies for recruiting and selecting candidates will be as determined by the Governing Board to best meet the needs of the District. The Governing Board will interview final candidates and select the individual of its choice. The President of the Governing Board will announce the selection of the Superintendent. The initial contract of the superintendent-elect may be established for up to three (3) years.
Adopted: date of Manual adoptionAdopted: <-- 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:
● Administers A. Administers the development, coordination, maintenance, and evaluation of the educational program, including including the special education program.
● Supervises B. Supervises methods of teaching, supervision, and administration in effect in the schools.
● Keeps C. Keeps informed of modern educational thought and practices by advanced study, by visiting school systems elsewheresystems elsewhere, by attending educational conferences, interacts with other educational professionals, and by other appropriate means.
● Keeps D. Keeps the public informed about modern education practices, educational trends, and the policies, practices, and and problems in the District schools.
Management:
● Ensures A. Ensures that all activities of the District are conducted in accordance with the laws of the state of Arizona, the regulations the regulations of the Arizona Board of Education, and the policies of the Governing Board.
● Assumes B. Assumes responsibility for the overall financial planning of the District and for the preparation of the annual budgetannual budget, and submits it to the Board for review and approval.
● Establishes C. Establishes and maintains efficient procedures and effective controls for all expenditures of school funds in accordance in accordance with the adopted budget, subject to direction and approval of the Board.
● Maintains D. Maintains or has maintained adequate records for the schools, including, but not limited to:●~ financial
1. financial accounts,
●~ business2. business and property records,
●~ personnel3. personnel,
●~ school4. school population,
●~ student5. student records including verifiable documentation of each student's residency in this state
in accordancein accordance with guidelines and forms adopted by the Arizona Department of Education, and
●~ scholastic6. scholastic records.
● Provides E. Provides suitable instructions and regulations to govern the maintenance of District properties.
● Provides F. Provides suitable instructions and regulations to govern the safety and transportation of students.
● Assumes G. Assumes responsibility for the use of buildings and grounds.
● Recommends H. Recommends the locations and sizes of new school sites and of additions to existing sites; the locations and locations and sizes of new buildings; the plans for new school buildings; all appropriations for sites and buildings; and and improvements, alterations, and changes in the buildings and equipment of the District.
● I. Oversees the processing and submission of required reports.
● J. Interprets the budget and finances to the community.
● Remains K. Remains current on new legislation and implements laws to the best advantage of the District.
Governing Board:
● Attends A. Attends and participates in all meetings of the Board and its committees, except when excused by the Board.
● Takes B. Takes prompt action to implement all directives of the Board.
● Advises C. Advises the Board on the need for new and/or revised policies.
● Provides D. Provides timely advice to the Board on the implication of changes in statutes or regulations affecting educationaffecting education.
● Informs E. Informs and advises the Board about programs, practices, and problems of the schools, and keeps the Board informed Board informed of the activities operating under the Board's authority.
● Prepares F. Prepares and submits to the Board recommendations relative to all matters requiring Board action, placing before placing before the Board such facts, objective information, and reports as are needed to ensure the making of informed of informed decisions.
● Develops G. Develops and implements rules and regulations in keeping with Board policy.
● Acts as a H. Acts as chief public relations agent for the District.
● Acts I. Acts on own discretion if action is necessary in any matter not covered by Board policy, reports such action to the to the Board as soon as practicable, and recommends policy guidance in the future.
Personnel:
● Recommends A. Recommends to the Board the appointment or dismissal of all employees of the District.
● Ensures B. Ensures that all employees are evaluated in accordance with the schedule established by the Board and that employees are certificated for the position for which they are hired.
● Determines C. Determines assignments, defines the duties, and coordinates and directs the work of all employees of the Districtthe District.
● Recommends D. Recommends all promotions, demotions, and salary changes to the Board.
● Communicates E. Communicates to all employees all actions of the Board relating to personnel matters, and receives from employees from employees all communications to be made to the Board.
The Superintendent shall have a valid fingerprint card issued pursuant to A.R.S. 41-1758.03.
Adopted: September 22, 2011 <-- 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:
● To A. To give notice to teachers, pursuant to A.R.S. 15-536, of the Board's intention not to offer a teaching contract.
● To B. To give notice to teachers, pursuant to A.R.S. 15-538.01, of the Board's intention not to offer a teaching contract teaching contract and to dismiss the teacher.
● To C. To give notice to an administrator or certificated school psychologist, pursuant to A.R.S. 15-503, of the Boardthe Board's intention not to offer a new contract.
● To D. To issue to teachers, pursuant to A.R.S. 15-536, 15-538, and 15-539, written preliminary notices of inadequacy of inadequacy of classroom performance, reporting such issuance to the Governing Board within ten ten (10) school days.
● To sign easements for access incident to construction and site development projects.
● To reinstate any pupil under current suspension.
● To oversee the assignment of teachers to schools. Teachers shall be assigned to the positions for which they are best prepared. Assignments may be changed during the year when it is in the best interests of the District.
Adopted: November 12, 2013Adopted: <-- 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: November 12, 2013 <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-503
CROSS REF.:
CBA - Qualifications and Duties of the Superintendent
EXHIBIT
EVALUATION OF SUPERINTENDENT
SUPERINTENDENT EVALUATION INSTRUMENT
(Board Only)
School Year: ___________________
Superintendent: ____________________________ Date of Review: __________
The instrument consists of three (3) parts: an assessment of the Superintendent's demonstration of executive skills (Part I), an assessment of progress made toward performance goals (Part II) and an assessment of overall performance (Part III).
Please use the following numeric rating scale:
4 = Performance exceeds standards and expectations
3 = Performance meets standards and expectations
2 = Performance does not fully meet standards and expectations
1 = Performance fails to meet standards and expectations
N/A = No basis for evaluation of performance
Part I - Demonstration of Executive Skills
Please rate the Superintendent in each of the following categories using the above scale. When rating the Superintendent, please consider the stated indicators of performance and supporting documentation provided. Do not assign scores below 1 or above 4. If you have no basis by which to judge the performance of duties within an indicator area, use N/A for that particular item.
______ Board Relations:
● The Superintendent keeps all Board members informed on issues, needs and operation of the school system.
● The Superintendent supports Board policy and actions to the public and staff.
● The Superintendent works toward creating and maintaining a high degree of understanding and respect between staff and the Board.
● The Superintendent exercises good judgment and objectivity in making recommendations to the Board.
● The Superintendent understands and executes the intent of Board policy.
● The Superintendent refrains from criticism of the Board and works to keep staff members respectful to Board in public meetings.
● The Superintendent is honest and straightforward in communication with the Board.
● The Superintendent demonstrates integrity and trustworthiness.
______ Community Relations:
● The Superintendent works effectively with local, state and federal levels of government.
● The Superintendent responds in a timely manner to communications from the community and ensures adherence and appropriate response through the chain of command.
● The Superintendent works in a professional manner with community members.
● The Superintendent works in a professional manner with the media.
● The Superintendent regularly and effectively solicits input from members of the community on educational needs, issues, and programming.
● The Superintendent is a strong advocate in the community for public education and demonstrates the courage to support his/her convictions.
● The Superintendent maintains high standards of ethics, honesty and integrity in all matters of interaction with the community.
● The Superintendent maintains poise and exhibits diplomacy in the full range of his interactions with the community.
● The Superintendent interacts effectively with groups outside the School District to accomplish the goals of the District.
______ Staff and Personnel Relations:
● The Superintendent has vision and communicates a mission for the school system.
● The Superintendent develops good staff morale and loyalty to the organization.
● The Superintendent treats all personnel fairly, without favoritism or discrimination, while insisting on performance of duties.
● The Superintendent delegates authority to staff members appropriate to the position each holds.
● The Superintendent has a process in place to evaluate performance of staff members, giving commendation for good work as well as constructive suggestions for improvement.
● The Superintendent solicits input from staff when planning.
● The Superintendent creates an environment which encourages continuous staff improvement.
● The Superintendent encourages innovation, technology and best practices in the classroom.
● The Superintendent models the highest professional standards to staff and community.
● The Superintendent ensures that all students are given the opportunity to succeed academically.
______ Business and Finance:
● The Superintendent oversees a budget development process that results in recommendations based on District priorities and available resources.
● The Superintendent oversees budget implementation in a way that ensures appropriate expenditure of budgeted funds and provides for clear and timely budget reports.
● The Superintendent implements and oversees a planning process that results in goals, targets, or priorities for all major areas of District operations.
● The Superintendent monitors the effectiveness of District operations against appropriate benchmarks.
● The Superintendent implements and oversees appropriate administrative procedures and practices to reduce the risk of loss.
______ Strategic Planning:
● The Superintendent works effectively with the Board, staff and community to develop both short and long range strategic plans.
● The Superintendent oversees the development of short- and long-range strategic plans that have clear criteria for determining effective achievement and evaluating outcomes.
● The Superintendent oversees implementation of short- and long-range strategic plans in a way that ensures the appropriate allocation of District resources.
● The Superintendent keeps the Board and community informed of progress made toward short- and long-range plans.
● The Superintendent works cooperatively with staff, Board and community to improve instructional programs.
Part II - Progress Toward Performance Goals
● See attachment.
Part III - Overall Performance:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
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 Administration)
The authority to suspend a student from school for up to ten (10) days is vested in the Deputy Superintendent for kindergarten (K) through grade twelve (12) Academic Services, administrators for kindergarten (K) through grade twelve (12) Academic Services, each principal, and each assistant principal.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. A principal will directly report to their assigned kindergarten (K) through grade twelve (12) administrator. All duties, authority, and responsibilities of the principal will be delegated only by the Superintendent. These duties include, but are not limited to, the following:
● A. A principal is responsible for the operation of the educational program of the school.
● A B. A principal is responsible for the supervision and evaluation of the building staff members.
● A C. A principal will maintain discipline on the part of personnel and students.
● A D. A principal will care for and protect the building, the equipment, the grounds, and other school property.
● A E. A principal will maintain school records and prepare reports.
● A F. A principal will take reasonable precautions to safeguard the health and welfare of students and staff membersstaff members, will report accidents, will formulate plans for emergencies, and will conduct evacuation drills evacuation drills each school month and keep written records of such drills.
● A G. A principal will be responsible for maintaining a close relationship with the community and should interpret the educational the educational program to the citizens of the District.
● A H. A principal will, by advanced study, by visits to school systems in other areas, by attendance at educational conferenceseducational conferences, and by other means remain well informed relative to modern educational thought and practice.
● A I. A principal will distribute a parental satisfaction survey to the parent of every child enrolled at the school, pursuant pursuant to A.R.S. 15-353.
The Board authorizes the Superintendent to establish advisory councils, cabinets, and committees when deemed necessary for proper administration of Board policies and for the improvement of the total educational program. All cabinets, councils, and committees created by the Superintendent shall be for the purpose of obtaining to a maximum degree the advice and counsel of the personnel, clients, and patrons of the District.
The number, composition, and work to be done by such cabinets, councils, and committees shall be defined by the Superintendent.
Adopted: date of Manual adoption <-- z2AdoptionDate -->
REGULATION
SCHOOL - BASED MANAGEMENT
(School Councils)
The District endorses shared decision making contingent upon a school council fulfilling the following elements:
● Curricular A. Curricular and instructional implementation strategies/designs must fulfill the mission statement and adopted beliefs adopted beliefs of the District.
● The B. The school council should carefully follow the processes, including brainstorming, consensus building, and pyramidingand pyramiding. This is "vision" creation, as opposed to a problem-solving process.
● The C. The school council must fully analyze and explore current resources and assess options for reaching their vision their vision of excellence.
● The D. The school council, with approval by the principal, will, at scheduled intervals, monitor and evaluate implementation based on a written evaluation plan. The evaluation plan must include some demonstrably valid, quantifiable quantifiable measures of progress.
Role and Responsibility of
the School Council
The council:
● Is A. Is advisory to the school administrative staff.
● Is B. Is a representative group that solicits input from parents, community, and staff members.
● Reviews C. Reviews literature and data.
● Makes D. Makes recommendations for school improvement.
● Monitors E. Monitors implementation structure for new instructional designs.
● Provides F. Provides local leadership and representation in the school decision-making structure.
There may be a tendency for a school council to lose its understanding of extended ownership to groups affected by its decisions, and, in effect, become a new local bureaucracy. To avoid this result, employees must be aware and remind one another that the movement to shared decision making at the school level is not for the purpose of creating new, smaller bureaucracies to replace a larger bureaucracy, but, rather, a movement to involve all constituencies in fulfilling the mission and beliefs of the District.
Proposal Outline
Shared-decision-making proposals are for the purpose of creating new and effective curricular and instructional strategies/designs and increasing student learning. All proposals shall be submitted to the principal and shall, as nearly as possible, follow the outline identified below.
Shared decision making - curricular and/or instructional strategy/design plan process - proposal requirements:
A. Documentation that the new curricular and instructional design was developed in conjunction with parents, students, teachers, and support personnel.
B. Documentation of parent, student, teacher, and support staff support of the program.
C. Proposal development:
1. Needs assessment.
2. Goals.
3. Measurable performance objectives.
4. Proposal implementation (activities):
a. Staffing.
b. Materials, supplies, equipment.
c. Facilities.
d. Staff training.
e. Support services.
5. Time line (calendar of events).
6. Evaluation design.
7. Budget.
D. Statement(s) of assurances that the proposal is:
1. To increase the efficiency and effectiveness of the school.
2. To increase academic achievement for "all" students.
E. Provision of a dissemination plan.
F. Provision of a monitoring plan.
Conflict Resolution
If a school council's curricular and/or instructional strategy/design plan conflicts with an existing Board-approved program or policy, the following steps can be taken:
A. The school council shall attempt to design an alternative plan that arrives at the same intended outcomes without violation or conflict with the Board-approved program or policy.
B. If this cannot be accomplished, the school council may request a waiver for a strategy/design plan that conflicts with existing Board-approved programs or policies.
C. If a plan requires waivers, it must be approved by the principal and brought to the Superintendent for approval and possible submission to the Board.
D. Waivers may be granted for temporary and specific periods of time and will be evaluated in light of the plan's ability to better implement the mission statement and adopted beliefs of the District.
Requests for Additional Authority
Additional responsibilities and authority may be delegated to a school council if deemed necessary by the Board. The school council may request additional authority to accomplish delegated responsibilities by submitting a written proposal to the Superintendent, which must contain the elements identified below.
A. The principal's statement of support.
B. Motion of the council to request additional authority and vote count.
C. Specific authority requested and reason for request, analyzing how the request will improve the program for all children.
D. Possible impact of additional authority on personnel use and cost of programs to be improved.
E. Suggested date of termination of authority unless reapproved by the Governing Board.
(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:
● Three (3) parents or guardians of students enrolled in the school who are not employed by the District in the school of proposed membership.
● Three (3) teachers.
● One (1) noncertificated employee.
● One (1) community member if the school is a high school or two (2) community members if the school is not a high school.
● One (1) student if the school is a high school.
● 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 adoptionDistrict, having only one (1) school or fewer than six hundred (600) students, is not required under Arizona statutes to have a program of school-based management as outlined in Arizona statutes, and the Governing Board elects not to have such a program.
Adopted: <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-351
15-352
15-353
A.G.O.
I99-01843-1089.01
CROSS REF.:
BDD - Board-Superintendent Relationship
CCB - Line and Staff Relations
EXHIBIT
SCHOOL - BASED MANAGEMENT
SCHOOL COUNCILS
Research has identified characteristics of effective schools. Such research makes it clear that the most influential unit of effective school change or improvement is the individual school demonstrating the following characteristics:
● Consensus A. Consensus on explicit instructional goals and beliefs (mission statement).
● DistrictB. District-level support for school improvement; Governing Board, administration, and staff commitment to commitment to current research and the District-adopted mission statement.
● Ongoing C. Ongoing staff development and training.
● High D. High level of parental involvement and support.
● Individual E. Individual school autonomy and flexibility in the development of new curricular and instructional designs.
● CollaborativeF. Collaborative, collegial instructional planning.
● A G. A focus on basic skills acquisition.
● An H. An emphasis upon higher-order cognitive skills.
● I. Teacher responsibility for effective instructional and classroom management decisions and practices.
● J. Teacher/parent accountability and acceptance of responsibility for student performances.
● A K. A safe, orderly, and disciplined school climate.
● Strong L. Strong instructional leadership.
● M. Frequent monitoring of student progress.
● Measurable N. Measurable student performance outcomes.
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
REGULATION
POLICY IMPLEMENTATION
Principals, directors, and others designated by the Superintendent shall establish procedures for conducting activities within their individual units that are consistent with administrative regulations and Board policies.
Curriculum guides, manuals, handbooks, pamphlets, and similar publications will be presented to the Superintendent for approval prior to publication. The Superintendent shall ensure that all such publications are consistent with Arizona Department of Education rules and regulations as well as with Board policies and administrative regulations.
Copies of all such publications shall be provided to the Board.
Adopted: date of Manual adoption <-- z2AdoptionDate -->
REGULATION
HANDBOOKS AND DIRECTIVES
All curriculum guides, manuals, handbooks, pamphlets, and similar publications shall be reviewed by the principal or supervisor, and shall be forwarded to the Superintendent for approval prior to printing and distribution.
The Superintendent shall have the authority to implement action if a situation should develop that is not covered by established Board policy. It is the Superintendent's duty to inform the Board of any such action and of the need to develop an official policy.
Adopted: 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 consultative consultive services will be helpful in the improvement of the instructional program. All consultants shall be approved by the Superintendent prior to the invitation and arrangement for such visitation should the expenditure of District funds be necessary. The Board should be advised of such decisions.
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:
● The A. The name of the project
B. ● The The qualified provider
C. ● The The total cost of the project
D. ● The 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: November 12, 2013<-- 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:
● Encourage A. Encourage short- and long-range planning through the best possible budgeting procedures.
● Explore B. Explore all practical and legal sources of monetary income.
● Guide C. Guide the expenditure of funds to achieve the greatest educational returns.
● Require D. Require maximum efficiency in accounting and reporting procedures.
● MaintainE. 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 or secondary property tax levy; including override levy and bond levy of the District over the preceding year's tax levy.
Adopted: date of Manual adoption <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-821
15-905
15-905.01
15-910
15-919
15-2201
Each school year the Superintendent shall prepare and disseminate a budget preparation schedule to accomplish all required budgetary actions for the following school year. This schedule will, as a minimum, provide specific dates for the accomplishment of all state-mandated actions.
The budgeting process of the District shall be in compliance with the Arizona Revised Statutes and federal rules.
Adopted: date of Manual adoptionAdopted: <-- 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
REGULATION
BUDGET PLANNING, PREPARATION,
AND SCHEDULES
The business manager will prepare a schedule of budget deadlines for presentation to the Superintendent each year. This schedule will cover all actions necessary to prepare the budget for the following school year.
The following items may be included in the recommended budget schedule:
● Specific A. Specific date for receipt of unit budgets from administrators.
● Date B. Date for initial meeting on the budget with appropriate staff members.
● DateC. Date(s) for student membership and attendance reports.
● DateD. Date(s) for estimates on the maintenance and operations and capital budgets.
● Date E. Date for completion of employee compensation consideration(s).
● Date F. Date for preparing financial projections for all categories and subcategories to be included in the proposed budgetproposed budget(s) for the ensuing fiscal year.
● Date G. Date for determining if the proposed budget(s) is (are) in excess of the District�s District's truth in taxation base limit limit [A.R.S. 15-905.01].
■ When 1. When the base limit will be exceeded a decision must be made whether to publish the truth in taxation notice taxation notice separately or in combination with the proposed budget or budget summary.
■ Either 2. Either publication procedure requires publication at least ten (10) days but not more than twenty (20) days days prior to the truth in taxation hearing.
■ The 3. The truth in taxation hearing may be held in conjunction with the proposed budget hearing.
● The H. The Governing Board shall not later than July 5 and not less than ten (10) days before:
■ Publish 1. Publish or mail to each household in the District a copy of the the proposed budget or a summary of the proposed the proposed budget for consideration of the residents or taxpayers of the District, and a notice of the public the public hearing and Board meeting.
■ Furnish 2. Furnish to the Superintendent of Public Instruction and County School Superintendent, in electronic formatelectronic format, the proposed budget and summary of proposed budget for the budget year.
■ Submit 3. Submit to the Department of Education the proposed budget which shall prominently display this information this information about the School District on the website maintained by the Department. If the School District School District maintains a website, the School District shall post a link to the website of the Department of Department of Education where this information about the School District is posted.
● I. The Governing Board shall not later than July 15 and not less than ten (10) days after posting or mailing the notice the notice of the public hearing and Board meeting:
■ Conduct 1. Conduct the public hearing and present the proposed budget to the persons attending the hearing, and
⇒ If a. If a truth in taxation hearing is required it must be conducted prior to the budget hearing.
■ Immediately 2. Immediately following the public hearing the President shall call the Governing Board meeting to order for order for the purpose of adopting the budget.
● J. Not later than July 18:
■ The 1. The adopted budget shall be filed by the Governing Board with the County School Superintendent (who shall who shall immediately transmit a copy to the Board of Supervisors).
■ The 2. The adopted budget shall be submitted electronically to the Superintendent of Public Instruction.
■ The 3. The adopted budget shall be submitted to the Department of Education. The Department shall prominently shall prominently display this information about the School District on the website maintained by the Departmentthe Department. If the School District maintains a website, the School District shall post a link to the website the website of the Department of Education where this information about the School District is posted.
● File K. File with the Superintendent of Public Instruction within thirty (30) days from the action date:
■ The publisher�s 1. The publisher's affidavit of publication confirming publication of the proposed budget, or
■ An 2. An affidavit affirming the proposed budget was mailed to each household in the School District, or
■ An 3. An affidavit noticing that the proposed budget was posted on the Department of Education website.
Override Election:
● DateA. Date(s) for override, if applicable.
● Date B. Date for budget hearing on following year's budget.
■ At 1. At least ninety (90) days before a proposed override election (first [1st] Tuesday following the first [1st] Monday Monday in November, order override election to present proposed override budget to electors. Must also Must also prepare alternate budget without override increase in event voters reject the proposed override budgetoverride budget.
■ At 2. At least thirty-five (35) days before override election, mail or distribute to households where qualified electors qualified electors reside the informational report prepared by County School Superintendent.
■ When 3. When a determination is made to cancel the override election, the request must be made to the County School County School Superintendent at least eighty (80) days before the override election date.
Annual Financial Report:
Not later than October 15 of each year the Governing Board shall:
● Prepare A. Prepare and distribute the annual financial report for the prior fiscal year.
● Electronically B. Electronically submit a copy of the financial report to the County School Superintendent. The report shall be approved shall be approved by the County Superintendent in an electronic procedure prescribed by the Department of Educationof Education.
● Electronically C. Electronically submit a copy of the financial report to the State Superintendent of Public Instruction.
● Submit D. Submit a copy of the annual financial report for the prior fiscal year to the Department of Education. The Department The Department shall prominently display this information about the School District on the website maintained by maintained by the Department. If the School District maintains a website, the School District shall post a link to the website the website of the Department of Education where this information about the School District is posted.
Not later than November 15 of each year the Governing Board shall publish the annual financial report:
● In A. In a newspaper of general circulation within the School District, or
● In B. In the official newspaper of the county as defined in A.R.S. 11-255, or
● By C. By mailing a copy to each household in the District, or
● By D. By electronic transmission of the information to the Department of Education for posting on the Department�s websiteDepartment's website, or
■ If the Board chooses this option the School District shall post a link on the District�s District's website to the report on report on the Department�s Department’s website.
All forms and technical requirements for each respective form shall be as prescribed in A.R.S. 15-904.
At least ten (10) days before and not later than July 5, the Governing Board shall publish notice of the public hearing and Board meeting to be held no later than July 15 to present the proposed budget for consideration of the residents or taxpayers of the District and shall submit the proposed budget to the Department of Education. The Department shall prominently display the budget information on the website maintained by the Department. If the District maintains a website, the District shall post a link to the website of the Department of Education where this information about the District is posted.
If a truth-in-taxation notice and hearing is required under A.R.S. 15-905.01, the Board may combine the budget notice and hearing with the truth-in-taxation notice and hearing.
The publishing of the proposed budget and notice of the hearing and meeting shall be in accordance with A.R.S. 15-905. If a truth-in-taxation notice and hearing is necessary, the notice shall be in accordance with A.R.S. 15-905.01. If the Board determines to combine the budget and truth-in-taxation hearings, publication of a combined notice must satisfy the requirements of both A.R.S. 15-905 and 15-905.01.
Immediately following the public hearing the President shall call to order the Board meeting for the purpose of adopting the budget. A Board member may, without creating a conflict of interest, participate in adoption of a final budget even though the member may have substantial interest in specific items included in the budget.
The Board shall adopt the budget and enter the budget as adopted in its minutes.
Not later than July 18, the Governing Board shall submit the adopted budget to the Department of Education. The Department shall prominently display the District budget information on the website maintained by the Department. If the District maintains a website, the District shall post a link to the website of the Department of Education where this information about the District is posted.
Filing of the budget shall be according to state law. [See Regulation DBC-R]
If the Governing Board receives notification that one (1) or more of the District's categorical budgets are in excess of its authorized limit, the Board shall revise the affected budget(s) in accordance with A.R.S. 15-905.
Adopted: September 22, 2011 <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-903
15-905
15-905.01
15-911
15-915
15-948
CROSS REF.:
DBC - Budget Planning, Preparation and Schedules
In order to determine if budgeted expenditures are in keeping with the adopted budget, a monthly report of expenditures and revenues shall be presented to the Board. Variances within budget categories shall be a part of this report.
An over- 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 -->
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 Peoria Unified ________________________________________ School District No. 11 ____ intends to participate in such programs and receive federal funds;
NOW, THEREFORE, BE IT RESOLVED that the Governing Board of the Peoria Unified _________________________________ School District No. 11 ____ 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 Peoria Unified School District No. 11 ___________________________ Governing Board on ____________________, 20____.
ATTEST:
____________________________________
President
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
(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
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
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.
In order to expedite the business of the District, the Governing Board may authorize the use of electronic stamps bearing their individual names for the following documents:
● Certificated Employee Contracts
● Vouchers
● Tuition Contracts
● Diplomas
● Others as approved in advance by each member whose electronic signature is to be used.
Each case shall subsequently be ratified by Governing Board action.
Adopted: date of Manual adoptionAdopted: <-- z2AdoptionDate -->
(Credit Cards and/or Procurement Cards)
Use of Credit
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: January 24, 2013 <-- 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/Purchasing or Procurement Cards)
Purposes,
ConditionsConditions, and Limits
The issuance and use of a purchasing card (P-Card) credit/procurement card is to provide an alternative purchasing mechanism for making purchases with ease and convenience. The Purchasing Card Program is designed to delegate the authority and capability to purchase low dollar value purchases directly. The purchasing card will enable staff to purchase non-restricted commodities directly from the suppliers without issuance of a purchase order (PO). The traditional purchasing/payment cycle, paperwork, and handling costs are greatly reduced. when traditional payment/procurement methods are not feasible. Cards shall be issued in the Districts District's name and if applicable, the cardholders user's name. The program administrator, employee issuing cards shall maintain a complete list of designated cardholderscard users. Physical security of cards shall be maintained at all times. The District shall cancel or inactivate cards, recovering or recover the cards if possible, upon loss, theft, or misuse; when a card is no longer needed; and upon the cardholders transfer from their assigned department or 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 , such as fuel P-Cards used for fleet vehicles, 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 cardholdercard holder. Purchase limits shall be established based on the types of transactions for which the card is being used. Personnel issued P-Cards credit/procurement cards shall be determined by the Superintendent to have a legitimate need and whose use of the card will aide in is necessary for effective purchasing. Personnel designated to use P-Cards 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 purchasing credit/procurement card, which may result in disciplinary action up to and including the loss of employment and other actions provided by law. All cardholderscard 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 P-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 Cardholders 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 regimentregimen.
Scope
The purchasing card is a VISA card issued in the name of the District and if applicable, the cardholder. Cardholders are designated by District management, to make purchases for official District business needs. The purchasing card will enable employees to purchase goods more efficiently and eliminate the preparation of purchase orders to make these purchases.The purchasing card is to 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 the a credit/purchasing procurement card is allowed.
The purchasing card payment system is an individual bill/central payment system. The cardholder receives a monthly account statement for information and reconciliation purposes only. The District Business Services Department obtains a consolidated electronic billing file and makes payment to Bank on behalf of all cardholders. Expenditure transactions are processed and posted to the appropriate departmental fund using the account code string assigned to each transaction during reconciliation by each department/schools liaison.
Purchasing Card Limitations
Individual credit limits, including 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 , vary as determined by the Districtfor 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 purchasing credit/procurement card shall 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 purchasing credit/procurement card privileges.Purchasing
Credit/Procurement Card Transaction
Requirements for Physical,
Verbal,
and Internet Orders
The purchasing card is not intended to avoid or bypass appropriate purchasing or payment procedures. Rather, the purchasing card complements the existing processes available. Therefore, it is important to remember that the use of the purchasing card shall not relieve the cardholder of their responsibility to adhere to any/all existing District negotiated contracts and agreements.
It is the responsibility of the school/department administrator to ensure that there are adequate budgetary funds in the appropriate accounts for which the cardholder will make purchases. Each department/school needs to create a Blanket Purchase Order (PO) to District P Card in MUNIS for the monthly credit limit of the card holder(s).
When making a purchasing card transaction the cardholder shall check as many sources as reasonable to assure best price, quality, service and delivery. The cardholder should have all P-Card purchases delivered to their specific work site and not the warehouse.
Purchasing in Person
The cardholder takes the purchasing card to the supplier, and verifies the supplier accepts VISA. The cardholder selects the order, carefully ensuring that the selection is not listed as a purchasing card exception and that the total cost of the purchase does not exceed the control limits set for the cardholder's purchasing card. The cardholder takes the order to the supplier's cash register and presents the purchasing card for payment. The supplier either swipes the purchasing card through a card reader or calls for an authorization. The supplier asks the cardholder to sign a card authorization slip. The supplier issues the cardholder a copy of the purchasing card authorization slip, cash register tape, and/or paid invoice. The cardholder shall retain all purchasing card transaction documentation for the cycle end reconciliation.
Phone/Fax Orders
The cardholder may call or fax the order to the supplier. The supplier shall request the cardholder's purchasing card number and expiration date. For security reasons, ensure others do not overhear or view this information. The cardholder shall ensure the supplier includes a purchasing card authorization slip, cash register tape, paid invoice, and/or delivery slip with the order. If the supplier intends to mail the purchasing card transaction documentation, the cardholder shall ensure the documentation shall be mailed to the cardholder's District mailing address. The cardholder shall retain all purchasing card transaction documentation for the cycle end reconciliation.
Internet Orders
The cardholder may use electronic mail to submit an order to a supplier. The cardholder shall ensure the supplier includes a purchasing card authorization slip, cash register tape, paid invoice, and/or delivery slip with the order. If the supplier intends to mail the purchasing card transaction documentation, the cardholder shall ensure the documentation is mailed to the cardholder's District mailing address. The cardholder shall retain all purchasing card transaction documentation for cycle end reconciliation. Internet orders shall be subject to use tax.
Use of Purchasing Card
for Travel
The purchasing card may be used for travel by some cardholders. All travel purchases, must be accompanied by a Board approved travel request, the conference brochure, which indicates the conference hotel and dates of conference, as well as appropriate receipts.
Supporting Purchase Documentation
Employees using P-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 on a monthly basis. Supporting documentation may shall include:
● Purchase A. Purchasing requisition, purchase order, ● Paid invoice, ● Packing packing slip,
● Itemized receipt.
● When applicable, Food Justification form, student activity minutes, Student Expenditure Forms, Fleet Agreement form, Board approval and conference details may also be requiredreceiving report, and transaction receipt, as applicable. If original itemized receipts are not available because they were are lost or illegible, the cardholder shall request card user shall request a copy of the receipt from the vendor or complete an affidavit detailing the purchase date, vendor vendor, product product, cost, tax and other charges, and reason the receipt is not available.
● A B. A description of the itemsitem(s) purchased and the specific District purpose for the expenditure.
Payment Process Regiment
Review,C. The card user's signature and date the document was submitted to the District.
D. Documentation of the purchase of fuel or vehicle repair, the license number of the vehicle, and odometer reading of the vehicle.
E. Transactions, such as Internet, phone, and fax transactions may result in card charges before goods or services are received. Such transactions are allowed purchases that are normally prepaid in order to procure the item or to receive a discounted price. In such instances the District shall ensure that all relevant aspects of Uniform System of Financial Records (USFR) VI-G are adhered to for each purchase.
Credit/procurement card statements must be addressed directly to the business office and not to the card holder. All purchase transaction receipts must be reconciled to the monthly credit/procurement card statements prior to entry on an expense voucher. As credit/procurement card companies may charge fees and interest, payments must be made in a timely manner to avoid finance charges.
Use of a Credit/Procurement
Card for Travel
Reservations must be made through the purchasing office. A completed professional leave form must be submitted along with the necessary information. The business office will provide the credit/procurement card information to the selected vendor.
Payment Process Regimen
The Superintendent shall ensure that approval, verification, and payment duties must be 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. cardholders shall forward Upon receipt of the billing statement and supporting purchase documents to the department liaison. Upon receipt, department liaison the card user should complete the Transaction Envelope transaction log and submit the envelope log, billing statement, and all other supporting documentation for review and approval and verification. department liaisons The reviewer shall:
● confirm A. Confirm that all supporting documentation is complete and was submitted in a timely manner.
● verify B. Verify that each purchase transaction appearing on the card users user's billing statement is an appropriate legitimate district purchase and is , legitimate District purchase that was approved, and within the individual's authorized purchase limits.
● sign and date the Transaction Envelope for verification.
● submit reconciled billing 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 to the program administrator.
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 verification review identify any items that were not a valid purchase, appropriate disciplinary action should be takenit 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 Uniform System of Financial Records ( USFR ) purchasing guidelines.
The verification review process shall include strategies that are employed to detect improper or fraudulent transactions.
Rebates and Incentives
Credit card cards or procurement card program 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 deductions 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
FLEET PURCHASING CARD AGREEMENT
(Acknowledgement of Receipt and Requirements for Use)
I acknowledge that, on the date indicated below, I received a VISA Fleet P-Card. I have read and agree to the "Fleet P-Card Procedures" explaining the use and responsibilities of the P-Card. I understand that (Please initial each item):
______ The P-Card is to be used solely for Peoria Unified School District (PUSD) business purchases; not personal use.
______ I am the only person authorized to make purchases with this Fleet P-Card issued to me and that I am responsible for all charges made to the card.
______ I understand that misuse of the Fleet P-Card may result in revocation of my Fleet P-Card. Misuse is defined in the Procedures and also includes:
● Use of the card for personal purchases.
● Use of the card to purchase unauthorized items.
● Use of the card by someone other than the cardholder.
● Fraudulent or inaccurate record keeping.
______ I understand that Peoria Unified School District retains the right to take disciplinary action, terminate my employment and/or seek legal prosecution in the event of gross misuse or fraud involving District funds.
______ I am responsible for returning the Fleet P-Card to the Secretary of the Athletic Director or the Fleet Services Clerk (whichever applies).
______ I am responsible for obtaining original, itemized receipts of my purchase and give them to the Secretary of the Athletic Director or the Fleet Services Clerk (whichever applies).
______ Purchasing card must ONLY be used outside of Maricopa County.
Fleet P-Card Number: ________________________
Issued by: ________________________ Received by: _____________________
(Employee Name, Printed) (Employee Name, Printed)
Signature: _______________________ Signature: ________________________
Date: ___________________________ Date: ___________________________
Trip Information:
Group: _____________________________________________________________
Destination: _________________________________________________________
Trip Dates: ______________________________ Van No.: ___________________
EXHIBIT
CREDIT CARDS
PURCHASING CARD CARDHOLDER AGREEMENT
(Acknowledgement of Receipt and Requirements for Use)
I acknowledge that, on the date indicated below, I received my VISA P-Card. I have received the required training and have been given the Peoria Unified School District (PUSD) P-Card Program Policies and Procedures Manual explaining the use and responsibilities of the P-Card. I understand that (Please initial each item):
DISTRICT-ASSIGNED CREDIT/PROCUREMENT
CARD HOLDER AGREEMENT
By my signature I hereby acknowledge that I have read and understand the ______ The P-Card is to be used solely for PUSD business purchases; not personal use.______ I am the only person authorized to make purchases with this P-Card issued to me and that I am responsible for all charges made to the card.______ I am responsible for retaining original, itemized receipts, accurate accounting records and reconciling monthly statements by the due date each month.______ I understand that misuse of the P-Card may result in revocation of my P-Card and its privileges. Misuse is defined as:
● Use of the card for personal purchases.
● Use of the card to purchase unauthorized items.
● Use of the card by someone other than the cardholder.
● Fraudulent or inaccurate record keeping.
______ I understand that Peoria Unified School District retains the right to take disciplinary action, terminate my employment and/or seek legal prosecution in the event of gross misuse or fraud involving District funds_ 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.
______ I am responsible for returning the P-Card to Business Services should my employment with Peoria Unified School District be terminated.P-Card Account Number: _____________________________ __________________Monthly Credit Limit: __________________________________________________Received by:
Signature Position
___________________________________ _____________________
(Employee Name, Printed)
Signature: __________________________________________________________
(Employee Named Above)
Date: ______________________________________________________________
Trainer Signature: ____________________________________________________
Printed name Date signed
EXHIBIT
CREDIT CARDS
PURCHASING CARD DISTRICT LIAISON, SITE APPROVER AND/
OR CARDHOLDER ACKNOWLEDGEMENT AND TRAINING FORM
I acknowledge that, on the date indicated below I received the required training and have been given the Peoria Unified School District (PUSD) P-Card Program Policies and Procedures Manual explaining the use and responsibilities of the P-Card and my role as an approver or department liaison (DL). I understand that (Please initial each item):
______ The P-Card is to be used solely for PUSD business purchases; not personal use.
______ The Cardholder named on the VISA is the only person authorized to make purchases with this P-Card.
______ As the approver and a site/department administrator I also understand that I am also responsible for the actions of the cardholder. I also understand the importance of approving submissions from the DL on a timely basis.
______ As the DL I am responsible for retaining original, itemized as, accurate accounting records and submitting monthly Transaction Envelopes by the due date each month.
______ As a DL I am responsible for individually scanning each cardholder's statement and all receipts and/or supporting documentation and e-mailing to the Purchasing Program administrator.
______ I understand that misuse of the P-Card may result in revocation of the P-Card and its privileges. Misuse is defined as:
● Use of the card for personal purchases.
● Use of the card to purchase unauthorized items.
● Use of the card by someone other than the cardholder.
● Fraudulent or inaccurate record keeping.
______ I understand that Peoria Unified School District retains the right to take disciplinary action, terminate my employment and/or seek legal prosecution in the event of gross misuse or fraud involving District funds.
Site/Department: _____________________________________________________
Staff Member and Title: _______________________________________________
Signature: __________________________________________________________
Date: ______________________________________________________________
Trainer Signature: ____________________________________________________
EXHIBIT
CREDIT CARDS
PURCHASING CARD
VIOLATION FORM AND MEMO
Date: ____________________ To: ________________________________
From: Purchasing Card Account Clerk
Violation Number: ____ No. 1 ____ No. 2 ____ No. 3
During an audit of your P-Card reconciliation for the period ending _____________, the following P-Card violations (s) were found:
______ The cardholder and/or department liaison (DL) did not complete the monthly statement verification within the allotted time period.
______ Missing original itemized receipt (s) as detailed below:
_________________________________________________________________
______ Amount in Transaction Envelope does not reconcile to the online statement.
______ Purchased equipment items as detailed below:
_________________________________________________________________
(Note: Send a memo no later than _________ indicating the appropriate budget account code for the equipment. The memo must be signed and approved by your site/department administrator.)
______ Item is considered to be a Gift of Public Funds, for personal use or unauthorized purposes as detailed below:
_________________________________________________________________
(Note: Reimburse the District no later than _________, for inappropriate expenditure (check payable to PUSD)
______ Cardholder splits a purchase to circumvent the purchase limit assigned to the cardholder or the limitations of the P-card as detailed below:
_________________________________________________________________
______ Cardholder allowed another employee to use their card.
______ Purchase was made with a non-contracted vendor.
______ Cardholder purchased materials or services which violate policy, law or regulation pertaining to the District.
______ Exceeded monthly spending limit.
______ You accepted cash for returned items instead of a credit to your account.
______ You failed to respond to your Violation Notice dated ______________.
Other: __________________________________________________________________
Please refer to the P-Card Procedures Manual, which outlines your responsibilities as a cardholder and/or DL. Be aware that future violations of P-Card policies may result in your privileges being revoked.
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.
At least once each month the administration will provide the Governing Board with a listing of all vouchers submitted for payment, copies of the current budget printout, the student activity fund report, and the food services statement. Ratification of voucher reports shall be a regular agenda item.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 Peoria Unified __________________ School District No. 11____. 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
On or before 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: September 22, 2011 <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-271
15-302
15-904
15-919.06
15-977
15-991
CROSS REF.:
CM - School District Annual Report
DBC-R - Budget Planning, Preparation and Schedules
The Superintendent shall establish a program to implement District inventory procedures, which shall include inventory of land, buildings, and equipment as required in the 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
REGULATION
INVENTORIES
The business office manager has responsibility to assist the Superintendent in developing procedures for maintaining District inventories. These procedures The District will meet follow the prescribed minimum internal control policies and procedures provided by the Uniform System of Financial Records to meet compliance requirements for inventories.
A copy of the complete inventory shall be on file in the office of the business officemanager. A detailed listing of capital assets such as land, buildings, machinery and equipment, vehicles, infrastructure, and easements must be established as prescribed by the Governmental Accounting Standards Board (GASB). Assets, including lands and buildings, and improvements to land and/or existing buildings, having a total acquisition cost of five thousand dollars ($5,000) or more will be tagged, marked, capitalized and included in the general fixed-assets inventory unless the Governing Board adopts a lower threshold. Depreciation schedules shall be created for all capital assets items and maintained in accord with GASB requirements. To comply with the requirements of GASB Statement number 34, accurate, complete, and up-to-date documentation including, but not limited to, the following shall be maintained:
● An A. An inventory record registering for each item the:
■ location;
■ identification number;
■ description;
■ year 1. description;
2. year of acquisition;■
method 3. method of acquisition;
■ funding 4. funding source;
■ purchase order number;
■ cost 5. cost or estimated cost;
■ salvage 6. salvage value;
■ estimated 7. estimated useful life;
■ function8. function(s) for which the asset is used;
■ condition of asset (required for assets with unit cost of five thousand dollars [$5000] or more);
■ percentage of federal participation (required for assets with unit cost of five thousand dollars [$5000] or more purchased with federal monies).
● A.
B. A depreciation schedule that:
■ includes 1. includes all exhaustible capital assets, by type, with examples;
■ excludes 2. excludes non-exhaustible capital assets and construction in process;
■ is 3. is based on locally-determined estimated useful life, typically in years;
■ projects 4. projects residual value at the end of useful life;
■ identifies 5. identifies the method used for calculating depreciation;
■ identifies 6. identifies the selected averaging condition, where applicable;■ A .
C. A disposal listing of items removed from the inventory, including at minimum the date and method of disposal.
A stewardship inventory may shall also be maintained for all equipment, including vehicles, with a cost of one thousand dollars ($1,000) or more but less than the capital asset threshold. The inventory must identify each item's description, identification (tag) number, location, and the month and year of acquisition.
For insurance and other purposes, an inventory listing of items with an acquisition cost of less than one thousand dollars ($1,000) may be maintained.
The District shall conduct a physical inventory of listed equipment and reconcile it to the general fixed asset listing as follows:
● at A. at least every two (2) years for items:
■ purchased 1. purchased with federal funds;
■ with 2. with an acquisition cost of five thousand dollars ($5,000) or more.
● at B. at least every three (3) years:
■ for 1. for all capital equipment;
■ for 2. for items on the stewardship list, where such list exists.
Facility administrators shall implement the procedures, maintain lists, and provide reports as requested on the contents of their buildings.
Each administrative unit shall assist in completing an annual inventory of all capital furniture and equipment, library media, and textbooks at its location.
Facility administrators shall require any employee who desires to remove a capital an item from one school or department for use in another to submit a written transfer request form to the director of financebusiness manager. Written approval must be obtained from the capital assets accountant business manager prior to the relocation of an item.
Supply records shall be kept, which will show:
● the A. The name of the individual receiving the supplies.
● the B. The date received.
● the C. The disposition of the supplies.
A perpetual inventory shall be maintained for all supplies warehoused by the District.
The Governing Board directs the Superintendent to implement procedures that assure District compliance with all state and federal requirements for financial monitoring and audits. Contingent upon prescribed qualifying criteria, such requirements may include, but are not limited to, procedural reviews by the Office of the Auditor General and the federal Single Audit Act Amendments 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).
The following statutory limitations regarding the auditor or auditing firm shall be followed:
A. The District may not hire the same auditor or auditing firm for more than three (3) consecutive years.
B. An auditor or auditing firm hired by a school district may not also receive consulting fees from that school district.
A final report of each separate fiscal management review shall be presented to the Board for examination and discussion. After a report has been presented to the Board, it will become a matter of public record, and its distribution will not be limited. Copies of a final report shall be filed with with appropriate state and other authorities.
Adopted: March 8, 2012The 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: <-- 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
REGULATION
AUDITS / FINANCIAL MONITORING
The business services Each program, instructional unit, and department shall prepare and maintain such financial records as are directed by the Superintendent. The documents shall be accurate and of essential sufficiency to enable the District to comply with all requirements for financial monitoring and audits, both internal and external.
In addition to special reviews that may be conducted as necessary, the District will comply with the following minimum requirements to demonstrate proper management of and accountability for its fiscal resources:
● Whenever A. Whenever the District's expenditure of federal financial assistance is less than five hundred thousand dollars ($500,000) during a fiscal year, the District shall be subject to a procedural review conducted by the Office of the Auditor General at times determined by the Auditor General, subject to the following provisions:
1. Districts that have adopted a Maintenance and Operations Fund (M&O) budget of two million dollars ($2,000,000) or more shall contract with an independent certified public accountant to conduct an annual financial statement audit in accordance with generally accepted governmental auditing standards.
2. Districts that have adopted a Maintenance and Operations Fund (M&O) budget between seven hundred thousand dollars ($700,000) and two million dollars ($2,000,000) shall contract with an independent certified public accountant to conduct a biennial financial statement audit in accordance with generally accepted governmental auditing standards.
B. Whenever the District's combined expenditure from all sources of federal financial assistance is five hundred thousand hundred thousand dollars ($500,000) or more during a fiscal year, the District shall contract with an approved independent auditor to conduct an annual financial audit. The audit shall be performed in accordance with generally accepted auditing standards in compliance with the requirements of the federal Single Audit Act Amendments of 2003 and any implementing regulations of the Office of Management and Budget (OMB).
To the extent permitted by federal law, the District:
A. may convert to a biennial audit schedule when the previous annual audit contained no significant negative findings, defined as the District having received a letter of noncompliance issued by the auditor general;
B. shall convert back to an annual audit whenever an audit produces significant negative findings;
C. may convert back to a biennial audit schedule when the two (2) previous audits have not contained any significant negative findings.
The Superintendent shall be promptly informed of any material deficiency that is discovered during a monitoring or auditing process.
(Purchasing Ethics Policy)
The District's Governing Board members and employees shall not use their offices or positions to receive any valuable things or benefits that would not ordinarily accrue to them in the performance of duties if the things or benefits are of such value or character as to manifest a substantial and improper influence upon the performance of their duties.
No school official, teacher, employee, or Governing Board member shall:
● Obligate District funds without first securing an approved purchase order. The employee may be held personally liable for unauthorized purchases.
● Accept, take or convert to one's own use, products or services of any kind in the course of, or as the result of, the inspection of such products or services.
● Use one's position to solicit, directly or indirectly, from any person who sells to the School District, the purchase of supplies, services or equipment at special discounts, for private use.
● Be a vendor nor serve as an agent promoting the interests of any organization which transacts or attempts to transact business with the School District.
● Directly or indirectly provide estimates or any business service or information, not available to all prospective bidders, to any person bidding or expecting to bid on a contract with the School District.
● Purposefully exclude any qualified, responsible vendor from submitting a bid in conjunction with good business practices.
● Accept or recommend acceptance of bids which do not meet or exceed identified specifications.
● Open bids or other correspondence except in the manner prescribed by state statutes, Board policy, and good business practice.
This policy should not be construed to prohibit District Governing Board members and employees from accepting inexpensive novelty advertising items and holiday gifts or occasional business meals.
Adopted: date of Manual adoptionA 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: <-- 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 prepare regulations to assure the District conforms to proper procedures and practices.shall ensure that all aspects of bidding and purchasing procedures conform to federal and state laws, rules and regulations. Administrative regulations shall be established to assure the District is in full compliance, including contracting with small and minority businesses, women's business enterprises, and labor surplus area firms. (2 C.F.R. 200.321).
Purchases Not Requiring Bidding
Purchases below the amount specified within the Uniform System of Financial Records (USFR) for verbal quotes of less than ten thousand dollars ($10,000) may be made at the discretion of the Superintendent. Such procurements are not subject to competitive purchasing requirements, however reasonable judgment should be used to ensure the purchases are advantageous to the District.
Verbal price quotations will be requested from at least three (3) vendors for transactions that meet the written quote threshold specified within the USFR but not more than the amount calculated by the State Board of Educationof at least ten thousand dollars ($10,000) but less than fifty thousand dollars ($50,000). The price quotations should be shown on, or attached to, the related requisition form. If three (3) verbal quotations cannot be obtained, documentation showing the vendors contacted that did not offer price quotations, or explaining why price quotations were not obtained, shall be maintained on file in the District office.
Written price quotations will be requested from at least three (3) vendors for transactions that meet the written quote threshold specified within the USFR but not more than the amount calculated by the State Board of Educationof at least fifty thousand dollars ($50,000) but not more than one hundred thousand dollars ($100,000). If three (3) written price quotations cannot be obtained, documentation showing the vendors contacted that did not offer written price quotations, or explaining why written price quotations were not obtained, shall be maintained on file in the District office.
The District is not required to engage in competitive bidding in order to place a student in a private school that provides special education services if such placement is prescribed in the student's individualized education program and the private school has been approved by the Department of Education Division of Special Education pursuant to A.R.S. 15-765. The placement is not subject to rules adopted by the State Board of Education before November 24, 2009 pursuant to A.R.S. 15-213.
The District may, without competitive bidding, purchase or contract for any products, materials and services directly from Arizona Industries for the Blind, certified nonprofit agencies that serve individuals with disabilities and Arizona Correctional Industries if the delivery and quality of the goods, materials or services meet the District's reasonable requirements.
Intergovernmental agreements and contracts between school districts or between the District and other governing bodies as provided in A.R.S. 11-952 are exempt from competitive bidding under the procurement rules adopted by the State Board of Education pursuant to A.R.S. 15-213.
The District is not required to engage in competitive bidding to make a decision to participate in insurance programs authorized by A.R.S. 15-382.
The District is not required to obtain bid security for the construction- manager-at-risk method of project delivery.
Unless otherwise provided by law, contracts for materials or services and contracts for job-order-contracting construction services may be entered into if the duration of the contract and the conditions of renewal or extension, if any, are included in the invitation for bids or the request for proposals and if monies are available for the first fiscal period at the time the contract is executed. The duration of contracts for materials or services and contracts for job-order-contracting construction services shall be limited to no more than five (5) years unless the Board determines that a contract of longer duration would be advantageous to the District. Once determined, the decision should be memorialized in meeting minutes and in the contract/bid file. Payment and performance obligations for succeeding fiscal periods are subject to the availability and appropriation of monies. The maximum dollar amount of an individual job order for a job-order-contracting construction service shall be one million dollars ($1,000,000) or as determined by the Board.
Online Bidding
Until such time as the State Board of Education adopts rules for the procurement of goods and information services by school districts and charter schools using electronic, online bidding, the District may procure goods and information services pursuant to A.R.S. 41-2671 through 2673 using the rules adopted by the Department of Administration in implementing 41-2671 through 2673.
Purchases Requiring Bidding
Sealed bids and proposals shall be requested for transactions to purchase construction, materials, or services costing more than the amount calculated by the State Board of Education and made applicable for the year in which the transaction will occurone 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
of the vendoror
asubcontractor of the vendor, who
has been adjudicated to be a registeredis 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 reasonablyare reasonably expected to be, present. The vendor further agrees by acceptance of this order that a violation of
this conditionthis condition shall be considered a material breach and may result in a cancellation of the order at the District'
s discretions discretion.
Adopted: September 10, 2013<-- 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 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
REGULATION
BIDDING / PURCHASING PROCEDURES
It shall be the responsibility of all levels of administration to allow sufficient time to adhere to District policy when planning their purchases.
All District purchases shall be in accordance with the relevant sections of the Arizona Revised Statues (including, but not limited to to 15-213, 15-323, and and 38-503), the Arizona school district procurement rules set out in A.A.C. R7-2-1001 through through 1195, and with the following.
Requesting Quotations
Requests for price quotations are to include adequate details and be issued with sufficient lead time to enable vendors to effectively respond. When a contract is to be awarded on the basis of price and additional factors those factors are to be included in the request for quotations. Such factors should include, but are not limited to, the following:
● Offer submission requirements, including offer due date and time, type A. Submittal requirements including:
1. Date and time due;
2. Type and manner by which quotations may be received
, where offers will be received, and offer acceptance period;● Any purchase description, specifications, delivery or performance schedule, and inspection and acceptance requirements;
● The minimum information that the offer shall contain;
● Whether negotiations may be held;
● Any contract options, extensions, and renewals;
● Uniform(e.g., telephone, written, fax, e-mail, prepared form);
3. Physical or digital address to which quotations are to be delivered.
B. Specific information the quotation must include.
C. Whether or not negotiations may be held.
D. Options that may be made pursuant to a purchase contract, i.e., extensions and renewals.
E. Contracts for job-order-contracting 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 and has provided for such duration as a part of bid documents and conditions of renewal or extension within contract language. Such determination should be memorialized in writing and kept in the meeting minutes and contract/bid file.
F. Uniform terms and conditions included in the request by text or reference.● Such
G. Such additional terms and conditions by text or reference; and ● Any other terms, conditions, or and instructions specific to procurement.as are applicable to the purchase under consideration.
All requests for written quotations shall be at the direction of the Superintendent or a person designated by the Superintendent.
When a vendor is selected on the basis of factors other than lowest price, the reasons shall be documented and filed with the price quotations. Documentation of the quotations process and details including vendor names, persons contacted, telephone numbers or and identification of other communication procedures, price results, and determinations are to be documented and retained by the District in a procurement file that includes the pertinent requisition form and purchase order.
A written contract or purchase order must be approved prior to a purchase being made.
Cumulative and Like
Item Purchases
An analysis shall be performed annually to determine the extent of the District need to purchase like items. Prior year purchases and applicable demographic, program, and planning data are to be utilized for projecting quantity and cost of like items to fulfill the anticipated need. The outcomes of calculating the projected quantity and cost factors to acquire like items shall inform the determinations as to the appropriate procurement processes to be applied. The proper competitive purchasing strategies must be applied to assure District compliance with the procurement laws and rules. Splitting of orders or other purchasing practices devised to circumvent allowable procurement practices are prohibited. The cumulative costs of purchasing like items by any and all means of acquisition are to be tracked to assure that no purchases are permitted that will result in violation of Governing Board policies and lawful procurement practices.
Multiple Year Purchases Totaling Less
Than One Hundred Thousand Dollars
The District may enter into contracts of less than one hundred thousand dollars ($100,000) for a period up to five (5) years, as follows:
● When A. When the terms and conditions of renewal or extension are included in the solicitation for bids;
● When B. When monies are available for the first fiscal year at the time of contracting;
● When C. When the competitive purchasing method is appropriate to the projected cumulative cost over the term of the of the multiple year contract.
If multiple-year quotations are used, the District shall:
● Document the time period that the pricing is valid;
● Determine the vendor will honor the pricing for the multi-year period;
● Secure and maintain written affirmation with the vendor that, although it is the District's intent to purchase certain quantities, all purchases are subject to the availability of funds.
Multiple Year Purchases Totaling More
Than One Hundred Thousand Dollars
The District may enter into contracts for more than one hundred thousand dollars ($100,000) for a period up to five (5) years, as follows:
● The A. The Governing Board has determined in writing that:
■ The 1. The estimated requirements cover the contract period and are reasonable and continuing;
■ A 2. A multi-term contract will serve the District's best interest by encouraging competition or promoting economies promoting economies in procurement;
■ If 3. If monies are not appropriated or available in future years the contract will be cancelled.
If multiple-year quotations are used, the District shall:
A. Document the time period that the pricing is valid;
B. Determine the vendor will honor the pricing for the multi-year period;
C. Secure and maintain written affirmation with the vendor that, although it is the District's intent to purchase certain quantities, all purchases are subject to the availability of funds.
Multiple Awards to More
Than One Contractor
Generally, the District should not use multiple awards allowing more than one (1) vendor to supply the same goods or service. However, there are instances in which the District may make multiple awards. If that instance arises, the request for proposals or invitation for bids should clearly state whether multiple awards may be used so bidders can consider that information when pricing their proposals or bids.
A multiple award to more than one (1) vendor should be made only when the District has determined and documented in writing that a single award is not advantageous to the District. The award should also be limited to the least number of suppliers necessary to meet the District's requirements.
Bidding Methods
Sealed bids or proposals will be requested when an award is to be made for a transaction to purchase construction, materials, or services costing more than one hundred thousand dollars ($100,000). The District Superintendent must review the expenditure and make a recommendation to the Board for final action. The Board reserves the right to waive any informality in, or reject, any or all bids or any part of any bid. Any bid may be withdrawn prior to the scheduled time for the opening of bids.
The bidder to whom the award is made may be required to enter into a written contract with the District.
Pursuant to the procurement code, A.R.S. 15-213, contracts can be let for a period not to exceed five (5) years, unless the Governing Board determines in writing that a contract of longer duration would be advantageous to the School District.
Definitions
The definition of a term used in this regulation shall be interpreted as being synonymous with the definition of that term listed at R7-2-1001.
Prospective Bidders' Lists
The District shall compile and maintain a prospective bidders' list. Inclusion of the name of a person shall not indicate whether the person is responsible concerning a particular procurement or otherwise capable of successfully performing a District contract.
Persons desiring to be included on the prospective bidders' list shall notify the District. Upon notification, the District shall mail or otherwise provide the person with the District procedures for inclusion on the bidders' list. Within thirty (30) days after receiving the required information, the District shall add the person to the prospective bidders' list unless the District makes a determination that inclusion is not advantageous to the District.
Persons who fail to respond to invitations for bids for two (2) consecutive procurements of similar items may be removed from the applicable bidders' list after mailing a notice to the person. This notice shall not be required if the two (2) invitations for bids which were not responded to both contained the notice that bidders' names may be removed from the bidders' list if they fail to respond to invitations for bids for two (2) consecutive procurements of similar items. Persons may be reinstated upon request.
Prospective bidders lists shall be available for public inspection, unless the District makes a written determination that it is in the best interest of the District that they should be confidential or private and should not be open for inspection pursuant to A.R.S. 39-121.
Competitive Sealed Bidding
If the intended procurement is for construction to cost less than one hundred fifty thousand dollars ($150,000), the rules established for the simplified school construction procurement program described at R7-2-1033 may be followed. In all other cases, adequate public notice of the invitation for bids shall be given as provided in R7-2-1022 or as provided in R7-2-1024, which are outlined below, and shall indicate that any bid protest shall be filed with the District representative, who shall be named therein.
If notice is given pursuant to R7-2-1024, notice also may be given as provided in R7-2-1022. If fewer than five (5) prospective bidders are included on the bidders list, the notice must also be given as provided in R7-2-1022. When the invitation for bids is for the procurement of services other than those described in R7-2-1061 through R7-2-1068 and R7-2-1117 through R7-2-1123, Specified Professional Services, notice also shall be given as provided in R7-2-1022.
In the event there are four (4) or less prospective bidders on the bidders' list, the notice shall include publication in the official newspaper of the county within which the school district is located for two (2) publications which are not less than six (6) nor more than ten (10) days apart. The second publication shall not be less than two (2) weeks before bid opening. The time of publication may be altered if deemed necessary pursuant to R7-2-1024.A.
Invitation for bids shall be issued at least fourteen (14) days before the time and date set for bid opening in the invitation for bids unless a shorter time is deemed necessary for a particular procurement as determined by the school district.
The school district shall mail or otherwise furnish invitation for bids or notices of the availability of invitation for bids to all prospective bidders registered with the school district for the specific material, service or construction being bid.
The time and date at which a bid is called due shall be during regular working hours at a regular place of school business or during a public meeting of the Governing Board at its regular meeting place.
Invitations to bid will be sent to all vendors who have requested to bid or who have applied to be placed on a bid list appropriate to the items being sought.
A bid call relating to "construction projects" must describe the nature of the work to be performed and where complete plans, if necessary, may be obtained. Deposits may be required for plans and specifications in good order. A certified check, cashier's check, or surety bond for ten percent (10%) of the bid must accompany each bid, but will be returned to unsuccessful bidders. The successful bidder must present performance and payment bonds for one hundred percent (100%) of the bid within five (5) working days after notification of the award.
Each sealed bid must be submitted in a sealed envelope, addressed to the District, clearly marked on the outside of the envelope, "Sealed Bid for ________________." The bids shall be opened publicly and read aloud at the time and place stated in the invitation. Proposed ancillary contracts Awards shall be made with reasonable promptness to the lowest responsible, qualified vendor, taking into consideration all factors set forth in policy. Price shall not be the sole factor in making the bid award. When out-of-state bidders are not to pay sales/use tax, the amount of such tax shall not be a consideration in determining the low bidder. All proposed contracts for outside professional services in excess of the amount calculated by the State Board of Education and made applicable for the year in which the transaction will occur, may be reviewed by the attorney for the District prior to entering into the contract. The policies relating to outside professional services apply only to services required by law to be placed on bid, and even those policies may be set aside if a state of emergency is declared. If a state of emergency is declared, a memorandum will be issued justifying such a declaration, which will be filed in the District's records.
The use of bidding, contracting, or purchasing specifications that are in any way proprietary to one (1) supplier, distributor, or manufacturer is prohibited unless no other resource is practical for the protection of the public interest.
The District Board reserves the right to reject any or all bids and to accept the bid that appears to be in the best interest of the District. The District Board reserves the right to waive informalities in any bid or to reject any bid, all bids, or any part of any bid. A bid Any bids may be withdrawn prior to the specified due date and timescheduled time for the opening of the bids. Any bids received after the specified due date and time opening begins shall not be accepted or shall be rejected as late and returned unopened. Opening of bids shall not be delayed to accommodate late bid responses. Submitted bids shall be honored for at least thirty (30) days or as otherwise stated in the solicitationinvitation. All information relating to a bid shall be retained and made available for public inspection after the bids are awarded, and prospective bidders shall be notified of this in the invitation or specifications relating to the bid call.
Multistep Sealed Bidding
The multistep sealed bidding method may be used if the Governing Board determines that:
● Available A. Available specifications or purchase descriptions are not sufficiently complete to permit full competition without technical without technical evaluations and discussions to ensure mutual understanding between each bidder and the District;
● Definite B. Definite criteria exist for evaluation of technical offers;
● More C. More than one (1) technically qualified source is expected to be available; and
● A D. A fixed-price contract will be used.
The District may hold a conference with bidders before submission or at any time during the evaluation of the unpriced technical offers.
The multistep sealed bidding method may not be used for construction contracts.
When the multistep sealed bidding method is determined to be advantageous to the District, the procedures set out in R7-2-1036 and 1037 shall be followed.
Competitive Sealed Proposals
If, pursuant to R7-2-1041, the Governing Board determines in writing that the use of competitive sealed bidding is either not practicable or not advantageous to the District, a contract may be entered into by competitive sealed proposals. The Governing Board may make a class determination that it is either not practicable or not advantageous to the District to procure specified types of materials or services by competitive sealed bidding. The competitive sealed proposal method may not be used for construction contracts. The Governing Board may modify or revoke a class determination at any time.
If competitive sealed bidding is neither practicable or advantageous, competitive sealed proposals may be used if it is necessary to:
● Use A. Use a contract other than a fixed-price type;
● Conduct B. Conduct oral or written discussions with offerors concerning technical and price aspects of their proposals;
● Afford C. Afford offerors an opportunity to revise their proposals;
● Compare D. Compare the different price, quality, and contractual factors of the proposals submitted; or
● Award E. Award a contract in which price is not the determining factor.
Procedures to be applied subsequent to the issuance of an invitation for bids are to be consistent with the requirements set out in R7-2-1025 through 1032.
Competitive sealed proposals shall be solicited through a request for proposals. The request for proposals shall set forth those factors listed above for competitive sealed bids that are applicable and shall also state:
● The A. The type of services required and a description of the work involved;
● The B. The type of contract to be used;
● An C. An estimate of the duration the service will be required;
● That D. That cost or pricing data is required;
● That E. That offerors may designate as proprietary portions of the proposals;
● That F. That discussions may be conducted with offerors who submit proposals determined to be reasonably susceptible reasonably susceptible of being selected for award;
● The G. The minimum information that the proposal shall contain;
● The H. The closing date and time of receipt of proposals; and
● I. The relative importance of price and other evaluation factors.● That procurement
Procurement of information systems and telecommunications systems shall include, as criteria in the request for proposal, evaluation factors of the total life cycle cost and application benefits of the information systems or telecommunication systems.
● That procurementProcurement of earth-moving, material-handling, road maintenance and construction equipment shall include, as criteria in the request for proposal, evaluation factors of the total life cycle cost including residual value of the earth-moving, material-handling, road maintenance and construction equipment.
A request for proposals shall be issued at least fourteen (14) days before the closing date and time for receipt of proposals unless a shorter time is determined necessary by the District.
Notice of the request for proposals shall be issued in accordance with R7-2-1022.
Before submission of initial proposals, amendments to requests for proposals shall be made in accordance with R7-2-1026. After submission of proposals, amendments may be made in accordance with R7-2-1036(C).
Specified Professional Services
and Construction Services
When the procurement of construction services or services to be provided by certain professionals are under consideration, designated District personnel shall become fully familiar with and informed on the requirements established in Arizona Revised Statutes Title 34. The assigned District personnel are to seek assistance from qualified consultants, attorneys, and bond counsel as is necessary and applicable to the projects being considered, including but not limited to determinations of the training, qualifications, experience, fitness, licensure, prior performance, and bonding of potential providers. Procurement activities, including securing the services of persons to assist District personnel as referenced above shall be in accordance with all relevant requirements prescribed by federal and state law and the rules of federal, state, county, and municipal agencies for the acquisition, performance and reporting of the services being sought and acquired.
Procurement of Services by Certain
Other Classes of Providers
The purchase of services to be provided by clergy, certified public accountants, physicians, dentists, and legal counsel shall be as specified in R7-2-1072 1061 through R7-2-1068. The procurement of services by an architect, engineer, land surveyor, assayer, geologist, or landscape architect is to be accomplished in compliance with R7-2-1117 and 1118. Procurement procedures related to purchasing services from the professional providers are to conform to R7-2-1119 through 1122.
Contract Requirements
Care is to be exercised to assure the District's procurement practices conform to the general contract requirements set out at R7-2-1068 through 1086 and the accompanying conditions described in R7-2-1091 through 1093.
Preparation of Specifications
Specifications for goods, services, and construction items are to be prepared in the manner prescribed by rules R7-2-1101 through 1105.
Construction Procurement Procedures
Preparation for inviting bids for construction and the steps to be followed in the construction procurement process shall be guided by and consistent with R7-2-1109 through 1116.
If the District makes the determination that an Alternative Project Delivery Method is in the best interest of the District, request for qualifications and the steps to be followed in the procurement process shall be guided by and consistent with R7-2-1116.
Emergency Purchases
An exception to the above procedures for price competition may be made in the event of an emergency involving the health, safety, or welfare of school personnel or students. In such an emergency, declared by the Superintendent, emergency purchase action may be taken without price competition; however, , if necessary. Even under emergency conditions, price competition should be sought if it will not unacceptably delay the correction of the condition requiring emergency procedures. A written statement shall be prepared documenting the basis for the emergency and the basis for selection of the particular vendor. The statement shall be signed by the Superintendent and filed with the procurement file. At the next scheduled Board meeting, a report, conforming If emergency purchases are made without price competition, a complete written description of the circumstances pursuant to A.A.C. R7-2-1057, will be presented to the Governing Board. All information and documentation regarding the emergency procurement, shall be shall be included in the procurement file and maintained in the District office.
Sole-Source Procurements
A contract may be awarded for a material, service, or construction item without competition if the Governing Board determines in writing that there is only one (1) source for the required material, service, or construction item. The District may require the submission of cost or pricing data in connection with an award pursuant to A.A.C. R7-2-1053. Sole-source procurement shall be avoided, except when no reasonable alternative source exists. A copy of the written evidence and determination of the basis for the sole-source procurement shall be retained in the procurement file by the District.
The District shall, to the extent practicable, negotiate with the single supplier a contract advantageous to the District.
Cooperative Purchasing Agreements
Procurements in accordance with intergovernmental agreements and contracts between the District and other governing bodies as authorized by A.R.S. 15-952 are exempt from competitive bidding requirements under A.R.S. 15-213. Inspection of and payment for materials and services acquired under a cooperative purchasing agreement are the obligation of the District.
Bid Protest
Pursuant to the Arizona Administrative Code R7-2-1141 through R7-2-1153, any interested party may protest a solicitation issued by the School District, the proposed award or the award of a School District contract.
The Director of Procurement and Distribution Services shall serve as the District representative to resolve solicitation protest. Appeals from decisions of the District representative may be made to a hearing officer pursuant to R7-2-1147 and R7-2-1181.
Due Diligence
The District is responsible for ensuring that all procurements are done in accordance with school district procurement rules whether the procurement is done independently or through a cooperative purchasing agreement. The District shall develop and follow a clear plan prescribing the purchasing practices to be followed. The plan will describe the elements of internal control and auditing to assure the District's procedures are sufficient to confirm the adequacy of the procurements practices and that the accountability of all personnel engaged in procurement practices is regularly evaluated and corrective measures taken when necessary. The due diligence activities shall include the use of the applicable sections of the Uniform System of Financial Records (USFR) Compliance Questionnaire for school districts when assessing the quality of the procurements procedures and the competence of the persons performing the procedures. Day-to-day and periodic formal checks of due diligence performance are to be documented and retained in a procurement file.
Delegation of Authority
Pursuant to the Arizona Administrative Code, R7-2-1006, the Superintendent, the Deputy Superintendent, the Chief Financial Officer or the Director of Procurement & Distribution Services are hereby delegated authority to the following:
● Issuance of all written determinations, including but not limited to Disposition of Surplus Materials, Alternative Project Delivery Method, Request for Proposals, Multi-step Bids, Multi-term Contracts, Brand Name or Equal, Brand Name Only, Qualified Products List, Bonding for Non-Construction Bids, Non-Unacceptable or Non-Responsible Offer, Cancellation of Solicitations, Second Best and Final Offer Request, Change Orders, Multi-Award, Receipt of Single Offer, Disclosure of Confidential Information, Cost or Pricing Data, Job Order Contracting Job Orders, Correction to Bid-Offer Mistake After Award of Contract;
● Approval of purchase orders which have met the procurement requirements specified within the Arizona school district procurement rules.
● Award of verbal and written quotations;
● Award of bids;
● Sign procurement agreements on behalf of the District when the agreements fall within the limits of their delegated authority or when the Governing Board has approved the award of the contract.
The Director of Facilities is hereby delegated authority to sign construction and facility contracts which have met the procurement requirements specified within the Arizona school district procurement rules.
This delegation of authority shall be in effect from the data of adoption until such time as the Governing Board may revoke or modify the delegation. This authority may be further delegated by the Superintendent.
EXHIBIT
BIDDING / PURCHASING PROCEDURES
Cancellation of Contracts
Within three (3) years after the execution of any contract made by the District, the District may cancel such contract if any person significantly involved in initiating, negotiating, securing, drafting, or creating the contract on behalf of the District is, at any time while the contract or any extension of the contract is in effect, an employee or agent of any other party to the contract in any capacity or a consultant to any other party of the contract with respect to the subject matter of the contract.
Such cancellation by the District shall be effective when written notice from the Board is received by all other parties to the contract unless the notice specifies a later time.
In addition to the right to cancel a contract, as provided above, the District may recoup any fee or commission paid or due any person significantly involved in initiating, negotiating, securing, drafting, or creating the contract on behalf of the District from any other party to the contract arising as the result of the contract.
Notice of this provision shall be included in every contract to which the District is a party. Such notice could read:
In accordance with A.R.S. 38-511, if a person significantly involved in a District contract becomes an employee, agent, or consultant to any other party of the contract with respect to the subject matter of the contract, the District may cancel the contract within three (3) years of execution and recoup any fee or commission paid to such person.
Fingerprinting Requirements
A contractor, subcontractor or vendor, or any employee of a contractor, subcontractor or vendor, who is contracted to provide services on a regular basis at an individual school shall obtain a valid fingerprint clearance card pursuant to A.R.S. 41-1758 et seq. The Superintendent, or a principal subject to approval by the Superintendent, may exempt from the requirement to obtain a fingerprint clearance card a contractor, subcontractor, or vendor whom the Superintendent or principal has determined is not likely to have independent access or unsupervised contact with students as part of their normal job duties while performing services to the school or to the School District. The exemption shall be given in writing and a copy filed in the District office.
The Superintendent shall develop uniform District criterion for making a determination of whether or not an exemption will be granted.
Required Contract Provisions
Each District contract shall contain the provisions of statute paraphrased below and the Superintendent shall implement procedures to randomly verify the records of contractor and subcontractor employees to ensure compliance with these warranties.
The contract or agreement with each contractor shall contain the warranties indicated below:
● Each A. Each contractor shall warrant compliance with all federal immigration laws and regulations that relate to their employees their employees and that they have verified employment eligibility of each employee through the E-Verify programVerify program. The contractor shall acknowledge that a breach of this warranty shall be deemed a material breach material breach of the contract subject to penalties up to and including termination of the contract.
● The B. The contractor further acknowledges that the School District retains the legal right to inspect the papers of any contractor any contractor or subcontractor employee who works on the contract to ensure compliance by the contractor or subcontractoror subcontractor.
The contractor shall facilitate this right by notice to his employees and supervisors.
Adopted: 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
VENDOR / CONTRACTOR RELATIONS
Federal Immigration and
Nationality Act
On an annual basis, the purchasing department shall randomly select service contracts with contractors to review for certification of contractors' compliance with A.R.S. 41-4401, A.R.S. 23-214, the Federal Immigration and Nationality Act (FINA), and all other federal immigration laws and regulations.
Randomly selected contractors shall be sent a Contractor Employment Record Verification Form and Employee Verification Worksheet that will need to be completed within a specified timeframe and returned to the District. A report of the results of the inquiry shall be maintained by the Purchasing Department.
Fingerprint Requirement
For the purposes of this regulation, "service provider" shall be defined as a contractor, subcontractor, vendor or employee of a contractor, subcontractor or vendor and "services on a regular basis" shall be defined as services provided by a service provider at least five (5) times a month for two (2) or more months during the fiscal year at an individual school. When services are performed on a regular basis at the school site, then a Fingerprint Requirement Compliance Form shall be completed and maintained at each school site.
The Superintendent or the Superintendent's designee may exempt the fingerprint clearance card requirement from a service provider based on their meeting one (1) or both of the following criteria:
● It can be documented, based on the location that services will be performed, that the service provider is not likely to have independent access or unsupervised contact with students as part of their normal job duties while performing services at the individual school.
● It can be documented based on the work/service schedule that the service provider is not likely to have independent access or unsupervised contact with students as part of their normal job duties while performing services to the individual school.
All exemptions shall be fully documented and signed by the Superintendent or the Superintendent's designee. The school or site shall maintain all documentation on the fingerprint requirements as well as send a copy of the documentation to the purchasing department. A District appointed contract liaison shall at random times request contractor and subcontractor employment records. Intermittently and without prior notice, the District appointed liaison to each contractor shall request from the individual contractor and subcontractor employees the information required on the I-9 form. Such information shall be used to verify the employee's right to work status and the contractor and subcontractor compliance with contract warranties. A report of the result of this inquiry shall be made to the Superintendent.
EXHIBIT
VENDOR / CONTRACTOR RELATIONS
FINGERPRINT REQUIREMENT COMPLIANCE FORM
Name of Vendor: _____________________________________________________
Per A.R.S. 15-512 and District policy, all contracted service providers that provide services at least five times a month for two (2) or more months during the fiscal year at an individual school shall obtain a valid fingerprint clearance card or they may be exempt from the requirement as documented per this form.
Section 1 - Exemption not needed; they have a fingerprint card.
|
Section 2 - Exemption needed; they do not have a fingerprint card.
|
Option 1 - Vendor under direct supervision of _______________________, a District Staff member.
Option 2 - Services will be performed at _____________________ (location) and Vendor is not expected to have direct access to students.
Option 3 - Services shall be performed __________________ (time) and students are not expected to be on campus.
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
REGULATION
SALES CALLS AND DEMONSTRATIONS
As delegatedWhen appropriate, the principal may give permission to sales representatives of educational products to see members of the school staff at times that will not interfere with the educational program.
In order to receive appropriate discounts and maintain good vendor relations, the Board directs the prompt payment of salaries and bills, but only after due care has been taken to assure that such amounts represent proper obligations of the District for services and/or materials received.
The Superintendent will implement procedures for the review of purchase invoices to determine that items or services are among those budgeted, itemized goods or services have been satisfactorily supplied, funds are available to cover payment, and invoices are in order and for the contracted amounts.
Adopted: date of 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 Peoria Unified School District No. 11 ________________________ Governing Board on ____________________, 20____.
ATTEST:
____________________________________
President
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 who qualify 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
EXHIBIT
PAYROLL PROCEDURES / SCHEDULES
DEFERRED WAGE PAYMENT ELECTION FORM
By my signature I hereby acknowledge that I have read and understand the School District's policy on deferred wages. Furthermore, by my signature on this form I am electing to defer payment of my wages on an annualized basis consisting of twenty-six (26) payments. I understand that any change from an annualized election of payment requires that I notify the District prior to the beginning of duty for the fiscal year in which the change is being given.
___________________________________ ___________________
Signature Position
___________________________________ ___________________
Printed name Date signed
The District Superintendent shall establish procedures that conform to all requirements of the law and all policies of the District, that ensure employees receive paychecks not later than the stated payroll dates, and that ensure all amounts withheld from employee compensation are remitted and reported appropriately, correctly, and timely.
Involuntary Deductions
(Public Record)
Federal and Arizona income taxes, Social Security (OASI/FICA), and employee contributions to the Arizona State Retirement System (ASRS) will be deducted as mandated by state and federal statutes. All other deductions must be authorized by the Board and the employee unless ordered by a court of competent jurisdiction.
Voluntary
Deductions and
Deductions and Redirections
(Not Public Record)
The following deductions and redirections have been authorized by the Board:
● Insurance A. Insurance premiums for staff members or dependents who are being covered under Board-approved Section 125 Section 125 cafeteria programs.
● Direct B. Direct deposits of net payroll with financial institutions.
● TaxC. Tax-sheltered annuities for companies approved by the District.
● Credit D. Credit union deposits.
● UE. U.S. Savings Bonds.
● Professional F. Professional dues.
● Contributions G. Contributions to qualified charitable organizations.
● Contributions to school tuition organizations.
● Contributions H. Contributions to a public school for the support of extracurricular activities or character education programs of the of the public school.
Adopted: June 13, 2013 <-- 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
Uniform System of Financial RecordsUSFR: VI.I.
CROSS REF.:
EEB - Business and Personnel Transportation Services
Monies collected by school employees and by student treasurers shall be handled in accordance with prudent business procedures as outlined by the 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 effect 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: September 22, 2011 <-- 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
USFR Sec. 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
REGULATION
SCHOOL PROPERTIES DISPOSITION
All employees of the District shall utilize the following procedures when property of the District is, in their opinion, obsolete or worn out and requires replacement or disposal:
● Any employee who wishes replacement or disposal of District property shall first discuss the matter with the building principal or site administrator.
● If the building principal or site administrator concurs that the property is, indeed, obsolete or in unsatisfactory condition for further use in the District, the employee should obtain from the portal, a Request to Dispose of Capital Property Form and complete the form in its entirety and submit the form to the building principal or site administrator for approval.
● Upon approval and signature, the form should be immediately transmitted to the capital assets accountant at the District administration office.
● The capital assets accountant will review the property control records for determination of book value, if any, as well as determine the appropriate means of disposal. All disposal methods will be in accordance with the Arizona Administrative Code R7-2-1131 and A.R.S. 15-342.
EXHIBIT
SCHOOL PROPERTIES DISPOSITION
PEORIA UNIFIED SCHOOL DISTRICT NO. 11
REQUEST TO DISPOSE OF CAPITAL PROPERTY FORM
School/Location _____________________________________________________
Department _________________________________________________________
Bldg./Room No. ______________________________________________________
|
Property Condition:
◻ Working ◻ Broken (If yes, please describe damage in space below)
◻ Obsolete Technology
Additional Comments Regarding Disposition Request: _____________________
_________________________________________________________________________
Employee Initiating Disposal Request
Printed Name: __________________________ Position: __________________
Signature: ______________________________ Date: ____________________
_______________________________________________
Disposal Request Approval
Printed Name: ___________________________
Building Principal/Site Administrator
Signature: ______________________________ Date: ____________________
In order to provide services that are supportive of the educational program, the Board establishes these broad goals:
● To A. To provide a physical environment for teaching and learning that is safe and pleasant for students, staff membersstaff members, and the public.
● To B. To provide safe transportation for students who ride the school bus to and from school.
● To C. To provide services, resources, and assistance responsive to the needs of the students and 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 directorsupervisor:
● Maintain A. Maintain an overall safety program in maintenance and operation of buildings and grounds.
● Provide B. Provide specialized assistance as requested by school principal.
● Coordinate C. Coordinate with the District Indoor Air Quality Coordinator who will :
■ Monitormonitor indoor air quality.
■ DocumentD. Document District responses to the biennial information on improving and maintaining the indoor air
qualityquality (IAQ) in school buildings, which is required by A.R.S. 15-2002(A)(14) to be distributed to school districts
by theby the School Facilities Board.
Responsibilities of the school principals:
● Schedule A. Schedule regular inspections.
● Post B. Post required state and federal safety regulations and maintain appropriate safety records.
● Arrange C. Arrange for the correction of defects reported to them by employees in the building by requesting assistance from assistance from the maintenance department.
● Cooperate D. Cooperate in the correction of defects reported by the maintenance department or other school administrators.
● Implement E. Implement procedures to monitor and maintain safe indoor air quality.
Responsibilities of the transportation supervisor:
● Maintain A. Maintain standards for certification of school bus drivers.
● Maintain B. Maintain standards for periodic inspection and maintenance of school buses.
● Maintain C. Maintain standards for school bus operation and idling procedures for gasoline, diesel, and alternative fuel engines fuel engines which minimize air pollution by buses.
Responsibilities of other employees:
● Report A. Report promptly to the principal of the school or immediate supervisor any events or situations which may cause may cause increased air pollution within the school or on the campus and any defects in buildings, grounds, or equipment or equipment that might prove injurious to the safety, health, or comfort of students, employees, or other personsother persons.
● Take B. Take reasonable precaution for the safe use of buildings, grounds, and equipment by students.
Responsibilities of students:
● Avoid A. Avoid the following behaviors:
■ Setting 1. Setting off a false fire alarm.
■ Misusing 2. Misusing the fire alarm system, fire extinguishers, or other fire protection and safety equipment.
■ Setting 3. Setting a fire in the building or on the school grounds.
■ Taking 4. Taking any action or creating any situation which either directly or indirectly affects indoor air quality in an in an adverse manner.
● Report B. Report promptly to the principal of the school or other appropriate school employee any defects in buildings, grounds grounds, indoor air quality, or equipment that might prove injurious to the safety, health, or comfort of employeesof employees, students, or other persons.
Responsibilities of other individuals utilizing school buildings:
● Refrain A. Refrain from abusing safety equipment, such as fire extinguishers, alarm systems, et cetera.
● Report B. Report promptly to the Superintendent or another school employee any defects in buildings, grounds, indoor air indoor air quality, or equipment that might prove injurious to the safety, health, or comfort of students, employees, or other or other persons.
(Pesticide Application Notice)
The intent of this policy is to ensure that students, employees, and parents/guardians receive adequate notice prior to pesticide application.
In accord with A.R.S. 15-152, the District shall:
● Provide A. Provide notice of pesticide application during a regular school session to students, employees, and parentsand parents/guardians, given in a form reasonably calculated to provide a warning at least forty-eight (48) hours prior hours prior to such application.
● Provide continuing instruction for students absenting themselves.
● Post the areas scheduled to receive pesticide application.
● Maintain written records of pesticide applicationB. Provide for oral notification to pupils and employees during the regular school session.
C. Provide written, electronic or telephonic notification to parents or guardians at least forty-eight (48) hours prior to the application of pesticides.
Pest-control applicator(s) employed by the District shall provide the school contact person with notice at least seventy-two (72) hours prior to the date and time the application of pesticides is to occur, including in such notice the brand name, concentration, rate of application, pesticide label, material safety data sheet, the area or areas where the pesticide is to be applied, and any use restrictions required by the pesticide label. Prior to the application, the applicator shall provide the school contact person with a written preapplication notification containing the following information:
● The A. The brand name, concentration, rate of application, and any use restrictions required by the label of the herbicide the herbicide or specific pesticide.
● The B. The area or areas where the pesticide is to be applied.
● The C. The date and time the application is to occur.
● The D. The pesticide label and the material safety data sheet.
In case of pesticide applications performed for or by public health agencies or emergency applications because of immediate threat to the public health, the licensed applicator shall give the school 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: November 12, 2013 <-- 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 WARNING SYSTEMS
(Pesticide Application Notice)
The site school administrator shall be the contact person for providing information regarding pesticide application activities at the school, including but not limited to giving oral and written notification, supervising the posting of notifications as required, and maintaining records of pesticide-application notifications.
Oral and Written Notice
All oral and written notification shall contain, at a minimum, the date, time, general areas to be treated, and brand name of the pesticide to be applied. During the regular school session, and not less than forty-eight (48) hours prior to pesticide application, notification shall be provided in the manner indicated below.
● Oral A. Oral notification to all students and school employees shall be provided by means of:
■ School 1. School public address systems; or
■ Assembly 2. Assembly communications; or
■ Staff 3. Staff meeting announcements; or
■ Any 4. Any similar means reasonably calculated to provide sufficient notice in advance of pesticide application.
● Written B. Written notification to the parents or guardians of enrolled students shall be provided by means of:
■ Weekly 1. Weekly school lunch menus; or
■ Special 2. Special communications; or■ Newsletters
3. Newsletters; or
■ Any 4. Any similar means reasonably calculated to provide sufficient notice in advance of pesticide application.
Posting of Notice
No less than forty-eight (48) hours prior to pesticide application, signs measuring at least eight and one half inches by eleven inches (8 1/2" x 11") shall be posted to identify pesticide application areas. The signs shall display:
● The A. The words "warning - pesticides."
● The B. The registration number issued by the United States Environmental Protection Agency.
● The C. The date and time of the application.
● A D. A phone number for the school contact person and one (1) for the licensed pesticide applicator.
The signs shall be placed at:
● The A. The main entrance to all buildings where pesticide is to be applied.
● Playing B. Playing fields where pesticide is to be applied.
The signs may be removed no less than forty-eight (48) hours after the pesticide is applied.
CROSS REF.:
IKEA - Make Up Opportunities
Adequate and prompt accident reporting is essential if similar accidents are to be prevented. If there are injuries or property damage, prompt reports are also vital in assuring the District of insurance coverage.
Reports will be filed on accidents that take place on school property or that involve school vehicles, students, or staff members on school-sponsored trips, including staff members on authorized school business trips. Such reports are required whether or not there are any immediately evident injuries or damage to property.
Any employee of the District who suffers a job-related injury/accident must file a report with the District business office within five (5) days after the date of occurrence. Should circumstances render the individual unable to submit such a report within five (5) days, the time limit may be extended.
Injury accidents should be promptly reported to the District's liability carrier determined by the conditions established by 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: November 12, 2013 <-- 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 school principal to the Superintendent not later than noon of the school day following the incident. The insurance carrier shall be notified as appropriate.
After reviewing each accident report, the Superintendent will forward the report to the school nurse, who will maintain a file of accident reports.
EXHIBIT
ACCIDENT REPORTS
STUDENT ACCIDENT REPORT
School ___________________________ Date of report _______________
School address __________________________________________________
Name _________________________________________________________
Sex: ◻ Male ◻ Female Grade ______ Date of Birth _______________
Home address __________________________________________________
Phone __________________________ Teacher _____________________
E-mail address __________________________________________________
Time of accident: Hour __________ ◻ a.m. ◻ p.m. Date ________________
Place of accident: ◻ School building ◻ School grounds ◻ To or from school
◻ Interscholastic athletics
Witness name _________________ Address _________________________
Phone number ________________ Title/Position _____________________
_______________________________________________________________
Description of Accident:
What occurred and how did it occur? Using quotation marks appropriately, what did the student state? Where was the student?
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
____________________________
Signature of person reporting
_______________________________________________________________
Was the parent or other individual notified? ◻ No ◻ Yes When? __________
Name of individual notified ____________________ How? ______________
By whom? _____________________________________________________
First aid treatment __________________ By whom?____________________
◻ Called 911; Sent to: ◻ Home ◻ Physician ◻ Class ◻__________ Hospital
How was student transported? ______________________________________
◻ District office notified. Time _________ By whom? __________________
_______________________________________________________________
Location ◻ Athletic field ◻ Playground ◻ Classroom ◻ Corridor
of ◻ Cafeteria ◻ Dressing room ◻ Gymnasium ◻ Home ec.
accident: ◻ Bus ◻ Science lab ◻ Rest room ◻ School grounds
◻ Shop ◻ Showers ◻ Stairs ◻ Bus stop ◻ Other: _______
Follow-up:
Report to law enforcement agency or fire department? ◻ Yes Yes ◻ No
Agency/Dept. _____________________ Date of Report: _______________
Officer ID Number ________________ D.R./I.R. # _____________________
Agency/Dept. Response ___________________________________________
_______________________________________________________________
Other __________________________________________________________
_______________________________________________________________
Total number of days absent: _______ Nature of injury: ◻ Abrasion
◻ Amputation ◻ Animal bite ◻ Avulsed tooth ◻ Fracture
◻ Human bite ◻ Laceration ◻ Puncture ◻ Scratches ◻ Sprain
◻ Strain ◻ Other: _______________________________________________
Part of body injured: ◻ Ankle ◻ Arm ◻ Back ◻ Clavicle ◻ Elbow
◻ Eye ◻ Face ◻ Finger ◻ Foot ◻ Hand ◻ Head ◻ Knee ◻ Leg
◻ Nose ◻ Scalp ◻ Toe ◻ Tooth ◻ Wrist ◻ Other: ____________________
_______________________ _______ ____________________ _______
Superintendent's signature Date H/A or Nurse signature Date
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 incident report form is to be completed by an administrator at the site.
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 front office or the nurse's office.
Any special health concern should be reported to the nurse.
A written report of an accident shall be made by the school principal to the kindergarten (K) through grade twelve (12) administrator not later than noon of the school day following the incident. The insurance carrier shall be notified as appropriate.
After reviewing each incident report, the kindergarten (K) through grade twelve (12) administrator will forward the report to the Superintendent and liabilities technician. The file of incident reports is maintained at the District level by kindergarten (K) through grade twelve (12) administration.
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 responders law enforcement, fire, medical and hospital authorities as necessary. Training components for staff and students shall be included in the Superintendent's emergency 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 also designate specific emergency drills to be conducted. Periodically, local Local responders shall periodically be invited to review the plan(s).
Emergency plans developed by the Superintendent will be made available presented annually to the Board.
Adopted: November 12, 2013 <-- z2AdoptionDate -->
REGULATION
EMERGENCIES
The Superintendent will designate a District administrator as the Safety Officer for the District. Safety programs will be planned, facility inspections conducted, information services provided, and recommendations advanced. The recommendations will advance safety in the District. The Safety Officer of the District will submit a report annually to the Superintendent and to the Governing Board.
Each principal or other appropriate unit administrator will develop emergency plans for fire or other threats. Such plans will be submitted by September of each year. These plans will provide for:
● Inside emergencies, such as a fire, actual or potential explosion, propane leak, or collapsing structure.
● Outside emergencies, such as a fallen electrical wire, plane crash on campus or nearby, sniper, or earthquake.
The plans will specify the conditions under which evacuation of the building will occur (and the procedures therefore). The plans will also designate specific emergency drills to be conducted. A diagram of the school floor plan will be posted in each room showing emergency exits to be used.
Each school principal and site supervisor will follow the district�s Emergency Preparedness Plan when dealing with emergencies
The Emergency Preparedness Plan will be reviewed annually by the administration and presented to the Governing Board. It is the responsibility of the district�s Director of Food and Nutrition to provide for emergency water and food supplies at each school site. In conjunction with site administration, the Director of Food and Nutrition will replenish and replace these supplies as needed.
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.
Governing Board members will be informed within two (2) hours of any closure.
Make-up days will be scheduled as necessary to ensure that all schools meet at least the minimum number of days required by statute. The Governing Board will designate a schedule for make-up classes.
Adopted: date of Manual adoption
Adopted: <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-341
REGULATION
EMERGENCIES
(Emergency Drills)
Emergency drills will be scheduled and conducted each month during the school year. The purpose of a drill is to train students, under staff direction, to move safely, quickly, and quietly from any location within the building to an assigned evacuation area outside.
The following rules and procedures will be complied with in all schools:
● Evacuation routes will be posted in each room. These routes will indicate the primary and alternate exits and the evacuation area to which the student should proceed upon leaving the building. During the first week of the school year, rules for emergency evacuation will be discussed with each class using the room.
● A distinct alarm signal will be used for emergency drills only; another signal will be established by the principal for return to class.
● No student or staff member is to remain in the building during emergency drills.
● All persons should exit according to their posted evacuation routes and proceed to assigned locations a safe distance away from the building.
● It is each student's responsibility to move quickly, quietly, and in an orderly manner through the assigned exit to the assigned evacuation area.
● The teacher will be responsible for:
■ Seeing that windows and doors are closed with doors unlocked.
■ Assuring that electrical equipment and gas jets are turned off.
■ Maintaining order during the evacuation.
■ Taking the grade book and checking roll when the class is in the assigned evacuation area. The name of any student not accounted for will be reported immediately to the site administrator, who shall promptly notify the appropriate District administrator.
● A report stating the date and time that the drill was conducted, and the time required to complete the evacuation will be made. A copy of this report will be sent to the appropriate district administrator
REGULATION
WEATHER - RELATED AND
EMERGENCY CLOSINGS
Delayed Opening
If the Superintendent decides to delay the opening of school, the police and the local broadcast media will be notified by the District Public Relations department, requesting that they assist in disseminating the information.
All staff members will report to their assigned schools to assist in the supervision of students.
School Closing
If the Superintendent decides to cancel classes for the day, the police and local broadcast media will be notified by the District Public Relations department and asked to assist in disseminating the information.
Early Dismissal
If the Superintendent decides to dismiss school early, the procedure shown below will be followed for early dismissal of students:
● Students A. Students will be released from school only after the principal has ascertained that appropriate notice has been has been given to parents or guardians. Staff members may be released by the principal when they are no longer needed no longer needed to supervise students.
● The B. The principal will remain at the school until all students have departed.
REGULATION
EMERGENCIES
(First Aid)
If a student is injured or becomes ill during the school day or while attending a school-sponsored activity, it is the responsibility of any staff member present to render assistance and to summon a school nurse/nurse aide. Upon arrival, the school nurse/nurse aide will direct all further first aid activities.
First aid procedures shall be based on the following fundamental concepts:
● The school is responsible for the emergency handling of accidents and sudden illness occurring at school or on school property. The school is not responsible for subsequent treatment.
● At the time of an emergency, the school has the responsibility for:
■ Caring for the student.
■ Notifying the student's parents or guardian, or, if these cannot be reached, following directions given on the student's enrollment card.
■ In extreme cases, getting the student under professional care with or without family permission.
● In the absence of family transportation or ambulance service, an authorized District employee may have to take the sick or injured student home, to the physician's office, or to the hospital. A sick or injured student should be accompanied from the school by an adult. If the destination is the student's home, the adult shall have ascertained that a responsible person is at home to assume responsibility.
● In case of any serious injury or illness, the parent or responsible person should always be notified as soon as possible. Emergency care of the student has priority.
● Medication administered by any school personnel, including the nurse/nurse aide, shall be in compliance with JLCD and JLCD-R.
● A written report of an accident shall be made by the school principal to the Superintendent not later than noon of the school day following the incident.
CROSS REF.:
JLCD - Administering Medicines to Students
The Superintendent will develop plans and procedures that will:
● Enhance A. Enhance the security of District property.
● Minimize B. Minimize fire hazards.
● Provide C. Provide for the keeping of records and funds in a safe place.
● Protect D. Protect against vandalism and burglary.
● Provide E. Provide for the prosecution of vandals.
● Provide F. Provide for and encourage employee responsibility for furniture, textbooks, reference material, and other District other District materials, equipment, and supplies assigned to the employee's care.
Adopted: date of Manual adoption <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
13-3715
REGULATION
SECURITY
Access to school buildings and grounds will be established by the Superintendent in accordance with the following:
● A. Unlimited access - the Superintendent, assistant superintendent, administrators for and select maintenance and technology personnel.● business manager, and maintenance supervisor.
B. Limited access - school principals, assistant principals, teachers, custodians to their assigned buildings, and extracurricular and extracurricular sponsors, counselors, and supervisors for their respective areas or activities.
Possession of keys shall be in accordance with the following principles:
● A. A log of key assignments shall be maintained by the office of the Superintendent or other designated office.
● Unassigned B. Unassigned duplicate keys shall be maintained in a safe or a secured box.
● Individuals C. Individuals assigned keys may not duplicate or loan them.
● All D. All keys must be surrendered when no longer needed or upon request by the Superintendent.
● The E. The loss of a key must be reported to the Superintendent upon discovery of the loss, and the employee may be may be required to pay for rekeying or replacing all affected locks.
● Use F. Use of keys for unauthorized purposes will be cause for surrender of keys. Employees will be subject to discipline to discipline and/or dismissal for unauthorized use of keys.
● A G. A set of master keys and/or duplicates of keys shall be kept in the custody of the Superintendent.
● The H. The employee will sign a receipt for keys assigned. The receipt will list the applicable rules.
EXHIBIT
SECURITY
Any person who, for oneself or for another, misuses a key to any building or other area owned, operated, or controlled by the District without authorization from the Governing Board/Superintendent is guilty of a Class 3 misdemeanor. Misuse of such a key, in this regard, includes:
● Manufacturing A. Manufacturing or causing the manufacture of a District key.
● Duplicating B. Duplicating or causing the duplication of a District key.
● Possessing C. Possessing a District key.● Using
D. Using a District key.
● Permitting E. Permitting the use of a District key.
Employees and students who are in violation of the above are subject to disciplinary action.
The Superintendent is authorized to sign a criminal complaint and to press charges against perpetrators of vandalism against school property.
Students who destroy school property through vandalism or arson, or who create a hazard to the safety of other people on school property, may be referred to law enforcement authorities. Such students who are caught vandalizing school property shall be subject to disciplinary action, including but not limited to suspension and expulsion. A conference with the student's parents will be required.
Parents and students shall be made aware that the law provides that parents are liable for the willful destruction of property by a minor in their custody or control.
The District may file suit to recover the cost of vandalism from the student and/or parent(s).
Adopted: date of Manual adoption <-- z2AdoptionDate -->
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.
All District employees, including certificated and support staff substitutes, will be provided picture identification badges. Employees and substitutes will wear their badges to assure easy identification while at work. All visitors to any school facility must wear a visitor identification badge at all times.
It is the responsibility of each site administrator to ensure that this policy is followed. Staff who fail to follow this policy are subject to disciplinary action.
High School Student
Identification Badge
Each high school student will be provided an identification badge. Students are required to have that identification badge clearly visible while at school except when a participant in a school event. Students who fail to follow this policy are subject to disciplinary action.
Adopted: date of Manual adoption
(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 or of services recommended by the manufacturer of the specific building systems system or equipment.
The Superintendent shall oversee the development and implementation of routine preventative maintenance guidelines covering the District's:
● plumbing A. plumbing systems,● electrical
B. electrical systems,
● heatingC. heating, ventilation and air conditioning systems,
● special D. special equipment and other systems, and
● roofing E. roofing systems, including visual inspections performed by District personnel to search for signs of structural stress structural stress and weakness.
A roofing inspection is required to be:
● Accomplished A. Accomplished prior to any repair or replacement of roof elements or roof mounted equipment performed in accordance in accordance with the requirements of the local building official requiring a permit.
● Conducted B. Conducted by a registered structural engineer or other professional with appropriate skills, training and certificationand certification.
District preventive facilities maintenance guidelines shall be submitted to the School Facilities Board for review and approval.
Adopted: October 14, 2014 <-- 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
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
MAINTENANCE AND CONTROL
OF MATERIALS AND EQUIPMENT
Surplus Equipment
Property that is surplus at any unit shall be transferred to the business office manager for reassignment to other District locations where a need may exist for the equipment.
Transfer of Equipment
All transfer of property within a school or other District location must first have the approval of the principal or department head. Transfers of equipment from one school to another must be approved by the business officemanager, whether the transfer is temporary or permanent.
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:
● TheA. The District shall not incur any expense due to the use of materials or equipment.
● TheB. The Superintendent shall establish procedures for approval of the use of materials or equipment, or
shall submitshall submit requests to the Governing Board for review and action.
● TheC. The District shall not be in competition with any local business firm that could provide like equipment.
● RentalD. Rental fees will be charged or waived, as appropriate, by the District. Income from charges will be
deposited todeposited to the civic center fund.
● AnyE. Any person or agency using such materials or equipment that is lost or damaged during such period of
use shalluse shall be required to reimburse the District for repair or replacement.
Adopted: date of 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
The Board authorizes the administration to provide regular school bus transportation to and from school for the following categories:
● StudentsA. Students with disabilities who require transportation, as indicated in their respective individual
education programseducation programs.
● StudentsB. Students living within a one (1) mile radius of the school where hazardous or difficult routes exist and
where otherwhere other arrangements cannot be provided.
● StudentsC. Students who are residents within a school attendance area and:
■ If1. If common school students, live more than one (1) mile from the school.
■ If common school students, living within one (1) mile of the school but must cross a major street without a crossing guard.
■ If
2. If high school students, live more than a mile and a half (1 1/2) from the school.
● TransportationD. Transportation for pupils who do not reside within an established school attendance area, limited to
no moreno more than twenty (20) miles each way to and from the school of attendance or to and from a pickup
pointpoint on
aa regular transportation route or for the total miles traveled each day to an adjacent school for
eligible nonresidenteligible nonresident pupils who meet the economic eligibility requirements established under the National
School Lunch andSchool Lunch and Child Nutrition Acts (42 United States Code sections 1751 through 1785) for free or reduced-
priceprice lunches.
● TransportationE. Transportation for homeless students to their school of enrollment, if it is the school of origin, will be
arranged asarranged as needed by the school liaison for homeless students.
● All other students are considered ineligible for transportation to and from school. Ineligible students may ride on a space available basis with approval from the Superintendent.
● Nondistrict students or adults are not permitted on school buses on regular routes without approval from the Superintendent.
Adopted: date of Manual adoptionAdopted: <-- 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
EXHIBIT
BUS SAFETY PROGRAM
This checklist may be used by District officials as a guide for transportation documents or transportation handbooks.
Arriving at pickup point:
A. Be on time. Leave home in good time so that you will arrive at the pickup point before the school bus.
B. If you have to walk along the road to reach the bus stop, walk on the left side facing oncoming traffic.
C. Walk on the shoulder of the road where possible, and not on the traveled portion.
D. If other students are waiting at the bus stop, get in line without pushing or crowding and stay off the roadway.
Board the bus:
A. Line up in single file parallel to the roadway, with younger students in front, so they can board first.
B. Wait until the bus comes to a complete stop before attempting to get on board.
C. Board the bus quickly but without crowding or pushing.
D. Never run on the bus, as the steps or floor may be slippery, especially in wintertime. Place your foot squarely on the step, not on the edge, and use the handrail.
E. Be particularly careful if you are carrying books or parcels, as it is difficult to see the steps and to hold the handrail.
F. Go directly to your seat and sit straight, well to the back of the seat, and face the front of the bus.
Conduct on the bus:
A. The bus will not move until all passengers are seated.
B. Remain seated throughout the trip, and leave your seat only when the bus has reached its destination and comes to a complete stop.
C. Keep your books and parcels on your lap or put them under the seat or on the luggage rack.
D. Keep the aisle clear.
E. Do not talk to the driver except in case of emergency.
F. Avoid doing anything that might disturb or interfere with the driver. Refrain from loud or boisterous talking or yelling.
G. Never stick hands, arms, head, or feet out of the windows of the bus.
H. Do not open windows without the driver's permission.
I. Do not throw anything within the bus or out of a window; you might injure a pedestrian or force a motorist to make a dangerous maneuver.
J. Do not touch the emergency door or exit controls or any of the bus safety equipment.
K. Do not discard refuse in the bus.
L. Eat at home or school, but not on the bus.
M. Obey promptly the directions and instructions of the school bus driver.
Prohibited items:
A. Tobacco is not allowed in a school bus.
B. Alcoholic beverages shall not be carried in a school bus.
C. Insects, reptiles, or other animals shall not be transported in a school bus. [A.A.C. R17-9-104]
D. No weapon, explosive device, harmful drug, or chemical shall be transported in a school bus.
Exit from the bus:
A. Remain seated until the bus has reached its destination and comes to a complete stop.
B. Do not push or crowd when leaving the bus.
Crossing the highway:
A. If you must cross the road, walk to a point about ten (10) feet in front of bus but do not cross until you can see that the driver has indicated that it is safe to do so.
B. As you cross the road, look continuously to the right and left. At an intersection, look in all directions.
C. Cross at right angles. Never cross the highway diagonally.
D. Walk briskly across the road, but do not run.
E. Never cross the road behind the bus.
Accident or other emergency:
A. In case of an accident or emergency, older students should help the driver to maintain order and assist younger students.
B. Stay in the bus unless otherwise directed by the driver.
C. If you have to leave the bus, stay in a group and obey the driver's instructions.
D. Do not expose yourself or others to needless hazard.
Procedures followed upon student misbehavior on school bus:
A. When a student misbehaves on a bus for the first time, the driver will explain to the offender the necessity for good behavior.
B. If, after talks and warning, the rider continues to violate the rules, the driver will inform the student that the rule violation will be reported to the principal. This report will include the use of a written form that lists the offense and the action taken by the principal.
C. Upon receiving the complaint and discussing it with the driver, the principal will then call the student to the office and warn the student that the parents must be notified that the student will be put off the bus if misbehavior reoccurs.
D. If poor conduct continues, the driver will again report the incident to the principal. After discussion it will be decided whether to take the bus-riding privilege away from the student, and, if so, for how long.
E. When a student is not allowed transportation by school bus, the principal will inform the parents of the penalty, the reason for it, and how long the penalty will last. In such cases, the parents become responsible for seeing that their child gets to and from school safely.
F. A student who is put off one (1) bus will be refused transportation by all drivers for the specified period of time.
(This section on student misbehavior shall be made available to parents and students in copy form.)
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)
EXHIBIT
BUS SAFETY PROGRAM
SCHOOL BUS INCIDENT REPORT
___________________________________________________________
Bus No. Driver's Name Date
___________________________________________________________
Type of Incident
___________________________________________________________
Student's Name
Incident:
◻ Failure to remain seated ◻ Throwing objects on bus
◻ Refusing to obey driver ◻ Hanging out of window
◻ Fighting ◻ Spitting
◻ Profanity ◻ Disobeying bus monitor
◻ Lighting matches ◻ Bothering others (see comment)
◻ Smoking on bus ◻ Vandalism
◻ Throwing objects out of bus ◻ Other (see comment)
Comments: _________________________________________________
___________________________________________________________
___________________________________________________________
Signature: __________________________________________________
Action taken by school: ________________________________________
___________________________________________________________
___________________________________________________________
____________________________________
Signature of School Official
REGULATION
BUS SAFETY PROGRAM
A.A.C. R17-9-104 states, with respect to the authority of bus drivers, "Passengers shall comply with all instructions given to them by a school bus driver. A passenger or nonpassenger who has boarded the school bus and refuses to comply with the school bus driver's instructions may be surrendered into the custody of a person who is authorized by the school to assume responsibility for the passenger or nonpassenger."
Student behavior on a school bus should be the same as that in a well-ordered classroom with the exception that students are free to talk, but with no screaming or shouting.
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.:
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 (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:
● Reporting A. Reporting for duty or remaining on duty to perform safety-sensitive functions as defined in 49 CFR 382.107 while 107 while having an alcohol concentration of greater than 0.00. ● Being 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 of medicines containing alcohol (prescription or over-the-counter), unless the packaging seal is unbroken. [49 CFR 382.204]
● Using C. Using alcohol while performing safety-sensitive functions. [49 CFR 382.205]
● Performing D. Performing safety-sensitive functions within eight (8) hours after using alcohol. [49 CFR 382.207 and R17and R17-9-102]
● Using E. Using alcohol within eight (8) hours following an accident or prior to undergoing a postaccident alcohol test, whichever whichever comes first. [49 CFR 382.299]
● Refusing F. Refusing to submit to an alcohol or controlled substance test as required under postaccident, random, reasonable reasonable suspicion or follow-up testing requirements in DOT rules. [49 CFR 382.211]
● Reporting G. Reporting for duty or remaining on duty, requiring the performance of safety-sensitive functions, when the driver the driver uses any controlled substance, except when the use is pursuant to the instructions of a physician who has who has advised the driver that the substance does not adversely affect the driver's ability to safely operate a commercial operate a commercial motor vehicle. [49 CFR 382.213]
● Reporting H. Reporting for duty, remaining on duty, or performing a safety-sensitive function if the driver tests positive for controlled for controlled substances. [49 CFR 382.215]
A driver will inform the supervising administrator of any therapeutic drug use. [49 CFR 382.213]
Drugs as used in this policy refers to controlled substances as covered by the Omnibus Act and to drugs circumscribed by the Arizona Revised Statutes, Title 13, Chapter 34.
All drivers shall be subject to preemployment/preduty drug and alcohol testing, including reasonable suspicion, random, and postaccident testing in accord with the regulations of the Omnibus Act. If applicable, return to duty and follow up testing shall be required in accord with regulations of the Omnibus Act. [49 CFR 382.301 et seq.]
All offers of employment with the District for drivers will be made contingent upon preemployment test results. An applicant testing positive for alcohol or controlled substances will not be employed. [49 CFR 382.505]
A transportation employee who refuses to submit to drug and alcohol testing or whose test results are positive may be disciplined in accordance with District policy up to and including being terminated from employment. [A.R.S. 15-513]
Each driver who engages in the conduct prohibited herein shall:
● Be A. Be advised of resources available to the driver in evaluating and resolving problems associated with drug or alcohol or alcohol use, including the names, addresses, and telephone numbers of substance abuse professionals and counseling and counseling and treatment programs.
● Be B. Be evaluated by a substance abuse professional, who shall determine what assistance, if any, the employee needs employee needs to resolve drug or alcohol problems.
● Before C. Before return to duty in a safety-sensitive position, undergo a return-to-duty alcohol test with a result indicating less indicating less than 0.02 or a substance test with a verified negative result.
● If D. If identified as needing assistance by a substance abuse professional, be evaluated by a substance abuse professional abuse professional to determine if that driver has properly followed any rehabilitation program prescribed, and be subject be subject to unannounced follow-up tests following return to duty in accord with federal regulations. [49 CFR 382.605]
The District shall assume the cost for the initial evaluation by a substance abuse professional to determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse and controlled substances use. Evaluation and rehabilitation of the employee, if the employee is allowed to return to work in any position, shall be in accordance with 49 CFR 382.605 and by a substance abuse professional paid by the employee.
The School District shall assume the costs of the drug and alcohol testing of a transportation employee. If the results of the test are positive, the School District may charge the cost costs of the test to the tested employee. The cost charged to the employee is limited to the actual cost costs incurred as a result of testing. If the results of a test are negative, the School District shall not charge the cost 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: March 8, 2012 <-- 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
EXHIBIT
BUS SAFETY PROGRAM
This checklist may be used by District officials as a guide for transportation documents or transportation handbooks.
Arriving at pickup point:
● Be on time. Leave home in good time so that you will arrive at the pickup point five (5) minutes prior to the school bus arriving.
● If you have to walk along the road to reach the bus stop, walk on the left side facing oncoming traffic.
● Walk on the shoulder of the road where possible, and not on the traveled portion.
● If other students are waiting at the bus stop, get in line without pushing or crowding and stay off the roadway.
Board the bus:
● Line up in single file parallel to the roadway, in an organized, efficient and safe manner.
● Wait until the bus comes to a complete stop before attempting to get on board. Wait until the doors open before starting to enter the bus.
● Board the bus quickly but without crowding or pushing.
● Never run on the bus, as the steps or floor may be slippery, especially in wintertime. Place your foot squarely on the step, not on the edge, and use the handrail.
● Be particularly careful if you are carrying books or parcels, as it is difficult to see the steps and to hold the handrail.
● Go directly to your seat and sit straight, well to the back of the seat, and face the front of the bus.
Conduct on the bus:
● The bus will not move until all passengers are seated.
● Remain seated throughout the trip, and leave your seat only when the bus has reached its destination and comes to a complete stop.
● Keep your books and parcels on your lap.
● Keep the aisle clear.
● Avoid doing anything that might disturb or interfere with the driver. Refrain from loud or boisterous talking or yelling.
● Never stick hands, arms, head, or feet out of the windows of the bus.
● Do not open windows without the driver's permission.
● Do not throw anything within the bus or out of a window; you might injure a pedestrian or force a motorist to make a dangerous maneuver.
● Do not touch the emergency door or exit controls or any of the bus safety equipment.
● Do not leave trash in the bus.
● Eat at home or school, but not on the bus.
● Obey promptly the directions and instructions of the school bus driver at all times.
Prohibited items:
● Tobacco is not allowed in a school bus.
● Alcoholic beverages shall not be carried in a school bus.
● Insects, reptiles, or other animals shall not be transported in a school bus. [A.A.C. R17-9-104]
● No weapon, explosive device, harmful drug, or chemical shall be transported in a school bus.
● No glass, medicine, skateboards or any contraband items defined by the District shall be transported in a school bus.
Exit from the bus:
● Remain seated until the bus has reached its destination and comes to a complete stop and the doors are completely open.
● Do not push or crowd when leaving the bus.
Crossing the highway:
● If you must cross the road, walk to a point about ten (10) feet in front of bus but do not cross until you can see that the driver has indicated that it is safe to do so.
● As you cross the road, look continuously to the right and left. At an intersection, look in all directions.
● Cross at right angles. Never cross the highway diagonally.
● Walk briskly across the road, but do not run.
Accident or other emergency:
● In case of an accident or emergency, older students should help the driver to maintain order and assist younger students.
● Stay in the bus unless otherwise directed by the driver.
● If you have to leave the bus, stay in a group and obey the driver's instructions.
● Do not expose yourself or others to needless hazard.
Procedures followed upon student misbehavior on school bus:
● When a student misbehaves on a bus for the first time, depending on severity, the driver may explain to the offender the necessity for good behavior and bus rules.
● If, after talks and warning, the rider continues to violate the rules, the driver will inform the student that the rule violation will be reported to the principal. This report will include the use of a written form that lists the offense and the action taken by the school administrator or the school administrator's designee.
● Upon receiving the complaint and discussing it with the driver, the school administrator or the school administrator's designee will then call the student to the office and warn the student that the parents must be notified that the student will be put off the bus if misbehavior reoccurs.
● If poor conduct continues, the driver will again report the incident to the school administrator or the school administrator's designee. After discussion it will be decided whether to take the bus-riding privilege away from the student, and, if so, for how long.
● When a student is not allowed transportation by school bus, the principal will inform the parents of the penalty, the reason for it, and how long the penalty will last. In such cases, the parents become responsible for seeing that their child gets to and from school safely.
● A student who is put off one (1) bus will be refused transportation by all drivers for the specified period of time.
(This section on student misbehavior shall be made available to parents and students in copy form.)
REGULATION
DRUG AND ALCOHOL TESTING OF
TRANSPORTATION EMPLOYEES
Circumstances Under Which Tests
for Drivers and Assistants
are to be Are to Be Given
All information obtained in the course of testing of drivers and assistants shall be protected as confidential medical information. Except as required by law or expressly authorized or required in 49 CFR 382.405, no information that is to be maintained pursuant to 49 CFR 382.401 shall be released.
Random:
● A. A minimum of fifty percent (50%) of drivers and assistants shall be tested annually for drugs and twenty-five percent (25%) of of drivers and assistants shall be tested annually for alcohol, subject to the Federal Highway Administration's administrator raising administrator raising or lowering the annual percentage rate in accordance with regulations. [49 CFR 382.305] Random testing Random testing selection shall be as follows:
■ Employees 1. Employees are to be placed in and remain in a pool for random selection.
■ A 2. A valid random selection procedure will be used.
■ Tests 3. Tests will be given at least once each quarter.
■ Dates 4. Dates of testing will not be announced.
● Random B. Random drug and alcohol testing may be combined. For example, when testing at fifty percent (50%) drug random drug random rate and twenty-five percent (25%) alcohol random rate, half of the randomly selected drivers and assistants chosen for chosen for testing could be tested for both drugs and alcohol, while the rest could be tested only for drugs.
Postaccident:
● Drivers and assistants A. Drivers are required to submit to drug and alcohol testing as soon as possible following a "Department of Transportation of Transportation (DOT) accident" that involves the loss of human life or for which the driver receives a citation under citation under state or local law for a moving traffic violation arising from the accident or five hundred dollars ($500) of damages of all vehicles or property, or if students are on the bus. [49 CFR 382.303]
● A B. A DOT accident is is defined as an occurrence involving a commercial motor vehicle operating on a public road that road that results in:
■ A 1. A fatality; or■ Bodily or
2. Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from away from the scene of the accident; or■ One or
3. One (1) or more motor vehicles incurring disabling damage as a result of the accident, requiring the vehicle the vehicle to be transported away from the scene by a tow truck or other vehicle. [49 CFR 390.5]; or■ Any unexpected occurrence involving a moving or non-moving school bus that results in any bodily injury or fatality to a passenger or non-passenger, damage to personal or real property outside the school bus, or damage to the school bus that affects the integrity of the school bus or results in a major defect as described in A.A.
C
R17-9-108(B).● If . If a driver or assistant is seriously injured and cannot submit to testing at the time of the accident, the driver or assistant shall provide the provide the necessary authorization for obtaining hospital reports and other documents that may indicate whether there whether there were any drugs or alcohol used by the driver or assistant prior to the accident. [49 CFR 382.303]
● A driver or assistant D. A driver who is subject to postaccident testing shall remain readily available for such testing or may be deemed be deemed by the District to have refused to submit to testing. Nothing in this section shall be construed to require to require the delay of necessary medical treatment or to prohibit the driver or assistant from leaving the scene of an accident an accident for a period necessary to obtain assistance in responding to the accident, or to obtain necessary medical necessary medical care. [49 CFR 382.303]
● No driver or assistant E. No driver required to take a postaccident alcohol test shall use alcohol for eight (8) hours following the accidentthe accident, or until the driver or assistant undergoes a postaccident alcohol test, whichever occurs first. [49 CFR 382.303]
● The F. The following actions are to be taken in a postaccident testing situation:
■ Treat 1. Treat injuries.
■ Work 2. Work with law enforcement officials.
■ Explain 3. Explain the need for testing.
■ Obtain 4. Obtain the driver's or assistant's permission for testing, if possible.
■ Work 5. Work with the medical facility to obtain the necessary documents and test information.
■ Collect 6. Collect specimens promptly.
■ Document 7. Document events.
The results of a breath or blood test for the use of alcohol or a urine test for the use of drugs conducted by federal, state, or local officials having independent authority for the test shall be considered to meet the requirements for postaccident testing if the results are obtained by the School District. [49 CFR 382.305]
Reasonable suspicion:
● A. Reasonable suspicion is is defined to mean that the District believes the behavior, speech, body odor, or appearance or appearance of a driver while on duty are indicative of the use of alcohol and/or controlled substances. The The conduct must be witnessed by a supervisor or District official trained in the detection of probable alcohol probable alcohol and drug use by observing indicators in a person's appearance, behavior, speech, and performance, in accordance with 49 CFR 382.603. If it is at all possible, the witness should not conduct the alcohol the alcohol test, in order to prevent the introduction of bias to the testing procedure.
● Alcohol B. Alcohol testing is authorized only if the observations are made during, just before performing, or just after performing after performing a safety-sensitive function. A written record shall be made of the observations leading to an alcohol an alcohol and/or controlled substance test. This record is to be signed by the supervisor who made the observationsthe observations.
● If C. If a reasonable suspicion alcohol test is not administered within two (2) hours following the observations, the witness the witness shall prepare and maintain on file a record stating the reasons the alcohol test was not administered promptlyadministered promptly. In addition, if not administered within eight (8) hours, all attempts to administer the test shall cease. A A record shall be prepared and maintained stating why the alcohol test was not administered. [49 CFR 382.307]
● Reasonable D. Reasonable suspicion testing should include the following considerations:
■ Focus 1. Focus on safety.
■ Verify 2. Verify reasonable suspicion if possible.
■ Observe 3. Observe the employee's appearance, behavior, speech, and performance.
■ Inform 4. Inform the employee in private of any suspicion.
■ Inquire 5. Inquire in private about any observations or suspicions.
■ Review 6. Review the findings.
■ Upon 7. Upon concluding that reasonable suspicion exists, transport the employee to a testing site.
■ Document 8. Document events.
Return-to-duty testing:
● A. A driver or assistant who has been prohibited from performing a safety-sensitive function after engaging in conduct regarding conduct regarding alcohol misuse or controlled substance use prohibited by U.S. Department of Transportation regulationsTransportation regulations, and before returning to duty, shall undergo a return-to-duty test, which must indicate a concentration a concentration of less then than 0.02 for breath alcohol and/or a negative result for controlled substances. [49 CFR 382.309 and 382.605(C)]
● When B. When a driver or assistant has been determined to be in need of assistance in resolving problems associated with alcohol misuse alcohol misuse and/or controlled substance use, the driver or assistant will be subject to unannounced follow-up alcohol and/or controlled or controlled substance testing. The driver or assistant will be subject to a minimum of six (6) follow-up tests in the first twelve first twelve (12) months. The follow-up testing period shall not exceed sixty (60) months. Follow-up testing for alcohol for alcohol shall be administered only when the driver or assistant is performing, just before performing, or just after performing after performing a safety-sensitive function. [49 CFR 382.311 and 382.605(C)]
Referral:
● Each driver or assistant who engages in conduct prohibited by 49 CFR 382.201 201 et seq., shall be evaluated by a substance abuse substance abuse professional, who shall determine what assistance, if any, the employee needs in resolving problems associated problems associated with alcohol misuse and controlled substance use. [49 CFR 382.605]
Driver Training
A copy of materials explaining the requirements of the Omnibus Act and the District's policies and procedures with respect to meeting such requirements will be distributed to each driver or assistant prior to the start of alcohol and controlled substance testing and to each driver or assistant hired or subsequently transferred into a driving position. The District shall provide written notice to representatives of employee organizations of the availability of this information. [49 CFR 382.601]
These materials shall include detailed discussions of at least the following:
● The A. The identity of the person designated to answer employee questions about the materials.
● The B. The categories of employees subject to this part of the regulation.
● Sufficient C. Sufficient information about safety-sensitive functions performed by such driver and assistants drivers to make clear what part of the of the work day a driver must be in compliance with the rule.
● Specific D. Specific information concerning driver conduct that is prohibited by the rule.
● The E. The circumstances under which a driver or assistant will be tested for alcohol and/or controlled substances by rule.
● The F. The procedures that will be used to test for the presence of alcohol and controlled substances, to protect the driver or assistants the driver and the integrity of the testing processes, to safeguard the validity of the test results, and to ensure that the that the results are attributed to the correct driver.
● The G. The requirement that the employee submit to alcohol and controlled substance tests administered in accord with accord with Omnibus Act regulations.
● An H. An explanation of what constitutes a refusal to submit to an alcohol or controlled substance test and the attendant the attendant consequences.
● I. The consequences for drivers and assistants found to have violated the rule, including requirements for removal from duty.
● J. Consequences for a driver or assistant having a concentration of 0.02 but less than 0.04 in a breath alcohol test.
● Information K. Information concerning the effects of alcohol and controlled substance use on an individual's health, work, and personal and personal life; signs and symptoms of an alcohol or controlled substance problem (the driver or a co-worker); and and available methods of intervention, including confrontation and referral. [49 CFR 382.601]
Policies, regulations, and consequences based on the District's independent authority outside of the Omnibus Act shall be presented and clearly and obviously described as being based on independent authority [49 CFR 382.601]. All such references shall be placed in bold within the document and shall contain applicable statutory citations.
Each driver and assistant must provide a signed receipt for the materials. [49 CFR 382.401(c)(5)(iii)]. Written notice of the availability of this information shall be provided to representatives of employee organizations. [49 CFR 382.601(a)(2)]
Supervisor Training
Persons designated to determine whether reasonable suspicion exists to require a driver or assistant to undergo reasonable-suspicion testing shall receive at least sixty (60) minutes of training on alcohol misuse and at least an additional sixty (60) minutes of training on controlled substance use. The training shall cover the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances. [49 CFR 382.603]
EXHIBIT
DRUG AND ALCOHOL TESTING OF
TRANSPORTATION EMPLOYEES
RECORDS RETENTION
The District shall maintain records of its alcohol misuse and prevention program in a secure location with controlled access. The records are to be kept as indicated below.
How long is the employer required to
keep records? [49 CFR 382.401(c)(1)]
● A. Five years:
■ Records 1. Records of alcohol test results showing concentrations of 0.02 or more.
■ Records 2. Records of driver-verified positive controlled substance tests.
■ Documentation 3. Documentation of refusals to take required tests.
■ Calibration 4. Calibration documentation.
■ Driver 5. Driver evaluation and referrals.
■ A 6. A copy of each annual calendar year summary.
● B. Two years:
■ Records related to the alcohol and controlled substance collection process and training.
● C. One year:
■ Records of negative and canceled drug test results and alcohol test results with concentrations of less than less than 0.02.
What types of records must be kept?
● A. Records relating to the collection process,
as follows as follows [49 CFR 302.401(c)(1)]:
■ Collection 1. Collection logbook, if used.
■ Documents 2. Documents relating to the random selection process.
■ Calibration 3. Calibration documents for evidential breath testing devices.
■ Documentation 4. Documentation of breath alcohol technician training.
■ Documents 5. Documents regarding decisions to administer reasonable-suspicion tests.
■ Documents 6. Documents regarding decisions of postaccident tests.
■ Documents 7. Documents verifying existence of a medical explanation of the inability of a driver to provide an adequate breath adequate breath or urine specimen for testing.
■ Consolidated 8. Consolidated annual calendar year summaries as required by 49 CFR 382.403.
● B. Records relating to driver's test results [49 CFR 382.401(c)(2)]:
■ Employer1. Employer's copy of alcohol test forms, including the results of the test.
■ Employer2. Employer's copy of drug test chain of custody and control form.
■ Documents 3. Documents sent by the medical review officer (MRO) to the employer, including those required by 49 by 49 CFR 382.407(a).
■ Documents 4. Documents related to refusal by any driver to submit to a drug or alcohol test required by the rules.
■ Documents 5. Documents presented by a driver to dispute the results of an alcohol or substance abuse test required by required by the rules.
● C. Records related to other violations.
● D. Records related to evaluations:
■ Records 1. Records pertaining to a determination by a substance abuse professional (SAP) concerning a driver's need s need for assistance.
■ Records 2. Records concerning a driver's compliance with recommendations of the SAP.
● E. Records relating to education and training:
■ Materials 1. Materials on alcohol misuse and drug use awareness, including a copy of the employer's policy on both.
■ Documentation 2. Documentation of compliance with the requirements of 49 CFR 382.601, including the driver's signed receipt signed receipt for materials.
■ Documentation 3. Documentation of training provided to supervisors for determining the need for reasonable-suspicion testing suspicion testing for alcohol misuse or use of controlled substances.
■ Certification 4. Certification that any training that has been conducted complies with the requirements for such training.
● F. Records relating to drug testing:
■ Agreements 1. Agreements with the collection site facilities, laboratories, medical review officers, and consortia.
■ Names 2. Names and positions of officials and their roles in the employer's alcohol and controlled substance testing substance testing program.
■ Monthly 3. Monthly laboratory statistical summaries of urinalysis required by 49 CFR 40.29(g)(6).
■ The 4. The employer's drug and alcohol testing policy and procedures.
How must these records be reported?
● All records must be kept in prescribed form and be supplied to Department of Transportation (DOT) when requested. The District will be notified be notified whether to submit the records. [49 CFR 382.403(b)]
What happens if records are not kept properly?
● Penalties can be severe; for example, just an error in paperwork can mean a fine of up to five hundred dollars hundred dollars ($500) for each violation. Other violations can be penalized as high as ten thousand dollars dollars ($10,000) per occurrence and loss of federal funding. [49 U.S.C. 521(b)]
Where are records to be located?
● All records required shall be maintained as required by 49 CFR 390.31 and shall be made available for inspection for inspection at the employer's principal principle place of business within two (2) business days after a request by an by an authorized representative of the Federal Highway Administration. [49 CFR 382.401(d)]
What summary records are required?
● The A. The District must prepare by March 15th of each year, and maintain, an annual calendar year summary of the results the results of all controlled substance and alcohol testing performed during the previous calendar year.
● Each B. Each summary that contains verified positive controlled substance test results and alcohol screening tests with concentrations with concentrations of .02 or greater or any other violations or alcohol misuse must include the following elements:
■ The 1. The number of drivers subject to 49 CFR 382.
■ The 2. The number of drivers subject to testing under the alcohol misuse or drug use rules of more than one (1) DOT DOT Agency - identified by each Agency.
■ The 3. The number of urine specimens collected, by type of test (e.g., random, reasonable suspicion, et et cetera).
■ The 4. The number of positives verified by an MRO for type of test and type of drug.
■ The 5. The number of negative drug tests verified by an MRO, by type of test.
■ The 6. The number of persons denied a position as drivers following preemployment verified positive drug testing drug testing and/or alcohol testing with concentrations of 0.04 or greater.
■ The 7. The number of drivers with MRO-verified positive tests for multiple controlled substances.
■ The 8. The number of drivers who refused to submit to alcohol or drug tests required by 49 CFR 382.
■ The 9. The number of supervisors who have received required alcohol training during the reporting period.■
10. The number of supervisors who have received required controlled substances training during the reporting the reporting period.
■ 11. The number of screening alcohol tests, by type of test.
■ 12. The number of confirmation alcohol tests, by type of test.
■ 13. The number of confirmation alcohol tests with concentrations of 0.02 or greater but less than 0.04, by type by type of test.
■ 14. The number of confirmation alcohol tests with concentrations of 0.04 or greater, by type of test.
■ 15. The number of drivers returned to duty, after complying with a SAP's recommendation in this reporting periodreporting period, who had previously had verified positive drug test results or engaged in prohibited alcohol misusealcohol misuse.
■ 16. The number of drivers who were administered drug and alcohol tests at the same time with both verified positive verified positive drug test results and alcohol test results with concentrations greater than 0.04.
■ 17. The number of drivers who were found to have violated any nontesting prohibition of 49 CFR 382CFR 382.403(b) and any action taken in response to the violation.
● Each C. Each employer with an annual calendar year summary that contains only negative drug test results, alcohol screening alcohol screening test results of less than 0.02, and no other violations may prepare and submit either a standard summary standard summary form with information as listed above or an "EZ" report form. The abbreviated "EZ" form requires selected requires selected information from the list above. [49 CFR 382.403]
Who may have access to the records?
● The A. The covered employee, to the employee's records, upon written request.
● The B. The employer.
● The C. The Secretary of Transportation, upon request.
● Any D. Any DOT agency, upon request.
● Any E. Any state or local official with regulatory authority over the employee, upon request.
● Any F. Any person or employer, upon the employee's written request.
● National G. National Transportation Safety Board may review postaccident test information upon request and as a part of an of an accident investigation. [49 CFR 382.405]
Are the records relating to the drug and
alcohol testing program confidential?
● Yes; therefore, they are not subject to disclosure under the Inspection of Public Records, A.R.S. 39-121 et seq., with the possible exception of the Annual Calendar Year Summary once released to the DOT. [49 CFR 382.405]
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 -->
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:
● Bus A. Bus usage for educational field trips or educationally related activities by student organizations may be considered be considered an extension of classroom activities.
● The B. The Board delegates to the administration authority concerning requests for noncurricular usage. In such cases, the the student organization or group making the trip will be required to reimburse the District for all or a portion of the of the cost of the transportation.
Adopted: date of 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 authorized or Governing Board member authorized to use a private vehicle for District purposes shall be notified in writing that the employee's automobile 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
REGULATION
STUDENT TRANSPORTATION
IN PRIVATE VEHICLES
The use of a private vehicle for transporting students requires written permission from the Superintendent.
● ThisA. This permission may be in the form of a standing permit for employees who use their own vehicles
regularly forregularly for school purposes. The permit will state the particular purpose, and whether it includes transportation
of studentsof students.
● ForB. For each special trip involving students, including field trips, a special permit must be obtained in advance
for thefor the specific trip.
● Each employee authorizedC. Each employee or Governing Board member authorized to use a private vehicle for school business purposes will be required to
present proofpresent proof of insurance to the District.
● NoD. 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
In order to drive a District vehicle employees must:
● maintain an Arizona Driver's License;
● authorize the School District to request driving record annually; and
● attend safe driving (defensive driving) class.
Employees shall not be permitted to drive a District vehicle until their driving record has been obtained and they are granted permission to drive a District vehicle. This permission may only be obtained through the Administrator for Support Services. When permission is granted to drive a District vehicle, the following applies to all employees:
● Any employee who receives a "serious driving violation" must report any charge and/or conviction of a serious driving violation while using a District vehicle or a personal vehicle to his/her District supervisor by the next business day after such violation occurs. Failure to report such violations could be grounds for discipline up to and including termination.
● "Serious driving violation" includes, but is not limited to:
■ Driving under the influence of drugs or alcohol (including prescribed medicines).
■ Violation of a state or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with a fatal traffic accident.
■ Reckless driving, as defined under state or local law.
■ Aggravated assault with a motor vehicle.
■ Using a motor vehicle for the commission of a felony.
■ Operating a motor vehicle without the owner's authority.
■ Excessive speeding or speeding contests.
■ Hit and run driving.
■ Permitting an unlicensed person to drive a motor vehicle.
An employee who has a serious driving violation may be subject to sanctions for up to forty (40) months.
● Any employee who has a suspended, revoked or restricted license shall not drive a District vehicle or use his/her own vehicle for District business. An employee who is required to use a "Certified Ignition Interlock Device" to operate a vehicle shall not drive a District vehicle or use his/her own vehicle to transport students for District business. An employee who is required to drive a vehicle in order to perform his/her job as outlined in the job description and who receives a serious driving violation may be subjected to discipline up to and including termination.
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 authorized or Governing Board member authorized to use a private vehicle for District purposes shall be notified in writing that the employee's automobile 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.
Alcohol Testing of Employees
Who Drive District Vehicles
Any District employee, operating a District vehicle at the time of an accident, will submit to drug/alcohol testing when one (1) or more of the following occurs:
● Bodily injury or death occurs to any individual involved in the accident;
● The District employee is cited by a police officer;
● Total property damage is in excess of five hundred dollars ($500);
● There is reasonable suspicion by an administrator that drugs or alcohol may have contributed to the accident;
● If a student is a passenger at the time of the accident.
Adopted: date of Manual adoptionAdopted: <-- 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
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 approved 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.
11-195 et seq.
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 et seq.
Child Nutrition Act of 1966 42 U.S.C. 1771 et seq.Arizona Department of Education: The Arizona Nutrition Standards
CROSS REF.:
GDN - Supervision of Support Staff Members
JL - Student Wellness
REGULATION
FOOD SERVICES
District and school administrators will work together to provide a safe, accessible and compliant food service program and shall observe the following directives in operating the food services programs.
Meals in schools. Each school shall:
● Provide A. Provide meals at a reasonable price and accordingly shall use state allocated food services funds to supplement to supplement federal funds as a means of keeping prices within reach of paying students.
● Encourage B. Encourage students to participate in each school's meal program while still allowing meals to be brought from homefrom home.
● Provide C. Provide modified meals, upon a physician's written request, for students with food allergies or other special food 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 that Foods of Minimal Nutritional Value (FMNV) as defined by United States Department of Agriculture (USDA) and and the Arizona Department of Education (ADE) are prohibited. This includes all food and beverages sold andsold 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 periodslunch periods.
Each school, (kindergarten [K] through twelve [12]) shall inform families, upon request, about the ingredients and nutritional value of the foods served.
Competitive foods. Competitive foods mean any foods sold in competition with the National School Breakfast and Lunch Program to students during the meal periods. The principal and food service supervisor may approve the sale of competitive foods if:
● All A. All income from the sale of such foods accrue to the benefit of:
■ The 1. The nonprofit school food service; or
■ The 2. The school or student organizations approved by the District.
● They B. They are sold in locations other than the dining, serving, and kitchen areas.
● The C. The school promotes an overall school environment that encourages students to make healthy food choices.
● The D. The competitive foods meet the state nutrition standards.
Pricing, posting, and expenses. The school meal program must be non-profitnonprofit. 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:
● The A. The sale price of any food items sold including a reimbursable meal shall be posted in the dining area.
● School B. School meal program facilities used by outside organizations or individuals must have approval from the school the school principal and or food service supervisor.
● If C. If outside organizations or individuals use the food service facilities, a qualified staff member must be on duty and paid according to the catering guidelines.
● All D. All food items and/or consumable supplies purchased through the food service program and all labor used for a for a special meal function must be reported. The sponsoring agency must be billed for the food, labor and other costs other costs of the special function. All special meal functions must operate on a self-sustaining basis.
● Each E. Each person who eats a school meal must pay the regular price for the meal with two (2) exceptions:
■ Students 1. Students who have an approved free or reduced-price income application on file for the current school yearschool year.
■ Food 2. Food service employees who are paid from school lunch funds.
● No F. No person is permitted to take food or garbage from the food service program for personal use.
Training. The school meal program director/supervisor will develop ongoing in-service and staff development training opportunities for staff in the area of food safety, nutrition, and customer service.
Eligibility. Principals will ensure that families are aware of need-based programs for free or reduced price meals and encourage eligible families to apply. The confidentiality of students and families applying for or receiving free or reduced priced meals shall be maintained.
Dining environment. Principals shall ensure that students and staff have adequate space to eat meals in pleasant surroundings and shall have adequate time to eat, relax, and socialize. Safe drinking water and convenient access to facilities for hand washing and oral hygiene shall be available.
Student workers. Students shall be allowed to assist with meal preparation and service if mutually agreeable between the parent, teacher, and food service staff. Student workers must receive documented food safety and sanitation training.
Denial of meals as disciplinary action. School personnel shall not withhold food from students as punishment. Disciplinary action, which indirectly results in the loss of meals, is allowable (such as suspension from school). Any student attending school, who is not allowed to eat in the cafeteria for disciplinary reasons, shall have a reimbursable meal made available to them.
Feeding Senior Citizens. The District may enter into an agreement to provide meals for persons sixty (60) years of age or older and their spouses, or any group of such persons.
Student, Parent, Teacher and Community Involvement. The District shall promote activities to involve student and parents in the food/nutrition program. Activities may include menu planning, enhancement of the eating environment, program promotion and related student-community support activities. Schools are encouraged to use the school meal program to teach students about good nutrition practices. School faculties and the general community should be involved in activities to improve the overall acceptability of the food service program. Each school should welcome and encourage parents to eat with students.
Recordkeeping. The District must keep complete and accurate records of the school meal program to serve as a basis for claims for reimbursement and for audit and review purposes. All records and tickets must be kept in accordance with the National School Lunch Program and School Breakfast Program State Guidance Manual.
Safety inspections. The District is required to obtain a minimum of two (2) food safety inspections each school year.
Other food sales. Food sales by student or adult entities or organizations shall be permitted provided these sales ensure optimum student participation in the school meals program and are in compliance with state and federal regulations.
When meals or snacks are offered to students in organized after-school education or enrichment programs, they should be provided by the food services program.
EXHIBIT
FOOD SERVICES
CODE OF STANDARDS
The duties of any officer, employee, or agent of the District who has occasion to handle school food or monies shall be performed in a manner consistent with good business practices. This shall include prohibition of:
● Solicitation A. Solicitation or acceptance of gratuities, favors, or anything of monetary value from contractors, potential contractorspotential contractors, or parties to subagreements.
● Participation B. Participation in awards or administration of contracts to firms in which the employee, or any member of the employeethe 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.
● Suspension B. Suspension of duties.
● Termination C. Termination of employment.
● Prosecution 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
Administrative Regulations, USFR, Section VI, Food Services
Richard B Russell National School Lunch Act 42 U. S. C. 1751 et seq et seq.
Child Nutrition Act of 1966 42 U.S.C. 1771 et seq.
Arizona Department of Education: The Arizona Nutrition Standards
CROSS REF.:
GDN - Supervision of Support Staff Members
JL - Student Wellness
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� 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.
Meal Charges
The Board shall permit students to incur reasonable charges for lunch meals and parents/guardians shall be contacted for payment.
The District shall inform students and parents/guardians in writing of the District's policy regarding charges and students' responsibility for their meals. The notice shall be provided to all households at the time they begin participating in the food services program.
A maximum of two (2) charges for lunch meals along with two (2) special meal arrangements shall be allowed each student at any one time. Once charges are made current, the student is again allowed up to two (2) charges for lunch and two (2) special meal arrangements.
Students are not permitted to charge a meal at breakfast, charge a la carte, or a second meal.
Each school shall maintain a list of students who have meal charges in the current school year and the number of occurrences for each student. Each school must contact the parent to notify that the student has exceeded the allowed charges and meal arrangements prior to denying a meal to a student without money.
Communication with the parent s should include previous problems with charges and explain the procedure should the student fail to have money during the remainder of the school year.
Reasonable charges shall not exceed two (2) lunch meals per student at any one time. No charges will be allowed during the last four (4) weeks of school.
No checks will be accepted during the last four (4) weeks of school.
Adopted: date of Manual adoption
LEGAL REF.:
A.R.S.
15-828(F)
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: <-- z2AdoptionDate -->
LEGAL REF.:
The Child Nutrition Act (42 U.S.C. 1771 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 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
The District Administration Center All offices in the District shall be open during the school year from 78:30 00 a.m. until 5:00 p.m., Monday through Friday, except during holidays and as otherwise stipulated by the Superintendent. Hours of the working day shall be assigned by supervisors.
The Superintendent may modify days and hours of operation during non-school year months. These changes will be communicated to the public.
Other District sites shall communicate their office hours to the public.
Adopted: date of Manual adoptionAdopted: <-- z2AdoptionDate -->
LEGAL REF.:
Arizona Constitution, Article 18, Section 1
School equipment and personnel cannot be used for any printing work for Parent-Teacher Association (P.T.A., Parent Teacher Organization (PTO) , any parent organization, 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:
● The A. The purpose and character of the use, including whether the use is of a commercial nature or for nonprofit educational nonprofit educational purposes.
● The B. The nature of the copyrighted work.
● The C. The amount and importance of the portion used in relation to the copyrighted work as a whole.
● The D. The effect of the use upon the potential market for or value of the copyrighted work.
A further exception shall be performance or display of a work by instructors or students in the course of face-to-face teaching activities in a classroom or other similar place devoted to instruction.
Adopted: date of 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:
● shall A. shall be categorized in the same manner as is required for paper records,
● shall B. shall be stored in a way permitting ease of record retrieval,
● and 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.
● All B. All school business-related communications, including communications from private computers used by school by school Board members, officers and employees shall be segregated to a file folder and then to a location designated location designated by the District so that these records may be maintained and inspected by any person upon requestupon request, unless the materials are otherwise made confidential by law.
● The C. The determination of record status shall be on the same basis as is used for paper records.
● Once D. Once the communication is transferred to the records maintenance location and into the recordkeeping system recordkeeping system the original electronic version may be deleted. The version maintained in the proper recordkeeping system recordkeeping system is the official copy and must be retained for the same period as required for other forms of the same record same record series.
● A E. A retrieval system for electronic mail and data transmitted with mail shall be established that will permit reasonable 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
41-1346
20 U.S.C. 1232g Family Educational Rights and Privacy Act
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:
● EA. E-mail or any other electronic messaging service shall not be used as a substitute for deliberations at Board meetings Board meetings or for other communications or business properly confined to Board meetings.
● EB. E-mail or any other electronic messaging service may be used to disseminate factual information, such as agenda as agenda packet, suggestions for public agenda items and reminders regarding committee meeting times, dates and dates and places.
● Confidential C. Confidential information about employees, students or other Board members shall not be included in e-mail communications mail communications due to the risk of improper disclosure.
● Should D. Should electronic devices be utilized for participation or attendance at public meetings, the public in attendance in attendance including media representatives shall have the same access to the electronic input as the Governing the Governing Board members.
● The E. The following statement shall be used on all Board member and staff electronic communications: "To ensure compliance ensure compliance with the Open Meeting Law, Board member recipients of this message should not forward it to other to other Board members nor should Board members reply to this message."
● Board F. Board members shall communicate with staff members and the public by following procedures established in policyin policy.
Records Retention:
● Each Board member or staff member computer user shall segregate or store electronic communications pertaining 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 then to a location designated by the District so that these records may be maintained and inspected by any person 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
41-1346
A.G.O
I05-004
Records General Retention and Disposition Schedule for Arizona School Districts (2004), Records Management Division of the Department of Library, Archives, and Public 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: September 22, 2011 <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-271
15-272
15-341
15-521
23-721
23-926
23-962
38-421
38-423
38-424
39-101
39-103
39-121
41-1346 et seq.
44-1373
A.A.C.
R7-2-803
REGULATION
DATA / RECORDS RETENTION
(Records Management Program)
Records shall be prepared and managed as outlined below.
Business and Financial Records
Management of the following records is the responsibility of the business manager:
● Annual A. Annual District budget.
● Audit B. Audit reports.
● Financial C. Financial statements.
● Capital D. Capital levy plan.● Bids
E. ● Contracts Bids.
F. Contracts (except employment).
● DeedsG. ● Leases Deeds.
H. Leases/lease purchases.
● I. Inventory (history records of general fixed assets).
● J. Records identified in the Uniform System of Financial Records.
Other District Records
The current year's records will be kept in the District administration office. When practical to do so, but no later than during the second immediate past year, all paper records will be grouped, bundled together, and labeled, with the disposal date noted on the label. Records created and/or maintained in an electronic format will be preserved in a manner approved by the Records Management Division of the Arizona State Library, Archives and Public Records (ASLAPR). Retention periods noted will refer to the number of years after the end of the fiscal year in which the records were made or superseded, as specified in the General Retention Schedules for School Districts and Charter Schools.
All records shall be managed in compliance with the requirements of the Records Management Division of the Arizona State Library, Archives, and Public Records (ASLAPR). Due to the ongoing process by the ASLAPR to revise existing and add new retention schedules for school districts and charter schools, the current point-in-time status of records retention requirements must be confirmed prior to determining disposition of the subject records by accessing the General Retention Schedule for School Districts and the Standards and Guidelines for Electronic Records available on the ASLAPR website at:
http://www.lib.az.us/records/school.aspx
and
http://www.lib.az.us/records/Standards_and_Guidelines.aspx
The Board has the responsibility to maintain an adequate property, casualty, and liability insurance program to protect the property of the District against fire, vandalism, and theft; to protect the Board members and employees against general liability resulting from the discharge of their duties; and to offer protection in case of injury for employees while acting in behalf of the school. The Board may also authorize a voluntary insurance program for students and employees.
Health Insurance
The District shall provide a dental and medical health benefit plan for full time permanent employees as determined by the Governing Board. The medical plan shall be through the provisions of a self-funding trust as prescribed by statute. The self-funding trust shall be governed by a Board of Trustees, appointed by the Governing Board. The Board of Trustees will include one (1) member of the Board, the Superintendent, and three (3) to five (5) patrons of the District. Patrons will serve a three (3) year term. Governing Board members will serve a three (3) year term or remainder of their elected office, whichever is shorter.
Life and Accidental Death and
Dismemberment Insurance
The District shall provide a term life insurance policy and an accident death and dismemberment policy in the amount of an employee's annual base salary, or ten thousand dollars ($10,000), whichever is greater but not to exceed seventy-five thousand dollars ($75,000). Prior to July 1, 2012, this benefit is provided to active status full-time employees enrolled in a District medical benefit program. Effective July 1, 2012, this benefit is provided to all active full-time employees. The benefit is provided by the District as a portion of the Employee Benefit Program.
Health Insurance Portability
Accountability Act (HIPAA)
The District will comply with the Security and Privacy regulations issued pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The District is a covered entity obligated to comply with the HIPAA Security and Privacy regulations. The Administrator for Support Services will serve as the HIPAA Privacy Officer and HIPAA Security Officer. Members of Workforce who fail to comply with privacy or security policies and procedures may be disciplined up to and including termination.
Insurance While on
Leave-of-Absence
When employees are granted a leave-of-absence, they may continue as a member of the health insurance plan under the terms of Consolidated Omnibus Budget Reconciliation Act (COBRA). Exceptions to this policy may be made by the Superintendent or the Superintendent's designee.
Insurance After Resignation or
Termination of Employment
When an employee resigns or when an employee's work relationship is terminated, medical and dental insurance will remain in effect through the month in which the termination occurs. The employee whose work relationship has been terminated may elect to pay necessary premiums as provided by COBRA. Life insurance coverage under the District plan is not available to employees after termination of employment.
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: April 12, 2012 <-- 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
Priority in the development of facilities shall be based on identified educational needs and on programs developed to meet those needs.
The Board establishes these broad goals for development:
● To A. To integrate facilities planning with other aspects of planning in a comprehensive educational program.
● To B. To base educational specifications for school buildings on identifiable learner needs.
● To C. To design for sufficient flexibility to permit program modification or the installation of new programs.
● To D. To design school buildings as economically as feasible, providing that learner needs are effectively and adequately and adequately met by the design.
● To E. To involve the community, school staff members, available experts, and the latest in related current development current development and research in building plans and specifications.
● To F. To analyze life-cycle costs as they compare with capital expenditures versus a maintenance and operations expense operations expense projection.
● To G. To analyze the core facility as it relates to future expansion.
● To H. To design school buildings for community use when feasible.
Adopted: date of Manual adoption <-- z2AdoptionDate -->
(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 lessesslessees. The 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: September 24, 2015 <-- 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:
● Information A. Information concerning the plan of school organization and estimated enrollment in the proposed building.
● A B. A description of the proposed curriculum and the teaching methods and techniques to be employed.
● A C. A schedule of space requirements, including an indication of relative locations of various spaces.
● A D. A desired layout of special areas and the equipment needed for such areas.
● An E. An outline of mechanical features and special finishes desired.
● Standards F. Standards established by the School Facilities Board.
● Joint use of facilities by city and county.
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.
41-2163
20 U.S.C. 1400 et seq., Individuals with Disabilities Education Act
29 U.S.C. 794, Rehabilitation Act, (Section 504)
42 U.S.C. 12101 et seq., The Americans with Disabilities Act
In naming facilities, the District will consider names derived from significant geographic locations, historical events, persons, or events of community significance for example.
Names of living persons may not be used.
Recommendations for names will be solicited from the community at large with special solicitation from students. The Governing Board will consider these recommendations when making the final decision., as well as worthy deceased individuals who:
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.
Memorials
The Governing Board will consider approval of a memorial in honor of persons who have special significance to the students, the school district or the community. A facility, room or item may be dedicated for the person in whose honor the memorial is created. A memorial plaque may be appropriately dedicated whenever the facility, room or item is designated.
Requests to establish a memorial will be submitted to the superintendent with information concerning the purpose of the memorial.
Building principals, with Governing Board approval, may receive items for his or her school as a dedication to an individual who has a special significance to the school. Items received as memorials become the property of the District.
A memorial shall be approved by the Governing Board which honors a living person.
Changing Schools and/or
Facilities Names
Once identified, a school and/or facility name may not be changed without a minimum of one (1) public hearing prior to formal consideration by the Governing Board.
Adopted: April 26, 2012Adopted: <-- 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:
● RecruitingA. Recruiting, selecting, and employing the best-qualified personnel to staff the school system.
● AnB. An employee appraisal program that will contribute to the continuous improvement of staff performance.
● ProfessionalC. Professional development and in-service training programs for employees that will improve their rates
of performanceof performance and retention.
● DeploymentD. Deployment of the available personnel to ensure that they are utilized as effectively as possible
within budgetarywithin budgetary constraints.
● HumanE. Human relationships necessary to obtain maximum staff performance and satisfaction.
● AF. A staff compensation program sufficient to attract and retain qualified employees within the fiscal limitations
of theof the District.
Adopted: date of 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: October 25, 2012 <-- 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
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
REGULATION
EQUAL EMPLOYMENT OPPORTUNITY
Compliance Officer
The Superintendent shall be the compliance officer. Any person who feels unlawfully discriminated against or to have been the victim of unlawful discrimination by an agent or employee of the District or who knows of such discrimination against another person should file a complaint with the Administrator of Human ResourcesSuperintendent. If the Superintendent is the one alleged to have unlawfully discriminated, the complaint shall be filed with the President of the Board.
Complaint Procedure
The District is committed to investigating each complaint and to taking appropriate action on all confirmed violations of policy. The assigned investigator Superintendent shall investigate and document complaints filed pursuant to this regulation as soon as reasonable, within the established timelines. In investigating the complaint, the investigator Superintendent will maintain confidentiality to the extent reasonably possible. The Superintendent shall assign investigations allegations also investigate incidents of policy violation that are raised by the Governing Board, even though no complaint has been made.
If after the initial investigation the Superintendent has reason to believe that a violation of policy has occurred, the Superintendent shall determine whether or not to hold an administrative hearing and/or to recommend bringing the matter before the Board.
If the person alleged to have violated policy is a teacher or an administrator, the due process provisions of the District's Policy GCQF shall apply, except that the supervising administrator may be assigned to conduct the hearing. In cases of serious misconduct, dismissal or suspension proceedings in accordance with A.R.S. 15-539 et seq., may be initiated.
If the person alleged to have violated policy is a support staff employee, the Superintendent may follow due process and impose discipline under Policy GDQD if the evidence so warrants. The Superintendent also may recommend a suspension without pay, recommend dismissal, or impose other appropriate discipline.
If the person alleged to have violated policy is a student, the Superintendent may impose discipline in accordance with Policies JK, JKD and JKE.
If the DistrictSuperintendent's investigation reveals no reasonable cause to believe policy has been violated, the Director of Human Resources Superintendent shall so inform the complaining party in writing.
Timelines
The complaint must be filed within thirty (30) calendar days after the complaining party knew or should have known that there were grounds for a complaint/grievance.
Once the written complaint has been filed using the forms provided by the District, the Superintendent shall require the immediate supervisor or site administrator to investigate and respond in writing to the complaining party within five (5) working days.
If the immediate supervisor or site administrator does not respond, the Superintendent will have ten (10) additional working days to respond in writing to the complaining party.
If the Superintendent does not respond within the established time, then the complaining party may request in writing that the issue be brought before the Board. The Board will then review the record of the investigation and have thirty (30) days to respond to the complaining party in writing.
EXHIBIT
EQUAL EMPLOYMENT OPPORTUNITY
COMPLAINT FORM
◻ Harassment ◻ Sexual Harassment ◻ Discrimination
◻ Hostile Work Environment ◻ Other ____________________________
Please print:
Name(To be filed with the compliance officer as provided in GBA-R)
Please print:
Name _______________________________ _________ Date _______________Position and Location ___
Address ______________________________________________Telephone number(s) where you can be reached ________
Telephone __________ Another phone where you can be reached _________
During the hours of ___________________________________________________
E-mail address ______________________________________________________
I wish to complain against:
Name of person, school (department), program, or activity activity __________________
________________________________________________________________________
________________________________________________________________________Location
Address ___________________________________________________________
Specify your complaint by stating the problem as you see it. Describe the incident, the participants, the background to the incident, and any attempts you have made to solve the problem. Be sure to note relevant dates, times, and places. If you need more space, please attach additional pages.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
If there is anyone who could provide more information regarding this, please list name(s), locationaddress(ses), and telephone number(s).
Name Location Name Address Telephone Number
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
The projected solution
Indicate what you think can and should be done to solve the problem. Be as specific as possible.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
I certify that this information is correct to the best of my knowledge.
__________________________________ ________________________
Signature of Complainant DateWhen completed return this form to the Director of Human Resources or the administrator/principal at the site. Upon receipt, the administrator Complainant
The compliance officer, as designated in GBA-R, shall give one (1) copy to the complainant and shall retain one (1) copy for the file.
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:
● Makes A. Makes the well-being of students the fundamental value of all decision making and actions.
● Maintains B. Maintains just, courteous, and proper relationships with students, parents, staff members, and others.
● Strives C. Strives for the maintenance of efficiency and knowledge of developments in the employee's field of work.
● Fulfills D. Fulfills job responsibilities with honesty and integrity.
● Directs E. Directs any criticism of other staff members or of any department of the school system toward improving the District. Such constructive criticism is to be made directly to the school administrator who has the responsibility for improving the situation.
● Supports F. Supports the principle of due process and protects the civil and human rights of all individuals.
● Obeys G. Obeys local, state, and national laws and does not knowingly join or support organizations that advocate, directly or indirectly, the overthrow of the government.
● Implements H. Implements the Governing Board's policies and administrative rules and regulations.
● I. Refrains from using school contacts and privileges to promote partisan politics, sectarian religious views, or selfish propaganda of any kind.
● Pursues J. Pursues appropriate measures to correct any laws, policies, or regulations that are not consistent with sound educational goals.
● Avoids K. Avoids using position for personal gain through political, social, religious, economic, or other influence.
● Maintains L. Maintains the standards and seeks to improve the effectiveness of the profession through research and continuing and continuing professional development.
● M. Stresses the proper use and protection of all school properties, equipment, and materials.
● Honors N. Honors all contracts until fulfillment or release.
In the performance of duties, employees shall keep in confidence such information as they may secure unless disclosure serves District purposes or is required by law.
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 . Family members are defined as: spouse, son or daughter, mother, father, brother, sister, mother-in-law, father-in-law, brother-in-law, sister-in-law, daughter-in-law, son-in-law, grandparent, grandchildren, aunt, uncle, stepparent, stepson or stepdaughter, stepbrother or stepsister and cousins(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 any person, group, or entity doing, or desiring to do, business with the District . The acceptance of any business-related gratuity is specifically prohibited, except for widely distributed, advertising items of nominal value.
This policy should not be construed to deem unacceptable inexpensive novelty advertising items of general distribution. Acceptance of business meals and holiday gifts for general consumption are acceptable under this policy.
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.
Adopted: date of Manual adoption
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: <-- 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
EXHIBIT
STAFF CONFLICT OF INTERESTDISCLOSURE
CONFLICT OF SUBSTANTIAL INTEREST FORM
(Conflict of Interest)
State law requires you to disclose any substantial interest1 you or your relatives2 have in any Peoria Unified School District (PUSD) vote, decision, contract, sale or purchase. A PUSD employee must complete and submit this form promptly when a situation arises or may arise that requires disclosure. Additionally the District requires an annual update.
Should a District employee, or should a relative of a District employee, have a financial or ownership interest in an enterprise that is involved in a business transaction with PUSD, either directly or indirectly, the employee may not, under any circumstance, participate in any aspect of the transaction as a representative of PUSD. Such interest includes, but is not limited to, the employee, or a relative of an employee, being employed by; being a sales representative for; owning a part of, or in full; or being an investor in the enterprise in question. Should such an interest exist in an enterprise that does, or may be considered to do, business with the District, the employee shall not take part in any of the following as a representative of the District:
● Participate in selecting a vendor for the goods or services supplied by the business.
● Supervise the work of the business for PUSD.
● Participate in determining that PUSD need the types of goods or services supplied by the business.
● Vote on or approve the award of a contract to the business.
● Approve invoices from the business.
● Participate in resolving any contract disputes between the business and PUSD.
◻ Conflict of Interest exists as follows:
Identify the o business, o company, o partnership, or o property (check appropriate box) in which you have the financial or ownership interest:
Name:
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 _____________________ ____________ Phone: ___________________Address: [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, ___________________________________________________________Provide a full description of your financial ownership interest: , do hereby indicate:
1. That I am presently an employee of the ____________________________________________________________________________________ School District;
2. That I (or my relative[s]: ________________________________________________________________________
Describe any current or future matters that PUSD is or may be involved in that affect the interest you identified above:
) have a substantial interest in the contract, sale, purchase, decision, investigation, or other matter by the _______________________________ _________________________________________
________________________________________________________________________
◻ No Conflict of Interest exists for me at this time.
In signing this form, I understand that there are criminal and civil penalties under Arizona Revised Statues: 38-503, 38-504, 38-505, 38-509, 38-510 and 38-511 for violating the State of Arizona's laws relating to conflicts-of-interest. I also understand this activity is prohibited under PUSD No. 11 Policy Manual.
Employee ID No.: 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.
_______________________Signature: _ _____________________________ Name: ______________
School/Location: 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, ________________________ Department: _______, 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________Telephone: _____________________ School District.
_________ Date: _______________ _____
Return completed form to:
Business Services Office - District Administration Center
_______________________________________________
1 "Substantial Interest" Defined: A substantial interest" is any financial or ownership interest, direct or indirect, that isn't a "remote interest." For instance, employment by a firm creates a substantial interest. The Situation that qualify as "remote interests" under law are very limited.2 Persons Covered: The law covers PUSD officers and full-time, part-time and contract employees. Also, any substantial interest of these relatives will be attributed to you, spouse, child, grandchild, parent, grandparent, brother or sister - whole or half blood - and their spouses and parents, or a brother, sister or child of a spouse. Date Signature
All employees of the District are expected to conduct themselves in a manner consistent with effective and orderly education and to protect students and District property. No employee shall, by action or inaction, interfere with or disrupt any District activity or encourage any such disruption. No employee, other than one who has obtained authorization from the appropriate school administrator, shall carry or possess a weapon on school grounds. All employees shall at all times attempt to maintain order, abide by the policies, rules, and regulations of the District, and carry out all applicable orders issued by the Superintendent.
Potential consequences to employees of the District who violate these rules may include, but are not limited to:
● Removal A. Removal from school grounds.
● Both B. Both civil and criminal sanctions, which may include, but are not limited to, criminal proceedings under Title 13Title 13, Chapter 29, Arizona Revised Statutes.
● WarningC. Warning.● Reprimand
D. Reprimand.●
SuspensionE. Suspension.
● DismissalF. ● Having Dismissal.
G. Having consideration given to any such violations in the determination of or establishment of any pay or salary in salary in later contracts or employment, if any.
Reporting Suspected
Crimes or Incidents
Staff members are to report any suspected crime against a person or property that is a serious offense, involves a deadly weapon or dangerous instrument or that could pose a threat of death or serious injury to employees, students or others on school property. All such reports shall be communicated to the Superintendent who shall be responsible for reporting to local law enforcement.
A person who is employed by the School District or is an applicant for employment with the school School District, who is arrested for or charged with any nonappealable offense listed in section 41-1758.03, subsection B and who does not immediately report the arrest or charge to the person's supervisor or potential employer is guilty of unprofessional conduct and the person shall be immediately dismissed from employment with the School District or immediately excluded from potential employment with the School District. A person dismissed from employment for failure to report being arrested for or charged with a nonappealable offense has no right to appeal under the provisions of A.R.S. 15-539, subsection GF. Prior to an action to terminate for failure to report, an employee will be given the opportunity to provide a written explanation of circumstances or events which they believe mitigate the failure to report.
Use of Physical Force by
Supervisory Personnel
Any administrator, teacher, or other school employee entrusted with the care and supervision of a minor may use reasonable and appropriate physical force upon the minor to the extent reasonably necessary and appropriate to maintain order. Similar physical force will be appropriate in self-defense, in the defense of other students and school personnel, and to prevent or terminate the commission of theft or criminal damage to the property of the District or the property of persons lawfully on the premises of the District.
The threat or use of physical force is not justified as a response to verbal provocation alone, nor when the degree of physical force used is disproportionate to the circumstances or exceeds that necessary to avoid injury to oneself or to others or to preserve property at risk.
Adopted: date of Manual adoption <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
13-2911
13-3102
13-3111
13-3411
15-341
15-342
15-507
15-509
15-514511
15-521514
15-539
15-550
38-531
38-532
41-770
41-1758.03
A.A.C.
R7-2-205
CROSS REF.:
GCF - Professional Staff Hiring
GCMF - Professional Staff Duties and Responsibilities
JIC - Student Conduct
JK - Student Discipline
KFA - Public Conduct on School Property
REGULATION
STAFF CONFLICT OF INTEREST
To assure impartiality in hiring, no relative of the administrators listed below shall be employed in the District except as provided by statute. In each case in which state statutes apply, the administrator will file a statement with the Human Resources department, declaring the degree of relationship with any applicant seeking District employment. Thereafter, the administrator will have no discussion or involvement with anyone concerning the employment of said relative.
The administrators affected by this policy are the following:
● Superintendent;
● Deputy Superintendent;
● Chief Financial Officer;
● Administrators for K-12 Academic Services, IMT, HR, Curriculum Development;
● Director of Public Relations; and
● Director of Human Resources.
When placement is made subsequent to the adoption of Policy GBEAA and the approval of this regulation, those individuals currently serving who would be affected by the limitation imposed by this regulation may be transferred or reassigned without loss of pay as prescribed by the Superintendent.
REGULATION
STAFF CONDUCT
No employee, while on or using school property, otherwise acting as an agent, or working in an official capacity for the District shall engage in:
● Physical A. Physical or verbal abuse of, or threat of harm to, anyone.
● Causing B. Causing damage, or threat of damage, to property of the District or property of a member of the community or a or a visitor to the school when the property is located on premises controlled by the District.
● Forceful C. Forceful or unauthorized entry to or occupation of District facilities, including buildings and grounds.
● UseD. Use, possession, distribution, or sale of alcohol or of drugs or other illegal substances.
● Use E. Use of profane or abusive language, symbols, or conduct.
● Failure F. Failure to comply with lawful direction of District officials, security officers, or any other law-enforcement officerenforcement officer, or failure to identify oneself to such officials or officers when lawfully requested to do so.
● The G. The carrying or possession of a weapon on school grounds without authorization from the appropriate school administratorschool administrator.
● A H. A violation of District policies and regulations.
● I. Any conduct violating federal, state, or applicable municipal law or regulation.
● J. Any other conduct that may obstruct, disrupt, or interfere with teaching, research, service, administrative, or disciplinary or disciplinary functions of the District, or any other activity sponsored or approved by the Board.
K. The use of District resources, as defined in A.R.S. 15-511 and District Policy GBI, Staff Participation in Political Activities, to influence the outcome of an election.
In addition to the foregoing, all staff members are expected to:
● Thoroughly A. Thoroughly acquaint themselves with the rules, regulations, and other information applicable to them contained them contained within the policies of the Board.
● Conduct B. Conduct themselves in a manner consistent with effective and orderly education and to protect the students and students and the District property.
● Maintain C. Maintain order in a manner consistent with District policies and regulations.
● Comply D. Comply promptly with all orders of the Superintendent and the administrator who is their immediate supervisorimmediate supervisor.
● Dress E. Dress and maintain a general appearance that reflects their position and does not detract from the educational program educational program of the school.
● Comply F. Comply with the requirement of A.R.S. 15-515 by immediately reporting to the Superintendent or the administrator the administrator who is their immediate supervisor:
■ A 1. A violation of A.R.S. 13-3102 [possession of a deadly weapon on school grounds].
■ A 2. A violation of A.R.S. 13-3111 [possession of a firearm by a minor without authorization (in Maricopa and Pima and Pima Counties and where otherwise adopted by local ordinance)].
■ A 3. A violation of A.R.S. 13-3411 [possession, use, or intent to sell marijuana, peyote, or dangerous or narcotic or narcotic drugs, or intent to sell prescription-only drugs in a drug-free school zone (i.e., school grounds and grounds and the area within three hundred [300] feet and public property within one thousand [1,000] feet of school of school grounds, the area at a school bus stop, and a school bus)].
Any administrator receiving a report of a violation of A.R.S. 13-3102, 13-3111, or 13-3411 shall immediately report such violation to a peace officer in compliance with A.R.S. 15-515.
Receipt of Legal Papers or
Threat of Litigation
All District employees who, in the course of their employment with Peoria Unified School District, receive pleadings from a court, subpoenas from a lawyer, summonses to appear in court, or notice of claim or threats, verbal or written, from lawyers, parents, or other employees pertaining to any aspect of the School District or its employees, are required to provide their building administrator or department supervisor with copies of such documents. Employees are instructed not to respond to such documents. The employee will provide such documents to their administrator or department supervisor within twenty-four (24) hours of the time of receipt.
Within twenty-four (24) hours of receipt, building administrators and department supervisors will forward all such documents to the Superintendent. The Superintendent is responsible to determine the appropriate response and inform the Governing Board of the submitted concern.
Under the direction of the Superintendent, the District will take all steps necessary to obtain appropriate legal defense on behalf of the District and its employees.Employees of the District who violate these rules are subject to disciplinary action.
EXHIBIT
STAFF CONDUCT
NOTIFICATION CONCERNING
NONAPPEALABLE OFFENSES
Notice is herein provided, in accordance with A.R.S. 15-550, that any employee of a public school district or charter school in this state who is arrested for or charged with one (1) or more of the offenses listed below as nonappealable offenses precluding that person from receiving a fingerprint clearance card shall immediately report the arrest or charge to the person's supervisor or the person shall be immediately dismissed from employment with the public school district or charter school. A person dismissed from employment for failure to report being arrested for or charged with a nonappealable offense has no right to appeal under the provisions of A.R.S. 15-539, subsection GF.
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Further, an employee who is convicted of one (1) or more of the above listed offenses shall immediately:
● Surrender A. Surrender any certificates issued by the department of education.
● Notify B. Notify the person's employer or potential employer of the conviction.
● Notify C. Notify the department of public safety of the conviction.
● Surrender D. Surrender the person's fingerprint clearance card.
By my signature I acknowledge receipt of a copy of this notification concerning nonappealable offenses.
________________________________________ ________________________
Employee signature
Employee signature Date
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, up to and including termination of employment.
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.
Any solicitation of employees during work hours must have the prior approval of the Superintendent or the Superintendent's designee. No solicitation may be approved if it disrupts the educational process or schedule. This includes services, opinion surveys and fund-raising of any nature including United Way, American Red Cross and similar organizations. 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
(Professional Dress)
Purpose
All employees represent Peoria Unified School District; therefore professional appearance is expected in order to support a positive educational environment.
Professional appearance, as further defined in Peoria Unified School District regulation, includes:
● Reflective of an employee's position as a role model when representing the District.
● Conducive to the employees' tasks and/or environment.
● Clothing and apparel that is clean, modest and safe.
Adopted: February 23, 2012
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
REGULATION
STAFF DRESS CODE
(Professional Dress Regulations and Guidelines)
To support employees and administrators, Peoria Unified School District has adopted the following guidelines for classroom staff (both certificated and support staff) to clarify expectations. The guidelines contained herein are the District's minimum guidelines, and not an exclusive list. Administrators may develop more restrictive guidelines for their campus/department/staff, but they may not create less restrictive guidelines. Administration is expected to review these guidelines with their staff each year.
The District recognizes that employees are role models. So while denim jeans and shorts would not normally be considered standard professional attire, there are occasions/tasks where these would be deemed appropriate (i.e., District-wide fund-raising, safety). Each school may designate specific activities related to school spirit when jeans may be worn, not to exceed one (1) day per week.
In contrast, the following are considered unprofessional:
● Rubber flip flops or thong shoes.
● Clothes and accessories, visible tattoos, jewelry/piercings, hair colors, etc., that are offensive and/or distracting to learning environment.
Modest and professional dress in the District, is defined as follows:
● No visible cleavage.
● No visible undergarments.
● Clothes not worn too tight, too loose, or transparent.
● No bare midriffs.
● Skirts should be the appropriate length to allow for standing or sitting in public.
● No bare shoulders (strapless, spaghetti straps or tops with straps less than two inches (2") wide, unless worn under jacket, blouse; dress or sweater). However, sleeveless blouses that meet all the other criteria within this regulation may be acceptable.
● Exercise pants, sweatpants, sweat shirts, shorts, or other athletic clothing should not be worn unless teaching physical education, or supervising specific physical education related activities such as Reindeer Runs, Turkey Trots, Field Days, etc.
● Tennis shoes may be worn that complement the outfit, and must be clean and not athletic (shoes worn for medical reasons may require doctor's note).
● Men's shirts should have a collar, unless school spirit shirt or where shirt can be deemed professional by other standards (for example, crewneck sweaters).
● Neat clothing is clothing/apparel with:
■ No holes/tears; and
■ Not excessively wrinkled.
When addressing professional dress expectations with their staff, the supervising administrator has the decision making authority.
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 place where work is performed, including a school building or other 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 ; and off school property during or on school business. Off school property, the workplace includes any school-sponsored or school-approved activity, event, or function , such as a field trip or athletic event, where students or staff members are under the jurisdiction of the District. In addition, the workplace shall include all property owned, leased, or used by the District for any educational or District business purpose.
YOU ARE FURTHER NOTIFIED that it is a condition of your employment that you will comply with Policy GBEC, and will notify your supervisor of your conviction under any criminal drug statute for a violation occurring in the workplace, not later than five (5) days after such conviction.
Any employee who violates the terms of the District's drug-free workplace policy in any manner is subject to discipline, which may include, but is not limited to, dismissal and/or referral for prosecution.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- -
I have been provided with two (2) copies of this this Notice to Employees for for my review and signature. I understand that a signed copy will be placed in my personnel file.
______________________________________ ________________________
Signature
Signature Date
EXHIBIT
DRUG - FREE WORKPLACE
In order to comply with federal funding requirements, the District shall:
● GatherA. Gather information relative to availability of local community drug and alcohol counseling, rehabilitation,
and reentryand reentry programs that are available to employees and make such information available to employees.
● ProvideB. Provide each employee a copy of standards of conduct and the statement of disciplinary sanctions
that apply tothat apply to alcohol and drug violations. Use Exhibit GBEC-EA to notify employees that compliance
with suchwith such standards is mandatory.
The District should perform a biennial review of the programs to:
● EnsureA. Ensure that disciplinary sanctions for employees are consistently enforced.
● DetermineB. Determine program effectiveness and implement change to the program if needed.
Employee Drug Use, Abuse
or Possession
The nonmedical use, abuse, or possession of drugs and/or use or possession of alcohol is forbidden on District property or at District-sponsored activities. Employees determined to be in possession of, using, or abusing drugs or alcohol shall be reported immediately to the employee's principal or supervisor. The Superintendent shall be notified immediately.
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: October 25, 2012 <-- 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 EmployeesGBAB - Medical Marijuana Standards and Conditions for Employees
REGULATION
GIFTS TO AND SOLICITATIONS
BY STAFF MEMBERS
Solicitations
Prior to any solicitation, all school-sponsored fund-raising must receive the following:
● Approval by the principal of the school if solicitation is within the District;
● Approval by the Superintendent if solicitation is outside the District.
(Illegal Drugs)
The use or possession of intoxicants or illegal drugs on school property or at school events is prohibited.
Any person in violation of the provisions of the above paragraph shall be subject to removal from school property and shall be subject to prosecution in accordance with the provisions of the law.
Staff members of the District who are in violation of the provisions of this policy shall be subject to disciplinary actions in accordance with the provisions of school regulations.
A staff member who apparently has consumed alcoholic beverages or illegal drugs on or off school property and/or before a school activity will not be allowed to be on school property or to participate in school activities. Staff members who violate this policy will be subject to the same penalties as for possession and/or consumption on school property.
An employee of the District who, pursuant to local conditions or an employment contract with the District, resides on District property or resides in District housing may possess and use alcohol at the employee's residence subject to the following restrictions:
● The A. The employee shall not possess (except for possession at said residence), sell, offer to sell, transfer, use, or be or be under the influence of alcohol while on duty.
● Any B. Any alcohol consumption that occurs on school property when the employee is not on duty shall be done in moderation in moderation and shall occur within the employee's residence.
Adopted: date of Manual adoption <-- z2AdoptionDate -->
The possession or use of tobacco products, tobacco substitutes, electronic cigarettes, other chemical inhalation devices, or vapor products is prohibited in the following locations:
● School A. School grounds.● School
B. School buildings.
● School C. School parking lots.
● School D. School playing fields.
● School E. School buses and other District vehicles.
● OffF. Off-campus school-sponsored events.
Under the provisions of A.R.S. 36-798.03, a person who violates the prohibition is guilty of committing a petty offense.
The prohibitions do not apply to an adult when possession or use of the tobacco products are for demonstration purposes as a necessary instructional component of a tobacco prevention or cessation program that is:
● Approved A. Approved by the school.
● Established B. Established in accord with Arizona Revised Statute 15-712.
Adopted: December 17, 2013 <-- 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 StudentsKFAA - Smoking on School Premises at Public Functions
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
● shall A. shall adhere to all Governing Board policies related to technologies including but not limited to the use of District of District technology, copyright laws, student rights, parent rights, the Family Educational Rights and Privacy and Privacy Act (FERPA), staff ethics, and staff-student relations;
● are B. are responsible for the content of their posting on any form of technology through any form of communication. Employees are required to comply with all Peoria Unified School District (PUSD) policies and procedures, including those relating to the use of computer equipment, networks or electronic devices when accessing social media sites as outlined in the Acceptable Use Agreement. Any access to personal social media activities while on school property or using School District equipment must comply with those policies, and may not interfere with an employee's duties at work. Employees will be held responsible for the disclosure, whether purposeful or inadvertent, of confidential or private information that violates the privacy rights or other rights of a third party or the content of anything posted on any social media network;● shall ;
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 political position or candidate;
● in F. in all instances must be aware of his/her association with the District and ensure the related content of any posting any posting is consistent with how they wish to present themselves to colleagues, community members, parents and parents and students;
● shall G. shall not use District logos or District intellectual property without the written approval of the Superintendent;
● shall H. shall use technologies to enhance and add value to communications with all recipients and be respectful of those of those with whom they communicate;
● shall I. shall immediately report all misuse or suspected misuse of technology to their direct supervisor/administrator who administrator who in turn will immediately report to the Superintendent;
● shall J. shall comply with all applicable records management parameters established by Arizona State Library, Archives 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: July 12, 2012 <-- 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
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 -->
REGULATION
STAFF PERSONAL SECURITY
AND SAFETY
Threats
Any employee who is threatened with harm by an individual or a group while carrying out assigned duties shall immediately notify the school principal or supervisor. The principal or supervisor shall then immediately notify the Superintendent's office of the threat and together they shall take immediate steps in cooperation with the employee to provide every reasonable precaution for the employee's safety. Precautionary steps, including any advisable legal action, shall be reported to the Superintendent's office at the earliest possible time.
Eye Protective Devices
Every student, teacher, and visitor in public schools shall wear appropriate eye protective ware while participating in or when observing vocational, technical, industrial arts, art, or laboratory science activities involving exposure to:
● Molten A. Molten metals or other molten materials.
● CuttingB. Cutting, shaping, and grinding of materials.
● Heat C. Heat treatment, tempering, or kiln firing of any metal or other materials.
● Welding D. Welding fabrication processes.
● Explosive E. Explosive materials.
● Caustic F. Caustic solutions.
● Radiation G. Radiation materials.
The Board shall equip the schools with eye protective ware.
Schools may receive and expend federal, state, and local monies to provide eye protective devices.
For purposes of this procedure, eye protective ware means devices meeting the standards of the U.S.A. Standard Safety Code for head, eye, and respiratory protection, Z21-1959, and subsequent revisions thereof, approved by the United States of America Standards Institute, Inc.
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:
● The A. The exposure determination outlined below.
● The B. The schedule and method of implementation.
● The C. The procedure for the evaluation of circumstances surrounding exposure.
A copy of this Exposure Control Plan shall be accessible to employees.
This Exposure Control Plan shall be reviewed and updated at least annually and whenever necessary to reflect new or modified tasks and procedures that affect occupational exposure, and to reflect new or revised employee positions with occupational exposure.
This Exposure Control Plan shall be made available to the Assistant Secretary of Labor and the Director of the Occupational Safety and Health Administration upon request for examination and copying.
Exposure Determination
The District has determined that employee positions may involve the following levels of exposure to bloodborne pathogens as a collateral function to the primary job description:
● High A. High risk - Coaches, physical education instructors, custodians, certain special education program personnel, playground playground duty personnel, health services personnel, and security personnel.
● Moderate B. Moderate risk - Regular instructional program personnel, other special education program personnel, school level school level office personnel, maintenance personnel, food services personnel, and special assignment personnel personnel (e.g., counselors, librarians).
● Low C. Low risk - District level office personnel.
Methods of Compliance
General. Universal Universal precautions shall be observed by all District employees to prevent contact with blood or other potentially infectious materials. Under circumstances in which differentiation between body fluid types is difficult or impossible, all body fluids shall be considered potentially infectious materials.
Engineering and work practice controls:
● Engineering A. Engineering and work practice controls shall be used to eliminate or minimize employee exposure. If occupational If occupational exposure remains after institution of these controls, personal protective equipment shall also be shall also be used.
● Engineering B. Engineering controls shall be examined and maintained or replaced on a regular schedule to ensure their effectivenesstheir effectiveness.
● The C. The District shall provide hand-washing facilities that are readily accessible to employees.
● When D. When provision of hand-washing facilities is not feasible, the District shall provide either an appropriate antiseptic appropriate antiseptic hand cleanser in conjunction with clean cloth/paper towels or antiseptic towelettes. When antiseptic When antiseptic hand cleansers or towelettes are used, hands shall be washed with soap and running water as water as soon as feasible.
● The E. The District requires that employees wash their hands immediately or as soon as feasible after removal of gloves of gloves or other personal protective equipment. Supervisory personnel shall ensure compliance.
● The F. The District requires that employees wash hands and any other skin with soap and water, or flush mucous membranes mucous membranes with water immediately or as soon as feasible following contact of such body areas with blood or blood or other potentially infectious materials. Supervisory personnel shall ensure compliance.
● Contaminated G. Contaminated needles and other contaminated sharps shall not be bent, recapped, or removed except as noted as noted below. Shearing or breaking of contaminated needles is prohibited.
■ Contaminated 1. Contaminated needles and other contaminated sharps shall not be recapped or removed unless no other no other alternative is feasible or such action is required by a specific medical procedure as determined by determined by a competent medical professional qualified to make such determination.
■ Such 2. Such recapping or needle removal must be accomplished through the use of a mechanical device or a onea one-handed technique.
● Immediately H. Immediately or as soon as possible after use, contaminated reusable sharps shall be placed in appropriate containers appropriate containers until properly reprocessed.
● I. Eating, drinking, smoking, applying cosmetics or lip balm, and handling contact lenses are prohibited in work areas where there is a reasonable likelihood of occupational exposure.
● J. Food and drink shall not be kept in refrigerators, freezers, shelves, or cabinets, or on countertops or benchtops or benchtops where blood or other potentially infectious materials are present.
● All K. All procedures involving blood or other potentially infectious materials shall be performed in such a manner as to as to minimize splashing, spraying, spattering, and generation of droplets of these substances.
● Mouth L. Mouth pipetting/suctioning of blood or other potentially infectious materials is prohibited.
● M. Specimens of blood or other potentially infectious materials shall be placed in a container that prevents leakage prevents leakage during collection, handling, processing, storage, transport, or shipping.
■ The 1. The container for storage, transport, or shipping shall be labeled or color coded according to law and closed and closed prior to being stored, transported, or shipped. When a facility utilizes "universal precautions" in the in the handling of all specimens, the labeling/color coding of specimens is not necessary, provided containers provided containers are recognizable as containing specimens. This exemption applies only while such specimenssuch specimens/containers remain with the facility. Labeling or color coding is required when such specimenssuch specimens/containers leave the facility.
■ If 2. If outside contamination of the primary container occurs, the primary container shall be placed within a second a second container that prevents leakage during handling, processing, storage, transport, or shipping and is and is labeled or color coded according to the requirements of this standard.
■ If 3. If the specimen could puncture the primary container, the primary container shall be placed within a secondary a secondary container that is puncture resistant in addition to the above characteristics.
● Equipment N. Equipment that may become contaminated with blood or other potentially infectious materials shall be examined prior to servicing or shipping and shall be decontaminated as necessary, unless the decontamination of such equipment or portions of such equipment is not feasible as determined by a supervisory employee supervisory employee assigned to make such determination.
■ A 1. A readily observable label in accordance with law shall be attached to the equipment stating which portions which portions remain contaminated.
■ This 2. This information shall be conveyed to all affected employees, the servicing representative, and/or the manufacturerthe manufacturer, as appropriate, prior to handling, servicing, or shipping so that appropriate precautions will precautions will be taken.
Personal protective equipment:
● A. Provision. When When occupational exposure occurs, the District shall provide, at no cost to the employee, appropriate appropriate personal protective equipment such as, but not limited to, gloves, gowns, laboratory coats, face face shields or masks and eye protection, and mouthpieces, resuscitation bags, pocket masks, or other ventilation other ventilation devices. Personal protective equipment will be considered "appropriate" only if it does not permit not permit blood or other potentially infectious materials to pass through to or reach the employee's work clotheswork clothes, street clothes, undergarments, skin, eyes, mouth, or other mucous membranes under normal conditions normal conditions of use and for the duration of time that the protective equipment will be used.
● B. Use. The The District requires that all exposed employees use appropriate personal protective equipment unless the unless the District documents that a specific employee temporarily and briefly declined to use personal protective equipment protective equipment when, under rare and extraordinary circumstances, it was such employee's professional judgment that judgment that in the specific instance its use would have prevented the delivery of health care or public safety services or services or would have posed an increased hazard to the safety of the worker or co-worker. When the employee makes this judgment, the circumstances shall be reported by the employee and investigated and documented by documented by the District in order to determine whether changes can be instituted to prevent such occurrences in the futurethe future.
● C. Accessibility. Appropriate Appropriate personal protective equipment in the appropriate sizes must be readily accessible at accessible at the work site or issued to employees. Hypoallergenic gloves, glove liners, powderless gloves, or other similar other similar alternatives shall be readily accessible to employees who are allergic to the gloves normally provided.
● D. Cleaning, laundering, and disposal. The The District shall clean, launder, and dispose of personal protective equipment protective equipment required in this standard, at no cost to the employee.
● E. Repair and replacement. The The District shall repair or replace personal protective equipment as needed to maintain to maintain its effectiveness, at no cost to the employee.
● Any F. Any garment(s) penetrated by blood or other potentially infectious materials shall be removed immediately or as or as soon as feasible.
● All G. All personal protective equipment shall be removed prior to leaving the work area.
● When H. When personal protective equipment is removed it shall be placed in an appropriately designated area or container or container for storage, washing, decontamination, or disposal.
● I. Gloves. Gloves Gloves shall be worn when it can be reasonably anticipated that the employee may have hand contact hand contact with blood, other potentially infectious materials, mucous membranes, and nonintact skin; when performing when performing vascular access procedures; and when handling or touching contaminated items or surfaces.
■ Disposable 1. Disposable (single-use) gloves, such as surgical or examination gloves, shall be replaced as soon as practical as practical when contaminated or as soon as feasible if they are torn, punctured, or their ability to function as function as a barrier is compromised.
■ Disposable 2. Disposable (single-use) gloves shall not be washed or decontaminated for reuse.
■ Utility 3. Utility gloves may be decontaminated for reuse if the integrity of the gloves is not compromised. However However, they must be discarded if they are cracked, peeling, torn, punctured, or exhibit other signs other signs of deterioration or when their ability to function as a barrier is compromised.
Housekeeping:
● A. General. The The work site must be maintained in a clean and sanitary condition. The District shall establish, attach attach hereto, and implement an appropriate written schedule for cleaning and the method of decontamination based upon the location within the facility, type of surface to be cleaned, type of soil present, and tasks or and tasks or procedures being performed in the area.
● All B. All school activity areas are cleaned daily.
● In C. In cleaning operations involving human blood, a cleaning solution consisting of ten to one (10:1) ratio of water and water and bleach will be used.
● All D. All equipment and environmental and working surfaces shall be cleaned and decontaminated after contact with contact with blood or other potentially infectious materials.
■ Contaminated 1. Contaminated work surfaces shall be decontaminated with an appropriate disinfectant after completion of completion of procedures, immediately or as soon as feasible when surfaces are overtly contaminated or after any spill any spill of blood or other potentially infectious materials, and at the end of the work shift if the surface may have may have become contaminated since the last cleaning.
■ Protective 2. Protective coverings - such as plastic wrap, aluminum foil, or imperviously backed absorbent paper used to paper used to cover equipment and environmental surfaces - shall be removed and replaced as soon as feasible as feasible when they become overtly contaminated or at the end of the work shift if they may have become have become contaminated during the shift.
■ All 3. All bins, pails, cans, and similar receptacles intended for reuse that have a reasonable likelihood of becoming of becoming contaminated with blood or other potentially infectious materials shall be inspected and decontaminated and decontaminated on a regularly scheduled basis and cleaned and decontaminated immediately or as soon as soon as feasible upon visible contamination.
■ Broken 4. Broken glassware that may be contaminated shall not be picked up directly with the hands. It shall be cleaned be cleaned up using mechanical means such as a brush and dust pan, tongs, or forceps.
■ Reusable 5. Reusable sharps that are contaminated with blood or other potentially infectious materials shall not be stored be stored or processed in a manner that requires employees to reach by hand into the containers where these where these sharps have been placed.
● E. Regulated waste:
■ Contaminated 1. Contaminated sharps discarding and containment:
⇒ Contaminated a. Contaminated sharps shall be discarded immediately or as soon as feasible in containers that are:
♦ ClosableI. ♦ Closable.
II. Puncture resistant.
♦ Leakproof III. Leakproof on sides and bottom.
♦ Labeled IV. Labeled or color coded.
⇒ During b. During use, containers for contaminated sharps shall be:
♦ Easily I. Easily accessible to personnel and located as close as is feasible to the immediate area where area where sharps are used or can be reasonably anticipated to be found (e.g., laundries).
♦ II. Maintained upright throughout use.
♦ Replaced III. Replaced routinely and not be allowed to overfill.
⇒ When c. When moving containers of contaminated sharps from the area of use, the containers shall be:
♦ Closed I. Closed immediately prior to removal or replacement to prevent spillage or protrusion of contents of contents during handling, storage, transport, or shipping.
♦ Placed II. Placed in a secondary container if leakage is possible. The second container shall be:
ùi. Closable.
ùii. Constructed to contain all contents and prevent
leakage during handling
leakage during handling, storage,
transport, or
shipping.
iii. Labeled or color coded.
⇒ Reusable d. Reusable containers shall not be opened, emptied, or cleaned manually or in any other manner that manner that would expose employees to the risk of percutaneous injury.
■ Other 2. Other regulated waste containment:
⇒ Regulated a. Regulated waste shall be placed in containers that are:
♦ ClosableI. ♦ Constructed Closable.
II. Constructed to contain all contents and prevent leakage of fluids during handling, storage storage, transport, or shipping.
♦ Labeled III. Labeled or color coded.
♦ Closed IV. Closed prior to removal to prevent spillage or protrusion of contents during handling, storage storage, transport, or shipping.
⇒ If b. If outside contamination of the regulated waste container occurs, it shall be placed in a second containersecond container. The second container shall be:
♦ ClosableI. ♦ Constructed Closable.
II. Constructed to contain all contents and prevent leakage of fluids during handling, storage storage, transport, or shipping.
♦ Labeled III. Labeled or color coded.
♦ Closed IV. Closed prior to removal to prevent spillage or protrusion of contents during handling, storage storage, transport, or shipping.
■ Disposal 3. Disposal of all regulated waste shall be in accordance with applicable regulations of the United States, states, territories, and political subdivisions of states and territories.
● F. Laundry:
■ Contaminated 1. Contaminated laundry shall be handled as little as possible, with a minimum of agitation.
⇒ Contaminated a. Contaminated laundry shall be bagged or containerized at the location where it was used and shall not be sorted or rinsed in the location of use.
⇒ Contaminated b. Contaminated laundry shall be placed and transported in bags or containers labeled or color coded. When a facility utilizes universal precautions in the handling of all soiled laundry, alternative labeling or color coding is sufficient if it permits all employees to recognize the containers as requiring compliance with universal precautions.
⇒ Whenever c. Whenever contaminated laundry is wet and presents a reasonable likelihood of soak-through of or leakage through of or leakage from the bag or container, the laundry shall be placed and transported in bags or containers that prevent soaking-through and/or leakage of fluids to the exterior.
■ Employees 2. Employees who have contact with contaminated laundry must wear protective gloves and other appropriate other appropriate personal protective equipment.
■ When 3. When a facility ships contaminated laundry off-site to a second facility, which does not utilize universal precautions universal precautions in the handling of all laundry, the facility generating the contaminated laundry must place such place such laundry in bags or containers that are labeled or color-coded.
Hepatitis B Vaccination and Postexposure
Evaluation and Follow-up
General:
● A. The District shall make available the hepatitis B vaccine and vaccination series to all employees who have who have occupational exposure, and postexposure evaluation and follow-up to all employees who have had have had an exposure incident.
● The B. The District requires that all medical evaluations and procedures, including the hepatitis B vaccine, and vaccination and vaccination series and postexposure evaluation and follow-up, including prophylaxis, are:
■ Made 1. Made available at no cost to the employee.
■ Made 2. Made available to the employee at a reasonable time and place.
■ Performed 3. Performed by or under the supervision of a licensed physician or by or under the supervision of another licensed another licensed health care professional.
■ Provided 4. Provided according to recommendations of the U.S. Public Health Service current at the time these evaluations these evaluations and procedures take place, except as specified in this section on hepatitis B vaccination and vaccination and postexposure evaluation and follow-up.
● The C. The District requires that all laboratory tests be conducted by an accredited laboratory at no cost to the employeethe employee.
Hepatitis B vaccination:
● Hepatitis A. Hepatitis B vaccination shall be made available after the employee has received the training required and within and within ten (10) working days of initial assignment to all employees who have occupational exposure unless the employee the employee has previously received the complete hepatitis B vaccination series, antibody testing has revealed has revealed that the employee is immune, or the vaccine is contraindicated for medical reasons.
● The B. The District shall not make participation in a prescreening program a prerequisite for receiving hepatitis B vaccinationB vaccination.
● If C. If the employee initially declines hepatitis B vaccination but at a later date while still covered under the standard the standard decides to accept the vaccination, the District shall make available hepatitis B vaccination at that at that time.
● The D. The District requires all employees who decline to accept hepatitis B vaccination that is offered to sign the following the following statement:
I understand that due to my occupational exposure to blood or other potentially infectious materials I may be at risk of acquiring hepatitis B virus (HBV) infection. I have been given the opportunity to be vaccinated with hepatitis B vaccine, at no charge to myself. However, I decline hepatitis B vaccination at this time. I understand that by declining this vaccine, I continue to be at risk of acquiring hepatitis B, a serious disease. If in the future I continue to have occupational exposure to blood or other potentially infectious materials and I want to be vaccinated with hepatitis B vaccine, I can receive the vaccination series at no charge to me.
● If E. If a routine booster dose(s) of hepatitis B vaccine is recommended by the U.S. Public Health Service at a future a future date, such booster dose(s) shall be made available.
Postexposure evaluation and follow-up. Following a report of an exposure incident, the District shall make immediately available to the exposed employee a confidential medical evaluation and follow-up, including at least the following elements:
● Documentation A. Documentation of the route(s) of exposure, and the circumstances under which the exposure incident occurredincident occurred.
● Identification B. Identification and documentation of the source individual, unless the District can establish that identification is infeasible is infeasible or prohibited by state or local law.
■ The 1. The source individual's blood shall be tested as soon as feasible, and after consent is obtained, in order to order to determine HBV and HIV infectivity. If consent is not obtained, the District shall establish that legally required legally required consent cannot be obtained. When the source individual's consent is not required by law, the source the source individual's blood, if available, shall be tested and the result documented.
■ When 2. When the source individual is already known to be infected with HBV or HIV, testing for the source individualsource individual's known HBV or HIV status need not be repeated.
■ Results 3. Results of the source individual's testing shall be made available to the exposed employee, and the employee the employee shall be informed of applicable laws and regulations concerning disclosure of the identity and identity and infectious status of the source individual.
● Collection C. Collection and testing of blood for HBV and HIV serological status:
■ The 1. The exposed employee's blood shall be collected as soon as feasible and tested after consent is obtainedis obtained.
■ If 2. If the employee consents to base-line blood collection, but does not give consent at that time for HIV serologic HIV serologic testing, the sample shall be preserved for at least ninety (90) days. If within ninety (90) days of days of the exposure incident the employee elects to have the base-line sample tested, such testing shall be done be done as soon as feasible.
● Postexposure D. Postexposure prophylaxis, when medically indicated, as recommended by the U.S. Public Health Service.
● CounselingE. ● Evaluation Counseling.
F. Evaluation of reported illnesses.
Information provided to the health care professional:
● The A. The health care professional responsible for the employee's hepatitis B vaccination shall be provided a copy of this of this document.
● The B. The health care professional evaluating an employee after an exposure incident shall be provided the following the following information:
■ A 1. A copy of this document.
■ A 2. A description of the exposed employee's duties as they relate to the exposure incident.
■ Documentation 3. Documentation of the route(s) of exposure and circumstances under which exposure occurred.
■ Results 4. Results of the source individual's blood testing, if available.
■ All 5. All medical records relevant to the appropriate treatment of the employee, including vaccination status, that that are the District's responsibility to maintain.
Health care professional's written opinion. The The District shall obtain and provide the employee with a copy of the evaluating health care professional's written opinion within fifteen (15) days of the completion of the evaluation.
● The A. The health care professional's written opinion for hepatitis B vaccination shall be limited to whether hepatitis B vaccination B vaccination is indicated for an employee and whether the employee has received such vaccination.
● The B. The health care professional's written opinion for postexposure evaluation and follow-up shall be limited to the following the following information:
■ That 1. That the employee has been informed of the results of the evaluation.
■ That 2. That the employee has been told about any medical conditions resulting from exposure to blood or other potentially other potentially infectious materials that require further evaluation or treatment.
● All C. All other findings or diagnoses shall remain confidential and shall not be included in the written report.
Medical record keeping. Medical Medical records required by this standard shall be maintained.
Communication of Hazards
to Employees
Labels:
● Warning A. Warning labels shall be affixed to containers of regulated waste, refrigerators and freezers containing blood or other blood or other potentially infectious material, and other containers used to store, transport, or ship blood or other potentially other potentially infectious materials, except as provided in law.
● These B. These labels shall contain the "biohazard" label.
● These C. These labels shall be fluorescent orange or orange-red or predominantly so, with lettering or symbols in a contrasting a contrasting color.
● Labels D. Labels are required to be affixed as close as feasible to the container by string, wire, adhesive, or other method other method that prevents their loss or unintentional removal.
● Red E. Red bags or red containers may be substituted for labels.
● Containers F. Containers of blood, blood components, or blood products that are labeled as to their contents and have been released been released for transfusion or other clinical use are exempted from the labeling requirements of this section on communication on communication of hazards to employees.
● Individual G. Individual containers of blood or other potentially infectious materials that are placed in a labeled container during container during storage, transport, shipment, or disposal are exempted from the labeling requirements.
● Labels H. Labels required for contaminated equipment shall be in accordance with this section and shall also state which state which portions of the equipment remain contaminated.
● I. Regulated waste that has been decontaminated need not be labeled or color coded.
Information and training:
● All A. All employees with occupational exposure shall participate in a training program, which must be provided at no cost no cost to the employees and during working hours.
● Training B. Training shall be provided as follows:
■ At 1. At the time of initial assignment to tasks where occupational exposure may take place.
■ Within 2. Within ninety (90) days after the effective date of the standard.
■ At 3. At least annually thereafter.
● For C. For employees who have received training on bloodborne pathogens in the year preceding the effective date of the standard, only training with respect to the provisions of the standard that were not included need be provided.
● Annual D. Annual training for all employees shall be provided within one (1) year of their previous training.
● The E. The District shall provide additional training when changes such as modification of tasks or procedures or institution of new tasks or procedures affects the employee's occupational exposure. The additional training may be limited to addressing the new exposures created.
● Material F. Material appropriate in content and vocabulary to educational level, literacy, and language of employees shall be used.
● The G. The training program shall contain at a minimum the following elements:
■ An 1. An accessible copy of the regulatory text of this standard and an explanation of its contents.
■ A 2. A general explanation of the epidemiology and symptoms of bloodborne diseases.
■ An 3. An explanation of the modes of transmission of bloodborne pathogens.
■ An 4. An explanation of the District's Exposure Control Plan and the means by which the employee can obtain a obtain a copy of the written plan.
■ An 5. An explanation of the appropriate methods for recognizing tasks and other activities that may involve exposure involve exposure to blood and other potentially infectious materials.
■ An 6. An explanation of the use and limitations of methods that will prevent or reduce exposure, including appropriate including appropriate engineering controls, work practices, and personal protective equipment.
■ Information 7. Information on the types, proper use, location, removal, handling, decontamination, and disposal of personal of personal protective equipment.
■ An 8. An explanation of the basis for selection of personal protective equipment.
■ Information 9. Information on the hepatitis B vaccine, including information on its efficacy, safety, method of administrationof administration, the benefits of being vaccinated, and that the vaccine and vaccination will be offered be offered free of charge.
■ Information 10. Information on the appropriate actions to take and persons to contact in an emergency involving blood or blood or other potentially infectious materials.
■ An 11. An explanation of the procedure to follow if an exposure incident occurs, including the method of reporting of reporting the incident and the medical follow-up that will be made available.
■ Information 12. Information on the postexposure evaluation and follow-up that the District is required to provide for the employee the employee following an exposure incident.
■ An 13. An explanation of the labels and/or color coding required.
■ An 14. An opportunity for interactive questions and answers with the person conducting the training session.
● The H. The person conducting the training shall be knowledgeable in the subject matter covered by the elements contained elements contained in the training program as it relates to the workplace that the training will address.
Record Keeping
Medical records:
● The A. The District shall establish and maintain an accurate record for each employee with occupational exposure as defined as defined herein.
● This B. This record shall include:
■ The 1. The name and Social Security number of the employee.
■ A 2. A copy of the employee's hepatitis B vaccination status, including the dates of all hepatitis B vaccinations B vaccinations and any medical records relative to the employee's ability to receive vaccination.
■ A 3. A copy of all results of examinations, medical testing, and follow-up procedures.
■ The 4. The District's copy of the health care professional's written opinion.
■ A 5. A copy of the information provided to the health care professional.
● C. Confidentiality. The District shall ensure that employee medical records required by law are:
■ Kept 1. Kept confidential.
■ Not 2. Not disclosed or reported, without the employee's express written consent, to any person within or outside or outside the workplace, except as required by law.
● The D. The District shall maintain the records required by law for at least the duration of employment plus thirty (30) years years.
Training records:
● Training A. Training records shall include the following information:
■ The 1. The dates of the training sessions.
■ The 2. The contents or a summary of the training sessions.
■ The 3. The names and qualifications of persons conducting the training.
■ The 4. The names and job titles of all persons attending the training sessions.
● Training B. Training records shall be maintained for three (3) years from the date on which the training occurred.
Availability:
● The A. The District shall ensure that all records required to be maintained shall be made available, upon request, to the to the Assistant Secretary of Labor and the Director of the Occupational Safety and Health Administration for examination for examination and copying.
● Employee B. Employee training records required by law shall be provided upon request for examination and copying to employeescopying to employees, to employee representatives, to the Director of the Occupational Safety and Health AdministrationHealth Administration, and to the Assistant Secretary of Labor.
● Employee C. Employee medical records required by law shall be provided upon request, for examination and copying, to the to the subject employee, to anyone having written consent of the subject employee, to the Director of the Occupational the Occupational Safety and Health Administration, and to the Assistant Secretary of Labor.
Transfer of records:
● The A. The District shall comply with the legal requirements involving transfer of records.
● If B. If the District ceases to do business and there is no successor district to receive and retain the records for the prescribed the prescribed period, the District shall notify the Director of the Occupational Safety and Health Administration, at least at least three (3) months prior to their disposal, and transmit them to the Director of the Occupational Safety and Health and Health Administration, if required by the Director of the Occupational Safety and Health Administration to do sodo so, within that three (3) month period.
Measles (Rubeola)
It shall be a condition of employment that, unless exempted, all employees, including substitutes, shall present proof of immunity to rubeola (measles) prior to reporting for work.
Evidence of immunity to measles shall consist of:
● A. A record of immunization against measles with a live virus vaccine given on or after the first birthday; or
● A B. A statement, signed by a licensed physician or a state or local health officer, that affirms serologic evidence of evidence of having had measles.
● Anyone C. Anyone born prior to January 1, 1957 shall be considered to be immune to measles. (Rubeola)
German Measles (Rubella)
Similarly, unless exempted, all employees, including substitutes, shall present proof of immunity to rubella (German measles) prior to reporting for work.
Evidence of immunity to rubella shall consist of:
● A. A record of immunization against rubella given on or after the first birthday; or
● A B. A statement, signed by a licensed physician or a state or local health officer, that affirms serologic evidence of evidence of having had rubella.
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 discretionary sick leave during the period they are excluded from work due to the outbreak. If a staff member does not have any earned discretionary 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.
I88-037
REGULATION
WORKERS' COMPENSATION
Any employee who has an accident, no matter how slight, while on duty shall notify the supervisor immediately. Failure to follow this procedure could result in the loss of workers' compensation benefits.
After being notified by an employee, the supervisor shall complete and submit the Report of Industrial Injury to the District office.
The Superintendent, upon receiving the supervisor's report, shall, within ten (10) days after notification, submit the Report of Industrial Injury to the insurance carrier.
Compensation Claims
When a job-related injury/accident requires medical attention and absence from the workplace, the following conditions shall apply:
A. The physician will be responsible for reporting the circumstances of the injury to the District, the Industrial Commission, and the District's insurance carrier.
B. During the first seven (7) days of absence due to a job-related injury/accident, the employee will be placed on sick leave, provided the employee has accumulated sufficient sick leave.
C. If a job-related injury/accident results in more than seven (7) days absence, the insurance carrier will be responsible for handling the claim for lost pay. During such period the employee may be directed to:
1. Endorse over to the District the payments received from the insurance carrier, continue to receive a regular salary, and be charged sick leave. When the amount of the insurance payment is determined and received by the District, the employee's sick leave record will be adjusted for that fraction of the time paid by the insurance carrier (e.g., the insurance carrier pays one-half [1/2] of the normal salary of the employee, the sick leave will be adjusted on a pro rata basis); or
2. Draw compensation from the insurance carrier, provide the District with a record of such payment, and receive payment for sick leave pay for the uncompensated portion of missed time, up to the limit of accumulated sick leave.
D. In no event will an employee receive a combined salary and worker's compensation in excess of the employee's regular salary.
E. An employee who has used all accumulated sick leave will be removed from the payroll and will receive only such amounts as are paid by the District's insurance carrier.
REGULATION
WELLNESS PROGRAMS
Unless legally exempted, all staff members must show proof of immunity to measles and rubella [see GBGCA].
Measles (Rubeola)
Acceptable proof of immunity to measles shall consist of:
● A. A record of immunization against measles with a live virus vaccine given on or after the first birthday; or
● A B. A statement, signed by a licensed physician or a state or local health officer, that affirms serologic evidence of evidence of having had measles.
● Anyone C. Anyone born prior to January 1, 1957 shall be considered to be immune to measles. (Rubeola)
German Measles (Rubella)
Evidence of immunity to rubella shall consist of:
● A. A record of immunization against rubella given on or after the first birthday; or
● A B. A statement, signed by a licensed physician or a state or local health officer, that affirms serologic evidence of evidence of having had rubella.
General Information
In the event of an outbreak of either disease, memory of immunization date is not acceptable; medical documentation of immunity is required.
Staff members who are not in compliance shall be put on leave without pay until they are in compliance.
In the event of an outbreak of measles or rubella, nonimmune staff members, including those who utilize the exemption, must be excluded from school.
Implementing Policy
The District shall generate a list of all employees to identify those who need proof of immunity to measles.
The Superintendent shall distribute information about the District's policy on measles and rubella.
The Superintendent shall collect proof of immunity from staff members and compile a list denoting immunity or nonimmunity of staff members.
Nonimmune staff members shall be referred for vaccine to a physician or the County Health Department. Their records will be updated as they receive vaccine.
Maintaining Policy
Throughout each school year, new staff members shall be required to show proof of immunity before employment.
A list of nonimmune employees shall be maintained and updated throughout the year.
(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 Regulation JLCB-R.
If an outbreak of a communicable disease occurs in a school setting, the Superintendent or the school nurse shall promptly inform staff members who are known to have special vulnerability to infection. The District does not assume any duty to notify an employee of health risks caused by the presence of a communicable disease in the school setting unless the at-risk employee has notified the District of the conditions when notification is needed.
Confidentiality
The District shall make reasonable efforts to maintain the confidentiality of staff members' medical conditions. All medical information relating to employees is confidential. The identity of a staff member who has a communicable disease and/or the nature of the communicable disease may be disclosed only to:
● Staff A. Staff members who must have such information to carry out their duties under this policy; or
● Staff B. Staff members or students (or their parents/guardians) who must have such information to protect themselves from themselves from direct threat to their health or safety.
Inquiries or concerns by staff members or others regarding communicable diseases or a staff member who is known or believed to have a communicable disease shall be directed to the Superintendent or the school nurse.
Universal Precautions
The District shall follow the "Universal Precautions Standard" set forth in the attached Exhibit GBGCB-E to protect employees who are at risk of being exposed to blood and body fluids in the course of their work.
Food Service Workers
The District shall follow the guidance of the U.S. Department of Health and Human Services concerning infectious and communicable diseases transmitted through the handling of food, and special precautions required for food services workers.
HIV/AIDS
Current medical information indicates that HIV can be transmitted by sexual intercourse with an infected partner, by injection of infected blood products, and by transmission from an infected mother to her child in utero or during the birth process. None of the identified cases of HIV infection in the United States are known to have been transmitted in a school setting or through any other casual person-to-person contact. There is no evidence that HIV is spread by sneezing, coughing, shaking hands, hugging, or sharing toilets, food, water, or utensils. According to best medical knowledge and judgments, the use of the "universal precautions" and other procedures that implement this policy are sufficient to protect staff members and students from transmission of HIV at school.
Adopted: date of 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
EXHIBIT
STAFF HEALTH AND SAFETY
COMMUNICABLE DISEASES
Handling Body Fluids in School
The following guidelines are meant to provide simple and effective precautions against transmission of disease for all people potentially exposed to the blood or body fluids of any person (student and/or school employee). No distinction is made between body fluids from persons with a known disease or those from persons without symptoms or with an undiagnosed disease.
The body fluids of all people should be considered to contain potentially infectious agents. The term term body fluids includes includes blood, semen, drainage from scrapes and cuts, feces, urine, vomit, respiratory secretions (such as nasal discharge), and saliva.
● Whenever A. Whenever possible, avoid direct skin contact with body fluids. Disposable gloves are recommended when direct when direct hand contact with body fluids is anticipated. If extensive contact is made with body fluids, hands must be must be washed afterwards. Gloves used for this purpose should be put in a plastic bag, secured, and disposed of dailydisposed of daily.
● If B. If direct skin contact does occur, hands and other affected skin areas of all exposed people shall be routinely washed routinely washed with soap and water.
● Proper C. Proper handwashing requires the use of soap and water and vigorous washing under a stream of running water running water for approximately ten (10) seconds.
● Clothing D. Clothing and other nondisposable items that are soaked through with body fluids should be rinsed and placed and placed in plastic bags. If presoaking is required to remove stains, rinse or soak the item in cold water prior to baggingwater prior to bagging. Clothing should be sent home with the student for washing, with appropriate directions to directions to parents and teachers (see laundry see laundry instructions below). Always Always wear gloves when handling items that have that have come in contact with body fluids.
● Contaminated E. Contaminated disposable items shall be handled with disposable gloves, put in a plastic bag, secured, and disposed and disposed of daily.
● Body F. Body fluid spills on hard surfaces (i.e., floors, countertops, books, et cetera) shall be disinfected with bleach bleach (diluted to ten [10] parts water and one [1] part bleach). Gloves shall always be worn during cleanup.
● Cleaning G. Cleaning equipment:
■ Nondisposable 1. Nondisposable cleaning equipment (such as dust pans, brooms, and buckets) shall be disinfected by thoroughly disinfected by thoroughly rinsing in diluted bleach (ten [10] parts water and one [1] part bleach). Mops shall be soaked be soaked in the disinfectant after use and then rinsed with hot water. The disinfectant solution shall be shall be promptly disposed of down a drain pipe.
■ Disposable 2. Disposable cleaning equipment (such as paper towels, the vacuum bag, or sweepings) shall be placed in placed in plastic bags, secured, and disposed of daily. No special handling is required for vacuuming equipment. Gloves shall always be used during cleanup.
● Laundry H. Laundry instructions:
■ Clothing soaked with body fluids shall be washed separately from other items. Presoaking may be required be required for heavily soiled clothing. Otherwise, wash and dry as usual. If the material can be bleached, add add one-half (1/2) cup of household bleach to the wash cycle. If the material is not colorfast, add one-half (1/2) cup of all-fabric bleach to the wash cycle.
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
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:
● Analyze A. Analyze the job and determine its purpose and essential functions.
● Consult B. Consult with the employee to determine the precise job limitations imposed by the attending physician.
● Determine C. Determine if the employee can perform the duties of the job.
● Analyze D. Analyze the risk of reinjury or deterioration of the employee's condition.
Adjustments in the job description for personal accommodations such as an amenity or convenience that is not job related shall not be the responsibility of the District. The District shall require that all aspects of the job description be performed adequately.
The Board recognizes the right of its employees, as citizens, to engage in political activity. However, school time, personnel, equipment, supplies, materials, buildings, or other resources may not be used to influence the outcomes of elections.
A staff member, a person acting on behalf of the District or a person who aids another person acting on behalf of the District shall be guided by the following:
● No A. No employee shall engage in political activities upon property under the jurisdiction of the Board. Employees in Employees in their individual capacities may exercise their political liberties on property leased from the school for that purposethat purpose.
● The B. The prohibition on the use of public resources to influence the outcome of bond, budget override and other tax-related elections includes the use of School District-focused promotional expenditures that occur after an after an election is called and through election day. This prohibition does not include routine School District communications District communications which are messages or advertisements that are germane to the functions of the School District School District and that maintain the frequency, scope and distribution consistent with past practices or are necessary for public safety.
● Campaigning C. Campaigning and other election activities must be done in off-duty hours, when not working in an official official capacity or representing the District, and without the participation of District employees or students acting acting in the capacity of District or school representatives.
● Invitations D. Invitations to participate in election activities on a given campus, except when extended by groups leasing or using or using school facilities, shall be permitted only when such invitations are to all candidates for the office. The rental The rental use of District District property by a private private person or entity entity that may lawfully attempt attempt to influence influence the outcome of an election is permitted outcome of an election is permitted if it does not occur at the same time and place as a related District-sponsored forum sponsored forum or debate.
● Political E. Political circulars or petitions may not be posted or distributed in school.
● The F. The collection of campaign funds and/or the solicitation of campaign workers is prohibited on school property.
● Students G. Students may not be given written materials to influence the outcome of an election or to advocate support for or for or opposition to pending or proposed legislation.
● Students H. Students may not be involved in writing, addressing or distribution of material intended to influence the outcome the outcome of an election or to advocate support for or opposition to pending or proposed legislation.
Employees of the District may not use the authority of their position to influence the vote or political activities of any subordinate employee.
District employees who hold elective or appointive office are not entitled to time off from their school duties for reasons incident to such offices, except as such time may qualify under the leave policies of the Board.
The discussion and study of politics and political issues, when such discussion and study are appropriate to classroom studies, are not precluded under the provisions of this policy.
District employees shall be permitted time as provided in statute, if required, to vote in the primary or general election.
The District may distribute informational reports on a proposed budget override election as provided in A.R.S. 15-481 and on a proposed bond election as provided in A.R.S. 15-491 if those informational reports present factual information in a neutral manner, except for those arguments allowed under A.R.S. 15-481.
Nothing in this policy shall preclude the District from producing and distributing impartial information on elections other than District budget override elections or reporting on official actions of the Governing Board.
The District shall not make expenditures for literature associated with a campaign conducted by or for a District official.
Adopted: September 24, 2015 <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-481
15-511
15-903
16-402
A.G.O.
I15-002
REGULATION
STAFF GRIEVANCES
Definitions
A grievance is a complaint by a District employee alleging a violation or misinterpretation, as to the employee, of any District policy or regulation that directly and specifically governs the employee's terms and conditions of employment. The term grievance shall not apply to any matter for which the method of review is prescribed by law, or the Governing Board is without authority to act. The suspension or dismissal of employees is covered by statute and, therefore, is not a grievable matter. Assignment, reassignment, or transfer of an employee to another position or duties is not grievable beyond the Superintendent unless there is a reduction in compensation or the Superintendent requests that it go to the Board.
A grievant shall be any employee of the District filing a grievance.
Terms and conditions of employment means the hours of employment, the compensation therefor, including fringe benefits, and the employer's personnel policies directly affecting the employee. In the case of professional employees, the term does not include educational policies of the District. A day is any day during which the District conducts business. The immediate supervisor is the lowest-level administrator having line supervisory authority over the grievant.
Informal Level
Before filing a formal written grievance, the grievant must attempt to resolve the matter by one (1) or more informal conferences with the immediate supervisor. The first of these informal conferences must be conducted within ten (10) days after the employee knew, or should have known, of the act or omission giving rise to the grievance. A second or any subsequent conference must occur within five (5) days after the initial informal conference, or any subsequent conference.
Formal Level
Level I. Within fifteen (15) days after the employee knew, or should have known, of the act or omission giving rise to the grievance, the grievant must present the grievance in writing to the immediate supervisor.
The grievance shall be a clear, concise statement of the circumstances giving rise to the grievance, a citation of the specific article, section, and paragraph of the policy or regulation that directly and specifically governs the employee's terms and conditions of employment that are alleged to have been violated, the decision rendered at the informal conference, and the specific remedy sought.
The immediate supervisor shall communicate a decision to the employee in writing within five (5) days after receiving the grievance.
Within the above time limits either party may request a personal conference to attempt to resolve the matter.
Level II. In the event the grievant is not satisfied with the decision at Level I, the decision may be appealed to the Superintendent within five (5) days after receipt of the decision.
The appeal shall include a copy of the original grievance, the decision rendered, and a clear, concise statement of the reasons for the appeal. The Superintendent shall communicate a decision within five (5) days after receiving the appeal. Either the grievant or the Superintendent may request a personal conference within the above time limits.
Level III. If the grievant is not satisfied with the decision at Level II, the grievant may, within five (5) days, submit an appeal in writing to the Superintendent for consideration by the Governing Board.
General Provisions
Section 1. Failure at any step of this procedure to appeal a grievance to the next step within the specified time limits shall be deemed an acceptance of the decision rendered at that step, and there shall be no further right of appeal. Failure to file a grievance within fifteen (15) days after the employee knew, or should have known, of the circumstances upon which the grievance is based shall constitute a waiver of that grievance.
Section 2. The filing or pendency of any grievance under the provisions of this policy shall in no way operate to impede, delay, or interfere with the jurisdiction of the Governing Board or the Superintendent.
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:
● Use A. Use an individual's social security number on forms of identification.
● Transmit B. Transmit to another individual material that contains both the individual's social security number and the individualthe individual's financial institution account number. This does not preclude the transmission of documents 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.
41-1346 et seq.
41-1482
CROSS REF.:
DKA - Payroll Procedures/Schedules
KDB - Public's Right to Know/Freedom of Information
EXHIBIT
STAFF GRIEVANCES
LEVEL I GRIEVANCE FORM A
FORMAL GRIEVANCE PRESENTATION
To be completed by grievant within five (5) days after the last informal conference but no later than fifteen (15) days after the employee knew or should have known of the act or omission giving rise to the grievance.
Date of last informal
Grievant __________________ presentation _________________________
Immediate
School ___________________ supervisor ___________________________
Assignment ______________________________________________________
Policy or regulation alleged to have been violated ________________________
Statement of grievance:
Action requested:
____________________________________
Signature of grievant
EXHIBIT
PERSONNEL RECORDS AND FILES
A person or entity shall not, unless specifically provided by law:
● IntentionallyA. Intentionally communicate or make an individual's social security number available to the general public.
● PrintB. Print an individual's social security number on any card required for the individual to receive services.
● RequireC. Require the transmission of an individual's social security number over the internet unless providing a
secure connectionsecure connection or the social security number is encrypted.
● RequireD. Require the use of an individual's social security number to access a web site unless a password or
unique personalunique personal identification number or other authentication device is also required to access the site.
● PrintE. Print a number that the person or entity knows to be an individual's social security number on any
materials thatmaterials that are mailed to the individual unless required by law to place these numbers on the material.
■ This1. 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.
■ No2. No requirement is made to check third party submitted numbers and unless the recipient of the number has actual knowledge that the number is or includes the individual's social security number, the person or entity may print the number on materials that are mailed to the individual.
■ No3. No prohibition on mailing the individual any copy or reproduction of a document that includes a social security number is made if the social security number was included on the original document before January 1, 2005.
■ The4. The exception is that if a social security number has been used inconsistent with the use described above after January 1, 2005, so long as the usage is continuous, the person or entity may continue to use the number subject to the conditions below:
⇒ Ifa. If the use stops for any reason then the social security number cannot be used and the use
reverts toreverts to the conditions bulleted above.
⇒ Eachb. Each year the entity must provide the individual with an annual written disclosure of the individual'
s rights right to stop the use of the social security number as prohibited above.
⇒ Ifc. If an individual requests in writing, the person or entity must stop using the number in any
manner conflictingmanner conflicting with the law. No fee or charge is allowed, and the entity shall not deny services to
the individualthe individual because of the request.
The law does not prohibit the collection, use or release of a social security number required by the laws of this state or the United States or for internal verification or administrative purposes.
Unless otherwise provided by law, after January 1, 2005 documents or records recorded and made available on the recording entity's web site shall not contain more than five (5) numbers reasonably identifiable as part of a social security number and shall not contain financial account numbers. A penalty of five hundred dollars ($500) for each act of recording is possible.
EXHIBIT
STAFF GRIEVANCES
LEVEL I GRIEVANCE FORM B
DECISION OF IMMEDIATE SUPERVISOR
To be completed by immediate supervisor within five (5) days after formal filing.
Grievant _______________________________________________________
Date of formal grievance presentation ________________________________
School ________________________________________________________
Immediate supervisor _____________________________________________
Decision of immediate supervisor
and reasons therefor:
Date of decision _____________ _________________________________
(Signature of immediate supervisor)
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Grievant's response [to be completed by the grievant within five (5) days after the decision]:
◻ I accept the above decision of the immediate supervisor.
◻ I hereby refer the above decision to the Superintendent,
with reasons detailing nonacceptance at Level I and any
relief sought (Level II).
Date of response ____________ _________________________________
(Signature of grievant)
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
EXHIBIT
STAFF GRIEVANCES
LEVEL II GRIEVANCE FORM C
REFERRAL TO SUPERINTENDENT
To be completed by grievant within five (5) days of immediate supervisor's response.
Grievant _______________________________________________________
Date of formal presentation ________________________________________
Detail reasons for nonacceptance of grievance
decisions and any relief sought:
◻ The attached grievance is hereby referred to the Superintendent.
Date of referral _____________ _________________________________
(Signature of grievant)
EXHIBIT
STAFF GRIEVANCES
LEVEL II GRIEVANCE FORM D
DECISION OF SUPERINTENDENT
To be completed by the Superintendent within five (5) days.
Grievant _______________________________________________________
Date of formal grievance presentation ________________________________
Date appeal received by Superintendent ______________________________
Date hearing held by Superintendent (optional) _________________________
Decision of Superintendent
and reasons therefore:
Date of decision ____________ __________________________________
(Signature of Superintendent)
______________________________________________________________
Grievant's response [to be completed by grievant within five (5) days after the decision]:
◻ I accept the above decision of the Superintendent.
◻ I hereby appeal to the Governing Board for a
review of this grievance (Level III).
Date of response ___________ _________________________________
(Signature of grievant)
EXHIBIT
STAFF GRIEVANCES
LEVEL III (Final Action) GRIEVANCE FORM E
REVIEW BY GOVERNING BOARD
Grievant _______________________________________________________
Date of formal grievance receipt ____________________________________
◻ The attached grievance is hereby appealed to the
Governing Board for a review.
Detail reasons for nonacceptance of grievance
decision at Level II and any relief sought:
Date appeal received by Governing Board ____________________________
BOARD RESPONSE:
◻ The Board affirms the Superintendent's response.
◻ Board rejects the Superintendent's response.
◻ Board modifies the Superintendent's response as follows:
[TO BE COMPLETED WITHIN FIFTEEN (15) DAYS OF REVIEW]
Disclosure Protected
It is a prohibited personnel practice for any District employee, who has control over personnel actions, to take reprisals against another employee for a disclosure of a matter of public concern, by that other employee, to a public body when the employee believes there has been:
● A. A violation of law.
● MismanagementB. Mismanagement, a gross waste of monies, or an abuse of authority.
An employee, or former employee, who believes that an adverse personnel action taken is the result of such person's disclosure of information under A.R.S. 38-532 shall make a complaint to the Board. The Board shall make a determination pursuant to the rules under A.R.S. 41-785.
Reporting Protected
A governing board or school district employee who has control over personnel decisions shall not take unlawful reprisal against an employee for good-faith reports about certificated personnel engaged in conduct involving minors that is reportable under A.R.S. 13-3620 (Reporting Child Abuse). Unlawful reprisal reprisal means an action taken by a governing board that results in:
● Disciplinary A. Disciplinary action.
● Transfer B. Transfer or reassignment.
● SuspensionC. Suspension, demotion, or dismissal.
● An D. An unfavorable performance evaluation.
● Other E. Other significant changes in duties or responsibility that are inconsistent with the employee's salary or salary or employment classification.
Adopted: date of 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
Anniversary Recognition
Employees take pride in their profession and affiliation with the District. To highlight this sense of accomplishment, the District will recognize those employees with ten (10), twenty (20) and thirty (30) consecutive years of service. Awards will be presented each year during a meeting that co-workers and other interested persons may attend. For the purposes of anniversary recognition, an employee must be on the District payroll more than six (6) months of any year to have it count as a year of employment.
Recognition of Retiring
Employees
Each retiree will be honored at an appropriate time. A permanent card to admit the retirees and a guest to any school function held in the District will be furnished at the time of recognition.
Adopted: date of Manual adoption
Professional staff positions are created only with the approval of the Executive CouncilBoard. 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 Executive Council 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
Any District employee, operating a District vehicle at the time of an accident, will submit to drug/alcohol testing when one (1) or more of the following occurs:
● Bodily injury or death occurs to any individual involved in the accident;
● The District employee is cited by a police officer;
● Total property damage is in excess of five hundred dollars ($500);
● There is reasonable suspicion by an administrator that drugs or alcohol may have contributed to the accident;
● If a student is a passenger at the time of the accident.
Adopted: date of manual adoption
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 provisional, basic, or standard certificates at the elementary or secondary levels.
Initial Placement on Salary PlacementSchedule. Teachers joining the District New teachers entering the system with prior teaching service and former teachers returning to service, who have met academic and professional qualifications for Arizona State Department of Education certification and Highly Qualified Requirements, will be given a maximum credit of five (5) years of substantiated teaching experience, unless they are filling a designated hard to fill position, then they will be given credit for a maximum of ten (10) years for substantiated teaching experience. In addition, certificated staff are given full credit for their education.Previous verified _____ years for substantiated experience, i.e., placed on the _____ step of the salary schedule.
Verified previous experience recognized for the purpose of placement on the salary schedule is defined as any previous full-time certificated teaching in any public school. For a teacher to receive credit for previous teaching experience, the teacher must furnish Human Resources the office of the Superintendent full information concerning the previous teaching experiencerecords. 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. To be eligible for long-term substitute teacher pay, a teacher must be teaching for at least ten (10) days in the same position.
Salary Advancement
Employees will be eligible for annual increases based on the recommendation approved by the Governing Board. Each year, the Board will consider recommendation(s) for salary advancement provided by employee committees and administration, based on available budget
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 advancement schedule include but are not limited to:
● Failure to meet established performance expectations on District performance evaluation instruments.
● Documented disciplinary action for:
■ LackA. 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.
■ Failure to maintain proper educational standards or student relationships.
■ UnprofessionalD. Unprofessional conduct.
Other Contract Provisions
To be considered eligible for an increase for the following school year, the certified employee must have worked more than one-half (1/2) of the previous year. Days missed due to a personal illness and/or other qualifying absences under the Family Medical Leave Act, may be counted when determining eligibility for an increase
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 hard difficult-to-fill certificated personnel positions placed on the teachers' salary schedule, differentials above the District may pay additional compensation. The amount will be determined in accordance with the budget and may change each yearstated 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: August 12, 2014 <-- 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
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
EI - Insurance Programs/Risk Management
GCBA - Professional Staff Salary Schedules
REGULATION
PROFESSIONAL STAFF
SALARY SCHEDULES
(Administrative Pay)
New administrators to the District will be awarded salaries in accordance with the following guidelines:
● Superintendent, Deputy Superintendent, and Assistant Superintendents: Determined by the Governing Board at the time of appointment in accordance with the salary range in effect at that time.
● Other positions requiring administrative certification: Entry level shall reflect the preparation and experience cited in the job descriptions at time of appointment. Those transferring within the District may receive appropriate consideration for up to five (5) years prior administrative experience.
● Noncertificated positions: Salary to be determined by the Governing Board based upon experience and qualifications in keeping with the salary range in effect at that time.
Those administrators in positions with salary ranges stipulated in policy will, upon initial placement, be assigned at the level for the position recommended by the Superintendent and approved by the Governing Board.
All benefits which are extended to other certified personnel shall be extended to the administrative staff. Holiday and vacation schedules for administrators may reflect differences as prescribed by policy or directive from the Superintendent. Compensation shall be as prescribed by policy and/or specified in each individual contract. However, salary increases will only be awarded to those whose performance meets or exceeds District standards as confirmed by the annual performance review and confirmed by the Superintendent. The Governing Board shall be advised of each case in which salary increases are denied. Administrators placed on a specific improvement plan will be denied salary increases until their performance is equal to or exceeds District standards.
Each staff member will be granted personal leave not to exceed two (2) days per year. No more than ten percent (10%) of the staff or other groupings of employees may take personal leave at any one time. Requests for personal leave must be received at least four (4) working days prior to the first day of leave, and must be approved by the principal.
Requests shall be acted upon in order of receipt, and the availability of substitutes, if necessary, may limit the number of requests granted at any one (1) time.
Personal leave will not be granted during the following periods:
A. On the day immediately preceding or following a holiday or vacation.
B. During the first two (2) weeks of school or the last two (2) weeks of school.
Adopted: <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-510
(Absent Without Leave)
An employee shall be deemed "absent without leave" when absent from work because of:
● A. A reason that conforms to a policy currently in effect but the maximum days provided for in that policy will that policy will be exceeded; or
● A B. A reason that does not conform to any policy currently in effect; or
● Failure C. Failure to report 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, up to and including termination, 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
(And Earned Paid Sick Time - As Defined by the
Fair Wages and Healthy Families Act of 2016)
Introduction
The District is committed to, will properly account for, and provide all employees earned paid sick time (EPST) as defined by, and in accordance with the Fair Wages and Healthy Families Act of 2016. It is the express intent of the Governing Board to meet and/or exceed the requirements of this State Law per Sections A and B of this policy and the "Paid Time Off (PTO)" provisions of the District's Employee Handbook (Section 7.7).
A. "Earned Paid Sick Time"
All employees, full and part time, will begin to accrue "Earned Paid Sick Time" (as defined by State Law) on the later of July 1, 2017, or the commencement of employment.
For employees who are assigned a minimum of twenty (20) hours per week, as detailed in Section B of this policy, the first forty (40) hours of accrued "Discretionary Leave" each fiscal year will be credited to the employee as both accrued Earned Paid Sick Time (EPST) and "Discretionary Leave" for the fiscal year. The employee may use the first forty (40) hours as permitted by Sections A and B of this policy. All earned "Discretionary Leave," other than the first forty (40) hours earned each fiscal year, will accrue and may be used by the employee only as permitted by the "Discretionary Leave" rules contained in Section B of this policy and the applicable Staff Handbook "Paid Time Off (PTO)" (Section 7.7).
Employees who are assigned Sick leave for District personnel is a designated amount of compensated leave that is to be granted to a staff member who, due to personal or family illness, injury, or quarantine, is unable to perform the duties assigned.
Each staff member shall be credited with a sick leave allowance at the rate of one (1) day per month up to ten (10) or twelve (12) days, determined by the number of months employed:
Twelve (12) month employment twelve (12) days
Ten (10) month employment ten (10) days
Sick leave is not earned by employees who work less than twenty (20) hours per week will accrue EPST at the minimum rate of one hour for thirty (30) hours worked, with a maximum accrual and use limit of forty (40) hours per fiscal year, beginning July 1 and ending June 30.
An employee may not use more than forty (40) hours of EPST in one fiscal year. Accrued EPST that is not used in one (1) fiscal year will carry over to the next fiscal year. However, use of EPST is limited to forty (40) hours per fiscal year, regardless of the amount of EPST accrued by the employee.
EPST Uses
Employees may use EPST only for:
A. The employee's preventive medical;.
The unused portion of such allowance shall accumulate to a maximum of one hundred (100) days, at which time no more sick leave can be accumulated. As accumulated sick leave days are used and drop below one hundred (100) 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 for of a mental or physical illness; or convalescence from , 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.B. Care ; care of a family member who needs preventive medical care; medical diagnosis, care, or treatment for of a mental or physical illness; , injury , or health condition.
C. Care of the employee's child if the child's school or place of care has been closed by order of a public official due to a public health emergency.
D. Care of a family member during a confinement directed by health authorities or a health care provider because of exposure to a communicable disease.
E. The following victim assistance services, due to domestic violence, sexual violence, abuse or stalking, for the employee or a family member:
1. Medical attention needed to recover from physical or psychological injury or disability;
2. Services from a domestic violence or sexual violence program or victim services organization;
3. Psychological or other counseling;
4. Relocation or taking steps to secure an existing home; or
5. Legal services, including preparing for or participating in a civil or criminal legal proceeding.
As used in this policy, Section A; care of a family member who needs preventive medical care;
C. Reasons related to child care, domestic violence, sexual violence, abuse or stalking, and legal services as described in A.R.S. 23-373.
Earned paid sick time shall be provided upon the request of an employee. Such request may be made orally, in writing, by electronic means or by any other means acceptable to the employer. When possible, the request shall include the expected duration of the absence.
When the use of earned paid sick time is foreseeable, the employee shall make a good faith effort to provide notice of the need for such time to the employer in advance of the use of the earned paid sick time and shall make a reasonable effort to schedule the use of earned paid sick time in a manner that does not unduly disrupt the operations of the employer.
An employer that requires notice of the need to use earned paid sick time where the need is not foreseeable shall provide a written policy that contains procedures for the employee to provide notice. An employer that has not provided to the employee a copy of its written policy for providing such notice shall not deny earned paid sick time to the employee based on non-compliance with such a policy.
An employer may not require, as a condition of an employee's taking earned paid sick time, that the employee search for or find a replacement worker to cover the hours during which the employee is using earned paid sick time.
Earned paid sick time may be used in the smaller of hourly increments or the smallest increment that the employer's payroll system uses to account for absences or use of other time.
For earned paid sick time of three (3) or more consecutive work days, an employer may require reasonable documentation that the earned paid sick time has been used for a purpose covered by A, B, or C, above. Documentation signed by a heath care professional indicating that earned paid sick time is necessary shall be considered reasonable documentation for purposes of this section.
As defined in statute (A.R.S. 23-371), "family member" means:
A. Regardless Regardless of age, a biological, adopted or foster child, a stepchild or legal ward, a child of a domestic partner, a child to whom the employee stands stands in loco parentis, or an individual to whom the employee stood stood in loco parentis when when the individual was a minor;
B. A 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 stood in loco parentisparentis when the employee or employee's spouse or domestic partner was a minor child;
C. A 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 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 Any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.
EPST Rules
The following rules apply to employees' accrual and use of EPSTNotice:
A. The employee will request EPST by giving notice to his or her immediate supervisor. Notification by telephone message, e-mail message, or text message is acceptable.
B. The employee will request EPST at the earliest opportunity. A request for EPST will include the expected duration of the absence, if known. Unless EPST for a planned absence has been scheduled with the employee's immediate supervisor, the employee will make a good faith effort to give notice of an absence no later than two (2) hours before the start of his or her regular workday and report by 3:00 p.m. on the day of the absence whether he or she will return to work the next day.
C. When use of EPST is foreseeable, the employee will make a reasonable effort to schedule EPST in a manner that does not unduly disrupt the operations of the District.
D. The District will 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 hours during which the employee is using earned paid sick time.
E. For EPST of three (3) or more consecutive workdays, the District may require the employee to provide a health care provider's note, in writing or electronic form, or other reasonable documentation that the EPST was used for a purpose authorized by this Administrative Regulation.
F. The District will not reimburse an employee for unused EPST upon termination of employment unless the unused EPST also qualifies as "Discretionary Leave" received pursuant to Section B of this policy, the rules of Section 7.17 of the Employee Handbook, and the employee is eligible for the relevant benefit identified in Governing Board Policy GCQC or GCQE.
G. If a separated employee is rehired by the District within nine (9) months after separation, any unused EPST will be reinstated.
No Retaliation
The District will notEmployers 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. 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.
B. An employee may use earned paid sick time as it is accrued.
C. 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.
D. At its discretion, an employer may loan earned paid sick time to an employee in advance of accrual by such employee.
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 this policy or the Arizona Fair Wages and Healthy Families Act. The District and its employees will not retaliate or discriminate against a current statute.
An employer shall not engage in retaliation or discriminate against an employee or former employee because the person has exercised his or her right to use EPST. The District's absence policy will not count the use of earned paid sick time 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.
Notices:
A. The District’s pay stubs will provide employees with a record of their current amount of accrued EPST, the amount of EPST used to date, and the amount of pay received as EPST.
B. On or before July 1, 2017, or the commencement of employment, whichever is later, the District will provide employees appropriate written notice stating:
1. Employees are entitled to EPST;
2. The amount of EPST that employees will accrue;
3. The terms of use of EPST under Arizona law;
4. Retaliation against employees who request or use EPST is prohibited;
5. Each employee has the right to file a complaint if EPST is denied or the employee is subjected to retaliation for requesting or taking EPST; and
6. The contact information for the Arizona Industrial Commission (AIC):
Arizona Industrial Commission Labor Department
800 W. Washington, Phoenix, AZ 85007
Phone: 602-542-4515
C. The AIC’s EPST rights poster will be placed in a conspicuous location in each school and facility.
B. "Discretionary Leave"
Discretionary Leave will be provided for all employees assigned a minimum of twenty (20) hours per week. Full-time certificated employees and classified employees who are exempt from the Fair Labor Standards Act (FLSA) overtime rules will be assumed to work forty (40) hours in each workweek for purposes of Discretionary Leave accrual. Employees who work twelve (12) months per year will accrue discretionary leave at a rate of one (1) day for each month worked which is equivalent to the employee's full-time equivalent (FTE). Employees who work less than twelve (12) months will accrue ten (10) discretionary leave days which is equivalent to the employee's FTE. Discretionary Leave is accrued during periods of work attendance and while on earned vacation leave. Employees who are on leave for ten (10) or more days will not accrue discretionary leave. Discretionary leave may be used for an illness of the employee, illness of an immediate family member, death within the immediate family or for personal reasons. The use of individual discretionary days for personal reasons is at the discretion of the employee. Request for consecutive days of leave for personal reasons must be submitted for approval at least twenty-four (24) hours in advance to the principal or supervisor.
Five (5) days of discretionary leave for non-illness may be used during a school year. These discretionary days may not extend a holiday or scheduled break. Days used will be deducted from the employee's total accrued discretionary days.
Five (5) additional days, and the use of these days to extend a holiday or scheduled break, may be approved by the employee’s supervisor, in conjunction with the Superintendent, on a case by case basis. Days used will be deducted from the employee’s total accrued discretionary days.
It will be the responsibility of each immediate supervisor to assure that appropriate records are maintained.
Use of Discretionary Leave for
Adoption/Maternity
Discretionary leave may be used to cover an absence due to adoption or to childbirth and recovery. Use of paid discretionary leave for adoption and recovery from childbirth is generally limited to six (6) weeks from the date of delivery or from the date of adoption. In cases of medical complications, confirmed by a letter from the physician, additional leave may be used before delivery or after delivery to extend recovery time. The time off will be deducted from the twelve (12) weeks provided by the Family Medical Leave Act.
This policy does not preclude an employee requesting additional leave time beyond the recovery period as a non-paid short-term leave of absence.
Upon request, the staff member shall inform the Superintendent, or designee, of the following:
A. Purpose for which discretionary leave is being taken.
B. Expected date of return from discretionary leave.
C. Where the staff member may be contacted during the leave.
Returning from an Illness
The District may require an employee to provide a doctor’s release after three (3) days absence due to illness and or hospitalization or following an accident that occurs on or off school District grounds.
Adopted: December 21Protections of this section shall apply to any person who mistakenly but in good faith alleges violations of this policy based on the supporting statutes.
Compensation for Unused
Accumulated Sick Leave
If funds are available, upon leaving the District employment, an employee who gives notice of resignation prior to June 30 shall be paid one hundred dollars ($100) per day or at the employee's daily rate of pay, whichever is less at the time of payment, for a percentage of accumulated sick leave (percentage to be determined by years of service), up to one hundred (100) days.
Provided District funds are available, the following conditions will apply to payment:
A. One (1) through four (4) years of District service - no payout
B. Five (5) through nine (9) years of District service - payout of fifty percent (50%)
C. Ten (10) through fourteen (14) years of District service - payout of seventy-five percent (75%)
D. Fifteen plus (15+) years of District service - payout of one hundred percent (100%)
The purchase, in the years in which funds are available, will be made in December.
This policy is retroactive to current staff.
Adopted: May 8, 2017
LEGAL REF.:
A.R.S.
15-187
15-502
23-363
23-364
23-371
23-372
23-373
23-374
23-375
CROSS REF.:
GCBA - Professional Staff Salary SchedulesGCCC - Professional/Support Staff Leaves of Absence without Pay
GCQC - Resignation of Professional Staff Members
GCQE - Retirement of Professional Staff Members
EXHIBIT
PROFESSIONAL / SUPPORT STAFF
LEAVES OF ABSENCE WITHOUT PAY
YOUR RIGHTS UNDER THE FAMILY AND
MEDICAL LEAVE ACT OF 1993
CERTIFICATION OF HEALTH CARE PROVIDER
(Family and Medical Leave Act of 1993
Reasons for Taking Leave
Unpaid leave must be granted for any of the following reasons:
● To care for the employee's child after birth, or placement for adoption or foster care;
● To care for the employee's spouse, son or daughter, or parent who has a serious health condition; or
● For a serious health condition that makes the employee unable to perform the employee's job.
At the employee's or employer's option, certain kinds of paid leave may be substituted for unpaid leave.
Advance Notice and Medical Certification
The employee may be required to provide advance leave notice and medical certification. Taking of leave may be denied if requirements are not met.
● The employee ordinarily must provide thirty (30) days advance notice when the leave is "foreseeable."
● An employer may require medical certification to support a request for leave because of a serious health condition, and may require second or third opinions (at the employer's expense) and a fitness for duty report to return to work.
Job Benefits and Protection:
● For the duration of FMLA leave, the employer must maintain the employee's health coverage under any "group health plan."
● Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.
● The use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee's leave.
Unlawful Acts by Employers
FMLA makes it unlawful for any employer to:
● interfere with, restrain, or deny the exercise of any right provided under FMLA.
● discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.
Enforcement:
● The U.S. Department of Labor is authorized to investigate and resolve complaints of violations.
● An eligible employee may bring a civil action against an employer for violations.
FMLA does not affect any federal or state law prohibiting discrimination, or supersede any state or local law or collective bargaining agreement which provides greater family or medical leave rights.
For Additional Information
If you have access to the Internet visit the FMLA website: http://www.dol.gov/ esa/whd/fmla. To locate your nearest Wage-Hour Office, telephone the Wage-Hour toll-free information and help line at 1-866-4USWAGE (1-866-487-9243): a customer service representative is available to assist you with referral information from 8am to 5pm in your time zone; or log onto the following at http://www.wagehour.dol.gov.
A Spanish translation of this form may be downloaded
http://www.dol.gov/whd/fmla/index.htm
)
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
MILITARY FAMILY LEAVE
On January 28, 2008, President Bush signed into law the National Defense Authorization Act for FY 2008 (NDAA), Public Law 110-181. Section 585(a) of the NDAA amended the
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 employeethe employee is on active duty
,(or has been notified of an impending call or order to active duty
status, in) in the Armed Forces 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 downloadedcontingency 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
FACT SHEET NO. 28:
YOUR RIGHTS UNDER 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 of 1993 (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 requires covered employers to provide up to twelve (12) weeks of unpaid, job-protected leave in a twelve (12)-month period for specified to "eligible" employees for certain 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:
● work for a covered employer;
● have worked for the employer for a total of twelve (12) months;
● have worked at leastEmployees 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● work at a location in the United States or in any territory or possession of the United States where at, and if there are at least fifty (50) employees
are employed by the employerwithin 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 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:
● For the birth and care of a newborn child of the employee;
● For placement with the employee of a son or daughter A. To care for the employee's child after birth, or placement for adoption or foster care;
● To care for a spouse, son, daughter, or parent with a serious health condition;
● To take medical leave when the employee is unable to work because of a serious health condition; or
● For qualifying exigencies arising out of the fact that the employeeB. To care for 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 aparent 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:
● 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
● Continuing treatment by a health care provider, which includes:
■ 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:
■~ 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
■~ 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
■ 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
■ 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
■ 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
■ 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; 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
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 interfereaccrued 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
byunder FMLA.
It is also unlawful for an employer to discharge
B. discharge or discriminate against any
individualperson for opposing any practice
, or because of involvementmade unlawful by FMLA or for involvement in any proceeding
, relatedunder or relating to FMLA.
EnforcementThe Wage and Hour Division investigates complaints. If violations cannot be satisfactorily resolved, the :
A. The U.S. Department of Labor
may bring action in court to compel compliance. Individuals may also be able to bring a privateis authorized to investigate and resolve complaints of violations.
B. An eligible employee may bring a 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 WebsiteFMLA 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.wagehour.dol.gov and/or call the /esa/whd/fmla. To locate your nearest Wage-Hour Office, telephone the Wage-Hour toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 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).
[FMLA POLICY WHEN FEWER THAN 50 EMPLOYEES]
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. To be eligible for a leave of over twelve (12) weeks (except for military families), an employee must have three (3) years of service in the District.
Leave of absence may be requested for, but not limited to, the following purposes:
● For A. For additional education that relates to the employee's primary assignment. A plan of contemplated course work course work must be presented.
● To B. To provide for an unpaid leave in a situation where the employee will be absent from work because of ( 1) a reason a reason that conforms to a policy currently in effect but the maximum number of days provided for in that policy will that policy will be exceeded, or ( 2) failure to report to work without prior notification to the Superintendent.
● For C. For a leave of absence that benefits or is in the best interest of the District, as determined by the Board upon review upon review of the application.
● For leave under the Family and Medical Leave Act.
A leave of absence requested pursuant to this policy may be:
● Approved A. Approved by the Superintendent if the leave period does not exceed twelve (12) weeks; or
● Recommended B. Recommended by the Superintendent and approved by the Governing Board if the leave period exceeds twelve exceeds twelve (12) weeks.
A request for leave of absence shall not be denied by the District if the employee is entitled to the leave under the Family and Medical Leave Act. All other applications for leave of absence may be granted or denied by the District, in its sole discretion.
Each request for such a leave of absence shall be in a written application stating the purpose, starting date, and duration of the leave of absence, the reasons for its necessity or desirability, and any other information the applicant deems relevant to the request.
The leave of absence shall be only for the purpose and duration approved and may not be extended without written approval by the District.
All rights of continuing status (certificated teachers only), retirement, salary increments, and other benefits shall be restored at the level earned when the leave was granted. All accrued 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:
● Because of the birth of a child of the employee and in order to care for such child.
● Because of the placement of a child with the employee for adoption or foster care.
● In order to care for the spouse or a son, daughter, or parent of the employee, if such person has a serious health condition.
● Because of a serious health condition that makes the employee unable to perform the functions of the position of such employee.
● 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 military servicemember shall be entitled to a total of twenty-six (26) workweeks of leave during a twelve (12)-month period to care for the military servicemember. The leave described to care for a covered military 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 military 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.
An employee shall substitute accrued vacation or discretionary 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 vacation, discretionary, 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 certification 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 military 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:
● If medically necessary to care for a family member or for the employee's own serious health condition;
● 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
● 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:
● Requested to care for a qualifying family member or as a result of the employee's serious health condition preventing job performance;
● Foreseeable, based upon planned medical treatment; and
● For more than twenty percent (20%) of the working days in the leave period.
The employee may be granted leave under these circumstances, subject to reasonable efforts to schedule treatment so as not to unduly disrupt the educational program.
Special end-of-semester circumstances for instructional employees. Under each of the following conditions, leave for an instructional employee may be required to continue to the end of the academic semester:
● Leave begins more than five (5) weeks before the end of the semester, leave is for at least three (3) weeks, and return to employment would occur during the last three (3) weeks of the semester.
● Leave other than for the employee's serious health condition begins within the last five (5) weeks of the semester, leave is for greater than two (2) weeks duration, and return to employment would occur during the last two (2) weeks of the semester.
● Leave other than for the employee's serious health condition begins within the last three (3) weeks of the semester and leave exceeds five (5) working days.
Employee notification. With each request for FMLA leave, the employee shall be notified:
● About FMLA by provision of the FMLA fact sheet (Exhibit EE).
● As appropriate concerning the expectations, obligations, and consequences of taking FMLA leave per 29 C.F.R. 825.301 of FMLA.
● That FMLA leave may be withheld until a requested notice is provided or the time frame is met.
● That if leave is granted to an employee who is unable to perform the work required, restoration may be denied until the employee has complied with the request to provide medical certification of ability to return to work.
The District will post notices in conspicuous places on the District premises that provide a summary of FMLA and information on how to file a charge for an FMLA violation.
Health care continuation. An employee taking FMLA leave shall be entitled to have the health care plan in which the employee is participating continue under the same terms and conditions applicable to actively working employees. The District shall require the repayment of any health care premiums paid by the District for continuing coverage during the period of the FMLA leave if the employee fails to return to work after the FMLA leave expires and the failure to return is not due to circumstances beyond the employee's control.
Position restoration. Upon return from FMLA leave, an employee shall be restored to the same position held before the FMLA leave commenced or to an equivalent position with equivalent pay, benefits, and working conditions. The District requires an employee to provide a medical certificate from a health care provider that the employee is able to resume work before returning from FMLA leave for a serious personal health condition. The District may delay the return of an instructional employee from FMLA leave at the end of a semester, in accordance with Section 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: March 8, 2012
As the District has fewer than fifty (50) employees within a seventy-five (75) mile radius, District personnel are not eligible for provisions of the Family and Medical Leave Act (FMLA).
Adopted: <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-510
Family and Medical Leave Act of 1993
29 C.F.R. Part 825
Family and Medical Leave Act of 1993
EXHIBIT
PROFESSIONAL / SUPPORT STAFF
LEAVES OF ABSENCE WITHOUT PAY
MILITARY FAMILY LEAVE
The The National Defense Authorization Act for FY 2008 (NDAA), Public Law 110-181, Section 585(a), amended the Family and Medical Leave Act of 1993 (FMLA) to provide eligible employees working for covered employers two (2) important new leave rights related to military service:
(1) New Qualifying Reason for Leave. Eligible employees are entitled to up to twelve (12) weeks of leave because of "any qualifying exigency" arising out of the fact that the spouse, son, daughter, or parent of the employee is on active duty, or has been notified of an impending call to active duty status, in support of a contingency operation. By the terms of the statute, this provision requires the Secretary of Labor to issue regulations defining "any qualifying exigency." In the interim, employers are encouraged to provide this type of leave to qualifying employees.
(2) New Leave Entitlement. An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember who is recovering from a serious illness or injury sustained in the line of duty on active duty is entitled to up to twenty-six (26) weeks of leave in a single twelve (12)-month period to care for the servicemember. This provision became effective immediately upon enactment. This military caregiver leave is available during "a single twelve (12)-month period" during which an eligible employee is entitled to a combined total of twenty-six (26) weeks of all types of FMLA leave.
Additional information on the amendments and a version of Title I of the FMLA with the new statutory language incorporated are available on the FMLA amendments Web site at http://www.dol.gov/esa/whd/fmla/ NDAA_fmla.htm.
A Spanish translation of this form may be downloaded
at http://www.dol.gov/whd/fmla/index.htm
The Board recognizes the fact that its employees have citizenship responsibilities, and, in order to make it possible for said employees to carry out their responsibilities to the city, county, state, or nation, the Board will grant leaves, in addition to jury duty, when an employee is called to attend field training services for the Military Reserve or National Guard and when an employee is a victim of a juvenile or adult crime exercising a right to be present at a proceeding as defined in statute.
When an employee receives notice that requires leave as delineated above, it is the responsibility of the employee to notify the Superintendent or principal.
Jury Duty
It is recognized by the Board that no employee is exempt from jury duty and that leaves of absence for such duty must be granted.
● Only A. Only the regular salary may be received by an employee on jury duty.
■ It 1. It is the responsibility of the employee to reimburse the District for jury duty pay when such payment is made payment is made directly to the employee. Failure to reimburse the District at the completion of the jury duty service duty service will result in a full deduction equal to the number of contract days missed.
■ An 2. An employee excused from jury duty after being summoned shall report for regular duty as soon as possibleas possible. Failure to report for duty will result in a deduction equal to that portion of a contract day missed day missed [A.R.S. 21-236].
Victim Leave
Statute provides that an employer who has fifty (50) or more employees shall permit an employee leave if the employee is the victim of juvenile or adult crime and is exercising a right to be present at a proceeding as defined in A.R.S. 8-420 or 13-4439. Compensation may be provided if the employee has available vacation or to the extent other leave may be available by policy.
● An A. An employee's accrued vacation, personal, sick or other applicable leave shall be used to the extent available by available by policy.
● If B. If paid leave is unavailable, the employee must request an unpaid leave of absence in accord with policy.
● Before C. Before an employee may leave work for this purpose, the employee shall provide the employer with a copy of copy of the form provided by law enforcement and if applicable a copy of the information the law enforcement agency enforcement agency provides the employee pursuant to either A.R.S. 8-386 or 13-4405.
● Leave D. Leave for this purpose may be limited if the leave creates an undue hardship to the employer's business.
Military Leave:
● An A. An employee who is a member of the Military Reserve or National Guard shall be entitled to leave of absence without absence without loss of pay, time, or efficiency rating when engaged in field training [A.R.S. 26-168 and 38-610].
● An B. An employee who is a member of the uniformed service may use any vacation leave or other accumulated paid accumulated paid time off during their service, or may take unpaid leave of absence.
● The C. The District must reemploy uniformed service members, as defined in 38 U.S.C. 4303, returning from a period of period of service, if the service member:
■ Was 1. Was employed by the District.
■ Gave 2. Gave the District notice that he or she was leaving the job for service in the uniformed services, unless giving unless giving notice was precluded by military necessity or otherwise impossible or unreasonable.
■ Has 3. Has a cumulative period of service in the uniformed services not exceeding five (5) years.
■ Was 4. Was not released from service under dishonorable or other punitive conditions.
■ Has 5. Has reported back to the District in a timely manner or has submitted a timely application for reemployment in accordance with the Uniformed Services Employment and Reemployment Rights Act.
Adopted: October 25, 2012 <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
1-305
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 ActA.G.O.
I80-177
EXHIBIT
PROFESSIONAL / SUPPORT STAFF
MILITARY / LEGAL LEAVE
Part 200 - Regulations Under the Uniformed Services
Employment and Reemployment Rights Act of 1994
(Appendix to Part 1002 -
Your Rights Under USERRA)
The Uniformed Services Employment
and Reemployment Rights Act
USERRA protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service or certain types of service in the National Disaster Medical System.
USERRA also prohibits employers from discriminating against past and present
membersmembers of the uniformed services, and applicants to the uniformed services.
Reemployment RightsReemployment Rights
YouYour have the right to be reemployed in your civilian job if you leave that job to perform service in the uniformed service and
:;
● youA. you ensure that your employer receives advance written or verbal notice of your service;
● youB. you have five years or less of cumulative service in the uniformed services while with that particular employer;
● youC. you return to work or apply for reemployment in a timely manner after conclusion of service; and
● youD. you have not been separated from service with a disqualifying discharge or under other than
honorable conditionshonorable conditions.
If you are eligible to be reemployed, you must be restored to
thethe job and benefits you would have attained if you had not been absent due to military service or, in some cases, a comparable job.
Right to be Free from Discrimination and
Right to be Free from Discrimination
and Retaliation
If you:
● areA. are a past or present member of the uniformed service;
● haveB. have applied for membership in the uniformed service; or
● areC. are obligated to serve in the uniformed service;
then an employer may not deny you:
● initialA. initial employment;
● reemploymentB. reemployment;
● retentionC. retention in employment;
● promotionD. promotion; or
● any benefit of employmentE. any benefit of employment;
Becausebecause of this status.
In addition, an employer may not retaliate against anyone
assistingassisting in the enforcement of USERRA rights, including testifying or making a statement in connection with a proceeding under USERRA, even if that person has no service connection.
Health InsuranceHealth Insurance Protection:
● IfA. If you leave your job to perform military service, you have the right to elect to continue your
existing employerexisting employer-based health plan coverage for you and your dependents for up to
24 months whiletwenty-four (24) months while in the military.
● EvenB. Even if you don't elect to continue coverage during your military service, you have the right to be
reinstated inreinstated in your employer's health plan when you are reemployed, generally without any waiting periods or
exclusionsexclusions (e.g., pre-existing condition exclusions) except for service-connected illnesses or injuries.
Enforcement:
● TheA. The U.S. Department of Labor, Veterans Employment and Training Service (VETS) is authorized
to investigateto investigate and resolve complaints of USERRA violations.
● ForB. For assistance in filing a complaint, or for any other information on USERRA, contact VETS
atat 1-866-4-USA-DOL or visit its website
at AnAn interactive online
USERRA AdvisorUSERRA Advisor can be viewed
atat http://www.dol.gov/elaws/userra.htm.
● IfC. If you file a complaint with VETS and VETS is unable to resolve it, you may request that your
casecase be referred to the Department of Justice for representation.
● YouD. You may also bypass the VETS process and bring a civil action against an employer for violations
of USERRAof USERRA.
The rights listed here may vary depending on the circumstances.
ThisThis notice was prepared by VETS, and may be viewed on the
internetInternet at this address: http://www.dol.gov/vets/programs/userra/poster.htm.
Federal law requires employers to notify employees of their rights under USERRA, and employers may meet this requirement by displaying this notice where they customarily place notices for employees.
UU.S. Department of Labor, Veterans
Employment and Training Service
Employment and Training Service
Washington, DC 20210
1-866-487-2365
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).
All full time employees in the District may receive one day for professional leave to be used for attending professional seminars or visiting another school. This must be used within the school year and cannot be accrued. Absence for professional leave must be approved in advance by the immediate supervisor based upon the needs of the District. Professional leave is in addition to other leave provided.
The following guides will be used in granting released time and/or travel expense:
● Value A. Value of the meeting or conference.
● Funds B. Funds available in the appropriate budgets.
● Availability C. Availability of a substitute, if one is necessary.
When funds are provided by an outside organization, including federal projects, for attendance at conventions or workshops, such attendance may be approved using the same guidelines as above.
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 activitiesactivities 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: <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-510
A.G.O.
I81-053
A sick leave bank has been established to provide a benefit to employees. The benefit is open to all active full-time employees on a voluntary, participatory basis, as defined in this section. Full-time employment is defined as working thirty (30) hours or more per week on a regular basis.
The time off will be deducted from the twelve (12) weeks provided by the Family Medical Leave Act (FMLA).
Enrollment in the
Sick Leave Bank
Effective July 1, 2006, any full-time employees with a minimum of four (4) accrued discretionary days may participate in the sick leave bank by contributing one or more accumulated discretionary days. Open enrollment will begin on the first business day of January each year and continue through the last business day of January. Once an employee has contributed a day to the sick leave bank, it becomes the property of the bank and may not be returned. Membership is confirmed with verification from the insurance department that all enrollment forms have been filed.
The bank shall be comprised of three (3) separate bank accounts with one (1) each for support staff, administrative and certificated employees. Contributors and benefits shall be allocated according to the employment categories specified in this policy.
If a bank's total days fall below 55 days, that bank must have an open re-enrollment period of thirty (30) days. Any employee not re-enrolling by contributing one (1) additional accrued discretionary day will no longer be a member of the bank. Re-enrollment in the sick leave bank requires the employee to have one available discretionary day to contribute back to the bank.
The Superintendent will send out requests for contributions to the three (3) bank accounts. Names of contributors, beneficiaries, and all information with regard to their cases will be held in confidence by the Benefits Department and the Employee Benefits Trust Board.
Governance
The operation and governance of the sick leave bank shall be under the direction of the Administrator for Human Resources and the Peoria Unified Employee Benefits Board of Trustees ("EBT"). The EBT will hear appeals pertaining to a request for obligation of the sick leave bank. The Administrator for Human Resources will administer the daily operations of the sick leave bank, including routine determination of the award of benefits. The Administrator for Human Resources, or designee, will provide employees, upon request, with forms to confirm contribution of days, request for benefits, and for appeals to the EBT. A summary of requests for benefits and awards given will be provided each January to the EBT by the Administrator for Human Resources.
Qualifications for Benefit
Any employee who is a member of the sick leave bank, as described under Enrollment, may apply to the Superintendent for benefits based upon the following criteria:
● Benefits from the sick leave bank may not be awarded for the first ten (10) working days missed from the approved date of eligibility. If an employee has ten (10) or more such days accrued, there will be no loss of pay. Employees must use all accrued leave and vacation time before any sick leave bank days will be awarded. In addition, the number of accrued days will offset any of the eligible fifty-five (55) days that may be awarded. Benefit checks will be issued during the regular pay schedule.
● The employee must have an extended illness or disability which is projected to extend thirty (30) calendar days or more as documented by written confirmation from two (2) doctors of medicine or osteopathy. The thirty (30) days need not be continuous.
● Sick leave bank days may not be granted for absences due to pregnancy, childbirth or adoption, elective procedures, procedures which may be performed on days when the employee is not normally scheduled to work, or chronic conditions; except that acute complications resulting from any of the preceding items may qualify on the same basis as any other illness. Sick leave bank days shall not be granted in conjunction with Workers' Compensation. A chronic condition is defined as a condition which:
■ Requires periodic visits for treatment by a health care provider.
■ Continues over an extended period of time including recurring episodes.
● Sick leave bank days will be limited to fifty-five (55) work days per occurrence. The EBT may grant additional credit for intermittent absence otherwise qualifying for benefit. Reconfirmation of eligibility may be required.
● All employees who use a minimum of five (5) days from the sick leave bank must donate their first accrued leave day to the sick leave bank upon their return to work.
● A claim must be filed within thirty (30) days of the occurrence to be eligible for paid days unless the cause for sick leave bank utilization is such that the employee in question is unable due to health conditions to make such a request.
Appeals
Appeals may be submitted by any employee to the Superintendent who shall convene a meeting of the EBT within ten (10) working days after receipt of the appeal. Appeals shall be in writing, and will indicate the action requested and the basis for the appeal. All meetings of the EBT will comply with the Open Meeting Law. The employee may present appropriate information in furtherance of the request. The EBT shall be the final reviewing authority for the award of all benefits from the sick leave bank. No appeal shall be considered by the Governing Board, nor shall appeals qualify for consideration under the equity policy described elsewhere in this policy.
Annual Review
The sick leave bank may be dissolved at the close of any fiscal year as determined by the Governing Board to be in the best interests of the District.
Effective Date
Under this plan, no benefits shall be awarded prior to the effective enrollment date of an employee.
Adopted: September 24, 2015The District recognizes the existence of circumstances under which non-job-related, seriously incapacitating, and extended illnesses and injury may exhaust accrued leave of certificated employees. To provide some measure of relief in such situations, a limited mechanism, based upon voluntary transfer of accrued leave, is established. The mechanism will be termed banked sick leave, or a sick leave bank. It is considered of benefit to the District to establish this mechanism because it will reduce the annual accrued sick leave and promote efficiency by ensuring constant service.
Limits:
A. The value of banked sick leave will be limited to the equivalent of the number of contract days multiplied by the daily base salary of a teacher with a baccalaureate degree and no experience, or less, depending on contributions.
B. No employee shall be entitled to receive banked sick leave by reason of contribution or employment.
C. Each approved applicant is limited to the one (1)-time use of no more than one hundred (100) consecutive days of the available limited sick leave from the sick leave bank in any school year.
D. Additional leave will not be earned/accrued during use of banked sick leave.
E. All unused banked sick leave will expire at the end of each contract year.
Voluntary contributions:
A. Certificated staff members may voluntarily contribute a maximum of ___ days of earned/accrued sick leave to the sick leave bank annually. Such contribution must be from the current year's sick leave earned/accrued, the value of which will be determined by the number of days multiplied by the daily base teacher salary.
B. Each certificated staff member contributing leave to the sick leave bank must acknowledge an uncoerced, voluntary release of the leave, the value it represents, and that it will not be returned but will expire at the end of the contract year in which it is contributed.
C. In case of contributions exceeding the value of the sick leave bank limit, each contribution will be accepted on a first-come, first-served basis by date of signature.
Eligibility (for use of sick leave bank). The approved applicant shall:
A. Be a full-time teaching employee.
B. Have a non-job-related, seriously incapacitating, and extended illness or injury.
C. Have exhausted all earned/accrued leave of any nature or kind.
D. Be presently on unpaid leave status with the District.
E. Not be eligible for disability benefits, including but not limited to Social Security, provided at District expense.
F. Be one whose return to duty is projected to occur within a period no longer than six (6) months.
Determining eligibility:
The Superintendent shall receive the applications and shall screen for and determine eligibility.
No continuing rights are established by this policy. In compliance with established procedure, the Governing Board reserves the right to modify or rescind any policy in accord with its own guidelines.
Adopted: <-- z2AdoptionDate -->
LEGAL REF.:
A.G.O.
I91-027
REGULATION
PROFESSIONAL STAFF VOLUNTARY
TRANSFER OF ACCRUED SICK LEAVE
(Application)
The application must be in writing.
The application must be supported by documentation from a heath care professional confirming the 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 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 STAFF VOLUNTARY
TRANSFER OF ACCRUED SICK LEAVE
(Application Screening Committee)
A committee consisting of one (1) staff member from each building and one (1) from the central staff selected by the staff and an administrator appointed by the Superintendent shall review each application and submit a recommendation to the Superintendent. The applications are to be reviewed in accord with the guidelines found in policy and as presented below:
A. The application must be in writing.
B. The application must be supported by 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.
An employee , assigned a minimum of twenty (20) hours per week, may be granted, upon request to the Superintendent, up to three five (35) days of leave per year, with pay, to be used in the event of death in the of an employee's family . Family members is defined as spouse, children, parents, siblings, grandparents, grandchildren, or like relations created by marriage (e.g., stepchild, father-in law, etc.) and anyone who functioned "in loco parentis." member as defined in Policy GCCA.
Extensions of bereavement leave may be granted upon personal request to the Superintendent.Bereavement leave may be extended for one (1) working day by the Director of Human Resources if the employee travels out-of-state for the funeral. Days utilized for bereavement leave will not If approved, all such extensions of bereavement leave shall be deducted from the employee's accrued discretionary sick leave.
In the absence of any Discretionary 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
Twelve (12)-month administrators will earn twenty four (204) working days weeks of vacation per year, which shall be taken when school is not in session. Vacation time will be accumulated at a rate of point seven six nine three (.7693) per pay period. Vacation time shall be scheduled with the supervising administrator, and reported to the Payroll Department. Staff schedules during school holidays will be established by the Superintendent.
Twelve (12) month employees will start accumulating vacation time the first month of employment in which they are employed more than one-half (1/2) the month.
Accumulated vacation days beyond twenty (20), if not used by July 31 of the next fiscal year, will convert to discretionary days for accrual.
Consistent with procedures used for advancement of discretionary leave, advancement of vacation days may be recommended by the Director of Human Resources and approved by the Superintendent. All days advanced will be deducted as they are accrued by the employee.
The Superintendent may allocate a given number of days of accumulated vacation and/or discretionary leave to new administrators as a condition of employment at his or her discretionmay accumulate to a maximum of _____ days, at which time no more vacation can be earned. As accumulated vacation days are used and drop below _____ days, an eligible employee may again accumulate vacation up to the maximum limit. If workloads disallow vacations as established, the Superintendent may approve vacation days during the school year.
Holidays
When July 4, Veterans Day, December 25, or Thanksgiving Day occurs within the school week, the schools shall be closed and the compensation of the teachers shall not be diminished on that account. The Governing Board may declare a recess during the Christmas holiday season not to exceed two (2) school weeks, and teachers shall receive compensation during the recess.
Other holidays will be established by the Board and noted on each year's school calendar.
Adopted: date of Manual adoption <-- z2AdoptionDate -->
It shall be the policy of the District to employ and retain the best qualified personnel. This will be accomplished by giving careful consideration to qualifications and by providing competitive salary schedules within the financial capability of the District, adequate facilities, and good working conditions.
The Board has the legal responsibility of approving the employment of all employees. While this responsibility cannot be waived, the Board assigns to the Superintendent the process of recruiting staff members. In carrying out this responsibility, the Superintendent may involve other staff members as needed. All personnel selected for employment must be recommended by the Superintendent and approved by the Board. The Board adopts the following general criteria, which shall be utilized in the selection process for initial employment:
● All positions open for employment will be posted for a minimum of five (5) working days at the District Administrative Center and on the District's web site with copies electronically forwarded to each facility in the District. Updates are to be posted at each facility as received.
● There A. There will be no discrimination in the hiring process due to race, color, religion, sex, age, national origin, or disability or disability of an otherwise qualified individual.
● Candidates B. Candidates for professional positions shall be qualified for and have the training necessary to perform the instructional the instructional duties or functions for which they have applied.
● Each C. Each candidate shall provide evidence of meeting state requirements for certification.
● Each D. Each candidate shall be requested to complete a consent-and-release form regarding conduct of a background a background investigation.
● A E. A "background investigation" - consisting of communication with the applicant's (or employee's) former employer former employer that concerns education, training, experience, qualifications, and job performance for the purpose of purpose of evaluation for employment - shall be conducted on each individual to be considered for a recommendation of recommendation of employment. Forms developed for this purpose are to be used.
Any employee's misstatement of fact that is material to qualifications for employment or the determination of salary shall be considered by the Board to constitute grounds for dismissal.
Before employment, schools or school districts shall verify the certification and fingerprint status of applicants who apply for school or school district positions that require certification.
Should the need arise to employ a teacher who meets the requirements for a conditional certificate before an applicant has obtained the appropriate valid fingerprint clearance card, the District may assist in obtaining the conditional certificate, and employ the teacher, by meeting all of the following conditions:
● The A. The District verifies in writing on a form provided by the Arizona Department of Education (ADE) the the necessity for for hiring and placing the applicant into service before a fingerprinting check is completed.
● The B. The District obtains from the Department of Public Safety a state-wide criminal records check on the applicantthe applicant. Subsequent criminal records checks must be completed every one hundred twenty (120) days days until a permanent certificate is received.
● The C. The District searches the criminal records of all local jurisdictions outside Arizona where the applicant has lived applicant has lived in the previous five (5) years.
● The D. The District obtains references from the applicant's current employer and two (2) most recent previous employersprevious employers, except that for applicants who have been employed for at least five (5) years by the most recent most recent employer, only references from that employer are required.
● The E. The District provides general supervision of the applicant until permanent certification is issued by ADE.
Upon recommendation for employment the District shall confirm employment authorization and employment eligibility verification by participating in the E-Verify program of the Department of Homeland Security's (DHS) U.S. Citizenship and Immigration Services Bureau (USCIS) and the Social Security Administration (SSA). The District will then complete the Form I-9 as required and maintain the form with copies of the necessary documents and documentation of the authorization and verification pending any inquiry.
The Superintendent of Public Instruction may also impose any additional conditions or restrictions deemed necessary.
Any person who permits unauthorized access to criminal history record information, releases criminal history record information, or procures the release or uses criminal history record information other than in accord with A.R.S. 41-1750 is guilty of a class 6 felony.
A professional candidate's acceptance of a contract offer must be indicated within fifteen (15________________ (_____) days from the date of the written contract or the offer is revoked. Written notice of the deadline date for acceptance shall be included in the contract offer or an attachment to the contract offer. The candidate accepts the contract by signing the contract and returning it to the Governing Board or by making a written instrument which accepts the terms of the contract and delivering it to the Governing Board. If the written instrument includes terms in addition to the terms of the contract offered by the Board, the candidate fails to accept the contract.
Adopted:
date of Manual adoption<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
13-3716
15-502
15-503
15-536
15-538.01
15-539
15-550
23-211
23-212
23-1361
38-201
38-231
38-232
38-766.01
41-1756
CROSS REF.:
GCB - Professional Staff Contracts and Compensation
GCFC - Professional Staff Certification and Credentialing Requirements
(fingerprinting requirements)
GCO - Evaluation of Professional Staff Members
REGULATION
PROFESSIONAL STAFF HIRING
Definition
A A background investigationis is defined as any communication with an applicant's (or employee's) former employer that concerns the education, training, experience, qualifications, and job performance of the individual and that is used for the purpose of evaluation for employment. Background investigation does not include the results of any state or federal criminal history records check.
Background Investigation
Requirements
Only persons designated by the Superintendent shall perform background investigations. Prior to contacting former employers or other persons, the background investigator shall:
● Ascertain A. Ascertain that the standard employment application for the type of position has been completed in full.
● Obtain B. Obtain from the individual a consent to background investigation and release as determined by the District.
● Make C. Make certain that the individual has identified at least two (2) persons from each past employer who can verify can verify basic job information and discuss the individual's work performance and reason for leaving.
● Examine D. Examine the application for a complete work history, accounting for any gaps in employment.
It is recommended that two Two (2) persons should be contacted at each past employer if possible (any exceptions should be documented). Upon making contact, the contacts or the former employer or employer's agent should be provided the following information:
● The A. The name and identifying information of the District.
● The B. The name of the District representative making the inquiry and how the representative can be contacted.
● The C. The name of the former employee and period of employment as indicated by the individual whose background is background is being investigated.
● The D. The position for which the individual has applied, with descriptive information as to the duties, if requested or necessary or necessary to understanding of the inquiry.
The background investigator shall:
● Ask A. Ask the questions, and complete the background check form(s) as provided by the District.
● Make B. Make impression notes as necessary based upon the questions and responses, and determine if there may be may be cause to contact others or make further inquiries based upon the responses.
● Provide C. Provide the information to the Superintendent.
EXHIBIT
PROFESSIONAL STAFF HIRING
REFERENCE CHECK FORM
Applicant ______________________________________ Date __________
Person contacted
CONSENT TO CONDUCT BACKGROUND
INVESTIGATION AND RELEASE
I, ____________________________ Telephone __________ _Address [applicant's name], have applied for employment with the ______________________________ School District to work as a ______________________________ _
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 [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 ________ ______________________________________
Any difficulties in establishing communication and rap-
port with supervisors, parents, or community members? __________________
If yes, explain (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 ________ ______________________________________
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? (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___
.
____________________________ ________
____________________
________________
________________________
Dishonesty? ______________________________________________________
Substance abuse? ________________________________________________
Failure to provide adequate supervision? ______________________________
Failure to follow reasonable directions or instructions? __________________
If yes on any of the above, why? _________________________________________
_____________________________________________________________________
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 ______________________________________________________
Witness Applicant
EXHIBIT
PROFESSIONAL STAFF HIRING
PROCEDURES AND PRACTICES FOR EMPLOYMENT AUTHORIZATION
AND EMPLOYMENT ELIGIBILITY VERIFICATION
Anti-Discrimination Notice. It is illegal to discriminate against any individual (other than an alien not authorized to work in the U.S.) in hiring, discharging, or recruiting or referring for a fee because of that individual's national origin or citizenship status. It is illegal to discriminate against work eligible individuals. Employers cannot specify which document(s) they will accept from an employee. The refusal to hire an individual because of a future expiration date may also constitute illegal discrimination.
Employment Authorization
Procedure
Arizona schools must use the federal government's Basic Pilot Program to verify the employment authorization of all newly hired employees.
The Department of Homeland Security's (DHS) U.S. Citizenship and Immigration Services Bureau (USCIS) and the Social Security Administration (SSA) are jointly conducting E-Verify, formerly known as the Basic Pilot. E-Verify involves verification checks of the SSA and DHS databases, using an automated system to verify the employment authorization of all newly hired employees.
There are four (4) types of access to E-Verify: As an employer, as a designated agent for employers, as a multi-location corporate administrator, or through a web service.
Users can access the web-based access methods using any Internet-capable Windows based personal computer and a web browser of Internet Explorer 5.5 or Netscape 4.7 or higher (with the exception of Netscape 7.0).
To participate, an employer must register online and accept the electronic Memorandum of Understanding (MOU) that sets forth the responsibilities of the SSA, USCIS and the employer.
The following e-mail address will allow navigation to both instructions and forms for the I-9 for verifying the identity and employment authorization of individuals hired for employment in the United States:
Form I-9 may be completed as soon as the employer has offered the individual a job and the individual has accepted the offer. Each newly hired employee must complete and sign Section 1 of Form I-9 no later than his or her first day of employment.
If you need assistance in completing the registration process or need additional information relating to E-Verify, please call the Office of Verification toll free at 1-888-464-4218.
I-9 Form Completion
The Immigration Reform and Control Act of 1986 (IRCA) requires that all new employees, both regular and casual, establish their eligibility for employment in the United States. This federal law applies to U.S. citizens as well as to foreign nationals.
The Employment Eligibility Verification (Form I-9) must be completed as follows:
Section 1. Employee Information and Attestation
Employees must complete and sign Section 1 of Form I-9 no later than the first day of employment, but not before accepting a job offer.)
Section 2. Employer or Authorized Representative Review
and Verification
Employers or their authorized representative must complete and sign Section 2 within three (3) business days of the employee's first day of employment.
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
Effective January 1, 2008, 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:
https://www.vis-dhs.com/employerregistration/StartPage.aspx?JS=YES
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 Employment Eligibility Verification (Form I-9) must be completed 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.
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
(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:
● The A. The person submitted a completed application to the Finger Printing Division of the Department of Public Safety Public Safety for a new fingerprint clearance card within ninety ninety (90) days before the expiration date on the personthe person's current s current fingerprint clearance card.
● The person is not awaiting trial B. The person is not awaiting trial on and has not been convicted convicted of a a criminal offense that would make the person the person ineligible for a fingerprint clearance card.
This does not apply to a fingerprint clearance card that has been denied, suspended or revoked or to a person who has requested a good cause exception hearing.
Candidates shall certify on the prescribed notarized forms whether they are awaiting trial on or have ever been convicted of or admitted in open court or pursuant to a plea agreement committing any of the following criminal offenses in Arizona or similar offenses in any other jurisdiction:
● Sexual A. Sexual abuse of a minor.● Incest
B. ● First Incest.
C. First- or second-degree murder.
● KidnappingD. Kidnapping.● Arson
E. ● Sexual Arson.
F. Sexual assault.
● Sexual G. Sexual exploitation of a minor.
● Felony H. Felony offenses involving contributing to the delinquency of a minor.
● I. Commercial sexual exploitation of a minor.
● J. Felony offenses involving sale, distribution, or transportation of, offer to sell, transport, or distribute, or conspiracy or conspiracy to sell, transport, or distribute marijuana or dangerous or narcotic drugs.
● Felony K. Felony offenses involving the possession or use of marijuana, dangerous drugs, or narcotic drugs.
● Misdemeanor L. Misdemeanor offenses involving the possession or use of marijuana or dangerous drugs.
● M. Burglary in the first degree.
● Burglary N. Burglary in the second or third degree.
● Aggravated O. Aggravated or armed robbery.● Robbery
P. ● A Robbery.
Q. A dangerous crime against children as defined in A.R.S. 13-705.
● Child R. Child abuse.
● Sexual S. Sexual conduct with a minor.
● Molestation T. Molestation of a child.● Manslaughter
U. ● Aggravated Manslaughter.
V. Aggravated assault.
● W. Assault.
● Exploitation X. Exploitation of minors involving drug offenses.
A person who makes a false statement, representation, or certification in any application for employment with the School District is guilty of a class 3 misdemeanor.
The District may refuse to hire or may review or terminate personnel who have been convicted of or admitted committing any of the criminal offenses above or a similar offense in another jurisdiction. In conducting a review, the Governing Board shall utilize the guidelines, including the list of offenses that are not subject to review, as prescribed by the State Board of Education pursuant to A.R.S. 15-534. In considering whether to hire or terminate the employment of a person, the Governing Board shall take into account the factors listed in A.R.S. 15-512.
When considering termination of an employee pursuant to A.R.S. 15-512, a hearing shall be held to determine whether a person already employed shall be terminated.
The Superintendent shall develop and implement procedures that include the following in the employment process:
● Provide A. Provide for fingerprinting of employees covered under this policy and A.R.S. 15-512.
● Provide B. Provide for fingerprint checks pursuant to A.R.S. 41-1750.
Adopted: December 17, 2013 <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-512
15-534
23-1361
41-1750
41-1758.07
CROSS REF.:
GCF - Professional Staff Hiring
GCG - Part-Time and Substitute Professional Staff Employment
IJOC - School Volunteers
EXHIBIT
PROFESSIONAL STAFF CERTIFICATION
AND CREDENTIALING REQUIREMENTS
___________________________ _____ ____________________________
Name (typed or printed) Position Position
I, ___________________________________, being duly sworn, do hereby certify that I have never been convicted of or admitted in open court or pursuant to a plea agreement committing, and am not now awaiting trial for committing, any of the following criminal offenses in the state of Arizona or similar offenses in any other jurisdiction:
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_______________________________ __
_______________________________
Employee
signature Date signed
Subscribed, sworn to, and acknowledged before me by _______________________
______________________________, this ______ day of ________________, 20____,
in _____________________________ County, Arizona.
My Commission Expires
_________________________ _ _______________________
_______________
Notary Public
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
EXHIBIT
PROFESSIONAL / SUPPORT STAFF
HIRING - OATH OF OFFICE
In addition to any other form of oath or affirmation specifically provided by law for a school district an officer or employee, before entering upon the duties of office or employment, any officer or employee shall take and subscribe to the following oath or affirmation:
State of Arizona, County of Maricopa_____________________________________________, I, _____________________________________ [type or print name], do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution and laws of the State of Arizona; that I will bear true faith and allegiance to the same, and defend them against all enemies, foreign and domestic, and that I will faithfully and impartially discharge the duties of the office (or position) of ________________________________________________ [name of office or position] according to the best of my ability, so help me God (or so I do affirm).
__________________________________
(Signature of officer or employee)
LEGAL REF.:
A.R.S.
38-231
Substitute Teachers
The Board will establish the daily pay rate for substitute teachers. Substitute(s) contributing extended service in the case of prolonged absence by a teacher may be qualified for increased compensation.
The Superintendent will screen all applicants for substitute positions and recommend substitute teachers to the Board for approval. The Superintendent will establish regulations to ensure that all substitutes used in the schools are on the Board-approved substitute list.
Substitute Professional
Staff Members
The Superintendent may employ, when conditions warrant, temporary or part-time personnel on a per diem or time card basis. This authority is subject to the following conditions:
● Continued A. Continued employment of any such person shall be subject to confirmation and approval by the Board at its next its next official meeting.
● The B. The employee shall be hired on a per diem basis and shall be compensated in accordance with the requirements the requirements and limitations of existing contracts that cover similar positions or employees.
● In C. In addition to the conditions set forth above, the temporary assignment of a person to a supervisory or administrative or administrative position shall be preceded by notification to the Board. The Superintendent will detail the detail the circumstances that created the need for the part-time employment.
Adopted: 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 supervising principal, as soon as possible, of the absence. The teacher is also required to arrange for a substitute through the District's automated substitute system as soon as practicalneed 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.
The Superintendent will establish a program to provide orientation for all new District employees. At a minimum, this program will cover the following items:
● GoalsA. Goals, objectives, and programs of the District.
● Personnel B. Personnel policies.
● Sexual C. Sexual harassment.
● Terms D. Terms of employment.
● General E. General disciplinary rules and procedures.
● Salary F. Salary and fringe-benefit plans.
● SelfG. Self-improvement opportunities.
● The H. The evaluation program and name(s) of evaluator(s).
● I. Handling of body fluids.
● J. Child abuse reporting responsibilities.
Adopted: date of Manual adoption <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-341
CROSS REF.:
GDH - Support Staff Orientation and Training
REGULATION
PROFESSIONAL STAFF DEVELOPMENT
(Professional and Administrative Staff
Professional Growth)
Guidelines for Acceptable
Salary Credit
Salary credit shall be granted for graduate hours earned and accepted at an accredited college or university on an advanced degree. Approved graduate courses should be within the employee's major or minor area of assignment or, with prior approval of the Director of Human Resources, in an area which would help the employee improve his or her service to the District.
The following limitations and exceptions will apply:
● Credit for professional training not reported to the Human Resources Department by January 31 of each year may not be claimed or granted that year. Credit submitted after February 1, will be considered for future professional growth movement. All new employees will be advised of this standard at the time of their employment.
● Credit approval will not be given for courses required for certification achieving highly qualified status or required by the District for initial employment. However, if a teacher changes assignment which requires additional training, these credit hours are acceptable beyond the original salary placement, unless the District reimbursed for the credit hours.
● Credit shall not be allowed for repetitious courses. Offerings may be identified and prior approval requested where content varies but course name and number remain unchanged.
● A minimum of a "C" grade or its equivalent must be earned in courses taken in order to qualify for credit on the salary program; however, no more than six (6) total semester hours of "C" credit shall be applied for salary increases.
● No limit is prescribed as to the number of hours an employee may earn in a given semester. Staff members are expected, however, not to schedule class loads that would tend to conflict or interfere with their duty assignments in the District. Regardless of the number of hours earned in a specific period, employees will not receive salary credit for more than eighteen (18) credit hours per year.
● Only graduate hours from advanced degree granting institutions regionally accredited will be accepted without prior approval of the Director for Human Resources.
● Salary credit for educational travel may be granted if prior approval is obtained from the Director for Human Resources. The following items will be considered in granting approval:
■ College sponsorship of travel program;
■ Relationship of travel to teaching assignment;
■ Previous credit for similar experience;
■ Anticipated learning outcomes resulting from travel;
■ Projected benefit to the District.
● Participants in professional activities may not receive double reimbursement by the allowance of credit and cash payment from the District for the same time involved. This does not preclude awarding credit for District sponsored courses conducted outside the work day as long as the employee pays the cost of the course or "bank hours" are designated as a payment option.
● An employee attending classes not sponsored by the District for in-service credit during the hours of employment may not use the credits earned for salary increment.
● Principal/supervisors are responsible for consulting with teachers regarding individual courses or any programs of study which have the potential for improving the work of the teacher. Salary credit shall be given for graduate hours taken at the request of the District, or taken in order to help the employee qualify to fill a District need even though they do not fulfill an advanced degree requirement.
● Activities outside the District, such as conventions, conferences or workshops, will not usually be considered for professional growth credit. When special circumstances seem to warrant consideration, staff members should request approval prior to the event for the request to be considered for professional growth credit.
● Credit will be given for approved classes by the District professional growth program for salary increases in the amount of seventy five (75) dollars per credit hour, up to the maximum of eighteen (18) credit hours per year.
Effective Dates of Salary Increases
Requests for educational increment must be received in the Human Resources Department no later than December 15 on the forms provided. Courses should be listed in chronological order. Course approval must have been obtained from the Human Resources Department prior to taking the course, where applicable.
Evidence in the form of official transcripts or grade slips must be submitted to the Human Resources Department by January 31. Credit will be awarded only after request forms have been submitted and evaluated.
Maintenance of Professional Standards
To be considered for professional growth credit, all college courses outside a degree program must have the following:
● Course Time Per Credit Hours:
■ A minimum of fifteen (15) hours of classroom instruction.
■ A minimum of thirty (30) hours outside required study or project development.
● Course Content Summary:
■ The employee may be asked to provide a course summary which will include the objectives of each class period and any required papers, reports or projects that require out-of-class preparation.
Teachers may be asked to verify their fulfillment of minimum standards of attendance and performance in classes reported for credit. Classes that are listed for certain credit hours but do not meet policy standards will not be approved for the full credit listed by the sponsoring institution. Less credit, in keeping with District standards, may be awarded by the District. Questions should be referred to the Administrator for Human Resources, for clarification, prior to enrollment.
Appeal Procedures
Denial of requests for credit may be appealed to the Superintendent, or designee, who will make a final determination.
Transcripts and Documentation
It is the responsibility of all certified and administrative staff members to furnish official transcripts of college and university credits that apply toward salary advancement. If credit is requested for non-college work, other proof will be required. This proof will be outlined when the class is approved for credit.
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 (Master's level or above) 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 maximum credits allowed each yearrequired for each column of the salary schedule. The number of credits to be granted for each course shall be determined by the Superintendent.
Credit for advancement on the salary schedule for in-service classes and workshops conducted by the District shall be granted on a per seat hour basis. One (1) seat hour will be awarded for each hour of attendance in such classes. Fifteen (15) seat hours are considered to be the equivalent of one (1) semester hour of college credit. Seat hours will be accumulative. Sessions qualifying under this section will be identified to the staff at the time they are scheduled. Teachers will be responsible for confirming with the Human Resources Department those credits earned for in-service activities.
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 salary advancement.
Professional Growth
The Governing Board provides for salary awards to certificated and administrative staff who meet standards for professional growth. The purpose of the Professional Growth Plan is to:
● enable certificated and administrative employees to build more leadership capacity and improve instruction in the District;
● retain valuable staff; and
● encourage high standards of performance.
To be considered for professional growth, staff must follow the guidelines in GCI-R.
Adopted: November 12, 2014advancement on the salary schedule.
Adopted: <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-342
Probationary teacher means a certificated teacher who is not a continuing teacher or a teacher who has been designated in the lowest performance category.
Continuing teacher means:
● a A. a certificated teacher who has been and is currently employed by the District for the major portion of three (3) consecutive consecutive school years, and;
● who B. who has not been designated in the lowest performance classification for the previous school year or who has not 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: August 13, 2013 <-- 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
Assignments
The Superintendent will determine all professional staff assignments. Such assignments shall 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 Districtinstructional program. In addition, no right to school, grade, or subject assignment shall be inferred from the standard teacher's contract.
Transfers
A teacher who has been employed by the School District for the major portion of three (3) or more consecutive school years and who is designated developing or ineffective currently designated in the lowest performance classification for two (2) consecutive school years shall not be transferred as a teacher to another school in that school district the District unless the District has issued a preliminary notice of inadequacy of classroom performance and approved a performance improvement plan for the teacher pursuant to A.R.S. 15-539 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 pursuant to A.R.S 15-537.under the provisions of this paragraph.
The transfer of teachers from one school to another school within the School District shall take into consideration the needs of the pupils in the School District and the current distribution of teachers across all of the four (4) performance classifications as adopted by the State Board of Education pursuant to A.R.S. 15-203(A)(38).
The procedure for assignment and transfer of professional staff members will be based on the needs of the instructional program. Assignments may be changed to serve the best interests of the District and students.
Professional staff members may apply for transfer or reassignment, whether or not a vacancy exists. Generally, transfers Transfers will not be approved during the school year unless the needs of the District dictate such approval.
An employee may apply for any posted job opening in the District by following the District's internal application process.
Voluntary Transfers
A transfer may be requested by an employee. If the request involves transfer to another location but in the same job classification, a Request for Transfer form must be completed and filed in the Human Resources Department. After review by the supervisor, the employee will be advised of the decision regarding the request. Requests for transfer will be received year round by the Human Resources Department. Voluntary transfers of teachers may occur up to July 1. Any transfers following July 1 will require the approval of the Superintendent. If an employee is interviewed by a supervisor for an opening, that supervisor will notify the employee of the outcome of that interview.
Voluntary Transfers to School
Opening for the First Time
Any transfer of an existing teacher to a new school must be limited in such a way as to balance the needs of the new school and the needs of the existing school from which the employee is being transferred. Every effort will be made to ensure that every grade level or department should have one (1) or more teachers with more than three (3) years of in-District experience.
Involuntary Transfer Policy -
Certificated
When a transfer is determined to be necessary, certificated staff may be involuntarily moved to another assignment within the District according to the following procedures:
● When the transfer is due to enrollment shifts:
■ The principal will first discuss the reduction with all certificated staff at the grade level or department being affected.
■ Thereafter, the general school staff will be informed and may be invited to share in seeking solutions.
● When the transfer is for other than enrollment changes, the principal shall consult with the teacher affected under the provisions of bulleted items listed below under Identifying Those To Be Transferred.
Identifying Those To Be Transferred:
● When it is possible to meet staff reduction needs of a given facility by in-school transfers, staff in that location may volunteer to be moved to another position before involuntary transfers are identified.
● The principal will discuss the instructional needs of the grade level or department with the affected staff and ask for volunteers to transfer. Those who volunteer to be transferred will be considered first, but are not automatically selected for reassignment.
Selection of individuals for transfer will be based upon the following criteria:
● The instructional and activity needs of the school as determined by the principal.
It shall be the policy of the Board that professional staff 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, staff shall be assigned first in accordance with the needs of the District, second where the Superintendent determines the employee is most qualified to serve, and third as to the expressed preferences of the employee.
Any transfer consideration would need to take into account the resulting impact on the equitable distribution of effective and highly effective teachers.
● The principal will prepare a written rationale describing the basis for each involuntary transfer. A copy of the rationale will be given to the teacher and forwarded to Human Resources. The teacher may request a review of the transfer. The review will be completed by Human Resources, the teacher, and if the teacher chooses, a principal of the teacher's choice. If the review contradicts the original decision, the findings will be forwarded to the Superintendent for final disposition.
The 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: August 13, 2013 <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-537
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. Extra duty assignments will be made by the Superintendent. In addition to regular duties, teachers may be called upon to assist with certain non-paid extra-curricular duties such as the sponsorship of student organizations or activities, the Parent-Teacher Association (PTA) or other comparable organizations, and site councils and to attend the regular meetings. Assignments will be as equitable as possible. These activities are considered in the course of employment and are covered by the District's workers compensation program.
Adopted: date of Manual adoption
Adopted: <-- z2AdoptionDate -->
CROSS REF.:
GCMF - Professional Staff Duties and Responsibilities
JLIA - Supervision of Students
The Superintendent will arrange for and hold staff meetings as the need may arise. This authority may be delegated to the school principals, who may hold such building meetings on a regularly scheduled basis or as they may arise.
All teachers are required to attend any such meetings unless officially excused by the principal or the Superintendent prior to the meeting.
The Board and the administration recognize the value of and encourage grade-level staff meetings or departmental staff meetings. A minimum number of such meetings will be allowed during the regular school day, as long as the minimum number of classroom minutes for the grade level has been met. Arrangements for such meetings shall be made with the Superintendent through the school principals.
Adopted: date of Manual adoption <-- 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:
● Make A. Make student learning the primary focus of the teacher's professional time.
● Hold B. Hold students to strict account for disorderly conduct.
● Exercise C. Exercise supervision over students in class and during all school activities, on the playgrounds and during recess if assigned to such duty.
● Take D. Take and maintain daily classroom attendance.
● Make E. Make the decision to promote or retain a student in grade in a common school or to pass or fail a student in a course a course in high school. Such decisions may be overturned only as provided in A.R.S. 15-342.
● Comply F. Comply with all rules, regulations, and policies of the Governing Board that relate to the duties as prescribed.
A teacher shall not use sectarian or denominational books or teach any sectarian doctrines or conduct religious exercises.
A teacher who instructs a course offered under Policy IHAL, Teaching About religionReligion, in its appropriate historical context and in good faith shall be immune from civil liability and disciplinary action pursuant to section A.R.S. 15-535.
A teacher who fails to comply with the above is guilty of unprofessional conduct and may be subject to disciplinary action by the Governing Board and by the State Board of Education.
A teacher who is arrested for or charged with any nonappealable offense listed in section 41-1758.03, subsection B and who does not immediately report the arrest or charge to the teacher's supervisor is guilty of unprofessional conduct and shall be immediately dismissed from employment with the School District.
Adopted: January 24, 2013 <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-203
15-341
15-521342
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 the improvement of the quality of instruction and the strengthening of the abilities of the professional staff.
Certain elements in an effective evaluation process shall be emphasized:
● Evaluation shall be a cooperative endeavor between evaluator and staff member.
● Open communication shall be considered essential.
● The agreed-upon purpose of evaluation shall be to work toward common goals for the improvement of education. This shall include attention to student and staff success, which shall include all certificated staff members.
● Evaluation shall be continuous, flexible, and sensitive to need for revision.
● The result of evaluation(s) shall be courses of action for the improvement of instruction. These courses of action shall be set in motion by specific recommendations mutually reviewed by the evaluator and the evaluatee.
● Evaluation shall be considered one aspect of effective management, rather than a discrete entity.
● Effective evaluation depends on accurate information; therefore, input from all appropriate sources shall be used.
● Evaluation(s) shall be based on, but not limited to:
■ Student learning is the primary focus of the teacher's professional time.
■ Job expectations within the District.
■ Instruments for assessment.
■ Personal observation.
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 less than fifty percent (50%) of his 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 under the law and defined by the State Board of Education.
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 evaluation instrument will utilize :
A. Utilize the required elements of the model framework for a teacher and principal evaluation
instrument adoptedinstrument adopted by
thethe State Board of Education
on or before December 31, 2012, that includes;
B. Include quantitative data on student academic progress that accounts for between thirty-three percent (33%)
andand fifty percent (50%) of the evaluation outcomes
. The evaluation shall include;
C. Include four (4) performance classifications, designated as highly effective, effective, developing,
and ineffective.and ineffective;
D. Meet the data requirements established by the State Board of Education to annually evaluate individual teachers and principals.
Performance classifications for teachers shall be the same four (4) performance classifications adopted by the State Board of Education. The performance classifications are to be applied to the evaluation instruments in a manner designed to improve principal and teacher performance. At least annually, the School District Governing Board shall will discuss at a public meeting its aggregate performance classifications of principals and teachers.
In accordance with state law, the District shall The District will involve its certificated teachers in the development and periodic evaluation of the teacher performance evaluation system. The following elements will be a part of the evaluation system:
● It A. It will meet the requirements prescribed in statute and provide at least one (1) evaluation of each certified teacher certificated teacher by a qualified evaluator each school year or as provided in Section I.
● A B. A copy of the evaluation system shall be given to each teacher in the District.
● Specific C. Specific training requirements for qualified evaluators, approved by the Board, will be included which may involve may involve local or national educator training resources recommended by the Superintendent.
● The Board shall receive from the Superintendent recommendations for qualified evaluators D. The Superintendent will recommend qualified evaluators to the Board prior to naming evaluators. Principals have the primary responsibility for evaluation of teachers.● The best
E. The Board will designate qualified evaluators.
F. Best practices for professional development and evaluator training adopted by the State Board of EducationEducation will be considered.
● The G. The system will include incentives for teachers in the highest performance classification.
● The H. The system will include a plan for the appropriate use of quantitative data of student academic progress in evaluations in evaluations of all certificated teachers. The plan may make distinctions between certificated teachers who provide 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 certified teachers for certificated teachers who have taught for less than two (2) complete school years.● The Governing Board may
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
purposespurpose of ascertaining that the teacher is demonstrating adequate performance.
● The Board will approve qualified evaluators by name or position at a Board meeting each year.
Inadequacy of Classroom
Performance
The District's definition of Inadequate Classroom Performance is as follows: Inadequate classroom performance means the teacher's inability to implement or consistently implement those teaching skills necessary for creating a successful learning environment for all students; or a teacher's failure to have sufficient knowledge of the subject matter or the basic skills needed to impart that knowledge to the students.
The criteria of Inadequacy of Classroom Performance are set forth in the Domains listed in the District's Teacher Evaluation Instrument. A teacher's classroom performance will be deemed inadequate if the teacher receives at least one (1) rating of Unsatisfactory on any component set forth in Domains 1-4 of the Teacher Evaluation Instrument.
In addition, continuing teachers whose evaluation performance classification is Ineffective for two (2) consecutive years will receive a preliminary notice of inadequacy of classroom performance, unless the teacher================================================================
The District teacher evaluation will address the following items (to be inserted in this location after adoption by the Board):
Item 1
The Board shall describe performance improvement plans for teachers designated in the lowest performance classification and dismissal or nonrenewal procedures pursuant to section 15-536 or 15-539 for teachers who continue to be designated in the lowest performance classification.
Item 2
The Board's dismissal or nonrenewal procedures shall require that the District issue the preliminary notice of inadequacy of classroom performance no later than the second consecutive year that the teacher is designated in one (1) of the two (2) lowest performance classifications unless the teacher is in the first or second year of employment with the District or has been reassigned to teach a new subject or grade level for the preceding or current school year. Teachers who receive notice will be deemed to be probationary for the subsequent school year and shall remain probationary until the teacher's performance classification is designated as Effective or Highly Effective.
If a continuing teacher whose performance classification is Ineffective for any school year, the teacher becomes probationary for the subsequent school year. To regain continuing status, the teacher must score Effective or Highly Effective.
If the District receives approval to budget for a career ladder program, more than one (1) evaluation system may be developed as authorized in A.R.S. 15-539. If more than one (1) level is established, the same level of performance for minimum adequacy shall be required of all teachers who have completed the same number of years of teaching in the District.
Prior approval by the Board is not required for each notice of inadequacy. The Director of Human Resources is authorized to issue
================================================================
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 , subject prior to Governing Board approval by the Superintendent. The Superintendent, in consultation with the principal or supervisor of the classroom teacher, will consider any mitigating circumstances before issuing such notice notices to a classroom teacher who is new to the profession or who was recently reassigned to a new grade level or content area. When a notice is issued without prior Board approval, the Board shall The Board will be notified within ten (10) school days of such issuance.
Classroom Performance and
Professional Responsibilities
If there is reliable and substantive evidence that a teacher's failure to meet criteria set forth in Domains 1-4 of the District's Classroom Teacher Evaluation Instrument is deliberate, the teacher's failure to meet the criteria may be deemed unprofessional conduct, rather than inadequacy of classroom performance.
Evaluation of Administrators
and Psychologists
The District shall 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 the performance of principals, other school administrators, and certificated school psychologists. The District will seek advice from District administrators and psychologists Advice will be sought from those to be evaluated in the development of this the performance evaluation system for each of these employee classifications.
Evaluation of Principals and
Assistant Principals
The evaluation system for the evaluation of the performance of principals may include the overall over-all instructional program, student progress, personnel, curriculum, and facilities. Principals will be given a review of evaluation procedures prior to beginning the process.
The evaluation system for principals and assistant principals may include the following:
● Alignment A. Alignment of professional development opportunities to the principal evaluations.
● Incentives B. Incentives for principals in one (1) of the two (2) highest performance classifications, which may include multiyear include multiyear contracts and incentives to work at schools assigned a letter grade of "D" or "F."
● Transfer C. Transfer and contract processes for principals designated in the lowest performance classification.
The Subject to statutory limitations, the Board shall make available the evaluation and performance classification required by pursuant to A.R.S. 15-203(A)(38) of of each principal in the School District to school districts and charter schools that are inquiring about the performance of the principal for hiring purposes.
Evaluation of Other Administrators
The format for the evaluation system for other administrators (other than the Superintendent) will be developed under the leadership of the Superintendent, focusing on the responsibilities and outcomes which support the overall over-all instructional program and needs of the District. Evaluation procedures, timelines, and methods to be used for the communication of evaluation results will be reviewed with each employee prior to beginning the process.
Evaluation of Certificated
School Psychologists
The evaluation system for certificated school psychologists shall include the following:
● Recommendations A. Recommendations as to the areas of improvement in the performance of the certificated school psychologist if the performance the performance warrants improvement.
● After B. After transmittal of an assessment, a Board designee shall confer with the certificated school psychologist to make to make specific recommendations as to the areas of improvement in performance.
● The C. The Board designee shall provide assistance and opportunities for the certificated school psychologist to improve to improve his or her performance and shall follow up after a reasonable period of time for the purpose of ascertaining that ascertaining that adequate performance is being demonstrated.
● Appeal D. Appeal procedures for certificated school psychologists who disagree with the evaluation of their performance, if if the evaluation is used 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 specific specified time period.
Adopted: September 10, 2013 <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-203
15-502
15-503
15-536
15-537
15-537.01
15-538
15-538.01
15-539 et seq.
15-544
15-549
15-918.02
15-977
A.A.C.
R7-2-605
CROSS REF:
GCB - Professional Staff Contracts and Compensation
GCF - Professional Staff Hiring
GCJ - Professional Staff Noncontinuing and Continuing Status
GCK - Professional Staff Assignments and Transfers
GCMF - Professional Staff Duties and Responsibilities
GCQF - Discipline, Suspension, and Dismissal of Professional Staff Members
GDO - Evaluation of Support Staff Members
REGULATION
EVALUATION OF PROFESSIONAL
STAFF MEMBERS
Purpose
A formal process of evaluating all certificated personnel will be implemented. The purpose of evaluation shall be the improvement of the quality of instruction. Such a process, to achieve the greater measure of success, shall be predicated on the assumption that the evaluation will be a cooperative procedure, with the evaluator and the evaluatee having full knowledge of the criteria, process, and results.
The following statements give more specific purposes for evaluation:
● Evaluations determine how well the objectives held by the school are being carried out. The success of the educational program is dependent upon the quality of classroom instruction, supervision, and administration.
● Evaluations provide the basis for motivation and for self-improvement, permitting personnel to be aware of their strengths and weaknesses in order to improve.
● Evaluations provide a basis for planning in-service training and supervisory activities. Such activities can be most effective when they are based upon clear evidence of need as shown by evaluation studies.
● Evaluations provide the basis for administrative decisions. Such decisions may include the employment of personnel, their assignment, the granting of continuing status, promotion, demotion, or termination.
● Evaluations aid in determining the adequacy or inadequacy of classroom performance.
Definitions
When used in this regulation:
● Instructional day will mean a day in which pupils are scheduled to attend school for instructional time.
Teacher Evaluation
Teacher evaluation shall include all classroom teachers and other certificated nonadministrative staff members. Such evaluation shall be based on Policy GCO and the procedures outlined in the following.
Evaluators. Qualified evaluators shall be designated by the BoardEvaluators
The Superintendent will compile an updated listing of those who have successfully completed the District required evaluator training and submit this list of newly trained evaluators prior to the first scheduled staff observation by an evaluator to the Governing Board for designation as qualified evaluators. The evaluator shall be responsible for the final written and official statement of evaluation, which shall be in writing, and a copy shall be transmitted to the certificated teacher within five (5) days after completion of the evaluation. [A.R.S. 15-537]
The administration is responsible for an in-service training program for evaluators. This program shall incorporate a philosophy, procedure, and techniques that ensure effective implementation of the evaluation plan.
Classroom visitations by evaluator. Formal observations shall be spaced and of sufficient duration.
Formal observations may sometimes be prearranged through initiation by either the observer or the teacher. Formal observations shall be defined as those that are written and provide an opportunity for a follow-up conference.
Informal Superintendent shall implement the specific training requirements for qualified evaluators prescribed by the Governing Board.
Best practices for professional development and evaluator training adopted by the State Board of Education should be referenced by the Superintendent periodically as the State Board has the authority to periodically make adjustments to align with the model framework for teacher and principal evaluations with assessment data changes at the state level.
Classroom Observations by Evaluator:
A. The teacher performance evaluation system shall include at least two (2) actual classroom observations of the certificated teacher demonstrating teaching skills in a complete and uninterrupted lesson by the qualified evaluator. However, 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.
B. There shall be at least sixty (60) calendar days between the first and last observations.
C. Preliminary notice of inadequacy may follow the first observation.
D. The last observation may follow the issuance of a preliminary notice of inadequacy of classroom performance, the completion of any performance improvement plan and be used to determine whether the teacher has corrected inadequacies and has demonstrated adequate classroom performance.
E. An observation shall not be conducted within two (2) instructional days of any scheduled period in which school is not in session for one (1) week or more.
F. Informal or additional formal observations may be made at the discretion of the administrator. Observations that do not constitute a complete and uninterrupted lesson shall not be considered in determining performance ratings and may only be used to provide feedback to improve instructional performance.
Procedural steps Steps in the process Process of evaluationEvaluation:
● A. The evaluation procedures shall be reviewed at each school. At the beginning of the school year, the principal shall principal shall meet with the school's faculty for the purpose of orienting the teachers to the total evaluation plan. This shall include whether the evaluation is used as a criterion for establishing a Any teacher that is hired after the school year begins must also be given a review of evaluation procedures prior to the teacher's compensationevaluation.
● Self-evaluation for the teacher shall be urged.
● An observation(s) in the classroom shall be completed.
● An opportunity for a conference shall follow each formal observation/visitation.
● A written record shall be made of each observation, with a copy to the observed teacher.
● The official evaluation shall
B. Within ten (10) business days after each observation, the qualified evaluator observing the teacher shall provide written feedback to the teacher and a copy shall be retained for the principal's file. A third copy shall be placed in the teacher's personnel file and made available to authorized District officers and employees and as otherwise provided by law.
C. The results of an annual evaluation shall be in writing, or provided in electronic format to the certificated teacher and a copy shall be transmitted or provided in an electronic format to the certificated teacher within five (5) business days after completion of the evaluation.
D. Either the qualified evaluator or another Board designee shall confer with the teacher to make specific recommendations as to the areas of improvement in the teacher's performance and to provide professional development opportunities for the certificated teacher to improve performance and follow up with the teacher after a reasonable period of time for the purpose of ascertaining that the teacher is demonstrating adequate performance.
E. The certificated teacher may initiate a written reaction or response to the evaluation. The official evaluation shall be reduced to writing and signed by both the teacher and the evaluator. The teacher's signature shall not shall not mean concurrence. The teacher shall be allowed ten (10) calendar days to write and submit any comments, which shall be attached to the evaluation.● A copy
F. Copies of the written evaluation shall be transmitted to the teacher within five (5) days after completion of the evaluation, and a copy shall be retained for the principal's file. A third copy shall be placed in the teacher's personnel file and made available to authorized District officers and employees.● Teacher evaluations evaluation report and performance classification of a certificated teacher retained by the Governing Board and the Department of Education are confidential, do not constitute a public record , and shall and shall not be released or shown to any person except for the explicit purposes set out to those stipulated in A.R.S. 15-537.
Evaluation program. The specific format for the teacher evaluation system will be developed in compliance with Policy GCO and this regulation under the leadership of the Superintendent.
Inadequate classroom performance. All teachers whose classroom performance is inadequate will be notified in accordance with the law and the contents of Policy GCO.
Frequency of written evaluations. Evaluations shall be made at least two (2) times per year for noncontinuing teachers, and at least once per year for continuing teachers.
Evaluation schedule (also see Policy GCJ):
● Noncontinuing teachers (employed by the School District for less than the major portion of three [3] consecutive school years):
■ During the week of orientation, evaluation procedures shall be reviewed at each school. Any teacher who is hired after orientation week shall be individually oriented by the evaluator.
■ Prior to December 1, the first formative evaluation, including first semester observations, written report, and conference shall be completed.
■~ Minimum of three (3) classroom observations (to include a minimum of one [1] scheduled observation at least fifty (50) minutes and a pre observation conference) shall be completed.
■~ Post observation conference shall be completed.
■ Prior to May 1, second semester observations, written report and conference shall be completed and incorporated into a summative evaluation.
■~ Minimum of three (3) classroom observations (to include a minimum of one [1] scheduled observation at least fifty (50) minutes and a pre observation conference) shall be completed.
■~ Post observation conference shall be completed.
■ Not later than January 15, a noncontinuing teacher whose classroom performance is inadequate shall be given a preliminary notice of inadequacy of classroom performance. This notice will provide the noncontinuing teacher at least ninety (90) days in which to overcome the inadequacies. The noticewhich allows release to certain prescribed parties, including school districts and charter schools that inquire about the performance of the teacher for prospective employment purposes.
G. A school district or charter school that receives information about a certificated teacher from the evaluation report and performance classification shall use this information solely for employment purposes and shall not release to or allow access to this information by any other person, entity, school district or charter school for employment purposes.
Preliminary Notice of Inadequacy of Classroom Performance:
A. A teacher whose classroom performance has been evaluated as being inadequate shall be given a preliminary notice of inadequacy of classroom performance if the teacher may be dismissed or non-renewed because of this notice. The notice will provide the teacher at least forty-five (45) instructional days in which to overcome the inadequacies and shall specify the nature of the inadequacy with
such particularitysuch particularity as to furnish the teacher an opportunity to correct the inadequacies and
overcome the grounds for the charge. If the notice is issued without prior Board approval, the Board shall be notified within five (5) days of such issuance.■ Themaintain adequate classroom performance as defined by the Governing Board.
B. The Superintendent is authorized to issue preliminary notice of inadequacy of classroom performance without prior Board approval. The Superintendent will notify the Board of such issuance within ten (10) days of such issuance.
C. The preliminary notice of inadequacy of classroom performance shall be accompanied by a performance improvement plan designed to help the teacher correct inadequacies and demonstrate adequate classroom performance.
Nonrenewal/Dismissal of Certificated Employees:
A. The Board shall authorize, as necessary, and send notice to
noncontinuingteachers who will not be reemployed for
the ensuing school year. Subject to sections 15-539, 15-540, 15-541, 15-544 and 15-549, the Governing Board shall offer a teaching contract for the next ensuing school year to each certified noncontinuing teacher who is under contract of employment with the School District for the current school year, unless the Governing Board, a member of the Board acting on behalf of the Board, or the Superintendent gives notice to the teacher of the Board's intention not to offer a teaching contract or unless the teacher has been dismissed pursuant to A.R.S. 15-538, 15-539, 15-541, or 15-544. Noticethe ensuing school year.
B. The written notice of intention to dismiss or not to reemploy shall include a copy of any valid evaluation pertinent to the charges made.
C. Notice of the Board's intention not to reemploy the teacher shall be made by delivering it personally to
the teacherthe teacher or by sending it by registered or certified mail to the teacher at the teacher's place of residence,
as recordedas recorded in the District's records. The notice shall incorporate a statement of reasons for not
reemploying the teacher. If the reasons are chargesreemploying the teacher.
D. If a teacher does not correct inadequacies and demonstrate adequate classroom performance following the preliminary notice of inadequacy of classroom performance
as defined by the Governing Board pursuant to section 15-539, subsection D, the Board or its authorized representative, at least ninety (90) days prior toaccompanied by a performance plan and the statutory time allocated for such improvement has elapsed, a written notice of intention to dismiss or not to reemploy may be issued.
E. The Governing Board shall give any certificated teacher notice of intention to dismiss or not to reemploy if such intention is based on charges of inadequacy of classroom performance. The Governing Board or its authorized representative at least forty-five (45) instructional days before such notice, shall give the
teacherteacher written preliminary notice of inadequacy of classroom performance, specifying the nature
of the inadequacy with such particularitythereof with such particularity as to furnish the teacher an opportunity to correct
theinadequacies and
overcome the grounds for chargemaintain adequate classroom performance.
TheA notice of the Governing Board's intention to dismiss or not to reemploy
shall include a copy of any evaluation pertinent to the charges made and filed with the Board.■ None of the above statements shall be construed to give the noncontinuing teacher the right to a hearing pursuant to 15-536 and 15-539.
● Continuing teachers (employed by the School District for more than the major portion of three [3] consecutive school years):
■ For continuing teachers, classroom observations, written reports and conferences shall be completed as follows:
■~ A minimum of one hundred twenty (120) minutes of observation.
■~ A minimum of three (3) observations.
■~ Post observation conference shall be completed by May 18.
■ A continuing teacher would also be expected to have at least one (1) formal observation if that teacher transfers to another school, transfers to another grade level or subject area or at the discretion of the campus administrator/evaluator.
■ Continuing teachers shall be evaluated at least once each year. If the evaluation is used as the basis of a preliminary notice of inadequacy of classroom performance, the evaluation:
⇒ May not be conducted within two (2) instructional days of any school break of one (1) week or more.
⇒ Must be conducted in accord with District procedure.
⇒ Must be completed in time to be included in the notice of inadequacy of classroom performance, which may be issued by the Governing Board or its authorized representative or delegated employee at least ten (10) instructional days prior to the start of the statutory period of time the teacher is to be given to correct the inadequacy and overcome the grounds for the charge not less than sixty (60) instructional days (per A.R.S. 15-539). The notice of inadequacy of classroom performance shall be based on a valid evaluation according to District procedure, shall include a copy of any evaluation pertinent to the charges made. If thefor inadequacy of classroom performance shall not be issued until the District has completed an observation at the conclusion of a performance improvement plan.
F. In the case of a continuing teacher, if the teacher does not demonstrate adequate classroom
performance withinperformance within the allotted time the Board shall dismiss the teacher
either within ten (10) days of service of a subsequent notice of intention to dismiss or by the end of the contract year in which the notice is served unless the teacher requests a hearing as provided by A.R.S. 15-539. In all cases in which an employee of the Governing Board issues a notice of inadequacy of classroom performance without prior approval by the Board, the employee District shall report such issuance to the Governing Board within five (5) school days.■ All provisions of A.R.S. 15-538.01, A.R.S. 15-539, and other appropriate Arizona Revised Statutes shall be complied with in the dismissal of continuing teachers.
■ Subject to A.R.S. 15-539, 15-540, 15-541, 15-544, and 15-549, theas provided by statute.
Contracts of Certificated Employees
The Governing Board shall offer a teaching contract for the next ensuing school year to each certificated probationary teacher who is under a contract of employment with the District for the current school year, unless the Governing Board, a member of the Board acting on behalf of the Board or the Superintendent gives notice to the teacher of the Board's intention not to offer a teaching contract or unless such teacher has been dismissed.
The Governing Board shall offer to each certificated continuing teacher who has been employed more than the major portion of three (3) consecutive years and who is under contract of employment with the District for the current year a contract renewal for the next ensuing school year unless the
Governing Board, a memberteacher has been given notice of the Board
acting on behalf of the Board, or the Superintendent gives notice to the continuing teacher's intent not to offer a contract and to dismiss the teacher as provided by statute.
The Governing Board shall offer a contract to each certificated teacher who is not designated in the lowest performance classification and was offered a contract in the prior year unless the teacher has been given notice of the Board's intent not to offer a contract and to dismiss the teacher
as provided in A.
R.S. 15-539.
Teacher Acceptance of Contract. The teacher's acceptance of the contract must be indicated within fifteen (15) business days from the date of the teacher's receipt of the written contract or the offer of a contract is revoked.
Receipt is considered to have occurred when the written contract is:
● personally A. personally delivered,
● placed B. placed in the teacher's school-provided mailbox, including electronic mail, or
● two C. two (2) days after being placed in a United States Postal Service mail box.
The teacher accepts the contract by signing the contract and returning it to the Governing Board or by making a written instrument which accepts the terms of the contract and delivering it to the Governing Board. If the written instrument includes terms in addition to the terms of the contract offered by the Board, the teacher fails to accept the contract.
Administrators and Psychologists
Continuous evaluation of all aspects of the total educational program, including student progress, personnel, curriculum, and facilities, will include a formal process of evaluating all certificated administrators and psychologists. The purpose of this evaluation shall be the improvement of the quality of the educational program in the District. The evaluation The Governing Board may transmit and receive contracts of certificated employees in an electronic format and may accept electronic signatures on those contracts. Additional provisions are as follows:
A. If a contract has not been transmitted to the certificated employee by the end of the current school year, an electronic contract to that certificated employee, if provided in that format by the District, shall be transmitted prior to the start of the next school year and shall be submitted to both the certificated employee's District e-mail as well as the certificated employee's personal e-mail in order to notify the certificated employee of the offer of contract.
B. Each certificated employee shall be responsible for submitting his or her personal e-mail to human resources personnel at the District for this purpose.
C. Documents transmitted in an electronic format pursuant to this subsection shall be considered written documents for the purposes of sections 15-536 and 15-538.01.
D. If the Governing Board has so adopted, electronic signatures are to be followed by original signatures within a specified time period.
E. The Governing Board that accepts an electronic signature for a certificated employee's contract shall provide validation to the certificated employee that the contract has been transmitted.
Principals, Other Administrators and
Certificated School Psychologists:
A. Evaluation will be a cooperative procedure, with the evaluator and the evaluatee having full knowledge of
the criteria, process, and results.The following statements give more specific purposes for evaluation:
● Evaluations determine how well the objectives held by the school and District are being carried out. The success of the educational program is dependent upon many factors, which include the quality of classroom instruction, student evaluation, supervision, and administration.
● Evaluations provide the basis for motivation and for self-improvement, permitting administrative personnel to be aware of strengths and weaknesses in order to improve the operation of the District's programs.
The specific format for the evaluation system for certificated administrators and psychologists will be developed under the leadership of the Superintendent.
Administrator/the criteria and process.
B. The results of an annual evaluation shall be in writing, or be provided in electronic format, to the evaluatee and a copy shall be transmitted or provided in an electronic format within five (5) business days after completion of the evaluation.
C. Evaluation documents and procedures shall be developed based on the unique responsibilities and expectations inherent in the assignment.
D. The evaluation and performance classification of each principal in the District will be made available to school districts and charter schools that are inquiring about the performance of the principal for hiring purposes.
Principal, Other Administrator, and
Certificated School Psychologist
Contract Renewal
If the administrator's contract with the School District is for more than one (1) year, but not exceeding three (3) years, on or before May 15 of the last year of the contract, the Board , a member of the Board acting on behalf of the Board, or the Superintendent shall offer a contract for the next school year to the administrator unless on or before April 15 the Board gives notice to the administrator of the Board's intention not to offer a new administrative contract.
If the administrator's or psychologist'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 each certified the administrator or psychologist , unless on or before April 15 the Board , a member of the Board acting on behalf of the Board, or the Superintendent gives notice to the administrator or psychologist of the Board's intention not to offer a new administrative contract or psychologist's contract.
LEGAL REF.:
A.R.S.
15-503
15-536
15-537
15-538
15-538.01
15-539
15-540
15-541
15-544
15-549
REGULATION
EVALUATION OF PROFESSIONAL
STAFF MEMBERS
(Procedures for Appeal of Evaluation)
If an employee disagrees with the content of an evaluation, the employee may file a written response specifying the reasons for his/her disagreement. Such written responses must be delivered to the evaluating supervisor within ten (10) working days after the receipt of the evaluation report. The written response shall be attached to the original evaluation and remain on file as long as the evaluation report is retained. The content of the evaluation shall be defined as the rating of employee performance. The content of the evaluation reflects the judgments of the evaluator and is not subject to the grievance, equity procedure. This does not preclude an evaluator from modifying ratings based upon information provided by an employee in post-conferences.
If an employee believes that a procedural error has occurred in his/her evaluation, the grievance equity procedure may be utilized.
A procedural error in the evaluation process shall be defined as:
● A violation of established timelines of the evaluation system.
● Failure to provide documentation to support the ratings and recommendations under the Domains and Professional Expectations sections of the Peoria Unified School District No. 11 Classroom Teacher Evaluation Instrument.
When an evaluation is used as the criterion for establishing a teacher's compensation, the teacher will be so informed at the conference where the evaluation is discussed.
A teacher whose evaluation is used as a criterion for establishing compensation and who disagrees with the evaluation may make a written appeal to the Superintendent no later than ten (10) days after the conference where the disputed evaluation is discussed.
The appeal to the Superintendent shall be limited to the sole issue of how the evaluation procedure used is at variance from the Board-adopted procedure.
LEGAL REF.:
A.R.S.
15-537
The burden of proof is on the teacher and the appeal may consist of a paper review. The decision of the Superintendent shall be final and not subject to further appeal or review.
The Superintendent will fill positions of increased responsibility with the best available candidates. Candidates will be considered both from within and from outside the District.
Adopted: date of Manual adoption <-- z2AdoptionDate -->
The number and type of certificated staff positions required to implement the District's educational program will be determined annually by the Board after recommendation from the Superintendent. In the event the Board decides to release certificated staff members, the following guidelines will be in effect:
● Normal attrition due to teacher terminations will be relied upon as the first means of reducing the staff.
● If attrition does not accomplish the required reduction in the staff, the The Superintendent shall submit to the Board recommendations for the termination of specific staff members. The The criteria used in formulating these recommendations shall include, but shall not be limited to:
■ Qualifications 1. Qualifications and certification of staff members to accomplish the District's educational program, including including certification requirements for specialty categories and designation as a highly qualified teacherqualified teacher.
■ Overall 2. Overall teaching experience, academic training, and ability.
■ Past 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. Each year, the Governing Board will determine the contract language which may include a liquidated damages clause and the effective dates of that clause. Employees wishing to leave before the completion of their contract will be subject to the liquidated damages clause contained within the contract, unless they meet one (1) of the following exceptions:
● Retirement onto the Arizona State Retirement System (ASRS) with prior advance notice (during annual issuance of contracts) and with the agreement that the employee will complete the semester during which they are eligible to retire;
● Internal promotion to a position that involves supervision or advancement in title and movement to a new contract template;
● Verified medical reasons; or
● Move out of county, state or country beyond the employee's control.
Additionally, the Governing Board may waive the liquidated damages in circumstances when an agreement is reached with the District for resignation, job performance, issues related to required certification or licensing, or other circumstances judged to be out of the control of the employee. Finally, the amount of the liquidated damages can be prorated in accordance with the employee's assigned full time equivalency (FTE) listed on the contract. For example, an employee with a one-half (.5) FTE can have the assessed liquidated damages reduced to one-half (.5) of the amount contained in the contract.
The Superintendent will make the determination as to whether the employee has met the requirements of the listed possible exception(s) and make the recommendation to the Governing Board regarding the liquidated damages waiver.
A teacher who resigns and who may A release from an uncompleted contract may be granted contingent upon the availability of a well-qualified, certificated teacher as a replacement.
A teacher who resigns contrary to this policy shall be deemed to have committed an unprofessional act and shall be subject to the penalty as provided under Arizona statutes and State Board of Education regulations.
Benefits
All full time employees hired prior to July 1, 2006 who have been actively employed five (5) or more years in the District, ten (10) or more years if hired after June 30, 2006 shall, upon voluntary resignation/retirement or death, receive a benefit determined in accordance with the formulas below.
Beginning with reductions in the 2012-13 school year, employees whose part-time status is a result of a District reduction in force, position elimination, or other involuntary reduction, and who meet the eligibility rules outlined above and have a balance of paid time off, will be eligible for pay-out at the time of their reduction according to the guidelines below. If, at the time of their reduction they would not be eligible for pay-out of the honorarium, the balance of the employee's discretionary leave will remain available for his or her use until the balance reaches zero, or he or she leaves the District. No pay-out of the remaining balance will be made at that time.
Twelve Month Employees
The Service Benefit Daily rate multiplied by the number of days unused up to a maximum of one hundred twenty (120) days plus any unused days in excess of one hundred twenty (120) multiplied by one-half (.5) of the Service Benefit daily rate.
The Service Benefit daily rate is calculated by multiplying one percent (1%) times the years of service in the District, multiplied by the employee's last annual salary, this amount is divided by one hundred twenty (120).
Nine Month Employees
The Service Benefit daily rate multiplied by the number of days unused up to a maximum of ninety (90) days plus any unused days in excess of ninety (90) multiplied by one-half (.5) of the Service Benefit daily rate.
The Service Benefit daily rate is calculated by multiplying one percent (1%) times the years of service in the District, multiplied by the employee's last year salary, this amount is divided by ninety (90).
Adopted: December 2, 2014
Adopted: <-- z2AdoptionDate -->
REGULATION
RESIGNATION OF PROFESSIONAL
STAFF MEMBERS
Contracted employees who resign before the conclusion of the contractual period will be subject to any liquidated damages clauses contained in the contract unless they meet the criteria outlined in policy and follow the process below:
● Resigning employee should submit to Human Resources the Retirement/Resignation/Termination Form and a letter requesting a waiver of the liquidated damages waiver. The letter should outline how the request meets one (1) or more of the criteria listed in the Policy GCQC. Additional documentation should be provided where available (for example, transfer orders from a spouse's employer, lease agreement showing address outside the county).
● Human Resources will process the employee resignation and instruct Payroll to withhold any outstanding funds from the employee's last paycheck.
● Human Resources will take the waiver request to the Superintendent to determine if the waiver criteria were met. The Superintendent will notify Human Resources of the findings and Human Resources will indicate the administration's recommendation on the next Board meeting's Human Resources Report to the Governing Board.
● If the Governing Board accepts the recommendation for waiver, Payroll will be notified and a refund or any outstanding funds will be sent to the employee.
● If the waiver is not granted, or no request was made for a waiver, then Payroll will withhold any outstanding funds. If the outstanding funds are not sufficient to cover the amount of the waiver, the employee will be sent a letter for the outstanding amount. The District will work with employees to establish payment plans if they are unable to pay the outstanding amount in one (1) payment.
● Each year, the Governing Board will review the liquidated damages amount and determine if any adjustments to amount or process needs to be made for the following year.
● Years of service must be consecutive in order to count towards the Service Benefit Honorarium.
● A year of service is granted when an employee successfully completes his or her work agreement and work calendar for a particular school year.
● Employees hired between July 1 and December 31 will be credited with a full year of service at the completion of that year's work agreement and work calendar. Employees hired after January 1 will qualify for a half year of service at the completion of that year's work agreement and work calendar.
Retirement is defined as an employee receiving benefits from the Arizona State Retirement System (ASRS). Employees hired after June 30, 2004, and who retire with the District will not be eligible for any medical cost reimbursement.
Retiree medical benefits will be provided by the District based on the employee meeting the designated eligibility requirements in the amounts outlined below:
● Retirees eligible for full reimbursement for medical costs must be an employee who:
■ Was hired prior to July 1, 2004;
■ Who retires by June 30, 2013; and
■ Who has fifteen (15) years of full-time service to the District.
These retirees will remain on the District's benefit plan until July 1, 2012, when they will be moved to the ASRS medical benefit plan. The District will continue to pay the premiums in full until the retiree is eligible for Medicare.
The District will reduce the premium reimbursement to the Retiree in the amount of the subsidy provided by ASRS to the employee while the District pays the premiums for this plan. In no case shall the premiums being paid by the District exceed the cost of the benefit plan being charged by the ASRS less any subsidy being provided by the ASRS.
● Retirees eligible for the medical premium subsidy paid for by the District are eligible for such reimbursement if the retiree:
■ Was hired prior to July 1, 2004;
■ Retires after June 30, 2013; and
■ Has a minimum of twenty-five (25) years of full-time service to the District.
Retirees meeting the criteria of a retiree eligible for the medical premium subsidy above will receive medical insurance coverage from the ASRS medical benefit plan with premiums support not to exceed four hundred ninety-one dollars ($491) per month paid for by the District until the retiree is eligible for Medicare. The District will continue to reduce the premium reimbursement to the retiree in the amount of the subsidy provided by ASRS to the employee while the District pays the premiums for this plan. In no case shall the premiums being paid by the District exceed the cost of the benefit plan being charged by the ASRS less any subsidy being provided by the ASRS.
● Retirees eligible for the medical premium subsidy paid for by the District is eligible for such reimbursement if the retiree:
■ Was hired prior to July 1, 2004;
■ Retires after June 30, 2013; and
■ Has a minimum of thirty (30) years of full time service to the District.
Retirees meeting the criteria of a retiree eligible for the medical premium subsidy above will receive medical insurance coverage from the ASRS medical benefit plan with premium support to help cover the cost associated with such benefit in the amount not to exceed five hundred ninety-one dollars ($591) per month paid for by the District until the retiree is eligible for Medicare.
The District will continue to reduce the premium reimbursement to the retiree provided by ASRS while the District pays the premiums for this plan. In no case shall the premiums being paid by the District exceed the cost of the benefit plan being charged by the ASRS less any subsidy being provided by the ASRS.
This coverage will be on a coordination of benefits and is secondary to any other coverage. This benefit is subject to annual review by the Governing Board at the time salaries and benefits are determined for the new contract year. The annual review will include an analysis of current costs and future costs projections to determine feasibility of continuing to offer the benefit or determine if adjustments are necessary.
The District reserves the option to provide coverage until the retiree is eligible for Medicare at no expense to an employee injured in the course of employment and no longer able to continue employment.
Retirement Benefits - Conditions
All full-time employees hired prior to July 1, 2006 who have been actively employed five (5) or more years in the District, ten(10) or more years if hired after June 30, 2006 shall upon voluntary resignation/retirement or death, receive a benefit determined in accordance with the formulas below.
Beginning with reductions in the 2012-13 school year, employees whose part-time status is a result of a District reduction in force, position elimination, or other involuntary reduction, and who meet the eligibility rules outlined above and have a balance of paid time off, will be eligible for pay-out at the time of their reduction according to the guidelines below. If, at the time of their reduction they would not be eligible for pay-out of the honorarium, the balance of the employee's discretionary leave will remain available for his or her use until the balance reaches zero, or he or she leaves the District. No pay-out of the remaining balance will be made at that time.
Twelve Month Employees
The Service Benefit daily rate multiplied by the number of accrued days up to a maximum of one hundred twenty (120) days plus any accrued days in excess of one hundred twenty (120) multiplied by one-half (.5) of the Service Benefit daily rate.
The Service Benefit daily rate is calculated by multiplying one percent (1%) times the years of service in the District, multiplied by the employee's last year salary, this amount is divided by one hundred twenty (120).
Nine Month Employees
The Service Benefit daily rate multiplied by the number of accrued days up to a maximum of ninety (90) days plus any accrued days in excess of ninety (90) multiplied by one-half (.5) of the Service Benefit daily rate.
The Service Benefit daily rate is calculated by multiplying one percent (1%) times the years of service in the District, multiplied by the employee's last year salary, this amount is divided by ninety (90).
Employees advising the human resources department, not later than January 1 of the year preceding their last contract, that they intend to conclude employment may have the resignation benefit added to their last year's salary. Those indicating after January 1 of their plans to end service will have the benefit awarded at the end of their last year, or in the next budget year as determined by the Superintendent. Actual payment will be awarded in such a manner as to comply with state statutes.
Retirement Incentive Program
The retirement incentive program is intended to provide a school employee with the opportunity to receive an incremental increase in salary during the final year of employment in exchange for the voluntary release, by the employee, of tenure rights or employee benefit rights accrued during such employment. Such payment must be offered and accepted in the employment contract prior to the beginning of the particular school year in which the retirement incentive pay is to be received.
The employee must apply to the Governing Board, in writing, for the retirement incentive during or before the year prior to the year in which retirement will occur. This application for the retirement incentive may be withdrawn on or before February 1 of the year of retirement.
An employee choosing the retirement incentive shall receive an increase over the regular contractual or scheduled salary in the year before retirement. All legally required deductions, including the employee's contribution to the state retirement fund, will be withheld. The payment shall be calculated as set forth below.
The payment will be based upon the number of years of service to the District.
Number of years Percent Number of years Percent
of service to the of annual of service to the of annual
School District salary School District salary
10 2% 16 8%
11 3% 17 9%
12 4% 18 10%
13 5% 19 11%
14 6% 20 and above 12%
15 7%
Sick Leave Payment upon Retirement
Upon proper and timely application for the retirement incentive program, the District will pay for accumulated sick leave on a graduated scale up to the maximum accumulated amount indicated by the District. Certificated employees will be paid based upon a daily rate established for payment of a day-to-day substitute teacher in the District, and support staff members will be paid based upon a daily rate calculated by multiplying the minimum wage times eight (8) hours. The payment will be made on the following scale:
Number of years Percent Number of years Percent
of service to the of annual of service to the of annual
School District salary School District salary
10 0% 16 30%
11 5% 17 35%
12 10% 18 40%
13 15% 19 45%
14 20% 20 and above 50%
15 25%
No continuing rights are established by this policy. In compliance with established procedure, the Governing Board reserves the right to modify or rescind any policy in accord with its own guidelines.
Adopted: June 13, 2013 <-- z2AdoptionDate -->
Employees may be reassigned, disciplined, transferred, released, terminated, denied pay increases, suspended with or without pay or otherwise appropriately dealt with for violations of the law, unprofessional conduct and/or failure to comply with Governing Board Policy, administrative regulations and as otherwise provided by statute.
Categories of Misconduct
Certificated staff members may be disciplined for infractions that include, but are not limited to, the following categories listed below. In addition, there is some conduct that the District considers so egregious in nature that, depending upon the circumstances, a single act may be regarded as sufficient reason for suspension, or dismissal.
● Engaging in:
A. Engaging in unprofessional conduct.
● Committing B. Committing fraud in securing appointment.
● Exhibiting C. Exhibiting incompetency in their work.
● Unauthorized disclosure of confidential District or student information.
● Violation of the District's Sexual Harassment policy.
● Violation of the District's discrimination policies.
● Inappropriate sexual conduct.
● Exhibiting D. Exhibiting inefficiency in their work.
● Exhibiting E. Exhibiting improper attitudes.
● Neglecting F. Neglecting their duties.
● Engaging G. Engaging in acts of insubordination.
● Engaging H. Engaging in acts of child abuse or child molestation.
● I. Engaging in acts of dishonesty, including theft or abuse of property.
● J. Being under the influence , or in the possession, or distribution of alcohol while on duty.
● Engaging K. Engaging in the illicit use , being in possession, or being involved in distribution of narcotics or habit-forming drugs.
● Being L. Being absent without authorized leave.
● M. Engaging in discourteous treatment of the public.
● Engaging N. Engaging in improper political activity.
● Engaging O. Engaging in willful disobedience, including fighting or inciting a fight on District property.
● Being P. Being involved in misuse or unauthorized use of school property.
● Being Q. Being involved in excessive absenteeism.
● Carrying R. Carrying or possessing a weapon on school grounds unless they are peace officers or have obtained specific authorization specific authorization from the appropriate school administrator.
Statutory Requirements
Certificated staff members disciplined under A.R.S. 15-341, A.R.S. 15-539, or other applicable statutes:
● May A. May not be suspended with or without pay for a period exceeding ten (10) school days under A.R.S. 15-341.
● May B. May be suspended without pay for a period of time greater than ten (10) school days or dismissed under Aunder A.R.S. 15-539.
● Shall C. Shall be disciplined under procedures that provide for notice, hearing, and appeal, subject to the requirements of requirements of A.R.S. 15-341 or A.R.S. 15-539, whichever is appropriate.
● ShallD. Shall, if disciplined under A.R.S. 15-539 or other applicable statutes, excluding A.R.S. 15-341, receive notice in notice in writing served upon the certificated staff member personally or by United States registered or certified mail addressed mail addressed to the employee's last-known address. A copy of charges specifying instances of behavior and the acts the acts of omissions constituting the charge(s), together with a copy of all applicable statutes, shall be attached to attached to the notice.
● Shall E. Shall have the right to a hearing in accordance with the following:
■ 1. Suspension under A.R.S. 15-341. The supervising administrator will schedule a meeting not less than two than two (2) days nor more than ten (10) days after the date the certificated staff member receives the notice.
■ 2. Dismissal or dismissal with suspension included under A.R.S. 15-539. A certificated staff member's written s written request for a hearing shall be filed with the Board within ten (10) days after service of notice. The The filing of a timely request shall suspend the imposition of a suspension without pay or a dismissal pending dismissal pending completion of the hearing.
General Provisions for Discipline
Under A.R.S. 15-341
General provisions for discipline are as follows:
● A. Informal consultation. Nothing contained herein will limit a supervising administrator's prerogative to engage in engage in informal consultation with a certificated employee to discuss matters of concern related to the employee's performances performance, conduct, et cetera; however, when it is apparent that disciplinary action toward a certificated employee certificated employee is likely to become a part of the certificated staff member's personnel record as permitted by A.R.S. 15-341, the procedures outlined herein shall be followed.
● B. Persons authorized to impose discipline. Any supervising administrator who is the immediate or primary supervisor primary supervisor of a certificated staff member is authorized to impose a penalty or penalties, short of dismissal. Only Only the Board may dismiss a certificated staff member.
● C. Notice. Any person who is required by this policy to give written notice to any other person affected by this policy this policy may do so by any means reasonably calculated to give the recipient actual knowledge of the notice within notice within a reasonable amount of time. When time is calculated from the date a notice is received, the notice is notice is deemed to be received on the date it is hand delivered or three (3) calendar days after it is placed in the mailthe mail.
● D. Administrative discretion. In adopting these policies and procedures, it is the intention of the District that they be they be interpreted and applied in a reasonable fashion. The policies and regulations are not intended to restrict or eliminate or eliminate the discretion traditionally afforded to supervising administrators to determine whether discipline is appropriateis appropriate. Supervising administrators are therefore directed to continue to use reasonable discretion in determining in determining whether a particular alleged violation merits discipline.
● E. Right not to impose discipline. The District reserves the right not to discipline a certificated staff member for conduct for conduct that violates this policy.
● F. Definition of work days. For the purposes of this policy, a work day is any day that the District's central administrative central administrative office is open for business.
● G. Additional reasons for discipline. A certificated staff member may be disciplined for conduct that has occurred has occurred but that, at or near the time of misconduct, was not the subject of or identified as a reason for reason for a specific proceeding specific proceeding under this policy.
Procedure for Discipline
Under A.R.S. 15-341
The following procedures will be used to impose any discipline that 1) shall become a part of the certificated staff member's personnel record and 2) is permitted under A.R.S. 15-341:
Step 1 - Notice:
● Upon A. Upon the supervising administrator's determination of the existence of cause to impose discipline, the supervising the supervising administrator shall notify the certificated staff member of intent to impose discipline. The notice shall The notice shall be in writing and shall be delivered in person or by first-class mail. The notice shall include the include the following:
■ The 1. The conduct or omission on the part of the certificated staff member that constitutes the reason for disciplinefor discipline.
■ A 2. A scheduled meeting time between the supervising administrator and the certificated staff member. Such Such meeting shall be scheduled not more than ten (10) working days after the date the certificated staff certificated staff member receives the notice.
■ A 3. A statement of the disciplinary action the supervising administrator intends to impose, including, if applicableif applicable, the number of days of suspension with or without pay.
■ Copies 4. Copies of any available relevant documentation, at the discretion of the supervising administrator.
Step 2 - Discipline Hearing:
● At A. At the hearing, the supervising administrator shall discuss with the certificated staff member the conduct that warrants that warrants disciplinary action and shall provide the certificated staff member with any appropriate evidence and a and a copy of relevant documentation if not previously provided.
● The B. The supervising administrator shall conduct the hearing in an informal manner, without adherence to the rules of rules of evidence and procedure required in judicial proceedings.
Step 3 - Decision (in writing):
● At the hearing, or within ten (10) working days following the hearing, the supervising administrator shall, in writingin writing, inform the certificated staff member of the decision. If the decision is to impose discipline, written notice written notice of the discipline shall be enclosed. The written notice of the decision shall state that a copy of the noticethe notice, decision, and a record of the disciplinary action shall be placed in the certificated staff member's personnel s personnel file and shall specify the date the discipline shall be imposed unless the certificated staff member files member files a written request for appeal within five (5) working days after the decision is delivered to the certificated staff certificated staff member. If the certificated staff member requests an appeal of the decision, the imposition of any discipline any discipline shall be suspended pending the outcome of the appeal.
Step 4 - Appeal:
● Discipline imposed may be appealed at the next organizational level, in writing, to the appropriate assistant superintendent assistant superintendent or the Superintendent. Only when the discipline is determined by the Superintendent shall the shall the appeal be to the Board, which, at its discretion, may appoint a hearing officer. The appeal shall contain a contain a brief statement of the reasons why the certificated staff member believes the administrator's decision is incorrectis incorrect. Appeal is limited to one (1) organizational level above the level of the supervising administrator who administrator who imposed the discipline.
The appeal shall specifically describe the part of the determination with which the certificated staff member disagrees:
● Determination A. Determination was founded upon error of construction or application of any pertinent regulations or policies.
● Determination B. Determination was unsupported by any evidence as disclosed by the entire record.
● Determination C. Determination was materially affected by unlawful procedure.
● Determination D. Determination was based on violation of any statutory or constitutional right.
● Determination E. Determination was arbitrary and capricious.
● The F. The penalty was excessive.
The supervising administrator, the Superintendent, or, when appropriate, the Board or the Board-appointed hearing officer may, at the conclusion of the appeal, uphold the discipline, modify the decision, or refer the matter back to the level from which it was appealed for rehearing and additional information. Such decision, along with specific direction as to the effective date of any discipline, shall be communicated to the certificated staff member within a reasonable amount of time following the appeal, not to exceed seven (7) working days.
The assigned hearing officer shall, by use of a mechanical device, make a record of the appeal hearing.
This policy, under A.R.S. 15-341, does not apply to dismissal of a certificated staff member except to the extent that the Board may find, subsequent to dismissal proceedings, that a lesser form of discipline as set forth in this policy should be imposed.
Not all administrative actions regarding a certificated staff member are considered "discipline," even though they may involve alleged or possible violations by the certificated staff member. This policy addresses only discipline and has no application to any of the following:
● The A. The certificated staff member evaluation procedure or the resulting evaluations as they pertain to the adequacy the adequacy of the certificated staff member's classroom performance.
● Letters B. Letters or memorandums directed to a certificated staff member containing directives or instructions for future for future conduct.
● Counseling C. Counseling of a certificated staff member concerning expectations of future conduct.
● Nonrenewal D. Nonrenewal of a contract of a certificated staff member employed by the District for less than the major portion of major portion of three (3) consecutive school years (noncontinuing certificated staff member).
General Provisions for Suspension
Without Pay or Dismissal Under
A.R.S. 15-539
Step 1 - Notice:
● The A. The Governing Board, except as otherwise provided by A.R.S. 15-539, shall upon receipt of a written statement written statement of charges from the Superintendent that cause exists for the suspension of a certificated teacher without pay for a period longer than ten (10) school days or dismissal, shall give notice to the teacher of the Boardthe Board's intention s intention to suspend without pay or dismiss the teacher at the expiration of ten (10) days from the date the date of service of the notice.
■ If 1. If charges presented to the Board for dismissal of a certificated person allege immoral conduct, the charge the charge or a resignation involving such charges shall be reported to the Department of Education.
■ Whenever 2. Whenever the statement of charges by the Superintendent allege immoral or unprofessional conduct as the as the cause for dismissal, the Board may adopt a resolution to file a complaint with the State Department of Department of Education. Pending disciplinary action by the State Board, the certificated teacher may be reassigned by reassigned by the Superintendent or the Governing Board may place the teacher on administrative leave and give notice give notice to the teacher of the administrative leave of absence pursuant to A.R.S. 15-540.
■ As 3. As used in this policy, immoral conduct means any conduct that is contrary to the moral standards of the community the community and that reflects an unfitness to perform the duties assigned to the certificated staff member.
● The B. The Governing Board, upon adoption of a written statement charging a certificated teacher with cause for suspension for suspension without pay or dismissal, may immediately place the teacher on administrative leave of absence and absence and give the teacher notice of the administrative leave of absence.
● Written C. Written notice of the administrative leave of absence shall be served on the teacher personally or by United States United States registered mail addressed to the teacher at the teacher's last known address.
Step 2 � – Hearing for Suspension Without
Pay or Dismissal:
● The A. The Governing Board shall decide whether to hold a hearing on the dismissal or suspension of a certificated teacher certificated teacher without pay for a period of time longer than ten (10) days as provided in A.R.S. 15-541.
■ PLEASE CHOSE OPTION - The Governing Board providesmay 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.
● If B. If the Governing Board decides not to hold a hearing, the Board shall designate a hearing officer to:
■ hold 1. hold the hearing,
■ hear 2. hear the evidence,
■ prepare 3. prepare a record of the hearing, and
■ issue 4. issue a recommendation to the Board for action.
● If C. If the parties cannot mutually agree on a hearing officer, a hearing officer shall be selected by the Governing Board Governing Board from a list provided by the State Department of Education or the American Arbitration Association.
● A D. A hearing held pursuant to A.R.S. 15-541 may not be conducted by any hearing officer having a personal interest personal interest which would conflict with the hearing officer's objectivity in the hearing.
● The E. The hearing shall be held:
■ not 1. not less than fifteen (15) days, nor
■ not 2. not more than thirty (30) days.
■ after 3. after the request is filed, unless all parties to the hearing mutually agree to a different hearing date.
● Notice F. Notice of the time and place of the hearing shall be given to the teacher not less than three (3) days before the date the date of the hearing.
● The G. The teacher may request that the hearing be conducted in public or private.● At the
H. The Governing Board shall provide any officer, appointee, or employee to be considered or discussed at a meeting with written notice of the executive session as is appropriate but not less than twenty-four (24) hours for the officer, appointee, or employee to determine whether the discussion or consideration should occur at a public meeting.
I. At the hearing the teacher may appear in person and by counsel, if desired, and may present any testimony, evidence evidence or statements, either oral or in writing, in the teacher's behalf.
● An J. An official record of the hearing, including all testimony recorded manually or by mechanical device, and exhibits and exhibits shall be prepared by the Governing Board or the hearing officer.
● The K. The teacher who is the subject of the hearing may not request that the testimony be transcribed unless the teacher the teacher agrees in writing to pay the actual cost of the transcription.
● Within L. Within ten (10) days after a hearing conducted by the Governing Board the Board shall:
■ determine 1. determine whether there existed good and just cause for the notice of dismissal or suspension, and
■ affirm 2. affirm or withdraw the notice of dismissal or suspension.
● Within M. Within ten (10) days after a hearing conducted by a hearing officer, the hearing officer shall:
■ deliver a written recommendation to the Governing Board that includes findings of fact and conclusions.
● Parties N. Parties to the hearing have the right to object to the findings of the hearing officer and present oral and written arguments written arguments to the Governing Board.
● The O. The Governing Board has an additional ten (10) days to determine whether good and just cause existed for the for the notice of dismissal or suspension and shall render its decision accordingly, either affirming or withdrawing the withdrawing the notice of suspension or dismissal.
■ Good and just cause does not include religious or political beliefs or affiliations unless they are in violation in violation of the oath of the teacher.
Additional Provisions
and Conditions
During the pendency of a hearing, neither the certificated staff member nor the supervising administrator shall contact the Superintendent or a Board member to discuss the merits of the supervising administrator's recommendation or charges and proposed discipline except as provided by this policy. No attempt shall be made during such period to discuss the merits of the charges with the person designated to act as hearing officer.
The Governing Board shall keep confidential the name of a student involved in a hearing for dismissal, discipline, or action on a teacher's certificate, with exceptions as noted in A.R.S. 15-551.
Amendments. The District reserves the right to amend this policy in any way at any time. Any amendment shall have prospective application only.
Severability. If any provision of this policy is held to be invalid for any reason, such action shall not invalidate the remainder of this policy. If any provision of this policy conflicts with any provisions in any other policies adopted by the District, the provisions of this policy shall prevail.
Adopted: date of Manual adoption
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: <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
13-2911
15-203
15-341
15-342
15-350
15-503
15-507
15-508
15-514
15-536
15-538
15-538.01
15-538.02
15-539
15-540
15-541
15-542
15-543
15-549
15-551
41-770
CROSS REF.:
DKA - Payroll Procedures/Schedules
GCJ - Professional Staff Noncontinuing and Continuing Status
GCO - Evaluation of Professional Staff Members
A regular, full-time employee's position in the District shall be given precedence over any type of outside work or self-employment. Employees are free to carry on individual work or self-employment projects as long as no District facilities, equipment, or school(s) are used, except as provided by policy, and the outside work or self-employment does not interfere with the employees' performance of District-assigned duties.
The outside work or self-employment by a staff member is of concern to the Board insofar as it may:
● Prevent A. Prevent the employee from performing assigned responsibilities in an effective manner.
● Be B. Be prejudicial to proper effectiveness in the position or compromise the District.
● Raise C. Raise a question of conflict of interest - for example, where the employee's position in the District permits access permits access to information or other advantage useful to the outside employer.
Therefore, an employee may not perform any duties related to outside work or self-employment during regular District working hours or during the additional time that is needed to fulfill the responsibilities of the District position. Employees who violate this policy are subject to reprimand, suspension, or termination.
Adopted: date of 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:
● School A. School buildings are not to be used for private tutoring or classes for which students pay a fee to a staff member staff member unless a rental contract has been entered into with the District.
● A B. A staff member is not permitted to provide tutoring for pay , private lessons or similar services to any student who attends or is registered in any of the of the staff member's own classes. Such services may be provided for a fee to former students or others in the District without being considered a conflict.
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
The Board has proprietary rights to publications, instructional materials, and devices prepared by employees unless prepared by such employees on their own time and without use of school facilities and/or equipment.
● The A. The Board authorizes the Superintendent to review material prepared by staff members prior to copyright or patent copyright or patent for subsequent publication or distribution, and to recommend waiving all or part of the Board's proprietary s proprietary rights in favor of the employees preparing such materials.
● Any B. Any staff member who submits professional materials for publication in which the District is mentioned will submit will submit all such material to the Superintendent prior to release for publication, including materials developed on developed on the employee's own time.
Adopted: date of 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 Executive CouncilBoard. 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 Executive Council 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 -->
Support staff members are all employees of the District who are not required by state law or by a District policy, regulation, or job description to possess teaching certificates from the Arizona Department of Education for the purpose of performing their jobs, unless they are expressly designated as professional staff members in notices of employment or contracts executed by the Governing Board.
Employment Status
All support personnel are either term employees or at-will employees of the District.
Term employee. A term employee is a support staff member who is employed by the District pursuant to a written contract that specifies the duration of the employment contract, which shall not exceed one (1) year. All support staff members who are not term employees are at-will employees.
At-will employee. An at-will employee is a support staff member who is employed by the District for no specific term and who has no right of continued employment. The employment of an at-will employee may be terminated by action of the Governing Board without advance notice. No employee or Governing Board member shall have the authority to make any agreement or contract to the contrary or any agreement with an at-will employee for any specified period of time. No District policy or regulation or item within the District's handbook is intended to - and shall not operate to - create any property or contract rights inconsistent with the at-will employment status of support staff members.
Compensation
The Board will determine salaries and benefits of support staff employees, 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
(Wages)
Initial Placement
Wages for all new support staff personnel and for all currently employed personnel selected for another position in the District will be recommended by the Superintendent and approved by the Board at the time of employment. The Superintendent's recommendation will be based on consideration of the candidate's qualifications, relevant job experience, certifications and licensesyears of District employment, if applicable.Pay Increases
Advancement
Annual increases Advancements for regular twelve (12) month employees are granted only at the beginning of each fiscal year unless tied to a mid-year promotion. 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.
Annual increases for support staff will reflect recognition of employee performance equal to or above established standards. Increases may be withheld if employee performance is below standard.
To be considered eligible for an increase for the following school year, the employee must have worked An employee must work one (1) day more than one-half (1/2) of the previous year . Days missed due to a personal illness and/or other qualifying absences under the Family Medical Leave Act, may be counted when determining eligibility for an increase.
Merit increases may be awarded when approved by the Superintendent. The Governing Board will be provided a report of merit awards and increase denials each year.
Adopted: August 12, 2014to receive an advancement in wages.
Adopted: <-- 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: date of Manual adoption <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-502
29 U.S.C. 207, Fair Labor Standards Act
CROSS REF.:
GDL - Support Staff Workload
The Governing Board will review support staff fringe benefits each year during the budget process and may modify the benefits to meet the best interest of the District.
Minimum standards of eligibility for fringe benefits will be determined by the Board annually.
Adopted: date of Manual adoption <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-502
Refer to GCC through GCCE and GCCG, GCCH; the terms and conditions of these policies apply to support staff personnel unless a written policy stating a contrary intent is included.
Refer to Policy GCCG.
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
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.
Support staff employed full time, on a All regular twelve (12) -month basis, will earn vacation based on the following schedule. Twelve (12)-month employees will earn and accumulate vacation time month support staff employees shall accumulate vacation with pay at the rate of point two three zero eight (.2308) day per pay period. After twelve (12) months of employment through the sixtieth (60th) month (five [5] years), the employee will accumulate point three eight four seven (.3847) day per pay period. On the month following their fifth (5th) year anniversary through their tenth (10th) year of service, the employee will earn point five seven seven (.577) day of vacation per pay period. Commencing with the eleventh (11th) year of service, support staff employees will earn point seven six nine three (.7693) day of vacation per pay period.
Vacation Earned Total Days
Service in District Per Pay Period Per Year
One through 12 months .2308 6
1 year through 5 years .3847 10
5 year through 10 years .577 15
10 years or more .7693 20
Twelve (12)-month employees will start accumulating vacation time the first month of employment in which they are employed more than one-half (1/2) the month.
Accumulated vacation days beyond twenty (20), if not used by July 31 of the next fiscal year, will convert to discretionary days for accrual.
Consistent with procedures used for advancement of discretionary leave, advancement of vacation days may be approved by the Director of Human Resources, or designee. All days advanced will be deducted as they are accrued by the employee.
Employees may schedule their vacation any time subject to approval by each immediate supervisor.
Those employed full-time, meaning six (6) or more hours per day, in less-than-twelve (12)-month positions, who subsequently become twelve (12) month employees, will earn vacation based upon dividing the total months of employment in the District by twelve (12). Total years of service thus determined will then be applied to the existing schedule for determining length of vacation.
Holiday Pay
All eligible full-time employees will receive holiday pay for District recognized holidays that fall within their work schedule and other days designated by the Superintendent. An employee must be on paid leave or active work status on the day prior to a holiday in order to receive pay for that holiday or holiday period.
Adopted: date of Manual adoption
one (1) working day per month during the first year of employment. Thereafter, vacation shall be accumulated at the rate of one and one-fourth (1-1/4) working days per month, with the accumulated maximum of fifteen (15) days, at which time no more vacation can be earned. As accumulated vacation days are used and drop below fifteen (15) days, an eligible employee may again accumulate vacation up to the maximum limit. Vacations shall be taken as approved by the Superintendent.
Employees shall be entitled to all legal holidays during the school year as announced by the Superintendent and in conformance with Arizona Revised Statutes. Uncompensated days off will be established by the Board and noted on each year's school calendar.
Adopted: <-- z2AdoptionDate -->
REGULATION
SUPPORT STAFF
VACATIONS AND HOLIDAYS
Twelve (12)-month employees will start accumulating vacation time the first month of employment in which they are employed more than one-half (1/2) the month.
Accumulated vacation days beyond twenty (20), if not used by July 31 of the next fiscal year, will convert to discretionary days for accrual.
Consistent with procedures used for advancement of discretionary leave, advancement of vacation days may be approved by the Director of Human Resources, or designee. All days advanced will be deducted as they are accrued by the employee.
Employees may schedule their vacation any time subject to approval by each immediate supervisor.
Those employed full-time, meaning six (6) or more hours per day, in less-than-twelve (12)-month positions, who subsequently become twelve (12) month employees, will earn vacation based upon dividing the total months of employment in the District by twelve (12). Total years of service thus determined will then be applied to the existing schedule for determining length of vacation.
Holiday Pay
All eligible full-time employees will receive holiday pay for District-recognized holidays that fall within their work schedule and other days designated by the Superintendent. An employee must be on paid leave or active work status on the day prior to a holiday in order to receive pay for that holiday or holiday period.
It shall be the policy of the District to employ and retain the best qualified personnel. This will be accomplished by giving careful consideration to qualifications and by providing competitive wages within the financial capabilities of the District, adequate facilities, and good working conditions.
Recruitment of support staff personnel is the responsibility of the Superintendent. Other members of the administration and supervisory staff will assist as responsibilities are delegated by the Superintendent.
The Board adopts the following general criteria and procedures, which shall be utilized in the selection process for initial employment:
A. There will be no discrimination in the hiring process due to race, color, religion, sex, age, national origin, 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.
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 on the applicant. Subsequent criminal records checks are also required every one hundred twenty (120) days until 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 employersprevious employers, except that for applicants who have been employed for at least five (5) years by the most recent most recent employer, only references from that employer are required.
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: February 22, 2018 <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
13-3716
15-502
15-512
23-211
23-212
23-1361
38-201
38-481
41-1756
CROSS REF.:
GDFA - Support Staff Qualifications and Requirements
(fingerprinting requirements)
REGULATION
SUPPORT STAFF HIRING
Definition
A A background investigationis is defined as any communication with an applicant's (or employee's) former employer that concerns the education, training, experience, qualifications, and job performance of the individual and that is used for the purpose of evaluation for employment. Background investigation does not include the results of any state or federal criminal history records check.
Background Investigation Requirements
Only persons designated by the Superintendent shall perform background investigations. Prior to contacting former employers or other persons, the background investigator shall:
● Ascertain A. Ascertain that the standard employment application for the type of position has been completed in full.
● Obtain B. Obtain from the individual a consent to background investigation and release as determined by the District.
● Make C. Make certain that the individual has identified at least two (2) persons from each past employer who can verify basic verify basic job information and discuss the individual's work performance and reason for leaving.
● Examine D. Examine the application for a complete work history, accounting for any gaps in employment.
It is recommended that two Two (2) persons should be contacted at each past employer if possible (any exceptions should be documented). Upon making contact, the contacts or the former employer or employer's agent should be provided the following information:
● The A. The name and identifying information of the District.
● The B. The name of the District representative making the inquiry and how the representative can be contacted.
● The C. The name of the former employee and period of employment as indicated by the individual whose background is background is being investigated.
● The D. The position for which the individual has applied, with descriptive information as to the duties, if requested or necessary or necessary to understanding of the inquiry.
The background investigator shall:
● Ask A. Ask the questions, and complete the background check form(s) as provided by the District.
● Make B. Make impression notes as necessary based upon the questions and responses, and determine if there may be may be cause to contact others or make further inquiries based upon the responses.
● Provide C. Provide the information to the Superintendent.
EXHIBIT
SUPPORT STAFF HIRING
REFERENCE CHECK FORM
ApplicantNOTICE OF EMPLOYMENT
You are hereby notified that, pursuant to action taken at a meeting of the ______________________________________ 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 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.
__________________________________ _____________________
Any difficulties in establishing communication and rap-
port with supervisors, parents, or community members? __________________
If yes, explain Employee Signature Date
__________________________________ _____________________
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, why? _________________________________________
_____________________________________________________________________
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 ______________________________________________________
Superintendent Signature Date
Key to numbers in blanks:
(1) Date of meeting
(2) Title of position
(3) Date that duties begin
(4) Hourly rate of pay
EXHIBIT
SUPPORT STAFF HIRING
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
Effective January 1, 2008, 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:
https://www.vis-dhs.com/employerregistration/StartPage.aspx?JS=YES
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 Employment Eligibility Verification (Form I-9) must be completed 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.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
PROCEDURES AND PRACTICES FOR EMPLOYMENT AUTHORIZATION
AND EMPLOYMENT ELIGIBILITY VERIFICATION
Anti-Discrimination Notice. It is illegal to discriminate against any individual (other than an alien not authorized to work in the U.S.) in hiring, discharging, or recruiting or referring for a fee because of that individual's national origin or citizenship status. It is illegal to discriminate against work eligible individuals. Employers cannot specify which document(s) they will accept from an employee. The refusal to hire an individual because of a future expiration date may also constitute illegal discrimination.
Employment Authorization
Procedure
Arizona schools must use the federal government's Basic Pilot Program to verify the employment authorization of all newly hired employees.
The Department of Homeland Security's (DHS) U.S. Citizenship and Immigration Services Bureau (USCIS) and the Social Security Administration (SSA) are jointly conducting E-Verify, formerly known as the Basic Pilot. E-Verify involves verification checks of the SSA and DHS databases, using an automated system to verify the employment authorization of all newly hired employees.
There are four (4) types of access to E-Verify: As an employer, as a designated agent for employers, as a multi-location corporate administrator, or through a web service.
Users can access the web-based access methods using any Internet-capable Windows based personal computer and a web browser of Internet Explorer 5.5 or Netscape 4.7 or higher (with the exception of Netscape 7.0).
To participate, an employer must register online and accept the electronic Memorandum of Understanding (MOU) that sets forth the responsibilities of the SSA, USCIS and the employer.
The following e-mail address will allow navigation to both instructions and forms for the I-9 for verifying the identity and employment authorization of individuals hired for employment in the United States:
Form I-9 may be completed as soon as the employer has offered the individual a job and the individual has accepted the offer. Each newly hired employee must complete and sign Section 1 of Form I-9 no later than his or her first day of employment.
If you need assistance in completing the registration process or need additional information relating to E-Verify, please call the Office of Verification toll free at 1-888-464-4218.
I-9 Form Completion
The Immigration Reform and Control Act of 1986 (IRCA) requires that all new employees, both regular and casual, establish their eligibility for employment in the United States. This federal law applies to U.S. citizens as well as to foreign nationals.
The Employment Eligibility Verification (Form I-9) must be completed as follows:
Section 1. Employee Information and Attestation
Employees must complete and sign Section 1 of Form I-9 no later than the first day of employment, but not before accepting a job offer.)
Section 2. Employer or Authorized Representative Review
and Verification
Employers or their authorized representative must complete and sign Section 2 within three (3) business days of the employee's first day of employment.
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 __________________________________________________
(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 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:
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: February 22, 2018 <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-106
15-512
23-1361
41-1750
CROSS REF.:
EEAEA – Bus Driver Requirements, Training, and Responsibilities
GDF - Support Staff Hiring
GDG - Part-Time and Substitute Support Staff Employment
JLIA - Supervision of Students
EXHIBIT
SUPPORT STAFF QUALIFICATIONS
AND REQUIREMENTS
_____________________________ ___ _____________________________
Name (typed or printed) Position Position
I, ___________________________________, being duly sworn, do hereby certify that I have never been convicted of or admitted in open court or pursuant to a plea agreement committing, and am not now awaiting trial for committing, any of the following criminal offenses in the state of Arizona or similar offenses in any other jurisdiction:
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_______________________________ __
_______________________________
Employee
signature Date signed
Subscribed, sworn to, and acknowledged before me by _______________________
______________________________, this ______ day of ________________, 20____,
in _____________________________ County, Arizona.
My Commission Expires
__________________________ ____ ___________________________
_______
Notary Public
The Superintendent may employ, when conditions warrant, temporary or part-time personnel on a per diem or time card basis. This authority is subject to the following conditions:
● Continued A. Continued employment of any such person shall be subject to confirmation and approval by the Board at its next its next official meeting; however, employment shall not be recommended to the Board prior to satisfactory completion satisfactory completion of any pending fingerprint check.
● The B. The employee shall be hired on a per diem basis and shall be compensated in accordance with the requirements the requirements and limitations of existing contracts that cover similar positions or employees.
● In C. In addition to the conditions set forth above, the temporary assignment of a person to a supervisory or administrative or administrative position shall be preceded by notification to the Board. The Superintendent will detail the detail the circumstances that created the need for the part-time employment.
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)
All newly employed support staff members will undergo a sixty (60)-day probationary employment period.
Adopted: date of Manual adoption
Assignments
The Superintendent will determine all support staff assignments. Such assignments
Support staff shall be based on the assigned based on the needs of the District.
Transfers
The transfer of support staff members will be based on , on their qualifications, and on their expressed desires. When it is not possible to meet all three (3) conditions, an employee shall be assigned first in accordance with the needs of the District. , second where the Superintendent determines the employee is most qualified to serve, and third as to the expressed preference of the employee.
Assignments may be changed to serve the best interests of the District.
Transfers/Reassignments
Staff members may apply for transfer or reassignment , whether or not a vacancy exists.
The transfer/reassignment of support staff members will be based on the needs of the District, employee qualifications, and the employee's expressed desires. When it is not possible to meet all three (3) conditions, an employee shall be transferred/reassigned first in accordance with the needs of the District, second where the Superintendent determines the employee is most qualified to serve, and third as to the expressed preference of the employee.
The resolution of any conflicts over the need for a transfer shall be based on what is best for the instructional program, the needs of the students, and the overall needs of the District as defined by the Superintendent.
The above applies to transfers/reassignments within the same job classification and pay grade. Reassignment Transfer/reassignment of an employee to a position of greater or lesser pay requires Board approval.
Employee Transfers
A support staff employee may apply for any posted job opening in the District by submitting a letter of interest to the Director of Human Resources.
Within the District, the administration shall have the right to transfer employees from one (1) assignment to another provided the new assignment is within the individual's area of qualifications. Before the decision to transfer an employee to a different position is made, a supervisor will discuss with the employee the possibility of the transfer. Before a transfer is made, the supervisor will submit to the employee in writing the reasons for the transfer. Transfers mutually agreed upon between the principal and teacher must take place prior to the posting of the involuntary transfer list or after all involuntary transfers are placed.
Voluntary Transfers
A transfer may be requested by an employee. If the request involves transfer to another location but in the same job classification, a Request for Transfer form must be completed and filed in the Human Resources Department. After review by the supervisor, the employee will be advised of the decision regarding the request. Requests for transfer will be received year round by the Human Resources Department. Voluntary transfers of support staff may occur up to (15) fifteen days before student attendance begins each school year. If an employee is interviewed by a supervisor for an opening, that supervisor will notify the employee of the outcome of that interview.
Adopted: date of Manual adoptionAdopted: <-- 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. Employees will be notified at least one (1) week in advance of any modification to the workweek plan.
Individual employee work schedules will be based on the position held by the respective employees and on District needs as identified during the employment process.
For the purpose of calculating regular and overtime hours in accordance with wage and hour requirements, the District's designated workweek shall begin at 12:01 a.m. on Sunday and conclude at 12:00 midnight the following Saturday.
An employee may work overtime, provided that advance authorization is obtained from the supervisor in charge or, in the case of an emergency, authorization is obtained immediately upon completion of the work or as soon thereafter as practicable.
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 ActArizona Constitution, Article 18, Section 1
CROSS REF.:
GDBC - Support Staff Supplementary Pay/Overtime
REGULATION
SUPPORT STAFF WORKLOAD
(Fair Labor Standards Act:
Overtime Compensation)
Nonexempt employees who work more than forty (40) hours per week shall be awarded "compensatory time" at the rate of one and one-half (1 1/2) hours for each hour of overtime work. In cases of emergency, when the employee cannot be immediately released for this time and one-half compensation, the Superintendent will make the decision as to paying the employee at the rate of time and one-half or having the employee take the time off at a future date. The hours must be approved by the immediate supervisor before an employee works overtime or, in the case of an emergency, immediately upon completion of the work or as soon thereafter as possible.
The Superintendent will arrange for and hold staff meetings as the need may arise. This authority may be delegated to the 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 Governing Board provides for salary awards to support staff, both salaried and hourly, who meet standards for professional growth. The purpose of the Support Staff Professional Growth Plan is to:
● enable support staff employees to offer more effective service to the District;
● retain valuable staff; and
● encourage high standards of performance.
To be considered for professional growth, employees must follow the guidelines set forth in Regulation GDM-R.
Adopted: November 12, 2014
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 -->
EXHIBIT
EVALUATION OF SUPPORT
STAFF MEMBERS
Definition of Rating Scale Terms
1 = Outstanding
A. Performance exceeds the requirements of the position.
B. Displays high degree of self-motivation.
C. Consistently generates output of superior quality.
2 = Satisfactory
A. Performance is adequate for the requirement of the position; meets expectations of the job.
B. Self-motivation confined to accomplishing assigned tasks.
C. Generates output of acceptable quality.
3 = Improvement needed
A. Performance is not of the quality expected of the position; frequently falls short of job expectations.
B. Frequently lacks motivation to complete assigned tasks.
C. Frequently generates output of poor quality.
4 = Unsatisfactory
A. Performance is definitely inadequate for the position; consistently falls short of job expectations.
B. Lacks self-motivation.
C. Consistently generates output of inferior quality.
REGULATION
SUPPORT STAFF
PROFESSIONAL GROWTH
The guidelines for acceptable credit are:
● Application process:
■ An initial application must be completed and submitted to the human resources office. Applications are available pn the District intranet site and at the District human resources office.
■ New employees must begin a class after their hire. Enrollment in a class prior to starting work at the District will not be accepted for support staff professional growth.
● Approval process:
■ A Request for Acceptance of Credit must be submitted on or before December 1 of each year for consideration for the subsequent school year. Notices not submitted on time will be placed in the "bank" and awarded a salary increment during the subsequent school year.
■ All classes or workshops for credits must be submitted with a Request for Class Approval form. Administration will approve requested credit following the guidelines below. The Request for Class Approval form will be signed by the employee's supervisor and then forwarded to the human resources office for approval by the Director of Human Resources.
■ At the completion of each class/workshop, et cetera, a verification of successful completion must be sent to the human resources office in the form of a transcript, grade report or certificate. Verification must be received at the human resources office by January 31, to receive professional growth compensation during the following fiscal year.
● Credits:
■ Courses taken must relate to the employee's present position, an approved degree path or be a general course in English, Math or Computer Science. Attendance at a workshop, seminar or conference will be given credit if it relates to the position of employment.
■ Credit may only be earned for a class, seminar, conference or workshop attended during an employee's own time and at the employee's own expense.
■ A semester hour of credit will be translated to fifteen (15) hours of class time. Courses which are awarded semester hours for successful completion will be credited hour for hour. (One quarter [1/4] hour is two-thirds [2/3] semester hour.) Credit for workshops or credit other than semester hours will be determined by granting one (1) credit hour for each fifteen (15) clock hours.
■ No more than fifteen (15) credits may be earned during a school year. At least nine (9) of the fifteen (15) credits must be earned from an accredited community college, university, trade or professional school.
■ Correspondence and distance learning courses from an accredited school will be acceptable.
■ Classes offering a grade or pass/fail option must be taken for a grade. The successful completion of post-secondary courses with a grade of "C" or above at an accredited school, trade or professional school will be given credit.
■ Classes for cardiopulmonary resuscitation (CPR)/First Aid will be acceptable one (1) time for credit.
■ Vocational and trade school coursework will be judged and awarded hours on an individual basis.
■ Employees may be reimbursed for hours earned for completing licensing requirements that are necessary for the position.
● Compensation:
■ Hourly employees will be awarded an hourly increase of five cents ($.05) to his or her hourly rate per credit hour completed. A maximum of fifteen (15) credit hours or seventy-five (75) cents per hour can be awarded each fiscal year.
■ Salaried exempt staff will be awarded increases following the guidelines for certificated and administrative staff.
Appeals
Decisions regarding approval of courses may be appealed in writing to an Administrator of Human Resources. The administrator will respond to the employee within ten (10) business days regarding a decision.
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 sixty ninety (6090) 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.
All support staff members will be evaluated at least once a year by an administrator. The administrator will seek input from the staff member's direct supervisor.
Adopted: date of Manual adoptionAdopted: <-- 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 _____________
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 -->
In the event the Board decides to release support staff members, the following guidelines will be in effect:
● Normal A. Normal attrition due to terminations will be relied upon as the first means of reducing the staff.
● If B. If attrition does not accomplish the required reduction in the staff, the Superintendent shall submit to the Board the Board recommendations for the termination of specific staff members. The criteria used in formulating these recommendations formulating these recommendations shall include, but shall not be limited to:
■ Qualifications 1. Qualifications of staff members to accomplish the District's program.
■ Overall 2. Overall experience, training, and ability.
■ Past 3. Past contributions to the program of the District.
■ All 4. All other factors being equal, length of service in the District.
Criteria for selection of staff members to be released will be applied separately to employees within specialty categories.
Personnel to be released shall be notified of such release as soon as practical.
Adopted: September 24, 2015 <-- 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
Procedures for discipline of a support staff member are important to correcting inappropriate behavior as an option to dismissing the employee. When appropriate, the following procedures may be implemented under the concept of progressive discipline in which the penalty may be increased as the frequency or severity of the infraction increases. An employee who fails to respond to such attempts to correct inappropriate behavior may be dismissed. When an infraction is serious, the support staff member may be suspended or dismissed as a first step.
Categories of Misconduct
Support staff members may be disciplined for infractions that include, but are not limited to, the categories listed below. In addition, there is some conduct that the District considers so egregious in nature that, depending upon the circumstances, a single act may be regarded as sufficient reason for suspension, or dismissal:
● Committing fraud in securing appointment.
● Exhibiting incompetency in their work.
● Unauthorized disclosure of confidential District or student information.
● Violation of the District's Sexual Harassment Policy.
● Violation of the District's Discrimination Policies.
● Inappropriate sexual conduct.
● Exhibiting inefficiency in their work.
● Exhibiting improper attitudes.
● Neglecting their duties.
● Engaging in acts of insubordination.
● Engaging in acts of child abuse or child molestation.
● Engaging in acts of dishonesty, including theft or abuse of property.
● Being under the influence, or in possession, or distribution of alcohol while on duty.
● Engaging in the illicit use, being in possession, or being involved in distributing of narcotics or habit-forming drugs.
● Being absent without authorized leave.
● Engaging in discourteous treatment of the public.
● Engaging in improper political activity.
● Engaging in willful disobedience, including fighting or inciting a fight on District property.
● Being involved in misuse or unauthorized use of school property.
● Being involved in excessive absenteeism.
● Carrying or possessing a weapon on school grounds unless they are peace officers or have obtained specific authorization from the appropriate school administrator.
Optional Classifications of
Disciplinary Actions
Infractions may be of three (3) general kinds:
● Level I. Those that are of an individual and minor nature and are not, in and of themselves, cause for dismissal. In such instances, penalties may include, but not be limited to, warnings, verbal or written reprimands, or suspension without pay.
● Level II. Combinations or repeated instances of individual and minor infractions, or particularly grievous violations of this policy that, in combination or because of a particularly grievous instance, penalties may include, but not be limited to, reprimand, suspension, dismissal, or some combination of penalties.
● Level III. Other, more serious, instances of violations of this policy may be cause for suspension, dismissal, or some combination of penalties.
General Provisions for Discipline
Support staff members disciplined:
● May be suspended without pay by a supervising administrator for a period not to exceed ten (10) working days, providing an opportunity is afforded for presentation of the staff member's version of the incident that is the basis of the alleged infraction to be presented.
● Shall receive a notice of such suspension in writing, delivered to the employee personally or by United States registered or certified mail addressed to the employee's last-known address. A copy of the reasons shall be attached to the notice.
● Shall be disciplined under procedures that provide the following additional due process in the event of suspension without pay:
■ An employee who is suspended without pay may request a hearing on the record if such request is submitted to the Superintendent within twenty-four (24) hours of receipt of notice of the suspension. The hearing on the record will be conducted at the next administrative level above the level of the supervising administrator who has imposed the suspension.
■ Only when the suspension without pay is imposed by the Superintendent will the hearing on the record be held by the Board or by a person or persons designated by the Board.
Recommendation for dismissal. A support staff member member recommended for dismissal shall receive a notice of such disciplinary action in writing, delivered to the employee personally or by United States registered or certified mail addressed to the employee's last-known address. A copy of the reasons shall be attached to the notice. The support staff employee may request for a pre-termination hearing with the Superintendent within three (3) working days after receipt of notice of the disciplinary action.
The hearing on the record will be conducted at the next administrative level above the level of the supervising administrator who has imposed the termination and the Director of Human Resources.
Additional Provisions
and Conditions
During the pendency of the appeal hearing, neither the support staff member nor the supervising administrator shall contact the Superintendent or any 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 assigned hearing officer, if any, shall, by use of a mechanical device, make a record of any hearing.
Not all administrative actions regarding a support staff member are considered "discipline," even though they may involve alleged or possible violations by the support staff member. This policy addresses only discipline and has no application to any of the following:
● The support staff member evaluation procedure or the resulting evaluations as they pertain to the adequacy of the support staff member's job performance.
● Letters or memorandums directed to a support staff member containing directives or instructions for future conduct.
● Counseling of a support staff member concerning expectations of future conduct.
● The discretion of the Superintendent in placing support staff members on administrative leave.
Adopted: date of Manual adoption(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 |
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H. Fraud in securing
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Q. Violation of a directive of a
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I. Improper attitude |
R. Violation of a District policy or
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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: <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
13-2911
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:
● Prevent A. Prevent the employee from performing assigned responsibilities in an effective manner.
● Be B. Be prejudicial to proper effectiveness in the position or compromise the District.
● Raise C. Raise a question of conflict of interest - for example, where the employee's position in the District permits access permits access to information or other advantage useful to the outside employer.
Therefore, an employee may not perform any duties related to outside work or self-employment during regular District working hours or during the additional time that is needed to fulfill the responsibilities of the District position. Employees who violate this policy are subject to reprimand, suspension, or termination.
Adopted: date of 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
District outcomes identify the District's highest priorities for students. They are intended to serve as the guiding principles for all school programs and new program development. These outcomes indicate what students should know and be able to do when they complete the twelfth grade. These outcomes are:
● Demonstrate civic and personal responsibility.
● Access, evaluate and apply information and technology effectively.
● Anticipate and proactively react to change.
● Apply appropriate communication skills in a variety of situations.
● Exhibit life-management skills.
● Display awareness and understanding of global and cross-cultural events.
● Think critically, creatively, independently, and originally.
● Apply problem-solving strategies in real-world situations.
Curricula specified by the State of Arizona will serve only as minimum requirements. It is the policy of the District to provide rigorous and demanding programs for the more able students as well as programs for students with special needs.
The Curriculum Department will, on an on-going basis, provide the Governing Board with information related to kindergarten (K) through grade twelve (12) curriculum development and revision.
Parents and patrons are encouraged to learn about the course of study and review learning materials used by the District. They may request access to those materials through the principal or any District administrator. The administration will provide access to all materials requested on a timely basis.
Adopted: date of Manual adoptionAll 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: <-- 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 and allignment 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. For the purposes of this section, "one hundred eighty days" means one hundred eighty (180) days of instruction or an equivalent number of minutes of instruction per school year based on a different number of days of instruction approved by the School District 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: May 7, 2018 <-- 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:
● Elementary A. Elementary school, which shall include grades prekindergarten (PK) through six (6).
● Middle B. Junior high school, which shall include grades seven (7) and eight (8).
● High C. High school, which shall include grades nine (9) through twelve (12).
The organizational plan shall be subject to change by the Governing Board whenever the needs of the students and/or District warrant such change. The District will coordinate and articulate a prekindergarten (PK) through grade twelve (12) instructional program.
Adopted: date of 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 and state requirements. The Board authorizes the Superintendent to develop the curriculum for the school system and to organize committees to review the curriculum. All course offering curriculum changes shall be approved by the Governing Board.
It shall be the responsibility of the Superintendent to develop proposals relating to course 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 may 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
All new programs and courses of study will be subject to Board approval, as will elimination of programs and courses and extensive alteration in their content. Curricular proposals from the professional staff may be presented to the Superintendent, who will be responsible for making recommendations to the Board on such matters.
The Governing Board acknowledges the legislative affirmation that public school students should be taught to value each other as individuals and not be taught to resent or hate other races or classes of people.
No District school shall include in its program of instruction any courses or classes that:
● PromoteA. Promote the overthrow of the United States government.
● PromoteB. Promote resentment toward a race or class of people.
● AreC. Are designed primarily for students of a particular ethnic group.
● AdvocateD. Advocate ethnic solidarity instead of treatment of students as individuals.
The above restrictions are not to be construed to restrict or prohibit:
● CoursesA. Courses or classes for Native American pupils that are required to comply with federal law.
● GroupingB. Grouping of students according to academic performance, including capability in the English language,
that maythat may result in a disparate impact by ethnicity.
● CoursesC. Courses or classes that include the history of any ethnic group and that are open to all students, unless
the coursethe course or class is in violation of an above cited course or class restriction.
● CoursesD. Courses or classes that include the discussion of controversial aspects of history.
● InstructionE. Instruction about the Holocaust, any other instance of genocide, or the historical oppression of a
particular groupparticular group of people based on ethnicity, race, or class.
An alleged failure by the District to abide by the preceding conditions may subject the District to investigation by the State Board of Education (SBE) or the Superintendent of Public Instruction. Enforcement action may be instituted by the SBE or the Superintendent of Public Instruction as prescribed by A.R.S. 15-112.
Adopted:
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 -->
REGULATION
CURRICULUM GUIDES AND
COURSE OUTLINES
Development of Curriculum Guides
Curriculum guides will be developed by the staff members and teachers who are to use them.
If participation of the entire staff is not feasible, representatives of the staff and/or departments concerned shall be appointed to committees for study, creation, and revision of any particular guide.
When work is completed on a guide, the committee responsible for its development shall present it to the Superintendent.
Use of Guides
Curriculum guides are to serve as a framework from which a teacher will develop units of study, individual lesson plans, and approaches to instruction that will serve the students' particular needs at a particular time. The guides shall be used to map the logical sequence of instruction.
The principal, department heads, or other supervisors shall see that optimum use is made of available curriculum guides. Teachers will adhere to the guides.
REGULATION
CURRICULUM ADOPTION
(District Outcomes and Curriculum Design)
A course description will be prepared for each new high school course, approved by the Superintendent and presented to the Governing Board for final consideration.
District outcomes identify the District's highest priorities for students. They are intended to serve as the guiding principles for all school programs and new program development. These outcomes indicate what students should know and be able to do when they complete the twelfth (12th) grade. These outcomes are:
● Demonstrate civic and personal responsibility.
● Access, evaluate and apply information and technology effectively.
● Anticipate and proactively react to change.
● Apply appropriate communication skills in a variety of situations.
● Exhibit life-management skills.
● Display awareness and understanding of global and cross-cultural events.
● Think critically, creatively, independently, and originally.
● Apply problem-solving strategies in real-world situations.
Curricula specified by the State of Arizona will serve only as minimum requirements. It is the policy of the District to provide rigorous and demanding programs for the more able students as well as programs for students with special needs.
The Curriculum Department will, on an on-going basis, provide the Governing Board with information related to kindergarten (K) through grade twelve (12) curriculum development and revision.
Parents and patrons are encouraged to learn about the course of study and review learning materials used by the District. They may request access to those materials through the principal or any District administrator. The administration will provide access to all materials requested on a timely basis.
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.
Attention to the above-listed priorities shall not result in neglect of other areas of the curriculum.
The instructional program will include planned sequences in:
● Language A. Language arts - reading, spelling, handwriting, English grammar, composition, literature, and study skills.
● Mathematics B. Mathematics experiences.
● Social C. Social studies - history including Native American history, geography, civics, economics, world cultures, political political science, and other social science disciplines.
● Science D. Science experiences.
● Fine E. Fine and practical arts experience - art education, vocal and instrumental music, and vocational/business educationbusiness education.
● Technology F. Technology skills.
● Physical education, health 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
15-341
15-701
15-701.01
15-704
15-710
15-718
15-741.01
15-802
A.A.C.
R7-2-301 et seq.
CROSS REF.:
IJNDB - Use of Technology Resources in Instruction
EXHIBIT
BASIC INSTRUCTIONAL PROGRAM
Reading
For students in kindergarten (K) and grades one (1) through three (3), the District shall:
● select A. select and administer screening, ongoing diagnostic and classroom based instructional reading assessments, including including motivational assessments, as defined by the State Board of Education;
● conduct B. conduct a curriculum evaluation;
● adopt C. adopt a scientifically based reading curriculum including the essentials of reading instruction;
● provide D. provide ongoing teacher training based on scientifically based reading research;
● devote E. devote reasonable amounts of time to explicit instruction and independent reading;
● provide F. provide intensive reading instruction as defined by the State Board of Education to each student who does not meet not meet or exceed the Arizona Instrument to Measure Standards (AIMS) teststandards; and
● review G. review its reading program and take corrective action as specified by the State Board of Education whenever more whenever more than twenty percent (20%) of the third grade students do not meet the AIMS Arizona standards.
Skin Cancer Prevention
For students in the grades kindergarten (K) through eight (8) a comprehensive skin cancer prevention program shall be provided.
Instruction shall be in an age appropriate manner and include the following components:
● Basic facts about skin cancer;
● The negative impact of human exposure to ultraviolet radiation obtained through sunburns and tanning;
● Strategies and behaviors to reduce the risk of contracting skin cancer.
Subject to the exceptions provided in A.R.S. section 15-753, all students in this School District shall be taught English by being taught in English.
Definitions
"Bilingual education/native language instruction" means a language acquisition process for students in which much or all instruction, textbooks, or teaching materials are in the child's native language other than English. "English language classroom" means a classroom in which English is the language of instruction used by the teaching personnel, and in which such teaching personnel possess a good knowledge of the English language. English language classrooms encompass both English language mainstream classrooms and sheltered English immersion classrooms.
"English language mainstream classroom" means a classroom in which the students either are native English language speakers or already have acquired reasonable fluency in English.
"English learner" or "limited English proficient student" means a child who does not speak English or whose native language is not English, and who is not currently able to perform ordinary classroom work in English.
"Sheltered English immersion" or "structured English immersion" means an English language acquisition process for young children in which nearly all classroom instruction is in English but with the curriculum and presentation designed for children who are learning the language. Books and instructional materials are in English and all reading, writing, and subject matter are taught in English. Although teachers may use a minimal amount of the child's native language when necessary, no subject matter shall be taught in any language other than English, and children in this program learn to read and write solely in English. This educational methodology represents the standard definition of "sheltered English" or "structured English" found in educational literature.
English Immersion
All students who are English learners shall be educated through sheltered English immersion during a temporary transition period not normally intended to exceed one (1) year. Once English learners have acquired a good working knowledge of English and are able to do regular school work in English, they shall no longer be classified as English learners and shall be transferred to English language mainstream classrooms.
The Superintendent shall develop procedures as necessary to implement this policy.
Adopted: 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 language (FEL) student, the school shall monitor the student for two (2) years after the reclassification to determine if the student is performing satisfactorily. The two (2) year monitoring form shall be maintained in the student's file.
(Bible's Influence on Western Culture)
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
schoolSchool 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:
● BeforeA. Before a school offers a course under this section, a legal review shall be conducted to ensure that the
course compliescourse complies with the
first amendmentFirst Amendment to the United States Constitution.
● AB. A course offered under this section shall be designed to:
■ Familiarize1. Familiarize pupils with the contents, characters, poetry and narratives that are
prerequisites to understandingprerequisites to understanding society and culture, including literature, art, music,
moralsmores, oratory and public policy.
■ Familiarize2. Familiarize pupils with the following:
■~ Thea. The contents of the Old Testament and the New Testament.
■~ Theb. The history recorded by the Old Testament and the New Testament.
■~ Thec. The literary style and structure of the Old Testament and the New Testament.
■~ Thed. The influence of the Old Testament and the New Testament on laws, history, government,
literatureliterature, art, music, customs, morals, values and culture.
● AC. 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 perspectivesand perspectives of pupils. This section is not intended to violate any provision of the United
SatesStates Constitution,
thethe constitution of Arizona or state law or any rules, guidelines or regulations adopted by the United
States DepartmentStates Department of Education, the State Board of Education or the Arizona Department of Education.
● AD. A pupil shall not be required to use a specific translation as the sole text of the Old Testament or the
New TestamentNew Testament and may use as the basic textbook a different translation of the Old Testament or the
New TestamentNew Testament from that chosen by the School District Governing Board or the pupil's teacher.
● PersonnelE. Personnel shall not be assigned to teach a course offered under this section based on a religious
or nonreligiousor nonreligious test, a profession of faith or lack of faith, or prior or current religious affiliation or a
lack oflack of religious affiliation.
● AF. A teacher who instructs a course offered under this section in its appropriate historical context and in
good faithgood faith shall be immune from civil liability and disciplinary action pursuant to
sectionsection 15-535.
This program will conform to all applicable Arizona Revised Statutes and Arizona Administrative Codes. The program, materials used in the
electiveelective course, and the act of sectarian instruction as referenced in statute are
notnot prohibited under A.R.S. 15-341(a)(2), A.R.S. 15-362(a)(2), or A.R.S. 15-535
asas each are authorized under A.R.S. 15-717.01, Bible influence; elective course; requirements; immunity.
Adopted: January 24, 2013 <-- 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 Objectives of the substance abuse program:
● To A. To create an awareness of the total drug problem: prevention; education; treatment; rehabilitation; and law enforcement law enforcement on the local, state, national, and international levels.
● To B. To inform the students of the effect on the body of narcotics, sedatives, hallucinogens, and stimulants through the through the appropriate classes.
● To C. To relate the use of drugs and alcohol to physical, mental, social, and emotional consequences.
● To D. To encourage the individual to adopt an appropriate attitude toward pain, stress, and discomfort.
● To E. To understand the need for seeking professional advice in dealing with problems related to physical and mental and mental health.
● To F. To understand the personal, social, and economic problems caused by the misuse of drugs and alcohol.
Adopted: September 22, 2011 <-- 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:
● Instruction A. Instruction in sex education may be offered in the District in conformity with the requirements of Arizona law.
● Prior B. Prior to offering sex education, the Board shall establish an an ad hochoc advisory committee with membership representative membership representative of the District's size and the racial and ethnic composition of the community to assist in the development the development of lessons and advise the Board on an ongoing basis.
● The C. The Board shall review the total instructional materials for lessons presented for approval.
● The D. The Board shall publicize and hold at least two (2) public hearings for the purpose of receiving public input at least at least one (1) week prior to the Board meeting at which sex education lessons will be considered for approval.
● The E. The Board shall maintain for viewing by the public the total instructional materials to be used in approved sex education sex education lessons within the District.
● The F. The Superintendent shall, before recommending the offering of instruction in sex education, develop and implement and implement regulations that meet the requirements of Arizona regulatory and statutory law.
● If G. If sex education is offered in grades seven (7) and eight (8) the curricula shall include instruction on the laws relating laws relating to sexual conduct with a minor.
Grades 9-12:
● Instruction A. Instruction in sex education may be offered in the District in conformity with the requirements of Arizona law.
● The B. The Governing Board shall review the total instructional materials and approve all lessons in the course of study of study to be offered in sex education.
● The C. The Board shall maintain for viewing by the public the total instructional materials to be used in all high school sex school sex education courses to be offered.
● If D. If sex education is offered, the curricula shall include instruction on the laws relating to sexual conduct with a minora minor.
Certification of Compliance
The District shall certify, under the notarized signatures of both the Governing Board President and the Superintendent, compliance with A.A.C. R7-2-303. Acknowledgment of receipt of the compliance certification from the State Board of Education is required as a prerequisite to the initiation of instruction. Certification of compliance shall be in a format and with such particulars as shall be specified by the Department of Education.
Curricular matters relating to human sexuality and development will be presented within established appropriate curriculum areas such as science and health education. The reproductive system will be presented as one (1) of the various systems affecting growth and development. Emphasis placed upon this topic will be commensurate with that placed upon other systems of the human body. Tact and good taste will be used when this topic is presented and discussed. When parents notify school staff that they do not wish their children to participate in discussions or lectures relating to the human reproductive system, their requests will be honored.
Parents will be notified when information related to human sexuality and development is presented to students unrelated to a specific class or course. Parents will be informed of the specific curriculum to be presented and of any resources to be utilized. To take part in such presentations, parents must give prior written approval.
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: October 25, 2012 <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-115
15-341
15-716711
15-720716
A.A.C.
R7-2-303R9-6-339
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 - 12):
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. Promote honor and respect for monogamous heterosexual marriage.
6. 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:
● Be A. Be appropriate to the grade level in which it is offered.
● Be B. Be medically accurate.
● Promote C. Promote abstinence.
● Discourage D. Discourage drug abuse.
● Dispel E. Dispel myths regarding transmission of the human immunodeficiency virus.
Nothing shall be included in the course of study instruction that:
● Promotes A. Promotes a homosexual life-style.
● Portrays B. Portrays homosexuality as a positive alternative life-style.
● Suggests C. Suggests that some methods of sex are safe methods of homosexual sex.
The District may request that the Department of Health Services, in conjunction with the Department of Education, review instruction materials to determine their medical accuracy.
The District may request that the Department of Education provide the following assistance:
● A. A suggested course of study.
● Teacher B. Teacher training.
● A C. A list of available films and other teaching aids.
At the request of a parent, a student shall be excused from the instruction on acquired immune deficiency syndrome and the human immunodeficiency virus. The District shall notify all parents of their ability to withdraw their children from the instruction.
A long-range plan will be the basis for providing special education services for students with exceptional needs and education requirements. These services may include specialized programs, personnel, facilities, materials, and equipment needed to promote the individual physical, social, intellectual, and emotional growth of exceptional students.
The Superintendent shall develop procedures that provide educational opportunities for individuals with disabilities and that accomplish District compliance with federal laws including the Individuals with Disabilities Education Act (IDEA), the Arizona revised statutes, and the lawful regulations of the State Board of Education. Such procedures shall include, but not be limited to, the following provisions:
● All A. All children with disabilities aged birth (0) through twenty-one (21) years within the District�s District's jurisdiction are to be to be identified, located, and evaluated including children attending religious or private schools who are in need of need of special education and related services.
● A B. A free appropriate public education (FAPE) shall be available to all children with disabilities aged three (3) through through twenty-one (21) years within the District�s District's jurisdiction, including children advancing from grade to gradeto grade, those who have been suspended or expelled from school in accordance with the applicable IDEA rules IDEA rules and regulations, and any child with a disability the District has placed in or referred to a private school or school or facility. The District may refer to and contract with approved public or private agencies as necessary to ensure the provision of FAPE for children with disabilities. FAPE for an eligible student with a disability shall disability shall extend through conclusion of the instructional year during which the student attains the age of twenty-two (22).
● A C. A full individual evaluation encompassing existing and additional data shall be conducted for each child to determine to determine if the child is a child with a disability and the educational needs of the child before the initial provision initial provision of special education and related services. A reevaluation of each child shall be conducted at least at least every third year.
● An D. An individualized education program (IEP) shall be developed and implemented for each eligible child served by served by the District and for each eligible child the District places in or refers to a private school or facility. An IEP or an or an individualized family service plan (IFSP) will be in place for each child with a disability prior to the provision of provision of FAPE.
● To E. To the maximum extent appropriate, opportunities for the least restrictive setting, inclusion in educational exercises educational exercises with regular program students, and for interaction with the total school environment will be provided to provided to exceptional students, the exception to be only when the student�s student's condition, with supplementary aids and servicesand services, make such regular class education unsatisfactory.
● All F. All required procedural safeguards must be guaranteed to the exceptional students and their parents. The parents The parents will be provided with notices of procedural safeguards in each specified instance and all due process conditions process conditions will be satisfied with respect to the provision of a free appropriate public education.
● The G. The District shall follow the established state and federal standards to protect the confidentiality of personally identifiable personally identifiable information at the collection, storage, disclosure, and destruction stages.
● To H. To the extent essential to provide FAPE to children with disabilities aged three (3) through twenty-one (21), extended extended school year (ESY) services shall be made available and implemented as necessary.
● Criteria I. Criteria for the graduation of exceptional students, including accomplishment in reading, writing, and mathematicsand mathematics, shall be as specified in the District policy on graduation requirements. Such standards shall standards shall be equivalent to or greater than those established by the State Board of Education.
● Not J. Not later than March 1 of each year conduct a review of the reasonable and acceptable ratio of students per teacher per teacher for each disability category. The applicable ratios shall be specified in a regulation accompanying the District the District policy on class size.
● The K. The discipline of exceptional students, and unevaluated students suspected of having a qualifying disability, is to is to be conducted in such a manner as to comply with FAPE and requirements of the IDEA.
For the purpose of this policy as it relates to a child with a disability, home school district means the school district in which the person resides who has legal custody of the child as provided in A.R.S. 15-824. If the child is a ward of the state and a specific person does not have legal custody of the child or is a ward of this state and the child is enrolled in an accommodation school pursuant to A.R.S. 15-913, the home school district is the district the child last attended or, if the child has not previously attended a public school in this state, the school district within which the child currently resides.
The Superintendent is authorized and directed to establish procedures for the development and administration of the necessary programs, and to document District compliance with the law and this policy. Such procedures will be made available to staff members and to parents as necessary to enhance compliance.
Adopted: September 22, 2011 <-- 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)
CROSS REF.:
IIB - Class Size
IKE - Promotion , and Retention , and Acceleration of Students
IKF - Graduation Requirements
JKD - Student Suspension
JKE - Expulsion of Students
JR - Student Records
REGULATION
SPECIAL INSTRUCTIONAL PROGRAMS
(Identification and Placement
of Exceptional Students)
This detailed administrative regulation is issued to:
● Accomplish A. Accomplish the requirements of the Governing Board set out in policy IHB¾Special IHB - Special Instructional Programs.
● Assure B. Assure District compliance with the requirements of applicable federal and state laws and the lawful regulations lawful regulations of the State Board of Education.
● Aid C. Aid District personnel in fulfilling their duties relating to the topic by presenting the procedural information in a format information in a format that aligns with the Arizona Department of Education/Exceptional Student Services (ADE/ESS) compliance compliance checklists.
Citations from the following sources are annotated to the material to assist in conducting research and for clarification:
● Arizona A. Arizona Revised Statutes (A.R.S.)
● Arizona B. Arizona Administrative Code (A.A.C.) Title 7, Chapter 2, State Board of Education Rules
● Regulations C. Regulations of the Family Educational Rights and Privacy Act as published in Part 99 of Title 34 of the Code of Code of Federal Regulations (C.F.R.)
● Regulations D. Regulations to the Individuals with Disabilities Education Act (IDEA) as published in Title 34 of the C.F.R., Part Part 300.
Whenever the term "District" is used in this regulation, it is to be interpreted contextually to mean the School District, the respective local school site, a representative of the District or a representative of the local school site, as is applicable to the circumstance.
Applicability
To accommodate the necessity to present procedural information in a format that aligns with the Arizona Department of Education/Exceptional Student Services (ADE/ESS) compliance checklists, this generic regulation contains procedural requirements for covered individuals of all ages. However, any statement in this regulation that addresses a provision that is not applicable to the grade levels and age ranges included in the student membership of the District is to be considered for the purposes of compliance to be not applicable.
Child Find
The District will identify, locate, and evaluate all children with disabilities within its geographic boundaries who are in need of special education and related services including, but not limited to, children who are:
● HomelessA. Homeless;
● Highly B. Highly mobile, including migrant children;
● Wards C. Wards of the state; and,
● Attending D. Attending private schools or who are homeschooled.
In its identification process the District will include children who are suspected of being a child with a disability and in need of special education, even though a student is:
● Advancing A. Advancing from grade to grade
● Highly B. Highly mobile, including a migrant student. [34 C.F.R. 300.111]
The District will inform the general public and parents within its boundaries of the responsibility for special education services for students aged three (3) through twenty-one (21) years, and how those services may be accessed including information regarding early intervention services for children aged birth through two (2) years. Services for an eligible student with a disability shall extend through conclusion of the instructional year during which the student attains the age of twenty-two (22). [A.A.C. R7-2-401.C]
The District will require all school-based staff members to review the written procedures related to child identification and referral on an annual basis, and maintain documentation of the staff review. [A.A.C. R7-2-401.D]
Identification screening for possible disabilities shall be completed within forty-five (45) calendar days after:
● Entry A. Entry of each preschool or kindergarten student and any student enrolling without appropriate records or screeningor screening, evaluation, and progress in school; or
● Parent B. Parent notification of developmental or educational concerns.
Screening procedures shall include vision and hearing status and consideration of the following areas:
● Cognitive A. Cognitive or academic;● Communication
B. Communication;●
MotorC. Motor;
● Social D. Social or behavioral; and
● Adaptive E. Adaptive development.
For a student transferring into a school, the District shall review enrollment data and educational performance in the prior school. If there is a history of special education for a student not currently eligible for special education or poor progress, the name of the student shall be submitted to the administrator for consideration of the need for a referral for a full and individual evaluation or other services. [A.A.C. R7-2-401.D]
If a concern about a student is identified through screening procedures or review of records, the parents of the student shall be notified of the concern within ten (10) school days and informed of the District's procedures to follow-up on the student's needs. [A.A.C. R7-2-401.D]
The District shall maintain documentation of the identification procedures utilized, the dates of entry into school, notification by parents of a concern and the dates of screening. The dates shall be maintained in the student's permanent records. [A.A.C. R7-2-401.D]
If the screening indicates a possible disability, the name of the student shall be submitted to the administrator for consideration of the need for a referral for a full and individual evaluation or other services. A parent or a student may request an evaluation of the student. [A.A.C. R7-2-401.D]
If, after consultation with the parent, the District determines that a full and individual evaluation is not warranted, the District shall provide prior written notice and procedural safeguards notice to the parent in a timely manner. [A.A.C. R7-2-401.D]
Confidentiality
The District will permit parents to inspect and review any education records relating to their children that are collected, maintained or used by the District under Individuals with Disabilities Education Act (IDEA). The District will comply with a request without unnecessary delay and in no case more than forty-five (45) days after the request has been made, and before:
● Any A. Any individualized education program (IEP) meeting;
● Any B. Any hearing involving a due process complaint or disciplinary hearing;
● Any C. Any resolution session. [34 C.F.R. 300.613]
The right to inspect and review education records includes:
● The A. The right to a response from the District to reasonable requests for explanations and interpretations of the recordsthe records;
● The B. The right to request that the District provide copies of the records if failure to provide those copies would effectively would effectively prevent the parent from exercising the right to inspect and review the records; and
● The C. The right to have a representative of the parent inspect and review the records. [34 C.F.R. 300.613]
The District may presume that the parent has authority to inspect and review records relating to his or her child unless the District has been advised to the contrary by legal proceeding involving guardianship, separation and divorce. [34 C.F.R. 300.613]
The District will keep a record of parties obtaining access to education records collected, maintained or used under IDEA (except access by parents and authorized employees of the District), including:
● The A. The name of the party;
● The B. The date access was given; and
● The C. The purpose for which the party is authorized to use the records. [34 C.F.R 300.614]
If any education record includes information on more than one (1) child, the parents of those children have the right to inspect and review only the information relating to their child. [34 C.F.R 300.615]
The District will provide parents on request a list of the types and locations of education records collected, maintained or used by the District. [34 C.F.R 300.616]
The District may charge a fee for copies of records that are made for parents if the fee does not effectively prevent the parents from exercising their right to inspect and review records. [34 C.F.R 300.617]
The District will not charge a fee to search for or to retrieve information. [34 C.F.R 300.615]
A parent who believes that information in the education records collected, maintained or used by the District is inaccurate or misleading or violates the privacy or other rights of the child, may request the District to amend the information. [34 C.F.R 300.618]
The District will decide whether to amend the information in accordance with the request in a reasonable period of time of receipt of the request. [34 C.F.R 300.618]
If the District refuses to amend the information in accordance with the request, it will inform the parent of the refusal and advise the parent of the right to a hearing under 34 C.F.R 300.619. [34 C.F.R 300.618]
The District will, on request, provide an opportunity for a hearing to challenge information in education records to ensure that it is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child. [34 C.F.R 300.618]
If, as a result of a hearing, the District decides to amend information determined inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child, it will do so accordingly and so inform the parent in writing. [34 C.F.R 300.618]
If, as a result of a hearing, the District decides that the information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child, the District will inform the parent of the parent's right to place in the maintained records a statement commenting on the information or setting forth any reasons for disagreeing with the District's decision. [34 C.F.R 300.618]
Parental consent will be obtained before personally identifiable information is disclosed to parties other than participating agencies, unless the information is contained in education records and the disclosure is authorized without parent consent under Family Educational Rights and Privacy Act (FERPA). [34 C.F.R 300.622]
Parental consent will be obtained before personally identifiable information is released to officials of participating agencies providing or paying for transition services in accordance with §300.321. [34 C.F.R 300.622]
If a child is enrolled, or is going to enroll in a private school that is not located in the boundaries of the district of the parent's residence, parental consent will be obtained before any personally identifiable information about the child is released between officials in the district where the private school is located and officials in the district of the parent's residence. [34 C.F.R 300.622]
The District will protect the confidentiality of personally identifiable information at collection, storage, disclosure, and destruction stages. [34 C.F.R 300.623]
One (1) official at the District will assume responsibility for ensuring the confidentiality of any personally identifiable information.
All persons collecting or using personally identifiable information will receive training or instruction regarding the State's policies and procedures under 300.123 and FERPA (34 C.F.R. part 99). [34 C.F.R 300.623]
The District will maintain, for public inspection, a current listing of the names and positions of its employees who may have access to personally identifiable information. [34 C.F.R 300.623]
The District will inform parents when personally identifiable information collected, maintained, or used for IDEA purposes is no longer needed to provide educational services to the child. [34 C.F.R 300.624]
The information will be destroyed at the request of the parents. However, a permanent record of a student's name, address, and phone number, his or her grades, attendance record, classes attended, grade level completed, and year completed may be maintained without time limitation. [34 C.F.R 300.624]
The rights of the parents regarding educational records are transferred to the student at age eighteen (18) under FERPA unless the student has been declared legally incompetent, or the student has executed a delegation of rights to make educational decisions pursuant to A.R.S. 15-773. [34 C.F.R 300.625]
If the rights of the parents regarding educational records are transferred to the student at age eighteen (18) under the IDEA, the District will provide any notice required under the procedural safeguards provisions. [34 C.F.R 300.625]
Discipline
On a case-by-case basis and in consideration of any unique circumstances, school personnel may remove a child with a disability who violates a student code of conduct from his or her current placement to an appropriate interim alternative educational setting, another setting, or suspension, for not more than ten (10) consecutive school days (to the extent those alternatives are applied to children without disabilities), and for additional removals of not more than ten (10) consecutive school days in that same school year for separate incidents of misconduct, as long as those removals do not constitute a change of placement under §300.536. [34 C.F.R. 300.530]
After a child with a disability has been removed from his or her current placement for ten (10) school days in the same school year, during any subsequent days of removal the District will provide services to the extent required to:
● Enable A. Enable the child to continue to participate in the general education curriculum, although in another settinganother setting, and to progress toward meeting his/her IEP goals; and
● ReceiveB. Receive, as appropriate, a functional behavioral assessment, behavioral intervention services and modifications services and modifications that are designed to address the behavior violation so that it does not recur. [34 C.F.R. 300.530]
The District is only required to provide services during periods of removal to a child with a disability who has been removed from his or her current placement for the (10) days or less in that school year, if it provides services to non-disabled children similarly removed. [34 C.F.R. 300.530]
After a child with a disability has been removed from his or her current placement for ten (10) school days, and the current removal is for not more than ten (10) consecutive school days and not a change of placement, school personnel, in consultation with at least one of the child's teachers, determine the extent to which services are needed, so as to enable the child to continue to participate in the general education curriculum and to progress toward meeting the individualized education program (IEP) goals. [34 C.F.R. 300.530]
If the removal is a change in placement, the child's IEP team determines the appropriate services. [34 C.F.R. 300.530]
Within ten (10) school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct, the District, parent, and relevant members of the IEP team will review all relevant information in the student's file, the IEP, teacher observations, and any relevant information to determine:
● If A. If the conduct was caused by, or had a direct and substantial relationship to, the child's disability; or
● If B. If the conduct in question was the direct result of the District's failure to implement the IEP. [34 C.F.R. 300.530]
The conduct will be determined to be a manifestation of the disability if either of the above-named conditions occurred, and, if the IEP was not implemented, the District will take immediate steps to remedy that deficiency. [34 C.F.R. 300.530]
If the District, parent, and relevant members of the IEP team determine that the conduct was a manifestation of the child's disability, the child will be returned to the placement from which the child was removed, unless the parent and District agree to a change of placement. The IEP team will either:
● Conduct A. Conduct a functional behavioral assessment, unless already done, and implement a behavioral intervention planintervention plan; or
● If B. If a behavioral intervention plan has already been developed, review the plan and modify it, as necessary, to address to address the behavior. [34 C.F.R. 300.530]
School personnel may remove a student to an interim alternative educational setting for not more than forty-five (45) school days without regard to manifestation of disability if the child:
● Carries A. Carries a weapon to or possesses a weapon at school, on school premises, to or at a school function under the under the jurisdiction of the state or the District;
● Knowingly B. Knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at schoolat school, on school premises, or at a school function under the jurisdiction of the state or the District; or
● Has C. Has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function school function under the jurisdiction of the state or the District. [34 C.F.R. 300.530]
The District will notify parents and provide notice of procedural safeguards on the day the District determines the student has violated the code of conduct, and the violation constitutes a change in placement (i.e., interim alternative education setting). [34 C.F.R. 300.530]
The child's IEP team determines the interim alternative educational setting for services. [34 C.F.R. 300.531]
The parent of a child with a disability who disagrees with any decision regarding placement under §§300.530 and 300.531 or the manifestation determination may appeal the decision by requesting an expedited due process hearing in conformance with §§300.310 through 300.314 and A.A.C. R7-2-405.I. [34 C.F.R. 300.532]
When the District believes that maintaining the current placement of the child is substantially likely to cause injury to the child or others the District may appeal the decision by requesting an expedited due process hearing in conformance with §§300.310 through 300.314 and A.A.C. R7-2-405.I. [34 C.F.R. 300.532]
The student will remain in the interim alternative educational setting pending the decision of the hearing officer or expiration of the interim setting, whichever comes first, unless the parent and District agree otherwise. [34 C.F.R. 300.532]
A non-eligible student who engaged in a behavior that violated a code of student conduct may assert protections if the District had knowledge that the child was a child with a disability before the behavior that precipitated the disciplinary action occurred. The District will be deemed to have such knowledge if:
● The A. The parent of the child expressed concern in writing to supervisory or administrative personnel of the District, or or a teacher of the child, that the child is in need of special education and related services;
● The B. The parent of the child requested an evaluation of the child pursuant to §§300.300 through 300.311; or
● The C. The teacher of the child, or other personnel of the District, expressed specific concerns about a pattern of behavior of behavior demonstrated by the child directly to the director of special education or to other supervisory personnel supervisory personnel of the District. [34 C.F.R. 300.534]
The District will not be deemed to have knowledge if the parent of the child:
● Has A. Has not allowed an IDEA evaluation of the child;
● Has B. Has refused special education services for the child; or
● The C. The child has been evaluated and determined to not be a child with a disability under IDEA. [34 C.F.R. 300.534]
When the District does not have knowledge that a child is a child with a disability prior to taking disciplinary measures against the child, the child may be disciplined as other children without disabilities who engage in comparable behaviors.
If an evaluation is requested during the time in which a child is subjected to disciplinary measures, the evaluation will be conducted in an expedited manner.
● Until A. Until the evaluation is completed, the child remains in the educational placement determined by the District, which which can include suspension or expulsion without educational services.
● If B. If the child is determined to be a child with a disability, the District will provide special education and related services related services in accordance with this part, including the requirements of §§300.530 through 300.536. [34 C.F.R. 300.534]
The District may report a crime committed by a child with a disability to appropriate authorities to enable them to exercise their responsibilities. 34 C.F.R. 300.535]
When reporting a crime committed by a child with a disability the District ensures that copies of the special education and disciplinary records of the child are transmitted for consideration by the appropriate authorities to whom the District reports the crime, but only to the extent permitted by FERPA. [34 C.F.R. 300.535]
A change of placement occurs if:
● The A. The removal is for more than ten (10) consecutive school days; or
● The B. The child has been subjected to a series of removals that constitute a pattern:
■ because 1. because the series of removals total more than ten (10) school days in a school year;
■ because 2. because the child's behavior is substantially similar to the behavior in previous incidents that resulted in a in a series of removals; and
■ because 3. because of such additional factors as the length of each removal, the total amount of time the child has been has been removed, and the proximity of the removals to one another. [34 C.F.R. 300.536]
The District will determine on a case-by-case basis whether a pattern of removals constitutes a change of placement, and such determinations are subject to review through due process and judicial proceedings. [34 C.F.R. 300.536]
Evaluation and Eligibility
The District, when proposing to conduct an initial evaluation to determine if a child qualifies as a child with a disability, and after reviewing existing data with the parents and providing prior written notice, will obtain informed consent from the parent of the child before collecting any additional data.
● Parental A. Parental consent for initial evaluation will not be construed as consent for initial provision of special education and education and related services.
● The B. The District will make reasonable efforts to obtain the informed consent from the parent for an initial evaluationinitial evaluation. [34 C.F.R. 300.300]
For initial evaluations only, if the child is a ward of the state, is not residing with the child's parent, the District is not required to obtain consent from the parent if:
● Despite A. Despite reasonable efforts to do so, the District cannot discover the whereabouts of the parents of the child;
● The B. The rights of the parents of the child have been terminated by the court;
● The C. The rights of the parent to make educational decisions have been subrogated by a judge and consent for an initial an initial evaluation has been given by an individual appointed by the judge to represent the child. [34 C.F.R. 300.536]
The District may, but is not required to seek informed consent through due process procedures if the parent of a child who is enrolled or seeking to enroll in the District refuses consent for an initial evaluation. [34 C.F.R. 300.300]
The District will obtain informed consent from the parent of the child before the initial provision of special education and related services to the child, and will make reasonable efforts to obtain that consent. [34 C.F.R. 300.300]
If a parent refuses consent for the initial provision of special education and related services, the District will not seek consent through due process hearing procedures. The District:
● Will A. Will not be considered to be in violation to provide a Free Appropriate Public Education (FAPE);
● Is B. Is not required to convene a IEP team meeting or develop an IEP for the child. [34 C.F.R. 300.300]
If, at any time subsequent to the initial provision of special education and related services, the parent of a child revokes consent in writing for the continued provision of special education and related services, the District:
● May A. May not continue to provide special education and related services to the child, but shall provide prior written notice written notice before ceasing the provision of special education and related services;
● May B. May not use the mediation procedures or the due process procedures in order to obtain agreement or a ruling that ruling that the services may be provided to the child;
● Will C. Will not be considered in violation of the requirement to make FAPE available to the child because of the failure the failure to provide the child with further special education and related services; and
● Is D. Is not required to convene an IEP Team meeting or develop an IEP for the child for further provision of special education special education and related services.
The District will obtain informed consent prior to conducting any reevaluation of a child with a disability.
● If A. If the parent refuses consent, the District may utilize due process hearing procedures to seek consent, but does but does not violate its obligation if it declines to pursue the evaluation or reevaluation.
● The B. The informed parental consent for reevaluation need not be obtained if the District can demonstrate that:
■ it 1. it made reasonable efforts to obtain such consent and has documented those attempts;
■ the 2. the child's parent has failed to respond. [34 C.F.R. 300.300]
Parental consent is not required before:
● Reviewing A. Reviewing existing data as part of an evaluation or reevaluation; or
● Administering B. Administering a test or other evaluation that is administered to all children unless consent is required of parents of parents of all children prior to administration. [34 C.F.R. 300.300]
The District will not use a parent's refusal to consent to one service or activity under this section to deny the parent or child any other service, benefit, or activity of the District, except as required by this part. [34 C.F.R. 300.300]
If a parent of a child who is home-schooled or placed in a private school by the parents at their own expense does not provide consent for the initial evaluation or the reevaluation, or the parent fails to respond to a request to provide consent, the District will not utilize due process hearing procedures to seek consent. [34 C.F.R. 300.300]
Consistent with consent requirements of §300.300, either a parent of a child or the District may initiate a request for an initial evaluation to determine if a child is a child with a disability. [34 C.F.R. 300.301]
The initial evaluation will:
● Be A. Be completed within sixty (60) days of receiving parental consent for the evaluation, unless:
■ the 1. the parents and the District agree that it is in the best interest of the child to extend the timeline to complete to complete the evaluation for an additional thirty (30) days; or;
■ the 2. the child enrolls in the District following the child's departure from a previous district after the parent has provided has provided consent and before the determination of eligibility by the child's previous district. In that event, the the District ensures prompt completion of the evaluation.
■ the 3. the parent of a child with a disability repeatedly fails or refuses to produce the child for the evaluation.
● Consist B. Consist of procedures to determine if the child is a child with a disability and to determine the educational needs educational needs of the child. [34 C.F.R. 300.301]
The District will conduct a reevaluation of a child with a disability if:
● The A. The District determines that the educational or related service needs, including improved academic achievement academic achievement and functional performance, of the child warrant a reevaluation; or
● If B. If the child's parents or teacher requests a reevaluation; except
● The C. The District will not conduct a reevaluation more than once a year unless the parent and District agree otherwiseagree otherwise. [34 C.F.R. 300.303]
The District will conduct a reevaluation at least once every three (3) years, unless the parent and the District agree that a reevaluation is unnecessary. [34 C.F.R. 300.303]
The District will provide prior written notice to the parents of a child who has, or who is suspected of having, a disability, that describes the evaluation procedures that the District proposes to conduct. [34 C.F.R. 300.304]
In conducting an evaluation or reevaluation, the District will:
● Use A. Use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information academic information about the child, including information provided by the parent in order to determine;
■ whether 1. whether the child is a child with a disability; and
■ if 2. if the child is a child with a disability, information related to enabling the child to be involved in and progress and progress in the general education curriculum (or for a preschool child, to participate in appropriate activitiesappropriate activities).
● Not B. Not use any single measure or assessment as the sole criterion for determining whether a child is a child with a with a disability and for determining an appropriate educational program for the child; and
● Use C. Use technically sound instruments that may assess the relative contribution of cognitive and behavioral factorsbehavioral factors, in addition to physical or developmental factors. [34 C.F.R. 300.304]
The District ensures that evaluation materials and strategies:
● Are A. Are selected and administered so as not to be discriminatory on a racial or cultural basis;
● Are B. Are administered in the child's native language or other mode of communication and in the form most likely to likely to yield accurate information on what the child knows and can do academically, developmentally, and functionallyand functionally, unless it is clearly not feasible to do so;
● Are C. Are used for the purposes for which the assessment(s) or measure(s) are valid and reliable;
● Are D. Are administered by trained and knowledgeable personnel;
● Are E. Are administered in accordance with the instructions provided by the assessment publisher;
● Are F. Are selected and administered so as to ensure that if administered to a child with impaired sensory, manual, or speaking or speaking skills, the assessment results accurately reflect the child's aptitude or achievement level or whatever other whatever other factors the test purports to measure rather than reflecting the child's impairments (unless those skills are the are the factors being measured).
● Assess G. Assess the child in all areas related to the suspected disability, including, if appropriate, health, vision, hearing hearing, social and emotional status, general intelligence, academic performance, adaptive behavior, communicative communicative status, and motor abilities; and
● Are H. Are sufficiently comprehensive to identify all of the child's special education and related services needs, whether whether or not those needs are commonly associated with the child's disability.
● I. Provide relevant information that directly assists in determining the educational needs of the child. [34 C.F.R. 300.304]
Evaluations of children who transfer to or from another District in the same school year are coordinated with the prior and subsequent schools, in order to expedite the completion of a full evaluation. [34 C.F.R. 300.304]
As part of an initial evaluation (if appropriate), and as part of any reevaluation, the IEP team and other qualified professionals, as appropriate, will:
● Review A. Review existing evaluation data on the child including:
■ evaluations 1. evaluations and information provided by the parents;
■ current 2. current classroom-based, local and state-wide assessments, and classroom-based observations;
■ observations 3. observations by teachers, and related services providers.
● On B. On the basis of that review, and input from the child's parents, identify what additional data, if any, are needed to needed to determine whether:
■ the 1. the child is or continues to be a child with a disability, and, if so, the educational needs of the child;
■ the 2. the present levels of academic achievement and related developmental needs of the child;
■ whether 3. whether the child needs special education and related services to enable the child to meet measurable annual measurable annual IEP goals and to participate, as appropriate, in the general education curriculum.
● The C. The IEP team may conduct the review without a meeting. [34 C.F.R. 300.305]
If additional data are needed, the District will administer the assessments required to obtain the additional data. [34 C.F.R. 300.305]
If additional data are not needed to determine whether the child continues to be a child with a disability, and to determine the child's educational needs, the District will notify the parents of:
● The A. The determination and the reasons for the determination; and
● The B. The right of the parents to request an assessment to determine whether the child continues to be a child with a with a disability and to determine the child's educational needs. [34 C.F.R. 300.305]
The District will evaluate a child before determining that the child is no longer a child with a disability except when the termination is due to graduation with a regular high school diploma or at the conclusion of the instructional year during which the child attained the age of twenty-two (22).
● When A. When the child's eligibility terminates because of graduation or at the conclusion of the instructional year during year during which the child attained the age of twenty-two (22), the District will provide a summary of the child's academic s academic achievement and functional performance that includes recommendations on how to assist the child in the child in meeting the child's postsecondary goals. [34 C.F.R. 300.305]
Upon completion of the evaluation process, the District ensures that:
● A. A group of qualified professionals and the parent of the child determine:
■ if 1. if the child is a child with a disability under the Individuals with Disabilities Education Act and the Arizona State Arizona State Statutes; and
■ if 2. if so, the educational needs of the child.
● The B. The parents are provided, at no cost, a copy of the evaluation report and eligibility determination. [34 C.F.R. 300.306]
A child will not be determined to be a child with a disability if the primary factor for the determination is:
● Lack A. Lack of appropriate instruction in reading, including the essential components of reading instruction instruction (as defined in 1208(3) of the Elementary and Secondary Education Act [ESEA]);
● Lack B. Lack of appropriate instruction in math; or
● Limited C. Limited English proficiency. [34 C.F.R. 300.306]
The eligibility determination, including education needs, will be based on all of the information sources used in the evaluation process, and if deemed eligible and in need of special education and related services, an IEP will be developed in accordance with §300.320 through 300.324. [34 C.F.R. 300.306]
Additional procedures for identifying children with specific learning disabilities:
● A. Option 1:
■ The 1. The District will use the state-adopted criteria for determining whether a child has a specific learning disability through a process based on the child's response to scientific, research-based intervention in conformity with IDEA Regulations §300.307-311. [34 C.F.R. 300.307]
B. Option 2:
1. The District will use a criteria for determining whether a child has a specific learning disability through the through the identification of a severe discrepancy between intellectual ability and achievement in conformity with conformity with IDEA Regulations §300.307-311. [34 C.F.R. 300.307]
● C. Option 23:
■ The 1. The District will determine, on an individual child basis, the criteria for determining whether a child has a has a specific learning disability using one of the following criteria in conformity with IDEA Regulations §300Regulations §300.307-311:
⇒ The a. The state-adopted criteria based on a child's response to scientific, research-based intervention, if the school has been approved to use this process by the District;⇒ The ;
b. The identification of a severe discrepancy between intellectual ability and achievement. [34 C.F.R. 300.307]
The determination of whether a child suspected of having a specific learning disability is a child with a disability will be made by the child's parents and a team of qualified professionals which will include:
● The A. The child's regular education teacher; or
● If B. If the child does not have a regular education teacher, then a regular education teacher qualified to teach children teach children of that age;
● For C. For a child of less than school age, an individual qualified by the state to teach children of his/her age;
● At D. At least one (1) person qualified to conduct individual diagnostic evaluations of children, such as a school psychologistschool psychologist, speech-language pathologist, or remedial reading teacher. [34 C.F.R. 300.308]
A child may be determined to have a specific learning disability if:
● The A. The child does not achieve adequately for the child's age or to meet state�approved state–approved grade level standards in one in one (1) or more of the following areas, when provided with learning experiences and instruction appropriate for appropriate for the child's age or meet state�approved state–approved grade level standards:
■ oral 1. oral expression
■ listening 2. listening comprehension
■ written 3. written expression
■ basic 4. basic reading skill
■ reading 5. reading fluency skills■ reading
6. reading comprehension
■ mathematics 7. mathematics calculation
■ mathematics 8. mathematics problem solving
● The child B. The child does not make sufficient progress to meet age or state–approved grade level standards in one (1) or more of the areas in listed immediately above when using a process based on the child's response to scientific, research-based intervention; or
C. The child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to ageto age, state�approved state–approved grade level standards, or intellectual development, that is determined by the group to be to be relevant to the identification of a specific learning disability, through one (1) of the following methods:
■ a 1. a discrepancy between achievement and ability;
■ the 2. the child's response to scientific, research-based interventions, or
■ other 3. other alternative research-based procedures,
using appropriate assessments. [34 C.F.R. 300.309]
The findings of this section are not primarily the result of:
● A. A visual, hearing or motor disability;
● Mental B. Mental retardation;
● Emotional C. Emotional disturbance;
● Cultural D. Cultural factors;
● Environmental E. Environmental or economic disadvantage; or
● Limited F. Limited English proficiency. [34 C.F.R. 300.309]
The group ensures that the underachievement is not due to a lack of appropriate instruction in reading or math and consider:
● Data A. Data that demonstrate that prior to, or as part of, the referral process, the child was provided appropriate instruction appropriate instruction in regular education settings, delivered by qualified personnel; and
● DataB. Data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal assessment formal assessment of student progress during instruction, which was provided to the child's parents. [34 C.F.R. 300.309]
The District will promptly request parent consent to evaluate if, prior to referral, the child has not made adequate progress after an appropriate period of time when provided instruction described in the two (2) immediately preceding bullets. [34 C.F.R. 300.309]
The District ensures that the child is observed in his/her learning environment, including the regular classroom setting, to document the child's academic performance and behavior in the areas of difficulty. [34 C.F.R. 300.310]
In the case of a child less than school age or out of school, a group member will observe the child in an environment appropriate for a child that age. [34 C.F.R. 300.310]
For a child suspected of having a specific learning disability, the eligibility determination will contain a statement of:
● Whether A. Whether the child has a specific learning disability;
● The B. The basis for making the determination, including an assurance the determination was made in accordance with accordance with the Individuals with Disabilities Education Act;
● The C. The relevant behavior, if any, noted during the observation and the relationship of that behavior to the child's academic s academic functioning;
● The D. The educationally relevant medical findings, if any;
● Whether E. Whether the child does not achieve adequately for his/her age or to meet state-approved grade level standards level standards consistent with whether the child has a specific learning disability; and does not make sufficient make sufficient progress to meet age or state-approved grade level standards consistent with the basis of a of a determination in accordance with IDEA; or
● The F. The child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to ageto age, state-approved grade level standards or intellectual development consistent with the observation of relevant of relevant behavior.
● The G. The determination of the group concerning the effects of a visual, hearing, or motor disability; mental retardationmental retardation; emotional disturbance; cultural factors; environmental or economic disadvantage; or limited English limited English proficiency of the child's achievement level. [34 C.F.R. 300.311]
If the child participated in a process that assessed the child's response to scientific, research-based intervention:
A. The instructional strategies used and the student-centered data collected; and
B. The documentation that the child's parents were notified about the state's policies regarding the amount and nature of student performance that would be collected and the general education services that would be provided;
C. Strategies for increasing the rate of learning; and
D. The parent's right to request an evaluation. [34 C.F.R. 300.311]
Each group member will certify in writing whether the report reflects the member's conclusion. If it does not, the group member will submit a separate statement presenting the member's conclusions. [34 C.F.R. 300.311]
Free Appropriate Public Education
The determination that a child is eligible for special education and related services will be made on an individual basis by a properly constituted District team. [34 C.F.R. 300.306 and, if applicable, 300.308]
For preschool children (age three [3] to five [5]):
● The A. The District will:
■ Make 1. Make FAPE available no later than the child's third birthday;
■ Ensure 2. Ensure that an IEP or an Individualized Family Service Plan (IFSP) is in effect for each child by that datethat date;
■ Ensure 3. Ensure that a child's IEP team determines the date when services under the IEP or IFSP will begin if a if a child's third birthday occurs during the summer.
For school-aged children (age five [5] through twenty-one [21]):
● The A. The District will make FAPE available to any child who needs special education and related services, even though even though the child has not failed or been retained in a course or grade, and is advancing from grade to grade. Services Services for an eligible student with a disability shall extend through conclusion of the instructional year during which year during which the student attains the age of twenty-two (22).
The District will establish policy and procedures with regard to allowable pupil-teacher ratios and pupil-staff ratios within the District or county for provision of special education services. [A.R.S. 15-764]
The special education programs and services provided shall be conducted only in a school facility which houses regular education classes or in other facilities approved by the division of special education. [A.R.S. 15-764]
The District ensures that assistive technology devices or services or both will be available to a child with a disability, if required, as a part of:
● special A. special education;
● related B. related services;
● supplementary C. supplementary aids and service. [34 C.F.R. 300.105]
On a case-by-case basis, the District ensures the use of school-purchased assistive technology devices in a child's home or other setting if the child's IEP team determines that the child needs access to those devices in order to receive FAPE. [34 C.F.R. 300.105]
The District will make extended school year services available as necessary to provide FAPE to children with disabilities.
● Extended A. Extended school year (ESY) services will be provided only if a child's IEP team determines, in accordance with accordance with §§300.320-300.324, that the services are necessary for the provision of FAPE.
● Services B. Services will not be:
■ limited 1. limited to a particular category of disability; or,
■ unilaterally 2. unilaterally limited to the type, amount, or duration of services. [34 C.F.R. 300.106]
The ESY services that are provided to a child with a disability will:
● Be A. Be provided beyond the normal school year of the District;
● Be B. Be provided in accordance with the child's IEP;
● Be C. Be provided at no cost to the parents of the child; and
● Meet D. Meet the standards of the state. [34 C.F.R. 300.106]
The District will afford children with disabilities an equal opportunity for participation in nonacademic and extracurricular services and activities including, as determined appropriate and necessary by the child's IEP team, the provision of supplementary aids and services. [34 C.F.R. 300.107]
Nonacademic and extracurricular services and activities may include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the District, referrals to agencies that provide assistance to individuals with disabilities, and employment of students, including both employment by the District and assistance in making outside employment available. [34 C.F.R. 300.107]
The District will make regular physical education services available to children with disabilities to the same extent that the District provides those services to children without disabilities, unless:
● The A. The child is enrolled full time in a separate facility; or
● The B. The child needs specially designed physical education as prescribed in the child's IEP. [34 C.F.R. 300.108]
If a child is enrolled in a separate facility, the District ensures that the child receives appropriate physical education services. [34 C.F.R. 300.108]
If special physical education is prescribed in a child's IEP, the District will provide for those services, either directly or through other public or private programs. [34 C.F.R. 300.108]
The District ensures that children with disabilities have available to them the variety of education programs and services that are available to nondisabled children, including art, music, industrial arts, consumer and homemaking education, and vocational education. [34 C.F.R. 300.110]
When serving children wearing hearing aids or surgically implanted medical devices, the District ensures that:
● The A. The hearing aids worn in school by children with hearing impairments are functioning properly; and
● The B. The external components of surgically implanted medical devices (e.g., cochlear implants) are functioning properlyfunctioning properly, except that the District will not be responsible for any post-surgical maintenance, programming or programming or replacement of any component, external or internal, of the medical device. [34 C.F.R. 300.113]
The District may use the Medicaid or other public benefits or insurance programs in which a child participates to provide or pay for services required under IDEA, as permitted under the public benefits or insurance program, except that the District:
● Will A. Will not require parents to sign up for or enroll in public benefits or insurance programs to receive FAPE;
● Will B. Will not require parents to incur out-of-pocket expenses such as payment of a deductible or co-pay for services for services required by IDEA, but may pay the cost that parents otherwise would be required to pay;
● Will C. Will not use a child's public benefit if that use would:
■ decrease 1. decrease lifetime benefits;
■ result 2. result in the family paying for non-school services that would otherwise be paid for by public benefits;
■ increase 3. increase premiums or lead to discontinuation of benefits; or
■ risk 4. risk loss of eligibility. [34 C.F.R. 300.154]
The District will notify parents that their refusal to allow access to their public benefits does not relieve the District of its responsibility to provide all required IDEA services. [34 C.F.R. 300.154]
The District will obtain parent consent consistent with §300.09 each time that access to public benefits are sought. [34 C.F.R. 300.154]prior to accessing a child's or parent's public benefits or insurance for the first time.
The District will provide a written notification to the child's parents before accessing the child's or parent's public benefits or insurance for the first time and prior to obtaining the one-time parental consent and annually thereafter.
Graduation
The District ensures that the Governing Board shall prescribe graduation criteria for students with disabilities from its high schools, which shall include accomplishment of the academic standards in at least reading, writing, mathematics, science and social studies, as determined by District assessment. [A.R.S. 15-701(B) and A.A.C. R7-2-301(D)(1)]
The District ensures that the Governing Board shall develop a course of study and graduation and promotion requirements for all students placed in special education programs in accordance with with R7-2-401 et seq. [A.R.S. 15-701(B) and A.A.C. R7-2-301(D)(1)]
The District will not be obligated to provide FAPE to students with disabilities who have graduated from high school with a regular high school diploma. [34 C.F.R. 300.102]
The exception does not apply to children who have graduated from high school but have not been awarded a regular high school diploma. [34 C.F.R. 300.102]
Graduation from high school with a regular high school diploma constitutes a change of placement requiring prior written notice in accordance with §300.503. [34 C.F.R. 300.102]
An evaluation is not required before the termination of a child's eligibility due to graduation from secondary school with a regular diploma or due to conclusion of the instructional year during which the student attains the age of twenty-two (22). [34 C.F.R. 300.305]
For a child no longer eligible due to graduation or exceeding the age of eligibility, the District will provide the child with a summary of the child's academic achievement and functional performance, which shall include recommendations on how to assist the child in meeting the child's post secondary goals. [34 C.F.R. 300.305]
Pupils with disabilities as defined in A.R.S. 15-761 or or children who receive special education as defined in in 15-763, shall not be required to achieve passing scores on competency tests (AIMS) in order to graduate from high school unless the pupil is learning at a level appropriate for the pupil's grade level in a specific academic area and unless a passing score on a competency test is specifically required in a specific academic area by the pupil's IEP as mutually agreed on by the pupil's parents (or eighteen [18] year old student) and IEP team. [A.R.S. 15-701.01(3)]
Individualized Education Program
The contents of each individualized education program (IEP) will include a statement of:
● The A. The child's present levels of academic achievement and functional performance, including:
■ how 1. how the child's disability affects the child's involvement and progress in the general curriculum; or
■ for 2. for preschool children, as appropriate, how the disability affects the child's participation in appropriate activitiesappropriate activities;
● Measurable B. Measurable annual goals, including academic and functional goals designed to:
■ meet 1. meet the child's needs that result from the child's disability to enable the child to be involved in and make progress make progress in the general education curriculum; and
■ meet 2. meet each of the child's other educational needs that result from the child's disability;
■ for 3. for children with disabilities who take alternate assessments (AIMS A) aligned to alternate achievement standardsachievement standards, a description of benchmarks or short-term objectives;
● How C. How the child's progress toward meeting the IEP goals will be measured and when periodic reports on the childthe child's progress toward the goals will be provided;
● The D. The special education and related services to be provided to the child, the supplementary aids and services to be to be provided to the child or on behalf of the child, the program modifications or supports for school personnel that personnel that will be provided to enable the child:
■ to 1. to advance appropriately toward attaining the annual goals;
■ to 2. to be involved in and progress in the general education curriculum and to participate in extracurricular and extracurricular and other nonacademic activities with other children with disabilities and nondisabled children.
● The E. The extent, if any, to which the child will not participate with nondisabled children in the regular class and in extracurricular in extracurricular and other nonacademic activities;
● Any F. Any individual accommodations that are needed to measure the academic achievement and functional performance functional performance of the child on state and District-wide assessments;
● If G. If the IEP team determines that the child must take an alternate assessment instead of a particular regular state regular state or District-wide assessment of student achievement, a statement of why:
■ the 1. the child cannot participate in the regular assessment; and
■ the 2. the particular alternate assessment selected is appropriate for the child;
● The H. The projected date for the beginning of the services and modifications and the anticipated frequency, location, and and duration of those services and modifications. [34 C.F.R. 300.320]
Beginning not later than the first IEP to be in effect when the child turns sixteen (16), or younger if determined appropriate by the IEP team, and updated annually, the IEP will also include a statement of:
● appropriate A. appropriate measurable postsecondary goals based upon age appropriate transition assessments related to related to training, education, employment, and, where appropriate independent living skills;
● transition B. transition services (including courses of study) needed to assist the child in reaching those goals. [34 C.F.R. 300.320]
Beginning not later than one (1) year before a student reaches the age of eighteen (18), the IEP will include a statement that the parents and the student have been informed of the rights under Part B, if any, that will transfer to the student on reaching the age of eighteen (18). [34 C.F.R. 300.320]
The IEP team for each child with a disability will include:
● The A. The parents of the child;
● Not B. Not less than one (1) regular education teacher of the child (if the child is, or may be, participating in the regular the regular education environment);
● Not C. Not less than one (1) special education teacher of the child, or where appropriate, not less than one special education special education provider of the child;
● A D. A representative of the District who:
■ is 1. is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs unique needs of children with disabilities;
■ is 2. is knowledgeable about the general education curriculum; and
■ is 3. is knowledgeable about the availability of resources of the District;
■ may 4. may be a District team member described in the IEP team described above, with the exception of the parentsthe parents, if the above criteria are met.
● An E. An individual who can interpret the instructional implications of evaluation results, who may be a member of the of the team described in the IEP team described above, with the exception of the parents.
● At F. At the discretion of the parent or the District, other individuals who have knowledge or special expertise regarding expertise regarding the child, including related services personnel as appropriate; and
● Whenever G. Whenever appropriate, the child with a disability.
● A H. A child of any age if the purpose of the meeting is to consider postsecondary goals and transition services needed services needed to assist the child in reaching the IEP goals;
● If I. If the student does not attend the IEP meeting, the District will take other steps to ensure that the student's preferences s preferences and interests are considered.
● J. To the extent appropriate and with consent of the parents or the adult child;
■ the 1. the District will invite a representative of any participating agency that is likely to be responsible for providing for providing or paying for transition services.
■ for 2. for a child who is transitioning from the Arizona Early Intervention Program (AzEIP), representatives from AzEIP from AzEIP will be invited to the initial IEP if the parent requests. [34 C.F.R. 300.321]
A member of the District IEP team described above, and including a person who can interpret the results, is not required to attend the IEP meeting if the parent and the school agree in writing prior to the meeting that attendance is not necessary because the member's area of curriculum or related services is not being modified or discussed in the meeting. [34 C.F.R. 300.321]
A member of the District IEP team described above, and including a person who can interpret the results, may be excused from attending the IEP meeting in whole or part when the meeting involves a modification to or discussion of the member's area of the curriculum or related services if the parent, in writing and the District consent to the excusal, and the member submits, in writing to the IEP team, input into the development of the IEP prior to the meeting. [34 C.F.R. 300.321]
In the case of a child previously served by AzEIP, an invitation to the initial IEP team meeting will, at the request of the parent, be sent to the AzEIP service coordinator to assist with the smooth transition of services. [34 C.F.R. 300.321]
The District will take steps to ensure parent(s) of a child with a disability are present at each IEP meeting or are afforded the opportunity to participate by:
● Notifying A. Notifying parents of the meeting early enough to ensure that they will have an opportunity to attend; and
● Scheduling B. Scheduling the meeting at a mutually agreed on time and place. [34 C.F.R. 300.322]
The meeting notice will:
● Indicate A. Indicate the purpose, time, and location of the meeting and who will be in attendance; and
● Inform B. Inform the parents of the provisions relating to the participation of other individuals who have knowledge or special or special expertise about the child and of representatives of the AzEIP if the meeting is for an initial IEP of a child a child transitioning from AzEIP. [34 C.F.R. 300.322]
Beginning not later than the first IEP to be in effect when the child turns sixteen (16), the notice will also:
● Indicate A. Indicate that a purpose of the meeting will be the consideration of postsecondary goals and transition services;
● Indicate B. Indicate that the District will invite the student;
● Identify C. Identify any other agency that will be invited to send a representative. [34 C.F.R. 300.322]
If neither parent can attend, the District will use other methods to ensure parent participation, including individual or conference telephone calls. [34 C.F.R. 300.322]
A meeting may be conducted without a parent in attendance if the District is unable to convince the parents that they should attend. In this case, the District will maintain a record of its attempts to arrange a mutually agreed on time and place, such as:
● Detailed A. Detailed records of telephone calls made or attempted and the results of those calls;
● Copies B. Copies of correspondence sent to the parents and any responses received; and
● Detailed C. Detailed records of visits made to the parent's home or place of employment and the results of those visits. [34 C.F.R. 300.322]
The District will take whatever action is necessary to help the parent understand the proceedings at the IEP meeting, including arranging for an interpreter for parents with deafness or whose native language is other than English. [34 C.F.R. 300.322]
The District will give the parent a copy of the child's IEP at no cost to the parent. [34 C.F.R. 300.322]
At the beginning of each school year, the District will have in effect for each child with a disability in its jurisdiction, an IEP as defined in 300.320. [34 C.F.R. 300.323]
The District ensures that:
● A. A meeting to develop an IEP for an eligible child is conducted within thirty (30) days of a determination of eligibility of eligibility for special education and related services.
● As B. As soon as possible following the development of the IEP, the services indicated in the IEP are made available made available to the child. An IEP will be in effect at the beginning of each school year. [34 C.F.R. 300.323]
For a child aged two (2) years nine (9) months to five (5) years previously served by AzEIP, the IEP team will consider the contents of the child's Individualized Family Service Plan (IFSP). An IFSP may serve as the IEP of the child if:
● The A. The District has provided the parents with a detailed explanation of the differences between an IEP and an IFSPan IFSP;
● The B. The parent and the District agree in writing to the use of an IFSP;
● The C. The IFSP contains an educational component that promotes school readiness and includes pre-literacy, language language and numeric skills; and
● The D. The IFSP is developed in accordance with IEP procedures. [34 C.F.R. 300.323]
The District ensures that each child's IEP is accessible to each regular education teacher, special education teacher, related service provider and any other service provider who is responsible for implementing the IEP.
● Each A. Each teacher and related service provider will be informed of his or her specific responsibilities in implementing in implementing the IEP; and
● The B. The specific accommodations, modifications, and supports that will be provided for the child in accordance with accordance with the IEP. [34 C.F.R. 300.323]
For a child with an IEP who transfers into the District from another school system in Arizona, the District, in consultation with the parents, will provide a free appropriate public education (including services comparable to the services described in the existing IEP) until the District:
● Reviews A. Reviews and adopts the child's IEP from the previous Districtdistrict, or
● DevelopsB. Develops, adopts, and implements a new IEP. [34 C.F.R. 300.323]
For a child with an IEP who transfers into the District from another state, the District, in consultation with the parents, will provide a free appropriate public education (including services comparable to the services described in the existing IEP) until the District:
● Conducts A. Conducts an evaluation for eligibility for special education in Arizona, or determines that such an evaluation is unnecessaryis unnecessary; and
● DevelopsB. Develops, adopts, and implements a new IEP, if appropriate. [34 C.F.R. 300.323]
To facilitate the transition of a child enrolling from another school system, either from within or from outside of Arizona, the District will take reasonable steps to promptly obtain the child's education records, including all records pertaining to special education, from the previous school system in which the child was enrolled. [34 C.F.R. 300.323]
When a records request is received from another Districtdistrict, from either within or outside of Arizona, the District will promptly respond to the request. [34 C.F.R. 300.323]
In developing each child's IEP, the IEP team will consider:
● The A. The strengths of the child and the concerns of the parents for enhancing the education of their child;
● The B. The results of the initial or most recent evaluation of the child; and
● The C. The academic, developmental, and functional needs of the child. [34 C.F.R. 300.324]
In consideration of special factors, the IEP team will:
● In A. In the case of a child whose behavior impedes his or her learning or that of others, consider the use of positive behavioral positive behavioral interventions and supports, and other strategies to address that behavior;
● In B. In the case of a child with limited English proficiency, consider the language needs of the child as those needs relate needs relate to the child's IEP;
● In C. In the case of a child who is blind or visually impaired, provide for instruction in Braille and the use of Braille unless Braille unless the IEP team determines, after an evaluation of the child's reading and writing skills, needs, and appropriate and appropriate reading and writing media (including an evaluation of the child's future needs for instruction in Braille in Braille or the use of Braille) that instruction in Braille or the use of Braille is not appropriate for the child;
● Consider D. Consider the communication needs of the child, and in the case of a child who is deaf or hard of hearing, consider consider the child's language and communication needs, opportunities for direct communication with peers and peers and professional personnel in the child's language and communication mode, academic level and full range of range of needs, including opportunities for direct instruction in the child's language and communication mode;
● Consider E. Consider whether the child requires assistive technology devices and services. [34 C.F.R. 300.324]
The regular education teacher of a child with a disability, as a member of the IEP team, will, to the extent appropriate, participate in the development, review, and revision of the child's IEP, including the determination of:
● Appropriate A. Appropriate positive behavioral interventions and strategies for the child; and
● Supplementary B. Supplementary aids and services, program modifications, and/or supports for school personnel that will be provided be provided for the child, consistent with §300.320(a)(4). [34 C.F.R. 300.324]
In making changes to the IEP after the annual IEP meeting, the parent and the District may agree to amend the IEP without a meeting for the purpose of making those changes and, instead, develop a written document to amend or modify the child's current IEP. The District will:
● Inform A. Inform all members of the child's IEP team of those changes, and
● Upon B. Upon request, provide the parents with the revised copy of the IEP. [34 C.F.R. 300.324]
To the extent possible, the District will encourage the consolidation of evaluation, reevaluation and IEP meetings for a child. [34 C.F.R. 300.324]
The District ensures that the IEP team reviews the child's IEP periodically, but not less than annually, to determine if goals are being achieved, and revise the IEP, when appropriate, to address:
● any A. any lack of expected progress toward the annual goals and in the general education curriculum, if appropriate;
● the B. the results of any reevaluation;
● information C. information about the child provided to, or by the parents;
● the D. the child's anticipated needs, or other matters. [34 C.F.R. 300.324]
If a participating agency other than the District fails to provide the transition services in an IEP, the District will reconvene the IEP team to identify alternative strategies to meet the child's transition outcomes. [34 C.F.R. 300.324]
Before the District places a child with a disability in a private school or facility, the District will initiate and conduct a meeting to develop an IEP for the child and ensure that a representative of the private school or facility attends the meeting in person or by conference call. [34 C.F.R. 300.325]
Subsequent IEP reviews may be initiated and conducted by the private school at the discretion of the District. However, the District ensures that:
● The A. The parents and District representative are involved in any decisions about the child's IEP; and
● Agree B. Agree to any proposed changes in the IEP before those changes are implemented. [34 C.F.R. 300.325]
The District remains responsible to ensure FAPE to a child placed by the District in a private school or facility. [34 C.F.R. 300.325]
The District ensures that the parents of a child with a disability are members of any group that makes decisions on the educational placement of their child. [34 C.F.R. 300.327]
Least Restrictive Environment
The District ensures that special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. [34 C.F.R 300.114]
The District will make available a continuum of alternative placements to meet the needs of children with disabilities for special education and related services. [34 C.F.R 300.115]
The continuum of alternative placements will include:
● Instruction A. Instruction in regular classes, special classes, special schools, home instruction, and instruction in hospital and hospital and institutions;
● Supplementary B. Supplementary services, such as a resource room or itinerant instruction, to be provided in conjunction with regular with regular class placement.
The placement decision for each child will be:
● Made A. Made by a group that includes the parents and other persons knowledgeable about the child, the meaning of the of the evaluation data, and the placement options;
● In B. In conformity with the least restrictive environment (LRE) provisions of the IDEA regulations;
● Determined C. Determined at least annually;
● Based D. Based on the child's IEP; and,
● As E. As close as possible to the child's home. [34 C.F.R 300.115]
Unless the IEP of a child requires some other arrangement, the child will be educated in the school that he or she would attend if not disabled. [34 C.F.R 300.115]
In selecting the LRE, consideration will be given to any potential harmful effect on the child or on the quality of services that she/he needs. [34 C.F.R 300.115]
A child with a disability will not be removed from age-appropriate regular classrooms solely because of needed modifications in the general education curriculum. [34 C.F.R 300.115]
In providing or arranging for the provision of nonacademic and extracurricular services and activities, including meals, recess periods, and other nonacademic activities, the District ensures that each child with a disability participates with nondisabled children in the extracurricular services and activities to the maximum extent appropriate to the needs of that child. [34 C.F.R 300.117]
The District ensures that the supplementary aides and services determined by the IEP team to be appropriate and necessary are provided to allow the child to participate in nonacademic settings. [34 C.F.R 300.115]
The District will establish, maintain, and implement procedural safeguards that meet the requirements of §300.500 through 300.536 of the IDEA Regulations.
Procedural Safeguards
The District ensures that the parents of a child with a disability shall be given an opportunity to inspect and review all education records with respect to the identification, evaluation, educational placement, and the provision of FAPE to the child. [34 C.F.R. 300.501]
The District ensures that the parents of a child with a disability shall:
● be A. be given an opportunity to participate in meetings with respect to the identification, evaluation, educational placement educational placement and the provision of FAPE to the child.
● be B. be provided notice consistent with §300.322 to ensure they have opportunity to participate in meetings.
● be C. be members of any group that makes decisions on the educational placement of their child. [34 C.F.R. 300.501]
If neither parent can participate in a meeting in which a decision is to be made relating to the educational placement of their child, the District must use other methods to ensure their participation, including individual or conference telephone calls, or video conferencing. [34 C.F.R. 300.501]
A placement decision may be made by a group without the involvement of the parent, if the District is unable to obtain the parent's participation and has maintained a record of its attempts to ensure their involvement. [34 C.F.R. 300.501]
The parents of a child with a disability have the right to obtain an independent educational evaluation of their child. The District must provide to parents, upon request for an independent educational evaluation:
● Information A. Information about where an independent educational evaluation may be obtained; and
● The B. The District criteria applicable for independent educational evaluations. District criteria for the independent educational independent educational evaluation must be the same as the criteria the District uses when it conducts an evaluation, to the to the extent consistent with the parent's right to an evaluation. [34 C.F.R. 300.502]
A parent has the right to an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the District. If a parent requests an independent educational evaluation at public expense, the District must, without unnecessary delay, either:
● File A. File for a due process hearing to show that its evaluation is appropriate; or
● Ensure B. Ensure that an independent educational evaluation is provided at public expense, unless the District demonstrates District demonstrates in a hearing that the evaluation obtained by the parent did not meet District criteria. [34 C.F.R. 300.502]
If a due process hearing decision is that the District's evaluation is appropriate, the parent still has the right to an independent educational evaluation, but not at public expense. [34 C.F.R. 300.502]
If a parent requests an independent educational evaluation, the District may ask for the parent's reasons for the objections, but may not require the parent to provide an explanation and may not unreasonably delay either providing the independent educational evaluation at public expense or filing a request for due process to defend its evaluation. [34 C.F.R. 300.502]
A parent is entitled to only one (1) independent educational evaluation at public expense each time the District conducts an evaluation with which the parent disagrees. [34 C.F.R. 300.502]
The results of any independent educational evaluation which is obtained by or provided to the District:
● must A. must be considered by the District, if it meets District criteria, in any decision with respect to the provision of FAPE of FAPE to the child; and
● may B. may be presented by any party as evidence in a due process hearing. [34 C.F.R. 300.502]
If a hearing officer requests an independent educational evaluation as part of a due process hearing, the cost of the evaluation must be at public expense.
Written notice must be given to the parents of a child with a disability a reasonable time before the District:
● Proposes A. Proposes to initiate or change the identification, evaluation or educational placement of the child or the provision the provision of FAPE to the child; or
● Refuses B. Refuses to initiate or change the identification, evaluation or educational placement of the child or the provision the provision of FAPE to the child. [34 C.F.R. 300.503]
The notice must include:
● A. A description of the action proposed or refused by the District;
● An B. An explanation of why the District proposes or refuses to take the action;
● A C. A description of each evaluation procedure, assessment, record or report the District used as a basis for the proposed the proposed or refused action;
● A D. A statement that the parents of a child with a disability have protection under the procedural safeguards of this part this part and, if this notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural the procedural safeguards can be obtained;
● Sources E. Sources for parents to contact to obtain assistance in understanding the provisions of this part;
● A F. A description of other options that the IEP team considered and the reasons why those options were rejected;
● A G. A description of other factors that are relevant to the District's proposal or refusal. [34 C.F.R. 300.503]
The notice must be written in language understandable to the general public, provided in the native language or other mode of communication used by the parent. [34 C.F.R. 300.503]
If the native language or other mode of communication used by the parent is not a written language, the District ensures:
● the A. the notice is translated orally or by other means to the parent in his or her native language or other mode of communicationof communication;
● That B. That the parent understands the content of the notice;
● That C. That there is written evidence of these requirements. [34 C.F.R. 300.503]
A copy of the procedural safeguards available to the parent of a child with a disability must be given to the parents only one (1) time a school year, except that a copy also must be given to the parents:
● Upon A. Upon initial referral or parent request for evaluation;
● Upon B. Upon receipt of a first complaint to the state or first request for a due process hearing in a school year;
● When C. When a disciplinary change of placement /removal has been initiated;
● Upon D. Upon request by a parent. [34 C.F.R. 300.504]
The procedural safeguards notice must include a full explanation of all the procedural safeguards available under §300.148, §§300.151 through 300.153, §300.300, §§300.502 through 300.503, §§300.505 through 300.515, §300.520, §§300.530 through 536, and §§300.610 through 300.625 relating to:
● Independent A. Independent educational evaluations;
● Prior B. Prior written notice;
● Parental C. Parental consent;
● Access D. Access to education records;
● Opportunity E. Opportunity to present and resolve complaints through the due process hearing and state complaint procedurescomplaint procedures, including;
■ The 1. The time period in which to file a complaint;
■ The 2. The opportunity for the District to resolve the complaint;
■ The 3. The difference between due process hearing and state complaint procedures, jurisdictions, issues that may that may be raised, timelines, and relevant procedures.
● The F. The availability of mediation;
● The G. The child's placement during the due process hearing;
● Procedures H. Procedures for students subject to placement in an interim alternative educational setting;
● I. Requirements for unilateral placements by parents of children in private schools at public expense;
● J. Due process hearings including requirements for disclosure of evaluation results and recommendations;
● Civil K. Civil actions, including timelines;
● Attorney L. Attorney fees. [34 C.F.R. 300.504]
This notice must meet the same requirements for understandable language as for the written prior notice described in §300.503. [34 C.F.R. 300.504]
The parent of a child with a disability may elect to receive required notices by an electronic mail communication if the District makes that option available. [34 C.F.R. 300.505]
The District will establish procedures to allow parties to disputes, including those matters arising prior to a request for a due process hearing, to resolve disputes through mediation. Procedures will ensure that the mediation process:
● Is A. Is voluntary on the part of the parties;
● Is B. Is not used to deny or delay a parent's right to a due process hearing or any other right under the IDEA;
● Is C. Is conducted by a qualified and impartial mediator who is trained in effective mediation techniques. [34 C.F.R. 300.506]
The District may establish procedures to offer to parents and schools that choose not to use mediation an opportunity to meet, at a time and location convenient to the parties, with a disinterested party:
A. Who is under contract with an appropriate alternative dispute resolution entity, or a parent training and information center, or community parent resource center;
B. Who would explain the benefits of, and encourage the mediation process to the parents. [34 C.F.R. 300.506]
A parent or District may file a request for a due process hearing relating to the identification, evaluation or educational placement of a child with a disability. [34 C.F.R. 300.507]
The request for a due process hearing must allege a violation that occurred not more than two (2) years before the date the parent or District knew or should have known about the alleged violation. [34 C.F.R. 300.507]
The District must inform the parent of any free or low cost legal and other relevant services available in the area upon parent request. [34 C.F.R. 300.507]
The District will have procedures that require either party, or the attorney representing a party, to provide to the other party a confidential due process complaint. [34 C.F.R. 300.508]
The party filing the notice for a hearing must forward a copy of the request to the state. [34 C.F.R. 300.508]
The due process hearing complaint must include the following in order for the complaint to be heard:
● The A. The name of the child;
● The B. The residential address of the child;
● The C. The school of attendance;
● A D. A description of the nature of the problem of the child relating to the proposed or refused initiation or change, including including facts relating to the problem; and
● A E. A proposed resolution of the problem to the extent known and available to the party at the time. [34 C.F.R. 300.508]
The due process complaint will be deemed sufficient unless the party receiving the complaint notifies the hearing officer and the other party in writing, within fifteen (15) days of receipt of the complaint, that it believes the complaint does not meet the content requirements. [34 C.F.R. 300.508]
Within five (5) days of receipt of notice, the hearing officer must determine whether the complaint meets the requirements and notify the parties, in writing, of that determination. [34 C.F.R. 300.508]
A party may amend its due process complaint only if:
● The A. The other party consents in writing and is given an opportunity to resolve the complaint through the resolution processresolution process; or
● The B. The hearing officer grants permission, but in no case later than five (5) days before the due process hearing beginshearing begins. [34 C.F.R. 300.508]
If a party files an amended complaint, the relevant timelines begin again. [34 C.F.R. 300.508]
If the District has not sent a prior written notice to the parent regarding the subject matter contained in the due process complaint, it must do so within ten (10) days of receiving the complaint. [34 C.F.R. 300.508]
Within ten (10) days of receiving the complaint, the receiving party will send to the other party a response that specifically addresses the issues raised in the due process complaint. [34 C.F.R. 300.508]
Within fifteen (15) days of receiving the notice of the parent's due process complaint, and prior to the initiation of a due process hearing, the District must convene a meeting with the parent and the relevant members of the IEP team who have specific knowledge of the facts identified in the complaint that:
● Includes A. Includes a representative of the District who has District decision-making authority;
● May B. May not include an attorney of the District unless the parent is accompanied by an attorney. [34 C.F.R. 300.510]
The purpose of the meeting is for the parent of the child to discuss the due process complaint, and the factual basis of the complaint, so the District has the opportunity to resolve the dispute. [34 C.F.R. 300.510]
The resolution meeting need not be held if:
● The A. The parent and District agree in writing to waive the meeting; or
● The B. The parent and District agree to use the mediation process. [34 C.F.R. 300.510]
The parent and the District determine the relevant IEP team members to attend the meeting. [34 C.F.R. 300.510]
If the District has not resolved the complaint to the satisfaction of the parent within thirty (30) days of the receipt of the complaint, the due process hearing may occur. The timeline for issuing a final decision begins at the end of this thirty (30) day period. [34 C.F.R. 300.510]
The failure of the parent to participate in the resolution meeting that has not been mutually agreed to be waived, will delay the timelines for the resolution process and due process hearing until the meeting is held. [34 C.F.R. 300.510]
If the District is unable to obtain the participation of the parent after reasonable efforts have been made and documented, the District may, at the conclusion of the thirty (30) day period, request the hearing officer dismiss the parent's due process complaint. [34 C.F.R. 300.510]
If the District fails to hold the resolution meeting within fifteen (15) days of receiving the complaint or fails to participate in the meeting, the parent may request that the hearing officer begin the hearing timeline. [34 C.F.R. 300.510]
The forty-five (45) day timeline for the due process hearing starts the day after:
● Both A. Both parties agree in writing to waive the resolution meeting; or● After or
B. After either the mediation or resolution meeting starts but before the end of the thirty (30) day resolution periodresolution period, the parties agree in writing that no agreement is possible; or● If or
C. If both parties agree in writing to continue the mediation at the end of the thirty (30) day resolution period, but laterbut later, one (1) party withdraws from the mediation process. [34 C.F.R. 300.510]
If a resolution is reached at the meeting, the parties must execute a legally binding agreement that is:
● Signed A. Signed by both the parent and District representative who has authority to legally bind the District; and
● Enforceable B. Enforceable in any state court of competent jurisdiction or in a district court of the United States. [34 C.F.R. 300.510]
Either party may void the agreement within three (3) business days of the agreement's execution. [34 C.F.R. 300.510]
The child involved in the due process hearing complaint must remain in his or her current educational placement:
● Unless A. Unless a discipline appeal has been filed as provided in §300.533;
● During B. During the pendency of any administrative or judicial proceeding regarding a due process complaint notice requesting notice requesting a due process hearing under §300.507; or
● Unless C. Unless the District and parents of the child agree otherwise. [34 C.F.R. 300.518]
If the complaint involves an application for initial admission to public school, the child, with the consent if of the parents, must be placed in the public school until the completion of all the proceedings. [34 C.F.R. 300.518]
If the complaint involves an application for initial services for a child who has turned three (3) and transitioning from Part C to Part B, the District is not required to provide the Part C services the child had been receiving. If the child is found eligible for special education and related services under Part B, and the parent consents to the initial provision of services under §300.300(b), then the District must provide those services that are not in dispute. [34 C.F.R. 300.518]
If the hearing officer agrees with the child's parents that a change of placement is appropriate, that placement must be treated as an agreement between the state and parent for the purposes of (1)(c) of this section. [34 C.F.R. 300.518]
The District ensures that the rights of a child are protected by assigning an individual to act as a surrogate for the parents when:
● No A. No parent can be identified;
● After B. After reasonable efforts are made, no parent can be located;
● The C. The child is a ward of the state (with no foster parent);
● The D. The child is an unaccompanied homeless youth as defined by the McKinney-Vento Homeless Assistance Act. [34 C.F.R. 300.519]
The District will have a method for determining when a surrogate parent is needed and for making surrogate parent assignments. [34 C.F.R. 300.519]
The District ensures that a person selected as a surrogate parent:
● Is A. Is not an employee of the state, the District, or any other agency that is involved in the education or care of the of the child;
● Has B. Has no personal or professional interest that conflicts with the interest of the child the surrogate parent representsparent represents; and
● Has C. Has knowledge and skills that ensure adequate representation of the child. [34 C.F.R. 300.519]
In the case of an unaccompanied homeless youth, appropriate staff of emergency shelters, transitional shelters, independent living programs, and street outreach programs may be appointed as temporary surrogate parents until a surrogate parent can be appointed that meets all the requirements of this section. [34 C.F.R. 300.519]
When a child with a disability reaches age eighteen (18), unless that child has been determined to be incompetent:
● The A. The District will provide any notice required by the IDEA regulations to both the child and the parents; and
● All B. All rights accorded to parents under Part B of the Act transfer to the child. [34 C.F.R. 300.520]
When the rights are transferred, the District will provide notice to the child and parent of the transfer of rights. [34 C.F.R. 300.520]
EXHIBIT
SPECIAL INSTRUCTIONAL PROGRAMS
PROCEDURAL SAFEGUARDS NOTICE
A sample of the procedural safeguards notice is available from the Arizona Department of Education. It is titled "SPECIAL EDUCATION RIGHTS OF PARENTS AND CHILDREN UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA AMENDED 2004)." If the District chooses to modify these sample procedures it is suggested that a comparison to the citations in the information below be reviewed.
The Federal Regulations at 34 C.F.R. 300.504 on Procedural safeguards notice read as follows:
"Sec. 300.504 Procedural safeguards notice.
(a) General. A copy of the procedural safeguards available to the parents of parents of a
child with a disability a disability must be given to the parents, at a minimum--
(1) Upon initial referral for evaluation;
(2) Upon each notification of an IEP meeting;
(3) Upon reevaluation of the child; and
(4) Upon receipt of a request for due process under Sec. 300.507.
(b) Contents. The procedural safeguards notice must include a full explanation
full explanation of all of the procedural safeguards available safeguards available under Secs. 300 300.403, 300.500-
300.529, and 300.560-300.577, and the State complaint procedures
available and the State complaint procedures available under Secs. 300.660-300.662 relating 662 relating to--
(1) Independent Independent educational evaluation;
(2) Prior Prior written notice;
(3) Parental Parental consent;
(4) Access Access to educational records;
(5) Opportunity Opportunity to present complaints to initiate due process hearingsprocess
hearings;
(6) The The child's placement during pendency of due process proceedings; process
proceedings;
(7) Procedures Procedures for students who are subject to placement in an interim
alternative educational setting; (8) Requirements an
interim alternative educational setting;
(8) Requirements for unilateral placement by parents of children in private
schools at public expensein
private schools at public expense;
(9) Mediation Mediation;
(10) Due process hearings, including requirements for disclosure of
evaluation results and recommendationsfor disclosure
of evaluation results and recommendations;
(11) State-level appeals (if applicable in that State);
(12) Civil actions;
(13) Attorneys' fees; and
(14) The State complaint procedures under Secs. 300.660-300.662,
including a description of
including a description of how to file a complaint and the timelines
under the
timelines under those procedures.
(c) Notice in understandable language. The notice required under paragraph
paragraph (a) of this section must section must meet the requirements of Sec. 300.503(c)."
The following is a summary of sources for procedures that may be found in law, regulation and District policy other than the A.D.E. sample:
● An A. An opportunity for parent of a child with a disability to examine all records § 34 C.F.R. 300.501, Policy JR and Regulation and Regulation JR-R (Student Records).
● Procedures B. Procedures to protect the rights of the child whenever the parents of the child are not known § 34 CFR 300CFR 300.501 and A.R.S. 15-763.01.
● Prior C. Prior written notice to the parents is to be provided upon specific instances § 34 C.F.R. 300.503.
● Procedures D. Procedures designed to ensure the prior written notice is in the native language of the parents, unless it clearly it clearly is not feasible to do so. If the district is unable after making an effort, to provide the notice in the native the native language of the parent, then the A.D.E. should be contacted for assistance. See See § 34 C.F.R. 300.503.
● Procedures E. Procedures for mediation shall be provided. Contact the A.D.E. for a list of mediators. See § 34 C.F.R. 300 300.507 507 et seq. and and A.A.C. R7-2-401.
● An F. An explanation of the State complaint procedure shall be provided § 34 C.F.R. 300.660 660 et seq. and and A.A.C. R7-2-405.
● Due G. Due process procedures are to be included § 34 C.F.R. 300.507 and A.A.C. R7-2-405.
● Procedures H. Procedures that require the parent of a child with a disability, or the attorney representing the child, to provide notice provide notice within certain guidelines (it shall remain confidential) § 34 C.F.R. 300.507.
● I. Discipline procedures should be explained § 34 C.F.R. 300.507, and Policy JKD (Student Suspension).
(Section 504 of the Rehabilitation Act of 1973)
It is the responsibility of the District to identify and evaluate students who, within the intent of Section 504 of the Rehabilitation Act of 1973, need special services or programs in order that such students may receive the required free appropriate education.
For this policy, a student who may need special services or programs within the intent of Section 504 is one who:
● Has A. Has a physical or mental impairment that substantially limits one (1) or more major life activities, including learningincluding learning; or
● Has B. Has a record of such impairment; or
● Is C. Is regarded as having such impairment.
Students may be eligible for services under the provisions of Section 504 even though they do not require services pursuant to the Individuals with Disabilities in Education Act (IDEA). Students who are identified as individuals with exceptional needs, according to IDEA criteria, are not addressed under this policy. The needs of such students are provided for under Policy IHB and its regulations and under state and federal laws and regulations.
Adopted:
date of 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:
● Any A. Any student who needs or is believed to need special education or related services not available through existing through existing programs in order to receive a free appropriate public education may be referred by a parent, teacher teacher, or other certificated school employee for identification and evaluation of the student's individual education individual education needs.
● The B. The identification and evaluation will be completed by persons knowledgeable about the student, the student's school s school history, the student's individual needs, the meaning of evaluation data, and the placement options. The The Superintendent will monitor the identification and evaluation to ensure that qualified personnel participate.
● The C. The District will consider the referral and, based upon a review of the student's existing records, including academicincluding academic, social, and behavioral records, make a decision as to whether an evaluation under this procedure is procedure is appropriate. If a request for evaluation is denied, the District will inform the parents or guardian of this decision this decision and of their procedural rights.
Evaluation. Evaluation of the student and formulation of a plan of services will be carried out by the District according to the following procedures:
● The A. The District will evaluate the nature of the student's disability and the impact of the disability upon the student's educations education. This evaluation will include consideration of any behaviors that interfere with regular participation of participation of a student who otherwise meets the criteria (such as age) for participation in the educational program and/or activitiesor activities.
● No B. No final determination of whether the student will or will not be identified as a student with a disability within the within the meaning of Section 504 will be made by the District without first inviting the parent or guardian of the student the student to participate in a meeting concerning such determination.
● A C. A final decision will be made by the District in writing, and the parents or guardian of the student shall be notified be notified of the Section 504 procedural safeguards available to them, including the right to an impartial hearing and impartial hearing and review.
Plan for services:
● For A. For a student who has been identified as having a disability within the meaning of Section 504 and in need of special of special education or related aids and services, the District shall be responsible for determining what special services special services are needed.
● In B. In making such determination, the District shall consider all available relevant information, drawing upon a variety a variety of sources, including, but not limited to, comprehensive assessments conducted by the District's professional s professional staff.
● The C. The parents or guardian shall be invited to participate in District meetings where services for the student will be will be determined, and shall be given an opportunity to examine all relevant records.
● The D. The District will develop a written plan describing the disability and the special education or related services neededservices needed. The plan will specify how the regular or special education and related aids and services will be providedbe provided, and by whom.
● The E. The District may also determine that no special education or related services are appropriate. If so, the record of record of the District proceedings will reflect the identification of the student as a person with a disability and will state the state the basis for the decision that no special services are presently needed.
● A F. A student with a disability shall be placed in the regular educational environment of the District, with the use of use of the supplementary aids and services, unless the District demonstrates that such placement cannot be achieved be achieved satisfactorily. The student with a disability shall be educated with those who are not disabled to the maximum to the maximum extent appropriate to the individual needs of the student.
● The G. The District shall notify the parents or guardian in writing of its final decision concerning the services to be providedbe provided.
● If H. If a plan for providing related services is developed, all school personnel who work with the student shall be informed be informed of the plan.
Review of the student's progress. The District will monitor the progress of the student with a disability and the effectiveness of the student's education plan annually to determine whether special education or related services are appropriate and necessary, and that the student's needs are being met as adequately as the needs of a nondisabled student.
Prior to any subsequent significant change in placement, a comprehensive reevaluation of the student's needs will be conducted.
Procedural safeguards:
● The A. The parents or guardian shall be notified in writing of all District decisions concerning the identification, evaluation evaluation, or educational placement of students made under this policy.
● The B. The parents or guardian shall be notified that they may examine relevant records.
● As C. As to such decisions by the District, the parents or guardian shall have the right to an impartial hearing hearing ("Section 504 due process hearing"), with opportunity for participation by the parents or guardian and their and their counsel. In the notification of any District decision concerning identification, evaluation, or placement, the parents or guardian will be advised that:
■ A 1. A request for a Section 504 due process hearing should be made within thirty-five (35) days of notice of right of right to file (but not less than thirty [30] days).
■ The 2. The request shall be made to:
Name:
Dawn Ratke, Director, Special Education
____________________________________
____________________________________
Address: ____________________________________
____________________________________
Phone: ____________________________________
3. The hearing will be held in accord with Regulation IHBA-RB. The decision may be appealed only to a federal a federal court of competent jurisdiction.
■ Attorneys4. Attorneys' fees are available only as authorized by law.
If a state due process hearing has been or will be held under the IDEA concerning issues relevant to the Section 504 proceeding, a hearing officer qualified as to IDEA and Section 504 proceedings may preside in a joint hearing. The issues for either IDEA or Section 504 determination shall be clearly defined at the outset, and determinations by the hearing officer will be separate and distinct.
If both the parents or guardian and the District agree that the student is not eligible for special education under the IDEA, neither party is required to exhaust administrative proceedings under the IDEA prior to the holding of a Section 504 due process hearing.
The hearing officer shall render a decision. The parents or guardian shall be notified in writing of the decision. Either party may seek review of the decision of the Section 504 hearing officer by a federal court of competent jurisdiction.
The parties shall abide by the decision of the Section 504 hearing officer unless the decision is appealed to a federal court of competent jurisdiction and the decision is stayed by the court.
REGULATION
SPECIAL INSTRUCTIONAL PROGRAMS
AND ACCOMMODATIONS FOR
DISABLED STUDENTS
(Section 504 of the Rehabilitation Act of 1973)
Section 504 Due Process
Hearing Procedures
An impartial due process hearing will be utilized to resolve differences involving the education identification, evaluation, or educational placement of a Section 504 qualified student with a disability when such differences cannot be resolved by means of a less formal procedure. In this instance, due processis is defined as an opportunity to present objections and reasons for the objections to the decision and/or procedures of the committee regarding application of Section 504. A Section 504 due process hearing may be called at the request of the District or a parent, guardian, or surrogate of an affected student. The proceedings will be presided over and decided by an impartial hearing officer. Impartial hearing officer means means a person selected to preside at a due process hearing to assure that proper procedures are followed and to assure the protection of the rights of both parties.
In all related hearing matters the following definitions shall apply:
● A. Days means means calendar days.
● B. Placement planmeans means the program by which the decision concerning the educational placement of the student the student is decided.
● C. Parentsmeans means parents, guardian, or surrogate parent.
Parents or the District may initiate a due process hearing on a matter related to 1) eligibility and related procedures, 2) procedural safeguards, or 3) provision of a free and appropriate public education to the studentthe identification, evaluation, or educational placement of a Section 504 qualified student with a disability.
Requests for a due process hearing must be submitted in writing to the Superintendent. Hearing notifications to the parents shall be given at least twenty (20) days prior to the date set for the hearing. The notice shall contain:
● A. A statement of time, place, and nature of the hearing.
● A B. A statement of the legal authority and jurisdiction under which the hearing is being held.
● A C. A reference to the particular section of the statutes and rules involved.
● A D. A statement of the availability of relevant records for examination.
● A E. A short and plain statement of the matters asserted.
● A F. A statement of the right to be represented by counsel.
All written correspondence shall be provided in English and/or interpreted in the primary language.
Hearing Procedures
The hearing officer shall preside at the hearing and shall conduct the proceedings in an impartial manner to the end that all parties involved have an opportunity to:
● Present A. Present their evidence.
● Produce B. Produce outside expert testimony and be represented by legal counsel and by individuals with knowledge or training or training with respect to problems of students with disabilities.
Parents involved in the hearing will be given the right to:
● Have A. Have the student present at the hearing.
● Open B. Open the hearing to the public.
In cases where there are language differences, an interpreter shall be provided.
The hearing officer shall review all relevant facts concerning the education placement.
● The hearing officer shall determine, subject to appeal by judicial review, whether the District has met all procedural aspects of the education accommodation plan.
● Theidentification, evaluation, or educational placement of the Section 504 student.
A. The hearing officer shall render a decision, subject to judicial review, that is binding on all parties, except that in that in all cases any action taken must comply with current Arizona Revised Statutes and federal court decisions.
● The hearing officer shall ascertain that:
■ The procedures utilized in determining the student's needs have been appropriate in nature and degree.
■ The student's rights have been fully observed.
■ The provision of aids, services, or programs to the student may afford a free and appropriate education.
● If the B. If the parents' primary language is other than English, then the hearing officer shall appoint an interpreter.
Decision of the Hearing Officer
A copy of the hearing officer's decision shall be delivered to the District and the parent, guardian, or surrogate within ten (10) days following completion of the hearing, which in no event shall be later than forty-five (45) days after receipt of the request for a hearing.
●Notification will include a statement that either party may appeal the decision.
The decision of the hearing officer is binding on all parties concerned; it is subject only to judicial review.
Record of Hearing
A written or electronic verbatim recording of the Section 504 due process hearing shall be on file at the District office and will be available for review upon request to the parents and/or any of the involved parties. Parents may have a copy of the proceedings, in English and in the primary language of the home.
LEGAL REF.:
A.A.C.
R7-2-405
EXHIBIT
SPECIAL INSTRUCTIONAL PROGRAMS
AND ACCOMMODATIONS FOR
DISABLED STUDENTS
(Section 504 of the Rehabilitation Act of 1973)
POLICY MEMORANDUM
TO: Staff
FROM:
RE: Responsibilities of the District to Students with Disabilities under
under Section 504 of the Rehabilitation the Rehabilitation Act of 1973.
This memorandum is to clarify certain responsibilities of the District under Section 504 of the Rehabilitation Act of 1973.
Section 504 prohibits discrimination against persons with disabilities, including both students and staff members, by school districts receiving federal financial assistance. Included in the U.S. Department of Education regulations for Section 504 is the requirement that students with disabilities be provided with free appropriate public education (FAPE). The regulations pertaining to FAPE are published at 34 Code of Federal Regulations, Part 104, Subpart D.) These regulations require identification, evaluation, the provision of appropriate services, and procedural safeguards.
With respect to most students with disabilities, many aspects of the Section 504 regulations concerning FAPE parallel the requirements of the Individuals with Disabilities Education Act (IDEA) (formerly the Education of the Handicapped Act) and Arizona law. In those areas, by fulfilling our responsibilities under the IDEA and state law we are also meeting the standards of the Section 504 regulations.
However, in some other respects the requirements of the laws are different. There are some students who are not eligible for IDEA services but who nevertheless are eligible under Section 504, and to whom the District may therefore have responsibilities.
The IDEA defines as eligible only students who have certain specified types of impairments and who, because of one (1) of those conditions, need special education. Section 504, on the other hand, protects all students with disabilities, defined as those having any physical or mental impairment that substantially limits one (1) or more major life activities (including learning). Section 504 covers all students who meet this definition, even if they do not fall within the IDEA-enumerated categories and even if they do not need to be in a special education program.
An example of a student who is protected by Section 504 but who may not be covered by the IDEA is one who has juvenile arthritis but who has no mental impairments. Such a student has a health impairment but may not be covered by the IDEA if the student does not need placement in a special education program. However, the student is disabled for purposes of Section 504. A similar example might be a student with acquired immune deficiency syndrome (AIDS). Students with attention deficit/hyperactivity (ADD/H) or emotional disorders are another example. Such students may not meet the criteria for IDEA categories such as learning disabled or severely emotionally disturbed. However, if their disorders or conditions substantially limit their ability to function at school, they are disabled within the meaning of Section 504.
If the District has reason to believe that, because of a disability as defined under Section 504, a student needs either special education and related services or related services in the regular setting in order to participate in the school program, the District must evaluate the student; if the student is determined to be disabled under Section 504, the District must develop and implement a plan for the delivery of any needed services. Again, these steps must be taken even though the student is not covered by IDEA special education provisions and procedures.
What is required for the Section 504 evaluation and placement process is determined by the type of disability believed to be present, and the type of services the student may need. The evaluation must be sufficient to accurately and completely assess the nature and extent of the disability, and the recommended services. Evaluations more limited than a full special education evaluation may be adequate in some circumstances. For example, in the case of the student with juvenile arthritis, the evaluation might consist of the school nurse meeting with the parent and reviewing the student's current medical records. In the cases of ADD/H students, current psychoeducational evaluations may be used if such evaluations assessed the ADD/H issue. In other cases, additional testing may be necessary.
The determination of what services are needed must be made by a group of persons knowledgeable about the student. The group should review the nature of the disability, how it affects the student's education, whether special services are needed, and if so what those services are. The decisions about Section 504 eligibility and services must be documented in the student's file and reviewed periodically.
For the juvenile arthritic student, Section 504 services might be the provision of a typing course and use of a typewriter/word processor to improve writing speed or to provide a less painful means of writing. For the AIDS student, Section 504 services might be the administration and monitoring of medication, or a class schedule modified to address the student's stamina. For an ADD/H student, services might include modifications in the regular classroom, special assistance from an aide, a behavior plan, counseling, and/or the monitoring of medication.
It should also be noted that, under Section 504, the parents or guardian must be provided with notice of actions affecting the identification, evaluation, or placement of the student and are entitled to an impartial hearing if they disagree with District decisions in these areas. For disabilities covered only by Section 504 and not the IDEA, a Section 504 hearing will have to be made available that is separate from the IDEA hearing process. The District is exploring different frameworks for the adoption of procedures for conducting Section 504 hearings in the District, should the need arise.
In summary, it is important to keep in mind that some students who have physical or mental conditions that limit their ability to participate in the education program are entitled to rights under Section 504 even though they may not fall into IDEA categories and may not be covered by that law.
The Board requires that 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: January 24, 2013 <-- 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
REGULATION
PROGRAMS FOR PREGNANT /
PARENTING STUDENTS
The District affirms the right of a pregnant student to continue her participation in the public school program.
As soon as the pregnancy is medically confirmed, the student
shallmay consult with a member of the counseling staff or the principal for the purpose of planning her educational program.
The student may be eligible for the following educational plans or may suggest alternatives:
● SheA. She may remain in her present school program, with modifications as necessary, until the birth of her baby
is imminentis imminent or until her physician states that continued participation would be detrimental to her health.
● IfB. If eligible for homebound or chronic illness status, in accord with A.R.S. 15-901, she may temporarily withdraw from school at the direction of her physician and may receive homebound instruction from the
date of herdate of her withdrawal until her physician states that she is physically able to return to school.
Efforts will be made to see that the educational program of the student is disrupted as little as possible; that she receives information on available health and counseling services, as well as instruction; and that she is encouraged to return to school after delivery.
(Title I)
The Superintendent shall pursue funding under Title I, Improving the Academic Achievement of the Disadvantaged, of the Elementary and Secondary Education Act, to supplement instructional services and activities in order to improve the educational opportunities of educationally disadvantaged or deprived children.
All schools, regardless of whether they receive Title I funds, shall provide services that, taken as a whole, are substantially comparable. Teachers, administrators, and other staff shall be assigned to schools in a manner that ensures equivalency among the District's 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;
● How B. How parents/guardians, the entire school staff, and students share the responsibility for improved student academic student academic achievement;
● The C. The means by which the school and parents/guardians build and develop a partnership to help children achieve children achieve the state's high standards; and
● Other D. Other provisions as required by federal law.
Each school principal shall ensure that the Compact is distributed to parents/guardians of students receiving services, or enrolled in programs, under Title I.
Adopted: March 8, 2012 <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-341
20 U.S.C. 6301 et seq., No Child Left BehindEvery Student Succeeds Act of 2015
REGULATION
COMPENSATORY EDUCATION
(Title I)
District-Level Parental
Involvement Compact
The District-level compact shall provide an understanding of the joint responsibility of the District and parents/guardians to improve students' academic achievement and school performance.
To that end, the District provides opportunities for parents/guardians involvement at the District level and the District involves parents/guardians in the joint development of the District's plan to help low-achieving children meet challenging achievement and academic standards (20 U.S.C 6312), and the process of school review and improvement (20 U.S.C. 6316) by:
A. Establishing a District-level committee with parents/guardians liaisons from each building as well as representatives from other impacted programs, including Head Start.
B. Establishing meaningful, ongoing two-way communication between the District, staff, and parents/guardians.
C. Developing a medium to communicate to parents/guardians about the plan and seek their input and participation.
D. Training personnel on how to collaborate effectively with families with diverse backgrounds that may impede parents/guardians participation (e.g., illiteracy or language difficulty).
The District provides the coordination, technical assistance, and other support necessary to assist participating schools in planning and implementing effective parents/guardians involvement activities to improve student academic achievement and school performance by:
A. Providing ongoing District-level workshops to assist schools in planning and implementing improvement strategies.
B. Establishing training programs for school liaisons to bring the communication and facilitation skills to the schools they represent.
C. Providing information to parents/guardians about the various assessment tools and instruments that will be developed to monitor progress.
D. Seeking input from parents/guardians in developing workshops.
The District builds the capacity of schools and parents/guardians for strong parental involvement by:
A. Providing ongoing communication about the District-wide committee through District newsletters or other written or electronically communicated means.
B. Engaging the school parent organizations to actively seek out and involve parents/guardians through regular communication updates and information sessions.
C. Utilizing parent organizations to assist in identifying effective communication strategies based on their members' needs.
The District coordinates and integrates parents/guardians involvement strategies under this compact with parents/guardians involvement strategies under other programs, (such as the Head Start program, Reading First program, Early Reading First program, Even Start program, Parents as Teachers program, Home Instruction Program for Preschool Youngsters, and State-run preschool programs) by:
A. Involving District and building representatives from other programs to assist in identifying specific population needs.
B. Sharing data from other programs to assist in developing new initiatives to improve academic achievement and school improvement.
The District conducts, with the involvement of parents/guardians, an annual evaluation of the content and effectiveness of the parents/guardians involvement policy in improving the academic quality of the schools served under Title I, including identifying barriers to greater participation by parents/guardians in activities authorized by this section (with particular attention to parents/guardians who are economically disadvantaged, are disabled, have limited English proficiency, have limited literacy, or are of any racial or ethnic minority background), and use the findings of such evaluation to design strategies for more effective parents/guardians involvement, and to revise, if necessary, the parents/guardians involvement policies described in this section by:
A. Evaluating the effectiveness of the content and communication methods through a variety of methods, including: focus groups, surveys, workshops, and informal coffees with District and school administrative staff, parents/guardians, and teachers.
B. Identifying barriers to effective evaluation by language support or other assistance as needed.
C. Identifying potential policy and compact changes to revise and improve program(s).
The District involves parents/guardians in the activities of the schools served under Title I by:
A. Providing communication and calendar information to parents/guardians of upcoming meetings, discussions or events and encouraging their participation.
B. Providing school principal and parent organization coordination of events.
School-Level Parental
Involvement Compact
The school-level parent involvement compact provides an understanding of the joint responsibility of the school and parents/guardians for improving student academic achievement and school performance. The school provides opportunities for parent/guardian involvement by:
● Convening A. Convening an annual meeting, at a convenient time, to which all parents/guardians of participating children are children are invited and encouraged to attend, to inform parents/guardians of their school's participation under Title I and I and to explain the requirements of Title I, and the right of the parents/guardians to be involved. The school principal school principal shall:
■ Invite 1. Invite all parents/guardians of participating children to the annual meeting at school.
■ Explain 2. Explain the rights of parents/guardians to be involved in establishing this compact.
■ Introduce 3. Introduce and involve the school representatives on the District-level committee.
■ Provide 4. Provide an overview of Title I and give parents/guardians an opportunity to express questions and concernsand concerns.
■ Indicate 5. Indicate the mechanisms by which the committee work will be communicated.
■ Seek 6. Seek the involvement and input of parents/guardians.
■ Provide 7. Provide child care so that all parents/guardians who would otherwise be unable to attend may attend.
● Offering B. Offering a flexible number of meetings, such as meetings in the morning or evening, and may provide, with funds with funds provided under this part, transportation, child care, or home visits, as such services relate to parental involvementparental involvement. The school principal shall:
■ Provide 1. Provide parents/guardians with opportunities to ask questions and dialogue informally about student academic student academic achievement and school performance.
■ Engage 2. Engage school-based parent organizations to assist with communication and implementation needs.
■ Develop 3. Develop and use outreach programs to involve community groups and organizations.
● Involving C. Involving parents/guardians in an organized, ongoing, and timely way, in the planning, review, and improvement and improvement of programs under Title I, including the planning, review, and improvement of the school parental school parental involvement policy and the joint development of the school wide program plan (under 20 U.S.C. 1114 1114). The school principal shall:
■ Identify 1. Identify and establish a process by which an adequate representation of parents/guardians of participating of participating children can occur.
■ Establish 2. Establish a schedule for the school-based committee to plan, review, and recommend improvements to improvements to the District parent involvement policy.
● The D. The school principal shall:
■ Provide 1. Provide parents/guardians of participating children timely information about programs.
■ Communicate 2. Communicate updates through use of school newsletters, the District web site, e-mail and telephone contacttelephone contact, and home visits if needed.
The school principal will provide a description and explanation of the curriculum in use at the school, the forms of academic assessment used to measure student progress, and the proficiency levels students are expected to meet.
The school principal shall:
● Provide A. Provide parents/guardians, upon request, opportunities for regular meetings to formulate suggestions and to participateand to participate, as appropriate, in decisions relating to the education of their children, and respond to any suggestions any suggestions as soon as practicably possible.
● Develop B. Develop a feedback loop for parents/guardians to ask questions and receive follow-up.
If the school wide plan is not satisfactory to the parents/guardians of participating children, the school principal shall:
● Submit A. Submit any comments when the school makes the plan available to the Governing Board.
● Provide B. Provide a process for parents/guardians to express concerns and complaints.
Shared Responsibilities for High
Student Academic Achievement
The school is responsible for providing a high-quality curriculum and instruction in a supportive and effective learning environment that enables the children served under Title I to meet the state's student academic achievement standards.
Each parent/guardian is responsible for supporting their children's learning, by:
● Monitoring A. Monitoring attendance, homework, and television viewing.
● Volunteering B. Volunteering in their child's classroom and participating, as appropriate, in decisions relating to their children's education s education and extracurricular activities.
Communication between teachers and parents/guardians occurs on an ongoing basis through:
● ParentA. Parent-teacher conferences in elementary schools, at least annually, during which the compact shall be discussed be discussed as the compact relates to the individual child's achievements.
● Frequent B. Frequent reports to parents/guardians on their children's progress.
● Reasonable C. Reasonable access to staff, opportunities to volunteer and participate in their child's class, and observation of classroom of classroom activities.
Building Capacity
for
Involvement
To ensure effective involvement of parents/guardians and to support a partnership among the school's schools involved, each school shall:
● Provide A. Provide assistance to parents/guardians of children served in understanding the state's academic content standards content standards and state student academic achievement standards, state and local assessments, monitoring a childa child's progress, and work with educators to improve the achievement of their children.
● Provide B. Provide materials and training (such as literacy, technology, et cetera) to help parents/guardians work with their with their children.
● Educate C. Educate teachers and other staff in the value and utility of contributions of parents/guardians and how to effectively to effectively communicate with and work with parents/guardians as equal partners.
● Implement D. Implement and coordinate parent/guardian programs that will build ties between them.
● Coordinate E. Coordinate and integrate parent involvement programs and activities with Head Start, Reading First, Early Reading Early Reading First, Even Start, the Home Instruction Programs for Preschool Youngsters, the Parents as Teachers as Teachers Program and public preschool and other programs and conduct other activities, such as parent/guardian resource guardian resource centers that encourage and support parents/guardians in more fully participating in the education the education of their children.
● Ensure F. Ensure that information is sent to the parents/guardians of participating children in a format and language that parentsthat parents/guardians can understand.
● Involve G. Involve parents/guardians in the development of training for teachers, school principals, and other educators to educators to improve the effectiveness of such training.
● Provide H. Provide necessary literacy training from funds received under this part if the District has exhausted all other reasonably other reasonably available sources of funding for such training.
● I. Pay reasonable and necessary expenses associated with local parental involvement activities, including transportation including transportation and child care costs to enable parents/guardians to participate in school-related meetings and meetings and training sessions.
● J. Train parents/guardians to enhance the involvement of other parents/
guardians.
● Use K. Use outreach programs to involve community groups and organizations.
● Arrange L. Arrange school meetings at a variety of times, or conduct in-home conferences between teachers and other educatorsother educators, in order to maximize parental involvement and participation.
● Adopt M. Adopt and implement model approaches to improving parental involvement.
● Establish N. Establish a District-wide parent advisory council to provide advice on all matters related to parental involvement parental involvement in supported programs.
● Develop O. Develop appropriate roles for community-based organizations and businesses in parent/guardian involvement activitiesinvolvement activities.
● Provide P. Provide such other reasonable support for parental involvement activities under this section as parentsas parents/guardians may request.
In carrying out the parental involvement requirements of this compact, the school, to the extent practicable, will provide full opportunities for the participation of parents/guardians with limited English proficiency or disabilities, including providing information and school reports in a format and, to the extent practicable, in a language such parents/guardians understand.
EXHIBIT
COMPENSATORY EDUCATION
CHECKLIST FOR DEVELOPMENT, IMPLEMENTATION,
AND MAINTENANCE OF PARENT INVOLVEMENT
COMPACTS FOR TITLE I PROGRAMS
The development, implementation, and maintenance of parent/guardian involvement compacts must be accomplished with meaningful consultation with parents/guardians of children participating in Title I programs. The Superintendent designates a person to be responsible for the process of obtaining meaningful consultation. This checklist includes some measures designed to encourage meaningful consultation.
This is an annual checklist. Check steps as completed.
◻ Plan Plan regular meetings throughout the school year with parents/guardians to discuss the District and/or school compacts; identify dates, convenient times, places, and persons whose attendance is desired. Offer meetings in the morning or evening, and, if funds are available under Title I for this purpose, provide transportation, childcare, or home visits, as such services relate to parent/guardian involvement.
◻ Plan Plan an agenda for meetings to be held to discuss District and/or school compacts.
● Always A. Always begin with "introducing where we are now" and end with "next steps."
● Agendas B. Agendas should provide for two-way communication between District and parents/guardians of children participating children participating in Title I programs.
● Agendas C. Agendas can be built around the federal compliance requirements as stated in the District- and school-level compacts level compacts as developed.
● Agendas D. Agendas should also include a section to inform parents/guardians of their school's participation under Title I and I and to explain Title I's requirements regarding parent involvement, including the right of the parents/guardians to guardians to be involved.
● Agendas E. Agendas should also include a section to describe and explain the curriculum in use at the school, the forms of forms of academic assessment used to measure student progress, and the proficiency levels students are expected to expected to meet.
● If F. If requested by a parent/guardian, agendas should also include a section for parents/guardians to formulate suggestions formulate suggestions and to participate, as appropriate, in decisions relating to the education of their children.
● Agendas G. Agendas should also include a section to involve parents/guardians in the planning, review, and improvement of improvement of Title I programs, including the joint development of the school-wide program plan.
● Another H. Another agenda topic is how funds are allotted for parent/guardian involvement in activities; parents/guardians of guardians of children receiving services must be involved in these decisions.
◻ Notify Notify interested persons of meeting dates to discuss the District and/or school compacts, including:
◻ Parents Parents/guardians of students participating in Title I programs
◻ Staff Staff members
◻ Students Students participating in Title I programs
◻ School School Board members
◻ Media
Media ◻ Coordinators Coordinators for other school programs, (e.g. Head Start and preschool programs)
◻ Officials Officials of private schools
◻ Other Other
◻ Publicize Publicize the meeting dates, times, and locations to discuss District and/or school compacts.
◻ Make Make all Open Meetings Law notifications and postings for meetings to be held to discuss District and/or school compacts. (Notice and record keeping shall be in accord with the open meeting laws)
◻ Appoint Appoint a recording secretary to keep meeting minutes.
◻ Provide Provide copies of working drafts to parents/guardians in an understandable and uniform format and, to the extent practicable, in a language the parents/guardians can understand.
◻ Determine Determine "success" indicators to measure the effectiveness of the parental involvement compacts in improving the academic quality of the schools.
◻ Review Review the "success" indicators in order to evaluate the effectiveness of the parental involvement compacts in improving the academic quality of the schools.
◻ Identify Identify barriers to greater participation by parents/guardians, with particular attention to parents/guardians who are economically disadvantaged, are disabled, have limited English proficiency, have limited literacy, or are of any racial or ethnic minority background. Use the findings of such evaluation to design strategies for more effective parent/guardian involvement.
◻ If If the school-wide program plan is not satisfactory to the parents/ guardians of participating children, submit any parents/guardians comments on the plan when the school makes the plan available to the Governing Board.
◻ Provide Provide status reports to the Governing Board and, periodically, request the Board's approval of the parental involvement compacts as they evolve.
◻ Revise Revise the applicable parental involvement compacts as necessary.
EXHIBIT
COMPENSATORY EDUCATION
NOTICE TO PARENTS
Improving Basic Programs Operated
by Local Educational Agencies
At the beginning of each school year, a school or district that receives funds under this part shall notify the parents of each student attending any school receiving funds under this part that the parents may request, and the district will provide the parents on request, information regarding the professional qualifications of the student's classroom teachers, including, at a minimum, the following: [20 U.S.C 6311(h)(6)(A)]
● Whether A. Whether the teacher has met the State qualifications and licensing criteria for the grade levels and subject areas subject areas in which the teacher provides instruction.
● Whether B. Whether the teacher is teaching under emergency or other provisional status.
● The C. The teacher's baccalaureate degree major and any other graduate certifications or degrees.
● Whether D. Whether paraprofessionals provide services to the student and, if so, their qualifications.
A school must provide to parents information on the level of achievement of the parent's child in each of the state academic assessments. [20 U.S.C 6311(h)(6)(B)(i)]
A school must provide parents timely notice that the parent's child has been assigned, or has been taught for four (4) or more consecutive weeks by, a teacher who is not highly qualified. [20 U.S.C 6311(h)(6)(B)(ii)]
Academic Assessment and Local Education
Agency and School Improvement
A school or district shall promptly provide to parents of each student enrolled in an elementary school or a secondary school identified for school improvement, corrective action or restructuring: [20 U.S.C 6316(b)(6)]
● An A. An explanation of what the identification means, and how the school compares in terms of academic achievement academic achievement to other district schools and the state educational agency;
● The B. The reasons for the identification;
● An C. An explanation of what the school identified for school improvement is doing to address the problem;
● An D. An explanation of what the district or State educational agency is doing to help the school address the achievement the achievement problem;
● An E. An explanation of how the parents can become involved in addressing the academic issues that caused the school the school to be identified for school improvement; and
● An F. An explanation of the parents' option to transfer their child to another public school (with transportation provided transportation provided by the agency when required) or to obtain supplemental educational services for the child.
Whenever the school fails to make adequate yearly progress and/or is restructured, the district shall provide the teachers and parents with an adequate opportunity to comment and participate in developing a plan. [20 U.S.C 6316(b)(8)(c)]
The district shall provide annual notice to parents of each student enrolled in an elementary school or a secondary school identified for school improvement under 20 U.S.C. 6316(b)(1)(E)(i), for corrective action under 20 U.S.C. 6316(b)(7)(C)(i), or for restructuring under 20 U.S.C. 6316(b)(8)(A)(i).: [20 U.S.C. 6316(e)(2)(A)]
● The A. The availability of supplemental education services;
● The B. The identity of approved providers that are within the district or whose services are reasonably available in neighboring in neighboring districts; and
● A C. A brief description of those services, qualifications, and demonstrated effectiveness of each such provider.
Parental Involvement
Parents shall be notified of the parental involvement policy in an understandable and uniform format and, to the extent practicable, provided in a language the parents can understand. Such policy shall be made available to the local community and updated periodically to meet the changing needs of parents and the school. [20 U.S.C 6318(b)]
Each school shall: [20 U.S.C 6318(c)]
● Convene A. Convene an annual meeting, at a convenient time, to which all parents of participating children shall be invited and invited and encouraged to attend, to inform parents of their school's participation, and to explain the requirements of this of this part, and the right of the parents to be involved;
● Offer B. Offer a flexible number of meetings;
● Involve C. Involve parents, in an organized, ongoing, and timely way, in the planning, review, and improvement of programs of programs including the planning, review, and improvements of the school parental involvement policy and policy and the joint development of the school-wide program plan under 20 U.S.C. 6314(b)(2);
● Provide D. Provide parents of participating children:
■ Timely 1. Timely information about programs under this part;
■ A 2. A description and explanation of the curriculum in use at the school, the forms of academic assessment used assessment used to measure student progress, and the proficiency levels students are expected to meet; and
■ If 3. If requested by parents, opportunities for regular meetings to formulate suggestions and to participate, as as appropriate, in decisions relating to the education of their children, and respond to any such suggestions such suggestions as soon as practicably possible.
Voluntary Public School
Choice Program
The school or district shall provide to parents of students in the area to be served by the Voluntary Public School Choice program with prompt notice of: [20 U.S.C. 7225d(a)(2)]
● The A. The existence of the program;
● The B. The program's availability; and
● A C. A clear explanation of how the program will operate.
Individual schools in which twenty (20) or more students of a given grade level receive parental exception waivers in accord with A.R.S. 15-753 shall offer classes teaching English and other subjects through bilingual education techniques or other generally recognized educational methodologies permitted by law. Where these programs are not available students receiving parental exception waivers shall be permitted to transfer to a public school in which such a class is offered.
Prerequisites for Waiver Requests
With prior written informed consent, provided on an annual basis, a student's parents or legal guardian may request a waiver from the application of A.R.S. 15-752 - being placed in an English language classroom. In order to apply for a waiver the parents or guardian must:
● Visit the school to apply for the waiver, and while at the school,
■ Be 1. Be provided a full description of the educational materials to be used in the different educational program educational program choices, and
■ Be 2. Be provided all the educational opportunities available to the child.
Parental Exception Waiver
A parental exception waiver may be applied for if the above prerequisites have been met and at least one (1) of the following applies:
● The A. The student already possesses good English language skills, as measured by:
■ Oral evaluation or standardized tests of English vocabulary comprehension, reading, and writing, in which in which the student scores:
⇒ Approximately a. Approximately at or above the state average for the student's grade level, or
⇒ At b. At or above the fifth (5th) grade average, whichever is lower.
● The B. The student is age ten (10) or older, and:
■ It is the informed belief of the school principal and educational staff that an alternate course of educational of educational study would be better suited to the student's overall educational progress and rapid and rapid acquisition of basic English language skills.
● The C. The student has special individual needs (physical and psychological needs above and beyond the lack of English of English proficiency).
■ Any 1. Any decision to issue a waiver based on special individual need is to be made subject to the examinationthe examination, approval and authorizing signature of the Superintendent within, but not limited tolimited to, the following guidelines:
⇒ The a. The student has already been placed in an English language classroom for not less than thirty (30) calendar calendar days during that school year.
⇒ It b. It is subsequently the informed belief of the school principal and educational staff that the child has such has such special and individual physical or psychological needs, above and beyond the lack of English proficiencyEnglish proficiency, and an alternate course of educational study would be better suited to the student's overall s overall educational development and rapid acquisition of English.
♦ A I. A written description of not less than two hundred fifty (250) words documenting these special these special individual needs for the specific student must be provided and permanently added permanently added to the student's official school record after.♦ The .
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 and local Superintendent of Schools s stated in A.R.S. 15-753.
⇒ Ifschool principal.
c. If the student has been determined to be a student with a disability under the Individuals with Disabilities with Disabilities Education Act then all procedural safeguards including those relative to evaluation and evaluation and the provision of free appropriate public education must be followed.
⇒ If d. If the student has been determined to be a student with a disability under Section 504 of the Rehabilitation the Rehabilitation Act of 1973, evaluation and such accommodations as are necessary to provide a provide a free appropriate public education shall be provided in accord with the act.
■ Teachers 2. Teachers and local school districts may reject waiver requests without explanation or legal consequence. The The existence of such special individual needs shall not compel issuance of a of a waiver.
■ The 3. The parents shall be fully informed of their right to refuse to agree to a waiver for special individual needsindividual needs.
The Superintendent shall develop procedures as necessary for implementation of this policy.
Adopted: March 8, 2012 <-- 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
LIMITED ENGLISH PROFICIENT STUDENTS
REQUIRED NOTICE
Those eligible entities using funds provided under Chapter 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS - Subchapter III - Language Instruction for Limited English Proficient and Immigrant Students shall provide the following notice.
● AsA. As required by 20 U.S.C 7012(a): The school or district must inform a parent of a limited English
proficient childproficient child identified for participation, or participating in, such a program of the reasons for their child
being identifiedbeing identified, their
child�schild's level of English proficiency, instructional method, how their child's program will
meet theirmeet their child's needs, how the program will help the child to learn English, exit requirements or expected
rate ofrate of transition, and information regarding parental rights.
● AsB. As required by 20 U.S.C 7012(b): Each school or district using funds provided under this part to
provide a languageprovide a language instruction educational program that has failed to make progress on the annual
measurable achievementmeasurable achievement objectives described in section 3122 for any fiscal year for which part A is in effect,
shall separatelyshall separately inform the parents of a child identified for participation in such a program, or participating
in such programin such program, of such failure not later than thirty (30) days after such failure occurs.
● AsC. As required by 20 U.S.C 7012(e): Each school or district shall implement an effective means of outreach
to parentsto parents of limited English proficient students to inform the parents regarding how they can be involved in
their childrentheir children's education, and be active participants in assisting their children to attain English proficiency,
achieve atachieve at high levels in core academic subjects, and meet challenging state academic achievement standards
and stateand state academic content standards expected of all students. In addition, the outreach shall include holding,
and sendingand sending notice of opportunities for, regular meetings for formulating and responding to
parent recommendationsparent recommendations.
EXHIBIT
BILINGUAL INSTRUCTION / NATIVE
LANGUAGE INSTRUCTION
REQUEST FOR PARENTAL EXCEPTION WAIVER APPLICATION
This form is used by parents to request an alternative to English Language Education, as specified in A.R.S. §15-753. Parents or legal guardians of an English learner must complete this application annually per A.R.S. §15-752.
Student's name __________________________________________________
Last First M.I.
School ______________________ Current grade _____ Birth date _______
Home phone_________ __ Work phone__________ Message phone_________ District Name School Name SAIS ID No.
|
|||||||||||||||||||||||||
● I have personally visited my child's school.
● I have been
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
educationaleducation materials to be used in
thedifferent educational program choices, and a full description of all the educational opportunities available to my child.
● I am applying forI herein request a waiver
to remove my child fromfrom the application of A.R.S. 15-752 - being placed in an English language
or Sheltered English Immersion classroom placement.Reason for waiver request (to be verified by School District): The student has met at least one (1) of the three (3) circumstances for which a parental exception waiver may be applied (A.R.S. §15-753). At least one (1) of the following circumstances must be checked:
◻ Waiver 1 (A.R.S. §115-753B.1) My child already knows English: the child already possesses good English language skills, as measured by oral evaluation or standardized tests of English vocabulary comprehension, reading, and writing, in which the child scores approximately at or above the state average for the child's grade level or at or above the fifth (5th) grade average, whichever is lower; or,
◻ Waiver 2 (A.R.S. §15-753B.2) My child is ten (10) years or older: 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 child's overall educational progress and rapid acquisition of basic English language skills as documented by the analysis of individual student needs; or,
◻ Waiver 3 (A.R.S. §15-753B.3) My child has special individual needs: the child already has been placed for a period of not less than thirty (30) calendar days during this school year in an English language classroom and 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 student's lack of English proficiency, that an alternate course of educational study would be better suited to the student's overall educational development and rapid acquisition of English. A written description of no less than two hundred fifty (250) words documenting these special individual needs for the specific child must be provided and permanently added to the child's official school records and the waiver application must contain the original authorizing signatures of both the school principal and the local Superintendent of Schools.
I understand that I must apply for this waiver on an annual basis. I was fully informed of my right to refuse to agree to this waiver. 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/ Legal Guardian Date
_______________________________________________________________
_______________________________________ ________________________ Signature of School Principal Date
_______________________________________________________________
_______________________________________ ________________________
____________________________________ ________________________
Signature of Superintendent Date
(Required Only for Waiver No. 3)
LEA: The signed and completed form with test results or basis for determination shall be kept on file by the local education agency (LEA).
◻ Application Granted ◻ Application Rejected
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 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
(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
Arizona Online Instruction
Arizona online instruction (AOI) is a learning option for meeting the needs of students in the information age. The District Governing Board may authorize student enrollment in AOI courses for credit to fulfill the academic requirements of the Governing Board and the State Board of Education (SBE). The course(s) must be provided by an online course provider or an online school selected and approved by the SBE as defined by and in accordance with the criteria established in A.R.S. 15-808.
To satisfy District class and course standards, the course offerings and content must:
● meet A. meet District and SBE academic standards for the identified student population,
● provide B. provide at least the minimum course of study and competency requirements for graduation from high school, based based on the current cohort year requirements, and
● prepare C. prepare students for post-secondary success in the world of work, technical school, or college.
To receive credit towards promotion or graduation, a student participating in Arizona online instruction shall:
● satisfactorily A. satisfactorily complete the course requirements, and
● participate B. participate in the testing requirements prescribed by A.R.S. 15-741 et seq.
Students will not, and
C. not be allowed to participate in AOI if the student fails to comply with the testing requirements and
the onlinethe online instruction provider fails to administer the tests to at least ninety-five percent (95%) of the
students participatingstudents participating in the provider school's AOI.
For students to receive core credit for previously taken courses or from an accredited online school that offers only classes through an electronic format, the District will determine which class in the Peoria Unified School District (PUSD) course offerings match the class taken. Once the matching class is identified, the student must demonstrate proficiency on the corresponding PUSD course assessment, according to the guidelines in the PUSD Course Description Guide. A passing grade is determined by the district grading policy for core courses. Honors credits will be awarded based upon descriptors in the District's course description guide. Students who are retaking a course to improve a grade in a core course where credit has already been earned are not required to take the proficiency test. The online course will not replace the previously earned credit. In the case where a student is emancipated or has reached eighteen (18) years or older, or the student's parent or guardian determine that it is not in the best interest of the student to take a course assessment, or should the student fail to pass a course assessment, the previous online credit shall be counted as elective credit(s) toward graduation.
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 reporting reported for funding apportionment purposes as specified by A.R.S. 15-808 and the Uniform System of Financial Records (USFR).
Whenever a student becomes ineligible for continuation in an AOI course or program, for whatever reason, the student shall be enrolled in a District course or courses appropriate to the student's academic qualifications.
The District may make application to the Arizona State Board of Education to become a provider of Arizona Online Instruction.
Adopted: December 17, 2015 <-- 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 , and Acceleration of Students
IKF - Graduation Requirements
JE - Student Attendance
JR - Student Records
REGULATION
ONLINE / CONCURRENT /
CORRESPONDENCE COURSES
Arizona Online Instruction
A student or the student's parents or guardians may apply to the student's school administrator for part-time concurrent or full-time enrollment in an Arizona online instruction (AOI) program.
The student's school administrator shall confer with the student and the student's parents or guardians to:
● explore A. explore the student's interest in and understanding of the AOI program,
● describe B. describe the AOI course or program provider's requirements of the student, and
● explain C. explain the state testing requirements for the student's participation in AOI, as well as the additional testing situations testing situations that might result in the student's loss of eligibility to continue in AOI.
The school's administrator, or a person designated by the administrator, shall monitor the student's performance and progress in the AOI course or program of study. Periodic reports to the student's parents or guardians shall be made at the same time and in the same manner as those for District students of like classification not participating in the AOI.
If a determination is made that the student's academic achievement has declined while the student is participating in AOI, the student's parents or guardians, teacher(s) and instructor(s), and the school's administrator shall confer to evaluate whether the student's continued participation in AOI should be allowed. When a student's decline in academic achievement, or for any other reasons, results in the student becoming ineligible to continue participation in AOI, the student shall be placed in a school class or course commensurate with the student's academic level and AOI program of study, or as nearly equivalent as is practical.
The school's administrator shall cooperate with the AOI provider as necessary to accommodate on-site assistance to special need students participating in AOI courses or programs.
The school's administrator shall ensure that the daily attendance and membership of each student participating in AOI is recorded, maintained, and reported as required by law.
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
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
REGULATION
INDIAN EDUCATION
Tribal(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 students shall have the opportunity to comment on the participation of Indian students pursuant to Policies ABA, AC, AD, BEDBA, and BEDH. Further, the District will schedule at least three (3) meetings each year for the specific purpose of receiving input on issues relating to provisions of the Special Impact Aid Act, in order to better serve the needs of the students affected by this act. The meetings will be held in one (1) of the schools or the central administration building, normally beginning at 7:00 - 7:30 p.m. Minutes will be taken and assessed in order to modify policies and procedures as appropriate, based on input received at these meetings, such that the students are better served.
The District will also assess the extent to which Indian students participate on an equal basis in the District and will, if needed, modify its educational program to allow Indian students to participate on an equal basis.
The District will disseminate evaluations of educational programs assisted with funds provided under the act, including any program plans that the District intends to initiate or eliminate.
The District will annually review Policy IHBJ to ensure that it meets all minimum standards and continues to provide for an adequate level of Indian participation. If needed, the District will amend or modify policies and procedures to conform with appropriate requirements.
The District will respond 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
tribal officials andtribes or parents of Indian children, and disseminate the
responseresponses to the tribe and parents of Indian children prior to the submission of
Indian Policies and Procedures.Any amended policies or procedures shall be provided to the secretary and to the affected tribe(s).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)]
The District may provide funding for students' attendance at public or private alternative programs under conditions set forth in a contract agreed upon by both the District and the alternative education provider. The District may also establish an alternative setting for instruction as approved by the Governing Board. The purpose of these programs will be to provide students with a transition from one educational setting to another in order to promote student success.
Students will be recommended to the Superintendent for placement in an alternative school program. Parents of the student's will be notified of such referrals. Parents will be involved in discussions regarding such placements and in the placement process. The alternative school will be responsible for accurate accounting of a student's daily attendance and will make monthly reports to the District for their attendance accounting records.
Adopted: date of Manual adoption
CROSS REF.:
JK - Student Discipline
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.
The purpose of summer school programs will be to provide an additional program for eligible students. Summer classes are financed through tuition, federal grants, or nonbudgeted funds such as gifts and donations, and tax credit funds. All summer programs must be reviewed and approved in advance by the Superintendent.
Remuneration for teaching during the summer session shall be established by the Board.
Adopted: date of Manual adoption <-- z2AdoptionDate -->
Extended instruction programs may be either school sponsored or not based upon the activity involved. The District may sponsor and supervise activities that fall within the statutory functions of the School District. These will have the approval of the Governing Board.
Some programs that do not have Governing Board approval may extend the instruction offered by the District and thus may be the subject of on campus discussion and organization. Such programs and their promotion may create conflicts of interest and expectations of District involvement and therefore must be circumscribed by policy. They may be termed "external educational experiences."
External Educational Experiences
An external educational experience is defined as an externally sponsored activity for learning that is independent of the governance and supervision of the District. The District takes no responsibility for such experiences. The District establishes the following should students or staff chose to participate in an external educational experience:
● Method of publicity:
■ Announcements may be made, as with the college programs, through written materials made available to students as are other promotional materials.
■ Meeting rooms may be made available without rental charge.
■ Permission for announcements and room scheduling will be handled through the normal school procedures.
■ Formal discussion of the programs will not take place during class time.
■ Information regarding programs must make it clear that the District is not sponsoring the organization.
● Position of District staff members associated with external programs:
■ District staff members will act as individuals and not District employees when working with a program.
■ Staff members are not in any way to use regular school time for a program.
■ Special care must be exercised so that no action by a staff member could be interpreted as undue pressure to take advantage of the "student/teacher" relationship.
● Minimal qualifications for the trip:
■ Bona-fide educational programs" shall be defined as programs which have historical, cultural, geographical, scientific, sociological, or linguistic significance.
■ The external educational experience will not interfere with academic requirements of the student participating, nor be required for student participation in activity programs, or limit academic progress.
Adopted: date of Manual adoption
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.
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
In cooperation with post secondary institutions, District high school students may enroll in both high school and college classes under terms prescribed by the college or university and agreed upon by the District.
Concurrent enrollment students are those taking a college class off-site while still enrolled in high school.
Adopted: date of Manual adoption
REGULATION
CLASS SIZE
Regular(Special Education
Grade Standard Maximum
Kindergarten 20 24
1st 26 28
2nd - 3rd 26 30
4th - 8th 30 35
High school: It is the intention of Peoria Unified School District (PUSD) to keep all core class sizes to a maximum of thirty-five (35), when possible. All class sizes will be reviewed after the ten (10)-day drop semester with the K-12 administrator for that school and the Deputy Superintendent. A letter will be sent home with each student in a core class that exceeds thirty-five (35). This letter will give parents and students a chance to review options for smaller classes with a guidance counselor.
Addition of classes in elementary schools:
● Each grade level, at each school, will be reviewed individually.
● From the start of the school year and until February 1, a new section will be added when the maximum number of students is exceeded, pending room availability. If rooms are not available, then an instructional assistant or assistants will be assigned.
● After February 1, when the maximum number of students is exceeded, and adding a class is not feasible, an instructional assistant will be assigned.
● Throughout the year a combination class may be created, with consecutive grades only.
Reduction in Classes in
Elementary Schools
Enrollment figures will be monitored at the beginning of the school year. Should these figures not support the number of classes at a certain grade level reduction in classes will occur. When classes are consolidated, teachers will be transferred to schools where need exists. Transfers generally will not occur after September 15.
Other variables to be considered when modifying class sizes will include the following constraints:
● Variances/open enrollment;
● Classroom management skills of the teacher;
● Teacher experience;
● Number of special education students at that grade level or in that course;
● Number of years that grade level has exceeded the standard;
● Room availability at the school;
● Physical size of classroom; and
● Utilizing multi-age classrooms.)
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
REGULATION
CONCURRENT ENROLLMENT /
POSTSECONDARY OPTIONS
Concurrent enrollment:
● A student will enroll in a minimum of three (3) high school classes (required).
● Tuition will not usually be paid by the District.
● Credit earned through a community college or university may be applied toward high school graduation requirements if proposed substitutions are pre-approved by the administration.
● Transportation to the college class will not usually be provided by the District.
● Independent enrollment in college classes, other than those approved by the District, will be without endorsement and concurrent credit will not be granted.
Concurrent Enrollment:
1. Concurrent Enrollment: Preapproved credit earned by a high school student enrolled in a college course on a college campus while attending high school at the same time.
2. The student must complete the college concurrent enrollment form and have it signed by a principal or assistant principal. A copy of this form should be given to the Records Specialist.
3. It is the student’s responsibility to request an official college transcript to be mailed directly to the high school when the college course is completed.
4. The Records Specialist will then post credit to the high school transcript, awarding one-half (.5) high school credit for every three (3) college credits (see State Statute – next page). One (1.0) credit is also awarded when the class earns four (4 or more) college credits. One or two credit classes should not be combined to earn high school credit.
College Credit High School Credit
1 or 2 (or combined) Zero
3 One-half (.5)
4 One (1.0)
5 One (1.0)
6 One (1.0)
5. College credit may fulfill a graduation requirement if pre-approved by an administrator. For example, First Year Composition -- ENG 101 (3 college credits) and 102 (3 college credits) in the Maricopa Community College system (six college credits) can fulfill the requirement for English IV (6 college credits = one high school credit).
6. Students may only earn honors credit if the college class is an honors class on the college campus, or if the curriculum is the same or similar to one of our high school honors classes. The student may appeal to the high school principal to earn honors credit towards his/her rank.
Dual enrollment: (A cooperative agreement between community colleges and the District that provides the opportunity for high school students (primarily seniors) to earn high school and community college credits through one (1) high school course.)
● A student will meet the prerequisites for any course designated as a dual enrollment course.
● Some dual enrollment courses require placement tests.
● Tuition will not usually be paid by the District.
Scheduling for instruction will be arranged to minimize interruptions in the basic educational program and to maximize the continuity of educational experiences. The amount of time available for specific subject areas will be the responsibility of the Assistant Superintendents for kindergarten (K) through grade twelve (12) Academic Services in concert with staff. It is the responsibility of the principal and teachers to develop school and individual classroom schedules that meet these guidelines. All schedules will meet minimum standards prescribed by statute and State Board rules. 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 four (4) block classes per semester that provide credit toward graduation_____ classes. Graduating seniors will be enrolled required to enroll in a minimum of three (3) classes but may apply to the administration of their school for a waiver of this number_____ classes.
Adopted: date of Manual adoption <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-341
Supplies
All students in the elementary (K-8) schools will have required instructional resources 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: September 22, 2011 <-- 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:
● Requests A. Requests must be in writing and must specify the materials that the parents or guardians want to review.
● Requests B. Requests shall be submitted to the Office of Curriculum.● At office of the ______________________.
C. At least one (1) copy of such instructional materials shall be available for parent or guardian review.
● Printed D. Printed textbooks, supplementary books, and other printed subject matter may be checked out for removal from removal from District premises for up to forty-eight (48) hours. All other materials, including films, may be reviewed only reviewed only on District premises.
● School E. School personnel involved in handling requests to review materials will notify the parents or guardians as to when to when and where such materials may be picked up or reviewed.
● Materials F. Materials will be available on a first-come, first-served basis.
Objections to Learning Materials
and Activities
A student whose parent or guardian objects to any learning material or activity may be withdrawn from the activity or from the class or program in which the material is used, providing:
● The A. The objection is in writing and is specific in its description of the activity or learning material to which the parent which the parent or guardian objects.
● The B. The objection includes a statement that the parent or guardian understands that the educational information and information and concepts covered in the activity or material may not be covered in any other manner or form and that the parent that the parent or guardian understands that the student may not be able to make up the material or activity in any other in any other way.
● Although C. Although the student may be unable to make up for the missed activity or material, no penalty will accrue to the to the student in grades or credit, with the exception that, if the objection removes a student from a substantial portion substantial portion of a class, promotion and credit decisions will be based on applicable District policies.
● All D. All such objections shall be directed to the principal of the school in which the student is enrolled, who shall forward shall forward a copy of the written objection to the Superintendent, indicating that the student has been removed from removed from the activity or stating the reason for nonremoval.
● Upon E. Upon receiving a principal's recommendation for removal or nonremoval, the Superintendent will review the situation the situation and make a decision regarding the matter and communicate that decision to the parent or guardian and guardian and the principal.
● Within F. Within ten (10) days after receiving notification of such decision from the Superintendent, the parent or guardian or guardian may request an appeal to the Board.
The Board will approve and adopt all new textbooks and supplementary resourcesbooks. 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 resources textbook selection committees. Recommendations from textbook selection committees will be forwarded to the Superintendent.
Textbooks and supplementary resources 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.In recommending resources
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:
● Recommend A. Recommend resources that will support and enrich the curriculum, taking into consideration the varied interestsvaried interests, abilities, learning styles, and maturity levels of students served.
● Recommend B. Recommend resources that will stimulate growth in factual knowledge, critical analysis of differing sides of issuesof issues, literary appreciation, aesthetic values, and recognition of various societal values.
● Place C. Place principle above personal opinion and reason above prejudice in the recommendation of resources of the highest of the highest quality in order to assure a comprehensive collection of resources appropriate for the complete education complete education of all students.
Supplemental resources are any resources not used for primary instruction. Approved sources of classroom resource material are print material, manipulatives, tiered instructional materials, the internet, films, videotapes, software, CD-ROM and other electronic media. The Superintendent is responsible for determining that all supplemental materials meet District standards. District staff may approve materials that are of obvious educational quality by following established procedures. Teachers must follow the procedures established to determine the appropriateness of the classroom resource material and its alignment with District curriculum. Gifts and donations shall meet the same criteria as materials that are purchased. Librarians are expected to comply with the general standards of quality for materials.The Superintendent will establish procedures for the purchase and distribution of all necessary textbooks, supplemental resourcesbooks, and other related instructional materials from the adopted list free of cost to students.
Removal of Textbooks/
Supplementary
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
EXHIBIT
CLASS SIZE
Dear Parent,
Peoria Unified School District is working to maintain class size in core classes. You are receiving this letter because one (1) or more of your child's core classes exceed thirty-five (35). There may be options for your student to move to a smaller class. In order to remedy the situation, this may necessitate a schedule change and may impact your child's future course selection. If you would like a guidance counselor to contact you to discuss options or have your child's schedule changed, please sign and return the bottom portion of this letter.
Sincerely,
(Insert Principal Name) ________________________________
Principal
(Insert School Name) __________________________________
School
Student Name _______________________________________________________
____ Please call me about options with my child's schedule.
Phone Number ____________________________________________________
Counselor Name___________________________________________________
Parent Signature ___________________________________________________
REGULATION
TEXTBOOK / SUPPLEMENTARY
MATERIALS
SELECTION AND ADOPTION
(Criteria for Selection)
Textbook selection committees shall be guided by the following:
● ResourcesA. Resources shall be recommended to support and enrich the school curriculum and to meet the
personal needspersonal needs of the students.
● ResourcesB. Resources that are recommended shall be appropriate for the subject area and for the age,
emotional developmentemotional development, ability level, learning styles, and social development of students for whom the
materials arematerials are selected.
● ResourcesC. Resources that are recommended shall provide a background of information that will motivate students
to examineto examine their own attitudes and behavior, to comprehend their duties, responsibilities, rights, and
privileges asprivileges as participating citizens in our society, and to make intelligent judgments in their daily lives.
● ResourcesD. Resources that are recommended shall provide information on differing sides of issues so that users
may developmay develop the practice of critical analysis.
● ResourcesE. Resources shall be recommended for the atypical student as well as for the average student.
● ResourcesF. Resources shall be recommended for their strengths rather than rejected for their weaknesses, and shall
be judgedbe judged as a whole.
● RecommendationsG. Recommendations shall support and be consistent with general education goals of the District and goals
and objectivesand objectives of specific courses.
The Superintendent shall annually recommend to the Board an expenditure level for the purchase of library books, materials, and electronic media. The Superintendent shall approve the purchase of library books, materials, and electronic media that:
● EnrichA. Enrich and support the curriculum, taking into consideration the varied interests, abilities, and maturity
levels oflevels of the students served.
● StimulateB. Stimulate growth in factual knowledge, literary appreciation, aesthetic values, and ethical standards.
● ProvideC. Provide a background of information that will enable students to make intelligent judgments in their daily lives.
● ProvideD. Provide materials representative of the many religious, ethnic, and cultural groups and their contributions
to ourto our American heritage.
● AssureE. Assure a comprehensive collection appropriate for the users of the library.
● ProvideF. Provide a current, balanced collection of books, basic reference materials, texts, periodicals, and
audiovisual materialsaudiovisual materials that depict in an accurate and unbiased way the cultural diversity and pluralistic nature of
American societyAmerican society.
The Superintendent is authorized to establish a professional library for the use of the District staff.
The Superintendent will establish procedures for the removal of the following categories of books and other material from the library:
● Damaged A. Damaged materials.
● Materials B. Materials that no longer present current information.
● Materials C. Materials that no longer support the goals of the District.
● Materials D. Materials that have not been used frequently enough to justify the use of library space.
Adopted: date of 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. Materials should be selected for their strengths and will be judged as a whole as to whether or not they meet one (1) or more of the following criteria:
● Materials and media will be selected that will enrich and support the curriculum and instill in students a life-long love of reading, taking into consideration the varied interests, abilities and maturity levels of the students.
● Materials and media will be selected that will stimulate growth in factual knowledge, creativity, literary appreciation, aesthetic values and ethical standards without offensive or derogatory references to individuals or groups.
● Materials and media will be selected that will provide a background of information which enables students to make intelligent judgments in their daily lives.
● Materials and media will be selected that will present a reasonable balance of opposing sides of controversial issues so that young citizens may develop, under guidance, the practice of critical reading and thinking.
● Materials and media will be selected that will reflect ethnic, religious, cultural, and gender contributions to our society.
● Materials and media will be selected that provide a balanced collection offering factual information on issues facing modern society.
● Materials and media will be selected that:
A. Materials and media that widen the boundaries of the students' thinking, that enrich their lives and help
them fulfillthem fulfill their recreational and emotional needs.
● MaterialsB. Materials and media
will be selectedthat have imaginative appeal and a style that is interesting and free from monotony.
● MaterialsC. Materials and media
will be selectedthat stimulate the imagination, provide for mental growth, develop a taste for
good writinggood writing, and draw attention to the beautiful and artistic.
● BooksD. Books and media
will be selectedthat provide pleasurable reading for the reader's sake.
● BooksE. Books and media
will be selectedthat are illustrated in a manner that complements the text, have quality art, and are
suitable forsuitable for the intended readers.
● MaterialsF. Materials and media
will be selectedthat adequately cover a wide range of reading ability.
Gifts and donations of materials and media will meet the same criteria as materials and media which are purchased. Librarians are expected to comply with general standards of quality for materials.
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 in accordance with the Supplementary Material approval process. This approval may be given to materials that are of obvious educational quality. These materials should , supplement and enrich current text and reference book materials, be 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: November 8, 2012 <-- 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.
● Maximum B. Maximum accessibility to these materials.● A
C. A place for materials that will support the curriculum, taking into consideration the individual student's
needs andneeds and the varied interests, abilities, socioeconomic backgrounds, and maturity levels of all of the students.
● AD. A place for materials for teachers and students to encourage growth in knowledge, which will develop literary,
culturalcultural, and aesthetic appreciation and ethical standards.
● The E. The allotment of space for an adequate professional library.
Adopted: date of 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: September 22, 2011 <-- 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
REGULATION
TECHNOLOGY RESOURCES
(Movies/Videos/Electronic Materials)
Movies, videos and electronic materials with ratings other than for general audiences of all ages are not to be shown in classrooms or at any District facility (this includes buses and motels where students are present) except when:
● TheA. The movie, video or electronic material has been previewed by the teacher or other certificated staff member.
● TheB. The movie, video or electronic material has been determined to not contain material that is objectionable
or inappropriateor inappropriate for the age group to which it is intended to be shown.
● TheC. The responsible school administrator has approved the use of the movie, video or electronic material prior
to itsto its showing.
● TheD. The teacher or other certificated staff member has provided advance notification to each student's parent(s),
oror other responsible adult, of the title of the movie, video or electronic material and the date on which it will be shown.
● WhenE. When a movie, video or electronic material has a rating the above advance notification will include the
rating andrating and the source providing the rating.
● AF. A student whose parent(s) or other responsible adult has provided notice of their disapproval will not
be permittedbe permitted to view the movie, video or electronic material.
Parents or guardians have the right to have advance access to instructional materials, learning materials and activities currently in use, or being considered for use, in the District.
Parents have the right to request that their child not view any movie or video, regardless of its rating or the purpose for which it is to be shown.
A parent or guardian who objects to any learning material or activity on the basis that it is harmful includes objection to a material or activity because it questions beliefs or practices in sex, morality, or religion or, because of sexual content, violent content, or profane or vulgar language, may request to withdraw that student from the activity or from the class or program in which the material is used and request an alternative assignment.
Technology can greatly enhance the instructional program as well as the productivity and efficiency of District and school site administration. "Technology" as used here includes but is not limited to one (1) or more forms of electronic equipment, media, services, computers, e-mail, telephones, cell phones, voice mail, fax machines, wire services, online services, intranet, Internet and the World Wide Web. Careful planning is essential to achieve the successful, equitable and cost-effective implementation of technology-based materials, equipment, systems, and networks. All technology provided by Peoria Unified School District (PUSD) is District property, to be used to facilitate and support the District's instructional programs and administrative business. PUSD has the right to establish policies governing the use of technology, and to amend such policies from time to time. All technology users are responsible for using these resources in a professional, ethical and lawful manner.
As used in this policy all technology as described above will be summarized under the heading Electronic Information Services.
Appropriate use of Electronic
Information Services
The District may provide electronic information services (EIS) to qualified students, teachers, and other personnel who attend or who are employed by the District. Electronic information services include networks (e.g., LAN, WAN, Internet), databases, and any computer-accessible source of information, whether from hard drives, tapes, compact disks (CDs), floppy disks, or other electronic sources. The use of the services shall be in support of education, research, and the educational goals of the District. To assure that the EIS is used in an appropriate manner and for the educational purposes intended, the District will require anyone who uses the EIS to follow its guidelines and procedures for appropriate use. Anyone who misuses, abuses, or chooses not to follow the EIS guidelines and procedures will be denied access to the District's EIS and may be subject to disciplinary and/or legal action.
The Superintendent shall determine steps, including the use of an Internet filtering mechanism, that must be taken to promote the safety and security of the use of the District's online computer network when using electronic mail, chat rooms, instant messaging, and other forms of direct electronic communications. Technology protection measures shall protect against Internet access by both adults and minors to visual depictions that are obscene, child pornography or, with respect to use of computers by minors, harmful to minors. Safety and security mechanisms shall include online monitoring activities.
As required by the Children's Internet Protection Act, the prevention of inappropriate network usage includes unauthorized access, including "hacking," and other unlawful activities; unauthorized disclosure, use and dissemination of personal identification information regarding minors.
It is the policy of the Board to:
● prevent A. prevent user access over the District's computer network to, or transmissions of, inappropriate material (as defined in this policy and Regulation IJNDB-R);● prevent via Internet, electronic mail, or other forms of direct electronic communications;
B. prevent unauthorized access and other unlawful online activity;
● prevent C. prevent unauthorized online disclosure, use, or dissemination of personal identification information of minors; and● comply and
D. comply with the Children's Internet Protection Act [P.L. No. 106-554 and 47USC 47 U.S.C. 254(h)].
Each user will be required to sign an EIS user's agreement. The District may log the use of all systems and monitor all system utilization. Accounts may be closed and files may be deleted at any time. The District is not responsible for any service interruptions, changes, or consequences. The District reserves the right to establish rules and regulations as necessary for the efficient operation of the electronic information services.
The District does not assume liability for information retrieved via EIS, nor does it assume any liability for any information lost, damaged, or unavailable due to technical or other difficulties.
Filtering and Internet Safety
As required by the Children's Internet Protection Act, the District shall provide for technology protection measures that protect against Internet access by both adults and minors to visual depictions that are obscene, child pornography, or, with respect to use of the computers by students, harmful to students. The protective measures shall also include monitoring the online activities of students.
Limits, controls, and prohibitions shall be placed on student:
● Access A. Access to inappropriate matter.
● Safety B. Safety and security in direct electronic communications.
● Unauthorized C. Unauthorized online access or activities.
● Unauthorized D. Unauthorized disclosure, use and dissemination of personal information.
Education, Supervision and
Monitoring
It shall be the responsibility of all District employees to be knowledgeable of the Board's policies and administrative guidelines and procedures. Further, it shall be the responsibility of all employees, to the extent prudent to an individual's assignment to educate, supervise, and monitor appropriate (as defined in this policy and Regulation IJNDB-R) usage of the online computer network and access to the Internet in accordance with this policy, the Children's Internet Protection Act, and the Protecting Children in the 21st Century Act.
The Superintendent shall provide for appropriate training for District employees and for students who use the District's computer network and have access to the Internet. Training provided shall be designed to promote the District's commitment to:
● the A. the standards and acceptable use of the District's network and Internet services as set forth in District policy;
● student B. student safety in regards to use of the Internet, appropriate behavior while using, but not limited to, such things such things as social networking Web sites, online opportunities and chat rooms; and cyberbullying awareness and awareness and response; and compliance with E-rate requirements of the Children's Internet Protection Act.
While training will be subsequently provided to employees under this policy, the requirements of the policy are effective immediately. Employees will be held to strict compliance with the requirements of the policy and the accompanying regulation, regardless of whether training has been given.
The Superintendent is responsible for the implementation of this policy and for establishing and enforcing the District's electronic information services guidelines and procedures for appropriate technology protection measures (filters), monitoring, and use.
Adopted: June 14, 2012Parent Notification
Parents will be notified of the policies regarding the use of technology and the Internet while at school. Parents will also be notified of their ability to prohibit the student from the use of technology and the Internet while at school in which covered information may be shared with an operator pursuant to A.R.S. 15-1046. This does not apply to software or technology that is used for the daily operations or administration of a local education agency or Arizona Online instruction programs authorized pursuant to A.R.S. 15-808.
Adopted: <-- 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)
REGULATION
FIELD TRIPS
Field trips are very useful to encourage learning through exploration of the environment not immediately accessible to the classroom. However, field trips are only one means of achieving an educational objective. Approval of field trips will be based on a number of items such as availability of transportation, budget, personnel, weather, risks, and distance, as well as educational objectives.
It will be the responsibility of the staff and the principal to organize field trips so that an experience is not repeated yearly for a student or group of students. There might be some justification for repeating an experience, but generally the same field trip will not be repeated for any one (1) student within a three (3) year cycle.
The cost of transportation for field trips must be included in budget planning. Each teacher who wishes to plan field trips should make tentative plans with the principal during budget planning. Such plans should include the place, time, and educational justification for each field trip. The District will attempt to have some capacity for scheduling field trips beyond those requested by the teachers as part of the budget process, but there can be no assurance that such unbudgeted trips can be accommodated.
REGULATION
USE OF TECHNOLOGY RESOURCES
IN INSTRUCTION
(Safety and use of Electronic
Information Services)
Use of the electronic information services (EIS) requires that the use of the resources be in accordance with the following guidelines and support the education, research, and educational goals of the District. Filtering, monitoring, and access controls shall be established to:
● Limit A. Limit access by minors to inappropriate matter on the Internet and World Wide Web.
● Monitor B. Monitor the safety and security of minors when using electronic mail, chat rooms, and other forms of direct electronic direct electronic communications.
● Monitor C. Monitor for unauthorized access, including so-called "hacking," and other unlawful activities by minors online.
● Restrict D. Restrict access by minors to materials harmful to minors.
Content Filtering
A content filtering program or similar technology shall be used on the networked electronic information services (EIS) as well as on standalone computers capable of District authorized access to the Internet. The technology shall at a minimum limit access to obscene, profane, sexually oriented, harmful, or illegal materials. Should a District adult employee have a legitimate need to obtain information from an access-limited site, the Superintendent may authorize, on a limited basis, access for the necessary purpose specified by the employee's request to be granted access.
Education, Supervision, and
Monitoring
It is the responsibility of all District employees to be knowledgeable of the Board's policy and administrative regulations and procedures related to the use of technology resources. Employees are further responsible, to the extent prudent to an individual's assignment, to educate, supervise, and monitor student use of the District's online computer network use. District, department, and school administrators shall provide employees with appropriate in-servicing and assist employees with the implementation of Policy IJNDB.
As a means of providing safety and security in direct electronic communications and to prevent abuses to the appropriate use of electronic equipment, all computer access to the Internet through the District electronic information services (EIS) or standalone connection shall be monitored periodically or randomly through in-use monitoring or review of usage logs.
Access Control
Individual access to the EIS shall be by authorization only. Designated personnel may provide authorization to students and staff who have completed and returned an electronic information services user agreement. The Superintendent may give authorization to other persons to use the EIS.
Acceptable Use
Each user of the EIS shall:
● Use A. Use the EIS to support personal educational objectives consistent with the educational goals and objectives of the objectives of the School District.
● Agree B. Agree not to submit, publish, display, or retrieve any defamatory, inaccurate, abusive, obscene, profane, sexually sexually oriented, threatening, racially offensive, or illegal material.
● Abide C. Abide by all copyright and trademark laws and regulations.
● Not D. Not reveal home addresses, personal phone numbers or personally identifiable data unless authorized to do so to do so by designated school authorities.
● Understand E. Understand that electronic mail or direct electronic communication is not private and may be read and monitored and monitored by school employed persons.
● Not F. Not use the network in any way that would disrupt the use of the network by others.
● Not G. Not use the EIS for commercial purposes.
● Follow H. Follow the District's code of conduct.
● I. Not attempt to harm, modify, add, or destroy software or hardware nor interfere with system security.
● Understand J. Understand that inappropriate use may result in cancellation of permission to use the electronic information services information services (EIS) and appropriate disciplinary action up to and including expulsion for students.
In addition, acceptable use for District employees is extended to include requirements to:
● Maintain A. Maintain supervision of students using the EIS.
● Agree B. Agree to directly log on and supervise the account activity when allowing others to use District accounts.
● Take C. Take responsibility for assigned personal and District accounts, including password protection.
● Take D. Take all responsible precautions, including password maintenance and file and directory protection measures, to to prevent the use of personal and District accounts and files by unauthorized persons.
Each user will be required to sign an EIS user agreement. A user who violates the provisions of the agreement will be denied access to the information services and may be subject to disciplinary action. Accounts may be closed and files may be deleted at any time. The District is not responsible for any service interruptions, changes, or consequences.
Details of the user agreement shall be discussed with each potential user of the electronic information services. When the signed agreement is returned to the school, the user may be permitted use of EIS resources through school equipment.
EXHIBIT
USE OF TECHNOLOGY RESOURCES
IN INSTRUCTION
ELECTRONIC INFORMATION SERVICES
USER AGREEMENT
Details of the user agreement shall be discussed with each potential user of the electronic information services (EIS). When the signed agreement is returned to the school, the user may be permitted use of EIS resources.
A parent may prohibit his or her child from the use of technology and the Internet by not signing the Electronic Information Services User Agreement. The child will be prohibited from the use of any District- or school-provided electronic information services.
Terms and Conditions
Acceptable use.
EachEach user must:
A. Use the EIS to support personal educational objectives consistent with the educational goals and objectives of the School District.
B. Agree not to submit, publish, display, or retrieve any defamatory, inaccurate, abusive, obscene, profane, sexually oriented, threatening, racially offensive, or illegal material.
C. Abide by all copyright and trademark laws and regulations.
D. Not reveal home addresses, personal phone numbers or personally identifiable data unless authorized to do so by designated school authorities.
E. Understand that electronic mail or direct electronic communication is not private and may be read and monitored by school employed persons.
F. Not use the network in any way that would disrupt the use of the network by others.
G. Not use the EIS for commercial purposes.
H. Follow the District's code of conduct.
I. Not attempt to harm, modify, add/or destroy software or hardware nor interfere with system security.
J. Understand that inappropriate use may result in cancellation of permission to use the educational information services (EIS) and appropriate disciplinary action up to and including expulsion for students.
In addition, acceptable use for District employees is extended to include requirements to:
A. Maintain supervision of students using the EIS.
B. Agree to directly log on and supervise the account activity when allowing others to use District accounts.
C. Take responsibility for assigned personal and District accounts, including password protection.
D. Take all responsible precautions, including password maintenance and file and directory protection measures, to prevent the use of personal and District accounts and files by unauthorized persons.
Personal responsibility.
II will report any misuse of the EIS to the administration or system administrator, as is appropriate.
I understand that many services and products are available for a fee and acknowledge my personal responsibility for any expenses incurred without District authorization.
Network etiquette.
I amI am expected to abide by the generally acceptable rules of network etiquette. Therefore, I will:
A. Be polite and use appropriate language.
II will not send, or encourage others to send, abusive messages.
B. Respect privacy.
II will not reveal any home addresses or personal phone numbers or personally identifiable information.
C. Avoid disruptions.
II will not use the network in any way that would disrupt use of the systems by others.
D. Observe the following considerations:
1. Be brief.
2. Strive to use correct spelling and make messages easy to understand.
3. Use short and descriptive titles for articles.
4. Post only to known groups or persons.
Services
The School District specifically denies any responsibility for the accuracy of information. While the District will make an effort to ensure access to proper materials, the user has the ultimate responsibility for how the electronic information services (EIS) is used and bears the risk of reliance on the information obtained.
I have read and agree to abide by the School District policy and regulations on appropriate use of the electronic information system, as incorporated herein by reference.
I understand and will abide by the provisions and conditions indicated. I understand that any violations of the above terms and conditions may result in disciplinary action and the revocation of my use of information services.
Name _________________________________________________________
Signature ________________________________ Date ________________
(Student or employee)
School __________________________________ Grade (if a student) ____
Note that this agreement applies to both students and employees.
The user agreement of a student who is a minor must also have the signature of a parent or guardian who has read and will uphold this agreement.
Parent or Guardian Cosigner
As the parent or guardian of the above named student, I have read this agreement and understand it. I understand that it is impossible for the School District to restrict access to all controversial materials, and I will not hold the District responsible for materials acquired by use of the electronic information services (EIS). I also agree to report any misuse of the EIS to a School District administrator. (Misuse may come in many forms but can be viewed as any messages sent or received that indicate or suggest pornography, unethical or illegal solicitation, racism, sexism, inappropriate language, or other issues described in the agreement.)
I accept full responsibility for supervision if, and when, my child's use of the EIS is not in a school setting. I hereby give my permission to have my child use the electronic information services.
Parent or Guardian Name (print) ____________________________________
Signature ____________________________________ Date ____________
(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 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 and Excursions)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.
Field trips involving out-of-county or out-of-state travel, will require parent permission slips as well as approval from the Superintendent or the Superintendent's designee. The Governing Board must approve all out-of-state travel.
Supervision by school staff will be provided for all field trips. An exception could be individual student career visitations with prior parent approval.
When transportation is necessary, all school-sponsored travel will be by school or commercial vehicle operated by staff fully qualified and licensed to operate these vehicles. School clubs using buses, for non-District-wide activity trips, must pay all transportation costs incurred.
Generally, non-students are not eligible for school transportation. Parents or other adult chaperones may be invited by sponsors, with approval of the principal, to ride buses on field trips, activity trips, et cetera. Team members, sponsors, and coaches are expected to ride team District vehicles. Students may be transported to and from school activities/events by their parents with sponsor approval.
Activity Trips
When travel is required for a school sanctioned activity, the travel may be by school vehicle with a qualified school employee driving, or by services of a state licensed contract carrier. For all trips out of county, commercial transportation or school vehicles will be utilized.
Adopted: May 12, 2016Transportation 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 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: <-- z2AdoptionDate -->
EXHIBIT
USE OF TECHNOLOGY RESOURCES
IN INSTRUCTION
ELECTRONIC INFORMATION SERVICES
USER AGREEMENT - EMPLOYEES
Details of the user agreement shall be discussed with each potential user of the electronic information services (EIS). When the signed agreement is returned to the school, the user may be permitted use of EIS resources.
Terms and Conditions
Acceptable use. Acceptable use of the electronic information services requires that the use of these resources be in accordance with the following guidelines and support the educational goals of Peoria Unified School District (PUSD).
Each user must:
● Agree to use the electronic information system for educational purposes or District business purposes only.
● Agree not to submit, publish, display or retrieve/download any inappropriate material, including material that is defamatory, abusive, obscene, profane, sexually oriented, threatening, racially offensive, illegal, or deliberately inaccurate material; nor shall employees provide direct links to such materials or encourage the use of controlled substances.
● Agree not to download, archive, distribute or share any software or digital file (such as movies, music, or text) that would constitute a violation of copyright laws, including any trademark and/or license restrictions.
● Agree not to attempt to harm, modify system files or data belonging to other users.
● Agree not to attempt to gain unauthorized access to District systems or data, damage software or hardware or interfere with system operation or security.
● Agree to only access the PUSD network with his/her PUSD network user name.
● Agree to keep all passwords private.
● Agree to notify a system administrator if a password is lost or stolen, or if there is reason to believe that someone has obtained unauthorized access to the system.
● Agree not to use the network in a way that would disrupt the use of the network by others.
● Understand that e-mail should not be considered absolutely secure or private.
● Understand that all e-mail in the District e-mail system is the property of the District.
● Understand that computer activities, including e-mail, can and may be monitored and tracked.
● Agree not to reveal anyone else's personal information without the proper permission or authority.
● Agree not to use the system to make any unauthorized purchases or to conduct any non-approved business.
● Agree to follow all District Policies and Employee Handbooks as written.
● Understand that the system administrators reserve the right to set quotas for disk usage on PUSD network systems. Employees who exceed their quota will be advised to delete files to return to compliance.
● Understand that use of personally-owned technology items are subject to these acceptable use provisions when used on any District property or to conduct school District business, including the requirement that all software is legally licensed. Personally-owned technology items must not be used to provide access to unapproved supplementary resources or to provide unfiltered Internet access in any use with students. All costs due to the theft, damage, or failure of personally-owned technology items are the responsibility of the owner and not PUSD.
● Agree to supervise students according to the Acceptable Use Agreement, when the students are in the employee's charge.
● Agree to notify his/her principal/supervisor, or e-mail helpdesk@peoriaud.k12.az.us if the user believes he/she has discovered a security problem on any PUSD system. The user should not demonstrate the problem to any other user or attempt to exploit the problem in any way.
Employees should adhere to all District technology guidelines. Administrator(s) will deem what is appropriate and inappropriate use of information systems. Any action by an employee determined to constitute an inappropriate use may subject the employee to consequences of the school and District disciplinary code and of state and federal law.
Through the use of filtering software and supervision, Peoria Unified School District limits access to inappropriate materials on the Internet. Employees should be aware that no filtering system is completely effective in preventing access to all inappropriate materials, and it is the employee's responsibility to follow the above regulations and any District directives.
Users specifically agree to compensate Peoria Unified School District, its officers, employees, and the system administrators for any losses, costs, or damages, including reasonable attorneys' fees incurred by the District, its officers, employees, and the system administrators relating to, or arising out of any breach of this Acceptable Use Agreement by the user.
I understand and will abide by the above terms and conditions of this acceptable use policy, and will use computer and electronic resources for educational or District business purposes only. I further understand that any violation of this agreement is unethical and may constitute a criminal offense and may result in civil liability to me. Should I commit any violation, I am subject to consequences of the school and District disciplinary code and of state and federal law.
_________________________ _____________ _________________________
Employee Signature Date Employee Printed Name
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 -->
EXHIBIT
USE OF TECHNOLOGY RESOURCES
IN INSTRUCTION
ELECTRONIC INFORMATION SERVICES
USER AGREEMENT - STUDENTS
Details of the user agreement shall be discussed with each potential user of the electronic information services (EIS). When the signed agreement is returned to the school, the user may be permitted use of EIS resources.
Terms and Conditions
Acceptable use. Acceptable use of the electronic information services requires that the use of these resources be in accordance with the following guidelines and support the educational goals of Peoria Unified School District (PUSD).
Summary. You will be held responsible for your actions. Your actions may be monitored and tracked while using school computers or the computer network. Do not download inappropriate or copyrighted material. Do not disclose personal information about you or your family. Notify your teacher if you receive a communication or access a website that you feel is inappropriate.
The student must:
● Agree to use the electronic information system for educational or District business purposes only.
● Agree not to submit, publish, display or retrieve/download any inappropriate material, including material that is defamatory, abusive, obscene, profane, sexually oriented, threatening, racially offensive, illegal, or deliberately inaccurate material; nor shall students provide direct links to such materials or encourage the use of controlled substances.
● Agree not to download, archive, distribute or share any software or digital file(s) (such as movies, music, or text) that would constitute a violation of copyright laws, including any trademark and/or license restrictions.
● Agree not to attempt to harm, modify system files or data belonging to other users.
● Agree not to attempt to gain unauthorized access to District systems or data, damage software or hardware or interfere with system operation or security.
● Agree to only access the PUSD network with his/her PUSD network user name unless directed by the teacher to use a "generic lab user name." Permission to use generic lab user name is valid only during the class period where permission was granted.
● Agree to keep his/her password private.
● Agree to notify his/her teacher if a password is lost or stolen, or if there is reason to believe that someone has obtained unauthorized access to the system.
● Agree not to use the network in a way that would disrupt the use of the network by others.
● Understand that e-mail should not be considered absolutely secure or private.
● Understand that e-mail in the District e-mail system is the property of the District.
● Understand that computer activities, including e-mail, may be monitored and tracked.
● Agree not to reveal anyone else's personal information without the proper permission or authority.
● Agree not to use the system to make any unauthorized purchases or to conduct any non-approved business.
● Agree that this policy specifically prohibits the use of games or simulations for entertainment purposes. A game or simulation used for an educational purpose may be authorized by your teacher during class time.
● Agree to follow all District Policies and Student Handbooks as written.
● Understand that the system administrators reserve the right to set quotas for disk usage on PUSD network system. Students who exceed their quota will be advised to delete files to return to compliance.
● Agree to notify his/her teacher, or e-mail helpdesk@peoriaud.k12.az.us if the user believes he/she has discovered a security problem on any PUSD system. The student should not demonstrate the problem to any other user or attempt to exploit the problem in any way.
Student use of information systems is acknowledged to be a privilege, not a right. Students must adhere to strict District guidelines. Administrator(s) will deem what is appropriate and inappropriate use of information systems. Any action by a student determined to constitute an inappropriate use subjects the student to disciplinary action. Depending on the seriousness of the user's offense, consequences will be administered as stipulated in the Student Handbook and/or District policy. Students will also be subject to all applicable state and federal laws.
Students and parents/guardians of students must understand that their student may have access to the Internet. Through the use of filtering software and supervision, Peoria Unified School District limits access to inappropriate materials on the Internet. Students and parents should be aware that no filtering system is completely effective in preventing access to all inappropriate materials, and it is the student's responsibility to follow the above regulations and the directions of staff.
I understand and will abide by the above terms and conditions of this PUSD acceptable use policy, and will use computer and electronic resources for curricular or District business purposes only. I further understand that any violation of this agreement is unethical and may constitute a criminal offense and may result in civil liability to me and my parents or guardians, if I am under age 18. Should I commit any violation, I am subject to consequences of the school and District disciplinary code and of state and federal law.
________________________ _______ ________________________ _______
Student Signature Date Parent/Guardian Signature Date
_______________________________ _______________________________
(Printed Student Name) (Printed Parent/Guardian Name)
______ My child has permission to use the Internet.
______ My child does not have permission to use the Internet.
Volunteers can make many valuable contributions to the students and educational programs of the District. A volunteer program is approved subject to suitable rules, safeguards, and regulations as developed by the Superintendent.
The Superintendent shall promote appropriate annual recognition of volunteer services.
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.
Reports 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.
Schools Teachers will report to parents on students' conduct, scholarship, attendance, or excessive tardiness.
Special Education
Grades reporting achievement of special education students not taking general 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.Parents of these The permanent record cards for such students shall indicate enrollment in special education for those classes.
Parents of special education students shall be informed counseled regarding the significance of the grading system in order to avoid misinterpretation of the achievement grade.
Adopted: October 13, 2016 <-- z2AdoptionDate -->
REGULATION
GRADING / ASSESSMENT SYSTEMS
Report cards for students in grades kindergarten (K) through grade two (2) will utilize the following codes to communicate student progress.
P High level of performance
I Sufficient and steady progress/improvement
N Needs more time/practice/support
Students in grades three (3) through twelve (12) will be graded on a five (5)-symbol scale. In high school, if a student receives a grade of F for the semester, no credit is awarded for the semester's work.
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% through 100% equals A Excelling
80% through 89% equals B Highly Performing
70% through 79% equals C Performing
60% through 69% equals D Under Performing
Below 60% equals F Failing
I Incomplete
NC Audit
W Withdrawal
P Pass
IP In Progress
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:
● The A. The grading system should be consistent within the class for the entire year.
● The B. The student should understand the system thoroughly, such as, the content on which the grade for the course the course depends, the weight attached to various phases of the material, the manner in which the letter grade letter grade is devised, and the meaning of the final letter grade which is sent home as a report to the parent.
● If C. If a teacher from year to year consistently promotes classes with predominantly high or low scores for the majority for the majority of the pupils in each class, then such practice causes parental and pupil difficulties for the succeeding the succeeding teacher. If a teacher consistently finds the grades high or low for a large percent of the classthe class, then the teacher should evaluate their established standards of average achievement on grading.
● Work D. Work habits and conduct are two (2) areas that will be marked separatelyindividually. Content area grades must 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.
REGULATION
FIELD TRIPS
Field trips are very useful to encourage learning through exploration of the environment not immediately accessible to the classroom. However, field trips are only one means of achieving an educational objective. Approval of field trips will be based on a number of items such as availability of transportation, budget, personnel, weather, risks, and distance, as well as educational objectives.
It will be the responsibility of the staff and the principal to organize field trips so that an experience is not repeated yearly for a student or group of students. There might be some justification for repeating an experience, but generally the same field trip will not be repeated for any one (1) student within a three (3) year cycle.
The cost of transportation for field trips must be included in budget planning. Each teacher who wishes to plan field trips should make tentative plans with the principal during budget planning. Such plans should include the place, time, and educational justification for each field trip. The District will attempt to have some capacity for scheduling field trips beyond those requested by the teachers as part of the budget process, but there can be no assurance that such unbudgeted trips can be accommodated.
Student Travel Out-of-State
Out-of-state travel by school sponsored groups or individuals must be approved by the Governing Board. Cost for this travel must be borne by the club and/or its sponsoring group. Requests will specify funding sources, insurance, purpose, number of students, number of chaperones, appropriate assignment of chaperones, plans for lodging accommodations and transportation arrangements and itinerary. It is expected that loss of school time will be avoided or minimized. Out-of-state travel plans must be authorized by the administration and approved by the Governing Board prior to any fund-raising efforts being initiated or travel announcements being given. All travel requests will be submitted to the Governing Board in advance of scheduled departure unless special circumstances require emergency consideration as recommended by the Superintendent or the Superintendent's designee.
Elementary Student Groups
Travel out-of-state by elementary school groups may be approved when educational purposes are clearly identified. Consideration must be given to the ages of the students involved and the interest and support of their parents. Most activity travel should be planned around in-state events.
High School Student Groups
Travel out-of-state by high school groups may be approved when participation will clearly advance the intellectual, cultural, and leadership development of the students.
Extended Student Travel
Out-of-state travel, requiring more than eight (8) hours driving time one-way, will be by commercial carrier.
The Peoria Unified School District Field Trip Permission Form must be obtained from the parents or legal guardians before any student is taken from the school grounds on a field trip.
District Benchmark and End of Course Final examinations may be used as evaluation of student achievement when they are conducted in such a way that they effectively evaluate the achievement of the goals and objectives on which learning activities have been based.
Adopted: date of Manual adoption <-- z2AdoptionDate -->
REGULATION
FIELD TRIPS
Rules and Regulations for
Water Park Field Trips
The following is a list of rules and regulations that students who are on a field trip to a water park are expected to follow at all tines during their visit. Failure to comply with the parks Rules and Regulations may result in removal from the park without refund. For a complete list of park rules and regulations, visit Guest Services which should be located at the park's main gate.
Note: The following items marked with an asterisk are specific to the Wet 'n Wild Water Park.
● Read and obey all posted rules and instructions given by the park staff.
● Appropriate bathing suits are required. No shorts, cutoffs, or items with metal fasteners, rivets, zippers or buckles are allowed an the slides.
● For all guests, smoking is only permitted in the designated area outside the main gate.
● Containers, food, drinks or picnic lunches may not be taken into the park. Guests with special diets, baby formula or baby food may bring their items in to the park.
● All bags, backpacks, and packages are subject to inspection prior to entering the park. As a reminder, for the safety of our guests the following items are not permitted inside the park: Weapons, sharp objects, hazardous items or materials, or any other item that may be perceived as a weapon.
● In keeping with the family atmosphere of the park, inappropriate actions such as offensive or profane language and/or gestures as well as unruly behavior including horseplay all not be tolerated.
● Please shower prior to enjoying the pools and attractions.
Some facilities may have additional participation guidelines relating to health, physical ability, etc.
Participate Safely:
● As a guest, you are responsible for your own safety. Instructional signage is posted at each attraction. Please listen to and obey all lifeguard instructions. Please read and follow all posted safety information. Inappropriate or unsafe behavior will not be tolerated and is subject to immediate removal from the Park without refund.
● We encourage the use of a "buddy system" for large groups.
● Establish a "home base" at the Park for students to know school staff location.
● Attraction height and weight restrictions as well as child life vest requirements apply on certain attractions.
● Running and horseplay are not permitted.
● It is strongly recommended that all weak or non-swimmers wear a Coast Guard-approved life vest. Complimentary life vests are available. Please see a lifeguard for assistance. Floaties, water rings, and other floatation devices are not permitted. Only Park issued rafts are permitted. Water wings, masks, snorkels, and other SCUBA equipment are not permitted. Coast Guard-approved "puddle jumper" style floatation devices are permitted for use.
● Many rides at Wet 'n Wild are dynamic and thrilling and may include features such as high speeds, steep drops, sharp turns, and other forces. There are inherent risks in participating in any amusement attraction. If you choose to participate, you accept these risks.
Zero Tolerance Policy
Actions, language, behavior or conduct that interferes with a family atmosphere will result in the ejection of the offending person without refund or any other compensation. This includes, but is not limited to: offensive clothing, profanity, vulgar gestures, running, spitting, fighting and line breaking.
Holding a place in line is not permitted. If you leave the line for any reason, you will lose your position and will need to start at the end.
REGULATION
TESTS AND EXAMINATIONS
Principals will develop testing schedules for their schools. Such schedules will then be reported to the Superintendent.
EXHIBIT
FIELD TRIPS
FIELD TRIP PERMISSION FORM
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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:
● Parents A. Parents will be informed regularly, and at least four (4) times a year, as to the progress their children are making are making in school.
● Parents B. Parents will be alerted and conferred with as soon as possible when a student's performance or attitude becomes attitude becomes unsatisfactory or shows marked or sudden deterioration.
● Insofar C. Insofar as possible, distinctions will be made between a student's attitude and academic performance.
● At D. At comparable levels, the school will strive for consistency in grading and reporting except as this is inappropriate is inappropriate for certain classes or certain students.
● When E. When grades are given, school staff members will take particular care to explain to parents the meaning of marks of marks and symbols as they apply to student achievement.
● When F. When no grades are given but evaluation is made informally in terms of the student's own progress, such evaluation such evaluation will be a realistic appraisal of the skills developed by the student.
● Reports G. Reports of progress for students qualified for services under the Individuals with Disabilities Education Act Act (I.D.E.A.) shall be based on their each student’s progress in the general curriculum and shall address whether the progress is sufficient to enable the student to achieve the achieving the goals stated in the student's individualized education program 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 -->
Parent/teacher conferences may be conducted. The Superintendent will establish procedures for such conferences. Scheduling will usually be on an as needed basis; conferences between elementary teachers and parents of their children will be held at least twice each year. In addition to scheduled opportunities, parents shall have opportunities to arrange conferences with teachers at other times during the year. These conferences will provide for parent participation in the schools and are designed to improve parent and teacher cooperation in such areas as homework, attendance, and discipline.
Adopted: date of Manual adoption
Adopted: <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-901
CROSS REF.:
IKAB - Report Cards/Progress Reports
The development of study skills and self-discipline are integral and indispensable elements of a quality educational process.
Homework should be assigned consistent with the maturity, special needs, potential, and achievement level of the individual student. It should not carry the stigma of punishment. Its assignment should be specifically addressed to the objectives of the instructional program, and, in addition, students should develop responsibility for actively pursuing knowledge without immediate supervision outside as well as within the classroom.
Students, regardless of their intellectual capacity, should understand that mastery of skills is not always possible within the time constraints of the classroom. Each student should leave the District with a firm foundation for pursuing knowledge and developing skills on an independent basis.
The Superintendent is responsible for procedures that will achieve objectives through homework, including, but not limited to, the following:
● Intervention A. Intervention that changes deficient performance to performance that meets acceptable standards.● Reinforcement
B. Reinforcement and mastery of critical skills and concepts. Special emphasis will be placed on the mastery
of basicof basic skills.
● ChallengeC. Challenge through exploration of concepts and skills that complement and elaborate those introduced in
the classroomthe classroom.
● Feedback D. Feedback from the teacher through correction and clarification of all outside assignments.
Adopted: date of Manual adoption <-- z2AdoptionDate -->
Rank in class is required by colleges and universities on transcripts submitted for entrance evaluation.
Class rank shall be determined as follows:
● ClassA. Class ranking will be determined each semester beginning with the first semester of the ninth (9th) grade.
● ClassB. Class rank will be based only on the grades earned in classes that meet or exceed graduation requirements.
● TotalC. Total grade points begin accumulating with the ninth (9th) grade.
These are divided by total units attempted
to produceto produce the accumulative grade point average. Students are then ranked according to grade point average,
withwith 4.00 as high.
The administration will establish a class rank index guide based upon a combination of grade point average and cumulative difficulty weight. This guide will be included in student handbooks and parent information documents.
Adopted: date of Manual adoptionAdopted: <-- z2AdoptionDate -->
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 five (5) through twelve (12)_________________________. The Superintendent will establish the minimum achievement level for all honor rolls, and such determination may be subject to Board approval. Students will be informed of the honor roll system and instructed to ensure an understanding of the specific grades and methods used to compute the honor roll formula.
The District will promote public recognition of students who have attained honor roll status.
Adopted: date of 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.
Promotion from year Year to year for students promotion of a student in grades one (1) through eight (8) will be based upon standards for each basic subject area as identified in the course of study. The District may conduct a ceremony to honor pupils who have been promoted from the eighth (8th) grade.
The District standards that students must achieve shall include accomplishment of the standards in reading, written communication, mathematics, science, and social studies as adopted by the State Board of Education.
The promotion of a student from grade three (3) shall be conditioned on the satisfaction of the applicable competency requirements prescribed by A.R.S. 15-701 and depicted in Administrative Regulation IKE-RB.
In addition to these standards, test scores, grades, teacher-principal recommendations, and other pertinent data will be used to determine promotion.
Retention of students is a process that is followed when the professional staff, in consultation with the parent, determines it to be in the best interests of the student. Though primary grades are suggested as the most appropriate time, retention may be considered at any grade level.
When circumstances indicate that retention is in the best interest of the student, the student will have individual consideration, and decisions will be made only after a careful study of facts relating to all phases of the student's growth and development. The student's academic achievement level and mental ability are important, but physical and social characteristics are also important factors. A decision should be based on sufficient data, collected over a period of time and motivated by a desire to place students in school programs where they will be the most successful.
The District will develop procedures for identification of students who are in need of either acceleration or remediation and procedures for acceleration, remediation and retention of students. Periodic notification by the administration will be made to parents whose students are working below grade level.
High School
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 's high school grade classification (i.e., freshman - ninth [9th]; sophomore - tenth [10th]; junior - eleventh [11th]; or senior - twelfth [12th]) is determined by the number of units of credit the student has earned relative to the respective minimum number of credits to attain each successive classification. 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.
Special Education
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 education 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: February 12, 2015 <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
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.:
- Basic Instructional Program
IKEB - Acceleration
IKF - Graduation Requirements
REGULATION
PROMOTION AND RETENTION
OF STUDENTS
(Promotion, Retention and Acceleration of Students)
Procedure for Retention of
Elementary School Students
At the end of the first grading period, each teacher in a common school should send to the principal a list of the students who are experiencing difficulty in their classes. At the earliest parent conference this must be shared with the parents and recorded in the student's cumulative folder. The teacher and the parent will discuss ways to assist the student in attaining expected achievement levels.
At the end of the second and subsequent grading periods, students - including new students - who achieve below expected grade level standards will be reviewed by the principal and staff members to consider retention. Parent conferences will be held to inform parents of the concern and to involve them in this process by the mid-point of the third quarter.
No decision for retention shall be made without parent involvement and student counseling. Late entries should receive special consideration.
The final recommendation to retain should be made by the teacher. Consultation with the principal and other staff members, and involvement of parents in all steps of the retention process are requiredvital.
Appeal of Teacher Decision to Promote,
Retain, Pass or Fail a Pupil
Pursuant to Arizona Revised Statutes, a parent or student of majority may appeal to the Board for reconsideration on any placement decision. The parent or student of majority has the burden of proof to overturn the decision of a teacher to promote, retain, pass or fail the pupil. It must be demonstrated to the Board that the student has or has not mastered the State Board adopted standards required for the placement recommended by the teacher.If the parent(s) or legal guardian does not agree and wishes to appeal the teacher's decision to retain or promote a student in elementary school or to fail or pass a student from a course in high school, the parent(s) or legal guardian must request a Governing Board review of the teacher's decision by completing a Promotion/Retention/Appeal Form. Upon receipt of the form, a copy of the teacher's decision, the student's cumulative file and any other pertinent data will be provided to the Governing Board prior to the last meeting in June, when possible. The Governing Board may review the appeal and determine the grade placement or the high school course grade of the student. The Governing Board may decline to review the parent appeal in which case the teacher's decision will prevail. The review of the appeal will be in executive session unless the parent(s) or legal guardian requests it be open to the public. The Board shall notify the teacher of the date, time and place of the review and shall allow the teacher to be present at the review. If the teacher is not present at the review, the Board shall consult with the teacher before making its decision. After discussing the appeal in executive session, the Governing Board will adopt their decision in the public session of the Board meeting.If the Governing Board overturns the decision of the teacher, a written finding of mastery or non-mastery of the State Board adopted standards must be adopted by the Governing Board.
To assist staff and parents in determining promotion and retention within the Peoria Unified School District a Promotion/Retention Protocol Packet will be utilized to communicate a student's progress. A packet is available at every school site. Students and families will be notified no later than January if a packet has been initiated for retention consideration.
REGULATION
PROMOTION AND RETENTION
OF STUDENTS
Competency Requirements
for Promotion
of Students
from Third
Grade
The District shall identify each student who is at risk of reading below grade level in kindergarten and grades one (1), two (2), and three (3). The District shall provide an annual specific written notification to parents or guardians of students in kindergarten programs and first (1st), second (2nd) and third (3rd) grades that a student who obtains a score on the reading portion of the Arizona Instrument to Measure Standards (AIMS) test, or a successor test, that demonstrates the student is reading far below the third (3rd) grade level will state-wide assessment that does not demonstrate sufficient reading skills as established by the Board will not be promoted from the third (3rd) grade.
If the student's school has determined that the student is substantially deficient in reading before the end of grade three (3), the District shall provide to the parent or guardian of that student a separate specific written notification of the reading deficiency that includes the following information:
● A A. A Description of the student’s specific individual needs.
B. A description of the current reading services provided to the student.
● A C. A description of the available supplemental instructional services and supporting programs that are designed to designed to remediate reading deficiencies. The District shall offer at least more than one (1) intervention evidence-based intervention strategy and at least one more than one (1) remedial strategy for developed by the State Board of Education for pupils with reading deficiencies. The notification shall list the intervention and remedial and remedial strategies offered and shall instruct the parent or guardian to choose the strategy , in consultation with the student’s teacher, the most appropriate strategies that will be implemented be implemented for the student.
● ParentalD. Parental/guardian strategies to assist the student to attain reading proficiency.● A
E. A statement that the pupil will not be promoted from the third grade if the pupil obtains a score on the reading portion of the state-wide assessment that demonstrates the pupil is reading far below the third-grade level does not demonstrate sufficient reading skills, unless the pupil is exempt from mandatory retention in grade three or the pupil qualifies for an exemption.
F. A description of the District policies on midyear promotion to a higher grade.
Competency Requirements for Promotion
of Students from Third Grade for School
Years 2013-2014 and Thereafter
In addition to competency requirements for school years 2010 through 2012 beginning with the 2013-2014 school year, competency requirements for the Competency requirements for the promotion of a student from the third (3rd) grade shall include the following:
● The A. The student shall not be promoted from the third (3rd) grade if the pupil obtains a score on the reading portion of the AIMS test, or a successor test, that demonstrates the students reading skills fall far below the third (3rd) grade levelportion of the state-wide assessment required test that does not demonstrate sufficient reading skills as established by the Board, unless the student is exempt from mandated retention mandated retention or the pupil qualifies for an exemption as determined by the Governing Board.● The
B. The Governing Board may promote a student from the third (3rd) grade if the student obtains a score on the reading portion of the AIMS test, or a successor test, that demonstrates the student's reading skills fall far below the third (3rd) grade level for any of the following:
■ A good cause exemption if the studenta pupil who does not demonstrate sufficient reading skills if the pupil:
1. is an English learner or a limited proficient student as defined in section in section 15-751 and has had fewer than two (2) years of English language instruction.
■ A student 2. is in the process of a special education referral or evaluation for placement in special education or a pupil who has been diagnosed as having a significant reading impairment, including dyslexia or is a child with a disability as defined in section section 15-761 if if the pupil's individualized education individualized education program team and the studentpupil's parent or guardian agrees agree that promotion is appropriate based on the studenton the pupil's individualized education program. ■ The "Dyslexia" as defined in section 15-701 means a brain-based learning difference that impairs a person's ability to read and spell, that is independent of intelligence and that typically causes a person to read at levels lower than expected.
3. has demonstrated or subsequently demonstrates sufficient reading skills or adequate progress towards sufficient reading skills of the third-grade reading standards as evidenced through a collection of reading assessments approved by the State Board of education, which includes an alternative standardized reading assessment approved by the State Board
4. receives intervention and remedial services during the summer or subsequent school year pursuant to those indicated below under "Intervention and Remedial Strategies Developed by the State Board of Education" and demonstrates sufficient progress based on guidelines issued pursuant to the description of the school district or charter school policies on midyear promotion to a higher grade.
C. The student has demonstrated reading proficiency on an alternate assessment approved by the
State Board ofState Board of Education (SBE).
A pupil may not be retained if data regarding the pupil's performance on the state-wide assessment is not available before the end of the current academic year. A pupil who is not retained due to the unavailability of test data must receive evidence-based intervention and remedial strategies as in the section immediately below if the third-grade assessment data subsequently does not demonstrate sufficient reading skills.
Intervention and Remedial Strategies Developed by
the State Board of Education (SBE) for Students
Who Are Not Promoted from the Third Grade
The Governing Board shall offer at least more than one (1) of the intervention and remedial strategies developed by the SBE. The parent or guardian of a student not promoted from the third (3rd) grade and the student's teacher(s) and principal may choose the most appropriate intervention and remedial strategies that will be provided to that student. The intervention and remedial strategies developed by the SBE shall include:
■~A. A requirement the student be assigned
to a different teacher for reading instruction.■~ Summerfor evidence-based reading instruction by a different teacher who was designated in that teacher's most recent performance evaluation in one (1) of the top two (2) performance classifications pursuant to section 15-203.
B. Summer school reading instruction.
■~ IntensiveC. Intensive reading instruction in the next academic year that occurs before, during, or after the regular
school dayschool day, or any combination of before, during and after the regular school day.
■~ Online reading instruction.
■ ProvideD. Small group and teacher-led evidence-based reading instruction, which may include computer-based or online reading instruction.
E. A requirement that a school district governing board or charter school governing body that promotes a pupil pursuant to the above provide annual reporting to the Department of Education on or before October 1 that includes information on the total number of pupils subject to the retention provisions of this policy, the total number of students promoted pursuant to this policy, the total number of pupils retained in grade three and the interventions administered
The intervention and remedial strategies developed by the SBE shall also:
A. Provide for universal screening of pupils in preschool programs, kindergarten programs and grades one (1)
throughthrough three (3) that is designed to identify students who have reading deficiencies in accordance
with Awith A.R.S. 15-704.
■ DevelopB. Develop interventions and remedial strategies for pupils in kindergarten programs and grades one (1)
through threethrough three (3) who are identified as having reading deficiencies pursuant to section 15-704.
REGULATION
PROMOTION AND RETENTION
OF STUDENTS
CONDITIONAL PROMOTION LETTER
(Kindergarten - Eighth Grade)
Date __________________________
The Peoria District expects all students to demonstrate competency of academic standards in Reading, Language/Writing, Mathematics, Science, Social Studies and Technology before being promoted from grade to grade. This competency may be demonstrated through grade level achievement on classroom performance; District criterion referenced tests; performance-based tests; and/or a standardized, norm-referenced test. To date your child has not fulfilled the expectations of the Academic Intervention Plan as developed in February of this school year.
After careful evaluation, we have determined that it is in the best interest of your child to meet the following specific conditions before being promoted.
Requirements to be completed for conditional promotion:
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
Please contact your child's teacher so that you can discuss these specific conditions that need to be fulfilled. By working closely together, we are hopeful that your child can attain grade-level achievement in the future.
If you have any questions, please do not hesitate to call.
Please sign and return this letter to the Principal's office.
Sincerely,
_______________________________________ ________________________
Principal's Signature Date
_______________________________________ ________________________
Teacher's Signature Date
_______________________________________ ________________________
Parent's Signature Date
DO NOT MARK BELOW THIS LINE - INFORMATION BELOW
IS FOR SCHOOL USE ONLY
Returned to: ______________________________ Date returned: ____________
Signed original placed in student's file: Yes ◻ No ◻
Additional Notes: ______________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
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
REGULATION
PROMOTION AND RETENTION
OF STUDENTS
GUIDELINES FOR PARENT NOTIFICATION
AND COMMUNICATION PROTOCOL
(For Non-Promoted Kindergarteners - Eighth Graders)
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REGULATION
MAKE UP OPPORTUNITIES
When a student provides a written statement signed by a parent or guardian that the student will be or was absent because of the application of pesticides, each teacher will be notified and the following procedure will apply:
● EachA. Each teacher will provide the student's assignment(s) and any handouts or materials necessary
for accomplishmentfor accomplishment of such assignment(s), allowing a minimum make up period of one (1) day for
each day absenteach day absent.
● ItB. It will be the responsibility of any student who misses a laboratory assignment or test to arrange
with the teacherwith the teacher a mutually convenient time to perform the laboratory assignment or to take the test.
The following standards shall apply in the District for
makeupmake up work other than for absence due to pesticide application. Adjustments may be made when it is in the best interest of the student(s).
Students failing to complete work assigned (while absent) may expect to be held accountable for the work. However, students who are absent due to health problems will be provided with days equal to the number of excused absent days to make-up class assignments and activities. For students with a disability, the individualized education program (IEP) will determine the expectations for completion of assignments after absences when appropriate.
Late work is defined as any work completed and turned in after a designated due date. Work becomes late when an absence is unexcused, for truancy or when a student turns in assignments after the equal number of days allowed for excused absences. Late work will be accepted up to the day prior to the last day of the grade-in-progress period (each four and one-half [4 1/2] weeks). Students will receive a grade equal to fifty percent (50%) of the grade the students would have originally earned if the assignment was turned in on the actual due date.
Information pertaining to high school make-up and late work will be posted on the District's website and will be presented in high school student and teacher handbooksA. It will be the student's responsibility to ask for make up work and to arrange for a time to make up tests when the student returns.
B. If the teacher is unable to supply the student with a make up assignment, the student will not be held responsible for that make up assignment.
C. The student has the responsibility to work with the teacher to develop a plan for making up homework and tests.
D. If work is not turned in by the time the assignment is due, and the student fails to provide an acceptable explanation of the extenuating circumstances that would merit an extension, the teacher may reduce the grade on the assignment or withhold credit on the assignment.
E. When a student has been absent for illness, ample time will be given for make up work once the student returns to school.
F. In situations where the student will be absent for more than three (3) days, due to illness (i.e., chicken pox, measles, et cetera), or when the parent notifies the office that the student will be absent more than one (1) week for other reasons (e.g., vacation), teachers may provide required assignments in advance or send assignments to the student.
REGULATION
PROMOTION AND RETENTION
OF STUDENTS
PARENT NOTIFICATION OF INADEQUACY
(Kindergarten - Eighth Grade)
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Date: _____________________________
Dear ______________________________:
Peoria District requires that students demonstrate competency to be promoted from grade to grade. This competency may be demonstrated through grade level achievement on class assignments, projects, tests and a score at or above grade level on any District-wide standardized criterion referenced test or performance-based test.
At present time, ______________________________________ is not fulfilling the
expectations in one (1) or more of the content areas:
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If improvement is not demonstrated by February, an intervention plan will be developed for your child in accordance with the attached Record of Communication Guideline and Retention/Promotion Protocol. If improvement is not evident by May, he/she may have to attend summer school and/or be retained in this grade level to provide sufficient time to overcome the deficiencies in the basic skills.
The Peoria Unified School District is responsible for the education of all Peoria Unified School District students. It is our belief that through the collaboration of student, parents, and school we prepare our students to responsibly participate and succeed in their educational experience.
Please sign and return this letter to the Principal's office. We are very anxious to help your child achieve mastery at his/her grade level and will continue to communicate with you regarding your child's progress.
Sincerely,
______________________________________ _________________________
Principal's Signature Date
______________________________________ _________________________
Teacher's Signature Date
______________________________________ _________________________
Parent's Signature Date
DO NOT MARK BELOW THIS LINE - INFORMATION BELOW
IS FOR SCHOOL USE ONLY
Returned to: ______________________________ Date returned: ____________
Signed original placed in student's file: Yes ◻ No ◻
Additional Notes: _____________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
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
REGULATION
PROMOTION AND RETENTION
OF STUDENTS
RECORD OF COMMUNICATION
(Kindergarten - Eighth Grade)
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Regular Education
A minimum number of twenty-eight (28) 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. Each student shall demonstrate accomplishment of the standards in reading, writing, science, social studies, and mathematics adopted by the State Board of Education and pass each of the sections of the required competency test. A student not successfully passing the competency test shall graduate with a recognized diploma if the student meets the alternative graduation requirements established by A.R.S. 15-701.02. The Superintendent shall prepare regulations to implement the alternative graduation requirements and appoint a hearing officer for appeals.
Graduation requirements may be met as follows:
● By A. By successful completion of subject area course requirements.
● By B. By mastery of the standards adopted by the State Board of Education and other competency requirements for the for the subject as determined by the Governing Board in accord with A.A.C. R7-2-302.02 and rules established by established by the Superintendent.
● By C. By earning credits through correspondence courses (limited to one [1] in each of the four [4] major subject areassubject areas) and/or by passing appropriate courses at the college or university level if the courses are determined to determined to meet standards and criteria established by the Board and in accord with A.R.S. 15-701.01.
● By D. By the transfer of credits as described in Policy JFABC.
● An E. An out-of-state transfer student is not required to pass the competency test to graduate if the student has successfully has successfully passed a statewide assessment test on state adopted standards that are substantially equivalent to 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
Algebra I or equivalent 1.0 units*
Algebra II or equivalent 1.0 units*
Geometry English 4.0 units
Math 4.0 units*
Science 3.0 units**
Social Studies 1 3.0 units*
Additional Math (beyond Algebra II) 1.0 units
Science 3.0 units**
Arizona/U.S. History 1.0 units
Arizona/U.S. Government 0. American Government and Arizona Government 0.5 unit
Economics American History - including Arizona History 1.0 unit
World History and Geography 01.5 0 unit
World History/Geography Economics 1.0 unit
0.5 unit
Fine Arts or Career, Technical and Technical Education 1.0 unit
Physical Education 1.0 unit
Electives 12.0 units
Total 28
Vocational Education 1.0 unit
Electives 7.0 units
Total 22.0 units
* In In lieu of one (1) credit of Algebra II or its equivalent course content a student may request a personal curriculum in mathematics following following R7-2-302.03.
* Peoria Unified School District's (PUSD) Algebra I course is a prerequisite to other required math courses above which may be completed prior to high school or once enrolled in high school. If completed in a PUSD elementary school, Algebra I credit will be transferred to high school, but will not affect high school grade-point-average (GPA).
** Must include one (1) lab science course.
Beginning 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 States Citizenship And Immigration Services. The District school shall document on the pupil's transcript that the pupil has passed a test that is identical to the civics portion of the naturalization test used by the United States Citizenship and Immigration Services.
The Governing Board may determine the method and manner in which to administer a test that is identical to the civics portion of the naturalization test used by the United States Citizenship and Immigration Services. A 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.
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 fulfil 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 math 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.
Credits earned through correspondence courses shall be taken from a regionally accredited institution in order to meet graduation requirements.
Students must meet all requirements before they will be permitted to participate in the commencement ceremonies.
Students must meet the graduation requirements of the District and the State of Arizona.
Transfer students may have their graduation requirements modified upon enrollment in the District. The requirements must meet the State of Arizona's graduation criteria and be related to the number of credit opportunities that have been available to the student.
For students to receive core credit for previously taken online credits from an outside accredited educational institution, the District will determine which class in the Peoria Unified School District (PUSD) course offerings match the class taken. Once the matching class is identified, the student must demonstrate proficiency on the corresponding PUSD course assessment, according to the guidelines in the PUSD Course Description Guide. In the case where a student is emancipated or has reached eighteen (18) years or older, or the student's parent or guardian determine that it is not in the best interest of the student to take a course assessment, or should the student fail to pass a course assessment, the previous online credit shall be counted as elective credit(s) toward graduation.
Principals will have the final decision to approve graduation requirements for transferring students.
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 Arizona instrument to measure standards or the test that is identical to the civics portion of the naturalization test under section 15-701.01 in 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 Arizona instrument to measure standards test or the test that is identical to the civics portion of the naturalization test under section 15-701.01 is is specifically required in a specific academic area by the pupil's individualized education program as mutually agreed on by the pupil's parents and the pupil's individualized education program team or the pupil, if the pupil is at least eighteen (18) years of age.
Competency requirements. Any Any student who is placed in special education classes, grades nine (9) through twelve (12), is eligible to receive a high school diploma without meeting state competency requirements.
Adopted: December 17, 2015
State Seal of Biliteracy. The School District may voluntarily participate in the state seal of biliteracy program by notifying the Superintendent of Public Instruction of such intention. Schools will then identify the students who have met the requirements to be awarded the state seal of biliteracy, which shall be affixed to the diploma and noted on the transcript of each student who has met the requirements.
CPR Instruction and Training. School districts and charter schools shall provide public school pupils with one (1) or more training sessions in cardiopulmonary resuscitation, through the use of psychomotor skills in an age-appropriate manner, during high school.
(Note: CPR instruction and training is required to be provided no later than July 1, 2019.)
Adopted: <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
A.R.S.
15-203
15-341
15-701.01
15-701.02
15-763
A.A.C.
R7-2-302.02
R7-2-302.03R7-2-302.09
CROSS REF.:
IGD - Curriculum Adoption
IGE - Curriculum Guides and Course Outlines
IHAMC - Instruction and Training in Cardiopulmonary Resuscitation
IIE - Student Schedules and Course Loads
IKA - Grading/Assessment Systems
JFABC - Admission of Transfer StudentsJH - Student Absences and Excuses
REGULATION
PROMOTION AND RETENTION
OF STUDENTS
TEACHER RELEASE OF LIABILITY
(Kindergarten - Eighth Grade)
Teachers,
Consideration may be given to the following prior to the final determination of promotion:
● Documentation of achievement levels on criterion and norm referenced assessments;
● Special education status/504;
● Language Acquisition Proficiency Level;
● K-7 academic achievement; (including previous retentions);
● Attendance;
● Developmental level/age.
If you, the teacher, have made these considerations and have decided that it is in the best interest of the student to move to the next grade level, then you may have the Teacher Release Form completed by the parent. Signatures are required by you and the parent releasing you from liability.
REGULATION
GRADUATION REQUIREMENTS
Determining Competency for(Determining Competency for Graduation Credit)
Determination and verification of student accomplishment of subject-area course requirements and/or competencies for graduation credit shall be the responsibility of a subject-area teacher and, at a minimum, shall be in accord with the following:
● The A. The student shall have successfully completed the subject-area course requirement incorporating the standards the standards and competencies adopted by the State Board of Education from the course of study as determined as determined by the Governing Board in accord with the District's designated grading system; or
● As B. As an alternative to completing the course requirements, a student may request, upon a showing of familiarity with familiarity with the subject matter of the course, the opportunity to demonstrate competency in the subject areas of language arts, mathematics, science, social studies, world languages, one (1) fine arts and one (1) career and technical education credit in lieu of classroom timean examination on the competencies of the course. The student may take may take an examination on a particular course one (1) time only in an academic year. The competency test will be the current District-approved course assessment obtained from the District Curriculum Departmentexamination shall be prepared by a teacher of the subject matter who is designated by the Superintendent. To receive graduation creditgraduation credit, the student must demonstrate accomplishment of the standards and competencies adopted by the State the State Board of Education and the Governing Board, respectively. Demonstration of accomplishment of the skills the skills and competencies shall be determined in accord with accepted practices in evaluation of students. A copy A copy of the test results, verified by the appointed teacher, shall be filed with the student's records.
High School Diploma
Endorsements
Students may elect to pursue two (2) types of endorsements to add to the regular high school diploma: Distinguished Scholar Endorsement and Mastery of Subject Area Endorsement. Endorsements will be listed on the regular diploma and on transcripts indicating the student's academic achievements. A student may earn one (1) distinguished scholar endorsement and one (1) or more mastery of subject area endorsements.
Guidelines for Competency Testing
Competency testing is the process of "testing out" of a course. Upon request of the student, the opportunity to demonstrate competency in the subject areas of language arts, mathematics, science, social studies, world languages, one (1) fine arts and one (1) career and technical education credit will be provided in lieu of classroom time.
Procedures:
● Any student who is interested in competency testing must first meet with his/her counselor to discuss testing as it relates to his/her graduation plan. Competency testing is available only in the following instances:
■ for students who have been home schooled and did not obtain credit for their work;
■ for students who have previously failed a course; or
■ for students who need/desire placement/acceleration.
Note: a competency test may not be taken for any course in which credit is already earned.
(Note: Students who take competency tests instead of a course may not be as successful in the subsequent class due to not having the benefit of classroom instruction.)
● The student should make an appointment with the Assistant Principal for Academic Services and obtain a Competency Testing Application form.
● The application should be completed with the appropriate signatures obtained and submitted to the assistant principal, and testing completed at least two (2) weeks prior to the beginning of the semester in which the course is offered.
(Example: A student approaches his counselor in November and wishes to test out of English III which will be offered during the next semester (January); the student must submit the application and take the test prior to two [2] weeks before the next semester begins.)
● Students may not take a competency test for a course they are currently taking or one they were enrolled in at anytime during the semester the request is made.
● A student may be given only one (1) opportunity to apply for and complete competency testing in one (1) particular course; however, the student may apply for competency testing in additional courses.
● The competency test will be the current District-approved course assessment obtained from the District Curriculum Department. Course assessments measure the extent to which a student can master the outcomes in order to receive credit. The awarding of a credit toward the completion of high school graduation requirements shall be based on the successful completion of Arizona State Board-adopted state standards as measured by the course assessment or other appropriate assessment for the subject areas listed.
● A student who plans to test out of a course may be given the course syllabus and any available study guides to prepare for the test.
● A student must attain a score representing the same level of proficiency as others passing the course. The determination and verification of student accomplishment and performance shall be the responsibility of the assistant principal and or District curriculum staff.
● Students will only be awarded credit for non-honors classes.
● A student who successfully passes the test will receive the equivalent credit for the course passed and will receive the grade on the assessment as the final course grade for that class. (A student may elect to deny the credit and grade and take the course in person instead.) If a student passes the competency test prior to the first semester of their ninth (9th) grade year, the course grade will not count toward a student's grade point average (GPA) and Cumulative Difficulty Weighting (C.D.W.).
● In the case of students who have been home schooled, the student may be allowed to demonstrate competency in certain elective courses as determined by the administration.
REGULATION
PROMOTION AND RETENTION
OF STUDENTS
TEACHER RELEASE FORM FOR
PARENTS OR LEGAL GUARDIANS
(Kindergarten - Eighth Grade)
I hereby release the teacher, ___________________________________________
Name of Teacher
of all liability for actions done in good faith pertaining to the placement of _____________________________________
Name of Student
in the next grade.
______________________________________ ________________________
Signature of Parent Date
______________________________________ ________________________
Signature of Teacher Date
REGULATION
PROMOTION AND RETENTION
OF STUDENTS
FINAL PARENT NOTIFICATION OF INADEQUACY
(Kindergarten - Eighth Grade)
Date: _______________________________
Dear _______________________________:
Peoria District requires that students demonstrate competency of academic standards in Reading, Language/Writing, Mathematics, Science, Social Studies and Technology before being promoted from grade to grade. This competency may be demonstrated through grade level achievement on classroom performance, and/or a District standardized test.
To date, ________________________________________ has not fulfilled the expectations in the areas checked below:
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After careful evaluation, we have determined that it is in the best interest of your child that he/she be retained. We feel that another year in this grade will provide him/her the time necessary to master the basic skills that are so vital for success in the future. An appeal of this decision can be made to the Governing Board. Should you want to appeal this decision, you must attain a Promotion Appeal form from the homeroom teacher. For non-promoting students, this form must be completed and submitted to the Principal at the school site no later than the Wednesday, after the first Friday in May.
Our school staff stands ready to assist your child in reaching the required achievement levels and we look forward to working with both of you next year. By working closely together, we are hopeful that your child can attain grade-level achievement. If you have any questions, please don't hesitate to call.
Please sign and return this letter to the Principal's office. We are very anxious to help your child achieve mastery at his/her grade level and will continue to communicate with you regarding your child's progress.
Sincerely,
______________________________________ _________________________
Principal's Signature Date
______________________________________ _________________________
Teacher's Signature Date
______________________________________ _________________________
Parent's Signature Date
DO NOT MARK BELOW THIS LINE - INFORMATION BELOW
IS FOR SCHOOL USE ONLY
Returned to: ______________________________ Date returned: ___________
Signed original placed in student's file: Yes ◻ No ◻
Additional Notes: ____________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
REGULATION
PROMOTION AND RETENTION
OF STUDENTS
KINDERGARTEN THROUGH EIGHTH GRADE
PROMOTION INTERVENTION PLAN
School Year: ___________________________________________
School Name: __________________________________________
Student Name: __________________________________________
The Peoria Unified School District is responsible for the educational placement of all of its students. Every effort will be made to ensure that each student will receive appropriate educational services in accordance with his/her academic, social and emotional development.
Promotion decisions will be made on an individual basis. If the teacher determines that your son/daughter has not met grade level competency and recommends retention, then the decision can be appealed to the District administration and the Governing Board.
A variety of educational interventions will be attempted and documented for each student before the option of non-promotion is recommended.
Targeted content areas are indicated below:
◻ Language Arts
◻ Reading
◻ Writing
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◻ Mathematics
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◻ Science
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◻ Social Studies
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◻ Technology
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Student responsibilities regarding the Promotion Intervention Plan include the following:
◻ Complete daily class assignments.
◻ Complete daily homework assignments.
◻ Attend school one hundred percent (100%) of the time, unless ill.
◻ Provide notes from home and/or doctor for all absences.
◻ Enter class assignments daily in the student agenda.
◻ Deliver all written communications from teachers home to parents/guardians
and return to the homeroom teacher with parent/guardian signature(s).
◻ Demonstrate appropriate classroom behavior.
◻ Attend and participate in tutoring sessions after school.
◻ Subject area(s):
◻ Day(s) and time(s) of attendance:
Parent responsibilities regarding the Promotion Intervention Plan include the following:
◻ Participate in all mutually scheduled meetings.
◻ Assure student is at school on time each day.
◻ Provide transportation from all tutoring sessions.
◻ Practice drill assignments with student.
◻ Provide a quiet place for homework.
◻ Assure student attends school for the entire school day.
◻ Assure child attends school one hundred percent (100%) of the time,
unless ill.
◻ Provide notes from home and/or doctor for all absences.
◻ Review the student's homework each day.
◻ Read and respond to all teacher correspondence sent home.
Teacher strategies to be used in the Promotion Intervention Plan include the following:
◻ Provide daily homework and a log of assignments (IgPro class printouts).
◻ Return graded homework and class assignments as soon as possible.
◻ Provide drill and practice materials for home use.
◻ Communication with parent/guardian once a week regarding academic
progress and behavior.
Method of communication:
◻ Contact the parent about any unexcused student absences.
◻ Provide schedule of after school tutoring sessions:
◻ Subject area(s):
◻ Day(s) and time(s) of attendance:
We have reviewed the Promotion Intervention Plan and are in agreement with its contents. Progress on the plan will be reviewed by the first Monday in April.
______________________________________ _________________________
Parent/Guardian Signature Date
______________________________________ _________________________
Student's Signature Date
______________________________________ _________________________
Teacher's Signature Date
______________________________________ _________________________
Teacher's Signature Date
______________________________________ _________________________
Other (Title) Signature Date
______________________________________ _________________________
Other (Title) Signature Date
______________________________________ _________________________
Principal's Signature Date
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REGULATION
PROMOTION AND RETENTION
OF STUDENTS
PROMOTION/RETENTION APPEAL FORM
(Grades Kindergarten - Eight)
Student Name: _______________________________________________________
Parent Name: _______________________________________________________
Address: ___________________________________________________________
House number City & State Zip Code
Phone Number: ( )
I, the undersigned do not accept the decision of: ____________________________
Name of Teacher
a teacher at: ___________________________ to ___________________________
Name of School Promote or Retain
my child. I am requesting a Governing Board review of the teacher's decision. I understand Arizona law specifies that a teacher has the final decision in such matters, but based on District prescribed standards, I am requesting that the Governing Board review the teacher's decision based on the following reasons (additional documentation is attached):
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
Notice:
This appeal form must be submitted to the school principal no later than the Wednesday after the first Friday in May.
______________________________________ _________________________
Signature ofParent/Guardian Date
______________________________________ _________________________
Signature of Principal Date
______________________________________ _________________________
Signature of K-12 Administrator Date
who reviewed and verified that the protocol
procedure was followed in its entirety.
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: date of Manual adoption <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-105
15-701.01
15-1821
Section 63, Arizona Laws 2009, HB2011
REGULATION
PROMOTION AND RETENTION
OF STUDENTS
GUIDELINES FOR PARENT NOTIFICATION AND
COMMUNICATION PROTOCOL FOR
NON-GRADUATING SENIORS
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Graduation 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:
● StudentsA. Students who wish to participate must be present at the rehearsals. Failure to do so, except for
legitimate reasonslegitimate reasons for absence, may be cause for excluding students from participating in the exercises.
● StudentsB. Students may not participate in the commencement exercises unless they have successfully completed
the requirementsthe requirements for graduation.
● AwardsC. Awards to seniors will be printed on the commencement program and announced at the exercises only
in casesin cases where the recipients have been selected solely by the school.
● OtherD. Other awards to graduating seniors selected by persons or organizations outside the school may
be presentedbe presented at the final awards assembly if approved by the principal.
Adopted: date of Manual adoption <-- z2AdoptionDate -->
REGULATION
PROMOTION AND RETENTION
OF STUDENTS
RETENTION RATIONALE
(K-8th Grade)
Student Name:
(Print Name) ____________________________ Grade: ____ School: ___________
Teacher:
Print Name) _____________________________
Please include the following items in your rationale for retention:
1. Grades 5. Social/Emotional
2. Attendance 6. Special Ed/504
3. AIMS Scores 7. Completed Record of Communication
4. Test Scores 8. Signed Notification Letters that were sent home
Rationale:
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
(If more room is needed, please use additional page if necessary and attach it to this form)
_________________________________________ ________________________
Signature of Teacher Date
_________________________________________ ________________________
Signature of Principal Date
Rationale (continued):
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
Page _____ of _____
~ Print this Page as Needed ~
REGULATION
PROMOTION AND RETENTION
OF STUDENTS
PROMOTION/RETENTION
APPEAL NOTIFICATION OF SUBMISSION
Date
To the Parent/Guardian of __________________________________
Your school principal has submitted your promotion/retention appeal form to the Peoria Unified School District Superintendent. The appeal form was appropriately filled out and received in a timely fashion. The kindergarten through grade twelve (K-12) Administration at the District Office has reviewed your appeal and has scrutinized the procedures that your elementary school utilized to intervene with your child's academic progress. Your appeal and school documentation has been forwarded to the Peoria Unified School District Governing Board.
In accordance with State law and District Policies and Procedures, the Peoria Unified School District Governing Board has the discretionary authority to review your appeal or deny the appeal. If they deny the appeal, the teacher's decision to retain your child will be upheld. If the Governing Board hears your appeal, it is your responsibility to articulate and document how your child has met State and District Academic Grade Level Standards and provide evidence which supports your appeal. Enclosed with this letter are copies of the Peoria Unified School District Policy and the Arizona Statutes that address this appeal process and your role and responsibilities.
It is essential for you to contact the K-12 Administrative Office at 486-6000 to validate your interest to continue the appeal of your son's/daughter's promotion/retention. Additionally, you are asked to submit your supporting documents to the District Office, located at 6330 West Thunderbird Road, no later than June 8, 2010. Once these documents have been received, we will provide you with more specific times and dates for your scheduled hearing with the Governing Board.
The Peoria Unified School District appreciates your efforts to advocate for a quality education for your son/daughter.
Professionally,
K-12 Administration
(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.
● A B. A District testing program that will be subject to regular review and evaluation.
● InC. 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 two (2) through twelve (12) shall be administered, at least once each year, a standardized, nationally-normed written test of academic subject matter given in English except that students with disabilities will be included with appropriate accommodations and alternate assessments where necessary in accord with their respective Individual Education Program.
Adopted: date of Manual adoption
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: <-- 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
PROMOTION AND RETENTION
OF STUDENTS
PROMOTION/RETENTION APPEAL DOCUMENTATION
PREPARATION GUIDELINES FOR TEACHER/PRINCIPAL
Once an Appeal Application Form has been submitted by a parent of a student who is being promoted or retained, it is the responsibility of the principal and teacher(s) to compile and deliver the following supporting documentation to the DAC/K-12 administrator (Note: Compiled notebooks must include all sections below in this order):
1. Cover Page
a. Student Name
b. Student Grade Level
c. Name of School
2. Appeal
a. Application Form Completed by the Parent
b. Any Other Documentation Attached to Application Form
3. Rationale
a. Teacher's Written Rationale for Retention/Promotion
b. Supporting Documentation (Grades, Progress Reports, Report Cards,
Benchmarks, etc.)
4. Record of Communication
a. Checked Off Record of Communication Form
b. Copies of Communication Letters/Intervention Plan
5. Protocol
a. Copy of District's Protocol Forms/Process
6. District Policy and State Statute
a. Copy of District Policy Regarding the Retention/Promotion Process
b. Copy of State Statute Regarding the Retention/Promotion Process
The principal will deliver ten (10) copies in notebooks to the DAC/K-12 administrator no later than a week after the appeal has been received. The principal and teachers should be available in case the K-12 administrator needs to follow up once the notebooks have been submitted. These notebooks will be distributed to the Governing Board, Superintendent, and K-12 administrators before the hearing date.
The Superintendent will notify the principal, teacher(s), and parents of the scheduled appeal hearing with the Governing Board.
(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:
● Keep A. Keep all test materials in locked storage.
● Not B. Not reproduce any test materials in any manner.
● Not C. Not disclose any actual test items to students prior to testing.
● Not D. Not provide answers of any test items to any students.
● Administer E. Administer only practice tests that are provided by the test publishers. Previous editions of the test series being series being used in the statewide testing program may not be used as practice tests.
● Strictly F. Strictly observe all timed subtests. The test publishers' suggested time limits for untimed subtests shall be followed be followed as closely as possible in order to maintain uniformity in test administration.
● Follow G. Follow directions for administering the test explicitly. No test item may be repeated unless otherwise indicated in indicated in the directions.
● Not H. Not change a student's answer.
● I. Return all test materials to the Superintendent immediately upon completion of testing.
Failure to comply with these requirements or others as required by Arizona Revised Statutes or by other rules or regulations shall be considered cause for discipline, including but not limited to suspension or termination. All violations of this policy shall be reported to the State Superintendent of Public Instruction.
Standards Adopted by 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
REGULATION
PROMOTION AND RETENTION
OF STUDENTS
HIGH SCHOOL GRADUATION STATEMENT
Principal's Statement
"� and now with pride and pleasure, as Principal of (Name of School) High School, I certify that each of these students has met the requirements for graduation as set forth by the State of Arizona and the Peoria Unified School District. I present this class to (Mr./Mrs./Ms.) (School Board Member's Name), (President/Clerk/Member) of the Peoria Unified School District Governing Board. (Mr./Mrs./Ms.) (School Board Member's Name), I respectfully request that you accept these graduates and that you confer diplomas on them."
Board Member's Statement
"On behalf of the Governing Board of the Peoria Unified School District and by the authority vested in me by the State of Arizona, I accept this recommendation that the (Name of School) High School Class of (Graduating Year) has met the requirements for graduation. (Mr./Mrs./Ms.) (Principal's Name), please present the graduates to receive their diplomas."
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
(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 -->
REGULATION
TEACHING METHODS
(Lesson Plans)
Guidelines for the implementation of this administrative regulation shall include:
● Lesson A. Lesson plans shall be developed according to District-wide formats and shall reflect the scope and sequence of sequence of the courses of instruction. Acceptable alternatives may be approved by the principal.
● Lesson B. Lesson plans shall demonstrate the correlation of the lesson with State Board standards when applicable.● Lesson
C. Lesson plans should include information pertinent to the effective implementation of a lesson.
When commerciallyWhen commercially prepared plans are in use, lesson plans may simply refer to the appropriate aspects
of suchof such plans.
● WhileD. While teachers are required to be thoroughly prepared for each daily lesson, plans may be prepared
for eachfor each lesson or on a long-term basis (i.e., unit of work), whichever is most appropriate. Material to be
used inused in a lesson(s) - such as duplicated material, cassette tapes, films, filmstrips, transparencies - may serve
as an integralas an integral part of the plan.
● LessonE. Lesson plans for individualized programs should be consistent with the general overview and purpose
of the instructionalof the instructional program. The progress of individual student(s) must be a consideration in the plan.
● TeachersF. Teachers are to provide adequate directions for substitutes, the purpose of which shall be to continue,
if possibleif possible, the ongoing program or, if more appropriate, a meaningful educational alternative that
relates to therelates to the subject area.
● The G. The provision that copies of lesson plans must be available for substitute teachers.
Democratic tradition often involves dealing with controversial issues. Knowledge and understanding of such issues are an indispensable part of education.
The teacher holds a position of authority and respect in the classroom and community, and by virtue of that position has great influence in the formation of the values of all students. It must be clear that personal views are not a part of the instructional program and must be tempered by the responsibility to maintain professionalism.
To ensure that controversial issues are dealt with fairly and objectively, and with instruction as their goal, such issues may be a part of the curriculum as long as the following policies are observed:
● TeachersA. Teachers should instruct students in the principles and techniques of the scientific method and
provide opportunitiesprovide opportunities for practice in applying established facts to specific problems.
● TeachersB. Teachers should seek to develop in students the ideals of truth and honesty.
● AllC. All personnel should seek to create an atmosphere in which difference of opinion can be voiced without
fear andfear and hostility and with mutual respect for all viewpoints.
● ConstitutionalD. Constitutional guarantees of due process and freedom of speech will continue to be observed as to
students andstudents and teachers alike when they are involved in a controversial issue.
● TeachersE. Teachers should encourage the suspension of judgment and conclusions until all relevant and significant
facts havefacts have been assembled, critically examined, and checked for accuracy.
● TeachersF. Teachers should seek to develop in students a sense of responsibility for their beliefs, opinions, attitudes,
and actionsand actions.
● TeachersG. Teachers should place major emphasis upon "why" and "how" to think rather than "what" to think.
Adopted: date of Manual adoption <-- z2AdoptionDate -->
The following shall be adhered to regarding required opening exercises and school programs as they pertain to customs and holidays:
● Each A. Each student shall be provided with an opportunity to participate in the Pledge of Allegiance or other patriotic observance patriotic observance each day.
● Each B. Each student in grades four (4) through six (6) shall recite the following passage from the Declaration of Independenceof Independence:
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by
their creatortheir creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness.
ThatThat to secure these rights, governments are instituted among men, deriving their just powers from
the consentthe consent of the governed..."
● Each C. Each teacher in charge of a classroom for the first class of each day shall conduct a period of meditation, not to not to exceed one (1) minute in duration. No other activities will be allowed in the classroom at that time.
● Students D. Students whose parents have informed the school that they are not to take part in the meditation period or patriotic or patriotic observances will be expected to observe the courtesy of not disturbing others.
● When E. When special days or significant events are recognized, it is recommended that appropriate classroom and assembly and assembly programs be presented in keeping with the traditional and historical significance of the event or season.
Adopted: date of Manual adoptionor 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: <-- 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 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 including a physical, sensory, psychiatric, intellectual or other mental disability. Service animal does not include other species of animals, whether wild or domestic or trained or untrained.
Any person or entity that operates a public place shall not discriminate against individuals with disabilities who use service animals if the work or tasks performed by the service animal are directly related to the individual's disability. Work or tasks include assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing nonviolent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities and helping individuals with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort or companionship do not constitute work or tasks.
Adopted: December 17, 2013 <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
11-1024
A.A.C.
R17-9-102
REGULATION
GRADUATION REQUIREMENTS
(Alternative Graduation Requirement)
Pursuant to A.R.S. 15-701.02, A.A.C. R7-2-302.06 and R7-2-302.07, a pupil who fails to achieve a passing score on the State Board required competency test in reading, writing, and mathematics assessment for high school graduation during the 2007-2008 through the 2010-2011 school years and thereafter may graduate if the student meets the alternative graduation requirements. Using the state approved formula, this process allows a pupil to augment their State Board required competency test scores with additional points derived from classroom performance. The pupil must meet the eligibility requirements described below to be eligible to receive augmentation points. Points are calculated using grades of C or better in the state specified credits of required coursework.
● Threshold determination:
■ If a student's augmented assessment scores would not meet or exceed the "Meets the Standard" threshold if augmented by twenty-five percent (25%) for school years 2007-2008 and 2008-2009, by fifteen percent (15%) for school year 2009-2010, or by five percent (5%) for school year 2010-2011 and thereafter, no additional credit shall be calculated per A.R.S. 15-701.02(c).
● Eligibility requirements for augmentation:
■ The student must have completed with a passing grade all coursework and credits prescribed for the graduation of pupils from high school by the governing board of the student's school district or charter school.
■ The student must have taken the State Board standards assessment at every administration when the pupil was eligible to take the test after August 12, 2005.
■ The student must have participated in any academic remediation program available in the student's school in those subject areas where the student failed to achieve a passing score on the State Board competency test.
● Failure to meet eligibility requirements - Appeal:
■ If a student is not eligible for the standards assessment score augmentation due to failure to:
■~ Have taken the State Board competency test at every administration when the pupil was eligible to take the test after August 12, 2005. An appeal, following the procedures indicated below, may be requested in which the student or parent shall have the burden of demonstrating what circumstances prevented compliance with this requirement. An appeal should be granted only upon presentation of credible evidence that extreme circumstances made the student ineligible for each State Board competency test administration the student did not attend.
■~ Have participated in any academic remediation program available in the student's school in those subject areas where the student failed to achieve a passing score on the State Board competency test. An appeal, following the procedures indicated below, may be requested in which the student or parent shall have the burden of demonstrating what circumstances prevented compliance with this requirement. An appeal should be granted only upon presentation of credible evidence that the student participated in a least one state or school sanctioned remediation program in those subject areas where that student failed to achieve a passing score on the State Board competency test.
● Appeal procedure:
■ If a senior student fails a subject matter competency test, that student may request an appeal by submitting a petition form prepared by the District to the high school principal within ten (10) days of being notified of failure to achieve "Meets the Standard" on any section of the State Board competency test. The principal shall be the hearing authority for all appeals.
■ School officials shall provide adequate notice to the pupil and the pupil's parents or guardians regarding the date, time, and place of the appeal. A pupil or a pupil's representative may participate in the appeal either personally, by telephone, or by providing written documentation.
■ The student or parent shall have the burden of demonstrating what circumstances prevented compliance with the requirements.
■ An appeal shall be granted only (see Suggested Basis for Appeal below):
■~ Upon presentation of credible evidence that extreme circumstances made the student ineligible for each State Board competency test administration the student did not attend.
■~ Upon presentation of credible evidence that the student participated in a least one (1) state or school sanctioned remediation program in those subject areas where that student failed to achieve a passing score on the State Board competency test.
■ The response to the appeal shall be in writing within five (5) days of the appeal hearing.
■ The decision of the principal is final.
Suggested Basis for Appeal
A student who has not satisfied the requisites of A.A.C R7-2-602.6 (C)(2) and/or (3) to qualify for the alternative graduation requirement may appeal the determination to the Governing Board when one (1) or more of the conditions listed below exist:
● The student was precluded from taking all available administrations of the AIMS assessment, or has not fully participated in the school's academic remediation program, due to a bona fide emergency. For the purpose of this policy a bona fide emergency is defined as a circumstance beyond the student's or the student's family's control. Examples of a bona fide emergency may include, but are not limited to the following:
■ The student's sudden serious illness or injury simultaneously with the assessment or remediation program offering as attested as affirmed by a licensed medical practitioner.
■ The sudden serious illness, injury, or death of an immediate member of the student's family, as defined in Board Policy GCCA, when such circumstance prevented the student's attendance for an assessment or a remediation program offering, and when affirmed by a licensed medical practitioner.
■ Weather or road conditions that interfered with the student's attendance at the assessment or remediation program offering when the condition was declared by or has been verified with appropriate public authorities.
■ A religious event of the student's and/or the student's family's faith when the student and/or the student's family have historically and consistently participated in the religious event in lieu of any other event occurring at the same time.
The school principal must have received from the student's parent(s) written, dated, and signed notification within twenty-four (24) hours, or as soon thereafter as is practicable, of any event that prevented the student from participating in the assessment or the remediation program offering. Notification by telephone or other means may temporarily suffice, but must be validated by a written, dated, and signed notification not less than fourteen (14) calendar days from the date of the event.
Other extreme and extraordinary circumstances may be considered for appeal by the Board when credible evidence is provided affirming actual occurrence of the extreme and extraordinary circumstance.
REGULATION
ANIMALS IN SCHOOLS
Animals may be brought into the classroom for educational purposes. However, they must be appropriately and humanely cared for, and properly handled. Any person who wishes to bring an animal into the classroom must receive prior permission from the principal. The following guidelines shall apply to animals in the schools:
● Prior A. Prior to granting permission, teachers should check with the school nurse regarding any known allergies among allergies among students in the classroom. If allergies exist, parents must be contacted for further direction.
● Animals B. Animals shall not be transported on school buses.
● Teachers C. Teachers must assume primary responsibility for the humane and proper treatment of any animals in the classroomthe classroom.
● Only D. Only the teacher or students designated by the teacher are to handle the animals.
● If E. If animals are to be kept in the classroom on days when classes are not in session, the teacher must make arrangements make arrangements for their care and safety.
● Staff F. Staff members or students who have been bitten by an animal shall report such incident to the principal and the and the nurse immediately. The principal should notify the public health authorities if the injury merits medical followmedical follow-up. Public health authorities should determine the appropriate action and period of confinement for an for an animal if an injury results. Any animal involved in a serious injury must be impounded until authorization for authorization for release is granted by health authorities.
EXHIBIT
ADMISSION OF
RESIDENT STUDENTS
RESIDENCY DOCUMENTATION FORM
Student ______________________________ School __________________
School District or Charter Holder ____________________________________
Parent/Legal Guardian ____________________________________________
As the Parent/Legal Guardian of the Student, I attest that I am a resident of the State of Arizona and submit in support of this attestation a copy of the following document that displays my name and residential address or physical description of the property where the student resides:
_____ Valid Arizona driver's license, Arizona identification card or motor vehicle registration
_____ Valid U.S. passport
_____ Real estate deed or mortgage documents
_____ Property tax bill
_____ Residential lease or rental agreement
_____ Water, electric, gas, cable, or phone bill
_____ Bank or credit card statement
_____ W-2 wage statement
_____ Payroll stub
_____ Certificate of tribal enrollment or other identification issued by a recognized Indian tribe that contains an Arizona address
_____ Documentation from a state, tribal or federal government agency (Social Security Administration, Veteran's Administration, Arizona Department of Economic Security)
_____ I am currently unable to provide any of the foregoing documents. Therefore, I have provided an original affidavit signed and notarized by an Arizona resident who attests that I have established residence in Arizona with the person signing the affidavit.
___________________________________ ________________________
Signature of Parent/Legal Guardian Date
Reproduction of ADE FORM 2306606 which may be used in lieu of this document.
REGULATION
GRADUATION REQUIREMENTS
(Graduation Credit Requirements)
Students transferring from a traditional six (6) period schedule to the four (4) period block schedule used in the District must meet the requirements set forth in this conversion table.
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The graduation plan must meet the State of Arizona course requirements.
Students who transfer from other types of credit systems will have their graduation requirements determined based upon the number of credit opportunities, curriculum considerations, and credit reciprocation. The principal shall have the final approval on graduation requirements for transferring students.
Students who transfer to PUSD once the semester has already begun will be afforded the opportunity to prove mastery of course material for the courses in which they enrolled upon completion of that semester. This mastery may be proved in a number of ways such as District benchmark examinations, end of course assessments, et cetera. The decision to award credit for these courses will lie solely with the principal.
The Superintendent shall establish regulations limiting class interruptions, with particular emphasis on use of communication devices and interruptions by salespersons or visitors.
Adopted: date of Manual adoption <-- z2AdoptionDate -->
EXHIBIT
ADMISSION OF
RESIDENT STUDENTS
AFFIDAVIT OF SHARED RESIDENCE
I swear or affirm that I am a resident of the State of Arizona and that the persons listed below reside with me at my residence, described as follows:
Persons who reside with me:
______________________________________________________________
______________________________________________________________
______________________________________________________________
Location of my residence:
______________________________________________________________
______________________________________________________________
I submit in support of this attestation a copy of the following document that displays my name and current residence address or physical description of my property:
_____ Valid Arizona driver's license, Arizona identification card or motor vehicle registration
_____ Valid U.S. passport
_____ Real estate deed or mortgage documents
_____ Property tax bill
_____ Residential lease or rental agreement
_____ Water, electric, gas, cable, or phone bill
_____ Bank or credit card statement
_____ W-2 wage statement
_____ Payroll stub
_____ Certificate of tribal enrollment or other identification issued by a recognized Indian tribe
_____ 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 ____________
The foregoing was acknowledged before me this ___ day of __________, 20___,
By ______________________________________________________________.
My Commission Expires
___________________ ___________________________________________
Notary Public
Reproduction of ADE FORM 2306606 which may be used in lieu of this document.
REGULATION
CLASS INTERRUPTIONS
It will be the responsibility of the principal to limit the clerical duties of classroom teachers as much as possible and to reduce, to a minimum, interruptions of classroom programs. Teachers should not be called out of their classrooms for telephone calls, salespersons, or visitors. Exceptions may be made in emergencies. The classroom setting shall not be interrupted by the use of the interschool communication system unless authorized by the principal.
EXHIBIT
TUITION / ADMISSION OF
NONRESIDENT STUDENTS
RESIDENCY DOCUMENTATION FORM
Student ______________________________ School __________________
School District or Charter Holder ____________________________________
Parent/Legal Guardian ____________________________________________
As the Parent/Legal Guardian of the Student, I attest that I am a resident of the State of Arizona and submit in support of this attestation a copy of the following document that displays my name and residential address or physical description of the property where the student resides:
_____ Valid Arizona driver's license, Arizona identification card or motor vehicle registration
_____ Valid U.S. passport
_____ Real estate deed or mortgage documents
_____ Property tax bill
_____ Residential lease or rental agreement
_____ Water, electric, gas, cable, or phone bill
_____ Bank or credit card statement
_____ W-2 wage statement
_____ Payroll stub
_____ Certificate of tribal enrollment or other identification issued by a recognized Indian tribe that contains an Arizona address
_____ Documentation from a state, tribal or federal government agency (Social Security Administration, Veteran's Administration, Arizona Department of Economic Security)
_____ I am currently unable to provide any of the foregoing documents. Therefore, I have provided an original affidavit signed and notarized by an Arizona resident who attests that I have established residence in Arizona with the person signing the affidavit.
___________________________________ ________________________
Signature of Parent/Legal Guardian Date
Reproduction of ADE FORM 2306606 which may be used in lieu of this document.
EXHIBIT
GRADUATION REQUIREMENTS
ALTERNATIVE GRADUATION REQUIREMENTS
APPEAL FORM
Appeal procedure:
● The student may request an appeal by submitting a request on a petition form prepared by the District to the high school principal within ten (10) days of being notified of failure to achieve "Meets the Standard" on any section of the State Board competency test. The principal shall be the hearing authority for all appeals.
● School officials shall provide adequate notice to the pupil and the pupil's parents or guardians regarding the date, time, and place of the appeal. A pupil or a pupil's representative may participate in the appeal either personally, by telephone, or by providing written documentation.
● The student or parent shall have the burden of demonstrating what circumstances prevented compliance with the requirements.
● An appeal shall be granted only:
■ Upon presentation of credible evidence that extreme circumstances made the student ineligible for each State Board competency test administration the student did not attend.
■ Upon presentation of credible evidence that the student participated in a least one state or school sanctioned remediation program in those subject areas where that student failed to achieve a passing score on the State Board competency test.
● The response to the appeal shall be in writing within five (5) days of the appeal hearing.
● The decision of the principal is final.
Date: ______________________
Student Name: ________________________________ Grade: ______________
Projected Graduation Date: _____________________
Parent/Guardian Name: ________________________________________________
Requirement(s) being appealed: (check one [1] or both boxes if applicable)
◻ Has not taken the AIMS assessment each time the test was offered.
◻ Has not participated in at least one (1) available academic remediation
program as described:
Based on the box(es) checked above, provide evidence to support your appeal. Evidence must demonstrate "extreme circumstances" causing an inability to meet the augmentation requirements.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
_________________________________________ ______________________
Signature Date
The Superintendent will establish an environment conducive to the best learning achievement for each student through meeting the following goals:
● To A. To individualize the learning program in order to provide appropriately for each student.
● To B. To protect and observe the legal rights of students.
● To C. To enhance the self-image of individual students through helping them feel respected and worthy, and through a through a learning environment that provides positive encouragement.
● To D. To provide an environment of reality in which students can learn personal and civic responsibility for their actions their actions through meaningful experiences as school citizens.
● To E. To deal with students in matters of discipline in a just and constructive manner.
● To F. To provide, in every way feasible, for the safety, health, and welfare of students.
● To G. To promote regular attendance and good work.
Adopted: date of Manual adoption <-- z2AdoptionDate -->
EXHIBIT
TUITION / ADMISSION OF
NONRESIDENT STUDENTS
AFFIDAVIT OF SHARED RESIDENCE
I swear or affirm that I am a resident of the State of Arizona and that the persons listed below reside with me at my residence, described as follows:
Persons who reside with me:
______________________________________________________________
______________________________________________________________
______________________________________________________________
Location of my residence:
______________________________________________________________
______________________________________________________________
I submit in support of this attestation a copy of the following document that displays my name and current residence address or physical description of my property:
_____ Valid Arizona driver's license, Arizona identification card or motor vehicle registration
_____ Valid U.S. passport
_____ Real estate deed or mortgage documents
_____ Property tax bill
_____ Residential lease or rental agreement
_____ Water, electric, gas, cable, or phone bill
_____ Bank or credit card statement
_____ W-2 wage statement
_____ Payroll stub
_____ Certificate of tribal enrollment or other identification issued by a recognized Indian tribe
_____ 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 ___________________
The foregoing was acknowledged before me this ___ day of __________, 20___,
By ______________________________________________________________.
My Commission Expires
___________________ ___________________________________________
Notary Public
Reproduction of ADE FORM 2306606 which may be used in lieu of this document.
EXHIBIT
GRADUATION REQUIREMENTS
AUGMENTATION POINTS CALCULATIONS
Threshold Determination
Multiply "Meets the Standard" for each section of the State Board competency test by the factor listed below by year of graduation to determine the score that must be met at a minimum before the augmentation procedure may be completed.
Graduation year Factor
2007-2008 and 2008-2009 .75
2009-2010 .85
2010-2011 and thereafter .95
Example: In the graduation year 2008-2009 if the "Meets the Standard" score for reading were to be 674. Then, multiplying 674 times .75 produces 505.5, rounded to 506, would produce the test score below which no augmentation scores will be calculated and for which no appeal would be allowed for the year 2008-2009. The "Meets the Standards Scores" will be determined the State.
Calculation of Augmentation points to be used for each competency test section failed when the threshold is met.
Only classes that satisfy the specifically required subject matter credits by the State Board for graduation shall be included in the calculation of the augmentation score. Use the highest grades earned or if advanced placement/honors courses the grade credited with the most points per R7-2-302.07(E)(b & c).
Credits
Additional
Course Name Grades (1)(2) Points
1) ____________________________ ________________ ________________
English or ESL
1) ____________________________ ________________ ________________
English or ESL
1) ____________________________ ________________ ________________
English or ESL
1) ____________________________ ________________ ________________
English or ESL
1) ____________________________ ________________ ________________
AZ and US History and Constitution
.5) ____________________________ ________________ ________________
AZ and US History and Constitution
1) ____________________________ ________________ ________________
World History/Geography
1) ____________________________ ________________ ________________
Mathematics
1) ____________________________ ________________ ________________
Mathematics
1) ____________________________ ________________ ________________
Science
1) ____________________________ ________________ ________________
Science
1) ____________________________ ________________ ________________
Fine Arts or Vocational Education
TOTAL of 11.5 credits Total added points ( )
for 2009 through 2011
Total added points divided by 11.5 equals
Average Additional Points per Credit _______________
Average Additional (Pupil's Original Augmentation
Points per Credit times Score, by Section) equals Points
100
Augmentation points may be added to the highest score on each section of the State Board competency test that the student may have taken.
If the augmented score of the student exceeds the passing score on the competency test, the student shall be considered to have passed the competency test in that area for graduation purposes.
(1)Advanced Placement or Honors
A equals twenty-five (25) times credits equals points
B equals twenty (20) times credits equals points
C equals fifteen (15) times credits equals points
D or F equals zero (0)
(2) Other eligible grades
A equals twenty (20) times credits equals points
B equals fifteen (15) times credits equals points
C equals twelve (12) times credits equals points
D or F equals zero (0)
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
Arizona Constitution, Act XI, Sec. 6,
as amended by the Every Student Succeeds Act (ESSA) of 2015
CROSS REF.:
AC - Nondiscrimination
ACA - Sexual Harassment
GBA - Equal Employment Opportunity
GCQF - Discipline, Suspension, and Dismissal of Professional Staff Members
GDQD - Discipline, Suspension, and Dismissal of Support Staff Members
IHBA - Special Educational Programs and Accommodations for Disabled Students
JII - Student Concerns, Complaints and Grievances
JK - Student Discipline
JKD - Student Suspension
KED - Public Concerns/Complaints about Facilities or Services
EXHIBIT
GRADUATION REQUIREMENTS
NEW STUDENT TRANSFER GRADES
Student's Name __________________________________ Grade _____________
Last School Attended ________________________________________________
Student was enrolled or transferred to your class on ______________________
Teachers: Please enter the below grades into your grade book.
Period Subject Grade
_____ ________________________________ _______
_____ ________________________________ _______
_____ ________________________________ _______
_____ ________________________________ _______
_____ Student is enrolled on AUDIT status. Student has enrolled after the fourth (4th) week of the school year without transfer grades from an accredited school.
Students who transfer to Peoria Unified School District and the semester has already begun will be afforded the opportunity to prove mastery of course material for the courses in which they are enrolled upon completion of that semester. This mastery may be proved in a number of ways such as a District benchmark examination, end of course assessments, et cetera. The decision to award credit for these courses will lie solely with the principal.
Comments: ________________________________________________________________________
________________________________________________________________________
Graduation Requirement Modification
Date of Enrollment and Transcript Review ________________
Class of ______________________
Grade when enrolled __________
No. of semesters completed in a six (6) period day schedule ___________
Credits needed to graduate ___________
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Students who transfer from other types of credit systems will have their graduation requirements determined based upon the number of credit opportunities, curriculum considerations, and credit reciprocation. The principal shall have the final approval on graduation requirements for transferring students.
Comments: ________________________________________________________________________
________________________________________________________________________
________________________________ ________________________________
Signature of Student Date Signature of Parent Date
________________________________ ________________________________
Signature of Counselor Date Signature of Administrator Date
REGULATION
EQUAL EDUCATIONAL
OPPORTUNITIES
Compliance Officer
The Superintendent shall be the compliance officer. Any person who feels unlawfully discriminated against or to have been the victim of unlawful discrimination by an agent or employee of the District or who knows of such discrimination against another person should file a complaint with the Superintendent. If the Superintendent is the one alleged to have unlawfully discriminated, the complaint shall be filed with the President of the Board.
Complaint Procedure
The District is committed to investigating each complaint and to taking appropriate action on all confirmed violations of policy. The Superintendent shall investigate and document complaints filed pursuant to this regulation as soon as reasonable, within the established timelines. In investigating the complaint, the Superintendent will maintain confidentiality to the extent reasonably possible. The Superintendent shall also investigate incidents of policy violation that are raised by the Governing Board, even though no complaint has been made.
If after the initial investigation the Superintendent has reason to believe that a violation of policy has occurred, the Superintendent shall determine whether or not to hold an administrative hearing and/or to recommend bringing the matter before the Board.
If the person alleged to have violated policy is a teacher or an administrator, the due process provisions of the District's Policy GCQF shall apply, except that the supervising administrator may be assigned to conduct the hearing. In cases of serious misconduct, dismissal or suspension proceedings in accordance with A.R.S. 15-539 et seq., may be initiated.
If the person alleged to have violated policy is a support staff employee, the Superintendent may follow due process and impose discipline under Policy GDQD if the evidence so warrants. The Superintendent also may recommend a suspension without pay, recommend dismissal, or impose other appropriate discipline.
If the person alleged to have violated policy is a student, the Superintendent may impose discipline in accordance with Policies JK, JKD and JKE.
If the Superintendent's investigation reveals no reasonable cause to believe policy has been violated, the Superintendent shall so inform the complaining party in writing.
Timelines
The complaint must be filed within thirty (30) calendar days after the complaining party knew or should have known that there were grounds for a complaint/grievance.
Once the written complaint has been filed using the forms provided by the District, the Superintendent shall require the immediate supervisor or site administrator to investigate and respond in writing to the complaining party within ten five (105) working days.
If the immediate supervisor or site administrator does not respond, the Superintendent will have twenty ten (2010) additional working days to respond in writing to the complaining party.
If the Superintendent does not respond within the established time, then the complaining party may request in writing that the issue be brought before the Board. The Board will then review the record of the investigation and have thirty (30) days to respond to the complaining party in writing.
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 host families of foreign exchange students who attend District schools must reside within the attendance area of the school that will be attended.
High school diplomas will not be awarded. A certificate of achievement attendance may be awarded at the graduation commencement when appropriate.
Sponsoring organizations must provide evidence that each student has sufficient oral and reading proficiency in the English language to assure profitable educational and social experiences during the exchange year.
Each foreign student should plan to attend a District school for the school year, not for a single semester or a partial school year. Exceptions may be approved by the principal.
Each school may determine whether it is a requirement for host families to have teen-agers who attend the host school.
The District does not provide foreign students with financial assistance for such things as class rings, yearbooks, activity cards, or lunches.
Each school shall designate a person (school coordinator) to be the contact between the school and the sponsoring organization, to the host family and the District office.
EXHIBIT
EQUAL EDUCATIONAL
OPPORTUNITIES
COMPLAINT FORM
(To be filed with the compliance officer as provided in JB-R)
Please print:
Name Name ____________________________________ ____ Date _______________
Address ____________________________________________________________Telephone
Telephone __________ Another Another phone where you can be reached __________
During the hours of ________________________________________________
E-mail address ______________________________________________________
I wish to complain against:
Name of person, school (department), program, or activity activity __________________
________________________________________________________________________
________________________________________________________________________
Address ____________________________________________________________
Specify your complaint by stating the problem as you see it. Describe the incident, the participants, the background to the incident, and any attempts you have made to solve the problem. Be sure to note relevant dates, times, and places.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
If there is anyone who could provide more information regarding this, please list name(s), address(es), and telephone number(s).
Name Address Telephone Name Address Telephone Number
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
The projected solution
Indicate what you think can and should be done to solve the problem. Be as specific as possible.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
I certify that this information is correct to the best of my knowledge.
____________________________________
Signature of Complainant
The compliance officer, as designated in JB-R, shall give one (1) copy to the complainant and shall retain one (1) copy for the file.
(In District)
The attendance areas of the District will be established by the Board. Students will attend school in the attendance areas in which their respective residences are located. Exceptions to this policy may be made for open enrollment, unsafe school choice options, special placements based on Individualized Educational Programs, disciplinary actions, available curricula and in the case of homeless students, continued attendance in their school of origin.
The Governing Board recognizes that the proposed adoption of attendance boundaries or change in current attendance boundaries is a topic which will generate much concern and interest by all who may be affected. Therefore, Board meetings to discuss proposed changes to attendance boundaries shall have comment periods and will be preceded by prior notification to parents and guardians of students and residents of the households to be affected by the proposals being discussed. The notice shall be by means intended to reach the largest number of persons to be affected. At least one (1) meeting shall be held to present the maps of proposed attendance boundaries and receive comments from those affected. These maps and the notice of such a meeting shall be made available on the District's website, if one is available.
Following Board action, parents, guardians and residents affected by a boundary change decision will be informed by means of the minutes and other school and District communications. These will be placed on the District's web site, if one is available. Within ninety (90) days of the adoption of a boundary change by the Governing Board, attendance boundaries will be updated, made available to the public and, if available, placed on a District website. If a web site is available a direct link to the School District's attendance boundaries will be sent to the Department of Real Estate otherwise a copy of any change will be sent. If the boundary changes adopted by the Governing Board affect any school built on land donated to the District within the past five (5) years, the entity which donated the land will be informed of the Board's decision.
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. 95327912, No Child Left Behind ( Unsafe School Choice )Option
42 U.S.C. 11301, McKinney-Vento Homeless Assistance Act of 2001,
as amended by the Every Student Succeeds Act (ESSA) of 2015
CROSS REF.:
JFBA - Unsafe School Choice
REGULATION
GRADUATION EXERCISES
(Honors at High School Graduation Ceremonies)
The following system will be used to recognize outstanding academic achievement by seniors as they graduate:
● Students who complete a minimum of fourteen (14) honors/advanced placement (AP) courses, maintain a minimum of a three point two (3.2) grade point average (GPA), complete and defend a research designed portfolio project demonstrating academic excellence will graduate as a distinguished scholar.
● Students with a GPA in the top one percent (1%) of their class will graduate with highest honors.
● Students with a GPA in the top five percent (5%) of their class will graduate with honors.
● Students with a GPA in the top ten percent (10%) of their class will graduate with recognition.
● Members of the National Honor Society will be designated on the program.
REGULATION
SCHOOL ATTENDANCE AREAS
Recommendations to the Governing Board for the adoption of new attendance boundaries or change in current attendance boundaries will be presented along with a map at one (1) meeting that provides for comments on the proposed changes prior to discussion and action.
Parents/guardians of students and residents of the households affected by attendance boundary changes will be notified, whenever possible, a minimum of ten (10) days prior to the public meeting. The notice will include the time, place, date, a call for public input, and where a map delineating the proposed adoption/change may be viewed. Notice will be given by:
●A. A post card addressed to the zip codes plus four (4) digits of all affected postal residents located in
the attendancethe attendance area subject to change.
● WrittenB. Written notification to the parents or guardians of affected students provided by means of:
■ Weekly1. Weekly school lunch menus; or
■ Special2. Special communications; or
■ Newsletters3. Newsletters; or
■ Any4. Any similar means reasonably calculated to provide sufficient notice.
● BroadcastC. Broadcast and print media public announcements.
● PostingD. Posting of notice at the school and in places permitting notice posting in the area of student
attendance affectedattendance affected.
● InformationE. Information and a map delineating the proposed changes available in the school office and posted on
the Districtthe District's web site, if available.
The meeting will be held in a public facility, if one is available, in a location with proximity to the area suggested for school attendance change and which will accommodate the expected participants. Participation by parents/ guardians of students and residents of homes affected will be encouraged. Up to one (1) hour will be scheduled for receipt of affected persons' comments with the time for individual presentations determined by the time scheduled divided by the participants requesting to speak. Additional time may be allocated by specific Board action.
The parent or guardian is charged by law with responsibility for the student's consistent school attendance. The Superintendent will enforce the laws regarding attendance, with consideration for the variables that affect children and families. The Superintendent will place emphasis on the prevention and correction of the causes of absenteeism.
Adopted: date of 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 ATTENDANCE
Attendance Records
Each time a class meets, the teacher shall check and formally record the attendance of all students assigned to the class. The name of any absent student shall be entered on the prescribed attendance/absence report and be submitted to the office.
A master list of student absences will be prepared daily from attendance reports received in the office.
The school administrator is accountable for assuring that accurate and timely daily records of student membership and attendance are maintained.
It is unlawful for any child who is at least six (6) but not yet sixteen (16) years of age to fail to attend school during the hours that school is in session, unless such child is excused pursuant to:
● A. A.R.S. 15-802 (see attached exhibit) and verifiable records are kept of the reasons for excuse from the duties the duties prescribed.
● AB. A.R.S. 15-901 (for children with disabilities).
● The C. The child being provided instruction at home.
● The D. The child being accompanied by a parent or a person authorized by a parent.
Adopted: date of Manual adoption <-- z2AdoptionDate -->
EXHIBIT
COMPULSORY ATTENDANCE AGES
Every child between the ages of six (6) and sixteen (16) years shall attend a school and shall be provided instruction in at least the subjects of reading, grammar, mathematics, social studies, and science. The person who has custody of the child shall choose a public, private, charter, or home school as defined in A.R.S. 15-802 to provide instruction.
The parent or person who has custody of the child shall do the following:
● IfA. If the child will attend a public, private, or charter school, enroll the child and ensure that the child
attends the publicattends the public, private, or charter school for the full time that school is in session. If the child attends a
school that is operatedschool that is operated on a year-around basis, the child shall regularly attend during school sessions that
total not less thantotal not less than one hundred eighty (180) school days or two hundred (200) school days, as applicable,
or theor the equivalent as approved by the Superintendent of Public Instruction.
● IfB. If the child will attend a private school or home school, file an affidavit of intent with the County
School SuperintendentSchool Superintendent stating that the child is attending a regularly organized private school or is
being provided instructionbeing provided instruction in a home school, in accord with A.R.S. 15-802.
● IfC. If the child will attend home school, the child has not reached eight (8) years of age by September 1 of
the schoolthe school year, and the person who has custody of the child does not desire to begin home instruction until
the childthe child has reached eight (8) years of age, file an affidavit of intent pursuant to A.R.S. 15-802
statingstating that
the personthe person who has custody of the child does not desire to begin home school instruction.
A person is excused from the duties prescribed above if it is shown to the satisfaction of the school principal or the school principal's designee:
● TheA. The child is in such physical or mental condition that attendance at a public school is inexpedient
or impracticableor impracticable.
● TheB. The child has completed the high school courses necessary for completion of grade ten (10) as prescribed
by theby the State Board of Education.
● TheC. The child has presented reasons for nonattendance at a public school which are satisfactory to the
school principalschool principal or the school principal's designee. For purposes of this paragraph, the principal's designee
may be themay be the School District Governing Board.
● TheD. The child is over fourteen (14) years of age and is, with the consent of the person who has custody of
the childthe child, employed at some lawful wage-earning occupation.
● TheE. The child is an enrollee in a work training, career education, vocational, or manual training program that
meets themeets the educational standards established and approved by the Department of Education.
● TheF. The child was either suspended and not directed to participate in an alternative education program or
expelled fromexpelled from school as provided in law.
● TheG. The child is enrolled in an education program provided by a state educational or other institution.
Special Preschool
A child evaluated and recommended for special services for a disability in accord with statute, and who has reached the third (3rd) birthday, may be admitted to preschool. If otherwise eligible, the District may admit a child who is within ninety (90) days of reaching age three (3) years if it is determined to be in the best interest of the individual. The Superintendent shall make such determination based upon one (1) or more consultations with parent(s), guardian(s), the child, and the multidisciplinary placement team.
Kindergarten and First Grade
For admission to kindergarten, children must be five (5) years of age prior to September 1 of the current school year. If a full-day kindergarten is provided, the parent of a student eligible for full-day kindergarten shall be offered the opportunity to choose either a half-day or a full-day kindergarten program. The District shall provide an academically meaningful half-day kindergarten program in each District school where the half-day student enrollment is sufficient to fill a class with approximately the same number of students as the District-wide kindergarten classroom average.
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. Children, who reach the
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) years prior to for kindergarten and six (6) for first grade by January 1 of the current school year, but subsequent to September 1, will not generally be enrolled. Children may be admitted under the conditions indicated below:
● They turn five (5) on or before October 31 for kindergarten or they turn six (6) on or before December 31 for first grade.
● They are tested to determine their maturity level and readiness for learning; testing will be at no expense to the District.
● The results of the tests are reviewed by the parents or legal guardians, and school officials.
● It is the consensus of those officials that school enrollment is in the best interest of the child.
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 students from the eighth (8th) grade as determined by the State Board of Education in the areas of reading, writing writing, mathematics, science, and social studies.
The Superintendent will develop procedures for the student to demonstrate competency in the standards adopted by the State Board of Education.
Residency Verification
In accordance with guidelines and forms adopted by the Arizona Department of Education the District shall require and maintain verifiable documentation of residency in the State of Arizona for pupils who enroll in the District.
Adopted: June 8, 2017 <-- 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
REGULATION
ENTRANCE AGE REQUIREMENTS
(Determining Competency for
Entrance to High School)
Upon request for admission to high school, a student who has not obtained an eighth-grade certificate of promotion and is under sixteen (16) years of age must show competency in the standards of reading, writing, mathematics, science, and social studies as adopted by the State Board of Education and as determined by a District assessment instrument. The assessment instrument will be based upon the standards adopted by the State Board of Education. The instrument will be prepared or selected by, and the result will be verified by, a certificated person chosen by the Superintendent.
The person enrolling a student (except homeless students) in the school for the first time will be asked to produce one (1) of the following proofs:
●A. A certified copy of the child's birth certificate.
● OtherB. Other reliable proof of the student's identity and age, including the student's baptismal certificate,
an applicationan application for a Social Security number, or original school registration records,
andand an
affidavit explainingaffidavit explaining the inability to provide a copy of the birth certificate.
● AC. A letter from the authorized representative of an agency having custody of the student (pursuant to statute)
certifyingcertifying that the student has been placed in the custody of the agency as prescribed by law.
The parent, guardian, or surrogate will be given thirty (30) days to provide documentation requested as listed above. If documentation is not provided, a letter will be sent to notify the parent, guardian, or surrogate that unless the documentation is provided within ten (10) days, the local law enforcement agency will be notified.
Nothing contained in this policy shall authorize the school 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 and District policy 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 has been granted by a court order and who resides with the parent or other person in the District.
● A B. A student who is an emancipated minor and whose place of residence is in the District. When determining whether determining whether a minor is emancipated, the Superintendent will consider such factors as whether the student is marriedis married, financially independent, and residing away from the family domicile with parental consent.
● A C. A student who is eighteen (18) years of age or older and whose place of residence is in the District.
● A D. A student who is homeless, and who attended a school in the District at the time of becoming homeless.
● A E. A student who resides with a family member living in the District while awaiting the outcome of a legal guardianship legal guardianship or custody proceeding if the family provides written documentary proof in accord with 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. This policy is written to assist school districts and charter schools in meeting the legal requirements of the statute.
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) who 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 provide one (1) of of the following documents, which bear the parent or legal guardian's full name and residential address or physical description of the property where the student resides (no P.O. Boxes):
● Valid A. Valid Arizona driver's license, Arizona identification card
● Valid B. Valid Arizona motor vehicle registration
● Valid C. Valid United States passport
● Property D. Property deed
● Mortgage E. Mortgage documents
● Property F. Property tax bill
● Rental G. Rental agreement or lease (including Section 8 agreement)
● Utility H. Utility bill (water, electric, gas, cable, phone)
● I. Bank or credit card statement
● J. W-2 wage statement
● Payroll K. Payroll stub
● Certificate L. Certificate of tribal enrollment or other identification issued by a recognized Indian tribe
● M. Other documentation from a state, tribal, or federal agency (Social Security Administration, Veterans' Administration Administration, Arizona Department of Economic Security, etc.)
Parent(s) or legal guardian(s) who 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: July 12, 2012<-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-802
15-816 et seq.
15-821
15-823
15-823.01
15-824
42 U.S.C. 11301, McKinney-Vento Homeless Assistance Act of 2001,
as amended by the Every Student Succeeds Act (ESSA) of 2015
CROSS REF.:
IKEB - Acceleration
JFAB - Admission of Nonresident Students
JFABD - Admission of Homeless Students
JFB - Open Enrollment
JG - Assignment of Students to Classes and Grade Levels
JLCB - Immunizations of Students
JLH - Missing Students
JR - Student Records
JRCA - Request for Transfer of Records
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.
For purposes of open enrollment a "nonresident pupil" means a student who resides in this state and who is enrolled in or is seeking enrollment in a school district other than the school district in which the student resides. A student who is not a resident of the District but is a resident of Arizona who meets the age and other requirements for open enrollment established by state law and District policy shall be admitted to a school without payment of tuition.
A student shall also be admitted to a school without tuition payment, if:
● The A. The student is the child of a United States resident who is not a resident of Arizona, if this is in the best interest best interest of the student and the student is placed with a relative per A.R.S. 15-823 and the placement is not is not to avoid tuition payment.
● The B. The student is a resident of the United States and evidence indicates that because the parents are homeless or homeless or the child is abandoned, as defined in A.R.S. 8-201, the child's physical, mental, moral or emotional health is best health is best served by placement with a person who does not have legal custody of the child and who is a resident within resident within the school district, unless it is determined that the placement is solely for the purpose of obtaining an education an education in this state without payment of tuition.
● The student is a resident of the United States, but a nonresident of this state, and all of the following conditions exist:
● The student C. The student presents a certificate of educational convenience issued by the County School Superintendent pursuant Superintendent pursuant to A.R.S. 15-825.
● The D. The student is a child of a nonresident teaching or research faculty member of a community college district or state or state university or a nonresident graduate or undergraduate student of a community college district or state university state university whose parent's presence at the district or university is of international, national, state, or local benefitlocal benefit.
The District shall admit the following students, charging tuition as prescribed in statute:
● The A. The child of an Arizona resident who is not a resident of the District, if the District provides a high school and the and the student is a resident of an Arizona common school district that is not in a high school district and that does that does not offer instruction in the student's grade. Special circumstances may apply in accordance with A.R.S. 15-2041 after three hundred fifty (350) students have been admitted.
● For B. For an Arizona resident who is not a resident of the District, if the district of residence provides only financing for financing for students who are instructed by another school district and for students from a unified district that does not offer not offer instruction in the student's grade.
● A C. A pupil who is issued a certificate of educational convenience to attend school in the School District or adjoining or adjoining the school district to that in which the pupil is placed by an agency of this state or a state or federal or federal court of competent jurisdiction, as provided in A.R.S. 15-825.
The District shall admit a pupil who is the resident of a school district that has entered into a voluntary agreement with the District, charging tuition as agreed to in accordance with A.R.S. 15-824(E)(3).
The Governing Board may admit children who are residents of the United States, but who are nonresidents of this state, without payment of tuition if all of the following conditions exist:
A. The child is enrolled in a year-round residential boarding academy located in this state specializing in intensive instruction and skill development in sports, music or acting.
B. The child's parents have executed a current notarized guardianship agreement covering the child while enrolled at the academy, which is a condition of enrollment at the academy and authorizes academy representatives to act on the child's parent's or legal guardian's behalf in making all decisions on a daily basis as to the child's activities and needs for medical, educational and other personal issues.
The District may admit nonresident foreign exchange students without payment of tuition, or as it may otherwise prescribe.
The District shall not include in its student membership count students who are not Arizona residents. 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. This policy is written to assist school districts and charter schools in meeting the legal requirements of the statute.
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) who that maintains his or her own residence: The parent or legal guardian must complete and sign a form indicating his or her name, the name of the school district, school site, or charter school in which the student is being enrolled, and provide one (1) of the following documents, which bear the parent or legal guardian's full name and residential address or physical description of the property where the student resides (no P.O. Boxes):
● Valid A. Valid Arizona driver's license, Arizona identification card
● Valid B. Valid Arizona motor vehicle registration
● Valid C. Valid United States passport
● Property D. Property deed
● Mortgage E. Mortgage documents
● Property F. Property tax bill
● Rental G. Rental agreement or lease (including Section 8 agreement)
● Utility H. Utility bill (water, electric, gas, cable, phone)
● I. Bank or credit card statement
● J. W-2 wage statement
● Payroll K. Payroll stub
● Certificate L. Certificate of tribal enrollment or other identification issued by a recognized Indian tribe
● M. Other documentation from a state, tribal, or federal agency (Social Security Administration, Veterans' Administration Administration, Arizona Department of Economic Security, etc.)
Parent(s) or legal guardian(s) who that does not maintain his or her own residence: The parent or legal guardian must complete and sign a form indicating his or her name, the name of the school district, school site, or charter school in which the student is being enrolled, and submit a signed, notarized affidavit bearing the name and address of the person who maintains the residence where the student lives attesting to the fact that the student resides at that address, along with a document from the bulleted list above bearing the name and address of the person who maintains the residence.
Use of and Retention of
Documents by Schools
School officials must retain a copy of the attestations or affidavits and copies of any supporting documentation presented for each student (photocopies acceptable) that school officials believe establish validity. Documents presented may be different in each circumstance, and unique to the living situation of the student. Documents retained by the school district or charter school may be used as an indicia of residency; however, documentation is subject to audit by the Arizona Department of Education. Personally identifiable information other than name and address (SSN, account numbers, etc.) should be redacted from the documentation either by the parent/guardian or the school official prior to filing.
Adopted: September 24, 2015 <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
8-201
15-802
15-816 through 15-816.07
15-821
15-823 through 15-825
42 U.S.C. 11301, McKinney-Vento Homeless Assistance Act of 2001,
as amended by the Every Student Succeeds Act (ESSA) of 2015
CROSS REF.:
IKEB - Acceleration
JFABD - Admission of Homeless Students
JFB - Open Enrollment
JG - Assignment of Students to Classes and Grade Levels
JLCB - Immunizations of Students
JLH - Missing Students
JR - Student Records
JRCA - Request for Transfer of Records
EXHIBIT
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 _________________________________________
(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 exchange students shall not exceed one (1) exchange student for each two hundred fifty (250) to three hundred fifty (350) students enrolled in the school. Exceptions may be made by the Superintendent. In addition, students admitted under this policy must meet the conditions as outlined in A.R.S. 15-823.
When authorized by the Superintendent or the Superintendent's designee, students sponsored by a district approved foreign exchange organization may be enrolled in the District. The school principal or the principal's designee will visit with the student periodically assuring that academic and social status is acceptable.
The principal will review requeststudents 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 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
(Academic Credit Transfer)
Academic credit for students who transfer from private or public schools shall be determined on a uniform and consistent basis.
Elementary
Academic credit for placement in the common school subjects and grades shall be based upon teacher recommendations and previous grade level assignments subject to the determination that the student can meet the standards adopted by the State Board of Education for the grade level assignment.
Credit for Graduation Requirements
Core credit for purposes of this policy shall be the eleven and one half (11 1/2) units of credit specifically named as required for graduation by the State Board of Education in R7-2-302.02.
● For students to receive core credit for previously taken courses from an accredited online school that offers only classes through an electronic format, the District will determine which class in the Peoria Unified School District (PUSD) course offerings match the class taken. Once the matching class is identified, the student must demonstrate proficiency on the corresponding PUSD course assessment, according to the guidelines in the PUSD Course Description Guide. A passing grade is determined by the current district grading policy for core courses. In the case where a student is emancipated or has reached eighteen (18) years or older, or the student's parent or guardian determine that it is not in the best interest of the student to take a course assessment, or should the student fail to pass a course assessment, the previous online credit shall be counted as elective credit(s) toward graduation.
● Honors credits will be awarded based upon descriptors in the District's course description guideThe 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 credit from a charter school, school district or 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 The School District shall 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 designed and evaluated by a teacher in the School District who District who teaches the subject matter on which the examination is based.
The School District may District may not charge a fee to a pupil who takes an examination in a particular course to obtain academic credit, pursuant to sections section 15-701.01, subsection i, from the School District if 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 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 District and that pupil also participates in Arizona online instruction between May 1 and July 31, the School District shall District shall not require proof of payment as a condition of the School District accepting 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: December 17, 2015 <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
1-701
15-189.03
15-701.01
15-745
15-808
A.A.C.
R7-2-302.02R7-2-302.09
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:
● homeless A. homeless students are not stigmatized or segregated on the basis of their status as homeless;
● homeless B. homeless students are immediately enrolled in their school of origin or school of residence;
● transportation C. transportation is provided to and from the school of origin for the homeless student as applicable and found in the in the law and Policy JFAA.
Definitions
The term "homeless students" means individuals who lack a fixed, regular, and adequate nighttime residence and includes:
● students A. students who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reasonsimilar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodationsadequate accommodations; are living in emergency or transitional shelters; are abandoned in hospitals; or are awaiting foster care placement;● students
B. students who have a primary nighttime residence that is a public or private place not designed for or ordinarily used ordinarily used as a regular sleeping accommodation for human beings;
● students C. students who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stationstrain stations, or similar settings; and
● migratory D. migratory students who qualify as homeless because the children are living in circumstances described abovedescribed 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 as 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:
● continue A. continue the student's education in the school of origin for the duration of homelessness:
■ in 1. in any case in which a family becomes homeless between academic years or during an academic year; or■ for or
2. for the remainder of the academic year, if the student becomes permanently housed during an academic yearacademic year; or
● Enroll B. Enroll the student in any public school that nonhomeless students who live in the attendance area in which the student 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:
● To A. To the extent feasible, keep a homeless student in the school of origin, except when doing so is contrary to the to the wishes of the student's parent or guardian;
● Provide B. Provide a written explanation, including a statement regarding the right to appeal, to the homeless student's parent s parent or guardian, if the homeless student is sent to a school other than the school of origin or a school requested school requested by the parent or guardian; and
● In C. In the case of an unaccompanied youth, the liaison for homeless students shall assist in placement or enrollment or enrollment decisions, considering the views of such unaccompanied youth, and providing notice to such 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
REGULATION
ADMISSION OF HOMELESS STUDENTS
Admission
The school selected by the homeless student shall immediately admit the homeless student, even if the student is unable to produce records normally required for enrollment, such as previous academic records, medical records, proof of residency, or other documentation.
The enrolling school shall immediately contact the school last attended by the student to obtain relevant academic and other records.
If the student needs to obtain immunizations, or immunization or medical records, the enrolling school shall immediately refer the parent or guardian of the student to the liaison for homeless students, who shall assist in obtaining necessary immunizations, or immunization or medical records.
Admission Disputes
If a dispute arises over school selection or enrollment in a school:
● TheA. The student shall be immediately admitted to the school in which enrollment is sought, pending resolution of the dispute;
● TheB. the parent or guardian of the student shall be provided with a written explanation of the school's decision regarding school selection or enrollment, including the rights of the parent, guardian, or student to appeal the decision;
● TheC. the student, parent, or guardian shall be referred to the liaison for homeless students, who shall carry out the dispute resolution process as expeditiously as possible after receiving notice of the dispute in accord with the procedure found in the Arizona State Plan; and
● InD. in the case of an unaccompanied youth, the liaison for homeless students shall ensure that the student is immediately enrolled in school pending resolution of the dispute.
Enrollment Decision
The decision regarding enrollment shall be made regardless of whether the student lives with the homeless parents or has been temporarily placed elsewhere.
EXHIBIT
ADMISSION OF HOMELESS STUDENTS
LIAISON POSITION
The School shall designate a liaison for homeless students and, in conjunction with the state coordinator, shall inform school personnel, service providers, and advocates working with homeless families of the duties of the School liaison.
The School liaison for homeless students shall ensure that:
● homelessA. homeless students are identified by school personnel and through coordination activities with other
entities andentities and agencies;
● homelessB. homeless students enroll in, and have full and equal opportunity to succeed in, the District's schools;
● homelessC. homeless families and students receive educational services for which such families and students are eligible,
includingincluding:
■ Head1. Head Start and Even Start programs and preschool programs administered by the School, and
■ referrals2. referrals to health care and immunization services, dental services, mental health services, and
other appropriateother appropriate services;
● theD. the parents or guardians of homeless students are informed of the educational and related
opportunities availableopportunities available to their children and are provided with meaningful opportunities to participate in the
education of theireducation of their children;
● publicE. public notice of the educational rights of homeless students is disseminated where such students
receive servicesreceive services under the Homeless Assistance Act, such as:
■ schools1. schools;
■ family2. family shelters; and
■ soup3. soup kitchens;
● disputesF. disputes over school selection or enrollment in a school are mediated in a manner that:
■ immediately1. immediately admits the student to the school in which enrollment is sought, pending resolution of
the disputethe dispute,
■ provides2. provides the parent or guardian of the student with a written explanation of the school's
decision regardingdecision regarding the school selection or enrollment, and informs the parent, guardian, or student of
the rightsthe rights to appeal the decision,
■ expeditiously3. expeditiously carries out the dispute resolution process after receiving notice of the dispute, and
■ in4. in the case of an unaccompanied youth, ensures that the student is immediately enrolled in
school pendingschool pending resolution of the dispute;
● theG. the parent or guardian of a homeless student, and any unaccompanied youth, is fully informed of
all transportationall transportation services, including arrangements for transportation to the school of origin;
● theH. the parent or guardian of a homeless student, and any unaccompanied youth, is assisted in
accessing transportationaccessing transportation to the selected school.
As a part of the duties, the School liaison for homeless students will coordinate and collaborate with state coordinators and community and school personnel responsible for the provision of education and related services to homeless students.
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:
● Continue A. Continue the student's education in the school of origin for the duration of homelessness:
■ in 1. in any case in which a family becomes homeless between academic years or during an academic year; or■ for or
2. for the remainder of the academic year, if the student becomes permanently housed during an academic yearacademic year; or
● Enroll B. Enroll the student in any public school that nonhomeless students who live in the attendance area in which the student the student is actually living are eligible to attend.
● Appeal C. Appeal if the homeless student is sent to a school other than the school of origin or a school requested by the parent the parent or guardian;
● Enroll D. Enroll in, and have full and equal opportunity to succeed in school without being segregated from the nonhomeless the nonhomeless student population;
● Receive E. Receive educational services for which such families and students are eligible, including:
■ Transportation 1. Transportation services, meals programs;
■ Head 2. Head Start and Even Start programs and preschool programs administered by the School; and
■ referrals 3. referrals to health care and immunization services, dental services, mental health services, and other appropriate other appropriate services.
● Identification 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-
49624963
A parent or guardian (student if unaccompanied) may contact the District Liaison for Homeless Children and Youths at; Peoria Unified School District No. 11
Attn: Sean Schubert
6330 W. Thunderbird Rd.
Glendale, AZ 85306
Telephone: (623) 486-6058
E-mail: SSchubert@peoriaud.k12.az.us
______________________________
______________________________
______________________________
Telephone: ____________________
E-mail: ________________________
The District Liaison for Homeless shall ensure that the parent or guardian of a homeless student, and any unaccompanied youth is:
● assisted A. assisted in accessing transportation to the selected school;
● provided B. provided assistance in exercise of the right to attend the school of choice and other necessary services; and
● provided C. provided the above information in a manner and form understandable to the recipient and if necessary and to the 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
Guardian Date
(or unaccompanied student)
One (1) copy to signatory and one (1) to the liaison officer file.
The District has an open-enrollment program as set forth in A.R.S. 15-816 et seq. The open enrollment program described in this policy shall be placed on the District website and made available to the public on request.
No tuition shall be charged for open enrollment, except as authorized by applicable provisions of A.R.S. 15-764, 15-797, 15-823, 15-824, and 15-825.
Definitions
Resident transfer pupil means a resident pupil who is enrolled in or seeking enrollment in a school that is within the school district - but outside the attendance area - of the pupil's residence.
Nonresident pupil means a pupil who resides in this state and who is seeking enrollment in a school district other than the school district in which the pupil resides.
Enrollment Options
District resident pupils may enroll in another school district or in another school within this District. Resident transfer pupils and nonresident pupils may enroll in schools within this District, subject to the procedures that follow.
Information and Application
The Superintendent shall prepare a written information packet concerning the District's application process, standards for acceptance or rejection, and policies, regulations, and procedures for open enrollment. The packet will be made available to everyone who requests it.
The information packet shall include the enrollment application form and shall advise applicants that they must submit enrollment applications on or before ________________ of each year to be considered for enrollment during the following school year.
Capacity
The Superintendent shall annually estimate how much excess capacity may exist to accept transfer pupils. The estimate of excess capacity shall be made for each school and grade level and shall take into consideration:
A. District resident pupils in assigned school attendance areas, including those issued certificates of educational convenience and those required to be admitted by statute.
B. The enrollment of eligible children of persons who are employed by the District.
C. Resident transfer pupils who were enrolled in the school the previous year.
D. Nonresident pupils who were enrolled in the school the previous year.
The Governing Board shall make the final determination of excess capacity and may require resident transfer pupils and/or nonresident pupils to be subject to the enrollment priorities and procedures found below. The excess-capacity estimates shall be made available to the public in ______________ of each year.
Enrollment Priorities
If the Governing Board has determined that there is excess capacity to enroll additional pupils, such pupils shall be selected on the basis of designated priority categories from the pool of pupils:
A. Who have properly completed and submitted applications; and
B. Who meet admission standards.
Enrollment priorities and procedures for selection shall be in the order and in accordance with the following:
A. Enrollment preference shall be given to resident transfer pupils who were enrolled in the school the previous year and any sibling who would be enrolled concurrently with such pupils. If capacity is not sufficient to enroll all of these pupils, they shall be selected through a random selection process adopted by regulation of the Superintendent.
B. Enrollment preference shall be given to nonresident pupils who were enrolled in the school the previous year and any sibling who would be enrolled concurrently with such pupils. If capacity is not sufficient to enroll all of these pupils, they shall be selected through a random selection process adopted by regulation of the Superintendent.
C. Enrollment preference shall be given to resident transfer pupils who were not enrolled in the school the previous year. If capacity is not sufficient to enroll all of these pupils, they shall be selected through a random selection process adopted by regulation of the Superintendent.
D. Enrollment preference shall be given to nonresident pupils who were not enrolled in the school the previous year. If capacity is not sufficient to enroll all of these pupils, they shall be selected through a random selection process adopted by regulation of the Superintendent.
Enrollment preference may be given to children who are in foster care.
Admission Standards
A school district may refuse to admit any pupil who has been expelled by any school district in this state from another educational institution or who is not in compliance with a condition of disciplinary action imposed by any other school or school district or with a condition imposed by the juvenile court shall not be admitted. Acceptance for enrollment may be revoked upon finding the existence of any of these conditions.
A school shall not admit a pupil if the admission of the pupil would violate the provisions of a court order of desegregation or agreement by a school or district with the United States Department of Education Office for Civil Rights directed toward remediating alleged or proven racial discrimination.
the process of being expelled from another educational institution.
Notification
The District shall notify the emancipated pupil, parent, or legal guardian in writing by ____________________ 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: date of Manual adoption <-- 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
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.
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 or in another school within this District. Resident transfer Nonresident pupils and nonresident pupils may enroll in schools within this District, subject to the procedures that follow.
Information and Application
The Superintendent or the Superintendent's designee 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 or the Superintendent's designee shall annually estimate how much excess capacity may exist to accept open enrollment transfer pupils. The estimate of excess capacity shall be made for each school and grade level and shall take into consideration:
● District A. District resident pupils in assigned school attendance areas, including those issued certificates of educational convenience and those required to be admitted be admitted by statute.
● Resident transfer pupils who were enrolled in the school the previous year.
● The B. The enrollment of eligible children of persons who are employed by the District.
● Nonresident C. Nonresident pupils who were enrolled in the school the previous year.
Capacity shall be determined annually by the first Friday in February and reported to the Governing Board. Final 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. School capacity for kindergarten students will be determined no later than one (1) week prior to the opening of school. The excess-capacity estimates shall be made available to the public in ___________________ of each year.
Enrollment Priorities
If the Governing Board has determined that there is excess capacity to enroll additional pupils, such pupils shall be selected on the basis of designated priority categories from the pool of pupils:
● Who A. Who have properly completed and submitted applications; and
● Who B. Who meet admission standards.
Enrollment priorities and procedures for selection shall be in the order and in accordance with the following:
● Enrollment 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.
● Enrollment A. Enrollment preference shall be given to nonresident pupils who were enrolled in the school the previous year and year and any sibling who would be enrolled concurrently with such pupils.● 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 all of these pupils, they shall be selected through a random selection process adopted by regulation of the Superintendent.
~ Enrollment preference shall be given to nonresident pupils who were not enrolled in the school the previous year.
● Enrollment the Superintendent.
B. Enrollment preference shall be given to nonresident pupils who were not enrolled in the school the previous yearprevious year. If capacity
at a schoolis not sufficient to enroll all of
the students who apply in one (1) of the four (4) categories listed above, the school shall enroll students on a first-request, first-served basis.Admission Standards
The District shall determine if nonresident pupils and resident transfer pupils will be admitted 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 members to service students at each site.
■ Capacity in relevant special programs.
■ Availability of other resources.
● The student's prior status in the educational and juvenile court system, including:
■ Whether the student has been suspended by another school orthese 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
suspended or expelled by any other school.■ Whether the student is in compliance with any conditions imposed by a juvenile court.
● Failure to disclose the accurate information on the open enrollment application may result in denial 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.
● Acceptance is on a year-by-year basis. Students must reapply each year and will be subject to re-application and review using the standards above.
expelled from another educational institution.
Notification
The District shall notify the emancipated pupil, parent, or legal guardian in writing by the first Friday in April ____________________ 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/nonrenewed, the reason for the rejection /nonrenewal 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.
Annual Renewal
Each resident transfer pupil and nonresident pupil currently enrolled within a district school on open enrollment must submit annually prior to the first Friday in February request for open enrollment for the following year. Each request will be reviewed by school administration with faculty input to consider the following standards for continued open enrollment for the next school year.
The pupil:
● exhibits good school attendance;
● demonstrates academic effort;
● displays appropriate school behavior as defined by student handbook;
● continuing open enrollment status will not exceed grade level/classroom capacity.
The District may deny open enrollment during annual renewal to or for any pupil who does not meet any one (1) of the above criteria. Notification will be provided to the parent prior to the first Friday in April. If the result is a nonrenewal of the next year's application for open enrollment, the student will still remain enrolled until the end of the current school year.
If the pupil has an individualized education program (IEP) or 504 plan, a meeting will be held with the parents prior to a decision about the student's open enrollment status. This review process will include a District representative (knowledgeable in IDEA and/or Section 504) and the site administrator. The purpose of this review is to ensure that the reason for consideration of non-renewal does not violate the student's rights under IDEA or Section 504. The outcome of this meeting will signal either an IEP/504 review or allow for the non-renewal of the open enrollment.
Revocation
An approved open enrollment may be revoked at any time if it is determined that the provided information has been falsified or if information has been omitted from the open enrollment application. Additionally, open enrollment may be revoked at end of semester due to poor attendance or failure to follow school rules, District policies, and procedures. If the pupil is in jeopardy of having his/her open enrollment revoked, the parent will receive a warning letter from the school principal.
If the pupil has an individualized educational program (IEP) or 504 plan, a meeting will be held with the parents prior to a decision about the student's open enrollment status. This review process will include a District representative (knowledgeable in Individuals with Disabilities Education Act [IDEA] and/or Section 504) and the site administrator. The purpose of this review is to ensure that the reason for consideration of revocation does not violate the student's rights under IDEA or Section 504. The outcome of this meeting will signal either an IEP/504 review or allow for the revocation of the open enrollment.
Transportation of Students Admitted
Through Open Enrollment
An 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 based on bus capacity. 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.
Adopted: May 27, 2014The 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
JG - Assignment of Students to Classes and Grade Levels
Pursuant to the Unsafe School Choice Option of the No Child Left Behind Every Student Succeeds Act of 20012015, funding under the Elementary and Secondary Education Act for the State is contingent upon the adoption and enforcement of an unsafe school choice policy. The State policy must require that a student attending a persistently dangerous public elementary school or secondary school, as determined by the State in consultation with a representative sample of local educational agencies, or who becomes a victim of a violent criminal offense, as determined by State law, while in or on the grounds of a public elementary school or secondary school that the student attends, be allowed to attend a safe public elementary school or secondary school within the local educational agency, including a public charter school.
Definitions
General Definition of Persistently Dangerous School Label (Adopted by Arizona State Board). A persistently dangerous school is a school with recurring violent and/or dangerous crime that continues over time and does not use research based planning and prevention programming to ensure school safety.
The State, with a representative sample of local educational agencies, must determine which schools are persistently dangerous.
Definition of Victim of Violent Criminal Offense. A victim is an individual against whom the crime is committed as listed in a police report that is not unfounded or exceptionally cleared, or who is an immediate family member of a crime victim that has been killed or incapacitated.
Exhibit JFBA-E lists the laws that are considered Violent Criminal Offenses. These laws should be consulted to determine if the victim is eligible for the optional transfer to another school within the District or to a charter school.
Enrollment Options
Persistently Dangerous School Label
All students attending a public school that is classified by the State as a persistently dangerous school shall be notified of this label and be offered the opportunity to transfer to any school within the District that is not labeled persistently dangerous and contains the same grade level the student is eligible to attend or a charter school.
Victim of Violent Criminal Offense
Any student, while in or on the grounds of a public elementary school or secondary school that the student attends, who is subjected to a violent criminal offense as defined in Arizona law or who is an immediate family member of one who has been killed or incapacitated by such defined violent criminal offense shall be offered the opportunity to transfer to any school within the District that contains the same grade level the student is eligible to attend or a charter school.
Reports Required
The number of individuals using the individual transfer option should be reported to the Arizona Department of Education (ADE) each year in the format and form required.
Schools are to report violations of rules regarding dangerous weapons in the "Safe and Drug-Free Schools Report," which is an annual requirement for all public schools in Arizona and is due to ADE by June 30 each year. Additionally, referrals to law enforcement agencies for criminal offenses should be reported in the annual School Report Card.
Adopted: date of Manual adoption <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-341
13-3726
20 U.S.C. 9532, No Child Left Behind (6301 et seq., Every Student Succeeds Act of 2015
20 U.S.C. 7912, Unsafe School Choice )Option
CROSS REF.:
JC - School Attendance Areas
JG - Assignment of Students to Classes and Grade Levels
EXHIBIT
UNSAFE SCHOOL CHOICE
DEFINITIONS AND EXAMPLES
Definition of Violent
Criminal Offense
Violent crimes are defined in Title 13 of the Arizona Revised Statutes (A.R.S.).
A.R.S. Title 13 Definitions and listings of relevant violent crime follows:
13-901.03. Violent crimes: allegation; definition
B. For the purpose of this section, "violent crime" includes any criminal act that results in death or physical injury or any criminal use of a deadly weapon or dangerous instrument.
13-105. Definitions
6. "Crime" means a misdemeanor or a felony.
11. "Dangerous instrument" means anything that under the circumstances in which it is used, attempted to be used or threatened to be used is readily capable of causing death or serious physical injury.
13. "Deadly weapon" means anything designed for lethal use. The term includes a firearm.
29. "Physical injury" means the impairment of physical condition.
13-4401. Definitions
19. "Victim" means a person against whom the criminal offense has been committed, or if the person is killed or incapacitated, the person's immediate family or other lawful representative, except if the person is in custody for an offense or is the accused.
Offenses in Title 13 that Require an
Offer to Transfer to the Victim
These statutes would apply in the event the crime is an attempt and the victim does not die.
13-1102 Manslaughter. Class 2 felony.
13-1103 Negligent Homicide. Class 4 felony.
13-1104 Second Degree Murder. Class 1 felony.
13-1105 First Degree Murder. Class 1 felony.
Offenses in Title 13 that Require an
Offer to Transfer to the Victim
13-1201 Endangerment (with deadly weapon or dangerous instrument). Class 6 felony or Class 1 misdemeanor.
13-1203 Assault. Para (A)(1). (With physical injury). Class 1 misdemeanor.
13-1204 Aggravated Assault. Class 2-6 felony.
13-1205 Unlawfully Administering Intoxicating Liquors, Narcotic Drug, or Dangerous Drug. (With physical injury) Class 5 felony.
Narcotic Drug, or Dangerous Drug. (With physical injury) Class 5 felony.
13-1209 Drive by Shooting. Class 2 felony.
13-1304 Kidnapping. (A)(3) Class 2 felony.
13-1406 Sexual Assault. Class 2 felony.
13-1703 Arson of an Occupied Structure. Class 2 felony.
13-1902 Robbery. Class 4 felony.
13-1903 Aggravated robbery. Class 3 felony 13-1904 Armed Robbery. Class 2 felony.
13-2904 Disorderly Conduct. Involving a deadly weapon or dangerous instrument. Class 6 felony.
13-3102 Misconduct Involving Weapons (A)(9). Class 3 felony.
13-3103 Depositing Explosives. Class 4 felony.
13-3110 Misconduct Involving Simulated Explosive Devices. Class 1 misdemeanor.
13-3704 Adding Poison or Other Harmful Substance to Food, Drink or Medicine. Class 6 felony.
Specific Definition of Persistently
Dangerous School Label
(Adopted by Arizona State Board 6-26-06)
A persistently dangerous school is any school that has four (4) or more firearms brought to campus in the baseline analysis (2000-01 data) and an average of four (4) incidents of firearms brought to campus under the Gun Free School Act (with or without modification as allowed in the law) for school year (SY) 00-01 and SY 01-02, unless objective explanatory data or prevention data submitted by a school to the Arizona Department of Education (ADE) Student Services Division allows exemption. Schools that are identified as "persistently dangerous" will be required to provide all students with the option to transfer (within the District).
A withdrawal form shall be presented to the parent or legal guardian of a student who may or must withdraw from school. The withdrawal form shall include space for the reason for withdrawal and the signature of an official of the school from which the student has withdrawn.
Reasons for withdrawal may include:
● Parents A. Parents or legal guardians moving from the District or to an area served by another school within the District.
● Parents B. Parents requesting the withdrawal of students who have passed their sixteenth birthday.
● Expulsion C. Expulsion or long-term suspension by the Board.
Upon withdrawal, the student shall check in all books and other District property through the office of the school that was attended.
Adopted: date of 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 twelve (12) on the basis of prior schooling outside the District will be placed initially at the grade levels they have reached elsewhere.
Assignment of a student to classes (classroom or subjects) shall be made based upon the student's grade-level assignment, completion of any prerequisites, student achievement, and any classroom limitations or class-size guidelines, in that order.
A student who enrolls in a kindergarten program or grades one (1) through twelve (12) after receiving instruction in a home school program shall be tested using State Board standards in order to determine the appropriate grade level for educational placement of the student.
The Superintendent shall establish procedures for guiding the review and assignment of students to classes and grade levels.
Adopted: date of Manual adoption <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-342
15-745
CROSS REF.:
IKE - Promotion , and Retention and Acceleration of Students
IKEB - Acceleration
IKF - Graduation Requirements
JFB - Open Enrollment
REGULATION
ASSIGNMENT OF STUDENTS TO
CLASSES AND GRADE LEVELS
Elementary School
The principal will determine whether there should be any change in the grade-level placement of the student. In making such determination, the principal will be guided by teacher recommendations and consultation with the parent(s).
Assignment of a student to classes shall be the responsibility of the principal after consideration of the student's grade-level assignment, completion of any prerequisites, the student's achievement, and any classroom limitations or class-size guidelines.
High School
The principal shall establish the number of credits needed for a student to be placed at a particular grade level. The determination of grade level will be made based upon progress toward graduation requirements normally expected of a student to graduate in a four (4)-year period. Students will be assigned to grade levels based upon the credits earned and accepted by the District.
The curriculum department in collaboration with school personnel 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.
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:
● The A. The scheduling of medical and dental appointments after school hours except in cases of emergency.
● The 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.
High School Attendance
Requirement
In order to receive credit for the semester, ninety percent (90%) attendance is required in each assigned class. Classes missed due to school approved activities are excluded. Administrators are authorized to excuse additional absences for extended illness, injury or extenuating circumstances upon satisfactory verification. In such cases, to receive credit, students are expected to make-up missed work as prescribed by policy.
Adopted: date of Manual adoptionAdopted: <-- 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 six (6):●~
Within two (2) hours after the first class in which the student is absent.
● Students B. Students in grades seven (7) and eight (8):●~ Within
1. Within two (2) hours of an absence when the absence is from the student's first class of the day.
●~ Within2. 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:
● TheA. The person who has custody of the student has given written consent.
● AnyB. Any religious instruction or exercise takes place at a suitable place away from school property designated
by aby a church or religious denomination or group.
● ReleasedC. Released time shall not interfere with the student's normal schedule.
● AnyD. Any tardiness related to religious instruction will be unexcused.
● ReligionE. Religion classes may not be dropped prior to the end of the semester without approval by the Superintendent.
● SchoolF. School credit will not be given for religion classes, nor will the course title be placed on the permanent
record ofrecord of the student.
● DisciplineG. Discipline problems, reporting to parents, and attendance and other procedures necessary to class
operation shalloperation shall be the responsibility of the religion class instructors or supervisors.
● ReligionH. Religion instructors shall be responsible for notifying parents when students violate attendance policies.
● ChangesI. Changes in policies relating to religion classes must be reviewed by the school administration and
the Governingthe Governing Board.
● TheJ. The school administration shall have the responsibility of conferring with the appropriate church authorities
in mattersin matters relating to this policy and, when deemed necessary, shall take appropriate action to see that
such policiessuch policies are followed.
● TheK. The desirability and value of the released-time program will be evaluated annually by the school
administration andadministration and the Governing Board.
● Consent will contain the following information:
■ Time and date(s) that the student may leave school;
■ The location where the religious activity or instruction will take place; and
■ Acknowledgment that the District is not responsible for the supervision and security of the student from the time the student leaves campus until the student next arrives at school for classes or other school-sponsored activities.
Adopted: date of Manual adoption
Adopted: <-- 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:
● Authorize A. Authorize absences from school for a student with a chronic health problem without the prior consent of the studentthe student's parent or guardian.
● RecommendB. Recommend, prescribe or provide medication to a student with a chronic health problem without the prior consent 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
REGULATION
EXCLUSIONS AND EXEMPTIONS
FROM SCHOOL ATTENDANCE
(Chronic Health Conditions)
Identification/Referral Process
Staff members shall be informed of procedures to follow in serving "students with chronic health conditions." Teachers will review registration data and make note of any students who were previously served as students with chronic health conditions.
Registration forms, enrollment data, and attendance registers will identify certified students with chronic health conditions who are eligible for modified instructional services.
The screening procedures used to screen kindergarten students and new enrollees for possible referral to special education or compensatory programs will provide an indication of whether students with high absenteeism have health conditions that may be considered chronic if they are due solely to illness, disease, pregnancy complications, an accident or severe health problems of an infant child of a student. Students can be identified or referred at any time during the school year.
The person responsible for collection of attendance data shall be informed of these available services and should be given direction for noting whether a student's frequent absences are due to illness, disease, pregnancy complications, an accident or severe health problems of an infant child of a student. Registration, enrollment, and attendance procedures shall indicate eligible students with chronic health conditions for documenting average daily membership (ADM) adjustments with the Arizona Department of Education, School Finance Section.
When a student is identified as possibly requiring services as a student with a chronic health condition (via registration, screening procedures, attendance data, or parent referral), a chronic health condition certification form with a letter of explanation shall be sent to the parents, to be returned within thirty (30) days. The teacher and parent shall meet within fifteen (15) days following return of the chronic health condition certification.
Upon referral of a student for chronic health condition certification, the school nurse, if applicable, shall be consulted to include any chronic health condition data in the nurse's records (i.e., the annual report that identifies types of chronic illnesses monitored). The nurse may provide information to assist teachers in dealing with chronic health conditions.
Eligibility Criteria
The parents shall submit a written chronic health condition certification to the District, which will include:
● Certified A. Certified health professional or nurse practitioner diagnosis.● Certified
B. Certified health professional or nurse practitioner prognosis.
● Physical C. Physical limitations affecting physical education activities and requirements.
● Anticipated D. Anticipated surgeries, treatment, or hospitalizations that, although not expected to cause sufficient absences to absences to require homebound services, may interfere with regular school attendance.
● Certified E. Certified health professional or nurse practitioner signature and date signed.
The appropriate instructional services needed are to be recommended by the teacher after consultation with the parent according to the following considerations:
● The A. The nature of the health condition relevant to the student's anticipated activity level during absences (based on based on review of the chronic health condition certification).
● The B. The student's academic capacity.
● The C. The teacher's recommendations for service delivery based on course-work difficulty and the student's ability to ability to learn independently.
● The D. The amount of face-to-face instruction time required by the student for optimum continuous learning outside the outside the regular classroom.
● The E. The most appropriate service delivery in order to maintain integration in the regular education program as much as much as possible (i.e., regular physical education activities).
After the teacher and the parent have discussed the student's needs, an instructional agreement will be recommended by the parent and the teacher specifying the delivery and return of homework assignments and anticipated contact time with the teacher to assist the student in completing required course work during absences. This agreement, together with the teacher's recommendation for appropriate instructional services, will be forwarded to the administration for review and modification, if necessary, prior to signature by the parent, teacher, and Superintendent.
If the absences of a student who is classified and has served as a student with a chronic health condition amount to three (3) school months (or sixty [60] school days), another chronic health condition certification shall be obtained and reviewed by the teacher and the parent. They shall discuss the appropriate service delivery necessary for continuous learning. If homebound services are appropriate, the policies for referral shall be followed, which may entail:
● Obtaining A. Obtaining parental consent to evaluate.
● Obtaining B. Obtaining chronic health condition certification.
On a yearly basis, the District shall review instructional needs of any student with a chronic health condition. An updated chronic health condition certification shall be obtained for each school year to verify the need for continuing instructional modifications and ADM adjustments, if applicable. However, the student may be recertified at any time to reevaluate appropriate services needed.
Miscellaneous Provisions
Homework assignments will be provided during absences of students with chronic health conditions, and credit will be given for course work completed within established time lines.
Students with chronic health conditions will be given credit for completed course work if frequent absenteeism is due to chronic health conditions as certified by a Certified health professional or nurse practitioner.
Physical education course-work requirements shall include the option for students with chronic health conditions to participate in regular program activities as much as their health permits. Such students shall be provided integrated educational programming as much as possible. Modification to requirements may be made with Superintendent Board approval.
The counselors who schedule students with chronic health conditions will take into consideration the anticipated days of absence (noted on the medical certification form) and the feasibility of completing courses requiring laboratory work or vocational workshops.
EXHIBIT
EXCLUSIONS AND EXEMPTIONS
FROM SCHOOL ATTENDANCE
Dear ____________________:
This letter is to inform you that the School District makes special arrangements for homework assignments for certain students who have "chronic (recurring) health conditions." As a result of frequent absences from school because of illness or an accident, _______________ may be eligible to receive modified instructional services provided for "students with chronic health conditions."
A form is enclosed asking your family's certified health professional or nurse practitioner to state how this health condition is affecting school attendance. If your certified health professional or nurse practitioner believes the condition to be "chronic" and anticipates frequent absences for the school year (but fewer than sixty [60] school days, as for homebound services), please ask the certified health professional or nurse practitioner to fill out the medical certification form and return it to the school.
If _______________ is eligible as a "student with a chronic health condition," the school will make sure that you receive homework and contact with a teacher during necessary absences. The teacher will work out an agreement for homework assignments with you to assure receipt of credit for completed homework.
If you have any questions, please contact me at ___________________________.
Sincerely,
EXHIBIT
EXCLUSIONS AND EXEMPTIONS
FROM SCHOOL ATTENDANCE
CERTIFICATION OF STUDENTS WITH
CHRONIC HEALTH CONDITIONS
(Obtained from a certified health professional or nurse practitioner)
___________________ _ _______________ ___ _______________________
Student's name Parent's name
Student's name Parent's name Address
___________________ ______ __________ _____________ _____________
District School
District School Grade level
___________________ _ _______________ ___ _______________________
Date of birth Phone number Date
Date of birth Phone number Date of initial consultation
Certified health professional or nurse practitioner diagnosis:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Certified health professional or nurse practitioner prognosis:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Physical limitations affecting physical education activities:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Anticipated absences due solely to illness, disease, pregnancy complications, an accident or severe health problems of an infant child of a student (include anticipated surgeries, treatments, or hospitalizations that may interfere with school attendance during the __________ year):
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Example 1: _________________'s physical condition may result in frequent absences in the school year that may exceed ten (10) consecutive school days per semester, but I do not anticipate that _________________ will be absent enough days to require homebound services.
Example 2: _________________ will require three (3) hospitalizations of approximately four (4) days duration each and three to five (3 - 5) treatments of one (1) day each during the school year.
Other relevant information:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
_______________________________________________
Type or print Certified health professional or
nurse practitioner name and licensed title
_______________ ___ ______________________________________________
Date Certified
Date Certified health professional or nurse practitioner
signature and title
EXHIBIT
EXCLUSIONS AND EXEMPTIONS
FROM SCHOOL ATTENDANCE
INSTRUCTIONAL AGREEMENT FOR STUDENTS WITH
CHRONIC HEALTH CONDITIONS
School year ____________
___________________ ______ __________ _____________ _____________
Student's name Grade level Datename Grade level Date
_____________________________ ___ ________________________________
Parent's name Address
Parent's name Address
___________________ ___ _____________ ____ ______________________
Person responsible for Position School
homework Person responsible for Position School
homework coordination
Eligibility checklist:
_________________ 1. Medical certification of chronic health condition
(diagnosis,
prognosis, and inability to attend school regularlyattend
school regularly).
_________________ 2. Medical certification of physical limitations for physical
physical education.
_________________ 3. District office has noted chronic condition on attendance
attendance register.
_________________ 4. If applicable, the school nurse informed of student's chronic
chronic health condition.
_________________ 5. Student's teacher(s) informed of student's chronic health
health condition.
_________________ 6. If applicable, school counselor informed of student's
chronic
health condition.
_________________ 7. Physical education activities/requirements adapted
according to medical certification.
_________________ 8. Certificated teacher to provide homework and contact
Signature with Signature with _______________________________________
during during absences for the school year as follows:
___________________________________________
___________________________________________
___________________________________________
_________________ 99. Parent/guardian agrees to return completed home-
Signature work Signature work to the school for absences during the school
year year as follows:
___________________________________________
___________________________________________
___________________________________________
Approved: _______________________________________________________
Superintendent
Superintendent's signature
Annual review of instructional agreement:
___ Number of excused excused ◻ Promotion requirements Promotion requirements ◻Transcripts Transcripts &
absences due to to met via completed home- attendance record
chronic condition work condition work for excused absences absences attached
For the _____________ school year, ◻ should / ◻ should not be registered as having a chronic health condition.
________________________________ ________________________________
Superintendent's signature Parentsignature Parent's signature
_________________________________
Date
This policy sets forth guidelines by which student rights are to be determined consistent with law.
The Board has the authority and responsibility to establish reasonable rules and regulations for the conduct and deportment of students of the District. At the same time, no student shall be deprived of equal treatment and equal access to the educational program, due process, and free expression and association in accordance with these guidelines.
Attendant upon the rights established for each student are certain responsibilities, which include respect for the rights of others, obedience to properly constituted school authority, and compliance with the rules and regulations of this District.
Students who have reached the age of eighteen (18) years possess the full rights of adults and may authorize school matters previously handled by their parents.
The Superintendent shall develop and promulgate administrative procedures consistent with law and Board policy to ensure that student rights under varying conditions are properly described.
Such procedures shall be reviewed annually and updated when required.
Adopted: date of Manual 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
REGULATION
STUDENT RIGHTS AND
RESPONSIBILITIES
All students are entitled to enjoy the basic rights of citizenship that are recognized and protected by laws of this country and state for persons of their age and maturity. Each student is obligated to respect the rights of classmates, teachers, and other school personnel. District schools shall foster a climate of mutual respect for the rights of others. Such environment will enhance both the educational purpose for which the District exists and the educational program designed to achieve that purpose.
All District personnel shall recognize and respect the rights of students, just as all students shall exercise their rights responsibly, with due regard for the equal rights of others and in compliance with the rules and regulations established for the orderly conduct of the educational mission of the District. Students who violate the rights of others or who violate rules and regulations of the District or of their school are subject to appropriate disciplinary measures designed to correct their own misconduct and to promote adherence by them and by other students to the responsibilities of citizens in the school community.
The following basic guidelines of rights and responsibilities shall not be construed to be all-inclusive, nor shall it in any way diminish the legal authority of school officials and the Governing Board to deal with disruptive students.
Rights:
● Students A. Students have the right to a meaningful education that will be of value to them for the rest of their lives.
● Students B. Students have the right to a meaningful curriculum and the right to voice their opinions, through representatives through representatives of the student government, in the development of such a curriculum.
● Students C. Students have the right to physical safety, safe buildings, and sanitary facilities.
● Students D. Students have the right to consultation with teachers, counselors, administrators, and anyone else connected with connected with the school if they so desire, without fear of reprisal.
● Students E. Students have the right to free elections of their peers in student government, and all students have the right the right to seek and hold office in accordance with the provisions of the student government constitution and in keeping and in keeping with the extracurricular guidelines of the District.
● Students F. Students have the right to be made aware of administrative and/or faculty committee decisions and to be aware be aware of the policies set forth by the Governing Board and school.
● Legal G. Legal guardians or authorized representatives have the right to see the personal files, cumulative folders, or transcripts or transcripts of their children who are under the age of eighteen (18) years. School authorities may determine the determine the time and manner of presentation of this information.
● StudentsH. Students' academic performance shall be the prime criterion for academic grades; however, noncompliance with noncompliance with school rules and regulations may affect grades (e.g., unexcused absences).
● Students I. Students shall not be subjected to unreasonable or excessive punishment.
● Students J. Students have the right to be involved in school activities, provided they meet the reasonable qualifications of sponsoring qualifications of sponsoring organizations, state organizations, and school regulations.
● Students K. Students have the right to express their viewpoints in accordance with District Policy JICEC - Freedom of Expressionof Expression.
● Married L. Married students share these rights and responsibilities, including the opportunity to participate in the full range full range of activities offered by the school, and shall be subject to the rules and regulations of the school.
Responsibilities:
● Students A. Students have the responsibility to respect the rights of all persons involved in the educational process and to exercise to exercise the highest degree of self-discipline in observing and adhering to school rules and regulations.
● Students B. Students have the responsibility to take maximum advantage of the educational opportunities available and seek and seek to achieve a meaningful education.
● All C. All members of the school community, including students, parents, and school staff members, have the responsibility the responsibility to promote regular attendance at school.
● Students D. Students have the responsibility to protect school property, equipment, books, and other materials issued to or used to or used by them in the instructional process. Students will be held financially responsible for any loss or intentional or intentional damage caused to school property.
● Students E. Students have the responsibility to complete all course assignments to the best of their ability and to complete make complete make up work after an absence.
● Students F. Students have the responsibility to help maintain the cleanliness and safety of the school buildings and propertyand property.
● Students G. Students have the responsibility to present themselves in class at the prescribed time and with the necessary materialsnecessary materials.
A primary task of the school is to create a stimulating learning climate that develops active involvement of students in their education and develops a spirit of inquiry. This climate is created when students work together with school staffs in staff in such activities as planning and evaluating school programs.
The District encourages student involvement that will enhance:
● Achievement A. Achievement of the course goals, improvement of the courses of study, and planning of classroom activities.
● Freedom B. Freedom of expression, recognizing that every privilege and right has a corresponding responsibility.
● Student C. Student participation in assembly programs and school-sponsored forums of interest.
● Participation D. Participation in student government organizations that provide students with a voice in school affairs.
● Cocurricular E. Cocurricular or extracurricular activities that broaden their educational experiences.
Adopted: date of 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
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:
● Any A. Any conduct intended to obstruct, disrupt, or interfere with teaching, research, service, administrative or disciplinary or disciplinary functions, or any activity sponsored or approved by the Board.
● Threatening B. Threatening an educational institution by interference with or disruption of the school per A.R.S. 13-2911 and and 15-841.
● Physical C. Physical abuse of or threat of harm to any person on District owned or controlled property or at District sponsored District sponsored or supervised functions.
● Damage D. Damage or threat of damage to property of the District, regardless of the location, or to property of a member of member of the community or a visitor to the school, when such property is located on District controlled premises.
● Forceful E. Forceful or unauthorized entry to or occupation of District facilities, including both buildings and grounds.
● Unlawful F. Unlawful use, possession, distribution, or sale of tobacco, alcohol, or drugs or other illegal contraband on District on District property or at school-sponsored functions.
● Conduct G. Conduct or speech that violates commonly accepted standards of the District and that, under the circumstancesthe circumstances, has no redeeming social value.
● Failure H. Failure to comply with the lawful directions of District officials or any other law enforcement officers acting in performance acting in performance of their duties, and failure to identify themselves to such officials or officers when lawfully requested lawfully requested to do so.
● Knowingly I. Knowingly committing a violation of District rules and regulations. Proof that an alleged violator has a reasonable a reasonable opportunity to become aware of such rules and regulations shall be sufficient proof that the that the violation was done knowingly.
● Engaging J. Engaging in any conduct constituting a breach of any federal, state, or city law or duly adopted policy of the Boardthe Board.
● Carrying K. Carrying or possessing a weapon on school grounds.
School rules and other reasonable expectations for acceptable student behavior are extended to include student conduct while going to and from school and while off campus during the normal school day, attending other schools or events on or off campus after the school day ends. This includes the responsibility to observe traffic and pedestrian laws and the responsibility to act as a good neighbor, respecting the safety, welfare, and property of others during lunch hour and released periods. Failure to conduct oneself in a safe manner or to act as a good neighbor within the school community may result in disciplinary action.
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 is may be delegated to principals for their individual schools.
All regulations promulgated under this delegation must conform to Board policy and regulations of the Superintendent.
Adopted: date of Manual adoptionAdopted: <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
13-105
13-604
13-2911
15-341
15-507
15-521
15-841
15-842
15-843
CROSS REF.:
GBEB - Staff Conduct
JK - Student Discipline
JKD - Student Suspension
JKE - Expulsion of Students
KFA - Public Conduct on School Property
The Board recognizes that each student's mode of dress and grooming is a manifestation of personal style and individual preference. The Board will not interfere with the right of students and their parents to make decisions regarding their appearance except when their choices affect the educational program of the schools or the health and safety of others.
The Board authorizes the Superintendent to develop and enforce school regulations prohibiting student dress or grooming practices that:
● Present A. Present a hazard to the health or safety of the student or to others in the school.
● Materially B. Materially interfere with school work, create disorder, or disrupt the educational program.
● Cause C. Cause excessive wear or damage to school property.
● Prevent D. Prevent students from achieving their educational objectives.
● Represent E. Represent membership in a gang.
Obscene language or symbols, or symbols of sex, drugs, or alcohol on clothing are expressly prohibited.
Adopted: date of Manual adoption <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-341
CROSS REF.:
JICF - Secret Societies/Gang Activity
Elementary students may not leave the school grounds during the school day unless released in the custody of a parent, legal guardian or authorized emergency contact person.
High school students may not leave the school grounds during the school day unless they have an approved shortened class schedule, attend classes at another District high school, attend classes at an approved educational institution or are assigned to a District approved internship/work program. Requests for release of students during the school day, for reasons not noted above, will be recognized from parent, legal guardian or authorized emergency contact person only.
The Peoria Unified School District maintains a closed campus during the lunch period at all District high schools. High school students may not leave campus for lunch unless they have their parent, legal guardian or authorized emergency contact person sign them out of school in the attendance office for their assigned lunch period.
Adopted: date of Manual adoption
LEGAL REF.
A.R.S.
15-341
REGULATION
STUDENT DRESS
The District encourages students to take pride in their attire as it relates to the school setting. Students should dress in a manner that, in addition to the following guidelines, takes into consideration the educational environment, safety, health, and welfare of self and others.
● Only A. Only tailored shorts and skirts that are hemmed may be worn in grades kindergarten (K) through twelve (12).
● Bare B. Bare midriffs, halter tops, and spaghetti straps are not acceptable past the third grade.
● Bare C. Bare feet are never acceptable. In the interests of student safety, shoes must be worn at all times. Closed shoes Closed shoes are to be worn for any type of physical activity, such as physical education, et cetera.
● Jewelry D. Jewelry shall not be worn if it presents a safety hazard to self and/or others.
● Profane E. Profane or defamatory writing on clothing or jewelry is not acceptable.
● No F. No bandannas of any color, size, or shape may be carried or displayed in any classroom or at any school activityschool activity. This This also includes simulations of anything representing "colors."
● No G. No hats may be worn in a classroom, except for properly approved occupational safety headgear required for special for special classes.
● GangH. Gang-related personalization is not permitted on hats, on items of clothing, or on one's person.
● Obscene I. Obscene language or symbols, or symbols of drugs, sex, or alcohol on clothing are expressly prohibited.
Exceptions for special activities or health considerations may be preapproved by the administrator.
Students who volunteer for extracurricular activities, such as athletics, band, chorus, et cetera, are subject to the standards of dress as defined by the sponsors of such activities.
Each student is expected to take pride in the physical appearance of the school. Teachers and students should be observant at all times to prevent damage or destruction of school property. Any marking or marring of school property should be reported to the office at once.
No student shall damage or deface any property belonging to the District. The type of discipline that may be imposed for damage to school property by students depends upon the circumstances. Students may be subject to discipline for willful damage or destruction of school property.
If any minors engage in conduct that results in damage to District property, the District may institute formal charges for the purpose of having the court order the minors, or their parents, to make full or partial restitution to the District in accordance with law.
Adopted: date of Manual 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 -->
REGULATION
STUDENT PUBLICATIONS
Students shall be required to submit publications to the principal for approval prior to distribution.
Students possess inalienable rights to develop, believe, and follow personal viewpoints and beliefs to the extent their viewpoints and beliefs do not infringe upon nor denigrate the same rights of others.
The District shall not discriminate against students or parents on the basis of a religious viewpoint or religious expression. If a student includes in an assignment a viewpoint expression, an evaluation of the student's work shall be based on ordinary standards of substance and relevance to the course curriculum or requirements of the coursework or assignment, and shall not penalize or reward the student on the basis of religious content or viewpoint.
Students are to be permitted to pray or engage in religious activities or expression in the same manner and to the same extent as students are permitted to engage in nonreligious activities or expression, before, during, and after the school day.
To the extent and in the manner that other types of clothing, accessories, and jewelry displaying messages or symbols are permitted, students are permitted to wear clothing, accessories, and jewelry that display religious messages or symbols.
Acknowledging and permitting the above freedoms is not to be interpreted to mean the District is requiring any person to participate in prayer or other religious activities nor attempting to violate the constitutional rights of any person.
The District does retain its rights to:
● Maintain A. Maintain order and discipline on District property in a content and viewpoint neutral manner.
● Protect B. Protect the safety of students, employees, and visitors on District property.
● Adopt C. Adopt and enforce policies and regulations concerning student speech while on District property in a manner that manner that does not violate a student's state and federal constitutional rights.
● Adopt D. Adopt and enforce policies and regulations that ban student clothing, accessories, and jewelry worn to convey affiliation 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:
● Submitted A. Submitted to the school principal a written complaint containing specific facts of the alleged violation.
■ TheB. The principal shall investigate the complaint and provide a written response within fifteen (15) days
of receivingof receiving the complaint describing any action taken by the principal to resolve the complaint.
If the principal's actions do not resolve the complaint, the student or the student's parent shall:
● Submit A. Submit written complaint containing specific facts of the alleged violation to the Superintendent or other designated other designated administrator.
■ TheB. The Superintendent or other designated administrator shall investigate the complaint and provide
a writtena written response within twenty-five (25) days of receiving the complaint describing any action
taken by the Superintendenttaken by the Superintendent or other designated administrator to resolve the complaint.
If the action taken by the Superintendent or other designated administrator does not resolve the complaint the student or the student's parent may pursue legal action to enforce this policy.
Adopted: 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
EXHIBIT
FREEDOM OF EXPRESSION
COMPLAINT FORM
(To be filed with the school principal)
Additional pages may be attached if more space is needed.
Please print:
Name Name ____________________________________ ____ Date Date _______________
Address ____________________________________________________________
Telephone _____________ Another phone where you can be reached __________
During the hours of of ___________________________________________________
E-mail address ______________________________________________________
I wish to complain against:
Name of person, school (department), program, or activity ____________________
________________________________________________________________________
________________________________________________________________________
Address ____________________________________________________________
Specify your complaint by stating the problem as you see it. Describe the incident, the participants, the background to the incident, and any attempts you have made to solve the problem. Be sure to note relevant dates, times, and places.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
If there is anyone who could provide more information regarding this, please list name(s), address(es), and telephone number(s).
Name Address Name Address Telephone Number
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
The projected solution
Indicate what you think can and should be done to solve the problem. Be as specific as possible.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
I certify that this information is correct to the best of my knowledge.
_______________________________________ _________________________
Signature of Complainant Date Complainant Date Signed
_______________________________________ _________________________
Principal receiving the initial complaint Date complaint Date initial complaint received
The principal shall give one (1) copy to the complainant and retain one (1) copy for the file.
Gangs that initiate, advocate, or promote activities that threaten the safety or well-being of persons or property on school grounds or disrupt the school environment are harmful to the educational process. The use of hand signals, graffiti, or the presence of any apparel, jewelry, accessory, or manner of dress or grooming that, by virtue of its color, arrangement, trademark, symbol, or any other attribute indicates or implies membership or affiliation with such a group is prohibited because of the disruption to educational activities that results from such activities or dress. It is the District's position that such activities and dress also present a clear and present danger to other District students and to District staff members.
Any activity involving an initiation, hazing, intimidation, assault, or other activity related to group affiliation that is likely to cause or does cause bodily danger, physical harm, or personal degradation or disgrace resulting in physical or mental harm to students or others is prohibited.
Any student wearing, carrying, or displaying gang paraphernalia and/or exhibiting behavior or gestures that symbolize gang membership, or causing and/or participating in activities that intimidate or adversely affect the educational activities of another student, or the orderly operation of the schools, shall be subject to disciplinary action.
Adopted: date of Manual adoption <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
12-661
13-105
13-1202
13-2911
15-341
15-342
15-507
15-521
15-841
15-842
15-843
A.A.C.
R7-2-401
R7-2-405
A.G.O.
I78-103
I78-218
I80-055
I84-036
REGULATION
SECRET SOCIETIES / GANG ACTIVITY
For the purpose of District policy, a gang is a group of three (3) or more people who:
● Interact A. Interact together to the exclusion of others;
● Claim B. Claim a territory or area;
● Have C. Have a name;
● Have D. Have rivals/enemies; and
● Exhibit E. Exhibit antisocial behavior - often associated with crime or a threat to the community.
The type of dress, apparel, activities, acts, behavior or manner, or grooming displayed, reflected, or participated in by the student shall not:
● LeadA. Lead school officials to believe that such behavior, apparel, activities, acts, or other attributes are gang
related orrelated or would disrupt or interfere with the school environment or activity and/or educational objectives;
● PresentB. Present a physical safety hazard to self, students, staff members, or other employees.
● CreateC. Create an atmosphere in which the well-being of a student, staff member, or other person is hindered
by undueby undue pressure, behavior, intimidation, overt gesture, or threat of violence; or
● ImplyD. Imply gang membership or affiliation by written communication, marks, drawing, painting, design, or
emblem uponemblem upon any school or personal property or on one's person.
If the student's dress is in violation of this regulation or a District policy, the principal will ask the student to make the appropriate correction. If the student refuses, the parent/guardian may be notified and asked to make the necessary correction. The principal will take appropriate corrective and disciplinary action.
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
There shall be no hazing, solicitation to engage in hazing, or aiding and abetting another who is engaged in hazing of any person enrolled, accepted for or promoted to enrollment, or intending to enroll or be promoted to District schools within twelve (12) calendar months. For purposes of this policy a person as specified above shall be considered a "student" until graduation, transfer, promotion or withdrawal from the District school.
"Hazing" means any intentional, knowing or reckless act committed by a student, whether individually or in concert with other persons, against another student, and in which both of the following apply:
● The A. The act was committed in connection with an initiation into, an affiliation with, or the maintenance of membership of membership in any organization that is affiliated with an education institution.
● The B. The act contributes to a substantial risk of potential physical injury, mental harm or degradation, or causes physical causes physical injury, mental harm or personal degradation.
"Organization" means an athletic team, association, order, society, corps, cooperative, club, or similar group that is affiliated with an educational institution and whose membership consists primarily of students enrolled at that educational institution.
It is no defense to a violation of this policy if the victim consented or acquiesced to hazing.
In accord with statute, violations of this policy do not include either of the following:
● Customary A. Customary athletic events, contests or competitions that are sponsored by an educational institution.
● Any B. Any activity or conduct that furthers the goals of a legitimate educational curriculum, a legitimate extracurricular legitimate extracurricular program, or a legitimate military training program.
All students, teachers and staff shall take reasonable measures within the scope of their individual authority to prevent violations of this policy.
Students and others may report hazing to any professional staff member.
Professional staff members must report the incident to the school administrator or next higher administrative supervisor, in writing, with such details as may have been provided. A failure by a staff member to timely inform the school administrator or next higher administrative supervisor of a hazing allegation or their observation of an incident of hazing may subject the staff member to disciplinary action in accord with District policies. The staff member shall preserve the confidentiality of those involved, disclosing the incident only to the appropriate school administrator or next higher administrative supervisor or as otherwise required by law. Any instance of reported or observed hazing which includes possible child abuse or violations of statutes known to the staff member shall be treated in accord with statutory requirements and be reported to a law enforcement agency.
To assure that students and staff are aware of its content and intent, a notice of this policy and procedure shall be posted conspicuously in each school building and shall be made a part of the rights and responsibilities section of the student handbook. Forms for submitting complaints are to be available to students and staff in the school offices.
Disposition of all reports/complaints shall be reported to the Superintendent. The Superintendent will determine if the policies of the District have been appropriately implemented and will make such reports and/or referrals to the Board as may be necessary.
All violations of this policy shall be treated in accord with the appropriate procedures and penalties provided for in District policies related to the conduct and discipline of students, staff, and others.
Adopted: date of 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
REGULATION
DATING ABUSE
Complaint Procedure
The District is committed to investigating each substantiated complaint and to taking appropriate action on all confirmed violations of policy. The principal shall investigate and document complaints filed pursuant to this regulation. In investigating the complaint, the principal will maintain confidentiality to the extent reasonably possible. The principal shall also investigate incidents of policy violation that are raised by employees, community members or students even though no written complaint has been made. It is the responsibility of all District employees to respond to any alleged or known incident of dating abuse in a manner that is consistent with District training.
If after the initial investigation the principal has reason to believe a violation of policy has occurred, the principal shall determine the appropriate response. The principal shall impose discipline on students who violate this policy in accordance with Policies JK, JKD and JKE.
If the principal's investigation reveals no reasonable cause to believe policy has been violated, the principal shall so inform the complaining student.
Students have the responsibility to file a complaint as soon as possible but within thirty (30) days of the alleged incident. A staff member who becomes aware of a suspected or known dating abuse situation shall make a report to the principal immediately. The principal's investigation will be concluded within five (5) days of the receipt of the complaint.
Staff Training
School principals shall coordinate annual training as part of required professional development for all staff members. Components of this training will be provided to the principal by the District. The Superintendent will oversee the development of the staff training. The training shall include but not be limited to:
A. Review of Governing Board policy.
B. Responsibilities of school employees.
C. Characteristics and identification of dating abuse.
D. Accommodation of victim needs.
E. Crisis intervention and safety planning.
F. Reporting procedures.
G. Legal considerations.
Student Curriculum
An age-appropriate dating abuse curriculum established by the District will be presented to students in grades seven (7) through twelve (12). The curriculum shall include the following components:
A. A definition of dating abuse.
B. The recognition of dating abuse warning signs.
C. The characteristics of healthy relationships.
The Superintendent will oversee the initial and ongoing development of the curriculum. School principals shall oversee the presentation of the curriculum and work with instructional staff to ensure delivery of the curriculum meets District standards.
Documentation
Each school administrator shall maintain documentation of each case of dating abuse that is addressed. The documentation will be kept for a period of time in accordance with the records retention requirements established by the Arizona State Library, Archives and Public Records. Access to student files is governed by state and federal law. In accordance with the Family Education Rights and Privacy Act (FERPA), parents and legal guardians have a right to access their children's school records until the child turns eighteen (18), including files that involve dating abuse.
Reporting
Students are encouraged to report all known or suspected instances of dating abuse involving themselves or other students.
When District officials have a reasonable belief or an investigation reveals that a reported incident may constitute an unlawful act, law enforcement authorities will be informed.
REGULATION
HAZING
A person who reports or complains regarding hazing may report or complain directly to the school administrator or to a professional staff member. The professional staff member receiving the report/complaint shall retrieve sufficient detail from the person to complete the form designated for such purpose. At a minimum the report/complaint shall be put in writing containing the identifying information on the complainant and such specificity of names, places and times as to permit an investigation to be carried out. When a professional staff member receives the information, the staff member will transmit a report to the school administrator or supervising administrator not later than the next school day following the day the staff member receives the report/complaint.
The report/complaint will be investigated by the school administrator or a supervising administrator. The procedures to be followed are:
● AnA. An investigation of the reported incident or activity shall be made within ten (10) school days when school is
in sessionin session or within fifteen (15) days during which the school offices are open for business when school is not
in sessionin session. Extension of the time line may only be by necessity as determined by the Superintendent.
● TheB. The investigator shall meet with the person who reported/complained at or before the end of the time
period andperiod and shall discuss the conclusions and actions to be taken as a result of the investigation. Confidentiality
of recordsof records and student information shall be observed in the process of making such a report.
● TheC. The investigator shall prepare a written report of the findings and a copy of the report shall be provided to
the Superintendentthe Superintendent.
Where disciplinary action is necessary, District policies shall be followed.
EXHIBIT
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 _________
EXHIBIT
HAZING
(File with a school administrator, the administrator's
supervisor, or a professional staff member)
Additional pages may be attached if more space is needed.
Please print:
Name Name _____________________________________ Date ___ Date _______________
Address ____________________________________________________________
Telephone ______________________________ During the hours of of _____________
Another phone where you can be reached _________________________________
E-mail address ______________________________________________________
Report/Complaint:
Specify your complaint by stating the problem as you see it. Describe the incident, the participants, and the background to the incident. Be sure to note relevant dates, times, and places.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
If there is anyone who could provide more information regarding this, please list name(s), address(es), and telephone number(s).
Name Address Telephone Name Address Telephone Number
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
The projected solution
Indicate what you think can and should be done to solve the problem. Be as specific as possible.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
I certify that this information is correct to the best of my knowledge.
____________________________________ _____ _______________________
Student
Student Date
____________________________________ _____ _______________________
Administrator or professional staff member member Date initial complaint received
receiving initial complaint
The investigating administrator shall give one (1) copy to the complainant and retain one (1) copy for the file.
EXHIBIT
HAZING
(To be displayed in school buildings and
placed in student handbooks)
There shall be no hazing, solicitation to engage in hazing, or aiding and abetting another who is engaged in hazing of any person enrolled, accepted for or promoted to enrollment, or intending to enroll or be promoted to schools within twelve (12) calendar months. For purposes of Policy JICFA and this policy exhibit a person as specified above shall be considered a "student" until graduation, transfer, promotion or withdrawal from the school.
Definitions
"Hazing" means any intentional, knowing or reckless act committed by a student, whether individually or in concert with other persons, against another student and in which both of the following apply:
● The A. The act was committed in connection with an initiation into, an affiliation with or the maintenance of membership of membership in any organization that is affiliated with an educational institution.
● The B. The act contributes to a substantial risk of potential physical injury, mental harm or degradation, or causes 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.
Directions
It is no defense to a violation of this policy if the victim consented or acquiesced to hazing.
In accord with statute, violations of this policy do not include either of the following:
● Customary A. Customary athletic events, contests or competitions that are sponsored by an educational institution.
● Any B. Any activity or conduct that furthers the goals of a legitimate educational curriculum, a legitimate extracurricular legitimate extracurricular program or a legitimate military training program.
All students, teachers and staff shall take reasonable measures within the scope of their individual authority to prevent violations of Policy JICFA and this policyexhibit.
Reporting/Complaint Procedure
Students and others may report hazing to any professional staff member. Professional staff members must report the incident to the school administrator or next higher administrative supervisor, in writing, with such details as may have been provided. A failure by a staff member to timely inform the school administrator or next higher administrative supervisor of a hazing allegation or their observation of an incident of hazing may subject the staff member to disciplinary action in accord with School school policies. The staff member shall preserve the confidentiality of those involved, disclosing the incident only to the appropriate school administrator or next higher administrative supervisor or as otherwise required by law. Any instance of reported or observed hazing which includes possible child abuse or violations of statutes known to the staff member shall be treated in accord with statutory requirements and be reported to a law enforcement agency.
A person who complains or reports regarding hazing may complain or report directly to the school administrator or to a professional staff member. The professional staff member receiving the report/complaint shall retrieve sufficient detail from the person to complete the form designated for such purpose. At a minimum the report/complaint shall be put in writing containing the identifying information on the complainant and such specificity of names, places and times as to permit an investigation to be carried out. When a professional staff member receives the information, the staff member will transmit a report to the school administrator or supervising administrator not later than the next school day following the day the staff member receives the report/complaint.
The report/complaint will be investigated by the school administrator or a supervising administrator. The procedures to be followed are:
● An A. An investigation of the reported incident or activity shall be made within ten (10) school days when school is in session in session or within fifteen (15) days during which the school offices are open for business when school is not in sessionin session. Extension of the time line may only be by necessity as determined by the Superintendent.
● The B. The investigator shall meet with the person who reported the incident at or before the end of the time period and period and shall discuss the conclusions and actions to be taken as a result of the investigation. Confidentiality of records of records and student information shall be observed in the process of making such a report.
● The C. The investigator shall prepare a written report of the findings and a copy of the report shall be provided to the Superintendentthe Superintendent.
All violations of Policy JICFA and this policy exhibit shall be treated in accord with the appropriate procedures and penalties provided for in School policies related to the conduct and discipline of students, staff, and others.
The possession or use of tobacco products, tobacco substitutes, electronic cigarettes, other chemical inhalation devices, or vapor products is prohibited in the following locations:
● School A. School grounds.● School
B. School buildings.
● School C. School parking lots.
● School D. School playing fields.
● School E. School buses and other District vehicles.
● OffF. Off-campus school-sponsored events.
The Superintendent may establish procedures necessary to implement this policy. Disciplinary penalties for the possession or use of tobacco or similar products (including any inhaled tobacco substitute) may include, but are not limited to, suspension of the student from school or a recommendation for expulsion when there is evidence of repeated and continuous violation of this policy.
Under the provisions of A.R.S. 36-798.03, a person who violates the prohibition is guilty of committing a petty offense.
Adopted: December 17, 2013 <-- 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
� alcoholA. alcohol,� drugs
B. drugs,
� synthetic C. synthetic drugs,
� counterfeit D. counterfeit drugs, or� imitation
E. imitation drugs,
on school property or at school events is prohibited. Nonmedicalis 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:
● All A. All dangerous controlled substances prohibited by law.
● All B. All alcoholic beverages.
● Any C. Any prescription or over-the-counter drug, except those for which permission to use in school has been granted been granted pursuant to Board policy.
● Hallucinogenic D. Hallucinogenic substances.● Inhalants
E. ● Synthetic Inhalants.
F. Synthetic, counterfeit or imitation drugs.
§ A A compound or substance, regardless of its contents, compound or substance, that produces in the user an user an experience, effect and/or display of effects that mimic the experience, effect and/or display of effects produced effects produced by substances controlled or prohibited by law, or that is represented as producing in the user such 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: December 17, 2013 <-- 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.:
JLC - Student Health Services and Requirements
JLCD - Administering Medicines to Students
REGULATION
DRUG AND ALCOHOL
USE BY STUDENTS
Drug Abuse Prevention
The following administrative procedures are to be used to implement the Governing Board policy on drug abuse prevention:
● It A. It shall be the responsibility of all school employees to report to the principal or other administrator in charge all charge all suspected instances of the use, possession, or sale of drugs.
● Distribution B. Distribution or sale of drugs:
■ When 1. When it is reasonably certain that a student is involved in the distribution or sale of drugs, law enforcement law enforcement authorities and parent(s) or legal guardian(s) shall be contacted.
■ A 2. A student who has been determined to be involved in the distribution of drugs shall be reported to the law reported to the law enforcement authorities and shall be subject to suspension or expulsion.
● Possession C. Possession of drugs:
■ Law 1. Law enforcement authorities shall be contacted when the principal determines that drugs to be used for nonmedical for nonmedical purposes are found in the possession of a student. The principal may also contact law enforcement law enforcement authorities to help make such a determination. Students who are in possession of drugs to drugs to be used for nonmedical purposes may be suspended or expelled.
■ A 2. A student who has been suspended for a drug-related offense for a second time will be referred to the Superintendent the Superintendent for further action (A.R.S. 15-843).
● Under D. Under the influence of drugs:
■ A 1. A student who is reasonably suspected of being under the influence of drugs shall be referred to the school the school office.
■ The 2. The parent(s) or legal guardian(s) of a student who is determined to be under the influence of drugs shall drugs shall be contacted. The student may be suspended or expelled.
■ A 3. A student who has been involved in a drug-related offense for a second time will be referred to the Superintendent the Superintendent for further action (A.R.S. 15-843).
● Student E. Student who seeks help:
■ The 1. The District does not condone the nonmedical use of drugs. The need for the availability of help to those help to those who use/abuse drugs is recognized. It is the position of the District that communications between students communications between students and professional staff members will be held in trust unless it becomes evident that evident that withholding information may result in harm or injury to the student or others. Staff members shall members shall refer students who seek help to the school nurse.
● Involvement F. Involvement with medical drugs (medication):
■ A 1. A student who needs access to medical drugs in school shall leave them, in the original container, with the with the school nurse. Permission and written directions from a physician concerning their use shall be left with left with the school nurse.
■ Students 2. Students who are in possession of medically approved drugs, but have not followed the directions described directions described above, shall be disciplined in accordance with school disciplinary policies.
■ Students 3. Students who distribute such drugs to others will be considered as distributing drugs for nonmedical purposesnonmedical purposes.
● Parental G. Parental involvement:
■ When 1. When the school principal questions a student who is reasonably suspected of having violated the school the school drug policy, reasonable efforts shall be made to notify the student's parents or legal guardian that guardian that such questioning has taken place.
■ Reasonable 2. Reasonable efforts shall be made to notify the parents or legal guardian of a student who has been determined been determined to have violated the school drug policy.
● Medical H. Medical services:
■ A 1. A student who is reasonably suspected of being under the influence of drugs while school is in session shall session shall be referred to the school nurse. Such cases shall be treated like any other medical problem.
■ When 2. When there is reasonable suspicion that any student is under the influence of drugs while at a school activity school activity and health services are unavailable, it shall be the responsibility of the supervisor on duty to call to call for appropriate assistance.
● Return I. Return to school:
■ When 1. When a student has returned from a suspension for using drugs for nonmedical purposes, reasonable efforts reasonable efforts should be made by school personnel and parent(s) or legal guardian(s) to prevent the problem from problem from recurring. The process could include, but not necessarily be limited to, the following:
⇒ Utilization a. Utilization of community-based programs.
⇒ Inb. In-school group or individual counseling.
⇒ An c. An effort by the professional staff to help the student emphasize the positive alternative to drug-use behavior.
● Student J. Student neglect, child abuse, or child maltreatment:
■ A 1. A staff member who believes that a parent or other adult is contributing to drug-using behavior of a student a student shall confer with the principal.
■ Such 2. Such a conference does not change the duty of the staff member to ensure that the case is referred to the referred to the appropriate child protective services for further investigation.
● Drug K. Drug education:
■ Substance 1. Substance abuse prevention shall be combined with health, science, citizenship, or a similar program.
■ In 2. In addition to the established curriculum, the principal shall direct the use of other educational informationeducational information, including, but not necessarily limited to, assemblies, speakers, printed materials, class discussions class discussions, and bulletin board materials.
● Parent and community education:
■ AtL. Student counseling.
1. Counseling should emphasize drug abuse prevention as well as treatment, and an effort should be made to make it available to all students who desire this service.
2. Counseling may be done individually or in groups.
3. When a student seeks out an employee other than a counselor to discuss a drug problem, the particular staff member shall advise the counselor.
M. Staff education:
1. Within the first thirty (30) days of each school year, the Superintendent shall arrange a meeting that will include information on drug abuse prevention. The program will be conducted by personnel trained in drug abuse prevention and will include, but not necessarily be limited to, District policies and procedures, identification of commonly used drugs, and an approach that recognizes the dignity and worth of each student.
N. Parent and community education:
1. At least once annually, the District shall sponsor a program for the community on its drug abuse prevention abuse prevention programs. In addition to presentations by school staff members, the program may include representatives may include representatives of law enforcement agencies and medical professions.
■ Additionally2. Additionally, the District may offer programs in parent effectiveness training.
■ News 3. News releases and other forms of communications may be used to educate parents and the communitythe community, using regular school channels for such purposes. Such communications will be approved be approved by the Superintendent.
Confidentiality
In order to preserve the rights of those in a counseling relationship, the counselor will inform the individual that information within the school setting cannot always be kept confidential. In some cases it will be referred to the appropriate individual or agency. Such cases may include those that endanger the welfare of the student or others.
The student shall be advised that school records include data concerning school achievement, test results, and attendance. School records are protected by federal and state statutes and do not include information concerning drug involvement.
EXHIBIT
STUDENT INTERROGATIONS,
SEARCHES, AND ARRESTS
FORM FOR SIGNATURE OF
INTERVIEWING OFFICER
I, _____________________________, a duly sworn peace officer and member of the ___________________________ Department, ___________________ division, have asked that _________________________, a student in the _______________________________________ School, be made available for interview.
Date ______________________ Signature _________________________
Time ______________________ Badge Number ____________________
School Action
Date and time parents notified (if more than one [1] attempt is made, include
such information here) ____________________________________________
_______________________________________________________________
___________________________________
Signature of Administrator
1 copy for School Records
1 copy for Parent Mailing
1 copy for Police Officer
1 copy for Witnessing Administrator
EXHIBIT
DRUG AND ALCOHOL
USE BY STUDENTS
In order to comply with federal funding requirements, the District shall:
● GatherA. Gather information relative to local community drug and alcohol counseling, rehabilitation, and
reentry programsreentry programs that are available to students and make such information available to parents and students.
● AnnuallyB. Annually distribute a copy of standards of conduct and the statement of disciplinary sanctions that apply
to alcoholto alcohol and drug violations. A copy of all rules pertaining to discipline, suspension, and expulsion shall
be distributedbe distributed to students, parents, and transfer students at the time of initial enrollment and annually at
the beginningthe beginning of school.
● IndicateC. Indicate in a statement (which could accompany the copy of conduct standard and sanctions) that the use
of illicitof illicit drugs and the unlawful possession and use of alcohol are wrong and harmful.
The District should perform a biennial review of the programs to:
● Ensure A. Ensure that disciplinary sanctions for students are consistently enforced.
● Determine B. Determine program effectiveness and implement change to the program if needed.
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. Weaponmeans means any of the following:
■ A 1. A firearm.■ A knife,
other than a folding pocket knife with a blade length of not more than two and one-half (2 1/2) inches that cannot be locked in an open position.■ A . A knife.
3. A destructive device.
■ A 4. A dangerous instrument.
● B. Simulated weaponmeans means an instrument displayed or represented as a weapon.
● C. Firearmmeans means any of the following:
■ Any 1. Any loaded or unloaded gun that will, that is designed to, or that may readily be converted to expel a projectile a projectile by the action of an explosive.
■ The 2. The frame or receiver of any such firearm.
■ Any 3. Any firearm muffler or silencer.
■ Any 4. Any explosive, incendiary, poison gas, bomb, grenade, rocket having a propellant charge of more than four than four (4) ounces, missile having an explosive charge of more than one-fourth (1/4) ounce, mine, or similar devicesimilar device.
■ Any 5. Any combination of parts that could be readily assembled to form a firearm.
● D. Destructive devicemeans means:
■ Any 1. Any device other than a firearm that will, or is designed to, or may be readily converted to expel a projectile a projectile by any means of propulsion, such as a BB/pellet gun, slingshot, bow, or crossbow.
■ Any 2. Any collection of parts that could be readily assembled to form a destructive device.
● E. Dangerous instrumentmeans means anything other than a firearm, knife, or destructive device that is carried or possessed or possessed by a student for the purpose of being used or being available for use to cause death or inflict serious inflict serious physical injury.
● F. School premisesmeans means the school, school grounds, school buses, or any premises, grounds, or vehicles used for used for school purposes and includes premises where school-sponsored events (for example, athletic games and competitionsand competitions, music competitions, et cetera) are held away from District property.
● G. Deadly weaponmeans 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
● has A. has the effect of physically harming a student, damaging a student's property, or placing a student in reasonable in reasonable fear of harm or damage to property,
● is B. is sufficiently severe, persistent or pervasive that the action, behavior, or threat creates an intimidating, threatening threatening, or abusive environment in the form of physical or emotional harm,
● occurs C. occurs when there is a real or perceived imbalance of power or strength, or
● may 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
● verbalA. verbal, written/printed or graphic exposure to derogatory comments, extortion, exploitation, name calling, or rumor or rumor spreading either directly through another person or group or through cyberbullying,
● exposure B. exposure to social exclusion or ostracism with malicious intent,
● physical C. physical contact including but not limited to pushing, hitting, kicking, shoving, or spitting, and
● damage 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
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 reportsuspected incident of harassment, intimidation or bullying.
The principal shall investigate all 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
● occur A. occur during the first (1st) week of each school year,
● be B. be provided to each incoming student during the school year at the time of the student's registration,
● be C. be posted in each classroom and in common areas of the school, and
● be 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
● Governing A. Governing Board policy,
● preventive B. preventive measures,
● incident C. incident reporting procedures,
● available D. available support services for students (both proactive and reactive), and
● student 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: January 24, 2013 <-- 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
REGULATION
STUDENT VIOLENCE BULLYING / HARASSMENT /
INTIMIDATION / BULLYING
The District does not tolerate bullying, harassment, or intimidation in any form. Further, the District shall investigate each complaint of bullying, harassment, or intimidation and will take appropriate, timely, and responsive action.
Bullying: Bullying may occur when a student or group of students engages in any form of behavior that includes such acts as intimidation and/or harassment that
● has A. has the effect of physically harming a student, damaging a student's property, or placing a student in reasonable in reasonable fear of harm or damage to property,
● is B. is sufficiently severe, persistent or pervasive that the action, behavior, or threat creates an intimidating, threatening threatening, or abusive environment in the form of physical or emotional harm,
● occurs C. occurs when there is a real or perceived imbalance of power or strength, or
● may D. may constitute a violation of law.
Any student who feels he or she has been the victim of bullying, harassment, or intimidation or suspects other students of being bullied, harassed, or intimidated should file a complaint with the principal or the principal's designee or other school employee. The student's report may be provided verbally or in writing. A student's verbal report will be documented in writing by the employee receiving the report.
Any staff member who becomes aware of or suspects that a student is experiencing bullying, harassment, or intimidation shall immediately notify the principal or the principal's designee. Employees may initially give verbal notice to the principal or the principal's designee, but designee but shall submit a written report to the principal or the principal's designee within one (1) school day of the verbal report.
Reprisal directed toward a student or employee for the reporting of a case of bullying, harassment, or intimidation or a suspected case of bullying, harassment, or intimidation will not be tolerated. Students involved directly or indirectly in reprisal will be disciplined pursuant to Board Policies JK, JKD, and JKE. Any suspected violation of the law will be reported to law enforcement authorities.
Investigation of submitted complaints shall be initiated by the principal or the principal's designee as soon as is feasible, but not later than two (2) school days after the initial report. Each investigation will be comprehensive to the extent determined appropriate by the principal or the principal's designee. In investigating the complaint, the principal or the principal's designee will maintain confidentiality to the extent reasonably possible, subject to the restrictions pertaining to disclosure of personally identifiable student information established in the Family Educational Rights and Privacy Act (FERPA).
Each investigation will be documented by the principal or the principal's designee. Documentation will be maintained by the District for at least six (6) years. In the event the District must report incidents to persons other than school officials or law enforcement, all individually identifiable information shall be redacted.
Should the principal or the principal's designee determine that bullying, 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 or the principal's designee will meet with the student who reported or was reported as being bullied, harassed, or intimidated to review the findings of the investigation. Additionally, the parent(s) or guardian(s) of the involved students will be informed of the findings of the investigation.
The Superintendent is responsible for determining the methods of information delivery to employees and students. The Superintendent shall provide to the school principals, supervisors and all other District employees the information necessary to comply with Governing Board Policy JICK. The information related to bullying, harassment, or intimidation is to include but not be limited to preventive measures, incident reporting, related support services available (proactive and reactive), student rights, employee responsibilities, and the ramifications of not reporting a bullying incident or suspicion of bullying, harassment, or intimidation. The information shall be disseminated to District personnel at the beginning of each year and as the Superintendent otherwise determines to be appropriate.
The principal or the principal's designee is responsible to ensure information related to bullying, harassment, or intimidation is disseminated to students, and parents and guardians. The information shall include but not be limited to Governing Board policy, incident reporting, support services (proactive and reactive) and student's rights. The dissemination of this information will
● occur A. occur during the first (1st) week of each school year,
● be B. be posted in each classroom and in common areas of the school,
● be C. be summarized in the student handbook and on the District website, and
● be D. be provided to each incoming student during the school year at the time of registration.
The principal or the principal's designee is also responsible to ensure information is disseminated to all students who report bullying, harassment, or intimidation, including, at the time the incident is reported, a written copy of student rights, protections and support services available to the student; a copy of the report shall also be given to the student's parent(s)/guardian(s).
The principal or the principal's designee is responsible for the maintenance of documentation related to bullying, harassment, or intimidation.
EXHIBIT
STUDENT VIOLENCE BULLYING / HARASSMENT /
INTIMIDATION / BULLYING
COMPLAINT FORM
(To be filed with any School District employee who will
forward this document
to the principal or the principal's designee)
Please print:
Name Name _____________________________________ ___ Date 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 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 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 ___________
EXHIBIT
STUDENT VIOLENCE BULLYING / HARASSMENT /
INTIMIDATION / BULLYING
(To be displayed in school buildings
and in student handbooks)
The Governing Board of the Peoria Unified _______________________________ 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
● has A. has the effect of physically harming a student, damaging a student's property, or placing a student in reasonable in reasonable fear of harm or damage to property,
● is B. is sufficiently severe, persistent or pervasive that the action, behavior, or threat creates an intimidating, threatening threatening, or abusive environment in the form of physical or emotional harm,
● occurs C. occurs when there is a real or perceived imbalance of power or strength, or
● may 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
● verbalA. verbal, written/printed or graphic exposure to derogatory comments, extortion, exploitation, name calling, or rumor or rumor spreading either directly though through another person or group or through cyberbullying,
● exposure B. exposure to social exclusion or ostracism,
● physical C. physical contact including but not limited to pushing, hitting, kicking, shoving, or spitting, and
● damage 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 or expect , 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 policyexhibit, 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.
Married students must report any name changes to their guidance counselors or the principal if school records are to reflect the married name on school transcripts. A student's marital status does not reduce the requirements or opportunities of the educational system in the District.
Adopted: date of Manual adoption <-- z2AdoptionDate -->
Interviews
School officials may question students regarding matters incident to school without limitation. The parent will be contacted if a student interviewed is then subject to discipline for a serious offense. A student may decline at any time to be interviewed by the School Resource Officer (SRO) or another peace officer.
When child abuse or abandonment of a student is alleged.
If a child protective services worker or peace officer enters the campus requesting to interview a student attending the school, the school administrator shall be notified. Access to interview shall be granted when the child to be interviewed is the subject of or is the sibling of or is living with the child who is the subject of an abuse or abandonment investigation. The personnel of the District shall cooperate with the investigating child protective services worker or peace officer. If a student is taken into temporary custody in accordance with A.R.S. 8-821, the child protective services worker or peace officer may be reminded to notify the student's parent of the custody, pursuant to A.R.S. 8-823. The child protective services worker or peace officer shall be requested to establish proper identification and complete and sign a "Form for Signature of Interviewing Officer." Six (6) hours following the relinquishment of custody by the school, school personnel may respond to inquiries about the temporary custody of the child and may, if considered necessary, call the parent.
Abuse or abandonment is not 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, present at the request of the school for the continued maintenance of safety and order, may interview students as necessary regarding school related issues as determined by school officials and parents will be contacted if the student is to be taken into custody or if the student is subject to discipline for a serious offense.
Searches
School officials have the right to search and seize property, including school property temporarily assigned to students, when there is reason to believe that some material or matter detrimental to health, safety, and welfare of the student(s) exists. Disrobing of a student is overly intrusive for purposes of most student searches and is improper without express concurrence from School District counsel.
Items provided by the District for storage (e.g., lockers, desks) or personal items are provided as a convenience to the student but remain the property of the school and are subject to its control and supervision. Students have no reasonable expectancy of privacy, and lockers, desks, storage areas, et cetera, may be inspected at any time with or without reason, or with or without notice, by school personnel.
Arrest
When a peace officer enters a campus providing a warrant or subpoena or expressing an intent to take a student into custody, the office staff shall request the peace officer establish proper identification, complete, and sign a form for signature of an arresting officer or interviewing officer. The school staff shall cooperate with the officer in locating the child within the school. School officials may respond to parental inquiries about the arrest or may, if necessary, explain the relinquishment of custody by the school and the location of the student, if known, upon contact by the parent.
Adopted: date of Manual adoption <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
1-215
8-303
8-304
8-802
8-821
8-823
13-3881
13-3883
15-342
A.G.O.
I04-033003
I77-211
I82-094
I88-062
I91-035
EXHIBIT
STUDENT INTERROGATIONS,
SEARCHES, AND ARRESTS
FORM FOR SIGNATURE OF
ARRESTING OFFICER
I, _______________________________________, a duly sworn peace officer and member of the _____________________________________________ Department, _____________________ division, have asked that _________________________, a student in the ________________________________________________________ School, be surrendered to me, and pursuant thereto have taken said student into my custody and am assuming full responsibility for the student's arrest.
Date
ACKNOWLEDGMENT CONCERNING USE
OF STUDENT LOCKERS
I acknowledge and understand that:
A. Student lockers are the property of the District.
B. Student lockers remain at all times under the control of the District.
C. I am expected to assume full responsibility for my school locker.
D. The District retains the right to inspect student lockers for any reason at any time without notice, without student consent, and without a search warrant.
_____________________ Signature ______________________________Time
Student
_____________________ Badge Number __________________________
School Action
Date and time parents notified (if more than one [1] attempt is made, include such information here) _____________________________________________________
__________________________________________________________________
___________________________________
Signature of Administrator
1 copy for School Records
1 copy for Parent Mailing
1 copy for Police Officer
1 copy for Witnessing Administrator
Locker Number
EXHIBIT
STUDENT INTERROGATIONS,
SEARCHES, AND ARRESTS
FORM FOR SIGNATURE OF
INTERVIEWING ARRESTING OFFICER
I, _______________________________________, a duly sworn peace officer and member of the ______________________________ _______________ Department, ________________ _____ division, have asked that _________________________, a student in the ________________ ________________________________________ School, be made available for interviewSchool, be surrendered to me, and pursuant thereto have taken said student into my custody and am assuming full responsibility for the student's arrest.
Date ______________________ Signature ______________________________
Time ______________________ Badge Number __________________________
School Action
Date and time parents notified (if more than one [1] attempt is made, include
such information here) _____________________________________________________
__________________________________________________________________
___________________________________
Signature of Administrator
1 copy for School Records
1 copy for Parent Mailing
1 copy for Police Officer
1 copy for Witnessing Administrator
The Superintendent is directed to establish procedures whereby students with sufficient concern may present a complaint or grievance regarding a violation of their constitutional rights, equal access to programs, discrimination, or personal safety provided that:
● TheA. The topic is not the subject of disciplinary or other proceedings under other policies and regulations of
this Districtthe District, and
● TheB. The procedure shall not apply to any matter for which the method of review is prescribed by law, or
the Governingthe Governing Board is without authority to act.
A complaint or grievance may be raised regarding one (1) or more of the following:
● ViolationA. Violation of the student's constitutional rights.
● DenialB. Denial of an equal opportunity to participate in any program or activity for which the student qualifies
not relatednot related to the student's individual capabilities.
● DiscriminatoryC. Discriminatory treatment on the basis of race, color, religion, sex, age, national origin, or disability.
● ConcernD. Concern for the student's personal safety.
Refer to Board Policy JICK for procedures applying to a complaint or grievance that alleges incidences of student violence, harassment, intimidation, or bullying.
The accusation must be made within thirty (30) calendar days of the time the student knew or should have known that there were grounds for the complaint or grievance. The initial complaint or grievance should be made using form JII-EA; however, a verbal complaint or grievance may be made to any school staff member. The receiving staff member shall immediately inform an administrator of the complaint or grievance.
When the initial complaint or grievance is submitted in a manner other than on the prescribed form, the administrator shall obtain from the student the particulars of the accusation and complete form JII-EA immediately thereafter. The administrator shall especially note all student-provided particulars determined by the Superintendent to be necessary for the complaint or grievance to be investigated. Any question concerning whether a complaint or grievance falls within this policy shall be determined by the Superintendent.
If the receiving school administrator is included in the allegation, the complaint or grievance shall be transmitted to the next higher administrative supervisor. Failure by the staff member to timely inform a school administrator or next higher administrative supervisor of a student's allegation may subject the staff member to disciplinary action. The staff member shall preserve the confidentiality of the subject, disclosing it only to the appropriate school administrator or next higher administrative supervisor or as otherwise required by law.
A student or student's parent or guardian may initiate the complaint process by completing Exhibit JII-EA.
A complaint or grievance may be withdrawn at any time. Once withdrawn, the process cannot be reopened if the resubmission is longer than thirty (30) calendar days from the date of the occurrence of the alleged incident.
Retaliatory or intimidating acts against any student who has made a complaint under this policy and its corresponding regulations, or against a student who has testified, assisted or participated in any manner in an investigation relating to a complaint or grievance, are specifically prohibited and constitute grounds for a separate complaint.
To assure that students and staff are aware of its content and intent, a notice of this policy and procedure shall be posted conspicuously in each school building and shall be made a part of the rights and responsibilities section of the student handbook. Forms for submitting complaints are to be available to students, staff and parents or guardians in the school offices.
Disposition of all complaints or grievances shall be reported to the Superintendent and the compliance officer for discrimination if other than the Superintendent. The Superintendent will determine if the policies of the District have been appropriately implemented and will make such reports and/or referrals to the Board as may be necessary.
The Superintendent shall develop procedures for the maintenance and confidentiality of documentation related to the receipt of a student's complaint or grievance, findings of the investigation, and disposition of the matter. The documentation shall not be used to impose disciplinary action unless the appropriate school official has investigated and determined there was an actual occurrence of the alleged incident.
Knowingly submitting a false report under this policy shall subject the student to discipline up to and including suspension or expulsion. Where disciplinary action is necessary pursuant to any part of this policy, relevant District policies shall be followed.
When District officials have a reasonable belief or an investigation reveals that a reported incident may constitute an unlawful act, law enforcement authorities will be informed.
Adopted: November 8, 2011 <-- 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 or /Bullying
JK - Student Discipline
JKD - Student Suspension
JKE - Expulsion of Students
KE - Public Concerns and Complaints
REGULATION
STUDENT CONCERNS, COMPLAINTS,
AND GRIEVANCES
A student who complains or grieves regarding constitutional rights, equal access to programs, discrimination, or personal safety issues may complain directly to a school administrator, or to a school staff member within thirty (30) days of an alleged occurrence. The initial complaint or grievance should be made using form JII-EA, however, a verbal complaint or grievance may be made. When a school staff member receives the information, the staff member will immediately inform a school administrator. If the complaint or grievance involves a school administrator the staff member shall forward the complaint or grievance to the next administrative level.
Complaints and grievances related to student violence, harassment, intimidation or bullying are to be filed in accordance with Governing Board Policy JICK.
At a minimum the complaint or grievance shall contain the identifying information on the complainant and such specificity of names, places and times as to permit an investigation to be carried out. The written complaint or grievance should contain a requested solution and the submission should be signed and attested to by the complainant. However, an unsigned form will be processed in the same manner as a signed form.
The complaint or grievance will be investigated by a school administrator, a supervising administrator, or another person approved by the Superintendent. The student shall be contacted not later than the school day following the date the school administrator or the administrator's immediate supervisor receives the information. The procedures to be followed are:
● AnA. An investigation of the reported incident or activity shall be made within ten (10) school days when school is
in sessionin session or within fifteen (15) days during which the school offices are open for business when school is not
in sessionin session. Extension of the time line may only be by necessity as determined by the Superintendent.
● TheB. The investigator shall meet with the student who submitted the complaint or grievance at or before the end
of theof the time period and shall discuss the conclusions and actions to be taken as a result of the investigation.
ConfidentialityConfidentiality of records and student information shall be observed in the process of making such a report.
● TheC. The investigator shall prepare a written report of the findings and a copy of the report shall be provided to
the principalthe principal and/or the Superintendent as circumstances warrant.
● AD. A confidential record of each complaint and grievance made pursuant to Policy JII shall be maintained at
the Districtthe District office. The record shall include a copy of the complaint or grievance filed by a student, findings of
the investigationthe investigation, and the disposition of the matter.
● UnlessE. Unless a determination has been made by the appropriate investigating official that the reported
incident actuallyincident actually occurred, the record shall not be used for the imposition of discipline.
Where disciplinary action is necessary, District policies shall be followed.
When District officials have a reasonable belief or an investigation reveals that a reported incident may constitute an unlawful act, law enforcement authorities will be informed.
EXHIBIT
STUDENT CONCERNS, COMPLAINTS,
AND GRIEVANCES
COMPLAINT FORM
(To be filed with a school administrator or the administrator's immediate
supervisor, or or
a school staff member who will forward this form to the
school administrator or
the administrator's immediate supervisor)
Additional pages may be attached if more space is needed.
Please print:
Name Name ______________________________________ __ Date _______________
Address ____________________________________________________________
Telephone _____________ Another phone where you can be reached __________
During the hours of __________________________________________________
E-mail address ______________________________________________________
I wish to complain against:
Name of person, school (department), program, or activity ____________________
________________________________________________________________________
________________________________________________________________________
Address ____________________________________________________________
Specify your complaint by stating the problem as you see it. Describe the incident, the participants, the background to the incident, and any attempts you have made to solve the problem. Be sure to note all relevant dates, times, and places.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
If there is anyone who could provide more information regarding this, please list name(s), address(es), and telephone number(s).
Name Address Name Address Telephone Number
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
The projected solution
Indicate what you think can and should be done to solve the problem. Be as specific as possible.
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
I certify that this information is correct to the best of my knowledge.
___________________________________ ____ _________________________
Signature of Complainant Date Complainant Date Signed
___________________________________ ____ _________________________
Administrator or professional staff member member Date initial complaint received
receiving initial complaint
The investigator shall give one (1) copy to the complainant and retain one (1) copy for the file.
EXHIBIT
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 CONCERNS, COMPLAINTS,
AND GRIEVANCES
(To be displayed in school buildings
and in student handbooks)
Students may present a complaint or grievance regarding one (1) or more of the following:
● Violation A. Violation of the student's constitutional rights.
● Denial B. Denial of an equal opportunity to participate in any program or activity for which the student qualifies not related not related to the student's individual capabilities.
● Discriminatory C. Discriminatory treatment on the basis of race, color, religion, sex, age, national origin, or disability.
● Concern D. Concern for the student's personal safety.
Complaints and grievances related to allegations of student violence, harassment, intimidation or bullying are to be filed in accordance with Board Policy JICK.
Provided that:
● The A. The topic is not the subject of disciplinary or other proceedings under other policies and regulations of this Districtthis District, and
● The B. The procedure shall not apply to any matter for which the method of review is prescribed by law, or the Governing the Governing Board is without authority to act.
The guidelines to be followed are:
● The A. The accusation must be made within thirty (30) calendar days of the time the student knew or should have known have known that there were grounds for the complaint/grievance.
● The B. The complaint/grievance shall be made only to a school administrator or a school staff member.
● The C. The person receiving the complaint will gather information for the complaint form.
● All D. All allegations shall be reported on forms with the necessary particulars as determined by the Superintendent. Forms Forms are available in the school office.
● The E. The person receiving the complaint shall preserve the confidentiality of the subject, disclosing it only to the appropriate the appropriate school administrator or next higher administrative supervisor or as otherwise required by law.
Any question concerning whether the complaint or grievance falls within this policy shall be determined by the Superintendent.
A student or student's parent or guardian may initiate the complaint process by completing Exhibit JII-EA.
A complaint or grievance may be withdrawn at any time. Once withdrawn, the process cannot be reopened if the resubmission is longer than thirty (30) calendar days from the date of the occurrence of the alleged incident. False or unproven complaint documentation shall not be maintained.
Retaliatory or intimidating acts against any student who has made a complaint under the District policy and its corresponding regulations, or against a student who has testified, assisted or participated in any manner in an investigation relating to a complaint or grievance, are specifically prohibited and constitute grounds for a separate complaint.
Knowingly submitting a false report under Policy JII and this policy shall 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 JII and this policyexhibit, 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.
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 Superintendent may approve the establishment of student organizations appropriate to grade levels within the District.
School activities shall not be held on Sunday Sundays unless they have been cleared with the Superintendent.
All school-chartered clubs will have a faculty sponsor assigned. Non-chartered student groups wishing to assemble for common purposes may do so without such sponsorship, pursuant to Board Policy JJAB, and as long as they do not disrupt or interfere with the educational process of the school.
Adopted: date of Manual adoption
Adopted: <-- 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:
● Such A. Such meetings are voluntary and student initiated.
● There B. There is no sponsorship of such meetings by the District, District employees or governmental entities, or employees or employees of governmental entities.
● District C. District employees present at religious meetings will be present only in a nonparticipatory capacity.
● Such D. Such meetings shall not materially and substantially interfere with the orderly conduct of the educational activities educational activities of the District.
● Nonschool E. Nonschool persons shall not be permitted to direct, conduct, control, or regularly attend such student group meetingsgroup meetings.
Neither the District, any employee or agent of the District, nor of any State state or federal governmental entity shall be permitted to:
● Influence A. Influence the form or content of any prayer or other religious activity connected with student meetings.
● Require B. Require any person to participate in prayer or other religious activity.
● Expend C. Expend public funds beyond the incidental cost of providing the space for such student-initiated meetings.
● Compel D. Compel any employee of the District to attend a school meeting that is contrary to the beliefs of the employee.
● Sanction E. Sanction meetings that are otherwise unlawful.
● Limit F. Limit the rights of groups of students to avail themselves under the provisions of this policy to a specified numerical specified numerical size.
● Abridge G. Abridge either Arizona or U.S. constitutional rights of any employee, official, or student of the District.
Nothing in this policy shall be construed to limit the authority of the school or its agents or employees to maintain order and discipline on school premises, to protect the well-being of students and employees, and to assure that attendance of students at such meetings is voluntary.
Adopted: date of Manual adoption <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-720
20 U.S.C. 4071 et seq. Equal , 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:
● FundsA. Funds, if collected, shall be credited to the appropriate student activities fund account.
● The B. The participation in the project will not deprive students of time needed in acquiring basic skills.
● The C. The regular schedule will not be interrupted unless the majority of the students benefit through their participation.
● The D. The activity shall contribute to the educational program.
Adopted: date of 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. While engaging in fund-raising activities, students are expected to adhere to all policies, regulations and guidelines contained in District policy, regulations and the student handbook.
Participation in contests or fund-raising activities shall be governed by the following criteria:
● The A. The aim of the activity shall benefit youth in educational, civic, social, and ethical development.
● The B. The activity shall not be detrimental to the regularly planned instruction.
The proceeds of all fund-raising activities shall be deposited in the Student Activity Fund, and funds from such activities shall be used only as specified in the Uniform System of Financial Records.
Adopted: November 8, 2011 <-- 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 thereforetherefor. 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:
● The A. The primary educational aims and the needs and interests of the students must be a consideration at all times.
● The B. The school and its students shall not be used to promote private or commercial interests.
● All C. All materials or activities initiated by private sources shall be judged on grounds of their:
■ Direct 1. Direct contribution to educational values.
■ Factual 2. Factual accuracy.
■ Good 3. Good taste.
● Consideration D. Consideration shall be given in all cases to protecting students and teachers against unreasonable added work added work and responsibilities.
● Arizona E. Arizona Interscholastic Association regulations shall prevail with high school students who officially represent the Peoria Unified School District High Schools.
REGULATION
CORPORAL PUNISHMENT
In determining whether to use corporal punishment, the following considerations should be taken into account: the seriousness of the offense, the attitude and past behavior of the student, the age and strength of the student, and the availability of equally effective nonphysical means of discipline.
Prior to administering corporal punishment, the administrator will ensure that there are no medical or parental warning statements in the student's record that forbid corporal punishment.
Corporal punishment may not be administered for academic deficiency or conduct not related to the school.
Corporal punishment must be approved by the school administrator. Corporal punishment may be administered by the school administrator or by educationally certificated employees designated by the school administrator. Two (2) educationally certificated employees of the school shall be present to witness the spanking. In a school with only one (1) certificated adult employee, one (1) additional adult shall be present as a witness.
Corporal punishment will be administered by spanking the buttocks of a student with a flat-surfaced paddle that will cause no more than temporary pain and not inflict permanent damage to the body. No other form of corporal punishment is authorized.
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
General
The purpose of interscholastic athletics is both educational and recreational. The school sports program should encourage participation by as many students as possible and should always be conducted with the best interests of the participants as the first consideration.
District participation in interscholastic athletics shall be subject to approval by the Board. This shall include approval of membership in any leagues, associations, or conferences, and of any new agreements with other schools for a series of games or events.
The following rules shall be observed for participation by individual students:
● For A. For each type of sport in which the student engages, the parents or guardian must give written consent.
● The B. The student must be determined by a physician to be physically fit for the sport.
● Students will not be allowed to participate who do not have a signed written consent from a parent or guardian, documented proof of the required physical, and proof of insurance.
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.
Members of the school staff responsible for athletic programs may develop standards of conduct which they deem appropriate to accomplish the purposes of the program. All codes and policies will be submitted to the Superintendent for review and approval. It is understood that these standards will not be in conflict with District policy.
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-EEA) at least once each school year stating awareness of the nature and risk of concussion. The District shall retain documentation of the participation of all affected coaching staff members in the program. For the purpose of this policy, athletic activity does not include:
● danceA. dance,
● rhythmic B. rhythmic gymnastics,
● competition C. competition or exhibitions of academic skills or knowledge or other similar forms of physical noncontact activitiesnoncontact activities,
● civic D. civic activities or academic activities, whether engaged in for the purpose of competition or recreation.
A student who is suspected of sustaining a concussion in a practice session, a game, or other interscholastic athletic activity shall be immediately removed from the athletic event 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.
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 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: November 8, 2011 <-- 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.
All interscholastic activities in grades seven (7) through twelve (12) __________________________ through ____________________________ that are 1) of a competitive nature and involve more than one (1) school where a championship, winner, or rating is determined and 2) endeavors for which no credit is earned in meeting graduation or promotion requirements that are of a continuous and ongoing nature, organized, planned, or sponsored by the District, consistent with District policy, shall be conducted under the provisions of this policy. Such activities will be established and designed to offer students worthwhile athletic and leisure-time interests, wholesome recreational and social activity, and an opportunity to develop skills in democratic and cooperative management for these activities. These programs will be appropriate to the maturity of students and as varied as staff and facilities permit.
All such activities conducted under the auspices of the District shall be under the direct supervision of the certificated individual responsible for the activity.
It is necessary to have the extracurricular activities function within a realistic framework of control. In order that overenthusiastic students do not place a social or athletic function on a higher plane than the academic program, the following policy will be adhered to:
● Students A. Students who, upon having their work checked on a cumulative basis at the end of each one (1________________ (___)-week period, show that they are not working to capacity and have one (1) or more failing grades will be removed be removed from any athletic teams or extracurricular activities. After improving their respective grades such that they that they are passing on a cumulative basis, they shall be reinstated to the teams or extracurricular activities until a until a subsequent check is performed unless ineligible for some reason other than academic performance.
● The B. The eligibility criterion for extracurricular participation shall be a passing grade in all classes in which the student the student is enrolled, and the student shall maintain progress toward promotion or graduation.
● The C. The responsibility for notification of students and parents of these requirements and for enforcement of the above the above rule rests with the Superintendent.
● The D. The student and the parents or guardian shall be notified of ineligibility in a manner such that confidentiality is maintained is maintained when:
■ Ineligibility 1. Ineligibility is pending.
■ Ineligibility 2. Ineligibility is determined to be necessary.
● Every school shall offer a wide range of support services and remedial options for students who fail to make appropriate academic progress. These include adult or peer tutoring, specially designed remedial homework, make-up opportunities, and special assistance before or after the regular school day. When students are notified of pending or established ineligibility under this rule, the teacher is responsible for initiating remedial actionE. 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.The Superintendent shall consult with and invite comment on this policy from parents and teachers and shall make recommendations to the Board regarding this policy, as necessary, after considering such comments.
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:
● Necessary A. Necessary documents in support of this policy are maintained.
● Necessary B. Necessary data related to ineligible students are collected and reported as required by law.
● The C. The cultural traditions of students are considered when establishing or enforcing rules related to participation in participation in extracurricular activities.
● The 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
Using a collaborative process and monitoring best practices for the discipline of students, the The Superintendent shall recommend policies and develop procedures for the discipline of students that comply with A.R.S. 15-843. These policies and procedures will apply to all students traveling to, attending, and returning from school, and while visiting another school or at a school-sanctioned activity and may be imposed if the student's behavior affects the school order, or in any other situation in which the District may lawfully exercise its authority to discipline a student. When suspension or expulsion is involved, notice, hearing, and appeal procedures shall conform to applicable legal requirements.
The discipline, suspension and expulsion of pupils shall not be based on race, color, religion, sex, disability, national origin or ancestry, ancestry or any other unlawful reason. A substantial or deliberate failure to comply with the prohibition against race, color, religion, sex, national origin or ancestry disability, national origin, ancestry or any other unlawful reason may subject the District to the loss of funds imposed by A.R.S. 15-843.
The principal of each District school shall ensure that a copy of all rules pertaining to discipline, suspension, and expulsion of pupils are distributed to each student's parents at the parents of each pupil at the time the student enrolls pupil is enrolled in school each year.
Behavior Management and Discipline
of Students with Special Needs
The Superintendent shall oversee a collaborative process for the identification, description, and monitoring of best practices for behavioral management and discipline of special needs students. The practices shall include, but not be limited to:
● authorized and prohibited disciplinary methods,
● recommended and required training for special education program teachers and aides, and
● requirements for conveying notice of disciplinary measures taken.
The Superintendent shall, by administrative regulation, prescribe procedures for implementation of the best practices, subject to Governing Board approvalThe principal of each school shall ensure that all rules pertaining to the discipline, suspension, and expulsion of pupils are communicated to students at the beginning of each school year, and to transfer students at the time of their enrollment in the school.
Information concerning a student's disciplinary record will be held in the strictest confidence.
Disciplinary actions taken will be recorded in an administrative log, and all types of suspensions or expulsions will be recorded in a separate file for each student.
Temporary Removal
Teachers are authorized to temporarily remove a student from a class. A teacher may temporarily remove a student to the principal, or to a person designated by the school administrator, in accord with:
● Rules A. Rules established for the referral of students.
● The B. The conditions of A.R.S. 15-841, when applicable.
The Superintendent shall establish such rules as are necessary to implement the temporary removal procedure.
Confinement
Confinement, defined as a student 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 , is prohibited in Peoria Unified School District schools as a disciplinary response for inappropriate school behavior.As a safety measure, confinement may be used without prior written consent in instances where a school principal or teacher determines that a 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 shallteacher shall make reasonable attempts to notify the pupil's parent or guardian in writing by the end of the
same daysame day that confinement was used.
Restraint and Seclusion
The use of restraint or seclusion is not to be limited, by policy or practice, to students with disabilities.
A school may permit the use of restraint or seclusion techniques on any pupil if both of the following apply:
1. The pupil's behavior presents an imminent danger of bodily harm to the pupil or others.
2. Less restrictive interventions appear insufficient to mitigate the imminent danger of bodily harm.
If a restraint or seclusion technique is used on a pupil:
1. School personnel shall maintain continuous visual observation and monitoring of the pupil while the restrain to seclusion technique is in use.
2. The restraint or seclusion technique shall end when the pupil's behavior no longer presents an imminent danger to the pupil or others.
3. 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.
4. The restraint technique employed may not impede the pupil's ability to breathe.
5. 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:
1. 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 with twenty-four (24) hours after the incident.
2. 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.
3. Schools shall review strategies used to address a pupil's dangerous behavior if there has been repeated use of restraint or seclusion techniques for the pupil during a school year. The review shall include a review of the incidents in which restraint or seclusion technique were used and an analysis of how future incidents may be avoided, including whether the pupil requires a functional behavioral assessment.
If a school district or charter school summons law enforcement instead of using a restraint or seclusion technique on a pupil, the school shall comply with the reporting, documentation and review procedures established under the paragraph above. School resource officers are authorized to respond to situations that present the imminent danger of bodily harm according to protocols established by their law enforcement agency.Schools are not prohibited from adopting policies which include procedures for the reasonable use of physical force by certificated or support staff personnel in self-defense, defense of others and defense of property (A.R.S. 15-843, subsection b, paragraph 3.)
The District authorizes the use of these definitions which are included in A.R.S. 15-105:
1. "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:
(a) 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.
(b) 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.
(c) The brief holding of a pupil by one adult for the purpose of calming or comforting the pupil.
(d) 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.
2. "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.
3. "Seclusion" means the involuntary confinement of a pupil alone in a room from which egress is prevented. Seclusion does not include the use of a voluntary behavior management technique, including a timeout location, as part of the pupil's education plan, individual safety plan, behavioral plan or individualized education program that involves the pupil's separation from a larger group for purposes of calming.
Threatened an Educational Institution
Threatened an educational institution means to interfere with or disrupt an educational institution as found in A.R.S. 15-841 and 13-2911. A student who is determined to have threatened an educational institution shall be expelled from school for at least one (1) year except that the District may modify this expulsion requirement for a pupil on a case-by-case basis and may reassign a pupil subject to expulsion to an alternative education program if the pupil participates in mediation, community service, restitution or other programs in which the pupil takes responsibility for the results of the threat. The District may require the student's parent(s) to participate in mediation, community service, restitution or other programs with the student as a condition to the reassignment of the pupil to an alternative education program.
Information concerning a student's disciplinary record will be held in the strictest confidence.
Disciplinary actions taken will be recorded in an administrative log, and all types of suspensions or expulsions will be recorded in a separate file for each student.
Adopted: October 22, 2015Adopted: <-- 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
REGULATION
STUDENT FUND - RAISING ACTIVITIES
Prior to any solicitation, all school sponsored fund-raising must receive the following:
● Approval by the principal of the school if solicitation is within the District;
● Approval by the Superintendent if solicitation is outside the District.
Students and student groups are not authorized to sell tickets or merchandise on school property for organizations or individuals not associated with the school.
REGULATION
STUDENT DISCIPLINE
A student may be subject to disciplinary action when the student:
● Engages A. Engages in conduct that is disorderly, i.e., intentionally causing public inconvenience, annoyance, or alarm, or recklessly or recklessly creating a risk thereof, by:
■ Fighting 1. Fighting or engaging in violent behavior.
■ Making 2. Making unreasonable noise.
■ Using 3. Using abusive or obscene language or gestures.
■ Obstructing 4. Obstructing vehicular or pedestrian traffic.
■ Creating 5. Creating a hazardous or physically offensive condition by any act that serves no legitimate purpose.
● Engages B. Engages in conduct that is insubordinate, i.e., failing to comply with the lawful directions of a teacher, school administratorschool administrator, or other school employee in charge of the student.
● Endangers C. Endangers the safety, morals, health, or welfare of others by any act, including but not limited to:
■ Selling1. Selling, using, or possessing alcohol, drugs, or other controlled substances or drug paraphernalia.
■ Selling2. Selling, using, or possessing weapons, fireworks, or other dangerous instruments or contraband.
■ Selling3. Selling, using, or possessing obscene materials.
■ Using 4. Using profane, vulgar, or abusive language (including ethnic slurs).■ Gambling
5. Gambling.■
Hazing6. ■ Engaging Hazing.
7. Engaging in lewd behavior.
● Engages D. Engages in any of the following forms of academic misconduct:
■ Lateness 1. Lateness for, missing, or leaving school or class without permission or excuse.
■ Cheating 2. Cheating (including but not limited to copying, using unauthorized help sheets and the like, illegally obtaining illegally obtaining tests in advance, substituting for a test-taker, and other forms of unauthorized collusion).
■ Plagiarism3.
● EngagesPlagiarism.
E. Engages in conduct violative of the Board's rules and regulations for the maintenance of public order on school on school property.
● Uses F. Uses personal portable electronic instruments, communication, and entertainment devices, including but not but not limited to cell phones, still and video cameras and equipment, recording/playback apparatus, and other electronic other electronic equipment which may be used for similar purposes, during the school day or during directed student directed student study time unless such use has been specifically authorized by the school administrator.
● Has G. Has a record of excessive absenteeism.
● Is H. Is believed to have or actually has committed a crime.
Reasonableness of use of physical force in self-defense, defense of others, and defense of property will be considered as a mitigating factor in determining penalties for misconduct. The threat or use of physical force by a student is not reasonable (i) when made in response to verbal provocation alone, (ii) when assistance from a school staff member is a reasonable alternative, or (iii) when the degree of physical force used is disproportionate to the circumstances or exceeds that necessary to avoid injury to oneself or to others or to preserve property at risk.
Permissible Penalties
The range of penalties that may be imposed for violations of student discipline rules include, but are not limited to, the following:
● Verbal A. Verbal warning.● Written
B. Written warning.
● Written C. Written notification to parents.● Probation
D. Probation.●
DetentionE. ● Suspension Detention.
F. Suspension from transportation.
● Suspension G. Suspension from athletic participation.
● Suspension H. Suspension from social or extracurricular activities.
● Suspension I. Suspension of other privileges.
● Exclusion J. Exclusion from a particular class.● In
K. Confinement with implementation of mandatory provisions.
L. In-school suspension.
● Involuntary M. Involuntary transfer.
● Community N. Community service.● Suspension
O. ● Alternative Suspension.
P. Alternative to Suspension Program.
● ExpulsionQ. ● Alternative Expulsion.
R. Alternative to Expulsion Program.
Depending upon the nature of the violation, student discipline may be progressive, i.e., generally, a student's first violation should merit a lighter penalty than subsequent violations. A District employee or agent should take into account all other relevant factors in determining an appropriate penalty. The above penalties may be imposed either alone or in combination.
Student Disciplinary Proceeding
Each school will establish a procedure that at a minimum will provide the principal, or the designee of the school administrator, with documentation of the teacher's reason(s) for the temporary removal of a student from class.
Refusal to readmit per A.R.S. 15-841:
● Upon A. Upon discussion, by the administrator with the teacher, of disciplinary action implemented in conjunction with a with a temporary removal in accord with the rules established by the Board, the teacher will be required to state an intent an intent to readmit or refuse to readmit the removed student. If the teacher refuses to readmit the student, the reason the reason shall be written by the teacher, explaining the conditions used to determine the removal, and shall be provided be provided to the administrator by the next business day following the temporary removal.
● Either B. Either of the following conditions must exist for a temporary removal per A.R.S. 15-841:
■ The 1. The teacher has documented that the pupil has repeatedly interfered with the teacher's ability to communicate to communicate effectively with the other pupils in the class or with the ability of the other pupils to learnto learn.
■ The 2. The teacher has determined that the pupil's behavior is so unruly, disruptive, or abusive that it seriously interferes seriously interferes with the teacher's ability to communicate effectively with the other pupils in the classroom or with or with the ability of the other pupils to learn.
● The C. The matter will be referred to the school placement review committee (SPRC) constituted in accord with statute with statute if the conditions are consistent with those stated in A.R.S. 15-841. Within three (3) business days following days following the date of temporary removal, the SPRC shall determine to either place the student in a new class new class or return the student to the existing class if that is the best or only practicable alternative.
● If D. If the student is qualified for educational services under the Individuals with Disabilities Education Act (IDEA), any any change in the student's individualized education program (IEP) shall be determined by the individualized education individualized education program (IEP) team in accord with federal regulations.
Any teacher, administrator, Board member, parent, or other person may report a violation of student disciplinary rules to an administrator. The administrator will then make an investigation of the charges as deemed appropriate and will institute appropriate proceedings.
This information for the maintenance of public order on school property will be publicized and explained to all students and provided in writing to parents as requested. In order to promote effectiveness of student discipline, the assistance of parents in enforcing rules for student discipline shall be invited and encouraged.
Involving Staff Members
The principal is responsible for involving staff members of the school in the development of a positive plan for student discipline. All staff members are responsible for implementing the plan of student discipline for the school.
EXHIBIT
STUDENT DISCIPLINE
Each principal shall establish and retain complete records of student disciplinary actions and procedures. Records regarding student disciplinary actions shall be retained for at least two (2) years after last attendance date.
The accounting for students subject to disciplinary action on discipline record card shall contain an entry of:
● The A. The full name of the student.
● The B. The racial/ethnic and sex designations of the student.
● The C. The time, place, and date of the offense or offenses, or observed behavior.
● Descriptions D. Descriptions and dates of other offenses or observed behaviors if not previously reported.
● The E. The names of witnesses or others involved.
● The name F. Specific measures taken by person or persons reporting the offense or offenses to effect an adjustment, including the specialized help secured before referral, such as conferences with parents, conferences with the principal, and conferences with other school personnel.
G. The name and title of the person or persons reporting the offense or offenses.● The
H. The alternatives, if any, that were considered prior to the imposition of the disciplinary action taken by the principal.
I. The final disposition of the case.
● J. The name and title of the person or persons imposing the action or actions.
The kinds of disciplinary actions for which an accounting should be kept shall include, but not be limited to:
● Suspensions A. Suspensions and/or expulsion.
● Corporal B. Corporal punishment.
● Placement in work room or detention C. Detention (for disciplinary reasons).
● Transfer D. Transfer to another class (for disciplinary reasons).● Transfer
E. Transfer to another school (for disciplinary reasons).
● Referrals of F. Confinement with implementation of mandatory provisions.
G. Referrals of cases to police and juvenile authorities.
● Others H. Others as required.
The school principal shall have the responsibility of maintaining the necessary discipline records to include:
● Discipline A. Discipline record card (each reported incident). Student discipline list (cumulative).
● Log of B. Log of corporal punishments (each incident).
C. Summary of corporal punishments: monthly report, retained by the principal; yearly summary, copy to the District office.
D. Log of suspensions (cumulative).
● Summary E. Summary of suspensions: annual monthly report, retained by the principal; weekly yearly summary, copy to the District office.●
F. Log of confinement with implementation of mandatory provisions.
G. Summary of confinement with implementation of mandatory provisions: monthly report, retained by the principal; yearly summary, copy to the District office.
H. Log of expulsions and referrals to courts (cumulative).
I. Log of Governing Board expulsions (each incident).
J. Summary of expulsions: monthly report, retained by the principal; yearly summary, copy to the District office.
● Log K. Log of student withdrawals (cumulative).
● Summary L. Summary of withdrawals: monthly report, retained by the principal; yearly summary, copy to the District office.
● M. Log of dropouts (cumulative): use only W5's as dropouts; use of this form is optional.
All monthly summary forms shall be completed at the close of each attendance month.
REGULATION
STUDENT ACTIVITIES FUNDS
Student activity funds shall be considered to be those which accrue as a result of student or club activities. District funds may not be used to subsidize student activity accounts. Student activity funds shall be used in such a manner as is beneficial to student groups.
All student activity accounts must be solvent at the time a purchase is made. Solvency shall be defined as cash on deposit in the appropriate account in excess of the cost of the proposed purchase. Exceptions shall be approved by District administration.
The student council, or a cooperating club organization approved by the student council, may provide financial support for a specific activity on condition of later reimbursement.
Expenditures from these sources must be authorized in advance by a club officer, its sponsor, and the school principal or assistant.
The District office shall maintain an accurate detailed record of all deposits and expenditures for each club or organization.
EXHIBIT
STUDENT DISCIPLINE
TEACHER AUTHORITY TO REMOVE
A STUDENT FROM CLASS
Teacher Authority
A teacher may remove a student from his/her class by documenting abusive, threatening, disruptive, or unruly behavior, defined as follows:
Abusive: Any act which is physically or mentally injurious to an individual or group of individuals (e.g., racist terms; physical contact which is injurious).
Threatening: A communicated intent to inflict physical or other harm on/to any person or property.
Disruptive: Persistent and continuous behavior which, despite teacher's efforts to discontinue, disrupts the educational activities of the classroom or school.
Unruly: Difficult or impossible to govern and not amenable to discipline.
Documentation
The teacher must submit a Teacher Request For Temporary Removal - Form A (Exhibit JK-EC) along with discipline referral form only if the teacher is refusing to allow the student to return to class. The referring teacher then must submit a Teacher Request For Permanent Removal - Form B (Exhibit JK-ED) with supporting documentation within twenty-four (24) hours of temporary removal:
● A description of the student's behavior and, in the case of disruptive behavior, attempts made by the teacher to contact the parent/guardian.
● A description of the attempts made by the teacher and/or other school personnel to remedy the problems interfering with the child's education.
If the student has violated the Student Code of Conduct, the principal shall send a copy of the Teacher Discipline Referral Form to the parents or guardians within twenty-four (24) hours.
Temporary Student Removal
Upon receipt of the teacher's recommendation to temporarily remove the student from class, the principal shall remove the student unless the principal can produce evidence that the basis for the recommendation was arbitrary or discriminatory and/or procedurally incorrect. Upon temporary removal, the following steps will be completed by the principal.
● Arrange for temporary placement of the student in another class or an alternative setting.
● Contact the parents to inform them of their child's temporary removal from class and an explanation of procedures. A parent conference may be scheduled at this time.
● Arrange for appropriate continuation of the student's instructional program by securing individual lesson plans, learning objectives, and activities from the referring teacher.
● Arrange for a meeting of the School Placement Review Committee to be conducted within three (3) days of temporary removal.
Prior to a temporary or permanent removal of a student with a diasability under this policy, the principal, in consultation with the district's special education director or 504 coordinator will evaluate whether the removal would constitute a significant change in the student's placement. A significant change in placement occurs when an action substantially or materially alters a student's educational program. If the removal would constitute a significant change in placement, the District cannot remove the student pursuant to this policy. Instead, prior to removal, the District must hold an IEP or Section 504 meeting to determine the appropriate placement for the student and will ensure the student continues to receive a FAPE. Further, for discipline that would result in a suspension or expulsion for more than 10 days, please refer to Board Policies JKD or JKE.
School Placement Review Committee
Each school shall establish a three-member School Placement Review Committee (SPRC) to review placements. The SPRC shall determine the placement of a student when a teacher refuses to readmit a student to the teacher's class.
The campus faculty shall elect two (2) teachers to serve as members of the School Placement Review Committee and one (1) additional teacher who will serve as an alternate member. The principal shall choose one (1) member from the administrative staff of the campus. Committee members will serve one (1)-year terms and may serve successively.
When the SPRC convenes, the referring teacher will bring them all of the documentation and history of the instance(s) of misconduct. During this meeting the parents may be present and they may address the committee. The referring teacher, as well as the student and parents, will not be present during committee deliberation. The team will review all of the material, and decide on one (1) of the following alternatives:
● The student will be placed within another teacher's classroom on a permanent basis, or
● The student will be returned to the referring teacher's classroom.
The teacher refusing to readmit a student shall not serve on the School Placement Review Committee.
The following are steps that should be followed, or factors that should be considered, by the School Placement Review Committee, in reaching a decision on placement and readmission of students:
● Documentation furnished by teacher to support removal;
● Principal's recommendation;
● Prior misconduct of student;
● Alternatives available that meet student's needs;
● Impact of student's return to classroom on ability of other students to learn;
● Effect of student's return to classroom on teacher's ability to maintain discipline in classroom;
● Likelihood of reoccurrence of conduct that led to removal;
● Discipline management techniques utilized by teacher;
● Impact of changing placement on the student.
Decisions of the SPRC are not subject to appeal. Any procedural breaches of due process rights can be appealed to the appropriate kindergarten through grade twelve (K-12) administrator.
Return to Class
The principal must meet with the SPRC if a teacher refuses to allow a student to return to his/her class. The committee will make the determination as to whether or not the student returns. If the School Placement Review Committee determines that the removing teacher's class is the best or only alternative, then the student may be returned to the removing teacher's class.
Teachers who do not complete the Teacher Request For Permanent Removal - Form B (Exhibit JK-ED) at the time of referral, or in a reasonable time thereafter, imply consent to return the student to their classroom.
Due Process And School Placement
Review Committee Procedures:
● The principal or other appropriate administrator schedules a school placement review conference.
● Student Code of Conduct offenses require a Teacher Discipline Referral Form to be completed at the time of referral. The principal or other appropriate administrator must send a copy of the referral form to the student's parent or guardian within twenty-four (24) hours.
● At the time of referral, the student is entitled to written or oral notice of the reasons for the temporary removal, an explanation of the basis for the removal, and an opportunity to respond to the reasons for the removal.
● Parents must be advised of the incident and the temporary change in the student's educational assignment pending the meeting of the SPRC.
● A copy of the findings of the SPRC will be documented on the appropriate School Placement Review Committee Disposition Form - Form C (Exhibit JK-EE) and will be sent to the appropriate kindergarten through grade twelve (K-12) administrator for due process review.
● Site administrator will retain a copy of the Teacher Discipline Referral Form, and Forms A, B, and C.
● Parents must be advised of the SPRC findings and notified in writing of any permanent changes of placement. Parents may be present and participate in the SPRC meeting; however, they will not be present during deliberations.REFERRAL OF STUDENT TO PRINCIPAL
_________________ ________________ ____________ _____________
Student's Name Date/Time Sent Teacher Period/Room
Purpose for which the student is being referred _______________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
If the referral is for misconduct, have you previously referred this student for the same, or similar, reason(s)? ◻ Yes ◻ No
Do you desire to confer with the principal, or the principal's designee, before disciplinary action is taken? ◻ Yes ◻ No
Is it your intent to file a Notice to Principal of Refusal to Readmit Student?
◻ Yes ◻ No ◻ Possibly
REMINDER: All documentation substantiating the reason(s) and condition(s) for a refusal to readmit the student following the student's temporary removal pursuant to A.R.S. 15-841 must be provided by the next business day following the temporary removal.
___________________________________
Teacher's Signature
EXHIBIT
STUDENT DISCIPLINE
TEACHER REQUEST FOR TEMPORARY REMOVAL (FORM A)
(Submit to Principal)
|
Reason for the student referral:
If the referral is for misconduct, have you or another staff member previously referred this student for the same or similar reasons? Yes ____ No ____REMINDER: All documentation substantiating the reason(s) and condition(s) for a refusal to readmit the student following the student's temporary removal pursuant to A.R.S. 15-841(J) must be provided by the next school day following temporary removal.
NOTICE TO PRINCIPAL OF
REFUSAL TO READMIT STUDENT
(Must be submitted by next business day following
temporary removal)
Teacher __________________________ Student ____________________
School ___________________________ Class ____________ Period ___
Under the provisions of A.R.S. 15-841, I am refusing to readmit the above-named student to the identified class. The temporary removal was made under the following condition (one [1] of the two [2] conditions must be selected and substantiated):
◻ 1. The pupil has repeatedly interfered with my ability to communicate effectively with the other pupils in the classroom or with the ability of the other pupils to learn.
◻ 2. The pupil's behavior is so unruly, disruptive, or abusive that it seriously interferes with my ability to communicate effectively with the other pupils in the classroom or with the ability of the other pupils to learn.
Instructions: Describe the incidents that have prompted the decision to remove the student from the class. It is important that complete and detailed information is provided, as it will be used 1) by the principal in determining the appropriate discipline management techniques, consistent with Governing Board rules, to be applied to this case, and 2) by the placement review committee to determine whether the student should be placed back in the class if the teacher and principal cannot reach consensus that acceptable corrective measures have been accomplished to effect the student's return to class.
To the extent possible, report literal disruptive remarks made by the student, and list contributing factors such as the student's facial or bodily expressions, gestures, sounds, and so forth. Explain how the student attempted to divert the attention of other students, to encourage their participation in the misbehaviors, and to otherwise interfere with the classroom management, teaching, and learning processes. State the techniques, both successful and unsuccessful, that have been attempted to restrain the student's misconduct, gain the student's cooperation, or otherwise control the situation. List the dates of and summarize the communications and conferences with the student's parent(s) or other responsible adult(s) to elicit their assistance in resolving the difficulties with the student.
If the space on this form is inadequate, check the box on the following page and indicate the number of supplemental sheet(s) you are attaching to this notice.
Date of misbehavior: Description of incident:
Techniques attempted:
Parental conference held? ◻ Yes ◻ No If yes, date held and summary of outcome.
Date of misbehavior: Description of incident:
Techniques attempted:
Parental conference held? ◻ Yes ◻ No If yes, date held and summary of outcome.
Date of misbehavior: Description of incident:
Techniques attempted:
Parental conference held? ◻ Yes ◻ No If yes, date held and summary of outcome.
◻ Additional space is needed. ______ supplemental sheets are attached to this notice.
Express your opinion of the action(s) that will be most effective with the student and state your expectation for the outcome of your decision to remove the student from your class.
________________________________________________________________
________________________________________________________________
________________________________________________________________
______________________________ _______________________________
Teacher's Signature Date notice submitted to principal
SUPPLEMENT TO
NOTICE TO PRINCIPAL OF REFUSAL TO READMIT STUDENT
Teacher ____________________ Student _______________ Date ___ _____
School _____________________
Teacher Signature Date Class ________________ Period ______
Date of misbehavior: Description of incident:
Techniques attempted:
Parental conference held? ◻ Yes ◻ No If yes, date held and summary of outcome.
Date of misbehavior: Description of incident:
Techniques attempted:
Parental conference held? ◻ Yes ◻ No If yes, date held and summary of outcome.
______ of ______ Supplemental Sheets
EXHIBIT
STUDENT DISCIPLINE
TEACHER REQUEST FOR PERMANENT REMOVAL (FORM B)
(Submit to Principal)
Student Information
Last Name: ________________ First Name: ___________ M.I. ___ Grade: ___
Homeroom Teacher: __________________________________________________
Student's Home Address: ________________________ Home Phone: __________
Parent/Guardian Name: ____________________ Business/Cell Phone: ________
Behavior History
Description of Student's Behavior History (include dates of incidents):
______________________________________________
Attach any relevant documentation
______________________________________ _________________________
Teacher Signature Date
______________________________________ _________________________
School Administrator Signature Date
A GUIDE TO DISCIPLINARY ACTIONS
Displayed below is a guide to the probable disciplinary measures that may be taken in the event of student misbehavior. Absence from the list of additional misbehaviors that may occur does not preclude disciplinary action from being taken on those misbehaviors, nor does it imply limitations to the disciplinary action.
The actual discipline determined for a given violation will be based upon consideration of a variety of factors, which will include, but are not necessarily limited to, the following elements: the age of the student; the frequency, type, and magnitude of previous misbehaviors by the student; aggravating circumstances associated with the incident; the relative severity of the event; whether the student's behavior violated civil or criminal laws; the degree to which the incident interferes with the educational process; the extent of endangerment to the student, other persons, and property created by the event; special intellectual, psychological, emotional, environmental, and physical characteristics of the student; the student's attitude concerning the event; and the expressed intent concerning the student's own future behavior.
Behaviors that May Result
in Student Discipline
Absenteeism.
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Alcohol, use or under the influence of.
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Arson.
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Bomb threat.
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Cheating.
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Defiance of authority.
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Dishonesty.
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Disruptive conduct.
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Disturbing school meeting or activity.
|
Dress or appearance violation.
|
Drug possession.
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Drug sale.
|
Drug use.
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Endangerment.
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Ethnic slurs.
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Extortion.
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False alarm (emergency, fire, security, et cetera).
|
False information or identification, giving of.
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Fighting.
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Firearm/explosive device/knife.
|
Forgery.
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Gambling.
|
Harassment/threats/verbal abuse.
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Hazardous or physically offensive condition, causing.
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Hazing.
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Improper sexual advances.
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Insubordination.
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Insult/verbal abuse of a faculty or staff member.
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Lewd/lascivious behavior.
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Littering.
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Malicious mischief.
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Obstructing an investigation.
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Obstructing traffic, vehicular or pedestrian.
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Physical assault.
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Plagiarism.
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Resisting authority.
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Slander.
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Tardiness.
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Theft of property (school related).
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Tobacco product use.
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Unauthorized departure from class, campus, or event.
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Unauthorized entry/trespass/loitering.
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Vandalism or destruction of property (school related).
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Violation of a Governing Board policy or school rule.
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Violation of a local, state, or federal law.
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Vulgar or obscene language, gestures, or symbols.
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Weapon violation (not firearm/explosive device/knife).
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The School District will sponsor only such student travel which is of value in meeting educational objectives and which corresponds to the District's curriculum and academic standards, or which is necessary to fulfill obligations to interscholastic programs, competitions, or exhibitions. Such travel shall not seriously interfere with the educational routine of students who must remain in the school and who are unable to participate in the travel. All District-sponsored travel activities shall, to the extent possible, be available to all students within that group of students eligible for participation.
In-State Travel
The School District will sponsor in-state travel for extracurricular activities provided that such trips are necessary to meet the objectives of those activities.
The School District will furnish school transportation vehicles for all trips required to meet competitive obligations of extracurricular programs. District vehicles also may be provided for in-state travel to discretionary activities during the season of activity for extracurricular programs, budget and resources permitting. The use of District vehicles for out-of-season and summer trips will be permitted only if the transportation expenses are paid by the program.
Meals and lodging will not be paid by the District. School and/or student activity funds may be used for this purpose if preliminarily approved by the principal or the principal's designee.
Out-of-State Travel
While the Governing Board recognizes the value of interscholastic activities, it also believes that the objectives for such programs can be realized within state boundaries in most cases. As a result, the District restricts approval and financial support for out-of-state travel. Travel to out-of-state activities may be considered if the following occur:
● The out-of-state travel request is approved by the principal and the Superintendent.
● A budget for the trip is submitted with the out-of-state travel request. The budget must include:
■ All transportation expenses.
■ Projected food expenses.
■ Lodging expenses - including the name, address, and phone number of the hotel/motel.
■ Entry fees.
■ Additional salary expenses for sponsors and chaperones, when appropriate.
● The sponsor/coach will include a plan, with dates, regarding how funds will be raised for the trip to the principal. This plan shall be available to District administration, upon request.
● Loss of school time is directly related to the educational benefits of the trip. The sponsor/coach will include how many instructional days will be lost due to the trip.
● The site identifies the costs of staff travel and budget source for covering staff travel costs.
Fund-raising for out-of-state extracurricular activities trips is permissible. Funds can be raised through donations, student trip fees, and/or various fund-raising activities that are approved through existing school procedures. No fund-raising activities for a trip shall occur, however, until the Governing Board has preliminarily approved the trip. Neither shall any commitment of District resources nor use of instructional time be made concerning a travel event until that event has been approved.
Students in prekindergarten (Pre-K) to grade six (6) will not be considered for out of state travel.
District-sponsored out of country travel will not be considered for approval.
In the event that a trip takes place during the summer, only current students may attend the trip. Students who have been graduated in the current year shall not be allowed to participate, unless they have earned the right to go through competition while that graduate was still a student.
There may be an event where only one (1) student is participating in an out of state event. In those cases for high school juniors and seniors, in lieu of a staff members traveling with them, parents shall be given the opportunity to sign a waiver for the student to travel alone.
Adopted: October 11, 2012
CROSS REF.:
DJE - Bidding/Purchasing Procedures
GBEA - Staff Ethics
GBEAA - Staff Conflict of Interest
IJOA - Field Trips
KHB - Advertising in Schools
KHC - Distribution/Posting of Promotional Materials
REGULATION
STUDENT TRAVEL
General Philosophy
The District has two (2) chief focuses in all matters of the District-sponsored student travel. The first is ensuring the safety of students. The second is ensuring that travel is necessary and related to the educational goals and mission of the District. Given this, student travel events will require substantial planning well in advance of the actual date(s) of travel. This regulation will identify procedures to assist the school administrator, teacher, or activity sponsor in preparing for a student travel event.
Pre-Travel Planning
Planning for travel events shall begin sufficiently prior to an event to allow for timely and meaningful review/approval of travel arrangements prior to the travel occurring. Aspects of a travel event to be considered include, but are not limited to, the following:
● Safety considerations; including pool and water safety.
● Educational benefit/cost.
● Loss of school time, if any, which is to be discouraged.
● Direct and indirect financial cost to District, staff, and families.
● Availability of funding for low income students.
● Purchasing (procurement) issues.
● Insurance coverage.
● The number of students that will travel, compared to the number of students within the group which is intended to travel. (For travel to be approved, participation must be greater than the majority of a group.)
Examination of these issues and those others which may be appropriate should be undertaken by a group, rather than a single individual to assume consideration of varying perspectives. Wherever possible, the group should include teachers, parents, administrators, and students.
Submission of Travel Request
No student travel, whether in- or out-of-state, shall occur unless approved in advance by the Superintendent or Governing Board, as applicable.
In the case of out-of-state travel, after appropriate pre-planning has occurred, and the school principal has determined that the travel request has his/her approval, the school principal shall forward the request for travel preliminary approval to the Superintendent. The request shall be on a form prescribed by the Superintendent and shall, at a minimum, include the pre-planning considerations listed above.
No commitments for a trip of any kind, including the execution of any contract or the initiation of fund-raising activities, shall be undertaken until a trip has been preliminarily approved by the Superintendent or Governing Board, as applicable.
After review of a request by the Superintendent or the Governing Board, the Superintendent shall reply to the school principal indicating whether the trip has been approved.
Disapproval of a trip indicates only that the trip will not be District-sponsored; disapproval does not prohibit travel on a private, personal basis at the discretion of students and their parents, and at their own risk.
Upon preliminary approval of a travel request, planning and execution (including fund-raising) of a trip may proceed in accordance with applicable District policies.
Should the plans for a trip change after District approval in such a way that increases cost to the District, students, or staff, or which increases the absence of students from school, the trip shall be resubmitted for approval.
The Governing Board reserves the right to withdraw approval of travel based upon changes in circumstances which arise after its approval. In that case, the District shall not be responsible for refunds.
Compliance with Policies
and Law
District-approved travel must be arranged and carried out in full compliance with District policies and state laws. Applicable sources include, but are not limited to:
● Student Code of Conduct
● Staff Ethics Policy (GBEA)
● Staff Conflict of Interest Policy (GBEAA)
● Advertising in Schools Policy (KHB)
● State Procurement Code
● Procurement/Purchasing Policy (DJE)
● Tax Credit Policy
● District Liability Insurance Coverage
In planning before and after travel approval, staff should be aware of any bidding or other requirements mandated under the law and the time requirements for such processes. No travel contract shall be executed by any staff member prior to review and approval of the contract by the Superintendent.
Parental Participation
It is critical that parents be fully informed of all issues and facts that are relevant to their decision-making regarding their student's travel. The school principal shall be responsible for communicating with parents regarding travel issues which, at a minimum, should include those listed above for pre-planning. Parents should be provided sufficient information so that they can fairly assess the relative value and cost of travel. Additionally, parents shall be provided an explanation of travel costs, including any portion of their child's travel costs which will fund chaperone or staff travel.
Like that of parent volunteers in the classroom, the assistance of parent volunteers on travel events is valuable and should be encouraged. Accordingly, it is the policy of the District that parents be permitted to accompany students and staff on travel events. An appropriate student to certificated personnel ratio shall be maintained, regardless of the number of parent volunteers that may assist.
Fund-Raising
Extracurricular, District-sponsored travel which is so expensive that there is limited opportunity for all students to participate is discouraged. The impact that the inability to afford a trip can have upon a student's self-esteem is a chief concern. The mission of the District serves all students. Fund-raising efforts may be undertaken to defray the cost of travel for all students on an equal basis. No fund-raising shall begin until the Governing Board has approved the travel. District staff involved in fund-raising efforts shall not make any representations or warranties as to eligibility of contributions for tax deductions or credits.
EXHIBIT
STUDENT TRAVEL
CHAPERONES
The safety of students during travel is the paramount concern in travel matters. The presence of adult chaperones, whether staff members or volunteers, can help assure student safety by providing an adequate level of supervision. It is recognized that participation of chaperones is often encouraged through payment of chaperone expenses associated with travel. Such expenses may, but need not be, included in the student cost of travel.
While such incentives for chaperones may be necessary at times, they should not be automatic. In addition, they should not add excessive or disproportionate financial burden to participating students.
Prior to inclusion of any portion of chaperone expenses in the student cost for extracurricular travel, the following factors shall be considered or observed:
● Careful consideration should be given to the impact which assessment of chaperone costs upon students will have upon the ability of students to participate in the activity.
● District chaperones must be preapproved via the District's volunteer approval process.
● Chaperones should be encouraged to pay for their own travel expenses, because to include such expenses in the costs for student travel has a negative impact upon the ability of students to afford to participate.
● The cost of airline travel expenses for chaperones may only be charged to students, in whole or in part, if the student travel is for the purpose of competition in an event or contest open to other school competitors. In all other cases, the percentage of a student's travel cost attributable to chaperone expenses should not exceed fifteen percent (15%).
● Chaperones that travel with their expenses to be paid in whole or in part by students may not solicit or encourage students to participate in the travel. This may represent an inherent conflict of interest subjected to employment policies and Arizona Revised Statutes.
● Students and parents must be informed of the specific amount of their travel cost which is attributable to payment of chaperone travel expenses prior to any commitment being made by the student and parents to the travel. Disclosure of the full cost and nature of each chaperone's travel expenses must also be made.
● If the expenses of a chaperone's travel are to be included in the cost of the travel to the student, the nature of the expenses must be the same as the students. For example, if the cost of the student's travel only includes certain meals or venue fees, the chaperone's expenses to be paid through the student cost may only include those same meals or venue fees.
● Chaperone to student ratio should not be more than ten (10) students to one (1) chaperone. At least one (1) certificated staff member must be a chaperone.
● Ratio of males to females should also be taken into account. Where there are both males and females traveling, both male and female chaperones should be present and adhered to in the ratio.
EXHIBIT
STUDENT TRAVEL
STUDENT OUT OF STATE TRAVEL FORM
(Form must be completed for all STUDENT Out-of-State Travel
which requires Governing Board approval)
School Group(s): ____________________________________________________
Staff Members Traveling with Group:
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No. of Students: ____ F ____ M Staff/Chaperone to Student Ratio: _________
No. of Parent/Chaperones Traveling with Group: ___ F ___ M Total No. ____
Name of Contact Person: ______________________________________________
Dates of Travel: ____________________ Location: _________________________
Lodging Accommodations (incl City/State): _______________________________
Purpose of Travel/Educational Value Rationale: __________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Estimated Cost Per Person:
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* If using District transportation, you must complete a Transportation Request
and attach a copy of the request to this form.
Funds Being Used: (Please check appropriate box(es) that apply)
◻ M&O ◻ Grant (specify) _______________________________________
◻ 301 ◻ District Level Program (specify) __________________________
◻ Tax Credit ◻ Fund-raiser __________________________________________
◻ Personal ◻ Other (specify) _______________________________________
Please complete this form and submit (with copy of conference/activity brochure or flyer) to your school/site administrator for approval. After site approval, please forward to the DAC attention: Mary Beckley.
After District approval, it will be forwarded to the Governing Board. Requisitions for travel, registrations and lodging MAY NOT BE SUBMITTED before Board approval.
Site Administrator
Approval: _____________________________________ Date: _______________
District Administrator
Approval: _____________________________________ Date: _______________
Board
Approval: _____________________________________ Date: _______________
The Peoria Unified ________________________________ School District No. 11 ____ 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
EXHIBIT
STUDENT TRAVEL
PARENTAL WAIVER FOR STUDENTS
TRAVELING ALONE
Date: ________________________________
To: ________________________________
Re: ________________________________
Dear (Parents):
This letter is to confirm (student name) attendance at the out of state travel to the (event) in (city and state) on (dates of trip). This trip for (student name) is the responsibility of the (organization name). Your signature at the bottom of this letter indicates your acceptance and understanding that the (organization name) is responsible for all liability and risk that may occur during (student name's) travel. There will be no representative from the Peoria Unified School District on this trip.
After signing this letter, please return it to the Deputy Superintendent, 6330 W. Thunderbird Road, Glendale, AZ 85306 as soon as possible. Thank you for your cooperation.
Sincerely,
________________________________________
Deputy Superintendent
My signature indicates receipt and acknowledgment that the (organization name) as the responsible vendor for all travel accommodations and liability for my son/daughter, (student name), for the (event) in (city and state) on (dates of travel).
________________________________________
Parent Name (please print)
________________________________________ ________________________
Parent Signature Date
Reasonable detention during break-time, noon, or at the close of the school day is permitted, provided that appropriate consideration is given to student transportation, weather, and other extenuating circumstances. However, a student shall not be denied the privilege of eating. Detention should not exceed one (1) hour per day.
Adopted: date of Manual adoption <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-843
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 school District office not later than 4:00 _____ 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, if one is available.
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 In no instance 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 The student will receive notice, written or oral, of the reason for suspension and the evidence the school the school authorities have of the alleged misconduct.
■ After 1. After having received notice, the student will be asked for an explanation of the situation.
■ The 2. The authorized District personnel shall make reasonable efforts to verify facts and statements prior statements prior to making a judgment.
● B. Step 2: Following Step 1:
■ Provided 1. Provided that a written record of the action taken is kept on file, authorized District personnel may:
⇒ Suspend a. Suspend the student for up to ten (10) days.
⇒ Choose b. Choose other disciplinary alternatives.
⇒ Exonerate c. Exonerate the student.
⇒ Suspend d. Suspend the student for ten (10) days pending a recommendation that the student be given a longa long-term suspension or expulsion or both.
■ When 2. When suspension is involved:
⇒ A a. A parent must be notified before the student is allowed to leave campus. If no parent contact can be can be made, the student may be isolated until dismissal time and then given a written message to the parentsthe parents.
⇒ A b. A letter to the parents will be written within a reasonable time to explain the terms (including the possibility the possibility that a long-term suspension and/or expulsion is being recommended) and reasons for the for the suspension and to request a meeting to solicit their help.
■ No 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 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 receipt requested or delivered by hand (with an adult witness present) at least five (5) working days prior to the formal hearingformal hearing. A copy of this letter will remain on file, and the letter should contain the following information:
■ The 1. The charges and the rule or regulation violated.
■ The 2. The extent of the punishment to be considered.
■ The 3. The date, time, and place of the formal hearing.
■ A 4. A designation of the District's witnesses.
■ That 5. That the student may present witnesses.
■ That 6. That the student may be represented by counsel at student's expense.
■ If 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:
■ Nothing 1. Nothing in these procedures shall be construed to prevent the students who are subject to the action and action and their parents or legal guardians and legal counsel from attending any executive (closed) session pertaining session pertaining to the proposed disciplinary action, or from having access to the minutes and testimony of such of such session or from recording such a session at the parent's or legal guardian's expense.
■ The 2. The student is entitled to a statement of the charges and the rule or regulation violated.
■ The 3. The student may be represented by counsel, without bias to the student.
■ The 4. The student may present witnesses.
■ The 5. The student or counsel may cross-examine witnesses presented by the District.
■ The 6. The burden of proof of the offense lies with the District.
■ Either 7. Either the hearing must be recorded on tape or an official record must be kept in some other appropriate mannerappropriate manner. In addition, parents are to be allowed to tape-record the hearing at their own expense.
■ The 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 followsas follows:
■ Upon 1. Upon the conclusion of a hearing by a hearing officer in which a decision of long-term suspension is madeis made, the decision may be appealed to the Board. To arrange such an appeal, the parent(s) of the suspended the suspended student or the student must deliver to the Superintendent a letter directed to the Board within Board within five (5) days after receiving written notice of the long-term suspension. The letter must describe in must describe in detail any objections to the hearing or the decision rendered.
■ The 2. The appeal to the Board will be on the record of the hearing held by the hearing officer. If the Board determines Board determines that the student was not afforded due process rights or that this policy was not followed in all in all substantive respects, the student shall be given another hearing. If the Board determines that the punishment the punishment was not reasonable, they may modify the punishment.
■ The 3. The decision of the Board is final.
Special Education Students
With A Disability
Suspension for ten days or less. Short-term suspension (ten [10] days or less) may be used for students with a disability for 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 The student will receive notice, written or oral, of the reason for suspension and the evidence the school the school authorities have of the alleged misconduct.
■ After 1. After having received notice, the student will be asked for an explanation of the situation.
■ The 2. The authorized District personnel involved shall make reasonable efforts to verify facts and statements and statements prior to making a judgment.
● B. Step 2: Following Step 1:
■ Provided 1. Provided that a written record of the action taken is kept on file, authorized District personnel may:
⇒ Suspend a. Suspend the student for up to ten (10) days.
⇒ Choose b. Choose other disciplinary alternatives.
⇒ Exonerate c. Exonerate the student.
⇒ Suspend d. Suspend the student for ten (10) days pending a recommendation that the student be given a longa long-term suspension or expulsion or both.
■ When 2. When suspension is involved:
⇒ A a. A parent must be notified before the student is allowed to leave campus. If no parent contact can be can be made, the student may be isolated until dismissal time and then given a written message to the parentsthe parents.
⇒ A b. A letter to the parents will be written within a reasonable time to explain the terms (including the possibility the possibility that a long-term suspension and/or expulsion is being recommended) and reasons for the for the suspension and to request a meeting to solicit their help.
■ No 3. No appeal is available from a short-term suspension.
Suspension for over ten days
If a student with a disability 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 student with a disability special education student for more than ten (10) consecutive days, or or a series of suspensions totaling more than ten (10) days, may constitute a change of placement and shall require shall require a manifestation determination conference. Such a conference shall be for the purpose of determining whether 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 by following the District policies for students in general, provided that educational services are continued during the during the period of disciplinary removal for a student with a disability qualified under the Individuals with Disabilities Education Disabilities Education Act (IDEA). A student with a disability qualified for educational services under the Americans with Disabilities 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 the offense is not related to a manifestation of the disability of the student, if nondisabled students in similar circumstances 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 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:
● Suspension A. Suspension from school has been determined as the punishment for an offense and any appeal has been deniedbeen denied.
● The B. The immediate suspension was not due to:
■ Fighting 1. Fighting or engaging in violent behavior
■ Threatening 2. Threatening an educational institution
■ Selling3. Selling, using or possessing weapons, firearms, explosives, or dangerous instruments
■ Making 4. Making a bomb threat
■ Engaging 5. Engaging in arson
● The C. The student has not served more than one (1) short-term suspension or alternative to suspension of ten (10) days days or less during the current academic year.
● The D. The student has admitted to or taken responsibility for the act upon which suspension was imposed in a written a written statement signed by the student and attested to by the student's parent or guardian.
● The 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 requirements of the Alternative to Suspension Program. (Note: Follow appropriate dismissal procedures.)
● ParentF. Parent(s) or guardian(s) shall agree to participate by:
■ Providing 1. Providing transportation as necessary to and from the program location.
■ Furnishing 2. Furnishing meals prepackaged or purchasing same for the student.
■ Establishing 3. Establishing and monitoring in consultation with the school a supervisory routine limiting the student's contact 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.
● Students A. Students will be isolated from others by means of barriers or distance at a location determined by the District. No No participation in any school sponsored activity will be permitted during the program.
● Communication B. Communication by students with others will be limited to adult District staff or as directed by the adult supervisor adult supervisor on duty.
● Ordered C. Ordered study time will be established for each student consistent with the number of classes in which the student the student is enrolled, divided proportionately through the academic day.
● Students D. Students are confined to their assigned areas and seats except as designated by the supervisor. All personal maintenance personal maintenance will be planned and approved by the supervisor.
● Students E. Students are to bring all books, workbooks, paper and necessary instruments for each class in which they are enrolled are enrolled to the program daily and take the same material home each day of the program.
● Protocols F. Protocols for implementation of the Alternative to Suspension Program following the requirements above may be 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 parent or guardian asking for readmission and requesting a meeting to determine any requirements.
● Accompanying B. Accompanying the written request shall be a summary of the student's activities and accomplishments during accomplishments during the suspension period written and signed by the student and signed and attested to by the parent or parent or guardian. (Parents of elementary grade students may prepare the summary.)
● The C. The request shall include a signed statement from local law enforcement officials that there have been no infractions no infractions of local or state codes for which the student could have been charged during the period of the suspensionthe suspension.
● At D. At the time of the meeting to review the request the student may be required to explain the incident or incidents or incidents leading up to the suspension.
● The E. The determination to allow readmission may be based on, but not limited to, the following elements:
■ The 1. The age of the student.
■ The 2. The frequency, type, and relative magnitude of previous misbehavior by the student.
■ The 3. The relative severity of the event(s).
■ Whether 4. Whether the student's behavior violated civil or criminal laws.
■ The 5. The degree to which the incident(s) interfered with the educational process.
■ The 6. The extent to which the event created endangerment to the student, others or property.
■ Special 7. Special intellectual, psychological, emotional, environmental and physical characteristics of the student.
■ The 8. The student's attitude concerning the event(s).
■ The 9. The expressed intent concerning the student's future behavior.
● Should F. Should early readmission be granted, the student, with parent or guardian affirmation, shall agree to the following the following conditions:
■ Regular 1. Regular attendance—no unexcused absences.
■ No 2. No violation of school rules or policies.
■ Attendance 3. Attendance at after school events for the remaining term of suspension only with prior approval of the administrationthe administration.
■ Completion 4. Completion of all class tasks in timely fashion, as directed.
■ Student 5. Student will receive supervision before and after school by parental arrangement, travel directly to school to school and from school, and report immediately to a supervisor for the balance of the term of the suspensionthe suspension.
● The G. The student and parent or guardian shall receive a written admonition that failure in the conditions required for early 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: June 25, 2015 <-- 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
INTERSCHOLASTIC SPORTS
(Mild Traumatic Brain Injury (MTBI) / Concussion)
STATEMENT AND ACKNOWLEDGEMENT FORM
I, _________________________ (student), acknowledge that I have to be an active participant in my own health and have the direct responsibility for reporting all of my injuries and illnesses to the school staff (e.g., coaches, team physicians, athletic training staff). I further recognize that my physical condition is dependent upon providing an accurate medical history and a full disclosure of any symptoms, complaints, prior injuries and/or disabilities experienced before, during or after athletic activities.
By signing below, I acknowledge:
� My 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.
� I have fully disclosed to the staff any prior medical conditions and will also disclose any future conditions.
� 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.
� A concussion is a brain injury, which I am responsible for reporting to the team physician or athletic trainer.
� A concussion can affect my ability to perform everyday activities, and affect my reaction time, balance, sleep, and classroom performance.
� Some of the symptoms of concussion may be noticed right away while other symptoms can show up hours or days after the injury.
� If I suspect a teammate has a concussion, I am responsible for reporting the injury to the school staff.
� 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 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.
� Following concussion the brain needs time to heal and you are much more likely to have a repeat concussion or further damage if you return to play before your 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 SUSPENSION
AGREEMENT ON CONDITION OF ASSIGNMENT
TO ALTERNATIVE TO SUSPENSION PROGRAM
Conditions
We, the undersigned student, parent or guardian, agree to the conditions as established in Board policy concerning assignment to the Alternative to Suspension Program. We further affirm that we will abide by the protocols implemented by the administration of the school for accomplishment of the conditions of policy.
We acknowledge receipt of this admonition that the original suspension will be summarily reinstated should the student commit a violation of the conditions for assignment to the Alternative to Suspension Program or a criminal or civil violation reflecting on the school order.
______________________________________ ___
_______________
______
Student Signature Date
______________________________________ ___
_______________
______
Parent/Guardian
Signature Date
EXHIBIT
STUDENT SUSPENSION
AGREEMENT ON CONDITION OF EARLY
READMISSION FOLLOWING LONG-TERM SUSPENSION
Readmission Conditions
We the undersigned student and parent or guardian agree to the following conditions:
● Regular A. Regular attendance – no unexcused absence.
● No B. No violation of school rules or policies.
● Completion C. Completion of all classroom tasks in a timely fashion, as directed.
● Limitation D. Limitation on the student's attendance or participation in after school activities, school school sports, and and extracurricular events or activities.
We acknowledge receipt of this admonition that the original suspension will be summarily reinstated should the student commit a violation of the conditions for readmission or a criminal or civil violation reflecting on the school order.
______________________________________ ___
_______________
______
Student Signature Date
______________________________________ ___
_______________
______
Parent/Guardian
Signature Date
The principal of a school may remove a student from a school-sponsored activity if the principal determines that the student has violated a provision of the student discipline policies, rules, and/or regulations or if the principal determines that such removal is in the best interest of the activity or in the best interest of the school as a whole.
The principal also may remove a student from a specific position, such as officer, editor, or captain of an activity, without removing the student from the entire activity.
The principal may remove a student pursuant to the preceding two (2) paragraphs, whether or not the student has been elected, appointed, or assigned to, or has volunteered for, the activity.
Before removing a student from an activity or position as a result of the student's violation of the student discipline policies, rules, and/or regulations, the principal must comply with the notice-and-hearing provisions of those policies, rules, and/or regulations.
Before removing a student from an activity or position for reasons other than a student's violation of the student discipline policies and/or regulations, the principal shall give written notice to the student. The notice shall include the reason or reasons for the removal and the date that the removal is to become effective. If the student disagrees with the principal's determination, the student may, within five (5) school days, request in writing a conference with the principal. The conference shall be held as soon as practicable after the principal receives the written request. At the conference, the student shall be given a full explanation of the reason or reasons for the action taken. The student shall be given an opportunity to present an explanation of the events relating to the action.
If, after the conference, the principal determines that the decision to remove the student from the activity or position is correct, the removal shall become effective on the date indicated in the principal's notice. If, after the conference, the principal determines that action of a less severe nature than removal is warranted, the principal may impose the less severe action. If, after the conference, the principal determines that neither removal nor less severe action is warranted, the prior decision to remove the student shall be rescinded.
For purposes of this policy, activity is defined as:
● Any A. Any school-sponsored athletic activity; or●
Any B. Any school-sponsored club; or
● Any C. Any school-sponsored organization such as yearbook, newspaper, student government, drama, music, honor honor society, or any other organization or class of a similar nature.
An activity includes activities as defined above, whether or not a student is receiving or may receive academic credit for the activity.
Adopted: date of 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 recommendation for expulsion may be made before, after or in conjunction with a long-term suspension hearing, if one is to be heldto be held.
● B. Step 2: If the Superintendent concurs with the recommendation, it shall be forwarded the Superintendent shall (Option A: present the recommendation to the Governing Board.● ) OR (Option B: present the recommendation for expulsion to a hearing officer selected from a list of hearing officers approved by the Board).
C. Step 3: In each case in which a recommendation for expulsion receives approval by the Superintendent, (and the Board has not determined that all expulsion hearings are to be conducted by a hearing officer), the Governing Board will meet in executive session:
■ to 1. to determine whether the nature of the accusations against the student justify an expulsion hearing,
■ to 2. to determine whether the hearing will be held before the Governing Board or before a hearing officer,
■ to 3. to designate a hearing officer if one will be used, and
■ if 4. if the hearing will be conducted by the Governing Board to determine whether the hearing will be conducted be conducted in executive session. Under normal circumstances, the Governing Board will not review any review any documents or other pertinent evidence during this the initial executive session.
● D. Step 4: The expulsion hearing should be scheduled so that it may be resolved, if reasonably possible, during the period 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 receipt requested or delivered by hand (with an adult witness present) at least five (5) working days prior to the formal hearingformal hearing. A copy of this letter will remain on file, and the letter should contain:
■ A 1. A statement of the charges and the rule or regulation violated.
■ The 2. The extent of the punishment to be considered.
■ The 3. The date, time, and place of the formal hearing.
■ A 4. A designation of the District's witnesses.
■ That 5. That the student may present witnesses.
■ That 6. That the student may be represented by counsel at the student's expense.
■ If 7. If a hearing officer has been appointed, the name of the hearing officer and how the hearing officer may be may be contacted, or a statement that the Governing Board will preside at the hearing.
■ Copies 8. Copies of this policy and A.R.S. 15-840 and and 15-843 unless unless previously provided in connection with the same 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 action and their parents or legal guardians and legal counsel from attending any executive (closed) session pertaining session pertaining to the proposed disciplinary action, or from having access to the minutes and testimony of such 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 other appropriate manner. In addition, parents are to be allowed to tape-record the hearing at their own 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 the attendance of only the hearing officer, administrative representatives, the student and parent(s), counsel counsel for the parties, and witnesses necessary to the proceedings, unless the parent(s), guardian(s) or 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 executive session with the attendance of only the hearing officer, administrative representatives, the student and student and parent(s), counsel for the parties, and witnesses necessary to the proceedings, unless the parentthe parent(s), guardian(s) or emancipated student requests in writing that the hearing be open to public attendancepublic attendance.
● G. Step 7: A formal hearing will be held:
■ When 1. When a parent or legal guardian has disagreed that the hearing should be held in executive (closed) session session, it shall be held in an open meeting unless:
⇒ If a. If only one (1) student is subject to the proposed action, and disagreement exists between that studentthat student's parents or legal guardians, then the Board (hearing officer), after consultation with the studentthe student's parents or legal guardians, shall decide in executive (closed) session whether the hearing the hearing will be in executive (closed) session.
⇒ If b. If more than one (1) student is subject to the proposed action and disagreement exists between the between the parents of different students, then separate hearings shall be held subject to the provisions of 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 followsas follows:
■ Upon 1. Upon conclusion of a hearing conducted by a hearing officer, if a recommendation for expulsion is made, the the decision may be appealed to the Board at the time the Board considers the recommendation. A formal A formal letter to the responsible parent or guardian will be mailed by certified mail with return receipt requested receipt requested or delivered by hand (with an adult witness present) indicating the recommendation that will be that will be made to the Board. A copy of this letter will remain on file, and the letter should explain:
⇒ The a. The time and place of the Board meeting at which the recommendation will be made.
⇒ That b. That the recommendation may be appealed at the time the recommendation is made to the Board.
⇒ That c. That the appeal shall be in writing delivered to the Superintendent prior to the time of the Board meetingBoard meeting.
⇒ That d. That the written appeal shall indicate a spokesperson on behalf of the student.
⇒ That e. That the spokesperson will be given time to speak to the Board on appeal.
⇒ The f. The Board may accept the hearing officer's recommendation or reject the recommendation and impose and impose a different disciplinary action including assignment to an alternative educational program. The The Board may grant a new hearing, take the matter under advisement, or take any further action deemed action deemed necessary. If the Board decides to expel the student the expulsion shall become effective the 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
With A Disability
A student qualified under the Individuals with Disabilities Education Act (IDEA) as revised in 2004 may not be expelled from school but in , 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. The Individualized Education Program Team 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 Programsindividualized 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, is recommended for expulsion, a manifestation determination conference must be held. Such a conference shall be for the purpose of determining whether or not the offense is a manifestation of the student's disability. If the behaviors are a manifestation of the disability of the student, the District may not expel the student, but it may hold a team meeting to determine the appropriate placement for the student.
Readmittance procedure
● Amay 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 Readmission is at the discretion of the Governing Board. In addition, it is the prerogative of the Board to stipulate to stipulate appropriate conditions for readmittance. The application for readmittance shall occur no less than nine than nine (9) months after the date of the expulsion; however, the student may not be readmitted until at least two two (2) complete semesters have passed (the remainder of the semester in which the violation has occurred and two and two [2] additional semesters). The application must:
■ Be 1. Be written and be directed to the attention of the Governing Board.
■ Contain 2. Contain all information that the student and parent(s) consider relevant to the Governing Board's determination s determination as to whether or not to readmit the student. This should include information indicating:
⇒ An a. An appreciation by the student of the severity and inappropriateness of the student's prior s prior misconduct.
⇒ That b. That such misconduct or similar misconduct will not be repeated.
⇒ A c. A description of the student's activities since the expulsion.
⇒ Support d. Support of the student's application for readmission.
■ Be 3. Be filed in the Superintendent's office.
● The B. The Governing Board shall meet in executive session to consider an initial application for readmission. The student The student and parents have the right to be present in the executive session but do not have the right to right to make a presentation or address the Governing Board unless they are asked to do so by the Governing BoardGoverning Board. For this reason, it is important that the application for readmission contain all information that the Governing Board may the Governing Board may deem important in determining whether to readmit the student. The Governing BoardGoverning Board, in in its sole discretion, shall determine whether the student should be readmitted, and, if so, under what under what restrictions and conditionsand conditions. The burden is on the student and parent(s) to convince the Governing Board Governing Board that readmission is appropriate is appropriate considering the interests of the expelled student, the District, and the and the interests of the other students other students and staff members. The Governing Board's decision is final.
● A C. A student may file more than one (1) application for readmission. Applications subsequent to an initial applicationinitial application, however, may not be filed more frequently than every ninety (90) days, and the Governing Board Governing Board shall meet to discuss and consider the application only if at least two (2) members of the Governing 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:
● Regular A. Regular attendance – no unexcused absence.
● No B. No violation of school rules or policies.
● Completion C. Completion of all classroom tasks in a timely fashion, as directed.
● Depending D. Depending upon the nature of the original violation for which the expulsion was provided, the student may be limited be limited as to attendance or participation in after school activities, school sports, and extracurricular events or activitiesor activities.
A student allowed readmission following expulsion shall receive a written admonition that the original expulsion will be summarily reinstated should the student commit a violation of the conditions for readmission or a criminal or civil violation reflecting on the school order.
Adopted: June 25, 2015 <-- 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
MEDICINES / ADMINISTERING
MEDICINES TO STUDENTS
REQUEST FOR GIVING MEDICINE AT SCHOOL
Name __________________________________ Grade _______________
Teacher ________________________________ School _______________
Medication ____________________________________________________
Diagnosis/reason for giving _______________________________________
Time to be given ____________ a.m. Time to be given ____________ p.m.
Dates from _________________________ to ________________________
Prescription medication must be in the original container as prepared by a pharmacist and labeled, including the patient name, name of medication, dosage, and time to be given. An over-the-counter medication must be in the original packaging, with all directions, dosages, compound contents, and proportions clearly marked. Student misuse of medication being self-administered may result in seizure and disciplinary action.
______________________________________ ____________________
Parent's or Guardian's Signature Date
A signed physician's statement indicating the necessity must accompany any request for self-administration of medicine, whether it is prescription or over-the-counter medicine except in the case of medication for diagnosed anaphylaxis including auto-injectable epinephrine and breathing disorders requiring handheld inhaler devices. In these cases the student's name on the prescription label is sufficient for the physician's recommendation.
REGULATION
STUDENT DISCIPLINE
(Behavior Management and Discipline
of Students With Disabilities)
Practices and procedures for the behavior management and discipline of special needs students shall be determined and applied in accord with the following standards:
Behavior Management and Discipline
of Special Needs Students
Each school shall implement positive, evidence-based, safe, and timely plans and procedures for all special needs students including those who exhibit behaviors that interfere with learning or who place themselves or others in danger. Administration, staff, parents and students are to be engaged in the development of the plans. The purpose of the plan is to identify practices that are agreed upon and complied with and reinforced by members of the school community, including the Governing Board. An objective of the plan is to provide consistency in the manner in which deviations from appropriate behavior are addressed. The plans are to be submitted to the Superintendent.
● Plans are to be:
■ Proactive: Students are to be taught the critical social skills needed for success. Positive behavioral interventions and supports enable the school to set clear expectations for behavior, to acknowledge and reward appropriate behavior, and to implement a consistent continuum of consequences for challenging behavior.
■ Comprehensive: Positive behavioral interventions and supports are to be employed uniformly throughout the school, including non-instructional areas such as the cafeteria, hallways, and buses. School personnel are to be trained in positive behavioral interventions and supports, in data reporting, and receive support in implementation of the practices. School personnel are to be trained in areas of crisis intervention such as use of restraints and seclusion.
■ Data driven: The school is to rely on data for the development and modification of its positive behavioral interventions and supports approach. The data is to be tracked through office referrals as well as from classroom reports, school-based intervention teams, and crisis intervention documentation. Positive behavioral interventions and support teams are to use the data to design specific interventions to prevent challenging behaviors before they occur and to confirm the effectiveness of interventions.
● Plans are to ensure that parents of students enrolled in the school have comprehensive information regarding behavioral expectations within the school and the planned responses should the expectations not be met. Parents are to:
■ have ready access to the school plan, and
■ be informed how to provide input into the plan.
Response to Intervention
The plans are to provide for and the school is to have in place a multi-level approach to teaching students appropriate behaviors that provide progressively intense support for students according to need.
● Interventions shall be consistent with plans for creating and maintaining a positive school climate.
● Provide for small group direct instruction on a regular basis to those students who are experiencing difficulty understanding or abiding by the established standards of behavior. Supports should include such strategies as increased and targeted social skills training, increased monitoring and reinforcement systems, self-management techniques, and family mentoring and involvement programs.
● Provide a range of individualized interventions designed to address the specific behaviors continuing to cause the student difficulty. These may include counseling, more intense direct instruction, behavioral contracts, specific behavioral consequences, alternative educational programming, consideration for a referral for an evaluation for special education, and other strategies agreed upon with the parents. A functional behavioral assessment (FBA) and a behavior intervention plan (BIP) may be included and shall be required for students with disabilities when a manifestation determination is necessary.
■ The FBA must identify the triggers for the challenging behavior and what subsequent responses by staff or other students reinforce the continuation of the challenging behavior.
■ The BIP should be developed from a functional behavioral assessment and prescribe methods the staff will use to prevent, manage, replace, and monitor changes to the behavior. The BIP must be based on evidence-based practices and support the goal of making the challenging behavior irrelevant, ineffective and inefficient. The BIP must be implemented with integrity by staff trained to do so.
Crisis Management
Crisis management in the context of behavior management is defined as the methods used by school personnel to respond to imminent danger to the student, other students or staff. The two (2) most commonly used methods of crisis management are restraint or seclusion of the student.
● Confinement. Confinement, defined as a student left alone in an enclosed space, is prohibited in Peoria Unified School District schools as a disciplinary response for inappropriate school behavior.
■ The Peoria Unified School District does not use confinement for disciplinary purposes.
■ District Policies shall provide for an exemption to prior written parental consent if a school principal or teacher determins 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.
● Use of seclusion. Seclusion for the purpose of the plan is the confinement of a student alone in any space from which the student is physically prevented from leaving.
Seclusion does not mean (a) time out when it is used for a limited or specified time, as a behavior management technique during which the student is placed in an environment where access to positive reinforcement is unavailable and the student's movement is not physically restricted, and (b) student self-imposed voluntary isolation or time out for the purpose of calming him/herself and the student is monitored by a staff member.
■ The use of seclusion is to be used only in an emergency to protect persons from imminent, serious physical harm.
■ Any area used for seclusion must be free of objects that could cause harm, must provide for adequate visual and audio supervision of the student, must provide adequate lighting and ventilation, and must not be locked.
■ Any area used for seclusion must comply with the State Fire Code.
■ School personnel must observe the student at all times during the seclusion period and reassess the child every thirty (30) minutes. When seclusion continues beyond the second assessment, an administrator or the administrator's designee must review and approve continued seclusion.
■ The student must be released from seclusion as soon as the student regains self-control.
■ If seclusion is necessary, parents and administrators must be notified within the same school day and a written notice that includes the circumstances that preceded the behavior, the behavior, the length of time the student was secluded, the location of the seclusion, and the person who observed the student during the seclusion must follow. When a student has been in seclusion for longer than one (1) hour, parent contact must be initiated immediately.
■ A debriefing with affected staff, parents, and, if appropriate, the student shall be conducted within twenty-four (24) hours. During the debriefing, a determination must be made regarding the need for a functional behavior assessment (FBA).
■ Each incident must be recorded in the student management system.
■ A student who has required crisis management by the school staff more than three (3) times in a semester must have a functional behavior assessment (FBA) and, if appropriate, a behavior intervention plan (BIP) within a reasonable time following the third (3rd) incident.
■ The District and the school must have a strategy in place to support teams in modifying a FBA and BIP when the existing plan is ineffective (e.g., continued instances of the need for crisis intervention).
● Prohibited uses of seclusion:
■ Seclusion is not to be used as punishment for violations of school rules, for repetitive behaviors, or because of teacher anger toward the student.
■ Seclusion is not to be harsh, severe, or out of proportion with the offense committed and the age and physical condition of the student.
■ Seclusion is not to be used to prohibit reasonable access for the care of the student's bodily needs.
■ Seclusion must not deny a free, appropriate public education to students with disabilities through excessive or extensive use.
■ The use of seclusion is not to be limited, by policy or practice, to students with disabilities.
● Use of physical and mechanical restraints: For the purposes of this regulation physical restraint is defined as the application of physical force by one (1) or more individuals that prevents or significantly restricts a student's movement. Restraint is a last resort emergency safety intervention.
For the purposes of this regulation mechanical restraint is defined as the restriction of movement by devices such as straps, duct tape, cords, or garments. Not to be included in this definition are:
Restraints used in schools for the purpose of providing support to students' orthopedic and assistive technology needs in order to permit them to learn and participate in school activities as identified in an individualized education program (IEP).
Restraints, such as weighted vests or blankets, identified by an IEP team as appropriate for a student to enhance participation in learning activities.
Vehicle safety restraints used in accordance with state and federal regulations.
Restraints employed by law enforcement officers in school settings that are used in accord with their policies and appropriate professional standards. These instances are subject to the same reporting requirements by the school as restraints used by school personnel.
■ Physical restraint is to be a last resort emergency safety measure used only in an emergency situation when a student is imminently dangerous to him/herself or others. Instances where reasonable and appropriate restraint may be used include, but are not limited to:
⇒ Breaking up a fight;
⇒ Taking a weapon away from a student;
⇒ Briefly holding a student to calm and comfort the student;
⇒ Applying minimum contact necessary to physically escort a student from one area to another;
⇒ Assisting a student in completing a task or response if the student does not resist or resistance is minimal in intensity or duration;
⇒ Momentarily holding a student in order to prevent an impulsive behavior that threatens the student's safety, the safety of others, or the destruction of property.
■ Personnel using the restraint must take extreme care to provide for the safety and comfort of the student during the restraint procedure.
⇒ The restraint is not out of proportion to the danger, the age, and the physical condition of the student;
⇒ The restraint is not used to prohibit reasonable access for the care of the student's bodily needs.
■ Personnel authorized to use restraints must have been extensively and repeatedly trained by personnel who have maintained approval by a training program to provide training in:
⇒ Alternatives to restraint (e.g., de-escalation strategies, and problem- solving techniques);
⇒ The proper use of the restraint; and
⇒ Safety precautions and procedures for continuous monitoring of a student by a third party during restraint.
■ The student must be released from the restraint as soon as the student regains self- control.
■ Parents and administrators must be notified as soon as possible within the same school day, followed by a written notice stating the circumstances that preceded the behavior, the behavior, the length of time the student was restrained, the location of the restraint and the person(s) who observed the student during the restraint.
■ A debriefing with affected staff and parents and, if appropriate, the student must be conducted within twenty-four (24) hours. During the debriefing a determination will be made regarding the need for a functional behavioral assessment (FBA).
■ An incident report of the event must be recorded in the student management system.
■ A student who has required crisis management on the part of the school staff more than three (3) times in a semester must have a functional behavioral assessment (FBA) and, if appropriate, a behavior intervention plan (BIP) developed within a reasonable time following the third (3rd) critical incident.
■ The District and the school must have a strategy to support teams in modifying a FBA and BIP when the existing plan is ineffective (e.g., continued instances of the need for crisis intervention).
● Prohibited uses of physical and mechanical restraints:
■ Physical restraints, such as prone restraint, that places excess pressure on the chest or back or impedes the ability to breathe or communicate are prohibited.
■ The use of mechanical restraint by a staff member is prohibited.
■ Restraints that provide support to a student's orthopedic needs shall not be used as a means of punishment for noncompliant behaviors.
■ No policy or practice shall limit the use of restraints to students with disabilities.
● Training in uses of seclusion and restraint procedures:
■ Personnel who use seclusion and restraints procedures must have training in conflict prevention, crisis de-escalation, possible effects of seclusion, and any local or state regulations regarding the seclusion space and its use.
■ The training of personnel must be recurrent with annual updates appropriate to the type of school setting, to the age and developmental level of students. The training must include information about commonly accepted standards for the use of seclusion and restraint in the school setting.
■ The training must include content and skill development on the use of positive, instructional, and preventive methods for addressing student behavior.
■ The training must include information about the effects of medications students may be receiving and how seclusion and restraint procedures might affect the physical well being of the student during seclusion or restraint.
■ The training must include multiple methods for monitoring a student's well-being during a restraint.
■ The training must include certification in First Aid and cardiopulmonary resuscitation (CPR) in the event of an emergency during seclusion.
■ The training must include the requirements for reporting to parents and administration.
● Corporal punishment: For the purposes of this regulation corporal punishment is defined as the deliberate infliction of pain intended to discipline or reform a person's bad attitude and/or behavior.
■ Corporal punishment is prohibited.
EXHIBIT
EXPULSION OF STUDENTS
AGREEMENT ON CONDITION OF
READMISSION FOLLOWING EXPULSION
Readmission Conditions
We the undersigned student and parent or guardian agree to the following conditions:
● Regular A. Regular attendance – no unexcused absence.
● No B. No violation of school rules or policies.
● Completion C. Completion of all classroom tasks in a timely fashion, as directed.
● Limitation D. Limitation on the student's attendance or participation in after school activities, school sports, and and extracurricular events or activities.
We acknowledge receipt of this admonition that the original expulsion will be summarily reinstated should the student commit a violation of the conditions for readmission or a criminal or civil violation reflecting on the school order.
______________________________________ ___ _____________________
Student Signature Date
Student Signature Date
______________________________________ ___ _____________________
Parent/Guardian Signature DateSignature Date
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 the promotion of student health and the reduction of childhood obesity. All guidelines for reimbursable school meals school meals shall not be less restrictive than regulations and guidance issued by the Secretary of Agriculture, as those as those regulations and guidance apply to schools.
● B. Nutrition Education: The goal is to influence students' eating behaviors by providing nutrition education that is appropriate is appropriate for students' ages; reflects students' cultures; is integrated into health education or core curricula; and 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 the knowledge and skills for specific physical activities, to maintain students' physical fitness, to ensure students' regular regular participation in physical activity, and to teach students the short- and long-term benefits of a physically active 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 healthy eating and physical activity.
● F. Evaluation/Implementation: A primary goal will be to regularly (at least annually) evaluate the effectiveness of this 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 and representatives of the school food authority, the Governing Board, school administrators, and the public in development 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. Regulations and 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.
15-108118
15-158
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:
● Evaluation A. Evaluation of the food services program.
● Recommendations B. Recommendations for policy and/or program revisions.
● Review C. Review of all foods and beverages sold in schools for compliance with established nutrition guidelines.
● Assessment D. Assessment of school environment regarding student wellness issues.
● Listing E. Listing activities and programs conducted to promote nutrition and physical activity.
● Providing 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:
● AgeA. Age-appropriate nutritional knowledge, including the benefits of healthy eating, essential nutrients, nutritional deficienciesnutritional deficiencies, principles of healthy weight management, the use and misuse of dietary supplements, safe food preparationfood preparation, handling and storage and cultural diversity related to food and eating;
● AgeB. Age-appropriate nutrition-related skills, including, but not limited to, planning a healthy meal, understanding and understanding and using food labels and critically evaluating nutrition information, misinformation and commercial food advertisingfood advertising; and
● How 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:
● Nutrition A. Nutrition instruction provides sequential, comprehensive health education in accordance with the Arizona Department Arizona Department of Education curriculum regulations and academic standards;
● Cooperation B. Cooperation with agencies and community organizations is encouraged to provide opportunities for appropriate for appropriate student projects related to nutrition;
● Consistent C. Consistent nutrition messages are disseminated from the District throughout the schools, communities, homes homes and media; and
● Nutrition D. Nutrition education is extended beyond the school environment by engaging and involving families and communityand 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:
● National A. National School Lunch Program and School Breakfast Program Meals.
● Á B. Á la carte offerings in the food service program.
● Vending C. Vending machines and school stores.
● Classroom D. Classroom parties, celebrations, fund-raisers, rewards and school events.
● Snacks 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).
Physical Activity 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
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).
C. Half-day kindergarten pupils are to receive one (1) recess period during the school day.
D. Participation in a physical education course during a school day may count as one of the day’s recess periods.
E. Extension of the school day is not required to meet the recess requirement.
F. 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).
G. 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 discourage the use of physical activity as punishment, the withholding of participation in physical education class as punishment, or the use of physical education class time to complete assignments from other classes.
After-school programs: The District shall encourage after-school programs to provide developmentally appropriate physical activity for participating children and reduce or eliminate the time spent in sedentary activities such as watching television or videos.
Community use: 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.
All athletes must be covered by insurance before they are issued supplies, equipment or are allowed to work out under the direction of a school employee. The insurance may be purchased through the school or from any agent. Evidence of insurance will be required prior to participation.
Adopted: date of Manual adoptionAdopted: <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-384
A.G.O.
I86-095
EXHIBIT
STUDENT DISCIPLINE
SCHOOL PLACEMENT REVIEW COMMITTEE
DISPOSITION (FORM C)
Student Name: ______________________ Teacher Initialing Removal: _______
Date of Review by SPRC: _____________
The School Placement Review Committee met on the above date and agrees that the most appropriate placement of the student is:
____ Return to referring teacher's class.
____ Placement in another grade appropriate class.
The Committee's decision was based upon the following rationale:
_______________________________ ______________________________
Committee Member Signature Committee Member Signature
_______________________________ ______________________________
Committee Member Signature Date
_______________________________
School Administrator
The Superintendent shall establish procedures for the student health services program in the District. Such procedures will provide for:
● AdministrationA. Administration of patent or proprietary medications (over-the-counter [OTC] medications) in compliance
with Arizonawith Arizona Revised Statutes and District policies.
● AdministrationB. Administration of prescription medications in compliance with Arizona Revised Statutes and District policies.
● AdministrationC. Administration of immunizations in conjunction with the County Health Department and in compliance
with Arizonawith Arizona Revised Statutes.
● Providing D. Providing preventive health information.
● The E. The treatment of school-related injuries/illnesses, and recommendation for follow-up care.
● Screening F. Screening clinics for selected physical impairments.
Adopted: date of Manual adoption <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-344
REGULATION
STUDENT DISCIPLINE
(Behavior Management and Discipline
of Students with Special Needs/Disabilities)
REMOVED PER PA 549 - APRIL 2016
Regulation JK-RB has been deleted in its entirety. This regulation was added by PA 371, February 2010, in response to the Task Force on Best Practices in Special Education and Behavior Management. It was suggested by the Task Force but is not required by compliance and has been superseded by changes in statute.
PA 371 included options for each district to select choices to comply with the legislative directive for district response to the Task Force recommendations. Items were to be accepted or rejected in total, or retained/modified as determined on an item-by-item basis as necessary to accommodate the needs and circumstances of the school district.
The selection forms were to be completed by each district, submitted to ASBA Policy Services, and then replicated by ASBA in the district’s regulation.
Most districts adopted the selection forms in total without any modifications.
With the deletion of the selection forms and language specific to students with special needs/disabilities in JK-RB, districts now have the opportunity to review and modify the deleted items in order to discard the contents or, as recommended by Policy Services, to update and retain desired items in a handbook or another easily accessible source available to staff after being reviewed and approved by the district’s legal counsel.
Each student participating in high school and junior high school interscholastic athletics is required to submit to a physical examination when required by the Arizona Interscholastic Association or to submit evidence of being physically fit, as verified by competent medical personnel.
Adopted: date of Manual adoption <-- z2AdoptionDate -->
Subject to the exemptions as provided by law as specified by A.A.C. R9-6-703, 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, with the exception of except that a homeless student (refer to Policy JFABD)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: March 8, 2012 <-- 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 through 707
REGULATION
IMMUNIZATIONS OF STUDENTS
Subject to the exemptions in A.R.S. 15-873, immunization against each of the following diseases is required for attendance of a child in any school:
● DiphtheriaA. Diphtheria;● Tetanus
B. Tetanus;● Hepatitis
C. Hepatitis B;
● PertussisD. Pertussis;● Poliomyelitis
E. Poliomyelitis;
● Measles F. Measles (rubeola);● Mumps
G. Mumps;
● Rubella H. Rubella (German measles);
● I. Haemophilus influenzae type type b (Hib);
● J. Varicella; and● Meningococcal
K. ● Hepatitis Meningococcal.
L. Hepatitis A, for a child one (1) through five (5) years of age in a day care program in Maricopa County.
Unless exempt in accord with with R9-6-706, the schedule for compliance with the requirement for immunization against varicella is:
Grade student entering as of September 1,
Kindergarten (K) through grade four (4) 2008 2008
and grades seven (7) through ten (10)
Kindergarten (K) through grade five (5) 2009 2009
and grades seven (7) through eleven (11)
Kindergarten (K) through grade twelve (12) 2010 2010
Unless exempt in accord with with R9-6-706, the schedule for compliance for a student eleven (11) years or older who has not previously received the meningococcal vaccine is:
Grade student entering as of September 1,
Grade six (6) 2008
Grades six (6) and seven (7) 2009
Grades six (6) through eight (8) 2010
Grades six (6) through nine (9) 2011
Grades six (6) through ten (10) 2012
Grades six (6) through eleven (11) 2013 2013
Grades six (6) through twelve (12) 2014 2014
The preceding schedules will remain in effect unless the school is notified by the Arizona Department of Health Services of a modification to one (1) or both of the schedules.
A child is in compliance with the requirements if the child has met the criteria of the appropriate immunization schedule as recommended by the Department of Health Services or is actively in the process of meeting such criteria as evidenced by having received one (1) dose of each of the required immunizations and has established a schedule for completion of the required immunizations.
A child shall not be allowed to attend school without submitting documentary proof to the school administrator unless the child is exempted from immunization pursuant to section section 15-873. Upon enrollment, schools shall forbid attendance or (suspend) a student not meeting the requirements for immunization or exemption from immunization. Homeless students shall be referred to the liaison for homeless students and shall not be required to comply with the immunization requirements until the fifth (5th) calendar day after enrollment.
The admitting official shall deem the student to be in compliance with the requirements of this regulation if:
● The A. The student's immunization record complies with the documentary proof required pursuant to A.A.C. R9-6-704, and the student has received or is in the process of receiving all required age-specific vaccine doses according doses according to Exhibit JLCB-E; or
● An B. An exemption from immunization is submitted in accordance with the procedures set forth in in R9-6-706.
When the student's immunization record is not available at the time of enrollment, the school shall provide the responsible person with the following:
● Notification A. Notification of the lack of compliance with the immunization requirements;
● A B. A written notice that specifies when the required doses shall be completed, notes the availability of exemptions of exemptions to immunization, and refers the student to a physician or local health department for review for review of the student's immunization history and provision of immunizations as needed; and
● Notification C. Notification that the student is suspended in accordance with with 15-872 until until an acceptable immunization record that immunization record that meets the standards of documentary proof is presented to the school.
When immunization records are presented that do not comply with the standards for documentary proof, the school shall:
● Notify A. Notify the responsible person of the lack of compliance with the immunization requirements; and
● Obtain B. Obtain a review and verification of the student's immunization record by or in consultation with a certificated school certificated school nurse, a public health nurse, a licensed physician, or an authorized representative of a local health departmenthealth department.
If the admitting official is unable to verify the accuracy of the student's immunization record pursuant to the preceding paragraph, the school shall provide to the responsible person:
● A. A written referral to a physician or local health department for further review of the student's immunization history immunization history and provision of immunizations as needed; and
● Notification B. Notification that the student is suspended until an immunization record that meets the standards of documentary of documentary proof is presented to the school.
Each school shall maintain a current list of students without evidence of immunization or immunity to the diseases listed in in R9-6-702, which shall include the names of all students with incomplete immunization histories or exemptions for personal or medical reasons where evidence of immunity has not been provided.
Schools shall forbid attendance by a student lacking proof of immunization or immunity against any of the immunization-preventable diseases as determined by the State Department of Health Services or local health department during periods of outbreaks of the diseases for which immunity is lacking. The announcement of an outbreak of disease and the length of the period of communicability shall be as declared by the state or local health department.
Standards for Documentary Proof
Proof of immunity to the diseases listed in in R9-6-702 shall shall be documented in accordance with with R9-6-704.
Immunization records or statements of immunity shall be signed by a physician or authorized representative of a health agency.
Exemptions to Immunizations
Students who have reached their fifth (5th) birthday shall be exempt from the Hib immunization requirement.
Students who have reached their seventh (7th) birthday shall be exempt from the pertussis immunization requirement.
Any student with laboratory evidence of immunity shall not be subject to immunization against that disease as a condition for attending school, provided that such evidence is submitted to the school.
In accordance with A.R.S. 15-873, documentary proof is not required for a student to be admitted to school if one (1) of the following occurs:
● The A. The parent or guardian of the student submits a signed statement to the school administrator stating that the parent the parent or guardian has received information about immunizations provided by the Department of Health ServicesHealth Services, understands the risks and benefits of immunizations and the potential risks of nonimmunization, and and that, due to personal beliefs, the parent or guardian does not consent to the immunization of the student.
● The B. The school administrator receives written certification, signed by the parent or guardian and by a physician, that that states that one (1) or more of the required immunizations may be detrimental to the student's health and indicates and indicates the specific nature and probable duration of the medical condition or circumstance that precludes immunizationprecludes immunization.
An exemption pursuant to the preceding subparagraph is valid only during the duration of the circumstance or condition that precludes immunization.
If a medical exemption is granted in accordance with A.R.S. 15-873, it shall be defined by the grantor as either permanent or temporary.
● A. A permanent medical exemption may be provided for one (1) or more vaccines.
● A B. A temporary medical exemption shall specify the date of its termination. A student with a temporary medical exemption medical exemption shall be allowed to attend school on the condition that the required immunizations are obtained at the at the termination of the exemption. The responsible person shall be notified of the date by which the student shall student shall complete all required immunizations.
Any exemption granted in accordance with A.R.S. 15-873 shall shall be recorded on the school immunization record in the student's permanent file.
Students who lack documentary proof of immunization shall not attend school during outbreak periods of communicable immunization-preventable diseases as determined by the Department of Health Services or local health department. The Department of Health Services or local health department shall transmit notice of this determination to the school administrator responsible for the exclusion of the students.
Reporting Communicable Diseases
The administrator of a school shall submit by telephone a report to the local health department any case, suspected case, or outbreak of a communicable disease as follows:
● A. Within twenty-four (24) hours after detecting a case or suspected case of:
■ 1. Cryptosporidiosis■ Enterohemorrhagic
Escherichia 2. Enterohemorrhagic Escherichia coli
■ 3. Haemophilus influenzae: invasive disease
■ 4. Hepatitis A
■ 5. Measles
■ 6. Meningococcal invasive disease
■ 7. Mumps
■ 8. Pertussis (whooping cough)
■ 9. Rubella (German measles)
■ 10. Salmonellosis
■ 11. Shigellosis
● B. Within twenty-four (24) hours after detecting an outbreak of:
■ 1. Conjunctivitis: acute
■ 2. Diarrhea, nausea, or vomiting
■ 3. Scabies
■ Streptococcal Group 4. Streptococcal Group A infection
● C. Within five (5) working days after detecting a case or a suspected case of:
■ 1. Campylobacteriosis
■ 2. Varicella (chicken pox)
The report shall include:
● The A. The name and address of the school
● The B. The number of individuals having the disease, infestation, or symptoms
● The C. The date and time the disease or infestation was detected or the symptoms began
● The D. The number of rooms, grades, or classes affected and the name of each
● Information E. Information about each affected individual to include:
■ Name1. Name,
■ Date 2. Date of birth or age,
■ Residential 3. Residential address and telephone number,
■ Whether 4. Whether the individual is a staff member, student, child in care, or a resident,
● F. The number of individuals attending or residing in the school, and
● The G. The name, address, and telephone number of the person making the report.
Other Required Reports
By November 15 of each year, the Superintendent shall submit a report on the immunization status of students to the state or local health department on a form provided by the Department.
Each Superintendent of a school whose nurses are authorized to administer vaccines or immunizing agents shall submit monthly reports to the county health department in accordance with the procedures set forth in in R9-6-707. Reports are due by the fifth (5th) day of the following month.
An immunization record shall be maintained for each student in the school. Each immunization record shall include the following information:
● Name A. Name of the student;
● Date B. Date of birth;
● The C. The date of the student's admission to the school;
● The D. The month and year in which each vaccine was received, except for measles, mumps, and rubella, for which the which the day, month, and year are required;
● The E. The type of immunizing agents administered to the student;
● The F. The date each dose of immunizing agent is administered to the student; and
● The G. The established schedule for completion of immunizations if the student is admitted to or allowed to continue to continue to attend a school pursuant to section section 15-872, subsection E.
By November 15 of each year, each administrator of a public-school-based day care program or preschool shall submit a report to the state or local health department on a form provided by the Department.
A school shall transfer an immunization record and signed requests for provision of immunizations, including any revocations thereof, with the mandatory permanent student record and provide at no charge, on request, a copy of the immunization record to the parent or guardian of the pupil.
EXHIBIT
IMMUNIZATION OF STUDENTS
20122017-2013 2018 ARIZONA SCHOOL
IMMUNIZATION REQUIREMENTS
Age
Under
|
|
|
Grade
Kindergarten
|
Eleven (11) years
and older
|
|
|
Eleventh (11th) and twelfth (12th) grades
Vaccines
DTaP / DTP / DT
(Diphtheria, tetanus,
|
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|
|
Students who have not already received Tdap are required to receive one (1) Tdap dose when ten (10) years have passed since the last DTaP, DTP, DT, or Td.
Students starting or finishing the first three (3) tetanus and diphtheria doses of their lifetime must receive one (1) Tdap as part of the three (3) dose series.
Td
Tdap
Not required for eleven plus (11+) year olds in these grades.
Menin
gococcal
One (1) dose
One (1) dose recommended but not required for Eleventh (11th) and twelfth (12th) graders in the 2012-2013 school year.
Polio
Three
|
Students starting or finishing the first three (3) tetanus and diphtheria doses of their lifetime must receive one (1) Tdap as part of the three (3) dose series.
|
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|
|||
|
|||
|
|||
|
|||
MMR
(Measles, mumps, rubella)
|
||||||||
|
|||
|
|||||||
|
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|
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|
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|
|||
|
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Exceptions and Additions
to the Rules
Parents whose religious beliefs do not allow immunization must sign a a religious beliefs exemption form Form. A A medical exemption form form must be signed by the child's doctor if there is lab evidence of immunity or a medical reason why the child cannot receive shots. A copy of the lab results must be kept on file to prove the child's immunity.
1. Students must have proof of all required immunizations, or valid exemption, in order to attend school. Arizona law allows exemptions for medical reasons, lab evidence of immunity and personal beliefs. Exemption forms are available from schools and at http://azdhs.gov/phs/immunization/school-childcare/ requirements.htm.
2. Homeless students are allowed a five (5)-day grace period to submit proof of immunization records.
3. The immunization record for each vaccine dose must include the complete date and the doctor or clinic name.
4. The statutes and rules governing school immunization requirements are: Arizona Revised Statutes 15-871 - 15-874; Arizona Administrative Code, R9-6-701 - 708.
Note: Arizona Department of Health Services (ADHS) observes a four (4)-day grace period for vaccine ages and intervals, except for the space between two (2) live vaccines such as Varicella and MMR, which must be given at least twenty-eight (28) days apart if they are not administered on the same day.
Source: Arizona Immunization Program Office
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:
● infected A. infected students receive a public education.
● information B. information be provided for parents, faculty and staff members, and other concerned persons concerning the actual the actual and potential dangers of transmission of the disease.
● decisions C. decisions concerning the educational placement of infected students be determined upon the best medical knowledge medical knowledge available and on a case-by-case basis.
● restrictions D. restrictions be placed upon a student as required by Department of Health Services regulations, advice of the County the County Health Department, and advice of a physician selected by the District.
● protection 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: December 17, 2013 <-- 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
EXHIBIT
REPORTING CHILD ABUSE /
CHILD PROTECTION
REQUEST FOR INTERVIEW AT SCHOOL
(CSO-1021A)
__________________________________________
Date
__________________________________________
Name of School
__________________________________________
Address (No., Street, Ste. No., City, State, ZIP)
RE: _____________________________________________________________
(Child[ren] 's Name[s])
I am an investigator employed by the Arizona Department of Child Safety (DCS). DCS is mandated by law to investigate allegations of child abuse and neglect. [Title 8, Chapter 4 of the Arizona Revised Statutes (A.R.S.)] As part of my investigation, I need to speak with one or more children at this school. Please provide me with immediate access to the above-named child(ren).
I am authorized by A.R.S. § 8-802(B), A.R.S. 8-471(E)(3), and A.A.C. R6-5-5508(C) to interview a child without notice to or consent of the parent, guardian or custodian. See Arizona Attorney General Opinions (AG Opinions) I75-219, I75-234, I88-062, I04-003. Do not contact, directly or indirectly, the parents, guardians or custodians of the above-named child(ren) unless specifically requested or authorized by me, the assigned DCS investigator.
Because of the sensitive and confidential nature of a DCS investigation, school personnel and others are not permitted to be present during the interview(s) of the child(ren) nor can they be informed of what was discussed. See A.R.S. § 8-807, AG Opinion I98-008.
If at any time I determine, pursuant to A.R.S. § 8-821, that temporary custody is clearly necessary to protect the child(ren) from abuse or neglect, I will provide you with a Notice of Removal (PS-058) and provide the parents, guardians, or custodians a Temporary Custody Notice in accordance with A.R.S. § 8-823.
Under state and federal law, any information you have or may obtain during this investigation is confidential, including this form and the fact that the above-named child(ren) have been contacted regarding allegations of abuse or neglect. DO NOT disseminate this information to any person unless specifically authorized by applicable law or court order.
Thank you for your cooperation.
|
EOE/ADA/LEP/GINA Disclosures
Equal Opportunity Employer/Program • Under Titles VI and VII of the Civil Rights Act of 1964 (Title VI & VII), and the Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and Title II of the Genetic Information Nondiscrimination Act (GINA) of 2008; the Department prohibits discrimination in admissions, programs, services, activities, or employment based on race, color, religion, sex, national origin, age, disability, genetics and retaliation. The Department must make a reasonable accommodation to allow a person with a disability to take part in a program, service or activity. For example, this means if necessary, the Department must provide sign language interpreters for people who are deaf, a wheelchair accessible location, or enlarged print materials. It also means that the Department will take any other reasonable action that allows you to take part in and understand a program or activity, including making reasonable changes to an activity. If you believe that you will not be able to understand or take part in a program or activity because of your disability, please let us know of your disability needs in advance if at all possible. To request this document in alternative format or for further information about this policy, contact your local office; TTY/TDD Services: 7-1-1. • Free language assistance for DES services is available upon request.
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:
● There A. There must be a written order from the physician stating the name of the medicine, the dosage, and the time the time it is to be given.
● There B. There must be written permission from the parent to allow the school or the student to administer the medicinethe medicine. Appropriate forms are available from the school office.
● The C. The medicine must come to the school office in the most recent prescription container or, if it is over-the-counter medicationcounter medication, in the original container with all warnings and directions intact.
Exceptions:
● StudentsThe Governing Board directs the Superintendent to prescribe and enforce regulations and procedures for the emergency administration of auto-injectable epinephrine by a trained employee of the School District pursuant to section A.R.S. 15-157 and subsequent to the adoption of rules by the State Board of Education on or before January 1, 2014 pertaining to annual training in the administration of auto-injectable epinephrine, recognition of anaphylactic shock symptoms and the procedures to follow when anaphylactic shock occurs and the requirements of A.R.S. 15-203(A)(40).
The Governing Board recognizes that the prescribed annual training is optional during any fiscal year in which 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 medications including auto-injectable epinephrine provided the pupil's name is on the prescription label, on the medication container medication container or device and annual written documentation from the pupil's parent or guardian is provided that authorizes that authorizes possession and self-administration. The student shall notify the nurse, nurse assistant, or school office secretary as soon as practicable as practicable following the use of the medication;
● For B. For breathing disorders, handheld inhaler devices may be carried for self-administration provided the pupil's name s name is on the prescription label, on the medication container, or on the handheld inhaler device and annual written annual written documentation from the pupil's parent or guardian is provided that authorizes possession and self-administration.
StudentsC. Students with diabetes who have a diabetes medical management plan provided by the student's parent
or guardianor guardian, signed by a licensed health professional or nurse practitioner as specified by A.R.S. 15-344.01,
may carrymay 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 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: March 8, 2012 <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-157
15-158
15-203
15-341
15-344
15-344.01
32-1601
32-1901
CROSS REF.:
EBC-RC - Emergencies (First Aid)
REGULATION
MEDICINES / ADMINISTERING
MEDICINES TO STUDENTS
(Medication Procedures)
Prescription Drugs
For occasions when it is necessary for a student to receive a prescription drug during the school day, the following procedure has been established to ensure the protection of the school and the student and to assure compliance with existing rules and regulations:
Administration by school personnel:
● The A. The medication must be prescribed by a physician.
● The B. The parent or guardian must provide written permission to administer the medicine to the student. Appropriate forms Appropriate forms are available from the school office or health office.
● The C. The medication must come to the school office in the most recent prescription container as put up by the pharmacist. Written Written directions from the physician or pharmacist must state the name of the patient, the name of the medicinethe medicine, the dosage, and the time it is to be given.
● An D. An administrator may designate a school employee to administer the medication.● Two
E. Any medication administration services specified in the child's diabetes medical management plan shall be provided.
F. Two (2) or more school employees, subject to final approval by the student's parent or guardian, may volunteer may volunteer to serve as diabetes care assistants in an emergency as follows:
■ The parent or guardian must provide. Voluntary diabetes care assistants are allowed to administer insulin, assist the pupil with self-administration of insulin, administer glucagon in an emergency situation to a pupil or perform any combination of these actions if all of the following conditions exist:
1. A school nurse or another health professional who is licensed pursuant to statute or a nurse practitioner who is licensed pursuant to statute is not immediately available to attend to the pupil at the time of the emergency.
2. If the voluntary diabetes care assistant is authorized to administer glucagon, the parent or guardian must provide to the school an unexpired glucagon kit prescribed for the student by an appropriately licensed health licensed health care professional or nurse practitioner.
■ The 3. The volunteer diabetes care assistant has provided to the school a written statement signed by an appropriately an appropriately licensed health professional that the voluntary diabetes care assistant has received proper received proper training in the administration of glucagon, including the training specified in A.R.S. 15-344.01.
■ A 4. If the voluntary diabetes care assistant is authorized to administer insulin, the parent or guardian of the pupil has provided insulin and all equipment and supplies that are necessary for insulin administration by voluntary diabetes care assistants.
5. The training provided by an appropriately licensed health professional must include all of the following:
a. An overview of all types of diabetes.
b. The symptoms and treatment of hyperglycemia and hypoglycemia.
c. Techniques for determining the proper dose of insulin in a specific situation based on instructions provided in the orders submitted by the pupil's physician.
d. Techniques for recognizing the symptoms that require the administration of glucagon.
e. Techniques on administering glucagon.
6. A District employee shall not be subject to any penalty or disciplinary action for refusing to serve as a voluntary a voluntary diabetes care assistant.
■ The 7. The District, employees of the District, and properly licensed volunteer health professionals and nurse practitioners nurse practitioners are immune from civil liability for the consequences of the good faith adoption and implementation and implementation of policies and procedures pursuant to District policy and this regulation.
● Each G. Each administration of prescription drugs must be documented, making a record of the student having received having received the medication.
● Drugs H. Drugs must be kept in their original containers in a locked medicine cabinet.
Self-administration:
● When A. When the physician feels it is necessary for the student to carry and self-administer the medication, the physician the physician shall provide written recommendations, to be attached to the signed parent permission form except form except in the case of medication for diagnosed anaphylaxis and breathing disorders requiring handheld inhaler handheld inhaler devices. In these cases the student's name on the prescription label is sufficient for the physicianthe physician's recommendations recommendation.
● The B. The student's diabetes medical management plan provided by the parent or guardian shall be signed by the appropriately the appropriately licensed health professional or nurse practitioner and shall state that the student is capable of selfof self-monitoring blood glucose and shall list the medications, monitoring equipment, and nutritional needs that are that are medically appropriate for the pupil to self-administer and that have been prescribed or authorized for that studentthat student. The student must be able to practice proper safety precautions for the handling and disposal of the equipment the equipment and medications that the student is authorized to use under these provisions. The pupil's diabetes medical diabetes medical management plan shall specify a method to dispose of equipment and medications in a manner agreed manner agreed on by the parent or guardian and the school.
● The C. The parent or guardian must provide written permission for the student to self-administer and carry the medicationthe medication. Appropriate forms are available from the school office.
● The D. The medication must come in the most recent prescription container as put up by the pharmacist.
Over-the-Counter Medication
When it is necessary for a student to receive a medicine that does not require a prescription order but is sold, offered, promoted, and advertised to the general public, the following procedure has been established to ensure the protection of the school and the student:
Administration by school personnel:
● Written A. Written permission must be provided by the parent or guardian for the administration of specific over-the-counter drugs.
● Any B. Any over-the-counter drug or medicine sent by the parent to be administered to a student must come to the school the school office in the original manufacturer's packaging with all directions, dosages, compound contents, and proportions and proportions clearly marked.
● An C. An administrator may designate a school employee to administer a specific over-the-counter drug.
● Each D. Each instance of administration of an over-the-counter drug must be documented in the daily log.
● OverE. Over-the-counter drugs must be kept in their original containers in a locked medicine cabinet.
Self-administration:
A. Written permission must be provided by the parent or guardian for the administration of specific over-the-counter drugs by the student.
B. Over-the-counter drugs or medicine sent by the parent to be administered by the student must be kept by the student in the original manufacturer's packaging, with all directions, dosages, compound contents, and proportions clearly marked.
C. Necessity for self-administration of an over-the-counter drug or medicine shall be determined by the student's physician and must be verified by a signed physician's statement attached to the parent or guardian permission form, indicating the specific drug or medicine.
Protection of Students
Use or administration of medication on school premises may be disallowed or strictly limited if it is determined by the Superintendent, in consultation with medical personnel, that a threat of abuse or misuse of the medicine may pose a risk of harm to a member of the student population.
The student shall take extraordinary precautions to keep secure any medication or drug, and under no circumstances shall make available, provide, or give the item to another person. The student shall immediately report the loss or theft of any medication brought onto school campus. Violation of this regulation may subject the student to disciplinary action.
The focus of the counseling and guidance program in the District is on the developmental needs of students.
Personnel involved in counseling will demonstrate respect for the dignity and worth of each individual, and encourage each student to develop individual responsibility and decision-making skills. Personnel involved in counseling coordinate the school guidance program and involve all staff members in designing and implementing plans to meet three (3) major goals:
● A. Educational development. Students Students may participate in planning their education.
● B. Personal/social development. Students Students will develop appropriate behaviors for a variety of social settings. Students Students will develop awareness of self and confidence in their own abilities in order to enhance their career their career options and development.
● C. Career development. Students will develop career options consistent with their interests, abilities, and values.
Adopted: date of Manual adoption<-- z2AdoptionDate -->
Psychological services, including testing, are available to students through the public schools. Initial referrals for psychological evaluations may come from certificated staff members or parents, or from the student.
Prior written or oral consent of a parent or the legal guardian of a minor child must be obtained in the manner and as required by A.R.S. 36-2272 to procure, solicit to perform, arrange for the performance of or perform mental health screening in a nonclinical setting or mental health treatment on a minor. Eligible student (age eighteen [18] years and beyond) authorization must be obtained prior to the referral or performance of a mental health screening or mental health treatment as described above, except as otherwise provided by law or a court order. These restrictions do not apply when an emergency exists that requires a person to perform mental health screening or provide mental health treatment to prevent serious injury to or save the life of a minor child.
A school psychologist shall administer preliminary tests to determine the need for psychological evaluations.
Referrals to outside agencies shall be made only with parental or eligible student authorization, except as otherwise provided by law or a court order.
Adopted: date of Manual adoption <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
36-2272
REGULATION
SCHOOL COUNSELORS AND
PSYCHOLOGISTS
(Psychological Reports)
Psychological reports or case study evaluations are confidential. Such information will be kept locked in the appropriate records location when not in use by authorized personnel.
Teachers may review a student's file under the cognizance of an administrator.
Psychological reports shall not be taken from the office of the department responsible for the preservation of records.
Restraint and seclusion are not to be used as disciplinary consequences.
A school may permit the use of restraint or seclusion techniques on any pupil if both of the following apply:
A. The pupil's behavior presents an imminent danger of bodily harm to the pupil or others.
B. Less restrictive interventions appear insufficient to mitigate the imminent danger of bodily harm.
If a restraint or seclusion technique is used on a pupil:
A. School personnel shall maintain continuous visual observation and monitoring of the pupil while the restraint or seclusion technique is in use.
B. The restraint or seclusion technique shall end when the pupil's behavior no longer presents an imminent danger to the pupil or others.
C. The restraint or seclusion technique shall be used only by school personnel who are trained in the safe and effective use of restraint and seclusion techniques unless an emergency situation does not allow sufficient time to summon trained personnel.
D. The restraint technique employed may not impede the pupil's ability to breathe.
E. The restraint technique may not be out of proportion to the pupil's age or physical condition.
Schools may establish policies and procedures for the use of restraint or seclusion techniques in a school safety or crisis intervention plan if the plan is not specific to any individual pupil.
Schools shall establish reporting and documentation procedures to be followed when a restraint or seclusion technique has been used on a pupil. The procedures shall include the following requirements:
A. School personnel shall provide the pupil's parent or guardian with written or oral notice on the same day that the incident occurred, unless circumstances prevent same-day notification. If the notice is not provided on the same day of the incident, notice shall be given within twenty-four (24) hours after the incident.
B. Within a reasonable time following the incident, school personnel shall provide the pupil's parent or guardian with written documentation that includes information about any persons, locations or activities that may have triggered the behavior, if known, and specific information about the behavior and its precursors, the type of restraint or seclusion technique used and the duration of its use.
C. Schools shall review strategies used to address a pupil's dangerous behavior if there has been repeated use of restraint or seclusion techniques for the pupil during a school year. The review shall include a review of the incidents in which restraint or seclusion technique were used and an analysis of how future incidents may be avoided, including whether the pupil requires a functional behavioral assessment.
If a school district or charter school summons law enforcement instead of using a restraint or seclusion technique on a pupil, the school shall comply with the reporting, documentation and review procedures established under the paragraph above. School resource officers are authorized to respond to situations that present the imminent danger of bodily harm according to protocols established by their law enforcement agency.
Schools are not prohibited from adopting policies which include procedures for the reasonable use of physical force by certificated or support staff personnel in self-defense, defense of others and defense of property (A.R.S. 15-843, subsection b, paragraph 3.)
The District authorizes the use of these definitions which are included in A.R.S. 15-105:
A. "Restraint" means any method or device that immobilizes or reduces the ability of a pupil to move the pupil's torso, arms, legs or head freely, including physical force or mechanical devices. Restraint does not include any of the following:
1. Methods or devices implemented by trained school personnel or used by a pupil for the specific and approved therapeutic or safety purposes for which the method or device is designed and, if applicable, prescribed.
2. The temporary touching or holding of the hand, wrist, arm, shoulder or back for the purpose of inducing a pupil to comply with a reasonable request or to go to a safe location.
3. The brief holding of a pupil by one adult for the purpose of calming or comforting the pupil.
4. Physical force used to take a weapon away from a pupil or to separate and remove a pupil from another person when the pupil is engaged in a physical assault on another person.
B. "School" means a school district, a charter school, a public or private special education school that provides services to pupils placed by a public school, the Arizona State Schools for the Deaf and the Blind and a private school.
C. "Seclusion" means the involuntary confinement of a pupil alone in a room from which egress is prevented. Seclusion does not include the use of a voluntary behavior management technique, including a timeout location, as part of a pupil's education plan, individual safety plan, behavioral plan or individualized education program that involves the pupil's separation from a larger group for purposes of calming.
Adopted:
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
EXHIBIT
RESTRAINT AND SECLUSION
RESTRAINT/SECLUSION DOCUMENTATION
This form must be completed when school personnel have used a restraint or seclusion technique with a student.
Referral to Law Enforcement: School personnel are required to comply with the reporting, documentation and review procedures required by A.R.S. 15-105 if the school district summoned law enforcement instead of using a restraint or seclusion technique on the student.
Applicable Definitions: For purposes of determining whether this form must be completed, the following definitions apply:
Restraint means any method or device that immobilizes or reduces the ability of a student to move the student's torso, arms, legs or head freely, including physical force or mechanical devices.
Restraint does not include any of the following;
1. Methods or devices implemented by trained school personnel or used by a student for the specific and approved therapeutic or safety purposes for which the method or device is designed and, if applicable, prescribed.
2. The temporary touching or holding of the hand, wrist, arm, shoulder or back for the purpose of inducing a student to comply with a reasonable request or to go to 'a safe location.
3. The brief holding of a student by one adult for the purpose of calming or comforting the student.
4. Physical force used to take a weapon away from a student or to separate and remove a student from another person when the student is engaged in a physical assault on another person.
Seclusion means the involuntary confinement of a student alone in a room from which egress is prevented.
Seclusion does not include the use of a voluntary behavior management technique, including a timeout location, as part of a student's education plan, individual safety plan, behavioral plan or individualized education program (IEP) that involves the student's separation from a larger group for purposes of calming.
Notification to Parents: Check the appropriate box.
◻ School personnel provided the student's parent/guardian with written or oral notice on the same day the incident occurred; or
◻ Circumstances Circumstances prevented same day notification to the student's parent/guardian of the incident. Notice will provided within twenty-four (24) hours after the incident.
Student: _____________________________________ Student ID: ______________
First Middle Last
EXHIBIT
RESTRAINT AND SECLUSION
RESTRAINT/SECLUSION DOCUMENTATION
Student: _____________________________________ Student ID: ______________
Grade: ______ Age: ________ DOB: ____________ School: ________________
Parent(s): _______________________________________________________________
Address: ________________________________________________________________
Phone: (w) __________________ (h) ___________________ (c) __________________
Date of Incident: __________________ Location Location: ______________________________
Month/Day/Year
School personnel were permitted to use the restraint or seclusion technique because both of the following applied (check boxes to confirm that both conditions were met):
◻ The student's behavior presented an imminent danger of bodily harm to the student or others;
◻ Less restrictive interventions appeared insufficient to mitigate the imminent danger of bodily harm.
Description of the student's behavior that presented an imminent danger of bodily harm to the student or others:
_______________________________________________________________________
_______________________________________________________________________
Description of the less restrictive interventions that appeared insufficient to mitigate the danger of imminent danger of bodily harm:
__________________________________________________________
_____________
__________________________________________________________
_____________
School personnel involved in the incident must check the boxes below and provide other information as needed. If a box is not checked "True," school personnel must explain why the particular condition was not met.
1. School School personnel maintained continuous visual observation and monitoring of the student while the restraint or seclusion technique was used. True ◻ Not True ◻
Personnel who observed and monitored the student:
_______________________________________________________
________________
_______________________________________________________
________________
2. The The restraint or seclusion ended when the student’s behavior no longer presented an imminent danger to the student or others. True ◻ Not True ◻
3. The The restraint or seclusion technique was used only by school personnel who are trained in the safe and effective use of restraint and seclusion techniques, unless an emergency situation did not allow sufficient time to summon trained personnel. True ◻ Not True ◻
4. If If an emergency existed that did not allow sufficient time to summon trained personnel, explain the emergency:
________________________________________________________________________
5. The The restraint technique used did not impede the student’s ability to breathe. True ◻ Not True ◻
6. The The restraint technique was not out of proportion to the student’s age or physical condition. True ◻ Not True ◻
Information (if known) about any persons, locations or activities that may have triggered the student's behavior:
__________________________________________________________
_____________
__________________________________________________________
_____________
Specific information about the behavior and its precursors:
__________________________________________________________
_____________
__________________________________________________________
_____________
Type of restraint or seclusion technique used:
__________________________________________________________
_____________
__________________________________________________________
_____________
Duration of restraint or seclusion technique used: ____________ minutes
A review meeting is needed: Yes Yes ◻ No No ◻ A A review meeting to review strategies used to address a student's dangerous behavior must be behavior must be scheduled if there has been repeated use of restraint or seclusion for the student during the school year. If If a review meeting is needed, it will be scheduled and separate documentation will be completed.
Person(s) Responsible for Completing Form:
_________________________________________________ Date: _______________
_________________________________________________ Date: _______________
REGULATION
SEX OFFENDER NOTIFICATION
(Sex Offender and Dangerous Juvenile Offender
Notification and Protective Measures)
To fulfill the requirements of Policy JLIF the following procedures are to be implemented.
Registered Sex Offender
Community Notification
When the local law enforcement agency notifies the District pursuant to A.R.S. 13-3825 and 13-3826 of a registered sex offender's presence in the community, the following actions shall occur:
A. A copy of the notification flyer provided by the law enforcement agency, displaying the offender's photograph and disclosing the offender's exact address, status summary, and criminal background, is to be distributed to each school and department.
B. The school principal or department supervisor shall post the notification flyer at locations where the flyer is readily accessible for viewing by staff members, students, and visitors.
C. The principal or supervisor shall inform students and staff members that a new flyer has been posted.
D. When the registered sex offender described in the notice is also a student within the District, then the provisions regarding juvenile (youthful) dangerous offenders and sex offenders shall also be followed, except that the restrictions against disclosure of information shall not apply to the information obtained in the community notification received from the local law enforcement agency.
===================================================================
Optional language: The following statement (to the next double line) on notification is available for inclusion at the District's discretion.
Information is to also be communicated through media, such as newsletters, meal menus, press releases, and similar means to students, staff members, and parents/guardians advising them that listings of sex offenders in the area are available at the Arizona Department of Public Safety Sex Offender Infocenter, www.az.gov/webapp/offender, and at the United States Department of Justice National Sex Offender Public Registry, www.nsopr.gov/, as well as various other websites.
===================================================================
Optional language: The following restrictions (to the next double line) on offenders are available for inclusion at the District's discretion.
District Restrictions on Registered
Sex Offenders
An adult registered sex offender may not be present on school property, including school buildings, grounds, and vehicles, except when:
A. The offender is the parent or guardian of a student attending the school and the offender is:
1. Attending a conference with school personnel to discuss the academic or social progress of the offender's child; or
2. Participating in child review conferences in which special education evaluation and placement decisions may be made with respect to the offender's child; or
3. Attending conferences to discuss other issues relating to the offender's child, such as student discipline, retention or promotion; or
B. The offender has obtained prior written permission from the Superintendent.
When a registered sex offender is present on school property under any of the circumstances described above, the offender must comply with the following requirements:
A. Notify the principal's office immediately upon arrival on school property;
B. Remain at all times under the direct supervision of the principal or a person designated by the principal; and
C. Notify the principal's office when the offender is departing from school property.
A staff member who observes a person or a situation that leads the staff member to a reasonable belief that the person may be a sex offender, or that a sexual assault or abuse might occur, is to promptly notify a school official of his or her belief. The school official is to notify the Superintendent and, as appropriate, law enforcement of the staff member's belief. When an individual appears to have been inappropriately contacted or approached, or has been assaulted, law enforcement is to be notified without delay. The staff member is not to confront a suspected abuser; investigation and determination is to be left to proper authorities.
===================================================================
When the individual under suspicion is a student in the District, the Superintendent may, pursuant to A.R.S. 8-350, request from the juvenile court the criminal history of the student to determine if the student has been adjudicated delinquent for or convicted of a dangerous offense or a violation of A.R.S. 13-1405, 13-1406, 13-1410, or 13-1417. If the criminal history provided by the court shows such an adjudication or conviction, then the District shall implement the procedures outlined below for juvenile (youthful) dangerous offenders and sex offenders.
===================================================================
Juvenile (Youthful) Dangerous
Offenders and Sex Offenders
When the District is notified by a juvenile court pursuant to A.R.S. 8-350 that a student attending a school in the District has been adjudicated delinquent for or convicted of and placed on probation for a dangerous offense or sexual conduct with a minor, sexual assault, molestation of a child, or continual sexual abuse of a child the Superintendent shall promptly notify the principal of the school where the student is in membership.
The principal shall:
A. Send notice to the student's teacher(s), and such other staff members as the principal determines appropriate to the circumstance, to contact the principal concerning a confidential matter. The noticed staff members will be provided with the information received from the juvenile court, and be directed to comply with the student record confidentiality requirements prescribed in District Policy JR. A staff member who improperly discloses confidential student information may be disciplined pursuant to District policy.
===================================================================
Optional language: The following restrictions (to the end of this document) on juvenile offenders and instruction in protective measures are available for inclusion at the District's discretion.
B. Confer with the student's probation officer to gather information on the student's offense, the conditions of probation, and assessment of the student as a risk factor where other students and staff members are concerned.
1. Where a viable risk is perceived, the principal shall notify the Superintendent who, in consultation with legal counsel and the juvenile offender's parole officer, shall determine further steps to be taken.
C. Meet without undue delay and to the extent reasonably possible, with the student's parent(s) or guardian(s), the student's teacher(s), and the student's counselor where available. Advise the parties that the student juvenile offender:
1. Cannot attend a school where a victim of the juvenile offender is in membership;
2. Cannot attend a school where a sibling of a victim of the juvenile offender is in membership;
3. Must refrain from contact with the victim of the juvenile offender or a sibling of the victim while on school property.
D. Notify the parent(s) or guardian(s) of the juvenile offender's victim of the juvenile offender's membership in a District school.
E. Upon request, make the notification information available to teachers, parents, guardians, or custodians.
Staff members are to be alert to and inform school officials of any behavior by a juvenile offender that creates an abnormal risk to members of the school community. However, each circumstance involving a student probationary juvenile offender attending a District school shall be evaluated on a case-by-case basis. Whenever possible without placing other students or adult members of the school community at risk, reasonable efforts should be made to continue the student's education, to provide supportive services, and to avoid any acts of harassment or vigilantism against the student. Although federal and state laws and rules permit the release of information concerning a student registered sex offender, discretion should be exercised when discussing or disseminating information about the student. Whenever possible, the school community should encourage and support timely and appropriate intervention toward the expected outcome that a juvenile offender's conduct will be rectified so the student will commit no further offense and will develop into a responsible, self-controlled adult.
Instruction in Protective Measures
A committee including members of the District staff, the local law enforcement agency, and such other persons as the Superintendent may determine will convene to develop instruction in protective measures against sexual offenders. These shall include, but not be limited to, techniques child sexual molesters use to charm adults and gain access to children and how sexual predators use the internet to entice students into dangerous situations. The committee is to evaluate and select materials and strategies designed to deliver age-appropriate instruction that equips students in identifying, avoiding, fleeing from, and reporting assaults and attempted assaults by sexual offenders.
Instruction in protective measures is to be incorporated into the general curriculum. Instances of the posting of a new notification of a registered sex offender in the community should be accompanied with repetition and reinforcement of protective measures students should know and apply as a defense against sexual predators.
EXHIBIT
RESTRAINT AND SECLUSION
RESTRAINT/SECLUSION DOCUMENTATION
(Same Day Oral/Written Notification to Parent/Guardian)
or within twenty-four (24) hours if
circumstances prevented same day notice
Date provided: _____/_____/_____ Time: ________: ___.m.
Method of Delivery:
◻ Oral
◻ Written
Hand-delivery (signature required) _________________________________
Mailed: ◻ 1st 1st Class Mail-Certificate of Mailing and/or or ◻ Certified Certified Mail-Return Receipt Requested
E-mailed using address: ______________________________; maintain proof of electronic delivery
Name of Parent/Guardian Receiving Notice: ___________________________________
Person Providing Notice: __________________________________________________
Confirmation that a copy of this completed documentation was provided to the Parent/Guardian (provided within a reasonable time following the incident):
Date provided: _____/_____/_____
Time: ________: ___.m.
Method of Delivery:
◻ Oral
◻ Written
Hand-delivery (signature required) _______________________
__________
Mailed: ◻ 1st Class Mail-Certificate of Mailing and/or ◻ Certified Mail-Return Receipt Requested
E-mailed using address: ______________________________; maintain proof of electronic delivery
Name of Parent/Guardian Receiving Notice:
_______________________
____________
Person Providing Notice:
______________________________________
____________
EXHIBIT
RESTRAINT AND SECLUSION
RESTRAINT/SECLUSION DOCUMENTATION
(Review of Repeated Use of Restraint
or Seclusion Techniques)
A review meeting to review strategies used to address a student's dangerous behavior must be behavior must be scheduled if there has been repeated use of restraint or seclusion for the student during the school year, A.R.S. 15-105.
Student:
____________________________
_________Student ID:
___________
___
Grade:
____
__Age:
____
____DOB:
_________
___School:
_______________
_
Parent(s): __________________________________________________
_____________
Address: __________________________________________________
______________
Phone: (w) ______________
____(h) ______________
_____(c) ______________
____
Date of Incident: _______________
___ LocationLocation: ____________________
__________
Month/Day/Year
Review current and previous incidents in which physical restraint/seclusion techniques were used:
__________________________________________________________
_____________
__________________________________________________________
_____________
Review strategies used to address the student's dangerous behavior:
__________________________________________________________
_____________
__________________________________________________________
_____________
Analyze how future incidents may be avoided:
__________________________________________________________
_____________
__________________________________________________________
_____________
The Team recommends a Functional Behavioral Assessment: Yes Yes ◻ No No ◻
Name: ________________ ____ SignatureSignature: ________________ ________ Date: _______
Name: ________________ ____ SignatureSignature: ________________ ________ Date: _______
Name: ________________ ____ SignatureSignature: ________________ ________ DateDate: _______
Name: ________________ ____ SignatureSignature: ________________ ________ Date: _______
Name: ________________ ____ SignatureSignature: ________________ ________ Date: _______
If parent(s) did not attend the meeting, explain other methods to ensure parent participation and/or child as appropriate (e.g., conference call, videoconferencevideoconference, home visithome visit): _____________________________________________________________
Any school personnel or any other person who has responsibility for the care or treatment of a minor and who reasonably believes that a minor is or has been the victim of physical injury, abuse, child abuse, a reportable offense or neglect that appears to have been inflicted upon the minor by other than accidental means or that is not explained by the available medical history as being accidental in nature or who reasonably believes there has been a denial or deprivation of necessary medical treatment or surgical care or nourishment with the intent to cause or allow the death of an infant who is protected under A.R.S. 36-2281 shall immediately report or cause reports to be made of such information to a peace officer or to the Department of Child Safety (DCS) of the Department of Economic Security, except if the report concerns a person who does not have care, custody, or control of the minor, the report shall be made to a peace officer only. Such reports shall be made immediately either electronically or by telephone.
DCS 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 an immediate risk of abuse or neglect that could result in serious harm. Mandated reporters will be able to submit non-emergency reports twenty-four (24) hours a day without wait times.
All reports made via the online website will require the person making the report (reporting source) to provide contact information. A representative from the Child Abuse Hotline may contact the source for additional information, if necessary. This process will make it more convenient to meet the mandated reporting requirements and help ensure child safety.
All emergency situations where a child faces an immediate risk of abuse or neglect that could result in serious harm must still be reported by calling 911 or 1-888-SOS-CHILD (1-888-767-2445). If a reporting source is unsure as to whether or not the report is an emergency situation, the reporting source should call the Child Abuse Hotline to make a report.
Any concerns for the safety of a child due to abuse, neglect or abandonment, must be reported, by:
Calling Calling 1-888-SOS-CHILD (1-888-767-2445),
TDD TDD: 602-530-1831 (1-800-530-1831), or
Submitting Submitting non-emergency concerns via the Online Reporting Service
for for Mandated Reporters at https://www.azdes.gov/dcyf/cps/
mandated_reporters/ (effective November 2013).
Pursuant to A.R.S. 13-3620, such reports shall contain, if known:
● The A. The names and addresses of the minor, the parents, or the person or persons having custody of such minor, if if known.
● The B. The minor's age and the nature and extent of the minor's abuse, child abuse, or physical injuries or neglect, including including any evidence of previous abuse, child abuse, physical injury or neglect.
● Any C. Any other information that such person believes might be helpful in establishing the cause of the abuse, child abusechild abuse, physical injury or neglect.
A person who furnishes a report, information, or records required or authorized under Arizona Revised Statutes or a person who participates in a judicial or administrative proceeding or investigation resulting from a report, information or records required or authorized under Arizona Revised Statutes is immune from any civil or criminal liability by reason of that action unless such person has acted with malice or unless such person has been charged with or is suspected of abusing or neglecting the child or children in question.
A report is not required under A.R.S. 13-3620 for conduct prescribed by A.R.S. 13-1404 and 13-1405 if the conduct involves only minors who are fourteen (14), fifteen (15), sixteen (16) or seventeen (17) years of age and there is nothing to indicate that the conduct is other than consensual.
A report is not required if a minor is of elementary school age, the physical injury occurs accidentally in the course of typical playground activity during a school day, occurs on the premises of the school that the minor attends and is reported to the legal parent or guardian of the minor and the school maintains a written record of the incident. The school will maintain a written record of the physical injury as part of the student's health file as required by Arizona State Library, Archives and Public Records (ASLAPR).
A person who fails to report abuse as provided in A.R.S. 13-3620 is guilty of a class 1 misdemeanor, except if the failure to report involves a reportable offense, the person is guilty of a class 6 felony.
Any certificated person or Governing Board member who reasonably suspects or receives a reasonable allegation that a person certificated by the Department of Education has engaged in conduct involving minors that would be subject to the reporting requirements of A.R.S. 13-3620 shall report or cause reports to be made to the Department of Education in writing as soon as is reasonably practicable but not later than three (3) business days after the person first suspects or receives an allegation of the conduct.
Any school employee who has orally reported to CPS 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: October 14, 2014 <-- 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
REPORTING CHILD ABUSE /
CHILD PROTECTION
Abuse means the infliction or allowing of physical injury, impairment of bodily function, or disfigurement, or the infliction of or allowing another person to cause serious emotional damage as evidenced by severe anxiety, depression, withdrawal, or untoward aggressive behavior, and which emotional damage is diagnosed by a medical doctor or psychologist pursuant to A.R.S. 8-821, and which is caused by the acts or omissions of an individual having care, custody, and control of a child. Abuse shall include inflicting or allowing sexual abuse pursuant to A.R.S. 13-1404, sexual conduct with a minor pursuant to A.R.S. 13-1405, sexual assault pursuant to A.R.S. 13-1406, molestation of a child pursuant to A.R.S. 13-1410, commercial sexual exploitation of a minor pursuant to A.R.S. 13-3552, sexual exploitation of a minor pursuant to A.R.S. 13-3553, incest pursuant to A.R.S. 13-3608, or child prostitution pursuant to A.R.S. 13-3212.
Child, youth, or juvenile means an individual who is under the age of eighteen (18) years.
Abuses classified by statute as "reportable offenses" are:
● Indecent A. Indecent exposure [A.R.S. 13-1402]
● Public B. Public sexual indecency to a minor [A.R.S. 13-1403]
● Sexual C. Sexual abuse [A.R.S. 13-1404]
● Sexual D. Sexual conduct with a minor [A.R.S. 13-1405]
● Sexual E. Sexual assault [A.R.S. 13-1406]
● Molestation F. Molestation of a child [A.R.S. 13-1410]
● Furnishing G. Furnishing items that are harmful to a minor via the internet Internet [A.R.S. 13-3506.01]
● Surreptitious H. Surreptitious photographing, videotaping, filming, or digitally recording or viewing of a minor [A.R.S. 13-3019]
● Incest I. Incest [A.R.S. 13-3608]
● Child J. Child prostitution [A.R.S. 13-3212]
● Commercial K. Commercial sexual exploitation of a minor [A.R.S. 13-3552]
● Sexual L. Sexual exploitation of a minor (concerning visual depiction of a minor engaged in exploitive exhibition or other or other sexual conduct) [A.R.S. 13-3553]
● Luring M. Luring a minor for sexual exploitation [A.R.S. 13-3554]
● Admitting N. Admitting a minor to public displays of sexual conduct [A.R.S. 13-3558]
EXHIBIT
REPORTING CHILD ABUSE /
CHILD PROTECTION
SUSPECTED ABUSE, PHYSICAL INJURY, CHILD ABUSE,
REPORTABLE OFFENSE OR NEGLECT
To: Department Department of Child Safety, D.E.S. (or law enforcement agency)
Student's s Birth
name _____________________________________ date __________ Sex ____
Address ___________________________________________________________
Names of parents/guardians ___________________________________________
E-mail address ______________________________________________________
School _______________________ Grade _____ Teacher _________________
Description of suspected present or prior abuse, child abuse, physical injury,
or neglect (use additional page if necessary) _______________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Symbols: Severity:
A = Abrasion (1) = Mild
Bl = Blister Blister (2) = Moderate
Bu = Burn Burn (3) = Severe
Br = Bruise
La = Laceration
Le = Lesions
S = Scar
R = Rash
V = Vermin
O = Other (describe)
________________________________________ _______ __________________
Signature
Signature and Title of Person Making the Report Date Date
Oral Report to: Name _________________________________________________
Agency ________________________________ Position ___________________
Date ________________________ _____ Time __________________________
Written report to ___________________________ _ Date ___________________
Copy filed in school nurse's office
Following proper notification, the records of each missing child will be flagged on the electronic records and 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.
● Other B. Other reliable proof of the student's identity and age, including the student's baptismal certificate, an application an application for a Social Security number, or original school registration records and an affidavit explaining the inability records and an affidavit explaining the inability to provide a copy of the birth certificate.
● A C. A letter from the authorized representative of an agency having custody of the student (pursuant to statute) certifying 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 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.
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 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:
● Flag A. Flag means to mark or identify as pertaining to a missing child, or an indication identifying an item as pertaining as pertaining to a missing child.
● B. Missing child child means a person who is under the age of eighteen (18) years, whose temporary or permanent residence permanent residence is in this state or is believed to be in this state, whose location has not been determined, and who has 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 -->
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.
EXHIBIT
MEDICINES / ADMINISTERING
MEDICINES TO STUDENTS
CONSENT TO ADMINISTER PRESCRIPTION MEDICATION
AND OVER-THE-COUNTER MEDICATION
It is strongly recommended that medication be administered at home if at all possible. ALL MEDICATION must be kept in the Health Office. If students must take medicine at school, either by physician's order or parent's request the following guidelines will apply:
Administration of Medication
Prescribed by a Physician:
● The law (A.R.S. 15-344) requires that medication must be delivered to the nurse in the prescription container as prepared by the pharmacist. The number of pills may be documented upon receipt by the school nurse.
● The prescription label must bear the student's name, current date, name of medication, dosage and the time to be given.
● Please ask your pharmacist to fill the prescription in both home and school containers.
● It is recommended that no more than a thirty (30) day supply be maintained at school.
● The school nurse may consult with the physician regarding medication.
Administration of Non-Prescription
Medications:
● The law (A.R.S. 15-344) requires that medication must be delivered to the nurse in the original container as packaged by the manufacturer and labeled with the student's name.
● Dosage must be in keeping with the manufacturer's recommendations as printed on the label.
● The school nurse may request a medical evaluation and my require a physician's order giving permission to administer nonprescription medication, nontraditional medication or food supplements.
● A printed form provided by the District must be completed by the parent/guardian authorizing administration of medication and/or food supplements at school. A temporary hand-written note may be honored for one (1) dose/day and must be followed by the School District form.
● Medication should not be carried back and forth from home to school by the student. This is to protect the student against theft or misuse of his/her medication.
Please complete the following information and
return the entire page to the school nurse.
Name _______________________________ Data of Birth _________ Grade ____
Teacher ___________________ Medication ____________ Dosage ___________
Reason for Medication (Diagnosis) _______________________________________
Time(s) to be administered at school _____________________________________
Dates to be administered at school: From _____________ Until _____________
(Date) (Date)
I hereby authorize the school nurse or principal's designee to be my agent and to give the above named medication(s) to my child.
Signature of Parent/Guardian ____________________________ Date _________
EXHIBIT
STUDENT FEES, FINES, AND CHARGES
TAX CREDIT CONTRIBUTIONS
IS THIS A TAX CREDIT ELIGIBLE EXTRACURRICULAR ACTIVITY?
In accordance with A.R.S. § 15-342(24) and § 43-1089.01(G)(2):
1. Is the activity sponsored by the district/school? Yes No
2. Is the activity for enrolled students? Yes No
3. Is the activity optional? Yes No
4. Is the activity non-credit? Yes No
5. Does the activity supplement the district/school’s educational Yes No
program?
6. Does the district/school charge a fee for participation in the activity? Yes No
7. Is the activity fee paid directly to the district/school? Yes No
8. Was the fee for this activity adopted by the Governing Board at a
public meeting after notice to all parents of enrolled students? Yes No
9. Has the Governing Board authorized the principal to waive all or part
of the activity fee if it creates an economic hardship for a student? Yes No
If you answered NO to any of these questions, then the activity is not tax credit eligible. If you are not certain how to answer any of the above questions, you should consult the school’s attorney before offering tax credits for the activity.
Frequently Asked Questions
1. How must extracurricular activity fees be adopted? To be eligible for tax credits, extracurricular activity fees must be adopted by the Governing Board at a public meeting after notice to all parents of students enrolled in the District. [See A.R.S. § 15-342(24)]. Districts typically adopt a fee schedule near the beginning of the school year and may later publish supplementary fee schedules. Best practice is for any extracurricular activity fees, including fees for field trips, to be included on the District’s published fee schedules. Activity fees that have not been properly noticed or adopted by the Governing Board are not tax credit eligible.
2. Can the fees be paid directly to a third-party that is coordinating the activity? Extracurricular activity fees must be paid directly to the district or school. Fees paid to third-parties do not qualify for tax credits. [See Arizona Attorney General Opinions I03-008 and I98-007.]
3. Must the District waive all or part of an activity fee if it creates an economic hardship for a student? The Governing Board must authorize a principal to waive all or part of an activity fee if it creates an economic hardship for a student. [See A.R.S. § 15-342(24) and Arizona Attorney General Opinion I99-021.] If a student does not raise enough money through tax credit donations and cannot otherwise afford to participate in an extracurricular activity, the student’s principal must be authorized to waive all or part of the fee. In practice, this means the principal must find another funding source to pay for the student’s activity fee. For example, the school’s site council may choose to use undesignated tax credit donations to pay for the activity fees of students for whom payment would represent an economic hardship. See A.R.S. § 43-1089.01(E). Best practice is for a site council, at the beginning of the school year, to identify which activity fees it will cover and in what amounts. If a school or district is unable to waive part or all of an activity fee for a student for whom the fee creates an economic hardship, then no fees may be charged for the activity and the activity would no longer be tax credit eligible. See A.R.S. § 15-342(24).
________________________________________________________________________________
Any fees charged must be no more than the actual costs of the activity. See A.R.S. § 15-342(24).
Arizona Department of Revenue, Office of Economic Research and Analysis, December 2014, Page 4.
EXHIBIT
MEDICINES / ADMINISTERING
MEDICINES TO STUDENTS
MEDICATION PROCEDURE AND CONSENT TO ADMINISTER
PRESCRIPTION AND OVER-THE-COUNTER MEDICATIONS
When students must take medicine at school, either by physician's prescription or parent request, the following guidelines will apply:
Administration of Medication
Prescribed by a Physician:
● The law (A.R.S. 15-344) requires that medication must be delivered to the nurse in the prescription container as prepared by the pharmacist. The number of pills may be documented upon receipt by the school nurse.
● The prescription label must bear the student's name, current date, name of medication, dosage and the time to be given.
● Please ask your pharmacist to fill the prescription in both home and school containers.
● It is recommended that no more than a thirty (30) day supply be maintained at school.
● The school nurse may consult with the physician regarding medication.
Administration of Non-Prescription
Medications:
● The law (A.R.S. 15-344) requires that medication must be delivered to the nurse in the original container as packaged by the manufacturer and labeled with the student's name.
● Dosage must be in keeping with the manufacturer's recommendations as printed on the label.
● The school nurse may request a medical evaluation and my require a physician's order giving permission to administer nonprescription medication.
Student Custody of Medication
for Self-Administration:
● A written order from a physician stating necessity of self medication may be requested by the nurse.
● A written contract signed by the parents, student and nurse must be on file the health office prior to student maintaining custody of own medication.
● The student must agree to contact the school nurse before a second dose of an "as needed" medication is taken in a given school day.
● The physician's order/contract shall be updated annually or sooner if conditions change.
● Students must not allow or offer use of personal medication.
A printed form provided by the District must be completed by the parent/guardian authorizing administration of medication at school. A temporary hand-written note may be honored for one (1) dose/day and must be followed by the School District form.
Medication should not be carried back and forth from home to school by the student. This is to protect the student against theft or misuse of his/her medication.
Please complete the following information and
return the entire page to the school nurse.
Name _______________________________ Data of Birth _________ Grade ____
Teacher ___________________ Reason for Medication (Diagnosis) ___________
________________________________________________________________________
Medication ______________________________ Dosage ___________________
Medication ______________________________ Dosage ___________________
Dates to be administered at school: From _____________ Until _____________
(Date) (Date)
Time(s) to be administered at school _____________________________________
I hereby authorize the school nurse or principal's designee to be my agent and to give the above named medication(s) to my child.
I hereby give my child ________________________ permission to carry and self administer ___________________________________ following dosage orders and above written guidelines. Today's date ____________________.
_______________________ ____________________ ____________________
Signature of Parent/Guardian Student Signature Nurse Signature
When students are in school, engaging in school-sponsored activities, or traveling to and from school on school buses, they are expected 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 within a reasonable proximity of the students. Teachers 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 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: March 10, 2016 <-- 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 or the Superintendent's designee, 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: September 22, 2011 <-- 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
REGULATION
STUDENT DISMISSAL PRECAUTIONS
(Student Release Requirements)
At the time of school admission, the principal must complete the student's permanent record form, which will identify the student's legal name and the name, address, and telephone number of the student's lawful custodian(s).
Before releasing a student during the school day, the principal shall be responsible for the verification of the identity of any lawful custodian or any representative seeking release of a student.
If a lawful custodian, as indicated on the student's permanent record, is not recognized by sight, the principal shall require satisfactory identification before such release. If there is a doubt, release may not be granted.
In the case of a written or verbal authorization by a lawful custodian of record, the principal shall require satisfactory verification of the message as being from the lawful custodian of record. If there is a doubt, release may not be granted.
If an unauthorized person refuses to honor the decision of the principal, the principal shall call the local police authority.
If, in the granting of a release of a student, a change in the record of the student's lawful custodian(s) becomes apparent and is verified to the satisfaction of the principal, such change shall immediately be entered on the student's permanent record.
If any police or court official requests the release of a student during school hours, parents should be notified as soon as possible.
EXHIBIT
STUDENT RECORDS
LOCATIONS OF EDUCATION RECORDS
|
The Superintendent shall establish procedures for registration, parking, and use of motorized vehicles and for searches for and seizures of illegal material contained therein. In the establishment of such procedures the Superintendent will be guided by the following:
● Students A. Students will not bring any motorized vehicles on any campus in the District other than the high school campusschool campus.
● All B. All students will register their vehicles.
● Registration C. Registration stickers must be displayed on all student vehicles.
● Vehicles D. Vehicles may be towed away at student expense for failure to follow policy and procedures related to motorized to motorized vehicles.
Adopted: date of Manual adoption <-- z2AdoptionDate -->
EXHIBIT
STUDENT RECORDS
DESIGNATION OF DIRECTORY INFORMATION
During the school year, District staff members may compile nonconfidential student directory information specified below.
According to state and federal law the below-designated directory information may be publicly released to educational, occupational or military recruiting representatives without your permission. If the Governing Board permits the release of the below-designated directory information to persons or organizations who inform students of educational or occupational opportunities, by law the District is required to provide the same access on the same basis to official military recruiting representatives for the purpose of informing students of educational and occupational opportunities available to them, unless you request in writing that the school not release the student's information without your prior signed and dated written consent. If you do not object to the release of any and all of the below-designated information in writing, then the District must provide military recruiters, upon request, directory information containing the student's names, addresses and telephone listings.
If you do not want any or all of the below-designated information about your son/daughter to be released to any person or organization without your prior signed and dated written consent, you must notify the District in writing by checking off any or all of the rejected information, signing the form at the bottom of this page, and returning it to the Principal, within two (2) weeks of receiving this form. If the School District does not receive this notification from you within the prescribed time, it will be assumed that your permission is given to release your son's/daughter's designated directory information.
--------------------------------------------------------------------------------------------------------------------------
TO: Principal
I do not want any or all the information I have þ below concerning (student's name) _________________________________ designated as directory information and released to any person or organization without my prior written consent:
◻ Name ◻ Address
◻ Telephone listing ◻ Electronic mail address
◻ Date and place of birth ◻ Photograph
◻ Dates of attendance ◻ Grade level
◻ Honors and awards received ◻ Major field of study
◻ Enrollment status (e.g., part time or full time)
◻ Participation in officially recognized activities and sports
◻ Weight and height of members of athletic teams
◻ Most recent educational agency or institution attended
___________________________________ ________________________
(Parent/guardian signature) (Date)
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.
High School students in grades ten (10) through twelve (12), when proper licensure is obtained, will be able to register their vehicles if they intend to drive to school. Preference procedures for students obtaining a registration sticker will be set annually by the principal for each high school site.
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 RECORDS
NOTIFICATION TO NEW SCHOOL OF ATTENDANCE
OF RECORDS AVAILABLE AT PREVIOUS
SCHOOL OF ATTENDANCE
Dear Principal,
____________________________ has been attending District school(s) at ________________________, Arizona. Records available at our school contain information that should be helpful to your staff in developing an educational program. Our student education records policy permits forwarding copies of records to schools in which the student intends to enroll upon a formal request to receive them.
To expedite the transfer of the information, please review the enclosed Request for Student Education Records and check the records for which you are requesting a copy.
Return this form and the enclosed Request for Student Education Records to:
______________________________ ______________________________
(Records Custodian) (School District Name)
______________________________ ______________________________
(Date) (Address)
Enclosed: Request for Student Education Records
EXHIBIT
STUDENT AUTOMOBILE USE
AND PARKING
ACKNOWLEDGMENT CONCERNING USE OF
STUDENT PARKING LOTS
I acknowledge and understand that:
● StudentsA. Students are permitted to park on school premises as a matter of privilege, not of right.
● TheB. The District retains authority to conduct routine patrols of student parking lots and inspections of the
exteriors ofexteriors of student automobiles on school property.
● TheC. The District may inspect the interiors of student automobiles whenever a school authority has
reasonable suspicionreasonable suspicion to believe that illegal or unauthorized materials are contained inside the automobiles.
● SuchD. Such patrols and inspections may be conducted without notice, without student consent, and without a
search warrantsearch warrant.
● AE. A student who fails to provide access to the interior of the car upon request by a school official will be
subject tosubject to school disciplinary action.
● IfF. If the student fails to follow school policy and procedure related to use of vehicles, the vehicle may be
towed awaytowed away and stored, at the owner's expense.
____________________________________________ __________________
Signature of the
Student Date
____________________________________________ __________________
Signature of the Parent/
Guardian Date
____________________________________________ __________________
Signature of the Vehicle
Owner Date
Vehicle license number: ________________________
_
EXHIBIT
STUDENT RECORDS
REQUEST FOR STUDENT EDUCATION RECORDS
Copy to
student
file
________________________________ _________________________________
Name of Agency Address
Requester
________________________________ _________________________________
Name of Authorized Person Phone
____________________________________________________________________
Requested
from
________________________________ _________________________________
Name of Agency Address
____________________________________________________________________
Student
________________________________ _________________________________
Student Name Address
________________________________ _________________________________
Parent Name Address
_____________________ ______________________ _____________________
Previous School Address Dates Attended
____________________________________________________________________
◻ No information available about ◻ Need information to help
about previous school preparean educational program
◻ Need assistance in understanding for the student
Purpose for complex behavior and needs ◻ Need verification that the student
request has a disability
◻ Need evaluation information ◻ Other: ___________________
for immediate special ___________________
education placement ___________________
____________________________________________________________________
Permanent record data: ◻ Basic identifying data,
attendance data, and
academic data
General cumulative data: ◻ General administrative data
and results of group tests
Type of in-
formation Health data: ◻ General medical data and
requested reports
Specialized student data: ◻ Individualized evaluation records
and specialized reports
(including reports from outside
agencies)
Special education place- ◻ All records of placement if
ment records: special education
Suspension and/or expulsion ◻ All records of suspension and/
records: or expulsion
____________________________________________________________________
In making this request, the undersigned agrees that the information
Assurance received will be used only by the professional school staff members
statement who are assigned to work with the student in the educational program
and and will not be released to any other party without the prior written
signatures consent of the parent or eligible student.
__________________________ __________________________
Date Requested Authorized Signature
____________________________________________________________________
I, ____________________, as the parent of ___________________,
(Parent Name) (Student's Name)
Parental consent to the release of records listed above to the party named
consent above. I am aware of my rights to review the records and receive a
copy at my expense, if I so request.
__________________________ __________________________
Signature of Parent Date
(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.
● Arizona A. Arizona Revised Statutes (A.R.S.) 13-3825 and and 13-3826 require require the local law enforcement agency to notify the notify the community, including area schools, of the presence of a registered sex offender in the community when the when the offender has been determined by the agency to be a "level two" (medium risk) or "level three" (high risk) offender offender.
● AB. A.R.S. 8-350 directs directs the court to notify the District when a student attending a school in the District has been adjudicated been adjudicated delinquent for or convicted of and placed on probation for a dangerous offense or sexual conduct with conduct with a minor, sexual assault, molestation of a child, or continual sexual abuse of a child. Dangerous offense is is defined in in 8-350 as as "an offense involving the discharge, use or threatening exhibition of a deadly weapon or weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury on another person."
● AC. A.R.S. 13-3821 permits permits a juvenile court to require a juvenile who has been adjudicated delinquent for certain sex 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 permits a juvenile court to further require such juvenile registered sex offender to be subject to the Statethe 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:
● Measures A. Measures to disseminate information received from the local law enforcement agency to staff members, parents parents, guardians, or custodians when the District has been notified that a registered offender has moved into moved into the community. When in the judgment of the Superintendent it is determined to be appropriate, the measures the measures will include disseminating the information to students.
● Measures B. Measures to provide to teachers, parents, guardians, or custodians, upon request, information received by the District by the District under A.R.S. 8-350, regarding juveniles adjudicated delinquent of "dangerous offenses" or sex offenses.
Adopted: date of Manual adoption
sex offenses.
==================================================================
Optional language: The following elements are available for inclusion at the District's discretion.
C. District restrictions on and requirements of registered sex offenders.
D. Assessment, enrollment, placement, and oversight of students about whom an A.R.S. 8-350 notification has been received.
E. Student instruction in protective measures.
F. Prohibitions against harassment of individuals or acts of vigilantism based upon information received by the District.
Adopted: <-- 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
EXHIBIT
STUDENT RECORDS
RECORD OF ACCESS
(To be Placed Inside the Student's Record File.)
|
EXHIBIT
STUDENT RECORDS
DESTRUCTION OF INFORMATION
Date __________________
Dear (parent or guardian) ,
This is to advise you that District schools may destroy special education data and other information on a student who has been in a special education program whenever the student has been withdrawn, transferred, or graduated from the District for at least five (5) years or when the information is no longer needed to provide education services to
___________________________________
Student's Name
However, information contained in these records may be needed for other purposes, such as documentation for eligibility for Social Security benefits.
Before these records are destroyed, you have the right to review the records and obtain copies of any information. Please indicate your desire below and return this form to the School District before
___________________________________
Date
Sincerely,
________________________________________
Signature and Title of District Official
I ◻ Do ◻ Do Not wish to review the records of _____________________
______________________________________________________________
_____________________________________ _______________________
Parent's or Guardian's Signature Date
If you do not complete and return this form within ninety (90) days, records will be destroyed in accordance with established policy.
LEGAL REF.:
20 U.S.C. 1232(f)(a)
34 C.F.R. 80.42
EXHIBIT
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 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 1Adapted from The Stop Child Molestation Book, What Ordinary People Can Do In Their Everyday Lives to Save Three Million Children, Gene G. Abel, M.D, and Nora Harlow, authors.
EXHIBIT
STUDENT 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
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 places a high value on education and strongly urges students to do likewise. All students, therefore, are encouraged to continue with their educational program until graduation from high school.
The Board is aware that many students, for various reasons, seek employment during the school year. These students are reminded that school work and activities must not be neglected, nor shall such employment conflict with the school schedule.
Adopted: date of Manual adoption <-- z2AdoptionDate -->
Students shall be discouraged from collecting money, setting aside funds, or purchasing gifts for the school or for faculty members.
Gifts from groups of students to other student(s) shall be limited to small expressions of condolence, remembrance, or appreciation. Guidelines for such remembrances shall be established by the Superintendent.
Solicitations by or of students are to be governed by the following policies:
● StudentsA. Students shall not be solicited to purchase books or other merchandise, except for materials approved by
the Districtthe District for use in the classroom.
● SolicitationsB. Solicitations by students shall be limited to small contributions, i.e., expressions of condolence, remembrance,
oror appreciation. Guidelines for such solicitations shall be established by the Superintendent.
● NoC. No other solicitations shall be made by or of students during school hours or on school premises.
Adopted: date of 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:
October 14, 2014<-- 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
REGULATION
STUDENT FEES, FINES, AND CHARGES
(Tax Credit Contributions)
Pursuant to A.R.S. 43-1089.01, a taxpayer is allowed a credit for the amount of any fees or cash contributions made to a public school for the support of extracurricular activities or character education programs. Donations are limited to the amounts of two hundred dollars ($200) for a single individual or a head of household and four hundred dollars ($400) for a married couple filing a joint return. A contribution for which a credit is claimed and that is made on or before April 15 following the taxable year may be applied to either the preceding taxable year or to the current year.
"Extracurricular activities," as defined in A.R.S. 15-342 and A.R.S. 43-1089.01, are any optional, noncredit, educational, or recreational activities that supplement the education program of the school, whether offered before, during, or after regular school hours. They are school-sponsored activities that require enrolled students to pay a fee in order to participate. At least some monetary amount must be levied to participate in an extracurricular activity in order for the tax credit to be available. A blanket waiver of all activity fees would make the activity ineligible for the tax credit. Examples of extracurricular activities include paying fees for band uniforms, equipment or uniforms for varsity athletic activities, scientific laboratory materials, and in-state or out-of-state trips that are solely for competitive events. Extracurricular activities do not include any senior trips or events that are recreational, amusement, or tourist activities.
"Character education programs," as defined in A.R.S. 15-719, must include instruction in the definition and application of at least six (6) of the following character traits: truthfulness, responsibility, compassion, diligence, sincerity, trustworthiness, respect, attentiveness, obedience, orderliness, forgiveness, virtue, fairness, caring, citizenship, and integrity. The course of study for each grade, kindergarten through twelfth (K-12), may be developed by the District. Activities, discussions, and visual media and literary presentations should be used to illustrate and reinforce the application of the character traits, and presentations should be made by teachers or mentors who demonstrate the character traits.
Using forms prescribed by the Arizona Department of Revenue, a recipient school of any contribution must provide the following information to the Department by February 28 of each year:
A. The total number of fee and cash contribution payments received during the previous calendar year.
B. The total dollar amount of fees and contributions received during the previous calendar year.
C. The total dollar amount of fees and contributions spent by the school during the previous calendar calendar year, categorized by specific extracurricular activity or character education program.
In addition to this report to the Department, schools should issue a receipt to the taxpayer for any fees or cash contributions received. The receipt should include the public school name, school district name and number, taxpayer name and address, fees paid or amount contributed, date paid or contributed, and a description of the activity being supported.
The use of contributions that are not designated for a specific purpose shall be determined by the site council of the public school that receives the contributions. In the absence of a site council, the principal, director, or chief administrator of the school shall make the determination. If, at the end of a fiscal year, there remain any unspent contributions that were previously designated for a specific purpose or program, and that purpose or program has been discontinued or has not been used for two (2) consecutive fiscal years, these contributions shall be considered undesignated in the following fiscal year.
GUIDELINES FOR THE PUBLIC SCHOOL EXTRACURRICULAR ACTIVITY (ECA) TAX CREDIT - AZDOR Link: http://www.azdor.gov/LinkClick.aspx?fileticket=7tg5M2-Lvpw%3D&tabid=
REGULATION
STUDENT SAFETY
The District is committed to the establishment of school crossings at each elementary school, as appropriate. The District will work in conjunction with the city to establish these crossings. All possible efforts will be made to ensure that necessary school crossings and "Safe Route to School" plans have been requested and put in place before the opening of a new school.
The principal shall request consideration to District administration for the establishment of school crossings. District administration will make request to the city or county traffic control agencies as appropriate. Parents and patrons are encouraged to report dangerous school crossing situations to the principal.
It is the responsibility of site administration to ensure that appropriate portable crossing signs, approved by the Arizona Department of Transportation, be placed at all schools as required by state and federal law. It is the responsibility of each school principal to see that such crossing signs are maintained when school is in session and are removed at the end of each school day as per state and local statute.
REGULATION
STUDENT SAFETY
Pool safety regulations will be implemented at all District pool sites, current or future, and for District authorized pool usage. District authorized pool usage are those functions where the District is overseeing the activity, including but not limited to classroom activities, athletic practices and Arizona Interscholastic Association Events.
● The users will be monitored by at least one (1) primary responder who has been certified by a nationally recognized Lifeguard certification agency.
● The users will be monitored by additional secondary responders who have been trained in cardiopulmonary resuscitation (CPR), automated external defibrillator (AED) usage, and general pool safety. The overall ratio of primary and secondary responders to pool users will not exceed one to fifty (1:50) responders to users. If the bather load is more than one hundred fifty (150), the District will add one (1) additional primary responder who has been certified by a nationally recognized lifeguard certification agency.
● Use of any diving well or diving apparatus will be monitored by a dedicated primary or secondary responder.
● All responders will have access to, and training on, usage of all lifesaving equipment used by the city in the operation of their public pool. Examples would include backboards, floatation devices, guard chairs, and extension retrieval equipment. The District shall provide any additional equipment it deems necessary to implement its operational, emergency communication and action plans.
● Each site will develop an emergency communication and action plan, in conjunction with the trained medical staff (e.g., nurses, athletic trainers) at the site/school to handle any severe or life-threatening situations. The site shall file a copy of the emergency communication and action plan with the city.
● Before using the pool all swimmers will be trained by District personnel on pool safety rules, as well as the emergency communication and action plan.
● The water slide, when available, will not be used during District authorized pool usage.
Required student records (regular and special education) will be prepared in a manner consistent with State state and federal laws, the requirements of the Arizona Uniform System of Financial Records (USFR) and those of the Arizona Department of Libraries, Archives and Public Records. Retention periods and disposition of records shall be as specified in the USFR, the Arizona Department of Library Archives and Public Records and relevant federal statutes and regulations.
The District will comply with the provisions of the Family Educational Rights and Privacy Act (FERPA) and the Individuals with Disabilities Education Act (IDEA), the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT ACT), and the No Child Left Behind Every Student Succeeds Act of 2001 2015 (NCLBESSA) in the establishment, maintenance, correction, and disposition of student records.
The Board directs the Superintendent to establish procedures for such compliance, including informing parents, students, and the public of the contents. The Superintendent will implement procedures as required by law and will establish procedures for dealing with violations.
If a parent or eligible student believes that the District is violating the FERPA, that person has a right to file a complaint with the U.S. Department of Education. The address is:
The Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-4605
Telephone number: (202) 260-3887
In adopting this policy it is the intent of the Board that the policy and related procedures be implemented immediately. Copies of the policy and procedures will be available for parent and eligible student review in the District office.
Confidentiality
The right to inspect and review education records and the release of or access to such records, other information, or instructional materials will be consistent with federal law in the Family Educational Rights and Privacy Act, Title 20, United States Code, sections 1232g and 1232h, the USA PATRIOT ACT, NCLB, ESSA and with federal regulations issued pursuant to such act.
Annual Notification
Within the first three (3) weeks of each school year, the District will publish in a District communication a notice to parents and eligible students of their rights under the FERPA and this procedure. This notice will also be provided to each parent of new students enrolling after school begins [34 C.F.R. 99.7]. The District will arrange to provide translation of the notice to non-English-speaking parents in their native language or mode of communication [34 C.F.R. 300.9]. The notice shall inform the parents of:
● The A. The right of the parent or an eligible student to inspect and review the student's education records.
● The B. The intent of the District to limit the disclosure of personally identifiable information contained in a student's education s education records, including disciplinary records, except by the prior written consent of the parent or eligible student eligible student or under certain limited circumstances as permitted by the FERPA, the USA PATRIOT Act or the NCLB Actthe ESSA.
● The C. The right of the parent or eligible student to seek to correct parts of the school education records that the student the student or the parent believes to be inaccurate, misleading, or in violation of student rights. This right includes right includes the right to a hearing to present evidence that the record should be changed if the District decides District decides not to alter it according to the parent's or eligible student's request.
● The D. The right of the parent or eligible student to file a complaint with the U.S. Department of Education if they believe they believe the District has violated the FERPA.
Parents and eligible students have the following rights under the Family Educational Rights and Privacy Act (FERPA) and this procedure [34 C.F.R. 99.7 and 300.613]. The notice shall also include:
● The A. The procedure for exercising the right to inspect and review education records.
● The B. The procedure for requesting amendments of education records that the parent or eligible student believe student believe to be inaccurate, misleading or otherwise a violation of the student's privacy rights.
● The C. The conditions when prior consent is not required, the criteria for determining who constitutes a school official school official and what constitutes a legitimate educational interest.
If the School District permits the release of directory information relating to pupils, the information shall be released on or before October 31 of each year. The Superintendent shall develop procedures to communicate to students and their parents in a timely manner information relating to access to the Arizona Department of Education form which is designed to allow pupils to request that directory information not be released pursuant to the Elementary and Secondary Education Act (ESEA) as reauthorized by the No Child Left Behind (NCLB) Act of 2001Every Student Succeeds Act of 2015 (ESSA).
Adopted: July 12, 2012 <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-141
15-142
15-828
15-829
4125-1346et seq403.06
41-1354
44-1373
10 U.S.C. 503
20 U.S.C. 1232
20 U.S.C. 1400 et seq., Individuals with Disabilities Education Act
20 U.S.C. 6301 et seq., Every Student Succeeds Act of 2015
20 U.S.C. 7908
34 C.F.R. 300
CROSS REF.:
IHB - Special Instructional Programs
JF - Student Admissions
JFAB - Admission of Nonresident Students
JLH - Missing Students
JRCA - Request for Transfer of Records
REGULATION
STUDENT RECORDS
This procedure is designed to meet the provisions of the Family Educational Rights and Privacy Act (FERPA) and the Individuals with Disabilities in Education Act (IDEA). All personnel in the District are expected to fulfill the requirements of policy and the following procedures in order to protect the confidentiality of personally identifiable information at collection, storage, disclosure, and destruction stages [34 C.F.R. 300.612].
The Superintendent has the responsibility for ensuring the confidentiality of any personally identifiable information [34 C.F.R. 300.612].
All rights and protections given parents under the FERPA and this procedure transfer to the student upon reaching age eighteen (18) except where the student continues as a dependent under specified circumstances, or enrolling in a postsecondary school. The student then becomes an "eligible student" [34 C.F.R. 99.5 and 300.625].
Definitions
For the purpose of the procedure, the District has used the following definitions of terms:
A.
StudentStudent - Any person who attends or has attended a program of instruction sponsored by the District and for whom the District maintains education records.
B. Eligible
studentstudent - A student who has reached age eighteen (18) or is attending a postsecondary school.
C.
ParentParent - Either the natural parent of a student, unless the parent's rights under the FERPA have been removed by a court order, statute, or other legal document, or a guardian, or an individual acting as a parent or guardian in the absence of the student's parent or guardian. The District may presume that the parent has the authority to inspect and review education records relating to his or her child unless the District has been advised that the parent does not have authority under applicable law.
D. Education
recordsrecords - Any information directly related to a student recorded in any way including, but not limited to, handwriting, print, computer media, video or audio tape, film, microfilm or microfiche, that is maintained by the District, an employee of the District, or any agent of the District except:
1. Personal records kept by an employee of the District that meets the following tests:
a. It is used only as a personal memory aid.
b. It is kept in the personal possession of the individual who made it.
c. It is not accessible and has never been revealed to any other person except the employee's temporary substitute.
2. Medical treatment records maintained for "eligible students."
3. Records collected and maintained by a law enforcement unit of the school.
4. Records containing only information about a person after that individual is no longer a student in the District.
5. An employment record that is used only in relation to a student's employment by the District. (Employment for this purpose does not include activities for which a student receives a grade or credit in a course.)
6. Related alumni records after the student no longer attends classes provided by the District, and the records do not relate to the person as a student.
E. Personally identifiable
informationinformation - Any data or information that makes the subject of a record known. This includes the student's name, the name(s) of the student's parent(s) or other family member(s), the student's address, the student's Social Security number, a student number, a list of personal characteristics, or other information that would make the student's identity easily traceable.
F. Signed and dated written consent - May include a record and signature in electronic form that:
1. Identifies and authenticates a particular person as the source of the electronic consent.
2. Indicates such person's approval of the information contained in the electronic consent.
Locations of Education Records
A list of types and locations of education records collected, maintained, or used will be provided to the parents on request [34 C.F.R. 300.616]. See Exhibit JR-EA.
Procedure to Inspect
Education Records
Parents of a student, the designated representative of the parents, and an eligible student may inspect and review the student's education records that are collected, maintained, or used by the District [34 C.F.R. 300.501]. In some circumstances it may be mutually more convenient for the record custodian to provide copies of records. Charges for the copies of records will be costs of copying unless the fee would effectively prevent the parent from exercising rights to inspect and review those records [34 C.F.R. 300.613 and 300.617].
Since a student's records may be maintained in several locations, the school principal will offer to collect copies of records or the records themselves from locations other than a student's school so they may be inspected at one (1) site. However, if parents and eligible students wish to inspect records where they are maintained, the school's principal will make every effort to accommodate their wishes.
Parents, the designated representative of the parents, or the eligible student should submit to the student's school principal a signed and dated written request that identifies as precisely as possible the record or records wanted for inspection. The District will respond to any request without unnecessary delay before any meeting regarding any individual education program or hearing relating to the identification, evaluation, placement of a student, or the provision of a free appropriate public education, and in no case more than forty-five (45) days after the request has been made [34 C.F.R. 300.613
and 99and 99.10]. See Exhibit JR-ED.
The principal, or other education records custodian, will contact the parent of the student or the eligible student to discuss how access will be best arranged (e.g., copies, at the exact location, or records brought to a single site).
Parents have the right, upon reasonable request, for explanations and interpretations of the information contained in the records and a right to request copies of the records containing the information, if not in violation of stated policy of FERPA. Parents have the right to have a representative of the parent to inspect and review the records [34 C.F.R. 300.613 and 99.10].
The principal, or other education records custodian, will make the needed arrangements as promptly as possible and notify the parent or eligible student of the time and place where the records may be inspected. This procedure must be completed in forty-five (45) days or less after receipt of the request for access [34 C.F.R. 300.613].
If for any valid reason, such as working hours, distance between record location sites, or health, the parent or eligible student cannot personally inspect and review a student's education records, the District will arrange for the parent or eligible student to obtain copies of the record. See below for information regarding fees for copies of records [34 C.F.R. 300.613 and 99.10].
When a record contains information about students other than a parent's child or the eligible student, the parent or eligible student may not inspect and review the records of the other students [34 C.F.R. 300.615, 99.5 and 99.12].
Fees for Copies of Records
All records subject to disclosure under this procedure shall be available for inspection free of charge. If copies are desired, they shall be furnished by the District to the parent or eligible student on request and free of charge. Additional copies may be sent to other schools or agencies without charge. However, the District reserves the right to charge up to thirty-five cents (35¢) per page for multiple or excessive requests. Copies of available records shall be produced as promptly as possible upon receipt of the request. No fee will be charged for search and retrieval of records [34 C.F.R. 300.617 and 99.11].
The District will provide copies of records:
A. When the refusal to provide copies effectively denies access to the records by the parent or eligible student [34 C.F.R. 300.617].
B. At the request of the parent or eligible student, when the District has provided the records to third parties by the prior consent of the parent or eligible student.
C. At the request of the parent or eligible student when the District has forwarded the records to another school where the student seeks or intends to enroll.
Directory Information
The District designates the following personally identifiable information contained in a student's education records as "directory information" and may disclose that information without prior written consent [20 U.S.C. 1232g(a)(5)(A)]:
A. The student's name.
B. The student's address.
C. The student's telephone listing.
D. The student's date and place of birth.
E. The student's electronic mail address.
F. The student's photograph.
G. The student's grade level.
H. The student's major field of study.
I. The student's dates of attendance.
J. The student's enrollment status (e.g., part time or full time).
K. The student's participation in officially recognized activities and sports.
L. The student's weight and height if a member of an athletic team.
M. The student's honors and awards received.
N. The student's most recently attended educational agency or institution.
Within the first three (3) weeks of each school year the District will publish in a District communication or send home with each student the above list, or a revised list, of the items of directory information designated as directory information. For a student who enrolls after the notice is published, the list will be given to the parent or eligible student at the time and place of enrollment. See Exhibit JR-EB.
After the parents or eligible student have been notified, they will have two (2) weeks to advise the District in writing (a letter to the Superintendent's office) of any or all of the items they refuse to permit the District to designate as directory information about that student.
According to state and federal law if the Governing Board permits the release of directory information relating to students to persons or organizations who inform students of educational or occupational opportunities, then the Governing Board shall provide access to directory information on the same basis to military official recruiting representatives for the purpose of informing students of educational and occupational opportunities available to them. Directory information shall be released on or before October 31 of each year unless the parent or eligible student requests in writing to the District (a letter to the Superintendent's office within two [2] weeks after notification) not to release directory information to any person or organization without prior signed and dated written consent. The District shall distribute a form, separate from any other form, designed and provided to districts by the Arizona Department of Education allowing pupils to request that directory information not be released. If the District distributes materials to pupils through electronic communication or on an internet website, the form may be distributed in the same manner. A person who is wrongfully denied access to directory information or access to school buildings, school grounds or other property may notify the Department of Education, which shall report the alleged violation to the United States Department of Education. If the parent or eligible student refuses to allow the release of directory information without prior signed and dated written consent, then the District will not provide military recruiters, upon request, directory information containing the student's name, addresses and telephone listings.
At the end of the two (2)-week period, if the parent or eligible student has not returned the form indicating refusal to allow the release of directory information, the District will assume it has their permission to release the above-mentioned information. This designation will remain in effect until it is modified by the prior signed and dated written direction of the parent or eligible student. The student's records will be appropriately marked by the records custodian to ensure compliance with the parents' or eligible student's request.
Use of Student Education
Records
To carry out their responsibilities, school officials will have access to student education records for legitimate educational purposes. The District will use the following criteria to determine who are school officials [34 C.F.R. 99.31]:
A. A person duly elected to the Board (under limited circumstances).
B. A person certificated by the state and appointed by the Board to an administrative or supervisory position.
C. A person certificated by the state and under contract to the Board as an instructor.
D. A person employed by the Board as a temporary substitute for administrative, supervisory, or instructional personnel for the period of such performance as a substitute.
E. A person employed by or under contract to the Board to perform a special task, such as a secretary, a clerk, the Board attorney, or auditor, for the period of such performance as an employee or contractor.
District officials who meet the criteria listed above will have access to a student's records if they have a legitimate educational interest in doing so [34 C.F.R. 99.32]. A "legitimate educational interest" is the person's need to know in order to:
A. Perform an administrative task required in the school employee's position description approved by the Board.
B. Perform a supervisory or instructional task directly related to the student's education.
C. Perform a service or benefit for the student or the student's family, such as health care, counseling, student job placement, or student financial aid.
Records of students placed in special educational programs will be under the direct supervision of the program administration. All persons collecting or using personally identifiable information in records of students determined to be a student with a disability will receive training or instruction regarding Arizona's policies and procedures for the protection of these records at the collection, storage, disclosure, and destruction stages in accordance with FERPA and IDEA [34 C.F.R. 300.623].
The District will maintain for public inspection a current listing of the names and positions of employees who have access to personally identifiable information maintained on students placed in special education [34 C.F.R. 300.623]. When the information maintained in these records is no longer needed to provide educational services to the student, the District will notify the parents of their right to have the personally identifiable information destroyed [34 C.F.R. 300.624]. However, a permanent record of a student's name, address, phone number, grades, attendance record, classes attended, grade level completed, and year completed will be maintained [34 C.F.R. 300.624]. Destruction of records will be accomplished in accordance with the requirements of Arizona law and regulations of the Department of Library, Archives, and Public Records [34 C.F.R. 300.623].
The District will release information from or permit access to a student's education records only with a parent's or eligible student's prior signed and dated written consent, except that the Superintendent or a person designated in writing by the Superintendent may permit disclosure [34 C.F.R. 99.30, 99.31, 99.34, and 99.37]:
A. When a student seeks or intends to enroll in another school district or a postsecondary school the District will not further notify parents or eligible students prior to such a transfer of records. Parents and student have a right to obtain copies of records transferred under this provision. See Exhibit JR-EC.
B. When certain federal and state officials need information in order to audit or enforce legal conditions related to federally supported education programs in the District.
C. To parties who provide or may provide financial aid to a student to:
1. Establish the student's eligibility for the aid.
2. Determine the amount of financial aid.
3. Establish the conditions for the receipt of the financial aid.
4. Enforce the agreement between the provider and the receiver of financial aid.
D. If a state law adopted before November 19, 1974, required certain specific items of information to be disclosed in personally identifiable form from student records to state or local officials.
E. If a state law adopted before November 19, 1974, required certain specific items of information to be disclosed in personally identifiable form from student records to state or local officials of the juvenile justice system and the officials certify in writing that the information will not be disclosed to any other party, except as provided under state law, without prior signed and dated written consent of the parent or the eligible student.
F. When the District has entered into a written agreement or contract for an organization to conduct studies on the District's behalf to develop tests, administer student aid, or improve instruction.
G. To accrediting organizations to carry out their accrediting functions.
H. To parents of an eligible student if the parents claim the student as a dependent as defined by the Internal Revenue Code of 1954.
I. To comply with a judicial order or lawfully issued subpoena. The District will make a reasonable effort to notify the parent or the eligible student before making a disclosure under this provision unless directed otherwise by a court of competent jurisdiction.
J. To comply with an ex parte order from a court of competent jurisdiction requiring the District to permit the U.S. Attorney General or U.S. Attorney General's designee to collect education records in the possession of the District that are relevant to an authorized investigation or prosecution of an offense listed in 18 U.S.C. 2332b(g)(5)(B) for an act of domestic or international terrorism as defined in 18 U.S.C. 2331. An ex
parte orderparte order is an order issued by a court of competent jurisdiction without notice to the adverse party. A disclosure pursuant to an ex parte order will not be recorded as a disclosure of information from a student's education records by the District.
K. If the District initiates legal action against a parent or student, the District may disclose to the court, without a court order or subpoena, the education records of the student that are relevant for the District to proceed with the legal action.
L. If a parent or eligible student initiates legal action against the District, the District may, without a court order or subpoena, disclose the student's education records that are relevant for the District to defend itself.
M. To comply with the request of authorized law enforcement officials conducting an investigation of acts of terrorism.
N. The disclosure is in connection with a health or safety emergency. Time is an important and limiting factor in determining whether the disclosure is in connection with a health or safety emergency. The District will permit any school official to make the needed disclosure from student education records in a health or safety emergency if:
1. The official deems the disclosure is warranted by the seriousness of the threat to the health or safety of the student or other persons.
2. The information is necessary and needed to address the emergency.
3. The persons to whom the information is to be disclosed are qualified and in a position to deal with the emergency.
O. The District may release student attendance, disciplinary, and other education records to a law enforcement agency and county attorney pursuant to an intergovernmental agreement between the District, the law enforcement agency, the county attorney, and other state, local, or tribal government agencies to create a local or tribal juvenile justice network for the purpose of:
1. providing appropriate programs and services to intervene with juveniles currently involved in the juvenile justice system.
2. providing appropriate programs and services designed to deter at-risk juveniles from dropping out of school or other delinquent behavior.
3. increasing the safety and security of the community and its children by reducing juvenile crime.
P. Education records provided pursuant to an intergovernmental agreement entered into in accord with the above provisions shall be used solely for the purposes of the agreement and shall not be disclosed to any other party, except as provided by law.
A District school official may release information from a student's education records, other than directory information, to a third party if the parent or the eligible student gives prior signed and dated written consent for the disclosure and the third party agrees that the information will not be disclosed to any other party without the prior consent of the parent or eligible student. The signed and dated written consent must include at least:
A. A specification of the records to be released.
B. The reasons for the disclosure.
C. The person or the organization or the class of persons or organizations to whom the disclosure is to be made.
D. The signature of the parent or eligible student.
E. The date of the consent and, if appropriate, a date when the consent is to be terminated.
The parent or the eligible student may obtain a copy of any records disclosed under this provision, unless otherwise provided.
Records of Requests for Access
and Disclosures Made from
Education Records
The District will maintain an accurate record of all requests for it to disclose information from or to permit access to a student's education records, and of information it discloses and access it permits, with some exceptions as listed below. This record will be kept with, but will not be a part of, each student's cumulative school records. It will be available only to the record custodian, the eligible student, the parent of the student, or to federal, state, or local officials for the purpose of auditing or enforcing federally supported educational programs [34 C.F.R. 99.32]. See Exhibit JR-EE.
The record will include at least:
A. The name of the person, organization or agency that made the request.
B. The interest the person, organization or agency had in the information.
C. The date the person, organization or agency made the request.
D. Whether the request was granted and, if it was, the date access was permitted or the disclosure was made.
The District will maintain this record as long as it maintains the student's education records. The record will not include requests for access or access granted to:
A. the parent or eligible student,
B. authorized law enforcement officials conducting an investigation of acts of terrorism,
C. school officials who have a legitimate educational interest in the student,
D. requests for or disclosures of information contained in the student's education records if the request is accompanied by or authorized by the prior signed and dated written consent of the parent or eligible student, or
E. for requests for or disclosures of directory information designated for that student.
Procedures to Seek to Correct
Education Records
[34 C.F.R. 99.20 and 99.21]
Parents of students and eligible students have a right to seek to change any part of the student's record they believe is inaccurate, misleading, or in violation of student rights [34 C.F.R. 300.618 and 99.20]. (Note: Under the FERPA, the District may decline to consider a request to change the grade a teacher assigns for a course.)
For the purpose of outlining the procedure to seek to correct education records, the term
incorrect willincorrect will be used to describe a record that is inaccurate, misleading, or in violation of student rights. The term
correct willcorrect will be used to describe a record that is accurate, not misleading, and not in violation of student rights. Also, in this section, the
term requester willterm requester will be used to describe the parent of a student or the eligible student who is asking the District to correct a record.
To establish an orderly process to review and correct education records for a requester, the District may make a decision to comply with the request for change at several levels in the procedure [34 C.F.R. 300.618 and 99.20].
First-level decision.
AA parent of a student or an eligible student who finds an item in the student's education records that appears to be inaccurate, misleading, or in violation of student rights should immediately ask the record custodian to correct it. If the record is incorrect because of an obvious error and it is a simple matter to make the record change at this level, the record custodian will make the correction. However, if the record is changed at this level, the method and result must satisfy the requester.
If the custodian cannot change the record to the requester's satisfaction or the record does not appear to be obviously incorrect, the custodian will:
A. Provide the requester a copy of the questioned record at no cost.
B. Ask the requester to initiate a written request for the change.
C. Follow the procedure for a second-level decision.
Second-level decision.
TheThe written request to correct a student's education records through the procedure at this level should specify the correction the requester wishes the District to make. It should at least identify the item thought to be incorrect and state whether the requester believes the item:
A. Is inaccurate and why,
B. Is misleading and why, or
C. Violates student rights and why.
The request will be dated and signed by the requester.
Within two (2) weeks after receiving a written request, the record custodian will study the request, discuss it with other school officials (the person who made the record or those who may have a professional concern about the District's response to the request), make a decision to comply or decline to comply with the request, and complete the appropriate steps to notify the requester or move the request to the next level for a decision.
If, as a result of this review and discussion, a decision is reached that the record should be corrected, the record custodian will affect the change and notify the requester, in writing, of that action. Each such notice will include an invitation for the requester to inspect and review the student's education records to make certain the record is in order and the correction is satisfactory.
If a decision is reached that the record is correct, the custodian will make a written summary of any discussions with other officials and of the findings in the matter. This summary and a copy of the written request will be transmitted to the Superintendent.
Third-level decision.
TheThe Superintendent will review the material provided by the record custodian and, if necessary, discuss the matter with other officials such as the school attorney or the Board (in executive session unless otherwise requested by parent[s]). The Superintendent will then make a decision concerning the request and complete the steps at this decision level. Ordinarily, this level of the procedure should be completed within two (2) weeks. If it will take longer, the Superintendent will notify the requester in writing of the reasons for the delay and a date when the decision will be made.
If the Superintendent decides the record is incorrect and should be changed, the record custodian will be advised to make the changes. The record custodian will advise the requester of the change.
If the Superintendent decides the record is correct, a letter to the requester will be prepared that will include [34 C.F.R. 300.619 and 99.20]:
A. The District's decision that the record is correct and the basis for the decision.
B. A notice to the requester explaining the requester's right to ask for a hearing to present evidence that the record is incorrect and that the District will grant such a hearing.
C. Instructions for the requester to contact the Superintendent to discuss acceptable hearing officers, convenient times, and a satisfactory site for the hearing. (The District will not be bound by the requester's positions on these items but will, as far as possible, arrange the hearing as the requester wishes.)
D. Advice that the requester may be represented or assisted in the hearing by other parties, including an attorney, at the requester's expense.
Fourth-level decision.
AfterAfter the requester has submitted (orally or in writing) any wishes concerning the hearing officer and the time and place for the hearing, the Superintendent will,
within onewithin one (1) week, notify the requester when and where the District will hold the hearing and whom it has designated as the hearing officer [34 C.F.R. 300.621, 99.21, 99.22, and 99.34].
At the hearing, the hearing officer will provide the requester a full and reasonable opportunity to present material evidence and testimony to demonstrate that the questioned part of the student's education records is incorrect as shown in the requester's written request for a change in the record (second level).
Within one (1) week after the hearing, the hearing officer will submit to the Superintendent a written summary of the evidence submitted at the hearing. Along with the summary, the hearing officer will submit recommendations, based solely on the evidence presented at the hearing, that the record should be changed or should remain unchanged.
The Superintendent will prepare the District's decision within two (2) weeks after the hearing. That decision will be based on the summary of the evidence presented at the hearing and on the hearing officer's recommendation. However, the District's decision will be based solely on the evidence presented at the hearing. Therefore, the Superintendent may overrule the hearing officer if the hearing officer's recommendation is deemed inconsistent with the evidence presented. As a result of the District's decision, the Superintendent will take one (1) of the following actions:
A. If the decision is that the District will change the record, the Superintendent will instruct the record custodian to correct the record. The record custodian will correct the record and notify the requester as at the second-level decision [34 C.F.R. 300.620 and 99.21].
B. If the decision is that the District will not change the record, the Superintendent will prepare a written notice to the requester that will include [34 C.F.R. 300.620 and 99.21]:
1. The District's decision that the record is correct and will not be changed.
2. A copy of a summary of the evidence presented at the hearing and a written statement of the reasons for the District's decision.
3. Advice to the requester that an explanatory statement may be placed in the student's education records stating the reasons for disagreement with the District's decision and/or the reasons for believing the record to be incorrect.
Final administrative step in the procedure.
WhenWhen the District receives an explanatory statement from a requester after a hearing, it will maintain that statement as part of the student's
education recordseducation records as long as it maintains the questioned part of the record. The statement will be attached to the questioned part of the record and whenever the questioned part of the record is disclosed the explanatory statement will also be disclosed [34 C.F.R. 300.620 and 99.21].
Annual Notification to Parents Regarding
Confidentiality of Student Education
Records [34 C.F.R. 300.612]
Dear Parent:
The Family Educational Rights and Privacy Act (FERPA) affords parents and students over 18 years of age ("eligible students") certain rights with respect to the student's education records. The Governing Board has established written policies regarding the collection, storage, retrieval, release, use, and transfer of student educational information collected and maintained pertinent to the education of all students to ensure the confidentiality of the information and to guarantee parents' and students' rights to privacy. These policies and procedures are in compliance with:
The Family Education Rights and Privacy Act; Title 20, United States Code, Sections 1232g and 1232h; and the Federal Regulations (34 C.F.R., Part 99) issued pursuant to such act;
Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT ACT);
Every Student Succeeds Act of 2015 (ESSA);
The Individuals with Disabilities in Education Act; 20 U.S.C. Chapter 33; and the Federal Regulations (34 C.F.R. Part 300); and
Arizona Revised Statutes, Title 15, sections 141 and 142.
Student education records are collected and maintained to help in the instruction, guidance, and educational progress of the student, to provide information to parents and staff members, to provide a basis for the evaluation and improvement of school programs, and for legitimate educational research. The students' records maintained by the District may include - but are not necessarily limited to, identifying data, report cards and transcripts of academic work completed, standardized achievement test scores, attendance data, reports of psychological testing, health data, teacher or counselor observations, and verified reports of serious or recurrent behavior patterns.
These records are maintained in the office of the District under the supervision of the school administrator and are available only to the teachers and staff members working with the student. Upon request, the District discloses education records, including disciplinary records, without consent to officials of another school district in which a student seeks or intends to enroll. Otherwise, records are not released to most agencies, persons or organizations without prior signed and dated written consent of the parent [34 C.F.R. 99.7]. The signed and dated written consent may be in electronic form under certain conditions [34 C.F.R. 99.30].
You shall be informed when personally identifiable information collected, maintained, or used is no longer needed to provide educational services to your child. The information must be maintained for two (2) years after the date your child was last enrolled in this school district.
You have the right to inspect and review any and all records related to your child within forty-five (45) days of the day of receiving a request for access, including a listing of persons or organizations who have reviewed or have received copies of the information [34 C.F.R. 99.7]. Parents who wish to review their children's records should contact the principal for an appointment or submit to the principal a written request that identifies the record(s) you wish to inspect. District personnel will make arrangements for access and notify you of the time and place where the records may be inspected. District personnel will be available to explain the contents of the records to you. Copies of student education records will be made available to parents when it is not practicable for you to inspect and review the records at the school. Charges for the copies of records will be costs of copying unless the fee prevents the parent from exercising rights to inspect and review those records.
You have the right to request that an amendment be made to the student's education records and to add comments of your own if you believe information in the record file is inaccurate or misleading [34 C.F.R. 99.7(a)(1)]. You should write the principal, clearly identify the part of the record you want changed, and specify why it is inaccurate or misleading. If the District decides not to amend the record as requested by you, the District will notify you of the decision and advise you of the right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to you when notified of the right to a hearing.
You have the right to consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that FERPA authorizes disclosure without consent. One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. A school official is a person employed by the District as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the School Board; a person or company with whom the District has contracted to perform a special task (such as an attorney, auditor, medical consultant, or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.
Copies of the District student education records confidentiality policies and procedures may be reviewed in the assigned office in each school [34 C.F.R. 99.7]. You have the right to file a complaint with the Family Educational Rights and Privacy Act Office in Washington, D.C., concerning alleged failures by the District to comply with the requirements of FERPA [34 C.F.R. 99.7]. The name and address of the Office that administers FERPA are:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-4605
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 -->
LEGAL REF.:
A.R.S.
15-141
15-828
15-829
41-1354
20 U.S.C. 1232
REGULATION
REQUEST FOR TRANSFER
OF RECORDS
Requesting Records of
Transfer Students
Upon enrollment of a transfer student from a private school or from another public school, the principal shall request that the student's parent or guardian (or an emancipated student) authorize consent for the request for the student's education records on form JR-ED.
Within five (5) school days after enrolling a transfer student from a private school or from another public school, the principal shall request, directly from the student's previous school, a certified copy of the student's record.
Responding to Requests
for Student Records
Upon receiving a request for the records of a student who has withdrawn from school, the principal shall comply and forward the record within ten (10) days after receipt of the request, unless:
A. The record has been flagged pursuant to A.R.S. 15-829, in which case the record shall not be forwarded and law enforcement officials shall be notified.
B. The request does not conform to the requirements related to proper release of records by an emancipated student or parent.
Until June 30, 2018 or extension by the Arizona legislature, if a pupil is enrolled in a school district and that pupil also participates in Arizona online instruction, the pupil's school shall release a copy of the pupil's transcript to the online course provider within ten (10) days after a valid request to release the pupil's transcript. If the online course provider does not receive the pupil's transcript, after ten (10) days the online course provider shall notify the pupil's School District that the online course provider has not received the transcript and the pupil's transcript shall be released to the online course provider within ten (10) days. Non-compliance may result in a penalty assessed for each day of violation per A.R.S. 15-701.01.
The penalty prescribed immediately above does not apply to requests that would violate the Family Educational Rights and Privacy Act of 1974 (20 United States Code section 1232g).
The Superintendent shall establish procedures for selection of school photographers and collection of funds for school pictures.
In any circumstance where an agreement or arrangement for school photography requires prepayment by students prior to the receipt of services and products, the photography company shall provide a copy of a current commercial performance bond in an amount not less than the total projected receipts to be collected from students.
Adopted: date of Manual adoption <-- z2AdoptionDate -->
REGULATION
STUDENT PHOTOGRAPHS
School pictures may be taken for individual or school purposes.
Offers for photography services will be solicited through a Request for Proposal process. Evaluation criteria may include but is not limited to the following:
● AbilityThe selection of a school picture photographer shall be considered annually by the Board. Specifications for photographic products and services must be drafted to serve as a standard for proposals that shall be solicited from qualified studios or individuals. Proposals shall be solicited from qualified persons. Proposals shall be evaluated according to the following criteria:
A. Ability to provide required services in a timely manner.
● Quality B. Quality of service and products.
● Reliability.
● Experience C. Reliability of contractor.
D. Contractor experience and reputation.
● Cost.
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 biometric information, i.e., noninvasive electronic measurement of physical characteristics of a person used to electronically identify that person, may be collected by a school only after the following requirements have been satisfied:
● WrittenA. Written notice to the parents or guardians of the students of the intent to collect biometric information.
■ Provided1. Provided to the parents or guardians not less than thirty (30) days prior to commencing
collection ofcollection of the information.
■ Shall2. Shall include a statement that the parent or guardian must give written permission to collect
the informationthe information.
⇒The statement shall be printed in not less than eighteen (18) point boldface type.
The Superintendent may develop regulations for determining the type of student biometric information to be collected, and for assuring that the requisite notice, the receipt and validation of parent and guardian permission, and the collection and use of student biometric information are appropriately accomplished.
Adopted: date of Manual adoption <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-109
CROSS REF.:
JLCA - Physical Examinations of Students
JR - Student Records
LC - Relations with Education Research Agencies
Student surveys will be prepared, administered, retained, and communicated to parents and students in a manner consistent with state and federal laws. The requirements of the Arizona Revised Statutes shall be as specified in the relevant statutes and subsequent regulations.
The District will comply with all statutes pertaining to surveys including the requirement that notwithstanding any other law, each school district and charter school shall obtain written informed consent from the parent of a pupil before administering any survey that is retained by a school district, a charter school or the department of education for longer than one (1) year and that solicits personal information about the pupil regarding a number any of characteristics the following which are listed in the statute A.R.S. 15-117.
1. Critical appraisals of another person with whom a pupil has a close relationship.
2. Gun or ammunition ownership.
3. Illegal, antisocial or self-incriminating behavior.
4. Income or other financial information.
5. Legally recognized privileged or analogous relationships, such as relationships with a lawyer, physician or member of the clergy.
6. Medical history or medical information.
7. Mental health history or mental health information.
8. Political affiliations, opinions or beliefs.
9. Pupil biometric information.
10. The quality of home interpersonal relationships.
11. Religious practices, affiliations or beliefs.
12. Self-sufficiency as it pertains to emergency, disaster and essential services interruption planning.
13. Sexual behavior or attitudes.
14. Voting history.
A parent of a pupil that has a reasonable belief that a school district or charter school has violated this section may file a complaint with the attorney general or the county attorney for the county in which an alleged violation of this section occurred. The attorney general or the county attorney for the county in which an alleged violation of this section occurred may initiate a suit in the superior court in the county in which the school district or charter school is located for the purpose of complying with this section. After receiving written notice of an alleged failure to comply with this section, a school district or charter school that determines that a violation has occurred is not subject to a penalty or cause of action under this section if the school district or charter school cures the violation. For the purposes of this subsection, "cure" means to destroy any information gathered in violation of this section and to provide written instruction to the individual circulating the survey, to be kept on file for one (1) year after receipt of the written notice of the alleged failure to comply.
The District will comply with the provisions of the Family Educational Rights and Privacy Act (FERPA) and the Individuals , the Individuals with Disabilities Education Act (IDEA), and the Protection of Pupil Rights Act (PPRA).
If a parent or eligible student believes that the District is violating the FERPA, that person has a right to file a complaint with the U.S. Department of Education. The address is:
The Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-4605
Telephone number: (202) 260-3887
Annual Notification
At the beginning of every school year, every school district and charter school shall obtain written informed consent from the parent of a pupil to participate in any survey pursuant to A.R.S. 15-117 for the entire year. A parent of a pupil may at any time revoke consent for the pupil to participate in any survey pursuant to subsection A of section 15-117. For any pupil who is at least eighteen years of age, the permission or consent that would otherwise be required from the pupil's parent pursuant to this section is required only from the pupil. All surveys conducted pursuant to subsection A of section 15-117 shall be approved and authorized by the school district or charter school. The school district or charter school is subject to the penalties prescribed in subsection L of section 15-117. A teacher or other school employee may not administer any survey pursuant to subsection A of section 15-117 without written authorization from the school district or charter school.
Adopted:
date of Manual adoption<-- 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. School District staff members share the responsibility for positive relations between the school and the community. The District believes in building partnerships with the businesses in the community. The following principles reflect the philosophy of the District with regard to community service and business partnerships.
● Schools belong to the people and have been provided by them.
● The success of the District is dependent upon continuing support of its patrons.
● ToThe District shall pursue the following school-community relations goals:
A. To develop intelligent citizen understanding of the District in all aspects of its operation. The involvement of citizens is essential to the achievement of District goals.● To
B. To determine how the citizenry feels about the District and what it wishes the District to accomplish.
● To C. To develop citizen understanding of the need for adequate financial support for a sound educational program.
● To D. To help citizens assume a more direct responsibility for the quality of education the District provides.
● To E. To earn the goodwill, respect, and confidence of the citizenry in the personnel and services of the District.● To
F. To bring about citizen understanding of the need for the improvement and what must be done to
facilitate essentialfacilitate essential change.
● ToG. To involve citizens in the work of the District and the solving of its educational problems
including strategic planning.
● ToH. To invite the assistance, cooperation, and understanding of elected and appointed community officials
and committeesand committees in the development of educational programs and facilities.
●I. To promote a genuine spirit of cooperation between the District and community in sharing leadership for
the improvementthe improvement of the community.
Adopted: date of 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 such areas as homework, attendance, and discipline. ● A The plan shall provide for the administration of a parent-teacher satisfaction survey.
B. A method by which parents may learn about the course of study for their children and review learning materialslearning materials, including the source of any supplemental educational materials.
● A C. A procedure by which parents who object to any learning material or activity on the basis that it is harmful may harmful may withdraw their children from the activity or from the class or program in which the material is used and request and request an alternative assignment. Objection to a learning material or activity on the basis that it is harmful includes objection harmful includes objection to a material or activity because it questions beliefs or practices in sex, morality, or religion orreligion 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 advance to the instructional materials, learning materials and activities currently used by, or being considered for use byuse by, the District.
� E. A procedure by which the District shall obtain signed, written consent from a student's parent or guardian before guardian before using video, audio or electronic materials that may be inappropriate for the age of the student.
● Procedures F. Procedures to prohibit the School District from providing sex education instruction to a student unless the studentthe student's parent provides written permission for the student to participate in the sex education curricula if the if the School District offers any sex education curricula pursuant to A.R.S. 15-711 on on the requirement to include instruction to include instruction to student students in grades seven (7) through twelve (12) on laws relating to sexual conduct with a conduct with a minor or or 15-716 concerning concerning instruction on immune deficiency syndrome, or pursuant to any rules adopted rules adopted by the State Board of Education.
● Procedures G. Procedures by which parents will be notified in advance of and given the opportunity to withdraw their children from children from any instruction or presentations regarding sexuality in courses other than formal sex education curricula.
● Procedures H. Procedures by which parents may learn about the nature and purpose of clubs and activities that are part of the of the school curriculum, extracurricular clubs, and activities that have been approved by the school.
● Procedures I. Procedures by which parents may learn about parental rights and responsibilities under the laws of this state, including including the following:
■ The 1. The right to opt in to a sex education curriculum if one is provided by the District.
■ Open 2. Open enrollment rights pursuant to A.R.S. 15-816.01, relating to the District policies on open enrollmentopen enrollment.
■ The 3. The right to opt out of assignments pursuant to A.R.S. 1-601, Parents Bill of Rights. [See Exhibit KB-EB]
■ The 4. The right to opt out a child out of immunizations as authorized by A.R.S. 15-873, relating to an outbreak of outbreak of a communicable disease.
■ The 5. The promotion requirements prescribed in A.R.S. 15-701 for for students in grades one (1) through eight through eight (8).
■ The 6. The minimum course of study and competency requirements for graduation from high school prescribed school prescribed in A.R.S. 15-701.01.
■ The 7. The right to opt out of instruction on the acquired immune deficiency syndrome as provided by Aby A.R.S. 15-716.
■ The 8. The right to review their child's standardized norm-referenced test results pursuant to A.R.S. 15-743.
■ The 9. The right to participate in gifted programs pursuant as prescribed by A.R.S. 15-779.01.
■ The 10. The right to access instructional materials as directed by A.R.S. 15-730.
■ The 11. The right to receive the school's annual report card pursuant to A.R.S. 15-746.
■ The 12. The school attendance and age requirements for children prescribed in A.R.S. 15-802, 15-803 and and 15-821.
■ The 13. The right to public review of courses of study and textbooks in the common schools (preschool programs preschool programs through grade eight [8]), as prescribed in A.R.S. 15-721, and in high schools, prescribed in A.■ The R.S. 15-722.
14. The right to be excused from school attendance for religious purposes as described by A.R.S. 15-806.
■ Policies 15. Policies related to parental involvement pursuant to A.R.S. 15-102 and and set out herein.
■ The 16. The right to seek membership on school councils pursuant to A.R.S. 15-351, describing the purpose, duties duties, and membership of a school council. [Subject to the exemption of certain school districts exempted districts exempted as described in A.R.S. 15-352.].
■ The right to participate in a parental satisfaction survey to be distributed to the parent of every child enrolled at the school, pursuant to A.R.S. 15-353.
■ Information
17. Information about the student accountability information system (SAIS) as prescribed in section section 15-1042.
■ The 18. The right to access the failing schools tutoring fund pursuant to A.R.S. 15-241.
==================================================================
Optional language: The following outlined items (to next double line) setting out the manner in which parents may be made aware of the District's Parental Involvement Policy are optional in whole or in part as determined by the local Governing Board.
The District plan under this policy may also include:
● Making A. Making parents aware of this District parental involvement policy, including:
■ Rights 1. Rights under the Family Educational Rights and Privacy Act (FERPA) of 1974, as revised revised (20 U.S.C. 1232g) relating to access to children's official records.
■ The 2. The parent's right to inspect the District policies and curriculum.
● Efforts B. Efforts to encourage the development of parenting skills.
● The C. The communication to parents of techniques designed to assist the student's learning experience in the home.
● Efforts D. Efforts to encourage access to community and support services for children and families.
● The E. The promotion of communication between the school and parents concerning school programs and the academic the academic progress of the parents' children.
● Identifying F. Identifying opportunities for parents to participate in and support classroom instruction at the school.
● Efforts G. Efforts to support, with appropriate training, parents as shared decision makers and to encourage membership encourage membership on school councils.
● The H. The recognition of the diversity of parents and the development of guidelines that promote widespread parental widespread parental participation and involvement in the school at various levels.
● The I. The development of preparation programs and specialized courses for certificated employees and administrators and administrators that promote parental involvement.
● The J. The development of strategies and programmatic structures at schools to encourage and enable parents to participate parents to participate actively in their children's education.
● Provide 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:
● The A. The Superintendent or principal shall:
■ Deliver 1. Deliver the requested information to the parent within ten (10) calendar days, or
■ Provide 2. Provide to the parent a written explanation for denial of the requested information.
● If B. If the requested information is denied or is not received by the parent within fifteen (15) calendar days:
■ The 1. The parent may submit to the Governing Board a request for the requested information, and
■ The 2. The Governing Board shall consider the request at the next scheduled meeting of the Board on which the which the request can be properly noticed. If the request cannot be properly noticed on the next scheduled meeting scheduled meeting agenda, the Governing Board shall formally consider the request at the next subsequent public meeting subsequent public meeting of the Governing Board.
Adopted: September 22, 2011 <-- 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 FEES, FINES, AND CHARGES
FEES
Areas where fees may be charged include, but may not be limited to:
● 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.
● Optional programs conducted when school is not in session.
● Fine arts courses (high school only).
● Vocational education courses (high school only).
● 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:
● The fees are reasonable.
● The fees do not exceed the actual costs of the activities, programs, services, equipment, or materials.
● 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.
● The fees are then adopted by the Governing Board.
● 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.
● No fees are charged for students' access to or use of computers or related materials.
REGULATION
PARENTAL INVOLVEMENT
IN EDUCATION
Parent and Teacher Cooperation in
Homework, Attendance, and Discipline
When homework, attendance, and discipline rules are being considered, a procedure similar to, but not limited to, the following shall be used:
A. An ad hoc committee shall be appointed by the appropriate administrative officer under the provisions of Board policy. The committee will study the issue and make recommendations to the appointing administrator. The committee will be dissolved when the final report is submitted.
B. School staff members, including teachers, will be appointed to study the issues and report to the appointing administrator. The administrator will schedule hearings on the staff report, give parents sufficient notice, and conduct hearings to permit parent reaction to the staff report, copies of which shall be readily available for parent review. Following the hearings, the administrator will prepare recommendations that give careful consideration to the views of teachers and parents. Such recommendations will be submitted to the Superintendent unless the recommendations are prepared by the Superintendent, in which case the recommendations will be submitted to the Board.
Parents' Access to Courses of Study
and Learning Materials
Parents who wish to learn about the course of study for their children or to review learning materials shall do so under provisions of Board Policy IJ and supporting regulations.
Parental Objections to Learning
Activities or Materials
Parents who wish to object to any learning activities or learning materials may do so under provisions of Board Policies IJ, KB and supporting regulations.
Availability of Instructional
Employee Resumés
The administration shall inform parents of the availability of each teaching employee's resumé and make that document available for inspection upon request of parents or guardians of pupils enrolled at a school. Such information shall not include teacher address, salary, social security number, and telephone or other personally identifiable information as determined by the District.
EXHIBIT
PARENTAL INVOLVEMENT
IN EDUCATION
RESUMÉ OUTLINE
Instructor Identification
______________________________ __ ________________________________
Name
Name Current teaching assignment(s)
________________________________________________________________
Professional Preparation
Certificated to teach in current assignment ◻ yes ◻ no
Emergency or provisional status ◻ yes ◻ no
Institution Institution Institution
◻ Bachelor Degree ________________ ◻ Masters Degree ________________
◻ Doctorate Degree ________________ ◻ Other Other ______________________
Education/____________________ _
Training _____________________
________________________________________________________________
Professional Experience
|
|
|
*Grade Level for self-contained classroom;
Subject Area for departmentalized courses.
EXHIBIT
PARENTAL INVOLVEMENT
IN EDUCATION
PARENTPARENTS' S BILL OF RIGHTS*
(Enacted by the 49th Arizona Legislature,
2nd Regular Session (2010)
Session Law SB1309, Chapter 307
Arizona Revised Statutes 1-601 and 1-602)
Parents' Rights Protected
The liberty of parents to direct the upbringing, education, health care and mental health of their children is a fundamental right.
This state, any political subdivision of this state or any other governmental entity shall not infringe on these rights without demonstrating that the compelling governmental interest as applied to the child involved is of the highest order, is narrowly tailored and is not otherwise served by a less restrictive means.
Parents' Bill of Rights; definition
All parental rights are reserved to a parent of a minor child without obstruction or interference from this state, any political subdivision of this state, any other governmental entity or any other institution, including, but not limited to, the following rights:
● The A. The right to direct the education of the minor child.
● All B. All rights of parents identified in Title 15, including the right to access and review all records relating to the minor the minor child.
● The C. The right to direct the upbringing of the minor child.
● The D. The right to direct the moral or religious training of the minor child.
● The E. The right to make health care decisions for the minor child, including rights pursuant to sections sections 15-873, 36-2271 and and 36-2272, unless otherwise prohibited by law.
● The F. The right to access and review all medical records of the minor child unless otherwise prohibited by law or the parent the parent is the subject of an investigation of a crime committed against the minor child and a law enforcement official enforcement official requests that the information not be released.
● The G. The right to consent in writing before a biometric scan of the minor child is made pursuant to section section 15-109.
● The H. The right to consent in writing before any record of the minor child's blood or deoxyribonucleic acid is created, stored stored or shared, except as required by section section 36-694, or before any genetic testing is conducted on the minor the minor child pursuant to section section 12-2803 unless unless authorized pursuant to section section 13-610 or or a court order.
● I. The right to consent in writing before the state or any of its political subdivisions makes a video or voice recording voice recording of the minor child, unless the video or voice recording is made during or as a part of a court proceedingcourt proceeding, during or as part of a forensic interview in a criminal or child protective services investigation or investigation or to be used solely for any of the following:
■ Safety 1. Safety demonstrations, including the maintenance of order and discipline in the common areas of a school of a school or on pupil transportation vehicles.
■ A 2. A purpose related to a legitimate academic or extracurricular activity.
■ A 3. A purpose related to regular classroom instruction.
■ Security 4. Security or surveillance of buildings or grounds.
■ A 5. A photo identification card.
● J. The right to be notified promptly if an employee of this state, any political subdivision of this state, any other governmental other governmental entity or any other institution suspects that a criminal offense has been committed against the minor the minor child by someone other than a parent, unless the incident has first been reported to law enforcement and enforcement and notification of the parent would impede a law enforcement or child protective services investigation. This This paragraph does not create any new obligation for school districts and charter schools to report misconduct between students at school, such as fighting or aggressive play, that are routinely addressed as student as student disciplinary matters by the school.
● The K. The right to obtain information about a child protective services investigation involving the parent pursuant to section to section 8-807.
● This L. This section does not authorize or allow a parent to engage in conduct that is unlawful or to abuse or neglect a child neglect a child in violation of the laws of this state. This section does not prohibit courts, law enforcement officers or employees or employees of a government agency responsible for child welfare from acting in their official capacity within the scope within the scope of their authority. This section does not prohibit a court from issuing an order that is otherwise permitted otherwise permitted by law.
● Any M. Any attempt to encourage or coerce a minor child to withhold information from the child's parent shall be grounds be grounds for discipline of an employee of this state, any political subdivision of this state or any other governmental other governmental entity, except for law enforcement personnel.
● Unless N. Unless those rights have been legally waived or legally terminated, parents have inalienable rights that are more are more comprehensive than those listed in this section. This chapter does not prescribe all rights of parents. Unless Unless otherwise required by law, the rights of parents of minor children shall not be limited or denied.
● For O. For the purposes of this section, "parent" means the natural or adoptive parent or legal guardian of a minor childminor child.
*Note: The literal language of the Parents' Bill of Rights is retained as enacted by the Legislature. However, the layout and style has been modified to be consistent with that of the other documents in the District's Manual of Governing Board Policies and Administrative Regulations. Where the term "section" appears it is to be understood as the identified section of the Arizona Revised Statutes (A.R.S.).
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 -->
LEGAL REF.:
A.R.S.
15-491
15-492
15-493
A.G.O.
I79-192
I83-117
The Board has the authority to accept gifts and donations as may be made to the District or to any school in the District.
The Board reserves the right to refuse to accept any gift that does not contribute toward the achievement of the goals of this District and the ownership of which would tend to adversely affect the District.
Any gift accepted by the Board shall become the property of the District, may not be returned without the approval of the Board, and is subject to the same controls and regulations as are other properties of the District. The Board shall be responsible for the maintenance of any gift it accepts, unless otherwise stipulated.
The Board will make every effort to honor the intent of the donor in its use of the gift, but reserves the right to utilize any gift it accepts in the best interest of the educational program of the District.
In no case shall acceptance of a gift be considered to be an endorsement by the Board of a commercial product or business enterprise or institution of learning.
The Superintendent shall:
● EncourageA. Encourage individuals and organizations considering contributions to the schools to consult
with the Superintendentwith the Superintendent on the appropriateness of any such gifts.
● ReportB. Report to the Board all gifts that have been offered to the District, for their review and action.
● AcknowledgeC. Acknowledge the receipt and value of any gift accepted by the District, and prepare fitting means,
as appropriateas appropriate, for recognizing or memorializing gifts to the District.
Gifts shall be recorded in appropriate inventory listing(s) and property records.
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
REGULATION
PUBLIC GIFTS / DONATIONS
TO SCHOOLS
To be acceptable, a gift must satisfy the following criteria:
● It A. It will have a purpose consistent with those of the school.
● It B. It will be offered by a donor acceptable to the Board.
● It C. It will not begin a program that the Board would be unwilling to take over when the gift or grant funds are exhaustedfunds are exhausted.
● It D. It will not bring undesirable or hidden costs to the school system.
● It E. It will place no restrictions on the school program.
● It F. It will not imply endorsement of any business or product.
● It G. It will not be in conflict with any provision of the school policy or public law.
All gifts, grants, and bequests shall become District property and subject to policies of the District.
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 Superintendentprincipal.
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: November 8, 2012 <-- 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:
● The A. The Board will transact all official business in open meetings (except as exempted by law), which the press, the the public, and school employees are welcome to attend, and at which time communications, both oral and writtenand written, may be received and considered when placed on the agenda.
● The B. The Board will function as speedily and as efficiently as circumstances permit, and always with due regard for the for the public interest.
● Board C. Board members will familiarize themselves with the work of the school system in all major areas and shall bring shall bring to the schools the viewpoint, the knowledge, and the wisdom of the community.
● The D. The Board will make provision for keeping a record of the proceedings of all meetings. Minutes of all Board meetings Board meetings (except executive sessions) shall be considered matters of public record.
● The E. The Board will keep in mind that maintaining the confidence and respect of the community is of paramount importance 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 to 38-431.09
39-101
39-103
39-121 et seq.
A.G.O.
I83-006
I84-179
I85-023
I86-090
I91-004
I13-012
CROSS REF.:
EBC - Emergencies
REGULATION
PUBLIC'S RIGHT TO KNOW /
FREEDOM OF INFORMATION
Public records of the District will be open for inspection by any person as provided by law.
Public record means any recorded information that is made, maintained, or kept by, or is in the possession of, the District. Such records include minutes of the Governing Board, agendas, financial records, contracts, and statistical summaries.
The office of the Superintendent will be open to receive requests for records inspection or copying during normal business hours on Monday through Friday.
Requests for access to records shall be directed to the office of the Superintendent.
All persons requesting inspection and/or copying of public records must attest that they have not requested the public records of the District for a commercial purpose. If the records are requested for a commercial purpose, the requester must provide a statement, verified by the requester, setting forth the commercial purpose for which the materials will be used.
The above declaration will be made and signed on the official form provided by the District for requesting inspection and/or copying of public records.
The Superintendent may shall permit access to, or provide for the copying of, the records requested within a reasonable period of time following receipt of the signed promptly following the request or will provide an explanation of a cause for further delay and will give notification of the time the records will be available, or, if access is denied, the Superintendent will provide a written statement of the grounds for denial.
Requirements of access and inspection apply only to existing records and do not require creation of new records. Public inspection of a document that otherwise would be a public record may be denied by the Superintendent if ( 1) the record is made confidential by statute, ( 2) the record involves the privacy interests of persons, or ( 3) disclosure would be detrimental to the best interests of the District. If a public record contains material that is not subject to disclosure, the District will delete such material and make available to the requester such material in the record as is subject to disclosure.
Records contained on a computer will be provided only in the form in which the information can be made available using existing computer programs.
Copies of radio or recording tapes of discs, video or films, pictures, slides, graphics, illustrations, or similar audio or visual items or devices will not be furnished unless such items or devices have been shown or played at a public meeting of the Governing Board.
A fee shall be levied on each request to cover the cost of making copies, staff time, computer time, et cetera. Fees . The fee will be collected prior to releasing material.
The fees will be based upon the following:
● Fax pages or photocopies at five cents (5¢) per page.
● Audio recordings at five dollars ($5) per cassette or CD.
● Video recordings at ten dollars ($10) per VHS or DVD.
● Photographs – actual cost of vendor reproduction.
● Postage – actual cost of postage incurred.
● Facilities blueprint and related construction drawings and renderings – actual cost of vendor reproduction.
● Actual costA. ___________ (____) per copy for materials indicated as Board minutes, agendas, financial records, contracts, courses of study, or statistical summaries.
B. ___________ (____) per copy for materials not listed above.
C. Actual cost, if available, will be assessed.
● Free D. Free copies shall be furnished if they are to be used in claims against the United States.
Commercial Purpose
When a person requests copies, printouts or photographs of public records for a commercial purpose, the person shall provide a statement setting forth the commercial purpose for which the copies, printouts or photographs will be used. Upon being furnished the statement the Superintendent may furnish reproductions of the such requested records. The charge for such records shall include the following:
A. A portion of the cost for the District to obtain the original or copies of the documents, printouts or photographs requested.
B. A reasonable fee for the cost of time, materials, equipment and personnel in producing such reproduction.
C. The value of the reproduction on the commercial market as best determined by the Superintendent.
If the Superintendent determines that the intended commercial use is a misuse of the requested public records or is an abuse of the right to receive public records, the Superintendent may apply to the Governor requesting that the Governor, by executive order, prohibit the furnishing of copies, printouts or photographs for such commercial purpose. If the Governor determines that such public record shall not be provided for commercial purpose the Governor shall issue an executive order prohibiting the providing of the requested records for such commercial purpose. If no order is issued within thirty days (30) of the date of application, the Superintendent shall provide reproductions of requested copies, printouts or photographs upon being paid the fee determined pursuant to this regulation.
The Superintendent shall advise the Board when District records are requested for commercial purposes.
EXHIBIT
PUBLIC'S RIGHT TO KNOW /
FREEDOM OF INFORMATION
REQUEST FOR PUBLIC RECORDS OF
THE SCHOOL DISTRICT
Send completed forms to pusdpr@peoriaud.k12.az.us or fax to 623-486-6096.
Please call 623-486-6100 with questions.
Name: Note: It is not required by law that this form be filled out by a person requesting public records. The District may request the document be filled out or the District may use the document internally as documentation of public records requests.
Name ________________________Address: _______________ Date _______City: _________
Address _________________ State: __________ Zip:Phone number: __________________ E-mail address: _______________________Pursuant to A.R.S. 39-121 through 39-121.03 (Arizona Public Records Law), I
hereby formally request that the Peoria Unified School District make available
to me the following documents:
(street) (city) (state) (zip)
Phone: Home ________________________ Work ________________________________________________
E-mail address ________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Nature of request:
◻ Opportunity to review records (no original record may leave the
custodian's office)
◻ Copies of records.
Please read and sign the following statement:
I have requested public records of the School District for a noncommercial purpose. I understand that if the records should be used for a commercial purpose, a verified statement of the purpose must be submitted per A.R.S. 39-121.03.
______________________ __________________________________________________
_____Personal Use _____Commercial Use
Please provide details of commercial use:
Signature:________________________________________________Date:__________
Electronic copies may be provided at no cost, depending on volume of data requested.
Actual costs, if available, will be calculated and provided to requestor prior to pulling
records.
(Date) (Signature)
Notice: A fee will be charged for copying based upon actual cost for providing the information.
Records requested (please be as explicit as possible as to the records you desire):
______ Fax pages or Photocopies at $.05 per page ________
______ Audio/video recordings at $5.00 per DVD/CD ________
______ Photographs – actual cost of vendor reproduction ________
______ Postage – actual cost of postage incurred ________
______ Facilities blueprint and related construction drawings
and renderings – actual cost of vendor reproduction ________
Other Fees: ____________________________________________________
(A.R.S. 39-121.03)Total Fees $ _________Date Request Received: ______
________
For District Administration use only:
Signature of Custodian of Records:_________________________________Date Fulfilled:___________Paid by cash ______ Paid by check #_____________
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:
● Students A. Students shall not be exploited for the benefit of any individual or group.
● Students B. Students shall participate only in appropriate situations.
● The C. The use of students shall always be evaluated in terms of the effect on the students.
● Students D. Students shall not solicit or promote District issues without approval by the Superintendent's office.
● The E. The best possible community relations grow from a superior teaching job in the classroom. Enthusiastic Enthusiastic students with serious intentions, well directed by sympathetic and capable teachers, communicate positively with communicate positively with parents and the community. This shall be the cornerstone of good community relations in the relations in the District.
Adopted: date of 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:
● IfA. If the matter relates to a student, and it is appropriate, talk with the student's teacher. If the matter
remains unresolvedremains unresolved, talk with the school administrator.
● IfB. If resolution of a problem cannot be accomplished at the building level, either party may refer the matter
to theto the Superintendent for review.
● WhenC. When a complaint is made directly to the Board as a whole or to a Board member as an individual, it will
be referredbe referred to the school administration for study and resolution, if possible.
EXHIBIT
PUBLIC CONCERNS AND COMPLAINTS
(This Form to be Submitted to the Superintendent)
Person(s) or group filing complaint _______________________________________
Complainant's address _________________________ Phone ________________
Complainant's E-mail address ___________________________________________
Date complaint is filed ________________________________________________
Has problem been discussed with the administration?
◻ Yes Yes ◻ No No Date ________________________________________
Summary of the charges (description of incident or event, including date, place, time, additional persons, alleged problem, and suggested solution):
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Identification of other witnesses or persons with information about concern:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________The projected solution
The Projected Solution
Indicate what you think can and should be done to solve the problem. Be as specific as possible.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
______________________________________ _________________________
Signature of complainant Datecomplainant Date
The administration shall give one (1) copy to the complainant and shall retain one (1) copy for the file.
EXHIBIT
COMMUNITY USE OF
SCHOOL FACILITIES
An applicant requesting the use of school facilities agrees to comply with the following rules and the District policy concerning conduct on school property if granted permission to use the requested school facilities.
A. All community group activities, including preparations, must be conducted in such a manner that students can continue their educational programs without undue interruption.
B. An employee of the District must be on duty whenever a school building is used by an organization or group unless prior approval for other arrangements has been granted.
C. The applicant is held responsible for the preservation of order. All children attending or participating in the event or activity must be supervised by responsible adults.
D. No alcoholic liquors or beverages shall be brought to or consumed in the buildings or on the grounds.
E. Tobacco and smoking is prohibited on school property.
F. Putting up decorations or scenery or moving pianos or other major furniture is not allowed without prior permission.
G. Nothing shall be sold, given, exhibited, or displayed for sale without prior permission from the school. Any sales are prohibited unless the proceeds will be used for charitable or nonprofit educational purposes.
H. Unless waived by the District when use is in conjunction with a District activity, groups must provide the District with documentary evidence of liability insurance of at least one million dollars ($1,000,000). Each group will be responsible for the repair or replacement of damaged equipment, furniture, or facility.
I. The School District and its employees, including the Governing Board, Superintendent or Chief Administrative Officer, are immune from civil liability with respect to all decisions made and actions taken to allow the lease or use of school property, unless the School District or its employees are guilty of gross negligence or intentional misconduct. This does not limit any other immunity provisions that are prescribed by law.
J. The District reserves the right to require, if it should deem it necessary, a cash bond of five hundred dollars ($500), or more to cover any damages that might be done to any equipment, furniture, or facility.
K. All wages earned by District employees on duty for approved facilities use shall be paid by the District. No District employees shall be paid directly by any group using the facilities.
L. The availability of cafeteria kitchens and other special subject or usage areas may be restricted to specific times or activities. Special fees may be charged for the use of those facilities.
M. When more than one (1) applicant requests the use of a facility for the same time, the applicant filing first shall be given first consideration. If a school program or calendar changes, the school program shall take priority, even if the activity has been scheduled. Every effort will be made to reschedule the activity as conveniently as possible when such cancellation has occurred.
N. The issuance of keys to facilities is to be discouraged. However, if no alternative is suitable, it shall be the principal's responsibility to issue and retrieve facility keys according to the District key-control procedures.
O. Permission shall be denied for activities that would exceed the capacity of the facility or be in violation of fire or safety regulations. It shall be the responsibility of the applicant to make appropriate members familiar with the use of fire and other safety devices and procedures.
P. Confirm knowledge of and commitment to comply with the requirements and restrictions for use of facilities for athletic activities as set out in Board Policy JJIB.
Q. Comply with all applicable requirements of The Arizona Medical Marijuana Act.
R. All activities must be conducted within the laws, rules and regulations of the State of Arizona and applicable municipal subdivisions.
S. Requests for future use may be denied to an organization that fails to comply with established rules.
Trust in staff members and support for their actions should be such that employees are freed from unnecessary, spiteful, or negative criticisms and complaints.
In spite of this, criticisms and complaints may be forthcoming from the community. These complaints are best handled starting at the school level and, when necessary, should proceed through the various administrative levels.
All complaints shall be referred to the Superintendent for investigation. The employee involved shall be given an opportunity, at each administrative level at which the matter is reviewed, for explanation, comment, and presentation of facts, either formally or informally. The employee will be afforded elements of due process as provided in Arizona law.
Adopted: date of Manual adoption <-- z2AdoptionDate -->
CROSS REF.:
BBAA - Board Member Authority and Responsibilities
BEDH - Public Participation at Board Meetings
EXHIBIT
COMMUNITY USE OF
SCHOOL FACILITIES
REQUEST FOR USE OF SCHOOL FACILITIES
Date ___________________, 20______
TO: ______________________________
We, _________________________________________________, request the use of a school building
Name of organization/group
facility at __________________________________ School for the purpose of presenting the following
program:
__________________________________________________________________________________
Specific location requested ___________________________________________________________
We wish the above facility on the following dates: (An attachment is acceptable.)
__________________________________________________________________________________
Day(s) of week Month Date(s) Year Hours
If equipment, lighting, tables or chairs are required please specify and indicate any special arrangements needed on the form provided.
There ◻ (will) ◻ (will not) be an admission charge. The admission will be ___________ for adults and
___________ for children. The proceeds will be used for: ___________________________________
__________________________________________________________________________________
The rental fee will include custodial or school personnel services, utility costs, and equipment usage fee, if applicable. NOTE: Food services charges and technicians are paid separately.
Two (2) people the District may contact, if necessary, are:
Name ___________________________________ Address ________________________________
Phone: (work)___________ (home)____________ _______________________________________
Zip code
Name ___________________________________ Address ________________________________
Phone: (work)___________ (home)____________ _______________________________________
Zip code
We agree to become familiar with and abide by the printed rules and regulations of the District concerning the public use of school facilities and conduct on school grounds.
This request shall be submitted at least two (2) weeks prior to the requested date(s).
RENTAL IS PAYABLE IN ADVANCE TO _________________________________________________
Remit to District Office, _______________________________________________________________
Signatures and titles of organization representatives (2)
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
FOR DISTRICT USE ONLY
LEASE AGREEMENT (where applicable)
It is understood that all rates quoted, as well as other conditions stipulated, are a part of this agreement and that proof of liability insurance is required.
Base charge of facility to be used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $____________
Additional charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $____________
Total $____________
Classification of user (circle one)
I II III
Your application for school building usage has been:
Building Action
____ Recommended ____ Not recommended for approval
Date: __________________ Principal _______________________________________________
District Action
____ Denied or altered for the following reason(s): _________________________________________
__________________________________________________________________________________
____ Approved: _____________________________________________________________________
_______________________________________ _______________________________________
Business Administrator Superintendent
Date ______________________ 20______
Lessee Acknowledgement
Signature ___________________________________ Date ______________________ 20______
Note: All requests for use of property and/or equipment must be initiated with the campus principal to be involved in authorizing campus-level approval. The request will be forwarded to the District office for final approval/disapproval. In order to avoid conflict in use, please submit all requests at least fourteen (14) days prior to date of requested usage.
Checklist of Needs (part of application)
◻ Custodial services needed.
◻ Cook needed.
◻ Special equipment needed:
◻ Audiovisual equipment.
◻ Public address system.
◻ Scoreboard controls.
◻ Kitchen equipment.
◻ Concession stand equipment and keys.
◻ Stage equipment.
◻ Shop equipment.
◻ Special school personnel.
◻ Keys for access to: _______________________________________
◻ Custodial services:
◻ Open building.
◻ Close building.
◻ Extra time needed for extra cleanup needed ________________
◻ Custodial time needed to set up _________________________
Estimated number of hours ________________________________
Total hours _____________________________________________
REGULATION
PUBLIC CONCERNS / COMPLAINTS
ABOUT PERSONNEL
Required Information
The following information concerning a complaint is required:
● The A. The name(s) of the person(s) making the complaint.
● Whether B. Whether the person(s) making the complaint represents an individual or a group. If a group is represented, information information shall be provided about the nature of the group and the manner in which the group has reviewed and reviewed and taken a position on the matter.
● Whether C. Whether the person(s) making the complaint has discussed the problem with the employee in question.
● A D. A summary of the complaint(s) and of the above three (3) items.
Processing of Complaint(s) Following
Written Summation
The complaint shall be presented to the employee toward whom it is directed, together with a suggested solution, personally and in writing, by the person(s) filing the complaint. It is the responsibility of the employee's supervisor to keep the Superintendent informed as the matter is reviewed at the various administrative levels.
The employee will have a minimum of five (5) working days in which to reply to the complaint at each administrative level at which the matter is reviewed.
If the complaint is not resolved between the originator of the complaint and the employee, the complaint shall be reviewed by the employee's supervisor. Until the matter is resolved, it may be reviewed at each successive administrative level.
The Superintendent shall be the final administrative level.
Following the decision of the Superintendent, if any of the parties concerned deem it necessary, the matter may be referred to the Board within ten (10) working days following the Superintendent's decision.
The Board shall consider all facts and provide the employee with all elements of due process in reaching a decision.
EXHIBIT
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.
EXHIBIT
PUBLIC CONCERNS / COMPLAINTS
ABOUT PERSONNEL
PUBLIC COMPLAINTS ABOUT SCHOOL PERSONNEL
(This Form to be Submitted to the Employee's Supervisor)
Person against whom the complaint is made ________________________________
Employee's position __________________ School School/dept. ____________________
Person(s) or group filing complaint _______________________________________
Complainant's address ___________________________ Phone ______________
Complainant's E-mail address ___________________________________________
Date complaint is filed ________________________________________________
Has problem been discussed with the employee?
◻ Yes Yes ◻ No No Date ________________________________________
Has problem been discussed with the employee's supervisor?
◻ Yes Yes ◻ No No Date ________________________________________
Summary of the charges (description of incident or event, including date, place, time, additional persons, alleged improper conduct, and suggested solution):
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________The projected solution
The Projected Solution
Indicate what you think can and should be done to solve the problem. Be as specific as possible.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
______________________________________ _________________________
Signature of complainant Datecomplainant Date
The administration shall give one (1) copy to the complainant and shall retain one (1) copy for the file.
Occasional objections to the selection of instructional materials may be made by the public despite the care taken to select materials most valuable for the student and the teacher. The complainant will be asked to file the complaint in writing.complete the form "Citizen's Request for Reconsideration of Instructional Material." Upon receipt of a request for reconsideration steps will be taken to reconcile the concerns of the complainant. If an accommodation is not reached, the materials and the complaint will be reviewed by the Superintendent, the Superintendent will review the work in question. After review by the Superintendent, copies of the request form and the report will be sent to the principal and the citizen.
If not satisfied with the decision contained in the report, the citizen may request that an appeal of the decision be forwarded 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 Author ______________ _ Hardcover ____ Paperback _____ Other media _______
Title _________________________________ __ Copyright date _______________
Publisher (if known) ___________________________________________________
Request initiated by________________________ Telephone __ 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 Do not assign or recommend it to my child (children).
◻ Do Do not assign it to students.
◻ Withdraw Withdraw it from all patrons of the library.
◻ Refer 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 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)
REGULATION
PUBLIC CONCERNS / COMPLAINTS
ABOUT FACILITIES AND SERVICES
Citizens of the District who have complaints about District facilities or services may register such complaints with the site administrator.*
Required information concerning complaint:
● NameA. Name(s) of person(s) making the complaint.
● Whether B. Whether the person(s) represents an individual or group.
● Whether C. Whether the person(s) making the complaint has discussed the problem with the site administrator.
● A D. A summary of the complaint and suggested solution.
Processing of complaint:*
● A. Level 1. The complaint shall be presented in writing, with a suggested solution, to the site administrator. Five Five (5) working days will be allowed for a reply.
● B. Level 2. If a satisfactory response is not received within five (5) working days, a copy of the complaint may be may be forwarded to the Superintendent, who will have ten (10) working days to reply.
● C. Level 3. If a satisfactory response is not received within ten (10) working days, a copy of the complaint may be complaint may be forwarded to the Governing Board for its consideration. Consideration as to the disposition of the complaint the complaint will be given within thirty (30) days.
*If the matters of concern are eligibility and related procedures, procedural safeguards, or provision of a free and appropriate public education, the matter may be referred at any juncture in the procedure to the appropriate compliance coordinator.
EXHIBIT
PUBLIC CONCERNS / COMPLAINTS
ABOUT FACILITIES AND SERVICES
Complainant ________________________________________________________
Representing ________________________________________________________
Date of presentation __________________________________________________
School (if appropriate) _________________________________________________
Prior contacts with the site administrator or teacher __________________________
______________________________________________________________
______________________________________________________________
Statement of complaint:
Action requested:
Signature ____________________Action requested:
Signature ___________________________________
Leasing (renting)
School facilities and property may be leased to extended day resource programs and any person, group or organization for any lawful purpose in the interest of the community. The purposes include but are not limited to the following:
● recreational, ~ scientific,
● educational, ~ social,
● political, ~ religious,
● economic, ~ other civic,
● artistic, ~ or governmental.
● moralA. recreational, G. scientific,
B. educational, H. social,
C. political, I. religious,
D. economic, J. other civic,
E. artistic, K. or governmental.
F. moral,
A reasonable use fee shall be charged for the lease of school facilities and property and this fee may be offset by goods contributed or services rendered by the lessee. "Reasonable use fee" means an amount that is at least equal to the cost for utilities, services, supplies or personnel provided to the lessee pursuant to the terms of the lease.
Uncompensated Use
The Superintendent may permit the uncompensated use of facilities and property by any school related group, including student political organizations, or by any organization whose membership is open to the public and whose activities promote the educational function of the District. "Education function" means uses that are directly related to the educational mission of the District as adopted by the Board and includes the educational mission related uses of parent - teacher organizations, youth organizations and school employee organizations. Use of facilities or property by organizations indicated above that will require a substantial District cost for utilities, services, supplies and/or personnel may be permitted only if goods contributed, services rendered or payments are made to reimburse these costs to the District.
The mission of the District is found in section A of the policy manual (see cross referenced policies below). The mission statement and the group's or organization's promotion of the educational function through the activity, as interpreted by the Superintendent in good faith, will be the basis upon which uncompensated use of District facilities and property shall be approved or denied.
Generally
The Superintendent shall annually recommend a fee schedule to the Board for the lease of school property and such schedule shall include a procedure for determining the value of goods and services being provided as compensation for the use of school property. The schedule shall include a designation of those groups whose activities promote the educational function of the School District as determined in good faith by the Superintendent and presented for Board review.
Property not associated with the use of facilities is covered in section E of the policy manual (see cross referenced policies below). The District will use its best efforts to avoid conflicts with approved use of the facilities and property but no lease or use provision shall be effective if the administrator of the facility finds that it would cause delay, cancellation, or rescheduling of a school-sponsored activity.
Proof of liability insurance shall be required for the use or lease of school property pursuant to A.R.S. 15-1105. The School District and its Governing Board, employees, and agents shall be named an additional insured under the liability insurance policy during the use of the facilities and property.
The School District and its employees, including the Governing Board, Superintendent , or Chief Financial Administrative Officer, are immune from civil liability with respect to all decisions made and actions taken to allow the lease or use of school property, unless the School District or its employees are guilty of gross negligence or intentional misconduct. This does not limit any other immunity provisions that are prescribed by law.
The Superintendent shall establish such rules and regulations as are needed to implement this policy as well as to assure the preservation of District property.
The lessee of school facilities must affirm knowledge of and enforce the requirements and restrictions set out in Chapter 28.1 of A.R.S. Title 36 related to medical marijuana.
The lessee of school facilities to be used for athletic activities must confirm knowledge of and compliance with the requirements and restrictions for such use as set out in Board Policy JJIB.
Adopted: October 14, 2014 <-- 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:
● Space A. Space is not available at the school.
● The B. The safety or welfare of the students would be jeopardized.
REGULATION
COMMUNITY USE OF
SCHOOL FACILITIESFILING PROCEDURES FOR USE OF
EQUIPMENT/FACILITIES
(Filing Procedures for Use of
Equipment/Facilities)
A request is made at the campus on which the facility is located or the equipment is stored at least two (2) weeks before the requested use.
The principal of the campus involved shall review the submitted request form, checking to be sure the applicant has filled in all of the necessary information and has signed the form. The principal shall note approval or non-approval, forwarding the request to the District office. If approval is not recommended the request shall be forwarded with an explanation.
If given approval by the District office costs, evidence of insurance and other requirements are to be indicated and the requests returned as indicated below.
● The A. The request form is sent from the District office back to the principal once acted upon. The principal is responsible is responsible for notifying the applicant of the approval, conditions (if any) imposed or denial of approval and approval and reasons.
● If B. If costs are involved, the principal asks the applicant to sign below the area specifying the fees and conditions.
Payment of projected fees are to be received in advance. All liability insurance is to be secured by the applicant, with evidence being sent to the District office one (1) week before the date of use. Failure to secure acceptable liability insurance will cancel the use agreement. Any cost overruns for services or equipment will be billed to the lessee.
No person shall engage in conduct that may cause interference with or disruption of an educational institution. Interference with or disruption of an educational institution includes any act that might reasonably lead to the evacuation or closure of any property of the educational institution or the postponement, cancellation or suspension of any class or other school activity. For the purposes of this policy, an actual evacuation, closure, postponement, cancellation or suspension is not required for the act to be considered interference or disruption.
A person commits interference with or disruption of an educational institution by doing any of the following:
● IntentionallyA. Intentionally, knowingly or recklessly interfering with or disruption of the normal operations of an educational institution educational institution by either:
■ Threatening 1. Threatening to cause physical injury to any employee or student of an educational institution or any person any person on the property of an educational institution.
■ Threatening 2. Threatening to cause damage to the District, the property of the District, or the property of any person attending person attending the District.
● Intentionally B. Intentionally or knowingly entering or remaining on the property of an educational institution for the purpose of interfering of interfering with or denying lawful use of the property to others.
● Intentionally C. Intentionally or knowingly refusing to obey a lawful order given by the Superintendent or a person designated to 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:
● Any A. Any conduct intended to obstruct, disrupt, or interfere with teaching, research, service, administrative, or disciplinary or disciplinary functions or any activity sponsored or approved by this the Board.
● Physical B. Physical or verbal abuse or threat of harm to any person on property owned or controlled by the District or at supervised or at supervised functions sponsored by the District.
● Forceful C. Forceful or unauthorized entry to or occupation of District facilities, including both buildings and grounds.
● Illicit D. Illicit use, possession, distribution, or sale of tobacco, alcohol, or drugs, other controlled substances, or other illegal other illegal contraband on District property or at school-sponsored functions.
● Use E. Use of speech or language that is offensive or inappropriate to the limited forum of the public school educational school educational environment.
● Failure F. Failure to comply with the lawful directions of District officials or of District security officers or other law enforcement law enforcement officers acting in performance of their duties, and failure to identify oneself to such officials or officials or officers when lawfully requested to do so.
● Knowing G. Knowing violation of a District rule and regulation. Proof that an alleged violator has a reasonable opportunity to opportunity to become aware of such rules and regulations shall be sufficient proof that the violation was done knowingly.
● Any H. Any conduct constituting an infraction of any federal, state, or city law or policy or regulation of the Board.
● Carrying I. Carrying or possessing a weapon on school grounds unless the individual is a peace officer or has obtained specific obtained specific authorization from the appropriate school administrator.
Additional Requirements
of the General Public
The definition of of general public is is anyone who does not come under the definition of student, faculty member, staff member, or employee.
● No A. No person shall visit or audit a classroom or other school activity, nor shall any person come upon or remain upon remain upon school premises, without approval by the principal or the principal's authorized representative. Nor shall Nor shall any person conduct or attempt to conduct any activity on school premises without prior approval by the Superintendent by the Superintendent or the Superintendent's authorized representative.
● Any B. Any member of the general public considered by the Superintendent, or a person authorized by the Superintendentthe Superintendent, to be in violation of these rules shall be instructed to leave the property of the District. Failure Failure to obey the instruction may subject the person to criminal proceedings pursuant to A.R.S. 13-2911 and and to any other applicable civil or criminal proceedings, or to tribal ordinance.
● Persons C. Persons attending special functions shall confine themselves to the specific part of the facility assigned in the permitthe permit.
● Persons D. Persons who engage in disorderly conduct of any kind may be subject to removal and exclusion from the facilitythe facility.
● The E. The use of facilities shall be granted only for legitimate purposes. Therefore, the permit holder shall assume full assume full responsibility for any unlawful act committed during the exercise of the permit.
● No F. No person shall possess or engage in the use of medical marijuana on District property, at a District event, or in or in a District vehicle.
Adopted: October 25, 2012 <-- 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
KFAA - Smoking on School Premises at Public FunctionsKI - Visitors to Schools
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
The possession or use of tobacco products, tobacco substitutes, electronic cigarettes, other chemical inhalation devices, or vapor products is prohibited in the following locations:
● School grounds.
● School buildings.
● School parking lots.
● School playing fields.
● School buses and other District vehicles.
● Off-campus school-sponsored events.
Under the provisions of(DELETE POLICY)
REMOVED PER PA 565 - JULY 2016.
A.R.S. 36-798601.03, a person who violates the prohibition is guilty of committing a petty offense.
The prohibitions do not apply to an adult when possession or use of the tobacco products are for demonstration purposes as a necessary instructional component of a tobacco prevention or cessation program that is:
~ Approved by the school.
~ Established in accord with Arizona Revised Statute 15-712.
No person shall smoke marijuana in any public place.
Adopted: December 17, 2013
LEGAL REF.:
A.R.S.
13-3622
15-341
15-712
36-798.03
36-2802
20 U.S.C. 6083
20 U.S.C. 7181
20 U.S.C. 7183
CROSS REF.:
GBED - Smoking by Staff Members
JICG - Tobacco Use by Students
KFA - Public Conduct on School Property
01, Smoke-free Arizona act, states that Smoking is prohibited in all public places and places of employment within the state of Arizona, with certain exceptions. The primary objective of the law is to prohibit smoking in public places.
Policy KFAA has, therefore, been removed from the ASBA Policy Manual as the more general and inclusive prohibition pertaining to smoking is codified under Title 36, Public Health and Safety, and is applicable in all public school facilities in Arizona.
http://azdhs.gov/preparedness/epidemiology-disease-control/smoke-free-arizona/index.php#rules
(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
REGULATION
PUBLIC CONCERNS / COMPLAINTS
ABOUT INSTRUCTIONAL RESOURCES
Citizens with an objection to a media selection will be encouraged to discuss their concern with the school principal and librarian so that an attempt may be made to resolve the matter at a local level. If resolution of the matter includes recommendation for removal of materials, the Superintendent will be advised and the procedure described in the fourth (4th) paragraph below will be followed. Should such a conference not bring the matter to a satisfactory conclusion, the following procedure is provided.
Review Procedure
For a selection to be reconsidered, complainants must complete and submit to the school principal a "Citizen Request for Reconsideration of Learning Materials" so that the specific nature of the complaint may be mutually understood and the material thoroughly evaluated. The librarian will review the book or material according to the standards prescribed in Policy JJJ for original selection. At that time the librarian will complete the District form for Reconsideration of Media Center Materials and make a recommendation about whether or not to retain the material. The principal, complainant and librarian will meet to resolve the matter. If removal is recommended, the procedure described in the third (3rd) paragraph below will be followed.
If agreement has not been reached, a committee will be convened consisting of the site administrator, the librarian, the complainant, a teacher, and a parent. The chairperson of the school site council will appoint the parent and teacher representatives to the committee. The building administrator will schedule and conduct the committee meeting within ten (10) school days of the date the citizen request form is filed. The committee may determine to retain the selection, restrict access, or recommend its removal from the Media Center collection. A report of their decision will be forwarded to the Superintendent within five (5) school days of the determination. If removal is recommended, the procedure prescribed in the second (2nd) paragraph below will be followed.
If consensus is not reached, the complainant may present the matter to the Superintendent for further review. If agreement is not reached, the Superintendent will refer the issue to the Governing Board for final consideration. If removal is recommended, the procedure described below will be followed.
The Superintendent will be notified whenever there is a recommendation for removal of a selection from the Media Center. Prior to further action, the Superintendent will confer with the president of the Governing Board to review the recommendation. Following such deliberation, the Board President may concur in the recommendation, whereupon the selection will be removed, or refer the matter to the Governing Board for consideration at the next regular meeting. In all cases where materials in the Media Center are restricted or removed, all members of the Governing Board will be notified and any member may request a review in a regular meeting.
Nothing in the procedure is intended to preclude recommendation for immediate removal of media center materials found to be in conflict with selection standards. In such unusual circumstances, it is expected that librarians, principals, and District-level administrators collectively make a recommendation through the Superintendent enabling the Governing Board to make a summary judgment reflecting their mutual agreement to remove the offensive materials. In such cases, the procedure provided in the paragraph above will be followed.
When a decision is made to remove or restrict a selection as provided by this section, all librarians will be informed by the Superintendent. Notices of removal will indicate the reasons for removal.
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 approved by the site administration, and shall not interfere with the educational operation of the site. District-wide sales to employees must be approved by the Superintendentconducted, nor shall deliveries be made, during working hours. Use of District vehicles and resources 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.
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: December 17, 2013 date of Manual adoption
LEGAL REF.:
A.R.S.
13-2919
No materials from outside of the school system used for propaganda purposes (ideas, facts, or allegations spread deliberately to further a cause or to damage an opposing cause) shall be permitted to be posted in school buildings or on school grounds or properties while students are present for instructional or recreational purposes.
School sponsored student government activities, mock elections and promotions are exempt from the prohibition against propaganda posting.
Unless otherwise prohibited by law nothing herein shall be construed to prevent the District or a District school from the sale of advertising space in accordance with A.R.S. 15-342, subject to the following conditions:
● SuchA. Such advertisements shall be age appropriate and not contain promotion of any substance that is illegal
for minorsfor minors, such as alcohol, tobacco and drugs, or gambling. Advertisements shall comply with the state
sex educationsex education policy of abstinence.
● AdvertisingB. Advertising approved by the Governing Board for the exterior of school buses may appear only on the
sides ofsides of the bus in the following areas:
■ The1. The signs shall be below the seat level rub rail and not extend above the bottom of the side windows.
■ The2. The signs shall be at least three (3) inches from any required lettering, lamp, wheel well or
reflector behindreflector behind the service door or stop signal arm.
■ The3. The signs shall not extend from the body of the bus so as to allow a handhold or present a
danger todanger to pedestrians.
■ The4. The signs shall not interfere with the operation of any door or window.
■ The5. The signs shall not be placed on any emergency doors.
● TheC. The District shall establish an advertisement fund that is composed of revenues from the sale of advertising.
TheThe monies in the advertisement fund are not subject to reversion.
● The District will review each school's availability of advertising opportunities and promote equity between programs and activities.
● Staff e-mail will not be used for any advertisement, including promotional discount offers from national retailers unless approved by the Superintendent or the Superintendent's designee. Offers for products or services available specifically to District employees may be posted on the District portal (by Public Relations) or in the staff lounge.
Requests for advertising to promote the merit of any product by brand name or trademark shall be submitted to the SuperintendentBoard.
The Superintendent Governing Board has discretion to decline specific advertisements.
Adopted: April 12, 2012 <-- z2AdoptionDate -->
LEGAL REF.:
A.R.S.
15-342
CROSS REF.:
DFF - Income from School Sales and ServicesIJNDB - Use of Technology Resources in Instruction
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.
Non-school promotional material other than that which provides financial benefit to the educational program as determined by the Board will not be allowed on school property during school sessions.
Nonprofit organizations or local municipalities 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. Any flyers or other written materials must include the following disclaimer:
"The Peoria Unified School District neither endorses nor sponsors the organization or activity represented in this document. The distribution of this material is provided as a community service."
The font size of this required information must be of similar point size of all other copy on the material.
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:
● Agree A. Agree that any charges for the instruction/activities will be based on and not exceed the cost of providing the instructionthe instruction/activities;
● Not B. Not use fighting words, obscenities, defamatory speech or encourage disruption of the educational environmenteducational environment;
● Not C. Not provide representations or visuals that are inappropriate as described in The Children's Internet Protection ActProtection Act;
● Label D. Label all material with the name of the organization;
● Display E. Display the name, address and telephone number of the local representative for the organization prominently on prominently on the promotional material; and
● Have F. Have an authorized representative of the organization sign the written assurances.
The promotional material shall be provided to the District school office at the same time as the assurance form to evidence compliance, along with proof of the organization's status as a 501(c)3 nonprofit organization (unless a local municipality). 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 District 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 District 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 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 stipulated 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:
● The A. The student or the student's parent shall submit a complaint in writing with the specific facts of the alleged violation alleged violation to the principal of the school. The principal shall investigate the complaint and respond in writing, including including a description of any action taken to resolve the complaint, within fifteen (15) days of receiving the written the written complaint.
● If B. If the complaint is not resolved, the written complaint specifying the facts of the alleged violation may be may be submitted by the parent or student to the Superintendent or designated administrator, who shall investigate shall investigate the complaint and respond in writing, including a description of any action taken to resolve the 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: November 8, 2012 <-- 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
EXHIBIT
DISTRIBUTION / POSTING OF
PROMOTIONAL MATERIALS
REQUEST TO DISPLAY/POST OR STACK MATERIALS
Date Date ______________, 20____
___, 20______________________________________________________________________
Name
Name of organization / group
We wish to display/post or stack promotional materials on the following dates: (Not to exceed one [1] month.)
__________________________________________________________________
Month ___
Month Date(s) Year
There ◻ (will) ◻ (will not) be a charge for the instruction/activity.
The person who may be contacted, if necessary, about the content of this literature, by the school, parent, or other recipient of information is:
Name Name ______________________________________________________________
Address __________________________________________________________ ____
__________________________________________________________
____
Zip code
E-mail address _________________________________________________________
Phone: (work) _______________________ _ (home) _________________________
I/We hereby assure the school that the organization will:
� A. Agree that any charges for the instruction/activities will be based on and not exceed the cost of providing the instructionproviding the instruction/activities;
� B. Not use fighting words, obscenities, defamatory speech or encourage disruption of the educational environmenteducational environment;
� C. Not provide representations or visuals that are inappropriate as described in The Children's Internet Protection Internet Protection Act;
� D. Remove the material on a date certain not more than one (1) month after it has been displayed/posted/stacked or five (5) days after the activity begins, whichever is earlier;
� E. Label all material with the name of the sponsoring organization;
� F. Provide the name, address and telephone number of the local representative for the organization prominently organization prominently on the promotional material;
� G. Have an authorized representative of the organization sign the written assurances.
The promotional material and assurance form affirming compliance shall be provided to the school office at the same time.
This request must be submitted to the school office at least two (2) weeks prior to the requested date(s).
_____________________________________________________________________
_____________________________________________________________________
Signatures Signatures and titles of organization representatives
FOR SCHOOL USE ONLY
Date: ___________________ Principal __ Principal _________________________________
Action
______ Denied or requested alteration for the following reason(s):
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
______ Approved
The Superintendent shall establish school-visit procedures for the control of persons other than school personnel or students who enter District premises. Such procedures shall permit full use of all legal means to ensure that students, employees, and District property are properly safeguarded. No person, other than one who is a peace officer or one who has obtained specific authorization from the appropriate school administrator, shall carry or possess a weapon on school grounds.
Adopted: date of 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
REGULATION
VISITORS TO SCHOOLS
Parents are encouraged to visit the schools.
All visitors to any school must report to the school office upon arrival.
For those who wish to visit a classroom during the school day, it is preferred that the teacher and the principal be contacted in advance to arrange a day and time for such visit so as to avoid any conflicts with the school schedule.
In visiting a classroom, parents must realize that the teacher's first responsibility is to the class as a whole, and the teacher will be unable to converse at any length with the visitor. If a conference is desired, arrangements will be made by the teacher for an appointment with the parent either before or after school hours.
No person may enter onto school premises, including visits or audits to a classroom or other school activity, without approval by the principal. Neither will any person be allowed to conduct or attempt to conduct any activity on school premises that has not had prior approval by the principal.
Anyone who is not a student or staff member of the District schools, and is in violation of this policy, may be asked to leave the property of the District. Failure to comply with the lawful directions of District officials or of District security officers or any other law enforcement officers acting in performance of their duties, and failure to identify oneself to such officials or officers when lawfully requested to do so, will be against District regulations. Failure to obey such instructions may subject the person to criminal proceedings applicable under law.
EXHIBIT
COMMUNITY USE OF
SCHOOL FACILITIES
An applicant requesting the use of school facilities agrees to comply with the following rules and the District policy concerning conduct on school property if granted permission to use the requested school facilities.
● All community group activities, including preparations, must be conducted in such a manner that students can continue their educational programs without undue interruption.
● An employee of the District must be on duty whenever a school building is used by an organization or group unless prior approval for other arrangements has been granted.
● The applicant is held responsible for the preservation of order. All children attending or participating in the event or activity must be supervised by responsible adults.
● No alcoholic liquors or beverages shall be brought to or consumed in the buildings or on the grounds.
● Tobacco and smoking is prohibited on school property.
● Putting up decorations or scenery or moving pianos or other major furniture is not allowed without prior permission.
● Nothing shall be sold, given, exhibited, or displayed for sale without prior permission from the school. Any sales are prohibited unless the proceeds will be used for charitable or nonprofit educational purposes.
● Unless waived by the District when use is in conjunction with a District activity, groups must provide the District with documentary evidence of liability insurance of at least one million dollars ($1,000,000). Each group will be responsible for the repair or replacement of damaged equipment, furniture, or facility.
● The District reserves the right to require, if it should deem it necessary, a cash bond of five hundred dollars ($500), or more to cover any damages that might be done to any equipment, furniture, or facility.
● All wages earned by District employees on duty for approved facilities use shall be paid by the District. No District employees shall be paid directly by any group using the facilities.
● The availability of cafeteria kitchens and other special subject or usage areas may be restricted to specific times or activities. Special fees may be charged for the use of those facilities.
● When more than one (1) applicant requests the use of a facility for the same time, the applicant filing first shall be given first consideration. If a school program or calendar changes, the school program shall take priority, even if the activity has been scheduled. Every effort will be made to reschedule the activity as conveniently as possible when such cancellation has occurred.
● The issuance of keys to facilities is to be discouraged. However, if no alternative is suitable, it shall be the principal's responsibility to issue and retrieve facility keys according to the District key-control procedures.
● Permission shall be denied for activities that would exceed the capacity of the facility or be in violation of fire or safety regulations. It shall be the responsibility of the applicant to make appropriate members familiar with the use of fire and other safety devices and procedures.
● Confirm knowledge of and commitment to comply with the requirements and restrictions for use of facilities for athletic activities as set out in Board Policy JJIB.
● Comply with all applicable requirements of The Arizona Medical Marijuana Act.
● All activities must be conducted within the laws, rules and regulations of the State of Arizona and applicable municipal subdivisions.
● Requests for future use may be denied to an organization that fails to comply with established rules.
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 adoptionBooster clubs shall function as organizations for the purpose of assisting and supporting all athletic activities in the District.
Membership in a booster club should be based on an interest in a quality sports program and willingness to donate labor or services, or to participate in fund raising.
Booster clubs will keep accurate and complete records of each fund-raising activity in accord with the county school uniform accounting system, recording the net receipts of each activity, keeping a current balance of all monies, and submitting an annual report, through the Superintendent, to the Board on July 1.
Booster clubs will present to the Superintendent, in writing, the recommended projects in order of priority for the year. Likewise, each term, coaches will submit to the principal and to the Superintendent a list of needs in priority. These will be followed by a meeting of the coaches, principal, and boosters so that a consolidated list is agreed upon.
The principal will recommend purchases to the Superintendent from the consolidated lists described above.
All projects involving expenditure of money, matching funds or not, will be submitted to the principal, with a copy to the Superintendent. Board approval will be necessary before any project is undertaken or any purchase orders are written.
Any and all moneys donated by a booster club to a school will be for a purpose or need on the consolidated lists described above. The principal will have invoices and statements for all expenditures, a copy of which will be provided the booster club before payment is made by the club treasurer.
Purchases of fifty dollars ($50) or more shall be approved only on the basis of three (3) or more bids, with one (1) from a local county bidder unless county businesses decline to bid on the items to be purchased.
Selection of athletic participants is the decision of the coaches who are responsible. Individual or group interference will be considered highly improper by the District.
The Board has final authority over all phases of school operation and money raised for schools.
Adopted: <-- z2AdoptionDate -->
CROSS REF.:
JJE - Student Fund-Raising Activities
The District shall seek to establish mutually beneficial relations with all local, county, state, and federal governmental agencies. Governmental agencies are an integral part of the community, and their participation shall be sought in matters that affect the educational program and quality of life in the community.
Adopted: date of Manual adoption <-- z2AdoptionDate -->
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."
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
REGULATION
ADVERTISING IN SCHOOLS
Approved student sponsored activities may be allowed to utilize authorized business partners that declare support for the school or school activity through the usage of temporary signage or promotional materials.
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:
Advertising - District Level:
● The District's advertising agreement shall be entered into prior to any advertising within the District.
● All advertising designs and artwork shall be reviewed first by the Public Relations department and approved by the Superintendent or the Superintendent's designee.
● All fees for advertising are subject to a deposit or full payment in advance of services rendered.
● 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.
The District and its schools will not allow advertisements that, in the judgment of the Superintendent or the Superintendent's designee, would:
● cause the District to violate and/or conflict with state or federal laws or its Board policies, regulations and code of conduct such as the use of drugs, alcohol, weapons and harassment.
● violate and/or conflict with student wellness policies and practices.
● proselytize a particular religious or political belief.
● promote illegal discrimination on the basis of gender, race, religion, national original, ethnicity, sexual orientation and/or disability.
● promote businesses and educational institutions which compete with the same services found within the organizations of Peoria Unified School District.
● promote illegal activity or inappropriate behavior of minors.
● contain words, symbols or images that would be regarded as lewd, obscene, vulgar, or plainly offensive if communicated by an employee or student on school grounds.
● defame a person or organization.
● threaten serious disruption of a school or school-sponsored activity.
● promote or oppose any political organization or religion. Advertisements that refer to a religious affiliation, figure or event shall not be authorized. This does not supersede any facility rental agreement where a religious organization is permitted to place signage in accordance with that agreement.
● promote the nomination, retention or election of any person to public office.
● promote any federal, state or local ballot issue, ballot question or matter that is or may be at issue in a public election. Advertising shall not reference or be related to political figures, elections, or issues.
This list is not all inclusive. The District reserves the right to refuse advertising that would otherwise be inappropriate in the judgment of the Superintendent or the Superintendent's designee.
No District or school names, logos, mascots or official colors shall be authorized for use by or for any non-District businesses, products, activities or causes unless otherwise approved in writing by the Superintendent or the Superintendent's designee. With prior approval by the Superintendent or the Superintendent's designee, parent teacher organizations, booster clubs, official District partners and businesses that have been approved through the District's procurement process may use such school names, logos, mascots or official colors.
Non-District organizations and private individuals shall not be permitted to use District resources for direct marketing to District employees, students, or their families unless otherwise provided in this policy or approved in writing by the Superintendent or the Superintendent's designee. It will not be the intent of the District to sell advertising in areas that would be traditionally fall within the purview of the school site or school/athletic based organizations. The District does not intend to compete for advertising revenue with the schools or organizations.
The ability to advertise on the District's website or on websites maintained at the District level will be controlled by the District and all revenue will remain at the District level.
Prior Approval of Advertising:
● All advertising must be submitted for approval to the Superintendent or the Superintendent's designee prior to its display on school vehicles. All advertising will be reviewed by the Director of Public Relations.
● The Superintendent or the Superintendent's designee will approve or reject, in accordance with these guidelines, every advertisement offered for placement on school vehicles. To facilitate this process, the advertisement, including its graphic design, must be submitted to the Superintendent or the Superintendent's designee in sufficient detail to determine the content and general appearance of each advertisement. The Superintendent or the Superintendent's designee may direct the removal of advertising that causes public criticism or is found offensive by students or members of the public.
● The District may use all unsold advertising space at its sole discretion.
Advertising Disclaimer
Acceptance and posting of advertisements or product announcements does not imply that the District endorses any particular product, service, or technique. Nor does it reflect the opinion of the District regarding any such product, service, or technique. The District does not control the content of outside websites and does not sponsor or endorse any messages, products or services contained on such websites.
Advertising Fund
The District has 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 Superintendent or the Superintendent's designee.
The Superintendent or the Superintendent's designee has the discretion to decline specific advertisements.
Clubs and Organization Fund-Raising
Through Advertising/Sponsorships
The District will work with the clubs and organizations who solicit and develop income through the sale of advertising that is located on sports fields, scoreboards, gymnasiums, or other club related areas, to determine the appropriate split of any income generated from that advertising.
In contrast, academic organizations will retain one hundred percent (100%) of funds generated. Academic organizations include school newspapers, yearbooks, etc.
The Superintendent is authorized to cooperate with colleges, universities, and other recognized research agencies in promoting potentially useful research. Because of the requirements in the Protection of Pupil Rights Amendment (20 U.S.C. 1232h) it may be necessary to limit the number and establish guidelines for the approval of studies.
The District will comply with all statutes pertaining to surveys including the requirement that notwithstanding any other law, each school district and charter school shall obtain written informed consent from the parent of a pupil before administering any survey that is retained by a school district, a charter school or the department of education for longer than one (1) year and that solicits personal information about the pupil regarding a number of characteristics which are listed in the statute A.R.S. 15-117.
Decisions in connection with research involving students, teachers, or other employees will be influenced by the following factors:
● The A. The objectives of the research should be clearly stated and the design should produce valid and reliable results reliable results that will then be made available to the District.
● The B. The research should be expected to contribute to the improvement of education or the general welfare of studentsof students.
● Data C. Data derived from school records, interviews, surveys or questionnaires that have potential for invasion of the of the privacy of students or their families must have advance written authorization of parents or guardians even guardians even though the collecting and reporting of data are to be conducted under conditions of anonymity.
● Research D. Research proposals should be of sufficient scope and depth to justify the time and effort.
● In E. In general, instructional activities will not be interrupted unless there is a clear significance for the educational program educational program of the schools.
● Projects F. Projects involving student researchers must have prior written approval by a faculty member of the institution in institution in which the student is enrolled. This faculty member must have direct responsibility related to the student's researchs research.
The District will maintain specific application procedures to conduct external research within the District. External research is any research that is not initiated through approved District programs. All applications will conform to standards and conditions set forth in the formal application document Application Procedures to Conduct Research Within the Peoria Unified School District. The following activities require direct annual notification to parents at the beginning of the school year of the specific or approximate dates when scheduled, if scheduled in accordance with the Protection of Pupil Rights Amendment:
● Activities A. Activities involving the collection, disclosure, or use of personal information collected from students for the purpose the purpose of marketing or for selling that information (or otherwise providing that information to others for that for that purpose).
● The B. The administration of any survey containing one (1) or more items described below.
■ Political 1. Political affiliations or beliefs of the student or the student's parent.
■ Mental 2. Mental or psychological problems of the student or the student's family.
■ Sex 3. Sex behavior or attitudes.
■ Illegal4. Illegal, anti-social, self-incriminating, or demeaning behavior.
■ Critical 5. Critical appraisals of other individuals with whom respondents have close family relationships.
■ Legally 6. Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministersand ministers.
■ Religious 7. Religious practices, affiliations, or beliefs of the student or the student's parent.
■ Income 8. Income (other than that required by law to determine eligibility for participation in a program or for receiving for receiving financial assistance under such program).
● Any C. Any nonemergency, invasive physical examination or screening that is:
■ required 1. required as a condition of attendance;
■ administered 2. administered by the school and scheduled by the school in advance; and
■ not 3. not necessary to protect the immediate health and safety of the student, or of other students.
Adopted: date of 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
MODEL NOTIFICATION OF RIGHTS UNDER
THE PROTECTION OF
PUPIL RIGHTS AMENDMENT (PPRA)
PPRA affords parents and students who are under age eighteen (18) or emancipated minors (�eligible students�"eligible students") certain rights regarding our conduct of surveys, collection and use of information for marketing purposes, and certain physical exams. These include the right to:
● Consent A. Consent before students are required to submit to a survey that concerns one (1) or more of the following protected following protected areas:
■ Political 1. Political affiliations or beliefs of the student or student's parent;
■ Mental 2. Mental or psychological problems of the student or student's family;
■ Sex 3. Sex behavior or attitudes;
■ Illegal4. Illegal, anti-social, self-incriminating, or demeaning behavior;
■ Critical 5. Critical appraisals of others with whom respondents have close family relationships;
■ Legally 6. Legally recognized privileged relationships, such as with lawyers, doctors, or ministers;
■ Religious 7. Religious practices, affiliations, or beliefs of the student or parents; or
■ Income 8. Income other than as required by law to determine program eligibility.
● B. Receive notice and opportunity to opt a student out of:
■ Any 1. Any other protected information survey, regardless of funding;
■ Any 2. Any non-emergency, invasive physical exam or screening required as a condition of attendance, administered administered by the school or its agent, and not necessary to protect the immediate health and safety and safety of a student, except for hearing, vision, or scoliosis screenings, or any physical exam or screening or screening permitted or required under State law; and
■ Activities 3. Activities involving collection, disclosure, or use of personal information obtained from students for marketing students for marketing or to sell or otherwise distribute the information to others.
● C. Receive/Inspect, upon request and before administration or use:
■ Protected 1. Protected information surveys of students;
■ Instruments 2. Instruments used to collect personal information from students for any of the above marketing, sales sales, or other distribution purposes; and
■ Instructional 3. Instructional material used as part of the educational curriculum.
School District will/has develop(ed) and adopt(ed) policies policies, in consultation with parents, regarding these rights, as well as arrangements to protect student privacy in the administration of protected surveys and the collection, disclosure, or use of personal information for marketing, sales, or other distribution purposes.
School District will directly notify parents and eligible students of these policies at least annually at the start of each school year and and after any substantive changes.
School District will will also directly notify parents and eligible students, such as through registration materials, the U.S. Mail or e-mail, at least annually at the start of each school year of the specific or approximate dates of the following activities and provide an opportunity to opt a student out of participating in:
● CollectionA. Collection, disclosure, or use of personal information for marketing, sales or other distribution.
● Administration B. Administration of any protected information survey not funded in whole or in part by the U.S. Department of Department of Education.
● Any C. Any non-emergency, invasive physical examination or screening as described above.
Parents/eligible students who believe their rights have been violated may file a complaint with:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-4605
EXHIBIT
RELATIONS WITH EDUCATION
RESEARCH AGENCIES
APPLICATION TO CONDUCT RESEARCH WITHIN THE
PEORIA UNIFIED SCHOOL DISTRICT
This application is a request to conduct research within the Peoria Unified School District. All applications must be sent to the Office of Research, Planning, Assessment, and Development, 6330 West Thunderbird Road, Glendale, Arizona 85307 [623-412-5274] at least four (4) to eight (8) weeks prior to the proposed start date of the project and no later than January 15th of the current school year. Applications received after this date may be considered for approval beginning in the fall of the following school year. Applications will not be considered unless all required materials are submitted and documented.
Title of Proposed Research Study: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)
_____________________Name of Applicant ___________________________________________________
Street _____________________________________________________________City, State, Zip ___________
___________________________________________Phone: __________________________ E-mail: ___
_______________________Name of Affiliation: __________________________________________________
Affiliate Contact: ____________________________________________________Street ____________________
Please be advised that copies of the actual event documents can be inspected at
________________________________________City, State, Zip _______________________________.
(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 ______________________Phone: __________________________ E-mail: ________.
(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.
____________________________________ _____________________ _ ________________________
Applicant Signature Signature Date
Application Materials Check List:
◻ Signed Application Cover Sheet
◻ Completed Application Document: Application to Conduct Research Within the
Peoria Unified School District
◻ Signed PUSD Form of General Understandings, Stipulations, and Conditions
for Applications
◻ Signed Affidavit of Data Confidentiality
◻ Signed Affidavit of Review and Understanding of the Code of Federal
Regulations, Title 45, Part 46, Protection of Human Subjects
◻ Sample Parental Consent Form (if applicable)
◻ Letter of Approval Regarding Human Subjects Research from Affiliated
Institution (IRB)
Outline for Application
All applications to conduct external research within the Peoria Unified School District must contain (at minimum) responses to the following items in the order presented. Please use the outline below as headers to organize the written application. Respond to each bulleted item under each heading. Failure to follow these guidelines may hold up review of the application.
Outline of Application Documentation
Part 1: Overview of study
1. Title of Proposed Research Study
2. Purpose & Summary of the Study
3. Rationale for the Study (How will the study contribute to this area of education
research and knowledge?)
4. Primary Research Questions or Hypotheses
5. Proposed Project Starting Date, Ending Date, and timelines for each phase of the
study.
6. Identify by name, affiliation, and contact information all persons who will be in
contact with the data being collected and/or reviewing information associated
with the project.
Part 2: Methodology
A. Participants: Number, Selection, and Activities
� Required Number of Participants:
■ Students: Number
Student's name School Grade
__________
Grade(s)__________
■ Teachers: Number__________
Grade(s)______ ____
■ Schools: Number__________
■ Administrators: Number__________
■ Support Staff: Number
________
Parent's or Guardian's Signature Date
__________
■ Parents: Number__________
� How will participants be selected for the research project?
� How much time will be required for individuals participating in the study? Provide a breakdown of required time by each category of participant.
� What will participants be asked to do? Be as specific as possible as to the conditions under which the data will be collected. Will this activity disrupt or occupy classroom instructional time for either students or teachers?
� Identify separately the potential benefits and risks for participants that might result from participating in this research project
B. Research Design Information
� Type of study: o Quantitative o Qualitative o Mixed Method
� Briefly describe the research design
� Describe/Define Research Variables:
■ Independent:________________ ____
■ Dependent:____________________
C. Data Collection and Analysis
� List, identify, and/or describe the data elements that will be collected for this study. Include a copy of all surveys, interview protocols, tests, checklists or other data collection instruments.
� Describe data analysis procedures/methods to be employed. Identify the inferential statistics/methods that will be used to test the hypotheses.
D. Reporting, Publication, and Dissemination of Results
� Describe how and to whom the study's results will be disseminated
________
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:
● Evidence A. Evidence that the school or the District is currently in compliance with all state laws and State Board of Education rules.
● A B. A statement identifying goals that will be accomplished and how the waiver will assist in enhancing school improvementschool improvement.
● A C. A three (3)-year plan for school improvement.
● Identification D. Identification of the specific rules for which the waiver is requested.
● Evidence E. Evidence of a public hearing held by the school or the District that provided for parental and public involvement public involvement and input into the proposed three (3) year plan.
A school within the District, as represented by the principal, may request approval of a waiver by submitting to the District Superintendent a proposal containing the minimum requirements as indicated above.
Proposals submitted by a school will be forwarded by the Governing Board to the State Superintendent of Public Instruction within thirty (30) days.
A waiver approved by the State Board of Education may be renewed.
A completed renewal request may be submitted to the Superintendent. The Governing Board will forward such renewal request to the State Superintendent of Public Instruction within thirty (30) days from receipt.
Adopted: date of Manual adoption <-- z2AdoptionDate -->
EXHIBIT
RELATIONS WITH STATE
EDUCATION AGENCIES
Waiver from Administrative Rules
A school or school district with a waiver approved by the State Board of Education shall document progress obtained as a result of the waiver and shall report on or before June 30 of each year to the State Superintendent of Public Instruction.
A school district having a school with an approved waiver may report the effects that such waiver has had on the operation of the school district. Reports shall be submitted on or before June 30 of each year to the State Superintendent of Public Instruction.
To prepare for the possible receipt of a proposal requesting sponsorship of a charter school, and in order to facilitate the decision to accept or reject sponsorship of a charter application/proposal, the Governing Board establishes the charter school application requirements as set forth in Exhibit LBD-E. In addition to these application requirements, each applicant shall submit a full set of fingerprints to the District for the purpose of obtaining a state and federal criminal records check. The criminal records check shall be completed prior to issuance of a charter [A.R.S. 15-183]. Additional supporting information and data may be required and shall be provided by the applicant if requested by the District or the Superintendent to assist the Board in evaluation of the application for possible sponsorship of the charter school.
The Superintendent is directed to prepare copies of the requirements, together with any instructions deemed appropriate to the distribution or receipt of the applications.
Upon receipt of the application/proposal, the Superintendent shall provide copies to the Board and review the submission for inclusion of the application requirements, reporting the findings to the Board.
The Superintendent may designate personnel to provide liaisons between applicants and the District. If requested, a liaison may also provide technical assistance to improve the application.
Public Meetings
The Board may schedule and hold community meetings in the affected areas or the entire District to obtain information to assist the Board in making a decision about the charter school application. All persons or groups that have an interest in the approval or denial of the charter school application must present their comments or concerns to the Board in writing in a timely manner or in testimony during a public meeting.
Decision on Sponsorship
The Board will make a decision to accept or reject sponsorship of the applicant charter school, in either a regular or special meeting, within ninety (90) days after receipt of the application/proposal. An applicant may submit a revised application for reconsideration by the Board. If the application is rejected, the Board shall notify the applicant in writing of the reasons for the rejection [A.R.S. 15-183].
A Charter Plan
If the District decides to sponsor a charter school, a contract shall be prepared and executed by the charter applicant and the Board, containing at a minimum the following:
● The charter requirements and assurances found in A.R.S. 15-181 through A.R.S. 15-189.
● All representations contained in the application/proposal and those submitted as additions to the application/proposal.
● A description of all Board policies and rules the charter school will be required to follow.
● Other matters as deemed necessary to the creation of a charter school document.
An approved plan to establish a charter school is effective for fifteen (15) years from the first day of operation [A.R.S. 15-183].
Renewal/Nonrenewal
of a Charter
A charter may be renewed for a period of twenty (20) years if the District deems that the school is in compliance with its own charter and A.R.S. 15-183. A charter renewal request shall be made at least fifteen (15) months prior to expiration of the approved plan in the form of an application, which must contain a report on the progress of the charter school in meeting the obligations of the contract and other terms of the agreement, including the laws applicable to the charter school.
A charter operator may apply for an early renewal by submitting to the District, at least nine (9) months prior to a renewal consideration, a letter of intent to apply for early renewal. The District shall review the charter school's annual fiscal audits and academic performance data collected by the District, shall review the existing contract with the charter school, and shall provide a renewal application to a qualifying charter school. The District shall give written notice to the charter school of its consideration of the renewal application.
Notice of intent not to renew a charter shall be given at least twelve (12) months prior to the expiration of the approved plan [A.R.S. 15-183]. The Superintendent shall assess the charter school's performance, including compliance with the charter and laws affecting the charter school, and report the findings to the Board in a timely fashion.
A charter may be renewed for successive periods of twenty (20) years.
Revocation of a Charter
The District shall review approved charters at five (5) year intervals and may revoke a charter at any time if the charter school breaches one (1) or more provisions of its charter. The District shall give written notice of intent to revoke a charter at least ninety (90) days before the effective date of the proposed revocation, thereby allowing the charter school at least ninety (90) days to correct the problems associated with the reasons for the proposed revocation. The notice shall be delivered personally to the operator of the charter school, or sent by certified mail, return receipt requested, to the address of the charter school. The notice shall incorporate a statement of reasons for the proposed revocation of the charter.
Final determination of whether to revoke the charter shall be made at a public hearing called for such purpose.
Adopted: 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
It shall be the policy of the Board to seek the highest status of membership for its schools in the North Central Association of Colleges and SchoolsAdvancEd, cooperating in the association's evaluations of the school system and considering its recommendations.
Adopted:
date of Manual adoption<-- z2AdoptionDate -->
EXHIBIT
RELATIONS WITH CHARTER SCHOOLS
CHARTER SCHOOL APPLICATION REQUIREMENTS
CHARTER SCHOOL APPLICATION REQUIREMENTS
REQUIREMENTS MINIMUM COMPONENTS
Purpose and Need
Purpose State the purpose for this charter school and point out the consistency of this
purpose with the requirements of statute [A.R.S. 15-181 et seq.].
Need Describe the need for the charter school. How was that need established?
Support Provide any support for the formation of the proposed charter school indicated by
parents, teachers, and students.
Mission and Goals
Mission statement Provide a copy of the mission statement of the charter school, including the
process used to develop this statement. The mission statement of the proposed
charter school must be consistent with the declared purposes set forth in the law
[A.R.S. 15-183].
Goals of school State the proposed three-year goals for the school, including time lines. The
applicant also should describe the process used to identify the goals.
Grades Served
Population to be served Describe with specificity the grades, ages, classes, or other groupings to be
served by the charter school [A.R.S. 15-184].
Student Achievement
and Curriculum
Program and Describe the charter school's educational program and the student performance
performance standards standards to be achieved by the proposed school. Standards must meet or exceed
State Board of Education and statutory standards and those adopted by the
District [A.R.S. 15-183].
Effectiveness measures Outline the criteria designed to measure the effectiveness of the charter school
[A.R.S. 15-183].
Objectives and Provide a description of the curriculum to be used in the school. It should list the
measuring objectives and means of measuring student performance for each subject and each
performance grade level.
State Board Design a method to measure student progress toward the student outcomes
standards adopted by the State Board of Education.
Evaluators and Present a description of the charter school's plan for evaluating student
correcting student performance, including types of assessment that will be used to measure student
standards progress toward achievement of the school's performance standards, time lines
for achievement of such standards, and procedures for taking corrective action in
the event that student performance at the charter school falls below such standards.
Reporting Detail the plan for academic accountability, including testing programs,
achievement results distribution of reports, and time lines for these activities [A.R.S. 15-183].
At-risk student Describe any objectives and means for increasing the educational opportunities
development for "at-risk" students, meaning those who because of physical, emotional,
socioeconomic, or cultural factors are less likely to succeed in school.
Criteria for
Enrollment Decisions
Enrollment standards Describe the enrollment policy and the criteria for enrollment decisions, including
a description of the proposed school's plans to include academically
low-achieving students, to promote diversity, and to provide for exceptional
students as well as students with special needs [A.R.S. 15-183 and 15-184].
Capacity determination Define the charter school's determination of capacity for purposes of enrollment
limits and indicate any plans to increase capacity in the future. Also describe the
equitable-selection process to be used when capacity limits enrollment [A.R.S.
15-184].
Limits Describe any limits on admission based upon age group or grade level [A.R.S.
15-184].
Governance and
Decision Making
Governing body and Describe the governing body, the means of selection, and the form in which the charter
process school will do business. This should include a detailed description of the rules and
procedures followed to arrive at policy and operational decisions [A.R.S. 15-183].
Parent and Describe the types and extent of parental and community involvement in the
community operation of the proposed school. Provide information on how the charter school
involvement will be accountable to the public. Specifically include how the following areas
will be addressed:
~ Provisions for charter school accountability to the school community.
~ Development of an annual school improvement plan, with supporting profile
information.
~ Reporting to the Board and the school community, including the school report
card per A.R.S. 15-746.
District school Describe the relationship between the proposed charter school and the School
relations District.
Expectations of Describe the specific role and duties of the sponsor of the charter school [A.R.S.
sponsoring district 15-183].
Requested rules Determine what specific Governing Board policies and regulations the charter
exceptions school would like waived.
Employment Plan
and Practices
Policies and practices Describe the employment practices of the school, including personnel policies, a
description of the qualifications for certificated and support staff employees,
employee compensation schedules, recruitment and selection procedures, and
plans for resolving employee relations problems [A.R.S. 15-183].
Proposed employment If applicable, in case of a proposal to take over a current school, include a plan for
modifications if the displacement of students, teachers, and other employees who will not attend
appropriate or be employed in the charter school.
Financial Data,
Facilities, and
Transportation
Cost-benefit analysis Provide necessary evidence that the plan for the charter school is in conformance
with statutory requirements and is economically sound for both the charter school
and the District.
Budget, audit, and Include a proposed budget and financial plan for the first three years of the charter
cash management and a description of the manner in which an annual audit of the financial and
administrative operations of the charter school, including any services purchased
from the District, is to be conducted.
Financial responsibility Determine who will be financially responsible for the school's payment of
obligations.
Procedures for Detail the plan for fiscal accountability, including accountability for
accountability student-activity accounts and other nontax funds [A.R.S. 15-183].
Purchased services 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 Provide any additional statements of understanding that may be required or
requested implied by applicable statutes or rules.
Supporting data Provide any additional information that might be helpful in supporting this
request to establish a charter.
REGULATION
RELATIONS WITH EDUCATION
RESEARCH AGENCIES
(External Request to Conduct Research Procedures)
The District will maintain specific application procedures to conduct external research within the District. External research is any research that is not initiated through approved District programs. All applications will conform to standards and conditions set forth Policy LC and this regulation and as detailed in the formal application document Application Procedures to Conduct Research within the Peoria Unified School District (PUSD). Request for external research will be submitted to the Director of Research and Planning. When such requests are received, the director will assemble an administrative review group to consist of the Deputy Superintendent, and any other administrators deemed appropriate, by the director to address the specific request. This group will review the request and should this group support the request, it will be forwarded to the Superintendent. If the Superintendent concurs with the review group, the request will be submitted to the Governing Board for consideration and final approval. The Superintendent or designee will provide the Governing Board with a summary of the request along with the information regarding possible benefits and impacts on the District, staff of students. The Director of Research and Planning will maintain all records relating to the external research.
Considerations/conditions for evaluating external research request must include the following:
Participation of Students in Research Studies:
● No primary data collection of any kind will come from PUSD students unless the research is being conducted, at minimum, as part of a master level dissertation for current employees, or doctoral level for outside applicants, associated with an accredited academic research institution under the guidance of a dissertation committee or academic professor.
● No primary data collection from students may occur if the activity is associated with a for-profit private business venture.
● If students are participating in a study where data is being collected from the student through means of questionnaires, interviews, or any form of direct response prior parent permission must be obtained.
● If students are participating in a study where data is being collected from the student through means of a questionnaires, interviews, or any form of direct response, no data collection activity of any kind may take place until a complete inventory of all parent/guardian consent forms have been submitted to the Director of Research and Planning.
Voluntary Participation:
● Participation in any research activity is voluntary and is an individual decision on the part of students, parents, faculty, and staff.
● Any individual participating in a research study may elect to withdraw from the study at any time and for any reason.
● The District will ensure that no penalty, repercussions, or otherwise negative consequences ensue from an individual's decision to not participate or withdraw from a research study.
● Regardless of whether or not a student voluntarily does or does not participate in a study, the learning opportunities normally afforded to PUSD students will not be adversely impacted.
Conduct of Interview and Focus Group
Research Involving Students:
● Data collection activities that require direct interviews/discussions with student must be done in the presence of at least one (1) of the student's principal, assistant principal, or a representative explicitly authorized by the principal as their representative. The school/District representative must have prior familiarity with the research proposal and line of questioning.
● Lines of questioning or discussions concerning student home life. Parent/guardian attitudes or behaviors are not permitted unless they are explicitly germane to the research question(s) being investigated and have received prior approval by the student's parent/guardian.
● All interview questions or discussions topics must be submitted a part of the application process. No significant deviation from the previously identified topics/questions is permitted without prior authorization from the Director of Research and Planning. For this purposes, the term "significant deviation" refers to topics not germane to the research question(s) being investigated and/or have not received prior approval by the student's parent/guardian.
Full-Disclosure Consent:
● Individuals being asked to participate in a research study must be provided an opportunity to review and understand all aspects of the proposed research activity prior to making a decision. This includes but is not limited to all lines of questioning and data collection, participation requirements and actions, instructed content, use and publication of information, and possible benefits and potential hazards.
● Individuals may offer their participation based on conditions that they not be required to answer, or be exposed to, specific aspects of the study that they object to (such as specific lines of questioning, specific activities/actions, or specific content). Researchers must honor these requests if they agree to their participation.
Confidentiality of Participants
and Data:
● Confidentiality of all participants, including students, parents/families, and staff, must be maintained throughout the study and with subsequent publication of results.
● A record of all persons requiring access to personally identifiable information must be filed with the Director of Research and Planning. At no time may persons not explicitly authorized to view/utilize personally identifiable information be allowed to do so without explicit prior authorization form the Director of Research and Planning.
● All personally identifiable information collected/utilized in the study must be destroyed at the conclusion of the research activity. Personally identifiable information may not be retained by the researcher after completion of the study. It is the responsibility of the Director of Research and Planning to track the progress of each research study and to confirm with the principal investigator that all identifiable information has been destroyed.
Reports
All reports, papers and findings resulting from research activities based wholly, or in part, on information originating from the Peoria Unified School District must be forwarded to the Director of Research and Planning.
Miscellaneous:
● Individuals conducting research must abide by the standards of professional conduct at all times.
● The researcher must abide by any and all conditions imposed by PUSD.
EXHIBIT
RELATIONS WITH EDUCATION
RESEARCH AGENCIES
DECLARATION OF GENERAL UNDERSTANDINGS,
STIPULATIONS AND CONDITIONS FOR APPLICATION
All applicants must read the following information. By signing this affidavit, the applicant declares understanding and agreement of all conditions and stipulations described.
All external research requests must be determined to:
1. Not disrupt or significantly interfere with the instructional duties of teachers,
students, or administrators.
2. Not interfere, delay, harm, or otherwise negatively impact student learning.
3. Address substantive, relevant, and valued educational topics and qualify, as
determined by the District, as making a worthwhile contribution to the body of
educational knowledge and understanding.
4. Not require expenditure of District monies or occupy significant expenditure of staff time during work hours.
5. Adhere to all stipulations specified by the District as conditions of approval.
6. Follow rules of informed consent: No data or information may be obtained from
Peoria Unified School District (PUSD) students without a signed written agreement
(Parental Consent Form) from the student's parent/guardian regardless of the age
of the student.
7. Make adequate provisions for monitoring collected data and ensure the privacy
of subjects.
8. In the case of university-aligned research involving students, provide signed
written approval from that institution's Internal Review Board (IRB) regarding
Human Subjects Research.
9. Provide a written copy of the of the final report to the District at no charge to
the District.
10. Provide a statement assuring that all personally identifiable information collected
during the research activity will be either 1) turned over to the District or 2)
destroyed after the study is completed.
11. Agree that permission to conduct the research study may be withdrawn at
any time without prior notification or explanation at the discretion of the
PUSD Governing Board, the Superintendent, or a designee appointed by
the Superintendent.
12. Agree that any individual participating in the study may elect to withdraw from
the study at any time any for any reason without penalty.
13. Submit the application no later than January 15th of the current school year
and at least four (4) weeks prior to the start of the proposed project.
14. Not require participation of staff or students after April 1st of current school year.
Code of Human Subjects Research: In addition, research activities involving students must follow guidelines set forth under the Code of Federal Regulations, Title 45, Public Welfare, Department of Health And Human Services, National Institutes of Health, Office for Protection From Research Risks, Part 46, Protection Of Human Subjects. Details may be reviewed at the following location:
http://ohrp.osophs.dhhs.gov/humansubjects/guidance/45cfr46.htm.
In all cases, the researcher is responsible for knowing and following these guidelines during the course of the research activity. All researchers requesting to conduct research involving students are required to acknowledge in writing that they are aware and have reviewed these guidelines. An affidavit to this effect must accompany all external research applications which involve students. (See attached Affidavit of Review and Understanding of the Code of Federal Regulations, Title 45, Public Welfare, Department of Health And Human Services, National Institutes of Health, Office for Protection From Research Risks, Part 46, Protection Of Human Subjects.)
Parental Consent Form: All research studies involving students must include written permission from the student's parent/guardian. Communication with the parent/guardian must disclose the exact nature of the research activity, the questions/information being collected, the intended use and publication of the information, and a statement explaining how confidentiality of responses will be ensured. Copies of a signed Parental Consent Form must be forwarded to the Office of Research, Planning, Assessment, and Development prior to any student-level data collection activity. A copy of a sample Parental Consent Form is attached for review.
District-Appointed Oversight: All external research activities will be overseen by the Office of Research, Planning, Assessment, and Development. Communications concerning each step in the research study must be made to this office: data collection dates, communications with site administrators, completion of significant mile posts in the study's timeline, et cetera. The Office of Research, Planning, Assessment, and Development will maintain all documentation regarding the proposed study including all contacts, Informed Consent Agreements, and monitor progress during the study's implementation.
Additional Conditions: With respect to any externally-initiated research study, the District may impose additional conditions prior to, or at any time during the course of the study when, in the judgment of the District, additional conditions are necessary.
Local Site Approval: For research projects requiring participation of school staff and/or students, the request must also be approved by the local school principal.
Conditions for Review and Approval: All applications will be reviewed by the Director, Office of Research, Planning, and Assessment and two (2) additional assistant superintendents. Considerations for review will include relevance of the proposed study to educational research and practice, disruption and/or impact on staff, students, schools, relevance of the topic to specific programs and practices in the District, the number of current external research studies on-going in the District, timeline within the school year, and other factors as determined to be of consideration. The Office of Research, Planning, Assessment, and Development and the two (2) reviewing assistant superintendents will formulate a recommendation on the application and forward it to the Superintendent for final consideration. Final decision will rest with the District Superintendent. No request will be considered without complete documentation.
Acknowledgement of review and agreement with the General Understandings, Stipulations and Conditions for Application.
________________________________________ ________________________
Signature of Applicant Date of Signature
EXHIBIT
RELATIONS WITH EDUCATION
RESEARCH AGENCIES
AFFIDAVIT OF REVIEW AND UNDERSTANDING OF
THE CODE OF FEDERAL REGULATIONS
(Title 45, Public Welfare, Department of Health and Human Services,
National Institutes of Health, Office for Protection from Research
Risks, Part 46, Protection of Human Subjects)
This declares that I, __________________________, have read and understand
(Insert Name)
the restrictions and limitations concerning use of human subjects as outlined under the Code of Federal Regulations, Title 45, Public Welfare, Department of Health And Human Services, National Institutes of Health, Office for Protection From Research Risks, Part 46, Protection of Human Subjects. I reviewed this information at the following URL:
http://ohrp.osophs.dhhs.gov/humansubjects/guidance/45cfr46.htm.
I acknowledge agreement with these conditions in so much as they apply to the proposed research project being submitted to the Peoria Unified School District.
Research Applicant Signature: __________________________________________
Date of Signature: ____________________________________________________
EXHIBIT
RELATIONS WITH EDUCATION
RESEARCH AGENCIES
PEORIA UNIFIED SCHOOL DISTRICT
AFFIDAVIT OF DATA CONFIDENTIALITY
I understand that any unauthorized disclosure of confidential information is illegal as provided in the Family Educational Rights and Privacy Act of 1973 (FERPA) and in the implementing federal regulations found in 34 C.F.R. Part 99. As condition for conducting research within the Peoria Unified Unified School District (PUSD), I acknowledge the following understandings:
1. That participation in a research study by students, parents, and school staff is
strictly voluntary.
2. That any data, datasets or outputs that I, or any authorized representative, may
generate from data collection efforts throughout the duration of the research
study are confidential and the data are to be protected.
3. That I will not distribute to any unauthorized person any data or reports that I have
access to or may generate using confidential data.
4. That PUSD students, staff, schools, or the District may not be identified in the
research report without prior authorization.
5. That data/information containing names or other identifiers (such as student
numbers) will be disposed of when their use is complete.
I understand that by agreeing to these conditions this in no way obligates the Peoria Unified School District to approve or participate in the proposed research study.
Research Applicant Signature: __________________________________________
Date of Signature: ____________________________________________________
EXHIBIT
RELATIONS WITH EDUCATION
RESEARCH AGENCIES
SAMPLE PARENTAL CONSENT FORM
My signature below indicates that I have read the information provided and have decided to allow my child to participate in the study titled [name of research project] to be conducted at my child's school between the dates of [start date] and [end date].
I understand that the signature of the principal and classroom teacher indicates they have agreed to participate in this research project.
I understand the purpose of the research project will be [describe the purpose] and that my child will participate in the following manner (list what the student will be asked to do):
1. �
2. �
3. �
Potential benefits of the study are�
I agree to the following conditions with the understanding that I can withdraw my child from the study at any time should I choose to discontinue participation:
● The identity of participants will be protected. (Describe how you will protect the identity of participants.)
● Information gathered during the course of the project will become part of the data analysis and may contribute to published research reports and presentations.
● There are no foreseeable inconveniences or risks involved to my child participating in the study.
● Participation in the study is voluntary and will not affect either student grades or placement decisions. If I decide to withdraw permission after the study begins, I will notify the school of my decision.
If further information is needed regarding the research study, I can contact [provide contact information, including phone numbers and addresses].
Signature ____________________________________ ____________________
Parent Date
Signature ____________________________________ ____________________
Principal Date
Signature ____________________________________ ____________________
Classroom Teacher Date
SUGGESTED MOTIONS TO ACCOMPLISH
POLICY MANUAL ADOPTION
Initial Motion
"I move to rescind and nullify all current and past policies of the Peoria Unified School District No. 11."
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."